Proposition 8 appeal ready for the ne...

Proposition 8 appeal ready for the next step

There are 3 comments on the Santa Cruz Sentinel story from Aug 15, 2010, titled Proposition 8 appeal ready for the next step. In it, Santa Cruz Sentinel reports that:

With a Wednesday deadline looming, all sides have now weighed in with their legal arguments on whether a federal appeals court should clear the way for California to resume same-sex marriages.

Join the discussion below, or Read more at Santa Cruz Sentinel.

K Robinson

United States

#1 Aug 15, 2010
There have been statements that put to question the right to challenge the judge's overturning of proposition 8 due to lack of standing. In the light of the government's failure to challenge the decision, it is deemed safe from assault. The fact is that in the case of a direct referendum of the people, anyone who voted for the proposition has standing to challenge in this case. Had the government passed a bill that was then set aside, then only the government or a party directly aided or damaged by the action would have standing to challenge the decision. In this case, anyone who's affirmative vote is negated or who can show damage from the court's actions have standing to appeal.
curious cat

Santa Cruz, CA

#2 Aug 16, 2010
the article said:

"In court papers filed just before midnight on Friday, lawyers for the two same-sex couples who challenged Proposition 8 urged the 9th U.S. Circuit Court of Appeals to block enforcement of the same-sex marriage ban while an appeal proceeds of a federal judge's recent order declaring the law unconstitutional.

San Francisco city officials also pressed the appeals court to leave intact Chief U.S. District Judge Vaughn Walker's Aug. 4 ruling blocking enforcement of Proposition 8, narrowly passed by California voters in November 2008."

as i would vote against Prop. 8 given another chance, i vote to block an appeal. it would be beating a dead horse.

the case against Prop. 8 is slam dunk. into the trash bin, whoosh ...

“dyssonance hotmail”

Since: Mar 07

Phoenix, AZ

#3 Aug 16, 2010
K Robinson wrote:
The fact is that in the case of a direct referendum of the people, anyone who voted for the proposition has standing to challenge in this case.
This is incorrect. Appeals can only be filed by those who have direct involvement in the case itself -- they don't.

They can, however, file a separate (new) case, that challenges the ruling. It will, thusly, be a completely separate trial, with different findings of fact and so forth, but it will be going uphill, as the current ruling will still stand on precedent.

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