Comments on: Proposition 8 found unconstitutional

By: Bruce

Bruce — Thu, 05 Aug 2010 04:34:31 +0000

All I can say is “it’s about time.” I nearly cried reading about this.

By: DN

DN — Thu, 05 Aug 2010 00:32:47 +0000

oh woops I see my question has been addressed – my bad! I started typing the question then had to leave my computer for a few minutes hehe

By: DN

DN — Thu, 05 Aug 2010 00:32:04 +0000

Very thrilling day today :)

My question is about the appeals process. Regan’s post got me thinking and I’m sure I could find this, but I want to know what the appeals court is allowed to do…

Are appelate courts limited to only examining the evidence and proceedings of the original trial? ie: can new evidence be introduced in subsequent appeals?

If it’s the case that the window for presenting evidence is now closed, then I have to say I’m elated! How could *any* justice rule in favour of *any* side that presented *no* evidence?

By: grantdale

grantdale — Wed, 04 Aug 2010 23:55:14 +0000

There are some long overdue findings in the ruling, and much welcomed. Those alone are very big news.

For those interested in the mouths of horses, the United States District Court for the Northern District of California (whew) has established a central page for the case.

https://ecf.cand.uscourts.gov/cand/09cv2292/

By: Helen in Ireland

Helen in Ireland — Wed, 04 Aug 2010 23:36:25 +0000

‘I did read that somewhere that appeals in matters such as these are solely based on the evidence submitted at the original child and challenges the JUDGE’S findings – therefore no new evidence can be presented later.’

Re: ‘child’ – I meant ‘trial’ !! Sorry, its after midnight here and my brain slipped here!

By: Helen in Ireland

Helen in Ireland — Wed, 04 Aug 2010 23:32:17 +0000

“Mark F. says:
Good news, but it’s questionable whether this ruling will survive the Appeals Court, or hold up at the SCOTUS.
The defense was totally miserable here, but they may do better in the future. Just sayin’”

I know I’m looking at this from a different country (and celebrating with you all!) but I did read that somewhere that appeals in matters such as these are solely based on the evidence submitted at the original child and challenges the JUDGE’S findings – therefore no new evidence can be presented later. Can someone confirm this is the case? Can a new defense team present their evidence in a different way?

By: Matt

Matt — Wed, 04 Aug 2010 23:20:50 +0000

And here’s the nail in the coffin to the NOM’s “People should have the right to vote on marriage” meme, from the ruling:

The arguments surrounding Proposition 8 raise a question similar to that addressed in Lawrence, when the Court asked whether a majority of citizens could use the power of the state to enforce “profound and deep convictions accepted as ethical and moral principles” through the criminal code. 539 US at 571. The question here is whether California voters can enforce those same principles through regulation of marriage licenses. They cannot.
California’s obligation is to treat its citizens equally, not to “mandate [its] own moral code.”

Game, set, equality.

By: Matt

Matt — Wed, 04 Aug 2010 23:17:53 +0000

Almost done reading this decision- there’s some remarkable stuff in there. I have to agree with Regan. I’m no lawyer, but the section on “Questions of Law” looks like a slam-dunk to me.

By: cowboy

cowboy — Wed, 04 Aug 2010 23:03:31 +0000

No credible evidence supports a finding that an individual may, through conscious decision, therapeutic intervention or any other method, change his or her sexual orientation.

Yes, that’s a biggie right there.

Thank you Judge. Thank you BTB for summarizing it for me just before I commute back home and then digest the news.

Maybe I should stay at work and join the rally instead of going home.

What a great feeling.

By: Jaft

Jaft — Wed, 04 Aug 2010 23:01:08 +0000

I was at my internship. The second 1 P. M. PST hit, I was checking google compulsively for an answer. The first sign I got was a random tweet followed by Good As You with the full decision.

I combed through that for the next half hour, until I heard in the other room the other interns just finding out the news. It was a great moment as I walked over.