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Two Harvard Law profs’ take on Prop. 8 ruling

Published by jbennett on February 8, 2012 in Court Opinions. Closed Tags: , , , .

The striking down of California’s Proposition 8 voter initiative banning same-sex couples from marrying sets up what may be a quick appeal to the U.S. Supreme Court. … Two Harvard University law professors said that the Supreme Court will probably be closely divided on the issue. …
 
… Professor Charles Fried predicted the Supreme Court would find gays have a constitutional right to marry. “I think it’s hard to avoid,” . . . said Fried, who served as U.S. Solicitor General under Republican President Ronald Reagan.
 
The fulcrum of that nine-judge court is likely to be Justice Anthony Kennedy … said professor Mark Tushnet … “Whatever he thinks, that’s what the law is going to be,” Tushnet said in a phone interview. “He has been a reasonably strong proponent of gay rights on the court. Whether this is a bridge too far or a bridge too soon, I don’t think anybody can tell.”

California’s Gay Marriage Ban Case May Be Quickly Headed to Supreme Court – Bloomberg.

Different News Coverage for Prop. 8 Ruling

Published by jbennett on February 7, 2012 in Court Opinions. Closed Tags: , , , , .

The coverage of Perry v. Brown–aka the Prop. 8 Ruling– from various news sources. Front page news on all sites surveyed except for Fox News.

The 2-1 decision by the U.S. 9th Circuit Court of Appeals will have limited effect outside California because it is based on voter repeal of a right a minority already enjoyed.

LA Times: Prop. 8: Ruling to have limited effect outside California.

Like Judge Walker, the panel found that Proposition 8 – passed by California voters in November 2008 by a margin of 52 percent to 48 percent — violated the equal protection rights of two same-sex couples that brought he suit. The proposition placed a specific prohibition in the State Constitution against marriage between two people of the same sex.
NYTimes: Marriage Ban Violates Constitution, Court Rules.

Tuesday’s decision is likely just the second stop in a battle that could next be appealed to an expanded 11-judge panel of the same court—or directly to the Supreme Court. . . . Andy Pugno, general counsel for the ProtectMarriage.com coalition, the official proponents of Propostion 8, said he would “immediately” appeal the ruling. That likely would cause the verdict to be further stayed.

WSJ: Appeals Court Rejects Gay Marriage Ban.

Update at 1:54 p.m. ET. Newt Gingrich Condemns Decision:

“Court of Appeals overturning CA’s Prop 8 another example of an out of control judiciary. Let’s end judicial supremacy,” Republican presidential contender Newt Gingrich’s Twitter page says.

Update at 1:35 p.m. ET. Pelosi Reacts:

Rep. Nancy Pelosi of California, the top Democrat in the House,says on her Twitter page that Prop 8 was ruled to be “what we knew it to be: unconstitutional. Victory for equality & CA families!”

NPR: California’s Same-Sex Marriage Ban Is Unconstitutional, Court Says.

Lawyers for Proposition 8 sponsors and for the two couples who successfully sued to overturn the ban have repeatedly said they would consider appealing to a larger panel of the court and then the U.S. Supreme Court if they did not receive a favorable ruling from the 9th Circuit. . . .

The panel also said there was no evidence that former Chief U.S. Judge Vaughn Walker was biased and should have disclosed before he issued his decision that he was gay and in a long-term relationship with another man.

Fox News: Appeals Court Rules California’s Same-sex Marriage Ban Unconstitutional.

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