Important Prop. 8 Ruling Today

[PaloAltoCougar]

The Ninth Circuit will announce its decision with respect to Judge Walker's ruling striking down Prop. 8. One of the arguments advanced by the appellants (the pro-Prop 8 side) was that Judge Walker should have disclosed that he was in a long relationship with another man (this really wasn't news to anyone in the SF legal community, but it is apparently news enough for the attorneys to want to make a case of it).

Interestingly, one of the three judges who will make today's ruling is Randy Smith, who attended BYU's law school when I was there. I believe he was, and continues to be, an active LDS Church member. Imagine the fun if he and his colleagues reverse the lower court's decision because of Judge Walker's presumed bias.

I'll be very surprised, however, if the decision is reversed. The real question is how broadly they rule on this, and whether gay marriage comes to Idaho and other states in the Ninth Circuit as a result (doubtful--expect a narrowly drawn opinion). No matter what the decision is, this is very likely heading to The Supremes.

[RobinFinderson]

The Ninth Circuit will announce its decision with respect to Judge Walker's ruling striking down Prop. 8. One of the arguments advanced by the appellants (the pro-Prop 8 side) was that Judge Walker should have disclosed that he was in a long relationship with another man (this really wasn't news to anyone in the SF legal community, but it is apparently news enough for the attorneys to want to make a case of it).

Interestingly, one of the three judges who will make today's ruling is Randy Smith, who attended BYU's law school when I was there. I believe he was, and continues to be, an active LDS Church member. Imagine the fun if he and his colleagues reverse the lower court's decision because of Judge Walker's presumed bias.

I'll be very surprised, however, if the decision is reversed. The real question is how broadly they rule on this, and whether gay marriage comes to Idaho and other states in the Ninth Circuit as a result (doubtful--expect a narrowly drawn opinion). No matter what the decision is, this is very likely heading to The Supremes.

Never underestimate the power of nine elderly black women.

[New Mexican Disaster]

The Ninth Circuit will announce its decision with respect to Judge Walker's ruling striking down Prop. 8. One of the arguments advanced by the appellants (the pro-Prop 8 side) was that Judge Walker should have disclosed that he was in a long relationship with another man (this really wasn't news to anyone in the SF legal community, but it is apparently news enough for the attorneys to want to make a case of it).

Interestingly, one of the three judges who will make today's ruling is Randy Smith, who attended BYU's law school when I was there. I believe he was, and continues to be, an active LDS Church member. Imagine the fun if he and his colleagues reverse the lower court's decision because of Judge Walker's presumed bias.

I'll be very surprised, however, if the decision is reversed. The real question is how broadly they rule on this, and whether gay marriage comes to Idaho and other states in the Ninth Circuit as a result (doubtful--expect a narrowly drawn opinion). No matter what the decision is, this is very likely heading to The Supremes.

I rode on a plane with Randy Smith a couple of years back from SLC. He is a heck of a good guy and was then an active member. I still have high hopes that he will do the right thing.

[Moliere]

The Ninth Circuit will announce its decision with respect to Judge Walker's ruling striking down Prop. 8. One of the arguments advanced by the appellants (the pro-Prop 8 side) was that Judge Walker should have disclosed that he was in a long relationship with another man (this really wasn't news to anyone in the SF legal community, but it is apparently news enough for the attorneys to want to make a case of it).

Interestingly, one of the three judges who will make today's ruling is Randy Smith, who attended BYU's law school when I was there. I believe he was, and continues to be, an active LDS Church member. Imagine the fun if he and his colleagues reverse the lower court's decision because of Judge Walker's presumed bias.

I'll be very surprised, however, if the decision is reversed. The real question is how broadly they rule on this, and whether gay marriage comes to Idaho and other states in the Ninth Circuit as a result (doubtful--expect a narrowly drawn opinion). No matter what the decision is, this is very likely heading to The Supremes.

Are intimate relationships something that a judge typically has to disclose? Seems like an odd challenge.

[Flystripper]

I rode on a plane with Randy Smith a couple of years back from SLC. He is a heck of a good guy and was then an active member. I still have high hopes that he will do the right thing.

which is?

[FMCoug]

which is?

I was thinking the same thing. On CUF that is not an obvious thing.

[NorthwestUteFan]

I'll be very surprised, however, if the decision is reversed. The real question is how broadly they rule on this, and whether gay marriage comes to Idaho and other states in the Ninth Circuit as a result (doubtful--expect a narrowly drawn opinion). No matter what the decision is, this is very likely heading to The Supremes.

Washington is on a fast track to pass a gay marriage bill this year. It already passed the Senate last week and will likely pass through the House, and Gregoire will definitely sign it.

However there is a strong referendum initiative drive hoping to get on the November ballot. I have not yet seen a church push against the law. Perhaps they learned their lesson on Prop 8 and will remain further under cover, with fewer over-the-pulpit calls to protest and more setting up shell companies to distribute money around the Capitol.

[Clark Addison]

which is?

I would guess that his use of "still" as a synonym for "despite his LDS Membership" means that he is hoping for an affirmation of the prior ruling.

[Flystripper]

I would guess that his use of "still" as a synonym for "despite his LDS Membership" means that he is hoping for an affirmation of the prior ruling.

you are a regular ClouSeaU! Nice job.

[Shaka]

Prop 8 struck down again.

[old_gregg]

was the ruling a 3-0? did our lds friend squirrel?

[Jacob]

Are intimate relationships something that a judge typically has to disclose? Seems like an odd challenge.

It's easy to imagine an intimate relationship that certainly should cause a judge to recuse himself from a case or be removed e.g. if a judge is in a relationship with a party to a suit, or a person who is closely related to a party. I don't know whether this rises to that. But the argument could be that the relationship is not cause for recusal, but the relationship betrays a strong bias in favor of one side of the issue, which isn't hard to imagine in this case.

[Jacob]

was the ruling a 3-0? did our lds friend squirrel?

Looks like a 2-1 decision. I haven't seen details.

[Sleeping in EQ]

Randy Smith takes the bullet for Mitt Romney.

[Jeff Lebowski]

Randy Smith takes the bullet for Mitt Romney.

Stop teasing us and expound. Por favor.