Category Archives: Appeals Court

Appeals Court Upholds Walker's Decision

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SAN FRANCISCO (AP) — A federal appeals court on Tuesday declared California’s same-sex marriage ban to be unconstitutional, putting the bitterly contested, voter-approved law on track for likely consideration by the U.S. Supreme Court. A three-judge panel of the 9th … Continue reading »


9th Circuit Smack Down: Keep Trial Tapes Secret

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The Chief Judge of California’s Northern District Court last year ordered video tapes of the Prop. 8 trial released. But a 3-judge panel of the 9th Circuit Court of Appeals today disagreed — and it wasn’t close. In a 3-0 … Continue reading »


Ethics of Prop. 8 Judge Weighed in Federal Appeals Court

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Judicial ethics and rules of disclosure require judges to reveal whether they have a personal interest in the outcome of a case before them. Supporters of Prop. 8 argue for that reason Judge Vaughn Walker should have disclosed he was … Continue reading »


Prop. 8's Long and Winding Road Continues

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It’s been exactly a year since a panel of 9th Circuit Court judges heard oral arguments on an appeal of Judge Vaughn Walker’s 2010 decision striking down Prop. 8 for violating the U.S. Constitution. No decision has been rendered on that … Continue reading »


9th Circuit: Don't release the trial tapes

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The 9th Circuit Court of Appeals isn’t known for being cautious or conservative. But the three-judge panel hearing the appeal of Judge Vaughn Walker’s decision striking down Prop. 8 issued an order stopping Friday’s scheduled release of the trial video … Continue reading »


Trial Videos Squabble A Warm Up to Main Event

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At today’s hearing on whether to release the Prop. 8 trial recordings, Federal Judge James Ware noted that on his way into the building this morning he saw a woman holding a sign that read “Free the Tapes.” That elicited giggles in … Continue reading »


Prop. 8 Standing Question a Close Call

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Months after agreeing to a request by the 9th Circuit Court of Appeals, the California Supreme Court has set a date (September 6th) for oral arguments to consider whether state law allows proponents of ballot measures to defend them in court when … Continue reading »


Will New York Break Gay Marriage Log Jam in CA?

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Friday’s dramatic passage of a law permitting same sex marriage in New York State raises the obvious question: What does this mean for California? The answer? A squishy “too soon to tell.”   New York has a set of circumstances unique … Continue reading »


9th Circuit Punts on Prop. 8 Tapes

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   The 9th Circuit of Appeals panel considering the appeal to Judge Walker’s ruling today declined to force him to return copies of the Prop. 8 trial videos. Instead, they issued an order kicking it back down to the District Court, … Continue reading »


Judge Fast Tracks Motion to Toss Ruling

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  James Ware, Chief Judge of the Northern District of California, today issued an order expediting the hearing schedule for efforts have Judge Walker’s Prop. 8 decision striking down Prop. 8 vacated. “Due to the nature of the Motion,” Ware wrote, “the … Continue reading »