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Perry v. Schwarzenegger legal analysis thread

Discussion in 'Current Events, World News, & LGBT News' started by Dan82, Aug 4, 2010.

  1. Dan82

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    As I find articles and blog posts providing legal analysis of Perry v. Schwarzenegger I’ll post them in this thread.


    Prop. 8 Overturned: The Facts, Not the Law, Matter

    http://www.theatlantic.com/politics...verturned-the-facts-not-the-law-matter/60957/



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    The judge’s entire opinion is available here

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    California’s Gay Marriage Ban Lacks a Rational Basis

    http://www.cato-at-liberty.org/2010/08/04/californias-gay-marriage-ban-lacks-a-rational-basis

     
  2. Dan82

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    Key Language From Judge Walker’s Opinion

    http://volokh.com/2010/08/04/key-la...+Volokh+Conspiracy)&utm_content=Google+Reader

     
  3. Dan82

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    Reagan-Appointed Judge Strikes Down Gay Marriage Ban


    http://www.cato-at-liberty.org/2010/08/04/reagan-appointed-judge-strikes-down-gay-marriage-ban/

     
  4. Lady Gaga

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    Chuck Donovan is very well known racist, homophobe, sexist, and anti-semite. Anything he says is just a giant ignorant bell ringing in my ears.
     
  5. Dan82

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    Federal Trial Court Rules That Proposition 8 Violates the 14th Amendment

    http://newyorklawschool.typepad.com...roposition-8-violates-the-14th-amendment.html



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    First Reactions on Perry

    http://www.ordinary-gentlemen.com/2010/08/first-reactions-on-perry/

     
  6. Dan82

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    A Maximalist Decision, Raising the Stakes

    http://volokh.com/2010/08/04/a-maximalist-decision-raising-the-stakes/

     
  7. Dan82

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    Proposition 8 ruling: Don't pick the caterer just yet

    http://www.salon.com/news/feature/2010/08/04/linda_hirshman_prop_8/



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    Judge Walker's decision to overturn Prop 8 is factual, well-reasoned, and powerful

    http://www.slate.com/id/2262766/

     
  8. Dan82

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    How Much Do the Factual Findings Matter in Perry v. Schwarzenegger?

    http://volokh.com/2010/08/05/how-much-do-the-factual-findings-matter-in-perry-v-schwarzenegger/

     
  9. Emberstone

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    It seems that our first test now will be friday, where there will be a hearing that will ultimately leads to if a stay, keeping marriage licenses from being given until the 9th circuit court of appeals can take on the appellete process.

    The general consensus all around, at least from the experts I have been reading, is that the stay is likely, to keep the process running smoothly through the appeals stages. There is no gureentee that on the off-chance that the 9th circut of appeals rejects the standing of 'unconstitutional', that any marriages validated in the intravening period would remains so. it would be a seperate court issue if they would be permitted to remain valid, as with the 18,000 before prop 8 was enacted.

    having a stay, also apperently speeds up the process a bit on getting the 9th court to take the appeal at the soonest possible time.
     
  10. Dan82

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    Too Soon to Declare Victory

    http://www.nytimes.com/roomfordebat...-the-constitution/too-soon-to-declare-victory



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    Power in the Facts

    http://www.nytimes.com/roomfordebat...e-constitution/judge-walkers-factual-findings



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    Waiting for the Supreme Court

    http://www.nytimes.com/roomfordebat...he-constitution/waiting-for-the-supreme-court

     
  11. Dan82

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    Kennedy, Olson and the Right Side of History

    http://www.fivethirtyeight.com/2010/08/kennedy-olson-and-right-side-of-history.html

     
  12. Dan82

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    Con Law Expert Gordon Silverstein: Prop 8 Ruling Could Cost the Gay Rights Movement

    http://www.tnr.com/blog/jonathan-co...ein-prop-8-ruling-could-cost-the-gay-rights-m

     
  13. Dan82

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    Why It Might Be Rational For Judge Walker to Stay His Own Ruling in the Prop. 8 Case

    http://electionlawblog.org/archives/016619.html

     
  14. Dan82

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    There Are Facts, and Then There Are Constitutional Facts

    http://www.concurringopinions.com/a...-and-then-there-are-constitutional-facts.html

     
  15. Dan82

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    Further Thoughts on Perry

    http://theonebestway.wordpress.com/2010/08/05/further-thoughts-on-perry/

     
  16. Dan82

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    Did Vaughn Walker Transform the Right to Marry?

    http://reason.com/blog/2010/08/05/did-vaughn-walker-transform-th

     
  17. Dan82

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    Is Judge Walker’s Opinion Really that Compelling?

    http://volokh.com/2010/08/06/is-judge-walkers-opinion-really-that-compelling/

     
  18. Dan82

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    Prop 8 ruled unconstitutional as lacking rational basis

    http://hunterforjustice.typepad.com...constitutional-as-lacking-rational-basis.html