Ninth Circuit Court of Appeals: Proposition 8 Unconstitutional

Same-sex couple kisses as they celebrate the ruling. Photo from SFGate.com.

In a historic ruling, the Ninth U.S. Circuit Court of Appeals in San Francisco ruled that Proposition 8, a voter-approved statewide ban on same-sex marriage, is unconstitutional. As stated in the majority opinion by Judge Stephen Reinhardt, "Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples." The full text of the court decision may be read here, courtesy of Lambda Legal.

9th Circuit extends Judge Walker's stay on CA same-sex marriages

• Check out this blogger article from the Seattle Post-Intelligencer.

• NPR had a brief, but interesting perspective on the radio this morning from Erwin Chemerinsky, Professor of Law at the University of California at Irvine. (Students may recognize his name if you carried around the giant and very helpful Constitutional Law supplement that he authored.) Professor Chemerinsky stated in his sound bite that the 9th circuit most likely made the decision to extend the expiration date of the stay so that the matter would not go to the Supreme Court.

• Professor Chemerinsky also wrote a very interesting article earlier this week for the LA Times about the appeal process of the Prop 8 decision. He writes that the Supreme Court could find that opponents of same-sex marriage have no legal standing to appeal the decision made by Judge Walker. Read the whole article here.

Closing Arguments: Prop. 8 Trial in San Francisco

Howard Mintz maintained a live blog throughout the Prop. 8 trial and is now doing the same for closing arguments. Check this link throughout the day for updates.

Robert M. Cover Public Interest Retreat 2010: Turning Point

This weekend WNEC Law organized the 23rd annual Robert M. Cover Public Interest Law Retreat at Camp Sargent in New Hampshire. WNEC organizers Imran Siddiqui, Maren Law, and Erin Wilson worked extremely hard to put this all together. This year's retreat was dubbed "Turning Point" and it was a truly incredible experience. Students and practitioners came from all over to participate: North Carolina, California, Hawaii, New York, Connecticut, Georgia... the list goes on. WNEC sent around 20 students, several from OUTlaw and we were all buzzing with energy.

The trek to Camp Sargent on Friday was long and treacherous for some. As snow quickly blanketed the area, drivers were faced with zero visibility and unplowed roads. There were flights delayed, flights cancelled, and several cars that became stuck in the snow en route. Most people, however, were able to fight through the weather to get to the retreat with perseverance and a lot of patience (and some help from tow trucks and muscle power). Those who could not make it were sorely missed.

The weekend was a great balance of workshops and plenty of time for networking and socializing. Four to five workshop topics were available per session and offered a range of subjects from Guantanamo to Disability Rights, Native American Law to Governmental Accountability, and everywhere in between. Especially pertinent to members of OUTlaw was the LGBT session hosted by WNEC Law's very own Professor Taylor Flynn and Jennifer Pizer, Senior Counsel and Marriage Project Director at Lambda Legal. Jennifer Pizer was also the keynote speaker on Saturday evening. She flew in that afternoon from Hawaii, just for the day, to speak at the retreat and was on a plane back to the west coast in less than 24 hours. We were (and are) very grateful that she so literally went out of her way to come and speak to us. The LGBT discussions were centered around the Perry v. Schwarzenegger case challenging the passing of Proposition 8 in California. The topic was used as lens through which we could better understand the LGBT movement: its history, where it stands currently, and where we are headed in the future. Particularly interesting was the discussion regarding impact litigation and the importance of bringing a case at the right time: though there is a heated and immediate demand for equality, we must patiently persevere in order avoid devastating set-backs. The message overall, however, was that we will get there.

The energy in a room full of extraordinary people who are absolutely determined to change the world and are so focused on the human face of the law is an experience beyond words. We left with a renewed clarity of direction, feeling energized, inspired, and eager to get to work. It was our Turning Point and I feel so fortunate to have been a part of it.

-Erika Scibelli, 1L

If you would like to know more about the retreat, please feel free to contact me on Facebook or at outlaw.wnec@gmail.com.

New arguments filed in Prop 8 case

The Associated Press reported that on Friday, counsel for Proposition 8 sponsors filed new arguments for Chief U.S Judge Vaughn Walker to consider. The new arguments claim that same-sex marriages would undermine heterosexual marriages by opening the door for polygamist marriages, among other things. Plaintiffs' counsel states that there is no evidence to support that claim.

Check back for updates on the scheduling of closing arguments in this case.

NOM investigation in Maine

Neil Broverman of The Advocate reports on the NOM investigation taking place in Maine. NOM would like to delay the investigation until a pending lawsuit is decided. You can read Neil's article HERE.

NOM is the National Organization for Marriage. It was active in both the Yes on 8 campaign in California as well as the Yes on 1 campaign in Maine. It has produced ads such as "The Gathering Storm" intended to intimidate voters by suggesting that same-sex marriage would be dangerous to children, heterosexual marriages, and to families in general. You can view the outrageous video on YouTube. There are responses to the video that can also be seen on YouTube... here is one of them called Weathering the Storm.

12 Days of Prop 8

12 days of trial have been completed. Find the links to all 12 live blogs HERE.

Proposition 8 Trial in California

Howard Mintz of MercuryNews.com has been in the courtroom everyday blogging about the Prop 8 trial. Below is a link to his day-by-day coverage.
Prop 8 trial: Day-by-day