Prop 8 News from Stop8.org: March 2010

Startling Poll Shows Public Flip on Gays & Marriage: This Week in Prop 8 for 3/28 Sunday, 03/28/10
Stop8.org

Stakes were raised this week when Judge Walker ruled that EQCA and the ACLU will have to release a ton of confidential data. EQCA and the ACLU, predictably, were not amused: they're trying to get the judge's opinion overturned. What could be in those documents that the organizations don't want anyone to see? It could be super-juicy, or it could just be procedural and dull. This extra legal wrangling will push back the ruling on this phase of the trial, so we're have to wait even longer to get Walker's final ruling about the constitutionality of Prop 8.

The legal drama is enough to put us to sleep -- but a new poll this week woke us right back up. According to the Public Policy Institute, 49% of Californians favor equal marriage, with 45% opposed. It's the first time we've held a majority, and it's a big big jump over the last poll. What's the cause? Nobody's sure. But the poll also reveals the same obstacles that came up with Prop 8: the central valley, Latinos, and Republicans are the biggest obstacle to equality and need the most outreach.

[Read the article or read more articles from Stop8.org.]

CA poll shows 50% support for same-sex marriage Thursday, 03/25/10
Bay Area Reporter

The creep toward majority support of same-sex marriage in California continues, as a new statewide poll has found that 50 percent of residents of the Golden State now support marriage equality.

According to the Public Policy Institute of California, a majority of the state's residents are more likely to support same-sex marriage than to oppose it, with those against marriage equality at 45 percent. It is the first time a PPIC poll has found more than 45 percent support for same-sex marriage since it began asking about marriage equality in 2000.

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

Kors: Yes on 8 Campaign's Fishing Expedition: Why We Must Stand Against their Hatred Wednesday, 03/24/10
Pam's House Blend

It's happening again: ProtectMarriage.com and the Yes on 8 campaign are once again harassing organizations that are working to expand the rights of lesbian, gay, bisexual and transgender people. In the federal case against Proposition 8, they are requesting tens of thousands of unrelated documents from three organizations that were involved in the No on 8 campaign - Equality California, the Northern California American Civil Liberties Union and Californians Against Eliminating Basic Rights, the organization through which celebrities such as Brad Pitt and Steven Spielberg gave to the campaign.

We have been fighting against this request, and we will continue to do so. We are planning to file an appeal. We have to stand up to the opposition's attempts to harass us and pull us away from our mission.

[Read the article or read more articles from Pam's House Blend.]

ACLU Will Appeal Order In Prop 8 Campaign Doc Challenge Tuesday, 03/23/10
SFist

It might make sense to force people to turn over emails to prove a violation of the constitution. But no one is claiming--or could claim--that what the No on 8 committees said or did violated the constitution. We believe the court is wrong on the law and intend to appeal the matter to the federal appeals court

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

Opponents of gay marriage ban must release memos Tuesday, 03/23/10
Washington Post

The American Civil Liberties Union and Equality California, two of the groups that must turn over the campaign materials, said Monday they are reviewing Walker's order to determine whether to appeal it.

The ACLU and Equality California, the state's largest gay rights group, had argued that the campaign documents being sought were irrelevant to the Proposition 8 lawsuit. They also claimed it was unfair to make them bear the expense of sifting through tens of thousands of old e-mails.

"We do believe this decision is incorrrect," said Geoffrey Kors, Equality California's executive director. "A core issue in the case is whether the motivation of those who put Prop. 8 on the ballot is animus (dislike for gays). Why people opposed Prop. 8 is not relevant."

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

Trial in Same-Sex Marriage Case Is Challenged Tuesday, 03/23/10
NY Times

The trial took place in January, but Judge Walker has not yet scheduled closing arguments. In the meantime, the defendants and their allies are calling the legitimacy of the proceedings into question.

"The plaintiffs put on a spectacular show-trial of irrelevant evidence," Andrew P. Pugno, the general counsel of Protectmarriage.com, the leading sponsor of Proposition 8, said in a blog post.

Theodore B. Olson, who was solicitor general for President George W. Bush and now represents the plaintiffs challenging the ban, said he had a theory about the new objections.

"They've got to complain about something," Mr. Olson said. "They think they're going to lose."

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

Breaking: Judge Walker Rules EQCA and ACLU Must Turn Over Documents in Federal Prop 8 Trial Tuesday, 03/23/10
LGBT POV

In a 24-page ruling issued Monday afternoon, Judge Vaughn Walker denied motions by the ACLU and Equality California to overrule an order to turn No on Prop 8 campaign documents to Prop 8 proponents in the federal Prop 8 trial.

As LGBT POV previously reported, on March 5, U.S. Magistrate Joseph Spero ordered Equality California, Californians Against Eliminating Basic Rights, an ACLU campaign committee and the No on Prop 8 umbrella campaign to produce all documents "that contain, refer or relate to arguments for or against Proposition 8″ - though they may withhold private communications between their Core Group.

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

Protest planned for San Diego leg of Mitt Romney's book tour Sunday, 03/21/10
Chino Blanco

WHAT: Demonstration at Mitt Romney's Book Signing

WHEN: Monday, March 22nd at 6:00 pm

WHERE: Deseret Bookstore (meet at S.E. Corner of Nobel Dr. and Villa La Jolla Dr.)

[Read the article or read more articles from Chino Blanco.]

Lewis v. Harris II: Lambda Legal files motion in New Jersey Supreme Court to uphold marriage equality under state constitution Thursday, 03/18/10
Prop 8 Legal Commentary

Lambda Legal represents six same-sex couples in today's motion. The couples have asked the Court to declare that the Civil Union Act violates the state constitution's guarantee of full equality to same-sex couples, and to direct the state to allow them to marry.

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

Founder of group seeking to elect conservative judges dies of heart attack Thursday, 03/18/10
Capitol Weekly

Pastor Don Hamer, the founder of a new Chula Vista-based group that is working to elect conservative judges in local elections, died of a heart attack on Wednesday morning, Hamer was pastor of the Zion Christian Fellowship in San Diego and was a leading voice locally for Proposition 8, the initiative passed by voters in 2008 which ended same-sex marriages in California.

In December, Hamer founded a group called BetterCourtsNow.com. Its stated goal is to target local judicial elections and elect judges who oppose abortion and same-sex marriage. The group's website includes video testimonials by Hamer and 20 different supporters.

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

California candidate for governor aims to reduce abortions, thinks Prop. 8 'settled' marriage Thursday, 03/18/10
Catholic News Agency

On the issue of same-sex marriage, Poizner voted in favor of Proposition 8 and "believes strongly in traditional marriage."

"On marriage the voters of California have spoken pretty resoundingly twice now in the last several years" Chen continued.

For Chen and "a lot of people," the marriage issue is "a settled question."

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

Fightin' Judges, Untimely Death, and iPhone Apps: This Week in Prop 8 for March 21, 2010 Sunday, 03/21/10
Stop8.org

Crazy week! First, there was a storm a-brewin' around normally-dull judicial elections that got much stormier when a pastor turned up dead. The background: Religious leaders who supported Prop 8 are organizing to throw equality-minded judges off the bench in June primaries. They're backed by the National Organization for Marriage -- itself under fire this week for questionably legal campaign practices, as always -- and have the backing of anti-gay legislators. (Didn't we learn a lesson about anti-gay politicians last week? Speaking of which, keep your eye on Steve Poizner, an anti-gay gubernatorial candidate who spoke out against gay families. He's currently married to a woman with whom he purports to have had a daughter.)

The Conservative Versus Judges Show is a pretty shrewd strategy: as the ACLU's Matt Coles pointed out, this is a battle that'll be won or lost in courts, so having sympathetic judges would be an advantage to either side. But an unexpected surprise could change everything: in the middle of the week, the guy leading the movement to boot pro-gay judges died of a heart attack! PLOT TWIST. It's unclear what happens now.

Elsewhere, the folks pushing the 2010 repeal of Prop 8 announced that voters can now sign the petition electronically from an iPhone. Neat! But word isn't really getting out: there's been almost no press attention, and the campaign doesn't have the money to advertise. And you thought the Prop 8 campaign had messaging problems.

And there was one more legal skirmish this week: the ACLU and EQCA went to court to argue that they shouldn't have to release confidential memos. Judge Walker seemed nonplussed by their arguments, annoyed that they pointed out that he was frequently overruled by other judges, and frustrated by the delay caused by the challenge. In fact, he eventually stormed out of the courtroom in the middle of the No-On-8 side's argument. NICE WORK GUYS. No word on when Walker will rule, and still no sign of when closing arguments might happen.

[Read the article or read more articles from Stop8.org.]

This Is Why We Need Cameras In The Prop 8 Courtroom: Judge Walker Walks Out Thursday, 03/18/10
Business Insider

It's never a good day in court when the judge heads to chambers while you are still arguing for your side. At least Bomse & Co. will not lose sleep wondering which way the judges' decision will go. Bomse is likely glad there were not cameras in the courtroom today. But we aren't.

[Read the article or read more articles from Business Insider.]

Walker's Got Little Patience Thursday, 03/18/10
Legal Pad

Beyond the discovery arguments themselves, I can imagine a few meta-motivations fueling Walker's irritation. First, there is the delay: Walker wants the trial over, like, yesterday, but these discovery issues may put off closing arguments for a while. What Walker regards as a frivolous appeal to Spero's order doesn't help.

Also, Walker has been trying to build a full record, the better to withstand appellate review. So kicking around the No side in an attempt to complete the evidence can't hurt his credibility with the nine wise men and women in Washington D.C. - at least any more than the camera fiasco (free reg. req.) already did.

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

He Was One of the gop's Top Dark-Arts Operators. Now He's Riding Into Battle to Save Gay Marriage -- and Unmask the Mormon Church. Wednesday, 03/17/10
Mother Jones

As a political professional, Karger--who for decades worked for one of California's premier campaign consulting firms, a shop that had helped invent modern opposition research--was grudgingly impressed with what the Mormons were doing. "They completely altered the landscape," he says. "They took over every aspect of the campaign." Karger estimates that Mormons ultimately contributed $30 million of the $42 million total raised in support of Prop 8, which passed easily in November 2008. (By contrast, anti-Prop 8 forces raised $64 million.)

But if the opponents of gay marriage won the battle, they also ensured themselves a big headache. In Karger, they galvanized an adversary who has now dug in to fight for the long haul--and who brings a dramatically different skill set than the rest of the marriage-equality movement. As Karger notes, most of the prominent gay-marriage advocates are, well, married people: risk averse and unschooled in the political dark arts. "I'm a different kind of gay activist," he says. "I'm a little wilder."

[Read the article or read more articles from Mother Jones.]

Liveblogging Prop 8 Trial Tuesday Morning 3/16 Wednesday, 03/17/10
FireDogLake

Judge Walker did not appear to be pleased to be reminded of the several times the Ninth Circuit has overruled his orders in this case, and said "Thank you" and left the bench.

Shortly thereafter, the Clerk announced that Court was in recess. Chatting with lawyers afterward, no one seems to think today's activity made a verdict appear any sooner, although there was some discussion that we could get one or two weeks advance notice of a date for closing arguments.

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

Evidence skirmish could delay end of Prop 8 trial Wednesday, 03/17/10
AP

Walker heard more than 90 minutes of arguments Tuesday and said he would issue a written ruling later.

Three groups that opposed Proposition 8 are challenging U.S. Magistrate Joseph Spero's order earlier this month requiring them to hand over all documents "that contain, refer or relate to arguments for or against Proposition 8," with the exception of private communications between their core leaders.

At Tuesday's hearing, lawyers for those groups contended the disputed e-mails and memos were irrelevant to the case, and it was unfair to make the groups sift through tens of thousands of documents because they were not officially part of the litigation.

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

Want marriage equality in 2010? There's an application for that Wednesday, 03/17/10
San Diego Gay and Lesbian News

Restore Equality 2010 is using digital signature gathering tools developed by Verafirma, a Silicon Valley technology company. The application allows California voters to sign the petition via an iPhone or iPod Touch, joining the hundreds of thousands of Californians who have already signed paper ballots.

[Read the article or read more articles from San Diego Gay and Lesbian News.]

Gay marriage foes attack Calif. GOP Senate hopeful Tuesday, 03/16/10
Mercury News

U.S. Senate candidate Tom Campbell's support of same-sex marriages came under attack Monday in a statewide television ad funded by a national group that promotes traditional marriage.

Like Democratic incumbent Barbara Boxer, Campbell opposed Proposition 8, the 2008 ballot initiative that banned gay marriage in California.

The 30-second commercials are funded by the National Organization for Marriage, which has been a leading opponent of legalizing same-sex marriages in California and other states.

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

At HRC Gala, Kathy Griffin Calls for DADT Protest in DC, de Rossi Now a Post-Prop 8 Activist Tuesday, 03/16/10
LGBT POV

Boxer is facing a difficult re-election in this year of antipathy towards incumbents - a campaign that may get harder if her opponent is gay-friend Republican Tom Campbell who has long supported marriage equality and publically opposed Prop 8. However, Campbell also opposes the current federal court case challenging the constitutionality of Prop 8 - he thinks the issue should not be decided in the courts. It is a position I would have loved to ask Boxer about - but she was unavailable to the press.

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

New National Organization for Marriage ad targets Campbell, Boxer over Prop 8 Monday, 03/15/10
Inside, Looking Out

In an obvious nod to U.S. Senate candidate Carly Fiorina, the National Organization for Marriage has released a new ad attacking her Republican opponent Tom Campbell and incumbent Democrat Barabara Boxer.

[Read the article or read more articles from Inside, Looking Out.]

The San Francisco Marriage Case, Part Two: The Supreme Court Monday, 03/15/10
Huffington Post

The political consequences of the case haven't gotten much attention, but they may be very important. Particularly if the plaintiffs win, but perhaps in any case, it is going to be very difficult to rally the LGBT community and its progressive allies to go back to the ballot in California while the case is still going on. People are not going to want to invest lots of time and money in an electoral battle that the courts may make irrelevant. And the case could be going on for some time. If Judge Walker does issue his decision sometime in the next few months, the earliest we'd likely see a decision from the Ninth Circuit would be the spring of 2012 (the Court could expedite the case, but that doesn't seem likely). A Supreme Court decision would likely come nine months to a year later.

But if the case is likely to put a damper on things in California, it ought to be a spur to action elsewhere. As I said above, history tells us that the more states that have marriage, the better the odds are at the Supreme Court. We're not going to get to 30 or 35 by 2012, but it would be good if we picked up a few more. Maybe more important, the more it seems like the country is ready for marriage, and it's just the political process that is jammed, the better our chances with the Court. So any significant progress helps, and the higher the profile the better. 2013 may seem like a long way off to the folks who brought the San Francisco marriage case and the folks who want to go back to the ballot in California. But in terms of making the kind of progress that might help us win at the Supreme Court, it's tomorrow.

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

This Week in Prop 8: Week Ending March 12 Friday, 03/12/10
Stop8.org

Things got a little crazy this week: first there was the deliciously salacious discovery about yet another closeted Republican -- at this point, we can basically just assume that all anti-gay politicians have a fabulous secret -- and then a court ruled that some but not all of the people and organizations that opposed Prop 8 have to make their internal documents public. To both of these, everyone responded "lol wut?" The court order was unexpected and a little hard to parse, but certain committees and individuals have to hand over their documents.

Why did this happen? Nobody's exactly sure. Some observers speculate that it's a political culture war skirmish. With the main part of the trial over and closing arguments approaching (though still without a firm date), it's hard to tell exactly what effect the order will have on the case. Either way, the parties subject to the ruling are NOT HAPPY and are moving to exempt themselves.

Olson and Boies, the lawyers leading the case against Prop 8, are relentlessly optimistic. They showed up on Bill Moyers and at a New York forum and at Towleroad expressing confidence in a win. This was the most media-friendly we've seen them since the start of the trial -- was the timing a coincidence, or an attempt to distract from the court order?

[Read the article or read more articles from Stop8.org.]

This Week in Prop 8: Week Ending March 5 Friday, 03/05/10
Stop8.org

False alarm! Last week's noises about possibly broadcasting the closing arguments of the Prop 8 trial were effectivey squashed. Judges, it would seem, are just a really shy group of people.

But that hasn't stopped the trail from inching incrementally forward: this week, both sides filed paperwork that was basically a reiteration of the points that they made during the trial. No word yet on when those closing arguments will actually happen -- and it kind of doesn't matter, since it's just one tiny step in a case that will probably take years to conclude -- if the pesky voters don't undo Prop 8 first.

Speaking of overturning Prop 8 at the ballot box, brand new gay Assembly speaker John Perez set heads spinning this week when he declared the effort to repeal Prop 8 in 2010 dead on arrival. Ouch. To their credit, the 2010 folks are pressing forward, but it's looking ever more likely that they'll prove the consultants right by failing to meet the signature requirements.

On the other side of the country, the National Organization for Marriage steadfastly refuses to cooperate with a Maine commission investigating its funding sources. A lot of people are asking a lot of questions about where NOM gets its money, and NOM's response is basically that they don't have to tell. Which is a nice argument, but the Maine Commission on Governal Ethics & Election Practices is like, "except you do."

[Read the article or read more articles from Stop8.org.]

Prop 8 Backers Seek to Take Control Of California Courts Friday, 03/12/10
Right Wing Watch

Several Religious Right activists and California state legislators have unveiled a new effort to take control of the court system "across San Diego County and eventually America" via elections through a new organization called "Better Courts Now", arguing that Proposition 8 would not have even been necessary if the state had the proper judges.

[Read the article or read more articles from Right Wing Watch.]

Religious leaders helped secure marriage for gays and lesbians in D.C. Friday, 03/12/10
Edge

The Rev. Robert Hardies, senior minister of All Souls Unitarian Church, worked alongside the Revs. Dennis and Christine Wiley, married co-pastors of Covenant Baptist Church, to organize a multiracial and multi-denominational coalition of faith in support of marriage for same-sex couples. With more than 200 clergy members, the alliance held press conferences and religious services in support of nuptials for gays and lesbians. Members also turned out en masse to testify for the bill. Hardies told EDGE he decided to form the coalition after California voters overturned Proposition 8.

"Prop 8 told us two things: One that we hadn't done a good job organizing in religious communities-and two that there was a real divide between people of color and white folks," he said. "As a minister who pastors a multiracial congregation, both of those things broke my heart. I said to myself that night when this movement comes to D.C. we can't have it turn out the same way."

In light of Prop 8, Hardies organized outreach efforts to the African Americans in the District. He said their support was critical in the passage of the marriage bill, and he hopes surrounding states will follow the coalition's example.

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

Watch: Prop 8 Case Attorneys David Boies and Ted Olson Discuss Court Cameras, Gay Judge, SCOTUS Votes, and Equality Friday, 03/12/10
Towleroad

In the interview with Towleroad's political director Corey Johnson, Boies and Olson discuss where we go from here. They also address concerns from some in the community that the information that Judge Vaughn Walker is gay might have some effect on how the outcome of the trial is spun.

Is there a concern that if and when the case reaches the U.S. Supreme Court, the justices will feel that they are getting ahead of public opinion on the issue? What does the Supreme Court's decision about not allowing cameras in the courtroom mean for their ultimate decision in the Prop 8 trial? Will it all be up to swing-vote Justice Anthony Kennedy?

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

Prop 8 federal trial update: Court names 'Core Groups' excluded from document order Thursday, 03/11/10
LGBT POV

The court notes that Equality California Executive Director Geoff Kors argues that, because EQCA "is a nonparty and because it worked to oppose Proposition 8, its internal campaign communications are not relevant and production would be unduly burdensome. Doc #546 at 7- 10. The ACLU argues the documents proponents seek are irrelevant and privileged. Doc #543 at 11-18."

Kors' declaration to the court is here. Kors tells LGBT POV that, "We are still reviewing our options with counsel." UPDATE: KORS SAYS EQCA IS APPEALING SPERO'S RULING TO JUDGE WALKER.

The deadline to produce the documents is March 31. That might significantly delay closing arguments if the order is appealed - though the court of appeals and even the US Supreme Court hae issued their decisions very quickly in this case.

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

Prop 8 federal trial update: Court names 'Core Groups' excluded from document order Thursday, 03/11/10
LGBT POV

The court notes that Equality California Executive Director Geoff Kors argues that, because EQCA "is a nonparty and because it worked to oppose Proposition 8, its internal campaign communications are not relevant and production would be unduly burdensome. Doc #546 at 7- 10. The ACLU argues the documents proponents seek are irrelevant and privileged. Doc #543 at 11-18."

Kors' declaration to the court is here. Kors tells LGBT POV that, "We are still reviewing our options with counsel." UPDATE: KORS SAYS EQCA IS APPEALING SPERO'S RULING TO JUDGE WALKER.

The deadline to produce the documents is March 31. That might significantly delay closing arguments if the order is appealed - though the court of appeals and even the US Supreme Court hae issued their decisions very quickly in this case.

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

Boies, Olson Voice Prop 8 Optimism Thursday, 03/11/10
Gay City News

As the attorneys wait to return to Walker's courtroom to make final arguments -- later this month or in early April -- Boies said, "I feel very good" about the outcome at this first stage. Walker, he said, outlined the issues he wanted addressed at trial, and if those remain the questions uppermost in his mind, "we win."

The attorneys set out to prove three things, Boies explained -- that the right to marry is "fundamental"; that the discrimination same-sex couples suffer under Prop 8 hurts them and their children; and that there is no harm to different-sex couples from opening up marriage to gay and lesbian couples.

The "fundamental" question has been addressed affirmatively in numerous Supreme Court rulings -- not only the famous 1967 Loving decision that struck down miscegenation laws, but also in cases involving limitations on marriage rights for divorced partners found guilty of spousal abuse and for prison inmates.

The other side's experts, Boies said, acknowledged that gay couples and their children face harm from their exclusion from marriage and, when pressed pre-trial by Judge Walker to say how heterosexual married couples would be harmed by marriage equality, Charles Cooper, the attorney defending Prop 8, said, "I don't know, I don't know."

"I have yet to hear any powerful argument on the other side," Olson said, suggesting that Prop 8's defenders quite nearly defaulted in mounting any counter-case.

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

Judges get ready for 'big fight' against conservative challenge Thursday, 03/11/10
San Diego News Network

Pastor Chris Clark of East Clairemont Baptist Church was involved in the fight to keep the cross on Mt. Soledad and helped rally hundreds of religious leaders statewide for the Yes on Proposition 8 campaign.

He saw judicial activism in both cases and Proposition 8 "may have been the straw that broke the camel's back."

"It has just reached a head and something needs to be done," he said. "[The judiciary] is a branch of government that's just getting out of control."

It's why he decided to join 20 other members of the community, primarily politicians and Christian pastors and activists, to be in video endorsements for Bettercourtsnow.com and support a slate of candidates to challenge local incumbent Superior Court judges in the upcoming June 8 primaries.

[Read the article or read more articles from San Diego News Network.]

Constituents conflicted over gay legislator Thursday, 03/11/10
SF Gate

The state senator who represents this Bible Belt region of farms and oil fields was once best known for moments like the one he created on April 2, 2005.

Organizing a rally at Bakersfield's Patriots Park, Roy Ashburn stood with evangelical leaders to condemn same-sex marriage as gay-rights advocates shouted him down.

"Marriage between one man and one woman is fundamental to civilization," Ashburn said that day.

Now, after a drunken driving arrest near a gay bar in Sacramento forced Ashburn to reveal that he is homosexual, people in his district - including some who were at Patriots Park that day - are wrestling with what to make of him and his long public career.

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

Equality California: Groundbreaking legislation announced Tuesday, 03/09/10
Equality California

Equality California has put together our most ambitious bill package ever, with 13 pieces of legislation designed to ensure equality for LGBT Californians. At a time when all we hear about is gridlock in Washington, D.C., EQCA is aggressively pushing an agenda to continue advancing equality in California. Here are a few highlights of our legislative package:

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

Olson and Boies on Same-Sex Marriage Sunday, 03/07/10
Bill Moyers Journal

DAVID BOIES: I think one of the things we have in common on this issue is respect for the rule of law, respect for civil rights, respect for the Constitution. I think this is not a liberal or conservative issue. It's not a Republican or Democratic issue. I think conservatives and liberals alike need the Constitution. Conservatives and liberals alike want to keep the government out of regulating our personal conduct. Want to keep the government out of the bedroom.

I think that conservatives and liberals alike have an interest in seeing the rule of law applied to everybody. So, I think that this is, although sometimes people say that they're surprised to see the two of us together, I don't really think they ought to be surprised. Because I think this is something that both conservatives and liberals ought to unite behind.

[Read the article or read more articles from Bill Moyers Journal.]

Anti-8 Campaign must reveal internal memos Sunday, 03/07/10
Box Turtle Bulletin

As this order has no value on the merits of the case, it appears to be purely political in nature. I'm not suggesting that Justice Spero is engaging in judicial activism, but rather this seems to be an order purely to be "fair" so that "both sides can see each others' secrets".

But legal proceedings are to be based on the law, not on making both sides happy. "Making everyone happy" is not a standard that is applied to disclosure in criminal or corporate law.

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

Court: Calif gay groups must share Prop 8 memos Saturday, 03/06/10
Mercury News

Spero says Equality California, Californians Against Eliminating Basic Rights, an ACLU campaign committee and an umbrella group that oversaw the campaign against the ban must hand over all documents "that contain, refer or relate to arguments for or against Proposition 8," with the exception private communications between their core leaders.

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

Perez calls 2010 Prop 8 repeal effort DOA Thursday, 03/04/10
Bay Area Reporter

In his first press call with LGBT media outlets since being sworn in as the state's first openly gay Assembly speaker, John A. Perez (D-Los Angeles) said that there is "no practical way" to repeal the state's anti-same-sex marriage ban this year.

The comments are likely a fatal blow to the fledgling grassroots efforts to place a repeal measure of Proposition 8 before California voters in the fall. Already the majority of the state's LGBT rights groups had decided it makes more political sense to seek repeal of Prop 8 in 2012.

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

Queer Town: Prop. 8 Closing Arguments Still Not Scheduled Thursday, 03/04/10
LA Weekly

U.S. District Judge Vaughn Walker has yet to set a date for lawyers to show up in court to bring it all home with closing remarks.

Walker has said he plans to question lawyers during that time.

Previous news reports predicted the judge would schedule a day in March.

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

Maine commission's investigation into NOM fundraising practices continues Wednesday, 03/03/10
Edge

Nearly four months after Maine voters approved a referendum that overturned their state's law that had allowed gays and lesbians to marry, the National Organization for Marriage continues to stonewall requests for information from a commission investigating its contributions to the successful campaign.

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

Going After the "Movable Middle" on Gay Marriage Monday, 03/01/10
Beyond Chron

But what the report clearly shows is how we lost the "middle voters" - people who don't explicitly support same-sex marriage, but who are persuadable on the issue. The poll asked voters to pick one of four positions: (a) 39% said gay couples should have full marriage rights, i.e., the base; (b) 22% said they should have the "same legal rights" but not call it marriage; (c) 25% said that marriage is between a man and a woman, but "there should be domestic partnerships or other legal rights" for gays; and (d) only 10% opted for no legal recognition. The 47% who picked (b) or (c) are the "movable" swing voters.

And we got creamed with those folks. On Maine's Question 1, we lost 71% of those who picked (b) and 87% who chose (c). Third Way did a similar poll in Washington, where on the same day voters upheld a domestic partnership law for gays and lesbians. In that poll, nearly half of the "middle" voters sided with us. We can draw two conclusions from this. Either swing voters are "not ready" for gay marriage and we must settle for civil unions and domestic partnerships, or we can figure out how to get them to vote with us. Given that at least a portion of these voters are persuadable, there is no reason not to.

[Read the article or read more articles from Beyond Chron.]