An LGBT Law Expert's Take on Tuesday's Prop. 8 Decision.
Prop 8 Hearing to Be Broadcast? A court hearing next week over whether video of the 2010 Proposition 8 trial in San Francisco should be unsealed may itself be broadcast.
The Associated Press reports that U.S. district chief judge James Ware notified attorneys in the case that he would like to record Monday’s proceedings on the matter. La cour suprême de Californie se penche sur Prop 8. Il y a un mois, la cour d’appel du 9e circuit de San Francisco, saisie par les partisans de la Proposition 8, qui a refermé le mariage aux couples de même sexe, s’était tournée vers la cour suprême de Californie afin qu’elle l’aide à décider si les plaignants étaient habilités à faire appel, et donc, dans les faits, à se substituer à l’État de Californie dans cette affaire.
La cour suprême vient de décider de se pencher sur la question. Ce qui a pour effet de retarder encore la décision de la cour d’appel, puisque les juges auront trois mois à compter des plaidoiries (fixées en septembre) pour rendre leur jugement. “Il y a plus de six mois, la cour fédérale a jugé de façon claire que Prop 8 était anticonstitutionnelle et que chaque jour où elle restait appliquée causait des dommages graves aux couples gays et lesbiens et à leurs familles, a déclaré Chad Griffin, d’American Foundation for Equal Rights (Afer), qui soutient, notamment financièrement, la plainte contre Prop 8. 9th Circuit Wants Help With Prop. 8. The ninth circuit court of appeals is asking the California supreme court to advise on whether antigay groups have standing to appeal a federal judge's decision that struck down Proposition 8.
In documents released on the ninth circuit's website, the federal appeals court indicates it isn’t certain if groups like Protect Marriage have standing to pursue an appeal, since the current governor and attorney general of California are declining to defend the initiative, which narrowly passed in November 2008. Both Gov. Jerry Brown and Atty. Gen. Kamala Harris support the August 2010 ruling of Vaughn Walker, which declared the antigay measure unconstitutional (the previous governor and attorney general, Arnold Schwarzenegger and Jerry Brown, respectively, took the same position). Prop. 8 Supporters, Foes Watch Hearing. Court Hearing Prop. 8 Appeal. A federal appeals court in San Francisco is set to hear arguments in the case of Proposition 8, one of the most contentious and hard-fought legal battles in the history of marriage equality.
Arguments before the U.S. court of appeals for the ninth circuit will begin today at 10 a.m. pacific time. Unlike the trial in the case, Perry v. Schwarzenegger,the appeal proceedings will be nationally televised (Advocate.com will carry a live feed). Prop. 8 Has Its Day in Court—Again. Charles J.
Cooper, lead attorney for the stakeholders who funded, organized, and eventually celebrated the passage of California’s Proposition 8, tried to strike a tone of civility — if not a little victimhood for his clients — directly following the historic oral arguments Monday in Perry v. Scharzenegger before the U.S. court of appeals for the ninth circuit. “I want to pay our respects to our opponents in this case, who have presented their case with skill and sincerity,” said Cooper, a Ronald Reagan appointee for assistant attorney general for the office of legal counsel, in a post-argument press conference in San Francisco. But then he added, “I regret in all candor that our opponents do not return that respect, to the arguments and the positions that those of us defending the constitutionality of Proposition 8 have advanced, but rather have seen fit to demean and ridicule those arguments.”
Three-Judge Panel Chosen in Prop. 8 Appeal. The U.S. court of appeals for the ninth circuit on Monday announced the three-judge panel that will hear oral arguments in the Proposition 8 appeal next week.
The San Jose Mercury News reports that the appellate panel — composed of judges Stephen Reinhardt, Michael Daly Hawkins, and N. Randy Smith — is ideologically diverse. Judge Reinhardt, an appointee of President Jimmy Carter, is a staunch liberal known for controversial decisions, including a 2002 case which struck down the words "under God" in the Pledge of Allegiance as violation of the separation of church and state. Proposition 8 panel a blend of federal judges from different backgrounds.
Posted: 05/02/2012 10:35:42 PM PDT0 Comments|Updated: about a year ago Congratulations!
You found a link we goofed up on, and as a result you're here, on the article-not-found page. That said, if you happened to be looking for our daily celebrity photo gallery, you're in luck: Also, if you happened to be looking for our photo gallery of our best reader-submitted images, you're in luck: So, yeah, sorry, we could not find the Mercury News article you're looking for. The article has expired from our system. What next? You may also want to try our search to locate news and information on MercuryNews.com. Prop. 8 Appeal Set for December 6. The U.S. court of appeals for the ninth circuit will hear oral arguments in the federal challenge against California's Proposition 8 on December 6 at 10 a.m. in San Francisco, the court announced Thursday.
The members of three-judge panel who will hear arguments have not yet been announced. Earlier this week, attorneys representing the two gay couples who sued the state after they were denied marriage licenses filed their brief to the appeals court, arguing that while Prop. 8 was promoted in media campaigns by anti-marriage equality forces to protect children, "its unmistakable purpose and effect is to isolate gay men and lesbians and their relationships as separate, unusual, dangerous, and unworthy of the marital relationship.
" U.S. district judge Vaughn R. Even Vaughn Walker Is Rolling His Eyes At Yes On 8's Appeal. Formal Prop. 8 Appeal Filed. Marriage equality foes jumped at the chance to appeal Judge Vaughn Walker's decision striking down Prop. 8 and formally filed an appeal Thursday morning.
If accepted, the case will head to the ninth circuit court of appeals, which has no deadlines to hear the case, according to KTXL in Sacramento. A three-judge panel will be chosen at random to decide the appeal; they will likely ask for written arguments from both sides before scheduling a hearing. Prop 8's Supporters File 134-Page Appeal That's Basically An Attack On Judge Vaughn Walker. Nope, that “citizen of the State of California” Robert Wooten isn’t the official representative of Prop 8′s supporters in the Perry trial.
The actual defendant-intervenors are the good folks at ProtectMarriage.com and their friends at the completely rational Alliance Defense Fund, who had until midnight to file an appeal to Judge Vaughn Walker’s ruling declaring Prop 8 unconstitutional. And they did just that — with three hours to spare! The 134-page filing, of which 17 pages are line-by-line references to state statutes and other minutiae, says “all the evidence” presented in front of Walker — described as “egregiously selective and one-sided” — that “overwhelmingly acknowledg[ed] responsible procreation and child-rearing as the animating purpose of marriage” was “simply ignored,” and thus they should totally get to appeal this bad boy.
The plaintiffs, backed by the American Foundation for Equal Rights, have until next month to file their responses. Full filing here: Prop 8's Losers File Formal Appeal. Californie: les opposants au mariage homo font appel.
Appel non suspensif ? Stay. Recevabilité de l'appel ?