Prop 8 possibly Heading to the Supreme Court

 The rehearing of the Prop 8 case was denied by the 9th Circuit Court of Appeals 

AFER reports:

AFER’s federal constitutional challenge to Proposition 8 is now entering its final stage. The Ninth Circuit Court of Appeals decided today it will not rehear our case. Now, there are only two things that could happen:

1. Couples start getting married again in California; or
2. Our case for marriage equality goes to the U.S. Supreme Court

And now it looks like the case is going to the Supreme Court

Supporters of the 2008 ban, Proposition 8, have lost two rounds in federal court but have made clear they will appeal to the U.S. Supreme Court and hope for a favorable response from the conservative-leaning court.

The top U.S. court could agree to hear the matter in the session beginning in October, putting it on track to decide the case within a year.

"We're not end of the line yet, but we are vastly closer," said Theodore Olson, an attorney for the two gay couples challenging the ban.

An attorney for the ban supporters said that his team was preparing for the next round. "We will promptly file our appeal to the nation's highest court and look forward to a positive outcome on behalf of the millions of Californians who believe in traditional marriage," Andrew Pugno said in a statement.

Exciting times! 

What Happened During the Prop 8 Hearing Today?

This morning, the California Supreme Court heard both sides of the Prop 8 case. A lot was said, so I will give y'all a couple of links to read for yourselves. But I do have a quick wrap quote up from AFER Board President Chad Griffin and Ted Olson:

“This morning’s hearing before the California Supreme Court marks a seminal moment in our Plaintiffs’ case. Today, we have moved one important step closer to marriage equality for all gay and lesbian couples across California. Proposition 8 is hanging by a thread and soon the historic federal court decision that ruled Prop. 8 unconstitutional will be realized.”

AFER-associated attorney arguing on behalf of plaintiffs in Perry v. Schwarzenegger Ted Olson had this to say about today's hearing:

“There is ample authority that individuals do not have a right to defend a law unless they would suffer a direct and immediate harm from its invalidation. The proponents of Proposition 8 will not suffer any harm from a decision that grants gay and lesbian Californians their fundamental civil right to marry. It is the Attorney General who has the exclusive authority to make litigation decisions on behalf of the State, and here the Attorney General has made the sound decision that the discriminatory provisions of Proposition 8 do not warrant defense on appeal. Proponents cannot second-guess that exercise of discretion.”

The CA Supreme Court justices now have 90 days to deliver a verdict.

 More to come.

source and source 2

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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CA Supreme Court may decide on entering the Prop 8 fray Next Week

Interesting developments in Cali-Cal. The California Supreme Court maybe entering the Prop 8 fray by next week.

SF Gate reports

The 9th U.S. Court of Appeals said last month that it cannot decide if the gay marriage ban is constitutional until the state high court weighs in on whether proposition sponsors have authority to defend the measure.

A three-judge panel asked the California Supreme Court to decide if ballot proposition backers can step in to defend voter-approved initiatives in court when state officials refuse to do so. The panel suggested it would have to dismiss the case if there's no state high court input.

The Los Angeles Times says Cantil-Sakauye told reporters Wednesday that the California Supreme Court will soon decide whether to weigh in.

You know I will keep y'all posted

If interested, I have the Whole Prop 8 Hearing right here

Hey y'all. I wanted to make sure I had the full hearing for you guys. I know a lot you are working or on the go, so here's the case for your leisure

9th Circuit Prop 8 Hearing will be televised LIVE on C-SPAN and KGO-TV

Good News from Prop 8 Trial Tracker

C-SPAN applied to televise live the case captioned above, scheduled to be heard in San Francisco, on December 6, 2010 at 10:00 a.m. C-SPAN’s request to televise live is GRANTED. A maximum of two (2) video cameras will be permitted in the courtroom. C-SPAN will serve as the pool-feed for all media organizations that submit an application. 

And here's another one

UPDATE: KGO-TV, a San Francisco ABC affiliate, also applied to televise the hearing. The good news from the court:

Filed clerk order (Deputy Clerk:PA):KGO-TV applied to televise live and videotape for later broadcast the case captioned above, scheduled to be heard in San Francisco, on December 6, 2010 at 10:00 a.m. KGO- TV’s request to televise live and videotape for later broadcast is GRANTED.[7549438] (PA)

Judge Walker will leave the bench next year

Bittersweet news, gang. Judge Vaughn Walker, the man who ruled that Prop 8 was unconstitutional, is leaving the bench in February.

In a press release from the United States District Court for the Northern District of California, Walker announced he plans step down as chief judge effective December 31 and that he notified President Barack Obama by letter today that he would leave the court in February.

District Judge James Ware will assume the post of chief judge of the Northern District on January 1. Upon leaving the federal bench, Walker plans to return to the private sector.

In his letter to the president, Walker wrote, "Concluding 21 years of judicial service, I leave the bench with the highest respect and regard for the federal judiciary, its judges and their staff and the essential role they fulfill in our constitutional system."

It will be sad to see him go, but at least he will leave on a high note.

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Prop 8 Supporters attack Judge Walker's... Judgement?

This fools just won't quit! Haters are now, going after Judge Walker!
These lawyers are begging the federal appeals court to overturn Judge Walker's decision, claiming he was "egregiously selective and one-sided."

Please read the brief:

Prop 8 backers target trial judge