Prop 8 Ruling On Tuesday, February 7

The 9th circuit appeals court has announced that they will release their decision on Prop 8 by 10 AM tomorrow. The issues:

(1) whether former U.S. District Court Judge Vaughn Walker should have recused himself from hearing the case because he is gay and had a long-time partner with whom he was not married; (2) whether the proponents of Proposition 8 have the right to appeal Walker's decision striking down Proposition 8 as unconstitutional when none of the state defendants chose to do so; and (3) whether, if Walker did not need to recuse himself and the proponents do have the right to appeal, Walker was correct that Proposition 8 violates Californians' due process and equal protection rights guaranteed in the U.S. Constitution.

In addition, it seems the court staff accidentally released today an opinion rejecting the Imperial County Clerk's request to intervene as "untimely." Oh, yeah...remember the Imperial County Clerk? Almost got lost in all the brouhaha. Anyway, staff has withdrawn the opinion, and it will probably be released tomorrow.