Nevada officials won't defend gay marriage ban

Feb 10, 2014 Full story: WBOC-TV Salisbury 10

Nevada's attorney general and governor said Monday that they won't defend the state's gay marriage ban when it goes before a federal appeals court, saying that a recent court decision makes the state's arguments supporting its constitutional amendment "no longer defensible."

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“ WOOF ! ”

Since: Nov 12

33.00, -111.51

#1 Feb 10, 2014
The day is in sight when we will have JUSTICE in all 50 states.

“ reality, what a concept”

Since: Nov 07

this one

#2 Feb 10, 2014
When you consider that she had won on the trial level, declining to proceed at this point tells you just what's in store for these bans.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#4 Feb 11, 2014
And significantly the Republican Gov agrees the ban is indefensible.

So the big question is how does this affect the case?

According to the article that leaves no state officials defending the ban. Does this mean a summary judgment in favor of the plaintiffs?

And does that mean the ruling would only apply to Nevada but not the rest of the states in the 9th circuit- i.e. ID, AK, MT, OR, AZ?

And with no state official defending the ban, there is no one to appeal the 9th circuit's ruling to the SCOTUS?

So many questions...

“ WOOF ! ”

Since: Nov 12

33.00, -111.51

#5 Feb 11, 2014
WeTheSheeple wrote:
And significantly the Republican Gov agrees the ban is indefensible.
So the big question is how does this affect the case?
According to the article that leaves no state officials defending the ban. Does this mean a summary judgment in favor of the plaintiffs?
And does that mean the ruling would only apply to Nevada but not the rest of the states in the 9th circuit- i.e. ID, AK, MT, OR, AZ?
And with no state official defending the ban, there is no one to appeal the 9th circuit's ruling to the SCOTUS?
So many questions...
Stay tuned ! SAME BAT-TIME. SAME BAT-CHANNEL !

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#6 Feb 11, 2014
Another question-

When is the hearing scheduled at the 9th circuit?

Who is the panel of judges?

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#7 Feb 11, 2014
The MOST frustrating part is how the process is so disorganized, with no set timelines.

“ reality, what a concept”

Since: Nov 07

this one

#8 Feb 11, 2014
The other states with bans in the district, have likely already briefed the court as to their position on this, so this round should proceed to ruling without a hearing. Given that whatever the court rules would set the precedent for the others, they would have standing on appeal to the Supremes, even without Nevada's cooperation.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#9 Feb 12, 2014
Rick in Kansas wrote:
The other states with bans in the district, have likely already briefed the court as to their position on this, so this round should proceed to ruling without a hearing. Given that whatever the court rules would set the precedent for the others, they would have standing on appeal to the Supremes, even without Nevada's cooperation.
Interesting point; I hadn't though about that aspect.

Regardless, I think the SCOTUS will likely deny any cert request until they get conflicting opinions from 2 or more appeals courts.

“ WOOF ! ”

Since: Nov 12

33.00, -111.51

#10 Feb 12, 2014
WeTheSheeple wrote:
<quoted text>
Interesting point; I hadn't though about that aspect.
Regardless, I think the SCOTUS will likely deny any cert request until they get conflicting opinions from 2 or more appeals courts.
I agree. I think a SCOTUS opinion on this is 2 or 3 years down the pike, but no longer than that.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#11 Feb 12, 2014
Fa-Foxy wrote:
<quoted text>
I agree. I think a SCOTUS opinion on this is 2 or 3 years down the pike, but no longer than that.
Yep, it all depends on how quickly the various appeals courts rule, and the more conservative courts- 6th & 5th- tend to move slower.

My main concern is a ruling from the SCOTUS in Jun 2016 just as the presidential election is getting in full gear, injecting an extremely divisive social issue into the political process.

Oh well, nothing we can do about it but roll with it and hope for the best.

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