This is a bit of a surprise. In a move that buys time before the ultimate reckoning from the Supreme Court, the proponents of Proposition 8 asked for an en banc re-hearing of their case before the full Ninth Circuit. This will add a step to the legal outcome of Prop 8, which a three-judge panel on the Ninth Circuit just ruled in violation of federal law.

Supporters of Proposition 8, the California initiative banning marriage equality, which was declared unconstitutional by the Ninth Circuit Court of Appeals yesterday, plan to take their fight directly to the Supreme Court, if their reaction to yesterday’s ruling is accurate. Their statements trashed the Ninth Circuit and said they always believed the issue should be settled by the Supreme Court.

The Ninth Circuit Court of Appeals found California’s Proposition 8 unconstitutional this morning, relying on arguments used by Supreme Court Justice Kennedy in another case. This furthers a process that will almost certainly end in the Supreme Court, with a precedent-setting ruling on the right of same-sex couples to marry. However, the ruling today is limited to the circumstances of the California initiative.

The cast for the West Coast one-night production of Dustin Lance Black’s “8″ has been announced, and it’s rather hottie-intense.

Academy Award winning screenwriter Dustin Lance Black’s play 8 covering the Proposition 8 hearings starring Morgan Freeman, Anthony Edwards, Cheyenne Jackson, Christine Lahti, Rob Reiner, Yeardley Smith and Marisa Tomei hits Broadway on September 19 in a one-time staged reading at the Eugene O’Neil Theater to benefit the American Foundation for Equal Rights. Tickets start at $500.

If Walker would have to recuse because he is gay and in a relationship, would a judge in a heterosexual marriage also have to recuse? Would he not have to recuse if he merely cruised from club to club every night and didn’t have a long-term partner? Could only a confirmed bachelor or bachelorette who vowed never to marry, and thus not have their marriage threatened by a same-sex couple, have the distance necessary to judge? Can a woman not fairly judge a gender discrimination case? Can any judge over the age of 65 not fairly rule in an age discrimination case?

The DOMA battle has moved to the US 1st Circuit Court of Appeals, and the DOJ has filed their brief. In short, the brief whines about the burdens a DOMA-less world would place on the federal government, and argues that things would be so much simpler if we just maintained the 1996 status quo until things shake out.

With logic like that, we’d never have Medicare, Medicaid, or marriages of couples from different racial backgrounds.

Stay classy, DOJ, as you argue from your position of privilege.

We have unexpectedly quick news out of the 9th Circuit Court of Appeals on the Perry v. Schwarzenegger Proposition 8 marriage equality appeal. As you will recall, the case is in the 9th on appeal from the three week long evidentiary trial in the Northern District of California last January in front of Judge Vaughn Walker with closing arguments made on June 16 (summary of EW live coverage here) and Judge Walker’s opinion finding such marriage discrimination unconstitutional was issued on August 4th.
The current appeal had oral argument less than a month ago, on Monday December 6th.

Now we have the surprisingly fast first decision, if you can call it a “decision”. It is really a disguised punt.

Liveblogging the oral arguments in the appeal to the Ninth Circuit Court of Appeals, Perry v. Schwarzenegger.

Liveblogging the oral arguments in the appeal to the Ninth Circuit Court of Appeals, Perry v. Schwarzenegger.