Breaking: 9th Circuit Court of Appeals Asks for Opinion from California Supreme Court on Standing Issue

9th Circuit Court Punts Prop 8 To State Supreme Court On Standing
TM NOTE: This post has been front-paged from “In the News,” which was originally posted at 2:55 pm today. Joyce will begin a weekly posting this Saturday entitled “Queer Talk.” As you’ll see in the comment section, she took part in a Q&A by Adam Bink’s “Courage Campaign,” with updates added there. Via JoeMyGod, news that the court decision on California’s Prop 8 has been punted, and sent to the California State Supreme Court. Another one ...

NCLR Legal Analysis Of The Ninth Circuit Prop 8 Ruling
BLEND EXCLUSIVE: Trial analysis by the National Center For Lesbian Rights (NCLR) Attorney Shannon Minter. By Shannon Minter, Esq. National Center for Lesbian Rights Legal Director Today brings a new development in Perry v. Schwarzenegger, the federal Constitutional Challenge to California's Proposition 8, which amended the California Constitution to strip same-sex couples of the freedom to marry. Perry is currently on appeal before the Ninth Circuit Court of Appeals, the federal appeals cou...

Appeals court turns to state on key Prop. 8 issue
(01-04) 18:36 PST San Francisco -- California's highest court, which has issued three rulings on same-sex marriage in less than seven years, was handed another crucial question Tuesday - whether sponsors of a voter-approved measure banning gay and Lesbian Weddings have the right to defend it in court. The state Supreme Court was brought into the fray by the Ninth U.S. Circuit Court of Appeals in San Francisco, which heard arguments last month about whether Proposition 8, the 2008 initiative ou...

Appeals court turns to state on key Prop. 8 issue
(01-04) 18:36 PST San Francisco -- California's highest court, which has issued three rulings on same-sex marriage in less than seven years, was handed another crucial question Tuesday - whether sponsors of a voter-approved measure banning gay and Lesbian Weddings have the right to defend it in court. The state Supreme Court was brought into the fray by the Ninth U.S. Circuit Court of Appeals in San Francisco, which heard arguments last month about whether Proposition 8, the 2008 initiative ou...

Appeals court turns to state on key Prop. 8 issue
(01-04) 18:36 PST San Francisco -- California's highest court, which has issued three rulings on same-sex marriage in less than seven years, was handed another crucial question Tuesday - whether sponsors of a voter-approved measure banning gay and Lesbian Weddings have the right to defend it in court. The state Supreme Court was brought into the fray by the Ninth U.S. Circuit Court of Appeals in San Francisco, which heard arguments last month about whether Proposition 8, the 2008 initiative ou...

California Supreme Court: Cell Phone Searches Don't Need a Warrant
Awful 4th amendment decision yesterday in California that searching one's cell phone data does not require a warrant, in a time and place where a cell phone is more like a computer than a phone. Ars Technica with the details: The ruling comes as a result of the conviction of one Gregory Diaz, who was arrested for trying to sell ecstasy to a police informant in 2007 and had his phone confiscated when he arrived at the Police Station. The police eventually went through Diaz's Text Message folder ...

Appeals court turns to state on key Prop. 8 issue
(01-04) 18:36 PST San Francisco -- California's highest court, which has issued three rulings on same-sex marriage in less than seven years, was handed another crucial question Tuesday - whether sponsors of a voter-approved measure banning gay and Lesbian Weddings have the right to defend it in court. The state Supreme Court was brought into the fray by the Ninth U.S. Circuit Court of Appeals in San Francisco, which heard arguments last month about whether Proposition 8, the 2008 initiative ou...

Ninth Circuit Punts On Perry Prop 8; Certifies Standing To California
Liberty & Justice by Mirko Ilic We have unexpectedly quick news out of the 9th Circuit Court of Appeals on the Perry v. Schwarzenegger Proposition 8 marriage equality appeal. As you will recall, the case is in the 9th on appeal from the three week long evidentiary trial in the Northern District of California last January in front of Judge Vaughn Walker with closing arguments made on June 16 (summary of EW live coverage here) and Judge Walker’s opinion finding such marriage discrimina...

Appeals court asks for gay marriage guidance
San Francisco | Tue Jan 4, 2011 2:44pm EST San Francisco (Reuters) - A appeals court mulling California's Controversial Gay Marriage ban said on Tuesday it needs more legal guidance before it can decide the important constitutional issues at stake. California voters banned Gay Marriage in 2008 by approving so-called Proposition 8. But last year a federal District Court ruled the measure Unconstitutional. Supporters of the Gay Marriage ban appealed, but then-Attorney General and now Governor J...

Appeals Court Says Cross on Federal Land Unconstitutional
The Memorial Cross at the center of a 22-year Legal Battle was ruled Unconstitutional on Tuesday by the 9th Circuit Court of Appeals. The Mount Soledad memorial cross, located in the desert near La Jolla, Calif., was built in 1952 to honor American Veterans of the Korean War. In its ruling the court said the 43-foot cross conveys a message of government Endorsement of religion that violates the Constitution. The American Civil Liberties Union has fought to have the cross removed. They have a...

Appeals Court Seeks Guidance In Gay Marriage Case
A federal appeals court said Tuesday it cannot decide if California's Gay Marriage ban is constitutional until the state's highest court weighs in on whether Proposition 8's sponsors have the authority to defend the measure. A three-judge panel of the 9th U.S. Circuit Court of Appeals issued an order asking the California Supreme Court to decide if the backers of ballot propositions can step in to defend voter-approved initiatives in court when state officials refuse to do so. The High Court doe...

What Now For Prop 8?
Timothy Kincaid runs through different scenarios. Bmaz at Firedoglake analyzes: [T]his California Supreme Court certification process is likely to take some time. Six months would be a miracle, a year is far more likely. First off, the California Supreme Court does not have to accept consideration, and there will be a briefing process on whether they even should do that. Assuming they then accept consideration on the merits, and I do think it extremely likely they will, there will then b...

Breaking news in Prop 8 trial
Proposition 8, the Controversial Gay Marriage ban approved by California voters in the November 2008 General Election, has been working its way through the courts.  Today the Ninth U.S. Circuit Court of Appeals released its opinion on Prop 8 by asking the California Supreme Court to consider a matter of standing. Confused?  Court Cases can be hard to understand when different courts and various appeals are involved, so let's start with some background information to simplify what the l...

Prop 8: Back to the California Supreme Court
The fate of Prop 8 has moved through the federal legal system with relative speed --- until now. A three-judge panel of the Ninth Circuit Court of Appeals is kicking a dicey and important procedural question --- whether propopents of the California ban on same-sex marriage actually have standing to appeal --- to the state Supreme Court. They argue that it is better left to that court to provide clarity on a matter of state Constitutional Law. Last month, during oral arguments, they r...

BREAKING: Ninth Circuit Court Sends Prop 8 To State Supreme Court On "Standing"
Here's the ruling. Analysis and reactions shortly. Labels: California, Ninth Circuit Court., Proposition 8 New! Share this on Facebook: Share ...

New twist in California gay marriage legal battle
A US federal appeals court asked California's top tribunal Tuesday to help it rule on a challenge by opponents of same-sex marriages in the western US state. The US Ninth Circuit Court of Appeals sent the question back to California's Supreme Court, asking it to rule on whether anti Gay Marriage campaigners have the right to challenge a decision last year legalizing gay unions. Supporters of so-called Prop 8 -- a 2008 Referendum measure which banned Gay Marriage in California -- took their fig...

Ninth Circuit Court of Appeals Punts Proposition 8 Appeal To California Supreme Court
Ninth Circuit Court of Appeals Punts Proposition 8 Appeal To California Supreme Court Moments ago, the Ninth Circuit Court of Appeals punted the appeal of Judge Vaughn Walker’s historic ruling against Proposition 8 — a ballot proposition in California that prohibited same-sex couples from marrying in the state — to the California Supreme Court, noting that it could not rule on the constitutionality of the measure until the higher court confirmed the standing of the plaintiff...

Prop 8 Case: Appeals Court Asks CA Supreme Court For Help
A federal appeals court has asked the California Supreme Court to help answer a question about who has standing to fight same sex marriage in the courts. At issue is whether the anti-gay groups who put Proposition 8 on the ballot in California have the legal standing to appeal a decision that Prop 8 -- which outlaws same sex marriage in the state -- is Unconstitutional. Today, the Ninth Circuit Court of Appeals, which is hearing that appeal, asked the California High Court to decide whether t...

9th U.S. Circuit Court of Appeals Rules Public Park Cross Unconstitutional
SAN DIEGO (AP) — A war Memorial Cross in a San Diego public park is Unconstitutional because it conveys a message of government Endorsement of religion, a federal appeals court ruled Tuesday in a two decade old case. A three-judge panel of the 9th U.S. Circuit Court of Appeals issued the unanimous decision in the dispute over the 29-foot cross, which was dedicated in 1954 in honor of Korean War Veterans. The court said modifications could be made to make it constitutional, but it didn̵...

9th Circuit Rules War Memorial Cross Unconstitutional
A war Memorial Cross in a San Diego public park is Unconstitutional because it conveys a message of government Endorsement of religion, a federal appeals court ruled Tuesday in a two decade old case. A three-judge panel of the 9th U.S. Circuit Court of Appeals issued the unanimous decision in the dispute over the 29-foot cross, which was dedicated in 1954 in honor of Korean War Veterans....

Prop 8: Appeals court dumps Imperial County from case
The three-judge panel of the 9th U.S. Circuit Court of Appeals today denied the right of Imperial County, its board of supervisors and a deputy clerk to defend Proposition 8 in Federal Court. The judges also asked the California Supreme Court for advice on whether ballot proponents should be allowed to have standing to defend the same-sex marriage ban against a federal challenge. The 9th circuit judges are weighing an appeal of a Federal Judge's finding last August that Proposition 8, which ...

Appeals court turns to state on key Prop. 8 issue
(01-04) 12:27 PST San Francisco -- The federal appeals court reviewing California's ban on same-sex marriage asked the state Supreme Court today to answer a legal question that may determine the outcome of the case - whether a Ballot Measure's sponsors can defend it in court when state officials refuse to do so. However, the Ninth U.S. Circuit Court of Appeals in San Francisco also made it clear how it believes the question should be answered - saying California would be "ill-served" if the sp...

Key gay marriage case punted to California Supreme Court
The federal appeals court panel considering the constitutionality of California's voter-approved ban on same-sex marriage is punting the closely-watched case, at least for now, to the California Supreme Court. The three U.S. Court of Appeals for the Ninth Circuit judges on the case, Stephen Reinhardt, N. Randy Smith and Michael Hawkins, issued an order Tuesday referring a critical procedural "standing" question to the California state court. The Federal Judges are essentially asking th...

Key gay marriage case punted to California Supreme Court
The federal appeals court panel considering the constitutionality of California's voter-approved ban on same-sex marriage is punting the closely-watched case, at least for now, to the California Supreme Court. The three U.S. Court of Appeals for the Ninth Circuit judges on the case, Stephen Reinhardt, N. Randy Smith and Michael Hawkins, issued an order Tuesday referring a critical procedural "standing" question to the California state court. The Federal Judges are essentially asking ...

Young named Michigan Supreme Court's chief justice
A breakdown of the vote on the seven-member court was not immediately released. But Young, a nominee of the Republican Party, was widely expected to benefit from the GOP’s return to majority after the November election. Young was appointed to the state appeals court by former Gov. John Engler in 1995, and to the Supreme Court in 1999. Contact Dawson Bell: 517-372-8661 or [email protected]. ...