Proposition 8 Ruling Today

[ClownPrinceofCrime]

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Prop. 8 supporters seek stay of federal judge's ruling before it's released today
By Howard Mintz
hmintz@mercurynews.com
Posted: 08/04/2010 08:44:01 AM PDT
Updated: 08/04/2010 09:30:19 AM PDT

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FILE -- John Lewis, left, and Stuart Gaffney, right, await the California Supreme Court ruling on...

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Supporters of Proposition 8 may already suspect the outcome of today's ruling in the case challenging California's ban on same-sex marriage.

In court papers filed Tuesday night, lawyers for the Proposition 8 defense team asked Chief U.S. District Judge Vaughn Walker for a stay of his ruling if the outcome is to declare the law unconstitutional. The motion indicates that the Proposition 8 lawyers will immediately ask the 9th U.S. Circuit Court of Appeals to review the ruling if Walker rules against them.

"A stay is essential to averting the harms that would flow from another purported window of same-sex marriage in California," they wrote.

The San Francisco judge's ruling is expected to be released between 1 and 3 p.m. today.

Walker is ruling in the unprecedented trial of a lawsuit challenging Proposition 8 as a violation of the federal constitutional rights of gay and lesbian couples. The case marks the first federal court test of a state law banning gay marriage.

Walker has already refused to allow same-sex couples to marry while the legal challenge is pending, finding that it would create too much uncertainty in the state. Legal experts do not believe same-sex marriages will be permitted immediately, even if the judge overturns Proposition 8, because of the lengthy appeals ahead.

The case will not impact the roughly 18,000 same-sex marriages that took place in 2008, before Proposition 8 went into effect and after a state
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Supreme Court ruling that

http://www.mercurynews.com/breaking-news/ci_15675498

Here's hoping that we finally get a decision in our favor. No matter the decision, it will be appealed, but seeing as its my home state, I want to see marriage equality come to us.

[JME2]

"Here's hoping that we finally get a decision in our favor. No matter the decision, it will be appealed, but seeing as its my home state, I want to see marriage equality come to us.

Likewise.

[Stravo]

Frankly I don't see how a Federal court could possiby support prop 8. On legal basis alone homosexuals have widely been regarded as a "protected class" in terms of equal protection under the law and how you can get around the very simple argument that a protected class' rights are being curtailed is beyond me. Would this even be an argument if we substituted any race for sexuality?

[JME2]

In an ideal world, it wouldn't be upheld. But considering this is the land of homophobes, racists, and xenophobes, I can't help but feel a little cynical.

[Kanastrous]

I've noticed a pronounced tendency on the part of Federal judges to pull whatever random thread from thin air they want to, to hang their decisions on. The proclivities of the court probably tell you a lot more about an upcoming ruling than anything you can find in the law or the merits of the case at hand.

[Knife]

Hmm, wonder if the decision is a yes, how many marriages go through while the Prop 8 crowd appeals?

[Kanastrous]

The Prop8ers are asking that no such marriages be permitted until an appeal is completed. And the appeal after that. Hopefully the court will deny the request.

[Knife]

The Prop8ers are asking that no such marriages be permitted until an appeal is completed. And the appeal after that. Hopefully the court will deny the request.

Well, I assumed they would but that's their wishful thinking.

[Pelranius]

Hopefully those jackasses are just wasting their money and time on this filing.

[Falkenhayn]

Breaking on MSNBC: Prop 8 Overturned

[StarshipTitanic]

Prop 8 Ruled Unconstitutional.

Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.

[Kanastrous]

Well, hoo-fuckin'-ray for that.

Not celebrating because the appeals haven't happened yet, but at least it makes today a comparatively good day.

[Kuja]

Prop 8 Ruled Unconstitutional.

Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.

BRAVO SIR, BRAVO.

God, I'm actually tearing up a bit. Even though I know there's sure to be another crapstorm coming soon, this is a great moment.

[CaptainChewbacca]

So next comes the push for a constitutional amendment, then? Probably too late for a november ballot, so we'll have a FEBRUARY special election.

God, I hate California politics.

[eion]

So next comes the push for a constitutional amendment, then? Probably too late for a november ballot, so we'll have a FEBRUARY special election.

God, I hate California politics.

Um, Prop 8 was a constitutional ammendment. If they try to pass another one with similar language it'll probably be ruled invalid and will not be put on the ballot.

Also, HORRAY!

[ClownPrinceofCrime]

I thought that not living in California, and logically knowing that it would almost certainly be appealed, I wouldn't be too sentimental about the decision. But after hearing the judge's ruling, I have hope for our future, and am tearing up a little also.
Now we're waiting to see if same-sex marriages can continue in CA, or if there will be a hold until after we find out about appeals, right?

[CaptainChewbacca]

So next comes the push for a constitutional amendment, then? Probably too late for a november ballot, so we'll have a FEBRUARY special election.

God, I hate California politics.

Um, Prop 8 was a constitutional ammendment. If they try to pass another one with similar language it'll probably be ruled invalid and will not be put on the ballot.

Also, HORRAY!

Wait, so they ruled an AMENDMENT to the constitution was Unconstitutional? I didn't think that was possible, like saying a chapter in a book isn't a part of a book.

[Kanastrous]

I'm listening to Michael Medved lamenting the end of the world. His tears are delicious.

It was an amendment to the California State Constitution which was ruled in conflict with the United States Constitution. State constitutions may not violate the Federal one.

[CaptainChewbacca]

I'm listening to Michael Medved lamenting the end of the world. His tears are delicious.

It was an amendment to the California State Constitution which was ruled in conflict with the United States Constitution. State constitutions may not violate the Federal one.

Ah.... thank you for that clarification. I thought it was ruled to be unconstitutional under the california constitution. I've been awake about 30 hours.

[eion]

For those who want to wonk out, here's the full ruling.

I'm reading it now.

[Flagg]

Great news. Hopefully this will stand.

[Pelranius]

Now if we can only pull the same trick off in Maine.

[eion]

Now if we can only pull the same trick off in Maine.

If today's ruling is upheld at SCOTUS you may not have to. Since they were challenging the amendment under federal grounds a favorable ruling from SCOTUS could invalidate all such state constitutional amendments.

Of course, if a favorable case should wind its way up through the 1st circuit it would certainly give the Justices additional support in overturning those amendments.

[Kanastrous]

I frankly don't trust SCOTUS to rule on the law, on this one. But I'm hoping to be pleasantly surprised.

[eion]

I frankly don't trust SCOTUS to rule on the law, on this one. But I'm hoping to be pleasantly surprised.

Some on the court might suprise us, at least according to two lawyers who have spent some time arguing before it.