Judge Ware Rejects Motion to Vacate Judge Walker’s Ruling

Judge Ware denied the haters' claim that Judge Walker was biased on the Prop 8 case.

He said:

"It is not reasonable to presume that a judge is incapable of making an impartial decision about the constitutionality of a law, solely because, as a citizen, the judge could be affected by the proceedings," U.S. District Judge James Ware wrote in his ruling Tuesday.
Here's the ruling
798

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NCLR Executive Director Kate Kendell speaks on Yesterday's Prop 8 Case

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The Ninth Circuit has Denied the Motion to resume gay marriages in California

In Cali-Cal, we will have to wait for Gay marriages. The motion to lift the stay was denied.

This morning, the Ninth Circuit Court of Appeals denied a motion to vacate the stay pending appeal.
Federal Judge Vaughn Walker ruled last year that Proposition 8 was unconstitutional and ordered that same-sex weddings be allowed to resume. 

That decision was appealed to the Ninth Circuit, where the case is tied up on a legal question the panel asked the California Supreme Court to rule upon: Do Prop. 8 sponsors have legal standing to defend the law in court when the state will not.

The order was filed by judges Stephen R. Reinhardt, Michael Daly Hawkins and N. Randy Smith.
The order says: “Having considered all of the factors set forth in Nken v. Holder, 129 S. Ct. 1749, 1756 (2009), and all of the facts and circumstances surrounding Plaintiffs’ motion to vacate the stay pending appeal, as well as the standard for vacatur set forth in Southeast Alaska Conservation Council v. U.S. Army Corps of Engineers, 472 F.3d 1097, 1101 (9th Cir. 2006), we deny Plaintiffs’ motion at this time.”
More to come.

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Prop 8 Supporters Try to go around President Obama's DOMA Stance

The lawyers for the Haters are ignoring President Obama's stance on DOMA, saying that it has no bearing on a California case.

Here's what they are trying to do

As a result, the attorneys are urging a federal appeals court to keep blocking same-sex unions while it considers the constitutionality of the ballot measure known as Proposition 8.


The lawyers said in court papers filed Monday that the rationale for keeping the voter-approved ban in effect is the same now as it was last summer, when the 9th U.S. Circuit Court of Appeals put a trial judge's order overturning Proposition 8 on hold.


Lawyers for two gay couples are asking the 9th Circuit to let same-sex marriages resume in California.
Good grief.

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NOM's responds to the 9th Circuit Court Ruling

Judge Walker gave the 9th Circuit Court of Appeals just 6 days to decide whether or not to overrule his order requiring the immediate issuing of marriage licenses to gay couples. Today the 9th Circuit, one of the most liberal in the country, stepped in to overturn that order, issuing a stay on implementing Judge Walker's ruling while it is appealed. Another smackdown of Judge Walker by an Appeals Court.

The knotty question of "standing" remains in play, however, since Governor Schwarzenegger and Attorney General Jerry Brown have both failed in their duty to defend the voters who passed Prop 8--and Judge Walker kept Imperial County (which opposes same-sex marriage) from intervening in the case (while allowing San Francisco to become a party).
Here's the question for today: If anti-Prop 8 lawyer Ted Olson is so convinced that after his vaunted trial the voters of California have no case--why is he now trying to prevent higher courts from reviewing his handiwork?

The judicial bias has been extraordinary, as once again powerful elites attempt to frustrate the manifest will of the people of California. This fight will continue!

Don't get too excited, slags!Source URL: https://americanendeavor.blogspot.com/search/label/Federal%20Case%20for%20Prop%208
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Court says: No gay marriages in California before December

Hot news on the Prop 8 case.

Now, gay marriages are on hold until December

L.A. Times reports

The U.S. 9th Circuit Court of Appeals on Monday agreed to keep same-sex marriages on hold until at least December.
In a brief order, a three-judge panel agreed to an expedited review of U.S. District Judge Vaughn R. Walker's Aug. 4 ruling that overturned Proposition 8 as a violation of the federal Constitution.
The panel agreed to hold a hearing on the case during the week of Dec. 6 and ordered both sides to present arguments on whether the campaign for Proposition 8 has legal authority to appeal Walker's order.
Okay, not cute; but at least the Prop 8 was overturned.Source URL: https://americanendeavor.blogspot.com/search/label/Federal%20Case%20for%20Prop%208
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Here's the Prop 8 Ruling

Final Stay Order

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Will Prop 8 stay or go? Judge Walker will deliver his decision TODAY!

Today Judge Walker will decide if his Prop 8 decision stay or hits the door.

The Advocate reports:

U.S. district judge Vaughn R. Walker will issue a Thursday morning ruling on whether to stay a decision in the Proposition 8 federal case pending appeal, according to a late Wednesday e-mail from the court. The ruling will be issued between 9 a.m. and noon Pacific time.
If Walker rules against the stay, the state of California will presumably allow same-sex couples to wed once again. Such unions have been illegal since voters in the state passed Prop. 8 in November 2008.
Let's hope for the best!

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Rachel Maddow addresses The Obama/Prop 8 dilemma

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Protect Marriage filed an Appeal on the Prop 8 Decision

You knew this was coming... Protect Marriage has filed appeal on the Prop 8 decision.

Supporters of California's gay marriage ban filed an appeal Thursday of a federal judge's ruling striking down the voter-approved law. The appeal to the 9th U.S. Circuit Court of Appeals was expected, as lawyers on both sides of the legal battle repeatedly vowed to carry the fight to a higher court if they lost.

On Wednesday, a federal judge in San Francisco overturned California's Proposition 8, which restricts a marriage to one man and one woman. U.S. District Court Judge Vaughn Walker ruled the law violates federal equal protections and due process laws.

The 9th Circuit court has no deadlines to hear the case, which will be randomly assigned to a three-judge panel. It's expected that the panel will order both sides to submit written legal arguments before scheduling a hearing.

The appeal was filed by Protect Marriage, a coalition of religious and conservative groups that sponsored Proposition 8 and wound up defending it after California Gov. Arnold Schwarzenegger and Attorney General Jerry Brown refused.
That's a group to attack. CA GetEQUAL, go get them.

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Interesting Quote: Brian Brown

“Big surprise! We expected nothing different from Judge Vaughn Walker, after the biased way he conducted this trial. With a stroke of his pen, Judge Walker has overruled the votes and values of 7 million Californians who voted for marriage as one man and one woman. This ruling, if allowed to stand, threatens not only Prop 8 in California but the laws in 45 other states that define marriage as one man and one woman. Never in the history of America has a federal judge ruled that there is a federal constitutional right to same sex marriage. The reason for this is simple – there isn’t!”

Aww, poor Brian.


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Rachel Maddow on Prop 8

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