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

[ibpoboy]

If this was a democracy the vote of the people in California would have already settled this problem. The problem is that the gs and ls wouldn't accept the vote and now a judge for who knows what reason gave into them. Is he voted in?

[Chris Greenwell]

I'm straight and the thought of marrying a man just doesn't work in my head. That being said, my ability to marry a woman is in NO WAY harmed by granting a gay couple the same rights. For the life of me, I can not find a reasonable argument against gay marriage... mostly because it's really none of my business what a gay couple may or may not do in their personal lives. Who really cares? How is gay marriage going to harm me? The reality is that gay marriage does not harm me one bit. Thus, any appeal to to Judge Walker's recent decision is a waist of time. Let's move on. I'm just keeping it straight... with NO H8!

[Robert Hagedorn]

No matter how we feel about Prop 8, the exegesis for the 2nd and 3rd chapters of Genesis makes us uncomfortable. Why? Because the sin Adam and STEve committed, according to the story, was sodomy--the mystery Saint Augustine almost solved 1600 years ago. (He thought the sin was penile/vaginal sex.) For more information google The First Scandal Adam and Eve. Then click, read, and click again.

[Helmut]

An "emergency?" Taking away the rights of consenting adults to marry is an "emergency?" Funny, I thought your house being on fire or having a heart attack was an emergency. I didn't realize making a certain type of person a second-class citizen was now also counted as an emergency. Is this something you can call 911 for?

[Greg]

Activist Judge = You didn't get your way.

There was a time in Mississippi where not only could inter-racial marriage not take place, but there was a 'Jim Crow' law were you couldn't even protest or work for equality w/o out being subject fined up to $5000 (and that was in the 60's) and 5 years imprisonment.

"Any person...who shall be guilty of printing, publishing or circulating printed, typewritten or written matter urging or presenting for public acceptance or general information, arguments or suggestions in favor of social equality or of intermarriage between whites and Negroes, shall be guilty of a misdemeanor and subject to fine not exceeding five thousand (5,000.00) dollars or imprisonment not exceeding six (6) months or both."

Voters have never sided to protect minorities. I.E. "The Right for Women to vote" It has almost always taken an act of the courts or congress to protect civil rights. Examples like above is why when it comes to civil rights, no the majority does not rule.