Published 7 hours ago by Glasgow Sunday Mail
JUST months ago, multiple sclerosis sufferer Jacqueline Bambrick dared not go out without a walking stick for fear she would fall and hurt herself.
But within a few weeks of trying a unique new physiotherapy treatment she has all but thrown her stick away..
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SAN FRANCISCO (Reuters) - A federal court declined an appeal to revisit California's gay marriage ban on Tuesday, clearing the way for the Supreme Court to consider whether the ban violates the U.S. Constitution.
Supporters of the ban, Proposition 8, have lost two rounds in federal court. Tuesday's decision now passes the issue into the hands of the top U.S. court, which, while conservative-leaning, has been sympathetic towards gay rights.
The Supreme Court could agree to hear the matter in a session beginning in October, ahead of the November 6 U.S. presidential election, and putting it on track to decide the case within a year.
President Barack Obama last month turned gay marriage into a 2012 campaign issue, saying he believed same-sex couples should be able to marry. His Republican opponent Mitt Romney disagrees.
The Supreme Court could turn its next session into a gay-rights blockbuster, with two major cases coming at the same time. In addition to the California decision on Proposition 8 by the 9th U.S. Circuit, a Boston federal appeals court recently struck down part of the federal law rejecting same-sex marriage, the Defense of Marriage Act.
"The timing is too perfect," said Thomas Goldstein, a Washington-based attorney who practices before the Supreme Court, adding that the argument would resemble this year's proceedings on legal challenges to Obama's health care plan.
The vast majority of U.S. states limit marriage to opposite-sex couples, and popular votes have consistently approved bans on widening those rights.
But polls show growing acceptance of same-sex nuptials, which have been legalized in eight states and the District of Columbia, thanks to votes by legislators and court decisions.
In the California case, proponents of Proposition 8 - which passed in 2008 with 52-percent support - argued that voters had the right to limit marriage to opposite-sex couples. Such relationships were the best for producing and rearing children, they said.
Opponents responded that allowing same-sex couples to marry would not infringe on the rights of opposite-sex couples. Two lower courts agreed.
"Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California," the 9th Circuit Court said in February.
Only three out of 26 active 9th Circuit judges opted to publicly disagree with the decision to pass up revisiting the case on Tuesday. Those three Republican-appointed judges said the court's ruling against the ban used a "gross misapplication" of a Supreme Court decision, and had overruled seven million California voters.
TO THE SUPREME COURT, OR NOT?
The Supreme Court could refuse to hear on the case, thereby lifting the California ban, but leave unresolved the broader issue of a constitutional right to same-sex marriage.
If the Supreme Court does take it up, insiders will be watching Justice Anthony Kennedy, a conservative who is seen as the swing vote of the nine court members. He has written two important decisions which came down firmly on the side of same-sex couples, but shied away from the question of gay marriage.
In 2003 in Lawrence v. Texas, he wrote that the decision to strike down a ban on sexual acts between same-sex couples did not involve whether the government must recognize other homosexual relationships.
"Do not believe it," dissenting Justice Anthony Scalia responded at the time, arguing that Kennedy's decision laid out the legal logic for recognizing gay marriage.
Helen Knowles, a professor at Whitman College who has written a book about Kennedy's opinions, said she thought Kennedy would be "squarely" in favor of expanding the rights of gay Americans - even if this meant a broader marriage opinion than the lower appeals courts have written.
Appeals courts have so far declined to rule broadly on whether marriage is a fundamental human right for same-sex couples as well as heterosexuals.
Last week, the 1st Circuit Court of Appeals in Boston ruled that the federal Defense of Marriage Act unconstitutionally denied benefits to same-sex couples in a state where gay marriage was legal, and the February ruling by the 9th Circuit limited itself to declaring Proposition 8 unconstitutional.
"I think the California case would have a greater landmark impact," Knowles said.
On Tuesday, the 9th Circuit kept the decision ending the ban on hold for 90 days, to allow for an appeal to the Supreme Court.
California is the most populous U.S. state and the home of Hollywood and hippies, but it has a socially conservative side too. That leaning was clear in the 2008 ballot that enacted Proposition 8.
"We're not end of the line yet, but we are vastly closer," said Theodore Olson, an attorney for the two gay couples challenging the ban. His partner in the case, David Boies, predicted that the Supreme Court would take on the California case, the Boston case, or both.
An attorney for the supporters of the ban said his team was preparing for the next round. "We will promptly file our appeal to the nation's highest court and look forward to a positive outcome on behalf of the millions of Californians who believe in traditional marriage," Andrew Pugno said in a statement.
(Editing by Sandra Maler and David Brunnstrom)
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I'm a full supporter of e-books, e-book devices, and agree (mostly) with this excellent WSJ assessment by Rob Reid of the the e-book business. In short, Reid points out that 10 years ago this month the music industry began prosecuting its users and implementing draconian DRM to stave off an impending piracy revolution. That was the year Napster closed shop and pirates, however briefly, lived in a hostile environment. Since then, the music industry has lost $7 billion in music sales. Their war is lost and that sum, however paltry it looks, is pretty much the new normal.kansas state last house on the left last house on the left rich forever mixtape blow the unit bob weston
We had about?40 people last year, and will invite the same group this year.?? We already know of 3 families who can't make it though (vacations, etc.), so it will be smaller for that reason.
We have a "mixed bag" of people invited.? LO doesn't really have her own friends yet, so it's?family and our friends (some of whom have kids, some don't).
She goes to an in home?DCP, but we opted not to invite the kids there last year and won't this year either.???We like them very much, and I would consider the kids DD's friends, but we just felt it would be odd, since we don't know them well?and have?never socialized with them outside of daycare.
As for activities, we are doing a craft for the kids who are old enough to participate (bee craft from Oriental Trading).?? DD won't really be old enough for it, so I don't expect smaller babies to care?either.? I just wanted? something for the older kids so they don't get bored.?? Last year, the?smaller babies (including DD) had fun just playing with her toys.? I am thinking the same will be true this year.?
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One (1) FTE Teaching Position
Areas of specialization: Junior High Special Education. Coaching experience would be an asset.
Applications, letters of reference, including a letter from your pastor, can be submitted by mail, fax, email or the online service where the advertisement is posted.
This position will remain open until a suitable candidate has been chosen.
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The Real Housewives of New York City returns tonight with a new season and, if you don't plan on watching the scripted antics of some of the world's most spoiled women, allow us to quote the following new Bravo trailer:
ARE YOU CRAZY?!?
Still featuring Countess LuAnn de Lesseps, Sonja Morgan and Ramona Singer, season five will introduce fans to cast members that include Aviva Drescher, Carole Radziwill and Heather Thomson.
Look for Drescher, as teased in the first Real Housewives of New York City trailer, to fit right in, labeling Ramona and Sonja "white trash" and setting a tone early on for what's ahead.
Watch new footage from the ridiculous, nauseating series below.
The Real Housewives of New York Season 5 Promo
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