Prop 8 Supporters may lose their case against Judge Walker

Good news, of sorts... It looks like Judge Walker's ruling won't be overturned.

A federal appeals court on Thursday expressed reservations about putting a swift end to the legal challenge to California's Proposition 8 because the judge who struck down the state's gay marriage ban was in a long-term, same-sex relationship when he ruled last year.

During a hearing in San Francisco, a three-judge 9th U.S. Circuit Court of Appeals panel peppered Proposition 8's lawyer with questions suggesting they were troubled by the charge that former Chief U.S. District Judge Vaughn Walker was biased because he failed to publicly disclose his relationship. While the judges did likewise pose several tough questions to gay rights lawyers, they appeared reluctant to agree with the argument Walker's ruling should be set aside based on his lengthy relationship with a male physician.

In particular, the judges were skeptical that Walker had an obligation to disclose whether he had a desire to marry his partner before the January 2010 trial.

So, hopefully this silly mess from the haters will be dropped and kicked aside. 

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Judge Ware Rejects Motion to Vacate Judge Walker’s Ruling

Judge Ware denied the haters' claim that Judge Walker was biased on the Prop 8 case.

He said:

"It is not reasonable to presume that a judge is incapable of making an impartial decision about the constitutionality of a law, solely because, as a citizen, the judge could be affected by the proceedings," U.S. District Judge James Ware wrote in his ruling Tuesday.

Here's the ruling
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NCLR Executive Director Kate Kendell speaks on Yesterday's Prop 8 Case

Judge Ware: Judge Walker's sexuality is Non-Issue in the Prop. 8 case

Judge James Ware

The haters believed that Judge Walker's sexuality and relationship played a huge role in his decision over Prop 8. They forced this issue in for a hearing today, hoping to erase his ruling.

Well, that didn't work out so good for them today. The Judge overseeing his mess said that there was no evidence that Walker's sexuality tripped up the Prop 8 case.

A federal judge questioned Monday whether the judge who presided over the Proposition 8 trial had a duty to disclose his same-sex relationship if he did not intend to marry his long-term partner.


U.S. District Chief Judge James Ware said during a court hearing that there was no evidence that retired Judge Vaughn R. Walker ever wished to marry his partner, a physician.


Sponsors of Proposition 8, the 2008 ballot measure that resurrected a ban on same-sex marriage, argue that Walker’s ruling against the marriage ban should be wiped from the books because his long-term relationship created an interest in the outcome of the case.


Ware, who is African American, said the Proposition 8 case was the first to test the need for a judge’s recusal in a case in which the judge is gay. Ware noted that “the same kind of struggle” has affected female judges and jurists who are racial minorities.


“This is the first case where same-sex relationship is the subject for disqualifying a judge, so it is important that we treat it seriously and get it right,” Ware said.

The haters were stupid to do this. They are so desperate to stop gay marriage, it's getting ridic. Just let it go, we will win.

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Court set to hear Prop 8 Supporters concerns over Judge Walker's Ruling

This is ridic, but I guess everyone deserves their day in court. On June 13, a hearing has been scheduled to see if Judge Walker's ruling should be tossed out because the he's is gay and in a relationship.

Chief U.S. District Judge James Ware said Wednesday he was fast-tracking the motion involving his retired predecessor, former Chief Judge Vaughn Walker.

Lawyers for the sponsors of the voter-approved ban asked Ware to vacate Walker's August 2010 decision overturning the ban as a violation of gay Californians' civil rights.


Backers of Proposition 8 said Walker should have recused himself or disclosed his relationship status before trial to avoid the appearance of a conflict of interest.

The judge, who left the bench at the end of February, recently revealed that he has been in a relationship with the same man for 10 years, but said he never considered removing himself from the case.

Basically, the haters think Walker was being unfair. Interesting, considering that they are being bigots about all of this. That's unfair.

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Prop 8 Supporters want to Overturn Judge Walker's ruling because he got a Man

Haters are going to hate. The Prop 8 supporters are trying their best to keep the hateful law alive.

They want to strike down Judge Walker's ruling because he's gay and he's has a MAN!
Here's the scoop:

Lawyers for Protect Marriage, the coalition of religious and conservative groups that sponsored Proposition 8, however, have not previously raised his sexual orientation as a legal issue.

Protect Marriage general counsel Andy Pugno said that changed when the judge this month told a group of courthouse reporters about his 10-year relationship. The issue is not that Walker is gay, but that his relationship status made him too similar to the same-sex couples who sued for the right to marry, Pugno said.

"We deeply regret the necessity of this motion. But if the courts are to require others to follow the law, the courts themselves must do so as well," Pugno added.

Walker said at the time that he did not consider his sexual orientation to be any more a reason for recusal than another judge's race or gender normally would be.

They need to quit this show and stay out of Judge Walker's private business. I'm sure he was fair and true to the case. Their silly attempts to stop the inevitable is tired and desperate.

Let justice be, haters.

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Judge Walker will leave the bench next year

Bittersweet news, gang. Judge Vaughn Walker, the man who ruled that Prop 8 was unconstitutional, is leaving the bench in February.

In a press release from the United States District Court for the Northern District of California, Walker announced he plans step down as chief judge effective December 31 and that he notified President Barack Obama by letter today that he would leave the court in February.

District Judge James Ware will assume the post of chief judge of the Northern District on January 1. Upon leaving the federal bench, Walker plans to return to the private sector.

In his letter to the president, Walker wrote, "Concluding 21 years of judicial service, I leave the bench with the highest respect and regard for the federal judiciary, its judges and their staff and the essential role they fulfill in our constitutional system."

It will be sad to see him go, but at least he will leave on a high note.

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Prop 8 Supporters attack Judge Walker's... Judgement?

This fools just won't quit! Haters are now, going after Judge Walker!
These lawyers are begging the federal appeals court to overturn Judge Walker's decision, claiming he was "egregiously selective and one-sided."

Please read the brief:

Prop 8 backers target trial judge

Appeals Court Stay is NOT a Big Loss

The 9th Circuit Court granted the stay on Judge Walker's decision. And the gay world almost blew the frak up!

But y'all know me, I don't jump the fence that easily. I knew this could happen, most legal peeps said it would.

But should we be worried? Maybe not, here's an interesting point of view from Ari Ezra Waldman, legal expert.

The Ninth Circuit is fast-tracking the appeal in this case. The three-judge panel should hear arguments in San Francisco in the first week of December. That may sound more like the glacial pace of a snail hitching a ride on the back of a turtle, but in a system where regularly scheduled appeals can take more than a year to be calendared for oral argument, this schedule is Bugs Bunny fast.

The court’s order specifically asked both sides to address the issue of standing.

Standing is a fancy legal word for the right to appeal. And, in this case, there is a substantial question as to whether the Prop. 8 proponents have standing to appeal to the Ninth Circuit.

Normally, the only party that has the right to appeal is the party that was hurt by the lower court’s ruling – namely, when a party has to pay a sum of money or stop violating a law or, in this case, start issuing marriages licenses to same-sex couples.

But, the State of California issues marriage licenses, not a group of anti-gay marriage advocates and citizens. Since Gov. Arnold Schwarzenegger and Attorney General Jerry Brown opposed the stay and do not want to appeal Judge Vaughn Walker’s ruling, the parties left to appeal are those not affected by Judge Walker’s order.

The Ninth Circuit is clearly curious about this problem, as well. The judges are wondering how someone not covered or affected by an order have the right to appeal that order.

And

This appeal is just one in a series of steps necessary to win marriage equality rights. While it may be frustrating to wait to exercise our fundamental rights, we are not just in this fight for California.

If this case ended with Judge Walker’s order, we would have marriage equality in California, but it would be of limited precedential weight across the country. Having the imprimatur of an appellate court or, ultimately, the U.S. Supreme Court, will do more to advance the cause of marriage equality than one district court order.

This is a battle. Instead of wasting energy ranting and raving, let's prepare for the long haul. Freedom isn't Free.

NOM's responds to the 9th Circuit Court Ruling

Judge Walker gave the 9th Circuit Court of Appeals just 6 days to decide whether or not to overrule his order requiring the immediate issuing of marriage licenses to gay couples. Today the 9th Circuit, one of the most liberal in the country, stepped in to overturn that order, issuing a stay on implementing Judge Walker's ruling while it is appealed. Another smackdown of Judge Walker by an Appeals Court.

The knotty question of "standing" remains in play, however, since Governor Schwarzenegger and Attorney General Jerry Brown have both failed in their duty to defend the voters who passed Prop 8--and Judge Walker kept Imperial County (which opposes same-sex marriage) from intervening in the case (while allowing San Francisco to become a party).
Here's the question for today: If anti-Prop 8 lawyer Ted Olson is so convinced that after his vaunted trial the voters of California have no case--why is he now trying to prevent higher courts from reviewing his handiwork?

The judicial bias has been extraordinary, as once again powerful elites attempt to frustrate the manifest will of the people of California. This fight will continue!

Don't get too excited, slags!

Court says: No gay marriages in California before December

Hot news on the Prop 8 case.

Now, gay marriages are on hold until December

L.A. Times reports

The U.S. 9th Circuit Court of Appeals on Monday agreed to keep same-sex marriages on hold until at least December.

In a brief order, a three-judge panel agreed to an expedited review of U.S. District Judge Vaughn R. Walker's Aug. 4 ruling that overturned Proposition 8 as a violation of the federal Constitution.

The panel agreed to hold a hearing on the case during the week of Dec. 6 and ordered both sides to present arguments on whether the campaign for Proposition 8 has legal authority to appeal Walker's order.

Okay, not cute; but at least the Prop 8 was overturned.

WATCH Yesterday's Prop 8 Stay Decision Excitement in San Fran

Interesting Quote: Brian Brown

"When a lower judge makes an unprecedented ruling, that totally overturns existing Supreme Court precedent, the normal thing for that judge to do is to stay his decision, and let the higher courts decide in an orderly fashion that respects the rule of law, if he's right, or if he's way off-base. Judge Walker's ruling is more evidence he is not a neutral referee, he's an activist on this issue. He doesn’t even want his ruling ignoring Supreme Court precedent and imposing gay marriage against the expressed wishes of the electorate appealed to the Ninth Circuit. Walker feels that that only the state politicians who were against Prop 8 have standing to appeal and the over 7 million California voters who supported Prop 8 shouldn’t be able to even present their position to a higher court. It’s outrageous. The People are supposed to be sovereign, not the politicians. This stay order will be appealed to the Ninth Circuit and if necessary to Justice Anthony Kennedy, and I think it is a tactical mistake on Judge Walker's part to display his injudicious zeal--once again--before Kennedy's eyes."

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Here's the Prop 8 Ruling

Final Stay Order

via JMG

Judge Walker has denied a stay in the Prop 8 decision!!!!

Judge Walker has denied a stay in the Prop 8 decision!!!!

Folks can get MARRIED!!

Prop 8 Stay Decision LIVESTREAM

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Will Prop 8 stay or go? Judge Walker will deliver his decision TODAY!

Today Judge Walker will decide if his Prop 8 decision stay or hits the door.

The Advocate reports:

U.S. district judge Vaughn R. Walker will issue a Thursday morning ruling on whether to stay a decision in the Proposition 8 federal case pending appeal, according to a late Wednesday e-mail from the court. The ruling will be issued between 9 a.m. and noon Pacific time.

If Walker rules against the stay, the state of California will presumably allow same-sex couples to wed once again. Such unions have been illegal since voters in the state passed Prop. 8 in November 2008.

Let's hope for the best!

WATCH Maggie Gallagher talk about Judge Walker

Rep. Michele Bachmann Disapproves Judge Walker's Decision

This is a mess.


via JMG

Interesting Quote: Tony Perkins

"I think what you have is one judge who thinks he knows -- and a district level judge and an openly homosexual judge at that -- who says he knows better than not only 7 million voters in the state of California but voters in 30 states across the nation that have passed marriage amendments. This is far from over."

Tony talking about Judge Walker's sexuality.


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