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"content": "\u003cp>\u003ca href=\"http://www.imdb.com/name/nm0085257/\">Dustin Lance Black\u003c/a>, who snagged an Oscar for Best Original Screenplay by writing \u003cem>Milk\u003c/em> starring Sean Penn, has turned his talent to Prop. 8, using courtroom transcripts and interviews to create a Broadway-bound play called “8.”\u003c/p>\n\u003cp>And befitting Black’s reputation, 8 has attracted several luminaries from television and film — including Sir Morgan Freeman, hunky Cheyenne Jackson (“Glee” and “30 Rock”) and Marisa “My Cousin Vinny” Tomei. Tony-Award-winner Joe Mantello will direct.\u003c/p>\n\u003cp>They and the rest of the cast will be at the Eugene O’Neill Theatre in NYC September 19th for a one-night reading — a fundraiser for the American Foundation for Equal Rights (AFER).\u003c/p>\n\u003cp>It’s an artistic echo of \u003ca href=\"http://www.youtube.com/watch?v=B_hyT7_Bx9o\">Prop 8: The Musical\u003c/a> starring Jack Black as Jesus.\u003c/p>\n\u003cp>\u003ciframe loading=\"lazy\" width=\"420\" height=\"345\" src=\"http://www.youtube.com/embed/Ug3YkVhkemg\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>There was also a much, much more earnest (and not at all funny or entertaining) verbatim re-enactment of the Prop. 8 trial, based on actual court transcripts. \u003c!--more-->\u003c/p>\n\u003cp>You may recall the trial was set to be televised live until the U.S. Supreme Court stepped in as the trial was getting underway to pull the plug. Except, the plug wasn’t pulled — and over objections of Prop. 8 backers courtroom cameras recorded the entire trial.\u003c/p>\n\u003cp>After retired Judge Vaughn Walker used an excerpt of the tapes in a college lecture that aired on C-Span, Prop. 8 proponents sued to force Walker (and everyone else who has copies) to turn over the tapes.\u003c/p>\n\u003cp>Prop. 8 opponents filed a cross motion, asking federal Judge James Ware to lift the protective order and release the tapes — arguing legal attacks on Judge Walker’s integrity (Ware rejected efforts to have Walker’s Prop 8 decision overturned because Walker is gay).\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Oral arguments on that motion will be heard August 29th in San Francisco.\u003c/p>\n\n",
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"disqusTitle": "Interview: Analyzing the Upcoming Legal Question That Could Kill Prop 8",
"title": "Interview: Analyzing the Upcoming Legal Question That Could Kill Prop 8",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>Last week the California Supreme Court announced the next chapter in the long saga of Proposition 8 would be written September 6, when it will hear oral arguments on the question of standing.\u003c/p>\n\u003cfigure id=\"attachment_36112\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/Prop8plaintiffsSM2.jpg\">\u003cimg class=\"size-medium wp-image-36112\" title=\"Prop8plaintiffsSM\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/Prop8plaintiffsSM2-300x225.jpg\" alt=\"\" width=\"300\" height=\"225\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The plaintiffs that sued to overturn Prop 8. (Photo: KQED/Scott Shafer)\u003c/figcaption>\u003c/figure>\n\u003cp>The court's legal opinion on this issue may very well determine the fate of Proposition 8, the voter-approved initiative that banned same-sex marriage in California only to be nullified by a federal district court on constitutional grounds.\u003c/p>\n\u003cp>Because the state of California in the persons of Governor Arnold Schwarzennegger and Attorney General Jerry Brown declined to defend Proposition 8, the law's original sponsors took it upon themselves to appeal to the Ninth Circuit Court, which promptly asked for guidance from the California Supreme Court on the rather arcane legal question of whether a ballot initiative's sponsors had the right to defend a measure in the absence of support from state officials.\u003c/p>\n\u003cp>And that's where we are. Earlier this week, The California Report's Scott Shafer asked UC Davis Law Professor Vikram Amar to explain the legal issue of standing as it pertains to the Proposition 8 case. \u003c!--more-->\u003c/p>\n\u003cp>Amar said that If the California Supreme Court offers an opinion to the federal court that initiative sponsors don't have any special rights to standing under state law, it's likely that the federal court would accept that and the appeal by Prop 8 backers would die, because it would not have any legitimate backers under the law. They could then appeal to the U.S. Supreme Court, but it's unlikely the court would hear the case, Amar says.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Listen to the interview below. An edited transcript follows each audio clip:\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/prop8standing1.mp3\">\u003cstrong>Vik Amar Part 1\u003c/strong>\u003c/a>\u003cbr>\n[audio:http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/prop8standing1.mp3|titles=prop8standing1]\u003c/p>\n\u003cblockquote>\u003cp>\u003cstrong>Summarize the fundamental question the court will consider\u003c/strong>\u003c/p>\n\u003cp>The federal constitution limits the kinds of disputes that federal courts can hear. Article III of the constitution limits the federal courts to resolving only cases or controversies.\u003c/p>\n\u003caside class=\"pullquote alignleft\">Prop 8 defenders take the position \"if not us, then who?\"\u003c/aside>\n\u003cp>As a law professor there's a lot of things I might think about and want a legal answer for. For example, a lot of us might want an answer to the question of whether President Obama could have invoked the 14th Amendment to resolve the debt-ceiling impasse if it had come to that. But just because you want a question resolved doesn’t meant that courts can give you an answer.\u003c/p>\n\u003cp>So in the federal courts, there's developed this doctrine known as standing, and unless both parties to a lawsuit have a particularized interest in its outcome, a federal court cannot weight in and speak about the legal merits.\u003c/p>\n\u003cp>The question in this case is whether the proponents of Prop 8 who sponsored it for the ballot have any distinctive interest in whether Prop 8 remains valid or not, such that they can defend it in court when the ordinary defenders of state law, the attorney general and the governor, have decided not to defend it\u003c/p>\n\u003cp>\u003cstrong>Given that these proponents defended it the first time around in the lower court trial, why wouldn't they be allowed to now?\u003c/strong>\u003c/p>\n\u003cp>To be blunt, I don't think the trial court paid a whole lot of attention to the question of whether the proponents had standing to defend the measure in the absence of the attorney general and the governor.\u003c/p>\n\u003cp>It's true that they were allowed to intervene in the case. But intervening when there's already a governor and attorney general there who presumably will defend it is different than standing to defend in the absence of those public defendants.\u003c/p>\n\u003cp>The short of it is is that the lower court didn't really focus on this issue as much as would have been ideal. That's why when the case got to the 9th Circuit, the court saw the issue but didn't have a good record on which to resolve it, which is why the 9th Circuit has been thrashing around a little on the question, including seeking input from the California Supreme Court.\u003c/p>\n\u003cp>\u003cstrong>Is there a difference between the state's interest and voters' interest? In other words, the backers of Prop 8 are saying 'we're standing up for the voters, because no one else will…\"\u003c/strong>\u003c/p>\n\u003cp>Ordinarily in our government we rely on our elected representatives to represent our interests as voters. In states like California, where you have a direct democracy device like initiatives, things are a little more complicated because the very presence of an initiative suggests a belief on the part of Californians that sometimes elected officials in both the legislative and/or executive branch can't always be counted on to vindicate what the people of California really want.\u003c/p>\n\u003cp>So Prop 8 defenders or proponents take the position \"if not us, then who?\" Should the voters of California pass a law that should be allowed to die on the vine because the elected representatives aren't doing the people's work?\u003c/p>\n\u003caside class=\"pullquote alignleft\">The question: Are Prop 8 sponsors good surrogates for the voters when the voters never gave them that power?\u003c/aside>\n\u003cp>I think that's a plausible argument. The problem, though, is that the voters who passed Prop 8 never explicitly deputized the proponents of Prop 8 to speak on behalf of the people. Millions of people voted for Prop 8 for all kinds of reasons. And the people who voted for Prop 8 and made it law may not fully agree with the people who wrote and proposed it, so the question is whether they are good representatives or surrogates for the voters when the voters never gave them that power within the text of the proposition itself.\u003c/p>\n\u003cp>I think this would have been an easier question if Prop 8 had had a provision in it that said in the event that this proposition passes and is challenged in court, and the attorney general and the governor do not defend, then the proponents of the measure who sponsored it for the ballot shall be authorized to defend it. That would be a much easier case.\u003c/p>\n\u003cp>The same day that Prop 8 passed, the California redistricting commission measure passed, and that did have a provision in it that contemplated the possibility of a legal challenge and did empower the proponents of the measure to defend it in court.\u003c/p>\n\u003cp>On the one hand, hindsight is 20-20, but this is an issue that careful initiative thinkers could have had on their minds.\u003c/p>\u003c/blockquote>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/prop8standing2.mp\">\u003cstrong>Vik Amar Part 2\u003c/strong>\u003c/a>\u003cbr>\n[audio:http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/prop8standing2.mp3|titles=prop8standing2]\u003c/p>\n\u003cblockquote>\u003cp>\u003cstrong>The U.S. Supreme Court has ruled on this issue of standing with regard to Arizona's English-only law. How is that relevant here if at all? \u003c/strong>\u003c/p>\n\u003cp>It's very important because ultimately the question of whether the Prop 8 sponsors have standing in federal court is one of federal constitutional law over which the Supreme Court could have the final say if it wants to take the case.\u003c/p>\n\u003cp>The Arizona decision over a decade ago suggests that the Supreme Court is a little bit skeptical of initiative-sponsor standing in federal court. But the Supreme Court in that case did not actually render a holding; it had some language in that case that indicated that at that moment the justices didn't seem to think that initiative backers should have standing.\u003c/p>\n\u003cp>But in this case, that is going to be explored in more depth and the outcome is going to turn on that issue.\u003c/p>\n\u003cp>There's one other possible difference. As the 9th Circuit recognized when it asked the California Supreme Court for some input: this body or area of law involves a complicated interplay between federal standing doctrine and state law. So it's possible that Arizona state law is different than California state law in that in California, perhaps initiative sponsors have more rights and a stronger interest in vindicating the initiative that they sponsored.\u003c/p>\n\u003cp>That's exactly what the California Supreme court is being asked to weigh in on: How distinctive, how important are he sponsors of initiatives under California state law? And then the 9th circuit federal court will use that information to help it decide whether standing exists for the purposes of a federal lawsuit.\u003c/p>\n\u003cp>\u003cstrong>Has this issue been dealt with by the California Supreme Court before?\u003c/strong>\u003c/p>\n\u003cp>The court has had a few sentences in a few cases that might tend to suggest that standing under state law exists on the part of initiative sponsors. But just as was true in the Arizona case, there really is no clear holding in the California Supreme Court, which is why it has a lot of leeway to come up with an answer that it thinks is best today.\u003c/p>\u003c/blockquote>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/prop8standing3.mp3\">\u003cstrong>Vik Amar Part 3\u003c/strong>\u003c/a>\u003cbr>\n[audio:http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/prop8standing3.mp3|titles=prop8standing3]\u003c/p>\n\u003cblockquote>\u003cp>\u003cstrong>In the case of legal standing, is there a liberal-conservative split?\u003c/strong>\u003c/p>\n\u003cp>Questions like standing are complicated to examine from the perspective of political or ideological inclination. On the one hand, you could say that conservatives should not want cases to be brought in court very easily because they don’t want courts meddling with what legislatures do. So they should generally like a standing doctrine that limits access to courts to reduce litigation.\u003c/p>\n\u003cp>But on the other hand, a conservative might want a standing doctrine to be more generous to Prop 8 backers, to make sure that conservative initiatives like Prop 8 aren't killed by liberal elected politicians like attorneys general and governors.\u003c/p>\n\u003cp>So standing and doctrines like it sometimes invert political instincts, because these doctrines are manipulable enough that you can often use them to reach a particular result in a particular dispute without binding yourself in other standing cases down the road, where the parties may be different and your inclinations as to a result may be different.\u003c/p>\u003c/blockquote>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Last week the California Supreme Court announced the next chapter in the long saga of Proposition 8 would be written September 6, when it will hear oral arguments on the question of standing.\u003c/p>\n\u003cfigure id=\"attachment_36112\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/Prop8plaintiffsSM2.jpg\">\u003cimg class=\"size-medium wp-image-36112\" title=\"Prop8plaintiffsSM\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/Prop8plaintiffsSM2-300x225.jpg\" alt=\"\" width=\"300\" height=\"225\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The plaintiffs that sued to overturn Prop 8. (Photo: KQED/Scott Shafer)\u003c/figcaption>\u003c/figure>\n\u003cp>The court's legal opinion on this issue may very well determine the fate of Proposition 8, the voter-approved initiative that banned same-sex marriage in California only to be nullified by a federal district court on constitutional grounds.\u003c/p>\n\u003cp>Because the state of California in the persons of Governor Arnold Schwarzennegger and Attorney General Jerry Brown declined to defend Proposition 8, the law's original sponsors took it upon themselves to appeal to the Ninth Circuit Court, which promptly asked for guidance from the California Supreme Court on the rather arcane legal question of whether a ballot initiative's sponsors had the right to defend a measure in the absence of support from state officials.\u003c/p>\n\u003cp>And that's where we are. Earlier this week, The California Report's Scott Shafer asked UC Davis Law Professor Vikram Amar to explain the legal issue of standing as it pertains to the Proposition 8 case. \u003c!--more-->\u003c/p>\n\u003cp>Amar said that If the California Supreme Court offers an opinion to the federal court that initiative sponsors don't have any special rights to standing under state law, it's likely that the federal court would accept that and the appeal by Prop 8 backers would die, because it would not have any legitimate backers under the law. They could then appeal to the U.S. Supreme Court, but it's unlikely the court would hear the case, Amar says.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Listen to the interview below. An edited transcript follows each audio clip:\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/prop8standing1.mp3\">\u003cstrong>Vik Amar Part 1\u003c/strong>\u003c/a>\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cblockquote>\u003cp>\u003cstrong>Summarize the fundamental question the court will consider\u003c/strong>\u003c/p>\n\u003cp>The federal constitution limits the kinds of disputes that federal courts can hear. Article III of the constitution limits the federal courts to resolving only cases or controversies.\u003c/p>\n\u003caside class=\"pullquote alignleft\">Prop 8 defenders take the position \"if not us, then who?\"\u003c/aside>\n\u003cp>As a law professor there's a lot of things I might think about and want a legal answer for. For example, a lot of us might want an answer to the question of whether President Obama could have invoked the 14th Amendment to resolve the debt-ceiling impasse if it had come to that. But just because you want a question resolved doesn’t meant that courts can give you an answer.\u003c/p>\n\u003cp>So in the federal courts, there's developed this doctrine known as standing, and unless both parties to a lawsuit have a particularized interest in its outcome, a federal court cannot weight in and speak about the legal merits.\u003c/p>\n\u003cp>The question in this case is whether the proponents of Prop 8 who sponsored it for the ballot have any distinctive interest in whether Prop 8 remains valid or not, such that they can defend it in court when the ordinary defenders of state law, the attorney general and the governor, have decided not to defend it\u003c/p>\n\u003cp>\u003cstrong>Given that these proponents defended it the first time around in the lower court trial, why wouldn't they be allowed to now?\u003c/strong>\u003c/p>\n\u003cp>To be blunt, I don't think the trial court paid a whole lot of attention to the question of whether the proponents had standing to defend the measure in the absence of the attorney general and the governor.\u003c/p>\n\u003cp>It's true that they were allowed to intervene in the case. But intervening when there's already a governor and attorney general there who presumably will defend it is different than standing to defend in the absence of those public defendants.\u003c/p>\n\u003cp>The short of it is is that the lower court didn't really focus on this issue as much as would have been ideal. That's why when the case got to the 9th Circuit, the court saw the issue but didn't have a good record on which to resolve it, which is why the 9th Circuit has been thrashing around a little on the question, including seeking input from the California Supreme Court.\u003c/p>\n\u003cp>\u003cstrong>Is there a difference between the state's interest and voters' interest? In other words, the backers of Prop 8 are saying 'we're standing up for the voters, because no one else will…\"\u003c/strong>\u003c/p>\n\u003cp>Ordinarily in our government we rely on our elected representatives to represent our interests as voters. In states like California, where you have a direct democracy device like initiatives, things are a little more complicated because the very presence of an initiative suggests a belief on the part of Californians that sometimes elected officials in both the legislative and/or executive branch can't always be counted on to vindicate what the people of California really want.\u003c/p>\n\u003cp>So Prop 8 defenders or proponents take the position \"if not us, then who?\" Should the voters of California pass a law that should be allowed to die on the vine because the elected representatives aren't doing the people's work?\u003c/p>\n\u003caside class=\"pullquote alignleft\">The question: Are Prop 8 sponsors good surrogates for the voters when the voters never gave them that power?\u003c/aside>\n\u003cp>I think that's a plausible argument. The problem, though, is that the voters who passed Prop 8 never explicitly deputized the proponents of Prop 8 to speak on behalf of the people. Millions of people voted for Prop 8 for all kinds of reasons. And the people who voted for Prop 8 and made it law may not fully agree with the people who wrote and proposed it, so the question is whether they are good representatives or surrogates for the voters when the voters never gave them that power within the text of the proposition itself.\u003c/p>\n\u003cp>I think this would have been an easier question if Prop 8 had had a provision in it that said in the event that this proposition passes and is challenged in court, and the attorney general and the governor do not defend, then the proponents of the measure who sponsored it for the ballot shall be authorized to defend it. That would be a much easier case.\u003c/p>\n\u003cp>The same day that Prop 8 passed, the California redistricting commission measure passed, and that did have a provision in it that contemplated the possibility of a legal challenge and did empower the proponents of the measure to defend it in court.\u003c/p>\n\u003cp>On the one hand, hindsight is 20-20, but this is an issue that careful initiative thinkers could have had on their minds.\u003c/p>\u003c/blockquote>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/prop8standing2.mp\">\u003cstrong>Vik Amar Part 2\u003c/strong>\u003c/a>\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cblockquote>\u003cp>\u003cstrong>The U.S. Supreme Court has ruled on this issue of standing with regard to Arizona's English-only law. How is that relevant here if at all? \u003c/strong>\u003c/p>\n\u003cp>It's very important because ultimately the question of whether the Prop 8 sponsors have standing in federal court is one of federal constitutional law over which the Supreme Court could have the final say if it wants to take the case.\u003c/p>\n\u003cp>The Arizona decision over a decade ago suggests that the Supreme Court is a little bit skeptical of initiative-sponsor standing in federal court. But the Supreme Court in that case did not actually render a holding; it had some language in that case that indicated that at that moment the justices didn't seem to think that initiative backers should have standing.\u003c/p>\n\u003cp>But in this case, that is going to be explored in more depth and the outcome is going to turn on that issue.\u003c/p>\n\u003cp>There's one other possible difference. As the 9th Circuit recognized when it asked the California Supreme Court for some input: this body or area of law involves a complicated interplay between federal standing doctrine and state law. So it's possible that Arizona state law is different than California state law in that in California, perhaps initiative sponsors have more rights and a stronger interest in vindicating the initiative that they sponsored.\u003c/p>\n\u003cp>That's exactly what the California Supreme court is being asked to weigh in on: How distinctive, how important are he sponsors of initiatives under California state law? And then the 9th circuit federal court will use that information to help it decide whether standing exists for the purposes of a federal lawsuit.\u003c/p>\n\u003cp>\u003cstrong>Has this issue been dealt with by the California Supreme Court before?\u003c/strong>\u003c/p>\n\u003cp>The court has had a few sentences in a few cases that might tend to suggest that standing under state law exists on the part of initiative sponsors. But just as was true in the Arizona case, there really is no clear holding in the California Supreme Court, which is why it has a lot of leeway to come up with an answer that it thinks is best today.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cblockquote>\u003cp>\u003cstrong>In the case of legal standing, is there a liberal-conservative split?\u003c/strong>\u003c/p>\n\u003cp>Questions like standing are complicated to examine from the perspective of political or ideological inclination. On the one hand, you could say that conservatives should not want cases to be brought in court very easily because they don’t want courts meddling with what legislatures do. So they should generally like a standing doctrine that limits access to courts to reduce litigation.\u003c/p>\n\u003cp>But on the other hand, a conservative might want a standing doctrine to be more generous to Prop 8 backers, to make sure that conservative initiatives like Prop 8 aren't killed by liberal elected politicians like attorneys general and governors.\u003c/p>\n\u003cp>So standing and doctrines like it sometimes invert political instincts, because these doctrines are manipulable enough that you can often use them to reach a particular result in a particular dispute without binding yourself in other standing cases down the road, where the parties may be different and your inclinations as to a result may be different.\u003c/p>\u003c/blockquote>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Analysis: Prop 8 Standing Question May Be a Close Call; Oral Arguments Set for Sept 6",
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"content": "\u003cp>Months after agreeing to a request by the 9th Circuit Court of Appeals, the California Supreme Court has set a date (September 6th) for oral arguments to consider whether state law allows proponents of ballot measures to defend them in court when no one else will.\u003c/p>\n\u003cfigure id=\"attachment_35949\" class=\"wp-caption alignleft\" style=\"max-width: 200px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/Prop8plaintiffs.jpg\">\u003cimg class=\"size-full wp-image-35949\" title=\"Prop8plaintiffs\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/Prop8plaintiffs.jpg\" alt=\"\" width=\"200\" height=\"150\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Prop 8 plaintiffs. (Photo: Scott Shafer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The 9th Circuit panel hearing the appeal of Judge Vaughn Walker's decision striking down Proposition 8 is awaiting the State Supreme Court's decision on standing before it returns to the merits of this appeal.\u003c/p>\n\u003cp>UC Davis Law Professor Vikram Amar says the legal question is complicated and is not easily categorized in liberal versus conservative terms.\u003c/p>\n\u003cp>“On the one hand you could say conservatives should not want cases to be brought in court very easily because they don’t want the courts meddling with what the Legislature does,” says Amar. “So conservatives should generally like a standing doctrine that limits access to federal courts to reduce litigation and reduce lawsuits.” \u003c!--more-->\u003c/p>\n\u003cp>On the other hand, says Amar, “a conservative may want standing doctrine to be a little more generous to Prop. 8 backers to make sure initiatives like Prop. 8 aren’t killed by liberal elected politicians, like attorneys general and governors. So standing and issues like it sometimes invert political instincts because these doctrines are easy enough to manipulate so that you can often use them to reach a particular result in a particular dispute without binding yourself in other bind cases down the road … where your result inclinations may be different.”\u003c/p>\n\u003caside class=\"pullquote alignleft\">Standing and issues like it sometimes invert political instincts.\u003c/aside>\n\u003cp>If the court advises the 9th Circuit that California law does not give initiative proponents legal standing, it’s nearly certain the Prop. 8 appeal will die. And, Amar says, the chances the U.S. Supreme Court would take up an appeal of that are \"infinitesimally small.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Amar adds, “the U.S. Supreme Court I think has no burning desire to weigh in on gay marriage, especially since this is only a question about California.”\u003c/p>\n\u003cp>One other thing: In choosing September 6th, Chief Justice \u003ca href=\"http://en.wikipedia.org/wiki/Tani_Cantil-Sakauye\">Tani-Cantil Sakauye\u003c/a> signals what we all assume: Governor Brown's nominee \u003ca href=\"http://www.law.berkeley.edu/php-programs/faculty/facultyProfile.php?facID=4360\">Goodwin Liu\u003c/a> will be confirmed when the Commission on Judicial Appointments meets on August 31st. In addition to Cantil-Sakauye who chairs that panel, the other members are Attorney General Kamala Harris and Presiding Justice \u003ca href=\"http://judgepedia.org/index.php/Joan_Klein\">Joan Dempsey Klein\u003c/a>, of the Court of Appeal, Second Appellate District, Division Three (Los Angeles), senior presiding justice of the state Courts of Appeal. The Chief Justice is a Republican. Harris and Klein are Democrats (Klein was appointed to the bench in 1978 by Jerry Brown in his first term as governor).\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>This case will give us the first glimpse of how the new Chief Justice and presumably the junior member of the court, Justice-to-be-Liu, will deal with the question of same sex marriage, although the underlying issue here is standing.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Months after agreeing to a request by the 9th Circuit Court of Appeals, the California Supreme Court has set a date (September 6th) for oral arguments to consider whether state law allows proponents of ballot measures to defend them in court when no one else will.\u003c/p>\n\u003cfigure id=\"attachment_35949\" class=\"wp-caption alignleft\" style=\"max-width: 200px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/Prop8plaintiffs.jpg\">\u003cimg class=\"size-full wp-image-35949\" title=\"Prop8plaintiffs\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/Prop8plaintiffs.jpg\" alt=\"\" width=\"200\" height=\"150\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Prop 8 plaintiffs. (Photo: Scott Shafer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The 9th Circuit panel hearing the appeal of Judge Vaughn Walker's decision striking down Proposition 8 is awaiting the State Supreme Court's decision on standing before it returns to the merits of this appeal.\u003c/p>\n\u003cp>UC Davis Law Professor Vikram Amar says the legal question is complicated and is not easily categorized in liberal versus conservative terms.\u003c/p>\n\u003cp>“On the one hand you could say conservatives should not want cases to be brought in court very easily because they don’t want the courts meddling with what the Legislature does,” says Amar. “So conservatives should generally like a standing doctrine that limits access to federal courts to reduce litigation and reduce lawsuits.” \u003c!--more-->\u003c/p>\n\u003cp>On the other hand, says Amar, “a conservative may want standing doctrine to be a little more generous to Prop. 8 backers to make sure initiatives like Prop. 8 aren’t killed by liberal elected politicians, like attorneys general and governors. So standing and issues like it sometimes invert political instincts because these doctrines are easy enough to manipulate so that you can often use them to reach a particular result in a particular dispute without binding yourself in other bind cases down the road … where your result inclinations may be different.”\u003c/p>\n\u003caside class=\"pullquote alignleft\">Standing and issues like it sometimes invert political instincts.\u003c/aside>\n\u003cp>If the court advises the 9th Circuit that California law does not give initiative proponents legal standing, it’s nearly certain the Prop. 8 appeal will die. And, Amar says, the chances the U.S. Supreme Court would take up an appeal of that are \"infinitesimally small.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Amar adds, “the U.S. Supreme Court I think has no burning desire to weigh in on gay marriage, especially since this is only a question about California.”\u003c/p>\n\u003cp>One other thing: In choosing September 6th, Chief Justice \u003ca href=\"http://en.wikipedia.org/wiki/Tani_Cantil-Sakauye\">Tani-Cantil Sakauye\u003c/a> signals what we all assume: Governor Brown's nominee \u003ca href=\"http://www.law.berkeley.edu/php-programs/faculty/facultyProfile.php?facID=4360\">Goodwin Liu\u003c/a> will be confirmed when the Commission on Judicial Appointments meets on August 31st. In addition to Cantil-Sakauye who chairs that panel, the other members are Attorney General Kamala Harris and Presiding Justice \u003ca href=\"http://judgepedia.org/index.php/Joan_Klein\">Joan Dempsey Klein\u003c/a>, of the Court of Appeal, Second Appellate District, Division Three (Los Angeles), senior presiding justice of the state Courts of Appeal. The Chief Justice is a Republican. Harris and Klein are Democrats (Klein was appointed to the bench in 1978 by Jerry Brown in his first term as governor).\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>This case will give us the first glimpse of how the new Chief Justice and presumably the junior member of the court, Justice-to-be-Liu, will deal with the question of same sex marriage, although the underlying issue here is standing.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Will New York Break Same-Sex Marriage Log Jam in CA?",
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"content": "\u003cfigure id=\"attachment_32373\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/06/Prop8plaintiffs.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/06/Prop8plaintiffs-300x225.jpg\" alt=\"\" title=\"Prop8plaintiffs\" width=\"300\" height=\"225\" class=\"size-medium wp-image-32373\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Plaintiffs in the Prop 8 case. Photo: Scott Shafer\u003c/figcaption>\u003c/figure>\n\u003cp>Friday's dramatic \u003ca href=\"http://www.nytimes.com/2011/06/25/nyregion/gay-marriage-approved-by-new-york-senate.html?_r=1&scp=7&sq=gay%20marriage&st=cse\">passage of a law\u003c/a> permitting same sex marriage in New York State raises the obvious question: What does this mean for California? The answer? A squishy \"too soon to tell.\" \u003c/p>\n\u003cp>New York has a set of circumstances unique to that state, including an extremely popular Catholic governor with an openly gay \"brother-in-law\"; relatively liberal Republican legislators; \u003ca href=\"http://topics.nytimes.com/top/reference/timestopics/subjects/s/same_sex_marriage/index.html\">Wall Street Republicans\u003c/a> willing to buck up wobbling GOP legislators, strong public support for gay marriage (58% in recent polls) and the ability to write the law in a way that allayed \u003ca href=\"http://dioceseofbrooklyn.org/default_article.aspx?id=5746\">concerns of the Catholic Church\u003c/a>. \u003c/p>\n\u003cp>Here in California, Prop. 8 is mired in legal battle. While supporters of same sex marriage have won important legal victories, including the recent rejection of a motion to strike down Vaughn Walker's Prop. 8 decision, the issue is in some ways on the slow track.\u003c/p>\n\u003cp>The \u003ca href=\"http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000513\">appeal\u003c/a> of Walker's decision is stalled at the \u003ca href=\"http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000513\">9th Circuit\u003c/a>, which awaits legal advice from the \u003ca href=\"http://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=0&doc_id=1966489&doc_no=S189476\">California Supreme Court\u003c/a> on whether Prop. 8 backers have legal standing to appeal Judge Walker's decision. A date for oral arguments has not been set. It was thought to happen in September, but until a 7th justice is appointed by Governor Brown to replace retired justice Carlos Moreno my guess is the court will be reluctant to schedule it. Otherwise there's a risk that a random Appeals Court judge will sit in as the 7th justice and take part in the decision -- not a good scenario for the new Chief Justice. \u003c!--more--> \u003c/p>\n\u003cp>As for the politics, insiders say it's highly unlikely gay marriage will be back on the ballot in California before Prop 8 plays out in court. That could be 2012 or 13 ... meaning the 2014 ballot at the earliest. Reason: Who wants to fund a ballot measure that could lose and undermine what is so far a successful legal challenge in federal court?\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>So, as for the impact of New York on California? It surely makes same sex marriage more broadly available and therefore less \"marginal\" in the U.S. That could affect judges, including Anthony Kennedy who most agree is the key US Supreme Court justice on this issue. They often don't like to get too far out in front of the public.\u003c/p>\n\u003cp>That said, at least two other states -- \u003ca href=\"http://minnesotaindependent.com/83216/supporters-of-minnesota-gay-marriage-ban-react-to-new-york-vote\">Minnesota\u003c/a> and N. Carolina -- are said to be considering ballot measures banning gay marriage. So -- this issue is far from done.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"http://www.kqed.org/a/forum/R201106270931\">\u003cem>Listen to KQED's Scott Shafer and NPR's Ken Rudin discuss the New York same-sex marraige law on KQED Radio's Forum\u003c/em>\u003c/a>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_32373\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/06/Prop8plaintiffs.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/06/Prop8plaintiffs-300x225.jpg\" alt=\"\" title=\"Prop8plaintiffs\" width=\"300\" height=\"225\" class=\"size-medium wp-image-32373\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Plaintiffs in the Prop 8 case. Photo: Scott Shafer\u003c/figcaption>\u003c/figure>\n\u003cp>Friday's dramatic \u003ca href=\"http://www.nytimes.com/2011/06/25/nyregion/gay-marriage-approved-by-new-york-senate.html?_r=1&scp=7&sq=gay%20marriage&st=cse\">passage of a law\u003c/a> permitting same sex marriage in New York State raises the obvious question: What does this mean for California? The answer? A squishy \"too soon to tell.\" \u003c/p>\n\u003cp>New York has a set of circumstances unique to that state, including an extremely popular Catholic governor with an openly gay \"brother-in-law\"; relatively liberal Republican legislators; \u003ca href=\"http://topics.nytimes.com/top/reference/timestopics/subjects/s/same_sex_marriage/index.html\">Wall Street Republicans\u003c/a> willing to buck up wobbling GOP legislators, strong public support for gay marriage (58% in recent polls) and the ability to write the law in a way that allayed \u003ca href=\"http://dioceseofbrooklyn.org/default_article.aspx?id=5746\">concerns of the Catholic Church\u003c/a>. \u003c/p>\n\u003cp>Here in California, Prop. 8 is mired in legal battle. While supporters of same sex marriage have won important legal victories, including the recent rejection of a motion to strike down Vaughn Walker's Prop. 8 decision, the issue is in some ways on the slow track.\u003c/p>\n\u003cp>The \u003ca href=\"http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000513\">appeal\u003c/a> of Walker's decision is stalled at the \u003ca href=\"http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000513\">9th Circuit\u003c/a>, which awaits legal advice from the \u003ca href=\"http://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=0&doc_id=1966489&doc_no=S189476\">California Supreme Court\u003c/a> on whether Prop. 8 backers have legal standing to appeal Judge Walker's decision. A date for oral arguments has not been set. It was thought to happen in September, but until a 7th justice is appointed by Governor Brown to replace retired justice Carlos Moreno my guess is the court will be reluctant to schedule it. Otherwise there's a risk that a random Appeals Court judge will sit in as the 7th justice and take part in the decision -- not a good scenario for the new Chief Justice. \u003c!--more--> \u003c/p>\n\u003cp>As for the politics, insiders say it's highly unlikely gay marriage will be back on the ballot in California before Prop 8 plays out in court. That could be 2012 or 13 ... meaning the 2014 ballot at the earliest. Reason: Who wants to fund a ballot measure that could lose and undermine what is so far a successful legal challenge in federal court?\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>So, as for the impact of New York on California? It surely makes same sex marriage more broadly available and therefore less \"marginal\" in the U.S. That could affect judges, including Anthony Kennedy who most agree is the key US Supreme Court justice on this issue. They often don't like to get too far out in front of the public.\u003c/p>\n\u003cp>That said, at least two other states -- \u003ca href=\"http://minnesotaindependent.com/83216/supporters-of-minnesota-gay-marriage-ban-react-to-new-york-vote\">Minnesota\u003c/a> and N. Carolina -- are said to be considering ballot measures banning gay marriage. So -- this issue is far from done.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"http://www.kqed.org/a/forum/R201106270931\">\u003cem>Listen to KQED's Scott Shafer and NPR's Ken Rudin discuss the New York same-sex marraige law on KQED Radio's Forum\u003c/em>\u003c/a>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Motion to Overturn Vaughn Walker's Prop 8 Ruling Based on His Same-Sex Relationship Fails; Read Excerpts",
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"content": "\u003cp>Last year, Judge Vaughn Walker, now retired, \u003ca href=\"http://www.csmonitor.com/USA/Justice/2010/0804/Prop.-8-overturned-Why-Vaughn-Walker-ruled-against-gay-marriage-ban\">ruled\u003c/a> that Proposition 8, California's same-sex marriage ban, was unconstitutional. \u003c/p>\n\u003cp>One of the legal rationales Prop 8 supporters have used in trying to get Walker's ruling overturned is that the judge's long-term same-sex marriage, which he \u003ca href=\"http://www.reuters.com/article/2011/04/06/us-gaymarriage-judge-idUSTRE7356TA20110406\">divulged to reporters\u003c/a> a couple of months ago, should have disqualified him from presiding over the case because of a potential personal interest in its outcome. \u003c/p>\n\u003cp>District Court of Northern California Judge James Ware, Walker's replacement, wasted no time in ruling against that argument. The motion, \u003ca href=\"http://ww2.kqed.org/news/2011/06/13/live-scott-shafer-tweets-from-the-prop-8-hearing-on-former-judge-vaughn-walkers-same-sex-relationship/\">argued just yesterday\u003c/a>, has been denied. \u003c/p>\n\u003cp>\u003ca href=\"https://ecf.cand.uscourts.gov/cand/09cv2292/files/797.pdf\">\u003cstrong>Read a .pdf of the ruling here\u003c/strong>\u003c/a>.\u003c/p>\n\u003cp>Here is just some of the reasoning that Judge James Ware used in refusing to throw out Judge Walker's ruling. \u003c/p>\n\u003cblockquote>\u003cp>The presumption that Judge Walker, by virtue of being in a same-sex relationship, had a desire to be married that rendered him incapable of making an impartial decision, is as warrantless as the presumption that a female judge is incapable of being impartial in a case in which women seek legal relief. On the contrary: it is reasonable to presume that a female judge or a judge in a same-sex relationship is capable of rising above any personal predisposition and deciding such a case on the merits. The Motion fails to cite any evidence that Judge Walker would be incapable of being impartial, but to presume that Judge Walker was incapable of being impartial, without concrete evidence to support that presumption, is inconsistent with what is required under a reasonableness standard.\u003c/p>\u003c/blockquote>\n\u003cp>----------------------------------------------------------------------------------------------------------------------\u003cbr>\n\u003c!--more-->\u003c/p>\n\u003cblockquote>\u003cp>These cases lead the Court to adopt the following legal conclusion: In a case that could affect the general public based on the circumstances or characteristics of various members of that public, the fact that a federal judge happens to share the same circumstances or characteristic and will only be affected in a similar manner because the judge is a member of the public, is not a basis for disqualifying the judge under Section 455(b)(4).\u003c/p>\u003c/blockquote>\n\u003cp>----------------------------------------------------------------------------------------------------------------------\u003c/p>\n\u003cblockquote>\u003cp>The fact that this is a case challenging a law on equal protection and due process grounds being prosecuted by members of a minority group does not mean that members of the minority group have a greater interest in equal protection and due process than the rest of society. In our society, a variety of citizens of different backgrounds coexist because we have constitutionally bound ourselves to protect the fundamental rights of one another from being violated by unlawful treatment. Thus, we all have an equal stake in a case that challenges the constitutionality of a restriction on a fundamental right.\u003c/p>\u003c/blockquote>\n\u003cp>----------------------------------------------------------------------------------------------------------------------\u003c/p>\n\u003cblockquote>\u003cp>Defendant-Intervenors contend that consideration of the fact that Judge Walker “has\u003cbr>\nbeen involved in a 10-year (8-year at the time that Plaintiffs commenced this suit) committed same-sex relationship” would lead a reasonable person to question Judge Walker’s impartiality. The Court finds that disqualification under Section 455(a) on the basis of this fact fails, because it depends upon the assumption that a judge who is in a relationship has an interest in getting married which is so powerful that it would render that judge incapable of performing his duties.\u003c/p>\n\u003cp>Under Ninth Circuit law, however, this assumption is unreasonable. A well-informed, thoughtful observer would recognize that the mere fact that a judge is in a relationship with another person–whether of the same or the opposite sex–does not ipso facto imply that the judge must be so interested in marrying that person that he would be unable to exhibit the impartiality which, it is presumed, all federal judges maintain...To assume otherwise is to engage in speculation about a judge’s motives and desires on the basis of an unsubstantiated suspicion that the judge is personally biased or prejudiced. Mere speculation of that nature does not trigger the recusal requirements of Section 455(a). \u003c/p>\u003c/blockquote>\n\u003cp>\u003cem>Update 4 p.m.\u003c/em> Scott Shafer interviewed UC Davis law professor Vik Amar about the ruling today, and Amar made the following point: Judge Ware's decision alludes to the lack of certainty that Judge Walker, who is in a long-term, same-sex relationship, had a desire to get married. One of Ware's reasons for denying the motion to vacate is that because Walker didn't \u003cem>necessarily\u003c/em> have that desire, he didn't have to recuse himself. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But what if, Amar says, Walker had publicly expressed an interest in getting married? Would there then have been an obligation on his part to recuse himself? The decision doesn't address that, says Amar.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/06/VikAmarRecusal.mp3\">\u003cem>Listen to the interview here\u003c/em>\u003c/a>:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>[audio:http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/06/VikAmarRecusal.mp3|titles=VikAmarRecusal]\u003c/p>\n\n",
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"description": "Last year, Judge Vaughn Walker, now retired, ruled that Proposition 8, California's same-sex marriage ban, was unconstitutional. One of the legal rationales Prop 8 supporters have used in trying to get Walker's ruling overturned is that the judge's long-term same-sex marriage, which he divulged to reporters a couple of months ago, should have disqualified him",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Last year, Judge Vaughn Walker, now retired, \u003ca href=\"http://www.csmonitor.com/USA/Justice/2010/0804/Prop.-8-overturned-Why-Vaughn-Walker-ruled-against-gay-marriage-ban\">ruled\u003c/a> that Proposition 8, California's same-sex marriage ban, was unconstitutional. \u003c/p>\n\u003cp>One of the legal rationales Prop 8 supporters have used in trying to get Walker's ruling overturned is that the judge's long-term same-sex marriage, which he \u003ca href=\"http://www.reuters.com/article/2011/04/06/us-gaymarriage-judge-idUSTRE7356TA20110406\">divulged to reporters\u003c/a> a couple of months ago, should have disqualified him from presiding over the case because of a potential personal interest in its outcome. \u003c/p>\n\u003cp>District Court of Northern California Judge James Ware, Walker's replacement, wasted no time in ruling against that argument. The motion, \u003ca href=\"http://ww2.kqed.org/news/2011/06/13/live-scott-shafer-tweets-from-the-prop-8-hearing-on-former-judge-vaughn-walkers-same-sex-relationship/\">argued just yesterday\u003c/a>, has been denied. \u003c/p>\n\u003cp>\u003ca href=\"https://ecf.cand.uscourts.gov/cand/09cv2292/files/797.pdf\">\u003cstrong>Read a .pdf of the ruling here\u003c/strong>\u003c/a>.\u003c/p>\n\u003cp>Here is just some of the reasoning that Judge James Ware used in refusing to throw out Judge Walker's ruling. \u003c/p>\n\u003cblockquote>\u003cp>The presumption that Judge Walker, by virtue of being in a same-sex relationship, had a desire to be married that rendered him incapable of making an impartial decision, is as warrantless as the presumption that a female judge is incapable of being impartial in a case in which women seek legal relief. On the contrary: it is reasonable to presume that a female judge or a judge in a same-sex relationship is capable of rising above any personal predisposition and deciding such a case on the merits. The Motion fails to cite any evidence that Judge Walker would be incapable of being impartial, but to presume that Judge Walker was incapable of being impartial, without concrete evidence to support that presumption, is inconsistent with what is required under a reasonableness standard.\u003c/p>\u003c/blockquote>\n\u003cp>----------------------------------------------------------------------------------------------------------------------\u003cbr>\n\u003c!--more-->\u003c/p>\n\u003cblockquote>\u003cp>These cases lead the Court to adopt the following legal conclusion: In a case that could affect the general public based on the circumstances or characteristics of various members of that public, the fact that a federal judge happens to share the same circumstances or characteristic and will only be affected in a similar manner because the judge is a member of the public, is not a basis for disqualifying the judge under Section 455(b)(4).\u003c/p>\u003c/blockquote>\n\u003cp>----------------------------------------------------------------------------------------------------------------------\u003c/p>\n\u003cblockquote>\u003cp>The fact that this is a case challenging a law on equal protection and due process grounds being prosecuted by members of a minority group does not mean that members of the minority group have a greater interest in equal protection and due process than the rest of society. In our society, a variety of citizens of different backgrounds coexist because we have constitutionally bound ourselves to protect the fundamental rights of one another from being violated by unlawful treatment. Thus, we all have an equal stake in a case that challenges the constitutionality of a restriction on a fundamental right.\u003c/p>\u003c/blockquote>\n\u003cp>----------------------------------------------------------------------------------------------------------------------\u003c/p>\n\u003cblockquote>\u003cp>Defendant-Intervenors contend that consideration of the fact that Judge Walker “has\u003cbr>\nbeen involved in a 10-year (8-year at the time that Plaintiffs commenced this suit) committed same-sex relationship” would lead a reasonable person to question Judge Walker’s impartiality. The Court finds that disqualification under Section 455(a) on the basis of this fact fails, because it depends upon the assumption that a judge who is in a relationship has an interest in getting married which is so powerful that it would render that judge incapable of performing his duties.\u003c/p>\n\u003cp>Under Ninth Circuit law, however, this assumption is unreasonable. A well-informed, thoughtful observer would recognize that the mere fact that a judge is in a relationship with another person–whether of the same or the opposite sex–does not ipso facto imply that the judge must be so interested in marrying that person that he would be unable to exhibit the impartiality which, it is presumed, all federal judges maintain...To assume otherwise is to engage in speculation about a judge’s motives and desires on the basis of an unsubstantiated suspicion that the judge is personally biased or prejudiced. Mere speculation of that nature does not trigger the recusal requirements of Section 455(a). \u003c/p>\u003c/blockquote>\n\u003cp>\u003cem>Update 4 p.m.\u003c/em> Scott Shafer interviewed UC Davis law professor Vik Amar about the ruling today, and Amar made the following point: Judge Ware's decision alludes to the lack of certainty that Judge Walker, who is in a long-term, same-sex relationship, had a desire to get married. One of Ware's reasons for denying the motion to vacate is that because Walker didn't \u003cem>necessarily\u003c/em> have that desire, he didn't have to recuse himself. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But what if, Amar says, Walker had publicly expressed an interest in getting married? Would there then have been an obligation on his part to recuse himself? The decision doesn't address that, says Amar.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/06/VikAmarRecusal.mp3\">\u003cem>Listen to the interview here\u003c/em>\u003c/a>:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>At the end of Monday's 3-hour long oral arguments, District Court Judge \u003ca href=\"http://www.cand.uscourts.gov/jw\">James Ware\u003c/a> said he hoped to have a written ruling on the motion to have Judge Vaughn Walker's Prop 8 ruling vacated \"within 24 hours\".\u003c/p>\n\u003cp>The bottom line issue: Did Judge Walker have a duty to \u003ca href=\"http://www.reuters.com/article/2011/04/06/us-gaymarriage-judge-idUSTRE7356TA20110406\">recuse himself\u003c/a> from the Prop. 8 trial or at the very least disclose he was in a same sex relationship. Prop. 8 lawyers say that left him \"in the same shoes\" as the two same sex couples before him, with a direct personal interest in the outcome of the case.\u003c/p>\n\u003cp>Both sides more or less stuck to their pre-trial briefing. Judge Ware homed in on whether the standard for recusal is subjective or objective -- and how a personal interest differed from a financial interest.\u003c/p>\n\u003cp>There was some fun back and forth with Judge Ware and Prop. 8 attorney Charles Cooper about relationships. Cooper asserted that people in a 10-year relationship like Walker's would \"ordinarily have an interest in marriage.\" Ware: \"Isn't that an assumption -- not all long term relationships lead to marriage.\" Cooper said only long term platonic relationships are not assumed to head toward marriage. \u003c!--more-->\u003c/p>\n\u003cp>Ware asked repeatedly: \"Do you have evidence Judge Ware was interested in marriage? Or are you saying the fact that he didn't disclose it is evidence that he wanted to get married.\" Then, \"how does failure to disclose his relationship indicate he wanted to get married?\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Ware noted that Cooper never answered the question, which could well come back to haunt him.\u003c/p>\n\u003cp>Ware, who is African American, asked if a reasonable person thought a Black judge couldn't be impartial on a civil rights case was that sufficient for a judge to recuse? Cooper said it was not.\u003c/p>\n\u003cp>Then Ware asked: Is there anything about being in a same sex relationship that would cause a reasonable person to conclude that a judge could not be unbiased.\u003c/p>\n\u003cp>Ware also asked if a female judge who had been raped should have to disclose that in a trial about sexual assault.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The line of questioning strongly suggests Judge Ware will reject the Motion to vacate Judge Walker's decision.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>At the end of Monday's 3-hour long oral arguments, District Court Judge \u003ca href=\"http://www.cand.uscourts.gov/jw\">James Ware\u003c/a> said he hoped to have a written ruling on the motion to have Judge Vaughn Walker's Prop 8 ruling vacated \"within 24 hours\".\u003c/p>\n\u003cp>The bottom line issue: Did Judge Walker have a duty to \u003ca href=\"http://www.reuters.com/article/2011/04/06/us-gaymarriage-judge-idUSTRE7356TA20110406\">recuse himself\u003c/a> from the Prop. 8 trial or at the very least disclose he was in a same sex relationship. Prop. 8 lawyers say that left him \"in the same shoes\" as the two same sex couples before him, with a direct personal interest in the outcome of the case.\u003c/p>\n\u003cp>Both sides more or less stuck to their pre-trial briefing. Judge Ware homed in on whether the standard for recusal is subjective or objective -- and how a personal interest differed from a financial interest.\u003c/p>\n\u003cp>There was some fun back and forth with Judge Ware and Prop. 8 attorney Charles Cooper about relationships. Cooper asserted that people in a 10-year relationship like Walker's would \"ordinarily have an interest in marriage.\" Ware: \"Isn't that an assumption -- not all long term relationships lead to marriage.\" Cooper said only long term platonic relationships are not assumed to head toward marriage. \u003c!--more-->\u003c/p>\n\u003cp>Ware asked repeatedly: \"Do you have evidence Judge Ware was interested in marriage? Or are you saying the fact that he didn't disclose it is evidence that he wanted to get married.\" Then, \"how does failure to disclose his relationship indicate he wanted to get married?\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Ware noted that Cooper never answered the question, which could well come back to haunt him.\u003c/p>\n\u003cp>Ware, who is African American, asked if a reasonable person thought a Black judge couldn't be impartial on a civil rights case was that sufficient for a judge to recuse? Cooper said it was not.\u003c/p>\n\u003cp>Then Ware asked: Is there anything about being in a same sex relationship that would cause a reasonable person to conclude that a judge could not be unbiased.\u003c/p>\n\u003cp>Ware also asked if a female judge who had been raped should have to disclose that in a trial about sexual assault.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The line of questioning strongly suggests Judge Ware will reject the Motion to vacate Judge Walker's decision.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cfigure id=\"attachment_30636\" class=\"wp-caption alignright\" style=\"max-width: 167px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/06/VaughnRWalkerSM.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/06/VaughnRWalkerSM.jpg\" alt=\"\" title=\"VaughnRWalkerSM\" width=\"150\" height=\"189\" class=\"size-full wp-image-30636\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Judge Vaughn R. Walker\u003c/figcaption>\u003c/figure>\n\u003cp>The California Report's Scott Shafer \u003ca href=\"http://twitter.com/#!/kqednewslive\">\u003cstrong>tweeted live\u003c/strong>\u003c/a> today from the Proposition 8 hearing at the U.S. District Court for Northern California. The issue before \u003ca href=\"http://www.cand.uscourts.gov/jw\">Chief Judge James Ware\u003c/a>: Should Vaughn Walker, the judge's predecessor, have disclosed his \u003ca href=\"http://www.reuters.com/article/2011/04/06/us-gaymarriage-judge-idUSTRE7356TA20110406\">long-term same-sex relationship\u003c/a> before he adjudicated the Proposition 8 case because of potential bias?\u003c/p>\n\u003cp>\u003cem>Update 1 p.m.\u003c/em> KQED's Joshua Johnson debriefed Scott Shafer mid-way through the proceedings, after the attorneys for Proposition 8 had made their case. Shafer reports that the Prop 8 attorneys asserted that their motion to vacate does not relate to Judge Walker's sexual orientation, but rather to his being in a long-term same-sex relationship, which they contend he should have disclosed. Judge Ware then questioned Prop 8 attorney Charles Cooper on whether or not being in a long term relationship meant you necessarily wanted to get married. \u003c/p>\n\u003cp>The judge, Shafer reports, really homed in on the question of whether sexual orientation is equivalent to race or gender when it comes to issues of judicial bias. Can a black judge or female judge rule impartially on race or sexual assault issues, he asked. At one point, the judge queried Prop 8 attorneys as to whether a female judge who'd been raped would have to disclose that in a case concerning sexual assault. \"That was a tough question for Charles Cooper (Prop 8 attorney) to answer,\" Shafer reports.\u003c/p>\n\u003cp>Listen: \u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/06/Prop8WalkerShafer.mp3\">\u003cem>Scott Shafer's report on first half of oral arguments\u003c/em>\u003c/a>\u003cbr>\n[audio:http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/06/Prop8WalkerShafer.mp3|titles=Prop8WalkerShafer]\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>You can also listen to Scott Shafer's \u003ca href=\"http://www.npr.org/2011/06/13/137109321/when-a-gay-judge-rules-on-gay-rights\">NPR report\u003c/a> from before the hearing. Here is the \u003ca href=\"http://blogs.kqed.org/prop8/files/2011/04/Motion-to-Vacate-doc-768.pdf\">motion to vacate\u003c/a> filed by Prop 8 lawyers. The argument against Judge Walker starts on page 9. Shafer reported on his \u003ca href=\"http://blogs.kqed.org/prop8/2011/06/10/was-the-gay-judge-pro-gay/\">Proposition 8 blog\u003c/a> Friday that the motion is unlikely to succeed, at least according to the legal experts he spoke with:\u003c/p>\n\u003cblockquote>\u003cp>Most legal experts I've talked to doubt the motion has much merit. First, it's very late. These kinds of challenges need to be immediate -- like during the trial. Second, this is like saying a black judge can't fairly rule on civil rights cases, or female jurists cannot be impartial about gender equity issues. The very premise of our legal system is that justice is blind -- that judges set aside their own perspective (as women, minorities, or presumably gay and lesbian judges) and rule based on the law.\n\u003c/p>\u003c/blockquote>\n\u003cp>You can read about the arguments anti-Prop 8 attorney Ted Boutros made in the second half of the hearing in Scott Shafer's tweets below:\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>http://storify.com/kqednews/live-tweets-from-prop-8-hearing-on-judges-sexual-o\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"https://twitter.com/#!/moyalynne/prop-8-trial\">More live tweeters here\u003c/a>.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_30636\" class=\"wp-caption alignright\" style=\"max-width: 167px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/06/VaughnRWalkerSM.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/06/VaughnRWalkerSM.jpg\" alt=\"\" title=\"VaughnRWalkerSM\" width=\"150\" height=\"189\" class=\"size-full wp-image-30636\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Judge Vaughn R. Walker\u003c/figcaption>\u003c/figure>\n\u003cp>The California Report's Scott Shafer \u003ca href=\"http://twitter.com/#!/kqednewslive\">\u003cstrong>tweeted live\u003c/strong>\u003c/a> today from the Proposition 8 hearing at the U.S. District Court for Northern California. The issue before \u003ca href=\"http://www.cand.uscourts.gov/jw\">Chief Judge James Ware\u003c/a>: Should Vaughn Walker, the judge's predecessor, have disclosed his \u003ca href=\"http://www.reuters.com/article/2011/04/06/us-gaymarriage-judge-idUSTRE7356TA20110406\">long-term same-sex relationship\u003c/a> before he adjudicated the Proposition 8 case because of potential bias?\u003c/p>\n\u003cp>\u003cem>Update 1 p.m.\u003c/em> KQED's Joshua Johnson debriefed Scott Shafer mid-way through the proceedings, after the attorneys for Proposition 8 had made their case. Shafer reports that the Prop 8 attorneys asserted that their motion to vacate does not relate to Judge Walker's sexual orientation, but rather to his being in a long-term same-sex relationship, which they contend he should have disclosed. Judge Ware then questioned Prop 8 attorney Charles Cooper on whether or not being in a long term relationship meant you necessarily wanted to get married. \u003c/p>\n\u003cp>The judge, Shafer reports, really homed in on the question of whether sexual orientation is equivalent to race or gender when it comes to issues of judicial bias. Can a black judge or female judge rule impartially on race or sexual assault issues, he asked. At one point, the judge queried Prop 8 attorneys as to whether a female judge who'd been raped would have to disclose that in a case concerning sexual assault. \"That was a tough question for Charles Cooper (Prop 8 attorney) to answer,\" Shafer reports.\u003c/p>\n\u003cp>Listen: \u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/06/Prop8WalkerShafer.mp3\">\u003cem>Scott Shafer's report on first half of oral arguments\u003c/em>\u003c/a>\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>You can also listen to Scott Shafer's \u003ca href=\"http://www.npr.org/2011/06/13/137109321/when-a-gay-judge-rules-on-gay-rights\">NPR report\u003c/a> from before the hearing. Here is the \u003ca href=\"http://blogs.kqed.org/prop8/files/2011/04/Motion-to-Vacate-doc-768.pdf\">motion to vacate\u003c/a> filed by Prop 8 lawyers. The argument against Judge Walker starts on page 9. Shafer reported on his \u003ca href=\"http://blogs.kqed.org/prop8/2011/06/10/was-the-gay-judge-pro-gay/\">Proposition 8 blog\u003c/a> Friday that the motion is unlikely to succeed, at least according to the legal experts he spoke with:\u003c/p>\n\u003cblockquote>\u003cp>Most legal experts I've talked to doubt the motion has much merit. First, it's very late. These kinds of challenges need to be immediate -- like during the trial. Second, this is like saying a black judge can't fairly rule on civil rights cases, or female jurists cannot be impartial about gender equity issues. The very premise of our legal system is that justice is blind -- that judges set aside their own perspective (as women, minorities, or presumably gay and lesbian judges) and rule based on the law.\n\u003c/p>\u003c/blockquote>\n\u003cp>You can read about the arguments anti-Prop 8 attorney Ted Boutros made in the second half of the hearing in Scott Shafer's tweets below:\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>http://storify.com/kqednews/live-tweets-from-prop-8-hearing-on-judges-sexual-o\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"https://twitter.com/#!/moyalynne/prop-8-trial\">More live tweeters here\u003c/a>.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003ca href=\"http://en.wikipedia.org/wiki/James_Ware_(judge)\">James Ware\u003c/a>, Chief Judge of the Northern District of California, today issued an order expediting the hearing schedule for efforts have Judge Walker's \u003ca href=\"http://blogs.kqed.org/prop8/files/2011/04/Prop8Decision1.pdf\">Prop. 8 decision\u003c/a> striking down Prop. 8 vacated. \"Due to the nature of the Motion,\" Ware wrote, \"the Court finds good cause to expedite and specifically set a hearing on the Motion.\"\u003c/p>\n\u003cp>Prop. 8 proponents say Walker, as a gay man in a committed relationship, had a stake in the outcome of his own decision. They say in a motion to toss out that ruling, that Walker at the very least should have acknowledged the conflict, and perhaps should have recused himself.\u003c/p>\n\u003cp>In his order today Judge Ware, an appointee of President Bill Clinton, gave parties until May 13th to respond to the motion to vacate. A hearing date is scheduled for June 13th at 9 am in San Francisco.\u003c/p>\n\u003cp>The Prop. 8 lawsuit ended up in Walker's courtroom by a totally random process of assigning cases to judges. It's computer generated. There have been rumors about Walker's sexual orientation for many years, but he never acknowledged he was gay until after he retired from the bench. He spoke of his 10-year relationship with a physician in a Reuters \u003ca href=\"http://http//www.reuters.com/article/2011/04/06/us-gaymarriage-judge-idUSTRE7356TA20110406\">article\u003c/a> that appeared earlier this month.\u003c/p>\n\u003cp>Legal experts are highly skeptical that Judge Ware will set aside Walker's decision. As one pointed out, all judges have a sexual orientation and a marital status giving them a theoretical stake in the ruling on same sex marriage.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Where would it end? Should judges recuse themselves if they own a mutual fund with a stake in a company before him or her? Should the female justices of the Supreme Court recuse themselves in the Wal-Mart class action discrimination \u003ca href=\"http://www.abajournal.com/magazine/article/corporate_giant_wal-mart_faces_a_huge_class_action_by_female_workers/\">lawsuit\u003c/a> now before them? Or any issue related to abortion?\u003c/p>\n\u003cp>These issues and others will no doubt be thoroughly covered in the briefs that will be filed between now and June 13th.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>So what's going on here? Why are Prop. 8's attorneys going after Walker on his relationship -- and also on his use of the Prop. 8 tapes? What do they hope to gain? Perhaps the real audience is the U.S. Supreme Court -- laying seeds of doubt with them about Walker the person and Walker the Judge. The Supremes, after all, may ultimately decide this case.\u003c/p>\n\n",
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"description": "James Ware, Chief Judge of the Northern District of California, today issued an order expediting the hearing schedule for efforts have Judge Walker's Prop. 8 decision striking down Prop. 8 vacated. "Due to the nature of the Motion," Ware wrote, "the Court finds good cause to expedite and specifically set a hearing on the Motion."",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"http://en.wikipedia.org/wiki/James_Ware_(judge)\">James Ware\u003c/a>, Chief Judge of the Northern District of California, today issued an order expediting the hearing schedule for efforts have Judge Walker's \u003ca href=\"http://blogs.kqed.org/prop8/files/2011/04/Prop8Decision1.pdf\">Prop. 8 decision\u003c/a> striking down Prop. 8 vacated. \"Due to the nature of the Motion,\" Ware wrote, \"the Court finds good cause to expedite and specifically set a hearing on the Motion.\"\u003c/p>\n\u003cp>Prop. 8 proponents say Walker, as a gay man in a committed relationship, had a stake in the outcome of his own decision. They say in a motion to toss out that ruling, that Walker at the very least should have acknowledged the conflict, and perhaps should have recused himself.\u003c/p>\n\u003cp>In his order today Judge Ware, an appointee of President Bill Clinton, gave parties until May 13th to respond to the motion to vacate. A hearing date is scheduled for June 13th at 9 am in San Francisco.\u003c/p>\n\u003cp>The Prop. 8 lawsuit ended up in Walker's courtroom by a totally random process of assigning cases to judges. It's computer generated. There have been rumors about Walker's sexual orientation for many years, but he never acknowledged he was gay until after he retired from the bench. He spoke of his 10-year relationship with a physician in a Reuters \u003ca href=\"http://http//www.reuters.com/article/2011/04/06/us-gaymarriage-judge-idUSTRE7356TA20110406\">article\u003c/a> that appeared earlier this month.\u003c/p>\n\u003cp>Legal experts are highly skeptical that Judge Ware will set aside Walker's decision. As one pointed out, all judges have a sexual orientation and a marital status giving them a theoretical stake in the ruling on same sex marriage.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Where would it end? Should judges recuse themselves if they own a mutual fund with a stake in a company before him or her? Should the female justices of the Supreme Court recuse themselves in the Wal-Mart class action discrimination \u003ca href=\"http://www.abajournal.com/magazine/article/corporate_giant_wal-mart_faces_a_huge_class_action_by_female_workers/\">lawsuit\u003c/a> now before them? Or any issue related to abortion?\u003c/p>\n\u003cp>These issues and others will no doubt be thoroughly covered in the briefs that will be filed between now and June 13th.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>So what's going on here? Why are Prop. 8's attorneys going after Walker on his relationship -- and also on his use of the Prop. 8 tapes? What do they hope to gain? Perhaps the real audience is the U.S. Supreme Court -- laying seeds of doubt with them about Walker the person and Walker the Judge. The Supremes, after all, may ultimately decide this case.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Some are calling it a \"hail Mary\" legal move, but backers of Proposition 8 filed a \u003ca href=\"http://blogs.kqed.org/prop8/files/2011/04/Motion-to-Vacate-doc-768.pdf\">\u003cstrong>motion\u003c/strong>\u003c/a> in federal court Monday calling on the Chief Judge who replaced Vaughn Walker to throw out Walker's sweeping 2010 decision striking down the ballot measure as unconstitutional. The basis for that motion: an \u003ca href=\"http://www.reuters.com/article/2011/04/06/us-gaymarriage-judge-idUSTRE7356TA20110406\">\u003cstrong>interview\u003c/strong>\u003c/a> Walker gave to Reuters earlier this year confirming that he is gay and in a committed 10-year relationship with another man.\u003c/p>\n\u003cp>“The American people have a right to a fair judicial process, free from even the appearance of bias or prejudice,” said Andrew Pugno, general counsel for the official proponents of Prop 8. “Judge Walker's ten-year-long same-sex relationship creates the unavoidable impression that he was not the impartial judge the law requires. He was obligated to either recuse himself or provide full disclosure of this relationship at the outset of the case. These circumstances demand setting aside his decision.”\u003c/p>\n\u003cp>Pugno says Judge Walker essentially \"stood in the shoes\" of the two same-sex couples who were plaintiffs in the case and that he, like them, may have benefited directly by his own decision to legalize gay marriage in California.\u003c/p>\n\u003cp>Can it work? UC Hastings law professor David Levine is highly skeptical. Levine points out that in any case involving gay and lesbian rights, \"every judge has a sexual orientation and every judge has a marital status.\"\u003c/p>\n\u003cp>“Under governing California law Judge Walker currently cannot marry his partner. But his ruling in this case, if ultimately upheld, would give him a right to do so,” Pugno pointed out.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“We deeply regret the necessity of this motion. But if the courts are to require others to follow the law, the courts themselves must do so as well,” Pugno added.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Some are calling it a \"hail Mary\" legal move, but backers of Proposition 8 filed a \u003ca href=\"http://blogs.kqed.org/prop8/files/2011/04/Motion-to-Vacate-doc-768.pdf\">\u003cstrong>motion\u003c/strong>\u003c/a> in federal court Monday calling on the Chief Judge who replaced Vaughn Walker to throw out Walker's sweeping 2010 decision striking down the ballot measure as unconstitutional. The basis for that motion: an \u003ca href=\"http://www.reuters.com/article/2011/04/06/us-gaymarriage-judge-idUSTRE7356TA20110406\">\u003cstrong>interview\u003c/strong>\u003c/a> Walker gave to Reuters earlier this year confirming that he is gay and in a committed 10-year relationship with another man.\u003c/p>\n\u003cp>“The American people have a right to a fair judicial process, free from even the appearance of bias or prejudice,” said Andrew Pugno, general counsel for the official proponents of Prop 8. “Judge Walker's ten-year-long same-sex relationship creates the unavoidable impression that he was not the impartial judge the law requires. He was obligated to either recuse himself or provide full disclosure of this relationship at the outset of the case. These circumstances demand setting aside his decision.”\u003c/p>\n\u003cp>Pugno says Judge Walker essentially \"stood in the shoes\" of the two same-sex couples who were plaintiffs in the case and that he, like them, may have benefited directly by his own decision to legalize gay marriage in California.\u003c/p>\n\u003cp>Can it work? UC Hastings law professor David Levine is highly skeptical. Levine points out that in any case involving gay and lesbian rights, \"every judge has a sexual orientation and every judge has a marital status.\"\u003c/p>\n\u003cp>“Under governing California law Judge Walker currently cannot marry his partner. But his ruling in this case, if ultimately upheld, would give him a right to do so,” Pugno pointed out.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>From AP:\u003c/p>\n\u003cblockquote>\u003cp>The federal judge who struck down Proposition 8 that he is in a long-term relationship with another man has given them new grounds to appeal.\u003c/p>\n\u003cp>Lawyer Andy Pugno tells The Associated Press on Monday that backers of the voter-approved measure believe that Chief U.S. District Judge Vaughn Walker should have removed himself from the case because his impartiality could \"reasonably\" be questioned.\u003c/p>\n\u003cp>Walker declared Prop 8 to be an unconstitutional violation of gay Californian's civil rights last summer. He retired from the bench in February.\u003c/p>\n\u003cp>Rumours circulated during the 13-day trial that the judge was gay. Walker confirmed them this month. He said he did not consider his 10-year relationship a reason for recusal.\u003c/p>\u003c/blockquote>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cp>Although Judge Vaughn Walker informed the 9th Circuit Court of Appeals last week that he was planning to use the excerpt from the Prop. 8 trial again this week in a talk at Gonzaga University Law School, a spokeswoman now tells me the retired jurist has decided not to.\u003c/p>\n\u003cp>Instead, Walker will show tapes from the \u003ca href=\"http://en.wikipedia.org/wiki/Nuremberg_Trials\">Nuremberg trials\u003c/a> which she says \"he feels make a tremendously strong statement about transparency in the courtroom.\" That lecture about the history of cameras in the courtroom is scheduled to take place Thursday at Gonzaga in Spokane. Not sure if there's an intended message in replacing Prop. 8 supporters with Nazis.\u003c/p>\n\u003cp>Walker's \u003ca href=\"http://ww2.kqed.org/news/tag/vaughn-walker/\">use\u003c/a> of the 3-minute trial segment during a talk at the University of Arizona in Phoenix February 18th sparked calls by Prop. 8 supporters to have Judge Walker turn over all his trial recordings. His decision to forego use of that segment this week reduces pressure on the 9th Circuit to act by Thursday.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cp>A coalition of media, including the Los Angeles Times, CNN and KQED, is joining the legal fray over the Prop. 8 video tapes. In papers filed April 18th \u003ca href=\"http://www.dwt.com/People/ThomasRBurke\">attorneys for the coalition\u003c/a> indicate they want to join the motion of Prop. 8 opponents to unseal the videos so they can be seen by the public. The coalition obviously sees this as an important issue of restrictions on public access and the First Amendment.\u003c/p>\n\u003cp>The \u003ca href=\"http://www.afer.org/\">American Foundation for Equal Rights\u003c/a>, the force behind the Prop. 8 law suit, is also calling for \"transparency and a full release\" of the trial video.\u003c/p>\n\u003cp>This is all in response to a motion by \u003ca href=\"http://www.cooperkirk.com/lawyer.php?lawyer_id=3\">attorneys for Prop. 8 backers\u003c/a> asking the 9th Circuit to compel Vaughn Walker (and plaintiffs) to cease further use of the tapes and return them to the court.\u003c/p>\n\u003cp>C-Span continues to list Walker's February 18th talk about cameras in the courtroom in its \u003ca href=\"http://www.c-spanarchives.org/program/Vaugh&showFullAbstract=1\">archives\u003c/a>. (You can watch the clips from the trial that Walker used \u003ca href=\"http://ww2.kqed.org/news/2011/04/14/video-the-cross-examination-clip-prop-8-proponents-didnt-want-vaughn-walker-to-show/\">here\u003c/a>.)\u003c/p>\n\u003cp>In his response to the court, Judge Walker (who is now retired) said he planned to use a 3-minute excerpt of the trial tape again this week -- Thursday -- at a similar talk at Gonzaga Law School in Spokane, Washington. So a decision by the 9th Circuit could come any time.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"tagline": "The flip side of gentrification, told through one town",
"info": "Gentrification is changing cities across America, forcing people from neighborhoods they have long called home. Call them the displaced. Now those priced out of the Bay Area are looking for a better life in an unlikely place. American Suburb follows this migration to one California town along the Delta, 45 miles from San Francisco. But is this once sleepy suburb ready for them?",
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},
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"tagline": "Exploring the Bay Area, one question at a time",
"info": "KQED’s new podcast, Bay Curious, gets to the bottom of the mysteries — both profound and peculiar — that give the Bay Area its unique identity. And we’ll do it with your help! You ask the questions. You decide what Bay Curious investigates. And you join us on the journey to find the answers.",
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},
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"info": "KQED’s statewide radio news program providing daily coverage of issues, trends and public policy decisions.",
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"order": 8
},
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},
"link": "https://www.cityarts.net",
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"order": 1
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"info": "\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />",
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"id": "commonwealth-club",
"title": "Commonwealth Club of California Podcast",
"info": "The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.",
"airtime": "THU 10pm, FRI 1am",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Commonwealth-Club-Podcast-Tile-360x360-1.jpg",
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"source": "Commonwealth Club of California"
},
"link": "/radio/program/commonwealth-club",
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}
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"tagline": "The conversation starts here",
"info": "KQED’s live call-in program discussing local, state, national and international issues, as well as in-depth interviews.",
"airtime": "MON-FRI 9am-11am, 10pm-11pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Forum-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED Forum with Mina Kim and Alexis Madrigal",
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"source": "kqed",
"order": 9
},
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"id": "fresh-air",
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"hidden-brain": {
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"info": "Shankar Vedantam uses science and storytelling to reveal the unconscious patterns that drive human behavior, shape our choices and direct our relationships.",
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"airtime": "SUN 7pm-8pm",
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"source": "NPR"
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"info": "Guy Raz dives into the stories behind some of the world's best known companies. How I Built This weaves a narrative journey about innovators, entrepreneurs and idealists—and the movements they built.",
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"airtime": "SUN 7:30pm-8pm",
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"tagline": "Where conversation and cultura meet",
"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"jerrybrown": {
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"title": "The Political Mind of Jerry Brown",
"tagline": "Lessons from a lifetime in politics",
"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
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"order": 18
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},
"latino-usa": {
"id": "latino-usa",
"title": "Latino USA",
"airtime": "MON 1am-2am, SUN 6pm-7pm",
"info": "Latino USA, the radio journal of news and culture, is the only national, English-language radio program produced from a Latino perspective.",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/latinoUsa.jpg",
"officialWebsiteLink": "http://latinousa.org/",
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},
"link": "/radio/program/latino-usa",
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"rss": "https://feeds.npr.org/510016/podcast.xml"
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},
"marketplace": {
"id": "marketplace",
"title": "Marketplace",
"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Marketplace-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.marketplace.org/",
"meta": {
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"source": "American Public Media"
},
"link": "/radio/program/marketplace",
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"rss": "https://feeds.publicradio.org/public_feeds/marketplace-pm/rss/rss"
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},
"masters-of-scale": {
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"title": "Masters of Scale",
"info": "Masters of Scale is an original podcast in which LinkedIn co-founder and Greylock Partner Reid Hoffman sets out to describe and prove theories that explain how great entrepreneurs take their companies from zero to a gazillion in ingenious fashion.",
"airtime": "Every other Wednesday June 12 through October 16 at 8pm (repeats Thursdays at 2am)",
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"officialWebsiteLink": "https://mastersofscale.com/",
"meta": {
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"source": "WaitWhat"
},
"link": "/radio/program/masters-of-scale",
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"rss": "https://rss.art19.com/masters-of-scale"
}
},
"mindshift": {
"id": "mindshift",
"title": "MindShift",
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"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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