Tag Archives: U.S. Court of Appeals

4th issue erupts in Prop 8 case

The court battle over Proposition 8 has escalated yet another step—now over a First Amendment issue. Two days after attorneys for proponents of California’s ban on same-sex marriage filed a motion seeking to have a videotape of the landmark Proposition 8

Prop 8 arguments: Feisty questions on standing and merits for both sides

SAN FRANCISCO -- Famed attorney Ted Olson told a 9th Circuit U.S. Court of Appeals panel Monday that the reason proponents of Proposition 8 have proffered to justify their ban on same-sex marriage is "nonsense."

Prop 8 challengers want ‘maximum impact’

The legal team challenging Proposition 8 in California has argued that proponents of the anti-gay measure don’t have legal standing to appeal a federal judge’s ruling last August that the initiative banning same-sex marriage is unconstitutional. But attorney Ted Boutrous,

DOJ: will appeal DOMA cases

The U.S. Department of Justice on Tuesday filed notice to a federal district court in Boston that it does intend to appeal the court’s decision in two cases testing the constitutionality of the Defense of Marriage Act.

First Amendment fights to dominate high court

There are some important First Amendment cases coming before the U.S. Supreme Court in the session that begins today. The most important case for the LGBT community at the moment is Snyder v. Phelps, which the court will hear on

DADT unconstitutional, says federal judge

A U.S. District Court judge in California Thursday declared the military’s “Don’t Ask, Don’t Tell” policy unconstitutional, saying it violates both the First and Fifth Amendments.

Schwarzenegger under pressure from Republicans to defend Prop 8

Supporters of Proposition 8 this month conjured up the ghost of Ronald Reagan to defend the voter-approved state constitutional amendment banning same-sex marriage. But, so far, it hasn’t worked.

Clock ticking down on DOMA cases

It’s been 40 days since U.S. District Court Judge Joseph Tauro ruled—in two cases—that the federal benefits provision in the Defense of Marriage Act is unconstitutional. But the Department of Justice has still not indicated whether it intends to appeal

9th Circuit extends stay, expedites appeal

A three-judge panel of the 9th Circuit U.S. Court of Appeals issued an order granting Yes on 8’s request for a stay of Judge Vaughn Walker’s ruling that Proposition 8 is unconstitutional.

Federal Judge Rules Part of DOMA Unconstitutional

In an enormous victory for same-sex marriage, a federal judge in Boston today ruled, in two separate cases, that a critical part of the federal Defense of Marriage Act unconstitutional.