Monday, August 16, 2010

No Counterfeit "Marriages" in CA for Now--Ninth Circuit Overrules Walker

The Ninth Circuit has reversed Walker's outrageous decision to allow same-sex "marriage" to be inflicted on the state while the case is being appealed. No big surprise.

"SAN FRANCISCO (Reuters) - A U.S. appeals court panel on Monday ruled that same-sex couples could not marry in California while the court considers the constitutionality of the state's gay marriage ban.

But the Ninth Circuit Court of Appeals panel set a relatively aggressive schedule for hearing the case, ordering lawyers to produce a series of briefs between Sept 17 and November 1.

The Monday decision by the appellate panel reverses a ruling last week by U.S. District Court Chief Judge Vaughn Walker, who had said marriages could resume while higher courts considered the matter."

UPDATE: Ed Whelan at National Review Online's "Bench Memos" continues his takedown of Judge Walker's behavior. Example:

"Back in January, Judge Walker originally arranged for the videotaping of the anti-Prop 8 trial as part of his unlawful plan to broadcast the trial. Walker’s broadcasting plans were ultimately thwarted by the extraordinary (and fully warranted) stay order by the Supreme Court in an opinion that was plainly a stinging rebuke of Walker’s lack of impartiality:

'The District Court attempted to change its rules at the eleventh hour to treat this case differently than other trials in the district. Not only did it ignore the federal statute that establishes the procedures by which its rules may be amended, its express purpose was to broadcast a high-profile trial that would include witness testimony about a contentious issue. If courts are to require that others follow regular procedures, courts must do so as well.'"

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