Is the Prop 8 ruling merely 'a limited win' for gay marriage?

A federal appeals court strikes down California's gay-marriage ban — but the ruling is so narrow, it might not have much effect outside the Sunshine State

People celebrate in San Francisco Tuesday after a gay-marriage ban is overturned, although the federal appellate ruling may be too narrow to have an effect on any state other than California.
(Image credit: Justin Sullivan/Getty Images)

Everyone agrees that Tuesday's decision by a federal appellate court to strike down California's Proposition 8, which banned same-sex marriage, is a big win for marriage-minded gays and lesbians in California. But what about gays outside the Golden State? The ruling, by Ninth Circuit Judge Stephen Reinhardt, is explicitly narrow and California-specific, punting on the "broader question" of "whether under the Constitution same-sex couples may ever be denied the right to marry." Does that mean gay-marriage proponents are celebrating, and opponents mourning, too much?

This is only "a limited win for equality": Judge Reinhardt starts his opinion with "what sounds like a sweeping statement" in favor of a constitutional right to same-sex marriage, says The Baltimore Sun in an editorial. But the rest of the ruling is "so narrowly drawn that, even if it is upheld by the U.S. Supreme Court in an inevitable appeal, it may have little bearing" on any state other than California. This is a "symbolic" win for marriage equality, but little else.

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