Christian conservatives target San Diego judges
(San Diego) A group of conservative attorneys say they are on a mission from God to unseat four California judges in a rare challenge that is turning a traditionally snooze-button election into what both sides call a battle for the integrity of U.S. courts.
Vowing to be God’s ambassadors on the bench, the four San Diego Superior Court candidates are backed by pastors, gun enthusiasts, and opponents of abortion and same-sex marriages.
“We believe our country is under assault and needs Christian values,” said Craig Candelore, a family law attorney who is one of the group’s candidates. “Unfortunately, God has called upon us to do this only with the judiciary.”
The challenge is unheard of in California, one of 33 states to directly elect judges. Critics say the campaign is aimed at packing the courts with judges who adhere to the religious right’s moral agenda and threatens both the impartiality of the court system and the separation of church and state.
Opponents fear the June 8 race is a strategy that could transform courtroom benches just like some school boards, which have seen an increasing number of Christian conservatives win seats in cities across the country and push for such issues as prayer in classrooms.
“Any organization that wants judges to subscribe to a certain political party or certain value system or certain way of ruling to me threatens the independence of the judiciary,” San Diego County’s District Attorney Bonnie Dumanis said.
“Judges should be evaluated based on their qualifications and their duty to follow the law.”
The campaign by California’s social conservatives comes at a time when judges and scholars in many states are debating whether judges should be elected or appointed, citing the danger that campaign contributions could influence their rulings. Other states have lifted restrictions allowing judges to express their opinions publicly so people know what their biases are.
Special interest groups, including those representing gay marriage opponents, have ramped up donations for judicial races in recent years, according to the Brennan Center for Justice at New York University’s school of law.
In Iowa’s June 8 primary, two Republican gubernatorial candidates have announced they favor ousting Supreme Court judges whose unanimous decision last year legalized same-sex marriage.
“An effective way in driving policy is to try to influence who is on the courts in a state, particularly the highest court, the supreme court,” said Adam Skaggs, counsel for the Brennan Center. “It’s cause for concern because Americans expect courts to be places where people get a fair trial.”
Most of those efforts have been aimed at state supreme courts, not courts like San Diego Superior Court that rules on custody battles and crime cases.
Called “Better Courts Now,” the movement was the brainchild of Don Hamer, San Diego County’s late Zion Christian Fellowship pastor who campaigned locally for California’s ban on gay marriage, Proposition 8, and vetted the candidates before he died of a heart attack in March.
His fellow Pastor Brian Hendry and other supporters have carried on his legacy, launching the mostly online campaign to replace the incumbent judges – all Democrats – with Christian conservatives.
Backers include El Cajon Gun Exchange, a store that encourages customers to fight for California’s gun owners and visit the “Better Courts Now” website before voting. Pastors have vowed to spread the word. Hendry said the group had raised about $2,000 last month.
Some say it would not take much to win the traditionally low turnout race. The election usually draws fellow judges, attorneys, prosecutors and others closely following the legal community.
Lantz Lewis, who has been a judge for 20 years, said his opponent’s campaign is taking judicial elections in the wrong direction.
“I have no problem with elections, but I think it really should focus on a judge’s qualifications, and it’s very difficult to think something good could come out of a partisan judicial election,” he said.
“Better Courts Now” says it wants courts to be more accountable to the public.
At a debate the group organized at the Rancho del Rey church in San Marcos, a sprawling city of strip malls and suburban earth-tone homes perched atop green canyons, candidate Harold J. Coleman Jr. told supporters it’s fair for voters to know a judge’s values.
“That doesn’t mean he won’t follow the law,” Coleman said as his supporters faced a wall with the words, “Live Jesus.”
About 25 attendees broke into prayer at the church, which was in an office complex shared by an Irish dance studio and gymnasium.
Organizers invited the incumbents but none came.
Lewis said “Better Courts Now” appears to be seeking allegiance to its views – not accountability.
“That’s one of the reasons, we declined the invitation to go to that forum,” he said. “I just don’t think judges should be in a situation, where they are asked, ‘Do you believe in God, abortion, gay marriage?’”
If judges proclaim to be either liberals or conservatives, people will feel the decks are either stacked against them or in their favor. If only one parent goes to church and the other does not in a child custody battle, a judge proclaimed to be a conservative Christian may favor the churchgoer, he said.
The district attorney and nearly every judge on the bench are endorsing incumbents Lewis, Robert Longstreth and Joel Wohlfeil, rated by the San Diego County Bar Association as “well qualified,” its highest grade.
The bar rated Candelore and his running mates Bill Trask and Larry “Jake” Kincaid as “lacking some or all of the qualities of professional ability, experience, competence, integrity and temperament indicative of fitness to perform the judicial function in a satisfactory mode.”
Trask is a lawyer for a mortgage firm and Kincaid is a family law attorney.
The bar said it did not have enough information to rate Coleman, an arbitrator for business disputes. He faces Judge DeAnn Salcido, who also received the bar’s lowest mark of “lacking qualifications.”
The Better Courts Now candidates accused the bar of being swayed by politics.
Candelore said a victory would mark only the beginning: “If we can take our judiciary, we can take our legislature and our executive branch.”
Christian conservatives target San Diego judges
(San Diego) A group of conservative attorneys say they are on a mission from God to unseat four California judges in a rare challenge that is turning a traditionally snooze-button election into what both sides call a battle for the integrity of U.S. courts.
Vowing to be God’s ambassadors on the bench, the four San Diego Superior Court candidates are backed by pastors, gun enthusiasts, and opponents of abortion and same-sex marriages.
“We believe our country is under assault and needs Christian values,” said Craig Candelore, a family law attorney who is one of the group’s candidates. “Unfortunately, God has called upon us to do this only with the judiciary.”
The challenge is unheard of in California, one of 33 states to directly elect judges. Critics say the campaign is aimed at packing the courts with judges who adhere to the religious right’s moral agenda and threatens both the impartiality of the court system and the separation of church and state.
Opponents fear the June 8 race is a strategy that could transform courtroom benches just like some school boards, which have seen an increasing number of Christian conservatives win seats in cities across the country and push for such issues as prayer in classrooms.
“Any organization that wants judges to subscribe to a certain political party or certain value system or certain way of ruling to me threatens the independence of the judiciary,” San Diego County’s District Attorney Bonnie Dumanis said.
“Judges should be evaluated based on their qualifications and their duty to follow the law.”
The campaign by California’s social conservatives comes at a time when judges and scholars in many states are debating whether judges should be elected or appointed, citing the danger that campaign contributions could influence their rulings. Other states have lifted restrictions allowing judges to express their opinions publicly so people know what their biases are.
Special interest groups, including those representing gay marriage opponents, have ramped up donations for judicial races in recent years, according to the Brennan Center for Justice at New York University’s school of law.
In Iowa’s June 8 primary, two Republican gubernatorial candidates have announced they favor ousting Supreme Court judges whose unanimous decision last year legalized same-sex marriage.
“An effective way in driving policy is to try to influence who is on the courts in a state, particularly the highest court, the supreme court,” said Adam Skaggs, counsel for the Brennan Center. “It’s cause for concern because Americans expect courts to be places where people get a fair trial.”
Most of those efforts have been aimed at state supreme courts, not courts like San Diego Superior Court that rules on custody battles and crime cases.
Called “Better Courts Now,” the movement was the brainchild of Don Hamer, San Diego County’s late Zion Christian Fellowship pastor who campaigned locally for California’s ban on gay marriage, Proposition 8, and vetted the candidates before he died of a heart attack in March.
His fellow Pastor Brian Hendry and other supporters have carried on his legacy, launching the mostly online campaign to replace the incumbent judges – all Democrats – with Christian conservatives.
Backers include El Cajon Gun Exchange, a store that encourages customers to fight for California’s gun owners and visit the “Better Courts Now” website before voting. Pastors have vowed to spread the word. Hendry said the group had raised about $2,000 last month.
Some say it would not take much to win the traditionally low turnout race. The election usually draws fellow judges, attorneys, prosecutors and others closely following the legal community.
Lantz Lewis, who has been a judge for 20 years, said his opponent’s campaign is taking judicial elections in the wrong direction.
“I have no problem with elections, but I think it really should focus on a judge’s qualifications, and it’s very difficult to think something good could come out of a partisan judicial election,” he said.
“Better Courts Now” says it wants courts to be more accountable to the public.
At a debate the group organized at the Rancho del Rey church in San Marcos, a sprawling city of strip malls and suburban earth-tone homes perched atop green canyons, candidate Harold J. Coleman Jr. told supporters it’s fair for voters to know a judge’s values.
“That doesn’t mean he won’t follow the law,” Coleman said as his supporters faced a wall with the words, “Live Jesus.”
About 25 attendees broke into prayer at the church, which was in an office complex shared by an Irish dance studio and gymnasium.
Organizers invited the incumbents but none came.
Lewis said “Better Courts Now” appears to be seeking allegiance to its views – not accountability.
“That’s one of the reasons, we declined the invitation to go to that forum,” he said. “I just don’t think judges should be in a situation, where they are asked, ‘Do you believe in God, abortion, gay marriage?’”
If judges proclaim to be either liberals or conservatives, people will feel the decks are either stacked against them or in their favor. If only one parent goes to church and the other does not in a child custody battle, a judge proclaimed to be a conservative Christian may favor the churchgoer, he said.
The district attorney and nearly every judge on the bench are endorsing incumbents Lewis, Robert Longstreth and Joel Wohlfeil, rated by the San Diego County Bar Association as “well qualified,” its highest grade.
The bar rated Candelore and his running mates Bill Trask and Larry “Jake” Kincaid as “lacking some or all of the qualities of professional ability, experience, competence, integrity and temperament indicative of fitness to perform the judicial function in a satisfactory mode.”
Trask is a lawyer for a mortgage firm and Kincaid is a family law attorney.
The bar said it did not have enough information to rate Coleman, an arbitrator for business disputes. He faces Judge DeAnn Salcido, who also received the bar’s lowest mark of “lacking qualifications.”
The Better Courts Now candidates accused the bar of being swayed by politics.
Candelore said a victory would mark only the beginning: “If we can take our judiciary, we can take our legislature and our executive branch.”
What happened during Prop 8 Day 2?
Because there’s no live or delayed feed, 365gay covered the trial today gavel-to-gavel by aggregating the tweets and blogs of those who were sitting inside the courtroom. Thanks to CoverItLive, about 1,000 of our readers were able to join in the discussion.
Want to see what you missed? Re-live it, …
High-stakes gay marriage trial to begin in Calif.
(San Francisco) The national debate over same-sex marriage will take center stage in a California courtroom next week at a closely watched federal trial that could ultimately become the landmark case that determines whether gay Americans have a right to marry.
The case will decide a challenge to California’s gay marriage …
Florida Gov. Charlie Crist gives different answers on gay adoption
As a part of his statewide tour for “Explore Adoption Day,” Crist spoke to a crowded courtroom at the Duval County Courthouse about the increase in adoptions throughout the state.
Crist and other adoption advocates talked about the need for even more adoption, especially for older children who have a difficult time making it out of the system.
When he was running for governor in 2006, Crist told The St. Petersburg Times, “My position is the traditional family is the best to adopt.” He reaffirmed that statement on Wednesday in Jacksonville.
See Florida Gov. Charlie Crist gives different answers on gay adoption
Florida Times-Union -
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Federal Judge Stresses Trial Record on Calif. Gay-Marriage Ban
Whatever Chief U.S. District Judge Vaughn Walker winds up deciding on Proposition 8, it’s clear he wants an airtight trial record to support it.
Holding his first hearing Thursday on the controversial measure that outlawed same-sex marriage, Walker repeatedly stressed the importance of establishing a record that will stand the test of time.
He told a packed courtroom that he was “reasonably sure” that the challenge launched by two high-profile litigators is “only touching down in this court” and merely a “prelude” for things to come.
“How we do things here,” Walker said, “is more important than what we do.”
He noted that other courts have rendered decisions on same-sex marriage without holding full trials, which he suggested was a “problem.”
Perry v. Schwarzenegger, 09-CV-2292, was filed in May by Theodore Olson, who represented George W. Bush in the landmark Bush v. Gore case, and David Boies, who represented Al Gore. Boies wasn’t present on Thursday. The suit attacks Prop 8 on equal protection and due process grounds.
Walker had already issued a tentative order allowing Prop 8 proponents to intervene and denying a preliminary injunction (pdf). He stood by both orders during Thursday’s 50-minute session.
Olson, a partner in Gibson, Dunn & Crutcher’s Washington, D.C., office who has argued before the U.S. Supreme Court 55 times, nonetheless made a fleeting attempt to persuade Walker to change his mind on the injunction.
“Every day that Prop 8 is enforced perpetuates a tragic injustice” on gays and lesbians, he argued, saying it “brands” them as “second-class citizens, unworthy and different.”
“The Supreme Court,” Olson argued, “has held again and again and again that the right to marry is the most important relationship in life.”
Representing the Prop 8 proponents, Washington attorney Charles Cooper, who was a top Justice Department lawyer during the Reagan administration, warned that the lawsuit could “sweep away” not only Prop 8, but the definition of marriage in 43 states and the federal government.
The Cooper & Kirk partner also argued that marriage has by tradition always been the union of a man and a woman, and said that every Supreme Court case that describes marriage has noted that its central purpose is procreation.
See Federal Judge Stresses Trial Record on Calif. Gay-Marriage Ban Above the Law
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Gay Filipino professor wins political asylum after revealing a 30-year secret of sexual abuse
After his visitor’s visa expired in 2006, Philip Belarmino, an English professor from the Philippines, consulted a San Francisco attorney. He wanted to see if he could stay longer to be with his parents and sister who are permanent residents in the Bay Area. That bureaucratic immigration path led instead to revelation of a stunning personal secret, recounted during an emotional testimony in an immigration courtroom in San Francisco last month: When he was 9, 11 and 16, Belarmino said he was repeatedly sexually assaulted by other boys. Recounting the abuse, said the 43-year Bay Area resident, was “like forever. It was like re-entering a harrowing, hellish experience.” He feared a forced return to the Philippines, “of being hurled back in the world of cruelty.” That wrenching testimony convinced Judge Loreto Geisse to grant Belarmino political asylum in the United States, ending for now the government’s effort to deport him. The Department of Justice, which has until June 22 to appeal, could not be reached for comment Monday. Political asylum in the United States for gays and lesbians who fear persecution if returned to their home countries is not new and no one knows how many such cases are granted each year. Immigration Equality, a New York City group that advocates for gay and lesbian immigrant rights, won 55 similar cases last year.
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Gays under threat in Senegal
DAKAR, Senegal — A mob gathered near a mosque outside Dakar. They were there to hunt down and kill nine men accused of homosexual acts.
Earlier this week the nine Senegalese AIDS activists were freed from eight-year-prison terms for alleged homosexual acts, but they went into hiding because of death threats from Muslim religious leaders and the general population.
“The homosexuals will not escape lynching. They will be fish food,” Dakar newspaper L’Observeur quoted a local youth leader as saying.
“Gay men will never be free in Senegal. They expose us all to danger,” said Imam Mbaye Niang, a prominent religious leader and member of parliament. “The judges should understand that Senegalese people need to protect their children, their families from homosexuality.”
In Senegal — where 95 percent of the population is Muslim — homosexual acts are punishable by fines and up to five years in prison. In January, the nine men received the harshest sentence yet for such an offense in Senegal, getting the maximum of five years and an additional three for criminal conspiracy.
Though widely supported in Senegal, the conviction was condemned by international human rights groups and foreign governments, most notably France.
“They were judged and condemned very severely, surely on the basis of public outcry, therefore the justice was neither objective nor founded in law,” said lead defense attorney Barim Sassoum Sy, who called the initial ruling hasty and emotional.
A Dakar appeals court overturned that decision Monday, citing violations of legal protocol.
Acting on an anonymous tip, police had arrested the men — most of whom do HIV prevention work in the “men having sex with men” community — in December at the home of a prominent gay activist. But the police did not have a search warrant, nor did they catch the men in the act, which is required by the Senegalese law prohibiting “indecent acts against nature.” The judge hearing the appeal therefore declared their convictions null and void, Sy said.
Yet even as smiling attorneys and supporters celebrated in the packed courtroom Monday and exchanged congratulations, plans were already in place to get the freed men into hiding outside Dakar.
“The first judge sentenced them to eight years,” said Imam Niang. “He had the courage to say it. The judge that let them go was much less courageous. He yielded to international pressure.”
See
Gays under threat in Senegal
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Case Against Prop 8 — Oral Argument and Telephone Briefing Today!
Today another historic argument will be made before the state Supreme Court in California to protect the constitutional guarantee of equal protection for all and to fight to restore marriage equality. Lambda Legal, NCLR, the ACLU and others have been working for months to prepare for today’s oral argument in our historic case against Prop 8. And now you can be among the first to know what happened in the courtroom. By making a gift to Lambda Legal, you can join our members–only telephone briefing immediately following the argument.
At 3 pm PST (6 pm EST), Lambda Legal’s National Marriage Project Director Jenny Pizer and our Legal Director Jon Davidson will discuss the latest developments in the Strauss v. Horton case. If you’re interested in watching the argument, we have learned that it will be aired on California’s Public Access TV and streamed online. (High traffic at the site may impair viewing.)
Upholding the California Constitution’s promise to protect the rights of minorities is important for all Americans. In January, hundreds of religious organizations, civil rights groups and labor unions, and dozens of California municipal governments, bar associations and leading legal scholars agreed that the rights of all vulnerable minorities are at stake as they collectively urged the California Supreme Court to strike down Prop 8. The California Attorney General has also argued that Prop 8 is invalid.
Be in the know, every step of the way. With your support, we are making history. Take this final opportunity to join Lambda Legal and receive instructions on how to sign up for today’s conference call. Join us as we discuss the justices’ questions and what may come next in this fight to uphold the constitution and our equal freedom to marry in California!
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California Ban on Same-Sex Marriage Has Its Day in Court
SAN FRANCISCO — Under intense pressure from both sides in the debate over same-sex marriage, the California Supreme Court will hear arguments Thursday on the ballot initiative passed by voters last November that outlawed such unions.
For opponents of the measure, Proposition 8, the three-hour hearing is a critical legal test. But it is also, they say, a prime moment to rally their forces and demonstrate resilience after a stinging election loss that many among them believe could have been avoided.
“It’s a need for the community to show that we will not be passive participants to our own struggle,” said Kate Kendell, executive director of the National Center for Lesbian Rights. “I think it goes to the heart of what we’ve seen since Nov. 5, and what we’ve come to appreciate as the critical importance of everyone stepping up and stepping out.”
To that end, Thursday’s hearing is being treated by some activists as a combination of Election Night and Super Bowl. In San Francisco, for example, Proposition 8 opponents have erected a Jumbotron screen in front of the courthouse for spectators unable to squeeze into the courtroom.
“This is our lives on the line,” said Molly McKay, media director of the volunteer group Marriage Equality USA. “We don’t want them to have to worry about getting in.”
See California Ban on Same-Sex Marriage Has Its Day in Court
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