Tag Archives: Ninth Circuit Court.

Let’s Make It 32! – Ninth Circuit Court Strikes Down Marriage Bans In Nevada & Idaho!

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IDAHO - NEVADA

 

Press release from the  National Center for Lesbian Rights.

“Today’s decision, written by Judge Stephen Reinhardt, holds that “Idaho and Nevada’s marriage laws, by preventing same-sex couples from marrying and refusing to recognize same-sex marriages celebrated elsewhere, impose profound legal, financial, social and psychic harms on numerous citizens of those states.” The decision further states: “Classifying some families, and especially their children, as of lesser value should be repugnant to all those in this nation who profess to believe in ‘family values.’ In any event, Idaho and Nevada’s asserted preference for opposite-sex parents does not, under heightened scrutiny, come close to justifying unequal treatment on the basis of sexual orientation.”

The Idaho case was brought in November 2013 by four same-sex couples: Sue Latta and Traci Ehlers, Lori and Sharene Watsen, Shelia Robertson and Andrea Altmayer, and Amber Beierle and Rachael Robertson. The couples are represented by Idaho attorneys Deborah Ferguson and Craig Durham of Ferguson Durham LLP and the National Center for Lesbian Rights (NCLR). On September 8th, Ferguson argued before Ninth Circuit Judges Stephen Reinhardt, Marsha S. Berzon, and Ronald M. Gould that Idaho’s laws that ban marriage equality and prohibit the state from respecting the marriages of same-sex couples who married in other states violate the U.S. Constitution. The Idaho case was consolidated for purposes of the decision with Sevcik v. Sandoval, a case challenging Nevada’s marriage ban brought by same-sex couples represented by Lambda Legal.”

Read the ruling HERE

I would like to make something clear here.  All of this is because of Edith Windsor.  HER case in the Supreme Court made the difference.  Chad Griffin, Prop 8, HRC, Freedom to Marry, and others cannot and should not try to take or be given any credit for this.  It all belongs to Edith Windsor.

9th Circuit Court of Appeals Finds Proposition 8 UNCONSTITUTIONAL! But It Ain’t Over Yet.

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Its taken many years and may years in court but FINALLY a decision by a panel of the U.S. 9th Circuit Court of Appeals found that Proposition 8, the 2008 ballot measure that limited marriage to one man and one woman, violated the U.S. Constitution.

The ruling upholds a decision by retired Chief U.S. District Judge Vaughn R. Walker, who struck down the ballot measure in 2010 after holding an unprecedented trial on the nature of sexual orientation and the history of marriage.

But its probably not over.  ProtectMarriage, the backers of Proposition 8, can and will probably appeal todays decision to a larger panel of the 9th Circuit or go directly to the U.S. Supreme Court.

Unfortunately the Ninth Circuit Court of Appeals has ruled that the stay against performing same sex marriages will stay in place until the appeal process is through.

But it is a VICTORY.  But unfortunately its far from over yet kids.

BREAKING NEWS: Ninth Circuit Court Of Appeals Stays Injunction Against Enforcing DADT

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Typical.  The Ninth Circuit Court of Appeals has granted the DOJ’s emergency request for a temporary stay on Judge Virginia Phillips’ order to stop enforcing DADT.

This court has received appellant’s emergency motion to stay the district court’s October 12, 2010 order pending appeal. The order is stayed temporarily in order to provide this court with an opportunity to consider fully the issues presented. Appellee may file an opposition to the motion for a stay pending appeal by October 25, 2010. To expedite consideration of the motion, no reply shall be filed

Obama just brough DADT back to life on HIS WATCH. 

HE IS NOW RESPONSIBLE FOR DADT/BEING BACK ON THE BOOKS.

Olsen and Boies File Brief On Behalf Of Plaintiffs In Prop 8 Case With Ninth Circuit Court Demanding That The Prop 8 Decision Stand

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Attorneys Ted Olson and David Boies filed a brief late yesterday to the Ninth Circuit Court of Appeals demanding that the ruling striking down Proposition 8 must stand.

“Fourteen times the Supreme Court has stated that marriage is a fundamental right of all individuals. This case tests the proposition whether the gay and lesbian Americans among us should be counted as ‘persons’ under the 14th Amendment, or whether they constitute a permanent underclass ineligible for protection under that cornerstone of our Constitution,” attorneys Theodore B. Olson and David Boies wrote in their filing. 

“Proponents and their amici now attempt to fill the evidentiary void they left in the district court with an avalanche of non-record citations, distortions and misstatements regarding the proceedings below, and baseless attacks on the good faith of the district court. The tactic is unfortunate, unbecoming and unavailing. The governmental interests Proponents assert have been affirmatively disavowed by California, or have no basis in reality, or both. The fact is, as the testimony of 19 witnesses and 900 trial exhibits introduced into evidence amply demonstrates, there is no good reason—indeed, not even a rational basis—for California to exclude gay men and lesbians from the institution of civil marriage, the most important relation in life.”

You really have to admire Ted Olsen and David Boies. 

Read the full introduction here or read the embedded legal documents after the jump

BREAKING NEWS! : Ninth Circuit Court Grants STAY Of Prop 8 Overturn Pending Appeal – OMFG!

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Even after Protect Marriages piece of crap appeal the Ninth Circut has gratnted the Stay amd same sec marriage WILL NOT return to California until (hopefully) after the appeal.

Filed order (EDWARD LEAVY, MICHAEL DALY HAWKINS and SIDNEY R. THOMAS) Appellants’ motion for a stay of the district court’s order of August 4, 2010 pending appeal is GRANTED. The court sua sponte orders that this appeal be expedited pursuant to Federal Rule of Appellate Procedure 2. The provisions of Ninth Circuit Rule 31-2.2(a) (pertaining to grants of time extensions) shall not apply to this appeal. This appeal shall be calendared during the week of December 6, 2010, at The James R. Browning Courthouse in San Francisco, California. The previously established briefing schedule is vacated. The opening brief is now due September 17, 2010. The answering brief is due October 18, 2010. The reply brief is due November 1, 2010. In addition to any issues appellants wish to raise on appeal, appellants are directed to include in their opening brief a discussion of why this appeal should not be dismissed for lack of Article III standing. See Arizonans For Official English v. Arizona, 520 U.S. 43, 66 (1997). IT IS SO ORDERED. [7441574] (JS)

The Govenor of California wanted the STAY lifted, The Attorney General of California wanted the Stay lifted. 

The ONLY bright side is that in reading the above leaglese it states:  “In addition to any issues appellants wish to raise on appeal, appellants are directed to include in their opening brief a discussion of why this appeal should not be dismissed for lack of Article III standing.”  Which might mean that the 9th Circuit is likely to reject this appeal due to the haters’ lack of standing.