Susan's Place Transgender Resources

Today looks like the day the ruling on California Prop 8 will come down from the 9th Circuit Court in SF.  Humm, just a couple of blocks from where I'm working, I might have to go down and check out the action.

No matter who wins I'm sure the other side will appeal.

http://news.yahoo.com/s/ap/20100804/ap_on_re_us/us_gay_marriage_trial (http://news.yahoo.com/s/ap/20100804/ap_on_re_us/us_gay_marriage_trial)   :eusa_dance: :eusa_clap: :eusa_dance: :eusa_clap: :eusa_dance: :eusa_clap: :eusa_dance:

 :) :) :)

http://www.bbc.co.uk/news/world-us-canada-10875094 (http://www.bbc.co.uk/news/world-us-canada-10875094)

just saw this story on CNBC... they're saying it's destined for the Supremes... can't wait to see how that plays out

YAY  Everybody dance

http://www.youtube.com/watch?v=-5x5OXfe9KY# (http://www.youtube.com/watch?v=-5x5OXfe9KY#)

The ruling itself

http://www.scribd.com/doc/35374462/Prop-8-Ruling-FINAL#keysvga9mgedaz1bibr18j (http://www.scribd.com/doc/35374462/Prop-8-Ruling-FINAL#keysvga9mgedaz1bibr18j)

Quote from: Keroppi on August 04, 2010, 05:47:35 PM
The ruling itself

A very compelling decision based on the facts presented  by Boies and Olsen. Certainly, if there are compelling reasons to uphold prop 8, the proponents negelected to present them.

This is HUGE.  It's a double-bitch slap.  Because the ruling said the law was wrong on not one, but two different parts of the Constitution.  One, it violated 'due process' and second it violated 'equal protection under the law.'  That means the opponents now have to prepare not one, but TWO briefs, explaining the the appeals process how the judge was 'wrong on the facts, wrong on the law' on not one, but TWO, different and seperate areas.  Meaning, even if they would win on one point, but lose on the other, the ruling stands.

And I really, really, doubt the SC is going to take it up.

And, oh yeah, just for the win, the judge that wrote this.  Some 'activist liberal judge' - nope, a Ronald Reagan appointee.  Suck on it Xians.

I recommend reading the ruling, because as Rachel Maddow put it, "It's better than anything you're currently reading." It is refreshing. I saw some moron on the news actually calling it "outrageous", and I just have to shake my head at the ignorance and bigotry of some people. It is logical and concise, and you'll love the part where the judge refutes every single argument put forth  by the proponents of prop 8, exposing their real motivations of religion, and of discrimination based on stereotypes. I never would have imagined that reading a court document could be so satisfying.  :)

What are the odds each higher court will hear the case?

Odds it will make it to the Ninth Circuit Court of Appeals?

Odds it will make it to the US Supreme Court?

On the side, what are the odds Walker will grant defendant's request to not allow the ruling to go into effect until after the Court of Appeals decides?

I actually think that this issue, if not this particular case, will at some point have to be heard by the SC because neither side is going to stop pushing it. As for the stay, I think that's already a done deal isn't it?

While societal pressure can have an influence on whether a higher court will hear a case on appeal, the only factors the higher courts have to look at are legal - was the judge right in his ruling, was there any wrongdoings, was the ruling correct and within the laws.

As far as the stay, it is only until Walker reviews the defendant's request.  He may allow the defendant's request to let the stay remain in effect until the Court of Appeals has made their decision or he may say no, and allow same sex marriage to be performed until the next court overrules his decision.

If the Court of Appeals finds no reasonable cause to review the case then Walker's decision stands. 

This is a hotbed of emotions and each higher court may look at it as something they really don't want to touch or they may think if they refuse to hear the case it will be interpreted as them supporting gay marriage.  If they hear the case and rule against gay marriage the whole country could be in an uproar.

The part about this ruling that affects everyone is the statement by Walker that no majority has the right to deny the equal rights to any minority.  That is one of the basic principles of democracy and once that principle is established in law by precedence, it can be used wherever minorities are denied equal rights by majorities.  That could result in sweeping changes throughout this country.

QuoteThat could result in sweeping changes throughout this country.

Lets hope for the correct sweeping changes.