Same-Sex Marriage Update

MsTinkerbelly · 08-10-2010, 05:14 PM

Imperial County Desperately Wants to Appeal
by Brian Devine

Imperial County just filed a Notice of Appeal of Judge Walker’s ruling striking down Prop 8. Here’s a copy of its Notice of Appeal.

Imperial County decided to wait until the eve of trial before it filed a request to intervene in the case. Judge Walker denied the County’s request to intervene, finding that the request was not timely and that the County does not have standing. Here’s a detailed discussion of the concept of “standing.” Judge Walker held:

Imperial County does not have a significant protectible interest in the outcome of plaintiffs’ constitutional challenge to Proposition 8. Moreover, even if Imperial County did have an interest in the subject matter of this litigation, state law provides adequate procedures for Imperial County to protect that interest, and, in addition, the current state defendants adequately represent Imperial County’s interest as a matter of law. Accordingly, Imperial County is not entitled to intervene. . .

* * *

Imperial County’s status as a local government does not provide it with an interest in the constitutionality of Proposition 8 or standing to defend Proposition 8 on appeal. Accordingly, Imperial County’s motion to intervene as a defendant in this action . . . is DENIED.

It’s not all that surprising that Imperial County filed a Notice of Appeal. It is asking the Ninth Circuit Court of Appeal to decide for itself whether or not the County has standing to appeal. As I discussed earlier, there’s a decent chance that Judge Walker and the Ninth Circuit will find that the official proponents of Prop 8 do not have standing to appeal Judge Walker’s decision. While the arguments are different, I also think it’s unlikely that Imperial County has standing. But from the anti-equality perspective, it gives them one more argument to make before the Ninth Circuit, so it’s important to them.

This is a minor development. Stay tuned for the more significant ruling on the pending motion to stay, which hopefully will come out today.

MsTinkerbelly · 08-10-2010, 05:53 PM

From the comments I'm reading on the Prop 8 trial tracker blog, the backers of the Imperial County appeal request are:

Advocates for Faith and Freedom

http://www.faith-freedom.com/

On their In the Courts page, they list Perry V. Schwarzenegger at the top. Interesting.

A faith based organization prompting the County to file an Appeal? Seperation of Church and State anybody??

As the time creeps towards 5pm here on the West Coast, it looks like the decision won't come today. SIGH.

christie · 08-11-2010, 06:41 AM

To the Big Commit, August 15, 2010, in Washington, DC, Freedom Plaza

Join forces with Equality Across America, Full Equality Now! DC, and Washington, DC Metropolitan Area Activists and Allies in a collaborative effort to send a message of inclusion, tolerance, and community support.

As you may know, the National Organization for Marriage {NOM} is headed our way with their “One Woman, One Man” Summer for Marriage Tour. NOM has been everywhere from Centreville, Virginia to Columbus, Ohio. Luckily, lesbian, gay, bisexual, transgender, queer/questioning, and intersex (LGBTQI) organizations and organizers have been there as well, demonstrating to NOM, and the world, our commitment to the fight for marriage equality.

So what about DC?

A coalition of LGBTQI organizations, activists and allies, in solidarity with our open and affirming faith communities, are organizing a rally, The Big Commit, an action that aims to “strengthen our commitment” to working towards full federal equality, including the repeal of DOMA - as NOM is our witness!

Our goal is: To build momentum within our movement via our community-strengthening action. This will be accomplished through alliance-building organizing and through the participation of our diverse intersecting communities. Ultimately, those participating in the Big Commit will appeal to the hearts and minds of our prospective allies nationwide, “cordially inviting” them to “respect our rights as we respect their right to their beliefs”- literally. We envision doing so as one united community joined together as we exchange vows with equality, therefore symbolizing our commitment to marriage equality and wedding ourselves to the cause!

Join the Fight!

Organizing has already begun for The Big Commit! Please join our efforts so we may present a united front against our shared opponents. The Big Commit is looking for organization endorsements, media sponsors, faith-based communities, LGBTQI supporters and allies, speakers, and general assistance in making this an uplifting and powerful action.

Please contact any of our organizers for more information:

Aiyi’nah Ford, Equality Across America
202-615-6122
lifestylepowerplayers@gmail.com

Julia Mandes, Full Equality Now! DC
703-250-3512
outreach.bigcommitdc@gmail.com

Sean Carlson, Talk About Equality
202-550-2315
logistic.bigcommitdc@gmail.com

************************************************** *******
We'll be there Sunday! Any others in the area going?

MsTinkerbelly · 08-11-2010, 07:56 AM

The Catholic Church was pushing a Country Wide vote because the Legislature was debating Civil Unions.........Go Costa Rica!!!

COSTA RICA: Supreme Court Rules Marriage Referendum Unconstitutional

Andres Duque translates the good news.
The Supreme Court in Costa Rica ruled (today) that a referendum scheduled for December 1st which would have banned marriage rights for same-sex couples was unconstitutional. The article does not give the vote total but says that the majority determined that the issue of marriage rights was a judicial issue and not an electoral issue and that the rights of minorities should never be subjected to a referendum process where they might be subjected to the wishes of a majority

SuperFemme · 08-11-2010, 11:24 AM

Judge: Lesbian Couple's Marriage License Valid

A lesbian couple's marriage license issued in 2004 is subject to a divorce petition, a New Mexico state district judge ruled Monday.

http://www.advocate.com/News/Daily_N...ges_Are_Valid/

MsTinkerbelly · 08-11-2010, 04:23 PM

Why is it taking the Judge so long to decide whether or not to enter the judgement and lift the stay?

Lord have mercy!!!

Jess · 08-11-2010, 07:33 PM

http://sports.yahoo.com/nba/blog/bal...urn=nba-261453

AtLast · 08-12-2010, 01:16 AM

Quote:

Originally Posted by MsTinkerbelly

Why is it taking the Judge so long to decide whether or not to enter the judgement and lift the stay?

Lord have mercy!!!

I know!

Personally, I think to continue the stay (even doing it in the first place) was counterintuitive to the opinion .. made it seem like its possible Prop 8 is constitutional. After Walker wrote such a brilliant opinion leaving no stone unturned, the stay was strange.

08-10-2010, 05:14 PM	#1
MsTinkerbelly Timed Out - TOS Drama How Do You Identify?: ... Preferred Pronoun?: ... Join Date: Nov 2009 Location: ... Posts: 6,573 My Photo Gallery Thanks: 30,737 Thanked 22,901 Times in 5,017 Posts Rep Power: 0	Okay...I could see Kern county, but Imperial???? Imperial County Desperately Wants to Appeal by Brian Devine Imperial County just filed a Notice of Appeal of Judge Walker’s ruling striking down Prop 8. Here’s a copy of its Notice of Appeal. Imperial County decided to wait until the eve of trial before it filed a request to intervene in the case. Judge Walker denied the County’s request to intervene, finding that the request was not timely and that the County does not have standing. Here’s a detailed discussion of the concept of “standing.” Judge Walker held: Imperial County does not have a significant protectible interest in the outcome of plaintiffs’ constitutional challenge to Proposition 8. Moreover, even if Imperial County did have an interest in the subject matter of this litigation, state law provides adequate procedures for Imperial County to protect that interest, and, in addition, the current state defendants adequately represent Imperial County’s interest as a matter of law. Accordingly, Imperial County is not entitled to intervene. . . * * * Imperial County’s status as a local government does not provide it with an interest in the constitutionality of Proposition 8 or standing to defend Proposition 8 on appeal. Accordingly, Imperial County’s motion to intervene as a defendant in this action . . . is DENIED. It’s not all that surprising that Imperial County filed a Notice of Appeal. It is asking the Ninth Circuit Court of Appeal to decide for itself whether or not the County has standing to appeal. As I discussed earlier, there’s a decent chance that Judge Walker and the Ninth Circuit will find that the official proponents of Prop 8 do not have standing to appeal Judge Walker’s decision. While the arguments are different, I also think it’s unlikely that Imperial County has standing. But from the anti-equality perspective, it gives them one more argument to make before the Ninth Circuit, so it’s important to them. This is a minor development. Stay tuned for the more significant ruling on the pending motion to stay, which hopefully will come out today.

08-11-2010, 06:41 AM	#3
christie Member How Do You Identify?: A Force with which to be reckoned Preferred Pronoun?: just be nice... Relationship Status: I call her Mine Join Date: Nov 2009 Location: Transplanted to the PNW Posts: 1,246 My Photo Gallery Thanks: 2,552 Thanked 2,476 Times in 706 Posts Rep Power: 14753263	The Big Commit {A Community Response to Anti-Gay NOM} To the Big Commit, August 15, 2010, in Washington, DC, Freedom Plaza Join forces with Equality Across America, Full Equality Now! DC, and Washington, DC Metropolitan Area Activists and Allies in a collaborative effort to send a message of inclusion, tolerance, and community support. As you may know, the National Organization for Marriage {NOM} is headed our way with their “One Woman, One Man” Summer for Marriage Tour. NOM has been everywhere from Centreville, Virginia to Columbus, Ohio. Luckily, lesbian, gay, bisexual, transgender, queer/questioning, and intersex (LGBTQI) organizations and organizers have been there as well, demonstrating to NOM, and the world, our commitment to the fight for marriage equality. So what about DC? A coalition of LGBTQI organizations, activists and allies, in solidarity with our open and affirming faith communities, are organizing a rally, The Big Commit, an action that aims to “strengthen our commitment” to working towards full federal equality, including the repeal of DOMA - as NOM is our witness! Our goal is: To build momentum within our movement via our community-strengthening action. This will be accomplished through alliance-building organizing and through the participation of our diverse intersecting communities. Ultimately, those participating in the Big Commit will appeal to the hearts and minds of our prospective allies nationwide, “cordially inviting” them to “respect our rights as we respect their right to their beliefs”- literally. We envision doing so as one united community joined together as we exchange vows with equality, therefore symbolizing our commitment to marriage equality and wedding ourselves to the cause! Join the Fight! Organizing has already begun for The Big Commit! Please join our efforts so we may present a united front against our shared opponents. The Big Commit is looking for organization endorsements, media sponsors, faith-based communities, LGBTQI supporters and allies, speakers, and general assistance in making this an uplifting and powerful action. Please contact any of our organizers for more information: Aiyi’nah Ford, Equality Across America 202-615-6122 lifestylepowerplayers@gmail.com Julia Mandes, Full Equality Now! DC 703-250-3512 outreach.bigcommitdc@gmail.com Sean Carlson, Talk About Equality 202-550-2315 logistic.bigcommitdc@gmail.com ************************************************ ***** We'll be there Sunday! Any others in the area going?

08-11-2010, 07:56 AM	#4
MsTinkerbelly Timed Out - TOS Drama How Do You Identify?: ... Preferred Pronoun?: ... Join Date: Nov 2009 Location: ... Posts: 6,573 My Photo Gallery Thanks: 30,737 Thanked 22,901 Times in 5,017 Posts Rep Power: 0	From joemygod The Catholic Church was pushing a Country Wide vote because the Legislature was debating Civil Unions.........Go Costa Rica!!! COSTA RICA: Supreme Court Rules Marriage Referendum Unconstitutional Andres Duque translates the good news. The Supreme Court in Costa Rica ruled (today) that a referendum scheduled for December 1st which would have banned marriage rights for same-sex couples was unconstitutional. The article does not give the vote total but says that the majority determined that the issue of marriage rights was a judicial issue and not an electoral issue and that the rights of minorities should never be subjected to a referendum process where they might be subjected to the wishes of a majority

08-11-2010, 07:33 PM	#7
Jess Timed Out - Permanent How Do You Identify?: decidedly indifferent Preferred Pronoun?: other Join Date: Nov 2009 Location: Patrick Springs, VA Posts: 2,812 My Photo Gallery Thanks: 9,247 Thanked 5,700 Times in 1,682 Posts Rep Power: 0	Isiah Thomas appears in ad campaign opposing gay marriage ban http://sports.yahoo.com/nba/blog/bal...urn=nba-261453

08-10-2010, 05:53 PM	#2
MsTinkerbelly Timed Out - TOS Drama How Do You Identify?: ... Preferred Pronoun?: ... Join Date: Nov 2009 Location: ... Posts: 6,573 My Photo Gallery Thanks: 30,737 Thanked 22,901 Times in 5,017 Posts Rep Power: 0	From the comments I'm reading on the Prop 8 trial tracker blog, the backers of the Imperial County appeal request are: Advocates for Faith and Freedom http://www.faith-freedom.com/ On their In the Courts page, they list Perry V. Schwarzenegger at the top. Interesting. A faith based organization prompting the County to file an Appeal? Seperation of Church and State anybody?? As the time creeps towards 5pm here on the West Coast, it looks like the decision won't come today. SIGH.

08-11-2010, 11:24 AM	#5
SuperFemme Timed Out How Do You Identify?: Permanently Banned 10/24/2010 Preferred Pronoun?: She. Relationship Status: Married (one of 18,000) Join Date: Nov 2009 Location: Atascadero, CA Posts: 4,933 My Photo Gallery Thanks: 2,309 Thanked 7,108 Times in 2,327 Posts Rep Power: 0	Judge: Lesbian Couple's Marriage License Valid A lesbian couple's marriage license issued in 2004 is subject to a divorce petition, a New Mexico state district judge ruled Monday. http://www.advocate.com/News/Daily_N...ges_Are_Valid/

08-11-2010, 04:23 PM	#6
MsTinkerbelly Timed Out - TOS Drama How Do You Identify?: ... Preferred Pronoun?: ... Join Date: Nov 2009 Location: ... Posts: 6,573 My Photo Gallery Thanks: 30,737 Thanked 22,901 Times in 5,017 Posts Rep Power: 0	Why is it taking the Judge so long to decide whether or not to enter the judgement and lift the stay? Lord have mercy!!!