The breaking news out of the California Supreme Court is that they WILL entertain a full merits consideration of the question certified to them by the 9th Circuit in the Perry v. Schwarzenegger.

We have unexpectedly quick news out of the 9th Circuit Court of Appeals on the Perry v. Schwarzenegger Proposition 8 marriage equality appeal. As you will recall, the case is in the 9th on appeal from the three week long evidentiary trial in the Northern District of California last January in front of Judge Vaughn Walker with closing arguments made on June 16 (summary of EW live coverage here) and Judge Walker’s opinion finding such marriage discrimination unconstitutional was issued on August 4th.
The current appeal had oral argument less than a month ago, on Monday December 6th.

Now we have the surprisingly fast first decision, if you can call it a “decision”. It is really a disguised punt.

The 9th Circuit has granted the request for stay in the Perry Prop 8 case.

The decision from Judge Vaughn Walker is in and the hatred and discrimination of California’s Proposition 8 has been overturned and declared unconstitutional.

From a knowledge of court procedure, and the fact that Defendant Intervenors have already lodged a Motion For Stay Pending Appeal, it is quite clear that Judge Walker’s opinion will be a victory for gay marriage and a loss to the Proposition 8 H8ters. Proposition 8 is going to be held to be unconstitutional.