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Religion & Law

: Constitutionally Correct

Judge says gay marriages can start in California; gives opponents time to appeal Proposition 8 ruling

By Alliance Alert

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Mercury News: "Erwin Chemerinsky, dean of the UC Irvine law school, agreed with Walker's conclusion that without the state defending the law, gay marriage foes may not have the right to appeal on their own . . . ikram Amar, a UC Davis law professor, disagreed, and said Walker may have botched the trial by allowing the Proposition 8 campaign to defend the state law if they didn't have the legal right to do so. He said that could allow the 9th Circuit to duck the main issue altogether and ship the case back to Walker to start over . . . Proposition 8 lawyers say they have the right to defend the ban. Imperial County, where voters overwhelmingly backed the gay marriage ban, also is asking the 9th Circuit to allow it to appeal the ruling. 'Just because state officials have refused to defend the law of the people they represent doesn't mean that the people must be governed by the radical ideas of one judge in San Francisco,' said [Jim Campbell], a lawyer for the Alliance Defense Fund."

Full post as published by Constitutionally Correct on August 13, 2010 (boomark / email).