Prop 8 overturned one year ago

It was one year ago today that Proposition 8 was overturned by a Federal judge, making it legal for same-sex couples to marry in California. Except not really. I used to think that when courts strike down laws, those laws are, you know, not laws anymore. In fact, that's pretty much what happened the last time a court struck down Proposition 8. "But wait!" you say, "That wasn't Prop 8. In fact, that was before Prop 8 even passed!" Right, it was Proposition 22. But see if you can spot the difference between the two:

The complete text of Proposition 22:

This initiative measure adds a section to the Family Code; therefore, new provisions proposed to be added are printed in italic type to indicate that they are new.

SECTION 1. This act may be cited as the "California Defense of Marriage Act."

SECTION 2. Section 308.5 is added to the Family Code, to read:

308.5. Only marriage between a man and a woman is valid or recognized in California.

The complete text (pdf) of Proposition 8:

This initiative measure expressly amends the California Constitution by adding a section thereto; therefore, new provisions proposed to be added are printed in italic type to indicate that they are new.

SECTION 1. Title
This measure shall be known and may be cited as the “California Marriage Protection Act.”

SECTION 2. Section 7.5 is added to Article I of the California Constitution, to read:

SEC. 7.5. Only marriage between a man and a woman is valid or recognized in California.

Prop 8 changes the Constitution, while Prop 22 only changed the Family Code. Much more importantly, Prop 8 has the word "thereto" in it. I think that means they hired more expensive lawyers in the intervening 8 years? Anyway, what was I saying? Right, so it's been a year since this court decision, but same-sex couples still can't actually get married here, because the Proposition 8 proponents are appealing the decision, so there's a stay on the decision. And, the court isn't actually considering their appeal yet because first they need to figure out whether the proponents even have standing to appeal. In other words: It's gonna be a while.