Gays and Lesbians can now marry in Washington State.
Perhaps California will soon make it 8.
Illinois might make it 9. Yesterday, Illinois legislators introduced a marriage equality bill. Since the division between Chicago and Illinois is perhaps even more drastic than the one between New York City and New York State, who knows what will happen there. (Hat tip to JoeMyGod)
For the record, yes I think H8 will go to the Supreme Court. I don't think Justices Thomas and Scalia will have too much difficulty persuading Roberts and Alito to hear it. Yes, the 9th Circuit very carefully worded their decision to make it particular to California and its very peculiar situation, all very reasonable. But when did reason ever have anything to do with this whole argument? As to what the decision will be, who knows.
If the Court decides for H8, this would set an extremely bad precedent, not just for lgbts, but for civil rights. Such a decision would effectively mean that everyone's rights are subject to popular referendum. Just as the Citizens United decision seriously blurred the distinction between democracy and oligarchy, so finding the line between democracy and mob rule would become that much harder if H8 prevails.
Who knows, maybe bills of attainder will make a comeback. I can just hear the talking points on Fox News now ...
Gay activists in Texas (yes that's right, TEXAS) are doing actions across the state on Valentine's Day for marriage rights. Well I'll be dipped in shit!