Tuesday, November 30, 2010

Prop 8 Trial on Monday!

Well its back in court again folks. Arguments are to be heard on Monday at 10:00am PST, 1:00pm EST.
The first hour will be devoted to whether or not it can be appealed.

"Legal standing issue: Not just anybody can initiate a lawsuit and appeal the decision, but courts err on the side of allowing a party to appeal. Nevertheless, a party or parties seeking to appeal must still show they are at least vulnerable to an “actual” injury because of the decision below. That injury can include an economic one but it has to be an injury more “concrete” than the fact that appellants disagree with the lower court decision. Proponents will argue that because they were allowed standing in the U.S. District Court, they should naturally have standing on appeal.

The merits: Two provisions of the U.S. Constitution’s 14th Amendment are at issue, both encompassed in this language: “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Concerning due process, a state cannot deny citizens a fundamental right, including the right to marry, unless it can show a compelling reason to do so. U.S. District Court Judge Vaughn Walker said Proponents failed to establish “any historical purpose for excluding same-sex couples from marriage, as states have never required spouses to have an ability or willingness to procreate in order to marry.”
With equal protection, the government may not treat one group of citizens with less favor than others unless it has a reason to do so. It may not treat oppressed minorities with less favor unless it has a compelling reason to do so. Judge Walker ruled that gays and lesbians are an oppressed minority and that Proponents failed to establish evidence of even a simple, rational reason to treat them differently, much less a compelling one"
Then the second hour will be dedicated to arguments for and against.
The three judges have already been identified. And the odds are in our favor. Ironically the one Republican Judge is a alumni to Brigham Young Law School. A well affiliated institution with the Mormon Church. Chief proponents of proposition 8.

Here is more info:

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