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.

Subscribe to The Week

Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

SUBSCRIBE & SAVE
https://cdn.mos.cms.futurecdn.net/flexiimages/jacafc5zvs1692883516.jpg

Sign up for The Week's Free Newsletters

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

Sign up
To continue reading this article...
Continue reading this article and get limited website access each month.
Get unlimited website access, exclusive newsletters plus much more.
Cancel or pause at any time.
Already a subscriber to The Week?
Not sure which email you used for your subscription? Contact us