rssWhy The Ninth Circuit’s Stay on Gay Marriage Might Help Supporters’ Chances
Wednesday, August 18, 2010 at 3:20 pm
- 52 Comments
At the American Constitution Society blog, Rick Hasen breaks down the possible meanings of the Ninth Circuit Court of Appeals’ decision to put a hold on gay marriages in California. He concludes that while it’s hard to read anything into how the Ninth Circuit will ultimately rule on Proposition 8, the decision might increase the chances that the Supreme Court will side with gay-marriage supporters.
The stay decision, Hasen argues, might have been issued for a number of reasons, most obviously to preserve the status quo. That way, if the opinion of Judge Vaughn Walker ends up getting reversed, the state won’t be involved in a whole new round of litigation surrounding the gay marriages that occurred in the intervening period of time.
Had the Ninth Circuit upheld Judge Walker’s denial of a stay, the issue would have fallen into the lap of Justice Kennedy (the Supreme Court Justice who handles emergency appeals from the Ninth Circuit) on an expedited schedule. Observers believe he’s likely the swing vote on Proposition 8′s constitutionality, and an emergency stay request could have brought the issue to him without giving him time for adequate reflection and rumination on the constitutional issues.
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[...] Why The Ninth Circuit's Stay on Gay Marriage Might Help Supporters' ChancesThe Washington IndependentThat way, if the opinion of Judge Vaughn Walker ends up getting reversed, the state won't be involved in a whole new round of litigation surrounding the gay …If hard-won court victory against Prop 8 is tossed out, you can thank Jerry BrownHuffington Post (blog)Locals respond to gay marriage ban overturnAda Evening NewsCalifornia gay marriage case hangs on technicalityReutersChristian Science Monitor -Southern Pines Pilot -CNNall 2,012 news articles » No tags for this post. [...]
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Comment posted August 18, 2010 @ 8:05 pm
Why is everyone afraid of justice Kennedy. I wish the stay issue did end up on his lap. Walker's ruling relied heavily on Kennedy's quotes, and it's time to deal with it.
The legal system, except Walker, fails to recognize the negative impact prop 8 has on it's target recipients, and so does the general population. Nobody really gives a damn.
Comment posted August 18, 2010 @ 8:13 pm
I so agree with monroecolby! Any two humans can be married in a civil ceremony under the law. Please tell the politicians that WE DON”T CARE who marries whom. If there is a group that dislikes it, lets get get rid of the group. I love hating people and would enjoy the opportunity to hate them. Problem solved. Why are they allowed to intrude ? Because they believe in God? Organized religion is the last stand for the terminally afraid.
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Comment posted August 18, 2010 @ 11:05 pm
If Judge Walker saw any way the Prop 8 supporters would have standing to bring the appeal, he would have left his stay in place. The 9th is letting them try for it in order to show fairness. Unless some legal theory of standing come out of nothing, this will be over in a few months.
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Comment posted August 18, 2010 @ 11:33 pm
If there is a group that dislikes it, lets get get rid of the group.
Ummm… That is the type of intolerance the Prop. 8 supporters display. Do you really want to imitate them in that way?
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Comment posted August 19, 2010 @ 12:03 am
No it's not and I knew it when I was writing it, but I am so tired of small minded individuals. Do you think they will play fair with the appeal? I don't. We are the only country who screams Home of the Free, but only if you agree with certain groups. I truly believe that denying individuals rights based on religion is wrong. Separation of church and state was included in our constitution for a reason. I am also pretty sure our founding fathers knew there gays in the military. But that's another story.
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Comment posted August 19, 2010 @ 3:07 am
It's time for full civil and marriage equality rights in 21st century America, and abroad.
Cheers, Joe Mustich, Justice of the Peace,
Washington, Connecticut, USA.
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[...] Why The Ninth Circuit’s Stay on Gay Marriage Might Help Supporters’ Chances “At the American Constitution Society blog, Rick Hasen breaks down the possible meanings of the Ninth Circuit Court of Appeals’ decision to put a hold on gay marriages in California. He concludes that while it’s hard to read anything into how the Ninth Circuit will ultimately rule on Proposition 8, the decision might increase the chances that the Supreme Court will side with gay-marriage supporters. [...]
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Comment posted August 19, 2010 @ 5:44 pm
This is such an important issue for the country in terms of overall human rights. I think it is best that we leave it up to the courts to decide, because they cannot be swayed by fear and opinions. We have a constitution and it should be upheld.
I found a great article to share that I feel is worth a read for those who are unsure.
http://ourscenetv.com/articles/why-you-should-b…
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Comment posted August 19, 2010 @ 8:15 pm
It appears that you folks appreciate all freedom save the freedom of religion. Your gay judge ruled that the 1st Amendment rights of those who oppose a new constitutional right for perverts was irrational – good luck getting that to stick.
The Eighth Circuit Court of Appeals ruled in the 2006 Nebraska case that:
1) There is no constitutional right to same sex marriage.
2) Procreation is a rational basis…
SCOTUS refused to hear this case on appeal because it did not poise a constitutional question.
I can see why you folks are happy about what your bias gay judge did; neither of you have any respect for the rule of law, the freedom of religion, or personal responsibility.
In Loving V. Virginia SCOTUS opined:
Marriage is a fundamental right; our very existence and survival is dependant upon it.
Nobody in their right mind could ever concluded that our very existence was dependant upon same sex partners rubbing their reproductive organs against each other.
Comment posted August 19, 2010 @ 9:34 pm
Randy remember how our country is founded on the principle that religion and government are separate? This has nothing to do with religion. It has to do with granting equal rights and supporting families like this one: http://ourscenetv.com/posts/163/leaving-paradis…
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Comment posted August 20, 2010 @ 1:27 pm
Religion is immutable under the United States constitution thanks to the 1st Amendment. Your gay judge implied that it was irrational to vote in favor of Prop 8 per the tenants of your faith, but the 1st Amendment affirms that not only is it rational; it also happens to be immutable.
A person of faith can no sooner oppose Prop 8 as they could abandon using opposing thumbs. The U.S. Government is required to be indifferent towards religious dogma, but the voting public has a constitutionally protected right to do so; and no judge – gay or otherwise – has the power to deny you that right.
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Comment posted September 1, 2010 @ 6:26 am
Your gay judge implied that it was irrational to vote in favor of Prop 8 per the tenants of your faith, but the 1st Amendment affirms that not only is it rational; it also happens to be immutable.
Comment posted September 2, 2010 @ 8:55 pm
You're an idiot. You have no understanding of the law or the basis for Judge Walker's decision. You are nothing but an ignorant, small minded douchebag, jealous that the gays are getting more action than you could ever dream about.
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