WATCH: The Prop 8 Hearing

Supporters & Activists will hold “No Standing for Prop 8” sit-in Today

As the Prop 8 hearing jumps off in the California Supreme Court, supporters will hold a sit-in to protest the anti-gay measure:

“You can’t keep litigating a lawsuit just because you don’t like something – you actually have to be harmed in some way. The simple fact of the matter is that the freedom to marry brings enormous benefit to same-sex couples while harming no one else’s marriage. Accordingly, those who oppose equality have no standing to continue the suit,” said John Lewis, Marriage Equality USA’s Legal Director. 

“Same-sex couples and their families will once again stand up for their love and dignity by attending the hearing and staging a ‘No Standing for Prop 8’ sit-in beforehand. Lesbian and gay people have been more than patient in their struggle simply to be treated fairly and equally. The time for full equality is now,” said Billy Bradford of Marriage Equality USA. 

The hearing starts at 10am.

California Supreme Court will take the Prop 8 Case

The California Supreme Court will listen to the supporters of Prop 8 and decide if they have a legal right to defend the ban. Here's more:

In their weekly closed-door conference, the Supreme Court granted a request from a federal appeals court to review the issue, which has clouded the legal battle over Proposition 8. The 9th U.S. Circuit Court of Appeals, in an order last month, asked California's high court to tackle whether proponents of the ballot measure have a legal right to appeal a federal judge's order last summer declaring the state's ban on same-sex marriage unconstitutional.

The issue has arisen because both former Gov. Arnold Schwarzenegger and then-Attorney General Jerry Brown refused to defend the law, agreeing with Chief U.S. District Judge Vaughn Walker's conclusion that Proposition 8 tramples on the rights of gay and lesbian couples. Brown, now governor, and new Attorney General Kamala Harris likewise refuse to appeal Walker's decision, leaving backers of the measure on their own to defend the law.
The state Supreme Court must now determine if California's ballot initiative process provides so-called "standing" for backers of such measures to press forward in the courts when the governor and attorney general will not defend a state law.

The outcome may be critical to how the legal battle over Proposition 8 unfolds. Court finds that Proposition 8 supporters do not have such a right, the 9th Circuit has indicated that it is likely unable to decide the central question in the case __ whether the same-sex marriage ban violates federal equal protection rights. As a result, Walker's ruling would stand, enabling gay marriages to resume in California, but the case would be confined to only resolving the issue in California.

However, if the Supreme Court rules that Proposition 8 backers can defend the law on their own, the case would return to the 9th Circuit, where the judges have also signalled they would then be in a position to resolve the legality of Proposition 8. That decision would then tee up the gay marriage issue for the U.S. Supreme Court, giving the case national implications.

Either way, it is likely to be months or longer before the state Supreme Court rules on the standing issue, delaying the outcome in the long legal battle over gay marriage in California. 

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More on the Prop 8 NEWS from MSNBC

California Supreme Court said "No Go" on Prop. 8

California Supreme Court won't order Cali-Cal to defend Prop H8!

The state Supreme Court denied a conservative legal group's request to force the state officials to defend the voter-approved ban.

The court did not explain why it rejected the emergency petition filed by the Pacific Justice Institute. The institute had argued that the attorney general and governor were required to uphold all laws, including initiatives passed by voters.

Is this a sign? It better be!


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Follow Prop 8 Closing Arguments Live

Go here

Action » Follow Closing Arguments | American Foundation for Equal Rights

Also here is the schedule for today

10:00 AM – 11:30 AM: Plaintiffs (argued by Ted Olson and David Boies)
11:30 AM – 11:45 AM: City and County of San Francisco
11:45 AM – 12:00 PM: Governor, Attorney General and county defendants
12:00 PM – 1:00 PM: Lunch
1:00 PM – 3:15 PM: Proponents (argued by Charles Cooper)
3:15 PM – 3:45 PM: Plaintiffs’ rebuttal

Prop 8 Closing Arguments: Opponents try to Revoke the rest of CA Gay Marriages

The end game is going down today in San Fran. Folks are gathering around the courthouse, ready to support either side.

However, our opponents have stooped to a new low. They have submitted a request to revoke the other 18,000 gay marriages recognized in the state.

Such an order would honor "the expressed will of the people," backers of the November 2008 ballot measure said Tuesday in their final written filing before Chief U.S. District Judge Vaughn Walker.

Andrew Pugno, an attorney for Prop. 8's backers, said in an interview that the sponsors aren't asking Walker to nullify the 18,000 marriages, but only to rule that government agencies, courts and businesses no longer have to recognize the couples as married.

Lawyers for two same-sex couples who sued to overturn Prop. 8, on the other hand, are asking Walker to lift the marriage ban permanently. The measure violates the constitutional guarantee of equality, they argued, and must be struck down "regardless of its level of public support."

Walker heard 12 days of testimony in his San Francisco courtroom in January in the nation's first federal court trial on the constitutionality of a law defining marriage as a male-female union. Among those who took the stand were the plaintiff couples - two women from Berkeley and two men from Burbank - and a parade of academic witnesses who testified about the history and meaning of marriage and the status of gays and lesbians in society.

The judge has scheduled closing arguments to last all day today. His ruling, which could be weeks away, will be the first round in a battle likely to reach the U.S. Supreme Court within two years.

I'll keep y'all posted throughout the day.

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Prop 8 Ruling Tomorrow?

This is news spreading around the nets. Apparently, the Prop 8 ruling is coming out tomorrow.

Unconfirmed reports around the Web are indicating that the California supreme court will announce its decision on Prop 8 on Thursday. One report says that barricades are being set up in the Castro neighborhood of San Francisco, with the local police department directed to make preparations. Another report says that similar measures are being taken in San Diego.

The high court has until June 3 to announce its decision on whether or not Prop 8 will be overturned. If the decision is going to be announced tomorrow, the court will notify the public today at 10 a.m. Pacific time.

I will drive up WeHo and the Mormon church to see if there's anything set up.

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Ides of March

On March 5th, the California Supreme Court will begin to hear arguments that challenges the validity of Prop 8.

This is exciting and nerve-racking at the same. If this mess holds up, the court will have to decide if the 18,000 gay marriages perform before Nov. 4th will remain valid.

After hearing arguments, the court's 7 justices will have 90 days in which to issue a ruling.

Let the battle begin!

They Won't Let Up

They are full of God's love. Our Prop H8 friends wants to end gay marriage now, nullifying all 18,000 gay marriages in the state.

The Yes on 8 campaign filed a brief arguing that because the new law holds that only marriages between a man and a woman are recognized or valid in California, the state can no longer recognize the existing same-sex unions. The document reveals for the first time that opponents of same-sex marriage will fight in court to undo those unions that already exist.

And they even have the help of the witch hunter himself, Ken Starr to argue their cause. But that was yesterday, before Jerry Brown urged the court to repeal the Prop H8. However, I'm a little shocked at their actions. It's almost...no, it is heartless. They don't want our folks to enjoy the limited time they have left. Have they no shame?

No, especially with this statement from the supporters:

"For this court to rule otherwise would be to tear asunder a lavish body of jurisprudence," the court papers state. "That body of decisional law commands judges _ as servants of the people _ to bow to the will of those whom they serve _ even if the substantive result of what people have wrought in constitution-amending is deemed unenlightened."

Got to love these people

Repeal Prop 8? Did I hear that right?

Here's some interesting news on Saturday morning, gang. The California Attorney General Jerry Brown is urging the state Supreme Court to repeal Prop H8.

Jerry also filed a legal brief saying the measure that amended the state constitution to make marriage for straights only is unconstitutional because it blocks out a minority group (us) of a fundamental right.

Interesting switchorooie for Brown, who earlier in this game said he would defend Prop 8 against any legal challenges. But after deeper probing in the laws and constitution, Brown was to say the least, enlightened.

He said: "It became evident that the Article 1 provision guaranteeing basic liberty, which includes the right to marry, took precedence over the initiative. Based on my duty to defend the law and the entire Constitution, I concluded the court should protect the right to marry even in the face of the 52 percent vote."

This is a major move. I'm sure that the supporters of Prop H8 are pissed, but that's a good thing.