Perry appellant judges announced

Timothy Kincaid

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:

  • 30 minutes for the Proponents
  • 20 minutes for the Perry plaintiffs-appellees, and
  • 10 minutes for the plaintiff-intervenor-appellee City and County of San Francisco.

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.


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.


November 30th, 2010

Laura on said:

Any judge worth his salt knows better than to judge civil law by the tenets of the Book of Mormon/Bible rather than by the requirements of the Constitution. It’s not like this is the first time they will have been asked to review a sticky moral-political issue, and if they feel they cannot sit in judgment without a conflict of interest they will step down and let another judge sit on in their stead. No judge wants her opinions overturned, especially on technicalities like bias, so it would make sense that a wise judge would avoid appearances of bias wherever they might rear their ugly heads.

I do know there are lawyers from the J. Reuben Clark Law School (BYU) who are on our side of this issue.

Leave A Comment

All comments reflect the opinions of commenters only. They are not necessarily those of anyone associated with Box Turtle Bulletin. Comments are subject to our Comments Policy.

(Required, never shared)

PLEASE NOTE: All comments are subject to our Comments Policy.


Latest Posts

The Things You Learn from the Internet

"The Intel On This Wasn't 100 Percent"

From Fake News To Real Bullets: This Is The New Normal

NC Gov McCrory Throws In The Towel

Colorado Store Manager Verbally Attacks "Faggot That Voted For Hillary" In Front of 4-Year-Old Son

Associated Press Updates "Alt-Right" Usage Guide

A Challenge for Blue Bubble Democrats

Baptist Churches in Dallas, Austin Expelled Over LGBT-Affirming Stance

Featured Reports

What Are Little Boys Made Of?

In this original BTB Investigation, we unveil the tragic story of Kirk Murphy, a four-year-old boy who was treated for “cross-gender disturbance” in 1970 by a young grad student by the name of George Rekers. This story is a stark reminder that there are severe and damaging consequences when therapists try to ensure that boys will be boys.

Slouching Towards Kampala: Uganda’s Deadly Embrace of Hate

When we first reported on three American anti-gay activists traveling to Kampala for a three-day conference, we had no idea that it would be the first report of a long string of events leading to a proposal to institute the death penalty for LGBT people. But that is exactly what happened. In this report, we review our collection of more than 500 posts to tell the story of one nation’s embrace of hatred toward gay people. This report will be updated continuously as events continue to unfold. Check here for the latest updates.

Paul Cameron’s World

In 2005, the Southern Poverty Law Center wrote that “[Paul] Cameron’s ‘science’ echoes Nazi Germany.” What the SPLC didn”t know was Cameron doesn’t just “echo” Nazi Germany. He quoted extensively from one of the Final Solution’s architects. This puts his fascination with quarantines, mandatory tattoos, and extermination being a “plausible idea” in a whole new and deeply disturbing light.

From the Inside: Focus on the Family’s “Love Won Out”

On February 10, I attended an all-day “Love Won Out” ex-gay conference in Phoenix, put on by Focus on the Family and Exodus International. In this series of reports, I talk about what I learned there: the people who go to these conferences, the things that they hear, and what this all means for them, their families and for the rest of us.

Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"

The Heterosexual Agenda: Exposing The Myths

At last, the truth can now be told.

Using the same research methods employed by most anti-gay political pressure groups, we examine the statistics and the case studies that dispel many of the myths about heterosexuality. Download your copy today!

And don‘t miss our companion report, How To Write An Anti-Gay Tract In Fifteen Easy Steps.

Testing The Premise: Are Gays A Threat To Our Children?

Anti-gay activists often charge that gay men and women pose a threat to children. In this report, we explore the supposed connection between homosexuality and child sexual abuse, the conclusions reached by the most knowledgeable professionals in the field, and how anti-gay activists continue to ignore their findings. This has tremendous consequences, not just for gay men and women, but more importantly for the safety of all our children.

Straight From The Source: What the “Dutch Study” Really Says About Gay Couples

Anti-gay activists often cite the “Dutch Study” to claim that gay unions last only about 1½ years and that the these men have an average of eight additional partners per year outside of their steady relationship. In this report, we will take you step by step into the study to see whether the claims are true.

The FRC’s Briefs Are Showing

Tony Perkins’ Family Research Council submitted an Amicus Brief to the Maryland Court of Appeals as that court prepared to consider the issue of gay marriage. We examine just one small section of that brief to reveal the junk science and fraudulent claims of the Family “Research” Council.

Daniel Fetty Doesn’t Count

Daniel FettyThe FBI’s annual Hate Crime Statistics aren’t as complete as they ought to be, and their report for 2004 was no exception. In fact, their most recent report has quite a few glaring holes. Holes big enough for Daniel Fetty to fall through.