Comments on: Prop 8 Proponents ask 9th Circuit to overrule Ware on gay judges

By: Regan DuCasse

Regan DuCasse — Tue, 28 Jun 2011 20:32:58 +0000

This is one of those 9th circuit cases that is a lot less ambiguous or a result of liberal thinking than opponents of ss marriage like to think. They might look at the record of the 9th and cite how many cases were overturned in a higher court.
But the convoluted turns THIS is taking is so remarkable it really begs close observation.

Walker’s decision, and in reading the transcripts on how he made it, AND compared to his record on OTHER cases regarding gay people, it’s significant that his overturning of 8 was called into question the way it was.
In grasping at this ONE decision as a factor of Walker’s orientation (while ignoring his entire record and who appointed him), Cooper et al, paved their own case with doom.

Even if we confront the opponents of ss marriage with the most basic of legal reality, they STILL want to recirculate an opinion that has NO basis in actual law.

Most importantly, not singularly, OR collectively can their opinions challenge ESTABLISHED law.

In majority opinions that drive majority votes, the basis of discrimination would ALSO apply to hetero men and women, even if it’s not stated in the state and federal Constitution, nor WOULD it be.
Essentially because these amendments ARE discriminatory, where the REST of any amendments are not.

The most important factor is that the equal standing of ss marriage WITH os marriage does NOT harm or compromise the rights or freedoms of EITHER.
Just as parent couples AND non parent couples do not change the relevance of marriage for both. Nor it’s definition.

Cooper is listening to the complaints of his clients, rather than reading the precedent of law for EVERYONE and WHY such precedents were established.
After a fashion, this amendment is INDEFENSIBLE, and those opposed to gay people in general really haven’t grasped that, and refuse to.

By: Timothy Kincaid

Timothy Kincaid — Tue, 28 Jun 2011 17:34:59 +0000

Tony,

Sorry. No, I don’t know of examples.

By: Hunter

Hunter — Tue, 28 Jun 2011 11:19:35 +0000

It’s another tactic. Cooper, I’m sure at the insistence of his clients, has given up pursuing a case at law and is now trying everything he can think of to obfuscate the issues and delay proceedings, because as the original trial demonstrated quite clearly, he doesn’t have a case and never did. I take this as an indication that Proponents know they are going to go down on the merits in the Circuit court and are doing whatever they can to cast doubt on the original decision.

By: Stefan

Stefan — Tue, 28 Jun 2011 04:35:13 +0000

If they take this case I will be shocked. Ware’s ruling was very conscice and will put many justices in complicated positions in future cases.

By: Tony

Tony — Tue, 28 Jun 2011 01:40:31 +0000

@Timothy
I remember something while reading news about the Judge Ware saying something along the lines that attorneys have been reprimanded for making suggestions like this. Do you know of any examples?

By: Tony

Tony — Tue, 28 Jun 2011 01:38:50 +0000

“religious arrogance”

Perfect. That is a great description of the religious right.

By: Timothy Kincaid

Timothy Kincaid — Tue, 28 Jun 2011 01:27:55 +0000

occono,

Perhaps that’s poor wording. I’m not really assuming that they will or won’t hear the appeal.

Maybe I should have said “So, unless the Ninth stamps this appeal…”

By: occono

occono — Tue, 28 Jun 2011 01:14:02 +0000

Why are you assuming they won’t stop the appeal?