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Showing posts with label Prop 8. Show all posts
Showing posts with label Prop 8. Show all posts

Sunday, September 5, 2010

Proposition 8...3rd Appellate Court dismisses appeal! State won't intercede!








This past week, the 3rd District Court (Sacramento) dismissed a lawsuit lodged by supporters of Proposition 8, that sought to compel the State to the participate in a legal proceeding that seeks to permanently ban same-sex marriages in California pursuant to the initiative passed by voters.

The suit was fled on behalf of Ministers in the Los Angeles area by Pacific Justice Institute.

In response, the conservative group vowed to petition the California Supreme Court right away to ensure the Justices issue a ruling prior to a deadline set for September 11 which requires State Action before that date looms large next week.

Although the Justices in the 3rd District were “mum” on their refusal to review the issues, legal eagles for the petitioners were quite vocal about a perceived injustice.

“When the people peacefully enact a constitutional provision and the Attorney General refuses to give them meaningful review in the Federal Jurisdiction, then you have a veto by the executive branch,” accused Kevin Snider.

“That is a constitutional crisis that usurps the power of the people,” the attorney for the Institute concluded angrily.

Governor Schwarzenegger and Jerry Brown (Attorney General) have both refused to step into the fray in Federal Court in respect to the issue of same-sex marriage in the State of California.

Both politicians have stated for the record that they do not intend to appeal Judge Vaughn’s findings that the same-sex ban on marriage in California should be lifted on basic Constitutional grounds.



http://www.thetattler.biz

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.







Monday, August 9, 2010

Proposition 8...folks tweeted like mad 'til ruling came down! Here are a couple...






Twitter fans were tweeting so fast (so hard and so furious) just prior to the Prop 8 ruling being handed down last week - that it was difficult to copy and paste the tweets quickly enough - so they could be scooped up for posterity.

However, in the course of the frenzied excitement, I managed to snap up one or two tweets that best described the mounting tension - and captured the mood just prior to the release of the ruling on the issue of same-sex marriage (and the subsequent ban) - in San Francisco last week.

Eramelin: I had been watching the news, but then I realized Twitter is a better place to wait for news about Prop 8. XD
Twitter - seconds ago

buffalo_girl‎: I predict Twitter will #failwhale shortly after the Prop 8 ruling
Twitter - 8 minutes ago

FagHagMom‎: Watching NBC on the Advocate: Prop 8 Ruling Set For Release
Advocate Embed Player‎ - theplatform.com

revtristy‎: Let go of the fear and ignorance and walk into a brighter day, Golden State. No more Hate - Overturn Prop 8!
Twitter - seconds ago

shayera‎: I don't know which is worse, waiting for the Prop 8 decision to come down, or waiting for the City Librarian to walk into the branch.
Twitter - seconds ago

lclopez4‎: Califorinia's Prop 8 decision to be decided in just minutes Follow @salvadorduran for updates #hispanicling
Twitter - seconds ago

RiskyBizBlog‎: Hollywood awaits Prop. 8 decision
Hollywood awaits Prop. 8 decision‎ - hollywoodreporter.com
Twitter - seconds ago
davidbadash‎: #CNN is promising to announce the #prop 8 decision as soon as it is posted.
Twitter - seconds ago

Dawn_KJ‎: I'm hoping that Prop 8 will be ruled unconstitutional (because it is) and that there will be NO stay issued. #Prop8 #NoH8 #lgbt
Twitter - seconds ago

Amen!




Thursday, August 5, 2010

Newt Gingrich...blasts that Prop 8 Judge Walker is un-American! Kagan unlikely to vote his way!




Gingrich carries big stick!
(casts small shadow)







Newt Gingrich was on the rag today over the landmark ruling handed down yesterday by U.S. Federal District Court Judge Vaughn Walker who effectively overturned the ban on same-sex marriage in the State of California with a flourish of a pen.

In a bald-faced tirade, spewed across his infamous website of hate, Gingrich labelled the Judge's actions downright "outrageous", for starters.

Then, he proceeded to rant that the jurist presiding over the legal proceedings in San Francisco displayed a total disrespect for the U.S. Constitution and for the majority of Americans whom - he asserted - have held firm in their belief that the institution of marriage is a holy union exclusive to heterosexuals.

Newt should take a vicodin and call it a day!

After all, he needs to get his facts straight.

For example, the outspoken politician falsely alleged that in every State - from California to Maine to Georgia (where people have had a chance to vote) - Americans have affirmed that marriage is strictly a privilege afforded one man and one woman.

Newt, same-sex marriages are currently legal in Massachusetts, Iowa, Connecticut, Vermont, New Hampshire and Washington.

A majority of folks here-and-there appear to disagree, so wake up and smell the coffee.

Of course, anyone with an ounce of intelligence is keen to the fact that Newt Gingrich doesn't have much of a clue about the pulse of the American people anyway - beyond his own polluted little pond - much less in Washington or elsewhere.

But - the notion that Congress should rush in - was a real hoot.

"Congress now has the responsibility to act immediately to reaffirm marriage as a union of one man and one woman as our National policy," he keyed into a post angrily.

On the contrary, the issues pertaining to same-sex marriage must go on through the legal process, and a determination has to be made, according to the law of the land.

Judge Walker was just interpreting applicable Statutes to the best of his ability.

What do they say?

Don't shoot me! I'm just the messenger!

Justices in the higher court(s) will - undoubtedly - endeavour to do the same (now that an appeal has been filed with the 9th Circuit U.S. Court of Appeals) until the issue sputters to a logical conclusion.

When it comes to President Obama and Congress drumming up a "National Policy"?

Don't hold your breath, Newt!

Obama and his flat-footed cronies have yet to craft a meaningful Immigration Reform Bill - in spite of a loud outcry and violent protests - that has been tearing apart the country in recent weeks.

But, Newt's misguided lunacy doesn't stop there.

In a parting shot, he piped up:

"Today’s notorious decision also underscores the importance of the Senate vote tomorrow on the nomination of Elena Kagan to the Supreme Court because judges who oppose the American people are a growing threat to our society.”
 
OMG!
 
Does't he read the newspapers?
 
Essentially, Kagan was being touted as a shoe-in for confirmation.
 
Notwithstanding, is he really that much of an a**hole that he actually believes that anyone who disagrees with his point of view (Elena Kagan & Judge Walker) must be anti-American?
 
The man needs therapy!

 
 
 
Kagan un-American?
(or just out-of-fashion)
 

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.


Wednesday, August 4, 2010

Proposition 8...News alert! Minutes ago Judge Vaughn Walker struck down the ban on gay marriage in California!






Just minutes ago - as tweeters watched (and participated) breathlessly on the twitter web site - it was announced that U.S. District Court Judge Vaughn Walker issued a ruling that the Proposition 8 initiative approved by California Voters (2008) was unconstitutional.

Consequently, the ban on same-sex marriage has been overturned, in the State of California.

Background

http://ijulian.blogspot.com/2010/08/prop-8us-district-court-to-rule-today.html

News at 11!




Prop 8...Tweeters say Judge Walker ruled initiative unconstitutional minutes ago!







Proposition 8 News Alert

Tweets are coming out that Judge Walker ruled Prop 8 Unconstitutional minutes ago.

True or false?

News at 11!


NEWS UPDATE
________________________________________________

True!
The Judge overturned Prop 8!

Post:

http://ijulian.blogspot.com/2010/08/proposition-8news-alert-minutes-ago.html




Sunday, July 11, 2010

Prop 8...frenzied crowds gather in anticipation of ruling! San Francisco on alert...






A frenzied throng of of Prop 8 detractors, a blitz of media hounds- and a gaggle of just plain old curious folks - have been holding their collective breath ever since a rumor began circulating around the festive City by the Bay that a ruling was about to be handed down.

But, U. S. District Court Judge - Vaughn R. Walker (who is presiding over the controversial landmark case on the issue of same-sex marriage) - has, so far, kept his hand close to this chest.

It should be noted, that the feisty bench-warmer's Chambers were closed on Thursday and Friday.

That could mean one thing.

Just maybe, the Judge finished dotting his "i's" and crossing his "t's" mid week, took two days off to sit on his ruling, and intends to return bright-and-early Monday morning to release (what is expected to be a crushing blow to at least one party involved in the explosive litigation) his well-coddled ruling.

Bets, anyone?





Wednesday, February 24, 2010

Proposition 8 Judge...gay! Ethical questions arise...







Apparently, the San Francisco Chronicle reported earlier this month that Judge Vaughn Walker - who is presiding over the same-sex marriage case in Federal Court in San Francisco-  is "gay".

According to the news report, an anonymous tipster revealed the sexual persuasion of his Honor, to set the record - um - straight.

Due to the sensistive nature of  the case - the caller was reluctant to provide many details (including his or her identity) - save to state the following:

"He (Judge Walker) has a private life and he doesn't conceal it (the fact he is gay), but doesn't think it is relevant to his decisions in any case."

On the contrary, one could easily argue that it is especially "not true" in this instant case, which arises from the Prop 8 initiative banning same-sex marriage.

For instance, early on in the proceedings, Judge Walker ruled that there would be "no jury".
.
Why is that?

So he could control the outcome, of course!

The National Organization for Marriage was quick to jump on the issue.

The spokesperson for the group asserted that Judge Walker was more "akin to an activist than a neutral referee."

I agree!

Andy Pugno, who is the lawyer in charge of general counsel for Prop 8 supporters, has allegedly taken sides with Judge Walker.

For the record, NOM has stated that if they lose the case, they will not make his sexual persuasion an issue.

I have to wonder, though, is that just a political posture they've taken to avoid angering the Judge before he hands his ruling down?

News at 11!


Thursday, January 28, 2010

San Francisco...gay hate protest downtown! God hates America...


Gay hate strikes romantic climbs of San Francisco!







Just yesterday, the Federal court case regarding same-sex marriage winded down.

The Judge presiding over the case intends to review all the legal briefs, testimony, and documentary evidence in the next couple of weeks - prior to closing arguments - slated for March (2010) at the downtown Courthouse.

On the heels of this phase of the legal proceedings,  a nasty posse of anti-gay protesters sparked up a lot of anger (and controversy) this morning,  when they waved inflammatory signs and taunted passers-by (and motorists innocently driving by on Market Street).

One sign read:  God hates America.

I scrambled off the streetcar I was riding on and dashed to the center meridian to capture the hateful demonstration on HD Video.

Gay Hate Protest
(captured on HD Video January 28th/2010/San Francisco)

http://www.youtube.com/watch?v=D1zU-5U87G0

http://www.youtube.com/watch?v=R-FZgmY4T64
http://www.youtube.com/watch?v=GggSK0D0Wlo

http://www.youtube.com/watch?v=dLaeiJ0BF4s

http://www.youtube.com/watch?v=ErHoOWlwSxI

Many tourists were shocked to witness the shameful conduct of this rag-tag group of gay-bashers.

"I can't believe this is happening in San Francisco," one Europeana traveller lamented.

In retrospect, it appears that Prop 8 supporters have rustled up a lot of hatred toward gays (in addition to the fears they are spreading about the potential dangers of gay marriage).

Charges, for example, that allowing same-sex marriage would lead to the sodomization of young boys (and a desire by some to marry their pets) are outrageous (for starters).

These individuals are supposed to actually be God's children?




Poster gal for same-sex marriage!

Monday, July 6, 2009

Ellen DeGeneres...Prince! George Clooney! Drew Barrymore! Knock-out week for guests!




Wow!

Ellen's e-mail announcing her line-up of guests this week (July 6th/10th) sure packed a wallop.

Monday, Patrick Dempsey is expected to touch down on her couch and discuss his new cologne PLUS!

According to that latent homo cutie on TMZ ('ya know! the one with the long silky surfer dude "do" who's got a thing about dudes showing their "business" in public) Dempsey has one of the best a**es in Tinseltown.

Backed up with a video clip, folks!



Tomorrow, Ellen Generous (my nickname for the hostess-with-the mostest who gives away sweet tweets - um - treats on her top-rated show daily) will chat up perky cutie Drew Barrymore who sticks up for "Gay Moms".

Check out my video of Drew who turned out to support a repeal on Prop 8 in WeHo:


On Wednesday (July 8th) PRINCE will prance onto the stage and no doubt bring down the Ellen house when he breaks a personal-best recluse record for rarely making appearances on lowly talk shows.

That little charmer, Ellen, probably soft-soaped him outta the wings by gifting him with silky purple undershorts (she has a thing about guys underthings, 'ya know?) a matching "T" and feather boa, I expect.

Lindsay Lohan will cry the blues - same show! - about being alone.
Potential hook-ups should snatch up a ticket and make a pass when she saunters into the mostly-lesbo audience with Ellen to do what has become the quirky comedienne's ritual dance (the one thing that manages to always irk Howard Stern when nothing else does).




Georgie Baby (Clooney, who else?) will saunter in on Thursday all suave and debonair.
The handsome hunk has something in common with me, 'ya know?

Figured you would make that boner - get your mind out of the gutter folks!


Actually, "G" and I share the same birthday - May 6th - along with Rudolph Valentino (no wonder I always fantasize about being a silent film star) Willie Maes (I couldn't get a ball across the home plate for spit) Sigmund Freud (wet dreams are all about sex, noted old Sig, and I couldn't agree more) and Orson Welles.

Say, has anyone noticed the subtle blooper in the celebrated film - Citizen Kane - which has been touted as the "perfect" movie offering of all time?

Betcha can't!

Finally (thank God it's Friday) Hugh Jackman (Wolverine) will grace the Ellen stage with his studly self and cause a few straight gals (and dudes) in the footlights to swoon a tad.

For kicks, maybe Ellen & Hugh will perform an old Peter Allen tune?

Stay tuned!






Sunday, June 7, 2009

Gay Marriage...legalized in forward-thinking New Hampshire! I do! I do! But, not in sunny California...




As Gays in California languish in the political arena and continue to worm their way through the judicial system over the controversial issue of same-sex marriage, their counter-parts in other states celebrate joyous news!

For example, New Hampshire just became the sixth State in the Union to legalize gay marriage!

It was a tough row to hoe, nonetheless, as activists scrambled to get all their chicks in a row in the final stretch of the "I do!" game.

In spite of the fact Governor John Lynch opposed the move towards same-sex unions in New Hampshire originally, he was inclined to sign the legislation into law once the Senate and the House passed key language on religious rights (hear that, California?).

In a surprise political turn, Lynch stated for the record:

"Today, we are standing up for the liberties of same-sex couples by making clear that they will receive the same rights, responsibilities - and respect - under New Hampshire law."

Analysts on the sidelines speculated that the nod from the State reflected a changing demographic from one that was once Republican and conservative in stance to that of a more liberal view held by younger constituents.

The forward-thinking States of Massachusetts, Connecticut, Maine, Vermont, and Iowa now allow same-sex marriages recognized by law.

On the heels of the affixing his John Henry to the historical documents, Lynch opined for the record that it was time for the Federal Government to extend full equal rights to same-sex couples around the Nation.

The New Hampshire law goes into effect January 1st (2010).

Happy New Year!