February 8, 2012
"Judge Reinhardt does not hold there is a right to same sex marriage, only that CA had no rational reason to take away the label of marriage for use by gay and lesbian couples after the state had had already given it. By crafting the argument in this way, and making the case that the only reason for passing Prop. 8 was anti-gay animus, Judge Reinhardt has given Justice Kennedy a way to decide the case without embracing a major holding recognizing a right to same sex marriage generally."

— Rick Hansen • Regarding the nature of the 9th Circuit Court’s ruling on Proposition 8 earlier today. Hansen is suggesting that Judge Reinhardt cast the ruling in an intentionally narrow sense so as to make it easier for Justice Kennedy, the Supreme Court’s most notorious swing voter, to uphold it on appeal. The distinction we made earlier could thus affect the future of gay marriage in California. In short, court rulings often possess a strategic, as well as a legal, foundation. source (viafollow)

(Source: shortformblog)

  1. eldinire reblogged this from shortformblog and added:
    newspersons were going...and on about it, I had...fight so...
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  5. theofficialjmg reblogged this from iwishforanother and added:
    —YEAH. Which doesn’t mean we shouldn’t celebrate yesterday’s ruling, it just means that we need to be prepared that a...
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  7. mikeormichael reblogged this from shortformblog and added:
    OKay, read this, but each time replace “Reinhardt” with “Reinhold.” It hilarious, right?
  8. thefrogman said: Why does Judge Reinhold have any say in this? He should be making more Beverly Hills Cop movies.
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