Posted on Friday, December 10th at 5:29am
Dr. Jennifer Roback Morse--Dr. J--of NOM's Ruth Institute interviews Austin Nimocks--senior legal counsel at the Alliance Defense Fund (ADF) and member of the Prop8 legal team--about the national implications if Prop8 were overturned and the reasons he believes that the pro-traditional marriage argument will carry the day in court and around the nation. Click the player below to hear Austin's insightful points.
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Posted on Thursday, December 09th at 12:48pm
One intriguing question in the Perry arguments was whether voters had done something wrong in "taking away" a briefly established scheme of "marriage" for persons engaged in homosexual behavior. To give some context to this line of questioning, the court was focusing on a brief window of approximately four months between the time the California Supreme Court (CSC) imposed same sex "marriage" and the effective date of voter-enacted Proposition 8, an amendment to the state constitution that restored the definition of marriage in California. Since some same-sex couples were allowed to "marry" during this time, the argument claims the mean-spirited voters obviously intended to take away this "right." In other words, the voters knew it existed, didn't like it, and acted accordingly.
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Posted on Tuesday, December 07th at 7:43am
After the arguments today, Dr. Morse sat down with ProtectMarriage Chairman Ron Prentice to get his reaction. Listen in.
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Posted on Monday, December 06th at 7:39pm
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Posted on Monday, December 06th at 2:47pm
Yes, there is some good news about Judge Stephen Reinhardt being one of the 3 judges drawn at random to hear the Prop 8 case in the Ninth Circuit Court of Appeals. Some people are worried about this, since he is notoriously liberal. His wife also has significant connections to the case, which some argue should be grounds for recusal.
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Posted on Monday, December 06th at 1:52pm
The National Organization for Marriage (NOM) today decried the hearing to determine the constitutionality of Proposition 8, California's constitutional amendment providing that marriage is only the union of a man and a woman. NOM is protesting the involvement of Judge Stephen Reinhardt because Reinhardt's wife has been involved in the case from the beginning as the Executive Director of the ACLU of Southern California.
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Posted on Monday, December 06th at 12:33pm
Dr. J chats with Bruce Hausknecht of Focus on the Family before the Prop 8 arguments in San Francisco today, previewing the arguments, recusal, and appellate process.
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Posted on Monday, December 06th at 12:04pm
Cooper is now referring to the 8 appellate state and federal courts that have addressed these cases, which have upheld the traditional marriage, and rejected the 14th amendment arguments. He is specifically mentioning Baker v Nelson.
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Posted on Monday, December 06th at 11:56am
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Judge Smith asks: What is the rational basis for having a ballot initiative for the word “marriage” when the state of CA already allows homosexual couples to become parents?
Cooper answers: The word is the institution. Removing gender from marriage changes the institution of the marriage.
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Posted on Monday, December 06th at 11:54am
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I chatted with John Eastman during the break. His take on the proceedings so far is that he thinks Reinhardt wants to write the opinion on this case. Therefore, he will give standing to the proponents so he can write the opinion.
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Posted on Monday, December 06th at 11:25am
10:30 am David Boies
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Posted on Monday, December 06th at 11:23am
10:50 AM: -- Judge Smith (I think): Haven’t the AG and the governor nullified the effect of the efforts of the voters and Proponents of Prop 8 by not bringing the appeal? Reinhardt is chiming in against Boies as well. “AG failing to defend the initiative is not consistent with the purpose of the initiative system. The governor is not explicitly allowed to veto the initiative, but he and the Attorney General are doing so indirectly by failing to defend it.”
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Posted on Monday, December 06th at 10:46am
This is the first part of the day’s work, dealing with the jurisdictional issues. Chuck Cooper is at the podium. Do the proponents of Prop 8 have standing to appeal Judge Walker’s overturn? Cooper says the issue is controlled by Karcher v May. Question from the bench, about when did Karcher occur relative to the AZ case. Cooper is saying Karcher is more relevant than AZ for English.
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Posted on Monday, December 06th at 10:30am
Oral arguments in the Prop 8 case begin at 1pm ET/ 10am PT today! We'll be streaming it live at www.Prop8case.com, together with live courtroom reporting from Dr. Jennifer Roback Morse, president of NOM's Ruth Institute, including liveblog & twitter updates and video reaction following the arguments.
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Posted on Monday, December 06th at 10:27am
9:30 AM Dec 6, 2010 -- We all got in and are settled. Our little group is in the front of the courtroom, on the side for Proponents (meaning Proponents of Prop 8.) It is kind of like a wedding: bride’s family on one side, groom’s family on the other. Come to think of it, maybe that’s not the best comparison. Hummm.
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