It’s kind of sad that my expectations for the 9th circuit are so low that I expected them to do the foolish thing but every now and then they surprise me.
The argument that there was no harm was weak, because the 9th Circuit certainly saw what happened in the state court process, where the California Supreme Court, though upholding Prop. 8, had to grapple with what to do with same sex couples who had married in the interim. The 9th Circuit didn’t need that headache, and neither did society. Given the expedited schedule, the relatively short delay in such marriages resulting from a stay was not enough to overcome the legal chaos similar to what happened in the state courts.
Let’s hope the process is expedited, the longer people on both sides are kept waiting the worse it is. I would think the issues have been gone over and over so it wouldn’t be too hard but then again decisions are always easier when you don’t have to make them so I guess I should be patient with the people who are charged to do so.
And for those who can’t wait, there is always Massachusetts, particularly for the fall foliage.
Update: If I was more cynical I would think this might have something to do with it:
That decision came as a huge disappointment to the activists who sought to have Prop 8 declared unconstitutional. But it was a relief for the White House, meaning that a potentially divisive issue would not play out during the fall midterm elections.
Democratic pollster Geoff Garin, who is close with top White House officials, said Obama has “suffered through a season of distractions. He didn’t need one more distraction.”
After all nobody would ever suspect the 9th circuit of playing politics, would we?
