Prop 8 Case Hearings Scheduled
Special Report - December 5, 2011
The U.S. Court of Appeals for the 9th Circuit will hear oral arguments later this week on two appeals in Perry v. Brown, the lawsuit challenging the constitutionality of Proposition 8, California’s marriage amendment. In a public announcement issued last week, the federal appeals court said it would hear oral arguments on two appeals in the Proposition 8 case on Thursday, December 8.
According to the court’s announcement, the three-judge panel of the 9th Circuit will first hear oral arguments in an appeal involving Chief U.S. District Judge James Ware’s September 2011 decision to allow the public release of video recordings made in the Proposition 8 civil bench trial. The appeal concerns whether the public release of the recordings violated the U.S. Supreme Court’s January 2010 order prohibiting the broadcast of the Proposition 8 trial.
The 9th Circuit panel of judges will also hear oral arguments in an appeal of Chief District Judge Ware’s denial of a motion that asked him to vacate now-retired Chief Judge Vaughn Walker’s ruling in the Proposition 8 lawsuit on the grounds that Judge Walker “was involved in a same-sex relationship” at the time and should have been disqualified. As we previously reported, Judge Walker ruled in August 2010 that California’s marriage amendment (Proposition 8) is unconstitutional because it discriminates against homosexuals.
The federal appeals court also responded to the recent unanimous decision by the California Supreme Court that the official proponents of Proposition 8 have “standing” to continue defending the measure against ongoing legal challenges. The 9th Circuit said no further oral arguments will be heard in the lawsuit but noted that 9th Circuit panel has asked both parties to “submit briefs pertaining to the California Supreme Court ruling.” The announcement also noted that the 9th Circuit has not yet issued its decision on the issues of standing or on the constitutionality of Proposition 8.
Prop 8 Defense Gets Green Light - November 18, 2011
9th Circuit Punts Prop 8 - January 6, 2011
NCFPC Joins Prop 8 Brief - September 24, 2010.
9th Circuit Stays Prop 8 Ruling - August 16, 2010.
Judge Won't Stay Prop 8 Ruling - August 13, 2010
Judge Rules Prop 8 Unconstitutional - August 5, 2010
The Issue That Will Not Go Away - FNC - Spring 2010
California Court Upholds Marriage Amendment - May 26, 2009
California Court To Rule On Proposition 8 - November 24, 2008
California Amendment Not Retroactive - August 8, 2008
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