November 29th, 2010
Next Monday at 10:00 am, a panel from the Ninth Circuit Court of Appeals will hear an appeal to Judge Walker’s decision in Perry v. Schwarzenegger that Proposition 8 is in violation of the US Constitution. That panel will consist of Judges Stephen Roy Reinhardt, Michael Daly Hawkins, and Norman Randy Smith.
The general consensus (from supporters and opponents of marriage equality) is that Reinhardt and Hawkins are likely to be sympathetic to the merits of the case, while Smith – a Republican whose entire education has been in Mormon institutions – may be less inclined to find that gay people are a class of people who were, in this instance, targeted for unconstitutional discrimination by (among others) the church to which he belongs.
The trial proceedings have also been amended. The first hour will be as previously announced, but the second hour will be:
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Scott P.
November 29th, 2010
Smith should do the honorable thing and recuse himself, but I’m not holding my breath!
Priya Lynn
November 29th, 2010
Timothy said “The general consensus (from supporters and opponents of marriage equality) is…”
A consensus is a general opinion. A general consensus is a general general opinion.
cowboy
November 29th, 2010
Interesting stroke of luck: N. Randy Smith being picked at random. This couldn’t have been better scripted for an Aaron Sorkin TV pseudo-drama.
Lindoro Almaviva
November 29th, 2010
We already know these proceedings will be televised. Any chance that we get more information about that, including websites wherewe could watch?
Also, may suggest we gave a cybernetic meeting and we have either a chat or something? It would be nice to be around people more versed in law as we watch
Emily K
November 29th, 2010
@cowboy couldn’t agree more.
So two “sensitive” judges and a Mormon one.
What does this mean for the case? Is it in jeopardy? Will Justice Smith- i dunno – “filibuster” in some way? Is that part of the protocol? I’m rather ignorant of this matter.
John in the Bay Area
November 29th, 2010
Judges like not to decide things if there is another way out. I think that they will find that the appellants don’t have standing and dismiss the appeal on that basis.
cowboy
November 30th, 2010
Laura on mormonsformarriage.com said:
I do know there are lawyers from the J. Reuben Clark Law School (BYU) who are on our side of this issue.
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