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NJ: Gay Supreme Court Nominee Promised to Recuse Himself From Marriage Equality Cases

Wednesday, February 1st, 2012

New Jersey Marriage Equality BillNew Jersey Governor Chris Christie said his pick to be the first openly gay justice on the state Supreme Court won’t rule on issues involving same-sex marriage.

Christie, a first-term Republican, also said critics, including Assemblyman Reed Gusciora, one of two openly gay New Jersey legislators, are “numbnuts” for comparing him to segregationists for comments he made about civil rights.

The governor last week proposed a referendum on gay marriage. Democratic lawmakers said the issue is a matter of civil rights and shouldn’t be decided by voters. Christie drew criticism from Democrats when he said that “people would have been happy with a referendum on civil rights rather than fighting and dying in the streets of the South.”

Full Story from Bloomberg

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VT: Marriage Equality Advocate Joins State Supreme Court

Monday, November 28th, 2011

Vermont Supreme Court(Host) A new justice has joined the Vermont Supreme Court. Governor Peter Shumlin swore in Beth Robinson Monday afternoon as an associate justice. She replaces Denise Johnson, who is retiring.

Robinson is a 46-year-old lawyer and long-time gay rights advocate. She says she’ll decide cases impartially based on the statutes.

(Robinson) “To me, my pledge is to remember the people because to me the only thing that is important is respecting this abstraction that we call the law, is respecting the people who both shape and give life to that abstraction and whose lives are, in turn, shaped by the dictates that the law requires.”
(Host) Since January, Robinson has served as Shumlin’s general counsel.

Full Story from VPR.net

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Prop 8′s Painfully Slow Crawl to the Supreme Court

Thursday, November 24th, 2011

Prop 8 HearingSometimes I wish lawsuits in real life were more like they are on TV. They’d wrap up in days rather than years, and they wouldn’t spend most of that time in the mind-numbing quagmire known as legal procedure. Such is the case with California’s Prop 8 trial, Perry v. Brown.

A quick refresher: Prop 8 is unique among state same-sex marriage bans for a number of reasons, perhaps the biggest being that it was found unconstitutional in federal trial court and is now moving, very slowly, through the appeals process. It’s poised to go all the way to the U.S. Supreme Court. No other LGBT marriage law has made it this far. This means that California’s 2008 law could determine the fate of same-sex marriage for the whole country.

On Nov. 17, 2011 we all awoke to the cacophonous news that the California Supreme Court had issued a decision that will take Prop 8 to the next critical phase.

Full Story from PrideSource

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Herman Cain Thinks He Can “Overturn the Supreme Court” on DOMA

Sunday, November 20th, 2011

Responding to a question posed by NOM’s Brian Brownshirt, tonight Herman Cain demonstrated an astounding lack of knowledge of how government works. Not one person on the panel bothered to correct him.

Full Story from Joe.My.God

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CA: Ruling Puts Prop 8 Case on the Fast Track

Thursday, November 17th, 2011

Prop 8 RulingWe are on the cusp of achieving what we have been fighting for. For countless couples like plaintiffs, Kris Perry & Sandy Steir and Paul Katami & Jeff Zarrillo, marriage equality cannot come quickly enough. Marriage Equality is on its way to victory in the Ninth Circuit Court of Appeals.

According to the American foundation for Equality (AFER) the impending ruling is important for a host of reasons:

In a letter to supporters , which includes an appeal for donations, Chad Griffin of the American Foundation for Equality asserts “we are confident that the Court will affirm our historic District Court victory. The anti-marriage Proponents of Prop. 8 failed to present a shred of credible evidence to justify discrimination against gay and lesbian Americans. Marriage is a fundamental right guaranteed by the U.S. Constitution, plain and simple.”

Full Story from Gay USA

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Ireland: Supreme Court Deals Setback to Marriage Equality Advocates

Sunday, October 23rd, 2011

The fight for marriage equality in Ireland suffered a minor setback yesterday when the Supreme Court ruled against Senator Katherine Zappone and Dr Ann Louise Gilligan on a technical point.

Sen Zappone and Dr Gilligan are currently appealing to the Supreme Court to have their Canadian marriage recognised in Ireland, having lost their case in the High Court in 2006.

At issue yesterday was a request by the couple’s legal team to challenge an Irish law prohibiting same-sex marriage.

Full Story from Gaelick.com

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DOMA Cases Make Way to US Supreme Court

Sunday, September 25th, 2011

Defense of Marriage ActConsider this bit of braggadocio about the advances of gay rights: More than two-thirds of Americans say they would vote for their party’s “well-qualified gay candidate for president.”

The first openly gay male federal judge was just confirmed by an overwhelming majority in the Senate, and President Obama has nominated four other gay candidates for the bench.

California requires public school textbooks to include the historical contributions of lesbian, gay, bisexual and transgendered Americans; New York lawmakers defied the Catholic Conference to legalize same-sex marriage; Congress allowed homosexuals to serve openly in the military.

Full Story From The Washington Post

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CA: Hearing Tuesday on Prop 8 Standing

Friday, September 2nd, 2011

Prop 8 Hearing - StandingOn Tuesday, the California Supreme Court will hear arguments on an important question of California law that has arisen in Perry v. Brown, the ongoing federal challenge to Proposition 8, a 2008 ballot measure that stripped the ability to marry from same-sex couples in California.

The Court must decide whether California law allows the sponsors of Prop 8 to force an appeal in Perry v. Brown–even though the California Attorney General agrees that Prop 8 is unconstitutional. To understand why Tuesday’s hearing is significant, it is helpful to look back on the history of marriage equality in California.

May 2008–The California Supreme Court ruled that California’s laws barring same-sex couples from marriage violated California’s Constitution. In the following months, more than 18,000 same-sex couples married in California.

Full Story from Gay USA

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Should the Supreme Court Issue a Narrow Ruling on Prop 8 Case?

Friday, August 19th, 2011

Prop 8How ought the U.S. Supreme Court handle the appeal in Perry v. Schwarzenegger once the case is ripe for appeal? The Court ought to avoid any broad pronouncements on the merits of plaintiffs’ claim that denying marriage equality to lesbian and gay couples violates the Fourteenth Amendment. If the Court reaches the merits, the Justices ought to affirm the district court decision based upon Romer v. Evans (1996).

In 1956, political scientist Robert Dahl warned that pluralistic democracy cannot easily handle issues that both intensely and evenly divide the polity. Indeed, such issues threaten the viability of our system, because they polarize contending groups and engender politics-exiting bitterness among group members who are defeated. Examples of such high-stakes issues in our history are slavery, immigration, prohibition, apartheid, and abortion.

Add same-sex marriage as an issue that now divides the country both intensely and evenly–and is therefore an issue that ought not be resolved one way or the other until public preferences become more settled. This is a reason why the Defense of Marriage Act (1996) and the proposed Federal Marriage Amendment (2003-04) were unwise, for they sought, prematurely, to declare victory for supporters of traditional marriage before public opinion had settled firmly in their favor.

Full Story from the Scotus Blog

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SCOTUSBlog to Cover Marriage Equality

Monday, August 15th, 2011

Gay MarriageOver at SCOTUSblog — an indespensible resource for those who follow the work of the U.S. Supreme Court — Kali Borkoski today announced an online symposium — a collection of articles — on the issue of same-sex marriage and the high court. The series of posts are to focus on California’s Proposition 8 and the Defense of Marriage Act and will continue for the next two weeks. They are to feature a wide array of some of the leading voices in favor of and against same-sex marriage litigation and marriage equality more broadly, from famed law professors Erwin Chemerinsky and Laurence Tribe to the National Organization for Marriage’s Maggie Gallagher.

With an opening entry from Yale Law School professor William Eskridge, the series is off to a quick start.

Eskridge writes about “[h]ow ought the U.S. Supreme Court handle the appeal in Perry v. Schwarzenegger once the case is ripe for appeal” for the symposium, urging that the court take the most narrow path possible, either (1) turning down the case altogether, (2) deciding the case on a technical ground, or (3) deciding the case on the most narrow constitutional ground possible.

Full Story from Metro Weekly

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