Surprisingly, it wasn't unanimous, it was the narrowest ruling possible, and nearly all of the findings of fact from the bench trial were explicitly ignored.
On the other hand, I dislike the "equal protection" approach to marriage anyway...I think ultimately that a "privacy interest" approach is better. But I'll take a victory anyway I can get it!
Yeah, they clearly wanted the narrowest ruling possible, so as not to start off a shitstorm outside of California, as if such a thing were possible. But a victory is a victory. Now months of stays and such bullshit, and we see if it goes to the Supreme Court.
Unfortunately, with a 2-1 ruling, it's possible that we'll be stuck in _en banc_ purgatory for another year or two before it even is heard by the SCOTUS.
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On the other hand, I dislike the "equal protection" approach to marriage anyway...I think ultimately that a "privacy interest" approach is better. But I'll take a victory anyway I can get it!
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