Question about Prop. 8

[Thomas D]

I haven't heard about the Supreme Court taking up the case about Prop 8. So if they don't take it up when does the lower courts overturning it take effect?

[World politics is up Schmitt creek]

Justice Ginsburg expects they'll see to it sometime this coming year.

[politicallefty]

If SCOTUS refuses to take up the case, I believe the lower court takes immediate effect, in which case marriage equality in California becomes law. We shouldn't know before too long how the Court will take up the decision one way or another. If I had to guess, I'd say the lower court stands unless Justice Kennedy is willing to go for a broader decision on marriage equality (probably a la Loving v. Virginia). But, on the other hand, you have to remember that it only takes four votes to bring an issue before the Supreme Court. My bet is that SCOTUS lets the lower court stand and marriage equality takes effect in California due to its particular circumstances, kicking the can down the road on the larger question.