Prop. 8 briefing complete

Dan82 · Aug 16, 2010

http://www.scotusblog.com/blog/2010/08/16/prop-8-briefing-complete/

Backers of California’s Proposition 8 ban on same-sex marriage in that state on Monday questioned whether a federal judge lacked the authority even to rule in the federal constitutional case, so his ruling striking down the ban must be wiped out. The argument was made as attorneys completed the briefing before the Ninth Circuit Court on whether District Judge Vaughn R. Walker’s ruling will be postponed while the ban’s supporters pursue an appeal.

Since state officials had agreed with the challengers to Proposition 8 that the ban was unconstitutional, there was no live “case or controversy” before Judge Walker unless the supporters of the ballot measure had a right to be in court (that is, had ‘standing”), the proponents’ final brief asserted. The question of who can defend the state ban, if state officials themselves did not, hangs over the entire effort to put Judge Walker’s ruling on hold. State officials have made clear that they want the judge’s decision to take effect promptly, and thus are not themselves pursuing an appeal or any delay. The Proposition’s supporters insist that they do have “standing,” and thus can carry on the case to defend the ballot measure.

With all briefs now in on the stay issue, the Ninth Circuit could act at any time. If Judge Walker’s decision is not put on hold, it is scheduled to take effect at 5 p.m. Wednesday, clearing the way for same-sex couples to obtain licenses and get married...

http://www.scotusblog.com/blog/2010/08/16/prop-8-briefing-complete/
Click to expand...

Alex19 · Aug 16, 2010

too many legal terms.. someone give me the gist please

Prop. 8 briefing complete

Dan82
Full Member

Alex19
Full Member

Prop. 8 briefing complete

Thread Tools

Dan82 Full Member

Alex19 Full Member

Dan82
Full Member

Alex19
Full Member