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Keyword: vaughnwalker

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  • Prop. 8 Judge: 'What Judges Do and Must Do Is ... Move the Strike Zone'

    09/17/2012 10:10:04 PM PDT · by Olog-hai · 19 replies
    Cybercast News Service ^ | September 17, 2012 | Pete Winn
    Judge Vaughn Walker, the now-retired federal judge in San Francisco who nullified California’s Proposition 8 in 2010, said if judges really are umpires, they must sometimes “move the strike zone” in order to champion social issues like same-sex marriage. “Case by case, what judges do and must do is take account of the pitcher and the batter in the legal arena, watch the windup, the throw, the curve, and the delivery and then, where they believe appropriate, move the strike zone,” Walker wrote on Aug. 28 in the University of Illinois Law Review. But Walker, flouting Justice Antonin Scalia and...
  • Court rejects appeal to overturn Proposition 8 ruling—case could head to Supreme Court

    06/06/2012 6:06:43 AM PDT · by SeekAndFind · 6 replies
    Yahoo News ^ | 06/06/2012 | By Pueng Vongs
    A federal appeals court ruled on Tuesday that it will not review a three-judge panel's decision to overturn California's Proposition 8, which banned same-sex marriage. Following this ruling by the U.S. 9th Circuit Court of Appeals, Proposition 8 proponents plan to appeal the case to the U.S. Supreme Court, putting the battle for same-sex marriage on a national stage. The Supreme Court could decide to hear the case as part of its docket next year. The ruling comes after a federal appeals court in Boston ruled Thursday that the Defense of Marriage Act (DOMA), that says states don't have to...
  • AM Alert: Can Proposition 8 backers defend it in court?

    09/06/2011 8:38:27 AM PDT · by SmithL · 5 replies
    SacBee: Capitol Alert ^ | 9/6/11 | Micaela Massimino
    The California Supreme Court's newest justice, Goodwin Liu, hits the ground running this morning with a high-profile issue: Proposition 8. The high court is hearing oral arguments in San Francisco on whether state law gives sponsors of the same-sex marriage ban the right to defend it in a case now pending before a federal appellate court. U.S. District Judge Vaughn Walker of San Francisco struck down the voter-approved measure last year as unconstitutional. State officials, including Gov. Jerry Brown and Attorney General Kamala Harris, have declined to appeal. Another federal judge has since rejected the proponents' argument that Walker's decision...
  • Federal Judge Upholds Same-Sex Marriage Ruling in California

    06/14/2011 2:36:16 PM PDT · by NYer · 11 replies
    Fox News ^ | June 14, 2011
    A federal judge on Tuesday dealt a blow to opponents of same-sex marriage by upholding an earlier ruling in favor of such unions -- despite the revelation that the judge behind the earlier ruling is gay and in a relationship. Chief U.S. District Judge James Ware said former Chief Judge Vaughn Walker did not have to divulge whether he wanted to marry his own gay partner before he declared last year that voter-approved Proposition 8 was unconstitutional. Lawyers for backers of the ban argued at a hearing Monday that Walker should have recused himself or disclosed his relationship because he...
  • Gay judge's same-sex marriage ruling upheld

    06/14/2011 1:32:35 PM PDT · by Free ThinkerNY · 32 replies
    Associated Press ^ | June 14, 2011 | LISA LEFF
    SAN FRANCISCO (AP) -- A federal judge has upheld a gay judge's ruling to strike down California's same-sex marriage ban. Chief U.S. District Judge James Ware said Tuesday that former Chief Judge Vaughn Walker did not have to divulge whether he wanted to marry his own gay partner before he declared last year that voter-approved Proposition 8 was unconstitutional.
  • Skepticism over tossing gay judge's Prop. 8 ruling

    06/13/2011 7:48:02 PM PDT · by SmithL · 16 replies
    San Francisco Chronicle ^ | 6/13/11 | Bob Egelko, Chronicle Staff Writer
    Sponsors of California's ban on same-sex marriage tried to convince an apparently skeptical federal judge Monday that the jurist who overturned their ballot measure should have been disqualified because he failed to disclose his longtime relationship with a male partner. Chief U.S. District Judge Vaughn Walker's ruling last year throwing out the ballot measure should itself be overturned because the judge didn't reveal his relationship, attorney Charles Cooper said.Walker's 10-year relationship, which he publicly confirmed only after leaving the bench, was "a fact critically relevant to his interest in the case," Cooper declared during a nearly three-hour hearing in San...
  • Proposition 8, case: Court packed for hearing on same-sex marriage judge

    06/13/2011 10:22:44 AM PDT · by SmithL · 11 replies
    San Jose Mercury News ^ | 6/13/11 | Howard Mintz
    Follow Howard Mintz's live blog on this morning's arguments in the Proposition 8 case.9:58 a.m.: Attorney says Prop 8 backers were entitled to an "impartial tribunal"Judge James Ware has started the argument over Judge Walker's alleged bias by disclosing that he once presided over a same-sex marriage during the brief period that it was legalized in California before Prop. 8's passage by the voters, although he insisted he did not believe it would impact his ability to consider today's issues. Charles Cooper, Prop. 8's lawyer, appeared to agree, passing up any chance to bump Ware and launching into his argument...
  • Attorney General, San Francisco officials defend Proposition 8 ruling

    05/12/2011 8:00:01 PM PDT · by SmithL · 7 replies
    San Jose Mercury News ^ | 5/12/11 | Howard Mintz
    Attorney General Kamala Harris and San Francisco city officials moved Thursday to derail a bid by backers of Proposition 8 to wipe out last year's ruling striking down the law because of the trial judge's same-sex relationship, calling it "tired," "meritless" and motivated by bias against gays. In court papers, Harris threw California's weight against Proposition 8 sponsors, who recently argued that Chief U.S. District Judge Vaughn Walker should have removed himself from the legal battle over same-sex marriage because he has been in a long-term same-sex relationship. Walker last summer found that California's ban on same-sex marriage is unconstitutional,...
  • Gay judge’s disclosure raises bias questions--Prop. 8 case gets a new legal twist

    04/26/2011 6:29:58 PM PDT · by jazusamo · 28 replies
    The Washington Times ^ | April 26, 2011 | Valerie Richardson
    To hear them describe it, defenders of traditional marriage during last year’s trial on California’s Proposition 8 felt like the visiting team in a game with a hometown referee. It was an open secret that District Court Chief Judge Vaughn Walker was gay, although he had never publicly acknowledged it. Under the circumstances, challenging his objectivity in a case on the constitutionality of “one man, one woman” marriage carried substantial risks, such as angering the judge or being accused of “outing” a public figure, without any promise of success. The circumstances changed when Judge Walker, now retired, was quoted in...
  • Prop. 8 supporters move to erase ruling because trial judge is openly gay

    04/25/2011 5:27:29 PM PDT · by SmithL · 19 replies
    San Jose Mercury News ^ | 4/25/11 | Howard Mintz
    Backers of California's same-sex marriage ban today moved to wipe out last year's ruling declaring Proposition 8 unconstitutional, saying the federal judge who heard the historic case should have recused himself because he is gay and has been in a long-term same-sex relationship. . In court papers, the Proposition 8 campaign argues that former Chief U.S. District Judge Vaughn Walker had a presumed bias in the case because he is openly gay. Walker has never concealed the fact he is gay, but never discussed the issue publicly until a meeting with reporters last month in his San Francisco office before...
  • Judge who struck down Prop 8 confirms he's gay

    04/07/2011 5:42:53 PM PDT · by Free ThinkerNY · 100 replies
    Associated Press ^ | April 7, 2011
    The federal judge who struck down California's gay marriage ban has confirmed longtime rumors that he's gay, but said his sexuality was irrelevant in deciding the landmark case. Speaking for the first time about the case since retiring from the bench in February, former Chief U.S. District Judge Vaughn Walker said he never considered recusing himself from deciding the constitutionality of Proposition 8 because of his sexual orientation, the San Francisco Chronicle reported.
  • Vaughn Walker, retired judge, reflects on Prop. 8

    04/07/2011 12:58:49 PM PDT · by SmithL · 11 replies
    San Francisco Chronicle ^ | 4/7/11 | Bob Egelko, Chronicle Staff Writer
    The now-retired federal judge who struck down California's ban on same-sex marriage shared his reflections with reporters for the first time Wednesday, saying that the trial should have been televised and that he never considered stepping aside because he is gay."If you thought a judge's sexuality, ethnicity, national origin (or) gender would prevent the judge from handling a case, that's a very slippery slope," former Chief U.S. District Judge Vaughn Walker told reporters in a conference room at the San Francisco courthouse where he served for 21 years."I don't think it's relevant," he said.Independent thinker Walker, 67, who retired from...
  • Judge who overturned Proposition 8 to retire

    09/30/2010 12:57:42 AM PDT · by South40 · 8 replies
    LA Times ^ | 9/29/2010 | Maura Dolan
    Reporting from San Francisc — Vaughn R. Walker, the federal judge who ruled that Proposition 8 was unconstitutional, will leave the bench at the end of the year for the private sector, the U.S. District Court in San Francisco announced Wednesday. A media liaison for the court said Walker's decision was unrelated to his August ruling that found a ban on same-sex marriage violated the U.S. Constitution.
  • { Vaughn Walker } Judge who struck down Prop. 8 to retire

    09/29/2010 6:27:26 PM PDT · by SmithL · 11 replies
    San Francisco Chronicle ^ | 9/29/10 | Bob Egelko, Chronicle Staff Writer
    SAN FRANCISCO -- Chief U.S. District Judge Vaughn Walker, who struck down California's ban on same-sex marriage last month, will retire at the end of this year, his court said today. Walker, 66, a former business lawyer in San Francisco, was appointed to the court by President George H.W. Bush in 1990 and began a seven-year term as chief judge of the Northern District of California in September 2004. He will perhaps be best remembered for his Aug. 4 ruling overturning Proposition 8, the initiative passed by California voters in 2008 that defined marriage as the union of a man...
  • Prop 8 backers target trial judge in urging appeal

    09/18/2010 2:43:18 PM PDT · by JoeProBono · 12 replies
    hosted ^ | Sep 18 | LISA LEFF
    SAN FRANCISCO (AP) -- Backers of California's same-sex marriage ban urged a federal appeals court to overturn the trial judge who struck down Proposition 8 by arguing late Friday that his consideration of evidence was "egregiously selective and one-sided." In written arguments to the 9th U.S. Circuit Court of Appeals, lawyers for the ban's sponsors alleged that Chief U.S. Judge Vaughn Walker "quite willfully" disregarded a 1972 U.S. Supreme Court precedent and other relevant information when he decided the voter-approved measure was an unconstitutional violation of gay Californians' civil rights. "The district court based its findings almost exclusively on an...
  • Gay Group Deploys Celebrities in Same-Sex Marriage Debate, Sidelines Judicial Activism

    09/15/2010 6:30:55 AM PDT · by Michael van der Galien · 6 replies
    When U.S. District Chief Judge Vaughn R. Walker struck down California’s Proposition 8, the subsequent hubbub centered primarily around whether the decision was an example of judicial activism. Whether Walker, or any federal judge, is within their jurisdiction to rule on a state’s constitution is an entirely separate argument from whether the institution of marriage ought to be redefined. No matter which side of the latter issue you support, it is of greater importance to the integrity of our republican jurisprudence that we all embrace the correct answer to the former. It is the purview of the states to craft...
  • Chuck Cooper Strikes Back

    08/19/2010 11:07:11 AM PDT · by Kaslin · 3 replies ^ | August 19, 2010 | Maggie Gallagher
    This week, two things happened in the gay marriage wars: The 9th U.S. Circuit Court of Appeals issued a stay overruling U.S. District Judge Vaughn Walker's decision to permit gay marriages to take place immediately, before higher courts have a chance to review his unprecedented ruling. And a new poll released by Public Policy Polling shows that Americans continue to oppose gay marriage by an almost 2-to-1 margin. Normally, when a lower court judge finds a new constitutional right never before acknowledged by any federal court except his, he is modest and reasonable enough to stay his decision, recognizing that...
  • Prop. 8 ruling ignores precedent, evidence and common sense

    08/17/2010 5:12:00 PM PDT · by TruthHound · 6 replies
    Washington Post ^ | By Edwin Meese III
    Even some who support same-sex marriage worry that, in striking down California's voter-approved proposition defining marriage as between one man and one woman, U.S. District Judge Vaughn Walker went too far. They are right -- and not the only ones who should be concerned. Walker's ruling is indefensible as a matter of law wholly apart from its result. By refusing to acknowledge binding Supreme Court precedent, substantial evidence produced at trial that was contrary to the holding and plain common sense, the ruling exhibits none of the requirements of a traditional decision. This opinion is arbitrary and capricious, and its...
  • California Gay Marriage on Hold as Case Is Appealed

    08/16/2010 11:50:01 PM PDT · by lbryce · 10 replies
    New York Times ^ | August 16, 2010 | Jesse McKinley
    A federal appeals court has extended a stay on same-sex marriages in California until it decides whether a ban on such unions is constitutional. It is just the latest turn in a protracted legal battle over Proposition 8, the voter-approved ban. The ruling, issued by a three-judge panel of the United States Court of Appeals for the Ninth Circuit, came less than a week after a federal district judge, Vaughn R. Walker, lifted a stay he had imposed to allow proponents of the ban to argue why same-sex marriages should not proceed. On Aug. 4, Judge Walker ruled that Proposition...
  • Court halts Calif. gay marriages pending appeal

    08/16/2010 4:28:15 PM PDT · by NormsRevenge · 45 replies · 2+ views
    AP on Yahoo ^ | 8/16/10 | Lisa Leff - ap
    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. 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.
  • Appeals court stays marriage ruling (Ca Prop 8)

    08/16/2010 4:01:36 PM PDT · by Beaten Valve · 141 replies
    Politico ^ | August 16, 2010 | Ben SMith
    The Ninth Circuit has stayed Judge Vaughn Walker's ruling in the high-profile Constitutional challenge to California's same-sex marriage ban. The case is scheduled to be heard in early December. So hold the wedding bells. There is some good news, though, for the same-sex plaintiffs: The court warned in its order that it's considering dismissing the appeal on the grounds that the appelants -- who don't include the Governor or Attorney General -- lack standing. "In addition to any issues appellants wish to raise on appeal, appellants are directed to include in their opening brief a discussion of why this appeal...
  • Katherine Kersten: Problems with Prop 8 ruling? Where to start

    08/15/2010 5:24:02 AM PDT · by rhema · 11 replies
    Minneapolis Star Tribune ^ | August 14, 2010 | KATHERINE KERSTEN
    Did you know that Barack Obama and Hillary Clinton are bigots? Ditto for the justices of New York's, Maryland's and Washington's highest state courts. And there are at least 7 million bigots in California alone, along with legions more across the country. Their strange and aberrant delusion? They believe -- or say it's reasonable to believe -- that traditional marriage is a social good that serves our nation well. So says federal Judge Vaughn Walker, who recently overturned Proposition 8 -- passed by California voters in 2008 to enshrine one man/one woman marriage in their state's constitution. Walker ruled Prop...
  • The Most Egregious Performance Ever by a Federal District Judge

    08/14/2010 2:17:25 AM PDT · by guitarist · 26 replies · 1+ views
    National Review Online's Bench Memos ^ | August 13, 2010 | Ed Whelan
    The Most Egregious Performance Ever by a Federal District Judge August 13, 2010 2:29 PM By Ed Whelan Consider the totality of Judge Walker’s conduct in the anti-Prop 8 case: Let’s start with Walker’s initial case-management conference when he determined, to the surprise even of plaintiffs’ lawyer Ted Olson, that the case couldn’t be resolved, one way or the other (as other courts have done in similar cases), as a matter of law but would instead require extensive discovery into supposed factual issues. Let’s continue with Walker’s insane and unworkable inquiry into the subjective motivations of the more than seven...
  • A biased ruling on gay marriage in California

    08/14/2010 4:50:35 AM PDT · by GonzoII · 14 replies ^ | August 13, 2010 | Tim Wildmon
    U.S. District Chief Judge Vaughn R. Walker should have recused himself, but he had a legal and political statement he wanted to make. The people of California spoke clearly at the polls in 2008 when they passed an amendment to the state Constitution that defined marriage as a union between one man and one woman. The public debate was held, the media wars were fought, both sides spent millions of dollars and the people voted for Proposition 8 by a margin of 52% to 48%. The people's will carried the day, as it is supposed to — until U.S. District...
  • The Prop 8 Case Charade

    08/13/2010 10:22:12 AM PDT · by DesertRenegade · 19 replies
    Townhall ^ | Aug 13, 2010 | Mario Diaz
    If you’d like to know what hours of fingernail scraping on a chalkboard feels like, simple give the recent California marriage decision a close read. It’s so blatantly biased as to border on comical. And because it is so over-the-top, the Ninth Circuit Court of Appeals will find it hard to uphold it without employing some creative legal gymnastics to minimize the damage created. The man responsible for the opinion is United States District Chief Judge Vaughn R. Walker, whose conduct at trial and tone in the opinion resembles Perez Hilton at the Miss America pageant. Who can forget Hilton...
  • Judge doubts gay marriage ban's backers can appeal

    08/13/2010 8:35:47 AM PDT · by reaganaut1 · 69 replies · 1+ views
    Associated Press ^ | August 13, 2010 | PAUL ELIAS and LISA LEFF
    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...
  • Appeals Court Asked to Block Start of Gay Weddings (Prop 8 Goes to 9th Circus)

    08/12/2010 7:10:51 PM PDT · by kristinn · 32 replies
    The Associated Press ^ | Thursday, August 12, 2010 | Paul Elias
    The sponsors of California's gay marriage ban have asked an appeals court to stop a federal judge's order allowing same-sex weddings to begin next week. The lawyers defending Proposition 8 asked the 9th U.S. Circuit Court of Appeals late Thursday to impose a stay that would halt gay marriages while the court considers the judge's ruling that struck down the ban.
  • Prop 8 supporters are unhappy that ban on gay marriage has been overturned by a federal judge

    08/12/2010 8:24:41 PM PDT · by DesertRenegade · 27 replies
    Los Angeles Times ^ | August 12, 2010 | Mike Anton
    When a federal judge last week struck down California's Proposition 8 as unconstitutional, proponents of same-sex marriage cheered the decision at rallies in West Hollywood and San Francisco. Public displays of displeasure at U.S. District Chief Judge Vaughn R. Walker's ruling were far and few between. But Walker's decision struck an angry chord with many who voted for Proposition 8 in 2008. On Thursday, he extended a temporary hold on his order until Wednesday to give sponsors of the measure time to appeal the ruling. What was once a moral argument has morphed into a debate over the democratic process...
  • Judge Walker Lifts Stay on Prop 8 Ruling: Gay Marriage to Resume in California on August 18th

    08/12/2010 1:40:03 PM PDT · by detritus · 41 replies
    IndyPosted ^ | 8/12/10 | Dan Evon
    Judge Vaughn Walker has lifted the stay on his Proposition 8 ruling, which deemed a ban on gay marriage as unconstitutional. Walker's ruling last week was ground breaking, but it still kept the ban on gay marriage intact, until Prop 8 was ruled on by the 9th Circuit Court of Appeals. Walker has now removed the stay, and will allow for gays and lesbians to marry in the state of California. Walker said that he would lift the stay on August 18th. The LA Times reports that the temporary hold on gay marriage is to allow supporters of Prop 8...
  • Judge Says Gay Marriages Won't Resume In California Until Next Wednesday

    08/12/2010 12:44:17 PM PDT · by freedomwarrior998 · 138 replies
    SACRAMENTO - Judge Vaughn Walker has lifted a stay in order regarding last week's verdict that stated Proposition 8, California's law that defined marriage as a union between one man and one woman, is unconstitutional.
  • Judge to announce Prop 8 stay ruling

    08/11/2010 9:53:59 PM PDT · by DesertRenegade · 30 replies
    UPI ^ | Aug 12, 2010 | UPI
    The judge who threw out California's ban on gay marriage said Wednesday he is prepared to decide whether to stay his ruling pending appeal. U.S. District Judge Vaughn Walker, chief of the court in San Francisco, ruled last week that Proposition 8, adopted by California voters in 2008, is unconstitutional. The court said he plans to issue his decision on a stay Thursday morning. Walker issued a temporary stay last week. If he decides to keep his ruling from taking effect pending appeal, same-sex couples might be barred from marriage in California for several years, the Los Angeles Times said....
  • Proposition 8 judge attacks churches

    08/11/2010 4:23:28 PM PDT · by DesertRenegade · 12 replies · 1+ views
    The Washington Times ^ | August 11, 2010 | Alan F.H. Wisdom
    U.S. District Judge Vaughn R. Walker's Aug. 4 ruling striking down California's Proposition 8 asserted far more than was necessary to redefine marriage as being between any two persons. Judge Walker's decision included controversial "findings of fact" that amounted to a massive new salvo in the culture wars over sexuality. Drawing up his judicial robes, Judge Walker rejected "stereotypes and misinformation" that "have resulted in social and legal disadvantages for gays and lesbians." He denied that there is "any rational basis" for distinguishing the marriage of man and woman from same-sex relationships. For example, Judge Walker found no reason why...
  • Gay Marriage Myths and Truth

    08/11/2010 8:12:26 AM PDT · by Kaslin · 19 replies ^ | August 11, 2010 | Michael Medved
    The decision by federal judge Vaughan Walker to invalidate California’s Proposition 8 both recycles and revives some of the tired, misleading clichés regarding the same sex marriage controversy. These distortions demand direct, concise correction and rebuttal. 1. “Proposition 8 was a mean-spirited ban on gay marriage.” TRUTH: Proposition 8 banned nothing. The ubiquitous headlines describing this voter-mandated change in the California constitution as a “gay marriage ban” amount to the worst example of journalistic malpractice in recent years. The entire proposition consisted of only fourteen words: “Only marriage between a man and a woman is valid or recognized in California.”...
  • Schwarzenegger: Let Gays Marry Immediately

    08/10/2010 4:32:49 PM PDT · by NYer · 26 replies
    Life Site News ^ | August 10, 2010 | James Tillman
    SACRAMENTO, California, August 9, 2010 ( – California Governor Arnold Schwarzenegger is urging Judge Vaughn Walker to discontinue the stay that the judge placed on the enforcement of his own ruling against Proposition 8, and to thereby let homosexuals marry.Judge Walker issued his explosive decision against traditional marriage last week; however, he decided to enjoin enforcement of his order and not to allow gay “marriages” to commence immediately in the state, pending the inevitable appeal of his ruling by defenders of true marriage. "The Administration believes the public interest is best served by permitting the Court’s judgment to go into effect,...
  • This Just In: Civilization Ends

    08/10/2010 10:32:50 AM PDT · by NYer · 78 replies
    IC ^ | August 10, 2010 | Robert R. Reilly
    When do you know it's over? When do you know that civilization has collapsed inwardly to such an irreparable extent that the next stop is barbarism? When is that Weimar moment?Certainly, the legalization of abortion was one such moment, as barbarism is defined as the inability or unwillingness to recognize another person as a human being. Abortion is the denial of procreative sex by nullifying its effects, which are seen as accidental. If you have an accident and conceive a baby, you can just clean up the mess by aborting it.Now we are experiencing another Weimar moment, which also denies...
  • Jerry Brown urges judge to allow same-sex marriages to resume while opponents wait on appeal

    08/06/2010 5:42:51 PM PDT · by Free ThinkerNY · 15 replies ^ | August 6, 2010
    California Atty. Gen. Jerry Brown urged a federal judge Friday to permit same-sex marriages to resume in the state immediately. Brown told U.S. District Chief Judge Vaughn R. Walker that his historic ruling that overturned Proposition 8 probably will be upheld by higher courts. He said his office last year opposed a pretrial request to block Proposition 8 only because the legal and factual issues had not then been explored. "That has now occurred," Brown's office said. "And while there is still the potential for limited administrative burdens should future marriages of same-sex couples be later declared invalid, these potential...
  • What's Next, Bigamy? [Does CA Prop 8 overturn signal polygamy next?]

    08/06/2010 5:43:05 PM PDT · by 2ndDivisionVet · 38 replies
    Fox News ^ | August 5, 2010 | Peter Ferrara
    Yesterday’s ruling by a California federal court striking down the state’s ban on gay marriage opens a constitutional Pandora’s Box. The court ruled that the gay marriage ban violates the Equal Protection Clause because homosexuals should be just as free to marry whoever they choose as heterosexuals. The court concluded that there is no rational basis for a distinction between the marriage of a man and a woman and the marriage of a man and a man. Whether the failure to see any rational distinction there is itself rational will be decided on appeal. But as of now the decision...
  • Schwarzenegger, Brown Oppose Stay of Same-Sex Ruling

    08/06/2010 5:33:06 PM PDT · by NoLibZone · 6 replies
    Bloomberg ^ | Aug 6 2010 | By Edvard Pettersson
    Aug. 6 (Bloomberg) -- California Governor Arnold Schwarzenegger and Attorney General Jerry Brown opposed a request by supporters of a voter-approved ban on same-sex marriages to stay a federal judge’s order that found the ban violates the U.S. Constitution. “Proposition 8 is unconstitutional,” Brown, a Democrat running for governor, said today in a filing in federal court in San Francisco. “The public interest weighs against its continued enforcement.” Schwarzenegger, a Republican serving his last term, said in a separate court filing that waiting for the appeals court to review Walker’s ruling before letting it go into effect isn’t necessary to...
  • Irate Prop. 8 backers say gay judge not impartial

    08/06/2010 8:01:09 AM PDT · by SmithL · 36 replies
    Sacramento Bee ^ | 8/6/10 | Peter Hehct
    After Vaughn Walker was nominated for the federal court in 1987, gay activists took issue with his role as a lawyer for the U.S. Olympic Committee who successfully sued to bar a San Francisco sports festival from calling itself the "Gay Olympics." After Walker issued a landmark ruling Wednesday that overturned California's Proposition 8 ban on gay marriage, his detractors took issue with the fact that the judge is gay. As the topic stoked Internet and talk radio chatter, some blasts aimed at the presiding judge of the U.S. District Court of Northern California in San Francisco were direct and...
  • Time for a Divorce

    08/06/2010 5:39:50 AM PDT · by Kaslin · 59 replies ^ | August 6, 2010 | David Harsanyi
    In the 1500s, a pestering theologian instituted something called the Marriage Ordinance in Geneva, which made "state registration and church consecration" a dual requirement of matrimony. We have yet to get over this mistake. But isn't it about time we freed marriage from the state? Imagine if government had no interest in the definition of marriage. Individuals could commit to each other, head to the local priest or rabbi or shaman -- or no one at all -- and enter into contractual agreements, call their blissful union whatever they felt it should be called and go about the business of...
  • Gay-vows zealotry from the bench

    08/06/2010 2:37:12 AM PDT · by Scanian · 63 replies
    NY Post ^ | August 6, 2010 | Rich Lowry
    It's safe to assume that Judge Vaughn Walker voted against Proposition 8 banning gay marriage in California back in 2008. Throughout the trial on the measure in his courtroom, he proved himself as zealously in favor of gay marriage -- if not more so -- than the plaintiffs petitioning to have it declared unconstitutional. If he voted "no" a couple of years ago, Judge Walker wasn't alone. More than 6.4 million Californians voted against Proposition 8. At 48 percent, that was almost enough to constitute a majority. But Judge Walker presumably got two bites at the apple: First in the...
  • Judge's personal life debated after gay ruling

    08/06/2010 6:42:48 AM PDT · by Zakeet · 29 replies
    Associated Press ^ | August 6, 2010 | Lisa Leff
    The federal judge who overturned California's same-sex marriage ban this week is a Republican who once came under fire for his membership to a powerful all-male club that had only recently allowed blacks to join. But after Chief U.S. Judge Vaughn Walker struck down the voter-approved ban known as Proposition 8, he became something else in the minds of some: a gay activist. Rumors have circulated for months that Walker is gay, fueled by the blogosphere and a San Francisco Chronicle column that stated his sexual orientation was an "open secret" in legal and gay activism circles. Walker himself hasn't...
  • Judge's personal life debated after gay ruling

    08/06/2010 10:04:48 AM PDT · by JoeProBono · 14 replies
    hosted ^ | Aug 6 | LISA LEFF
    SAN FRANCISCO (AP) -- The federal judge who overturned California's same-sex marriage ban this week is a Republican who once came under fire for his membership to a powerful all-male club that had only recently allowed blacks to join. But after Chief U.S. Judge Vaughn Walker struck down the voter-approved ban known as Proposition 8, he became something else in the minds of some: a gay activist.....
  • Disoriented Judge

    08/05/2010 5:29:24 PM PDT · by Kaslin · 22 replies
    IBD Editorials ^ | August 5, 2010 | Investors Business, Daily staff
    Journalism: Funny how practically no one knew that Judge Vaughn Walker was openly homosexual before his seismic ruling Wednesday. Why was such an obvious predisposition worth so little media attention? All federal judges must swear they "will faithfully and impartially discharge and perform all the duties incumbent upon me ... so help me God." But can a judge given the opportunity to knock down a law that declared homosexual marriages invalid be impartial when he himself is openly homosexual? That question should have been part of the public discourse over the high-profile trial in U.S. District Court in San Francisco...
  • California’s Prop. 8 Still In Effect

    08/05/2010 10:18:33 AM PDT · by DesertRenegade · 10 replies
    Fox News ^ | 5 AUG 2010 | Claudia Cowan
    Despite the landmark ruling striking down California's ban on same sex marriage, nothing has really changed. Gay and lesbian couples still can't get married, because Chief U.S. District Judge Vaughn Walker issued a temporary stay on his decision. Prop. 8 is still in effect while he considers whether his order should be suspended pending an appeal. Lawyers on both sides are presenting arguments either in favor of, or opposed to, allowing gay weddings to resume. Tomorrow, Walker is expected to to rule on this very critical question of if, and when, the state will stop enforcing the 2008 voter-approved ban...
  • Republican mayor of San Diego "thrilled" by Prop. 8 ruling

    08/04/2010 7:36:22 PM PDT · by DesertRenegade · 29 replies
    Los Angeles Times ^ | Aug 4, 2010 | Tony Perry
    The Republican mayor of San Diego, who defied elements in his party by declaring in 2007 that he supports same-sex marriage, said he is "absolutely thrilled" by the court ruling striking down Proposition 8, the voter-approved measure that banned same-sex marriages. "I think Judge Walker did a great job of listening to the arguments and making the right decision," said Mayor Jerry Sanders, just minutes before attending a celebratory rally at San Diego's Gay-Lesbian-Bisexual-Transsexual Community Center. Sanders said he would like San Diego County to resume issuing marriage licenses to gay and lesbian couples but he understands the need to...
  • Would Judge Walker in CA Say That Polygamists Due Process Rights Are Also Being Violated?

    08/04/2010 3:57:04 PM PDT · by Laissez-faire capitalist · 38 replies
    8/4/2010 | Laissez-Faire Capitalist
    Federal Judge Vaughn Walker ruled that California's Prop 8, which defined marriage as being the union between a man and a woman, as being unconstitutional. This judge said that it violated the due process and equal protection rights of two homosexual couples who married. Would this judge say that consenting adult polygamists due process and equal protection rights are being violated right now? Wouldn't it be hypocritical of this judge to apply this ruling to consenting adult homosexuals, but not consenting adult polygamists? While some marriages have involved people who are not of consenting age, there are many, many people...
  • Conservatives vow to fight Prop. 8 ruling, citing threat to gay marriage bans nationwide

    08/04/2010 3:07:04 PM PDT · by DesertRenegade · 47 replies
    CNN ^ | Aug 4, 2010 | Dan Gilgoff
    Within moments of a federal judge striking down California's marriage ban Wednesday, religious conservatives vowed to fight the ruling until the Supreme Court, saying the decision threatens gay marriage bans nationwide. "This lawsuit, should it be upheld on appeal and in the Supreme Court, would become the 'Roe v. Wade' of same-sex 'marriage,' " said Family Research Council President Tony Perkins, referring to the 1973 decision that legalized abortion. Perkins said the ruling, which found California's gay marriage ban unconstitutional, would overturn marriage bans adopted by dozens of states if it is upheld.
  • Why Has Media Ignored Judge's Possible Bias In California's Gay Marriage Case?

    08/04/2010 12:28:47 PM PDT · by DesertRenegade · 5 replies
    Fox News ^ | AUG 4 2010 | Gerard Bradley
    Any minute now we will hear the result of another lawsuit about same-sex marriage. This month a federal judge in Massachusetts threw out a Congressional law which defined marriage as the union of man and woman. Soon a federal judge in California is going to rule in a lawsuit challenging “Proposition 8," the referendum by which California’s voters kept the traditional meaning of marriage in their law. If the pending ruling throws out Prop. 8 – as it very likely will – it would be the biggest victory so far for those promoting same-sex marriage in the United States. These...
  • At Closings, Judge Asks Same-Sex Marriage Foes, "Where's Your Evidence?"

    06/17/2010 11:47:45 AM PDT · by Behind Liberal Lines · 47 replies · 1,885+ views
    New York Lawyer ^ | June 17, 2010 | By Dan Levine | The Recorder
    SAN FRANCISCO - Charles Cooper, the attorney defending a federal challenge to Proposition 8, came to San Francisco to deliver his closing argument on same-sex marriage Wednesday. But Chief Judge Vaughn Walker made it feel much more like a cross-examination. Walker closely questioned Cooper about his trial presentation, including why his side called only one witness to testify about the institution of marriage. Where Cooper's counterpart Theodore Olson of Gibson Dunn & Crutcher was able to deploy lofty rhetoric with less interruption, Cooper was stuck parrying Walker for about two hours. At one point, Walker asked Cooper to recount the...