Federal Prop 8 Trial | Gay Marriage | News | Proposition 8 | Vaughn Walker

Marriage Equality Foes Appeal Prop 8 Decision

WalkerProtect Marriage has filed an appeal of Judge Vaughn Walker's decision striking down California's Proposition 8, the AP reports:

"The appeal to the 9th U.S. Circuit Court of Appeals was expected, as lawyers on both sides of the legal battle repeatedly vowed to carry the fight to a higher court if they lost...The 9th Circuit court has no deadlines to hear the case, which will be randomly assigned to a three-judge panel. It's expected that the panel will order both sides to submit written legal arguments before scheduling a hearing. The outcome in the appeals court could force the U.S. Supreme Court to confront the question of whether gays have a constitutional right to wed...Walker, meanwhile, said he would consider waiting for the 9th Circuit to render its decision before he makes his opinion final and requires the state to stop enforcing the ban. The judge ordered both sides to submit written arguments by Friday on the issue."

And the battle continues...

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  1. They're appealing the ruling despite the fact that defenders of Prop 8 had absolutely *no* cogent arguments to defend their position....is this lost on proponents of Prop 8? Their defense was so weak it was embarrassing - or haven't any of them actually read the judge's ruling?

    Posted by: Steve | Aug 5, 2010 7:38:57 PM

  2. The votes are what won the battle last time, and even then it was with money and cheating the system. This time, they're out of luck.

    Posted by: BrandonD | Aug 5, 2010 8:55:58 PM

  3. THE LETTER OF THE LAW VS THE SPIRIT OF THE LAW is an idiomatic antithesis. When one obeys the letter of the law but not the spirit, one is obeying the literal interpretation of the words (the "letter") of the law, but not the intent of those who wrote the law. Conversely, when one obeys the spirit of the law but not the letter, one is doing what the authors of the law intended, though not adhering to the literal wording.

    "Law" originally referred to legislative statute, but in the idiom may refer to any kind of rule. Intentionally following the letter of the law but not the spirit may be accomplished through exploiting technicalities, loopholes, and ambiguous language. Following the letter of the law but not the spirit is also a tactic used by oppressive governments.

    Posted by: I'm Layla Miller I Know Stuff | Aug 5, 2010 9:55:58 PM

  4. Read the ruling


    You won't be sorry you did. This is the most extensive ON THE RECORD LEGAL DOCUMENT of who we are and what our rights constitute written to date.

    Posted by: David Ehrenstein | Aug 5, 2010 10:54:50 PM

  5. Ha ha, this is awesome: "We can quote the Bible too"


    Posted by: Raincheck | Aug 6, 2010 2:28:20 AM

  6. and what will they do when the SCOTUS rules against Prop 8

    oh I know -- complain about "activist judges"

    it's expected


    Posted by: ophu | Aug 6, 2010 12:52:28 PM

  7. Am I the only one thinking that we should back the church on this one. I think we should help fund them to get the case pushed higher up the courts til it gets to the supreme court. I know it sounds weird, but I think if they push it that far, the supreme court will rule in favor of mm marriages, then all states will have to allow it. By funding the competition they give us the win. Isn't that pretty much how roe vs wade came to be?

    Posted by: recyard12x | Aug 7, 2010 8:59:52 PM

  8. hey i say just move to Canada we allow it cause were cool like that... :)

    Posted by: alex | Aug 9, 2010 3:42:17 AM

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