Judge doubts gay marriage ban's backers can appeal

Associated Press ^ | August 13, 2010 | PAUL ELIAS and LISA LEFF

[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."

[Jewbacca]

It’s true, as noted on other threads, we use our special Jew powers we gain by drinking the blood of unbaptised children to cause openly homosexual judges with a history of bias against tradition to act like the queens they are.

SERIOUSLY?! If there was a Jewish cabal, we’d do a better job that OZero.

AND we’d pick someone who wasn’t virulent anti-semite like Ozero that clearly want everyone in Israel dead.

And, while on the subject of Jewish cabals, our Shul can’t even agree on having the parking lot (for non-Shabbos vistors and the disabled) painted. We couldn’t have a f-cking conspiracy if we wanted one.

[Tzimisce]

There is a reason these people are pompous and arrogant.

[Pearls Before Swine]

It’s true, as noted on other threads, we use our special Jew powers we gain by drinking the blood of unbaptised children to cause openly homosexual judges with a history of bias against tradition to act like the queens they are.

Shhhhhh! You're supposed to keep that info secret!

[little jeremiah]

Excellent response!

[Jacquerie]

Oh, yeah. THAT conspiracy. Everyone knows that one.

[Kahonek]

This judge doesn’t decide whether they can appeal or not, and he knows that. He is just offering his opinion about the likely success of any appeal, based on the standing issue, in explaining his decision on the stay. However, he deliberately waited to lift his temporary stay until the the appeals court has had a chance to look at it.

[JSDude1]

This guy is a screwed-up nutball!

[longtermmemmory]

judges talk privatly.

It would not surprise me one cintilla if these judges had set this up in advance.

Most all federal judges attend their federal judicial conferences.

[AmericanInTokyo]

Mark my word.

Within two or three years they will push the SICK ENVELOPE one more notch, and have another "Brokeback Mountain" type shocking movie...and it will get an Academy Award, or a Golden Globe or something at Cannes. And it will be a story about a lonely man, who, losing his life partner (gay or otherwise) "tenderly falls in love with his dog"...and has an unspeakable act with it. There will be a "touching scene" with romantic music and blurred images of this act of pervsion (just enough to shock), and all of perverted sick Hollywood will with one accord say "Hey! Lighten up! Down with the subjective, "hate-based" value judgements; to each his own! It was "beautiful." (sic)

Just watch.

They will move to normalize beastiality in the popular media. It is the next step. They cannot stop at mere homosexuality; the Father of Evil will urge them on to even more unspeakable sacriliges and moral outrages. One would hope the Lord would then return in glory and put an end to the abject, corrupt misery of this current world order and earthly principalities clearly bought off and beholden to the Serpent.

[Colonel_Flagg]

"What Judge Walker's ruling means is you can sponsor a proposition, direct it, research it, work for it, raise $40 million for it, get it on a ballot, successfully campaign for it and then have no ability to defend it independently in court," said Dale Carpenter, a University of Minnesota constitutional law professor who supports same-sex marriage. "And then a judge maybe let you be the sole defender in a full-blown trial and then says, 'by the way, you never can defend this.' It just seems very unlikely to me the higher courts will buy that."

What this says to me is that a defendant, in this case the majority of voters in the State of California, do not have standing to defend themselves. That ought to scare the crap out of every thinking American.