Ninth Circuit Denies Request to Vacate Stay, Keeps Prop 8 in Effect During Appeal

[Newsjock]

Source: Metro Weekly

In a brief order issued today, the U.S. Court of Appeals for the Ninth Circuit denied the plaintiffs' request to vacate its earlier stay order, which is keeping Proposition 8 in effect during the appeal of the Perry v. Brown challenge to the marriage amendment.

The order, from the three judges hearing the appeal:

Having considered all of the factors set forth in Nken v. Holder, 129 S. Ct. 1749, 1756 (2009), and all of the facts and circumstances surrounding Plaintiffs’ motion to vacate the stay pending appeal, as well as the standard for vacatur set forth in Southeast Alaska Conservation Council v. U.S. Army Corps of Engineers, 472 F.3d 1097, 1101 (9th Cir. 2006), we deny Plaintiffs’ motion at this time.

Read more: http://www.metroweekly.com/poliglot/2011/03/ninth-circuit-denies-request-t.html

[Freddie Stubbs]

1. Appeals panel refuses to allow same-sex marriages during court fight

Source: CNN

(CNN) -- A federal appeals court in San Francisco on Wednesday refused again to allow same-sex marriages in California while a case on the issue works its way through the courts.

Last year, a federal judge declared that Proposition 8, a voter-approved measure banning same-sex marriages in California, was unconstitutional.

The civil rights challenge is now at the U.S. Court of Appeals for the 9th Circuit, where the issue is still unresolved.

Several gay and lesbian couples asked the court to be allowed to wed in the meantime. However, the three-judge appellate panel issued a brief order Wednesday that rejected the motion "at this time."

Read more: http://www.cnn.com/2011/CRIME/03/23/same.sex.marriage/index.html

[msongs]

2. Mormons imposing their religion on California and getting away with it nt

[Freddie Stubbs]

3. I doubt that there are 7 million Mormons in California

[KamaAina]

4. No, there are not

but apparently there are 7 million "gentiles" (their word) who were bamboozled by the relentless onslaught of Mormon- (and, lest we forget, Catholic-) funded pro-Prop H8 propaganda. :grr:

[Freddie Stubbs]

20. The people who voted for it knew what they were getting

Even in a state like California, there are a lot of people with outdated views on this issue. The problem was that those people were more likely to vote. Fortunately, due changing demographics, those people will soon be a minority of CA voters.

[defendandprotect]

23. No -- from what I've heard, the "Yes" or "No" was confusing ....

[onenote]

27. not really

I wish the wording of prop 8 could be blamed for the result, but it really wasn't confusing:

Section I. Title
This measure shall be known and may be cited as the "California Marriage Protection Act."

Section 2. Article I. Section 7.5 is added to the California Constitution. to read:
Sec. 7.5. Only marriage between a man and a woman is valid or recognized in California.

[Freddie Stubbs]

29. It doesn't get much more straightforward than that

[No Elephants]

15. No, but I bet there were more than 7 million Mormon dollars in Cali-

fornia, spreading lies about gay marriage. It was a massive effort, mastermminded and funded, directly or indirectly, from Salt Lake.

[Freddie Stubbs]

21. Who is on the Mormon $1 bill? Brigham Young?

[defendandprotect]

24. ERA was also knocked out long ago by church funded campaigns against it --

Certainly from the Vatican --

i.e., they used their "tax exempt" dollars to defeat an amendment for equality of

citizens!!

[EFerrari]

9. Invited in by their pal, the Archbishop in San Francisco who used to work in Salt Lake.

http://en.wikipedia.org/wiki/George_Hugh_Niederauer

[defendandprotect]

25. Organized patriarchal religion's right to preach intolerance and hatred for homosexuals -- !!!

:sarcasm: -- just in case!!

[MineralMan]

5. So, the wait resumes. When will the arguments be heard?

This moves too slowly to suit me. Of course, I'm in Minnesota, and the 2010 takeover of both houses of our legislature by the Republicans closes the door on a legislative solution. I hope we can turn it back around in 2012, but it's going to take a better turnout statewide.

[Freddie Stubbs]

6. Whatever happens, it will likley be appealed to the Supreme Court

[MineralMan]

7. Yes. And how that court will decide, if it decides to hear the case,

is undetermined.

[Freddie Stubbs]

11. Personally, that is what scares me the most about this

Hopefully there is another referendum before then, so that the case will be moot. The last thing that we need is the USSC establishing a bad precedent on this.

[No Elephants]

13. I agree.

[No Elephants]

14. Scalia has already (and IMO, improperly) signalled his position.

And, if Thomas runs true to the overwhelming majority of his votes, he'll vote with Scalia. It may well come down to Kennedy, an older male who is both Republican and Catholic--not exactly a member of the most pro-gay demographic.

[David__77]

17. He's authored from pretty pro-gay positions.

I am skeptical either way. The most desirable outcome is a national ruling for same sex marriage rights. That would be far preferable to a protracted legislative battle, despite what some may say.

[defendandprotect]

26. Scalia should recuse himself -- and would Kennedy sell his soul ... again?

[Hepburn]

8. Right, the 9th cir. is sooooooooo FN librul...

...:eyes:

[Freddie Stubbs]

12. If they had vacated the stay, and the law was eventually upheld, it would cause

a legal headache for people whose marriages would be invalidated.

[No Elephants]

16. Many marriages are already in that position, Ellen De Generes's being perhaps

the most well-known.

[Freddie Stubbs]

18. No. The marriages which occured before the referendum CANNOT be invalidated.

That would be an ex post fact law, which is unconstitutional.

[EFerrari]

10. I assume that no one mentioned the likely corruption of the vote in LA County

because somehow, that would be immaterial.

EDA Study Shows 2008 CA Prop 8 Results Appear to Have Been Corrupted

The following study of suspect Proposition 8 election results in Los Angeles County, CA, is drawn from data gathered in EDA's Election Verification Exit Poll (EVEP) analysis of the 2008 Presidential election, which reports similarly questionable election results in several states.

Although this exit poll analysis cannot provide conclusive proof of election fraud (because such proof would require access to memory cards and computer code accorded proprietary exemption from public examination) it does provide the strongest indirect proof available that election results have almost certainly been altered by manipulation of the computerized voting systems.

Deviations between exit polls and official results far outside margins of error, cannot be explained away by demographics or polling factors. The facts established in these reports cannot responsibly be dismissed or evaded.

Election Defense Alliance calls on legislators, secretaries of state, attorneys general, the voting public, and especially candidates in upcoming elections, to read these reports and seriously confront their implications.

http://electiondefensealliance.org/CA-Prop-8-Corrupted

I note that the EDA is not a GLBT advocacy group, but an election watchdog group.

[Freddie Stubbs]

19. Those opposing the referendum for some reason have not brought this up

Perhaps they believe that it is reasonable that some people lie in exit polls.

[EFerrari]

22. An awful lot of coincidences that would have to be true.

All the polling before the election plus enough people "lying" to get this result.

It's too bad we have to guess at results when we vote. And it's too bad that exit polls no longer work in the United States but work fine all over the rest of the world.

[defendandprotect]

28. Which is why GOP has been disappearing Exit polls ... evidently,

quite a number of the Governorship wins this past election were a "surprise" -- !!

Why are we still voting on GOP computers?

We also have a problem with corporate-press/MSM using the LARGE computers which gave

them new powers to PREDICT and CALL elections -- to PREDICT and CALL Electoral College

votes - to PREDICT and CALL winners and losers -- including new presidents!

What we saw in 2000 was simply a REVERSAL of those new powers --

Many think our problems with computers began in 2000 --

but LARGE computers began to come in during the mid-1960's -- and the smaller voting

computer in late-1960's. I'd question every election back to Nixon/Humphrey!


Also see: Votescam - The Stealing of America

http://www.constitution.org/vote/votescam__.htm

Two Florida journalists immediately began to investigate computer voting in their state

in the late 1960's --

[EFerrari]

30. Yes, I'm familiar with Votescam.

I knew there was something wrong with L.A. County that night. It's too young and too diverse for that result on H8.

If you want to win a proposition here, you have to win L.A. County, basically.

Plus, the memory of the weeks it took to get a result in the presidential primary was still fresh.

[defendandprotect]

31. Agree -- based on this being a liberal nation --

organized pariarchal religion is going down -- especially with the young.

Democracy paves the way for more democracy, it seems!! :)

Even with many more Hispanics -- and even Catholics -- they seem to be even

more liberal than American Catholics!! And they are all ignoring Popey!