Prop 8 News from Stop8.org: December 2009

Sister of Prop 8 mastermind runs for judge in Sacramento Thursday, 12/31/09
Bay Area Reporter

The lesbian sister of Proposition 8 mastermind Frank Schubert has announced her candidacy for Sacramento County Superior Court judge.

At her campaign Web site, Anne Marie Schubert, a deputy district attorney for Sacramento County, promotes herself as a law and order and victim's rights candidate with several endorsements from local law enforcement organizations.

[Read the article or read more articles from Bay Area Reporter.]

A Hearing On Televising Prop 8 Trial Wednesday, 12/30/09
Variety

After receiving a flurry of letters for and against the idea, U.S. District Judge Vaughn Walker is seeking to schedule a hearing next week on whether to allow televised coverage of the Prop 8 trial.

Via his deputy clerk, he sent a e-mail to the various parties today to schedule a hearing for Jan. 6 to consider allowing cameras in the courtroom during the trial, which is scheduled to begin five days later on Jan. 11.

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

Prop 8 backers ask federal judge to ban cameras, plaintiffs reply Wednesday, 12/30/09
LGBT POV

Charles Cooper, the attorney representing the Prop 8 supporters in the Perry v Schwarzenegger federal case challenging Prop 8, filed two letters asking the judge not to allow TV cameras into the courtroom. The letters are in response to a Media Coalition's request to allow at least pool TV coverage by In Session, formerly Court TV (see my coverage here and here - and Ted Johnson's coverage at Variety's Wilshire and Washington.com).

The plaintiffs - a legal team represented by famed attorneys Ted Olson and David Boies - responded to District Court Chief Judge Vaughn Walker saying they support broadcasting the trial.

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

Tweeting the Prop 8 Trial Tuesday, 12/29/09
National Lesbian & Gay Journalists Association

Karen Ocamb at LGBT POV has been following the story on how the trail will be covered, and points to a 12-page guide and website produced by the federal court in San Francisco for media folks hoping to cover the trial. According to the guide, laptops will be allowed in court-which is not always the case-and that while reporters shouldn't be chatting on the phone, they can use their phones for tweets and other text messages.

[Read the article or read more articles from National Lesbian & Gay Journalists Association.]

Voters Shunning Gay Rights--But Supporting Gay Candidates Tuesday, 12/29/09
Edge

Freedom to Marry's Evan Wolfson declared, "The fact that an openly gay candidate wins for mayor in the nation's fourth largest city, in the South, in Texas, shows that when Americans get to know gay people as people, not as stereotypes, their resistance to treating gay people equally reduces."

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

Prop 8 Case Judge Won't Move AG Brown To Plaintiffs' Side Thursday, 12/24/09
San Francisco Appeal

A federal judge in San Francisco has turned down a bid by supporters of California's same-sex marriage ban to move state Attorney General Jerry Brown to the opposing side in an upcoming trial.

U.S. District Judge Vaughn Walker said in a ruling late Wednesday that placing Brown on the same side as the plaintiffs in a lawsuit challenging the ban "would benefit neither the parties nor the court."

[Read the article or read more articles from San Francisco Appeal.]

Yesterday's developments in Perry v. Schwarzenneger Thursday, 12/24/09
Prop 8 Legal Commentary

Thanks to California attorney Rick Xiao for forwarding these filings. He notes that "over the course of the Prop. trial, plaintiffs intend to introduce nearly 2000 trial exhibits!"

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

Martha Stewart Weddings Features Blogger as Part of First Gay Couple Monday, 12/21/09
Mediaite

Congratulations to Good As You blogger Jeremy Hooper and his husband, Andrew Shulman, who are the first same-sex couple featured in Martha Stewart Weddings. The guys are featured in the Winter 2010 edition of Martha's wedding edition, according to a Dec. 20 tweet by Hooper who announced: "It's official: This writer and his husband are first same-sex couple in Martha Stewart Weddings mag."

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

Will 9th Circuit staff attorney Karen Golinski file a DOMA suit in California? Saturday, 12/19/09
Prop 8 Legal Commentary

n early January 2010, the most exhaustive legal review of gay rights in the country's history will come in a public trial led by Ted Olson and David Boies in Judge Walker's San Francisco courtroom. And it's very likely that DOMA will soon be challenged in California too. For the nationwide gay rights movement, federal courts in California will take center stage in the years to come.

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

The Prop 8 Emails Order: Huh? Friday, 12/18/09
San Francisco Appeal

So basically, the First Amendment protects even a bigot's rights to organize politically in private -- but it's still an open question about whether or not the Fourteenth Amendment allows gay people to get married like everyone else, which the 9th Circuit gave back to Judge Walker to decide. Should be an interesting trial, no?

And the latest news: the 9th Circuit has cleared the way for Judge Walker to televise the Prop 8 trial, and the 9th Circuit has also asked for both sides in the Prop 8 trial to send in arguments about whether or not they need to look at this email issue again. Doesn't mean they will, or if they do that they'd change their mind, but they're definitely thinking about hearing more arguments about it.

[Read the article or read more articles from San Francisco Appeal.]

Prop 8 Foes Attack Expertise of 'Expert' Witnesses Friday, 12/18/09
Legal Pad

According to the same-sex marriage side, Prop 8 supporters want to call Young as an expert on what universally constitutes marriage and why.

But, anti-Prop 8 folks note, Young is an expert in ... Hinduism.

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

9th Circuit Explains Reversal of Discovery Order in Prop 8 Litigation Friday, 12/18/09
Leonard Link

If a 1st Amendment privilege was raised, the burden on the Plaintiffs would be high to show their need for this information. In this case, the court said, to prove their point about bias the pPaintiffs could rely on expert testimony and about evidence of the campaign tactics that were visibly deployed by the Proponents. There was no need to delve into and seek disclosure about internal communications concerning strategies and arguments that never saw the light of day. Although the court conceded that Walker had correctly concluded that the Rule 26 standard was met, it concluded that the more stringent necessity test had not been met. There were other ways for Plaintiffs to get the necessary information before the court at trial without compelling disclosure of documents that could chill future political activity.

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

Why Won't The Lead Prop 8 Attorney Speak With The Press? Friday, 12/18/09
San Francisco Appeal

Charles Cooper, the lead attorney for the supporters of Prop 8, refused to enter the media room and make himself available for questioning by the press and a blogger. When spotted outside the courthouse, local TV and radio reporters tried to get him to go on the record for a few comments, but he refused the interview requests.

[Read the article or read more articles from San Francisco Appeal.]

Same-Sex Marriage Advocates Have Uphill Battle For 2010 Ballot Initiative Thursday, 12/17/09
LA Weekly

Political consultant Ace Smith, who helped elect Mayor Antonio Villaraigosa to the city's top office and worked on the presidential campaign of Hillary Clinton, tells the Journal, "I support 2010 and 2012. I support going to the ballot as many times as it's going to take."

As we reported, Love Honor Cherish is hoping that the power of the internet will help it overcome its hurdles. It has posted its petition to get a proposition on the ballot online. All supporters have to do is print it, sign it and send it in.

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

The Decade's Rise of Gay Marriage Thursday, 12/17/09
ABC News

Five states in 10 years may not seem like an significant accomplishment for gay marriage advocates, but for men and women who thought they might never be able to marry their same sex partners, the victories have been monumental.

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

[UPDATE: Apparently False] Rumor: Judge Walker States That the Prop. 8 Campaign Documents Discovery Dispute Will Go En Banc at the Ninth Circuit Thursday, 12/17/09
Volokh

The parties are requested to file simultaneous briefs setting forth their respective positions on whether this case should be reheard en banc, including whether rehearing en banc is warranted in light of Mohawk Industries, Inc. v. Carpenter, 558 U.S. --, No. 08-678 (Dec. 8, 2009).

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

Supervisors Act on Gay Marriage Issue Thursday, 12/17/09
Tribune Weekly Chronicle

The Board of Supervisors met early in their meeting on closed session to discuss two last minute items that was brought to them. When the board came out of closed session County Counsel Michael Rood informed the public the board decided to take action to intervene in the case of Perry v. Arnold Schwarzenegger. The County of Imperial, according to Rood, will be done in order to represent the voters of the Imperial Valley who overwhelmingly supported to define marriage as the union between a man and a woman.

[Read the article or read more articles from Tribune Weekly Chronicle.]

No Cameras Allowed in Prop 8 Trial. Unless They Are. Thursday, 12/17/09
Legal Pad

Under local and circuit rules, television cameras aren't allowed into court, said Northern District Chief Judge Vaughn Walker during a final pretrial conference Wednesday. However, the Ninth Circuit conference passed a toothless resolution a couple years ago supporting the concept in civil bench trials, just like the Prop 8 case. Now, the circuit's governing council is mulling a pilot program to allow it, which "may be considered in the near future," Walker said.

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

Appeals court to vote on new hearing in Proposition 8 challenge Thursday, 12/17/09
LA Times

Judges of the U.S. 9th Circuit Court of Appeals will vote soon on whether to reconsider their decision last week denying gay rights advocates access to internal communications of Proposition 8 supporters who succeeded in getting voters to ban same-sex marriage last year.

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

Help us reach 60,000 voters Thursday, 12/17/09
Equality Maine

To win back marriage in Maine, we need to identify 60,000 new voters. It will take considerable resources to persuade these swing voters and to kick off the project we need to raise $10,000 before the end of the year. Can you chip in $10 or $20 to help us take this very important step in winning back marriage in Maine?

[Read the article or read more articles from Equality Maine.]

Gay-Marriage Backers Split on 2010 Ballot Effort Tuesday, 12/15/09
Wall Street Journal

At the core is a debate over strategy: Is it more effective to mount a relentless offensive at the ballot box? Or is it better to take the time to build a war chest of cash and clout before going back to voters?

[Read the article or read more articles from Wall Street Journal.]

California Companies Fight Same-Sex Marriage Nationwide Monday, 12/14/09
NY Times

As the political battle over same-sex marriage plays out in state capitals across the country, several California companies have emerged as the go-to players for opponents of the marriages.

One of the companies, Mar/Com Services Inc., lists its business address here in San Francisco, a city well known for its large and politically active gay population. When Maine residents opposed to a new law permitting same-sex marriage decided earlier this year to challenge it, they hired Mar/Com to do the production work for the television and radio advertisements.

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

Prop 8 Challengers Won't Get To See Internal Docs From Sponsors Of Anti-Gay Legislation Saturday, 12/12/09
San Francisco Appeal

Yusef Robb, a spokesman for the same-sex couples' lawyers, said the plaintiffs have plenty of other evidence and said the attorneys don't expect the ruling to delay the trial.
Robb said, "We're ready to proceed on January 11 with an overwhelming case that is based on multitudinous evidence, witness testimony and the U.S. Constitution."

[Read the article or read more articles from San Francisco Appeal.]

The Gay Marriage Fiasco Friday, 12/11/09
Daily Beast

Not surprisingly, Cathcart did not say a global change of venue was on the table, suggesting instead that the movement had to keep figuring out what kind of campaigns-political as well as educational-were needed to move the middle in the states where the question remains open. Cathcart admitted that on the ground, "a certain degree of success is essential to keep people motivated, and, if they see that the promised successes are not forthcoming, they will stop believing the messengers." The leaders of gay organizations are meeting shortly after the first of the year, and there will, as Cathcart, says, "surely be a lot of conversations about this new information, as there were in California."

But Cathcart, who has a lot of years in the gay movement behind him, still sees reason for hope. Despite losing in California in 2008, activists are gearing up for another try, although they are still debating when to go. And the Washington D.C. City Council earlier this month approved a same-sex marriage law for the Capitol city. "As 2009 draws to a close, people are getting married in Iowa; on January 1, they will start marrying in New Hampshire, and maybe soon in D.C.," he says.

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

GOP Pollster: Gay Marriage "Only A Matter Of Time." Wednesday, 12/09/09
The New Civil Rights Movement

"It's only a matter of time," said a prominent Republican pollster, who declined to be named for stating a view that runs contrary to those of many of his clients. "Once the dam bursts, which is going to happen, it's a process that won't be stopped."

[Read the article or read more articles from The New Civil Rights Movement.]

Vanasco: Live in NJ? Call your senator on gay marriage Wednesday, 12/09/09
365Gay

Garden State Equality's quick form will tell you who your senator is and the number to call.

[Read the article or read more articles from 365Gay.]

A risky proposition: the Prop. 8 debate continues Wednesday, 12/09/09
SF Weekly

People love to blame Equality California for losing the gay marriage battle in California last year. But amidst the finger-pointing, the gay-rights group seems to have gotten one thing right: Voters aren't ready to repeal the ban on same-sex marriage in 2010.

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

NY: Gay Activists to Fight to Remove Democrats Who Betrayed Gay Marriage Vote Tuesday, 12/08/09
Gay Marriage Watch

The rhetoric is ratcheted up to 11 after last week's overwhelming rejection of same-sex marriage in the state Senate, which left gay-rights activists reeling. "It's going to be a bloodbath," one gay "operative" tells the Daily News. "We're going to use every single weapon in our quiver to take these people out. We either need to replace them or scare the hell out of them so they do the right thing." Activists say they'll focus their efforts on the Democrats who they feel betrayed them, and number one on the list of Senator Joseph P. Addabbo of Queens.

[Read the article or read more articles from Gay Marriage Watch.]

Who Is This Hero Politician, Diane Savino? Sunday, 12/06/09
Gawker

Overall she seems like a good egg, so don't mess up and kick her out, Staten Island. We know how you are over there.

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

Gay marriage could add $500M to NJ economy, panel told Sunday, 12/06/09
NJ.com

New Jersey could boost its economy by more than half a billion dollars over the next three years by promptly legalizing same-sex marriage, a California law professor told a state commission today.

[Read the article or read more articles from NJ.com.]

Maine Revisited: Is There a Backlash Against Same-Sex Marriage? Saturday, 12/05/09
FiveThirtyEight

What that means is that there's a "swing vote" of about 10 percent of the electorate that is not yet ready to allow gay marriage, but is also not willing to ban it (at least not Constitutionally). This is enough to tip the national balance on the question of gay marriage.

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

Prop. 8 Supporters Get Boost From Three Clinton Appointees Saturday, 12/05/09
Wall Street Journal

A panel comprised of Clinton appointees Kim Wardlaw, Raymond Fisher and Marsha Berzo ruled that the Proposition 8 sponsors "have made a strong showing that they are likely to succeed in their arguments" that the discussions were constitutionally protected and that an order like Walker's would discourage candid communications in political campaigns.

The court, which for now only ruled on whether to enjoin the effectiveness of Walker's decision, said it would issue a formal ruling soon.

[Read the article or read more articles from Wall Street Journal.]

Prop. 8 proponents likely to prevail in their appeal to withhold internal campaign communications from Perry plaintiffs Friday, 12/04/09
Prop 8 Legal Commentary

Today the 9th Circuit panel ruled in favor of the Prop. 8 proponents. The panel upheld the stay:

Appellants' motion for leave to file an oversized reply is granted. Appellants' November 23, 2009 reply has been filed. We conclude that appellants have made a strong showing that they are likely to succeed on the merits and that they will be irreparably injured absent a stay.

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

Courage Campaign Founder Rick Jacobs Responds to UTF With Answers Surrounding Marriage Equality Research Thursday, 12/03/09
Unite the Fight

We will not release the findings of this first round to the press because it would be equivalent, as you point out, to handing over hundreds of thousands of dollars of research to the opposition. Interestingly, the Yes on 8 crew is in the Ninth Circuit Court of Appeals right now trying to prevent handing over their internal communications because they believe those communications have some value and would be useful to our side. Why would we willingly hand over our research? Had the Obama Campaign, the most data-driven campaign in history, publicized all of its research, John McCain would be president today. We will share relevant data confidentially with allied LGBT and progressive groups over the next two weeks.

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

N.J. gay marriage proposal will be considered by Senate next week Thursday, 12/03/09
NJ.com

The New Jersey gay marriage proposal will be considered Monday by a Senate committee and could be posted for a full senate vote later in the week, state Sen. Ray Lesniak said today.

"On Monday in the Judiciary Committee, we're going to vote on marriage equality," Lesniak (D-Union) said, while making the announcement to a crowd of gay marriage supporters on the Statehouse steps today.

[Read the article or read more articles from NJ.com.]

Prop. 8 foes seek initiative sponsors' internal records Thursday, 12/03/09
LA Times

Although 9th Circuit panels often take months to issue rulings, a decision on the campaign communications is expected sooner, probably within a couple of weeks, to allow the trial on Proposition 8's constitutionality to proceed on schedule, according to attorneys.

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

Marriage Equality Fails In NY Senate Thursday, 12/03/09
Joe My God

Among the surprises was a "no" vote from Queens Democrat Sen. Hiram Monserrate, who had previously been a vocal supporter. In October, Monserrate narrowly escaped a felony assault conviction for slashing the face of his girlfriend with a broken glass. Monserrate's NYC office: (718) 205-3881. His Albany office: (518) 455-2529.

[Read the article or read more articles from Joe My God.]

Americablog On Today's "No" Vote On Gay Marriage in New York Senate: It Ain't Over Thursday, 12/03/09
The Stranger

So, gays helped put the Democrats in control of the State Senate--and that is widely known. And, what did we get for that? A crushing defeat. This is so not over.

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

Why You Can Forget About a 2010 Prop 8 Repeal Thursday, 12/03/09
Queerty

So you can pretty much forget about a full-blown effort to repeal Prop 8 in 2010, because the project's earliest backers are punting on the issue.

The Courage Campaign's Rick Jacobs (pictured), which blew off Equality California's attempt to back a 2012 repeal and move ahead faster, now says the latest very-expensive polling reveals they don't have the financial leverage (or voter support) for a satisfactory stab at a 2010 repeal. "We do not see a path to victory," says Jacobs after reviewing the $200k in polling data, bought with members' support and led by Steve Hildebrand.

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

ACLU backs Prop. 8 forces in disclosure case Thursday, 12/03/09
SF Gate

The ACLU said a political campaign should be allowed to keep its internal communications confidential unless its opponents prove a compelling need for the information.

Requiring disclosure of all documents relevant to a court case "would not breathe fresh air into the electoral process so much as flatten it like a house of straw," Bomse said.

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

Lambda Legal Calls for More Education and Time to Restore Marriage Equality in California Wednesday, 12/02/09
Lambda Legal

Los Angeles, CA -- Lambda Legal today called for more outreach, education, research and time to change hearts and minds before returning to the ballot to reopen marriage to gay and lesbian couples in California. At least one initiative to restore marriage equality for same-sex couples is currently circulating that, if it qualifies, would appear on the November, 2010 ballot, but Lambda Legal believes that putting this measure to a vote in 2012 is the strongest strategy.

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

Christian leaders' stance on civil disobedience is dangerous Wednesday, 12/02/09
LA Times

Did the Roman Catholic bishops who signed the manifesto consider how their endorsement of lawbreaking in a higher cause might embolden the antiabortion terrorists they claim to condemn? Did they stop to think that, by reserving the right to resist laws they don't like, they forfeit the authority to intervene in the enactment of those laws, as they have done in the congressional debate over healthcare reform? They need to be reminded that this is a nation of laws, not of men -- even holy men.

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

Courage Campaign Not to Release Marriage Equality Research - Information Behind Project Could Help Mend Broken Trust Wednesday, 12/02/09
Unite the Fight

I would ask of CC that they release some of the non-sensitive information, such as how much research was done? How extensive? Who did the analysis and how much of that was done? How much was spent and in what way? How much if any is left over? How big the sample base, what regions of California, etc?

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

One question divides same-sex marriage proponents: When? Wednesday, 12/02/09
LA Times

Some want to set a vote in 2012 on overturning Proposition 8, fearing that the planned 2010 ballot measure, if it fails, could further polarize voters.

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

Spare 3 Minutes for Marriage Equality in New Jersey? Wednesday, 12/02/09
Queers United

If you can spend weekdays calling your legislator once a day anytime, anywhere from 9-5 pm to vote on marriage equality, please fill out this form!

[Read the article or read more articles from Queers United.]

Repeal Prop 8 in 2010 hits a major snag Tuesday, 12/01/09
LGBT POV

The effort to return to the California ballot to repeal Prop 8 in 2010 hit a major snag Monday. After conducting "the first phase of extensive and groundbreaking research about public beliefs and concerns about marriage and homosexuality," the Courage Campaign and Lambda Legal both announced that they are waiting until more hearts and minds are changed before launching another campaign.

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

The Money Behind the 2008 Same-Sex Partnership Ballot Measures Tuesday, 12/01/09
National Institute on Money in State Politics

Committees raising money around the four 2008 ballot measures addressing same-sex partnership issues raised $101.1 million. The four measures were California's Proposition 8, Arizona's Proposition 102, Florida's Amendment 2 and Arkansas' Initiative Act 1.

[Read the article or read more articles from National Institute on Money in State Politics.]

Courage Campaign Calls for More Research and Time to Build Support to Restore Marriage Equality in California Tuesday, 12/01/09
Courage Campaign

Jacobs hailed the work being done in the field by grassroots activists, saying, "We must build our ultimate victory from the lessons of our recent disappointments," continued Jacobs. "We know that we can change hearts and minds through real conversations with our friends, family, co-workers and neighbors. This takes time and has to be built to scale -- so we can't delay. When we go back to the ballot, we must be strong, clear and embracing."

[Read the article or read more articles from Courage Campaign.]

D.C. Council votes to legalize same-sex marriage Tuesday, 12/01/09
Washington Post

The council will have to take a second vote in two weeks before the bill goes to Mayor Adrian M. Fenty (D), who has pledged to sign it.

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