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Ninth Circuit hears oral arguments in Prop.8 trial


Posted: 12/10/11

The Ninth Circuit heard oral arguments this past Thursday (12/8/11) on an appeal to Chief Judge James Ware's decision not to void Northern District Judge Vaughn Walker's (retired) decision to void California's constitutional amendment (Prop.8) that defines marriage as between one man and one woman due to the fact that he (Vaughn Walker) did not recuse himself from the trial due to his being in a same sex relationship and hid it from the court until after he ruled on the case.  This is not an effort to have the case thrown out because he is homosexual as has been suggested ref, but because he kept his same sex relationship a secret from the court/public lending doubt as to his impartiality in the ruling of this case.

Also heard that day were oral arguments on an appeal of Chief Judge James Ware's decision to allow Vaughn Walker's release of the prop.8 trial even after the U.S. Supreme Court told him not to.

A decision on these matters as well as the constitutionality of Prop.8 and whether the defendants of Prop.8 have the legal standing to defend the case when the principal defendants, California Governor and California Attorney General, refuse to do so is expected within 90 days of December 8, 2011.  A ruling could occur sooner or later than 90 days, but in these cases it is very often within 90 days.

ref1, ref2 audio (see 4:35 – 5:45). ref3 (audio of the oral arguments before the ninth circuit)

After these 4 prop.8 cases (standing, videotapes, constitutionality, and recusal [In a recent order constitutionality and recusal cases were combined ref]) have finished I hope to write a closing commentary on this long legal battle detailing some of the important lessons learned.

Last Updated: 12/22/11

TAGS: 9th circuit, audio, california, marriage, prop.8
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