PROP 8 RULING TOMORROW!!

[RandySF]

The U.S. 9th Circuit Court of Appeals expects to release an opinion Tuesday on the consitutionality of Proposition 8, the 2008 ballot measure regarding same-sex marriage in California.

The three-judge panel heard arguments on whether the decision to strike down Prop 8 should be overturned because the justice overseeing the initial ruling failed to recuse himself or disclose he was in a gay relationship.

A summary of the opinion regarding the case Perry v. Brown will be prepared by court staff and will be posted along with the opinion sometime after 10 a.m. Tuesday.

Proposition 8 passed in the November 2008 state elections, adding a new provision to the California Constitution, which provides that "only marriage between a man and a woman is valid or recognized in California.




http://www.nbcsandiego.com/news/politics/Prop-8-Decision-Ninth-Circuit--138792074.html

[MineralMan]

1. I'm keeping my fingers crossed on this one.

May they rule correctly.

[TheWraith]

2. Good money says they tell the appellants to fuck off.

Recusal based on personal sexuality without evidence of bias in the ruling would make it virtually impossible to run the justice system.

[Starry Messenger]

3. Please do the right thing, 9th Circuit.

Fingers crossed.

[gopiscrap]

4. DU what do you think the chances are of the court overturning prop 8?

I know the 9th is a fairy liberal court..but IIRC it's moved a bit t the right in recent years?

[TheWraith]

5. They wouldn't be overturning Prop 8, they'd be deciding whether to overturn the lower ruling.

In essence they're not judging the case so much as whether the judge deciding it acted properly. I think they'll likely say he did.

[RandySF]

8. They're going to rule on two things.

In addition to deciding the constitutionality of Proposition 8, the 9th Circuit plans to rule on gay marriage opponents' attempt to set aside Walker's ruling because he did not disclose he was in a long-term same-sex relationship at the time of the trial.


http://www.mercurynews.com/samesexmarriage/ci_19903900?source=rss

[RandySF]

6. What has been the overall trend in the Federal Court system?

Seems like every recent District County ruling has been in favor of equality.

[s-cubed]

7. Turn this around: if the judge had failed to show that he was

in a heterosexual relationship, would that be cause for an appeal? If you can argue that one kind of relationship prejudices you, wouldn't the other as well?

[Rockholm]

9. Maybe the straight judges should have to recuse themselves?

Then again, we have said this before.