Same-Sex Marriage Update

MsTinkerbelly · 02-06-2012, 01:50 PM

BREAKING: 9th Circuit to rule on constitutionality of Prop 8 tomorrow
By Adam Bink

Just in from the courthouse:

The Court anticipates filing an opinion tomorrow (Tuesday, February 7) by 10:00 a.m. in Perry v. Brown, case numbers 10-16696 and 11-16577, regarding the constitutionality of Proposition 8 and the denial of a motion to vacate the lower court judgement in the case. A summary of the opinion prepared by court staff will be posted along with the opinion.

To recap, Judge Walker ruled Prop 8 to be unconstitutional in August 2010. The case and various related cases wound they way through the courts over the next year and a half. Tomorrow, the 9th Circuit Court of Appeals will finally issue a ruling on the appeal of Judge Walker’s verdict. From there, the case could go to the full 9th Circuit en banc (full 9th Circuit rather than just a panel of judges, as is the case here) and/or the Supreme Court.

The court will also rule on the motion to vacate Judge Walker’s decision because he’s gay.

As usual, we’ll be providing the best coverage on the web before and after the ruling tomorrow morning

Soon · 02-06-2012, 06:55 PM

http://abclocal.go.com/wabc/video?id=8531932

MsTinkerbelly · 02-06-2012, 07:26 PM

Quote:

Originally Posted by HowSoonIsNow

http://abclocal.go.com/wabc/video?id=8531932

That was AMAZING! Thank you for posting it...I hadn't seen the show.

MsTinkerbelly · 02-07-2012, 12:06 PM

Prop 8 has been ruled unconstitutional! More later on whether or not a stay is issued

MsTinkerbelly · 02-07-2012, 12:18 PM

BREAKING: Proposition 8 ruled unconstitutional by 9th Circuit panel
By Jacob Combs and Adam Bink
Prop8TrialTracker.com just received the 9th Circuit’s opinion in Perry v. Brown that Proposition 8, the 2008 voter-enacted ban on marriage equality in California, is unconstitutional. In addition, the appeals panel ruled that the proponents of Prop 8 did have standing to pursue their appeal of Judge Walker’s decision striking down the marriage ban, and upheld District Court Judge Ware’s decision denying a stay to throw out Walker’s ruling because he is gay. The ruling on constitutionality was divided on an 2-1 vote, with Judges Stephen Reinhardt and Michael Hawkins voting to strike Prop 8 down, and Judge N. Randy Smith voting to uphold the ban. The ruling regarding standing and the motion to throw out Judge Walker’s decision was a unanimous 3-0 vote

MissItalianDiva · 02-07-2012, 12:37 PM

Thrilled to see Prop 8 struck down but pissed the stay is still in place. It should have been lifted with this ruling. The law clearly states the stay can and should be lifted once the ruling was overturned.

MsTinkerbelly · 02-07-2012, 12:43 PM

UPDATE 1: From the ruling, p. 80, footnote 27:
“The stay pending appeal issued by this court on August 16, 2010 remains in effect pending issuance of the mandate.”
UPDATE 2: The National Center for Lesbian Rights’s senior attorney, Chris Stoll, shares his thoughts with us on the next steps of the trial:
The stay is still in effect. Footnote 27 the opinion says that the previously issued stay remains in effect pending issuance of the mandate. Mandate issues 7 days after the deadline for filing a petition for rehearing expires, or 7 days after petition for rehearing is denied, whichever is later. I expect that the proponents will ask for a further stay from 9th Circuit, and if that is not granted, they will ask the Supreme Court.
It usually takes months for the en banc reconsideration to be completed. If a party asks for en banc review, the request is sent to all of the 20-something active judges on the court. Memos are often exchanged between the judges before a vote takes place on whether to take the case en banc. If they take it, names are drawn for the panel and a whole new series of briefs are usually filed, which takes a few more months. Then they hold oral argument and issue a decision. It is really almost like starting the whole appeal all over again.
The losing party has up to 90 days to ask the Supreme Court to take the case. It then usually takes a couple of months at least for the Supreme Court to decide whether to take a case. The party opposing Supreme Court review gets to file a brief saying why the Supreme Court should not take the case, and amicus briefs can be filed on both sides as well. Also, the Court does not do any business from the end of June to September. If all that briefing is not completed before the Court’s summer recess begins, then it will not even consider whether to take the case until it comes back in September

Merlin · 02-07-2012, 05:31 PM

Ding dong the witch is dead ? No more prop 8 ? Love and light from the Uk.

02-06-2012, 01:50 PM	#1
MsTinkerbelly Timed Out - TOS Drama How Do You Identify?: ... Preferred Pronoun?: ... Join Date: Nov 2009 Location: ... Posts: 6,573 My Photo Gallery Thanks: 30,737 Thanked 22,907 Times in 5,017 Posts Rep Power: 0	OMG OMG OMG BREAKING: 9th Circuit to rule on constitutionality of Prop 8 tomorrow By Adam Bink Just in from the courthouse: The Court anticipates filing an opinion tomorrow (Tuesday, February 7) by 10:00 a.m. in Perry v. Brown, case numbers 10-16696 and 11-16577, regarding the constitutionality of Proposition 8 and the denial of a motion to vacate the lower court judgement in the case. A summary of the opinion prepared by court staff will be posted along with the opinion. To recap, Judge Walker ruled Prop 8 to be unconstitutional in August 2010. The case and various related cases wound they way through the courts over the next year and a half. Tomorrow, the 9th Circuit Court of Appeals will finally issue a ruling on the appeal of Judge Walker’s verdict. From there, the case could go to the full 9th Circuit en banc (full 9th Circuit rather than just a panel of judges, as is the case here) and/or the Supreme Court. The court will also rule on the motion to vacate Judge Walker’s decision because he’s gay. As usual, we’ll be providing the best coverage on the web before and after the ruling tomorrow morning

02-06-2012, 06:55 PM	#2
Soon Infamous Member How Do You Identify?: femme Relationship Status: attached Join Date: Dec 2009 Location: . Posts: 6,896 My Photo Gallery Thanks: 29,046 Thanked 13,093 Times in 3,386 Posts Rep Power: 21474858	our side won this debate--kinda awesome to watch http://abclocal.go.com/wabc/video?id=8531932

02-07-2012, 05:31 PM	#8
Merlin Member How Do You Identify?: Butch Preferred Pronoun?: Knight in shining armour. Relationship Status: Spoken for Join Date: May 2011 Location: England Posts: 250 My Photo Gallery Thanks: 87 Thanked 547 Times in 170 Posts Rep Power: 6763778	Ding dong the witch is dead ? No more prop 8 ? Love and light from the Uk. __________________ https://youtu.be/IWvEXChflEE

02-07-2012, 12:06 PM	#4
MsTinkerbelly Timed Out - TOS Drama How Do You Identify?: ... Preferred Pronoun?: ... Join Date: Nov 2009 Location: ... Posts: 6,573 My Photo Gallery Thanks: 30,737 Thanked 22,907 Times in 5,017 Posts Rep Power: 0	Prop 8 has been ruled unconstitutional! More later on whether or not a stay is issued

02-07-2012, 12:18 PM	#5
MsTinkerbelly Timed Out - TOS Drama How Do You Identify?: ... Preferred Pronoun?: ... Join Date: Nov 2009 Location: ... Posts: 6,573 My Photo Gallery Thanks: 30,737 Thanked 22,907 Times in 5,017 Posts Rep Power: 0	BREAKING: Proposition 8 ruled unconstitutional by 9th Circuit panel By Jacob Combs and Adam Bink Prop8TrialTracker.com just received the 9th Circuit’s opinion in Perry v. Brown that Proposition 8, the 2008 voter-enacted ban on marriage equality in California, is unconstitutional. In addition, the appeals panel ruled that the proponents of Prop 8 did have standing to pursue their appeal of Judge Walker’s decision striking down the marriage ban, and upheld District Court Judge Ware’s decision denying a stay to throw out Walker’s ruling because he is gay. The ruling on constitutionality was divided on an 2-1 vote, with Judges Stephen Reinhardt and Michael Hawkins voting to strike Prop 8 down, and Judge N. Randy Smith voting to uphold the ban. The ruling regarding standing and the motion to throw out Judge Walker’s decision was a unanimous 3-0 vote

02-07-2012, 12:37 PM	#6
MissItalianDiva Senior Member How Do You Identify?: Miss Twiggy Preferred Pronoun?: Supercalifragilisticexpialidocious and that shit doesn't sound atrocious! Relationship Status: divorce happens..all that glitters ain't gold Join Date: Nov 2009 Location: SLC Utah Posts: 2,284 My Photo Gallery Thanks: 2,768 Thanked 7,159 Times in 1,793 Posts Rep Power: 21474854	Thrilled to see Prop 8 struck down but pissed the stay is still in place. It should have been lifted with this ruling. The law clearly states the stay can and should be lifted once the ruling was overturned.

02-07-2012, 12:43 PM	#7
MsTinkerbelly Timed Out - TOS Drama How Do You Identify?: ... Preferred Pronoun?: ... Join Date: Nov 2009 Location: ... Posts: 6,573 My Photo Gallery Thanks: 30,737 Thanked 22,907 Times in 5,017 Posts Rep Power: 0	UPDATE 1: From the ruling, p. 80, footnote 27: “The stay pending appeal issued by this court on August 16, 2010 remains in effect pending issuance of the mandate.” UPDATE 2: The National Center for Lesbian Rights’s senior attorney, Chris Stoll, shares his thoughts with us on the next steps of the trial: The stay is still in effect. Footnote 27 the opinion says that the previously issued stay remains in effect pending issuance of the mandate. Mandate issues 7 days after the deadline for filing a petition for rehearing expires, or 7 days after petition for rehearing is denied, whichever is later. I expect that the proponents will ask for a further stay from 9th Circuit, and if that is not granted, they will ask the Supreme Court. It usually takes months for the en banc reconsideration to be completed. If a party asks for en banc review, the request is sent to all of the 20-something active judges on the court. Memos are often exchanged between the judges before a vote takes place on whether to take the case en banc. If they take it, names are drawn for the panel and a whole new series of briefs are usually filed, which takes a few more months. Then they hold oral argument and issue a decision. It is really almost like starting the whole appeal all over again. The losing party has up to 90 days to ask the Supreme Court to take the case. It then usually takes a couple of months at least for the Supreme Court to decide whether to take a case. The party opposing Supreme Court review gets to file a brief saying why the Supreme Court should not take the case, and amicus briefs can be filed on both sides as well. Also, the Court does not do any business from the end of June to September. If all that briefing is not completed before the Court’s summer recess begins, then it will not even consider whether to take the case until it comes back in September