The decision in Perry v. Schwarzenegger will be filed tomorrow between 1 and 3pm PST electronically, so don’t expect some grand announcement to come out of San Francisco. Start planning your celebration-slash-outrage parties accordingly. Who’s got their money on Walker siding against the “predictable disaster”?
big days
Judge Vaughn Walker Will Issue Prop 8 Decision Wednesday
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Steveo
This is important. I am getting shivers…
PLAYS WELL WITH OTHERS
Guess we can somewhat consider it a good sign that he didn’t decide to announce the ruling the end of next week: Friday the 13th…………
Clint
the anxiety is quickly rushing back…
bluenosedive
@PLAYS WELL WITH OTHERS: I know o_O!! Yeh?
And all I have to say is FINALLY!
Lee
Honestly, I think we all know what the answer will be. NOM had a DISASTER of a trial. They were proven wrong on every end.
Whatever will happen, it’s going to the Supreme Court anyway.
FAEN
I’ll be very surprised if he does not rule in our favor. The opposition had no case at all.
badlydrawnbear
everyone chillax, tomorrow’s ruling is relatively meaningless. The only thing that will definitely happen tomorrow is the ruling will immediately be appealed, regardless of how the judge rules.
Even once this case gets to the CA supreme court someone is sure to try and drag it before the SCOTUS.
James Ashburn
It will not go to CA Supreme Court…next stop the 9th Circuit. This was filed in Federal court.
Ryanthehulk
@James Ashburn: Props for knowing your Judicial Branch structuring.
Andrew
I’m optimistic but cautious like I always am with these things.
@badlydrawnbear: It very much so does matter. Even if it is appealed, unless the other side wins an injunction it could potentially mean Prop 8 could be basically repealed even with the case still standing.
Plus, winning the initial case looks much better to be affirmed by the 9th circuit.
What it’s all going to come down to is if SCOTUS hears the case…and if they do, we better damn hope that a Republican doesn’t win in 2012 so the composition of SCOTUS will hopefully shift left!
Rob
As excited as I am, I can’t help but tell myself not to get my hopes up.
Lauren
Prop 8 Day of Decision Community Gathering in New York City
New York, NY. August 4th, 2010. Queer Rising and Marriage Equality New York (MENY) are proud to announce “Prop 8 Day of Decision Community Gathering” in New York City.
In response to the decision of Perry vs. Schwarzenegger to be issued by Judge Vaughn Walker today, Queer Rising, MENY and New York’s entire LGBTQ community will unite in the name of full marriage equality. Speakers will include New York politicians, clergy, couples affected by the Prop 8 decision and grassroots organizers.
Please join us for this united community rally on Wednesday, August 4th, from 7-9 pm, at the New York City Supreme Court, located at 60 Centre Street in downtown Manhattan. We will take the fight from California and bring it to NYC.
D'oh, The Magnificent
I think the only question is whether he will rule narrowly in our favor or broadly because as someone else stated above the defense didn’t put on a case.
Michael
I guess this means that sometime tomorrow, somebody will be filing an appeal.
Julia
I actually attended one day of testimony and it was really amazing…the difference, not only in the merits of each side, but the legal aptitude. Ted Olson, David Boises, and their entire crew, were so,infinitely, superior to NOM’s counsel.
Watching them was inspiring… almost a religious experience. One of those attorney scenes you see in every courtroom drama..but rarely, if ever, in real life. Watching NOM’s attorneys was sort of like watching a Jacoby and Meyer’s commercial, in comparison.
It was so painful that even my 10 year old turned to me and said, “If he says ‘correct?’ one more time, I’m going to scream”…
And he was right….he ended every sentence, that day, EVERY DAMN ONE, with “correct”?
“The founders of this country built it on Christian values, correct?”
“You are aware that our current birth rate is too lower than our death rate, correct?”
…and on, and on, and on, and on……talking and making no point, other than the one which was already obvious….this was simply a modern day witch hunt based on one group’s prejudice and fear.
jeffree
Sitting on the edge of my chair or whatever the expression is, but I recognize this case will likely make it to SCOTUS.
We may have both momentum & scientific logic on our side.
S
@jeffree:
“Sitting on the edge of my chair or whatever the expression is, but I recognize this case will likely make it to SCOTUS.
We may have both momentum & scientific logic on our side.”
Law school professors often refer to the analogy of the three umpires.
The first umpire says, “I call ’em as I see ’em.”
The second states, “I call ’em as they are.”
And the third offers a self satisfied grin and proclaims, “Hell, they ain’t NOTHING until I call ’em.”
Many judicial opinions are based on tortured so-called logic, and are clearly the result of decisions made from political and personal biases, which are subsequently rationalized by whatever means are available (however thin). This is frequently obvious with those of the SCOTUS.
It is likely that the ultimate disposition will have less to do with facts and law and more with whom is sitting when the case comes up.
Chitown Kev
Biting my fingernails…
crossing my fingers…and toes…
badlydrawnbear
looks like we might have won and won big.
http://emptywheel.firedoglake.com/2010/08/04/expect-a-win-for-plaintiffs-and-gay-marriage-in-perry-prop8-case/
Republican
I think we all know that the opinion that’s going to be released in a few hours will be a victory for us gays. The only question is how big of a victory.
PLAYS WELL WITH OTHERS
@Chitown Kev: Kev…..I gots toes, fingers,eyes and balls (that one takes practice :-p)
@jeffree: J……ya gots that 100% right, this is merely a pit stop to the SCOTUS where I am very ascared………..(maybe on that one we can sits together on the edge ‘o the chair :-p)
Jim D
Walker’s an enigma. Gay man, who sued Tom Waddell re using the term Gay Olympics, and then tried to take his house while Waddell was dying of AIDS. More of a Libertarian than a Republican which leads me to believe he will throw out the vote. Does anyone else find it interesting that almost every jurist who has ruled in favor of gay marriage has been a Republican, who then get attacked by the Republican Party as “judicial activists.” Unfortunately I don’t think will extend to the Supremes, although it will be fun to see what contortions Scalia puts himself through on this one. By the way, Sarah Palin shouldn’t have limited her “no cojones” comment to Obama alone. The Dems have no balls.
obiwan
I understand that the proposition 8 vote has been thrown out as unconstitutional by Judge Walker. I also understand that his well reasoned ruling will go through an appeals process, possibly all the way to the Supreme Court. So this may be just the beginning of a possibly long process. Interesting that Solicitor General Olson under one of the President Bush’s was the lawyer for the couple and the city of San Francisco who challenged the law. It seems that this issue is not a liberal or conservative issue, but more of a civil rights issue, with proponents and opponents on both sides of the political aisle.