The Gay Thread - Page 61

Gn2Dlnd · 08-17-2010, 02:41 AM

Now more No More Mr. Nice Gay. Sigh.

innerSpaceman · 08-17-2010, 07:10 AM

Quote:

Originally Posted by Chernabog

Did you really think the 9th circuit would NOT order a stay? I mean I was hoping, but there was like a 1 in a million chance.

No, a stay pending appeal is pretty typical. But I'd like to know on what grounds it was granted, other than tradition. It seems to me the prudent thing to do, but it also seems to fly in the face of all the requirements for a stay.

I want nothing more from the courts than for the law to be followed.

Pfft, I also hope the Prop 8 Proponents are granted standing, so the case can actually be appealed. But I don't want the law flouted in order to get there. If they don't have standing, then that should unfortunately be the end of it.

Alex · 08-17-2010, 07:57 AM

If Judge Walker's ruling is eventually overturned, what would the status then be of any marriages from the period in between (if a stay had not been granted).

After Prop 8, I thought it pretty clear that the marriages that already existed should continue as there was no dispute that they were entirely legal during that too short window.

But for marriages allowed because a judge erroneously (technically) ruled in their favor it seems to me the case is much stronger that those marriages should be voided. That seems an acceptable justification, to me, to grant a stay.

I'm no expert, of course, so if this stay does fly in the face of established procedure or law I'd live pointers to more information. None of my usual law blog sources have expressed any real surprise at the stay or thought it technically inappropriate.

innerSpaceman · 08-17-2010, 08:17 AM

Any such marriages would be valid. It was already ruled in the Strauss case (the one involving the 18,000 pre-prop 8 marriages) that marriage rights vest upon a lawful marriage. In other words, if your marriage is legal when it happens, it remains legal no matter what.

Judge Walker's order is merely stayed. It is not invalidated. Even if it is later overturned on appeal, it is the law of the land today. If there were no stay on his injunction of Prop 8 and gay couples married by the trillions, all trillion marriages would be valid in perpetuity because they were legal at the time of marriage.

As for pointers in the right direction, the four factors a court looks to in deciding whether a stay is appropriate are: (1) whether (in this case) the Prop 8 proponents have made a strong showing that they are likely to succeed on the merits; (2) whether proponents will be irreparably injured absent a stay; (3) whether the stay will substantially injure other interested parties; and (4) whether the stay is in the public interest.

Clearly, even to the common observer, the first 3 factors do not weigh in favor of a stay. Perhaps the Ninth Circuit granted it based on the 4th factor, since that seems rather amorphous and can mean practically anything. But the Court of Appeal did not state any reason for granting their stay in their very brief order.

In any event, the first two factors "are the most critical," according to the Supreme Court in Nken v. Holder (2009). So I still think the stay was granted simply as a matter of tradition and prudent practice on a politically charged issue, and not in accordance with the legal factors for granting a stay.

SzczerbiakManiac · 08-19-2010, 05:18 PM

Gay/Equality Protest Signs (humorous)

We've seen some of these before, but I thoroughly enjoyed the video.

SzczerbiakManiac · 08-26-2010, 06:19 PM

Nanny Queen.com by Varla Jean Merman

Chernabog · 08-27-2010, 12:26 AM

Quote:

Originally Posted by SzczerbiakManiac

Nanny Queen.com by Varla Jean Merman

OK now that was fvcking hilarious.

lashbear · 08-27-2010, 06:09 AM

"I brought my own bottle!"

Cadaverous Pallor · 08-27-2010, 07:47 AM

Quote:

Originally Posted by SzczerbiakManiac

Nanny Queen.com by Varla Jean Merman

Heh, she's pretty talented!

Chernabog · 08-27-2010, 08:36 AM

OK I am now officially obsessed with Varla Jean Merman (thanks to Szczerbiak's post above). Here's a promo video for her... what a performer!!!

She has a youtube channel...... check out her mashup of The Magic Flute and Lady Gaga. She has seriously restored my faith in drag.

08-17-2010, 02:41 AM	#601
Gn2Dlnd Parmmadore Jim Join Date: Jan 2005 Location: Casita del Queso Posts: 3,810	Now more No More Mr. Nice Gay. Sigh. __________________ Does anyone still wear a hat?
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08-17-2010, 07:57 AM	#603
Alex . Join Date: Feb 2005 Posts: 13,354	If Judge Walker's ruling is eventually overturned, what would the status then be of any marriages from the period in between (if a stay had not been granted). After Prop 8, I thought it pretty clear that the marriages that already existed should continue as there was no dispute that they were entirely legal during that too short window. But for marriages allowed because a judge erroneously (technically) ruled in their favor it seems to me the case is much stronger that those marriages should be voided. That seems an acceptable justification, to me, to grant a stay. I'm no expert, of course, so if this stay does fly in the face of established procedure or law I'd live pointers to more information. None of my usual law blog sources have expressed any real surprise at the stay or thought it technically inappropriate.
	Submit to Quotes

08-17-2010, 08:17 AM	#604
innerSpaceman Kink of Swank Join Date: Jan 2005 Location: Inner Space Posts: 13,075	Any such marriages would be valid. It was already ruled in the Strauss case (the one involving the 18,000 pre-prop 8 marriages) that marriage rights vest upon a lawful marriage. In other words, if your marriage is legal when it happens, it remains legal no matter what. Judge Walker's order is merely stayed. It is not invalidated. Even if it is later overturned on appeal, it is the law of the land today. If there were no stay on his injunction of Prop 8 and gay couples married by the trillions, all trillion marriages would be valid in perpetuity because they were legal at the time of marriage. As for pointers in the right direction, the four factors a court looks to in deciding whether a stay is appropriate are: (1) whether (in this case) the Prop 8 proponents have made a strong showing that they are likely to succeed on the merits; (2) whether proponents will be irreparably injured absent a stay; (3) whether the stay will substantially injure other interested parties; and (4) whether the stay is in the public interest. Clearly, even to the common observer, the first 3 factors do not weigh in favor of a stay. Perhaps the Ninth Circuit granted it based on the 4th factor, since that seems rather amorphous and can mean practically anything. But the Court of Appeal did not state any reason for granting their stay in their very brief order. In any event, the first two factors "are the most critical," according to the Supreme Court in Nken v. Holder (2009). So I still think the stay was granted simply as a matter of tradition and prudent practice on a politically charged issue, and not in accordance with the legal factors for granting a stay.
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08-19-2010, 05:18 PM	#605
SzczerbiakManiac "ZER-bee-ak" Join Date: Jan 2005 Posts: 4,409	Gay/Equality Protest Signs (humorous) We've seen some of these before, but I thoroughly enjoyed the video. __________________
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08-26-2010, 06:19 PM	#606
SzczerbiakManiac "ZER-bee-ak" Join Date: Jan 2005 Posts: 4,409	Nanny Queen.com by Varla Jean Merman __________________
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08-27-2010, 06:09 AM	#608
lashbear SwishBuckling Bear Join Date: Jan 2005 Location: In Isolation :) Posts: 6,597	"I brought my own bottle!" __________________ *I Heart* my Husband - I can't think of anyone I'd rather be in isolation with.**
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08-27-2010, 08:36 AM	#610
Chernabog Biophage Join Date: Jan 2005 Location: The Moon Posts: 2,679	OK I am now officially obsessed with Varla Jean Merman (thanks to Szczerbiak's post above). Here's a promo video for her... what a performer!!! She has a youtube channel...... check out her mashup of The Magic Flute and Lady Gaga. She has seriously restored my faith in drag. __________________ And they say back then our universe Was a coal black egg Until the god inside Burst out and from its shattered shell He made what became the world we know ~ Bjork (Cosmogony) Last edited by Chernabog : 08-27-2010 at 08:51 AM.
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