Why The Ninth Court Banned California Gay Marriage Ban Again And How It Might Be A Good Thing..

So when you woke up this morning and read the news that gay marriage is banned in California once more you probably thought that you’d gone to sleep and somehow magically gone back in time a couple of months.

Well unless you’re reading this in November then you haven’t, what has actually happened is that the Ninth Court has now smacked on down another ban which now means that it’s going to be at least December before there’s going to be any sign of a gay old marriage in California now.

So why the devil have they done it? Well one reason could be because the Ninth Court want to do a legal version of the Hokey Cokey with the issue of gay marriage but it’s not actually that at all it seems to be all about working out who can actually appeal against the lifting of Proposition 8 with the three judges appearing to be not sure that an appeal by the backers of Proposition 8 is actually even legal.

Still confused? Well don’t worry it took us a while too, but basically the issue is that the backers of Proposition 9 weren’t the defenders named when the case was brought to the courts. That was California governor Arnold Schwarzenegger and attorney general Jerry Brown, two men who have no want to appeal the decision by Judge Walker and have in fact offered their support for the lifting. This means that it could said that the backers of Prop 8 may not have the standing to even be recognized by the court, let alone appeal it which not only means they can’t stop the Ninth Court allowing gay marriage but they would have no standing to take it to the Supreme.

So basically what appears at first to be a big negative could actually be a huge positive, though the way things having gone over the last few weeks we won’t be holding our breath…

Photo credit: bkulser