The Ninth Circuit's Prop 8 Ruling: Wh...

The Ninth Circuit's Prop 8 Ruling: What To Expect Tomorrow?

There are 29 comments on the www.towleroad.com story from Feb 6, 2012, titled The Ninth Circuit's Prop 8 Ruling: What To Expect Tomorrow?. In it, www.towleroad.com reports that:

The Ninth Circuit will issue a much-anticipated opinion in the Prop 8 case, Perry v. Brown, tomorrow... Today, I would like to preview the decision, answer some questions, and prepare us for the momentous events of tomorrow.

Join the discussion below, or Read more at www.towleroad.com.

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Since: Mar 09

Location hidden

#22 Feb 7, 2012
Rick in Kansas wrote:
<quoted text>This opinion is good for the states that already have marriage, or will pass it in the future, not so good for challenges to other state amendments. They went out of their way to point out that they weren't recognizing a right to marry someone of the same sex, only that once the right has been extended, it can't be taken away like they did.
I haven't finished glossing all the precedents cited, but didn't they use one of the Federal Decisions that said that Marriage IS a Federally protected Right of every Citizen?
Tucksun Jack

Tucson, AZ

#23 Feb 7, 2012
snyper wrote:
<quoted text>
I haven't finished glossing all the precedents cited, but didn't they use one of the Federal Decisions that said that Marriage IS a Federally protected Right of every Citizen?
In 1967 SCOTUS said that marriage was a FUNDAMENTAL RIGHT, and protected under the U.S. Constitution, in Loving v. Virginia.

In this latest decsion, I believe the appeals court cited Romer v. Evans.
Tucksun Jack

Tucson, AZ

#24 Feb 7, 2012
btw, I just read that the Prop. 8 supporters now face a deadline of February 28 to file an appeal.

Does anyone know IF the Prop 8 supporters ask the full 9th Circuit Court Of Appeals to hear the case, is there also a deadline for the court to say whether the will hear the appeal or not ?

Also, I do not believe SCOTUS will agree to hear this case.

Since: Mar 09

Location hidden

#25 Feb 7, 2012
Tucksun Jack wrote:
btw, I just read that the Prop. 8 supporters now face a deadline of February 28 to file an appeal.
Does anyone know IF the Prop 8 supporters ask the full 9th Circuit Court Of Appeals to hear the case, is there also a deadline for the court to say whether the will hear the appeal or not ?
Also, I do not believe SCOTUS will agree to hear this case.
Yes, they have a period during which they must individually vote. I can't remember the timeframe precisely. It isn't very long, unlike SCOTUS Certiorary.
Tucksun Jack

Tucson, AZ

#26 Feb 7, 2012
snyper wrote:
<quoted text>
Yes, they have a period during which they must individually vote. I can't remember the timeframe precisely. It isn't very long, unlike SCOTUS Certiorary.
Assuming it's a reasonable timeframe (60 - 180 days maybe ?), we should be able to know for certain if marriages can begin again in Cali before the end of this year, as I do NOT think that SCOTUS will agree to hear this case if it is appealed to them.

Since: Mar 09

Location hidden

#27 Feb 8, 2012
Tucksun Jack wrote:
<quoted text>
Assuming it's a reasonable timeframe (60 - 180 days maybe ?), we should be able to know for certain if marriages can begin again in Cali before the end of this year, as I do NOT think that SCOTUS will agree to hear this case if it is appealed to them.
The dissenting opinion makes it a possibility.

I want an en banc. I really, really , really do.

“ reality, what a concept”

Since: Nov 07

this one

#28 Feb 8, 2012
Tucksun Jack wrote:
Time is on our side and history has shown that while I agree with you that the courts may not apply Romer v. Evans today, they may do so tomorrow.
Remember that many people thought that Bowers v. Hardwicke was constituionally sound, logical, and common sense. Yet when Bowers v. Hardwicke was overturned by Lawrence v. Texas, and was SPECIFICALLY REPUDIATED in that decision, neither the law nor the U.S. Constitution had changed in the intervening years.
A group of people looking at exactly the same text, 17 years apart, came to opposite conclusions. What changed ?
What happened between Bowers and Lawrence was that more than half of the states which still had consensual sodomy laws on the books when Bowers was decided, either repealed them or had them overturned by their state courts. No matter who is on the Supreme Court, the one thing they really have in common is that they rarely want to get out ahead of public opinion on any given subject. Take anti-miscegenation laws for example, in 1889, when they decided Pace v Alabama, the Court bought into the exact same argument that they rejected in Loving. The difference between the two was that the majority of states which had such laws had gotten rid of them on their own. For same sex marriage, our Pace and Bowers is Baker v Nelson, the trick is going to be finding the logical tipping point to overturn it.

“ reality, what a concept”

Since: Nov 07

this one

#29 Feb 8, 2012
snyper wrote:
I haven't finished glossing all the precedents cited, but didn't they use one of the Federal Decisions that said that Marriage IS a Federally protected Right of every Citizen?
They briefly mentioned Loving, but went out of their way to say that their ruling in Perry wasn't extending the right guaranteed in that case to same sex couples. They relied almost exclusively on the Romer case to say that rights which are recognized under state constitutions cannot be arbitrarily taken away, to do so violates equal protection guarantees under the US Constitution.

“ reality, what a concept”

Since: Nov 07

this one

#30 Feb 8, 2012
Tucksun Jack wrote:
btw, I just read that the Prop. 8 supporters now face a deadline of February 28 to file an appeal.
Does anyone know IF the Prop 8 supporters ask the full 9th Circuit Court Of Appeals to hear the case, is there also a deadline for the court to say whether the will hear the appeal or not ?
Also, I do not believe SCOTUS will agree to hear this case.
From what I've read, responses to a request for an en banc hearing from the 9th Circuit is a "few" weeks, so I am assuming that by mid-April we would know if they are going to hear it. But it can be appealed directly to the Supremes at this point, given that the decision of an en banc hearing is almost certainly the one that they already have. While I agree with you that the SCOTUS is unlikely to want to go here, a legal writer whose opinion I respect, disagrees with us:
http://www.topix.com/news/gay/2012/02/thought...

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