Supreme Court to Hear Gay Marriage Cases

Prop 8 plaintiffs Kris Perry & Sandy Stier.

Photo from the American Foundation for Equal Rights

 

After weeks of silence on the matter the U.S. Supreme Court has finally announced that it will take up two cases concerning same-sex marriage: Windsor v. United States and Hollingsworth v. Perry. Both cases are very significant, as Windsor is a challenge to the federal Defense of Marriage Act which limits federal marriage benefits to heterosexual married couples, while Perry--a challenge to the California state constitution's ban on same-sex marriage--may have nationwide implications for same-sex marriage. Arguments will begin in March of 2013 while a decision is expected in late June.

LA Times: Implications of Prop 8 Decision

Maura Dolan of the LA Times explains the "far-reaching implications" of the Prop 8 decision set to come down from the 9th Circuit around 1p.m. EST today.
"Court ruling on Prop 8 has far-reaching implications"

Please stop by the Law School Commons at 1p.m. to watch the decision live.

California Supreme Court: Prop 8 Backers Can Challenge Court Ruling

On Thursday the California Supreme Court ruled that ProtectMarriage.com, the official proponent of Proposition 8, has legal standing to challenge the 2010 decision by District Judge Vaughn Walker which overturned the ban on same-sex marriage. Now that the issue of standing has been settled, the Ninth Circuit Court of Appeals will be able to decide the case on its merits and determine whether or not Prop 8 is unconstitutional. Brian Brown of the National Organization for Marriage, a key Prop 8 contributor, stated that while he fully expects the Ninth Circuit to invalidate Prop 8 and find "some phony right to same-sex marriage in the U.S. Constitution", he nevertheless expects victory "once this case gets out of San Francisco" and reaches the U.S. Supreme Court.

Judge Ware orders Prop 8 tapes released

Today, Chief Judge Ware of the U.S. District for the Northern District of California, handed down his order to release the tapes of the Proposition 8 trial. Read the response from Shannon Minter, Esq., Legal Director of the National Center for Lesbian Rights.

Video: Prop 8 Oral Arguments

Follow this link to find both parts of Prop 8 oral arguments held earlier today at the 9th Circuit U.S. Court of Appeals in San Francisco, California. Part 1 deals with standing and part 2 deals with the constitutionality of the issue.

Debate TODAY: Same-Sex Marriage and Proposition 8

Professor Taylor Flynn

On Wednesday, September 22 at Noon in the Law School Commons, OUTlaw, the Family Law Association, and the Federalist Society are co-sponsoring a debate about same-sex marriage and Proposition 8. Maggie Gallagher of the National Organization for Marriage will be debating WNEC Law's own Professor Taylor Flynn. WNEC Law Professor Leora Harpaz will be the moderator.

Please join us for this exciting event (And lunch too!)



Maggie Gallagher



BREAKING: PROP 8 OVERTURNED!

Howard Mintz of San Jose Mercury news reported throughout the Prop 8 trial. Now he brings us the news that Judge Vaughn Walker has overturned California's ban on same-sex marriage, finding it unconstitutional.
Read the full article here.

Prop 8 decision to come today

The decision in the Prop 8 case should be handed down by Judge Vaughn Walker at some point today. Check back for further developments.

Text EQUAL to 69866 to receive a text message with the decision as soon as it happens.

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.

Jenny Pizer, keynote speaker at Robert Cover Public Interest Retreat

Robert M. Cover Public Interest Law Retreat

February 26-28th in Peterborough, New Hampshire

This year Jenny Pizer of Lamda Legal is the keynote speaker at the Cover Retreat. She has done amazing work on LGBT issues including recent work on the Proposition 8 issue in California. She will also facilitate a discussion-based workshop along with Professor Flynn of WNEC. This is an amazing opportunity to meet someone who is doing frontline work for the LGBT community. There will also be plenty of chances to meet and speak with professors and other public interest practitioners in a relaxing, fun and casual setting. Please register here and join us in New Hampshire for this great event.

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