Same-Sex Marriage Legal Dream Team May Not Get Case Before Supreme Court

Ugh

 

still, if they recieve a confined-to-california ruling that overturns prop 8, it sets constitutional precedence for other states laws banning same sex marriage to be overturned.

Courts have to give credence to precedence that has already been set. That is not to say they cant overturn precedence, but it is harder to overturn precedence than it is to set it. You have to have good just cause to overturn it, and it will be hard to overturn a precedence like that currently is being set in california over prop 8. The arguements made by boies and olsen are extremely well constructed, and tightly formed.

There is a reason the pro prop8 people have not been trying to overturn the ruling on the merits of the ruling and the cases that were made by the pro-marriage equality side... there are not constitutionally valid counterarguements at this time, and likely will never be.