Counterculture Con HQ

August 16, 2010

Gay Marriage supporters May appeal, Opponents cannot

Filed under: cultural marxism, gay — Tags: — Jesusland @ 00:09

Like when the candidates are in a race that’s too close to call, and the votes continue to be counted as long as the Democrat’s behind, but the counting ends whenever he takes the lead.  It’s like that.

Judge doubts gay marriage ban’s backers can appeal

SAN FRANCISCO – The federal judge who overturned California’s same-sex marriage ban has more bad news for the measure’s sponsors: he not only is unwilling to keep gay couples from marrying beyond next Wednesday, he doubts the ban’s backers have the right to challenge his ruling.

Chief U.S. District Judge Vaughn R. Walker on Thursday rejected a request to delay his decision striking down Proposition 8 from taking effect until high courts can take up an appeal lodged by its supporters. One of the reasons, the judge said, is he’s not sure the proponents have the authority to appeal since they would not be affected by or responsible for implementing his ruling.

By contrast, same-sex couples are being denied their constitutional rights every day they are prohibited from marrying, Walker said.  The ban’s backers “point to harm resulting from a ‘cloud of uncertainty’ surrounding the validity of marriages performed after judgment is entered but before proponents’ appeal is resolved,” he said. “Proponents have not, however, argued that any of them seek to wed a same-sex spouse.”

California voters passed Proposition 8 as a state constitutional amendment in November 2008, five months after the California Supreme Court legalized same-sex unions and an estimated 18,000 same-sex couples already had married.


1 Comment »

  1. Basically, in order to have the legal standing to appeal, they have to show there was an error with the judge’s ruling.

    As the side opposed to lifting the ban on same-sex marriage, the YesOn8 side, could not present a single fact or even a consistent theory in support of their claim that same-sex couples could not be allowed to get married, the judge ruled against them. To win a case, you have to present a case.

    Now if they could now present a case, and show cause why they failed to present their case at trial, they might be able to appeal.

    But as it stands, all they’ve got is still that they really, really don’t want lesbians and gays to be able to get married. And in a free and democratic country, that’s just not enough.

    Comment by Jesurgislac — August 23, 2010 @ 11:36

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