m******1
发帖数: 19713 | 1 Dear XXX,
The Ninth Circuit Court has just released its opinion on the Proposition 8
case. The Court has asked the California Supreme Court to consider whether
Protect Marriage -- the campaign that put Prop. 8 on the ballot -- has
standing to appeal. The Court also ruled that Imperial County, which had
tried to intervene in the case, does not have standing to appeal.
Equality California’s amicus briefs helped shape the Court’s opinion. We
were the only party to file an amicus brief on Imperial County’s attempt to
intervene, contending exactly what the Court found -- that the County does
not have standing. The Ninth Circuit Court is also sending the California
Supreme Court our second amicus brief that contends that Protect Marriage
also does not have standing to appeal. Our amicus brief is the only amicus
brief from our side they are sending the California Supreme Court, out of
the 25 total amicus briefs filed in the case. Thanks to our counsel, David C
. Codell, for writing these influential amicus briefs.
We owe our thanks to the American Foundation for Equal Rights and the
brilliant legal team, including Ted Olson, David Boies and San Francisco
Deputy City Attorney Terese Stewart, for once again making the case. We are
incredibly lucky to have them on our side.
Now we wait, again. The California Supreme Court will schedule its hearing
shortly. As always, Equality California will continue to track the case’s
progress and put our legal experts and our team to work to shape the outcome.
In solidarity, | m******1
发帖数: 19713 | 2 有上诉权的人不上诉，没有上诉权的人瞎掺和，被上诉法庭抽嘴巴子
大过年的，当娱乐看吧 | k*****e
发帖数: 22013 | 3 幸亏没有让那个女人上台当州长，据说她是要上诉的是吧？
看来加州人民的眼睛还是雪亮的。
【在 m******1 的大作中提到】
: 有上诉权的人不上诉，没有上诉权的人瞎掺和，被上诉法庭抽嘴巴子
: 大过年的，当娱乐看吧
| g********d
发帖数: 4174 | 4 是好事。不过没人上诉是不是就打不到最高法院了？第九巡回法庭即使判我们赢了，也
管不到全国吧。我看最后结果是加州能结婚，连the Ninth Circuit的那些州（AZ，OR
，WA，NV等）都不会影响。 当然，这样也不错了。
【在 m******1 的大作中提到】
: 有上诉权的人不上诉，没有上诉权的人瞎掺和，被上诉法庭抽嘴巴子
: 大过年的，当娱乐看吧
| k*****e
发帖数: 22013 | 5 这样也好，加州还是有群众基础的。
如果一下子捅到全国，基础不牢，会反弹得比较厉害。
比如Iowa那三个法官都下岗了。
在加州和东北先站稳脚跟，然后一个州一个州地攻克。
这样比较稳。
OR
【在 g********d 的大作中提到】
: 是好事。不过没人上诉是不是就打不到最高法院了？第九巡回法庭即使判我们赢了，也
: 管不到全国吧。我看最后结果是加州能结婚，连the Ninth Circuit的那些州（AZ，OR
: ，WA，NV等）都不会影响。 当然，这样也不错了。
| g********d
发帖数: 4174 | 6 Date posted: 1/4/2011 11:44:32 PM
Hometown: Los Angeles
Comment:
I'm afraid that the Prop 8 Initiative's Proponents do have legal standing to
defend it under California law, according to my interpretation of
California law. If they do not have standing to defend the measure, then
they would not have standing to bring the measure forth initially. My hope
is that the California Supreme Court give Prop 8 Proponents the legal
standing, and that the 9th Circuit then rule against Prop 8 and strike it
down. This avenue seems the strongest.
Name: Rob
Date posted: 1/4/2011 11:36:45 PM
Hometown: NH
Comment:
Hey legal experts out there: if these groups don't have standing does this
mean that the issue is dead and can't be appealed to the SCOTUS? I
personally would like this scenario since I don't think our SCOTUS chances
are very good these days.
Name: michaelandfred
Date posted: 1/4/2011 10:15:39 PM
Hometown: miami beach
Comment:
If my tally is correct, most of the pro marriage decisions so far have come
from "Conservative" judges. I think (optimistically) we do the Supreme Court
an injustice on this issue. While many cases recently have gown down along
party lines in the Bush era, this one is really up for grabs. The SCOTUS has
ruled over and over on the constitutional right to marry in America. "If"
they can put aside their personal feelings about gays (and that IS their job
as judges), this case is really right up most conservative judges alley. We
only need to swing one judge, only have one more judge follow the
constitution. That's not improbable. As well, public opinion has finally
swung to our side, which will also weigh on the judges when interpreting
this case. Eventually marriage will happen. Will they be histories last
judges to wrongly rule against, or will they enter the history books ending
one of the last civil rights questions, and THE question of their era? Even
judges think about their legacy. | g********d
发帖数: 4174 | 7 等一个州一个州地攻克，太慢了。希望的是加州和NY合法了，废除DOMA的官司的底气就
足了，然后DOMA的SECTION 3被废除，也就是说，只要同性婚姻合法的州就能享受联邦
权益，没合法的州就随它去，互不干涉。
DOMA：
Section 2. Powers reserved to the states:
No State, territory, or possession of the United States, or Indian tribe,
shall be required to give effect to any public act, record, or judicial
proceeding of any other State, territory, possession, or tribe respecting a
relationship between persons of the same sex that is treated as a marriage
under the laws of such other State, territory, possession, or tribe, or a
right or claim arising from such relationship.
Section 3. Definition of 'marriage' and 'spouse':
In determining the meaning of any Act of Congress, or of any ruling,
regulation, or interpretation of the various administrative bureaus and
agencies of the United States, the word 'marriage' means only a legal union
between one man and one woman as husband and wife, and the word 'spouse'
refers only to a person of the opposite sex who is a husband or a wife.
【在 k*****e 的大作中提到】
: 这样也好，加州还是有群众基础的。
: 如果一下子捅到全国，基础不牢，会反弹得比较厉害。
: 比如Iowa那三个法官都下岗了。
: 在加州和东北先站稳脚跟，然后一个州一个州地攻克。
: 这样比较稳。
:
: OR
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