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The federal prop 8 decision will be announced tomorrow

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dsc Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 06:23 PM
Original message
The federal prop 8 decision will be announced tomorrow
The federal court announced today that it will release its decision in the American Foundation for Equal Right’s landmark case, Perry v. Schwarzenegger, on Wednesday. Text “EQUAL” to 69866 to get a text message with the official decision on your mobile phone the moment the court releases its decision, or sign-up for an email alert at equalrightsfoundation.org. Join AFER on its Web site to watch a live press conference with our plaintiffs and co-counsels Ted Olson and David Boies following the release of the decision. As we receive news about the details of the release, AFER will update our Facebook and Twitter profiles, along with our Web site.

http://www.equalrightsfoundation.org/news/federal-court-to-release-its-decision-tomorrow/
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bluestateguy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 06:24 PM
Response to Original message
1. Let's just say (for argument's sake) our side wins
Does that mean that gays in California can now marry? At least while the appeals are going on?
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dsc Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 06:27 PM
Response to Reply #1
2. you know that is a good question
I am not really sure.
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Hawkeye-X Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 06:36 PM
Response to Reply #2
3. If the feds declare it unconstitutional, then the Prop 8 will cease to exist
reverting to previous law that allows for marriage - I believe that will be the case tomorrow.

It's a blatant violation of Constitution clearly and should be removed.

No further appeals will be needed, since the mor(m)ons will be flat broke and it only stands to affirm the 9th Circuit's decisions.

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FreeState Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 06:54 PM
Response to Reply #3
7. Its actually not the Mormons that are behind this case
The ones defending the law are the ones who ran the Yes on 8 campaign (the campaign was funded mostly by church members but it was run by a coalition of religions - mostly the Catholic Church and some Mega Churches. THe LDS Church was highly involved but kept a distance from the leadership, they were the money and the volunteers.)
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seattleblue Donating Member (437 posts) Send PM | Profile | Ignore Tue Aug-03-10 06:42 PM
Response to Reply #1
5. The judge would have the option to stay his decision
until the appeals court ruled on the case. Or he could refuse such a request. The appeals court would also have the option to issue a stay until they have ruled.
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FreeState Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 06:43 PM
Response to Reply #1
6. No matter the ruling it will be stayed immediately until appeal n/t
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slackmaster Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 06:56 PM
Response to Reply #1
8. Gay couples can marry in California right now
But the state won't recognize their marriages.
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NMMNG Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 06:59 PM
Response to Reply #8
9. Um, no
Gay couples can not currently marry in California. They can only get "Domestic Partnerships".
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bluestateguy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 07:01 PM
Response to Reply #8
10. Sure
They can have pretend weddings (if a clergyman is willing to perform it and their church/synagogue/whatever will recognize it), but the state will not recognize the "marriage", and I put "marriage" in quotes because it would be a strictly vanity wedding with no standing under the law.
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NorthCarolina Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 07:11 PM
Response to Reply #10
12. Oh goody..."pretend weddings". How wonderfully magnanimous.
:eyes:
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bluestateguy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 07:13 PM
Response to Reply #12
13. Well, as far as the law is concerned, that's what they are
I'm not your enemy. I support marriage equality. Regrettably, 45 states do not.
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NMMNG Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 07:21 PM
Response to Reply #12
14. Yep
We get second-class rights (at best) because we're not as equal as the rest of them. So why do we pay the same taxes and have all the other obligations they do?
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NorthCarolina Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 07:30 PM
Response to Reply #14
15. Apparently, that's the American Way
:shrug:
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FreeState Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 06:42 PM
Response to Original message
4. K&R, and boy am I nervous again... n/t
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NMMNG Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 07:10 PM
Response to Original message
11. We're hopeful yet still worried
Despite all the claims by the bigots that they need to "defend marriage", it's actually our marriages that have been under constant attack during this whole vile mess. They whine about how persecuted they are, but have they had to fight like hell to have their right to marry recognized, then in the space of two years endure two attempts to forcibly divorce them? I think not.
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FreeState Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 07:37 PM
Response to Original message
16. Rally list for cities in CA, CO and TX tomorrow night here
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FreeState Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 08:19 PM
Response to Original message
17. UPDATE from the court - order will be e-filed between 1 pm and 3 pm tomorrow
The Perry order will be e-filed between 1 pm and 3 pm tomorrow. It will be available electronically to the public not only through PACER but also directly from the court’s website, http://www.cand.uscourts.gov , free of charge soon after it is e-filed.
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FreeState Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 08:37 PM
Response to Original message
18. The Advocate is reporting anti-marriage equality forces have filed motion to stay pending appeal
Twitter:

TheAdvocateMag

Attys representing anti-marriage equality forces have filed motion to stay pending appeal on tomorrow's decision in #prop8 case.


-----

Interesting they are filing to stay before its even been announced...
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dsc Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 08:51 PM
Response to Reply #18
19. not really
they have some chance of losing and if they lose the status quo changes so they are filing a stay. I hope it gets denied as I can't see any irreversable harm from them letting the marriages go forward.
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FreeState Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 09:10 PM
Response to Reply #19
20. I think its just a pre-emptive strike -
Edited on Tue Aug-03-10 09:14 PM by FreeState
we know their side plays hardline with everything so it makes sence they would want to stop even one more marriage if at all possible. I imagine the ruling will be stayed via the judge regardless.

Here is a copy of their motion for stay

http://www.scribd.com/doc/35328289/Doc-705

FIled today:

"TO THE PARTIES AND THEIR ATTORNEYS OF RECORD:PLEASE TAKE NOTICE that, should the Court enter judgment for Plaintiffs, on October 21, 2010, or as soon as the matter may be heard, before the Honorable Vaughn R. Walker, United States District Court, Northern District of California, 450 Golden Gate Avenue, San Francisco, California, Defendant-Intervenors Hollingsworth, Knight, Gutierrez, Jansson, and ProtectMarriage.com(“Proponents”) will move the Court for a stay pending appeal.1 In the alternative, Proponents request a limited seven-day stay of the Court’s judgment to permit them to seek a stay pending appeal from the Ninth Circuit and, if necessary, the Supreme Court."
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FreeState Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 09:21 PM
Response to Reply #20
21. My error - not what I thought it was!
Edited on Tue Aug-03-10 09:22 PM by FreeState
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Hawkeye-X Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 10:31 PM
Response to Reply #20
22. REQUEST DENIED, AND SANCTIONED $100,000,000,000 PAYABLE TO THE STATE OF CALIFORNIA
within the end of the business day, or face prison time for each dollar that you don't pay, asswipe!
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