Showing posts with label unconstitutional. Show all posts
Showing posts with label unconstitutional. Show all posts

Thursday, May 31, 2012

Federal Appeals Court stated that DOMA Unconstitutionally denies federal benefits to Married Gay Couples


Another fantastic blow to DOMA! Today, a federal appeals court said that DOMA denies federal benefits to married gay couples and it's unconstitutional.

AP News writes:
In its unanimous ruling, the three-judge panel of the 1st U.S. Circuit Court of Appeals in Boston said the 1996 law that defines marriage as a union between a man and a woman discriminates against gay couples because it doesn't give them the same rights and privileges as heterosexual couples.
The court didn't rule on the law's other politically combustible provision, which said states without same-sex marriage cannot be forced to recognize gay unions performed in states where it's legal. It also wasn't asked to address whether gay couples have a constitutional right to marry.
And
 The appeals court agreed with a lower court judge who ruled in 2010 that the law is unconstitutional because it interferes with the right of a state to define marriage and denies married gay couples federal benefits given to heterosexual married couples, including the ability to file joint tax returns.
Soon there won't be much left of this hateful law. I'm getting excited.

Tuesday, February 7, 2012

Court Rules: Prop. 8 is Unconstitutional!


By a 2-1 decision of the U.S. 9th Circuit Court of Appeals, Prop 8 violates the U.S. Constitution.

The haters vowed to appeal.

READ the ruling
Ninth Circuit Prop. 8 decision



source

Monday, December 13, 2010

In Virginia: Federal Court claims Health Care Reform Unconstitional

This is a great way to start Monday... Bush appointed judge, Henry E. Hudson declared Obama administration's health care law unconstitutional
U.S. District Judge Henry E. Hudson is the first federal judge to strike down the law, which has been upheld by two others in Virginia and Michigan. Several other lawsuits have been dismissed and others are pending, including one filed by 20 other states in Florida.
Virginia Republican Attorney General Kenneth Cuccinelli filed a separate lawsuit in defense of a new state law that prohibits the government from forcing state residents to buy health insurance. However, the key issue was his claim that the federal law's requirement that citizens buy health insurance or pay a penalty is unconstitutional.
Hudson, a Republican who was appointed by President George W. Bush, sounded sympathetic to the state's case when he heard oral arguments in October, and the White House expected to lose this round.
Administration officials told reporters last week that a negative ruling would have virtually no impact on the law's implementation, noting that its two major provisions - the coverage mandate and the creation of new insurance markets - don't take effect until 2014.


And you know the GOP/Tea Party freaks will try to use this to repeal Health Care.

source

Thursday, September 30, 2010

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.

source