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Thread: Prop 8 Supreme Court Case

  1. #1

    Default Prop 8 Supreme Court Case

    Does anyone know if they are still in court over this? if they are done what the result was?

  2. #2
    old school ELECtROjan's Avatar
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    Default Re: Prop 8 Supreme Court Case

    yes, its still in court

    HERE
    UNDERWORLD - 2015 - THE PRODIGY

  3. #3
    Brackish African wmgaretjax's Avatar
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    Default Re: Prop 8 Supreme Court Case

    not done yet.

  4. #4
    Old Gay Guy gaypalmsprings's Avatar
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    Default Re: Prop 8 Supreme Court Case

    Quote Originally Posted by SepaGroove View Post
    You shouldn't feel uncool for not going to EDC, you should feel uncool because you are uncool.

  5. #5

    Default Re: Prop 8 Supreme Court Case

    thanks, now feel free to discuss the topic at hand if you so choose.

  6. #6
    Coachella Junkie fatbastard's Avatar
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    Default Re: Prop 8 Supreme Court Case

    Word on the street is that the judges are oustide on a smoke break with the Proposition 215 witnesses.
    Whiskey Sour

    2 oz blended whiskey
    Juice of 1/2 lemon
    1/2 tsp powdered sugar
    1 cherry
    1/2 slice lemon

    Shake blended whiskey, juice of lemon, and powdered sugar with ice and strain into a whiskey sour glass. Decorate with the half-slice of lemon, top with the cherry, and serve.

  7. #7
    Member EastLos01's Avatar
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    Default Re: Prop 8 Supreme Court Case

    http://news.yahoo.com/s/ap/20110614/...marriage_trial

    SAN FRANCISCO – A federal judge on Tuesday upheld a gay judge's ruling to strike down California's same-sex marriage ban. Chief U.S. District Judge James Ware said former Chief Judge Vaughn Walker did not have to divulge whether he wanted to marry his own gay partner before he declared last year that voter-approved Proposition 8 was unconstitutional.

    Lawyers for backers of the ban argued at a hearing Monday that Walker should have recused himself or disclosed his relationship because he and his partner stood to personally benefit from the verdict.

    Walker publicly revealed after he retired in February that he is in a 10-year relationship with a man. Rumors that he was gay had circulated before and after he presided over the trial in early 2010.

    Ware said the ruling by Walker, who did not attend Monday's hearing, raised important questions and called it the first case in which a judge's same-sex relationship had led to calls for disqualification.

    He said there probably were similar struggles when race and gender were the issues.

    Many legal scholars did not expect Ware to overturn Walker's decision. They said having a judge's impartiality questioned because he is gay is new territory, but efforts to get female judges thrown off gender discrimination cases or Hispanic judges removed from immigration cases have failed.

    Theodore Boutrous Jr., part of the legal team representing the two gay couples who filed the lawsuit against Proposition 8, called Cooper's arguments frivolous, offensive and unfortunate. He said Walker was being targeted because he is gay.
    You know, but that's valid because if we are all gonna die anyway shouldn't we be enjoying ourselves now? You know, I'd like to quit thinking of the present, like right now, as some minor insignificant preamble to something else.

    ---------------------------------------------------
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  8. #8
    Coachella Junkie Miroir Noir's Avatar
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    Default Re: Prop 8 Supreme Court Case

    Ninth Circuit upholds Federal District Court, rules Prop. 8 violates the United States Constitution. Next stop, Supreme Court of the United States.
    Quote Originally Posted by canexplain View Post
    To you guys I say Wat?????????? Off to ?????? ....... cr****
    Quote Originally Posted by TomAz View Post
    It's hard to argue with that.

  9. #9
    Member Newro7ic's Avatar
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    Default Re: Prop 8 Supreme Court Case

    WHAT'S NEXT? PEOPLE MARRYING THEIR DOGS? SAYING, "I DO!", TO A STAPLER? THE END IS NIGH!
    Quote Originally Posted by bmack86 View Post
    Women just obviously can't write creative music. They're all ripping off the Beatles, who were men. Duh.

  10. #10
    old school RageAgainstTheAoki's Avatar
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    Default Re: Prop 8 Supreme Court Case

    Good day. Jeffrey Toobin actually thinks this particular case will end here at the 9th Circuit due to its very narrow scope. But, there are several other cases one of which will likely make it to the Supreme Court.

  11. #11
    Coachella Junkie Miroir Noir's Avatar
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    Default Re: Prop 8 Supreme Court Case

    I would be shocked if SCOTUS doesn't take cert.
    Quote Originally Posted by canexplain View Post
    To you guys I say Wat?????????? Off to ?????? ....... cr****
    Quote Originally Posted by TomAz View Post
    It's hard to argue with that.

  12. #12

    Default Re: Prop 8 Supreme Court Case

    If the supreme court also finds prop 8 unconstitutional will every state have to honor same sex marriage?

  13. #13
    Banned marooko's Avatar
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    Default Re: Prop 8 Supreme Court Case

    I want to marry a dead dog.

  14. #14
    Brackish African wmgaretjax's Avatar
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    Default Re: Prop 8 Supreme Court Case

    Quote Originally Posted by Starraven View Post
    If the supreme court also finds prop 8 unconstitutional will every state have to honor same sex marriage?
    no. the 9th circuit holding is narrower than that. (theoretically SCOTUS COULD rule on the broader issue, but it is unlikely)

    i also think there is a good chance that SCOTUS does not grant cert. not sure this is the appropriate case to evaluate the issue.

  15. #15
    Coachella Junkie Miroir Noir's Avatar
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    Default Re: Prop 8 Supreme Court Case

    Probably not. The legal framework of the case is this: the law's opponents are arguing that by taking away the right to marriage conferred by the California Supreme Court, Prop. 8 had the effect of violating the equal protection of gay and lesbian Californians. This is a different argument than the broader claim that equal protection or other constitutional principles require that marriage rights be expanded to gays and lesbians (which is essentially what the California Supreme Court concluded pre-Prop. 8). The US Supreme Court would be dealing less with the broad issue of who has a right to marry under the constitution (which is the type of issue that would a sweeping impact over the laws and constitutions of other states), and more with the specific issue of whether Prop. 8's particular history and effect violated equal protection by removing specific rights that had already been recognized.
    Quote Originally Posted by canexplain View Post
    To you guys I say Wat?????????? Off to ?????? ....... cr****
    Quote Originally Posted by TomAz View Post
    It's hard to argue with that.

  16. #16
    Coachella Junkie Miroir Noir's Avatar
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    Default Re: Prop 8 Supreme Court Case

    My thought is that SCOTUS takes this case specifically because it does raise important federal questions directly related to the Court's earlier decision in Romer. The Court doesn't have to preematurely address the question of who has the right to marry in this litigation, something that would scare off Justices on both sides of the ideological divide. Also, this would also be Justice Kennedy's chance to finish off a gay rights trifecta before he retires, which I imagine would be important to his sense of self-importance and historical place.
    Quote Originally Posted by canexplain View Post
    To you guys I say Wat?????????? Off to ?????? ....... cr****
    Quote Originally Posted by TomAz View Post
    It's hard to argue with that.

  17. #17
    old school RageAgainstTheAoki's Avatar
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    Default Re: Prop 8 Supreme Court Case

    If you want to dive a bit deeper into this particular case and where it might be headed next, Ari Ezra Waldman, law professor and Harvard Law School grad is writing some very interesting, indepth analysis at Towleroad.

    His latest posting on Towleroad.
    He'll also be posting via Twitter: @ariezrawaldman


    Also, he looks like this:


  18. #18
    Coachella Junkie Miroir Noir's Avatar
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    Default Re: Prop 8 Supreme Court Case

    Update: Ninth Circuit declines en banc review. Conservative judges file a whiny dissent from the denial of review, cite to President Obama's endorsement of gay marriage (which of course has fuck-all nothing to do with the case). The next step is for Prop. 8 supporters to file a cert petition with the U.S. Supreme Court asking it to review the case.
    Quote Originally Posted by canexplain View Post
    To you guys I say Wat?????????? Off to ?????? ....... cr****
    Quote Originally Posted by TomAz View Post
    It's hard to argue with that.

  19. #19
    old school Somewhat Damaged's Avatar
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    Default Re: Prop 8 Supreme Court Case

    You seem to have your finger on the pulse of stuff like this, Miroir Noir. The Supreme Court is undoubtedly going to place the case on the docket of their next session, yeah? How do you think they're going to rule? 5-4 in whose favor?
    Quote Originally Posted by stinkbutt View Post
    It's like finding out an old high school buddy is on meth, and you're not sure if any of the rumors of him giving handies behind Burger King are true but they very likely could be.

  20. #20

    Default Re: Prop 8 Supreme Court Case

    I have a gay friend
    "why are you so annoying" TheKlein25

  21. #21
    Member hendrixfan143's Avatar
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    Default Re: Prop 8 Supreme Court Case

    Quote Originally Posted by SlowMotionApocalypse View Post
    I have a gay friend
    me too we are awesome

  22. #22
    Peaceful Oasis TomAz's Avatar
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    Default Re: Prop 8 Supreme Court Case

    I bet more of your friends are gay than you realize.
    Quote Originally Posted by efrain44 View Post
    Anyone know who the guy in the Cardinals jersey is? I've seen him in pictures on the board and I thought I saw him this year.

  23. #23

    Default Re: Prop 8 Supreme Court Case

    Quote Originally Posted by TomAz View Post
    I bet more of your friends are gay than you realize.
    More than will admit it, that's for sure.
    "why are you so annoying" TheKlein25

  24. #24

    Default Re: Prop 8 Supreme Court Case

    Quote Originally Posted by SlowMotionApocalypse View Post
    I have a gay friend
    I know you're being facetious, but I hate when people drop this fact, HOMOPHOBIA INSTANTLY NEGATED BAM!

  25. #25
    Peaceful Oasis TomAz's Avatar
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    Default Re: Prop 8 Supreme Court Case

    Mitch help me understand appeals strategy here. What did the appellants hope to gain had they been granted a review before the full court? Did they really expect a different ruling or is this just a step they have to take before appealing further?
    Quote Originally Posted by efrain44 View Post
    Anyone know who the guy in the Cardinals jersey is? I've seen him in pictures on the board and I thought I saw him this year.

  26. #26
    Coachella Junkie Miroir Noir's Avatar
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    Default Re: Prop 8 Supreme Court Case

    Quote Originally Posted by Somewhat Damaged View Post
    You seem to have your finger on the pulse of stuff like this, Miroir Noir. The Supreme Court is undoubtedly going to place the case on the docket of their next session, yeah? How do you think they're going to rule? 5-4 in whose favor?
    This one is an extremely difficult call. You're right: the first question is whether the Court agrees to hear the case at all. If they elect not to hear the case, the Ninth Circuit's decision is affirmed, and gay marriage is legal in California. It takes four Supreme Court Justices to agree to hear a case, and I'm not sure there are four votes for a variety of reasons: 1) on its face, the case doesn't present the type of substantial federal constitutional issue or division in opinion among various federal courts that traditionally calls out for Supreme Court review, 2) no one is exactly sure that there are five votes for or against gay marriage on the Supreme Court, and judges on either side of the issue risk losing if they vote to hear the case, and 3) the Supreme Court is already loaded with huge, controversial cases this term (health care reform) and next (affirmative action, the Voting Rights Act, and -- notably -- another gay rights case in the form of the challenge to DOMA), and the Justices may be hesitant to add on one more extra controversial case on top of everything else they've already waded into. On the other hand, the reason for taking the case is obvious: this is the signature civil rights issue of the day, and one that both sides of the debate are heavily invested in. It's a potentially once-in-a-generation type case, and the vanity of many of the Supreme Court Justices will likely drive them to accept the case.

    As for a potential ruling, I'm not sure what will happen. The "swing" vote on the case is Anthony Kennedy, a conservative that has a reputation for being a moderate, but who actually votes pretty regularly with the four other conservatives on the court. Gay issues are, however, one of the issues on which he has earned his moderate reputation. He has personally written the Court's two most significant pro-gay rights opinions, and he is not afraid of writing sweeping, bold opinions on highly-charged issues (just as he wrote the opinion that overturned laws criminalizing gay sex in 2003, he also wrote the controversial Citizens United opinion in 2010 on campaign finance). However, just because Justice Kennedy has shown a willingness to use the Fourteenth Amendment to protect gay rights, I'm not sure that he and the Court's liberals would be fully comfortable using the unique circumstances of the complicated Prop 8 litigation to announce a constitutional right to gay marriage. It would seem more likely that the Court would follow the Ninth Circuit's narrowly-crafted opinion and rule that Prop. 8 was constitutionally illegitimate without announcing a broader constitutional right for gay Americans to marry same-sex partners. I think Kennedy's analysis in his earlier gay rights decisions would support that type of reasoning, and I think the Court's liberals would be satisfied to go along with that limited rationale, withholding overall constitutional judgment on same sex marriage until a broader national consensus builds for marriage equality in more states.

    If you pressed me, I'd say it's slightly more likely than not that the Court takes this case, slightly more likely than not that it upholds the Ninth Circuit in overturning Prop. 8, and unlikely that it finds a constitutional right for same-sex marriage.
    Quote Originally Posted by canexplain View Post
    To you guys I say Wat?????????? Off to ?????? ....... cr****
    Quote Originally Posted by TomAz View Post
    It's hard to argue with that.

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  28. #28
    Coachella Junkie Miroir Noir's Avatar
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    Default Re: Prop 8 Supreme Court Case

    Quote Originally Posted by TomAz View Post
    Mitch help me understand appeals strategy here. What did the appellants hope to gain had they been granted a review before the full court? Did they really expect a different ruling or is this just a step they have to take before appealing further?
    I have wondered that myself. The first strategy that they may have been hoping for was to draw a disproportionately conservative panel for the en banc review. It would have been an extreme long shot, but something that was theoretically possible. Another strategy may have been that they were looking to find a Ninth Circuit conservative to write a better dissent than Judge Smith did in the three-judge panel. A better dissent could possibly frame the case better for Justice Kennedy. Judge Smith's dissent was fairly ambivalent, and your various anti-gay marriage groups roundly excoriated it for not rising to the challenge. A final strategy is that they were simply looking to stall the case for as long as possible while this litigation moves forward, the idea being that Prop. 8 remains the status quo for a longer period of time and that intervening political events could somehow help build support in favor of it before SCOTUS reviews it.
    Quote Originally Posted by canexplain View Post
    To you guys I say Wat?????????? Off to ?????? ....... cr****
    Quote Originally Posted by TomAz View Post
    It's hard to argue with that.

  29. #29
    Peaceful Oasis TomAz's Avatar
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    Default Re: Prop 8 Supreme Court Case

    I guess I don't understand en banc review, if it involves drawing a panel.
    Quote Originally Posted by efrain44 View Post
    Anyone know who the guy in the Cardinals jersey is? I've seen him in pictures on the board and I thought I saw him this year.

  30. #30

    Default Re: Prop 8 Supreme Court Case

    Quote Originally Posted by hangthedj112 View Post
    I know you're being facetious, but I hate when people drop this fact, HOMOPHOBIA INSTANTLY NEGATED BAM!
    I still like Judas Priest.
    "why are you so annoying" TheKlein25

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