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Prop 8 trial: Plaintiffs respond to motion to consolidate, suggest oral arguments for December 8th

9th Circuit Court of Appeals Prop 8 trial

By Adam Bink

Earlier today, the proponents of Prop 8 suggested consolidation of main appeal regarding Judge Walker’s verdict with the appeal of Judge Ware’s denial to vacate Judge Walker’s decision based on his sexual orientation.

The plaintiffs in the case (Perry, Stier et al and their attorneys) responded to that request. Plaintiffs essentially said “that’s fine, as long it doesn’t delay the case any more than it has already been,” and suggested oral arguments for December 8th if the request were to be granted, which is the same date scheduled for the appeal regarding Judge Ware’s order to release the Prop 8 tapes.

Their reply:

[scribd id=73172164 key=key-1lvbaenedi5tm55su26n mode=list]


  • 1. peterplumber  |  November 18, 2011 at 8:18 pm

    WoW, that's great news. I think. I am wary of anything proposed by these proponats, and I would be inclined to abject just because of that.

  • 2. Steven  |  November 18, 2011 at 8:52 pm

    Earlier, Matt… mentioned they were planning to hear other arguments besides video tape of the trial I thought it was not true, but it was true. But 9th Circuit needs to approve it first

  • 3. Ronnie  |  November 19, 2011 at 8:01 am

    Subscribing & sharing…..

    – Out Gay Lawmaker Elected Minority Leader of Colorado House:

    – Ed Shadid, Architect Of Oklahoma City Anti-Discrimination Measure:

    & …. – "The official film of the Unhate worldwide communication campaign launched in Paris on November 16th and presented by Alessandro Benetton." ………. <3…Ronnie:

    [youtube qImJFg5dgTE youtube]

  • 4. Bill S.  |  November 21, 2011 at 12:06 am

    The article says the main appeal and the appeal for denying the motion to vacate are consolidated. Do they actually mean that the appeal for denying the motion to vacate and the decision to release the tapes are consolidated? We already had oral arguments on the main appeal.

    Also, would this mean that a decision on the merits will not come until after this sub-issues are resolved?

  • 5. Leo  |  November 21, 2011 at 5:44 am

    I believe consolidating two appeals is a distinct concept from consolidating the oral arguments, which is where the confusion stems from. None of them are consolidated yet. There's a pending motion to consolidate the main appeal and the motion to vacate. The plaintiffs suggested having oral arguments on motion to vacate and on releasing the tapes on the same day, but no one has asked to consolidate those two appeals.

  • 6. Prop 8 Trial Tracker &raq&hellip  |  November 21, 2011 at 7:45 am

    […] the previous day’s California Supreme Court decision. Later, the plaintiffs in the case responded to a motion to consolidate separate cases regarding the tapes and the general […]

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