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Special to CityWatch: Can Jorge Ramos Save The American Immigrant Dream?

Tony Castro
TONY CASTRO’S LA- President Barack Obama’s disappointing failure to champion immigration reform, what The Washington Post called his “immigration train wreck,” may be the consummate example of the failure of the Obama presidency on Latino issues. It is also a tell-tale sign of the potential trouble the Democratic Party could find itself in…

Museum Row’s Billion Dollar Block Party

Tim Deegan
EXCLUSIVE TO CITYWATCH--City planners, developers, community members and other stakeholders are having a block party in the Miracle Mile: no champagne but plenty of stress served to order, depending on who you're aligned with. Issues with development: take a seat. Raising hundreds of millions of dollars for development, take several seats. Here…

What Is It About The Homeless That Makes Us So Angry?

Bob Gelfand
GELFAND’S WORLD--It was a long public hearing at my neighborhood council the other night. Outraged, obviously frightened homeowners were pitted against advocates for the homeless. At least that's how it started, but it's not how it ended. It's curious, but in this contentious culture of ours, it turned out to be possible to have a meeting of the…

Kill the Transit Tax, Kill the Olympics

Ken Alpern
ALPERN AT LARGE-You know, it's indeed possible that there will be enough voters who won't remember (or care about) the current shenanigans and budget games in the City of LA--enough to allow a 2/3 vote to pass a new sales tax measure in November 2016. Then again, maybe enough voters will remember, and the initiative will (like its predecessor…

Headlines Don’t Lie – LA Needs Leadership

Dennis Zine
JUST THE FACTS-I’m talking to you as a man who policed Los Angeles streets for over 30 years and established policy for another 14 years -- two years as an elected Charter Reform Commissioner and 12 years as an elected Los Angeles City Councilman. Take a look at the latest Los Angeles News and Breaking Headlines. They tell a frightening story…

Airbnb Just Floats by the PLUM Committee

Tony Butka
THE CITY-I was going to do my usual flip and cynical kind of a piece on the Airbnb hearing, but the issue is too important, and just maybe, all is not lost. The Planning and Land Use Management (PLUM) Committee hearing was scheduled in the Public Works Hearing Room, but so many people attended that they had to move it to City Council Chambers…

Bikeshare Comes to Los Angeles … Sort Of

Richard Risemberg
WAITING ON LA--Here’s photographic confirmation that bikeshare has arrived in LA: Not the City of Los Angeles, though; not quite yet. That’s a live bikeshare station in Santa Monica, on Main Street, next to one of the two bike corrals that grace the block south of Ashland. (There’s another and very busy bike corral two blocks north.) This is a…

The Summer of My Discontent ... LA Version

Denyse Selesnick
MY TURN--I think there is such a thing as the "Dog Days of Summer" since my usual sunny disposition ... glass half full demeanor ... seems to be out of sorts of late. There is a litany of things that are annoying me, aside from the heat. I am disappointed in our local government ... not all of them, but a majority. Like many of you I studied the…

Marilyn Who? Ask Councilman Krekorian or Mayor Garcetti

Richard Lee Abrams
PRESERVATION POLITICS-Who doesn’t like Marilyn Monroe? Councilmember Krekorian, that’s who! Why else would Councilmember Paul Krekorian support the demolition of one of the most significant homes of Marilyn Monroe? With the blessings of Mayor Garcetti, who believes in eradicating as much of Hollywood’s history as possible, and with the support of…





Record Breaking! Josh Groban sings Trump


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Prop 8’s Ted Olson on Ninth Circuit’s Favorable Ruling: “We’ll Oppose Supreme Court Review”

GAY MARRIAGE - On a media call Tuesday, Ted Olson, one of the lawyers who successfully argued the Prop 8 case at both the district court and appellate court levels, as well as AFER president Chad Griffin and attorney Theodore Boutrous, answered questions about the ruling in which the Ninth Circuit denied an en banc rehearing of decision striking down the law as unconstitutional. Asked about whether the current Prop 8 case would be consolidated with the DOMA Gill case that will be sent to the Supreme Court for possible review, Ted Olson said that it’s possible the cases could be heard “on the same docket” – that is, on the same day – but probably not consolidated as one case.

Ultimately, he conceded he doesn’t know the outcome of that situation, but it would be unlikely for the cases to be consolidated, given that one (the Prop 8 case) deals with the rights of gay and lesbian couples to get married in the first place, while the other (Gill) concerns the discrimination in federal rights and benefits suffered by legally-married couples under DOMA.

As Chris Geidner wrote Tuesday at Metro Weekly, Charles Cooper, the attorney for the proponents of Prop 8, has announced that he and his colleagues will be seeking Supreme Court review (in legal speak, they will technically file a petition seeking a “writ of certiorari,” also known as “cert”).  

Speaking to Metro Weekly, Cooper said: We’re pleased to petition the Court to hear this case. The lower court opinions were little more than an attack on the character and judgment of millions of Californians, and those decisions essentially ignored all relevant Supreme Court and appellate court precedent. We are hopeful and confident that the Supreme Court will review the 9th Circuit’s decision.

When asked how he and his colleagues plan to respond to the proponents’ certiorari petition, Olson told Metro Weekly pointedly, "We’ll oppose that.”

The Supreme Court, which generally recesses for the summer by late June, would then consider the petition after further briefing in support of and against a review is completed, likely once the justices return in the fall. By Supreme Court practice, four of the justices would need to vote to hear the case in order for the court to accept it.

Olson elaborated on he and his colleagues’ reasoning for opposing certiorari, saying that he and his fellow lawyers represent four individuals who wish to get married in California, but who face Proposition 8 as an obstacle. For the plaintiffs, overturning Proposition 8 is the desired victory and their lawyers have an obligation to pursue that goal as quickly and simply as possible.

Olson said that he would certainly look forward to an airing of all the issues surrounding this case and marriage equality in general at the Supreme Court, but that he feels an obligation to preserve the victory for his clients.

One interesting note about Olson’s comments is his elaboration on the reach of the narrowly-written Ninth Circuit opinion. He suggested that, in fact, the decision could actually reach further than that, even if the Supreme Court upholds it as written.

He said that it could affect states like North Carolina, that just passed Amendment 1, banning marriage for gays and lesbians as well as civil unions and domestic partnerships.  Of course, that issue would have to be taken up by other courts in the future, since it would be on a case-by-case and state-by-state basis.

Regardless, the Prop 8 decision is likely to have a major impact no matter which court ends up having the final say on the matter.  

California is, of course, the most populous state in the nation, and if marriage equality is restored to the state, the number of people living in states with full marriage rights would double to 1 out of every 5 Americans.  

If the Supreme Court decides not to take up the Prop 8 case, the Ninth Circuit’s ruling would become precedent in the largest judicial circuit in the U.S., and while it would not bring full marriage rights to the other states in the circuit, it could be cited persuasively in future LGBT litigation.  

And, of course, if the Supreme Court does take up the case, the effect could be even greater.  Either way, today’s news puts us one step closer to a major LGBT legal decision that will dramatically change the lives of many Americans.

(Scottie Thomaston and Jacob Combs are contributors to Courage Campaign Institute's Prop8TrialTracker.comwhere this piece was cross-posted.)
-cw

Tags: Prop 8, Ted Olson, Ninth Circuit, US Supreme Court








CityWatch
Vol 10 Issue 46
Pub: June 8, 2012  

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