pinch hitters

What Happens If Yes On 8 Can’t Appeal Perry? This California County Will Fill In

Imperial County in California has filed an appeal with the 9th Circuit Court of Appeals, challenging the Prop 8 ruling decided by Judge Vaughn Walker. That’s great news, just in case the 9th Circuit were to decide Yes On 8, deemed an defendant-intervenor, is told it doesn’t have standing in the case — which would mean it would appeal to the Supreme Court for a decision on its standing, and then it would go to the Appeals court, and then back to the Supremes. You know, in case you wanted Perry v. Schwarzenegger to travel any more slowly or something.

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  • run for the border

    I’m guessing Imperial doesn’t like Mexico City same-sex marriages either.

  • Smartypants

    Imperial County has already been rejected as an intervenor. It has to be a state-level agency that has some say regarding marriage. The 9th Circuit may decide differently, but it’s unlikely.

  • rf

    how could such a short post be so unintelligeable?


    This is a lift from the article…………

    “The county, represented by the Christian legal group Advocates for Faith and Freedom, pledged to appeal that denial”

    WTF??? Why is the county being represented by a CHRISTIAN LEGAL GROUP??? Does the separation of church and state no longer exist in California??

  • jeffrey bryan

    @rf: California’s Imperial County has filed an appeal with the Ninth Circuit Court of Appeals, challenging the Prop 8 ruling decided by Judge Vaughn Walker. This could be great news. If the Appellate Court decides that “Yes On 8” doesn’t have standing in the case, the group is less likely to appeal that decision with the Supreme Court, as Imperial County can argue in their place. If this hadn’t happened, we would have been looking at a long battle to decide who has the right to appeal the verdict rather than a clear path to decision by the Supreme Court regarding same-sex marriage.

  • daftpunkydavid

    @jeffrey bryan:
    if that’s so, then how about the argument that the slower this goes, the better for our side, because the more time we have, the more minds we can change, the more states we can make accept us as equal citizens, and the more likely the supreme court will be to side with us?

  • Sam

    @jeffrey bryan: Actually, we want both Yes on 8 and Imperial County to lose their standing arguments. If that happens, Prop 8 stays permanently dead and same-sex couples in California can get married again. If one or both are allowed to appeal this up to SCOTUS, then we’ll most likely lose there and Prop 8 will be reinstated. AGAIN.

    There are 29 other states with constitutional amendments that can be challenged in court once either Kennedy or Scalia are replaced and the Supreme Court can be counted on to rule in our favor. To root for the bad guys to win this so we can risk losing marriage in California again at the Supreme Court is just foolish.


    @Sam: The frightwing lunatics are so concerned about “activist judges” Kennedy recently stated he will not retire untill Obama is out of office………Seems like that kinda sorta goes against every foundation of the SCOTUS……

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