then the 9th circuit decision would be vacated and the district court ruling would stand Just a point of clarity, the 9th Circuit upheld the District Court’s Ruling. They aren’t in opposition. So for all federal levels, Prop 8 is invalid at this moment.
This would invalidate prop 8, but not provide any precedential value to any other court or jurisdiction. I believe this is incorrect. Wiki says "After granting a writ of certiorari and accepting a case for review, the justices may decide against further review of the case. For example, the Court may feel the case presented during oral arguments did not present the constitutional issues in a clear-cut way, and that adjudication of these issues is better deferred until a suitable case comes before the court. In this event the writ of certiorari is "dismissed as improvidently granted" (DIG) — saying, in effect that the Court should not have accepted the case. As with the granting or denial of cert, this dismissal is customarily made using a simple per curiam decision without explanation" That doesn’t vacate the 9th Circuit’s opinion, it only says that the Supreme Court should never have heard it. Can you provide any examples of the Supreme Court doing this and vacating an Appellate decision?
Basically, the 9th circuit wussed out. Not really. They were bound by the question before them, which was whether the appelants had the RIGHT to appeal. They determined that they did, but that they were ready, willing, and eager to make a broader ruling. Judge Reinardt even said in his opinion " “Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples." So if the case is remanded, It is going to be extremely easy to get a Appeal decision in favor of gay marriage that would apply to the entire circuit.