The Gay Thread - Page 62

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 · 08-26-2010, 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.

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!

lashbear · 08-27-2010, 06:09 AM

"I brought my own bottle!"

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.

JWBear · 08-27-2010, 09:38 AM

Jake Gyllenhaal with a beard and tank top:

innerSpaceman · 08-27-2010, 10:08 AM

Quote:

Originally Posted by JWBear

Jake Gyllenhaal with a beard and tank top:

I thought Reese Witherspoon was his beard.

Ghoulish Delight · 08-27-2010, 09:51 AM

That makes him look like Bryan Cranston.

08-17-2010, 07:57 AM	#1
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.
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08-17-2010, 08:17 AM	#2
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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08-26-2010, 06:19 PM	#3
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	#6
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	#7
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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08-27-2010, 09:38 AM	#8
JWBear Worn Romantic Join Date: Feb 2006 Location: Long Beach California Posts: 8,435	Jake Gyllenhaal with a beard and tank top: __________________ Unrestrained frivolity will lead to the downfall of modern society.
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08-27-2010, 09:51 AM	#10
Ghoulish Delight I Floop the Pig Join Date: Jan 2005 Location: Alternative Swankstyle Posts: 19,348	That makes him look like Bryan Cranston. __________________ 'He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me.' -TJ
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