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Showing posts with label California law. Show all posts
Showing posts with label California law. Show all posts

Friday, August 13, 2010

Proposition 8...U.S. Judge "stays" ban on Gay Marriage 'til August 18th!


 






The ruling by a Federal Judge to overturn a ban on same-sex marriage appears to be flip-flopping a tad since the controversial ruling was handed down last week in the picturesque City by the Bay.

Although, U.S. District Court Judge Vaughn Walker effectively overturned the Prop 8 ballot initiaive - in his opinion on the complex Constitutional issues - his Honor stopped short of leaving the supporterss of the ban on gay marriages in a legal lurch.

In what appears to be a fair approach to oproblems that have surfaced in respect to appeals - in the aftermath of his controversial findings - Judge Walker has "stayed" (put on hold) his standing order until the 18th of August.

No new gay marriages may be granted by City Hall (18,000 California residents are currently legally married in the Golden State) until that date.

The intriguing "stay" arose when it was determined that sponsors of Prop 8 (who lost their bid to have the initiative upheld) do not have legal standing to lodge an appeal with the 9th Circuist Court of Appeals (based in San Francisco).

Walker conjectured that the sponsors may be barred from appealing the order because they were not directly affected by its findings.

Walker said there was no evidence that the sponsors of Prop. 8 "face the kind of injury" required to have standing to file an appeal.

"As it appears at least doubtful that proponents will be able to proceed with their appeal without a state defendant, it remains unclear whether the Court of Appeals will be able to reach the merits of proponents' appeal," Walker wrote.

With that argument in mind, the Judge issued a "stay" until nex week, with a court directive that proponents attempt to convince either the Governor or the Attorney General to file an appeal to ensure jurisdiction.

Howevr, that may be a difficult task to undertake, since both Gov. Arnold Schwarzenegger and Atty. General Jerry Brown urged Walker to permit same-sex marriages to resume after noting the state was well equipped to handle to gay marriage.

Prop 8 drafters did not publicly respond to Walker's contention that they may not having standing to appeal.

In spite of the foregoing efforts of the Judge to be balanced and fair, Prop 8 supporters waved protest signs outside the U.S. Federal Court on the eve of of the trial's official end, alleging "Judicial Tyranny".

Walker based his ruling on the grounds that Proposition 8 violated Federal Constitutional guarantees of equal protection and due process.

Moral disapproval was not a good enough reason to deny gays what courts have determined is a fundamental right to marry, he noted matter-of-fact in he public record.







Thursday, August 5, 2010

Propositiion 8..."Protect Marriage" files appeal to 9th U.S. Circuit Court of Appeal!








As expected - at least one party in the tustle over Prop 8 and the gay-marriage ban in California - would end up lodging an appeal with the 9th U.S. Circuit Court of Appeals on the the heels of the ruling handed down by U.S. District Court Judge Vaughn Walker.

In view of a court's finding yesterday - in a controversial 138-page ruling that essentially found that Prop 8 was unconstitutional - supporters of the Prop 8 ballot initiative (backed by California voters) found themeselves hot-footing it down to the Federal Courthouse overnight to protect their vested interest in opposite-sex marriage and family values.

Background

Post: 08/05/10

http://ijulian.blogspot.com/2010/08/proposition-8judge-overurns-ban-on-gay.html

In a nutshell, opponents to gay-marriage must now convince a higher court that District Court Judge Vaughn Walker erred as a matter of law when he  ruled that Proposition 8 violated Federal Equal Protection and Due Process Laws.

In spite of the fact the 9th Circuit court has no specified deadlines to be mindful of in respect to a review of the issues ripe for appeal, the supporters of Prop 8 and oppositie-sex marriages proceeded to file their deliberate "Notice of Appeal" with the court (based in the San Francisco Bay area) post haste.

The appeal will be randomly assigned to a three-judge panel with little brouhaha.

In accordance with Appellate Court Rules of Procedure, each party in the action will be required to lodge a brief with the 9th Circuit Court of Appeals - at which point - a date will be set by the Court clerk for an oral hearing so that the issues may be clarified further to the satisfaction of the Justices presiding over the proceedings.

A disgruntled party - unhappy with the 9th Circuit Court ruling thereafter - will be entitled to launch  an appeal with the highest court in the land after that which is the  U.S. Supreme Court in Washington (D.C.).

However, the 9 sitting Justices are not required to "hear' the appeal.

A petition for a hearing on the issues may be denied by the court without explanation - at which point - the lower court ruling becomes binding (law).

The Prop 8 supporters are going to give it their best shot, though.

"This ruling, if allowed to stand, threatens not only Prop 8 in California but the laws in 45 other states that define marriage as one man and one woman," said Brian Brown, the Prresident of the National Organization for Marriage, which helped fund the 2008 campaign that led to the gay marriage ban.

Currently, same-sex couples can only legally wed in Massachusetts, Iowa, Connecticut, Vermont, New Hampshire and Washington, D.C.

The appeal to the 9th Circuit filed on the heels of Walker's landmark ruling, was lodged by Protect Marriage, which is a coalition of religious and conservative groups that sponsored Proposition 8.

California Gov. Arnold Schwarzenegger and Attorney General Jerry Brown wisely chose to watch from the sidelines and remain out of the fray.


Friday, April 16, 2010

Legal arguments...quote!





The best legal argument
is the one that is presented properly
in a Court of Law

 
Julian Ayrs
Truisms
A Collection of Thoughts

 

Wednesday, February 4, 2009

Barack Obama...DEA Raids 4 pot dispensaries! Locals hopping mad at Prez & Eric Holder...

Good stuff, dude!


The locals are in an uproar.

Yup, they are mad as hell, and they're not going to take it anymore.

So, what's all the fuss about in LA-LA Land?

Yesterday, the DEA raided 4 pot dispensaries in Los Angeles County, in spite of spirited campaign pledges last fall - by then presidential hopeful, Barack Obama - that there would be an end to the use of Federal funds (and resources) to undermine State Medical Cannabis laws.

Now that the political upstart is firmly ensconced on Capitol Hill for four years - God willing - has a painful reality sunken in?

Is it wholly possible Obama realizes now - that in order to effect honest-to-goodness change in Washington - he and his political cronies may have to grease a few palms and utter up a promise or two to rivals if they want to cut a dignified (and successful) swath through the corridors of power?

Top guns at Americans for Safe Access, who have been in-and-out of the courts on the West Coast over the past year securing court orders to ensure law enforcement upholds the "will of the people" in respect to the compassionate use of medical marijuana in California, are angered about the pot busts for a couple of reasons.

For starters, the U.S. Senate just confirmed and gave the nod to Eric Holder to head up the Department of Justice under the Obama administration umbrella this past week.

Therefore, the leadership at ASA (Americans for Safe Access) have publicly noted for the record that the four raids on Tuesday (February 3rd) should be the "first" and "last" of the DEA raids under Holder’s leadership.

In addition - ASA and medical marijuana advocates have stridently lamented to the press and to anyone within ear shot that will listen - that because Obama said he would stop the raids they intend to hold the "wishy-washy" White House honcho to his word!

In jest, irate advocates have wondered aloud (alongside Los Angeles Times editors) if the powers-that-be at the DEA are unaware that the old cowpoke - George W-ah-Yah Bush - is no longer sitting in the hot seat where slick Willy kicked back for one of his first ruby-red lipstick-laden Lewinski's a scant decade or so ago.

Well, no matter, 'cause they don't intend to dial 'em up to rustle up an answer.

ASA, grass roots supporters - and others - have sprung into action!

In fliers, e-mails, and at rallies, ASA has been urging Californians to make a couple of highly-motivated phone calls to Obama's office at the White House to inform the PREZ that they are sick and tired of DEA interference and their ongoing intimidation tactics in states where the compassionate use of Marijuana for Medicinal purposes is legal.

"Tell your federal government that you will not tolerate wasteful spending by having DEA harass innocent civilians with smash and grab tactics," urged one ASA employee this morning.

Obama may be reached at (202)456.1111.
(Office hours Monday-Friday)

Likewise, you can toss a few choice words at Attorney General Holder by dialing his office directly on the "hill" at (202)353.1555.

For those of you unfamiliar with the DEA raids, the laws pertaining to the compassionate use of Marijuana for medicinal purposes in California, and the ongoing controversies that have split the community over the past year or so, I have posted a handful of links to news reports I penned and published to this site in respect to the raucous raids, angry protests, and complex court proceedings that went down in Los Angeles this past year.

Post: 05/16/08
Reefer Madness

http://ijulian.blogspot.com/2008/05/insomniac-cinemareefer-madness-screens.html


Post: 05/06/08
House Judiciary Committee to probe DEA Raids

http://ijulian.blogspot.com/2008/05/deaabuse-house-judiciary-committee-to.html


Post: 04/07/08
City Council votes yes on SRJ 20 (Funds for DEA Raids)

http://ijulian.blogspot.com/2008/04/los-angeles-city-councilvotes-yes-on.html


Post: 03/24/08
ASA protest @ Federal Building (DEA Raids)

http://ijulian.blogspot.com/2008/03/drug-enforcement-agency.html


Post: 11/29/07
Court Victory re: Medical Marijuana

http://ijulian.blogspot.com/2007/11/medical-marijuanacourt-victory.html


The DEA must be smokin' the stuff 'cause they're keen on the munchies, too!