Home

Prop 8 Argument Recap
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

Legal giants David Boies and Ted Olson appeared once again on behalf of their clients to argue that California’s Proposition 8, which effectively banned same sex marriages, is unconstitutional.  This time that forum was the 9th Circuit Court of Appeals and this time it was televised live.  The oral arguments in the case lasted nearly three hours and were divided between procedural issues and the issues directly involved in the case.  While it is always difficult to make predictions based on the questions that judges ask, I’ll go out on a limb and do so anyway.  I would expect the three judge panel to find that the supporters of the initiative, but not the deputy clerk of Imperial County, have standing to appeal by carving out an exception to the standing rules for sponsors of ballot initiatives that are being challenged in court.  Furthermore, I believe the three judge panel, composed of one moderate conservative, one very liberal and one center-left judge will uphold the lower court’s injunction barring the enforcement of Prop 8.  My best guess is that they will limit the scope of the ruling based either on the fact that California once gave same sex couples the right to marry so taking it away is particularly offensive to the 14th amendment, or based on the fact that California gives gay couples all the rights and benefits of marriage and so denying them just the name is a clear equal rights violation.  Either way, the ruling won’t go so far as to say that gay marriage is a constitutional right.

You can read live blogs covering the arguments here and here or see an expanded version of my analysis here.

  
What
Where




 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

Mid to Senior Level Labor and Employment Attorney

USA-CA-San Francisco

San Francisco office is seeking a mid to senior level labor and employment attorney.

Apply Now

Mid-Level Commercial Business Litigator

USA-CA-Los Angeles

Los Angeles office is seeking a commercial business litigation attorney with 2-5 years of experience...

Apply Now

Estate Planning Attorney

USA-CA-Los Angeles

Los Angeles office of our client seeks estate planning attorney with 4+ years of experience in admin...

Apply Now

Juvenile Dependency Law Associate Attorney

USA-CA-Arcadia

Arcadia office of our client seeks juvenile dependency law associate attorney with experience. The c...

Apply Now

RELEVANT JOBS

Life Sciences Patent Litigation Associate

USA-DC-Washington

Steptoe, an AmLaw 100 firm, seeks a Life Sciences Patent Litigation Associate to join its rapidly gr...

Apply now

Attorney

USA-KY-Henderson

Seeking applications for an associate attorney at a small firm in Henderson, Kentucky that handles a...

Apply now

Patent Agent / Technical Specialist - Biology/Chemistry

USA-DC-Washington

Steptoe, an AmLaw 100 firm, seeks a Technology Specialist or Patent Agent to join our IP Group in th...

Apply now

Paralegal

USA-KY-Henderson

Vowels Law PLC is looking for a paralegal to assist the firm. The position requires clerical work, l...

Apply now

SEARCH IN ARCHIVE

To Top