The Gay Thread - Page 54

Kevy Baby · 08-04-2010, 02:52 PM

Cool. On to the next court...

Alex · 08-04-2010, 02:55 PM

Cool, but I do fear the end road if this gets reversed at the Supreme Court.

Snowflake · 08-04-2010, 03:01 PM

Quote:

Originally Posted by Ghoulish Delight

Happy anniversary indeed!

Happy Anniversary! Happy Anniversary! Happy Anniversary! Haaaapppppppppppppppyyyyy Aniversary!

Happy No on H8 day, too!

innerSpaceman · 08-04-2010, 03:30 PM

Ya know, I would even get some perverse pleasure in seeing the pretzel twists the Supreme Court would have to knot itself into to refute Walker's decision.

Walker absolutely eviscerates the case for Prop 8, puts together an exhaustive evidentiary record, scolds the defendants for failing to put on more than 2 witnesses, both of whom - after detailed analysis, Walker finds deserving of little weight (Miller) and zero weight (Blankenhorn). Furthermore, and more importantly, he finds the 14th Amendment Due Process claim worthy of strict scrutiny, which Prop 8 fails, and the 14th Amendment Equal Protection claim also worthy of strict scrutiny, but that Prop 8 doesn't require such - as it fails even a rational basis level of scrutiny. Bwahahaha.

He goes on to find that, d'uh, the only basis for passage of Prop 8 was animus towards gays and lesbians.

This is a shoe-in to be affirmed by the Ninth Circuit - where it will be an actual appeal (i.e., reversible only if error was committed at the trial level - not bloody likely). Of course, SCOTUS can and likely will make up law and justice from whole cloth to suit their political leanings ... but with such a reasoned and careful and all-out d'uh-ness of a decision by Walker, they could only reverse at great peril to the rule of law and their own stature as jurists.

Snowflake · 08-04-2010, 03:54 PM

Very visible

mojo!

innerSpaceman · 08-04-2010, 04:13 PM

Some legal scholars are saying the Proposition 8 proponents may not have legal standing to appeal today's decision. And the State of California will certainly not.

If that holds true, this would be the end of the line. I don't know if that's true, but it would be wonderful.

I would want the case to go to SCOTUS anyway - because marriage in California is pretty meaningless without federal recognition - but there are already a couple of high-wattages cases against DOMA working their way through the courts right now.

Disneyphile · 08-04-2010, 04:49 PM

Quote:

Originally Posted by innerSpaceman

Ya know, I would even get some perverse pleasure in seeing the pretzel twists the Supreme Court would have to knot itself into to refute Walker's decision.

Just think of those positions! Because today, somebody called out "Right hand, blue!"

Oh, and it also tickles me to no end to think of how much money the Moron* church wasted. Heh, heh.

(*Typo intentional.)

innerSpaceman · 08-04-2010, 06:42 PM

I should correct something I alluded to earlier. The findings regarding unconstitutionality will be reviewed de novo by the Ninth Circuit Court of Appeals, meaning 'from the beginning.' But those rulings will still be based on Judge Walker's exhaustive Findings of Fact, which can only be reversed if exceptional error is found in them.

katiesue · 08-04-2010, 09:57 PM

Maddies view -"why can't it just be a Federal Law. If the Supreme Court declares it unconsitiutional then it should just be a Federal Law".

Yea, she needs more civics classes. Honestly this all just puzzles her as it never occured to her until Prop 8 that Gay's couldn't marry anyway.

alphabassettgrrl · 08-04-2010, 10:00 PM

Quote:

Originally Posted by katiesue

Maddies view -"why can't it just be a Federal Law. If the Supreme Court declares it unconsitiutional then it should just be a Federal Law".

Yea, she needs more civics classes. Honestly this all just puzzles her as it never occured to her until Prop 8 that Gay's couldn't marry anyway.

There's hope for the future!

I agree that equality should be painfully obvious.

08-04-2010, 02:52 PM	#531
Kevy Baby Chowder Head Join Date: Jan 2005 Location: Yes Posts: 18,500	Cool. On to the next court... __________________ The thing about quotes on the internet is that you cannot verify their validity. - Abraham Lincoln
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08-04-2010, 02:55 PM	#532
Alex . Join Date: Feb 2005 Posts: 13,354	Cool, but I do fear the end road if this gets reversed at the Supreme Court.
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08-04-2010, 03:30 PM	#534
innerSpaceman Kink of Swank Join Date: Jan 2005 Location: Inner Space Posts: 13,075	Ya know, I would even get some perverse pleasure in seeing the pretzel twists the Supreme Court would have to knot itself into to refute Walker's decision. Walker absolutely eviscerates the case for Prop 8, puts together an exhaustive evidentiary record, scolds the defendants for failing to put on more than 2 witnesses, both of whom - after detailed analysis, Walker finds deserving of little weight (Miller) and zero weight (Blankenhorn). Furthermore, and more importantly, he finds the 14th Amendment Due Process claim worthy of strict scrutiny, which Prop 8 fails, and the 14th Amendment Equal Protection claim also worthy of strict scrutiny, but that Prop 8 doesn't require such - as it fails even a rational basis level of scrutiny. Bwahahaha. He goes on to find that, d'uh, the only basis for passage of Prop 8 was animus towards gays and lesbians. This is a shoe-in to be affirmed by the Ninth Circuit - where it will be an actual appeal (i.e., reversible only if error was committed at the trial level - not bloody likely). Of course, SCOTUS can and likely will make up law and justice from whole cloth to suit their political leanings ... but with such a reasoned and careful and all-out d'uh-ness of a decision by Walker, they could only reverse at great peril to the rule of law and their own stature as jurists.
	Submit to Quotes

08-04-2010, 03:54 PM	#535
Snowflake lost in the fog Join Date: Jul 2005 Location: San Francisco Posts: 7,831	Very visible mojo! __________________ Be yourself; everyone else is already taken. - Oscar Wilde
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08-04-2010, 04:13 PM	#536
innerSpaceman Kink of Swank Join Date: Jan 2005 Location: Inner Space Posts: 13,075	Some legal scholars are saying the Proposition 8 proponents may not have legal standing to appeal today's decision. And the State of California will certainly not. If that holds true, this would be the end of the line. I don't know if that's true, but it would be wonderful. I would want the case to go to SCOTUS anyway - because marriage in California is pretty meaningless without federal recognition - but there are already a couple of high-wattages cases against DOMA working their way through the courts right now.
	Submit to Quotes

08-04-2010, 06:42 PM	#538
innerSpaceman Kink of Swank Join Date: Jan 2005 Location: Inner Space Posts: 13,075	I should correct something I alluded to earlier. The findings regarding unconstitutionality will be reviewed de novo by the Ninth Circuit Court of Appeals, meaning 'from the beginning.' But those rulings will still be based on Judge Walker's exhaustive Findings of Fact, which can only be reversed if exceptional error is found in them.
	Submit to Quotes

08-04-2010, 09:57 PM	#539
katiesue Senior Member Join Date: Apr 2005 Location: San Diego Posts: 4,678	Maddies view -"why can't it just be a Federal Law. If the Supreme Court declares it unconsitiutional then it should just be a Federal Law". Yea, she needs more civics classes. Honestly this all just puzzles her as it never occured to her until Prop 8 that Gay's couldn't marry anyway. __________________ My life is so exciting I can hardly stand it.
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