LIVE VIDEO: Prop 8 Appeal Hearing

There’s also a live stream from NOM further down today’s postings, which may prove entertaining if things go our way. If you have access to a television, C-SPAN will be covering it live and online too. Things are set to begin at 1pm EST. Watch live ABC’s live analysis here (they’ve apparently decided not to allow embedding of their live signal.)

UPDATE: I’m moving NOM’s feed into this post as so far they are just going with the C-SPAN signal.

UPDATE II: Wow. The lawyer from Imperial County is TOTALLY being handed his head by these judges!

Joe. My. God.

—  admin

Court to Hear Prop. 8 Appeal

OLSON AND BOIES TAKE ON PROP 8 X390 (GETTY) | ADVOCATE.COMAttorney Ted Olson (pictured left, with co-lead counsel David Boies) will argue Monday that a federal appeals court should let stand a lower court decision that struck down the antigay ballot measure.
Advocate.com: Daily News

—  admin

Prop. 8 Appeal Judge Won’t Recuse Himself

Ninth Circuit Court of Appeals x390 (fair) | advocate.comJudge Stephen Reinhardt of the U.S. court of appeals for the ninth
circuit denied a request by Prop. 8 supporters to disqualify himself
from the case because his wife is a former director of the ACLU’s
Southern California office.
Advocate.com: Daily News

—  admin

DOJ will appeal decision in Major Margaret Witt’s DADT case

Remember yesterday how Assistant Attorney General Tony West told reporters how hard it was for the Obama administration to defend DADT and DOMA in the courts? Yeah, right.

On September 24, 2010
, Federal District Court Judge Ronald Leighton ruled that Major Margaret Witt’s discharge under DADT was unconstitutional. Leighton “started breaking up and was in tears” as he announced that Witt won her case against DADT and must be reinstated into the military. At the time, I wrote:

Now, we have to wait to see if the Department of Justice will appeal this case, too.

Well, guess what? Today, DOJ took the first step to appeal the decision that reinstated Major Margaret Will. Igor Volsky has the details:

Moments ago, the Justice Department appealed a federal district court ruling reinstating Air Force Major Margaret Witt after she was discharged from the military under Don’t Ask, Don’t Tell to Ninth Circuit Court of Appeals. But the government did not ask the court to stay the decision — suggesting that Witt will be able to serve in the Air Force through the duration of the appeal process.

How magnanimous of DOJ to allow her to serve.

No wonder we’re disappointed and disillusioned. (And, we are.) This appeal, aimed at Major Witt, seems particularly shameful.

UPDATE: This lame-ass statement from Robert Gibbs doesn’t help:

“Today, the Department of Justice filed a notice of appeal in a case involving a legal challenge to the Don’t Ask, Don’t Tell (DADT) policy, as the Department traditionally does when acts of Congress have been held unconstitutional. This filing in no way diminishes the President’s — and his Administration’s — firm commitment to achieving a legislative repeal of DADT this year. Indeed, it clearly shows why Congress must act to end this misguided policy. In recent weeks, the President and other Administration officials have been working with the Senate to move forward with the passage of the National Defense Authorization Act, including a repeal of DADT, during the lame duck.”

First, let’s be clear: despite the constant assertions to the contrary, DOJ did not have to file this appeal.

The filing further diminishes the President’s credibility with the LGBT community. He really better get that Defense bill with the DADT language passed during the lame duck. He promised. Repeatedly.

Witt Notice of Appeal




AMERICAblog Gay

—  admin

DOJ Will Appeal DADT Reinstatement Of USAF Major Margaret Witt

The Department of Justice has filed a brief announcing their intent to appeal the reinstatement of Major Margaret Witt, whose DADT-related discharge was overturned by a federal court in September. Chris Geidner reports at Metro Weekly:

With today’s filing, DOJ stated in a docketing statement required to be filed with the Notice of Appeal that the principal issue to be raised on appeal is: “Whether plaintiff’s discharge pursuant to 10 U.S.C 654 and its implementing regulations was constitutional and whether plaintiff should have been ordered reinstated to the military, subject to meeting applicable requirements respecting qualifications for continued service.”

Geidner adds that White House press secretary Robert Gibbs took note of today’s action by the DOJ and cautioned, “This filing in no way diminishes the President’s — and his Administration’s — firm commitment to achieving a legislative repeal of DADT this year. Indeed, it clearly shows why Congress must act to end this misguided policy.”

Joe. My. God.

—  admin

Prop 8 appeal: You won’t have to rely on #hashtags

CSPAn

Both C-SPAN and San Francisco ABC affiliate KGO-TV have been granted permission to broadcast the Prop 8 hearing when the matter heads over to U.S. 9th Circuit Court of Appeals in two and a half weeks:

C-SPAN applied to televise live the case captioned above, scheduled to be heard in San Francisco, on December 6, 2010 at 10:00 a.m. C-SPAN’s request to televise live is GRANTED. A maximum of two (2) video cameras will be permitted in the courtroom. C-SPAN will serve as the pool-feed for all media organizations that submit an application.

BREAKING: 9th Circuit Prop 8 hearing will be televised LIVE on C-SPAN [Prop 8 Trial Tracker]

The footage-seeking future producers of the 2030 documentary, Can You Believe Couples in the 21st Century Had To Pause Their Lives to Fight This Bullsh*t? just high-fived one another.




Good As You

—  admin

Prop 8 Appeal To Be Televised

Rex Wockner tips us to a major development in next month’s appeal of the overturn of Proposition 8 before the Ninth Circuit Court.

United States Court of Appeals for the Ninth Circuit
Notice of Docket Activity
The following transaction was entered on 11/17/2010
Case Name: Kristin Perry, et al v. Arnold Schwarzenegger, et al
Case Number: 10-16696

[snip]

C-SPAN applied to televise live the case captioned above, scheduled to be heard in San Francisco, on December 6, 2010 at 10:00 a.m. C-SPAN’s request to televise live is GRANTED. A maximum of two (2) video cameras will be permitted in the courtroom. C-SPAN will serve as the pool-feed for all media organizations that submit an application.

As you may recall, the first hearing of Perry Vs. Schwarzenegger was to have been broadcast on YouTube, but Protect Marriage rushed to the Supreme Court to prevent that because they didn’t want their witnesses to become national laughingstocks. Let’s see if they try that again.

Joe. My. God.

—  admin

Ninth Circuit Grants Stay of DADT Ruling Pending Appeal

The Ninth Circuit Court of Appeals has granted the government its request for a stay in the injunction barring enforcement of 'Don't Ask, Don't Tell' pending appeal, the AP reports:

Dadt "Monday's decision by a three-judge panel of the 9th U.S. Circuit Court of Appeals means gay Americans who disclose their sexual orientations still can't enlist in the armed forces and can be discharged. The panel granted the government's request for a stay while it challenges the trial court's ruling that the ban on openly gay service members is unconstitutional. The same panel imposed a temporary hold keeping 'don't ask, don't tell' in place last week. Monday's ruling also heightens pressure on the Obama administration to persuade the U.S. Senate to repeal the 1993 law before a new Congress is sworn in."

The Wonk Room notes:

In an eight-page decision, the justices identify “three reasons that persuade us to grant a stay pending appeal”:

- First, Acts of Congress are presumptively constitutional, creating an equity in favor of the government when balancing the hardships in a request for a stay pending appeal.

- Second, “‘judicial deference . . . is at its apogee’ when Congress legislates under its authority to raise and support armies.”

- Third, the district court’s analysis and conclusions are arguably at odds with the decisions of at least four other Circuit Courts of Appeal: the First, Second, Fourth, and Eighth.

Here's the order:

DADT Stay Order


Towleroad News #gay

—  admin

Florida Gay Adoption Ban Dead; AG Bill McCollum Won’t Appeal Case

Florida's ban on gay adoption is officially dead. Attorney General Bill McCollum released a statement today saying he wouldn't appeal a September decision by the 3rd District Court of Appeals upholding an earlier ruling which declared Florida's ban on gay adoption unconstitutional.

MccollumThe ACLU writes:

"Florida's 33-year-old policy barring gay people from adopting ended today as the state Attorney General Bill McCollum opted not to appeal last month's ruling striking down the ban. The governor and the Florida Department of Children and Families (DCF) had already announced that they would not appeal the decision. Today was the final day that the attorney general could have independently acted to appeal the ruling. The appellate court ruling arose in an American Civil Liberties Union legal challenge to the ban on behalf of Martin Gill, who wanted to adopt two foster children he and his partner have been raising for almost six years."

Said McCollum:

"The constitutionality of the Florida law banning adoption by homosexuals is a divisive matter of great public interest. As such, the final determination should rest with the Florida Supreme Court, not a lower appellate court. But after reviewing the merits of independently seeking Supreme Court review, following the decision of our client the Department of Children and Families not to appeal the decision of the Third District Court of Appeal, it is clear that this is not the right case to take to the Supreme Court for its determination. No doubt someday a more suitable case will give the Supreme Court the opportunity to uphold the constitutionality of this law."

Said Nadine Smith, Executive Director of Equality Florida:

“Since Sept 22nd, Florida’s ban on gay people adopting has been over. We are pleased to learn that Attorney General Bill McCollum has decided not to squander more taxpayer dollars and muddy the waters on a matter the courts have decided unanimously. We continue to celebrate the end of a ban that has literally torn families apart and denied children permanent loving homes for over 33 years. The courts have been clear that this ban is irrational and puts anti-gay prejudice ahead of the needs of children.”


Towleroad News #gay

—  admin

The Politician Calling On Barack Obama Not To Appeal DADT Is a Republican?

Gary Johnson, the anti-tax crusader and former New Mexico governor (until 2003), is a big giant Republican. (I hear some people are born with it.) But that's not keeping him from lashing out against Don't Ask Don't Tell and insisting the White House let Judge Phillips' "ruling stand and move on. … Don’t Ask, Don’t Tell has always been wrong and it is still wrong." As with any Republican willing to open his mouth, Johnson's name is being floated as a potential 2012 president candidate, but he'll have to get through Ron Paul first.


Permalink | 17 comments | Add to del.icio.us


Tagged: , , , ,

Queerty

—  John Wright