Author Archive | Dale Carpenter

I learned of Greg’s death, noted by John below, early this evening. John is right on all accounts about Greg as a superb lawyer and person. Greg was a co-clerk of mine with Judge Edith Jones, 1992-93. We kept in touch occasionally over the years, as I watched his rise in legal circles in Texas […]

As expected, the Court has upheld the Ninth Circuit’s stay of a district court’s injunction against DADT. There was apparently no dissent on the Court, although Justice Kagan took no part in the decision, presumably because she headed the DOJ during much of the litigation defending the constitutionality of the ban on gay military personnel. […]

The stay is effective while the appeal is pending, meaning that DADT is in effect until at least early 2011 (or until it is repealed by Congress). The opinion is here. Judges O’Scannlain and Trott were in the majority; Judge Fletcher partially dissented, preferring to maintain the injunction during the appeal only as to actual […]

At the request of President Obama’s Justice Department, the Ninth Circuit has stayed, at least for now, an order from California District Judge Virginia Phillips halting enforcement of DADT. The Ninth Circuit panel consisted of Judges O’Scannlain, Trott and Fletcher. The order states: This court has received appellant’s emergency motion to stay the district court’s October 12, […]

The California federal judge who decided on September 9 that Don’t Ask, Don’t Tell is unconstitutional has now issued an injuction ordering the military to immediately stop enforcing it.  The order: (2) PERMANENTLY ENJOINS Defendants United States of America and the Secretary of Defense, their agents, servants, officers, employees, and attorneys, and all persons acting in participation […]

Carl Paladino, the GOP nominee for governor of New York, said in prepared remarks that “perverts” were targeting children and trying to destroy their lives. For this reason, he suggested, as he flashed a snide smile to a group of Orthodox Jews, he did not march in the annual gay pride parade. Here is the […]

The Ninth Circuit has stayed Judge Vaughn Walker’s decision requiring California to begin issuing marriage licenses to same-sex couples starting Wednesday.  The Ninth Circuit also sped up the appellate briefing process and specifically directed the appellants to address the very interesting Article III standing issue raised by the Supreme Court’s decision in Arizonans For Official English […]

The annual conference will begin Monday and continue through Thursday morning.  It will be held at the Hyatt Regency Maui Resort and Spa on Maui, Hawai’i. Among this year’s highlights: (1) Chief Judge Vaughn Walker will preside over the judicial breakfast on Tuesday morning. (2) On the evening of Wednesday, Aug. 18, attendees will be […]

but has decided to keep it in place until Aug. 18 at 5 p.m., “at which time defendants and all persons under their control or supervision shall cease to apply or enforce Proposition 8.”  The delay will allow the Ninth Circuit to hear the stay issue before any marriage licenses are issued. Among other things, Walker […]

First comes love. Then comes marriage. Then comes the Gulag: If this ruling [in Perry v. Schwarzenegger] is upheld, millions of Americans will face for the first time a legal system that is committed to the view that our deeply held moral views on sex and marriage are unacceptable in the public square, the fruit […]

I’m still studying the decision today in Perry v. Schwarzenegger, which strikes down Prop 8 on both due process and equal protection grounds. I like a lot of the language, and the arguments, as a matter of rhetoric, common sense, and policy. There are some interesting twists on familiar arguments and, overall, the opinion is a […]

San Francisco District Judge Vaughn Walker today struck down California’s Proposition 8, the initiative passed by the state’s voters in 2008 defining marriage as the union of one man and one woman.   I’m reading the decision now. It won’t be the last word on Prop 8, of course. Supporters of the ban on gay marriage will now […]

A decision in the federal Prop 8 case is expected tomorrow.

Massachusetts District Court Judge Joseph Tauro issued two decisions in companion cases Thursday striking down Section 3 of DOMA, which defines marriage as the union of one man and one woman for purposes of federal law.  It’s the first time any federal court has declared any part of DOMA unconstitutional. One decision, Gill v. Office of Personnel […]