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Nevada ruling on gay marriage may impact California’s Prop. 8


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By Scott Shafer, KQED-TV

Four days before the U.S. Supreme Court met to ostensibly discuss California’s Proposition 8, a Nevada District Court issued a ruling upholding that state’s ban on same-sex marriage. The ruling by Judge Robert C. Jones, a George W. Bush appointee, holds that Nevada’s law does not violate the Equal Protection Clause of the 14th amendment.

That decision is at odds with Judge Vaughn Walker’s 2010 decision that struck down Proposition 8 as a violation of both the Equal Protection and Due Process clauses. Walker also found that marriage is a fundamental right protected by the U.S. Constitution.

Lambda Legal, which represented the 16 plaintiffs in Nevada, will appeal Jones’ decision to the 9th Circuit Court of Appeals.

Earlier this year, the 9th Circuit upheld Walker’s decision but narrowed it considerably, declining to rule on his broader findings that marriage is a fundamental right. Unless the U.S. Supreme Court acts first, a new panel of 9th Circuit judges would consider the appeal to that Nevada ruling.

One well-placed legal observer told KQED that makes the Proposition 8 case something of a moving target for the Supreme Court.

Could it increase the likelihood that the Supreme Court will send the Proposition 8 case back to the 9th Circuit and ask them to address the fundamental questions addressed by Walker, but skirted by 9th Circuit Judge Stephen Reinhardt in his Prop. 8 decision?

The answer may come Friday when the Supreme Court is expected to issue its decision on whether it will review the Proposition 8 case.

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Comments (11)
  1. thing fish says - Posted: December 4, 2012

    These people can’t imagine a sky man that is not as angry and ignorant as they are. 2000 years later, ever longer after the old testament, and they still take the bible literally. Everyone else got smarter and moved on to bigger ideas. Their stupidity has ruined an otherwise great book.
    I don’t know if they really read part II of the series…

  2. criticalthinker55 says - Posted: December 4, 2012

    part II of the series, I’ve read it.

    Romans chapter 1 verses 26,27

  3. Dick Fox says - Posted: December 4, 2012

    The New Apostolic Reformation agenda is what the talibornagain bigots have in mind. They have weaseled their way into positions of power in the GOP, State Courts and SCOTUS. They must be “cleansed”.

  4. thing fish says - Posted: December 4, 2012

    A special note. As further evidence that it is all just made up, look at the origins of the Christ story. It isn’t unique to Christians, it existed 1000s of years before JC, and it is all told by the movement of the stars around the winter solstice.
    Just because Paul wrote something doesn’t mean that your idea of god is a discriminatory violent jerk.

    Jesus went to the beach and came back with 12 dudes, and ‘washed their feet’.
    But God is a total homophobe… riiiiiight.
    And we are supposed to believe you that the entity that created everything so perfectly is a violent bigot.

    Tax the churches.

    Bonus question: Who killed more people in the entire bible?
    a) God
    b) Satan
    c) Robocop

  5. Careaboutthecommunity says - Posted: December 5, 2012

    Yes, tax the churches!

  6. Joe Doaks says - Posted: December 5, 2012

    Why stop at two in a marriage? The more the merrier.

  7. Deb Palmer says - Posted: December 5, 2012

    God is love….

    As for the constitution, there is equal protection for all. Church and State are separate. We have a great country based on these rights.

  8. fromform says - Posted: December 5, 2012

    god is love….yes, and ‘spirituality’ is not government…i agree: separate religion and state and remove tax exemption from the rackets that permeate most churches…

  9. Joe Doaks says - Posted: December 5, 2012

    Should we also take away the tax exemption on other faith based groups like the League to Save Lake Tahoe and the Sierra Club? That would also apply to TRPA if it wasn’t government based.

  10. thing fish says - Posted: December 5, 2012

    Which one of the 1000s of gods are you talking about Joe? A majority of them promote environmental stewardship. The Christian faith lists stewardship for the earth as one of the great virtues. Interesting that you bring up that hypocrisy. The same people who want to put god in government dont usually support the environment. Why? Some sick people use means to control people. It is very common in fundamentalist cults. From the Taliban to even some of our local churches. It is really sad.
    Maybe I should have started with the definition of faith for Joe and contrast it with the definition of values. And if they seems to grap that we can move onto public right to natural resources.

  11. Lisa says - Posted: December 5, 2012

    Doesn’t matter what the the Nevada judge says if the Supreme Court eventually says that it is unconstitutional.