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Ninth Circuit orders briefing in Prop 8 tapes case

Prop 8

The Ninth Circuit Court of Appeals is asking the parties to the litigation over the Prop 8 trial tapes to brief the issue of whether there’s Article III standing to appeal the district court’s order in the case. The district court had ruled that the tapes should be released August 12, 2020. The Ninth Circuit put that decision on hold pending its review of the case, and it heard arguments in December. No action was taken in the case until yesterday, when this order was issued.

The Prop 8 proponents’ brief is due 21 days from the order, likely by August 2. The parties in favor of releasing the Prop 8 trial tapes is due 14 days after that, by August 16.

The question arises because parties are required to have Article III standing – an injury that’s concrete and fairly traceable to the defendants and can be redressed by a favorable decision – at all stages of a case, and one or more judges on the appeals court panel may be looking to confirm that they have the authority to hear the case.

Thanks to Equality Case Files for these filings

14 Comments Leave a Comment

  • 1. VIRick  |  July 14, 2021 at 10:10 am

    11th Circuit Court of Appeals Issues Revised Opinion in "Adams v. School Board of St. Johns County"

    Per Equality Case Files:

    "In an effort to get broader support among our colleagues (concerning the rehearing en banc), . . . this revised opinion (upholding the District Court ruling) does not reach the Title IX question and reaches only one ground under the Equal Protection Clause instead of the three Equal Protection rulings we made in the 7 August 2020 opinion."

    The revised opinion, issued on 14 July 2021, can be found here:
    http://files.eqcf.org/cases/18-13592-111839349/

    School Board's petition for rehearing en banc was filed on 28 August 2020.

    In the meantime, the revised majority opinion by Judge Martin blasts Chief Judge William Pryor's minority dissent, and he, in turn, once again myopically fires back in a new minority tirade.

    The original federal District Court ruling from Florida:

    Florida: Transgender Student Wins Federal "Bathroom" Case

    On 26 July 2018, in "Adams v. School Board of St Johns County," the federal case in which a transgender boy is being denied access to the boys' restroom at his Florida high school, Judge Corrigan has ruled in favor of the plaintiff, Drew Adams. "Drew Adams must be permitted to use any of the boys’ bathrooms at Nease High School that are available to any other male student, except within locker room and shower facilities, so long as Adams is a student enrolled at Nease High School."

  • 2. ianbirmingham  |  July 14, 2021 at 9:39 pm

    'They're not going to f**king succeed': Top generals feared Trump would attempt a coup after election, according to new book

    The book recounts how for the first time in modern US history the nation's top military officer, whose role is to advise the president, was preparing for a showdown with the commander in chief because he feared a coup attempt after Trump lost the November election.

    In the days leading up to January 6, Leonnig and Rucker write, Milley was worried about Trump's call to action. "Milley told his staff that he believed Trump was stoking unrest, possibly in hopes of an excuse to invoke the Insurrection Act and call out the military."

    Milley viewed Trump as "the classic authoritarian leader with nothing to lose," the authors write, and he saw parallels between Adolf Hitler's rhetoric as a victim and savior and Trump's false claims of election fraud.

    "This is a Reichstag moment," Milley told aides, according to the book. "The gospel of the Führer."

    Ahead of a November pro-Trump "Million MAGA March" to protest the election results, Milley told aides he feared it "could be the modern American equivalent of 'brownshirts in the streets,'" referring to the pro-Nazi militia that fueled Hitler's rise to power.

    https://www.cnn.com/2021/07/14/politics/donald-tr

    As usual, only stony silence from the "Log Cabin Republicans", "Gays for Trump", etc…

  • 3. VIRick  |  July 14, 2021 at 9:42 pm

    Minnesota: Governor to Ban "Conversion Therapy" by Executive Order

    The office of Minnesota Gov. Tim Walz (D) has announced that he will sign Executive Order 21-25 on Thursday, 15 July 2021, protecting the state's LGBTQ youth by banning the controversial practice of "conversion therapy."

    Walz intends to bypass the state's legislative body to enact the ban since the Republican-majority state Senate has pushed back against it multiple times by declining to ban the practice over multiple years.
    https://www.newsweek.com/minnesota-gov-tim-walz-b

  • 4. VIRick  |  July 15, 2021 at 12:17 pm

    Argentina: 11th Anniversary of the Marriage Equality Law

    Argentina: Celebración de los 11 Años de la Ley de Matrimonio Igualitario

    El 15 de julio 2010, esta norma, Ley 26.618, modificó el Código Civil y permitió que en (la Provincia de) San Luis se celebraran 68 casamientos entre personas del mismo género.
    https://www.eldiariodelarepublica.com/nota/2021-7

    On 15 July 2010, this law, Law 26.618, modified the Civil Code and permitted 68 marriages between same-sex couples to be celebrated in San Luis (Province).

    Argentina: 108 Marriages between Same-Sex Couples in San Juan Province

    Con un promedio de 18 matrimonios por año, en el territorio de la Provincia de San Juan, hubo específicamente 108 uniones desde que la legislación tuvo vigencia hasta la fecha, según informó la titular del Registro Civil, Natalia Giaconne.
    https://www.tiempodesanjuan.com/sanjuan/2021/7/15

    With an average of 18 marriages per year, in the territory of San Juan(Province, there were exactly 108 unions from since the legislation took effect to date, according to the head of the Civil Registry, Natalia Giaconne.

    Per "La Eva Peron:"

    A 11 años de Argentina ser el primer país de América Latina en aprobar la ley de matrimonio igualitario y construir una sociedad un poco más justa.
    https://twitter.com/la_evaperon/status/1415737503

    Eleven years ago, Argentina became the first country in Latin America in approving a marriage equality law and in building a more just society.

  • 5. VIRick  |  July 15, 2021 at 1:12 pm

    San Luis Potosí: First Baby Registered through Marriage of Two Women, 15 July 2021

    San Luis Potosí: Primer Bebé Registrado por Matrimonio entre Dos Mujeres, 15 de Julio 2021

    María Guadalupe Martínez Martínez y Diana Cristina Covarrubias Martínez contrajeron matrimonio el pasado 08 de junio de 2019 en la Oficilia No. 18 del Registro Civil del municipio de San Luis Potosí, precisamente a unos días de que la reforma del matrimonio igualitario fuera aprobada por el Congreso del Estado el 16 de mayo de 2019.

    Y no fue hasta el nacimiento de su hijo Emilio, que se vieron en problemas para registrarlo bajo la figura de comaternidad, es decir, el reconocer que ambas eran las madres del menor. Debido a las restricciones de los Artículos 210 del Código Familiar el Estado de San Luis Potosí y 68 de la Ley de Registro Civil de San Luis Potosí.

    Razón por la que el pasado 17 de febrero de 2021 iniciaron un juicio de amparo para reconocer a su pequeño Emilio, el cual se resolvió a su favor el 13 de julio de 2021.
    https://elcandidato.mx/2021/07/15/emilio-el-prime

    María Guadalupe Martínez Martínez and Diana Cristina Covarrubias Martínez married on 8 June 2019 in Office No. 18 of the Civil Registry of the municipality of San Luis Potosí, only a few days after the marriage equality reform was approved by the State Congress on 15 May 2019.

    And it was not until the birth of their son, Emilio, that they had problems in registering him under the figure of co-maternity, that is, in recognizing that both were the mothers of the child, due to the restrictions of Aticles 210 of the State Family Code of San Luis Potosí and 68 of the Civil Registry Law of San Luis Potosí.

    As a result, on 17 February 2021, they initiated an amparo process in order to recognize little Emilio, one which was resolved in his favor on 13 July 2021.

  • 6. VIRick  |  July 15, 2021 at 8:20 pm

    Baja California: Mexicali City Council Votes in Favor of Marriage Equality

    Per Berenice Díaz Gutiérrez:

    Esta noche, el 15 de julio 2021, se votó en secreto y el Cabildo de Mexicali aprobó el matrimonio igualitario, con 10 votos a favor, 6 en contra, y 0 abstenciones. Es el segundo cabildo en votar a favor, junto con el Cabildo de Tecate.

    En resumen, lo que ocurrió hoy en el Cabildo de Mexicali fue que en público aparentemente se estaba en contra del matrimonio igualitario, pero tenían planeado votar en secreto a favor, al menos para alcanzar mayoría absoluta para su aprobación.
    https://twitter.com/BereniceDiazG
    https://twitter.com/RadarbcNoticias/status/141587

    Tonight, 15 July 2021, they voted in secret and the Mexicali City Council approved marriage equality, with 10 votes in favor, 6 against, and 0 abstentions. It is the second city council to vote in favor, together with the City Council of Tecate.

    In summary, what happened today in the Cabildo de Mexicali was that in public they apparently were against marriage equality, but they had secretly planned to vote in favor, so as to reach an absolute majority for its approval.

  • 7. VIRick  |  July 15, 2021 at 8:58 pm

    Durango: First Same-Sex Marriage between Two Women in Victoria de Durango

    Per Tadeo Campagne:

    Hoy, el 15 de julio 2021, el Registro Civil de Durango nos notificó la proxima ejecución del primer matrimonio igualitario entre dos mujeres (en Victoria de Durango), esto deribado del amparo promovido e impulsado por los abogados, José Antonio Solís Campos y Horacio Aranda.
    https://twitter.com/tadeocampagne
    https://twitter.com/haag191285

    Today, 15 July 2021, the Durango Civil Registry notified us of the upcoming celebration of the first equal marriage between two women (in Victoria de Durango), this derived from the amparo promoted and secured by the lawyers, José Antonio Solís Campos and Horacio Aranda.

    Rescinding its earlier refusal, the announcement of compliance from the Dirección General del Registro Civil de Durango with the federal amparo judgment above, is here:
    https://twitter.com/senadisexprd/status/141605342

    Since it was just one week ago that the Durango State Congress refused to vote on the pending marriage equality legislation, one can correctly read this quick issuance of a federal amparo judgment as a direct slap-back from the courts toward the congress, as the courts have grown increasingly weary of the intransigence of the last hold-out state congresses.

  • 8. VIRick  |  July 16, 2021 at 3:19 pm

    Durango: Marriage Equality Amparo Count Up-Date

    Per Mary Nava Mendoza:

    Creo que en (el estado de) Durango han ganado dos amparos ya.
    https://twitter.com/MaryNavaMendoza/status/141613

    I believe that in (the state of) Durango they have now gained two amparos.

    Per Horacio Aranda:

    Hemos logrado, por fin, la primera ejecutoria de amparo de matrimonio igualitario para la primera pareja conformada por mujeres, siendo, por ahora, la primera (en el estado de Durango) que celebrará su matrimonio por dictado de ley.
    https://twitter.com/harandaguereca

    We have achieved, at last, the first execution of an amparo for the equal marriage of the first couple comprised of women, being, for now, the first (in Durango state) who will celebrate their marriage according to law.

    Both are correct. Mary, with a long view of history, is absolutely correct in that this is only the second marriage equality amparo to be won in the entire state of Durango during the entire 8-year struggle. Previous to this, the only other amparo to be gained was obtained back in 2013, allowing a male couple to marry in December of that year.
    https://en.wikipedia.org/wiki/Same-sex_marriage_i

    At the same time, Horacio is also correct in that the amparo he just obtained is for the very first female same-sex couple yet to be married in the entire state of Durango, while also being the very first to be obtained there since the Supreme Court of Mexico issued its jurisprudence in 2015.

  • 9. VIRick  |  July 16, 2021 at 12:59 pm

    Baja California: Tijuana City Council Votes in Favor of Marriage Equality

    Per Alejandra Guerra:

    El 16 de julio 2021, el Cabildo de Tijuana aprobó el dictamen que permite el matrimonio igualitario con 9 votos a favor; cinco en contra, y una abstención.
    https://twitter.com/alisguerra8

    On 16 July 2021, the Tijuana City Council approved the draft legislation that permits marriage equality with 9 votes in favor, 5 against, and one abstention.

    With this vote, marriage equality becomes legally-binding state law throughout the state of Baja California from tomorrow, 17 July 2021, a right that is now also guaranteed in the state constitution of Baja California. To date, only CDMX and Morelos have similar state constitutional guarantees pertaining to marriage equality.
    https://twitter.com/ArmandoNieblas

    En Baja California, desde 2017, ya se logró la realización de 358 matrimonios igualitarios.
    https://cadenanoticias.com/regional/2021/06/derec

    Since 2017, in Baja California, 358 equal marriages have already been realized.

  • 10. ianbirmingham  |  July 16, 2021 at 6:51 pm

    Teacher sues, claiming that as a Christian he can't be required to call trans students by their proper names

    Judge Jane Magnus-Stinson in Indianapolis said that even though she has no doubt that former music teacher John Kluge is a devout Christian and has a sincere “religious opposition to transgenderism,” his religious beliefs cannot interfere with the school district’s “mission to provide adequate public education that is equally open to all.”

    In 2017, the school formed a policy for how to better welcome transgender students, and Kluge objected to it, submitting a letter to the principal saying that he cannot, as a Christian, refer to trans students by their first name and is required by his religion to deadname them.

    He tried to argue that his First Amendment free speech and free exercise of religion rights were violated because the Brownsburg Community School Corporation (BCSC) is a government entity telling him what to say and how to practice his religion.

    Judge Magnus-Stinson rejected those claims out of hand last year. Kluge was a government employee being told how to do his job by his employer, not a private citizen being told by the government what he had to say.

    She allowed his religious discrimination claim under Title VII to be heard, and this week she ruled against him and dismissed his lawsuit.

    https://www.lgbtqnation.com/2021/07/christian-tea

  • 11. VIRick  |  July 16, 2021 at 7:41 pm

    Baja California: Playas de Rosarito City Council Assents to Marriage Equality by Default

    Per Berenice Díaz Gutiérrez:

    La Presidenta Municipal de Playas de Rosarito, Aracely Brown, bien rápido convocó a sesión de Cabildo cuando el Gobernador Jaime Bonilla le solicitó el préstamo de $34 MDP, PERO en 30 días, no es capaz de convocar a sesión para votar el matrimonio igualitario.
    https://twitter.com/BereniceDiazG

    The Municipal President of Playas de Rosarito, Aracely Brown, very quickly called a Cabildo session when Governor Jaime Bonilla solicited it for the loan of $34 MDP, BUT in 30 days, she was not able/willing to call a session to vote on marriage equality.

    Equally, the Ensenada City Council also assents to marriage equality by default.

    MDP = Milliones de Pesos

  • 12. VIRick  |  July 16, 2021 at 9:19 pm

    Montana Sued over Trans ID Law Requiring Proof of Surgery

    On Friday, 16 July 2021, two transgender Montanans filed a lawsuit in state court against the state of Montana over a new law that requires trans people who want to change the gender marker on their identifying documents to prove that they've had genital surgery. The law, signed by Republican Gov. Greg Gianforte in April, states that the sex designation on a birth certificate can only be changed if the Montana Department of Public Health and Human Services "received a certified copy of an order from a court indicating that the sex of an individual born in Montana had been changed by surgical procedure."

    Montanans Amelia Marquez, a transgender woman, and John Doe, a transgender man, argue in their lawsuit that the measure violates their constitutional rights to privacy, equal protection of the law, and due process, according to an ACLU statement, which is representing the plaintiffs along with the ACLU of Montana and Nixon Peabody LLP.

    Montana's law requires an individual to reveal their private medical information in a public court proceeding, and, as a result, "deprives that person of their rights to equality and privacy in violation of the Montana Constitution," the lawsuit states. Prior to the governor signing the new measure, the Montana Department of Public Health and Human Services used regulations it had put in place in December 2017 that did not require surgery or court proceedings, according to the ACLU.
    https://www.msn.com/en-us/news/us/aclu-sues-monta

  • 13. VIRick  |  July 17, 2021 at 11:22 am

    Chile: Full Senate to Vote on Marriage Equality Legislation on 21 July 2021

    Per el Partido Liberal de Chile:

    Este miércoles, 21 de julio 2021, el Senado votaría el proyecto de matrimonio igualitario, dando la oportunidad para que Chile comience a tener un "nuevo trato" con los distintos tipos de familia, consagrando también los derechos filiativos y la adopción homoparental.
    https://twitter.com/Liberales_Chile

    This Wednesday, 21 July 2021, the Senate will vote on the marriage equality legislation, giving Chile the opportunity to commence in having a "new deal" with different types of family, consecrating also filiative rights and homoparental adoption.

    Per la Cuenta Oficial del Senado de la República de Chile:

    Este martes, 20 July 2021, se realizará una sesión extraordinaria de la Sala del Senado para discutir y votar el proyecto de matrimonio igualitario.
    https://twitter.com/Senado_Chile

    This Tuesday, 20 July 2021, there will be an extraordinary session of the Full Senate to discuss and vote on the marriage equality legislation.

    In all likelihood, the Full Senate will discuss the measure on Tuesday and then vote upon it this Wednesday, after which the entire legislative package moves on to the Chamber of Deputies for approval there.

  • 14. ianbirmingham  |  July 17, 2021 at 3:09 pm

    California budget includes $3 million to train teachers on LGBTQ issues. The state is the first in the country to allocate specific funding for this kind of training, according to advocates.

    https://www.nbcnews.com/nbc-out/out-news/californ

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