So the ninth circuit did what it does…. Supreme Court, meet Prop 8. Prop 8, meet Supreme Court (but probably not). But regardless of what the court does, which will probably be a disappointment to gay rights advocates, the gay marriage train is leaving the station… You’ll be hard pressed to find many people under 30 opposed to gay marriage. If you don’t like it, blame Will and Grace!

Daliah Lithwick thinks it could have been a more liberal because it was narrowly based on California’s same sex rights protections rather than a broad rationale ala Lawrence v. Texas. No doubt the court wanted to insluate itself from having its decision overturned by a court skittish to expand equal protection rights nationally.