Breaking news: According to the Los Angeles Times, the California Supreme Court will decide tomorrow whether the supporters of Proposition 8 have standing to appeal the federal court's ruling that Proposition 8 is unconstitutional.
I'll be honest here, folks: I'm really torn. I don't know what I want to have happen tomorrow, or whenever they announce their decision.
I can see both sides. Our side, with the dream team of Olson & Boies, showed definitively that the Prop 8 proponents have zero case and zero support, legally, for what they want: a ban on my marriage and the marriages of every other member of the California 18K club.
Based on quite a bit of case law, the proponents don't have standing by any reasonable measure to be the ones to appeal the federal court ruling, either.
While I would love, on the one hand, for the CA Supreme Court to say tomorrow "Sorry, Prop H8ers, you have no standing, go sit on it," which would effectively make the 9th Circuit say "Sorry, Prop H8ers, your precious little hatefest is UNCONSTITUTIONAL and you may not appeal it to SCOTUS," it would be in some ways immensely more satisfying to see it go all the way to SCOTUS and have - finally - every anti-marriage-equality law in the country struck down across the board, the way that anti-miscegnation laws were definitively struck down with the Loving v. Virginia decision in 1967.
On the other other hand, it would also be immensely satisfying to know that they were told "no, you can't have that cookie no matter how much you hold your breath, scream, throw a temper tantrum or stamp your feet." It would be immensely satisfying to know that they had no more legal recourse. It would make me happy to know that they finally have to STFU.
Even so, and regardless of how the CA SC decides, there will be no doubt be an appeal to SCOTUS from the H8ers: on the issue of standing, if the CA SC says that the Prop 8ers don't have it, and on the material facts of the case, if they do. So we will still have to wait a while for this to work its way through the national court system.
But I'm still hoping that, regardless, the H8ers will not get their way. And having seen the evidence on our side and the total lack of it on theirs, I'm pretty confident they won't.
Thoughts, comments, random words? Anyone? Bueller?