August 16, 2010
— DrewM No same sex marriages in CA for the foreseeable future.
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.Lawyers for the two gay couples that challenged the ban said Monday they would not appeal the panel's decision on the stay to the Supreme Court.
In its two-page order granting the stay, the 9th Circuit agreed to expedite its consideration of the Proposition 8 case. The court plans to hear the case during the week of Dec. 6 after moving up deadlines for both sides to file their written arguments by Nov. 1.
The court did ask parties to brief the standing issue (pdf). The original suit was filed against Arnold Schwarzenegger in his capacity as Governor of California but both he and California Jerry Brown essentially violated their oaths and refused to defend the voters of the state. The sponsors of the Prop 8 measure were able to step in and defend the law at trial but now there's a question as to whether they have standing to appeal.
Yeah, I don't get it either but hey justice and common sense have very little to do with the law.
Posted by: DrewM at
03:51 PM
| Comments (144)
Post contains 230 words, total size 1 kb.
Posted by: Gay Nork at August 16, 2010 03:53 PM (cojrd)
Posted by: RecklessProcess at August 16, 2010 03:54 PM (f7ylG)
Posted by: mongo78 at August 16, 2010 03:54 PM (2b46R)
Strategic decision. They need to bide time, 'cause they know the Supremes will spike the whole thing, 5-4,
Posted by: Ombudsman at August 16, 2010 03:56 PM (c1oyg)
Posted by: AmishDude at August 16, 2010 03:56 PM (T0NGe)
Posted by: RedneknSC at August 16, 2010 03:57 PM (MbMSS)
Posted by: The War Between the Undead States at August 16, 2010 03:58 PM (EJBVR)
Posted by: Rum hearts Epcot at August 16, 2010 04:00 PM (gofDd)
San Francisco sells out of visine and dark glasses. Kleenex going fast.
San Fran is still part of the USA??
Posted by: Soona at August 16, 2010 04:01 PM (w9U0b)
Bad, bad, timing.
Posted by: Meiczyslaw at August 16, 2010 04:01 PM (vEhUz)
Posted by: Delta Smelt at August 16, 2010 04:05 PM (IRwVS)
Now, Article III standing is jurisdictional in the federal courts, so the 9th would have to examine the issue even if it had never been raised below. If Walker was wrong, and the proponents never properly had standing, then it strikes me that the whole trial was arguably a legal nullity.
Part of the problem is that Walker, in his apparently limitless capacity for blatantly biased procedural shenanigans, sat on a motion to intervene by parties with a much better argument for standing: the clerk and board of supervisors of Imperial County. He didn't even rule on it until AFTER trial, when he denied it, thus depriving them of the right to appeal that ruling pre-trial (of course, he had already allowed San Francisco to intervene as a plaintiff). If the 9th finds the proponents didn't have standing and the Imperial County intervenors did, there may need to be another trial.
And that before even getting into Walker coming up with the idea that there even needed to be a trial: the parties themselves didn't think the facts were in dispute.
Posted by: Dave J. at August 16, 2010 04:06 PM (DCQ0q)
The original suit was filed against Arnold Schwarzenegger in his capacity as Governor of California but both he and California Jerry Brown essentially violated their oaths and refused to defend the voters of the state.
Arnold and Jerry really know how to represent their state. They're both political cocksuckers.
Posted by: conscious, but incoherent at August 16, 2010 04:06 PM (YVZlY)
Posted by: The Q at August 16, 2010 04:06 PM (pfStM)
Posted by: Soona at August 16, 2010 04:06 PM (w9U0b)
Posted by: ParisParamus at August 16, 2010 04:07 PM (fEj4O)
Posted by: 18-1 at August 16, 2010 04:07 PM (bgcml)
Posted by: Soona at August 16, 2010 08:06 PM (w9U0b)
True dat.
At least Anita Bryant is no where to be seen.
Posted by: Zombie Harvey Milk at August 16, 2010 04:08 PM (IRwVS)
Well, even the loony 9th understands that one federal judge can't treat the Constitution as his own personal property
Posted by: Ombudsman at August 16, 2010 04:08 PM (c1oyg)
Posted by: conscious, but incoherent at August 16, 2010 04:09 PM (YVZlY)
Posted by: The War Between the Undead States at August 16, 2010 07:58 PM (EJBVR)
Hey, these damn fascists are keeping me from marrying the man of my dreams. IT IS NOT FUNNY.
Posted by: Chris Matthews at August 16, 2010 04:10 PM (bgcml)
Posted by: Soona at August 16, 2010 08:06 PM (w9U0b)
Probably a lot of angry sex tonight.
Posted by: ErikW at August 16, 2010 04:10 PM (vOAmW)
Posted by: Radioactive Satellite Of LOVE at August 16, 2010 04:12 PM (zqzYV)
Well, even the loony 9th understands that one federal judge can't treat the Constitution as his own personal property
Really? Or do they want that distinction all to themselves?
Posted by: Soona at August 16, 2010 04:13 PM (w9U0b)
FLASH! - Area Walgreens experience a run on KY Jelly and dental dams
Posted by: SF Chronicle at August 16, 2010 04:13 PM (c1oyg)
Posted by: 18-1 at August 16, 2010 04:14 PM (bgcml)
Well, even the loony 9th understands that one federal judge can't treat the Constitution as his own personal property
Really? Or do they want that distinction all to themselves?
Or they're afraid that what goes around, comes around
Posted by: Ombudsman at August 16, 2010 04:14 PM (c1oyg)
Posted by: George Orwell at August 16, 2010 04:14 PM (AZGON)
Posted by: Curiosity's Cat at August 16, 2010 04:15 PM (sHP5S)
Posted by: conscious, but incoherent at August 16, 2010 08:09 PM (YVZlY)
Is there any other kind of sex?
Posted by: Chris Matthews at August 16, 2010 04:15 PM (zqzYV)
Hey, these damn fascists are keeping me from marrying the man of my dreams. IT IS NOT FUNNY.
Posted by: Chris Matthews at August 16, 2010 08:10 PM (bgcml)
Psst, Chrissy: Obama's already married
Posted by: chemjeff at August 16, 2010 04:17 PM (Pm5H8)
Posted by: George Orwell at August 16, 2010 04:18 PM (AZGON)
Hey, these damn fascists are keeping me from marrying the man of my dreams. IT IS NOT FUNNY.
Posted by: Chris Matthews at August 16, 2010 08:10 PM (bgcml)
Psst, Chrissy: Obama's already married
Posted by: chemjeff at August 16, 2010 08:17 PM (Pm5H
Tell that to Kal Penn
Posted by: Chris Matthews at August 16, 2010 04:18 PM (zqzYV)
Posted by: chemjeff at August 16, 2010 08:17 PM (Pm5H
And why do you bigots want to stop two men, and a woman, in love from getting married? I HAVE RIGHTS.
Posted by: Chris Matthews at August 16, 2010 04:18 PM (bgcml)
Posted by: gomm at August 16, 2010 04:19 PM (73jUp)
Posted by: George Orwell at August 16, 2010 04:19 PM (AZGON)
Posted by: steevy at August 16, 2010 04:19 PM (ApEzu)
Posted by: 9th Circuit Court of Appeals, En Banc at August 16, 2010 04:19 PM (QKKT0)
To tell the story of how great a love can be
The sweet love story that is older than the sea
The simple truth about the love he brings to me
Where do I start?
Like a summer rain
That cools the pavement with a patent leather shine
Barack came into my life and made the living fine
And gave a meaning to this empty world of mine
Barack fills my heart
Barack fills my heart with very special things
With angels' songs, with wild imaginings
Barack fills my soul with so much love
That anywhere I go, I'm never lonely
With him along, who could be lonely
I reach for his hand, it's always there
How long does it last?
Can love be measured by the hours in a day?
I have no answers now, but this much I can say
I'm going to need him till the stars all burn away
And Barack'll be there
Barack fills my heart with very special things
With angels' songs, with wild imaginings
Barack fills my soul with so much love
That anywhere I go, I'm never lonely
With him along, who could be lonely
I reach for his hand, it's always there
How long does it last?
Can love be measured by the hours in a day?
I have no answers now, but this much I can say
I'm going to need him till the stars all burn away
And Barack'll be there
Posted by: Chris Matthews at August 16, 2010 04:23 PM (zqzYV)
Posted by: B. Hussein Obama at August 16, 2010 04:23 PM (AZGON)
Posted by: 9th Circuit Court of Appeals, En Banc at August 16, 2010 08:19 PM (QKKT0)
It's burned into my rifle stock. We'll be meeting soon.
Posted by: ErikW at August 16, 2010 04:23 PM (vOAmW)
Posted by: katya, the designated driver at August 16, 2010 04:23 PM (hsBue)
And they denied Arizona's request for an expedited hearing. Hmmm....
Posted by: Tami at August 16, 2010 04:24 PM (VuLos)
Posted by: Cicero at August 16, 2010 04:25 PM (QKKT0)
If it violates the federal constitution. No one's seriously disputing that a provision in a state constitution COULD violate the federal constitution: what's ludicrous is Walker's holding that Prop 8 does, and what's even more outrageous are all the hi-jinks involved in how he got there.
Posted by: Dave J. at August 16, 2010 04:25 PM (DCQ0q)
Posted by: George Orwell at August 16, 2010 04:26 PM (AZGON)
If it violates the federal constitution. No one's seriously disputing that a provision in a state constitution COULD violate the federal constitution: what's ludicrous is Walker's holding that Prop 8 does, and what's even more outrageous are all the hi-jinks involved in how he got there.
Posted by: Dave J. at August 16, 2010 08:25 PM (DCQ0q)
Not to mention the shenanigans and going-ons (oops, I just did mention them)
Posted by: Radioactive Satellite Of LOVE at August 16, 2010 04:27 PM (zqzYV)
You'll never see so many bills passed and cases decided in such a short time.
Posted by: George Orwell at August 16, 2010 08:26 PM (AZGON)
They do that.. and I bet riots ensue
Posted by: Timbo at August 16, 2010 04:28 PM (ph9vn)
Posted by: robtr at August 16, 2010 04:29 PM (fwSHf)
Posted by: The Ninth Circuit, in its cups at August 16, 2010 04:30 PM (AZGON)
Hey, Chrissy's on vacation this week, replaced by Meterosexual Squish Michael Smerconish. The only reason i know that I'm from Philly, and Smerconish is the only game in town in the AM, other than Bennett. (And I can't listen to Bennett on principle- how can you call your product a nationally-syndicated talk show when you aren't there - literally - 30% of the time.)
Posted by: Ombudsman at August 16, 2010 04:31 PM (c1oyg)
You'll never see so many bills passed and cases decided in such a short time.
Posted by: George Orwell at August 16, 2010 08:26 PM (AZGON)
They do that.. and I bet riots ensue
Posted by: Timbo at August 16, 2010 08:28 PM (ph9vn)
That's what they want, so they can clamp down on any dissent. Be a player not a hater.
Posted by: Radioactive Satellite Of LOVE at August 16, 2010 04:31 PM (zqzYV)
55 Hearing the case the week of December 6th...
Anyone else think the judiciary as well as the lame duck Dhimmicrats are going to have the mother of all temper tantrums between November and January?
You'll never see so many bills passed and cases decided in such a short time.
To borrow another line from Kratos, in the end....
/chaos
Posted by: Miss'80sBaby at August 16, 2010 04:32 PM (yfJ6g)
Posted by: George Orwell at August 16, 2010 04:35 PM (AZGON)
Posted by: chemjeff at August 16, 2010 08:17 PM (Pm5H
And why do you bigots want to stop two men, and a woman, in love from getting married? I HAVE RIGHTS.
Posted by: Chris Matthews at August 16, 2010 08:18 PM (bgcml)
Throw in a goat and you'll have no complaints form me
Posted by: Osama's Gay Half Brother at August 16, 2010 04:35 PM (Pm5H8)
I wonder how Kagan will vote.
We know how she will vote, it's Kennedy that is going to fuck us.
See Texas butt fucking case.
Posted by: Kemp at August 16, 2010 04:36 PM (2+9Yx)
Posted by: The Ambiguously Gay Ninth Circuit at August 16, 2010 04:37 PM (Pm5H8)
"Essentially"?
Need we also recall how this whole gay marriage crap in California really got started? Gavin Newsome decided, on a whim, that he would violate the law and just start marrying gay couples. And so he did. And he refused to stop.
And yet, all of these politicians working, transparently, against the law and the citizenry, and they are all still in office without so much as an investigation being talked about. Pathetic.
Posted by: progressoverpeace at August 16, 2010 04:39 PM (Qp4DT)
Posted by: steevy at August 16, 2010 04:40 PM (ApEzu)
To paraphrase Edwin Edwards (D-Corrupt) We need to catch Kennedy in bed with a live boy or dead girl
Posted by: Ombudsman at August 16, 2010 04:40 PM (c1oyg)
Posted by: timothyj at August 16, 2010 04:41 PM (7SxtJ)
Posted by: Ombudsman at August 16, 2010 08:40 PM (c1oyg)
You don't mind if we change presidents first do you?
Posted by: robtr at August 16, 2010 04:41 PM (fwSHf)
Posted by: Ombudsman at August 16, 2010 08:40 PM (c1oyg)
Lets wait until 2013 to do that.
Posted by: Delta Smelt at August 16, 2010 04:42 PM (IRwVS)
Posted by: garrett at August 16, 2010 04:43 PM (ZCiY/)
I found that Rodrigues cartoon on the web... you'll have to likely save the image and enlarge it to see the joke more clearly... I warn you, extremely offensive. But extremely non-PC.
Posted by: George Orwell at August 16, 2010 04:43 PM (AZGON)
Posted by: garrett at August 16, 2010 08:43 PM (ZCiY/)
That's Justice Ace to you, pal
Posted by: The Ambiguously Gay Ninth Circuit at August 16, 2010 04:44 PM (Pm5H8)
Posted by: CAC at August 16, 2010 04:44 PM (Gr1V1)
Posted by: Delta Smelt at August 16, 2010 04:45 PM (IRwVS)
Posted by: Card Check at August 16, 2010 04:46 PM (c1oyg)
80 Wasn't one of the Ambiguously Gay Duo named Ace?
That's right. I think the other one was named Dave in Texas.
Posted by: Countrysquire at August 16, 2010 04:46 PM (SfMtL)
Posted by: Card Check at August 16, 2010 08:46 PM (c1oyg)
I'm guessin the lame duck won't be much to worry about. The senators up in 2012 won't want any part of it.
Kirk, if he wins, will be seated immediately as well.
Posted by: Delta Smelt at August 16, 2010 04:47 PM (IRwVS)
Posted by: George Orwell at August 16, 2010 04:49 PM (AZGON)
Posted by: George Orwell at August 16, 2010 04:50 PM (AZGON)
And yet, all of these politicians working, transparently, against the law and the citizenry, and they are all still in office without so much as an investigation being talked about. Pathetic.
And Newsom's the likely next lieutenant governor. What a state.
Posted by: The War Between the Undead States at August 16, 2010 04:51 PM (EJBVR)
The SEIU / Black Panther crowd are gonna try to commit voter fraud like a sonofabitch in November. What we need are Republican lawyers (and bodyguards) at polling places in the city. The Phila Republican Party couldn't pour piss out of a boot with the instructions written on the heel, but I hope the state and national NCs are alert
Posted by: Ombudsman at August 16, 2010 04:51 PM (c1oyg)
Posted by: George Orwell at August 16, 2010 08:49 PM (AZGON)
Well, after healthcare I wouldn't put anything past them as a group, but I know Jim Webb is up, Nelson, Tester, Conrad....some reddish state Senators. Nelson for one has given indictation that he wants to keep his seat. I assume he's not alone.
Posted by: Delta Smelt at August 16, 2010 04:52 PM (IRwVS)
Well, after healthcare I wouldn't put anything past them as a group, but I know Jim Webb is up, Nelson, Tester, Conrad....some reddish state Senators. Nelson for one has given indictation that he wants to keep his seat. I assume he's not alone.
Posted by: Delta Smelt at August 16, 2010 08:52 PM (IRwVS)
I think there are about 30 dems up in 2012
Posted by: robtr at August 16, 2010 04:53 PM (fwSHf)
Posted by: George Orwell at August 16, 2010 04:53 PM (AZGON)
Posted by: ziptie at August 16, 2010 04:54 PM (ljAGw)
As will Mike Castle.
And the sad thing is, in the case of both of them, it's anyone's guess as to whether that would result in any net change in the Dems' vote counts for the lame-duck session.
Posted by: The War Between the Undead States at August 16, 2010 04:54 PM (EJBVR)
Posted by: George Orwell at August 16, 2010 08:53 PM (AZGON)
You know what's really crazy? Kimberly Guilfoile (sp) used to be married to Newsome.
Posted by: progressoverpeace at August 16, 2010 04:55 PM (Qp4DT)
Posted by: nickless at August 16, 2010 04:56 PM (MMC8r)
Posted by: George Orwell at August 16, 2010 08:53 PM (AZGON)
I'm moving to East LA to run for city council. I think I'll change my name to, Deltaonio Smeltagonzalez.
Posted by: Delta Smelt at August 16, 2010 04:56 PM (IRwVS)
Posted by: George Orwell at August 16, 2010 04:56 PM (AZGON)
Yeah, and Newsome screwed Kimberly Gillfoyle, until she realized what a tool he was and split. Still, gotta give him (grudging) props.
Posted by: Ombudsman at August 16, 2010 04:57 PM (c1oyg)
Posted by: The War Between the Undead States at August 16, 2010 08:54 PM (EJBVR)
Yeah, it's too bad the two being seated immediately are the biggest squishes.
Posted by: Delta Smelt at August 16, 2010 04:58 PM (IRwVS)
Posted by: George Orwell at August 16, 2010 04:58 PM (AZGON)
Feinstein (D-CA)
Lieberman (Dish-CT)
Carper (D-DE)
Nelson (D-FL)
Akaka (D-HI)
Cardin (D-MD)
Stabenow (D-MI)
Klobuchar (D-MN)
McCaskill (D-MO)
Tester (D-MT)
Nelson (D-NE)
Menendez (D-NJ)
Bingaman (D-NM)
Gillibrand (D-NY)
Conrad (D-ND)
Brown (D-OH)
Whitehorse (D-RI)
Sanders (Communist-VT)
Webb (D-VA)
Cantwell (D-WA)
Kohl (D-WI)
And whomever wins the WV special election, probably the D governor at this point
So yeah the Donks have a shitload of Senate seats to defend, and a lot in red states
Posted by: chemjeff at August 16, 2010 04:58 PM (Pm5H8)
Posted by: Lincolntf at August 16, 2010 05:00 PM (BCzaE)
I just got tired of being a beard.
Posted by: Kimberly Guilfoyle at August 16, 2010 05:01 PM (EJBVR)
Posted by: chemjeff at August 16, 2010 08:58 PM (Pm5H
Thanks. McCaskill is particularly vulnerable of the names I didn't mention.
I didn't know an indian held office in Rhode Island though.
Posted by: Delta Smelt at August 16, 2010 05:01 PM (IRwVS)
Posted by: George Orwell at August 16, 2010 05:02 PM (AZGON)
Posted by: steevy at August 16, 2010 05:04 PM (ApEzu)
Posted by: George Orwell at August 16, 2010 09:02 PM (AZGON)
She's safe unless the GOP can come up with a crackpot comedian or wrestler to challenge her.
Posted by: Delta Smelt at August 16, 2010 05:04 PM (IRwVS)
Posted by: robtr at August 16, 2010 05:04 PM (fwSHf)
Posted by: steevy at August 16, 2010 05:05 PM (ApEzu)
Doubt it. Feinstein was always the much safer and more liked of the two CA senators, and look how hard it is to get rid of the other one even in this environment. When Feinstein's up again, Obama's going to be at the top of the ticket and it's Republicans throughout California who are going to be playing defense.
Posted by: The War Between the Undead States at August 16, 2010 05:06 PM (EJBVR)
Posted by: George Orwell at August 16, 2010 05:06 PM (AZGON)
Posted by: The War Between the Undead States at August 16, 2010 09:06 PM (EJBVR)
The way things are going I am not sure that anyone eligible to vote will be left in California in 2 years.
Posted by: robtr at August 16, 2010 05:07 PM (fwSHf)
Posted by: steevy at August 16, 2010 05:08 PM (ApEzu)
Posted by: George Orwell at August 16, 2010 05:08 PM (AZGON)
Posted by: robtr at August 16, 2010 09:04 PM (fwSHf)
Big time. I'd love for the dumbest person in the Senate to get the boot. She can teach in one of Bin Laden's schools.
Posted by: Delta Smelt at August 16, 2010 05:08 PM (IRwVS)
Posted by: George Orwell at August 16, 2010 05:09 PM (AZGON)
I think there's an outside chance to get rid of her, even with one of the three no-name bozos running there. But yeah, the NY GOP is pathetic. This is one of the last seats that ought to have been punted.
Posted by: The War Between the Undead States at August 16, 2010 05:10 PM (EJBVR)
"Essentially"?
Need we also recall how this whole gay marriage crap in California really got started? Gavin Newsome decided, on a whim, that he would violate the law and just start marrying gay couples. And so he did. And he refused to stop.
And yet, all of these politicians working, transparently, against the law and the citizenry, and they are all still in office without so much as an investigation being talked about. Pathetic.
I wonder if we would get the same consideration if we went ahead and engaged in similar acts of 'civil disobedience'.
Somehow, I'm not confident that would be the case.
Posted by: blindside at August 16, 2010 05:10 PM (DqBHU)
Posted by: Dave J. at August 16, 2010 05:12 PM (DCQ0q)
You know what's really crazy? Kimberly Guilfoile (sp) used to be married to Newsome.
I figured he was gay. Who knew?
My opinion of Kimberly just bottomed out.
Posted by: ErikW at August 16, 2010 05:15 PM (vOAmW)
New York can't even come up with 1 legit Senate candidate, much less two. Pathetic.
Nice bench. Guliani and Pataki the squish. That's it.
Posted by: Delta Smelt at August 16, 2010 05:15 PM (IRwVS)
Posted by: Abdul al-Fuckghoat at August 16, 2010 05:18 PM (AZGON)
That's not too far from the truth. CA is just hopeless and getting more so with mind-numbing speed, which is why I'm so pessimistic about Fiorina's chances.
I was just stunned at Obama's margins in CA in 2008. I'd been expecting a John Kerry-style victory of ten points or so, maybe even less, with all the Chosen One's baggage. Instead he wins by an avalanche there, with a margin you have to go back to FDR to match. He almost carried Orange County, for fuck's sake. 2012 probably won't look much different for him in CA, which is why Feinstein's a lock and the dwindling number of congressional Republicans (especially in SoCal, where Obama carried every county but Orange) are going to be looking over their shoulders.
Posted by: The War Between the Undead States at August 16, 2010 05:23 PM (EJBVR)
Posted by: CAC at August 16, 2010 05:29 PM (Gr1V1)
Posted by: Jean at August 16, 2010 06:01 PM (CPefM)
Posted by: DD877 at August 16, 2010 06:25 PM (pbxPA)
Now let's see Walker rule that HIV is an endangered species, and ban protease inhibitors. Establish fruits' rear ends as a protected habitat.
Posted by: Jay Guevara at August 16, 2010 08:17 PM (YuJft)
Posted by: michael jordan shoes at August 16, 2010 11:38 PM (lHG3m)
This issue means nothing to me, but the people have the right to be governed according to their just consent. It's in the Declaration. The people overwhelmingly think the government does not represent them. Something will change.
My guess is it will not be 300 million of us.
Posted by: MarkD at August 17, 2010 05:08 AM (YhZfg)
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Posted by: kathysaysso at August 16, 2010 03:53 PM (ZtwUX)