Long Battle Ahead in Perry v. Schwarzenegger

Whatever Judge Walker's ruing in Perry v. Schwarzenegger - and I am personally hoping for a well written and evidenced based opinion that strikes down Proposition 8 - it will not be the end of the matter. No matter which side prevails in the District Court case, the opposing side will be almost guaranteed to appeal the case to the Court of Appeals for the 9th Circuit, and then ultimately to the U.S. Supreme Court. The more well reasoned Walker's ruling (assuming it strikes down Prop 8), the more difficult it will be for a higher court to overturn the fact finding part of the opinion since deference is always given to the court that actually heard witness testimony, etc., first hand. As for reviewing the law and previous decisions of the U.S. Supreme Court, there is definitely the precedent to write an opinion that would strike down Prop 8 - and all similar amendments if the court of final jurisdiction has the nerve to flout the religious infused argument against gay marriage. The New York Times has an article that looks at the case's route once Walker enters his ruling. Here are highlights:

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“We would immediately appeal,” Andrew Pugno, a lawyer for the proponents of Proposition 8, said when asked if his side were to lose in Judge Walker’s court. The plaintiffs agree. “This is in fact just the beginning,” said Chad Griffin, a Los Angeles-based political consultant who is also the board president of the American Foundation for Equal Rights, which backed the Proposition 8 challenge.

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Such legal wanderings, of course, are not cheap, and so it is that Mr. Griffin has already begun fund-raising for the next step. “It’s going to take resources,” said Mr. Griffin, who added that he intended to tap “major donors around the country, as well as grass roots and online.”
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And whether the case is argued in front of the United States Court of Appeals for the Ninth Circuit or the Supreme Court, one thing is also certain: What the next round of judges hears will be very similar to what Judge Walker did.

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In the meantime, Mr. Griffin said his group had been signing up about 2,000 people a day to an e-mail list that will alert followers the moment Judge Walker’s decision is filed. One of those signed up is Cynthia Laird, the editor of The Bay Area Reporter, a local gay newspaper, who said that the certainty of an appeal had subdued the sense of anticipation for some.

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“I thought that the last 30 minutes of Ted’s rebuttal was the best 30 minutes I’ve seen in five decades of practicing law,” Mr. Boies said of Mr. Olson, his opponent in Bush v. Gore, the 2000 Supreme Court battle over the presidency. He also admitted to being moved by testimony by his clients, two gay couples seeking to invalidate Proposition 8. “I think when they were asked ‘Why do you want to get married?’ I think even the defense was affected by that,” he said. “I still get emotional remembering those answers.”

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Meanwhile - as so often seems the case with advancement of gay rights - we all go on waiting. And wondering if we will live long enough to see the day when LGBT people are just seen as people, just like everyone else.