Yahoo front page:
Breaking News: Federal judge strikes down California’s same-sex marriage ban
Nicely done, Judge Walker…
Yahoo front page:
Breaking News: Federal judge strikes down California’s same-sex marriage ban
Nicely done, Judge Walker…
Overturned.
Link.
3 cheers for rationalism.
And he invalidated on rational basis scruntiny, the lowest level of scrutiny possible.
You can read the decision here.
Nice to be able to be proud of my state (for the most part) again.
One more for the good guys!
High Fives all around!
Any judgement on the stay?
This is awesome. Finally someone with clout calls the anti-SSM crowd on their bullshit drivel.
I did not expect this.
Better still:
Waiting to see if the religious right can still complain of bleeding-heart commie-liberal-activist judges appointed by Clinton.
ugh. that may not be the best thing.
is a finding of grounds for an EP violation (be it SS, RR, etc.) reviewed de novo or the lesser standard? anyone? Bueller?
because if it’s de novo, and if the COA and the SupCt keep rolling with rational basis review (which they may not) it’s not clear that that decision would stand.
(haven’t read the opinion - this is a knee-jerk reaction)
The judge granted a stay (at least for the next 48 hrs). So any bets on how long it’ll take to get to SCOTUS?
Minimum of a year I’d think…probably two.
They still have another appeals court in the way before the SCOTUS (and it seems after the three judge ruling they can go for an “en banc” panel of 11 judges…although I think that could be skipped and an appeal to the SCOTUS can be made instead).
Lobohan:
This is awesome. Finally someone with clout calls the anti-SSM crowd on their bullshit drivel.
Better still:
Walker, an appointee of President George H.W. Bush, heard 16 witnesses summoned by opponents of Proposition 8 and two called by proponents during a 2½-week trial in January.
<snip>
The federal challenge was filed on behalf of a gay couple in Southern California and a lesbian couple in Berkeley. They are being represented by former Solicitor General Ted Olson, a conservative, and noted litigator David Boies, who squared off against Olson in Bush vs. Gore.
SOURCE: http://latimesblogs.latimes.com/lanow/2010/08/prop8-gay-marriage.html
Waiting to see if the religious right can still complain of bleeding-heart commie-liberal-activist judges appointed by Clinton.
As an interesting (if irrelevant) side point, Ted Olson’s wife was Barbara Olson, the well-known attorney and conservative pundit (who represented Bush in Bush v. Gore) who was killed on 9/11.
Waiting to see if the religious right can still complain of bleeding-heart commie-liberal-activist judges appointed by Clinton.
The freepers are currently calling him a liberal and a homosexual.
http://www.freerepublic.com/focus/f-news/2564674/posts
Evil had truly descended upon our country. As much as I hoped America might hang on until 2012, things like this prove the cancer is terminal. I used the dread the thoughts of another CW, but now it looks like our only salvation.
This liberal activist scum Vaughn Walker should be removed from office since he didn’t recuse himself from the case. Thank God his negligence will 100% result in a reversal.
“Judge Walker had the great responsibility of deciding whether Proposition 8 violates the Constitution of the United States. He heard in-depth arguments from both sides on fundamental questions of due process, equal protection and freedom from discrimination. There are strong feelings on both sides of this issue, and I am glad that all viewpoints were respected throughout the proceedings. We should also recognize that there will continue to be different points of view in the wake of this decision.
“For the hundreds of thousands of Californians in gay and lesbian households who are managing their day-to-day lives, this decision affirms the full legal protections and safeguards I believe everyone deserves. At the same time, it provides an opportunity for all Californians to consider our history of leading the way to the future, and our growing reputation of treating all people and their relationships with equal respect and dignity.
“Today’s decision is by no means California’s first milestone, nor our last, on America’s road to equality and freedom for all people.”
Nice to be able to be proud of my state (for the most part) again.
You can’t really be all that proud with the majority of the voters in the state, but you CAN be proud of the U.S. Circuit Court. Good on em.