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08 Feb 2012 20:23

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Politics: Big successive days for marriage equality movement

  • yesterday A three-judge panel of the 9th Circuit Court of Appeals struck down California’s Proposition 8, the gay marriage ban which voters approved in 2008. As we noted, the ruling didn’t endorse same-sex marriage as a right, but said voters had no rational reason to prohibit it; a step forward regardless.
  • today Washington’s state legislature passed, by a vote of 55–43, a bill that legalizes same-sex marriage. The bill will almost assuredly face a legal challenge by opposing advocacy groups, but Democratic Governor Chris Gregoire will likely sign it into law at some point during the next week. source
Posted by Chris Tognotti • 0 Comments • Permalink


08 Feb 2012 02:00

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Politics: “Judge Reinhardt wrote his opinion for an audience of one: Justice Kennedy”

  • Judge Reinhardt does not hold there is a right to same sex marriage, only that CA had no rational reason to take away the label of marriage for use by gay and lesbian couples after the state had had already given it. By crafting the argument in this way, and making the case that the only reason for passing Prop. 8 was anti-gay animus, Judge Reinhardt has given Justice Kennedy a way to decide the case without embracing a major holding recognizing a right to same sex marriage generally.
  • Rick Hansen • Regarding the nature of the 9th Circuit Court’s ruling on Proposition 8 earlier today. Hansen is suggesting that Judge Reinhardt cast the ruling in an intentionally narrow sense so as to make it easier for Justice Kennedy, the Supreme Court’s most notorious swing voter, to uphold it on appeal. The distinction we made earlier could thus affect the future of gay marriage in California. In short, court rulings often possess a strategic, as well as a legal, foundation. source
Posted by Seth Millstein • 0 Comments • Permalink


05 Jan 2012 10:13

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U.S.: Iowa judge favors married same-sex couple in birth certificate case

  • cause The Iowa Department of Public Health told a married same-sex couple they couldn’t put both their names on their child’s birth certificate.
  • reaction The couple sued, saying it went against a 2009 decision by the Iowa Supreme Court that legalized same-sex marriages.
  • result A district court judge ruled in favor of the couple, scolding officials for not interpreting older laws in light of the 2009 decision. source
Posted by Ernie Smith • 0 Comments • Permalink


04 Oct 2011 15:12

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Politics: House GOP triples budget to fight same-sex marriage

  • $1.5 million in funding to prevent gays from marrying source
  • » Don’t forget, this is taxpayer money, allocated by House Republicans to their legal counsel to defend DOMA in court. It was originally capped at $500,000, but that limit has since been tripled.
Posted by Seth Millstein • 0 Comments • Permalink


30 Aug 2011 22:53

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Politics: Why to be careful when blocking judicial nominations

  • cause Back in May, Goodwin Liu’s nomination to the 9th Circuit Court was blocked by Republicans, due in part to his support for same-sex marriage.
  • effect Liu is now on track to be seated on the California Supreme Court instead–and will likely be confirmed in time to hear the case to repeal Proposition 8. source
  • » One note: Goodwin Liu has publicly opposed Proposition 8 in the past, so if he ends up hearing the case, supporters of the law will likely ask that he recuse himself. But that doesn’t mean he has to.
Posted by Seth Millstein • 0 Comments • Permalink


01 Dec 2010 22:01

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U.S.: Illinois set to allow same-sex civil unions! Hoo-ray!

  • This will be the entry to a slippery slope. The next thing we’ll see will be consideration of gay marriage.
  • Illinois Republican state representative Ron Stephens • Stating the obvious about the state’s move to allow civil unions, as if that’s going to stop it from getting signed into law. We’d like to congratulate Illinois for making the move to be the second state to allow civil unions and the seventh to allow gay marriage or civil unions – eighth if you count Washington D.C. Another seven states allow domestic partnerships that give varying degrees of rights. (On an unrelated side note, our source link is using this awesome new highlighting feature that the New York Times introduced today. Check it out. It’s futuristic.) source
Posted by Ernie Smith • 0 Comments • Permalink


29 Sep 2010 21:55

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U.S.: My work is done here: Prop. 8 judge Vaughn Walker retiring

  • He’s only going to be remembered for that one case. Vaughn Walker had a long career as a judge in California, but it’s a decision he made in August that made him famous. Walker, the chief judge of the Northern District of California, struck down Proposition 8 using a tightly-written decision that law scholars are going to be reading for decades to come. Walker’s second act? He doesn’t have one. He’s retiring at the end of the year. Might as well go out on top. Bravo, dude. Have fun playing golf. source
Posted by Ernie Smith • 0 Comments • Permalink


 

17 Aug 2010 21:44

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Politics: Prop 8 trial: Could procedure prevent a landmark decision?

  • Judges are human beings. If there is an easy way out, most people will look for it. And this would be an easy way out for the judges.
  • George Washington University Law Professor Alan Morrison • Regarding the possibility that the Ninth Circuit Court of Appeals, and later the Supreme Court, could use a distinction known as “standing” to allow gay marriage in California but invalidate the right of the supporters to represent the case for the state of California. The reason why this would be appealing? It wouldn’t allow a broader decision on gay marriage throughout the country. It would be a partial victory for those who support gay rights, rather than the one they really want. source
Posted by Ernie Smith • 0 Comments • Permalink


16 Aug 2010 20:09

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U.S.: Gay marriage will have to wait for anti-Prop. 8 Californians

  • what An appeals court blocked gay marriages from taking place after lower court judge Vaughn Walker said they could. So they’ll have to wait for now.
  • why The court appeared to agree with pro-Prop. 8 lawyer Charles Cooper’s take – that allowing them could cause  “irreparable harm” to the trial. source
Posted by Ernie Smith • 0 Comments • Permalink


06 Aug 2010 11:58

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Politics: And here’s a pretty depressing quote to add to the mix

  • The president does oppose same-sex marriage, but he supports equality for gay and lesbian couples, and benefits and other issues, and that has been effectuated in federal agencies under his control.
  • Top White House adviser David Axelrod • Saying – somewhat unbelievably – that Obama still opposes gay marriage. Wasn’t this supposed to be the president that was going to stand up for gay rights? What the hell kind of standing up is that? While Obama opposed Prop 8, according to Axelrod (because it was “mean-spirited”), that still doesn’t take back the fact that the president has provided lip service and little else to the gay rights movement. Yes, it’s a political football. Yes, it’ll be hard to deal with among certain bases. But how can he, at this point, not support gay marriage? Unbelievable. source
Posted by Ernie Smith • 7 Comments • Permalink


 
 
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