Posts tagged proposition 8

Gay jurist in Proposition 8 case had no legal obligation to remove himself, judge rules - latimes.com ›

A federal judge on Tuesday refused to invalidate last year’s ruling against Proposition 8, deciding the gay jurist who overturned the same-sex marriage ban had no obligation to step aside because of a possible conflict of interest.

The decision by Chief Judge James Ware of the U.S. District Court in San Francisco left the ruling by retired Judge Vaughn R. Walker in place. Walker’s decision remains on hold pending a separate appeal to the U.S. 9th Circuit Court of Appeals.

#proposition 8

#gay marriage

#lgbt

#court cases

#civil rights

Alzheimer's Patient Wants To Marry While He Still Recognizes His Partner ›

Californians Ed Watson and Derence Kernik have been together for 40 years, but Ed has been been diagnosed with Alzheimer’s and the couple is desperately hoping to marry while he can still recognize Derence. In a totally fucking related development, today the American Family Associationdenounced attempts to have the stay on Prop 8 lifted, using the headline, “Patience Is Not A Homosexual Virtue.”

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Heartbreaking. :(

38 notes

#lgbt

#gay marriage

#human rights

#proposition 8

#politics

#wtf

[California] State attorney general seeks resumption of gay marriages ›

Kamala Harris has asked that marriages resume for same sex couples while we await some final results from the Prop 8 fiasco. But the best part of this story is the following:

The president of the Family Research Council, a Washington-based advocacy group that opposes same-sex marriage, said Tuesday it suspected the government was colluding with lawyers in the Proposition 8 case.

Tony Perkins, the group’s president, pointed out that lawyers for the two California couples asked the 9th Circuit to lift its stay just a few hours after U.S. Attorney General Eric Holder announced the administration’s new position on the federal act.

Perkins asked the government to provide records of any contact the Justice Department might have had with the attorneys.

“Even the appearance of collusion between the Department of Justice and litigants is highly damaging to the rule of law in America,” Perkins wrote.

LOL, Tony Perkins!

#lgbt

#gay marriage

#california

#proposition 8

#politics

#court cases

#human rights

#lolz

#they hate the gays

California Supreme Court To Issue Prop 8 Decision Next Week ›

he State Supreme Court have announced that they should have a decision on whether or not they’ll rule on standing by next week. This is getting complicated.. see the details below.

Ok, so here’s where we’re at. The 9th District Court needs to decide on whether or not the defense (prop-Prop8 people) have standing to continue appealing Judge Walker’s ruling without the support of the State. The 9th District doesn’t want to make that decision on their own, so they sent the question to the State Supreme Court for their opinion.

The Supreme Court is saying that by next week they’ll decide on whether or not they will give an answer to the 9th District Court. So their ruling won’t be a ruling on the standing question, but on whether or not they’ll look at the case.

If the Supreme Court says they’ll look at the case, then we’ll wait for them to issue an opinion which the 9th District will use in making their decision. If 9th District then rules that there is no standing, they will dismiss the case and marriage will become legal in California only. If 9th District rules that the defense DOES have standing, then they’ll next decide whether or not Judge Vaughn Walker made the right decision in striking down Prop 8.

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7 notes

#lgbt

#gay marriage

#proposition 8

#california

#court cases

Fiorina invokes Obama in opposition to same-sex marriage ›

Fiorina also suggested she disagrees with the decision made by U.S. District Court Judge Vaughn Walker last month in favor of overturning Proposition 8, a ban on same-sex marriage approved by California voters in 2008.

“Whatever your view about gay marriage, I think many of us would conclude that when voters have such a clear decision, for that decision to be overturned by a single judge seems perhaps not appropriate,” she said.

Fiorina added she supports repeal of “Don’t Ask, Don’t Tell” and is awaiting the Pentagon’s study on the issue due Dec. 1.

In response to Fiorina’s comments, Boxer reiterated her support for same-sex marriage, recalling the 2008 decision of the California State Supreme Court that temporarily extended marriage rights to same-sex couples in the California.

“The only way to get the rights that married couples have is to go for marriage equality,” Boxer said. “And I’m glad to say, I believe people are coming around to seeing it.”

Reason 4,529 why Boxer is better than Fiorina.

1 note

#2010 election

#california

#bbox

#republicans

#gay marriage

#lgbt

#proposition 8

Conservative Group Sues to Force Schwarzenegger and Brown to Defend Prop 8 ›

projectqueer:

A conservative group called the Pacific Justice Institute petitioned the 3rd District Court of Appeal on Monday, seeking to force California Governor Arnold Schwarzenegger and Attorney General Jerry Brown to defend Prop 8 in court, something both have said they will not do.

Pacificjustice According to a press release from the group filing the petition:

The new lawsuit is being filed by Pacific Justice Institute on behalf of Dr. Joshua Beckley, a minister in the Los Angeles area. The lawsuit is called an extraordinary writ of mandate and was filed with the Third District Court of Appeal in Sacramento. The writ asks the court to enforce Government Code Section 12512, which states that the Attorney General “shall defend” the state and its public officials against all legal challenges. At a minimum, the suit argues, this law requires Attorney General Brown to file a one-page Notice of Appeal of Judge Walker’s decision. Otherwise, the Attorney General can effectively veto ballot initiatives by simply refusing to defend them in court.

The lawsuit includes a sworn Declaration from former U.S. Attorney General and legal advisor to Governor Reagan, Edwin Meese III. Meese affirms that neither he nor Governor Reagan refused to defend duly-enacted laws based on personal disagreement with the laws. Former California Attorney General Dan Lungren has also publicly stated his belief that it is the attorney general’s duty to defend all state laws, regardless of his personal feelings or beliefs.

The next logical progression of this thought is that the Obama administration has a duty to defend DOMA, which I can’t accept.

19 notes

#court cases

#proposition 8

#wtf

#california

Whitman: I'd Defend Prop. 8 ›

projectqueer:

California Republican gubernatorial nominee Meg Whitman on Friday told the Sacramento Bee that, if elected, she would defend Proposition 8, which prohibits marriage equality in the state, by appealing a federal judge’s ruling that declared the proposition unconstitutional.

Judge Vaughn Walker overturned Prop. 8 on August 4, but his ruling is now under the consideration of the ninth circuit court of appeals, which has scheduled oral arguments in the case for early December.

At a San Diego press conference on Friday, the Bee asked Whitman, the former CEO of eBay, if she—unlike current California governor Arnold Schwarzenegger and her opponent for governor, attorney general Jerry Brown—would defend the law.

“The issue right now, as I understand is ‘Will Proposition 8 have the appropriate support to actually make an appeal to the circuit court of appeals?’” Whitman answered. “And I think the governor, the attorney general today has to defend the constitution and has to enable the judicial process to go along and has to enable an appeal to go through. So if I was governor, I would give that ruling standing to be able to appeal to the circuit court.”

As if I needed another reason to hate you, Meg.

3 notes

#2010 Election

#california

#politics

#proposition 8

#lgbt

#gay marriage

Fearing Supreme Court Smackdown, Evangelicals Discourage Prop 8 Appeal ›

Maybe we should just let California be the Gay State. That’s the latest thinking of some prominent red-state evangelicals, who fear that appealing California’s recent same-sex marriage ruling to the Supreme Court could backfire, legalizing gay matrimony from sea to shining sea.

Last week, the case for signing over California to the Prince of Darkness was made on American Family Radio by David Barton, a Christian activist who served as vice-chairman of the Texas Republican Party from 1998 to 2006. “Right now, the damage is limited to California only,” Barton noted. But he feared that Supreme Court Justice Anthony Kennedy, the swing vote in an appeal, “will go for California, which means that all 31 states [that have banned gay marriage] will go down in flames.”

I was kind of hoping they wouldn’t think of this… :)

As discouraged as I am by the appeals court overruling Judge Walker, this really makes me smile. Even the homophobes know they’re going to lose. And you know they’re too pigheaded to just let Cali be “the gay state” so it’s gonna keep getting appealed.

#lgbt

#religion

#proposition 8

#court cases

#gay marriage

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