Skip to comments.Judge doubts gay marriage ban's backers can appeal
Posted on 08/13/2010 8:35:47 AM PDT by reaganaut1
SAN FRANCISCO The federal judge who overturned California's same-sex marriage ban has more bad news for the measure's sponsors: he not only is unwilling to keep gay couples from marrying beyond next Wednesday, he doubts the ban's backers have the right to challenge his ruling.
Chief U.S. District Judge Vaughn R. Walker on Thursday rejected a request to delay his decision striking down Proposition 8 from taking effect until high courts can take up an appeal lodged by its supporters. One of the reasons, the judge said, is he's not sure the proponents have the authority to appeal since they would not be affected by or responsible for implementing his ruling.
By contrast, same-sex couples are being denied their constitutional rights every day they are prohibited from marrying, Walker said.
The ban's backers "point to harm resulting from a 'cloud of uncertainty' surrounding the validity of marriages performed after judgment is entered but before proponents' appeal is resolved," he said. "Proponents have not, however, argued that any of them seek to wed a same-sex spouse."
Walker gave opponents of same-sex marriage until Aug. 18 at 5 p.m. to get a ruling from the 9th U.S. Circuit Court of Appeals on whether gay marriages should start before the court considers their broader appeal. Their lawyers filed an request asking the 9th Circuit to intervene and block the weddings on an emergency basis late Thursday.
They argued the appeals court should grant a stay of Walker's order requiring state officials to cease enforcing Proposition 8 "to avoid the confusion and irreparable injury that would flow from the creation of a class of purported same-sex marriages."
(Excerpt) Read more at news.yahoo.com ...
Who died and made him and Obama kings?
Take away the Ballot Box and there’s only one left your Honor....
WE ARE DOOMED.
When do we shift our method to pitchforks and torches? It needs to be done. Sadly, I don’t believe it will happen in my time.
Federal Judge in La. ignored by DOE.
Federal Judge in CA ignors voters.
Are we sseeing a trend yet.
I can’t wait for a Judge to say Islamist have the RIGHT to marry a 12 year old.
Then men on boys.
According to this Judge all bets are off.
“Take away the Ballot Box and theres only one left your Honor....”
Precisely. I guess the judge has not read much history.
What rhymes with “ban’s backers”?
We have evidence already of this Judge’s sharp legal mind. Bwahahaaa. How could he be wrong?
Cutting to the chase - the only way to effectively avoid this result is passage of an affirmative prohibition as an amendment to the Federal Constitution. I see absolutely no activity moving in that direction. So, whether a successful appeal is started in this case or not - absent an amendment to the Federal Constitution - gay marriage is a certainty, because it is a certainty that some federal judge will interpret equal protection under the Federal Constitution in exactly the same way.
That is the height of hubris, arrogance and several other words. How can he say that his ruling cannot be appealed? That just does not make any sense at all. If his ruling can’t be appealed then how does he have the authority to make a ruling to start with?
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.
He is probably right. It’s pretty clear the courts are moving in that direction. It’s like speed/traffic light cameras, the people don’t want them but the politicians of both parties are determined to put them in place anyway. And now with public opinion seemingly shifting towards supporting gay marriage, the courts will feel like they can rule in the way they’ve always wanted to rule. Kennedy will be the swing vote if it goes to the Supreme Court, and it is pretty clear what kind of decision he really wants to make on the issue.
Gay marriage can’t be stopped at this point. Half the country will oppose it, but will do nothing to stop it other than whine for awhile - most don’t even know how these judges get into power anyway. The next fight over forcing churches to perform gay marriages will come quickly and we will probably lose that fight over time as well.
If citizens there cannot get this judge removed/impeached, rulings like this will continue to escalate beyond control.
The day may come when politicians, including the President, may need to openly defy judges and ignore orders that they think are unconstitutional.
Are you kidding? That day came a while back, vis-a-vis campaign laws, immigration laws, RICO laws. It's not a question of "politicians." What does the current crop do except lie, appease, deceive, and collect their retirement? It's a question of authoritarian enforcement on the citizen, citizen resistance, and outright violent revolution if elections are manipulated.
It's not like that level of human reaction has not occurred elsewhere across the world, across its nations, and across history.
The current sinister cabal behind Barack Obama, primarily Jewish, has brought it on. The last laugh is the Money Game, which is their God, collapses.
So we can expect to see the ones I mentioned as a soon to be fact of life in Amer.?
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