Judge Ware: Judge Walker's sexuality is Non-Issue in the Prop. 8 case

Judge James Ware

The haters believed that Judge Walker's sexuality and relationship played a huge role in his decision over Prop 8. They forced this issue in for a hearing today, hoping to erase his ruling.

Well, that didn't work out so good for them today. The Judge overseeing his mess said that there was no evidence that Walker's sexuality tripped up the Prop 8 case.


A federal judge questioned Monday whether the judge who presided over the Proposition 8 trial had a duty to disclose his same-sex relationship if he did not intend to marry his long-term partner.


U.S. District Chief Judge James Ware said during a court hearing that there was no evidence that retired Judge Vaughn R. Walker ever wished to marry his partner, a physician.


Sponsors of Proposition 8, the 2008 ballot measure that resurrected a ban on same-sex marriage, argue that Walker’s ruling against the marriage ban should be wiped from the books because his long-term relationship created an interest in the outcome of the case.


Ware, who is African American, said the Proposition 8 case was the first to test the need for a judge’s recusal in a case in which the judge is gay. Ware noted that “the same kind of struggle” has affected female judges and jurists who are racial minorities.


“This is the first case where same-sex relationship is the subject for disqualifying a judge, so it is important that we treat it seriously and get it right,” Ware said.

The haters were stupid to do this. They are so desperate to stop gay marriage, it's getting ridic. Just let it go, we will win.

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Prop 8 Supporters want to Overturn Judge Walker's ruling because he got a Man

Haters are going to hate. The Prop 8 supporters are trying their best to keep the hateful law alive.

They want to strike down Judge Walker's ruling because he's gay and he's has a MAN!
Here's the scoop:

Lawyers for Protect Marriage, the coalition of religious and conservative groups that sponsored Proposition 8, however, have not previously raised his sexual orientation as a legal issue.
Protect Marriage general counsel Andy Pugno said that changed when the judge this month told a group of courthouse reporters about his 10-year relationship. The issue is not that Walker is gay, but that his relationship status made him too similar to the same-sex couples who sued for the right to marry, Pugno said.

"We deeply regret the necessity of this motion. But if the courts are to require others to follow the law, the courts themselves must do so as well," Pugno added.

Walker said at the time that he did not consider his sexual orientation to be any more a reason for recusal than another judge's race or gender normally would be.
They need to quit this show and stay out of Judge Walker's private business. I'm sure he was fair and true to the case. Their silly attempts to stop the inevitable is tired and desperate.

Let justice be, haters.

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Cali-Cal's AG Kamala Harris files a letter to Lift Stay on Marriages

California attorney general and diva,  Kamala Harris has filed a letter with the 9th circuit U.S. court of appeals to put gay marriage back on the playing field in Cali-Cal.

In arguments filed with the U.S. 9th Circuit Court of Appeals, Harris asked the court to lift a hold on a federal court order directing the state to permit gays to marry. U.S. District Judge Vaughn R. Walker, who served on the bench in San Francisco, ruled that the marriage ban violated constitutional rights to due process and equal protection.
Harris' argument follows a decision by the California Supreme Court to consider a question in the case that could put off a final resolution in the 9th Circuit for more than a year.
"For 846 days Proposition 8 has denied equality under law to gay and lesbian couples," Harris told the court. "Each and every one of those days, same-sex couples have been denied their right to convene loved ones and friends to celebrate marriages sanctioned and protected by California law."
The federal appeals court recently asked the California Supreme Court to rule on whether the proponents of Proposition 8 have legal standing to defend the initiative in court when state officials refuse to do so. Last year, Attorney General Edmund G. Brown Jr. opposed imposition of the stay, pending appeal.
Do it, girl!

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CNN's Jefferey Toobin gives another view to the Prop 8 Stay

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Appeals Court Stay is NOT a Big Loss

The 9th Circuit Court granted the stay on Judge Walker's decision. And the gay world almost blew the frak up!

But y'all know me, I don't jump the fence that easily. I knew this could happen, most legal peeps said it would.

But should we be worried? Maybe not, here's an interesting point of view from Ari Ezra Waldman, legal expert.

The Ninth Circuit is fast-tracking the appeal in this case. The three-judge panel should hear arguments in San Francisco in the first week of December. That may sound more like the glacial pace of a snail hitching a ride on the back of a turtle, but in a system where regularly scheduled appeals can take more than a year to be calendared for oral argument, this schedule is Bugs Bunny fast.
The court’s order specifically asked both sides to address the issue of standing.
Standing is a fancy legal word for the right to appeal. And, in this case, there is a substantial question as to whether the Prop. 8 proponents have standing to appeal to the Ninth Circuit.
Normally, the only party that has the right to appeal is the party that was hurt by the lower court’s ruling – namely, when a party has to pay a sum of money or stop violating a law or, in this case, start issuing marriages licenses to same-sex couples.
But, the State of California issues marriage licenses, not a group of anti-gay marriage advocates and citizens. Since Gov. Arnold Schwarzenegger and Attorney General Jerry Brown opposed the stay and do not want to appeal Judge Vaughn Walker’s ruling, the parties left to appeal are those not affected by Judge Walker’s order.
The Ninth Circuit is clearly curious about this problem, as well. The judges are wondering how someone not covered or affected by an order have the right to appeal that order.

And
This appeal is just one in a series of steps necessary to win marriage equality rights. While it may be frustrating to wait to exercise our fundamental rights, we are not just in this fight for California.
If this case ended with Judge Walker’s order, we would have marriage equality in California, but it would be of limited precedential weight across the country. Having the imprimatur of an appellate court or, ultimately, the U.S. Supreme Court, will do more to advance the cause of marriage equality than one district court order.
This is a battle. Instead of wasting energy ranting and raving, let's prepare for the long haul. Freedom isn't Free.Source URL: https://americanendeavor.blogspot.com/search/label/Federal%20Prop%208%20case
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READ Jerry Brown's Opposition to Protect Marriage's Desperate Emergency Motion

CA9Doc-8

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WATCH Yesterday's Prop 8 Stay Decision Excitement in San Fran

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Interesting Quote: Brian Brown

"When a lower judge makes an unprecedented ruling, that totally overturns existing Supreme Court precedent, the normal thing for that judge to do is to stay his decision, and let the higher courts decide in an orderly fashion that respects the rule of law, if he's right, or if he's way off-base. Judge Walker's ruling is more evidence he is not a neutral referee, he's an activist on this issue. He doesn’t even want his ruling ignoring Supreme Court precedent and imposing gay marriage against the expressed wishes of the electorate appealed to the Ninth Circuit. Walker feels that that only the state politicians who were against Prop 8 have standing to appeal and the over 7 million California voters who supported Prop 8 shouldn’t be able to even present their position to a higher court. It’s outrageous. The People are supposed to be sovereign, not the politicians. This stay order will be appealed to the Ninth Circuit and if necessary to Justice Anthony Kennedy, and I think it is a tactical mistake on Judge Walker's part to display his injudicious zeal--once again--before Kennedy's eyes."


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Judge Walker has denied a stay in the Prop 8 decision!!!!

Judge Walker has denied a stay in the Prop 8 decision!!!!

Folks can get MARRIED!!
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Prop 8 Stay Decision LIVESTREAM

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WATCH Maggie Gallagher talk about Judge Walker

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Rep. Michele Bachmann Disapproves Judge Walker's Decision

This is a mess.


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Question of the Day: Gay Marriage Edition

After Judge Walker announced his ruling, I started to wonder... Should we be able to marry now?

I think so. We are protected by law and until someone says otherwise, we should be free to be... married that is.

So I ask, y'all... Should be able to get legally married now in California?

Holla Back


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WATCH David Boies put the Smackdown on Tony Perkins

Tony, you are clearly ridiculous!
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WATCH Ted Olson Defend the Prop 8 Decision on Faux News Sunday

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READ Attorney General Jerry Brown's Motion

2010.08.06 AG. Opp to Def Mtn for Stay Source URL: https://americanendeavor.blogspot.com/search/label/Federal%20Prop%208%20case
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Jerry Brown and Arnold Schwarzenegger filed a motion for No Stay on the Prop 8 Decision

It's moving along, folks!

No Stay on the Prop 8 ruling!!!

SF Weekly has the story:

Attorney General Jerry Brown has filed a motion with Judge Vaughn Walker requesting that no stay be placed on the ruling overturning Prop. 8. If Walker lifts the current stay, it would lead to a brief period of legalized same-sex marriage until the 9th Circuit Court of Appeals officially takes the case and imposes its own stay. "As the Attorney General has consistently stated and as was convincingly demonstrated at trial, Proposition 8 violates the Fourteenth Amendment of the United States Constitution," reads Brown's motion. "Defendant-Intervenors thus cannot demonstrate a likelihood of success on the merits in their appeal of this Court's Order." Brown's motion was filed moments before Gov. Arnold Schwarzenegger's -- which also argued against continuing the stay.
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WATCH Poor Maggie Gallagher get Upset about Prop 8

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Sound Off: Prop 8 Edition

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Prop 8 Rallies in Los Angeles Pics

I went to both Prop 8 rallies in Los Angeles. And it was EXCITING!

But traffic from WeHo to Downtown L.A. was crazy!
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