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So Long, Proposition 8

But.......but..........now we can marry rocks and have sex with trees too! And The Rapture! Won't someone think about The Rapture?
 
But.......but..........now we can marry rocks and have sex with trees too! And The Rapture! Won't someone think about The Rapture?
Rock judges should recuse themselves from decisions involving rock marriage.
 
Don't let the door hit your ass on the way out.

Today, a Federal appeals court ruled that a gay judge's opinion is just as valid as a straight judge's. The ruling that threw out Proposition 8, which banned gay marriage in California, has been upheld.

Glad to hear it.

A little bit of correction:

First, this was not an appeals court. It was a ruling by the District Court judge to whom the case was reassigned after Judge Walker retired.

Second, Proposition 8 is still on appeal. Earlier this year, the Ninth Circuit Court of Appeals (the federal court responsible for reviewing this decision) certified a question to the California Supreme Court. State courts are supposed to have the last word on the interpretation of their state's law, so many state courts will accept "certified questions" from federal courts where an issue of that state's law is unclear. I believe the California Supreme Court has yet to hear arguments on the certified question, which has to do with the standing of the Prop. 8 defenders to pursue their appeal.

So the original judgment still needs to work its way through the appellate system. The California Supreme Court will issue its ruling, and send the answer to the Ninth Circuit. The three-judge panel of the Ninth Circuit will then issue its ruling. One side or the other might ask the Ninth Circuit to hear the case en banc, meaning an eleven-judge panel of that circuit. And whether that happens or not, you can expect somebody to petition the U.S. Supreme Court to hear the case (though it doesn't have to, and in fact declines to hear the vast majority of cases people ask it to take).

This motion before the District Court was a sort of collateral attack on the judgment separate from the still-pending appeal. A sideshow, really. I suppose the moving parties could seek appellate review of this ruling as well, and I wouldn't put anything past the bigots who would bring such a motion, but I hope they get sanctioned for a frivolous appeal if they do. It's been clearly established for a long time that black judges can decide race discrimination cases, women judges can decide gender discrimination cases, etc.
 
This motion before the District Court was a sort of collateral attack on the judgment separate from the still-pending appeal. A sideshow, really. I suppose the moving parties could seek appellate review of this ruling as well, and I wouldn't put anything past the bigots who would bring such a motion, but I hope they get sanctioned for a frivolous appeal if they do. It's been clearly established for a long time that black judges can decide race discrimination cases, women judges can decide gender discrimination cases, etc.

I think this is the most relevant point. The bigots clearly showed their cards when they attempted this ham-fisted maneuver, and they'll only make themselves look worse and worse in the public eye if they keep it up. Let them, I say - it'll make the movement towards equality go that much faster.
 
I think this is the most relevant point. The bigots clearly showed their cards when they attempted this ham-fisted maneuver, and they'll only make themselves look worse and worse in the public eye if they keep it up.

Agreed. Especially since if you hold that a gay judge must recuse himself due to some implicit bias based on his homosexual relationship (which he might have wanted to convert into a marriage, even if he gives no such indication) then you must also hold that a straight judge must recuse him/her-self on the grounds that s/he might want to "protect" his/her heterosexual marriage.

Which, of course, would leave Lady Gaga to decide the case.
 
A little bit of correction:

First, this was not an appeals court. It was a ruling by the District Court judge to whom the case was reassigned after Judge Walker retired.

Second, Proposition 8 is still on appeal. Earlier this year, the Ninth Circuit Court of Appeals (the federal court responsible for reviewing this decision) certified a question to the California Supreme Court. State courts are supposed to have the last word on the interpretation of their state's law, so many state courts will accept "certified questions" from federal courts where an issue of that state's law is unclear. I believe the California Supreme Court has yet to hear arguments on the certified question, which has to do with the standing of the Prop. 8 defenders to pursue their appeal.

So the original judgment still needs to work its way through the appellate system. The California Supreme Court will issue its ruling, and send the answer to the Ninth Circuit. The three-judge panel of the Ninth Circuit will then issue its ruling. One side or the other might ask the Ninth Circuit to hear the case en banc, meaning an eleven-judge panel of that circuit. And whether that happens or not, you can expect somebody to petition the U.S. Supreme Court to hear the case (though it doesn't have to, and in fact declines to hear the vast majority of cases people ask it to take).

This motion before the District Court was a sort of collateral attack on the judgment separate from the still-pending appeal. A sideshow, really. I suppose the moving parties could seek appellate review of this ruling as well, and I wouldn't put anything past the bigots who would bring such a motion, but I hope they get sanctioned for a frivolous appeal if they do. It's been clearly established for a long time that black judges can decide race discrimination cases, women judges can decide gender discrimination cases, etc.

Couldn't just let me have my little moment of joy, could you. Had to go and harsh my mellow with facts. :mad:
 
I love that the issue of this decision was whether or not a gay judge's ruling was valid (because he's gay).

The underlying assumption isn't just about having an interest in the outcome, but that there's something horribly wrong with being gay such that we need to deny them the right to marry one another. And yet no one can say that. And it's great that no one can outright say that a gay judge is somehow inferior and shouldn't be on the bench because he's gay.

FWIW, to defend my point that it's not about having an interest in the case: don't heterosexual male and female judges have just as much a personal interest in the ruling since they might marry (and Prop 8 was sold as a defense of marriage)? I'm just waiting for someone to claim that the gay judge has a greater personal interest and admit that the crap about defending marriage was just an excuse to exercise homophobia and deny rights to some people.
 
Honestly I think only asexual non reproductive beings should be allowed to issue judgements. They must be kept in special isolation tanks separate from all human activity.

Can you imagine a judge that owns a home ruling on an eminent domain case!? What about a judge with a car ruling on speeding tickets!?

Of course if there is ever a case involving the defense of marriage against our asexual judges we will have to find someone else.
 
FWIW, to defend my point that it's not about having an interest in the case: don't heterosexual male and female judges have just as much a personal interest in the ruling since they might marry (and Prop 8 was sold as a defense of marriage)? I'm just waiting for someone to claim that the gay judge has a greater personal interest and admit that the crap about defending marriage was just an excuse to exercise homophobia and deny rights to some people.

Well, yeah, that's another reason why this motion was frivolous: applying the logic of the motion, and the proponents' own theory of the underlying case, essentially no judge would be eligible to rule. Homosexual judges would be biased because they (allegedly) (all) want to get married and would therefore benefit from ruling one way, and heterosexual judges would be biased because they (by the same logic) (all) want to get married, and Proposition 8 supposedly protects marriage.
 
This will lead to dogs and cats living together.

Mark my words. :jaw-dropp

Could be worse.
1494lion-zebra-love-never-be.jpg
 

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