Marriage Neutering Advocates Look For Silver Lining

Not happy with the stay on Judge Walker's ruling, marriage neutering advocates cling to a silver lining: this keeps SCOTUS out of it for now. Maura Dolan has today's article in the Los Angeles Times.

A federal appeals court decided Monday to put same-sex marriage in California on hold at least until December, interrupting the wedding plans of scores of gay couples who were hoping to exchange vows later this week.

They can still exchange vows. What the court put a hold on was state licensing of brideless or groomless couples as marriage. The state did not create marriage, though it certainly appears that same-sex "marriage" is a state creation (in this case, a federal judge's creation) when articles are worded this way.

The brief order by a three-judge panel of the U.S. 9th Circuit Court of Appeals prevents an early showdown on the marriage question at the U.S. Supreme Court. Challengers of the marriage ban said they would not appeal Monday's order.

It's... not... a... ban.

Loyola Law School professor Richard Hasen said Monday's order was strategically advantageous for supporters of [neutering] marriage, no matter how disappointed many couples may be. If the panel had refused to place a hold on Walker's ruling, the supporters of Proposition 8 were prepared to seek a stay from the Supreme Court. The court is believed to be divided on the question of gay marriage, with Justice Anthony Kennedy considered a swing vote. A vote on a hold might have pushed the justices into taking an early position on the question.

Hasen then explains why people of every state should keep fighting to defend marriage.

"If this case takes another year to get to the U.S. Supreme Court, there could be more states that adopt same-sex marriage and more judicial opinions that reach that conclusion."

So keep it up. Let your elected leaders and candidates know you do not want state licensing of marriage to be diluted. Tell them the bride+groom requirement should stay. Register to vote and vote. If you can vote on judges, research them and do so.