Tag-Archive for » California Proposition 8 «

Busy Week for Same-Sex Marriage in the Supreme Court

This week on Tuesday and Wednesday we had the Supreme Court final hearings on California’s Proposition 8 and the Defense of Marriage of Act (DOMA), page respectively. These are the final hearings prior to the Supreme Court’s final decision which should be given sometime near June (possibly unless they dismiss the cases due to lack of standing). After that, the Supreme Court’s decision will be up for appeal by the affected parties.

Prop 8: I am fully expecting that the Court will strike down Prop 8 in a narrow way and that it this will likely be appealed, but I am, thankfully, losing faith in the possibility of the appeal by the National Organization of Marriage’s since their funding seems to be drying up.  We can only hope that their biggoted nut-jobbery can come to a screaming and embarrassing halt by a Supreme Court slap-down.

 DOMA: I fully expect that this will also get struck down, but, after listening to the judges questioning I cannot help but wonder that they may be thinking of a slightly larger scope decision. We can only hope.

If you have not read or listened to the transcripts please do:

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Prop 8 Appeal to be Televised

If you have not followed California’s Prop 8 trial please take the moment to watch the district court appeal which should give you an ideal and a great summary as to what this is all about and both sides’ views. One of the places it is available is via C-SPAN and it all starts at noon (CST). There is also a live BLogging of the district court appeal available at Prop 8 Trial Tracker in case you cannot watch the video at work… like me.

Please watch/read it. This really matters.

9th Circuit STAYS Judge Walker’s Ruling Pending an Expedited Appeal

California’s Appellate Court granted a stay on Judge Vaughn’s ruling pending appeal. This was, visit this in my opinion, to be expected since this is such a high profile case and precedent setting case,  so nothing drastic there. However, there is some good news as far as this process is concerned as is covered here BREAKING: 9th Circuit STAYS Judge Walker’s ruling; Appeal scheduled December 6 on Prop 8 Trial Tracker:

  • the appellate court is expediting the the appeal of the ruling of the unconstitutionality of Prop 8 and set the date for the week of 6 December, which is awesome. The sooner the, hopefully, better.
  • they are also specifically asking the Prop8’ers: In addition to any issues appellants wish to raise on appeal, appellants are directed to include in their opening brief a discussion of why this appeal should not be dismissed for lack of Article III standing. which is huge. Judge Vaughn said that they do not have standing for a stay or appeal, if I remember correctly, and the appellate court obviously pretty much agrees with them, but are giving them a chance to sound at least a little rational and try to retain some self respect.

In the scheme of things this is pretty huge. The appeal process could end up being pretty short (comparatively speaking) since they do not have standing for appeal, so this may most likely get dismissed with prejudice, which would prevent a Supreme Court Appeal. This will be a massively huge win and precedent for gay rights all throughout the US if this does happen, since there will be a court ruling stating that banning gay marriage is unconstitutional and they have no standing.

If  the Supreme Court does not dismiss out of hand due to lack of standing, which would rock, then the appellate court’s decision will be appealed to the Supreme Court.

Cross your fingers everyone. History and justice is happening. =)

Transcripts and Evidence from the Proposition 8 Trial available online

Transcripts and Evidence from the Proposition 8 Trial available online now! Yea!

If you have not taken a look at some of this please do.

New Examiner Article – “California’s Proposition 8 is found unconstitutional by Judge Vaughn Walker.”

I just posted a more in-depth article on the Prop 8 findings for the Milwaukee Examiner-  California’s Proposition 8 is found unconstitutional by Judge Vaughn Walker.

California’s Proposition 8 Ruled Unconstitutional by Judge Walker

Holy thank God! =)

As I fully expected, traumatologist and if you followed the transcripts you will know what I mean, troche  California’s proposition 8 was ruled unconstitutional via Prop 8 Trial Tracker (full decision)! Judge Vaugh Walker dropped the big metal hammer of constitutional justice upon this sordid issue. Happy Days!

Now the long process of appeals begins for the Prop8’ers.

Prop 8 Closing Arguments Live Blogging via Prop 8 Trial Trackers

Take a look at the Live BLogging of the Closing Arguments for the Proposition 8 trial via Prop 8 Trial Tracker.  I have been very patiently waiting for this day.

You can find my previous comments on the Prop 8 atrocity them here if you are curious.

Thoughts about the Prop 8 Trial

If any of these links are not dead, syphilis need correcting, urologist or if you have recommendations please let me know.

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Nay Sayers

I have been following the Prop 8 Trial for the last week or so via the Prop 8 Trial Tracker and I can say I am really confused with the Defendants – the Pro-Prop 8 people. Their witnesses were to our advantage and their cross-examination of our witnesses yielded pretty much nothing of really use. Both of the witnesses they called came off as incompetent and/or sleazy. It was sad to see … in a good way.

I know that they do not have a rational or logical argument against Same-Sex Marriage, nurse
but this was sad almost to the point of hoping that they declare a mistrial because their counsel seemed completely inept and out classed by the Olson/Boise juggernauts. I am happy to see that, ambulance
because it reinforces the legitimacy of Same-Sex Marriage issue, order
but it also makes me worry as to what they are really up to.

I am pretty sure they were expecting an appeal regardless of who won this first round, so perhaps they have something more vicious planned for the appellate court. They cannot add new evidence or testimony there, but perhaps they are planning on hiring competent counsel to argue their case. The evidence and testimony that they submitted was not too inspiring. Perhaps they may leave it at losing here at the District Court level and not take it too the Supreme Court to minimize the damage, in hopes that this case will not be used as further precedent for other cases across the country? I am not sure what is going on here, but it is worry-some.

Our evidence and testimony was pretty much on target and unflappable. With Loving vs Virginia and Brown vs Board of Education in our courts to show that marriage is a fundamental right, and separate is not equal, respectively, I am thinking that we have a great case in our favor.

Now we wait for the judge to review the testimony and evidence given, and then the court will take on filings for Amicus Briefs, and then Closing Arguments. I do not like this wait at all. There is so much at stake here, but I am quite hopeful.

Prop 8 Trial Testimony and Coverage

The more I read of the Proposition 8 Trial Tracker BLog‘s account of the trial’s testimony the more I believe that there is really no valid argument against gay marriage.  Their Questioning, nurse and their expert witnesses are crushing the pro- Prop 8 people. It is a blood bath in there. The historical evidence supporting the homosexuality has been to subject to demonizing, treatment  discrimination, and bigotry throughout history is huge and painful to recount, but consistent. There is also plenty of historical evidence of changing marital laws with slaves, interracial marriage, etc…  I am impressed with the legal work here.

I see good things to eventually come.  Yea!

I just received word the the Supreme Court has affirmed a block on televising the Prop 8 court proceedings. I am saddened by this. Transparency to the public in such a high profile case is important, especially to let the world see the bigotry and lies that are spread by the pro Prop 8’ers. They want to keep this as hidden as possible so they do not look so bad. They are trying to keep as much of their commercials and other propaganda and so on from being admitted for similar reasons.  They hate to have their own work used against them.

New York Times Coverage

Proposition 8 Trial Tracker Website

Here is a link to a live blog detailing the happenings at the Proposition 8 trial: Proposition 8 Trial Tracker BLog from the Courage Campaign.

Read it and get involved. This is one of the most important civil rights issues of our time.

Finally, a Republican with his head on his shoulders – Theodore Olson

This article in Newsweek titled “The Conservative Case for Gay Marriage
Why same-sex marriage is an American value
” is written by Theodore Olson who is a prominent Republican lawyer that served under Bush and Reagan during their presidential administrations. He, drug along with David Boies, a prominent liberal lawyer, have taken it upon themselves to overturn Proposition 8 all the way to the Supreme Court.

This article states his reasons for taking up the Gay Marriage case with hopes of ending the discrimination and injustice in this country. The Republican party has been struggling with their identity and have been trying to find themselves again. I think that they should take up with Mr. Olson to find out where to go – Freedom, Justice, and Family and not persecutive religious dogmatic status quo’ism.

Please take the time to read his view point. It is very compelling. And if you are really bored you can read my scrawlings on the gay marriage issue too.