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Prop. 8 proponents file emergency appeal to block gay marriage

In an emergency appeal, backers of Proposition 8 told a federal appeals court that last week's ruling permitting same-sex marriage in California was riddled with both factual and legal errors and should be blocked.

Attorneys for ProtectMarriage.com, the campaign that sponsored the 2008 anti-gay marriage measure, said in a 73-page appeal that Chief U.S. District Court Judge Vaughn R. Walker ignored the law and tradition by concluding that gays should be entitled to marry.

"The district court simply ignored virtually everything -- judicial authority, the works of eminent scholars past and present in all relevant academic fields, extensive documentary and historical evidence, and even common sense -- opposed to its conclusions," the ProtectMarriage lawyers wrote.

A three-judge panel of the U.S. 9th Circuit Court of Appeals will decide whether to block Proposition 8 pending other appeals. Walker extended a temporary hold on his ruling until Wednesday. If the 9th Circuit or the U.S. Supreme Court does not place a hold on his ruling by them, same-sex marriages may be permitted in California.

-- Maura Dolan in San Francisco

 
Comments () | Archives (105)

If Judge Walker did in fact ignore "virtually everything -- judicial authority, the works of eminent scholars past and present in all relevant academic fields, extensive documentary and historical evidence, and even common sense..." as Prop 8 proponents suggest, it's because there's nothing to ignore. Supporters of Prop 8 brought absolutely no evidence to court to support their position - now they're simply playing word games and have absolutely no argument.

Truly, how can you ignore something that doesn't exist?

LEGALESE: "The district court simply ignored virtually everything ... opposed to its conclusions."

TRANSLATION: "Waaaa! Waaaa! I wanna keep the gays down but the judge says I can't! Waaaa!"

Desperation.

"The district court simply ignored virtually everything -- [religious bigotry] -- opposed to its conclusions," the ProtectMarriage lawyers wrote.

"The district court simply ignored virtually everything -- judicial authority, the works of eminent scholars past and present in all relevant academic fields, extensive documentary and historical evidence, and even common sense -- opposed to its conclusions," the ProtectMarriage lawyers wrote.
_________________________

Aren't these the very same lawyers who couldn't support any of their claims during trial?

Why is the gays and lesbians don't understand is this: in a democracy, the majority rules good or bad! Of course if we want a few dictates the majority like the dictators and kings in the past, then, I guess the gs and ls going to tell all of us how to live our lives! We already passed the prop 8 and made it clear that we don't the same sex marriage in CA.

Judge Walker may be a judge, but he is acting like he is God. Shameful!!!

And for some reason, there are still Californians who don't know why their state is so broke.

While I did vote for Prop 8, I must admit that the judge's ruling seems sound on the technical merits. The defendants in the case, the state, did not defend against the lawsuit, so the private lawyers who are pressing the case really have no standing. I can't see any reason for the 9th to even consider the case, nor should they. This should have ended with summary judgement for the Plaintiffs, as all other similar cases would be.

A popular phrase "Stop shoving your sexuality in my face" when silly gays ask to be equal as humans and citizens..

"Stop shoving your religion in my face"

I don't stone your disobedient children, look down on you for wearing cotton / poly, or scowl at you when you cut your hair, although these are your own rules of God that _you__choose__not__to__follow_.

If you can't follow your own Gods rules, don't tell me that I have to follow your Gods rules. Its not even my God..

Right. He "ignored" the "evidence" they didn't present during two weeks of trial. Now we're going to find out whether a dot-com group has legal standing to deny a class of individuals their rights.

This sounds like the past when people declared they had States' Rights and the word of the Bible to keep slaves. Does anything ever change? New scapegoats.

I'm curious as to what irreparable harm is going to occur to these folks if other people they do not know are allowed to marry?

"Why is the gays and lesbians don't understand is this: in a democracy, the majority rules good or bad!"

Actually, our constitution protects all of us against tyranny by the majority.

BLM,Why? But He's not using God's laws to weigh in decision. You and other H8trs are all like can't tell the difference to between God's laws and Man's laws.

"Why is the gays and lesbians don't understand is this: in a democracy, the majority rules good or bad! Of course if we want a few dictates the majority like the dictators and kings in the past, then, I guess the gs and ls going to tell all of us how to live our lives! We already passed the prop 8 and made it clear that we don't the same sex marriage in CA.

Posted by: LATimes Reader | August 13, 2010 at 12:19 PM

So with this narrow minded thinking we could also bring back slavery and oppress women! "so I guess the gs and ls going to tell us how to live our lives" Are you kidding me? You people who hide beyond your false religion. ....who is trying to legislate values ? Honey.. my God is a God that does not judge or try to CONTROL others. Gays getting married does not affect the quality of your life. Grow up and try to enlighten and enrich your own life... that way maybe you might grow spiritually rather than be held hostage by your religion and drown in fear.

to LATimes Reader...unfortunately..we live in a world where people discriminate, and the courts are here to protect our rights, as well as yours.....I'm not looking for, nor do I need your approval for my marriage..so get your nose out of my business. If you want to do something useful, and you all say you want to protect the "children", then start by helping kids who are abused and abandoned by their traditional family....that should keep you busy till your 6 feet under...

tony,Exactly Prop 8 folks made their bed, they need to lie in.

@LATimes Reader

"in a democracy, the majority rules good or bad!"

Have you heard of checks and balances? We have the right to vote but the court has the right to declare a law unconstitutional such as in this case where the majority is trying to take away the rights of a minority.

"The assertion that 'all men are created equal' was of no practical use in effecting our separation from Great Britain and it was placed in the Declaration not for that, but for future use."

-Abraham Lincoln

The "the works of eminent scholars" consisted primarily of the discredited "gays-can-be-changed" writings of Dr. George Rekkers, who was exposed as a hypocritical fraud right in the middle of the trial, as he returned from 10 days in Spain with his hired Rentboy companion. If ever there was a metaphor for the hollowness of the anti-gay activists, that was it. They had nothing.

Here's how dumb these lawyers are... Walker said they had no legal standing to appeal since it was a case of a gay couple vs. the State. So, Ahnold and Jerry won't sue. Hmmm. How about getting Kern County to join the suit? Duh! There are plenty of counties that would fight for Prop 8 at the drop of a hat who DO have legal standings since, after all, the State does not issue marriage licenses, counties do. Dumb as bricks.

"Why is the gays and lesbians don't understand is this: in a democracy, the majority rules good or bad! "

And if we lived in a democracy, that might be relevant to the issue. What is it about "constitional republic," "checks and balances," "equal protection under the law," and "civil marriage" that those opposed to marriage equality don't get?

A lot of the commentors here whining about the "will of the people" do not understand the fundamental concepts of our Constitution.

One group of people, even if they are in the majority, can make no law specifically limiting the rights of another group of people. PERIOD. There is no argument beyond this.

These are the checks and balances that our founders put in place for a reason. Deal with it, and stop spending your money and precious few brainwaves prying into the lives of others.

"the majority rules" statement just shook me to my roots. Is "majority rules" what is going on in Washington after the Republicans got smashed in 2008? Courts are there to make decisions on Constitutional issues, not on how the electorate may vote. You know---the Constitution?

 
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