This article at Towleroad gives a clear, easy-to-understand rundown of the questions before the Ninth Circuit Court, what they mean, which ones will be addressed in the rulings expected tomorrow, and what happens next.
Having dispensed with the motion to release the videotapes of the trial last week, the Ninth Circuit now seems prepared to issue a comprehensive decision on at least two (but mostly likely three) questions.
First, does Protect Marriage, as citizens of California responsible for Prop 8, have standing to defend Prop 8 in federal court?
Second, if Protect Marriage has standing, should Judge Walker’s decision declaring that Prop 8 violates the Due Process and Equal Protection Clauses of the U.S. Constitution be affirmed?
Third, did Judge Ware abuse his discretion when he denied Protect Marriage’s motion to vacate the lower court decision on the grounds that Judge Vaughn Walker should have recused himself?
