Connect with us

UPDATED: Prop 8 Case Will Not Be Re-Heard By The Ninth Circuit — What’s Next

Published

on

Prop 8 will not be re-heard by the the Ninth Circuit Court of Appeals again, “en banc.” The court could have decided to chose an 11-judge panel to rehear the case, which it was not expected to do.

What’s next? Supporters of Prop 8 can petition the Supreme Court to try the case, or, after ninety days, same-sex couples in California can begin to marry again, if the case does not go to the Supreme Court.

The Ninth Circuit has decided to “stay” the ruling, which would mean that same-sex marriage would still not be allowed in California, until the end of the 90 days, or until the case goes to the Supreme Court.

Chances are strong that the supporters of Prop 8 will take their case to the Supreme Court, which probably would not hear the case until 2013 at the earliest.

The Prop 8 lawsuit questions the constitutionality of California’s constitutional amendment that bans same-sex marriage. Prop 8 was found to be unconstitutional by federal judge Vaughn Walker, and his ruling was upheld by federal judge James Ware.

A three panel Ninth Circuit court also upheld Judge Walker’s ruling, and today the Ninth Circuit denied the supporters of Prop 8 a re-hearing. They now have 90 days to ask the Supreme Court to hear the case. The Supreme Court could refuse. If it agrees, the makeup of the Supreme Court will most likely be the deciding factor in a same-sex marriage case.

Scottie Thomaston, writing at Courage Campaign’s Prop 8 Trial Tracker, notes:

It’s likely that Justices at the Supreme Court would have their conference to take up the petition and decide whether to grant review or not sometime after their summer break in October. Oral argument would follow a few months later, and then a final decision would be issued by June or July 2013.

Judge O’Scannlain has filed a dissent from the denial of en banc rehearing joined by Judges Bybee and Bea, and in it he discusses his belief that Judge Smith’s dissent was correct. He says that “we have now declared that animus must have been the only conceivable motivation for a sovereign State to have remained committed to a definition of marriage that has existed for millennia.”

No one is certain if the Supreme Court would grant review of the case as it currently stands. Judge Reinhardt’s opinion for the three-judge Ninth Circuit panel is very narrow and the holding is specific to California’s unique legal circumstances. A denial of rehearing in this case leaves the decision California-specific and there may not be four Justices – the number needed to grant certiorari – who want to visit an issue that’s so limited in scope. On the other hand, the panel’s decision did strike down an amendment to a constitution of an enormous state involving a contentious issue. And allowing gay couples to marry in California would nearly double the amount of people in the United States who live in an area that allows same-sex marriage.

AFER, the group that is opposing Prop 8, has created an excellent info graphic that explains more. You can see our report of it from yesterday, here.

“Once again, a federal court has affirmed that the cherished guarantees of our Constitution are there to protect all Americans – including lesbian, gay, bisexual and transgender people,” Human Rights Campaign (HRC) President Joe Solmonese said in a statement.”For over three years, the plaintiffs, the American Foundation for Equal Rights, and attorneys Ted Olson and David Boies have shown tremendous fortitude and perseverance in their fight for marriage equality.  With today’s announcement, we are one step closer to ensuring that gay and lesbian Californians – and, one day, our entire community nationwide – are able to join the institution of marriage and have their love and commitment respected equally.”

“Today’s announcement is another significant step on a path that we all know leads to equality.  While the U.S. Supreme Court may ultimately decide the outcome of this case, we must all continue to walk that path – in this case and other courtrooms, in legislatures, at ballot boxes and at kitchen table – until all LGBT people are fully and equally part of the American community.”

Other organizations are starting to weigh in.

“Today’s decision means we are one significant step closer to ensuring fairness and freedom for all American families,” said Family Equality Council Executive Director Jennifer Chrisler. “A majority of Americans, President Obama and many of our nation’s elected leaders have changed their hearts and minds to support marriage equality for our families. Now we have renewed hope that the laws and policies of country will change as well. We look forward to the day when our children and grandchildren can be assured of full equality and full protection under the law.”

The National Center for Lesbian Rights’ Executive Director Kate Kendell stated:

“Today’s refusal by the Ninth Circuit to grant further review is a testament to the meticulous and well-reasoned opinion originally issued by the Court. While the supporters of Proposition 8 will now seek review by the U.S. Supreme Court, there is no doubt that they are on the wrong side of history. Excluding same-sex couples from the right to marry runs counter to our highest ideals of equality and fairness.”

Evan Wolfson, founder and President of Freedom to Marry:

“Today’s decision by the Ninth Circuit to deny a rehearing of Perry vs. Brown brings committed same-sex couples in California one step closer to being able to marry.  It’s now been three-and-a-half years since the freedom to marry was stripped from from loving and committed same-sex couples.  It is long past time for this ‘gay exception’ to marriage in California to come to an end.   Freedom to Marry calls on all Americans to join us in continuing to make as strong a case in the court of public opinion as legal advocates are making in the court of law.”

Via Marriage Equality New York:

“The momentum for the freedom to marry seems unstoppable,” said Stuart Gaffney, Marriage Equality USA’s Media Director. “Three weeks ago, the President of the United States announced his support for marriage equality. Last week, the 1st Circuit Federal Court of Appeals held that the so-called Defense of Marriage Act is unconstitutional. And today, the 9th Circuit Federal Court of Appeals upheld its earlier decision striking down Proposition 8. Nationwide polls have shown majority support for the freedom to marry for the last two years, and Californians now favor marriage equality by a 59 – 34 percent margin, according to the latest polling,” said Gaffney.

“Earlier this year, a 3-judge panel of the Ninth Circuit held that Proposition 8’s targeting lesbian and gay people and taking away their freedom to marry violated the equality and fairness guarantees of the United States Constitution. Today, a majority of the Court agreed, by declining to revisit the ruling. If the United States Supreme Court also declines to review the case, loving, committed lesbian and gay couples could be able to marry again in California later this year or early next year,” said John Lewis, Marriage Equality USA’s Legal Director.

Thom Watson and Jeff Tabaco of Daly City have been waiting to marry since Prop 8 was passed almost 4 years ago. “This month Jeff and I begin our 10th year together as a couple,” noted Watson. “When Judge Vaughn Walker heard closing arguments two years ago this month, he quipped, ‘June is, after all, the month for weddings,'” stated Tabaco. “It would be wonderful if this June marked the final decision in the case, and Thom and I could celebrate our 10th anniversary by getting legally married,” he continued. “A few days ago First Lady Michelle Obama stated: ‘In a country where we teach our children that everyone is equal under the law, discriminating against same-sex couples just isn’t right.’ We applaud our courts’ standing up for what’s fair and right and urge them to continue to do so,” concluded Watson.

Developing — stay tuned.

Related:

Breaking: Mitt Romney Donated $10,000 To NOM During Prop 8 Says HRC

Prop 8 Lawyers Attack GLAAD For New Pundit Accountability Project

Watch The Prop 8 Play “8″ Starring Brad Pitt, George Clooney, Jane Lynch

 

Continue Reading
Click to comment
 
 

Enjoy this piece?

… then let us make a small request. The New Civil Rights Movement depends on readers like you to meet our ongoing expenses and continue producing quality progressive journalism. Three Silicon Valley giants consume 70 percent of all online advertising dollars, so we need your help to continue doing what we do.

NCRM is independent. You won’t find mainstream media bias here. From unflinching coverage of religious extremism, to spotlighting efforts to roll back our rights, NCRM continues to speak truth to power. America needs independent voices like NCRM to be sure no one is forgotten.

Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure NCRM remains independent long into the future. Support progressive journalism with a one-time contribution to NCRM, or click here to become a subscriber. Thank you. Click here to donate by check.

OPINION

‘Impose Gender Ideology’: DeSantis Continues Attacks on LGBTQ Equality at RNC

Published

on

Walking out beneath a banner that read “Make America Safe Once Again,” Florida Governor Ron DeSantis continued the GOP’s attacks on LGBTQ Americans into Tuesday night at day two of the Republican National Convention, despite the party’s presidential nominee, Donald Trump, vow to unite the nation.

Parading his far-right social agenda, DeSantis, who ended his 2024 presidential bid in January, angrily attacked President Joe Biden and American principles of equality.

“Let’s be honest here. Biden is just a figurehead. He’s a tool for imposing a leftist agenda on the American people. They support open borders, allowing millions and millions of illegal aliens to pour into our country and divert in our communities. But just don’t send any to Martha’s Vineyard then they get really upset,” the two-term Florida GOP governor mockingly declared, reminding Republicans that he spent state tax dollars to pick up 48 Venezuelan asylum seekers, including children, in Texas, and transport them to the tiny island town in Massachusetts, where they discovered, one said, they had been “tricked.”

READ MORE: ‘Release Your Medical Records’: No Report on Trump’s Health 3 Days After Assassination Attempt

“They have unleashed progressive prosecutors across our nation who care more about coddling criminals than about protecting their own communities,” DeSantis continued at the convention where Donald Trump, a convicted felon, was officially chosen as the party’s presidential nominee just 24 hours earlier.

“They use the unelected bureaucracy to impose their will on us without our consent,” DeSantis added, although it was unclear if he was  referring to the nation’s justice system. “And they weaponize political power to target their political opponents like they’ve done to our own nominee.”

“They want to ban gas automobiles, eliminate Second Amendment rights and impose gender ideology on everyone from our infantry men to kindergarteners. They stand for DEI, which really means ‘division, exclusion and indoctrination’ and it is wrong.”

DEI stands for diversity, equity, and inclusion.

“They mandated that you show proof of a COVID vaccine to go to a restaurant, but they oppose requiring proof of citizenship to cast the vote,” he claimed before adding, “They can’t even define what a woman is.”

READ MORE: ‘Fight! Fight! Fight!’: RNC’s ‘Chilling’ MAGA Chant Echoes Trump – and ‘1930’s Germany’

DeSantis originally had not been scheduled to speak at the convention, despite having endorsed Donald Trump when he ended his presidential campaign. On Tuesday it was announced both DeSantis, and Trump’s other top rival for the nomination, his former Ambassador to the United Nations, Nikki Haley, would both speak to the delegates.

As DeSantis praised Trump, the nominee was in the audience, standing next to his son Eric, his new vice presidential running mate, U.S. Senator JD Vance, and U.S. Congresswoman Marjorie Taylor Greene of Georgia.

CNBC reported Tuesday the second day of the Republican National Convention saw Nikki Haley, Ron DeSantis, Marco Rubio, and Ted Cruz “bend the knee.”

“The primary campaign is a distant memory now,” Florida Politics noted.

Watch DeSantis’ speech below or at this link.

READ MORE: Was Trump Hit by a Bullet or Not? Calls Mount for Campaign to Release Medical Records

 

 

 

 

Continue Reading

News

‘Release Your Medical Records’: No Report on Trump’s Health 3 Days After Assassination Attempt

Published

on

Exactly 72 hours after the attempted assassination of Donald Trump, neither his campaign nor his doctors have released any relevant information about the extent of his injuries, or any update on the health of the 78-year old man who just became the Republican Party’s presidential nominee.

While seeing apparent blood on his ear and dripping across his face, Americans have not been seen a medical report about the effects of the shooting that did take a supporter’s life and seriously wounded two other people.

Nor have Americans been told the extent of his injuries, how serious they were, if they were caused by a bullet, shrapnel, or shards of glass. No one has been told if any material entered the ex-president’s skull or brain, or if there is any lasting damage – cosmetic or otherwise.

READ MORE: Secret Service Arrests Florida Man Threatening to Kill President Biden ‘Today!’

According to Eric Trump on Monday at the RNC, “my father got shot at. Somebody took off half his ear.”

There are far more questions than answers, and the questions are growing.

“As an investigative journalist, I notice missing evidence & ask why,” writes former Forbes reporter Jonathan Greenberg, who exposed Trump’s “John Barron” con. “Why is Trump hiding medical report/ear imagery? Where are bullet forensics of shooter to Trump & 3 victims? Where was Trump & what was he doing for 10 days prior to shooting? Where was shooter past month?”

Greenberg’s question about the convicted ex-president’s whereabouts for ten days also has also gone unanswered. After the damning debate with President Joe Biden, but before Saturday’s shooting that could have taken Trump’s life, some expressed wonder about the convicted ex-president’s apparent 10-plus day disappearance. That wonder, for some, has turned into baseless conspiracy theories including one that alleges the assassination was staged and Trump disappeared for over a week to “rehearse” the plot.

RELATED: Was Trump Hit by a Bullet or Not? Calls Mount for Campaign to Release Medical Records

Attorney and former congressional special counsel John P. Flannery II, a frequent cable news guest, declared, “hey Don release your medical records.”

“I am in no way saying anything wasn’t as it seemed but can we at least get an official medical report on Trump’s ear?” asked professor of law Eric Segall on Tuesday.

“You would think someone would inquire about Trump’s medical report if for no other reason than Trump has not provided any medical updates or information, neither has the hospital that treated him,” remarked former Republican Party chairman Michael Steele. “Outside of Trump telling us he’s ‘fine’, how severe was the wound? Did he loose part of his ear (bullets do terrible things to flesh)? How long for recovery? Will the wound require cosmetic surgery? What about reports that it may not have been a bullet which wounded him but glass from the shattered teleprompter?”

“I mean isn’t fair to ask Trump to release the medical records? What was the extent of the injury? Is he healing? How is his health? What did the doctors say? This is a 78-year-old man who survived a shooting and is running for President after all,” commented Daily Beast columnist Wajahat Ali.

Watch the video above or at this link.

READ MORE: Biden Channels Lincoln in Address on Trump Assassination Attempt: ‘We Are Not Enemies’

 

 

 

Continue Reading

News

Secret Service Arrests Florida Man Threatening to Kill President Biden ‘Today!’

Published

on

The U.S. Secret Service has arrested a man in Florida who allegedly made repeated threats to kill President Joe Biden, including saying he would “kill joe biden today!!”

Late Monday, according to Pulitzer Prize winning journalist Seamus Hughes, “the Secret Service arrested a Florida man, Jason Alday, for threatening to ‘slit Joe biden’s throat.’ ”

Hughes wrote at Lawfare about Saturday’s attempted assassination of Donald Trump: “We Should Have Seen the Attempted Assassination Coming.”

“The assassination attempt of former President Donald Trump on Saturday was not a surprise to anyone paying attention. By almost every measure, the warning bells were sounding at a decibel level that should have been audible from the cosmos,” Hughes reported. “The attempted murder of a former president should be a wakeup call. Threats against public officials have been steadily rising for some time.”

READ MORE: ‘Mortified’ RFK Jr. Apologizes for Leaked Video of Trump Spinning Vaccine Conspiracies

Hughes is also “a senior research faculty member and policy associate at the University of Nebraska at Omaha-based National Counterterrorism Innovation, Technology, and Education Center (NCITE),” according to his bio at Lawfare.

On social media Hughes posted a screenshot of the affidavit, and a link to the original.

According to the affidavit, an account on Twitter/X  that appears to be Alday’s posted on July 11: “I’ll kill joe biden today!!”

READ MORE: ‘Indoctrination’: Top Republicans Kick Off National Convention With Anti-LGBTQ Attacks

Other posts reportedly read:

“sources: Joe biden’s health is declining rapidly. Not doing too good at all. Should I finish him off?”

“The secret service sent a special agent n*gg*r to my house with gadsden county officers. I’Il still slit joe biden’s throat.”

“I want special agent matthews dead, too. stupid n*gg*r has gotta go!!”

“Where you at special agent matthews ? come arrest me n*gg*r!! this is Jason Alday!!”

READ MORE: Was Trump Hit by a Bullet or Not? Calls Mount for Campaign to Release Medical Records

 

 

Continue Reading

Trending

Copyright © 2020 AlterNet Media.