9th circuit tells neocon homophobes to take a hike.

From Jurist:

A three-judge panel of the US Court of Appeals for the Ninth Circuit on Thursday affirmed a lower court’s denial of a conservative advocacy group’s motion to intervene in a challenge to Proposition 8, California’s constitutional amendment banning same-sex marriage. The appeals court held that the district court did not abuse abuse its discretion by denying the motions to intervene. The Campaign for California Families had sought to intervene, alleging that the defending parties to the suit, Official Proponents of Proposition 8 and ProtectMarriage.com, would not adequately represent the interests of the Campaign. Judge Margaret McKeown rejected that argument:

    The reality is that the Campaign and those advocating the constitutionality of Prop. 8 have identical interests—that is, to uphold Prop. 8. Any differences are rooted in style and degree, not the ultimate bottom line. Divergence of tactics and litigation strategy is not tantamount to divergence over the ultimate objective of the suit.

The Campaign alleges that the current defendants in the suit challenging Proposition 8 have compromised upholding the measure by conceding to facts that declare homosexuality is an immutable characteristics. The current defending parties deny those claims.

In August, a judge in the US District Court for the Northern District of California ruled that several advocacy organizations representing both sides of the issue could not intervene in the lawsuit [PDF] challenging Proposition 8. The lawsuit was filed in May by former US solicitor general Ted Olson and prominent litigator David Boies, who were opposing counsel in Bush v. Gore, which decided the outcome of the contested 2000 US Presidential election. The challenge was announced shortly after the California Supreme Court ruled that state law challenges to the ban lacked merit. Proposition 8, approved by voters in November, was a response to the California Supreme Court’s decision last year striking down a statutory ban on same-sex marriage as violating the equal protection and privacy provisions of the state constitution.

It’s too soon to celebrate, but even a small victory like this feels good.

Federal Judge rules Prop 8 case can proceed

From Jurist:

A federal judge on Wednesday refused to dismiss a case challenging California’s ban on same-sex marriage. Chief Judge Vaughn Walker of the US District Court for the Northern District of California said that a trial is needed to determine issues regarding the level of constitutional protection afforded to same-sex couples and the state’s motivations behind the ban. Walker rejected the argument that only a rational basis was needed for the amendment, pointing out that the US Supreme Court does not have a clear level of scrutiny for discrimination on the basis of sexual orientation. Walker also dismissed arguments of tradition and procreation. The trial is set for January.

The lawsuit (PDF) filed in May, challenges Proposition 8, which amended the California Constitution to prohibit same-sex marriage, on due process and equal protection grounds. The suit was filed by former US solicitor general Ted Olson and prominent litigator David Boies, of Bush v. Gore fame, shortly after the California Supreme Court ruled that challenges under state law lacked merit. In August, Walker ruled that several advocacy groups, including the American Civil Liberties Union (ACLU), Lambda Legal, the National Council of La Raza (NCLR), and Campaign for California Families, could not intervene in the suit. Proposition 8, approved by voters in November, was a response to the California Supreme Court’s decision last year striking downa statutory ban on same-sex marriage as violating the equal protection and privacy provisions of the state constitution.

YAY! Another shot at the homophobes! Lets hear it for equality!