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

[Jeff]

The Pro-prop 8 team offered few witnesses and did not even bother to offer evidence on some points, saying it was self-evident. It was lazy and arrogant.

Their work was so threadbare that at times I wondered if they were actually working for the other side.

[franklymydear]

Something this controversial should be decided by a panel of judges, not a single judge who may or may not have a personal bias.

[YourPlanetIsAToilet]

Unbelievable! How easy to see, by the content of the comment so far, THOSE WHO HAVEN'T EVEN BOTHERED TO ACTUALLY READ [ANY OF] THE LEGAL BRIEFS IN ORDER TO COMPREHEND WHAT TOOK PLACE IN 'GAY-BOY' WALKERS COURTROOM!
Did Walker "in fact ignore "virtually everything..."? If this topic means so much to those of you arguing...THEN READ AND COMPREHEND THE ENTIRE APPEAL POSTED ABOVE.
Do judges often screw up and spin issues out of control? I guarantee they do!
Example in point: recently I assisted an elderly friend who got herself manipulated into a conservatorship. I stopped that probate judge dead in his tracks. I stopped the parasites (conservator, her lawyers, and my friends court appointed lawyer) in their tracks. NOTHING went forward and NOBODY tapped any more of her estates funds.
How did I accomplish this as a 'pro se'? Simple, I read the file COMPLETELY, found numerous, eggregarious errors on the part of the judge, psychologists and the parasites. Five straight hearings, parasites begging for money and that judge refused to move AT ALL. Why, because I had enough on him for at least a censure, possibly being removed.
Point? They make grevious mistakes, with great regularity!
(As a comedic side note for all you atheists reading this comment; This judge was such a cruel dirtbag to the elders he was SUPPOSED to be protecting, I prayed to God on a Wednesday night; "God, if you agree with me that this judge is a scumbag, will you kill him?" ... THIS JUDGE WAS PRONOUNCED DEAD THAT FRIDAY! :-)) Let NO ONE defy the Will of God!

[jonjohn]

If straight people have never let gay people marry in the past, why should they now?

[ASTROLAD]

Would someone PLEASE explain to the proponents of Prop 8 the difference between a democracy and a theocracy? If the idea of living in a state or country in which all law-abiding citizens share equal rights is really so repugnant, perhaps they should re-locate to Iran. Or join the Taliban!

[naomi]

What part of "unconstitutional" do people not understand?

[naomi]

What part of "unconstitutional" do people not understand?

[richard schumacher]

We live in a constitutional democracy. The faddish fleeting whims of a majority, or a plurality, are not allowed to forever run roughshod over the rights of a minority.

The benefits of marriage will soon be available to all who want them. Deal with it.

[Dr Robin Guthrie]

Given that your country is 4.6 trillion in debt to China, is that all you sad people can bother about.

[teeda]

I'm at work and I just read the entire appeal - top to, er, bottom. Anyway, it proved to me something that I kind of suspected when I read the ruling. Judge Walker, inadvertently I'm sure, did more to safeguard the status quo re traditional marriage than many pro same-sex supporters will like to admit as this issue evolves. His arguments were thin and sparse and laboured under an embarrasing bias (7 million Californian voters were declared homophobic by his ruling) but, most importantly, his ruling laid clear path of entry for the opposition. Sorry for the imagery :)

[william covarrubias]

I think that if straight people want to ban gays from getting married then gay people should insist that straight people stay married and raise thier own kids

[joseph]

just let them be gay?
who are you to play judge? you have no jugde bagde so you can say who can and can't marry besides this is the 21st century your not back when dynosaurs existed! in my opinion these are all people who are to much into there own religion like a wise man said a good judge starts at his own house,
but thats another issue!

[Zen Mr. and Mrs.]

Another "M" word comes to mind. Make-believe. No matter how many gay activist judges decide this issue in favor of same-sexers, it won't change life as it really is.

For who knows why, the sexual focus of a sliver of the human population falls on its own sex rather than nature's intended and procreative opposite sex - by selection, either personal or natural.

While no one should persecute people for this preference/predilection and perhaps committed relationships of this kind deserve some legal status it does not mean we should pretend these relationships are as important to humanity as the fundamental relationship of all human existence - the union of woman and man - and therefore reorganize society so that this sliver feels better about themselves.

Humans and the law they create differentiates between all kinds of relationships: parent-child, siblings, cousins, grandparents-grandchildren, husband-wife, teacher-student, doctor-patient, etc. each with its own duties, rights and yes even restrictions.

Marriage between man and woman has held and deserves special status. All the make-believe in the world can't/won't change that.

In the end, this will probably end up before the SupCt and same-sexers will lose or don't be surprised if a const amendment is even passed. After all, this is California not Mississippi and voters have now TWICE said they don't want to recognize gay "marriage".

Maybe the reality of life is that things won't get "better" as same-sexers hope but it very well may get worse. They may soon wish they had opted for civil partnerships long ago (as Britain did) to solve the issue.

Now can we get on to the important issues facing our state, country and the world?

[JG Hunter]

I'm not a US citizen and I am not versed in the US constitution... but in this case logic prevails and I don't need to be. If the proposition is in direct conflict with the constitution... then why let it go to vote at all?

Methinks the pro-same sex marriage voters are merely trying to bait the anti-same sex marriage voters into the open as bigots. Merely to bring conflict between two views of morality. I am a Christian and although my views of homosexuality fall in line with the Bible, I'm not jumping on the gay hating bandwagon. If a gay or lesbian chose to follow Christ they should give up their pride, read the Bible and follow the conviction from it. There is a difference between repenting and accidently sinning, and just feeling that it doesn't matter. Christianity is fairly clear on homosexuality... However, if they have absolutely no interest in Christianity, what gain is there in banning gay marriage? After all, the church wouldn't believe that God would bless a gay marriage so it means nothing to them anyway, surely? More money in the coffers...

[Mike B]

Support Traditional Marriage:
a contract between one man and another man for the use and possession of his daughters

[Monica]

All I have to say is this"Sodom and Gomorrah".

[Mike Kilpatrick]

Emergency? Oh my god was someone's poor child in front of the TV when this news was announced and now they're scarred for life? what ever shall we do?

[Jeremiah]

Say what you will, the majority of the citizens voted Prop 8 in as law. Those citizens have rights as well. The judge had a responsibility to uphold those rights and failed. What good is a democracy if every law that some minority group dislikes can be overturned? Our judges and our government have increasingly failed in their job to uphold the law as it is voted into being. It is time to remove them and place into their positions those that will uphold the laws and will of the majority.

[hf2hvit]

GOING TO CHURCH NO MORE MAKES YOU A CHRISTIAN THAN STANDING IN A GARGAE MAKES YOU A CAR!!!

[FK]

Yeah yeah, God's Law. Right. You people pick and choose what God's law you like. Must I list the things that God disallows, that are in fact legal in America?

[Ironman Carmichael]

"Emergency" appeal, yet! Talk about redefining words!

[Carlos M.]

Seriously, Prop. 8, GET OVER IT! A judge saw through your hate and put you in your place. No one's forcing you to like it.

If there was an award for the worst time and money spent, it would go to those who are for Prop. 8.

[Bernie Batungbakal]

This Judge, the LA Mayor and the Governor lack deeper understanding of the issues involved. It will open the pandoras box for perversions and promiscuity. Here are some of the UNINTENDED consequences that may happen sooner or later:

- The queers tribe will multiply exponentially and its new recruits will be the teens and the children. Why? because there is no more social pariah that will stick to pervert acts and behaviour.

- More divorce is forthcoming due to the "awakening" of the married gays/lesbian because of the opportunity opened to them to marry their new found "true love". Nore more lover in the closet.

- Incestuous people will be encourage to fight for their right to marry their adult brother, sisters, fathers, mothers and cousins using the arguments of the plaintiff in the case at issue. Laws against incest can also be overturned by the same arguments.

- Sacredness of Propositions in California will be lost thereby trumping the very essence of the principles of democracy where majority rules in a fair vote because of giving in to the wishes of a noisy and blackmailing queer groups.

- They are disregarding the natural and cultural set up of marriage and creation of family in favor of bully few who were never content with Civil Union and Domestic Partner's law accorded them (which were mistakes in the first place, hence this problem).

-

[Donald Mac Devitt]

WHY DON'T YOU REPORT THIS TO THE PEOPLE???
TO THE CHIEF U.S. DISTRICT COURT JUDGE V.R. WALKER ,
THE 9th CIRCUIT COURT OF APPEALS,THE GOVERNOR AND THE ATTORNEY GENERAL OF CALIFORNIA.

I AM JUST A MAN WHO KNOWS THE DIFFERENCE BETWEEN GOOD AND EVIL, RIGHT AND WRONG.

(ARE VOTES WORTH YOUR SOUL??) I WONDER???

LEVITICUS Chapter:18 ,Verse 22 Man Shalt Not Lie with Mankind,as with Womankind: it is Abomination.(SIN)

1CORINTHIANS - Chapter:6 Verse:9 Know ye not that the unrighteous shall not inherit the kingdom of God? Be not deceived: neither fornicators, nor idolaters, nor adulterers, nor *effeminate, Nor Abusers of Themselves
With Mankind, (HOMOSEXUAL ‘S, AND PERVERTS)

PLEASE LET GOVERNOR SCHWARZENEGGER AND ATTORNEY GENERAL JERRY BROWN READ THIS MESSAGE AND MAY BE THEY MIGHT UNDERSTAND? I DO NOT WANT TO GO TO HELL BUT YOU GUYS SURELY MUST?

A LOT OF PEOPLE INCLUDING POLITICIANS SEEM TO HAVE FORGOTTEN WHAT IS BELOW. IF YOU DO NOT BELIEVE ME
THE LOOK IT UP FOR YOUR Self’s

FIRST, YOU DESTROY COUNTRIES MORALS. THEN IT IS RIPE TO BE DESTROYED FROM WITHOUT.

IF YOU REMEMBER THE GREEK AND ROMAN EMPIRES AND HOW THEY DIED.

MORAL DECAY AND CORRUPTION.

OLD TESTAMENT –(King James Version)
LEVITICUS Chapter:18 ,Verse 22 Thou shalt not lie with mankind, as with womankind: it is abomination. (SIN)

Verse: 29 For whosoever shall commit any of these abominations, even the souls that commit them shall be cut off from among their people.

Verse: 30 Therefore shall ye keep mine ordinance, that ye commit not any one of these abominable customs, which were committed before you, and that ye defile not yourselves therein: I am the Lord your God.

NEW TESTAMENT (King James Version)
1CORINTHIANS - Chapter:6 Verse:9 Know ye not that the unrighteous shall not inherit the kingdom of God? Be not deceived: neither fornicators, nor idolaters, nor adulterers, nor *effeminate, nor abusers of themselves with mankind,

Verse: 10 Nor thieves, nor covetous, nor drunkards, nor revilers, nor extortionists, shall inherit the kingdom of God.

NOTE: * •ef•fem•i•nate Having qualities or characteristics more often associated with women than men.

DONALD AN IRISHMAN,
A PATRIOT AND PROUD OF IT.

[Kevin]

I'm just so happy I can get married soon!!