Sunday, August 15, 2010

Prop 8 and the Supreme Court

David S. Cohen has an interesting piece up over at Feminist Law Professors about Prop 8 and whether the gay marriage debate will still be relevant by the time the appeal reaches the Supreme Court:
Not only is there momentum, but there's also demographics. Gay marriage has much more support by younger voters than older voters. Four years is enough to make a huge difference in this regard, as older voters die off and younger people become voters (or, if voting age already, become more consistent voters).

Thus, in November 2012, I think it's a pretty good bet that the voters of California will vote for same-sex marriage. They voted down same-sex marriage in 2008 by only 4 points. In 2012, they'll probably vote in favor of same-sex marriage by a small, but definite margin. Prop 8 will be history. Assuming a normal appeals process, involving a panel of the Ninth Circuit, an en banc review by the Ninth Circuit, then a certiorari petition to the Supreme Court, followed by briefing and argument, I just can't imagine the Supreme Court deciding before November 2012.

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