[Marxism] Victory for Same Sex Marriage in Federal Court

Tom Cod tomcod3 at gmail.com
Thu Aug 5 12:50:40 MDT 2010


Indeed, now that the appeal has been taken by "intervenors", the standing
question will become a crucial threshold issue unless CA joins in.  I looked
around for legal authority on this and saw cases all over the map, but the
leading Supreme Court case on this Diamond v. Charles (1986) holds that even
if someone is in intervenor in the trial court below, on appeal they must
independently show some cognizable harm to themselves, not merely
ideological interest, in order to proceed.  So now we have an idea how these
arguments will play out:

http://openjurist.org/476/us/54
<http://openjurist.org/476/us/54>

On Wed, Aug 4, 2010 at 7:58 PM, Shane Mage <shmage at pipeline.com> wrote:
>
>
> A further thought: This may not even be appealable unless
> Schwarzenegger decides to do the appeal (Brown is on record that Prop
> 8 is unconstitutional).  The State of California was the defendant and
> the "proponents" were there by permission of the Court.  How would
> that give *them* the right to appeal an order to the State of
> California to stop enforcing Prop 8?
>
>
>



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