Comments on: Gays can marry in California! http://www.dallasvoice.com/instant-tea/2008/05/15/gays-can-marry-in-california/ The Official Weblog of the Dallas Voice Thu, 20 Nov 2008 16:26:07 +0000 http://wordpress.org/?v=2.6.2 By: Jon Garinn http://www.dallasvoice.com/instant-tea/2008/05/15/gays-can-marry-in-california/#comment-754 Jon Garinn Thu, 15 May 2008 20:13:31 +0000 http://www.dallasvoice.com/instant-tea/2008/05/15/gays-can-marry-in-california/#comment-754 Tammy's right. The parties cannot appeal to the U.S. Supreme Court because no federal constitutional questions are at issue. Perhaps I should have said that the equal protection clause of the U.S. Constitution should be the basis for a U.S. Supreme Court ruling as well. Tammy’s right. The parties cannot appeal to the U.S. Supreme Court because no federal constitutional questions are at issue. Perhaps I should have said that the equal protection clause of the U.S. Constitution should be the basis for a U.S. Supreme Court ruling as well.

]]> By: Tammye Nash http://www.dallasvoice.com/instant-tea/2008/05/15/gays-can-marry-in-california/#comment-753 Tammye Nash Thu, 15 May 2008 19:49:34 +0000 http://www.dallasvoice.com/instant-tea/2008/05/15/gays-can-marry-in-california/#comment-753 MR. Garinn said: "which, hopefully upon appeal to the U.S. Supreme Court, will be the basis of a positive ruling there as well." Just to clarify: This decision cannot be appealed to the U.S. Supreme Court. The lawsuits were based solely on the equal protection clause of the California State Constitution, which is not necessarily the same as the U.S. Constitution, and so the state Supreme Court has the final word. That is why this decision, as in Massachusetts, only to that one state and not the whole country. MR. Garinn said: “which, hopefully upon appeal to the U.S. Supreme Court, will be the basis of a positive ruling there as well.”

Just to clarify: This decision cannot be appealed to the U.S. Supreme Court. The lawsuits were based solely on the equal protection clause of the California State Constitution, which is not necessarily the same as the U.S. Constitution, and so the state Supreme Court has the final word.
That is why this decision, as in Massachusetts, only to that one state and not the whole country.

]]> By: Jon Garinn http://www.dallasvoice.com/instant-tea/2008/05/15/gays-can-marry-in-california/#comment-752 Jon Garinn Thu, 15 May 2008 19:43:08 +0000 http://www.dallasvoice.com/instant-tea/2008/05/15/gays-can-marry-in-california/#comment-752 I hope everyone can appreciate the enormity of this victory. The basis of the court's ruling is the equal protection clause of the California constitution, which, hopefully upon appeal to the U.S. Supreme Court, will be the basis of a positive ruling there as well. I hope everyone can appreciate the enormity of this victory. The basis of the court’s ruling is the equal protection clause of the California constitution, which, hopefully upon appeal to the U.S. Supreme Court, will be the basis of a positive ruling there as well.

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