Prop 8 Watch. Grab your popcorn, kids!

[DiscoUkulele]

Proposition 8 Decision Coming Tomorrow (8/4/2010)

On August 4, 2010, the court will issue its written order containing findings of fact and conclusions of law following the court trial held in January and June of this year. The order will be e-filed in the court's Electronic Case Filing system, and will be immediately available thereafter through ECF and PACER. There will be no court proceeding associated with the publication of the order."

[DiscoUkulele]

Update: The ruling should be out in about 3 hours. The defendants (Yes on 8 ) have filed a preliminary Motion to Stay. Meaning if Prop 8 is ruled unconstitutional, they don't want couples to be allowed to get married until this issue finishes it's trek through the court system, which will take years.

Prop 8 is predicted to be overturned, but if this Motion to Stay is granted, it would be devastating.  

[Adios]

Update: The ruling should be out in about 3 hours. The defendants (Yes on 8 ) have filed a preliminary Motion to Stay. Meaning if Prop 8 is ruled unconstitutional, they don't want couples to be allowed to get married until this issue finishes it's trek through the court system, which will take years.

Prop 8 is predicted to be overturned, but if this Motion to Stay is granted, it would be devastating.  

It would seem to me that if found unconstitutional then a stay will not be awarded.

[DiscoUkulele]

Update: The ruling should be out in about 3 hours. The defendants (Yes on 8 ) have filed a preliminary Motion to Stay. Meaning if Prop 8 is ruled unconstitutional, they don't want couples to be allowed to get married until this issue finishes it's trek through the court system, which will take years.

Prop 8 is predicted to be overturned, but if this Motion to Stay is granted, it would be devastating.  

It would seem to me that if found unconstitutional then a stay will not be awarded.

Not necessarily. It all depends on what the judge wants to do. The defendants are trying to say that it would cause a difficult administrative limbo if Californians (yet again) are allowed to marry for a brief window until a future court strikes down marriage again.

[Jenne]

So, I asked my former-city of SF-attorney brother in law what he thought was happening with this: he says this judge will probably find for the opponents to Prop 8 based on the unconstituionality.  Then, this will get Meg Whitman elected Governator.  Then, it will be brought all the way to SCOTUS and eventually thrown out.

That's his prediction, and he's pretty dead -on with this shit.

[Adios]

Update: The ruling should be out in about 3 hours. The defendants (Yes on 8 ) have filed a preliminary Motion to Stay. Meaning if Prop 8 is ruled unconstitutional, they don't want couples to be allowed to get married until this issue finishes it's trek through the court system, which will take years.

Prop 8 is predicted to be overturned, but if this Motion to Stay is granted, it would be devastating.  

It would seem to me that if found unconstitutional then a stay will not be awarded.

Not necessarily. It all depends on what the judge wants to do. The defendants are trying to say that it would cause a difficult administrative limbo if Californians (yet again) are allowed to marry for a brief window until a future court strikes down marriage again.

That may be their argument but no decent judge would allow something to stand once they have found it unconstitutional. It would fly in the face of their own ruling.

[Adios]

So, I asked my former-city of SF-attorney brother in law what he thought was happening with this: he says this judge will probably find for the opponents to Prop 8 based on the unconstituionality.  Then, this will get Meg Whitman elected Governator.  Then, it will be brought all the way to SCOTUS and eventually thrown out.

That's his prediction, and he's pretty dead -on with this shit.

Meaning SCOTUS will throw out Prop 8?

[Jenne]

So, I asked my former-city of SF-attorney brother in law what he thought was happening with this: he says this judge will probably find for the opponents to Prop 8 based on the unconstituionality.  Then, this will get Meg Whitman elected Governator.  Then, it will be brought all the way to SCOTUS and eventually thrown out.

That's his prediction, and he's pretty dead -on with this shit.

Meaning SCOTUS will throw out Prop 8?

After a LOOOONG ass protracted argument, yes.

[Adios]

So, I asked my former-city of SF-attorney brother in law what he thought was happening with this: he says this judge will probably find for the opponents to Prop 8 based on the unconstituionality.  Then, this will get Meg Whitman elected Governator.  Then, it will be brought all the way to SCOTUS and eventually thrown out.

That's his prediction, and he's pretty dead -on with this shit.

Meaning SCOTUS will throw out Prop 8?

After a LOOOONG ass protracted argument, yes.

What do you think are the chances the judge will award a stay?

[Jenne]

So, I asked my former-city of SF-attorney brother in law what he thought was happening with this: he says this judge will probably find for the opponents to Prop 8 based on the unconstituionality.  Then, this will get Meg Whitman elected Governator.  Then, it will be brought all the way to SCOTUS and eventually thrown out.

That's his prediction, and he's pretty dead -on with this shit.

Meaning SCOTUS will throw out Prop 8?

After a LOOOONG ass protracted argument, yes.

What do you think are the chances the judge will award a stay?

Dan (my bil) said he won't.  He'll rule for the amendment opposers and that will put it in the pro-Prop 8 camp's court.

[Jenne]

...and just to confuse anyone else coming onto the scene further:  pro-Prop8 = anti-gay marriage.

[DiscoUkulele]

So, I asked my former-city of SF-attorney brother in law what he thought was happening with this: he says this judge will probably find for the opponents to Prop 8 based on the unconstituionality.  Then, this will get Meg Whitman elected Governator.  Then, it will be brought all the way to SCOTUS and eventually thrown out.

That's his prediction, and he's pretty dead -on with this shit.

Meaning SCOTUS will throw out Prop 8?

After a LOOOONG ass protracted argument, yes.

What do you think are the chances the judge will award a stay?

Dan (my bil) said he won't.  He'll rule for the amendment opposers and that will put it in the pro-Prop 8 camp's court.

I certainly hope not. 

[Adios]

So, I asked my former-city of SF-attorney brother in law what he thought was happening with this: he says this judge will probably find for the opponents to Prop 8 based on the unconstituionality.  Then, this will get Meg Whitman elected Governator.  Then, it will be brought all the way to SCOTUS and eventually thrown out.

That's his prediction, and he's pretty dead -on with this shit.

Meaning SCOTUS will throw out Prop 8?

After a LOOOONG ass protracted argument, yes.

What do you think are the chances the judge will award a stay?

Dan (my bil) said he won't.  He'll rule for the amendment opposers and that will put it in the pro-Prop 8 camp's court.

That's what I thought as well, as he should. IF he finds for unconstitutionality then it could only place the burden back on the Prop 8 people.

[DiscoUkulele]

We're officially in the decision window. The judge's ruling (and response to the Motion for Stay) could come out at any time.



No whammy, no whammy, no whammy...

[DiscoUkulele]

Fuckin' A!

Judge Walker HAS overturned Proposition 8, and he appears to have rejected the defense's motion for stay (I'm making my way through the 136 page ruling for confirmation). If so, that means same-sex couples in California CAN get married again until a higher court states otherwise.