August 12th, 2010


Drop back ten and punt. . .

Ah, well - the California district court judge did more or less what I expected, although I was hoping - he lifted his stay of his judgment that Prop 8 is unconstitutional, but he delayed dissolving the stay until next Wednesday. Which means that unless the Ninth Circuit institutes its own stay, same-sex couples will be allowed to marry in California starting then.

However, I'd be REALLY surprised if a panel of the Ninth Circuit didn't impose its own stay pending appeal. It's possible - the joy of being an Article III judge, with the joy of lifetime tenure, is that unless you're trying to be promoted to the Supremes, you really don't have to give much of a damn about what other people think of your job performance - but I'd still be surprised.

Still, progress - slow, incremental progress, but progress.