Here is the conclusion to the ruling just issued by the California Supreme Court:

Therefore, the Ninth Circuit will now rule on the merits of the appeal to the Prop 8 ruling. If you want to read the whole opinion, Jeremy has it.

And here is Matt Baume of AFER explaining what this all means. He explains that, while this might look like a setback, it really isn’t.:

The point is that the more that courts actually have to rule on the quality of the bigots’ arguments, the more they lose.

I’m starting to get the feeling that the Religious Right is going to be on permanent Code Red Pout-rage alert from now on, because this is how Focus on the Family’s CitizenLink is reacting to yesterday’s news that the 9th Circuit punted the Prop 8 case back to the California Supreme Court for a definitive answer as to whether the appellants have standing:

9th Circuit Undermines Marriage, Religious Freedom

All together now:  get a grip, Focus!

This is, like, wonky and boring news, only interesting to those of us who are obsessed with the case.

Jeremy asks a pertinent question:  how are they going to react when we actually do win?  We saw the theatrics after DADT repeal, so I have a feeling it’s going to pretty epic.

False alarm, y’all.

The Ninth Circuit has just issued an “Order Certifying a Question to the Supreme Court of California,” essentially punting the question of whether or not the Prop 8 appellants even have standing to appeal back to that Court.  Until that question is answered, the appeals court states that they can’t consider the Constitutional question of Prop 8.

If you want to read it, it’s here.

CNN remembers:

In its May 15 ruling legalizing gay marriage in California, the [California Supreme Court] justices seemed to signal that a ballot initiative like Proposition 8 might not be enough to change the underlying constitutional issues of the case in the court’s eyes.

The ruling said the right to marry is among a set of basic human rights “so integral to an individual’s liberty and personal autonomy that they may not be eliminated or abrogated by the legislature or by the electorate through the statutory initiative process.”

Enemies of individual freedom and religious liberty — including Mormon, Catholic, and Protestant religious-rightists — chose to ignore the human rights of fellow Californians. Through a campaign of outright lies and unethical activities, religious-right groups conned California voters into approving — by a narrow margin — Proposition 8, which by a simple majority vote nullified human rights and family values of an entire demographic minority of Californians.

According to the San Francisco Chronicle, defenders of the freedom to marry contend that Proposition 8 used a ballot-initiative process which is legally restricted to minor changes to the state constitution. According to California law, changes of Proposition 8′s magnitude are supposed to be made only through a careful and deliberative legislative process.

Prop 8 replaced the freedom to marry with a sectarian religious ban that discriminated against the civil marriage and relationship rights of persons who choose not to adhere to the religious biases of one powerful voter bloc.

Today, according to CNN, the high court agreed to hear challenges to the constitutionality of Proposition 8. The case will not be heard before May 2009; until then, antifamily religious-rightists continue their efforts to nullify the pre-existing marriages of gay and lesbian couples.

Hat tip: All Facts and Opinion

Ruling Undermines “Ex-Gay’ Propaganda And Lets Potential Recruits See The Truth About Same-Sex Relationships

NEW YORK — TruthWinsOut.org expressed jubilation over the California Supreme Court’ decision to overturn a ban on same-sex marriage. The momentous 4-3 ruling is one of the biggest victories in the GLBT equality movement’ history. It also undermines “ex-gay” propaganda that demeans gay relationships to recruit new members.

“We are thrilled to be a part of history and experience a monumental victory for marriage equality,” said Wayne Besen, TruthWinsOut.org’ Executive Director. “The court made a bold decision and confirmed that all relationships, regardless of sexual orientation, are equal in California.”

“Under these circumstances, we cannot find that retention of the traditional definition of marriage constitutes a compelling state interest,” the court said in a majority decision. “Accordingly, we conclude that to the extent the current California statutory provisions limit marriage to opposite-sex couples, these statutes are unconstitutional.” (Read More)