Friday, September 11, 2009

Official Prop. 8 proponents file motion for summary judgment in Perry case

09/12/09 Recorder / 09/12/09 Find Law News:

On behalf of the official Prop. 8 proponents, Charles Cooper has filed a motion for summary judgment in Perry v. Schwarzenneger, the federal lawsuit challenging Prop. 8:
Should Chief Judge Vaughn Walker decide to accept the motion as is, he will read Cooper’s request to resolve the case before trial. Since the U.S. Supreme Court already forbid same-sex marriages decades ago [in Baker v. Nelson, 409 U.S. 810 (1972)], the defense contends that Walker must hew to that precedent and reject the plaintiffs’ constitutional claims.

3 comments:

Rick Xiao said...

Judge Walker has issued an interesting ruling. Walker began by endorsing all the arguments plaintiffs made against exceeding the page limit, remarking that “proponents’ memorandum is monumental.” But instead of denying proponents’ request, Walker granted plaintiffs the opportunity to file opposition papers of the same length as proponents’ 98-page motion for summary judgment. In so ruling, Judge Walker shows that he takes seriously all the arguments by all the parties. Given that the previous case management orders went mostly in plaintiffs’ favor, allowing parties to file equally long briefs indicates Judge Walker is open-minded and unbiased about the merits of the case. Judge Walker is known as a maverick and he has surely lived up to his reputation with this ruling.

Unite the Fight! said...

Awesome. I'm trying to find online any reference to this ruling. Is there a link to reporting?

Thanks!

Homo Rugger said...

Thanks for posting this. It's nice for those of us not in the legal community to have access to the actual filings that have not been filtered by the media.

From a PhD chemist's perspective, their argument is not particularly compelling, relying upon the same pseudoscience that is always trotted out.

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