Prop 8 has been Dismissed

Yes!!!

Prop 8 has been dismissed like a 3rd runner-up in a Miss USA pageant!

SCOTUS rules "no standing" on Prop 8 case, returning marriage equality to California!

Read the ruling

12-144_8ok0 by Viktor T. Kerney

Follow the Hater Brick Road

Here is NOM's hate rally march route.

If you're in DC, follow them and document their hateful march. Let's everyone know what bigots look like.

The Anti-Gay New Family Structures Study is a Sham!

Witherspoon Institute are liars and they have been busted! Their research that was supposed to prove that Gays are bad for families is a sham!

The documents, recently obtained through public-records requests by The American Independent and published in collaboration with The Huffington Post, show that the Witherspoon Institute recruited a professor from a major university to carry out a study that was designed to manipulate public policy. In communicating with donors about the research project, Witherspoon’s president clearly expected results unfavorable to the gay-marriage movement.

The think tank’s efforts paid off. The New Family Structures Study came out just in time for opponents of gay marriage to cite it in multiple federal cases involving marriage equality – including two cases soon to be decided by the U.S. Supreme Court.

James Wright, editor of Social Science Research, which published the study’s findings last summer, said he was not aware of the funders’ intentions to use his academic journal to sway the Supreme Court.

“So far as the Supreme Court is concerned, I consider marriage and adoption rights for GLBT people to be a matter of civil rights, i.e., a legal question, not something to be ‘resolved’ by empirical research, and I resent having social science data and research drawn into such debates,” Wright, a University of Central Florida sociology professor, said in an email.

It's truly sad what they will do to win.

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Howard University files a Brief against Prop 8

Historic!

One of the oldest Black Universities has filed a brief to strike down Prop 8

Here's their intro statement:

As one of the oldest among historically black colleges and universities, Howard University School of Law has long placed the defense of human rights,equality and dignity at the heart of its educational practice.

This Court faces the question of whether marriage should be equally available to same-sex couples as to opposite-sex couples. In seeking to answer the question, the Court will inevitably confront—directly or indirectly—the argument that the struggle for equal rights for same-sex couples does not constitutionally or morally equate with the fight against racial subordination. Amicus curiae respectfully submits this brief as a corrective to the flawed distinction too often drawn between equal rights for racial minorities and equal rights for all human beings.

Click the link above to read the brief.

Interesting Quote: Ellen

I’ve never filed a brief to the Supreme Court, so I thought I would post mine here. I’m sure someone will tweet it to them.

Portia and I have been married for 4 years and they have been the happiest of my life. And in those 4 years, I don’t think we hurt anyone else’s marriage. I asked all of my neighbors and they say they’re fine.

But even though Portia and I got married in the short period of time when it was legal in California, there are 1,138 federal rights for married couples that we don’t have, including some that protect married people from losing their homes, or their savings or custody of their children.

The truth is, Portia and I aren’t as different from you as you might think. We’re just trying to find happiness in the bodies and minds we were given, like everyone else.

Coming out was one of the hardest things I ever did. I didn’t intend to be on the cover of Time magazine saying, “Yep, I’m gay.” The truth is, I don’t even remember saying that. I mean, I definitely said the “I’m gay” part. It’s the “yep” I don’t remember. I’m not really a “yep” person. “Yes siree Bob” maybe. But not “yep."

In the words of Benjamin Franklin, “We’re here, we’re queer, get over it.” And there’s another famous quote that says “A society is judged by how it treats its weakest members.” I couldn’t agree with that more. No one’s really sure who said it first, so if anyone asks, tell them I said it.

This is from her brief she filed to the Supreme Court to strike down Prop 8

Is President Obama filing a brief in the Prop 8 Case?

In this clip, President Obama is considering filing an amicus brief in the federal Prop 8 case.

WATCH


If you can watch or hear the clip:

Obama said he could not interject too much about Proposition 8 which is before the Supreme Court. But he said, "My personal view is that same-sex couples should have the same rights and be treated like everybody else and that's something that I feel very strongly about."

This is an interesting situation. If he's in the right of doing so, I hope he will file this brief and solidifying his role as an advocate for us.

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ProtectMarriage.com is in Debt over Gay Marriage

The hate group, ProtectMarriage.com, is coming up short in the federal Prop 8 case. They have a $2 million deficit in 2011 and they are still in debt.

Here's more

The 2012 accounts are not yet available. ProtectMarriage.com says it has since covered the 2011 shortfall. However, it is still $700,000 short in fundraising for its Supreme Court costs, according to a ProtectMarriage.com attorney, Andrew Pugno. That message has gone out to donors, with some urgency, as the Supreme Court prepares to hear arguments in March in its first thorough review of same-sex marriage.

"Unless the pace of donations starts to pick up right away, we could soon be forced over a financial cliff," ProtectMarriage.com said in an email to donors earlier this month.

ProtectMarriage.com's lead outside counsel, Charles Cooper, has not stopped work on the Supreme Court case, although he declined to comment on financial arrangements with clients.

This group were also outspent during the big 4 gay marriage battles. With this debt growing and their stance failing, maybe these haters need to try something new.

Read the rest here

Prop 8 Supporters File their First Supreme Court Brief

It begins.

The supporters of Prop 8 filed their 1st brief for keeping the gay marriage ban. Chris Geidner breaks the news about this on Buzzfeed:

Arguing that the case brought by same-sex couples seeking to marry was unlike past gay rights cases where the court struck down anti-gay restrictions and also unlike Loving v. Virginia, in which the court struck down bans on interracial marriage, the proponents of Proposition 8 argue that there is no historic reason "for invalidating marriage as it has existed in California for virtually all of its history, as it was universally understood throughout this Nation (and the world) until just the last decade, and as it continues to be defined in the overwhelming majority of States and Nations."

He also points out the interesting passage in the brief

Our Constitution does not mandate the traditional gendered definition of marriage, but neither does our Constitution condemn it. This Court, accordingly, should allow the public debate regarding marriage to continue through the democratic process, both in California and throughout the Nation.

Really? Lord, they will say anything. After the jump, read the full brief.

Brian Brown on FOXNews: It's Time for the Supreme Court to correct Some Wrongs

David Boies predicts SCOTUS will Overturn Prop 8 by a 5-4 Vote

David Boies predicts that Prop 8 will be overturned! He believes the case will be a 5-4 majority.

Here's more:

"I believe we will get more than five votes," said Boies, speaking of a possible future decision by the nine-member court on the state's same-sex marriage ban. 

"This is a civil rights case of the same importance as Brown v. Board of Education and Loving v. Virginia," Boies said. The two cases were the court's unanimous decisions outlawing school segregation in 1954 and striking down a ban on interracial marriage in 1967. 

"I think the justices have a history of coming together and rising above their personal views to enforce the Constitution's guarantees of equality," he said.

Sounds good to me.

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Court Rules: Prop. 8 is Unconstitutional!

By a 2-1 decision of the U.S. 9th Circuit Court of Appeals, Prop 8 violates the U.S. Constitution.

The haters vowed to appeal.

READ the ruling
Ninth Circuit Prop. 8 decision



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Tomorrow: U.S. Court of Appeals To Rule on Prop 8

It's big time tomorrow in Cali-Cal. We will know about Prop 8 in the morning.

Here's the press release:

San Francisco, CA – The United States Court of Appeals for the Ninth Circuit will issue a ruling in the landmark federal civil rights case of Perry v. Brown on Tuesday February 7, 2012 by 10:00 a.m. PST.  The court will determine whether to uphold the historic August 2010 decision of the Federal District Court that found Proposition 8 unconstitutional.  Proposition 8 stripped gay and lesbian Californians of the fundamental freedom to marry. 

 

The American Foundation for Equal Rights (AFER), the sole sponsor of the Perry case, will hold three media events on Tuesday, February 7, 2012 to discuss the significance and impact of the Ninth Circuit’s ruling:

 

1) A 10:30 a.m. PST press conference in Los Angeles at Vibiana, 214 S. Main St., Los Angeles, CA 90012.  Speaking at the press conference will be plaintiffs’ lead co-counsel Theodore B. Olson and David Boies; AFER Board President Chad Griffin; plaintiffs Kris Perry & Sandy Stier and Paul Katami & Jeff Zarrillo; and Dominick Zarrillo.

 

2) A national media conference call at 11:45 a.m. PST.  RSVP to melissa@afer.org for access code.  Speaking on the call will be plaintiffs’ lead co-counsel Theodore B. Olson and David Boies; AFER Board President Chad Griffin; plaintiffs Kris Perry & Sandy Stier and Paul Katami & Jeff Zarrillo; and Dominick Zarrillo.

 

3) A 5:00 p.m. PST press conference in San Francisco. Location is forthcoming.  Speaking at the press conference will be plaintiffs’ lead co-counsel Theodore B. Olson and David Boies; AFER Board President Chad Griffin; plaintiffs Kris Perry & Sandy Stier and Paul Katami & Jeff Zarrillo; Dominick Zarrillo; and San Francisco City Attorney Dennis Herrera.

It's going to be epic tomorrow folks!

 

Prop 8 Supporters may lose their case against Judge Walker

Good news, of sorts... It looks like Judge Walker's ruling won't be overturned.

A federal appeals court on Thursday expressed reservations about putting a swift end to the legal challenge to California's Proposition 8 because the judge who struck down the state's gay marriage ban was in a long-term, same-sex relationship when he ruled last year.

During a hearing in San Francisco, a three-judge 9th U.S. Circuit Court of Appeals panel peppered Proposition 8's lawyer with questions suggesting they were troubled by the charge that former Chief U.S. District Judge Vaughn Walker was biased because he failed to publicly disclose his relationship. While the judges did likewise pose several tough questions to gay rights lawyers, they appeared reluctant to agree with the argument Walker's ruling should be set aside based on his lengthy relationship with a male physician.

In particular, the judges were skeptical that Walker had an obligation to disclose whether he had a desire to marry his partner before the January 2010 trial.

So, hopefully this silly mess from the haters will be dropped and kicked aside. 

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Judge Ware will Release the Prop. 8 Case Tapes

U.S. District Judge James Ware will allow the Prop 8 case videotapes to be released:

Ware's order was stayed until Sept. 30, which gives Prop 8 supporters time to appeal.
His order comes on the same day that Dustin Lance Black is debuting his play "8," on Broadway, intended to bring to a wider audience what happened during the January, 2010 trial.

Ware wrote that he found "no compelling reasons" to continue sealing the tapes.

He wrote, "Foremost among the aspects of the federal judicial system that foster public confidence in the fairness and integrity of the process are public access to trials and public access to the record of
judicial proceedings. Consequently, once an item is placed in the record of judicial proceedings, there must be compelling reasons for keeping that item secret."

This is looking good for us.

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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.

The Prop 8 Revolution Will Be Televised

The September 6th Prop 8 Hearing will be (FINALLY) televised.
The Advocate reports:

Oral arguments on a legal standing question in the Proposition 8 case will be televised live in September, according to a California Supreme Court spokeswoman.

Of the September 6 hearing, SF Appealreports that "because of public interest in the case, the court has approved a live statewide television broadcast of the arguments on the California Channel, a public affairs network," according to spokeswoman Lynn Holton.

I'm excited to watch this. It should a popcorn event.

Judge Ware Rejects Motion to Vacate Judge Walker’s Ruling

Judge Ware denied the haters' claim that Judge Walker was biased on the Prop 8 case.

He said:

"It is not reasonable to presume that a judge is incapable of making an impartial decision about the constitutionality of a law, solely because, as a citizen, the judge could be affected by the proceedings," U.S. District Judge James Ware wrote in his ruling Tuesday.

Here's the ruling
798

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NCLR Executive Director Kate Kendell speaks on Yesterday's Prop 8 Case

The Ninth Circuit has Denied the Motion to resume gay marriages in California

In Cali-Cal, we will have to wait for Gay marriages. The motion to lift the stay was denied.

This morning, the Ninth Circuit Court of Appeals denied a motion to vacate the stay pending appeal.

Federal Judge Vaughn Walker ruled last year that Proposition 8 was unconstitutional and ordered that same-sex weddings be allowed to resume. 

That decision was appealed to the Ninth Circuit, where the case is tied up on a legal question the panel asked the California Supreme Court to rule upon: Do Prop. 8 sponsors have legal standing to defend the law in court when the state will not.

The order was filed by judges Stephen R. Reinhardt, Michael Daly Hawkins and N. Randy Smith.

The order says: “Having considered all of the factors set forth in Nken v. Holder, 129 S. Ct. 1749, 1756 (2009), and all of the facts and circumstances surrounding Plaintiffs’ motion to vacate the stay pending appeal, as well as the standard for vacatur set forth in Southeast Alaska Conservation Council v. U.S. Army Corps of Engineers, 472 F.3d 1097, 1101 (9th Cir. 2006), we deny Plaintiffs’ motion at this time.”

More to come.

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Prop 8 Supporters Try to go around President Obama's DOMA Stance

The lawyers for the Haters are ignoring President Obama's stance on DOMA, saying that it has no bearing on a California case.

Here's what they are trying to do

As a result, the attorneys are urging a federal appeals court to keep blocking same-sex unions while it considers the constitutionality of the ballot measure known as Proposition 8.


The lawyers said in court papers filed Monday that the rationale for keeping the voter-approved ban in effect is the same now as it was last summer, when the 9th U.S. Circuit Court of Appeals put a trial judge's order overturning Proposition 8 on hold.


Lawyers for two gay couples are asking the 9th Circuit to let same-sex marriages resume in California.

Good grief.

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