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The people of California voted that marriage should be defined as between one man and one woman. Period. It's "unconstitutional" for the judge to reverse what the people have decided.
I was going to respond to this, but I can see that about 10 peope already had, but I will add these thoughts:
1. We are a republic, not a democracy. Direct voting isn't necessary for the government to conduct it's buisiness.
2. Rights are ensured by the Constitution. The 14th Amendment PROHIBITS states and the federal government from abridging those rights. It is agreed upon that people [regardless of orientation] have a right to be married. Prop 8, is therefore unconstitutional. To deny a group of people a right otehrwise granted, is not only blatant discrimination, but it's unconstitutional.
3. There are three separate, yet co-equal branches of government. The point of the third [and most over looked branch], the Judiciary, is to understand the constitutionality of a law, to hear a case and apply previous understanding, and rule according to the law and it's application as allowed by established law [including the Constitution].
At the end of the day, a trillion people could have voted Prop 8, and at the end of the day a trillion of people would have legally violated the Constitution.
The people of California voted that marriage should be defined as between one man and one woman. Period. It's "unconstitutional" for the judge to reverse what the people have decided.
The Ninth Circuit Court of Appeals has issued its scheduling order for the appeal of the Perry v. Schwarzenegger decision. Appellant's briefs are due to be submitted to the Ninth Circuit by November 12, 2010 and appellees' responding briefs are subsequently due to be submitted to the Ninth Circuit by December 13, 2010.
The Ninth Circuit Court of Appeals has issued its scheduling order for the appeal of the Perry v. Schwarzenegger decision. Appellant's briefs are due to be submitted to the Ninth Circuit by November 12, 2010 and appellees' responding briefs are subsequently due to be submitted to the Ninth Circuit by December 13, 2010.
The Ninth Circuit Court of Appeals has issued its scheduling order for the appeal of the Perry v. Schwarzenegger decision. Appellant's briefs are due to be submitted to the Ninth Circuit by November 12, 2010 and appellees' responding briefs are subsequently due to be submitted to the Ninth Circuit by December 13, 2010.
It'll be interesting to see if the Prop. 8. side actually tries to put up a strong defense, instead of the rice-paper thin charade they put up at the actual trial.
It'll be interesting to see if the Prop. 8. side actually tries to put up a strong defense, instead of the rice-paper thin charade they put up at the actual trial.
Probably not... there's pretty much zero chance the 9th Circuit is going to side with them and they know it. And even if they do through some weird shift in the Universe, the other side will appeal - no matter how the 9th rules, the loser is going to appeal.
Both sides know this is going to wind up before SCOTUS, that neither will settle for a lesser court ruling. The only real question is whether SCOTUS will agree to hear the appeal. I think they will. I hope they will. Even if the 9th shoots down Prop8 as well, I STILL want this heard by SCOTUS. We need a definitive ruling once and for all.
Probably not... there's pretty much zero chance the 9th Circuit is going to side with them and they know it. And even if they do through some weird shift in the Universe, the other side will appeal - no matter how the 9th rules, the loser is going to appeal.
Both sides know this is going to wind up before SCOTUS, that neither will settle for a lesser court ruling. The only real question is whether SCOTUS will agree to hear the appeal. I think they will. I hope they will. Even if the 9th shoots down Prop8 as well, I STILL want this heard by SCOTUS. We need a definitive ruling once and for all.
It only takes four Justices to grant cert. And if the Ninth Circuit affirms the decision, the Supreme Court is all but certainly going to review the case.
I was going to respond to this, but I can see that about 10 peope already had, but I will add these thoughts:
1. We are a republic, not a democracy. Direct voting isn't necessary for the government to conduct it's buisiness.
2. Rights are ensured by the Constitution. The 14th Amendment PROHIBITS states and the federal government from abridging those rights. It is agreed upon that people [regardless of orientation] have a right to be married. Prop 8, is therefore unconstitutional. To deny a group of people a right otehrwise granted, is not only blatant discrimination, but it's unconstitutional.
3. There are three separate, yet co-equal branches of government. The point of the third [and most over looked branch], the Judiciary, is to understand the constitutionality of a law, to hear a case and apply previous understanding, and rule according to the law and it's application as allowed by established law [including the Constitution].
At the end of the day, a trillion people could have voted Prop 8, and at the end of the day a trillion of people would have legally violated the Constitution.
What will you say if the U.S. Supreme Court rules prop 8 as not unconstitutional?
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Schedule of Appeal
