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STAY Could Be Good News Fast Track For Prop 8 Appeals

Melanie Nathan: August 16, 2010.

But we want marriage now – in terms of our current constitutional right.

Ninth Circuit has granted the stay yes we are angry BUT the good new it expedites the appeal and the entire process…

“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)“

The Ninth Circuit has asked for opening briefs by September 17th and that parties must discuss why the appeal should not be dismissed due to lack of standing.  Also, the schedule for the briefs are similar to what Plaintiff attorneys Ted Olson and David Boies requested.  And oral arguments should begin by the end of this year.

So it’s not what we wanted, at this time, and yes we were headed for the aisle on Wednesday; but at least we will be closer to getting the journey’s conclusion.  I for one  believe in the unconstitutionality of the Prop 8 Vote, just as as Judge Walker ruled in his Judgment which overturned the the 2 % of Californians who were swayed by Gay Hate dollars – (and Only at that moment in TIME-) that Gays and lesbians should be denied their rights.

The stunning legal team  for the equal right to marry include the  brilliant lawyers of the City & County of San Francisco.  We have a fact-based district trial court decision that overwhelmingly explains why Proposition 8 is unconstitutional.  And we know that are winning.  Actually may I opine – we have won – they just have us on hold; pending appeal.  (URGH – it really should be the other way around. Are they afraid of another 18,000 of us? What harm have we done.  Probably lower divorce rate than our heterosexual counterparts.)

The  good news in California is we are now on the Fast track; NCLR’s Shannon Minter: The delay is very hard on couples, but the case now positioned about as strongly as it possibly could be for our side.”

What the hell can they come up with to change this – because if the do it would open the door to a State proposition vote where I bet a lot more than 2% of Californians would love to Vote against the right to bear arms – I mean after all – look at all those automatic weapons out there – they are killing our kids – what could be more harmful than that?

“I am extremely disappointed that couples will have to wait even longer to get married. It’s unfair and unfortunate. But I am confident that we will restore the right to marry once and for all,” says Geoff Kors of EQCA (Equality California)  who does well to express his disappointment that marriages are on hold at this time.

I cannot accept that  same-sex marriages would be stayed during the period of time where a Court of such esteem has held it unconstitutional.   It should be the other way around. We should be allowed to marry pending a different outcome, from a non-expedited process!!

Kors explains, “This means that, regrettably, same-sex couples will have wait longer to get married and are still being denied their fundamental right to do so.

This is not the end – far from it. The appeals process still needs to play out, and the court is expediting the process. The case is expected to be heard in December.

We need to work together to do what it takes to ensure a favorable outcome.
Here’s what you can do:

Email the Governor and Attorney General and urge them to stand strong against the attacks they are receiving from anti-LGBT groups.

Make a donation to elect a governor and attorney general who will refuse to defend Prop. 8 in court.

Volunteer in your area. We are building on the majority support we have, which is so critical to winning marriage back, either in the court or at the ballot box.

Imagine if President Barack Obama, Speaker Nancy Pelosi and Team Democrat would come out now and have the courage to repeal The Defense of Marriage Act (DOMA)  that restricts marriage between one man and one women, on a Federal level.

It would be an imperative correction of a bad bad mistake, at this point.  Senator Feinstein of California had the courage to VOTE no on DOMA.  Congressman Barney Frank believes DADT and ENDA should be repealed before he signs on to Congressman Jerold Nadler’s  House repeal Bill – The Respect for Marriage ACT.

Wake up and shake things up AMERICA – Now is the time.  No DOMA and we can sponsor our bi-national spouses for immigration; we can stop the exile of our citizens and The FEDS will show the STATES that it can get rid of legislated inequality via repeal legislation.

By Melanie Nathan
nathan@privatecourts

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