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

 

Related Topics:
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.

News

Trump Battled to Go to Son’s Graduation – So Why Is He Speaking at a Fundraiser That Day?

Published

1 hour ago

on

May 7, 2024

By

Last month Donald Trump falsely told reporters Justice Juan Merchan had blocked him from attending his youngest son’s high school graduation, refusing to give him the day off from his required attendance at his New York criminal court case.

Justice Merchan had actually told Trump he would take the request under advisement, but Trump quickly ran to reporters painting the judge as heartless.

On April 15 Trump said, “it looks like the judge will not let me go to the graduation of my son who’s worked very, very hard and he is a great student.”

“It looks like the judge isn’t going to allow me to escape this scam. It’s a scam trial,” Trump alleged.

The Associated Press reported, “Trump then furthered his criticism of the judge on his Truth Social platform, writing in one post both that he ‘will likely not be allowed to attend’ and that ‘the Judge, Juan Merchan, is preventing me from proudly attending my son’s Graduation.’ He wrote in another post less than two hours later that he is ‘being prohibited from attending.'”

READ MORE: Johnson Demands All Trump Prosecutions Cease, Vows to Use Congress ‘In Every Possible Way’

None of that was accurate.

Last week Judge Merchan granted Trump the day off from court to attend his son’s high school graduation.

But The Lincoln Project and others on Tuesday posted the announcement for “Minnesota’s 2024 Lincoln Reagan Dinner With Special Guest DONALD J. TRUMP” on Friday, May 17, 2024.

Trump, as The New Republic notes, will be the headline speaker at the event in Saint Paul, Minnesota, which starts at 5:00 PM.

The fundraiser offers supporters the opportunity to spend $100,000, which grants them “10 VIP Dinner Seats | 10 VIP Reception Passes | 3 Photo Opportunities with President Trump.”

Or, for example, for $50,000, a supporter can get a “Chairman’s Host Table – 10 VIP Dinner Seats | 10 VIP Reception Passes | 1 Photo Opportunity with President Trump.”

KARE reports “the visit is expected to be the former president’s first trip to Minnesota of the 2024 election cycle.”

READ MORE: ‘I’m Not Talking About That Meeting’: Noem Implies She May Have Met With Kim Jong Un

Trump has strong motivation to head to Minnesota.

Over the weekend, as NBC News reports, “Top officials for former President Donald Trump’s campaign believe they can flip Democratic strongholds Minnesota and Virginia into his column in November, they told donors behind closed doors at a Republican National Committee retreat Saturday.”

Barron Trump’s graduation from Oxbridge Academy in Palm Beach, Florida reportedly will be the same day, May 17. Depending on timing, It’s possible Trump could fly from Florida to Minnesota to get to the fundraiser by 5 PM.

Watch Trump’s remarks from April 15 below or at this link.

Continue Reading

OPINION

Johnson Demands All Trump Prosecutions Cease, Vows to Use Congress ‘In Every Possible Way’

Published

3 hours ago

on

May 7, 2024

By

In a clear attack on the executive branch, the judicial system, states’ rights, and the rule in law in America, Republican Speaker of the House Mike Johnson vowed on Tuesday to use all the powers of Congress at his disposal to end all four current criminal prosecutions of ex-president Donald Trump.

Johnson’s remarks late Tuesday morning came at the exact same time Stormy Daniels was giving sworn testimony about her alleged sexual relationship with Trump in a Manhattan Superior Court case. The presumptive 2024 Republican presidential nominee is on trial for 34 felonies related to falsification of business records when he allegedly paid hush money to the adult film star then covered up those payments in what prosecutors say was election interference.

“President Trump has done nothing wrong here and he continues to be the target of endless lawfare,” Speaker Johnson told reporters Tuesday during an official House news conference (video below). “It has to stop. And you’re gonna see the United States Congress address this in every possible way that we can, because we need accountability. Ultimately, at the end of the day, it’s bigger than President Trump. It’s about the people’s faith in our system of justice. And we’re gonna get down to the bottom of it. All these cases need to be dropped, because they are a threat to our system.”

Johnson’s remarks also come as he faces an ouster threat from far-right MAGA Republican Christian nationalist Congresswoman Marjorie Taylor Greene. The Speaker, who repeatedly has said he speaks to Trump frequently, spent the weekend at the ex-president’s Florida resort and residence, Mar-a-Lago. He also traveled there just weeks ago as Greene’s threats were heating up. Trump and Johnson held a joint press conference on “election integrity,” an image some say was a show of strength and support from the leader of his party.

READ MORE: Trump Threatens to Violate Gag Order and Go to Jail: ‘I’ll Do That Sacrifice Any Day’

Johnson’s job is being protected by Democratic House Minority Leader Hakeem Jeffries, and the vast majority of the Democratic caucus, who have promised to protect him should Greene call up her motion to vacate.

Claiming Republicans are “trying to keep steadying hands on the wheel here and keep the legislative branch moving and operating in the best interest of the people,” Johnson also alleged: “one of the things that is also in jeopardy right now is our judicial branch. And it’s our system of government itself. And I don’t think we can say often enough here how much of that has been abused under this administration, and with local prosecutors, state prosecutors, and at the federal level, who are using lawfare. They’re using our judicial system to go after political opponents.”

The Speaker continued his targeting, declaring Manhattan District Attorney Alvin Bragg’s “case should never have been brought.”

“If there’s ever been an example of lawfare. Everybody can look at that and see, the trial is being orchestrated by Democrats, supporters of President Biden who are trying to make a name for themselves. I mean, they’re they’re pretty open about that. They used it in their campaign flips. We’ve got a Democrat District Attorney, a Biden donor judge, whose daughter is a Democratic political consultant and has clients that use the case in their solicitation emails to raise money.”

Justice Juan Merchan, CNN reported last month, made a $15 donation to the Biden campaign, amid a total of $35 total in 2020.

Johnson also called Justice Merchan “a well known Democrat” who “is pursuing an indefensible gag order on President Trump,” and “trying to override President Trump’s constitutional right to defend himself against the constant smears of his political opponents.”

READ MORE: ‘I’m Not Talking About That Meeting’: Noem Implies She May Have Met With Kim Jong Un

Pointing to Special Counsel Jack Smith’s prosecution of Donald Trump in the Espionage Act case, often called the “classified documents” case, Johnson called it “the weaponization of our justice system.”

He called all the cases against the ex-president “a clear attempt to keep Donald Trump in the courtroom and off the campaign trail. That’s what this is. It’s an election interference. It is borderline criminal conspiracy and the American people see right through it.”

Watch a short clip of Johnson’s remarks below or at this link.

READ MORE: ‘Israel Aid, Ukraine Aid, Kitchenaid’: Dem Mocks GOP’s ‘Hands Off Our Appliances’ Week

Continue Reading

News

Marjorie Taylor Greene Delivers Demands to Johnson as Her Three-Person Posse Weakens

Published

6 hours ago

on

May 7, 2024

By

Under her threat to call up her motion to oust Speaker of the House Mike Johnson, U.S. Rep. Marjorie Taylor Greene (R-GA) met with the Louisiana Republican for several hours on Monday, delivering her list of demands, while knowing that Democrats have vowed to ensure her efforts to have him removed will fail.

Congresswoman Greene, a far-right extremist and self-proclaimed Christian nationalist, tried to build a faction of disaffected House Republicans but only two other GOP lawmakers have signed on to her “motion to vacate.” One of them, Christian nationalist U.S. Rep. Paul Gosar (R-AZ) did not show for her Monday meeting.

At the top of Greene’s list of demands is ending all aid to Ukraine, according to Punchbowl News. The second item is defunding Special Counsel Jack Smith’s criminal investigations into Donald Trump. And lastly, promising to adhere to the so-called “Hastert Rule,” putting on the floor for a vote only legislation that is supported by the majority of the Republican majority.

“Of course, the Senate would never take this up, and President Joe Biden would never sign any such bill including this provision if it somehow landed on his desk. Senior House Republicans privately admit this,” Punchbowl News reports.

READ MORE: Judge Hands Trump ‘Incarceration’ Threat as Experts Say Next Time He’ll Toss Him in Jail

Calling these maneuvers “cosplay” and “mostly theater,” Punchbowl notes: “Greene doesn’t really see those political realities as hurdles — or care. She wants to cause legislative crises and get media coverage.”

Johnson has the support of Donald Trump, along with, for now, the support of House Democrats including Minority Leader Hakeem Jeffries.

Greene and her number two supporter, U.S. Rep. Tim Massie (R-KY), possibly with Congressman Gosar – whose support for Greene’s motion to vacate appears to be wavering – are expected to meet again with Speaker Johnson on Tuesday.

The Guardian reports some observers are “suggesting the Georgia congresswoman is looking for an off-ramp,” and adds that Greene’s “lunchtime summit” could “finally offer clarity” on whether she “still intends to press ahead with her drive to oust speaker Mike Johnson, or accept a face-saving alternative that would give the impression of a win.”

Gosar’s apparent wavering has not gone unnoticed.

Punchbowl News’ Mica Soellner reports: “Rep. Paul Gosar tells me he’s still very much behind the MTV [motion to vacate] effort and missed today’s meeting due to a flight delay.”

READ MORE: Trump Threatens to Violate Gag Order and Go to Jail: ‘I’ll Do That Sacrifice Any Day’

He told Soellner: “If Marjorie wanted me to come, I would’ve been there.”

She notes Gosar did not commit to attending Tuesday’s meeting.

Meanwhile, from the non-Greene side of the House Republican conference, Fox News’ Chad Pergram reports on comments made by U.S. Rep. Don Bacon (R-NE).

Citing his Fox News colleague Brianna O’Neil’s reporting, he writes (not direct quotes): “GOP NE Rep Bacon on Greene’s efforts to remove Johnson: We don’t like it. We’d be angry about it because all it does is weaken all of us. And it’s it’s like 2 or 3 people working for the other side of the aisle…it appears to us, you know, the other side shooting this also foot right now over all the campus stuff. Joe Biden’s polling at 36%, the lowest of any president going back to 1952. So why jump in the way of that? And we’ve got 2 or 3 people are doing that. And it’s just a tactical and strategically. It’s not smart.”

Last week, Congresswoman Greene held a news conference and vowed to call up her motion to vacate, “next week, absolutely.”

On Monday, Greene alleged a “deal” has been made between Johnson and Speaker Emerita Nancy Pelosi.

READ MORE: ‘I’m Not Talking About That Meeting’: Noem Implies She May Have Met With Kim Jong Un

Continue Reading

Trending

Copyright © 2020 AlterNet Media.