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Ninth Circuit Panel Issues Stay of Judge Walker's Ruling


Posted: 8/16/10

The Ninth Circuit Panel made up of 3 judges put a stay on Judge Vaughn Walker's decision in the Prop. 8 case indefinitely while it considers its constitutionality.  

A panel made up of 3 judges other than the 3 that put a stay on the Walker decision scheduled the following:

  • Sept. 17, 2010            ADF Opening brief.
  • Oct. 18, 2010             Litigator's Answering briefing.
  • Oct. 25, 2010             Opposition amicus briefs due
  • Nov. 1, 2010              Written arguments filed by both sides is due.
  • Dec. 6, 2010              Oral arguments begin.

ref, ADF ref

This is about 2 months earlier than the 8/13/10 news item stated.  All of this is great news.  I really hope that this does reach the U.S. Supreme Court.  However, I do not want the U.S. Supreme Court to legalize same sex marriage over the entire country.  That would be bad to say the least.

In the brief filed by ADF there is mention of the Nebraska case and the Baker v. Nelson case, both of which addressed this very same situation where traditional marriage was overturned by a federal judge and reinstated by either the Circuit court or the U.S. Supreme Court.  They also give reason why their case should be heard despite Schwarzenegger and the California AG (Attorney General) refusing to intervene further despite it being the job of the governor and AG to uphold the law.

ADF goes on to defend their position and refute the plaintiffs.  Of note is the position that laws certainly may be made based on morality or religious views and this in no way taints the law.  ADF describes the basis and reason for prop. 8, which is to steer marriage into one man one woman relationships to encourage responsible procreation which studies have shown is beneficial to children and best when children have both a mother and a father in a loving relationship and to discourage out of wedlock births, which studies show is detrimental to children.  

They argue that Californians have the right to defend against the unknown dangers of allowing same sex marriage until further studies have been made on the subject and wait to see what some of the effects are in neighboring states and countries.

ADF states that gays and lesbians are in no way a suspect class and that the plaintiffs have admitted that for 13% of gays and 30% of lesbians sexual choice is available and thus not immutable with vast political power.  ADF claims that prop 8 in no way harms gays and lesbians.  ADF ref

Here is an interesting article discussing the stay, which I found enlightening in a good way.

Last Updated: 2/4/13

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