Comments on: Perry: Week Two http://lawdork.net/2010/01/19/perry-week-two/ Same dork, new year! Thu, 13 Jan 2011 15:38:37 -0500 http://wordpress.org/?v=2.8.1 hourly 1 By: Chris Geidner http://lawdork.net/2010/01/19/perry-week-two/#comment-6398 Chris Geidner Tue, 19 Jan 2010 22:29:17 +0000 http://lawdork.net/?p=4559#comment-6398 No, I'm assuming a "full victory" in California. An equal protection victory, premised upon the "animus" behind Proposition 8, could be a narrow ruling -- invoking Romer -- that talks about the specific act of overruling a state Supreme Court interpretation about equality by revoking that equality. Because, in California, it was taking away a right already in place at the time, an argument could be made by the Plaintiffs' lawyers that this was more clearly a sign of animus than elsewhere. No, I’m assuming a “full victory” in California. An equal protection victory, premised upon the “animus” behind Proposition 8, could be a narrow ruling — invoking Romer — that talks about the specific act of overruling a state Supreme Court interpretation about equality by revoking that equality.

Because, in California, it was taking away a right already in place at the time, an argument could be made by the Plaintiffs’ lawyers that this was more clearly a sign of animus than elsewhere.

]]> By: Curious Oxonian http://lawdork.net/2010/01/19/perry-week-two/#comment-6396 Curious Oxonian Tue, 19 Jan 2010 20:20:00 +0000 http://lawdork.net/?p=4559#comment-6396 I'm wondering what a "narrow decision leaving everything up in the air as to the federal government and the other states" might look like, assuming the Court finds for Perry. Perhaps a holding that would recognize pre-Prop 8 California same-sex marriages but permit states to disallow future same-sex marriages? I’m wondering what a “narrow decision leaving everything up in the air as to the federal government and the other states” might look like, assuming the Court finds for Perry. Perhaps a holding that would recognize pre-Prop 8 California same-sex marriages but permit states to disallow future same-sex marriages?

]]> By: Some Tuesday Morning Prop 8 Stories, One of Which ANGERS ME | ZackFord Blogs http://lawdork.net/2010/01/19/perry-week-two/#comment-6383 Some Tuesday Morning Prop 8 Stories, One of Which ANGERS ME | ZackFord Blogs Tue, 19 Jan 2010 15:50:43 +0000 http://lawdork.net/?p=4559#comment-6383 [...] » Law dork Chris Geidner gives us a look at week 2 and ponders why there’s a trial as opposed to a summary judgment. While many gay activists are optimistic about the potential implications of this case, he’s not so sure. Even if there’s a ruling that favors marriage equality, it might still only have implications for California because of how it might get deemed unconstitutional. If you’re into thinking about things from the legal perspective, check out his post: Perry: Week Two [...] [...] » Law dork Chris Geidner gives us a look at week 2 and ponders why there’s a trial as opposed to a summary judgment. While many gay activists are optimistic about the potential implications of this case, he’s not so sure. Even if there’s a ruling that favors marriage equality, it might still only have implications for California because of how it might get deemed unconstitutional. If you’re into thinking about things from the legal perspective, check out his post: Perry: Week Two [...]

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