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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)

Charles Cooper, who submitted the Emergency Motion, seems like an incompetent lawyer.

Once again the Prop 8 proponents are spinning smoke, mirrors and deception. It's highly unlikely the 9th Circuit Appeals Court will be hoodwinked and grant Cooper's request.

The moment anyone says the phrase "common sense" in the court of law is the moment you realize how inept and unfit they are to argue legal matters.

Man, people need to stop chuggin' that Haterade and support marriage equality. What part of "equal protection of the laws" don't these people undertsand?

If something doesn't harm others it should be legal.
Gay marriage doesn't harm others.
Therefore, gay marriage should be legal.

Prop 8 is the moral equivalent of Custer's Last Stand: but who's Custer in this case and who are the Indians, and who wins in the end?

I like to think the Indians are California natives, fighting to protect their freedom from an out of control regiment of non-native infantry, and for a moment, the Indians win (Prop 8, maybe U.S. Supreme Court), but eventually, the wave of infantry moving in eventually override the natives.

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

So since Al Gore won the popular vote in 2000 by 500,000 votes, he should have been president. Right?

Now if we can just get rid of that pesky Constitution, we can vote on all sorts of thing and get this country the way I know it should really be.

@LATimes Reader

I would think you would be smarter! The minority is protected by the tyranny of the Majority, this is not mob rule! Why do you think they overturned Love vs. Virginia?

One reason this proposition had to go to trial was due to an illiterate electorate. For example, time and time again I read about democracy. We are a REPUBLIC not a democracy.

In a court of law, the judge will weight facts offered at the trial. If the lawyers supporting prop. 8 didn't enter evidence, it can't be considered. Again, I read responses from citizens who know nothing of how our system works.

Due to this, California seriously needs to revamp a broken initiative process as anyone who walks into a supermarket will sign anything so they can get to the frozen food section.

I'll like to think all the supports of prop 8 for making this happen. If it wasn't for the change in the state constitution we would not be in Federal Court. Funny how the proponents of 8 thinks that Walker lacks common sense because he ruled in favor of the US Constitution and not a right wing christian nut initiative to deprive a class of citizens their right to marriage. Shame on those so call christians.

I am not quite sure why we spent millions of dollars on two votes to define "marriage" when it is already defined by California Law in Section 300 of the California Family Code.

Talk about waaa! waaa! waa! Glen_Ri! How many time have the will of the prople spoken on this mater? waaa! waaa! waaa! Call it a UNION and move-on. It's not Adam and Steve, it's Adam and Eve!

sorry folks. taking quotes out of context from a book that says that women wearing pants should be stoned to death isn't really faith. True faith is believing everything not just the points you WANT to believe.

Too bad the Protect Marriage people don't spend money on things that would please god for example the homeless.

Im glad Prop 8 supporters are doing this...the last thing I want to see in society is a bunch of fudge packers and butch d ykes skipping down the street, their wrists flailing about, in matrimony garb!

I am a Pentecostal American. I love my Lord and will follow His laws. If you choose not to, that's not my fault, but I'm not going to shove my beliefs down your throat and hurt your feelings. People should not use religion to hurt anybody. God gave us a will of our own to use how we want. We can praise Him or not. It's our choice.

LATimes Reader: This is not a democracy.

Isn't the state the party with standing to raise an appeal, not a bunch of religion-based bigots? And "law and tradition" are the bases for the puny appeal brief? Judge Walker already read your beads six ways from Sunday over the ridiculousness of every pro-Prop 8 argument--that's the law in action. If you think Prop 8 should stand on tradition and are descended from Celtic indentured servants and Native Americans like me, you might as well pack your bags for the internment camp.

Ah, the sanctity of marriage.

Get married, get a divorce. Get married, get a divorce. Get married, get a divorce. Get married, get a divorce. You can even win your spouse on a game show, and THAT'S SACRED!

Prop 8 supporters are arrogant. Same Sex marriage is a wonderful and beautiful thing. The individuals who find themselves supporting Prop 8 obviously have no understanding of equality and perhaps have nothing else better to do then try and bring other people down. Who the heck are you to say that others dont have the right to marry the ones they love. divorce happens even within male/female marriages...so trying to make that a point is an ignorant statement. I have heard many argue that it will effect the children - UMMM....there are MANY things that take place that would be a concern to the children of our future such as gang violence, drugs and closeminded parents that cant teach the value in equal treatment to their children. Are we still stuck in the 1700's? Its time to recognize the wonderful changes and accept that this is an epic step for human kind!

"'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."

That implies that those things were all presented in evidence, which they were not...even common sense. If you read the ruling, Judge Walker gives specific reasons for why he found certain witnesses and evidence to be not credible.

These lawyers are playing to the press and the public. The courts base their ruling on law and evidence, not sound bites.

"The party against Big Government" wants the government to tell us who we can marry, who is a born citizen, who you have sex with, what religion you can believe in, etc. In other words, the want their 'small government' to rule over every part of everyone's life.

Except for big corporations, that is.


I'm astonished by the number of people who don't understand that the majority does not get to have the final word on Constitutional issues. We have a judicial branch of government for a reason. Go back to high school and take a civics class.

Majority voted and won, then the minority cried and got lucky and a Gay judge overturned it. Now that their side has won, they think we should just accept it. Why after Prop. 8 passed, did the gay community just accept it. I guess the Prop. 8 side will just have to fight back as the other side did. If the Supreme Court decides it can stay, the Gays will boycott, kick and scream and march, even though courts have decided. People like that are just never happy unless they get their way every time. Gay are less tolerant of others views than we are of theirs, by far, but they would never admit that.

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

Dude, do you have *any* knowledge of how the United States works? Here's a hint: there's a little piece of paper called the Constitution that determines what's legal no matter how many people vote for something. And the last time I read the Constitution, it didn't say "majority rules good or bad!"

People can vote for anything they want, but if it's ruled unconstitutional it doesn't mean squat.

To people who think majority always rules you should study your history (particularly the Jim Crow laws of the south). If the courts didn't overturn the Jim Crow laws then people who aren't white would still be allowed to be discriminated against in the south (i.e. if you're black you have to go to the back of the bus, etc.). The majority of white voters approved laws that were racist and the courts had to step in. Same case here. Just because a majority of Californians are homophobic doesn't mean they can use the law to take away basic freedoms of American citizens.

I'm amused by the many references to something being "shoved down our throats" from the anti-gay crowd on here. Makes you wonder.

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