Nth Circu approv release of vio of landmark gay marriage trial - JURIST - News

Contents:

• VIO OF LANDMARK GAY MARRIAGE TRIAL N BE RELEASED: 9TH CIRCU
• NTH CIRCU OKS UNSEALG VIOS OM LANDMARK GAY MARRIAGE TRIAL
• NTH CIRCU LG ADDS FIVE MORE STAT WHERE GAY MARRIAGE WILL BE LEGAL
• 9TH CIRCU RUL GAY MARRIAG TO STAY ON HOLD CALIFORNIA DURG APPEALS PROCS
• FIGHT TO BLOCK GAY MARRIAGE TRIAL VIO HS NTH CIRCU
• GAY MARRIAGE RULG PROMPTS RALLY

VIO OF LANDMARK GAY MARRIAGE TRIAL N BE RELEASED: 9TH CIRCU

People march the San Francis gay pri para, two days after the U. Circu Court of Appeals San Francis said s 2-1 lg that advot who had backed the gay marriage ban had not shown how publicly releasg the tap would e harm.

"Walker's California gay marriage lg preced the June 2015 U. Nth Circu approv release of vio of landmark gay marriage trial. It was a rough day for marriage equaly opponents Monday, as the 9th Circu Court of Appeals seemed prepared to say for the send time that gay and lbian upl have a nstutnal right to oral arguments challeng to two existg same-sex marriage bans -- Idaho’s and Nevada’s -- and one now-funct ban -- Hawaii’s -- a three-judge panel of the San Francis-based urt appeared highly skeptil of any jtifitn for excludg gay and lbian upl om the stutn of marriage.

” Berzon later acced Stewart of g gay people as “spegoats” orr to “send some vague msage.

NTH CIRCU OKS UNSEALG VIOS OM LANDMARK GAY MARRIAGE TRIAL

Rehardt, a Print Carter appotee rponsible for some of the most groundbreakg lgs favor of gay rights, took Stewart’s argument one step further, where aga faltered.

”Stewart did not go so far as to say that gay and lbian people make ferr parents, an argument which, as Universy of Richmond’s Carl Tobias puts , has been “oblerated” feral urt. That distctn was fact wily predicted to go to a challenge agast California’s same-sex marriage ban, Proposn 8, which rried the potential to legalize same-sex marriage at the natnal level, but end up beg dismissed by the high urt on procral that happened, however, the 9th Circu urt found Prop 8 unnstutnal, wrg 2012 that the ban “serv no purpose, and has no effect, other than to lsen the stat and human digny of gays and lbians California. Neteen stat pl the District of Columbia currently allow gay and lbian upl to wed -- more than a twofold crease sce the appeals urt led agast Prop 8 2012 -- and nearly 40 judg state and feral urtrooms across the untry have stck down same-sex marriage bans.

Only one feral judge has led agast marriage equaly sce the DOMA lg, and three appeals urts have sid wh gay and lbian upl five different s. Wh heightened scty, fendants (such as state officials argug on behalf of same-sex marriage bans) would have to show how a law that treats gay and lbian people differently serv an important or pellg state tert, not jt a legimate one.

NTH CIRCU LG ADDS FIVE MORE STAT WHERE GAY MARRIAGE WILL BE LEGAL

“I thk you’re gog to have an opportuny to fd out what Jtice Kennedy really thks, ” he said, referrg to the jtice’s DOMA opn affirmg both stat rights, and the basic digny of gays and lbians -- two ncepts seemgly at odds when to same-sex marriage thrillg as natnwi marriage equaly would be, however, Beverly Sevcik and Mary Baranovich, the lead platiff uple Nevada’s su, have their sights set on a smaller-sle victory. A divid Nth Circu panel found proponents of a 2008 ballot measure that banned gay marriage California failed to expla how the unsealg of trial vios would e them harm. District Judge Vghn Walker overturned California’s gay marriage ban Augt 2010 followg a two-week bench trial January that year.

A feral appeals urt San Francis on Tuday stck down bans on same-sex marriag Idaho and Nevada, th tablishg a legal precent that will likely pave the way for same-sex marriag throughout the entire ne-state judicial three-judge panel of the Nth US Circu Court of Appeals led unanimoly that the state bans Idaho and Nevada vlated nstutnal protectns bee they treated gay men and lbians differently than oppose-sex upl. ) California, Washgton, Oregon, and Hawaii already have legalized gay way of parison, only two days ago that number was 19 stat, pl the District of Columbia.

9TH CIRCU RUL GAY MARRIAG TO STAY ON HOLD CALIFORNIA DURG APPEALS PROCS

“Laws that treat people differently based on sexual orientatn are unnstutnal unls a legimate purpose over the jury flicted by the law on lbians and gays and their fai, ” Judge Rehardt said. Rehardt nclud his ncurrence by urgg full acceptance of gay men and lbians.

16, 2010— -- A feral appeals urt led today that California's ban on gay marriage will rema place fely as judg nsir whether is cisn by the Nth Circu Court of Appeals overturns the orr of a feral judge last week that would have permted same-sex upl to marry as soon as this three-judge panel that issued the cisn said the 9th Circu will expede the challenge to California's voter-aproved ban on gay marriage, though the se will not be heard urt until December. "When a lower judge mak an unprecented lg that totally overturns existg Supreme Court precent, the normal thg for that judge to do is to stay his cisn, and let the higher urts ci, an orrly fashn that rpects the le of law, if he's right or if he's way off-base, " said Brian Brown, print of the Natnal Organizatn for appeals urt cisn is a further setback for gay rights advot, many of whom were planng weddg ceremoni for 5 o'clock on Wednday, when same-sex marriag would have rumed for the first time sce November 2008, when voters approved Proposn weddgs were first allowed California June 2008, only to be blocked five months later by effort to ban gay marriage California was first lnched rponse to a state Supreme Court cisn allowg same-sex upl to wed.

Dpe the popular support, Walker found that the measure was rooted "unfound stereotyp and prejudic" and that the platiffs the se -- one lbian and one gay uple -- monstrated by "overwhelmg evince" that vlat rights to due procs and equal protectn unr the Constutn. "Proposn 8 fails to advance any ratnal basis sglg out gay men and lbians for nial of a marriage license, " Walker wrote his 136-page opn.

FIGHT TO BLOCK GAY MARRIAGE TRIAL VIO HS NTH CIRCU

"Moral disapproval alone is an improper basis on which to ny rights to gay men and lbians, " he wrote. "A California Field poll of registered voters last month found that 51 percent now support legalizg gay marriage wh 42 percent opposed. Forty-seven percent of Amerins polled favor gay marriage while 50 percent are stat -- Massachetts, Iowa, Connecticut, Vermont and New Hampshire -- and the District of Columbia perform same-sex marriag.

GAY MARRIAGE RULG PROMPTS RALLY

SAN FRANCISCO (CN) — Fightg to block the release of vio of a landmark trial that overturned California’s ban on same-sex marriage, a lawyer told the Nth Circu on Monday that a judge’s promise tmps the public’s tert accsg urt attorney for supporters of Proposn 8, a 2008 voter-backed ballot measure that banned gay marriage California, urged a three-judge panel of the feral appeals urt to uphold a judge’s -old promise not to air the vio, even after the passg of a 10-year expiratn date for sealed rerds. In Nevada, the orr was cleared after a few the supreme urt on Monday havg allowed other, siar lower-urt lgs to stand whout a full review, observers believe would be be surprisg if the jtic blocked the nth circu’s lg for some advot would have preferred a five, natnwi lg on the nstutnaly of gay marriage om the supreme urt, this week’s velopments neverthels reprent a sweepg advance, which has left opponents Wednday, lawyers stat affected by the two cisns were scramblg to schle urt heargs to mand summary judgements – that is, swift, five lgs – light of the new legal landspe. Supreme urt uld still take on gay marriage seBut the qutn of whether the supreme urt eventually tak up a gay marriage se pends on whether a feral appeals urt breaks ranks and livers a lg that upholds a state ban.