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News Archive: January 2010

American Foundation for Equal Rights' Prop 8 Trial Summary Saturday, 01/30/10
LGBT POV

Documents and videos presented by the Olson and Boies team also revealed that the Prop. 8 campaign paid for broadcasts that sought to link marriage equality to incest, polygamy, bestiality, and pedophilia to justify the restriction of people's civil rights. This clearly points to the discriminatory motivations and unconstitutionality of the initiative.

Olson and Boies also presented to the court the depositions of the four expert witnesses that the defendant-intervenors dropped from their witness list. The defendant-intervenors cut their witness list from six to two after those experts made several statements damaging to Prop. 8 and in support of the plaintiffs' case during their depositions. Go to: http://www.equalrightsfoundation.org/press-releases/defendant-experts-undercut-prop-8/.

The defendant-intervenors' own experts stated under oath in their depositions that:

• Equal marriage would increase family stability and improve the lives of children

• Sexual orientation is not something that can be readily changed

• Gay men and lesbians have faced a long history of discrimination including violence - discrimination that continues today and that includes Prop. 8

• There is broad scientific and professional consensus in favor of equal marriage

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


Did Andy Pugno Break State Law In Support Of Marriage Ban? Friday, 01/29/10
Prop 8 Trial Tracker

The Courage Campaign's Rick Jacobs today filed a complaint with the California Fair Political Practices Commission today against Andy Pugno, one of the key figures behind the effort to ban same-sex marriage in California.

The complaint, which is included below as a Scribd embed, alleges that Pugno misused public funds while on the staff of State Senator Pete Knight in the late 1990s to help the campaign to pass the so-called "Knight Initiative" - a California version of the Defense of Marriage Act banning same-sex marriage.

[Read the article or read more articles from Prop 8 Trial Tracker.]


Olson/Boies Prop 8 trial sponsors ask for donations Thursday, 01/28/10
LGBT POV

LGBT POV is among the many LGBT and MSM blogs that have been covering the federal challenge to Prop 8 (see here and here, for example). And with the decision by the US Supreme Court not to allow broadcasts of the trial outside the San Francisco federal courthouse, bloggers such as Courage Campaign's Rick Jacobs have been live-blogging the events.

But many of us also begged the American Foundation for Equal Rights - the group sponsoring the plaintiff's legal team lead by Ted Olson and David Boies, to please secure the expensive trial transcripts and post them on their website so everyone can see what's happening.

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


Prop. 8 witness thinks same-sex marriage undermines heterosexual marriage Thursday, 01/28/10
Sacramento Bee

Under cross-examination, Blankenhorn said he has not scientifically studied the impact of same-sex marriage on the institution of marriage in countries where it is now legal.

And he said that none of the work by scholars that he submitted to court has studied the impact either.

He also said he knew of no study showing that children raised by gay parents are worse off than children raised by their biological mothers and fathers.

[Read the article or read more articles from Sacramento Bee.]


Prop 8 Trial Coverage Day 11 and 12: Defendant's Last Witness Not Cooperative and Not Knowledgeable; Testimony Concludes Thursday, 01/28/10
Unite the Fight

The Prop 8 trial witness testimony ended today with defendant's last "expert" witness David Blankenhorn, the founder and president of the Institute for American Values, a conservative group committed to the "renewal of marriage."

On Tuesday plaintiff's attorney David Boies immediately went after his so-called expert status, almost disqualifying Blankenhorn from being a witness at all

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


Perry v. Schwarzenegger: day eleven summary Wednesday, 01/27/10
Box Turtle Bulletin

Miller admitted that some people voted for Proposition 8 based on stereotypes, but he could not say to what extent.

Then it got unpleasant for Miller. He has a new book that came out in 2009 in which he argues that initiatives that disadvantage minorities "can easily tap into an anti-minority sentiment". He even gave examples including initiatives directed towards restricting the rights of homosexuals. One of Miller's examples of initiatives that tapped into anti-minority sentiment and disadvantaged homosexuals was Proposition 22, the original ban on gay marriage that was overturned by the California Supreme Court.

Miller argued in his book that courts needed to strictly scrutinize initiatives and not be lenient because their role was to protect minorities from such initiatives. He had written in an article that "Once this majority puts its preference into the state constitution, the legislature and state courts can't take it out. Only federal courts are the remedy.".

A year later, Miller "no longer believes" his own book. In fact, he "did not believe all of it" when he wrote it. (Miller has just torpedoed his own career.)

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


Witness Assails Gay Marriages Wednesday, 01/27/10
Wall Street Journal

David Boies, a lawyer representing gay couples, began questioning Mr. Blankenhorn in a cross-examination that had the two men raising their voices at each other. They accomplished little as Mr. Boies pressed the witness to give succinct answers, which Mr. Blankenhorn often refused to do. Their bickering prompted the judge to end the trial for the day. He asked lawyers from both sides to finish presenting evidence Wednesday morning.

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


Prop 8 afternoon update: Witness says gays face job bias Tuesday, 01/26/10
365Gay

Lawyers for two same-sex couples suing to overturn the voter-approved ban known as Proposition 8 are trying to prove that deep-seated prejudice motivated the measure.

Plaintiffs' attorney David Boies asked Miller, "You do agree there are some gays and lesbians who are fired from their jobs, refused jobs and paid less because of their sexual orientation?"

"I have no reason to disagree with that. I expect that's the case," Miller replied.

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


Minter's Take on the Prop. 8 Trial Tuesday, 01/26/10
Advocate

One of the defendants' strategies is to divert attention from the real issues in the case by casting themselves, incredibly, as the victims of alleged persecution. Prop. 8 targeted gay people in order to strip them of a fundamental right. And yet the defendants have fixated on alleged incidents of harassment of Prop. 8 supporters during the campaign. In fact, they have even gone so far as to suggest that Prop. 8 passed in part because voters reacted negatively to alleged "violence" by Prop. 8 opponents. Given the damage inflicted on LGBT people by antigay stereotypes and bigotry, it is shameful that the defendants would engage in such obvious appeals to that very bigotry, but of course, such a strategy is on par with everything they have done throughout and since the campaign. While we are optimistic that the ninth circuit will reject such claims for the bogus antigay baiting they are, the public may in fact adopt this narrative as accurate, which would be dangerous and distressing.

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


Update On Prop 8 Trial, Day 10: The Mighty Political Clout Of The Gays Tuesday, 01/26/10
San Francisco Appeal

Under cross-examination from plaintiffs' attorney David Boies, Miller admitted that some of the materials he relied on in his testimony were supplied by lawyers for Proposition 8 rather than his own research.

Miller also agreed that the military's "Don't Ask, Don't Tell" policy discriminates against homosexuals and that no other minority group in the nation is dismissed from the armed services on the basis of its status.

The Proposition 8 sponsors are seeking to use Miller's testimony to counter an opposing view presented by Stanford University political science professor Gary Segura on behalf of the plaintiffs last week.

Segura testified that gays and lesbians lack "a meaningful degree" of political power.

He said that gays and lesbians have been targeted nationwide in ballot initiatives, including Proposition 8, more than any other group and have lost 70 percent of more than 150 ballot measures presented to voters throughout the country since the 1970s.

"Initiatives have been used to roll back gains by gays and lesbians over and over again," Segura said last week.

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


Prop 8 Backers Voiced Fear Of Polygamy, Bestiality Monday, 01/25/10
AP

It appeared the lawyers were introducing the material to demonstrate the campaign for the ban appealed to religious-based, anti-gay bias to scare voters into supporting the measure.

The trial, being held in San Francisco, is the first in a federal court to examine if states violate the U.S. Constitution by preventing same-sex couples from marrying.

Proposition 8 sponsors objected to the video, saying the content of the simulcast was not controlled by campaign managers or leaders.

However, Chief U.S. Judge Vaughn Walker allowed the material to be put into the record because the coalition of religious and conservative groups behind Proposition 8 paid for Garlow's work.

In the six-minutes of video shown for Walker, various people opined on the negative consequences of legalizing gay marriage. One unidentified speaker compared the potential social impact of "this social reengineering of marriage" to the way the 9/11 terrorist attacks made the world "a fundamentally different place."

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


Mid-day report: Day 10 Prop 8 trial Monday, 01/25/10
Keen News Service

A significant dispute broke out today in court over whether Yes on 8 campaign manager Frank Shubert can be called to the witness stand by the legal team defending the constitutionality of California's same-sex marriage ban.

Plaintiffs, the legal team challenging Proposition 8, had sought, during deposition, to elicit testimony from Shubert--who was also instrumental in putting together both the Yes on 8 campaign and the campaign to repeal of Maine's marriage equality law. But during that deposition, defense attorneys repeatedly instructed Shubert not to respond.

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


Moviegoers applaud Prop. 8 film critical of LDS Church Monday, 01/25/10
Salt Lake Tribune

It may be the friendliest audience Reed Cowan will get in Utah.

Cowan received two sustained standing ovations Sunday for his documentary "8: The Mormon Proposition," which harshly criticizes The Church of Jesus Christ of Latter-day Saints for its campaigning for California's ban on same-sex marriage, from the 600-strong audience attending the film's world premiere at the 2010 Sundance Film Festival.

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


Perry v. Schwarzenegger: day nine summary Saturday, 01/23/10
Box Turtle Bulletin

On stand today is Dr. Greg Herek, a leading authority on the psychology of sexual orientation. Herek will discuss three opinions:

* Nature of sexual orientation and how it is understood in sociology and psychology
* The immutability of sexual orientation
* Stigma and prejudice against gays and lesbians and how that intersects with Proposition 8

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


A Chinese Tale: Faith, Tradition, Confucius and Same-Sex Marriage Saturday, 01/23/10
NY Times

The Bay Area's Chinese Christians are overwhelmingly evangelical, especially in the South Bay, although there is smattering of main-line Protestants and Catholics as well in San Francisco. Evangelical Chinese Christians were one of the region's most vocal and well-organized groups supporting Proposition 8, the ballot measure banning same-sex marriage, which voters approved in 2008.

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


Covering History: A Q&A with The Recorder's Prop 8 Courtroom Reporter Saturday, 01/23/10
Law.com

I felt like [the Tam examination] was the first instance that we really saw him display why he's David Boies. He had done a direct before, but hadn't been up there that much. That goes for the other name principals [also]. Since the first day, the associates and junior partners have so far been carrying the bulk of the work. Boies was very strong. Many times we saw him lull the witness into acknowledging certain facts, then use those facts against him. He was effective at laying traps and capitalizing on them.

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


VIDEO: Prop 8 Trial Reenactment Preview Posted Friday, 01/22/10
Unite the Fight

Last week, I posted on filmmaker John Ireland's project to produce reenactments of the Prop 8 trial. Today, he and fellow filmmaker John Ainsworth have posted a trailer.

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


Gays lack clout, Prop. 8 trial witness says Thursday, 01/21/10
SF Gate

A political scientist testifying on behalf of supporters of same-sex marriage said Wednesday that gays and lesbians have little political power and can't count on most of their friends in high places, including President Obama.

At a federal court trial in San Francisco on the constitutionality of Proposition 8, Stanford University Professor Gary Segura cited ballot measures, state and federal laws, hate crime statistics and opinion polls as evidence that gays and lesbians, like racial minorities, need judicial protection from discrimination.

"Gays and lesbians do not possess a meaningful degree of political power. They are not able to protect their essential interests," said Segura, who heads the university's Chicano studies program and co-directs its Center on American Democracy.

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


Prop. 8 challengers highlight religion's role in campaign Thursday, 01/21/10
LA Times

Challengers of California's ban on same-sex marriage tried to show Wednesday that religion has promoted discrimination against gays.

Lawyers trying to overturn Proposition 8 presented testimony of a gay man who said his evangelical parents forced him into Christian therapy to change his sexuality, and the legal team later produced documents that showed close ties between leaders of the Catholic and Mormon churches and the Proposition 8 campaign.

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


Prop 8 trial transcripts to be posted online Wednesday, 01/20/10
LGBT POV

Available immediately are the transcripts from all past days of trial. Yesterdays transcript is still forthcoming.

Please note that while we hope to post these transcripts daily, their availability is subject to change.

Please note these transcripts may be read, linked to and quoted from, but not reposted or sold in any way.

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


Prop 8 trial judge has history with gay rights activists Wednesday, 01/20/10
365Gay

The appointment of Chief U.S. District Judge Vaughn Richard Walker to the bench was held up for two years during the late 1980s in part because he had angered gay rights activists.

Now, he is presiding over the most important gay civil rights case in a generation.

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


Perry v. Schwarzenegger: day six summary Wednesday, 01/20/10
Box Turtle Bulletin

We now find out why Professor Douglas Allen withdrew as a witness. It appears that he was to tell the court that since marriage equality came to the Netherlands that the total number of marriage decreased. However, he also noted that it was part of a greater trend rather than an effect of marriage equality. Badgett used Allen's testimony to argue that comparison to Massachusetts is more reasonable than comparison to a foreign nation.

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


Perry v. Schwarzenegger to be reenacted on YouTube Tuesday, 01/19/10
Box Turtle Bulletin

After the Supreme Court blocked video broadcast of the federal trial to decide the constitutionality of a gay marriage ban last Wednesday, freelance journalist and filmmaker John Ireland decided he'd produce his own version and post it on YouTube.

"People want to see this drama unfold and there is a tremendous narrative that was propelled by that first day of testimony," Ireland told On Top Magazine on Sunday. "This is the first time that gay and lesbian people have talked about their lives in federal court. It's historic from that point of view."

Ireland said he's basing his storytelling on the accounts of bloggers present at the trial that started last Monday in a San Francisco courtroom.

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


Dueling portraits of Prop. 8 backers at trial Monday, 01/18/10
SF Gate

While Prop. 8's sponsors strive for a benign image of their supporters as parents and family members motivated by their faith and concern for their children, their opponents are trying to paint a more sinister picture of fearmongers appealing to prejudice.

Their prime example has been William Tam, a San Francisco chemical engineer who was one of five official proponents of the ballot measure.

Tam, who heads the Traditional Family Coalition, sent a letter to churchgoing supporters in the Asian American community during the campaign warning that "other states would fall into Satan's hands" if Prop. 8 lost.

San Francisco's government, "under the rule of homosexuals," would legalize sex with children and prostitution, and "more children would become homosexual," Tam wrote.

At a deposition that was videotaped and played in court, Tam said he was concerned that every child would "grow up thinking whether he would marry John or Jane" if same-sex marriage were legalized. His own daughter, he said, told him "her classmates chose to become lesbians and experiment with it" after hearing about same-sex marriage.

It was just the sort of disclosure the plaintiffs were looking for as evidence that the Prop. 8 campaign was designed to appeal to anti-gay stereotypes. They plan to call Tam as a witness this week.

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


Preview: San Diego Mayor Sanders Testifies Tuesday in Prop 8 Trial Sunday, 01/17/10
FireDogLake

Mayor Sanders will testify Tuesday for the Plaintiffs.

This personal testimony about not being able to deny rights to those you know and love might resonate with SCOTUS Associate Justice Anthony Kennedy in the Lawrence case. Did some SCOTUS clerks of Justice Kennedy approach him when Lawrence was being heard? Did they, previously closeted, come out to him and personally testify to him about the pain they felt that their lovemaking was illegal?

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


First week of Proposition 8 trial ends with defense challenging witnesses Saturday, 01/16/10
Mercury News

The trial resumes Tuesday with a lineup of witnesses likely to include controversial Proposition 8 proponent William Tam and San Diego Mayor Jerry Sanders, a Republican former police chief who switched positions and came out in favor of same-sex marriage. The plaintiffs say they will rest their case Wednesday.

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


The Road to Perjury Saturday, 01/16/10
Prop 8 Trial Tracker

If Boies and team is able to show what he claims, that their testimony was without basis, the experts have opened themselves to charges of perjury. Removing the possibility that the defense team knew about the baselessness of the depositions, because such a circumstance would be an egregious violation of professional responsibility, this also has huge implications for the case. If the defense experts admitted that there is no basis to say there is harm to straight marriages, that point becomes a big longshot to recover for the defense.

These two experts and the story surrounding their disappearance should be closely watched as we head into the second week.

[Read the article or read more articles from Prop 8 Trial Tracker.]


Prop 8 Trial -- Day 4: Gay Weddings Help the Economy and Discrimination Is Unhealthy Friday, 01/15/10
The Stranger

A San Francisco economist testified today that same-sex weddings would generate more than $35 million in annual spending in San Francisco and produce millions of dollars in additional tax revenue.

Edmund Egan, chief economist for the city and county of San Francisco, said he based his short-term projections on the revenue generated by more than 5,000 same-sex weddings in San Francisco during the five months in 2008 when gay marriage was legal.

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


Psychologist testifies on 'remarkable similarities' of gay and straight couples Thursday, 01/14/10
LA Times

Reporting from San Francisco - A federal trial on same-sex marriage focused Wednesday on the similarities and differences between homosexual and heterosexual couples, with a psychology professor citing "remarkable similarities."

Letitia Peplau, an expert on couple relationships, testified that studies have found that the quality of heterosexual and homosexual relationships was on average "the same" as measured by closeness, love and stability.

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


Blankenhorn: A Brief Summary Thursday, 01/14/10
Box Turtle Bulletin

It appears that David Blankenhorn will be the primary witness for the defense of Proposition 8. ProtectMarriage.com's attorney, Chuck Cooper, has said that Blankenhorn will

* show that the preponderance of historical and social leaders agree that this the naturally procreation sexual act that is protected, that it's pro-child
* show that if gay marriage is legal, it will lead to higher divorce rates and lower rates of marriage

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


Perry v. Schwarzenegger: day three synopsis Thursday, 01/14/10
Box Turtle Bulletin

The Defense's cross-examination of History Professor George Chauncey continued. Prop 8's David Thompson sought to get Chauncey to agree that gay people are not really subject to discrimination. This is an attempt to battle Olson/Boies' goal of establishing sexual orientation as a subject class and thus more highly protected from discrimination.

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


American Foundation for Equal Rights responds to ban on cameras Wednesday, 01/13/10
LGBT POV

Before today's midday recess, powerful evidence was introduced that exposed the discriminatory motivations of Proposition 8, as demonstrated by campaign communications and statements by William Tam, an Official Proponent of the initiative. Video of Tam's deposition, which was taken on Dec. 1, 2009, was shown in court today.

Question: "And it is your understanding that part of the gay agenda is legalizing underage sex?"

Answer: "Right." (Page 43 of deposition)

On Monday and Tuesday, the court viewed Yes on Prop. 8 ads urging voters to "protect our children." Now it's apparent that this message was working in concert with the type of discriminatory communications we heard today from an Official Proponent of Prop. 8. This is powerful evidence.

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


Supreme Court says 'no' to cameras at California trial on gay marriage Wednesday, 01/13/10
LA Times

In federal court Wednesday, evidence in the case targeted a proponent of Proposition 8 who warned voters in a letter during the 2008 campaign that gay rights activists would try to legalize sex with children if same-sex couples had the right to wed.

San Francisco resident Hak-Shing William Tam, a defendant in the lawsuit, discussed the letter sent to Chinese-Americans church groups during a legal deposition taped last month.

"On their agenda list is: legalize having sex with children," states the letter, which also cautioned that "other states would fall into Satan's hands" if gays weren't stopped from marrying in California.

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


Wrapping Up Day 2 Tuesday, 01/12/10
Prop 8 Trial Tracker

The pattern looks pretty clear. Our side is saying that gays and lesbians have been harmed for a really long time, that there has been institutional discrimination, that they are a suspect class (meaning they should be covered by the equal protection clause). Our side is also showing that marriage will be strengthened by permitting loving same-sex couples access it, that society will be more stable with same-sex marriage and that there is no harm done at all by opening marriage to same-sex couples.

The Prop. 8 side wants to show that marriage has always (in the US) been a Christian institution between a man and a woman, that heterosexual marriage is really good for kids and that in fact homosexual marriage will "hurt" kids and will degrade the institution. Ultimately, they are trying to show that it will lead to less stability as people abandon the institution of marriage.

They are having a hard time with that because so far the evidence shows that by seeking access to marriage, groups previously excluded, such as slaves, interracial couples, certain classes of "foreigners" and in some cases women, have actually strengthened the institution by obtaining access.

There's another theme here which is about tradition. Remember the Fiddler on the Roof song? The Prop. 8 side appeals to their concept of tradition. The only problem is that their idea of tradition either never existed or only existed when women and people of color had fewer rights than white men.

[Read the article or read more articles from Prop 8 Trial Tracker.]


Ted Olsen's opening statement. Tuesday, 01/12/10
Bus Your Own Tray

Regardless of how the district court rules, the result will be appealed to the Ninth Circuit. They will likely overturn Prop 8, because that's what they're like. Then it goes to the Supreme Court, and that's when things get interesting, because John Roberts is likely the one swing vote.

[Read the article or read more articles from Bus Your Own Tray.]


Calif couples tell of gay marriage ban's toll Monday, 01/11/10
SF Gate

Two same-sex couples gave intimate accounts of their private and public lives Monday during the opening day of a highly anticipated federal trial to decide the constitutionality of state bans on gay marriage, at times tearfully testifying about moments of awkwardness, disappointment and shame that they said resulted from their inability to legally wed.

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


Authors Discuss Genesis of Marriage Equality Book Monday, 01/11/10
Fog City Journal

Co-authors Geoffrey King and Sunny Angulo held a release party last week for their new book, Such a Bitter Sweet Day: Marriage Equality in the Wake of Prop 8. The book, which includes a foreward by San Francisco City Attorney Dennis Herrera, chronicles the Marriage Equality movement and the various impacts of Proposition 8, a controversial ballot measure passed by California voters in 2008 overturning a California Supreme Court ruling granting same-sex couples the right to marry.

"Such a Bittersweet Day includes the stories of a diverse cast of queer activists, working people, politicos, women, people of faith, transgendered leaders and families who tell their own powerful and unique stories in their own words, as well as images that capture the struggle for equality across California and in the nation's capitol," a synopsis of the book reads.

[Read the article or read more articles from Fog City Journal.]


Olson/Boies have until noon Sunday (EDT) to reply to Prop 8 plea to US Supreme Court Saturday, 01/09/10
LGBT POV

As we noted earlier, citing the report by Variety's Ted Johnson, the Prop 8 proponents filed a motion with the US Supreme Court to ban the camera in the federal Prop 8 trial set to start on Monday.

Johnson wrote that the Prop 8 proponents asked Justice Anthony Kennedy for a stay to the proceedings while they petition the Supreme Court about allowing in the camera and posting the video on YouTube.

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


The Conservative Case for Gay Marriage Saturday, 01/09/10
Newsweek

Many of my fellow conservatives have an almost knee-jerk hostility toward gay marriage. This does not make sense, because same-sex unions promote the values conservatives prize. Marriage is one of the basic building blocks of our neighborhoods and our nation. At its best, it is a stable bond between two individuals who work to create a loving household and a social and economic partnership. We encourage couples to marry because the commitments they make to one another provide benefits not only to themselves but also to their families and communities. Marriage requires thinking beyond one's own needs. It transforms two individuals into a union based on shared aspirations, and in doing so establishes a formal investment in the well-being of society. The fact that individuals who happen to be gay want to share in this vital social institution is evidence that conservative ideals enjoy widespread acceptance. Conservatives should celebrate this, rather than lament it.

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


A Risky Proposal: Is it too soon to petition the Supreme Court on gay marriage? Saturday, 01/09/10
The New Yorker

On January 11th, a remarkable legal case opens in a San Francisco courtroom--on its way, it seems almost certain, to the Supreme Court. Perry v. Schwarzenegger challenges the constitutionality of Proposition 8, the California referendum that, in November, 2008, overturned a state Supreme Court decision allowing same-sex couples to marry. Its lead lawyers are unlikely allies: Theodore B. Olson, the former solicitor general under President George W. Bush, and a prominent conservative; and David Boies, the Democratic trial lawyer who was his opposing counsel in Bush v. Gore. The two are mounting an ambitious case that pointedly circumvents the incremental, narrowly crafted legal gambits and the careful state-by-state strategy that leading gay-rights organizations have championed in the fight for marriage equality. The Olson-Boies team hopes for a ruling that will transform the legal and social landscape nationwide, something on the order of Brown v. Board of Education, in 1954, or Loving v. Virginia, the landmark 1967 Supreme Court ruling that invalidated laws prohibiting interracial marriage.

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


Prop 8's Tam wants to withdraw from federal Prop 8 trial Saturday, 01/09/10
LGBT POV

The timing is very interesting, coinciding as it does with the Prop 8 proponents asking both Judge Walker and the 9th Circuit to delay the trial show they can show evidence that their witnesses fear for their lives if their faces are broadcast.

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


On marriage rite, gays refocus on just unions Friday, 01/08/10
USA Today

This year, she says, a campaign for legal rights will focus on couples in the middle of the country, where Colorado, Nevada and Wisconsin last year approved domestic partnerships -- legally recognized unions between unmarried couples, homosexual or heterosexual.

Domestic partnerships are defined by each state but generally convey such rights as health benefits and the right to visit a sick partner in the hospital. They do not apply to federal benefits or tax status.

Wolfson says advocates of gay marriage will spend time this year building community-level support rather than pushing legislation.

[Read the article or read more articles from USA Today.]


Why the Prop. 8 Trial is So Important Friday, 01/08/10
Independent Gay Forum

In the context of the equal protection clause in particular, this will be, by definition, anti-majoritarian. Courts must, as part of their job description, sometimes be asked to decide whether the majority is giving itself legal advantages that it is denying to a minority. Sometimes that can be justified, sometimes not. It all depends on the evidence and the reasons offered. If the court's reasoning is faulty, we'll have it before us to criticize, and possibly correct at a higher court, or over time as we refine our thinking. And as a public document, anyone is free to offer their insights about how the court reached its decision.

That is what we will all be able to do with this public trial - follow the testimony and evidence and argument for ourselves, and when the judge makes his decision, agree or disagree. Rhetoric is not enough, nor are television and radio ads, nor insinuations. The political tools that have served the anti-marriage side so well now need to be supplemented with real, assessable reasons.

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


NY group uses guerrilla tactics against anti-marriage legislators Friday, 01/08/10
Edge

The Monserrate party-crashing was the first in a planned series of acts of civil disobedience the group plans, according to Bounville. In a Jan. 4 phone interview with EDGE, he wouldn't divulge details on targets, dates or locations, but the group is now called Queer Rising. Bounville said its mission is "demanding queer rights through direct action."

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


High-Stakes Gay Marriage Trial to Begin in Calif. Friday, 01/08/10
NY Times

''This could be our Brown vs. Board of Education,'' said former Clinton White House adviser Richard Socarides, referring to the 1954 Supreme Court decision that outlawed racial segregation in schools and other public facilities. ''Certainly the plaintiffs will tell you they are hoping for a broad ruling that says that any law that treats someone differently because of sexual orientation violates the U.S. Constitution.''

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


Pro-gay provisions may be stripped from health bill Friday, 01/08/10
365Gay

According to The Hill, a newspaper that serves Capitol Hill readers, leaders of the House and Senate decided Tuesday evening to stick with the Senate version of the health care reform bill -the one without any pro-gay provisions--rather than go through a conference committee negotiation to merge the two versions. The paper said the decision was made on Tuesday night in a meeting that included only President Barack Obama, Vice President Joe Biden, House Speaker Nancy Pelosi, and Senate Majority Leader Harry Reid.

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


The moral and constitutional case for a right to gay marriage Friday, 01/08/10
New York Daily News

Thomas Jefferson set the stage in the Declaration of Independence: "[T]o secure these Rights, Governments are instituted among Men." The primary purpose of government is to safeguard individual rights and prevent some persons from harming others. Heterosexuals should not be treated preferentially when the state carries out that role. And no one is harmed by the union of two consenting gay people.

[Read the article or read more articles from New York Daily News.]


Did Prop 8 Pass Because of Voter Fraud? There Might Not Be Another Statistical Explanation For It Thursday, 01/07/10
Queerty

The interpretation that the disparity between the exit poll data and the official results for Proposition 8 is due to a corrupted vote count is bolstered by the fact that the official results for Proposition 4 are so easily explained by data from the very same exit poll - the same voters, the same day. The official results for Proposition 8 may very well be fraudulent.

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


Judge approves delayed YouTube video of trial in Prop. 8 challenge Wednesday, 01/06/10
Mercury News

Walker rejected the arguments of Proposition 8's defenders, who opposed any broadcast of the proceedings outside the San Francisco federal building. It was not clear from Walker's remarks how long the delay would be for the video to be posted on the Internet.

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


Breaking: Judge Approves "Televising" Prop 8 Trial (Updated) Wednesday, 01/06/10
National Lesbian & Gay Journalists Association

A federal judge in San Francisco has approved the televising of the Prop 8 trial, set to begin on Monday. While there will be no live broadcast by outside media, the trial will be recorded by the court and then made available on YouTube.

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


NJ Senate Schedules Vote on Gay Marriage Wednesday, 01/06/10
NY Times

New Jersey's state Senate is set to vote on whether to legalize gay marriage.

Sen. President Richard Codey has scheduled the vote for Thursday. Codey said Tuesday that the people of New Jersey ''deserve the right to a formal debate on the Senate floor.''

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


Urgent: Sign the letter telling Judge Vaughn Walker to televise the Prop 8 trial Tuesday, 01/05/10
Courage Campaign

This is your one chance to urge Judge Walker to do the right thing in the name of equality, transparency and accountability.

Join the Courage Campaign Institute and CREDO Action and sign this letter to Judge Walker. Optional: Please add your own personal comments. We will personally hand-deliver your comments. DEADLINE: Friday 9 AM.

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


EXTREMELY URGENT: Should Prop 8 Trial Be Televised? Tuesday, 01/05/10
Daily Kos

This whole episode raises the question of what the Prop 8 supporters have to hide. They haven't been shy about their vocal support for denying equality in the past. Few have faced intimidation and harassment for it.

It's more likely that their true motivation is to prevent the American people from hearing the powerful and compelling case that Boies and Olson are going to make in that courtroom. Both lawyers are expert litigants, and are pursuing a sensible Supreme Court strategy designed to swing Anthony Kennedy to join Stevens, Ginsberg, Breyer and Sotomayor to uphold the 14th Amendment and overturn Prop 8. Kennedy has made rulings favorable to LGBT rights in the past, including Lawrence v. Texas in 2003 which decriminalized sodomy.

Dobson, Prentice and the backers of Prop 8 want to hide that compelling argument from the public. They also want to hide their own anti-equality arguments from public view. In March 2009 they had Kenneth Starr argue in the California Supreme Court that voters can pass whatever they like at the ballot box, a view I label the Starr Doctrine. Such a radical idea won the day in the California Supreme Court, disappointingly enough. But in federal court, the Prop 8 backers seem to want to hide that argument from the American people.

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


Anatomy of a Complaint Monday, 01/04/10
California Lawyer

The dozens of individuals interviewed for this story share a belief that Prop. 8 is discriminatory, that it violates the U.S. Constitution, and that same-sex couples should have the right to wed. They have publicly united in support of the federal suit. But after some tense weeks of discord, they remain divided about the suit's wisdom and timing.

[Read the article or read more articles from California Lawyer.]


 

 

 

 

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