Tag Archives: proposition 8

Prop. 8 Trial Closes with a Lisp of Hot Air

Charles Cooper, the attorney defending Proposition 8

Of all the reports on the web today about the closing arguments in the trial contesting California’s Proposition 8 – the 2008 voter initiative that banned same-sex marriage – I really enjoyed this one by Roger Brigham, the San Francisco editor of EDGE.

Brigham did a fine job of conveying the absurdity of the 5-hour marathon of statements, at the peak of which, the attorney defending Proposition 8 actually minced and mimicked the defendants of same-sex marriage, using a falsetto.

This may be my favorite passage from the story:

The threat alluded to repeatedly by Cooper was the idea that by allowing same-sex couples to marry, heterosexual couples who would otherwise marry and breed would not do so. How this would happen Cooper did not explain and he offered no evidence.

Now, that’s showing us.

Take the time to read the rest of the story on EDGE.

Kitty’s Wedding – A Creative Protest

My thanks to Dan Savage for the tip-off about this awesome video. Watch as two lesbians apply for a marriage license in New York state and are then refused. Then a gay man they’ve never met steps in for one of the women. They introduce themselves to each other and a license is immediately issued. Now that’s sanctity!

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The Little Ladies in Black Can Marry

My grandmother – my mother’s mother – emigrated to the United States from Portugal when she was a girl of 12. Accompanied by an older brother, she came through Ellis Island just after the turn of the 20th century. They were on the way to California, where they’d been promised a home with cousins. They were emissaries of parents that wanted to give their children a chance at a life better than the one they had known. Grams and her brother were the first to arrive in the United States. Others came later. They were sent first because, although young, they showed promise – promise the family hoped would be nurtured here. Their parents never emigrated.

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California Already Has Your Gay Divorce

rosie+o'donnell,+weddingIt was bound to happen. As soon as discussion about gay and lesbian marriage equality was starting to feel pretty commonplace, it seems everyone is talking about gay divorce.

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California’s Prop. 8 Back in Court Today

A federal judge today will consider whether to dismiss a lawsuit against Proposition 8, last year’s ballot measure that reinstated a ban on same-sex marriage in California.

U.S. District Court Judge Vaughn R. Walker, who will hear arguments in San Francisco, must decide whether to proceed with a trial scheduled for January or throw out the constitutional challenge on purely legal grounds.

Walker has previously said he believes a trial is needed to develop a factual record for higher courts. The case is eventually expected to reach the U.S. Supreme Court.

But backers of the ballot measure contend that a trial is unnecessary because the law is already clear.

Read more on the LA Times blog.

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California Continues to Muddy Same-Sex Marriage Laws

While across the country, people marked National Coming Out Day, and the LGBT community gathered in a show of strength in Washington, DC, at the National Equality March, in California Governor Arnold Schwarzenegger quietly signed a bill adding new rights for gay and lesbian couples in the state.

However, the new rights only serve to add layers of complexity to the state’s already tiered marriage equality situation.

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I Am Protected… With Some Help From Microsoft

This heart-rending ad, “I Am Protected,” is running in Washington state in support of Referendum 71, which supports more partnership rights for Washington state’s gay couples.

In related news, Microsoft Corp. has donated $100,000 to the campaign in favor of Referendum 71.

That’s the largest single donation in favor of of the referendum. Microsoft is based in Redmond, Washington.

Considering that Alan C. Ashton, a co-founder of WordPerfect, gave $1 million to the campaign supporting 2008′s Proposition 8, the initiative that outlawed same-sex marriage in California, we can surmise that Microsoft’s Word is now the preferred word processing software of  gays and lesbians everywhere.

The “approve” campaign committee, called Washington Families Standing Together, has raised about $780,000 overall, and spent about $200,000. The “reject” campaign, called Protect Marriage Washington, has raised about $60,000, and spent about $35,000.

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Comments and Marriage Equality

I try to remember to write thank you notes for the comments people leave on this blog. Finding a well-thought-out or enthusiastic comment always makes my day. It lets me know what people are thinking, and it motivates me to keep writing.

There were some special ones this week. One woman, new to the site, wrote effusively to say;

Your blog is  fascinating, educational, hilarious, mesmerizing, intellectual, entertaining, inspiring and a bit naughty all at the same time.  I feel drunk now, thank you.

No, thank you. You made my day.

Another, a guy in Canada who follows me on Twitter and has been caring for his elderly father, wrote with kind words about the death of my friend, the veteran.

A regular reader, the author of many well-crafted comments, left her thoughts about the potential 2010 marriage equality push in California.

And, sometimes – in the way the best comments can – it motivated me to write more on the topic. One minute I was writing her a note of thanks, and in the next, I realized it would make an opinion post of its own:

Thank you for your thoughtful comment about the same-sex marriage push. I’m with you. I felt really disenfranchised through the last go-round – not by the idea of marriage equality, mind you – but by a campaign that appeared to be reactionary and fractured. Even at my local level, I wasn’t sure where money was going, or who was in charge.

The amount of money spent by both sides of the campaign – an estimated $73 million – is appalling, especially in light of the economy and all of the social and human services that are struggling or going unfunded. Church organizations who helped to fund Proposition 8 should be especially ashamed. When did God’s work become persecution and diverting resources away from the needy and the poor?

I think California marriage equality needs a better public relations campaign, one that starts at the grassroots level. Along with our rallies and fundraisers (which tend to attract our own and become media spectacles) we need more public speakers visiting service groups and churches.

We need to be reaching into communities up and down the state and talking about the economic impact of marriage equality to Realtors, Rotarians, and business organizations, about the need for recognized unions and families to educational and church groups. We need to talk about the potential impact of gay marriage on the state’s over-taxed adoption and foster parenting programs. We need to talk about civil rights to labor and ethnic organizations.

We need time to field questions and answers, to shake hands, and have rubber chicken lunches and punch in church halls. We need people to understand that marriage equality is about much more than government-recognized gay sex.

I love the queer craziness of our community as much as the next native California lesbian, but we have to remember that when we try to change the public mind by show up at rallies in flamboyant drag or holding kiss-ins, we’re going to lose as many votes as we gain. The same things that make great media images on the 6 o’clock news, and colorful photos on the front page of the newspapers serve to substantially increase the “ick” factor of homosexuality in communities that already aren’t voting with us. They can’t separate extremism from the core message.

Most importantly, we – the gay and lesbian community –  have to remember what we’re trying to sell. We’re trying to sell the conservative heartland of the state on the idea of equal recognition of loving relationships, not on the media reduction of the “gay lifestyle”. We’re talking wedding rings, children, Pottery Barn, and “until death do us part” – not leather parties and Dinah Shore.

I personally don’t think we can get it together for a 2010 election. I think it’s going to take a couple of years to gather resources, and most importantly, focus.

We need marriage equality to win big in California, not by two percent, or five percent. We need a landslide, an outpouring of support from people who understand and sympathize. We need unimpeachable language. We need a victory that won’t have to immediately be defended in court, or at the polls, yet again.

And that’s going to take some time, because first we need people to meet us and understand.

They don’t have to love us, but they do have to understand.

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Dissent Marks Possible California Gay Marriage Push

testyourlove

A straw poll of same sex marriage proponents gathered in San Bernardino over the weekend indicated the majority want to return to the ballot in 2010 to try to overturn Proposition 8.

Final count of the nonbinding measure: 93 people voted to go in 2010, 49 in 2012 and 20 undecided.

However, the movement still remains largely unorganized. It doesn’t have a leader or official decision making process.

And it definitely has dissenters.

Some critics would argue that this sort of loose structure resulted in the divisive herd of organizations that paddled upstream against Proposition 8 in the last election.

Leaders that participated in the poll will return to their organizations and then a final decision will be made in a couple of weeks.

However, if they’re going to go place it on the ballot in 2010, they’d better hurry. Ballot language is due to the Attorney General by Sept. 25. And needless to say, careful wording is everything.

Today’s New York Times features a story on how there is dissent in California’s marriage equality movement:

But the timing of another campaign has since been questioned by several of the movement’s big donors, including David Bohnett, a millionaire philanthropist and technology entrepreneur who gave more than $1 million to the unsuccessful campaign to defeat Proposition 8.

“In conversations with a number of my fellow major No on 8 donors,” Mr. Bohnett said in an e-mail message, “I find that they share my sentiment: namely, that we will step up to the plate — with resources and talent — when the time is right.”

“The only thing worse than losing in 2008,” he added, “would be to lose again in 2010.”

Read the entire story here.

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S.F. Asks Feds to Toss Prop. H8

San Francisco has asked a federal judge to overturn California’s ban on same-sex marriage, allying the city with a lawsuit that could reach the U.S. Supreme Court.

In papers filed Thursday night in U.S. District Court in San Francisco, City Attorney Dennis Herrera’s office argued that Proposition 8 was motivated by hatred of gays and lesbians and violates their constitutional right to be free of discrimination.

Although sponsors of the November ballot measure said they were trying to promote traditional marriage and protect children, “excluding same-sex couples from marriage does nothing to advance those goals,” Chief Deputy City Attorney Therese Stewart said in the 49-page brief.

Prop. 8′s “real aim was harming gays and lesbians and expressing moral disapproval of them,” Stewart said.

In arguing to throw out Prop. 8, Stewart cited the Supreme Court’s 1996 ruling that struck down Colorado’s ban on state and local gay-rights measures and said a law motivated by hostility toward gays and lesbians is unconstitutional.

Read the rest of the story in the SF Gate.

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If You Haven’t Seen “The Defenders”…

… you should. It’ll make you laugh, but in a hollow way. Check it out:

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Court Upholds Prop 8, Advocacy Groups Vow to Restore Marriage Equality

This is the official press release from the National Center for Lesbian Rights (NCLR):

(San Francisco, CA, May 26, 2009)—Today, in a 6 to 1 decision, the California Supreme Court upheld Proposition 8, the ballot measure that eliminated the right of same sex couples to marry. In the ruling authored by Chief Justice Ronald George, the Court stated “We emphasize only that among the various constitutional protections recognized in the Marriage Cases as available to same-sex couples, it is only the designation of marriage — albeit significant — that has been removed by this initiative measure.” At the same time, the court unanimously ruled that the more than 18,000 marriages that took place between June 16 and November 4, 2008 continue to be fully valid and recognized by the state of California. The decision reaffirmed the Court’s prior holding that sexual orientation is subject to the highest level of protection under the California Constitution.

In a strongly worded dissent, Justice Carlos Moreno stated,

“The rule the majority crafts today not only allows same-sex couples to be stripped of the right to marry that this court recognized in the Marriage Cases, it places at risk the state constitutional rights of all disfavored minorities. It weakens the status of our state Constitution as a bulwark of fundamental rights for minorities protected from the will of the majority.”

“Today’s decision is a terrible blow to same-sex couples who share the same hopes and dreams for their families as other Californians,” said Shannon Minter, Legal Director for the National Center for Lesbian Rights, who argued the case before the California Supreme Court in March. “But our path ahead is now clear. We will go back to the ballot box and we will win.”

The National Center for Lesbian Rights, Lambda Legal, and the ACLU represent Equality California, whose members include many same-sex couples who married between June 16 and November 4, 2008, and six same-sex couples. David C. Codell and Munger, Tolles & Olson LLP, and Orrick, Herrington & Sutcliffe LLP are also counsel on the case.

At a press conference this morning, all of the groups vowed to return to the polls to restore the right to marry for same-sex couples.

Elizabeth Gill, a staff attorney with the ACLU of Northern California, said,

“Same-sex couples yearn for the same dignity and respect that others enjoy. The current situation in California is fundamentally unfair, and it is deeply disappointing that the Court let this injustice stand. But we are committed to restoring equality at the ballot box.”

The National Center for Lesbian Rights, Lambda Legal, and the ACLU filed the legal challenge on November 5, after Proposition 8 was approved by just 52 percent of the voters on Election Day.

An unprecedented 43 friend-of-the-court briefs, representing hundreds of religious organizations, civil rights groups, and labor unions, and numerous California municipal governments, bar associations, and leading legal scholars, were filed in the case, urging the Court to strike down the initiative.

“Public opinion is moving in the direction of fairness and equality, and it is only a matter of time until the freedom to marry will again be secure for all Californians.” – Jennifer C. Pizer

Pizer is the Marriage Project Director for Lambda Legal. “Achieving equality always requires struggle, but over time people come to accept that equal treatment and equal protection of the laws is the best way to protect the rights of all,” she said.

“By upholding Prop. 8, the Court has moved our state backward and has put all Californians at risk of losing fundamental rights at each and every election. Our Constitution must ensure that all Californians are treated equally by our government,” said Geoff Kors, Executive Director of Equality California. “Despite this injustice, we are prepared to return to the ballot box together with our allies to restore the freedom to marry. As more and more states across the nation allow same-sex couples to marry, and as we continue our efforts to win the hearts and minds of Californians through real conversations in homes, in neighborhoods, online and on the air, we are confident that same-sex couples will soon enjoy the honor, dignity and protections that only marriage provides.”

There is more information, including pdfs of the decision and other documents, on the NCLR website.

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Another Prop. H8 Protest Graphic

Swipe it and use it!

Minorities&H8

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Help Repeal Prop. 8

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Civil Rights Fail

failwhaleH8

Blog Reporting Newsom Asked Court to Delay Prop. 8 Ruling

Towleroad, which bills itself as a blog site “with homosexual tendencies” is reporting that San Francisco Mayor Gavin Newsom asked the court to delay announcing its decision as not to coincide with the 30th anniversary of the White Night riots.

Confidential sources close to San Francisco City Hall told Towleroad’s Corey Johnson that the California Supreme Court was prepared to release its opinion on Proposition 8 tomorrow, but decided to delay the ruling after a call from Mayor Gavin Newsom.

Newsom reached out to the Supreme Court and asked them to hold off releasing their decision so it did not coincide with the White Night riots,” said our source.

Towleroad notes that the source spoke on condition of anonymity and that the blog has been trying to get an on-the-record source for the story.

The White Night riots took place on May 21, 1979 in San Francisco after the annoucement of the lenient sentencing of Dan White for the assassinations of San Francisco Maytor George Moscone and openly gay Supervisor Harvey Milk.

The events leading up to the assassinations are the subject of Gus Van Sant’s movie Milk, starring Sean Penn.

The riots caused thousands of dollars in property damage, and the police made a retaliatory raid on a gay bar in the Castro. Many patrons were severely beaten by cops in riot gear. Arrests were made, lawsuits filed, and the show of strength by the gay community resulted in Mayor Dianne Feinstein appointing a gay-friendly police chief, which eased tensions and lead to the hiring of more gay officers.

Since the movie Milk ended before the verdict, I’ll share this short clip of the White Night riots with you:

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Prop. 8 Decision Coming Tuesday

This from the Kate Kendell’s blog on the NCLR website:

On Tuesday, the California Supreme Court will issue its ruling in our Prop 8 legal challenge. We brought this case on behalf of Equality California and six couples who urgently wish to retain the freedom to marry in California, but the Court’s decision will mean so much more to so many—to same-sex couples in California and in states across the country, to those who advocate for minority rights, and to all those who care about equality. The Court’s decision will determine whether or not Prop 8 is valid, and whether or not the more than 18,000 marriages that took place between June 16 and November 4, 2008 will continue to be legally valid and recognized by the State of California.

Any ruling that upholds Prop 8 will be a terrible blow to the thousands of LGBT Californians who have the same hopes and dreams for their families as others.

Read the rest here.

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There’s a Decision Coming Down

We’ve recently passed two milestone dates in the history of marriage equality.

May 17 was the five-year anniversary of legal same-sex marriage in Massachusetts, and May 15 was the one-year anniversary of the day the California Supreme Court legalized same-sex marriage.

The California Supreme Court’s decision was subsequently overturned by Proposition 8, but not before approximately 18,000 same-sex couples had tied the knot.

Since last May, Connecticut, Vermont, Maine, and Iowa have all legalized same-sex marriage. Marriage equality is also close to becoming legal in New Hampshire and New York.

But California is still waiting for the State Supreme Court’s decision in the lawsuit challenging Prop 8.

The decision is due before June 3 and the court has said it will provide one business day’s notice.

Since the announcement will come on a Monday or a Thursday, or on Tuesday, May 26 (the day after Memorial Day), that leaves only a handful of possibilities: Thursday, May 21; Tuesday, May 26; Thursday, May 28, or Monday, June 1.

Mark your calendars.

Meanwhile, if you’re an “opposite sex” legally married couple in Massachusetts who can make a compelling case for why your marriage has been damaged by same-sex marriage in the past five years, I’d like to hear from you.

By the way, “My husband has become obsessed with wanting to watch,” isn’t compelling enough.

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Lesbian Activist Rabbi Heads SoCal Board of Rabbis

deniseeger_2Denise L. Eger is a Reform rabbi and lesbian who has married dozens of gay and lesbian couples. She fought tirelessly against California’s Proposition 8.
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Now she’s the head of the Board of Rabbis of Southern California.
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Read more about her in this excellent profile in the Los Angeles Times.

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Maine Embraces Same-Sex Marriage

UPDATE:  Wahoo, Maine! Governor Baldacci signed this in to law today. Congratulations to our most northeastern state, winters are going to get a lot warmer for part of your population!

The lower house of the Maine state legislature has passed a bill that takes the state a step closer to being the fifth in the nation to allow same-sex marriage.

Maine’s Democratic-controlled House of Representatives voted 89 to 57 to enact the proposal.

The bill now returns to the state Senate, which has previously approved it. If it passes there it will be brought to the governor for his signature.

Governor John Baldacci once opposed gay marriage but in April said he is keeping an open mind on the issue.

Massachusetts, Connecticut and Vermont in the Northeast and Iowa in the Midwest have already legalized gay marriage, and New Hampshire’s state senate last month approved a gay marriage bill. California’s State Supreme Court determined that same-sex marriage was legal in 2008, but a voter initiative largely funded by out of state religious organizations – Proposition 8 – removed that right. The state’s Supreme Court is currently debating the legality of that election.

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