Monday, August 16, 2010

Ninth Circuit Court of Appeals Grants Appellant's Motion for Stay of District Court's Order.

     Here is the text of the Ninth Circuit Court of Appeals' decision to grant the proponents of California Proposition 8's stay of the district court's decision to allow same sex marriages to take place in California starting this Wednesday.  There are no reasons stated for why the stay was allowed, which is infuriating considering that the proponents were unable to prove argument against same sex marriage during the trial.

Case Name: Kristin Perry, et al v. Arnold Schwarzenegger, et al
Case Number: 10-16696
Docket Text:
Filed order (EDWARD LEAVY, MICHAEL DALY HAWKINS and SIDNEY R. THOMAS) Appellants’ motion for a stay of the district court’s order of August 4, 2010 pending appeal is GRANTED. The court sua sponte orders that this appeal be expedited pursuant to Federal Rule of Appellate Procedure 2. The provisions of Ninth Circuit Rule 31-2.2(a) (pertaining to grants of time extensions) shall not apply to this appeal. This appeal shall be calendared during the week of December 6, 2010, at The James R. Browning Courthouse in San Francisco, California. The previously established briefing schedule is vacated. The opening brief is now due September 17, 2010. The answering brief is due October 18, 2010. The reply brief is due November 1, 2010. In addition to any issues appellants wish to raise on appeal, appellants are directed to include in their opening brief a discussion of why this appeal should not be dismissed for lack of Article III standing. See Arizonans For Official English v. Arizona, 520 U.S. 43, 66 (1997). IT IS SO ORDERED. [7441574] (JS)

Ninth Circuit Court of Appeals Agrees to Stay Same Sex Marriages in California

     Once again the Christian right has taken a big crap on the backs of gays and lesbians.  The proponents of Proposition 8 didn't produce one credible witness in Perry vs. Schwarzenegger (see the court's decision).  They didn't prove that same sex marriages will harm opposite sex marriages, children, or the state.  Nor did they prove that allowing same sex couples to marry immediately would cause the state harm, but nonetheless, the Ninth Circuit Court of Appeals granted the right wing Christian's plea to revoke same sex couples' right to marry as ruled by the California Supreme Court in 2008 and the Federal District Court two weeks ago.

     Weddings that were to start on this Wednesday are off.  SHE and I were going to get married, but now it's off.  Two weeks in a row, California same sex couples have been knocked over the head by the other's god-stick.  It is seriously time to consider moving out this backwards country to Canada or Mexico.

     Here's part of an email that I just received from the Los Angeles Gay and Lesbian Center:
    Today, the forward march toward marriage equality was halted when the 9th Circuit Court of Appeals stayed the ruling from Judge Vaughn Walker overturning Prop. 8.
     In light of Walker’s ruling, and with his temporary stay set to end on Wednesday at 5 p.m., the Center had made plans to offer free weddings with cake and champagne at a Wedding Day celebration on Thursday. Sadly, the appellate court ruling means that these plans won’t be moving forward. The appeals court won’t hear arguments in the case until December 6, which means wedding bells are unlikely to ring for same-sex couples in California this year.
     News of the stay is a terrible blow right on the heels of Walker’s historic ruling that Prop. 8 is unconstitutional. 
     Mercury News reports:
     The three-judge 9th Circuit panel did not elaborate on either Walker's ruling invalidating Proposition 8 or the issue of allowing gay marriages to proceed right away. But the judges asked the ballot measure's lawyers to offer arguments on why they have the legal right to appeal when the state's top two officials, Gov. Arnold Schwarzenegger and Attorney General Brown, refuse to defend the law and say it is unconstitutional.
     On Monday, backers of Proposition 8 made one final plea to the 9th Circuit to prevent same-sex couples from marrying in California until higher courts resolve their appeal of Walker's ruling. In court papers, Proposition 8 lawyers urged the 9th Circuit to reject Walker's findings, saying the voters in November 2008 had sound reasons to restrict marriage to heterosexual couples, such as to encourage procreation in society.
     If you read Judge Walker's decision and the various motions for and against a stay until appeals are heard, you will find that during the arguments of Perry vs. Schwarzenegger, the proponents of Prop 8 were unable to to prove their "procreation" arguments for marriage.  I wonder if the Ninth Circuit will invalidate the marriages of opposite sex couples who are unable to conceive children?

     This is a blow against justice and equality.  Once again, the Gospel According to Hate has prevailed over liberty and justice for all. 

Mexico's Supreme Court OKs Adoption by Gay Couples (and So Much More)

     Joe.My.God is reporting that Mexico's Supreme Court just ruled in favor of the right of same sex couples to adopt children.

     And we "Americans" think that the United States is the ultimate forerunner in advancing civil rights and equality in the world.

     Canada has had marriage equality since 2005.  Other countries in the Americas with marriage equality include Uruguay and Argentina.

     Despite the Catholic Church's homophobic, anti-scientific, medievalviolent, and hate-based views of gay rights, civil governments in heavily Catholic countries are leading the way in LGBT equality in the Americas. 

     Canada is 44% Catholic.  Mexico is 90%.  Uruguay and Argentina are 66% and 92%, respectively.  By contrast, the United States is merely 23%.

      This map (via Wikimedia) shows the worldwide laws by country concerning homosexuality, ranging from marriage equality for same sex couples to the death penalty for outed or accused gays.  Notice that the United States, "Land of the Free," is the same color as all those communist countries that the Religious Right loves to demonize.

Whirlwind Tour of Gay Rights around the World

     Here's a CNN report that gives a cross section of the state of gay rights in various countries around the globe. (Bump to Joe.My.God for the video.)