Ruling on Prop 8 stay - Thurs. 8/12

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    Aug 12, 2010 3:16 AM GMT
    SAN FRANCISCO — The federal judge who overturned California's same-sex marriage ban says he is ready to rule on whether gay marriages should resume immediately in the state or await an appeals court's input.

    Chief U.S. District Judge Vaughn Walker said he would issue his decision Thursday by noon on requests to impose a stay that would keep Proposition 8 in effect while its sponsors appeal his decision.

    http://www.huffingtonpost.com/2010/08/11/proposition-8-stay-vaughn-walker-to-rule_n_679466.html
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    Aug 12, 2010 6:50 AM GMT
    jtaustin saidSAN FRANCISCO — The federal judge who overturned California's same-sex marriage ban says he is ready to rule on whether gay marriages should resume immediately in the state or await an appeals court's input.

    Chief U.S. District Judge Vaughn Walker said he would issue his decision Thursday by noon on requests to impose a stay that would keep Proposition 8 in effect while its sponsors appeal his decision.

    http://www.huffingtonpost.com/2010/08/11/proposition-8-stay-vaughn-walker-to-rule_n_679466.html


    At last! I've been looking for when Judge Walker would say if he will stay or not his decision (and if he doesn't see what might happen in the 9th Circuit or SCOTUS).

    Thanks for the info... *Crosses fingers*
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    Aug 12, 2010 5:59 PM GMT
    Live feed from outside City Hall

    http://www.ustream.tv/cbsnews#utm_campaign=www.google.com&utm_source=522594&utm_medium=social
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    Aug 12, 2010 6:11 PM GMT
    Oh man, there talking about something else now. Some bad boy with a green and gold blazer... *shudder*
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    Aug 12, 2010 6:27 PM GMT
    CNN link -- but no sound --

    http://www.cnn.com/video/flashLive/live.html?stream=2
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    Aug 12, 2010 7:47 PM GMT
    Stay has been extended until Aug 18th

    https://ecf.cand.uscourts.gov/cand/09cv2292/files/Final_stay_order.pdf
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    Aug 12, 2010 7:52 PM GMT
    Within four days the stay will be lifted. GREAT!
  • metta

    Posts: 39104

    Aug 12, 2010 8:10 PM GMT
    Listen to the very end...(after 2:20)







    Judge Walker: "Prop 8 supporters had full opportunity to provide evidence in support of their position but failed to present one credible witness."
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    Aug 12, 2010 8:19 PM GMT
    Ah, the hubris of the Yes on 8 people:

    "...Proponents assert they are likely to succeed “[f]or all the reasons explained throughout this litigation.” Doc #705 at 7. Because proponents filed their motion to stay before the court issued its findings of fact and conclusions of law, proponents do not in their memorandum discuss the likelihood of their success with reference to the court’s conclusions. Neither do proponents discuss whether the court of appeals would have jurisdiction to reach the merits of their appeal absent an appeal by a state defendant..."

    In other words, they didn't give the judge any new information. If you read the decision not to extend the stay beyond the 18th, you'll see that, yet again, Judge Walker has crossed all his t's and dotted all of his i's.

    The Yes on 8 people have been pretty condescending to this Judge, I feel. They could at least made an attempt to argue at an intellectual level, instead they said....we already said what we had to say. They did not address his arguments at all.

    What snakes.
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    Aug 12, 2010 8:26 PM GMT
    No work on their part, leads to their downfall.
    sign of weakness beginning on them?
  • metta

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    Aug 12, 2010 11:23 PM GMT
    Better update regarding the Stay:

    http://prop8trialtracker.com/2010/08/12/analysis-of-judge-walkers-decision-on-the-stay-and-whats-next/
  • GQjock

    Posts: 11649

    Aug 12, 2010 11:31 PM GMT
    Here's the LA Times article on the Temporary stay

    http://latimesblogs.latimes.com/lanow/2010/08/prop-8.html
  • metta

    Posts: 39104

    Aug 13, 2010 2:58 AM GMT
    ^
    from the above link:
    "As it appears at least doubtful that proponents will be able to proceed with their appeal without a state defendant, it remains unclear whether the Court of Appeals will be able to reach the merits of proponents' appeal," Walker wrote.



    Gay marriage before nation's largest appeals court

    [QUOTE]

    The judge who overturned California's gay marriage ban was unrelenting in his repudiation of the measure, saying such laws are mean-spirited and unconstitutional to the core.

    It was a harsh yet carefully worded ruling that some experts said would be tough to overturn as the landmark legal debate goes to the appeals court and then possibly to the U.S. Supreme Court. Others say the power of conservative judges on those courts could be enough to thwart gay marriage and stop the movement in its tracks.
    [/QUOTE]


    http://www.mercurynews.com/breaking-news/ci_15745081




    NBC News Clip - reactions : http://player.theplatform.com/ps/player/pds/pMbbiciB82?pid=iNzJEhy_qQew141DrDw9BR2o0YibYtbA


    http://alturl.com/j2khu
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    Aug 13, 2010 3:03 AM GMT
    the deal is, supporters of prop 8 have until 5 pm wednesday the 18th to argue their case against lifting the stay. if they either don't get heard, or lose the appeal, gay marriage becomes legal in california at 5:01 pm that day. the governor and attorney general support that.

    hold your head high, kids. we're on our way toward equality.
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    Aug 13, 2010 3:15 AM GMT
    I have a strong feeling that Prop 8 is (going to remain) dead in the water. I hope I'm right.
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    Aug 13, 2010 3:32 AM GMT
    Fingers crossed for all you guys!

    ( and toes and eyes, too..just keep us away from staircases- it could get messy, lol)

  • Webster666

    Posts: 9217

    Aug 13, 2010 6:45 AM GMT
    The Prop 8 proponents will be appealing to the Ninth Circuit Court of Appeals to get the stay extended until there is a final ruling on Prop 8, which, in all likelihood would be from the U.S. Supreme Court, a year or two from now.

    I fully expect the Ninth Circuit to extend the stay.

    Even if the Ninth Circuit does NOT extend the stay, can't the Prop 8 proponents appeal to the U.S. Supreme Court to extend the stay (which they almost assuredly will do) ?
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    Aug 13, 2010 3:10 PM GMT
    And the gay uncle toms are already crying that this is "Tyranny"
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    Aug 14, 2010 3:50 AM GMT
    Update from
    http://prop8trialtracker.com/2010/08/13/prop-8-scheduling-order-issued/


    Prop 8: Scheduling order issued

    August 13, 2010

    (An important update from one of our resident legal analysts on the next steps regarding the Motion to Stay -Adam)

    Cross-posted at Calitics

    by Brian Devine

    This is an update on the Emergency Motion to Stay that the Prop 8 supporters filed with the Ninth Circuit last night.

    The Ninth Circuit just issued an Order stating that the Plaintiffs' response to the Motion to Stay is due by 11:00 p.m. tonight. The Prop 8 supporters' reply, not to exceed 15 pages icon_biggrin.gif, is due by 9:00 a.m. on Monday, August 16, 2010. This suggests that the Ninth Circuit is preparing to rule on the Motion to Stay before Judge Walker's temporary stay expires on August 18th at 5:00 p.m.

    It's surprising that the Court only gave the Plaintiffs about 9 hours to file their brief, and gave the Appellants until Monday to Reply. But I wouldn't read too much into this. They know that everyone anticipated the Motion and that everyone's briefs are essentially written already.

  • Webster666

    Posts: 9217

    Aug 14, 2010 6:40 AM GMT
    Since my last post, I read something that was very interesting and extremely encouraging.

    Proponents of Proposition 8 are the ones who filed an appeal of Judge Walker's ruling. But, it is very likely that they have no "standing" in the case, which means that they have nothing to gain or lose by bringing the appeal.

    The State of California (the Attorney General and/or the Governor) would have to file the appeal. Yet, both of them have come out in favor of lifting the stay on Judge Walker's ruling.

    Therefore, the Ninth Circuit Court of Appeals could just refuse to hear the appeal, which would mean that gay marriage would be legal at the end of Judge Walker's stay. If I recall correctly, that would be as of 5:00 PM, on August 18, 2010.
    _____________________________________________________
    EDIT:

    Jtaustin, I just read your post. Hopefully, that's all good news. Thanks.
  • Webster666

    Posts: 9217

    Aug 14, 2010 8:35 AM GMT
    (08-13) 18:58 PDT SAN FRANCISCO -- California State Attorney General Jerry Brown filed documents late Friday urging a federal appellate court to allow same-sex marriages to go forward in California on Wednesday, saying there is "overwhelming evidence" that a voter-approved ban on such marriages is unconstitutional.


    Brown's filing was one of several expected to be lodged with the court late Friday saying the marriages should go ahead. Brown, as the state's top lawyer, said he would not appeal Walker's ruling and argued that supporters of the same-sex marriage ban had little likelihood of success on appeal.
  • metta

    Posts: 39104

    Aug 16, 2010 9:17 PM GMT
    Protect Marriage's Final Motion


    http://joemygod.blogspot.com/2010/08/heres-protect-marriages-final-motion.html

    "The final motion has been filed. We may get a ruling from the Ninth by the end of the day today or early tomorrow morning as the Ninth Judicial Conference is set to begin and those guys want to get to Hawaii."
  • metta

    Posts: 39104

    Sep 27, 2010 6:44 AM GMT


    10 States File Opposition To Gay Marriage

    http://www.wkrg.com/raw_news/article/10-states-file-opposition-to-gay-marriage/953217/Sep-25-2010_11-34-am/
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    Sep 27, 2010 7:45 AM GMT
    Gays are not ready to get married. They can't even commit to more than a month relationship. Some long term partners could, but the rest of ya'll just want the right but I bet if it passes the divorce rate is going to be 90+% among gay men.

    Already those who have been married in other states have already divorced.

    Now you got property divisions, income and palimony, all kinds of shit.

    The lawyers are gonna be eating this up for years to come.

    I'm perfectly happy with domestic partnership laws. I personally would never marry another man, ever.
  • Posted by a hidden member.
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    Sep 27, 2010 7:48 AM GMT
    CaliBoySwag saidGays are not ready to get married. They can't even commit to more than a month relationship. Some long term partners could, but the rest of ya'll just want the right but I bet if it passes the divorce rate is going to be 90+% among gay men.


    According to your logic, Lesbians should be allowed to get married.

    Also just because you and even theoretically 90% of gays aren't ready for marriage, it doesn't mean you should fuck up the lives of those 10% who are actually faithful. This isn't about forcing you to marry, this is about giving you the option to marry.