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发帖数: 4174 | 1 Is Prop. 8 headed to the Supreme Court? Or will California again offer
marriage equality?
BY Neal Broverman
June 04 2012 4:38 PM ET
18
The 9th Circuit Court of Appeals will decide on Tuesday whether to grant an
en banc review to antigay groups seeking to keep Proposition 8 alive in
California, the American Foundation for Equal Rights reports.
The nation's most populous state narrowly passed Prop. 8, a constitutional
amendment banning same-sex marriage, in 2008. A federal challenge to the ban
, led by AFER, has been very successful, with wins in federal district court
and in the 9th Circuit Court of Appeals.
After a three-judge panel in February agreed with Judge Vaughn Walker's 2010
decision that ruled Prop. 8 unconstitutional because it violated the equal
protection clause and the due process clause, the proponents of Prop. 8
sought an en banc review. Such a review would require judicial evaluation by
the full 9th Circuit Court of Appeals and would likely include
approximately a dozen appellate judges.
Should the 9th Circuit deny en banc review, Prop. 8 backers could appeal to
the U.S. Supreme Court, setting the stage for a national case on marriage
equality. It's not clear if marriage would be allowed in California if an en
banc review is denied — if that's the case, 23% of Americans would live in
a state where marriage equality is once again legal. | g********d
发帖数: 4174 | 2 http://www.prop8trialtracker.com/
The judges sitting in the Ninth Circuit have issued a new order in the Perry
v. Brown case today. The full panel of Ninth Circuit judges have decided
that en banc rehearing of the three-judge panel’s decision will not be
granted. This comes after a months-long wait: the proponents of Proposition
8 announced their intention to seek en banc review of the Ninth Circuit’s
three-judge panel decision on February 21 of this year. As we noted
yesterday, the decision to deny rehearing of the case with a new, randomly-
selected eleven judge panel means that Judge Reinhardt’s opinion, which was
joined by Judge Michael Daly Hawkins and garnered a dissent by Judge N.
Randy Smith, either way, will likely be appealed to the Supreme Court where
the proponents will now likely file a petition for certiorari, asking them
to review and possibly overturn Judge Reinhardt’s opinion for the Ninth
Circuit’s panel of three judges.
An en banc rehearing at the Ninth Circuit Court of Appeals is much different
from other circuits. Generally, en banc means that the entire court will
rehear the case, with all judges in the circuit participating. But the Ninth
Circuit has an inordinately large number of judges, so they have a
procedure wherein they have an ‘en banc panel’ consisting of eleven judges
is Alex Kozinski) presiding. If rehearing had been granted, the randomly
selected panel could have heard arguments and issued new briefing in the
case or they could have decided to forgo that and issue a new decision
without it.
Now that en banc rehearing was denied, the proponents have 90 days to file a
petition for certiorari to the Supreme Court, seeking review of the
decision striking down Proposition 8. It’s likely that Justices at the
Supreme Court would have their conference to take up the petition and decide
whether to grant review or not sometime after their summer break in October
. Oral argument would follow a few months later, and then a final decision
would be issued by June or July 2013.
Judge O’Scannlain has filed a dissent from the denial of en banc rehearing
joined by Judges Bybee and Bea, and in it he discusses his belief that Judge
Smith’s dissent was correct. He says that “we have now declared that
animus must have been the only conceivable motivation for a sovereign State
to have remained committed to a definition of marriage that has existed for
millennia.”
No one is certain if the Supreme Court would grant review of the case as it
currently stands. Judge Reinhardt’s opinion for the three-judge Ninth
Circuit panel is very narrow and the holding is specific to California’s
unique legal circumstances. A denial of rehearing in this case leaves the
decision California-specific and there may not be four Justices – the
number needed to grant certiorari – who want to visit an issue that’s so
limited in scope. On the other hand, the panel’s decision did strike down
an amendment to a constitution of an enormous state involving a contentious
issue. And allowing gay couples to marry in California would nearly double
the amount of people in the United States who live in an area that allows
same-sex marriage.
This process has gone on for so long. The complaint was initially filed on
May 22, 2009 and the trial began on January 11, 2010. Judge Walker didn’t
issue a decision in the case until August 4, 2010. The Ninth Circuit’s
ruling came much later, with the three-judge panel issuing its ruling on
February 7 of this year. Now the Perry case is entering its final phase.
Now that the Ninth Circuit has denied en banc rehearing of the three-judge
panel’s decision, the case will face its final test soon, at the Supreme
Court, as the proponents are widely expected to seek review of the three-
judge panel’s decision. If the proponents do file a petition for certiorari
the Justices will look at the petition in a conference later this year
where the final decision will be made: review the case or let the Ninth
Circuit’s decision be the final word in this long journey to decide the
fate of the odious Proposition 8. It promises to be an exciting year. | m******1
发帖数: 19713 | 3 哈哈哈哈！！！！
Perry
Proposition
was
【在 g********d 的大作中提到】
: http://www.prop8trialtracker.com/
: The judges sitting in the Ninth Circuit have issued a new order in the Perry
: v. Brown case today. The full panel of Ninth Circuit judges have decided
: that en banc rehearing of the three-judge panel’s decision will not be
: granted. This comes after a months-long wait: the proponents of Proposition
: 8 announced their intention to seek en banc review of the Ninth Circuit’s
: three-judge panel decision on February 21 of this year. As we noted
: yesterday, the decision to deny rehearing of the case with a new, randomly-
: selected eleven judge panel means that Judge Reinhardt’s opinion, which was
: joined by Judge Michael Daly Hawkins and garnered a dissent by Judge N.
| m******1
发帖数: 19713 | 4 劝他们反同方就不要再往上告了，越告他们死的就越难看 | g********d
发帖数: 4174 | 5 看来最快今年１０月就能结婚了，没结婚对象的赶紧找，这才是正事。 |
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