In February, Judge Reinhardt of the Ninth Circuit Court of Appeals dealt a blow
to same-sex marriage that SSM advocates themselves have yet to appreciate.And by the court's labored refusal yesterday to allow rehearing en
banc to correct its mistake, the survival of Prop 8 becomes ever more likely in
the Supreme Court of the United States.Judge Reinhardt's
misreading and misapplication of the Romer decision results from nothing more
than a desire to fit a square peg into a round hole, all in an effort to pander
to Justice Anthony Kennedy.The result? Justice Kennedy will have
nothing of it.On or before Monday, September 3 the defenders of Prop
8 will file their petition for certiorari, which likely will be granted in
October, prior to the presidential election.The election results
will portend no new appointments to SCOTUS and no liberal justices will
retire.After briefing and argument in SCOTUS, Judge Reinhardt's
purportedly "narrow" opinion -- one that supposedly affects only
California (but Roe-like threatens to take down the laws of more than thirty
states) -- will itself go down in flames in a 5-to-4 or even 6-to-3 decision.
Another step in the direction of equality and the right side of history.