Court rejects appeal of gay jury selection case
Headline Legal News
A federal appeals court on Tuesday refused to reconsider its ruling granting heightened legal protections to gays and lesbians, prompting three dissenting judges to warn of far-reaching implications in same-sex marriage cases in the Western United States.
The 9th U.S. Circuit Court of Appeals in January banned the exclusion of potential jurors because of their sexual orientation, saying such action was akin to striking someone from the jury pool because of their race or gender.
An undisclosed majority of the full 29-judge court voted against rehearing the case over the objections of three judges.
The dissenters, led by Judge Diarmuid O'Scannlain argued that the ruling "bears significant implications for the same-sex marriage debate and for other laws that may give rise to distinctions based on sexual orientation."
O'Scannlain argues giving gays and lesbians the same protections as minorities and women prematurely decides the same-sex marriage issue without the U.S. Supreme Court's input. O'Scannlain pointed out that officials in Nevada and Oregon have cited the 9th Circuit opinion to drop official opposition to same-sex marriage.
A week after the Jan. 21 ruling, for instance, Carson City District Attorney Neil Rombardo withdrew opposition to a lawsuit challenging Nevada's gay marriage ban, citing the 9th Circuit juror ruling that he called a "game changer."
O'Scannlain was joined by Judges Jay Bybee and Carlos Bea. All three judges were appointed by Republican presidents.
The ruling is binding in the nine Western states covered by the 9th Circuit, including the four states with pending same-sex marriage cases: Hawaii, Idaho, Oregon and Nevada.
Related listings
-
Court: No blanket exemption for police dashcams
Headline Legal News 06/13/2014The state Supreme Court has ruled that state dashboard cameras can't be withheld from public disclosure unless they relate to pending litigation. Five of the high court's members said Thursday that the Seattle Police Department wrongly used a state s...
-
High court won't hear California's prison appeal
Headline Legal News 06/10/2014The U.S. Supreme Court on Monday let stand a lower court ruling that California bears responsibility for nearly 2,000 disabled parolees housed in county jails. The decision could leave state taxpayers liable for problems at some of the jails, said Je...
-
Supreme Court Says Mich. Can't Block Indian Casino
Headline Legal News 05/30/2014A divided Supreme Court ruled Tuesday that Michigan can't block the opening of an off-reservation American Indian casino because the state's legal challenge is barred by tribal sovereign immunity. In a 5-4 decision, the high court said the state coul...
Victorville CA DUI Lawyers - Drunk Driving Defense Attorney
If you fail a sobriety test or have a blood alcohol level above 0.8%, you are considered to be driving under the influence in which you will be arrested. During this time you will be read your Miranda rights and it is crucial to exercise your right to remain silent. As they say, “anything you say can and will be held against you in court.” The courtroom takes no mercy on drunk drivers and any statement you make during your arrest will only damage your case. The charges you are facing for a DUI range from fines, a 12-month suspension on your license and worst-case scenario, prison time. Your attorney will be able to analyze your situation to decide the best way to go about your case. Our Victorville CA DUI Lawyers attorneys know the tricky ways to challenge all of the DUI tests and know how to claim improper collection of evidence. We will be able to negotiate on your behalf and free you from charges and help you keep your drivers license. The DUI process can last up to several months, we can make this process easier on you.