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Judge Walker lifts the stay on Prop 8..
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TOPIC: Judge Walker lifts the stay on Prop 8..
#585
Judge Walker lifts the stay on Prop 8.. 3 Years, 11 Months ago Karma: 3  
but will not allow same-sex marriages to resume until 8/18 @ 5pm.

I'm super excited about our victories in this battle, the overturning of prop 8, judge walker lifting the stay and now giving us a date and time to look forward to be able to legally marry the woman we love. However I am also very cautious about my excitement as we already know the defenders of prop 8 are already filling an emergency appeal to the 9th circuit court to get an immediate stay during the appeal and if they are turned down from the 9th circuit court will appeal directly with the supreme court for a stay throughout the entire appeals process.

This makes me so anxious! I cant focus on work at all, I'm totally distracted. lol

Do you think the 9th circuit court will side with judge walker's decision to lift the stay???
mel (User)
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#586
Re:Judge Walker lifts the stay on Prop 8.. 3 Years, 11 Months ago Karma: 10  
WOW!
This is all so bittersweet. We win but we don't win.. all this up and down is hard to deal with.
I think we just have to keep moving forward until they CANT take our rights away from us.
Onward and Upward to the US Supreme Court!

In the meantime, my love means no less than anyone else's.
I LOVE MY MEL!!!
You cant take that away from me...you haters!
rubY (User)
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#589
Re:Judge Walker lifts the stay on Prop 8.. 3 Years, 11 Months ago Karma: 1  
8/16/10
SAN FRANCISCO – A federal appeals court put same-sex weddings in California on hold indefinitely Monday while it considers the constitutionality of the state's gay marriage ban.

The decision, issued by a three-judge panel of the 9th U.S. Circuit Court of Appeals, trumps a lower court judge's order that would have allowed county clerks to begin issuing marriage licenses to same-sex couples on Wednesday.

IM SO SAD:(
BOO on the 9th Circuit Court!
anna (User)
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#590
Re:Judge Walker lifts the stay on Prop 8.. 3 Years, 11 Months ago Karma: 3  
yeah i saw that earlier today too anna.. a real bumout.

can't loose hope though.
Mo. (User)
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#627
Re:Judge Walker lifts the stay on Prop 8.. 3 Years, 6 Months ago Karma: 1  
Thanks Mo!
We are all holding out hope:)

UPDATE 1/4/11-
If you didn't see, the 9th Circuit made a ruling on the Prop 8 case. The court declined to rule on the constitutionality, instead submitting a question to the California Supreme Court with regard to the question of standing and whether state law allows ballot initiative proponents to defend initiatives in court. At issue is the question of standing in state and federal law.
anna (User)
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#635
Re:Judge Walker lifts the stay on Prop 8.. 3 Years, 5 Months ago Karma: 10  
update: 2/3/11

California Supreme Court to decide on entering Prop 8 gay marriage fray
7:10 a.m.

Chief Justice Tani Cantil-Sakayue says the California Supreme Court will decide soon, maybe next week, on whether to enter the Proposition 8 gay marriage fray.

The 9th U.S. Court of Appeals said last month that it cannot decide if the gay marriage ban is constitutional until the state high court weighs in on whether proposition sponsors have authority to defend the measure.

A three-judge panel asked the California Supreme Court to decide if ballot proposition backers can step in to defend voter-approved initiatives in court when state officials refuse to do so. The panel suggested it would have to dismiss the case if there's no state high court input.

The Los Angeles Times says Cantil-Sakauye told reporters Wednesday that the California Supreme Court will soon decide whether to weigh in.

Information from: Los Angeles Times
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#639
Re: Prop 8.. 3 Years, 4 Months ago Karma: 1  
GO KAMALA! I VOTED FOR HER:)
On March 1st, California’s top law enforcement official, Attorney General Kamala Harris, made a forceful stand for equality by asking the Ninth Circuit Court of Appeals to allow marriages for gay and lesbian couples to resume in the state.
“For 846 days, Proposition 8 has denied equality under the law to gay and lesbian couples," she writes in her filing. "Each and every one of those days, same-sex couples have been denied their right to convene loved ones and friends to celebrate marriages sanctioned and protected by California law. Each one of those days, loved ones have been lost, moments have been missed, and justice has been denied.”

Prominent statewide and national organizations are also joining AFER and the Attorney General in requesting that the Ninth Circuit allow marriage to resume while our case works its way through the legal system:

* On behalf of over 750,000 members, Human Rights Campaign President Joe Solmonese wrote to the Ninth Circuit, "LGBT Californians and their families are suffering under a discriminatory standard that both a federal judge and the California Supreme Court have concluded cannot stand under our cherished constitutional principles.”

* The largest statewide LGBT advocacy group, Equality California, with legal groups the National Center for Lesbian Rights, ACLU of Northern California, and Lambda Legal, are filing a joint letter with the Ninth Circuit, which argues that delaying any longer will cause irreparable harm to countless gay and lesbian couples and their families.

* Courage Campaign, a progressive, online organizing network, is highlighting the heart-wrenching stories of two elderly couples who simply can’t wait to get married because of their age, the story of two men who want to get married soon because one of their fathers was recently diagnosed with cancer, and the story of an elderly woman who recently lost her partner and access to her partner’s pension benefits.

* The City and County of San Francisco has also joined us in asking the Ninth Circuit to lift the stay.


If you haven’t yet, please add your name to the growing list of people who have said that they can't wait for equality. And, share your action with your friends and family.

Every day that couples are denied the freedom to marry, it causes grave and irreparable harm to them and their families, and countless others who simply want their government to treat them equally.
Credit:AFER
afer.org
anna (User)
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#640
Re: Prop 8.. 3 Years, 4 Months ago Karma: 10  
California’s largest newspaper, the Los Angeles Times, published a powerful editorial which argued that gay and lesbian couples should be allowed to marry, starting immediately.
“Enough already,” the Los Angeles Times editorial board wrote. “…Every day that the case drags on, gay and lesbian couples who would like to marry are being deprived of their civil rights. That's not our wording; the federal trial judge decided that issue, at least for now. The denial of constitutional rights, even temporarily, is a deplorable situation that must meet high legal standards to be allowed to continue. In our view, those conditions have not been met.”

We encourage you to read the full editorial on the L.A. Times website, and to share it with your friends and family on Facebook and Twitter. Help raise visibility for all the people who cannot wait to get married.

AND

The New York Times has joined the call to let gay and lesbian Californians marry!
Too Long to Wait
New York Times Editorial

Seven months have passed since Proposition 8, California's voter-approved ban on same-sex marriages, was ruled unconstitutional by a federal judge in San Francisco following a much-publicized trial that turned up no evidence to justify the measure's denial of equal protection and due process.

Yet the 2008 initiative continues to inflict serious harm on same-sex couples and their families thanks to a court order that prevents gay men and lesbians from marrying in California while the case is being appealed. That stay should be lifted now.

The appeal was argued in December before a three-judge panel of the United States Court of Appeals for the Ninth Circuit. It could be many more months before the panel rules. In February, it asked the California Supreme Court to resolve a procedural question regarding the standing of the initiative's sponsor to bring the appeal. The state's top court has said it will not even hold a hearing on the issue until September, at the earliest.

In legal papers filed last week, lawyers challenging Proposition 8 took note of the "serious, lasting, and irreparable damage to gay men and lesbians who wish to marry" caused by this extended timetable and called on the federal court to lift its injunction.

The stay should never have been granted in the first place. Applying traditional legal criteria, the extraordinary relief of a stay is only warranted when the applicant makes a strong showing of likely success on the merits and of irreparable injury in the absence of a stay — two arguments that cannot be satisfied here.

As the trial judge's ruling affirmed, the denial of marriage equality furthers no legitimate governmental aim. And defenders of Proposition 8 can point to no real injury they would suffer if gay men and lesbians are permitted to wed.

Every day same-sex couples are denied their right to marry is another day of injustice for them and their families. Couples who wish to wed knowing that the appellate court could decide to uphold Proposition 8's ban should be allowed to take that chance.
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#647
Re: Prop 8.. 3 Years, 3 Months ago Karma: 10  
PER AFER.ORG
Today, the Ninth Circuit decided to uphold its stay and further deny gay and lesbian couples their constitutional right to marry. But, their decision in no way impedes the progress of our case to win the freedom to marry for gay and lesbian Americans.
In court, AFER’s legal team, led by Theodore B. Olson and David Boies, is aggressively defending our August 2010 district court victory, which declared Prop. 8 unconstitutional. The proponents of fear and discrimination are using every trick and legal maneuver to keep discrimination on the books, and our legal team is countering every one of their attacks.

In the court of public opinion, AFER is changing the debate about marriage for gay and lesbian couples. We are bringing together people from across the political spectrum, conservatives and progressives alike, to prove that marriage is not a political issue, but an American value. We are gaining support in areas where few thought it was possible.

We must continue to work together with renewed vigor to show the state, and the nation, why equality means so much to gay and lesbian couples, their families, and everyone who believes that discrimination has no place in our laws.
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#659
Re: Prop 8.. 3 Years, 1 Month ago Karma: 1  
One week from today, we'll be back in district court.
On Monday, June 13, our attorneys will be addressing an abhorrent motion by anti-marriage forces to throw out the historic decision that ruled California's Proposition 8 unconstitutional.

The Prop. 8 defense claims that they didn't get a fair trial because the judge was gay and in a long-term relationship—an assertion that has been resoundingly condemned as "absurd," "slimy," and "deeply offensive" by legal scholars, former judges and news media nationwide.

Their motion is a tactic designed to hide the truth. They presented no credible reason during trial to justify discrimination against gay and lesbian Americans. They know their case is weak, so they are doing whatever they can to keep Prop. 8 on the books and to keep the public from seeing their poor performance during trial.

That is why they are also trying to keep the video recording of the trial under lock and key, hidden from public view.

Over 16,000 people have signed our open letter calling for the release of the Prop. 8 tapes.

If you haven't yet, sign AFER's open letter to release the Prop. 8 tapes, and be sure to email it to your friends and share it on Facebook and Twitter.
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