Why Is A Year-Old HuffPo Article Tricking The Entire Internet Into Thinking Prop 8 Was Overturned?
Hey everybody. Prop 8 was not overturned, despite any rumors you might have heard on Facebook, Twitter, Tumblr and everywhere else. It just turns out that an old HuffPo article entitled, “Prop 8 OVERTURNED: Gay Marriage Ban Struck Down In California” (about Judge walker Vaugh’s historic decision in the Prop 8 trial) got re-posted all across the web and mistaken for breaking news even though the date on the article is almost a year old. So WTF happened to mislead everyone into thinking something awesome had happened?
There are two theories currently circulating: one that a Huffpo editor screwed up and changed the date and the other that National Gay & Lesbian Chamber of Commerce may have accidentally forwarded it as news—both are 100 percent unsubstantiated rumors, we’re dying to know the actual culprit. But you can at least rest secure in the knowledge that California still forbids loving committed Americans from marrying the people they love.
The appeals court is very likely finished making the decision. They often write part, or even most, of a decision before the oral arguments. The recent hearing was on two motions, not on the merits of the appeal itself. The oral argument on the merits was almost a year ago.
They just have to wait a decent interval before releasing the decision.
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Hopefully those that read this untimely article, look at the dates.
Seems the 9th is going to rule in favor of the plaintiffs and gay marriage, striking down Prop 8, which paves the way for SCOTUS. If that becomes the case, I don’t see SCOTUS hearing the case in their current session (Oct 2011 to June 2012), but maybe in the 12/13 window, as they will most likely approve gay marriage for lack of rational evidence to federally ban it. To me it feels like SCOTUS won’t hear it this session as it’s too soon for the entire country to “swallow” a federal gay marriage win, which may mean they may refuse to hear it at all, and by default, Cali gets gay marriage. But since it’s the intention of Bois and Olsen to go to SCOTUS, it’s really hard to say how things will play out. If they also feel it’s too soon for SCOTUS, they may have to drag things out so it doesn’t happen in this years SCOTUS session, though they may feel now is the time. Questions questions questions! This is a hagged out dragged out ongoing cliffhanger if there ever was one.
Either way, with elections and gay marriage in the mix, 2012 could prove to be the most intense and controversially explosive election year in American history.
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do headlines exist from this author that aren’t in question form?
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@Ryan: Did you bother to click on the entries around this one? The first intersex mayor, for example, is this author’s piece as well and it’s headline is not in question form. So, I guess this begs the question: does the person that asked this question not bother doing his own research?
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@iDavid:
On another blog (I’ve forgotten which one) a lawyer noted that the deadline for the SCOTUS session starting in October 2012 is fast approaching. Sometime in January. I also remember seeing a lawyer comment that the Ninth Circuit will probably rule in February. The losing side will probably ask for a review by a larger panel, an en banco review. The pundits say that such an appeal is likely to be rejected. Waiting for the court to say no is yet another hurdle to come and another delay for the trial.
Sadly, even if the proponents realize that the best they can hope for is a delay, they’ll take it. I’m sure they see delays and the money they cost us as successes.
In any case, Perry won’t hit SCOTUS before before the 2013 term. Erwin Chemerinsky has opined that one of the DOMA cases might get there first.
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@John D
Gotchya. Now it makes sense why Cali Supremes dallied with their ruling on standing, so as to drag this out which is technically brilliant as I think SCOUTS will strike down Prop 8 in ’12/13. It begs whether Calis will put it on the ballot (which I have heard they are not going there) in 2012 which I think may be a mistake. What seems to be a calamity of delays may in the end be the very thing that gets this country gay marriage. Your thoughts?
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…until the appeals court gets done typing :)