Playing With Politics

A Blog on Law, Politics, Planning, Development, and Other Vices

Archive for the ‘Law’ Category

How Not to Handle a Protest

Posted by Roobs on August 16, 2011

Yesterday, The San Francisco Bay Area Rapid Transit authority (aka: BART) did the world a public service.  By shutting down stations, previously shutting down cell and data services and all in all pissing people off, it showed other government agencies how NOT to handle a civic protest.  In other words, had BART demonstrated some very basic common sense in crisis management, or at the very least spent the last decade watching protests around the world, it would have known preventing a planned protest from happening isn’t the best way to calm people down.

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Posted in Law, Urban Planning | Tagged: , , , , , , | 2 Comments »

Appeal of Prop 8 Ruling Set for Dec. 6

Posted by Roobs on October 22, 2010

The appeal of the August ruling striking down California’s same-sex marriage ban, Proposition 8, is set for December 6, 2010.

Back in August of this year, US District Judge Vaughn R. Walker ruled that Prop 8 violated the US Constitution and ordered it overturned.  However, due to the certain appeal process, Judge Walker granted the defendants (Yes on 8 ) a stay of his ruling, meaning that Prop 8 is still the law of the land until the appeals process is over or his ruling is reversed by a higher court.  At trial, the justices will be hearing two arguments.

Standing

First, Yes on 8 will be arguing why they should be granted Article III standing to appeal Judge Walkers’ ruling.  This is probably the big issue that could end this legal fight right then and there.  Last year, the Judge walker allowed Yes on 8 to “intervene” in the Prop 8 trial when both Jerry Brown – currently CA’s Attorney General – and Governor Arnold Schwartzenneger said they would not defend Prop 8 in court.  This is no the same as being granted Article III standing.

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Roobs Does LA

Posted by Roobs on September 1, 2010

Hello all!  I appologize again for not writing anything new.  Over the weekend I moved out of the Bay Area and have now set up shop in Los Angeles as I attend graduate school at UCLA!  I will try to come back with more interesting posts, including a follow up on the Melanie Shelby-Equality California relationship.

Posted in Economic Development, Law, LGBT, Politics, Pop Culture, Race & Identity, TV & Movies, Urban Planning | Tagged: , , , | Leave a Comment »

Prop 8 Unconstitutional & Overturned!!

Posted by Roobs on August 4, 2010

Prop 8 is found unconstitutional on both the Due Process and Equal Protection clause!!  This is a HUGE win for equality! I have little else to say right now.  Here is final ruling.  You can read the full ruling here:

REMEDIES

Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8. California is able to issue marriage licenses to same-sex couples, as it has already issued 18,000 marriage licenses to same-sex couples and has not suffered any demonstrated harm as a result,see FF 64-66; moreover, California officials have chosen not to defend Proposition 8 in these proceedings.

Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their
control or supervision shall not apply or enforce Proposition 8. The clerk is DIRECTED to enter judgment without bond in favor of plaintiffs and plaintiff-intervenors and against defendants and defendant-intervenors pursuant to FRCP 58.

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Federal Judge Rules Part of DOMA Unconstitutional

Posted by Roobs on July 8, 2010

I just wanted to share some good news for the LGBT community.  A Federal Judge has ruled part of the Defense of Marriage Act (DOMA), passed back in 1996 banning Federal recognition of same-sex marriage, is unconstitutional.  This is really great news and one that, though I would like to talk about at length, don’t have time to.  So please read Robert Cruickshank’s post on the ruling. Excerpt below.

As we await the ruling from Judge Vaughn Walker on Perry v. Schwarzenegger, we just received word about a decision in two marriage equality suits. A federal judge in Massachusetts just ruled that Section 3 of the Defense of Marriage Act, the federal law passed in 1996 that bars federal recognition of same-sex marriage and enables states to withhold recognition of same-sex marriages performed in other states, is unconstitutional.

The ruling in the cases, Commonwealth of Massachusetts v. Health and Human Services and Gill v. Office of Personnel Management, does not strike down DOMA in its entirety. But what it does appear to do is to remove the ban on the federal government’s recognition of same-sex marriage.

You can and should read Robert’s full post at Prop 8 Trial Tracker!

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SCOTUS Ruling Against Christian Group is LGBT Victory

Posted by Roobs on June 30, 2010

A case that was probably more interesting to local San Franciscan’s, LGBT and Bay Area legal observers was settled on Monday, June 28.  The case: Christian Legal Society V. Martinez, was ruled in favor of Martinez (aka UC Hastings School of Law) saying that a law school has the legal right to refuse official recognition of a club or group that won’t let gays join.

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