Tag Archives: Ninth Circuit Court

NEVADA: Dem AG Files Brief Comparing Same-Sex Marriage To Incest & Bigamy

Democratic Nevada Attorney General Catherine Masto has filed a brief to the Ninth Circuit Court of Appeals in which she compares same-sex marriage to bigamy and incest. Chris Johnson writes at the Washington Blade: Evan Wolfson, president of Freedom to Marry, took Masto to task for making an implicit comparison between same-sex marriage and bigamy or incest while saying she …

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Ninth Circuit Court Invokes Heightened Scrutiny In Ruling On Booting Gay Jurors

Chris Geidner reports at Buzzfeed: A federal appeals court Tuesday held that lawyers cannot exclude potential jurors from a jury based on their sexual orientation. The 9th Circuit Court of Appeals, in a unanimous decision, held that discrimination based on sexual orientation is subject to heightened scrutiny — a decision the court concluded has been made in action, though not …

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Sociology Group Files Amicus Brief Against Marriage Bans In Nevada & Hawaii

From their website: The American Sociological Association (ASA) filed an amicus brief with the U.S. Court of Appeals for the Ninth Circuit today supporting efforts to overturn gay marriage bans in Nevada and Hawaii and highlighting the overwhelming body of social science research that confirms “children fare just as well” when same-sex or heterosexual parents raise them. The Ninth Circuit …

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NEVADA: Lambda Legal Takes Marriage Equality Appeal To Ninth Circuit Court

Via press release: Today Lambda Legal filed its opening brief with the Ninth Circuit Court of Appeals in a case on behalf of eight same-sex couples challenging the amendment to Nevada’s constitution and other state laws banning marriage for same-sex couples. “The world has changed dramatically since we filed this lawsuit over a year ago,” said Tara Borelli, Staff Attorney …

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CALIFORNIA: Liberty Counsel Appeals Loss Over Bill That Bans “Ex-Gay” Torture

As expected, the Liberty Counsel has filed an en banc appeal with the Ninth Circuit Court, demanding that the full Court reconsider the slap down given them by a three-judge panel of the same Court in their bid to block California’s ban on the “ex-gay” torture of minors. Mathew Staver, chief counsel of Liberty Counsel, said the minors he represents …

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CALIFORNIA: Appeals Court Upholds Law Banning “Ex-Gay” Torture For Minors

The Ninth Circuit Court of Appeals has rejected the attempt to block California’s law that bans “ex-gay” torture for minors. In resolving two separate legal challenges to the new law, the 9th U.S. Circuit Court of Appeals rejected the arguments of a group of therapists and families who sued to block its enforcement. The three-judge panel was unanimous in upholding …

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Protect Marriage Files “Emergency” Petition To SCOTUS Demanding Reversal Of Lifted Stay On Prop 8 Overturn

Via press release from Protect Marriage: Today our Prop 8 Legal Defense Team filed an emergency petition to U.S. Supreme Court to stop the Ninth Circuit’s premature move requiring same-sex “marriage” licenses in California. The petition, prepared overnight by our good friends at Alliance Defending Freedom, was submitted Saturday to Justice Anthony Kennedy, the associate justice who decides such motions …

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BREAKING: Ninth Circuit Lifts Prop 8 Stay, Gay Marriage Returns To California!!!

The Los Angeles Times reports: The U.S. 9th Circuit Court of Appeals on Friday cleared the way for gay marriages to resume in California. The court lifted its stay on an injunction which ordered state officials to stop enforcing Proposition 8. With the court’s action, counties can now begin issuing same-sex marriage licenses. A spokesman for the U.S. 9th Circuit …

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Federal Appeals Court Rules Customers Can Sue Stores For False Discount Claims

The Ninth Circuit Court of Appeals has ruled that customers are entitled to sue retailers who inflate prices in order to claim massive sale discounts. The ruling came in the case of a California man who sued Kohl’s over luggage and shirt prices. “Price advertisements matter,” Judge Stephen Reinhardt wrote for a three-judge panel. “When a consumer purchases merchandise on …

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OREGON: Ninth Circuit Court Judge Calls Same-Sex Marriage Ban Unconstitutional

Ninth Circuit Court Judge Harry Pregerson yesterday ruled in favor of an Oregon lesbian who has been denied federal health benefits for her partner. The judge’s ruling does not overturn Oregon’s 2004 ban on same-sex marriage. Pregerson ruled on a narrow personnel case in which Alison Clark appealed the denial of benefits for her partner, Anna Campbell, under the Federal …

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San Francisco Asks Appeals Court For Advance Notice Of New Weddings

As we oh-so-anxiously await tomorrow’s news from the Supreme Court, Buzzfeed reporter Chris Geidner notes that the city of San Francisco is asking for a 24-hour advance notice on the possible ruling that again allows same-sex weddings in California. The city asked for the notice in a letter from Chief Deputy City Attorney Therese M. Stewart to the Ninth Circuit …

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GOP Senators File DOMA Amicus Brief

Yesterday ten GOP Senators filed an amicus brief is support of the DOMA case currently before the Ninth Circuit Court of Appeals. Throwing a party for Orrin Hatch and other GOP U.S. senators? Better not invite U.S. District Judge Jeffrey White of San Francisco. Hatch and nine other senators who voted for the Defense of Marriage Act in 1996 filed …

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BREAKING: Ninth Circuit Court Of Appeals DENIES Rehearing Of Proposition 8

Here’s the ruling: The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the non-recused active judges in favor of en banc consideration. Fed. R. App. P. 35. The petition for rehearing en banc …

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Ninth Circuit Likely To Rule Tomorrow On Rehearing Prop 8 With More Judges

The Ninth Circuit Court of Appeals has issued an alert that a ruling will come tomorrow on whether to rehear Prop 8 with a larger panel of judges. Insiders speculate: KQED’s Scott Shafer said this is almost surely the decision on whether to rehear the case en banc. An en banc panel is made up of 11 judges, chosen at …

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DOJ Demands Faster Action On DOMA

In what is being described as a highly unusual request, the Department of Justice has asked the Ninth Circuit Court of Appeals to speed up its review of the constitutionality of DOMA, a move that may see the critical Section 3 of the bill completely overturned by the November election. Chris Geidner reports at Metro Weekly: Calling the resolution of …

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Boehner Appeals Latest DOMA Ruling

On Wednesday a federal court struck down Section 3 of DOMA as unconstitutional. Today GOP House Speaker John Boehner ordered that ruling appealed. In court papers, a group of congressional Republicans defending the federal gay marriage ban revealed they are appealing the ruling to the 9th U.S. Circuit Court of Appeals. The 9th Circuit will become the second federal appeals …

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Prop 8 Backers Want En Banc Review

The proponents of Proposition 8 intend to appeal for an en banc ruling from the full Ninth Circuit Court. Earlier this month a three-judge panel of Ninth Circuit members voted to uphold the overturn of Prop 8. Chris Geidner explains at Metro Weekly: Usually, en banc review involves all of the active judges on the court, but the Ninth Circuit …

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LIVE VIDEO: Prop 8 Press Conference

Scheduled start is 10:30AM Los Angeles time. UPDATE: It looks like AFER is having some problem with their UStream feed. Stand by…

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Read The Full Prop 8 Decision

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Prop 8 Stay Remains In Place

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