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Appeals court stays marriage ruling (Ca Prop 8)
Politico ^ | August 16, 2010 | Ben SMith

Posted on 08/16/2010 4:01:36 PM PDT by Beaten Valve

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To: speciallybland

“So why don’t the homosexuals bringing this frivolous lawsuit lack standing? They’re not the Governor or the Attorney General. “

An excellent question and I’d love to hear a FReeper attorney address it. Anyone?


21 posted on 08/16/2010 4:15:43 PM PDT by Persevero (Homeschooling for Excellence since 1992)
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To: Beaten Valve

If Whitman wins, then CA may join the case, and there will be standing.

Perhaps that is what the 9th Circus is allowing for.


22 posted on 08/16/2010 4:16:36 PM PDT by Retired Greyhound
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To: mewzilla

OTOH, it keeps it a live issue. Certainly so in the CA Gov / Atty Gen race — will the people have a Gov/AT who backs them up, or one who stands with HOllywood?


23 posted on 08/16/2010 4:17:01 PM PDT by BibChr ("...behold, they have rejected the word of the LORD, so what wisdom is in them?" [Jer. 8:9])
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To: Beaten Valve

Is it childish to say “hah, hah”?


24 posted on 08/16/2010 4:18:17 PM PDT by ilovesarah2012
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To: Beaten Valve
This ruling means we may NEVER get a final ruling on gay marriages until 2012--if they're lucky!
25 posted on 08/16/2010 4:18:34 PM PDT by RayChuang88 (FairTax: America's economic cure)
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To: Beaten Valve

The liberals and the libertarians must be in shock right now. They thought that they had a slam dunk.


26 posted on 08/16/2010 4:19:05 PM PDT by Mojave (Ignorant and stoned - Obama's natural constituency.)
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To: Beaten Valve

“The court warned in its order that it’s considering dismissing the appeal on the grounds that the appelants — who don’t include the Governor or Attorney General — lack standing.”

Interesting. Then we can all look forward to the 9th circus dismissing the Obama administrations complaint against Arizona because it lacks “standing”.


27 posted on 08/16/2010 4:19:20 PM PDT by ScottfromNJ
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To: Beaten Valve

Get ready for the girly screech of the gays.... 3....2....1....


28 posted on 08/16/2010 4:20:02 PM PDT by moodyskeptic (the counterculture votes R)
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To: RayChuang88

That’s fine - it gives our side a chance to make a Constitutional amendment that marriage is a union between a man and a woman. The American people will be much more willing to support that since they’ve seen their own votes being overturned by activist judges.


29 posted on 08/16/2010 4:20:38 PM PDT by Brytani (There Is No (D) in November! Go Allen!!! www.allenwestforcongress.com)
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To: Retired Greyhound

“If Whitman wins, then CA may join the case, and there will be standing.”

Whitman would be wise to take a stand here, and announce she will support the will of Californians and file on their behalf before the 9th Circuit.


30 posted on 08/16/2010 4:23:32 PM PDT by Persevero (Homeschooling for Excellence since 1992)
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To: Beaten Valve
GREAT NEWS!!!! There is still hope!!! I will NEVER, and I mean NEVER recognize their unholy unions.
31 posted on 08/16/2010 4:23:55 PM PDT by Arcy
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To: mewzilla

“After the election. And after which time they’ll legalize gay marriage. “

Either way they rule, the losers will appeal to the Supremes. Then it is all up to Justice Kennedy.

Should he rule against the amendment, he will be voiding the law in 32 states and the federal Defense of Marriage Act. I really doubt he will want to do that. Of course you never know.


32 posted on 08/16/2010 4:25:15 PM PDT by Persevero (Homeschooling for Excellence since 1992)
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To: Beaten Valve; All

I’m pleased that they are holding off on allowing the “marraiges” to proceed. However, I am sick to my soul of hearing “lack of standing.” I certain that “having standing” has its place to keep things from being too litigous, but it is being way over used of late. There are some issues that ALL citizens should have standing over. Judges need to start being a considerably more “judicious” in denying hearing something for “lack of standing.”


33 posted on 08/16/2010 4:28:23 PM PDT by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
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To: Persevero

I would like to take a moment to publicly thank God.
Me too!

Thank you LORD!

Praise be to GOD!


34 posted on 08/16/2010 4:29:35 PM PDT by TaraP (He never offered our victories without fighting but he said help would always come in time)
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To: TLEIBY308

Re: “This will get the queers all uppity”

****************

Yeah, sure hope they don’t interrupt Bambi’s fundraiser here in L.A. tonight — zero just arrived at LA airport minutes ago....


35 posted on 08/16/2010 4:30:04 PM PDT by CaliforniaCon
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To: Retired Greyhound

Even if she wins, she won’t take office until after Dec.


36 posted on 08/16/2010 4:30:55 PM PDT by rahbert (catfish on the table, gospel in the air.)
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To: mewzilla

The earliest tis case would be finally decided by the USSC would be early 2012.

The losing party has 90 days after the 9th Circuit makes its final decision to final a petition with the USSC. Based on time periods after that, the earliest the USSC would even consider taking the case would be in August or September of 2011. If they accept the case, merits briefs are then scheduled for which there will be extensions because of all the amici briefs that will be filed.

Oral arguments would likely not be heard until Spring of 2012 and then a decision by the end of June 2012 at the earliest.

If a party asks for an en banc hearing after the 9th Circuit three-judge panel rules, it could strtch things out for several more months. This thing possibly might not get decided until early 2013.

Anyone think this might not be an election issue in 2012?


37 posted on 08/16/2010 4:31:49 PM PDT by SeaHawkFan
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To: wiggen

California law specifically gives the proponents of an initiative standing to defend the law in court. This is to prevent a Governor and/or Attorney General from effectively spiking an initiative by not defending it properly in court.


38 posted on 08/16/2010 4:33:26 PM PDT by GreenLanternCorps ("Barack Obama" is Swahili for "Jimmy Carter".)
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To: Beaten Valve

Just watched Shep Smith reporting on the story and he could hardly keep from crying.


39 posted on 08/16/2010 4:34:43 PM PDT by Road Warrior ‘04 (I miss President Bush greatly! Palin in 2012! 2012 - The End Of An Error! (Oathkeeper))
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To: Sola Veritas

It does seem as if the standing issue is being used as a club to the people’s heads when they wish to petition their government.

We need real reform in our court systems.


40 posted on 08/16/2010 4:35:20 PM PDT by Brytani (There Is No (D) in November! Go Allen!!! www.allenwestforcongress.com)
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