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08 Feb 2012 20:23

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Politics: Big successive days for marriage equality movement

  • yesterday A three-judge panel of the 9th Circuit Court of Appeals struck down California’s Proposition 8, the gay marriage ban which voters approved in 2008. As we noted, the ruling didn’t endorse same-sex marriage as a right, but said voters had no rational reason to prohibit it; a step forward regardless.
  • today Washington’s state legislature passed, by a vote of 55-43, a bill that legalizes same-sex marriage. The bill will almost assuredly face a legal challenge by opposing advocacy groups, but Democratic Governor Chris Gregoire will likely sign it into law at some point during the next week. source
Posted by Chris Tognotti • 0 Comments • Permalink

07 Feb 2012 14:05

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Politics: California’s gay marriage ban, Prop. 8, struck down by court panel

  • Proposition 8 served no purpose, and had no effect, other than to lessen the status and human dignity of gays and lesbians in California.
  • The 9th Circuit Court of Appeals • On today’s 2-1 panel ruling, which overturned California’s gay marriage ban on constitutional grounds. This is a validation of a previous ruling against Proposition 8 back in August 2010, made by now retired Judge Vaughn Walker. ProtectMarriage, the group that backed Proposition 8, still has legal recourse, however; they can seek the ruling of a larger 9th Circuit panel, or try to take the case to the U.S. Supreme Court. The likely “swing vote” in that case is thought to be Justice Kennedy, who could therefore occupy the unusual position of holding millions of people’s future marriages and families in his hands. source
Posted by Chris Tognotti • 0 Comments • Permalink

14 Jun 2011 18:00

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Politics: District court chief: Prop. 8 Judge Walker is impartial

  • The mere fact that a judge is in a relationship with another person — whether of the same sex or the opposite sex — does not ipso facto imply that the judge must be so interested in marrying that person that he would be unable to exhibit the impartiality which, it is presumed, all federal judges maintain.
  • U.S. District Court Chief James Ware • Explaining his ruling that retired Judge Vaughn Walker, a gay man who ruled against California’s Proposition 8 in court, should not have had to remove himself from the case. This is a major victory for gay-rights advocates, and the legal opponents of Proposition 8; its supporters had argued that Walker’s long-term relationship with another man biased his judgment in the case, as he might want to get married. Walker’s ruling against Prop. 8 is still on hold pending a circuit court appeal. source
Posted by Chris Tognotti • 0 Comments • Permalink

04 Jan 2011 22:55

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U.S.: Ninth District makes boring, indecisive decision on Prop 8 case

  • *shrug* The 9th District Court’s ruling on gay marriage – neither in favor of keeping Prop 8 nor against the controversial measure. Good answer, important people!
  • instead The court transferred the case to the California Supreme Court, to decide whether Prop. 8 backers can even defend the measure in court. Hmm. source
Posted by Ernie Smith • 0 Comments • Permalink

06 Dec 2010 20:06

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U.S.: Ninth Circuit leaning towards Prop. 8 repeal – and a narrow decision

  • Do we have to reach that point?
  • Ninth Circuit Court of Appeals Judge Stephen Reinhardt • Suggesting that the court may not decide the Prop. 8 case with a broad brush, and may choose a more narrow route instead. It seems that the court in general is favoring gay-marriage supporters, with the court’s most conservative judge, N. Randy Smith, noting that the blockage of marriage seems arbitrary, considering that gays have equal rights in almost every other point of Californian life. “What is the rational basis for that?,” he asked. source
Posted by Ernie Smith • 0 Comments • Permalink

06 Dec 2010 10:53

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U.S.: Gay marriage: Prop 8 trial heads to Ninth Circuit today

  • It’s a very favorable panel for the challengers to Proposition 8.
  • University of Pittsburgh law professor (and Ninth Circuit expert) Arthur Hellman • Handicapping the highly-anticipated horse race over Proposition 8 in the Ninth Circuit Court of Appeals starting today. The court, which chose to hear the case before allowing Judge Vaughn Walker’s initial decision to stand, could throw some wrenches in the case, though; namely, if they want, they can decide the case in such a way (by suggesting that supporters fo Prop. 8 didn’t have the standing to appeal the case) so that it doesn’t go to the Supreme Court, even if it legalizes gay marriage in California. source
Posted by Ernie Smith • 0 Comments • Permalink

12 Nov 2010 10:25

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Politics: Cindy McCain calls out hubby John in latest NOH8 campaign video

  • John McCain may want to delay DADT’s repeal, but his wife doesn’t feel quite the same way. Cindy McCain, who has appeared in photos for the pro-gay-marriage NOH8 Campaign in the past, shows up in this latest anti-gay-bullying clip saying this: “Our political and religious leaders tell LGBT youth that they have no future … They can’t serve our country openly … Our government treats the LGBT community like second-class citizens, why shouldn’t [the bullies]?” Her husband led the filibuster against “don’t ask, don’t tell,” so she’s literally calling out her husband in the clip. He also ran on an anti-gay-marriage platform back in 2008. If anyone else thinks that’s incredibly ballsy, raise your hand. *raises hand* source
Posted by Ernie Smith • 0 Comments • Permalink
 

29 Sep 2010 21:55

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U.S.: My work is done here: Prop. 8 judge Vaughn Walker retiring

  • He’s only going to be remembered for that one case. Vaughn Walker had a long career as a judge in California, but it’s a decision he made in August that made him famous. Walker, the chief judge of the Northern District of California, struck down Proposition 8 using a tightly-written decision that law scholars are going to be reading for decades to come. Walker’s second act? He doesn’t have one. He’s retiring at the end of the year. Might as well go out on top. Bravo, dude. Have fun playing golf. source
Posted by Ernie Smith • 0 Comments • Permalink

17 Aug 2010 21:44

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Politics: Prop 8 trial: Could procedure prevent a landmark decision?

  • Judges are human beings. If there is an easy way out, most people will look for it. And this would be an easy way out for the judges.
  • George Washington University Law Professor Alan Morrison • Regarding the possibility that the Ninth Circuit Court of Appeals, and later the Supreme Court, could use a distinction known as “standing” to allow gay marriage in California but invalidate the right of the supporters to represent the case for the state of California. The reason why this would be appealing? It wouldn’t allow a broader decision on gay marriage throughout the country. It would be a partial victory for those who support gay rights, rather than the one they really want. source
Posted by Ernie Smith • 0 Comments • Permalink

14 Aug 2010 05:43

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U.S.: We may get an early Supreme Court preview of the Prop 8 case

  • firstJudge Vaughn Walker decided that Wednesday would be the day he’d take the hold off of gay marriage in California.
  • thenThe supporters of Prop 8 decided to appeal the stay to the famously liberal U.S. 9th Circuit Court of Appeals.
  • now The appeals court will decide by Monday, at which point it could go to Supreme Court Justice Antony Kennedy. source
  • » Why it’s a preview: Two reasons. First, Kennedy is the swing vote on the court, meaning what he decides could be an early harbinger of the full case. Second, Kennedy may ask for guidance from the court on where to go next. So, Prop 8 followers, we may find out soon whether or not gay marriage is likely to get legalized in the U.S.
Posted by Ernie Smith • 0 Comments • Permalink
 
 
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