A Tale of Two Cases.  Just last month, we were celebrating a federal judge's ruling in Massachusetts that, in effect, declared major sections of the Defense of Marriage Act (DOMA) unconstitutional.  Today, we celebrate a federal judge's ruling in California that Proposition 8 -- a hateful piece of prejudice used to remove rights to marry already granted to gay and lesbian couples in that state -- is unconstitutional.  Of course, both decisions have been appealed, and so they work their way up the federal judicial chain, possibly ending in the Supreme Court.

Just to state the obvious, these are two separate cases about two separate issues.  Yesterday's ruling in California stated that the attempt to bar same-sex couples from legal civil marriage was discriminatory on its face and served no compelling purpose of the state government.  This violated the Due Process and Equal Protection clauses of the 14th Amendment, making Proposition 8 unconstitutional.  The judge made it clear in his decision that if a law is unconstitutional it makes no difference how many people voted in favor of it, it's still null and void.

Last month's ruling in Massachusetts stated that DOMA, in stating that for federal purposes marriage was between one man and one woman, put the federal government in the business of deciding which state-sanctioned marriages were federally legal and which were not.  This not only violated the 14th Amendment (again, the Due Process and Equal Protection clauses), it violated the little-known 10th Amendment.  The 10th Amendment states that... oh, hell, I'm not going to paraphrase it.  Here's the full text (don't worry, it's brief):

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."


Got it?  If the feds haven't been given the power by the Constitution, and the states aren't barred from doing it by the Constitution, then the power belongs to the states (cause the feds don't have it), or to the people (cause the states are barred from doing it).  The Constitution doesn't give the feds power to decide which marriages are legal and which aren't, so that power belongs to the states (since the Constitution doesn't say the states can't decide that).  Massachusetts has decided that same-sex marriages are legal.  Thus the feds can't say they're not legal, which is what DOMA does by defining what a legal marriage is at the federal level.  (This would also apply in all other states where same-sex marriage is legal, as well.)


The decisions of the federal District Courts having been appealed, the cases next head for their respective Circuit Courts of Appeal (the 1st in Massachusetts, the 9th in California).  The cases will most likely be heard by a three-judge panel, chosen from a pool of available circuit court judges.  They may be heard en banc, meaning that all active circuit court judges hear the case.  It is most likely that whatever decisions are reached by the Circuit Courts will be appealed to the Supreme Court.


The Supreme Court will hear a case if four Justices vote to hear it.  Otherwise, the appeal will be refused and the lower court decision will stand.  In regards to the California case, if it reaches the Supreme Court, a decision could be rendered in 2011 or 2012.


So, does this mean gay couples can get married in California again?  Well, no.  The defendants in this case (the people supporting Prop 8) not only appealed to the Circuit Court, they also asked for a stay -- a delay until an appeal is heard -- in executing the judge's decision.  Reports conflict (as of this writing), but it seems like the judge granted a temporary stay for a fixed number of days.  If the stay is not made more permanent, wedding bells get to ring out for same-sex couples again.  But if it is, things stay just as they are until the Circuit Court makes its ruling.


And what do we do now?  For today, celebrate.  Yesterday's ruling was a victory, historic in its potential scope, and we should take time to revel and be glad.  Tomorrow is time enough to get back to work and ensure that wins in Massachusetts and California get turned into wins for all gay men and lesbians, in all states.