Word: legalizes
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...legal challenge endorsed by the governor is a suit filed by the ACLU and other groups who allege that the referendum that won on Nov. 4 with nearly 53% of the vote is invalid. "It would constitute a constitutional revision, not a constitutional amendment and, as such, the California Constitution provides that it may not be enacted by initiative," reads the request for an immediate stay to stop Proposition 8 from becoming law. In plainer language, what the suit says is that because the gay-marriage ban so fundamentally alters the state constitution by taking away a fundamental right from...
...request is directed at the same court that in May issued one of the most sweeping declarations of fundamental gay rights in U.S. legal history, making same-sex marriage legal by a 4-3 vote. The Republican-dominated court could decide by the end of this week whether to rule on the request for a stay or send it to a lower court first. But whatever the merits of the legal challenge, the court will face enormous pressure as it deliberates...
...teleconference last week among more than 100 gay legal scholars and others who support gay marriage, the mood was dour. "This has cast a pall" over what had otherwise been a historic election on Nov. 4, said D'Arcy Kemnitz, executive director of the National Lesbian Gay Law Association. Longtime gay rights advocate Dean Trantalis of Fort Lauderdale, Fla., and others on the conference call expressed concern that the gay rights movement had become too focused on marriage, and is now paying the price in other more critical areas. "Marriage was never our issue," Trantalis said. "It was thrust upon...
...with the Innocence Project, a nonprofit group that works to exonerate the wrongfully convicted, put together a petition for clemency to present to then governor Mark Warner. The petition has since moved to Kaine's desk. Of the four men, three are still behind bars, having exhausted all other legal means to appeal their case. A judge overturned the conviction of one of the sailors, Derek Tice, on Nov. 27, 2006. But that ruling was later reversed by a higher court. Eric Wilson served all eight and a half years of his sentence for rape and was released...
...attorneys better understand the legal dilemmas surrounding the U.S. military prison in Guantánamo Bay, Cuba, than Neal Katyal. In 2006, Katyal led a successful Supreme Court case challenging the legality of the Bush Administration's military tribunals in Guantánamo, a ruling that sounded one of the first death knells for Camp X-Ray. But two years later, difficult questions about how to close Guantánamo continue to vex legal minds ranging from Katyal to the advisers now gathering around President-elect Barack Obama. "This is a huge and difficult problem," says Katyal, who teaches national...