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CA: Gay Couple Ask 9th Circuit to Hear Defense of Marriage Act Case

Thursday, June 30th, 2011

Just days after the Justice Department filed an appeal of a ruling declaring the federal ban on gay marriage unconstitutional, lawyers for a same-sex couple at the center of a bankruptcy dispute upped the ante by asking the Ninth U.S. Circuit Court of Appeals to take the case.

The Justice Department appealed the bankruptcy-court ruling Monday that declared the Defense of Marriage Act as unconstitutional. Such appeals of bankruptcy-court decisions would be heard by the U.S. District Court.

But lawyers for the couple involved in the bankruptcy case are seeking to skip that step and go right to appeals court.

Full Story from the Wall Street Journal

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Department of Justice to Appeal DOMA Bankruptcy Ruling

Thursday, June 30th, 2011

In a surprising move, the United States Trustee for California — an agent representing the United States and the Department of Justice in Bankruptcy court — has appealed a ruling in the United States Bankruptcy Court of the Central District of California which found Section 3 of the Defense of Marriage Act unconstitutional.

The June 15 ruling by U.S. Bankruptcy Court judge, Thomas Donovan, in the largest Bankruptcy Court in the country, found unconstitutional the 1996 law which bars Federal recognition of same-sex unions, even where such unions are legal. The ruling added yet another Federal court victory to a list of several such victories against the law. The ruling was in response to an intervention by the U.S. Trustee into a case in which a same-sex couple legally married in California in 2008 jointly filed for Bankruptcy.

Prior to the ruling, the U.S. Trustee had initially argued the Chapter 13 filing be thrown out, and that Gene Balas and Carlos Morales file separately as DOMA dictates. The Judge disagreed with the Justice Department, and decided to allow the couple to file jointly. The ruling was given even more weight when an unprecedented 19 of the other 23 judges at the court signed on to the decision.

Full Story from The Washington Blade

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CA: Prop 8 Supporters Appeal Ruling on Gay Judge’s Impartiality

Monday, June 27th, 2011

Supporters of California’s gay marriage ban are appealing a ruling that a U.S. judge’s own gay relationship was no basis for tossing out his decision in support of same-sex marriage.

U.S. District Judge Vaughn Walker in San Francisco last year struck down California’s same-sex marriage ban, known as Proposition 8. He later openly discussed his own gay relationship after retiring from the bench earlier this year.
Supporters of the ban now say his ruling was compromised and should be vacated. But Chief U.S. District Judge James Ware disagreed earlier this month, ruling that granting such a request would send a message that minority judges could not rule in civil rights cases.

Full Story from Reuters

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CA: Prop 8 Proponents to Appeal Ruling on Judge Walker

Wednesday, June 15th, 2011

Charles CooperThere is little to add, beyond what has been reported here and throughout the blogosphere. But, there is one thing that many of us have missed.

Much to the amazement of the gay media, Charles Cooper, the lead attorney for the Prop 8 proponents, vowed to appeal Judge Ware’s decision throwing out Mr. Cooper’s frivolous, dangerous and hateful motion to dismiss. Mr. Cooper stated that his “legal team will appeal this decision and continue [its] tireless efforts to defend the will of the people of California to preserve marriage as the union of a man and a woman.”

Appeal such a wholehearted beat down? Does he think he will get any more sympathy from a panel of Ninth Circuit judges who have known Judge Walker for years and have, in any event, already invested their court’s own time and effort into this case?

Full Story from Towleroad.com

Click here for gay marriage resources in California.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.

ME: NOM Appeals Campaign Disclosure Ruling… Again

Wednesday, March 2nd, 2011

As we expected, NOM is refusing to comply with last week’s ruling by a federal judge that it must disclose the names of the people who funded its successful campaign to repeal same-sex marriage in Maine. Today they kicked their appeal upstairs to the First Circuit Court, their last stop before SCOTUS.

Lawyers for the National Organization for Marriage filed their notice of appeal with the 1st U.S. Circuit Court of Appeals in Boston, which already is considering another constitutional challenge of Maine’s campaign finance law by the Virginia-based organization.

The National Organization for Marriage, or NOM, sued after the state ethics commission found that it could be required to disclose the identities of its donors. Last month, U.S. District Judge D. Brock Hornby granted a summary judgment upholding Maine’s campaign disclosure laws as they pertain to ballot committees.

Full Story from Joe.My.God

Click here for gay marriage resources in Maine.

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US Supreme Court Rejects DC Anti Gay Marriage Appeal

Tuesday, January 18th, 2011

The Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender civil rights organization, applauded the Supreme Court’s rejection today of a last-ditch appeal  by marriage equality opponents determined to put the rights of same-sex couples in D.C. up for a public vote. Last March, D.C. became the sixth jurisdiction in the nation to permit same-sex couples to marry.

“Today’s action by the Supreme Court makes abundantly clear that D.C.’s human rights protections are strong enough to withstand the hateful efforts of outside anti-LGBT groups to put people’s basic civil rights on the ballot,” said Human Rights Campaign President Joe Solmonese.

“For almost two years, the National Organization for Marriage and the Alliance Defense Fund, along with Bishop Harry Jackson, have fought a losing battle to shamelessly harm gay and lesbian couples in D.C. who seek nothing more than to share in the rights and responsibilities of marriage.  The D.C. Council and Mayor courageously made marriage equality a reality last year, and the courts have since upheld the rights of D.C. residents to govern ourselves and take the necessary steps to eliminate discrimination in our community.”

Full Story from eNews Park Forest

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Recap of the Prop 8 Hearing & What Come Next

Tuesday, December 7th, 2010

Prop 8 AppealOral arguments in the Prop 8 case took place yesterday in San Francisco. We heard from the proponents of Prop 8, represented capably by Charles Cooper, and a deputy clerk from Imperial County, represented less than capably by Robert Tyler.

Then we heard from David Olson and Ted Boies (no, wait, strike that, reverse it, sort of) — David Boies and Ted Olson — capably representing marriage equality. Mike, Andy and Corey ran a successful live blog of the hearing, available now here, and asked me and Richard Socarides to join. Check it out and see what happened.

Today, I would like to take a step back, dot the i’s and cross the t’s, and see what we heard, what we didn’t hear and determine what is likely to happen next. In short, as with many appeals, it is hard to handicap. These cases are won on the briefs, you can really only lose at oral argument.

Full Story from Towleroad.com

Click here for gay marriage resources in California.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.

Prop 8 Appeal: Boies Thinks Scalia Could Vote Against Prop 8

Tuesday, December 7th, 2010

Prop 8 AppealDavid Boies, one half of the legal team challenging the constitutionality of California’s gay marriage, Proposition 8, says U.S. Chief Justice Antonin Scalia could vote against the ban. Boies made his comments on MSNBC’s Hardball with Chris Matthews.

Boies and Ted Olson argued against the ban during a 13-day trial presided by U.S. District Judge Vaughn R. Walker in January. Walker declared Proposition 8 unconstitutional in August.

The legal team returned to court on Monday, arguing in the appeal of the case before the Ninth U.S. Circuit Court of Appeals in San Francisco. The three-judge panel hinted they’ll support a narrow ruling against the gay marriage ban.

Full Story from On Top Magazine

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Prop 8 Hearing: Decision Likely Within a Few Months

Tuesday, December 7th, 2010

Prop 8 AppealThere’s been lots of news and commentary about the Prop. 8 oral arguments before the 9th Circuit Court of Appeals. During our live chat, we got expert commentary from USC Constitutional Law Professor David Cruz. There are complicated issues of standing to resolve before the judges even get to the merits.

Lisa Keen was in San Francisco for the hearing and provides an overview. She is spot on here:

The panel is expected to render its decision on both the standing issue and the constitutionality of Proposition 8 within a few months. Boies speculated during a post-argument press conference that the earliest the panel would likely render a decision is early next year and the earliest the case might be heard by the Supreme Court – during its almost inevitable appeal – would be 2012.

Full Story from Americablog

Click here for gay marriage resources in California.

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What’s Next on the Prop 8 Appeal?

Tuesday, December 7th, 2010

Prop 8 AppealOn August 4, 2010, U.S. District Court Judge Vaughn Walker issued a decision in the case of Perry v. Schwarzenegger concluding that Proposition 8, the California constitutional amendment barring same-sex couples from marrying, violates the United States Constitution. Judge Walker wrote a 136-page decision that analyzed all the evidence submitted in the three-week trial. He ruled that Prop 8 violates the federal constitutional guarantees of due process and equal protection. The group that put Prop 8 on the ballot, known as the Prop 8 “proponents,” has appealed that decision to the Ninth Circuit Court of Appeals, which heard oral argument in the case on December 6, 2010.

1. My partner and I want to get married in California. Now that Judge Walker has ruled that Prop 8 is unconstitutional, when/where/how can we do that?

Same-sex couples in California cannot yet marry because the Ninth Circuit Court of Appeals “stayed” Judge Walker’s ruling while the appeal is pending. That means that same-sex couples will not be able to get married in California until the appeals court has finished reviewing the case.

Same-sex couples can currently get married in five states in the U.S.: Connecticut, Massachusetts, Iowa, New Hampshire, and Vermont, as well as Washington, D.C. A number of other countries also allow same-sex couples to marry, including Canada.

Full Story from Pam’s House Blend

Click here for gay marriage resources in California.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.