Supreme Court Issues Order List—No Word Yet on Proposition 8 Case
Washington, DC – Today, the United States Supreme Court issued an Order List revealing certain cases considered at its November 30 Conference that have been granted review. Hollingsworth v. Perry (formerly Perry v. Brown), the federal constitutional challenge to California’s Proposition 8, was not on the list.
U.S. Supreme Court to Consider Tomorrow Whether to Hear Proposition 8 Case
Prop. 8 and DOMA Cases Distributed for Nov. 30 Conference
Washington, DC – Tomorrow, the United States Supreme Court will consider whether to grant review in Hollingsworth v. Perry (formerly Perry v. Brown), the federal constitutional challenge to California’s Proposition 8. The Perry case, along with several cases challenging the federal Defense of Marriage Act (DOMA), have been distributed for discussion at the Justices’ private Conference scheduled for Friday, November 30, 2012. Continue reading →
U.S. Supreme Court Reschedules Consideration of Whether to Hear Proposition 8 Case
Prop. 8 and DOMA Cases Now Distributed for Nov. 30 Conference
Washington, DC – Today, the United States Supreme Court indicated that it has rescheduled the date when it will consider whether to grant review in Hollingsworth v. Perry (formerly Perry v. Brown), the federal constitutional challenge to California’s Proposition 8.
The Perry case, along with several cases challenging the federal Defense of Marriage Act (DOMA), have been distributed for consideration at the Justices’ private Conference scheduled for Friday, November 30. The Proposition 8 and DOMA cases had previously been distributed for the Conference of Tuesday, November 20. Continue reading →
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Second Circuit Court of Appeals Rules DOMA Unconstitutional
New York, NY – Today, the United States Court of Appeals for the Second Circuit found that Section 3 of the federal Defense of Marriage Act (DOMA) violates the equal protection component of the Fifth Amendment to the United States Constitution, making it the second federal appeals court to find DOMA unconstitutional. The United States Court of Appeals for the First Circuit made a similar ruling in May of this year. Enacted by Congress in 1996, DOMA nullifies the marriages of gay and lesbian couples for all purposes of federal law. Continue reading →
Ruling: Same-Sex Marriages Still On Hold
Posted by Jody May-Chang on Wed, Mar 23, 2011 at 4:09 PM
A federal appeals court refused today to let same-sex marriages resume in California while it considers the constitutionality of a 2008 ballot measure that defined marriage as the union of a man and a woman.
Today’s decision from the United States Court of Appeals for the Ninth Circuit upheld an order preventing legal gay and lesbian unions.
The American Foundation for Equal Rights filed a motion in March with the Ninth Circuit asking the court to lift its stay and allow California’s gay and lesbian couples to marry.
In a statement released today AFER said:
“It is decidedly unjust and unreasonable to expect California’s gay and lesbian couples to put their lives on hold and suffer daily discrimination as second-class citizens while their US District Court victory comes to its final conclusion. It is un-American to deprive gay and lesbian couples of their fundamental constitutional right to marry. These are adults in committed; loving relationships who just want to live their lives without government interference.”
The U.S. District Court now must wait to hear back from the California Supreme Court on the question of whether the proponents have jurisdiction to challenge the Ninth Circuit’s ruling that Prop 8 is unconstitutional, which has stalled progress on the case. An answer is not expected at least until September.
Monday was a busy day for legal filings in California’s fight to strike down Proposition 8.
Six major lesbian, gay, bisexual and transgender legal and advocacy organizations all filed briefs with California courts March 1 including California State Attorney General, Kamala Harris.
Harris’s seven-page motion to the Night Circuit Court of Appeals asked the Court to permanently vacate the District Court’s earlier order to stay a decision that found Proposition 8 unconstitutional. With the stay in place Proposition 8 is still being enforced, prohibiting same-sex couples from marrying.
Now, six months later Harris wrote, “Since then, events have demonstrated if the stay ever was justified, it is no longer,” stating supporters of Prop. 8, “have been utterly unable to demonstrate that injury would befall them in the absence of a stay…”
Harris continues to argue that because the stay continues, plaintiffs’ due prose and equal protection rights have continued to be violated, perpetuating unconstitutional discrimination. Continue reading →
2010 has been an amazing year for the movement toward full LGBTQI Equality. Encouraging challenges to California’s Proposition 8 and the Repeal of Don’t Ask Don’t Tell, despite strong powerful forces against us, have set in motion a light forward for really substantive change toward federal employment non-discrimination, the repeal of DOMA, with full marriage equality, and same-sex partner immigration.
To those of you who have supported and passed along my work to your mailing lists, family and friends, those who shared stories on Facebook and Twitter, THANK YOU! I am very humbled and truly grateful.
Mostly, I wish to thank my sources because it is they, who put the faces and names to many important issues, explain complicated issues and help sort out fact from fiction in a corporate media world that is full of noise, spin and propaganda. Continue reading →