Prop 8 News from Stop8.org: October 2009

ACTION: Help the nationwide fight for LGBT equality Wednesday, 10/28/09
Daily Kos

Many of us have focused--rightfully so--on pressuring Obama and Congress to repeal anti-equality measures such as the Defense of Marriage Act and Don't Ask, Don't Tell. But there are still important fights at the ballot box NEXT WEEK! As many of you know, Maine is ground zero--our chance to win marriage equality at the ballot box for the first time! But there are also two other issues on the ballot in November: Washington State's Referendum 71, which would preserve Domestic Partnership benefits in the state. And in Kalamazoo, MI, there is a public referendum on Ordinance 1856, which will preserve non-discrimination in housing and other areas.

We want to go three for three and send a signal that the tide has turned for equality. And below the fold, you can find out how you can help.

[Read the article or read more articles from Daily Kos.]

What You Can Do Right Now To Protect Marriage Equality In Maine Wednesday, 10/28/09
The Stranger

The No on 1/Protect Maine Equality campaign is hoping to make 500,000 calls to Maine voters between now and election day next Tuesday. You don't have to be in Maine to make the calls.

[Read the article or read more articles from The Stranger.]

Judge Refuses to Stay Discovery in Prop 8 Case Tuesday, 10/27/09
Leonard Link

In their motion, they argued that they needed a stay pending appeal of Walker's order because once the information was "disclosed" it could never be "un-disclosed," so they should not be required to disclose it until an appellate court had rejected their arguments. Walker disagreed with this reasoning, evidently. (I've not seen a written opinion, just the newspaper report.) One of the tests for such a stay would be that the party appealing the decision is likely to prevail on the merits. Walker expressed doubt as to this, writing that "it simply does not appear likely that the proponents will prevail on the merits of their appeal."

[Read the article or read more articles from Leonard Link.]

Parents may not exempt their children from anti-bullying curriculum about non-traditional families, says school district in lawsuit Tuesday, 10/27/09
Prop 8 Legal Commentary

The case shows that even in a state with a constitutional ban on same-sex marriage, opponents of same-sex marriage still allege that public schools "indoctrinate" students in lessons about non-traditional families, contrary to the religious values of their parents. They characterize "indoctrination" as a requirement that all public school students, without exception, participate in any program about such families, even if it is a social science lesson on different types of families throughout the world.

[Read the article or read more articles from Prop 8 Legal Commentary.]

Show Me the Money! The Geography of Contributions to California's Proposition 8 Monday, 10/26/09
California Journal of Politics and Policy

Provides an overview of disclosure with regard to contributions in favor of and against California's Proposition 8 measure that banned same-sex marriage. Using publicly available data, out-of-state and in-state contributions are mapped, and the geography of California state politics and the consequences of disclosure are discussed.

[Read the article or read more articles from California Journal of Politics and Policy.]

Three questions for ... Theodore Olson Monday, 10/19/09
SF Gate

I'm getting some looks, and I'm getting some comments. (I tell them) if individuals love one another and want to live in a stable relationship recognized by the state as a community and a family, that strikes me as a conservative value. ... I don't think I've persuaded everyone, or necessarily anyone, but some people have said, "If you feel that way, I'm willing to listen. I'm willing to think about it."

[Read the article or read more articles from SF Gate.]

Interracial Couple Denied Marriage License By Louisiana Judge Thursday, 10/15/09
Huffington Post

"I don't do interracial marriages because I don't want to put children in a situation they didn't bring on themselves," Bardwell said. "In my heart, I feel the children will later suffer."

If he does an interracial marriage for one couple, he must do the same for all, he said.

"I try to treat everyone equally," he said.

[Read the article or read more articles from Huffington Post.]

EXCLUSIVE INTERVIEW: EQCA's Marc Solomon Talks About Relaunching 'Let California Ring', 2010 and 2012 T Thursday, 10/15/09
Unite the Fight

"We want to raise at least 15 million over the next three years," Marc said. "The primary focus of this work is going to be to move POC communities on the issue of marriage."

By partnering with organizations represented in the LCR's Executive Committee, as well as faith organizations, such as California Faith For Equality, Marc informed they plan "to do message testing development across the board, but particularly develop messaging that will work in these specific communities." All of this will be part of an education campaign.

"What we want to do in 2010 is research and work on pilot projects to put in place the messaging and delivery mechanisms that work, and put people on the ground to do the field organizing. So yes, it involves message testing."

And after that?

"The next step is to improve our messaging and then to add more components to a field education campaign. The additional components are media, TV, radio, online, newspaper ads, direct mail, mobilizing leaders in the community, getting news stories placed," he said.

[Read the article or read more articles from Unite the Fight.]

Schwarzenegger same-sex marriage bill called 'unconstitutional' Thursday, 10/15/09
CNN

Former Rep. Tom Campbell supports same-sex marriage and disagreed with the successful ballot initiative, Proposition 8, that put in place a constitutional ban on such marriages in the state.

But he opposes elements of the bill Schwarzenegger signed on Sunday, SB 54, which recognizes same-sex marriages performed in states other than California before November 5, 2008, when voters approved Proposition 8.

In an e-mail to CNN, Campbell wrote that the ban on same-sex marriage can only be modified by amending the constitution, as Californians voted to do last year. Schwarzenegger's action, he argued, "constitutes an unconstitutional attempt to do this by legislation."

[Read the article or read more articles from CNN.]

Judge Walker Rules Prop 8 Trial Will Proceed, Hammers Prop 8 Proponents Thursday, 10/15/09
Unite the Fight

Though we already knew this, Cooper and Prop 8 proponents will do anything to avoid going to trial because 1) They obviously don't know how to defend Prop 8 by strict scrutiny and 2) They really don't want to hand over internal campaign documents, which they've been ordered to do and are appealing. Must be some good stuff in those docs.

Walker is deciding whether or not to let cameras roll during the January trial - I sure hope so. This will make for some really good drama.

[Read the article or read more articles from Unite the Fight.]

Judge refuses to dismiss challenge to Prop. 8 Wednesday, 10/14/09
LA Times

U.S. District Judge Vaughn R. Walker, ruling after nearly two hours of arguments in San Francisco, rejected contentions by Proposition 8's proponents that precedent and tradition clearly showed last November's ballot measure permissible under the U.S. Constitution.

[Read the article or read more articles from LA Times.]

Gay-marriage battle in Calif. back in court Tuesday, 10/13/09
Philadelphia Enquirer

Tomorrow, Chief U.S. District Judge Vaughn Walker is to consider a motion from Prop 8 backers that would scrap plans for a January trial and put a quick end to the effort to overturn the ban.

The measure's defenders say U.S. Supreme Court precedent and the historical underpinnings of the definition of marriage negate the need for a trial.

That argument is strongly rejected by same-sex-marriage advocates who vow to present factual evidence that Prop 8 denies gay couples federal equal-protection rights.

Based on Walker's comments so far, Prop 8 backers might have an uphill fight to avert a trial, even with what some legal experts say are several strong legal arguments.

[Read the article or read more articles from Philadelphia Enquirer.]

Reid rips LDS Church's Prop. 8 support Tuesday, 10/13/09
Salt Lake Tribune

In a meeting with gay-rights activists last week, Senate Majority Leader Harry Reid criticized the LDS Church for backing a ballot measure banning same-sex marriage in California, saying the leaders of his faith should have stayed out of the contentious political fight.

Reid, a Democrat from Nevada, is the highest ranking elected official who is a member of The Church of Jesus Christ of Latter-day Saints. He previously has not commented on the flood of Mormon money and volunteers who helped propel Proposition 8 to victory in November.

But three organizers of the past weekend's National Equality March said Reid brought up the topic during a conversation in his office.

"He said that he thought it was a waste of church resources and good will," said Derek Washington, a Nevadan who worked as the outreach director for the march. "He said he didn't think it was appropriate."

[Read the article or read more articles from Salt Lake Tribune.]

The Governator signs major pro-gay bills overnight - but vetos trans rights bill Monday, 10/12/09
Pam's House Blend

Late last night, Gov. Arnold Schwarzenegger signed the Harvey Milk Day, out-of-state marriages bill and domestic violence protection bill.

"This is huge!" Equality California legislative director Alice Kessler tweeted early this morning.

However, Schwarzenegger vetoed AB 1185 (Lieu), which Kessler described as "a simple bill allowing better access to birth certificates for transgender people." He also vetoed AB 382 (Ammiano), which would have established protections for LGBT prisoners, which he said was "unnecessary."

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Discovery Dispute May Delay Trial in Prop 8 Case Monday, 10/12/09
Leonard Link

A dispute about a discovery demand in the pending federal lawsuit challenging the constitutionality of California Proposition 8 may delay the trial in the case, which has been scheduled to begin in January. The attorneys for the Proposition 8 Official Proponents are asking U.S. District Judge Vaughn R. Walker to stay discovery while they ask the U.S. Court of Appeals for the 9th Circuit to reverse Walker's October 1 ruling that they have no First Amendment right to refuse to turn over internal communications from the Proposition 8 referendum campaign.

[Read the article or read more articles from Leonard Link.]

Harvey Milk Finally Gets His Day Monday, 10/12/09
Change.org

Harvey Milk, the legendary LGBT activist and San Francisco Supervisor who was assassinated in 1978, has finally been given official recognition by the state of California with his own day. The bill to establish May 22 -- Harvey's birthday -- as Harvey Milk Day was signed by Gov. Arnold Schwarzenegger last night, capping off a whirlwind year in which Milk Day was originally vetoed by the Terminator, then the "Milk" movie exploded, then a Presidential Medal of Freedom was given posthumosly to Milk, and now, full circle, Schwarzenegger gets that Milk is an important figure for the state to honor.

[Read the article or read more articles from Change.org.]

Obama's Big Gay Speech Sunday, 10/11/09
Change.org

Failing to mention Maine royally stinks, especially after the debacle of Prop 8 last year where anti-gay activists all too easily used Obama to champion "traditional marriage."

[Read the article or read more articles from Change.org.]

Dear HRC dinner attendees: Sunday, 10/11/09
Good As You

The president does not deserve a standing ovation on anything involving our relationship recognition unless and until he comes out for FULL marriage equality. He did not do that. On this issue, let's not rise to our feet (in a supportive way) until he does.

A polite applause? Sure. Even a standing O when he vows to repeal DOMA? Okay, fine. But when the official position is still "one man, one woman = marriage," his support for our bonds really has no other way to fall but short.

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Is President Obama a sissy? Sunday, 10/11/09
LGBT POV

How in the world can he have the gumption - the audacity - to speak so movingly about freedom and equality and then tell us it will come for us "one day." That he is "unwavering" in his commitment to us - but WE are the ones who need to fight for equality and justice, individual by individual. How can he talk about the values laid down in our founding documents, the values we all share as Americans, and NOT spelling out what he is doing, with a timeline, to make sure that we enjoy those rights, too. He knows there is discrimination against us, he feels our pain.

But not enough to say something that would help those fighting in Maine and Washington from having their right taken away - right now.

[Read the article or read more articles from LGBT POV.]

Obama's HRC Dinner Speech - We Don't Need a Cheerleader, We Need a President Sunday, 10/11/09
Unite the Fight

President Obama needed to convince me of a lot in his speech at the HRC dinner tonight. I needed to be convinced that he had a plan, that he truly understood what was at stake for all of us in the LGBT population, and that he was aware that there possibly isn't as much time left to get actions accomplished as he may think.

What I heard convinced me, again, that President Obama sure knows how to deliver a powerful speech, and though I didn't hear a timeline for a Don't Ask Don't Tell repeal, and though I didn't hear him call out Maine or Washington State and express explicit support for their fights against anti-LGBT referendums, I did choke up. I choked up because I heard a sitting president say, "I'm here with a simple message. I'm here with you in that fight."

So why do I feel disappointed?

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Prop. 8 forces seek to hang on to blueprints Friday, 10/09/09
SF Gate

Walker has scheduled a trial in January on the suit by two same-sex couples, a gay-rights organization and the city of San Francisco. He will hear arguments Wednesday on a request by Prop. 8's sponsors to dismiss the suit without a trial.

[Read the article or read more articles from SF Gate.]

A profile of Cooper & Kirk's Charles Cooper, attorney for official Prop. 8 proponents in the Perry case Wednesday, 10/07/09
Prop 8 Legal Commentary

Charles Cooper, of Cooper & Kirk, represents the official Prop. 8 proponents in the Perry case. According to The Recorder, he is a close friend of plaintiffs' attorney Theodore Olson. Both were colleagues in Reagen's Justice Department.

[Read the article or read more articles from Prop 8 Legal Commentary.]

On Prop 8 Case, Judge Walker is Ready for His Closeup Tuesday, 10/06/09
Legal Pad

The national Judicial Conference thinks cameras shouldn't be allowed in district court proceedings, and many circuits around the country -- including the Ninth -- have followed that line. Just last week, the Seventh Circuit chided a Peoria, Ill., jurist for allowing cameras into a civil proceeding there.

So, if Walker is really serious, it appears he would need special permission from the Ninth Circuit Judicial Council to pull it off (a group which may not be totally unsympathetic). Same-sex marriage supporters don't have any problems with it.

But the Yes on 8 crowd sure does.

[Read the article or read more articles from Legal Pad.]

Prop. 8 backers seek to bump AG Brown to other side of same-sex marriage legal fight Tuesday, 10/06/09
Mercury News

Same-sex marriage opponents have asked a federal judge to shift Attorney General Jerry Brown to the plaintiffs' side of a lawsuit challenging Proposition 8, arguing that his refusal to defend the law makes him an adversary in the legal fight.

[Read the article or read more articles from Mercury News.]

Prop 8 Campaign Attitudes to be Revealed Sunday, 10/04/09
Box Turtle Bulletin

The most relevant information will be in relation to what messages the campaign decided not to present to voters as this will put those they did use in perspective.

But I'm sure that the virulent homophobia and blind hate expressed in the communications will also go far to illuminate the attitudes of the campaign against marriage.

[Read the article or read more articles from Box Turtle Bulletin.]

Meeting on strategies to topple Prop. 8 in 2010 set for Saturday in Riverside Friday, 10/02/09
Press-Enterprise

Inland gay-rights supporters are meeting Saturday to plan strategy for a proposed 2010 ballot measure that would overturn Prop. 8, the 2008 voter initiative that banned same-sex marriage.

Gay-marriage proponents, led by Los Angeles-based Love Honor Cherish, submitted ballot proposals Sept. 24 to legalize same-sex matrimonies. They need nearly 700,000 valid signatures by April.

The state's largest gay-rights group, Equality California, wants to wait until 2012 for an initiative, arguing that more time is needed to go door-to-door to change Prop. 8 supporters' minds on the issue. They fear possible defeat in 2010.

[Read the article or read more articles from Press-Enterprise.]