Although the result leaves gay men and lesbian couples unable to marry for now, Walker said Prop 8 opponents "demonstrated by overwhelming evidence" that it violates due process and equal-protection rights under the U.S. Constitution.[/size]
That's still encouraging.
Yes, but....
The court will hear arguments for a stay on Friday, and the stay will most likely be granted. The case will then proceed to the Ninth District Court, where it will probably succeed, but another stay will be granted pending the appeal to the U.S. Supreme Court. The Supremes will most likely hear the case; had the case been decided on state law, the Supremes could just let it stand; but, because the case was decided on US Constitutional grounds, the Court will most likely hear it, else the case would stand as law in only the states in the Ninth District.
There is little likelihood that the court will experience a conservative-to-liberal judge turnover before 2012, so the case will most likely be decided in a 5-4 decision, with Justice Kennedy deciding which way it goes.
der Brucer
