We all know that Prop 8 is the California amendment, passed on Nov. 5, 2008, that limits marriage to opposite-sex couples, and we all know that the h8ful majority that voted it into law are probably ignorant, close-minded sons/daughters of female dogs who are too blinded by their stubborn idiocy to see the love that two people have for each other and know that all a marriage would do is document that love on paper.
We all know that, but what we don’t all know (yet) is that the proposition is set to be appealed next week, and on Monday the US court of appeals for the ninth circuit named the three-judge panel that is set to hear oral arguments against Prop 8. The appellate panel (which means the panel hearing the appeal) consists of the ideologically diverse judges Steven Reinhart, Michael Daly Hawkins, and Norman Randy Smith.
Judge Reinhart, an appointee of President Carter, is a staunch liberal who is known for striking the words “under God” from our pledge of allegiance.
Judge Hawkins, a Clinton appointee, is reported by the San Jose Mercury News as being more moderate, and served on the three-judge panel that imposed a stay on Vaughn Walker’s ruling against Prop 8, delaying the return of marriage equality while the suit is being appealed.
Judge Smith is the Republican appointee, nominated by President Bush in 2007, he joined the court that same year.
Judge Smith is a clear-cut conservative and really democratizes (Believe it or not, that’s a real word!) the panel by adding the spice of opposition to the appeal, because although Judge Hawkins is seen as being a moderate, he often leans towards the liberal side when confronted with social questions.
Carl Tobias, a University of Richmond law professor, says “It is treacherous to predict results in cases as high-profile and difficult as this on panel composition,” so instead of telling you, Fusion’s faithful readers, to prepare the festivities for next week’s repeal of Prop 8, I’ll say instead to cross your fingers and hope for the best because (and trust me when I say this because I’m pulling the “black card” on this one) the road to equality is a bumpy one.