One Step Closer. 9th Circuit Affirms Prop 8 Is Unconstiutitional

The Ninth Circuit Court of Appeals has just affirmed a lower federal court decision that determined that Prop 8, which bans gay marriage, is unconstitutional.  While this is a great step toward creating marriage equality for all, it also makes me a little nervous.  There is only one place this case can go now….the Supreme Court.  And a decision there is going to be huge.  It could be a few years before the Supreme Court actually hears the case as appeals take a while and it’s possible that the make-up of the court will change by then, but unfortunately I don’t see Thomas or Scalia retiring quickly enough to allow the composition of the court to change in time for this case.  The Supreme Court could chose to not hear the case, which means the decision today will stand for the 9th Circuit, but it’s also unlikely given the current political climate. 

This case was only decided 2-1 and I took a peak at” title=”www.tamarashaynekagel.com” target=”_blank”>www.tamarashaynekagel.com and follow her on twitter