Brown: "This is a gross miscarriage of justice that we trust the majority of the U.S. Supreme Court will rectify."
Nice to know that Brian Brown, the official representative of the US Conference of Catholic Bishops, is a constitutional scholar. The simple fact is that the "will of the people" does not operate to determine the constitutional rights of a minority group. Nor does the will of the people determine what is, or is not, constitutional under the law. The Ninth Circuit Court of Appeals judiciary made their individual and collective decisions not to hear the case on legal grounds.
Those are simple facts that Mr. Brown is unable to appreciate.
Furthermore, Mr. Brown, the Bishops and their cronies rolled the dice, possibly to delay the matter. Indeed, had the Court decided to hear this case en banc NOM and its allies would have succeeded in delaying things for a year or so.
As for the Supreme Court of the United States, they may very well choose to not hear this case. Avoiding the case will mandate marriage equality in California without setting precedent.
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