Not So Appeal-ing News
Naturally the initial reaction from most people on the US Court of Appeals decision to put a hold on gay marriages was one of disappointment. Sure, we all knew that this was a possibility but many were still optimistic that this coming Wednesday same-sex marriages would resume. Jack Manly was saddened too although we learned that the couple that brought this case to trial in the first place was surprisingly optimistic. We learned why later based on something we read later in the day.
There was a brief analysis yesterday from Brian Devine on Andrew Sullivan's blog and he helped to put this in proper perspective----as well as offer hope. He pointed out that the US Court of Appeals WANTS this case to be resolved quickly. Briefs have to be filed within a month and the hearing happens on December 6th. Apparently this is very fast for a Federal Court of Appeals--good sign#1. You seem, the Court seems to view this case as important enough not to wat it to linger. Also, the Court has specifically ordered the Prop 8 proponents to show why the case should not be dismissed for lack of standing. Here's where Devine really thinks this is good news:
"It shows that the Court has serious doubts about whether the Appellants have standing. Even better, the Court is expressing an opinion that its inclination is that the case should be dismissed. That being said, the panel that issued this Order (the motions panel) is not the same panel that will hear that case on the merits. The merits panel will be selected shortly before December 6th and we don’t know the three judges who will be on the merits panel. But this is a very good sign that the appeal could be dismissed on the ground of standing alone. "
So, again we wait and wonder what's next.
There was a brief analysis yesterday from Brian Devine on Andrew Sullivan's blog and he helped to put this in proper perspective----as well as offer hope. He pointed out that the US Court of Appeals WANTS this case to be resolved quickly. Briefs have to be filed within a month and the hearing happens on December 6th. Apparently this is very fast for a Federal Court of Appeals--good sign#1. You seem, the Court seems to view this case as important enough not to wat it to linger. Also, the Court has specifically ordered the Prop 8 proponents to show why the case should not be dismissed for lack of standing. Here's where Devine really thinks this is good news:
"It shows that the Court has serious doubts about whether the Appellants have standing. Even better, the Court is expressing an opinion that its inclination is that the case should be dismissed. That being said, the panel that issued this Order (the motions panel) is not the same panel that will hear that case on the merits. The merits panel will be selected shortly before December 6th and we don’t know the three judges who will be on the merits panel. But this is a very good sign that the appeal could be dismissed on the ground of standing alone. "
So, again we wait and wonder what's next.
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