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| subject: | 9th Circuit Upholds Prop. 8 Stay |
As you have probably already heard, this week the U.S. Court of Appeals for the Ninth Circuit extended the stay which was first self-imposed by federal district judge Vaughn R. Walker, in regards to the implementation of Proposition 8. According to the news article below, this means that the U.S. Court of Appeals for the Ninth Circuit more than likely will not even hear the case concerning Proposition 8 until at least December of this year. This, of course, means that until the case is decided, there will be no more gay and lesbian "marriages" occurring in California. This is another small victory for Bible-believing Christians who oppose this unnatural and ungodly lifestyle. Let's hope that it continues to hold after December as well. Court Extends Stay on Allowing Gay Marriage By JESSE McKINLEY - NYT August 16, 2010 SAN FRANCISCO -- A federal appeals court has extended a stay on same-sex marriages in California until it decides whether a ban on such unions is constitutional. It is just the latest turn in a protracted legal battle over Proposition 8, the voter-approved ban. The ruling, issued by a three-judge panel of the United States Court of Appeals for the Ninth Circuit, came less than a week after a federal district judge, Vaughn R. Walker, lifted a stay he had imposed to allow proponents of the ban to argue why same-sex marriages should not proceed. On Aug. 4, Judge Walker ruled that Proposition 8 was unconstitutional. Even when lifting his stay on Thursday, Judge Walker allowed six days for the Ninth Circuit to review his ruling. That left many gay and lesbian couples and their supporters hopeful that same-sex marriages would resume Wednesday at 5 p.m., when Judge Walker's stay would have expired. That will not happen. Now, such weddings will not resume until, at least, the appeals court decides the case. And perhaps not until it is decided by the United States Supreme Court, where it seems to be headed. The Ninth Circuit panel, made up of Judges Edward Leavy, Michael Daly Hawkins and Sidney R. Thomas, determined that a stay pending the appeal was appropriate. The panel requested the first briefs to be filed in September and for the appeal to be heard in court in December. Richard L. Hasen, a professor of law at the Loyola Law School Los Angeles, said the ruling "takes the heat off the Supreme Court," which was likely to have been asked for an emergency stay by those who support Proposition 8 if the Ninth Circuit had not acted. But Mr. Hasen added that the stay's putting a halt to any potential marriages did not mean that the Ninth Circuit would necessarily rule in favor of Proposition 8. "I don't think that the granting of the stay means much, if anything, about how the Ninth Circuit will rule on the merits," he said. "It won't be the same panel deciding the merits as decided the stay motion." Mr. Hasen added he believed that even supporters of same-sex marriage could see the logic of extending a stay. One issue most likely to be settled by the appeals court is that of legal standing. Both Gov. Arnold Schwarzenegger and Attorney General Jerry Brown of California -- named as defendants in the case -- have voiced opposition to Proposition 8. That left the defense of the measure primarily to its ballot sponsors, including the group Protectmarriage.com. Some legal experts have questioned, however, whether a group that is not charged with enforcing a law can be found to be responsible for defending it. Jeff Snyder, SysOp - Armageddon BBS Visit us at endtimeprophecy.org port 23 ---------------------------------------------------------------------------- Your Download Center 4 Mac BBS Software & Christian Files. We Use Hermes II --- Hermes Web Tosser 1.1* Origin: Armageddon BBS -- Guam, Mariana Islands (1:345/3777.0) SEEN-BY: 3/0 633/267 640/954 712/0 313 550 620 848 @PATH: 345/3777 10/1 261/38 712/848 633/267 |
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