Ninth Circuit Court of Appeals Punts Proposition 8 Appeal To California Supreme Court

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...

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...

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 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...

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 ...

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...

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 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...

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...

Appeals Court Seeks Guidance in Gay Marriage Case
Tuesday, January 04, 2011 By Staff, Associated Press San Francisco (AP) - A federal appeals court says it can't 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 ban. In a brief order filed Tuesday, a three-judge panel of the 9th U.S. Circuit Court of Appeals asked the California Supreme Court to decide if the backers of ballot propositions can step in to defend voter-appro...

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...

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 ...

Prop 8 Case Sent to California Supreme Court
The Wall Street Journal reports: Well, a funny thing happened while the Proposition 8 case was on its way to the U.S. Supreme Court. On Tuesday, a three-judge panel of the Ninth Circuit kicked the case sideways, over to the California Supreme Court. The court, in this 18-page opinion, ruled that it needed clarification from California’s highest court on a point of law before it could go forward with its review of the case. Specifically, the Ninth Circuit wants California justices to clarify ...

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 ...

Prop 8 Case Sent To California Supreme Court
San Francisco — A federal appeals court says it can't 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 ban. In a brief order filed Tuesday, a three-judge panel of the 9th U.S. Circuit Court of Appeals asked the California Supreme Court to decide if the backers of ballot propositions can step in to defend voter-approved measures in court when state officials refuse to do...

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 ...

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...

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...

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...

9th Circuit punts gay marriage case
The U.S. Court of Appeals for the Ninth Circuit has passed a landmark Gay Marriage case back to the California Supreme Court on a technical question, reports Politico's Josh Gerstein: 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 Sm...

Gay-Marriage Brief Seeks Help in Prop. 8 Case
The three-judge panel of the 9th U.S. Circuit Court of Appeals released a series of legal documents Tuesday that could shape the future of the case for and against Gay Marriage. Most importantly, the judges asked the California Supreme Court for advice on whether the sponsors of Prop. 8 should be allowed to have standing to defend the same-sex marriage ban against a federal challenge. You may remember that former Gov. Arnold Schwarzenegger and former state Attorney General Jerry Brown both decli...

How Many Judges Does it Take to Make a Ruling on Gay Marriage?
Three appellate judges on the 9th Circuit are apparently not enough …….As promised during the hearing last month for Perry v. Schwarzenegger, the appellate panel wants to punt to the state Supreme Court for a very important ruling on whether the sponsors have standing to appeal. Then-Gov. Arnold Schwarzenegger and ex-Attorney General Jerry Brown refused to appeal a Federal Judge’s ruling in August that the measure unconstitutionally discriminated based on Sexual Orientation and...