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9th Circuit schedules arguments for Dec. 8 regarding motion to vacate Judge Walker’s decision

November 26, 2011

9th Circuit Court of Appeals Prop 8 trial

By Jacob Combs

Thanks to Kathleen, as always, for sending this our way.  The 9th Circuit has set a hearing for December 8 at 3:30 pm for oral arguments regarding ProtectMarriage.com’s motion to vacate Judge Walker’s ruling striking down Proposition 8.  (For background on the case and more information regarding the motion to vacate, check our post here.)

December 8 is also the day that both parties will present arguments to the 9th Circuit panel about Judge Ware’s decision to unseal the Perry trial recordings.  That hearing is scheduled for 2:30 pm, so the panel is essentially consolidating all the different elements of the case into one court date. As usual, Courage Campaign’s Rick Jacobs and Arisha Michelle Hatch will be on hand to live-blog both hearings here on Prop8TrialTracker.com.

With a time for both of these hearings set, it appears increasingly unlikely that the appeals court will have another hearing on the merits of the case.  Since all of the various motions and appeals will be fully argued on December 8, we can most likely expect a decision on the main appeal, the motion to vacate and the trial recordings anytime after that day.

39 Comments Leave a Comment

  • 1. Ann S.  |  November 26, 2011 at 9:07 am

    3:30 — didn't it used to be 2:30? Or am I out of it? (The latter is entirely possible.)

  • 2. DaveP  |  November 26, 2011 at 9:33 am

    2;:30 for the hearing to release the tapes, 3:30 for the motion to vacate. See y'all there!

  • 3. Str8Grandmother  |  November 26, 2011 at 10:19 am

    Good. Forward and Onward!

  • 4. Ann S.  |  November 26, 2011 at 10:58 am

    Thanks, DaveP, for setting me straight (so to speak)!

  • 5. Rob In CA  |  November 26, 2011 at 11:43 am

    Here's an article that affected me deeply from today's NY Times. Welcome to NOM's world.
    http://www.nytimes.com/2011/11/27/us/transgendere

  • 6. Kate  |  November 26, 2011 at 11:50 am

    Rob, I'm blocked from NOMblog. Since you're able to post and just did about Canada confirming that polygamy is outlawed there, could you ask the NOMbies how they justify outlawing polygamy when it is active and well in the FLDS communities there? (As well as in this country.) Isn't that suppressing religious freedom?????? My guess is that the regulars there will respond with something to the effect of it only matters with "real" religions……..

  • 7. Rob In CA  |  November 26, 2011 at 12:46 pm

    Hi Kate. I'm not the Rob who posted the piece on NOM's blog so I can't comment for him but I certainly get the logic of your question. Unfortunately logic has nothing to do with NOM's philosphy. The only religious freedom they understand is their own. No one elses matters.

  • 8. Ed in Lafayette  |  November 26, 2011 at 12:59 pm

    OT,but Maggie says its not bigoted to call different things differently…..well, ok. So lets try a different word for her. She is a bigot no more. What she is instead, is an oppressor.

    Maggie speaking….

    Yes, I know you are your partner paid into Social Security, but ya'll can't claim the benefits after death (oppressed).

    Yes, I know ya'll say ya'll are married, but ya'll really aren't…(oppressed)

    Yes, I know ya'll think ya'll are doing a great job of raising your little girl, but not really (oppressed)

    Yes, I know ya'll want to have a seat at the Marriage table, but nope, you can't (oppressed)

    I think Maggie would be glad to no longer be referred to as a bigot, I mean after all, she says she isn't one. Thoughts on Maggie the Oppressor?

  • 9. Ed Cortes  |  November 26, 2011 at 1:31 pm

    We just watched a DVD called Two Spirits last night. I was about a young Navajo man who was beaten to death, and about the acceptance of two-spirited people by Native Americans. It was very powerful.

  • 10. Bob  |  November 26, 2011 at 1:47 pm

    ditto,,,,, forward, onward,,,,

  • 11. Bob  |  November 26, 2011 at 1:53 pm

    Kate,, glad someone posted about the laws banning polygamy in Canada,, being upheld, by B.C supreme court,,, they did in fact state that it did infringe somewhat upong Religious Freedom, but found it necessary, saying that harm was less, than the harm inflicited on women and children,,,, also polygamy is a crime , except that it is to be understood that the children (victims) would not be charged with the crime, only adults,,,,

    Interesting that they did infringe on religious freedoms,, glad for that,,, those freedoms stop, when it harms others…

  • 12. Kate  |  November 26, 2011 at 2:03 pm

    Of course I agree with you, Bob. I'm just wondering how the NOMbies can handle shouting "religious freedom!!!" out of one side of their mouth and "no polygamy" out of the other.

  • 13. Bob  |  November 26, 2011 at 2:11 pm

    I think the Mormon church as a whole stopped the practice of polygamy ,,, it's only the break away sects. that are doing it,,, so the Nombies distance themselves that way???

  • 14. Bob  |  November 26, 2011 at 2:13 pm

    maybe some of our mormon mom's on this site can explain more

  • 15. Kate  |  November 26, 2011 at 3:56 pm

    The Fundie Mormans are the ones who stuck with the original teachings pf polygamy when the church split over the issue. The main church agreed to give up polygamy to join the Union as the state of Utah, and the others left to cling to fundamentalist Mormon dogms. But since it's a religious issue for the FLDS, I still wonder how the NOMbies can ignore that reality. I think you're right that they just say something like, "oh, but the polygamists are just cults," despite them being the ones following the original tenants of the Mormon church. (Including, incidentally, blood atonement……)

  • 16. Kate  |  November 26, 2011 at 4:15 pm

    jeez; I should have signed in so I could use the "edit" button — I'm chagrined at how many typos there are in my post. (Especially "tenants"!!!!)

  • 17. Bob  |  November 26, 2011 at 4:21 pm

    yeah,, the real interesting thing is that they did change the definition of marriage

  • 18. Walter  |  November 26, 2011 at 4:21 pm

    Oregon is becoming fed up with some of these religious cults as well, particularly when they harm children.
    http://www.oregonlive.com/oregon-city/index.ssf/2

  • 19. Kate  |  November 26, 2011 at 4:29 pm

    Perfect — good catch, Bob!!!!!!

  • 20. Ronnie  |  November 26, 2011 at 4:42 pm

    Subscribing & sharing………

    - Op-ed: Equality for us Means Equality for Everyone
    Organizers with GetEQUAL Texas answer a question they’ve been getting: why should LGBT people care about immigration reform?: http://www.advocate.com/Politics/Commentary/Oped_

    "The answer is simple: because lesbian, gay, bisexual, transgender and queer people are part of the fabric of every American demographic and, therefore, are subject to all aspects of injustice. We are black, Asian, Latino, white, poor, rich, differently-abled and, yes, undocumented. It would be foolish not to support the best and the brightest undocumented youth in our country. And it would be inhumane to look the other way while a corporation continues its anti-LGBTQ, anti-environment, anti-woman, anti-minority and – as the Occupiers would say – anti-99% crusade."

    - 'Glee,' 'True Blood,' 'Modern Family' Top List Of Favorite TV Shows With Gay Characters: http://www.ontopmag.com/article.aspx?id=10169&amp

    - Lady Gaga Surprises High School Student with Anti-Bullying VIDEO: http://www.towleroad.com/2011/11/stpierre.html

    "Lady Gaga surprised a Canadian high school student by responding to his request for a video speaking out against bullying, the Canadian Press reports: School principal Rob MacKinnon said Lady Gaga recorded the video message after student council president Jacques St. Pierre wrote a letter to her several months ago, asking for a word of support for the equality assembly."

    - &…. It Gets Better performance at the 2011 Capezio A.C.E. Awards"………… <3…Ronnie:
    [youtube 6DDCwuc0xbo http://www.youtube.com/watch?v=6DDCwuc0xbo youtube]

  • 21. Sagesse  |  November 27, 2011 at 8:04 am

    Your smile for the day.

    "Oppugnation" is an archaic word for opposition. Makes me think of Andy Pugno, and giggle uncontrollably.

  • 22. Rich  |  November 27, 2011 at 9:12 am

    A beautiful and haunting dance routine. Thanks Ronnie.

  • 23. Sheryl_Carver  |  November 27, 2011 at 10:30 am

    Would "oppugnation" also refer to a "nation of Pugno relatives?" Scary thought, that.

  • 24. Bob Barnes  |  November 27, 2011 at 12:03 pm

    OT but a share you should see.

    Matt Barber is putting a spin on FBI hate crime stats as reported by the MSM.
    http://www.onenewsnow.com/Culture/Default.aspx?id

  • 25. _BK_  |  November 27, 2011 at 12:43 pm

    Hey, does anyone know about the effort to air the GetUp Australia marriage equality ad on television? I heard that some people were trying to air it in Australia this next week, and in the US during the Superbowl. That would be incredible, but so far it's only a rumor. Thanks for any help!

  • 26. Bob  |  November 27, 2011 at 1:38 pm

    interesting,,,, wonder what would have happened if they had relied on the freedom of religion clause????

    we expect the Canadian case banning polygamy to go to the Canadian Supreme Court,,, I like the ruling so far,,, "saying Freedom of Religon" can be overuled when it inflicts harm on others,,, that would be a positive way to look at "Freedom of Religion" I haven't been following the case in Saskatechewan, but believe it said something similar,,, about your beleifs and expressing them,,, amongst yourselfves but stops at expressing outward hatred to other groups,,, certainly that wouldn't have any impact at all on most religious practices, which promote love and goodwill….

  • 27. Carpool Cookie  |  November 27, 2011 at 3:09 pm

    Maggie is not LDS. (LSD-fried, maybe, but not LDS.)

    I wonder if it might have made her a bit more tolerant and loving if she were Mormon…as while I don't LIKE that church or its bloody history, the modern day members are often looked down on by outsiders, and it might have taught her a drop of compassion.

  • 28. loaferguy  |  November 27, 2011 at 4:22 pm

    The people who are trying to get this to air on American television have a Facebook page with more info:
    https://www.facebook.com/itstimeequality

    From their page:

    "We spoke to GetUp! via Skype last night in Australia and they're very interested in our initiative! Stay tuned for more details and continue to share this page with your friends!"

    Air GetUp's Marriage Equality Ad on National Television in the U.S.

    Four easy steps for getting this ad on the air in the United States:

    (1) Post this Facebook page on your profile. Tweet it! Tumblr it! Google it! Anything whatsoever to maximize the exposure of this page.

    2) "Like" this comment in The Advocate comment section. The more likes it gets, the longer it stays at the top of the post!
    http://bit.ly/vB3sNe

    (3) Email GetUp! to let them know we want their ad on the air on the other side of the Pacific. We need their permission to use their ad!

    media@getup.org.au

    (4) "Follow" this fundraising page. If/when we get the go ahead from GetUp!, this will be our fundraising platform.
    https://rally.org/itstimeequality

  • 29. Bob  |  November 27, 2011 at 6:14 pm

    thanks for that info, loaferguy,,, could Courage Campaign,,, do a full page post,,, it could be interesting to help make this push,,, everyone on here,,, try and see if we can work together to sponsor and ad, with a positive message,,, let's put some energy around this,,,,,,,,,,

  • 30. Sheryl, Mormon Mom  |  November 27, 2011 at 11:29 pm

    Actually, there are still a number of Christian religions that don't consider Mormons Christians and some still consider us a cult.

  • 31. AnonyGrl  |  November 28, 2011 at 7:10 am

    Just a practical note.

    Considering that a 30 second spot in the Super Bowl costs approximately $3 million, we would need to raise about $12 million to make this 2 minute spot air. If it were at all possible to get it aired as a public service announcement, I would say YES YES YES. It is a brilliant piece, and would be a wonderfully positive message to get out there.

    However, if we have to raise $12 MILLION to get it done, I would say that money might be better spent.

  • 32. DaveP  |  November 28, 2011 at 8:12 am

    Exactly. This would be a huge waste. Ads for marriage equality should be carefully targeted so they reach the right audience and only the right audience. For example, we don't need to air it in any state that already has marriage equality. It would be a far more efficient use of funds to air an ad like this on local affiliates (not networks) in states where marriage equality legislation is or may soon be pending, and air it during more affordable yet still very popular programs that are watched by the movable middle. You could run the ad many many times in all the right places for that same amount of money and still have enough left over to pay a years worth of operating expenses for several marriage equality orgs for a long time.

  • 33. AnonyGrl  |  November 28, 2011 at 9:38 am

    And technically it IS a public service announcement. That is the angle we should be pursuing. The Tim Tebow ad last time around fell under public service, and I don't know what the cost (if any) is for one of those.

  • 34. Bob  |  November 28, 2011 at 9:50 am

    agree Sheryl,,, that is why it is so interesting,, that the Catholic Church formed this unholy alliance,, using the Mormon money and resources, the way they did,,

  • 35. Bob  |  November 28, 2011 at 10:41 am

    better question? do Mormon's feel used by the Catholic Church in this situation,,,,,,,,

  • 36. Prop 8 Trial Tracker &raq&hellip  |  November 28, 2011 at 11:11 am

    [...] on Saturday, I posted about the 9th Circuit’s decision to hold oral arguments on Dec. 8 regarding the motion to [...]

  • 37. Sheryl, Mormon Mom  |  November 28, 2011 at 11:33 am

    My opinions only here. I think that one of the reasons the alliance happened was the Mormon church attempting to become mainstream. Don't think it worked or ever will work as we do believe so differently from other Christian religions. I wish the Mormon church did feel used but don't think they view it that way. Again, just my opinions.

  • 38. Sheryl, Mormon Mom  |  November 28, 2011 at 11:34 am

    Highly doubt that being a Mormon would have given Maggie a drop of compassion, too many Mormons that think like she does.

  • 39. Straight Dave  |  November 28, 2011 at 5:19 pm

    While I'm very sad that yet another child died, I am glad that someone finally had the courage to stand up and reject any so-called religious exemptions. For too long, we have allowed deluded people to operate under a double standard outside the law, resulting in harm to innocent others. That is just soooooo wrong, and we should be ashamed as a nation to have let such a twisted notion of religious freedom to persist into the 21st century. Bravo, Oregon!

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