Federal appeals court set to rule on same-sex marriage case

A federal appeals court will issue its long-awaited decision Tuesday on the constitutionality of a 2008 ballot initiative in California banning same-sex marriages in the state.

The Ninth Circuit Court of Appeals is expected to issue its decision on Proposition 8, which just over 52 percent of California voters approved during the 2008 election.

The case, Perry v. Brown, has been closely monitored for its possible implications not just in California, but nationwide as well. A bipartisan pair of prominent attorneys, Theodore Olson and David Boies, have represented the opponents of Prop. 8, raising speculation that the case may eventually make its way to the U.S. Supreme Court.

If the U.S. Supreme Court were to hear the case, the decision could possibly have a wide-ranging impact on marriage law due to any precedent established in that case.

msnbc.com's Michael O'Brien contribued

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The Ninth Circuit Court of Appeals is expected to issue its decision on Proposition 8, which just over 52 percent of California voters approved during the 2008 election.


I'd say it's looking awfully gloomy for thee Bible stumpers

  • 12 votes
Reply#1 - Mon Feb 6, 2012 1:49 PM EST

Given that the Ninth Circus (sic) has, by far and away, the highest rate of its decisions being overturned by the SC out of all the federal Circuit Courts of Appeal, it's relatively unimportant what they decide in any case that's going to the SC.

  • 7 votes
#1.1 - Mon Feb 6, 2012 1:56 PM EST

And why would that be Joe? Maybe becasue it's the biggest , because it handles more cases. But then again, is it overturned as much as you imply? Those curious enough to research and find the true facts for themselves will find what I did. And it sure is a different picture than what you paint.

  • 8 votes
#1.2 - Mon Feb 6, 2012 2:26 PM EST

There was an article printed July 5 2009 in the L.A.Times showing that 15 of the 16 cases heard by the S C overturned those decisions made by the 9th circuit court.

You are certainly right about it being the biggest in size. If I'm not mistaken, it encompasses most of the western part of the country.

But the court has been unjust in it's findings far to many times. Their will to help the underdog in matters overshadows good reasoning more times than not.

  • 4 votes
#1.3 - Mon Feb 6, 2012 2:57 PM EST

So one of those great patriots, you know fighting for all of us 99%ers in occupy DC smacked a cop square in the face with a brick.

Nice going Obama keep preaching that destructive class warfare bulls%#t!

Champion of the people that's what the lefty progressives think they're bringing with all the violence.

Image if a "teabagger" ever assualt a police officer?

Hell the left is still bitchin' about some congressmen that got spittle on him from an ignored, and distrustful US citizen.

  • 2 votes
#1.4 - Mon Feb 6, 2012 4:20 PM EST

That is what we call TRANSFORMATIVE CHANGE!

  • 1 vote
#1.5 - Mon Feb 6, 2012 4:27 PM EST

What's a Bible Thumper? Are you even just a little afraid to use that term? This is a little worse than callingthe heroes of the Boston Tea Party names and calling the GOP thugs. The Bible will not be mocked. You have called down the rath of God on yourselves. Is that what yu want? Well,, thank goodness I don't have to hear or read what you have to say any longer. For one thing, the mighty USA is now dead and soon to be buried, and secondly, God no longer blesses our nation. And I do not have tohear one more word from you. I have the Holy Trinity to believe in. The Bible is the true word of God, and gives me hope and strength. Since I am 80 years old, and my wife is 73, we are resting well in God's protection. Sorry that yu don't have that kind of Grace lookiing after yu.

  • 2 votes
#1.6 - Mon Feb 6, 2012 7:47 PM EST
Reply

Ah...Prop H8's days are numbered! Either through court decision, or through a referendum to repeal Prop H8.

  • 6 votes
Reply#2 - Mon Feb 6, 2012 1:59 PM EST

Ninth Circuit Court, the most liberal court in the United States, will in all likely hood rule against the majority of Californians again. This will go to the Supreme Court no matter what the decision is.

  • 3 votes
Reply#3 - Mon Feb 6, 2012 2:04 PM EST

Hi Sarge,

“rule against the majority of Californians”

Do you have any source to support your claim that the majority of the voters in CA are against same sex marriage?

  • 9 votes
#3.1 - Mon Feb 6, 2012 2:25 PM EST

sfcret---seems to me that the majority of Californians or any state don't have the right to vote away anyone's constitutional rights. So I guess we will need the Supreme Court to decide whether constitutional rights are violated by this Proposition.

  • 11 votes
#3.2 - Mon Feb 6, 2012 2:27 PM EST

I would love to see one of these guys posts some facts that support that assumption. It's just something they've heard for the past 20 years and now they believe it's true. The 9th encompasses more states, people and ethnic nationalities than any other.

  • 4 votes
#3.3 - Mon Feb 6, 2012 2:30 PM EST

Ninth Circuit Court, the most liberal court in the United States, will in all likely hood rule against the majority of Californians again. This will go to the Supreme Court no matter what the decision is.

Oh, but don't you worry! We'll elect King Newton I and he'll teach that court a lesson!

Arrest them! Abolish the court!

That'll teach 'em!!!

  • 7 votes
#3.4 - Mon Feb 6, 2012 2:48 PM EST

Dennis,

How are you today, good I hope. If you read the article it states that just over 52% of California voters voted for Proposition 8. I believe 52% constitutes a majority of voters. Wouldn't you consider the 52% vote meant that the majority of voters was against same sex marriage?

  • 5 votes
#3.5 - Mon Feb 6, 2012 3:03 PM EST

Noid you shouldn't worry so much about where I get my info. Just accept that I know what I am talking about:

Fisker lays off workers in Delaware, California

A cash crunch has forced Fisker Automotive to lay off some employees at the former General Motors plant near Newport that is being refurbished as its U.S. manufacturing base.

The exact number of layoffs that took place today and last week has not been disclosed by the California auto start-up, but state officials say about 25 Fisker workers and an unknown number of subcontractors had been involved in the rehabilitation of the sprawling auto plant. Fisker said it was to begin assembling the company's Nina hybrid at the Boxwood Road plant in 2013.

The layoffs come as Fisker scrambles to trim expenses while it awaits the next round of cash from the Department of Energy, which conditionally promised to lend the automaker $529 million to help get its Delaware operations running.

http://www.delawareonline.com/article/20120206/BUSINESS09/120206030/Fisker-lays-off-workers-Delaware-Calif-?odyssey=mod%7Cnewswell%7Ctext%7CHome%7Cp

Conditionally bolded for emphasis. The money has dried up and the guys that had moved to California are all headed home.

If the DOE gives this snake bitten company any more money it will be a travesty.

  • 5 votes
#3.6 - Mon Feb 6, 2012 3:15 PM EST

Noid you shouldn't worry so much about where I get my info. Just accept that I know what I am talking about:

Yeah, like that's about to happen.

Thank you for (finally) giving me some source to back up your claims, but it's interesting how the story changed?

Your first comment this morning...

Sounds like Fisker Automotive is closing it's doors today.

...and then...

Nina was tabled a few weeks ago. Never had a chance. The 100 or so people wandering around Wilmington Delaware will be let go as well, I am afraid.

...and then all we get is a story about some layoffs?

...but, whatever, you just go on rooting against them.

  • 2 votes
#3.7 - Mon Feb 6, 2012 4:49 PM EST

They are shutting operations down Noid. They are laying EVERYBODY off.

No change, just you trying to make it OK in your mind.

But keep trying to push that rope.

And yeah, I'm against giving a half billion dollars to a company with a failed business model.

  • 2 votes
#3.8 - Mon Feb 6, 2012 5:08 PM EST
Reply

Why would anyone in their right mind be on the side of the Republicans, being that they are against equal rights for all.

  • 9 votes
Reply#4 - Mon Feb 6, 2012 2:34 PM EST

We'll just have to wait and see but one of the main points of the Constitution is that the majority will not deprive the minority of their rights. Marriage is a civil action, a man made process, regardless if the ceremony is performed in a church or not. If the SCOTUS hears it and rules Pro 8 constitutional, then I dare Republicans to say anything about activist judges.

  • 7 votes
Reply#5 - Mon Feb 6, 2012 2:44 PM EST

I'm very curious to see what happens, though I admit I don't understand everything about this case. I don't understand what's illegal about two of-age, consenting adults getting married. I also don't understand all the hoops that are being jumped through, or the opposition. Maybe I should go read about it more.

  • 2 votes
Reply#6 - Mon Feb 6, 2012 3:26 PM EST

kingofmyhill is exactly right - our legislative system was created with fail safe mechanisms in place to protect the rights of the minority. Regarding same sex marriage, I continue to be at a loss as to why it is anyone's business who marries whom? My question to everyone who is in opposition to same sex marriage, how in God's name does it affect YOU? Why is it of concern to YOU? Why do YOU care? If you are opposed, then don't enter into a same-sex marriage. If your neighbor's marriage keeps you awake at night, you need to get a life. This shouldn't even be a political issue. There are many of us who believe the constant crusading by the so-called Christians is contradictory to the Christian teachings of peace, tolerance, and love they neighbor.

  • 8 votes
Reply#7 - Mon Feb 6, 2012 3:34 PM EST

magnificent50----I agree with you. I just don't understand why it is anyone's business but the two people entering into the marriage. Many years ago interracial marriages were illegal---was that right? If religions don't want to sanction same sex marriage, that is entirely their right. But let's allow civil marriages for whoever wants to enter into one. Howdo the people against same sex marriage feel about people living together without marriage---seems to me it is better to make the commitment to one's partner.

  • 7 votes
#7.1 - Mon Feb 6, 2012 3:58 PM EST

I agree @steelerfan, this applies to civil marraiges only. Churches should be able to marry according to their individual doctrines. On the other hand, should those marraiges be licensed and recognized by the state when some people are excluded. Personally, I support two different marraiges for those who want both. One that is civil and licensed for the contract purposes and second for those who want a religious or sacremental blessing from their church.

  • 6 votes
#7.2 - Mon Feb 6, 2012 4:22 PM EST
Reply

I hate the propaganda term "activist judges." Its use seems to be limitted to "I don't agree with the decision arguements" made by people who either don't understand consitutioal checks and balances or to manipulate the opinons of people who don't understand.

When I read the lower court's decision, http://www.scribd.com/goodasyou/d/35374462-California-Prop-8-Ruling-August-2010 I am hard pressed to think that the anti same sex marraige contingent has a valid arguement to stand on. Bottom line, marraige is a contract between two people and excluding people based on sexual orientation has to purpose other than to impose some people's religious standard on others.

  • 7 votes
Reply#8 - Mon Feb 6, 2012 4:18 PM EST

I know some have posted how many times 9th has been overturned but those are usually criminal cases. In cases involving civil rights, they have almost always been upheld.

I just don't get it. How can someone scream personal rights in one breath and then want to deny someone else their personal rights in the next?

  • 4 votes
#8.1 - Mon Feb 6, 2012 4:31 PM EST

I am not sure to be honest. The arguements I hear make it sound like they think that somehow their religion is under attack just because I say I do not agree with one of the tenants of that religion. Ironically, they would then turn and say the tenants of a different faith (ie. Sharia Law) should never be incorporated into local laws and efforts to do so are unconstitutional. In the end, my opinion is that all of this is driven by fear.

  • 2 votes
#8.2 - Mon Feb 6, 2012 4:37 PM EST
Reply

God made Adam and Eve, not Adam and Steve, you can't fit a square peg into a round hole.

  • 1 vote
Reply#9 - Mon Feb 6, 2012 4:25 PM EST

Hmmm, first not all of believe in Adam and Eve, that is your religious dogma you are using. Second, how do I say this delicately.... is yours square? Personally, I have never seen a square one.

  • 5 votes
#9.1 - Mon Feb 6, 2012 4:39 PM EST

come over and I will teach you tonight

    #9.2 - Mon Feb 6, 2012 4:52 PM EST

    If you are a Christian, then you must believe that God made Adam, Eve, and Steve.

    • 4 votes
    #9.3 - Mon Feb 6, 2012 4:55 PM EST

    I can't think of anything more hypocritical than spouting intolerant and sometimes very hateful "Christian" dogma. And Mr. Naked Sr, sir, your #9.2 comment is a bit disturbing.....

      #9.4 - Mon Feb 6, 2012 6:51 PM EST

      buck naked sr You rascal you! What do you want to teach, Teach Me Tonight, tonight? We all want a answer on that one.

        #9.5 - Mon Feb 6, 2012 6:59 PM EST

        God made them, but they choose the sexual situations they put themselves in.

          #9.6 - Mon Feb 6, 2012 8:32 PM EST
          Reply

          It doesn't matter who wins the Presidency this year (or any year thereafter). America is, to use that well-known old saying, a dead horse. I read the pitiful statement by Obama that he "deserves to be re-elected." Well,, he doesn't, but I don't care any more. This nation, this country, the USof A, has caved in, gone with the wind, can't help anybody at all any more, because the Libs, the name-callers, the radical left wing, and the 50 % of our nation who hate America, have killed the USA from within. It is dead now, and cannot be replaced. No, don't even try to fix it now. It is over. Don't you understand? The "wounded" nation with the Statue of Liberty is dying, and is dead for all practical purposes. Have your little jokes, your "fun", libs, (Democrats), but ask yourselves who is going to be our government now. The military? For a while, perhaps. Even our armed forces will be abandoned. The Navy, theAir Force, will not take orders from any of you weirdos, and we will lack personnel to operate the "mechanisms of war." Rest assured, none of the Republicans in America will allow you to run the country. It will be 50% agaiinst 50%, equally divided, with no peacemaking in between. No Federal money, either. No schools. No police. No...country. Anarchy. No Congress. All ruined by the Socialist, Left Wing, ugly enemy of the USA: the DemocRats.

            Reply#10 - Mon Feb 6, 2012 7:04 PM EST

            gee gordie tell me what do you righties want to do with 50% of the country who you think hate America? Dude all what you are saying is absurdity! If thats what you and your band of merry men think so be it. As a Proud American first, a Proud Democrat second all I can say is its your opinion. We are all Americans get use to that. Only in your dreams, America is what you think it is.

            • 1 vote
            #10.1 - Mon Feb 6, 2012 7:47 PM EST
            Reply

            Well said Mr. Gordon. Well said. May god continue to bless you and your wife.

              Reply#11 - Tue Feb 7, 2012 9:15 AM EST
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