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Pirates at the Port (of Los Angeles)

Jack Humphreville
LA WATCHDOG-The growth of the Port of Los Angeles and its ability to maintain and create good paying jobs and its market share of imported cargo are under siege by external market forces as well as the demand by the San Pedro and Wilmington communities to finance $400 million of public benefits over the next ten years. The Harbor Department, one…

Why I Support 'No Gays Allowed'

C.J. Prince
GUEST WORDS-Last week, a Tennessee retailer made headlines when he took the whole we-won't-bake-cakes-for-gay-weddings thing to the next level. In response to last week's Supreme Court marriage ruling, Jeff Amyx, owner of Amyx Hardware, taped a "No Gays Allowed" sign to his storefront window. Amyx, who is also a Baptist minister, explained to WATE…

Never on Sunday

Paul Hatfield
GREEK VOTE, A PERSPECTIVE-According to the lyrics from the memorable theme to Never on Sunday (enjoy the trailer), it is OK to kiss in Greece except for Sunday. However, on this past Sunday, July 5th, Greek voters invited the EU to kiss them. I need not mention the part of the anatomy, though. Contrary to some extreme views, this does not mean the…

LA Transpo Slowed to a Crawl by Outdated and Ignored Laws

Ken Alpern
GETTING THERE FROM HERE-Reform of the City Charter or its Bylaws is almost certainly in order, but it's no secret that the City of LA … for all its hype about being for "sustainable living" and being "environmentally-friendly" … is burdened by a host of either outdated laws (which encourage inappropriate overdevelopment) or ignored laws (which are…

You’ll Never Guess Why I love Los Angeles

Fred Mariscal
LATINO PERSPECTIVE-I remember the first time I went on a vacation outside of Mexico. We went to Los Angeles when I was 6 years old. I didn’t have to wonder why my dad choose Los Angeles, he knew I wanted to go to Disneyland and meet Mickey Mouse. That first trip we took that summer made me fell in love with this City. Los Angeles has everything a…

Unsolicited Advice for New LA Councilmember David Ryu

Joe Linton
GUEST COMMENTARY-Los Angeles City Councilmember David Ryu. Photo via ryuforcouncil.com It’s July. That means a new budget year for government agencies, where there is some turnover: some new faces, new officers, and new committees. LA County Supervisor Mark Ridley-Thomas is the new chair of the Metro Board of Directors, replacing LA Mayor Eric…

LA Working on Plan to Plaster the City with Digital Billboards

Adrian Glick Kudler
GUEST WORDS-People in Los Angeles love digital billboards!! We can't get enough of them! Give us more!!! Oh, thank god, the LA City Council is ON IT. Lawsuits have tragically darkened so many of those blinky, flashy ads, but yesterday the City Council's Planning and Land Use Management Committee voted to bring them back big time. They want to…

The Persuaders: California Hospital Association

Bill Raden
CAPITAL AND MAIN SPECIAL REPORT-The nurses who showed up at state Senator Richard Pan’s Capitol office in May were furious. They had been assured by Pan, a Democrat from Sacramento, that he would be on their side when it came time to vote on Senate Bill 346, a charity care measure aimed at providing transparency to the state’s currently murky…

Vacations are a Necessity…Not a Luxury

Denyse Selesnick
Since most of the readers of CityWatch are “high achievers” you have undoubtedly faced the situation where you feel you can’t afford to take a vacation right now because of a million different reasons. Many of these boil down to one…without your presence things will fall apart. Really, they are just excuses … not reasons! Getting away from your…

 

  • Costco: Free Range Liars!

    Christian Cristiano
    WELLNESS POLITICS-Eight years ago grocery retailer Costco (COST) pledged to transition out of using eggs from chickens in small cages to cage free…
  • 10 Things Over-Thinkers Are Tired Of Over-Thinking

    Lindsay Holmes
    WELLNESS-While writing this intro, I deleted the first paragraph approximately six times. My thoughts ranged from "Just get to the point already" to…
  • Can Procrastination Give You a Heart Attack?

    Christian Cristiano
    WELLNESS-A study posted in the journal of behavioral medicine linked procrastination with hypertension and cardiovascular disease. Specifically…



Thu Jul 16, 2015 @12:00AM
LA Equality Awards RSVP
Thu Jul 30, 2015 @ 6:00PM - 08:00PM
A Taste of Chatsworth


One More Time! Grateful Dead say goodbye.

USA World Cup Soccer win … sealed with a kiss

 

 

 

 

  

 

 

 

Prop 8’s Ted Olson on Ninth Circuit’s Favorable Ruling: “We’ll Oppose Supreme Court Review”

GAY MARRIAGE - On a media call Tuesday, Ted Olson, one of the lawyers who successfully argued the Prop 8 case at both the district court and appellate court levels, as well as AFER president Chad Griffin and attorney Theodore Boutrous, answered questions about the ruling in which the Ninth Circuit denied an en banc rehearing of decision striking down the law as unconstitutional. Asked about whether the current Prop 8 case would be consolidated with the DOMA Gill case that will be sent to the Supreme Court for possible review, Ted Olson said that it’s possible the cases could be heard “on the same docket” – that is, on the same day – but probably not consolidated as one case.

Ultimately, he conceded he doesn’t know the outcome of that situation, but it would be unlikely for the cases to be consolidated, given that one (the Prop 8 case) deals with the rights of gay and lesbian couples to get married in the first place, while the other (Gill) concerns the discrimination in federal rights and benefits suffered by legally-married couples under DOMA.

As Chris Geidner wrote Tuesday at Metro Weekly, Charles Cooper, the attorney for the proponents of Prop 8, has announced that he and his colleagues will be seeking Supreme Court review (in legal speak, they will technically file a petition seeking a “writ of certiorari,” also known as “cert”).  

Speaking to Metro Weekly, Cooper said: We’re pleased to petition the Court to hear this case. The lower court opinions were little more than an attack on the character and judgment of millions of Californians, and those decisions essentially ignored all relevant Supreme Court and appellate court precedent. We are hopeful and confident that the Supreme Court will review the 9th Circuit’s decision.

When asked how he and his colleagues plan to respond to the proponents’ certiorari petition, Olson told Metro Weekly pointedly, "We’ll oppose that.”

The Supreme Court, which generally recesses for the summer by late June, would then consider the petition after further briefing in support of and against a review is completed, likely once the justices return in the fall. By Supreme Court practice, four of the justices would need to vote to hear the case in order for the court to accept it.

Olson elaborated on he and his colleagues’ reasoning for opposing certiorari, saying that he and his fellow lawyers represent four individuals who wish to get married in California, but who face Proposition 8 as an obstacle. For the plaintiffs, overturning Proposition 8 is the desired victory and their lawyers have an obligation to pursue that goal as quickly and simply as possible.

Olson said that he would certainly look forward to an airing of all the issues surrounding this case and marriage equality in general at the Supreme Court, but that he feels an obligation to preserve the victory for his clients.

One interesting note about Olson’s comments is his elaboration on the reach of the narrowly-written Ninth Circuit opinion. He suggested that, in fact, the decision could actually reach further than that, even if the Supreme Court upholds it as written.

He said that it could affect states like North Carolina, that just passed Amendment 1, banning marriage for gays and lesbians as well as civil unions and domestic partnerships.  Of course, that issue would have to be taken up by other courts in the future, since it would be on a case-by-case and state-by-state basis.

Regardless, the Prop 8 decision is likely to have a major impact no matter which court ends up having the final say on the matter.  

California is, of course, the most populous state in the nation, and if marriage equality is restored to the state, the number of people living in states with full marriage rights would double to 1 out of every 5 Americans.  

If the Supreme Court decides not to take up the Prop 8 case, the Ninth Circuit’s ruling would become precedent in the largest judicial circuit in the U.S., and while it would not bring full marriage rights to the other states in the circuit, it could be cited persuasively in future LGBT litigation.  

And, of course, if the Supreme Court does take up the case, the effect could be even greater.  Either way, today’s news puts us one step closer to a major LGBT legal decision that will dramatically change the lives of many Americans.

(Scottie Thomaston and Jacob Combs are contributors to Courage Campaign Institute's Prop8TrialTracker.comwhere this piece was cross-posted.)
-cw

Tags: Prop 8, Ted Olson, Ninth Circuit, US Supreme Court








CityWatch
Vol 10 Issue 46
Pub: June 8, 2012  

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