Reinhardt and Judge Michael Hawkins did make two smart findings: They ruled that Walker did not have to vacate his anti-Prop. 8 ruling because of his being gay. (Who would be the next target, Catholic judges?)
They determined that because state officials (i.e., Govs. Arnold Schwarzenegger and Jerry Brown) refused to represent the voters in court, Prop. 8 proponents had a right to argue for the measure. As a result, the Prop. 8 case should reach the U.S. Supreme Court sooner rather than later.
"It's simply one step along the way," opined Jesse Choper, a University of California, Berkeley law professor.
When the California Supreme Court ruled in favor of same-sex marriage, Newsom stood on the steps of City Hall crowing, "It's going to happen -- whether you like it or not." Newsom didn't bother trying to win Californians over to his cause. He figured the courts would impose same-sex marriage on them. And then voters don't have to like it.
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