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Wednesday, December 1st, 2010
NOM is demanding that Ninth Circuit Court Judge Stephen Reinhardt recuse himself from the three-judge panel set to hear the appeal of Prop 8′s overturn on Monday.
NOM’s objection arises from a National Review article posted yesterday which points out that Reinhardt’s wife is the executive director of the Southern California chapter of the ACLU, that she made personal contributions to the No On 8 campaign, and that she issued a statement cheering Prop 8′s overturn.
NOM writes: “Federal law and the Code of Conduct for United States Judges provide a non-exhaustive list of circumstances in which a judge must disqualify himself on the ground that his ‘impartiality might reasonably be questioned.’
Full Story from Joe.My.God
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Tags: appeals court, judge, national organization for marriage, nom, prop 8, proposition 8, recusal
Monday, November 15th, 2010
A federal appeals court Monday scheduled a two-hour hearing on Proposition 8, California’s anti-gay marriage initiative, for Dec. 6.
The U.S. 9th Circuit Court of Appeals has asked attorneys on both sides to devote the first hour of the hearing to arguments on whether anyone has legal authority to appeal the August district court ruling that found the measure unconstitutional. The second hour will be spent on questions of the measure’s constitutionality.
California voters resurrected the state’s ban on same-sex marriage in November 2008. The ruling against the measure by a federal judge in San Francisco is on hold pending the 9th Circuit’s decision.
Full Story from The LA Times
Click here for gay marriage resources in California.
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Tags: appeals court, ca, california, Gay Marriage, hearing, marriage equality, prop 8, proposition 8, same sex marriage
Monday, November 1st, 2010
A U.S. appellate court is allowing for the continued enforcement of “Don’t Ask, Don’t Tell” as judges consider a legal challenge against the law. On Monday, the U.S Ninth Circuit Court of Appeals issued a decision to extend a stay on an injunction that would have blocked enforcement of the military’s gay ban. The injunction, issued last month by a lower court, temporarily stopped the enforcement “Don’t Ask, Don’t Tell.”
But in a 2-1 split decision, the majority on the three-judge panel write that the continued enforcement of “Don’t Ask, Don’t Tell” is necessary because the U.S. government has convincing arguments that an injunction will result in “immediate harm and precipitous injury.”
“We also conclude that the public interest in ensuring orderly change of this magnitude in the military – if that is what is to happen – strongly militates in favor of a stay,” the judges write.
Full Story from the Washington Blade
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Tags: appeals court, dadt, don't ask don't tell, extension, stay
Sunday, October 24th, 2010
On Monday of this week Prop 8 opponents Ted Olson and David Boies filed briefs with the U.S. Ninth Circuit Court of Appeals in support of Judge Vaughn Walker’s decision declaring Proposition 8 unconstitutional. On Thursday, a Federal Appeals Court announced that oral arguments for the appeal of Proposition 8, which banned gay marriage in California, will be heard at 10 a.m. on December 6th.
Representing the American Foundation for Equal Rights, which filed a lawsuit against the state to fight Prop 8, Olsen and Boies will argue why an appeals court panel of three judges should uphold Walker’s decision. According to the SCOTUS (Supreme Court of the United States) blog, each side will have one hour for argument. The hearing will be a combined one on the appeals of the backers of Proposition 8 and by Imperial County.
Under the practice of the Circuit Court, the three judges who will hear the case will not be identified publicly until the week before the hearing. The merits briefing of the case is scheduled to be completed on Nov. 1, with the filing of the reply briefs by the Proposition 8 backers and Imperial County.
Full Story from LGBTQ Nation
Click here for gay marriage resources in California.
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Tags: appeals court, Gay Marriage, hearing, lawsuit, marriage equality, ninth circuit, prop 8, proposition 8, same sex marriage
Tuesday, October 19th, 2010
Gay-rights advocates say a federal appeals court can restore same-sex marriage in California without deciding the constitutionality of the ballot measure that eliminated it – because, they argue, the measure’s sponsors have no rights of their own at stake.
If the court disagrees and allows Proposition 8′s backers to defend the initiative, its opponents contend, the measure should still be struck down because its sole purpose was to classify gay and lesbian relationships as inferior.
Lawyers for two same-sex couples, a gay-rights group and the city of San Francisco filed their arguments Monday with the Ninth U.S. Circuit Court of Appeals in San Francisco, supporting a federal judge’s ruling that overturned Prop. 8.
Full Story from SFGate
Click here for gay marriage resources in California.
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Tags: appeals court, briefs, Gay Marriage, marriage equality, prop 8, proposition 8, same sex marriage
Sunday, October 10th, 2010
Opponents of the city’s domestic partner registry lost another battle in court, with an appeals court upholding the dismissal of their suit against the registry. A three-judge panel of the Eighth Ohio District Court of Appeals ruled unanimously on September 30, agreeing with Common Pleas Judge Joseph D. Russo, who dismissed the suit in November 2009.
The case was brought by Cleveland Taxpayers for the Ohio Constitution, a group formed for the purpose, and Cleveland resident Dorothy McGuire. Their suit argued that the registry contravened the Ohio constitution’s marriage ban amendment.
The amendment’s second sentence reads, “This state and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage.”
Full Story from the Gay People’s Chronicle
Click here for gay marriage resources in Ohio.
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Tags: appeals court, cleveland, domestic partnership, Gay Marriage, marriage equality, oh, ohio, registry, same sex marriage
Wednesday, September 22nd, 2010
In November, 2008, Judge Cindy Lederman ruled that Florida’s ban on gay adoption is unconstitutional. The ruling allowed Frank Martin Gill to move forward with adopting two brothers, ages 4 and 8, who had been in Gill’s foster care since 2004.
In the 53-page 2008 ruling, Lederman wrote: “It is clear that sexual orientation is not a predictor of a person’s ability to parent.” The state of Florida appealed the ruling, and today a Miami appeals court ruled against the state:
“The 3rd District Court of Appeal issued its decision Wednesday affirming a lower court’s decision that the ban is unconstitutional. Florida is the only state with a law flatly banning gays from adopting children without exception. Gays can be foster parents in Florida. A Miami-Dade County judge ruled the gay adoption ban unconstitutional in 2008, but the state appealed. The case will ultimately go to the state Supreme Court. Martin Gill and his male partner, along with the American Civil Liberties Union, filed the lawsuit in their attempt to adopt two brothers, whom they have cared for as foster children since December 2004.”
Full Story from Towleroad
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Tags: appeals court, fl, florida, gay adoption, law, ruling, unconstitutional
Saturday, September 18th, 2010
If backers of Proposition 8 are not permitted to appeal a federal judge’s ruling overturning the measure, the effect of that ruling must be limited to the two same-sex couples who brought the challenge, sponsors of Proposition 8 argued Friday.
In written arguments before the U.S. 9th Circuit Court of Appeals, the sponsors, called protectmarriage.com, insisted they had legal authority to appeal last month’s ruling even though the gay couples sued the state, not the proponents.
…
If the 9th Circuit decides that neither the sponsors nor Imperial County have standing, Walker’s decision should affect only the couples who sued because the lawsuit was not brought on behalf of all gay couples in the state, protectmarriage.com argued. If the ruling were limited, only the two couples could marry. Other same-sex couples in California would continue to be barred from marrying.
Full Story from the LA Times
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Tags: appeals court, Gay Marriage, marriage equality, prop 8, proposition 8, ruling, same sex marriage
Saturday, September 18th, 2010
Who is hurt by gay marriage? The question is at the heart of a complex legal debate over “standing” in the Ninth Circuit Court of Appeals. The debate came about after the Aug. 4 ruling by a California federal judge that the passing of Proposition 8, the state’s referendum against same-sex marriage, is unconstitutional.
The issue of “standing,” or who has the right to sue, could make or break the Prop 8 case.
Bruce Hauscknecht, judicial analyst of CitizenLink, the lobbying arm of Focus on the Family, said in August that if Judge Vaughn Walker’s ruling stands, “it will most likely force all 50 states to recognize same-sex marriage.”
Currently same-sex couples can marry in five states and Washington, D.C. Gay marriage in California became a hot-button issue in 2008 when two gay couples brought a lawsuit against Prop 8’s passing. Defending Prop 8 was the State of California. But California Gov. Arnold Schwarzenegger says the state will not appeal Walker’s ruling.
Full Story from the Colorado Springs Gazette
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Tags: appeal, appeals court, Gay Marriage, marriage equality, opening briefs, prop 8, same sex marriage, standing
Friday, September 3rd, 2010
The outlook for the legal defense of Proposition 8, California’s ban on same-sex marriage, grew cloudier Thursday as a state appellate court refused to order Gov. Arnold Schwarzenegger and Attorney General Jerry Brown to appeal a federal judge’s ruling overturning the measure.
The Third District Court of Appeal in Sacramento dismissed without comment a lawsuit seeking to compel the state to come to the initiative’s defense. The suit was filed Monday by the conservative Pacific Justice Institute on behalf of a Los Angeles-area minister.
The institute said it would file an immediate appeal to the state Supreme Court in hopes of getting a reversal by Sept. 11, the deadline for state action in the Prop. 8 case.
Full Story from SF Gate
Click here for gay marriage resources in California.
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Tags: appeals court, california, defense, Gay Marriage, marriage equality, prop 8, proposition 8, same sex marriage, state
