Judge refuses to dismiss gay marriage ban lawsuit
(San Francisco) A federal judge in San Francisco has refused to dismiss a lawsuit seeking to overturn California’s same-sex marriage ban.
U.S. District Chief Judge Vaughn Walker also signaled Wednesday that the measure’s sponsors will need to show that allowing gay couples to wed threatens traditional male-female unions.
Walker said significant questions …
Tags: Chief Judge, District Chief, Federal Judge, Gay Couples, Gay Marriage Ban, marriage, same sex marriage, San Francisco, UnionsProp 8 campaign seeks to shield internal memos
(San Francisco) A federal judge is considering whether to order the sponsors of California’s voter-approved gay marriage ban to produce their internal campaign records to lawyers now suing to overturn the law.
U.S. District Chief Judge Vaughn Walker in San Francisco heard arguments Friday from lawyers seeking the information, including strategy …
Tags: Campaign Records, Chief Judge, District Chief, Federal Judge, Gay Marriage Ban, Internal Campaign, Internal Memos, Lawyers, marriage, San FranciscoJudge shields signatures in gay rights referendum
(Olympia, Wash.) A federal judge on Thursday ordered the state of Washington to keep shielding the identities of people who signed petitions to force a vote on expanded benefits for gay couples.
U.S. District Judge Benjamin Settle in Tacoma granted the preliminary injunction involving petitions for Referendum 71 while a related …
Tags: District Judge, Federal Judge, Gay Couples, gay rights, Olympia, Petitions, Preliminary Injunction, Referendum, Shields, Signatures, State Of Washington, VoteIDs of gay partnership foes could be released next week
The names of people who signed petitions seeking to overturn Washington’s “everything but marriage” same-sex domestic partner law won’t be released publicly following a federal judge’s temporary restraining order.
Sponsors of Referendum 71 went to U.S. District Court in Tacoma Wednesday seeking the order. U.S. District Judge Benjamin Settle has set a full hearing on the matter for Sept. 3.
The names of everyone who signed Referendum-71 petitions are publicly available under open-government laws. A gay-rights group says it wants to post all the names online. But the R-71 campaign says that could lead to harassment.
Nick Handy, state elections director, said in a statement: “Referendum petitions become public records under the law once they have been turned over to us by sponsors. Our consistent practice has been to make these available upon public request. By early next week we will be in a position to make these available, and absent a court order, our intent has been to respond to public records requests in a timely way.”
Backers of R-71 turned in about 138,000 signatures Saturday. They need 120,577 valid voter signatures to qualify for the fall ballot.
Election officials suggest submitting about 150,000 signatures to offset any invalid signatures. Dave Ammons, spokesman for the secretary of state’s office, said usually about 18 percent of signatures checked turn out to be invalid.
The process of counting and verifying the signatures could go until the last week of August.
See IDs of gay partnership foes could be released next week Seattle Post Intelligencer
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Wash. gay partnership foes try to shield signers
State officials won’t resist a temporary restraining order that would block public release of petition signatures for a gay-partnership referendum.
The case centers on Referendum 71, which would ask voters to approve or reject expanded partnership rights for gay couples.
The names of everyone who signed R-71 petitions are publicly available under open-government laws.
A gay-rights group is planning to post all the names online, so partnership supporters can talk to those people about the referendum.
But the R-71 campaign says that could lead to harassment. So they’re asking a federal judge to keep the petitions secret, until they can make their argument in court.
See Wash. gay partnership foes try to shield signers
Seattle Times
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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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Voter ‘animus’ to be issue in Calif marriage case
When the U.S. Supreme Court overturned an amendment to the Colorado Constitution that outlawed discrimination protections for gay people, same-sex couples could not enter into civil unions or domestic partnerships anywhere in the nation, much less get married. But as they seek to persuade a federal judge to strike down California’s ban on gay marriages, lawyers for two unmarried gay couples are using that 13-year-old decision as their road map — one they expect will eventually lead the high court to take up the marriage issue. In the Colorado case, Romer v. Evans, the Supreme Court majority held that voters’ dislike of gays and the laws that several cities had approved to shield them from bias motivated the state amendment. Such “animus,” it said, was incompatible with the section of the U.S. Constitution that requires the government to treat its citizens equally absent a compelling reason to do otherwise. The attorneys behind the challenge to California’s Proposition 8 plan to argue during a pretrial hearing Thursday that by stripping gays of the right to wed, the voter-approved ban runs afoul of America’s founding framework in the same way — and for the same reason. “Romer is a strikingly similar situation to what we have here. You had a ballot initiative, a majority vote of the people, taking away a right,” said Theodore J. Boutrous Jr., a member of the legal team led by former U.S. Solicitor General Theodore Olson and veteran trial lawyer David Boies. “And there was no justification or rationale other than disapproval by that majority of that group.” U.S. District Chief Judge Vaughn R. Walker on Tuesday issued a tentative order to fast-track the case in his San Francisco court. Among the questions he said he wants covered at trial are whether sexual orientation is unchangeable, if permitting same-sex marriage “destabilizes” traditional unions and whether Proposition 8’s ballot history demonstrates the measure had “discriminatory intent.” California Attorney General Jerry Brown, a defendant in the case, has sided with gay rights advocates and declined to defend the ban, which overturned a California Supreme Court ruling that had legalized same-sex marriages. The state Supreme Court five weeks ago upheld the measure, saying it represented a valid exercise of voters’ authority to amend the California Constitution. Proposition 8’s sponsors, a coalition of religious conservative groups called Protect Marriage, has been given permission to intervene in the federal case. In court papers, the group’s lawyers rejected the assertions that anti-gay attitudes fueled the November measure and that the 1996 Colorado case was applicable. “Nothing in California law, either Proposition 8 or otherwise, indicates that Californians harbor animus towards gay and lesbian individuals,” they wrote. Since the U.S. Supreme Court’s 6-3 decision, attorneys for gay rights and Christian conservative groups have debated whether the Romer decision could be used to expand gay rights. The ruling marked the first time the Supreme Court determined that the Constitution’s equal rights guarantees extended to gays and lesbians. “The basic point of Romer is that government cannot ever act out of hostility toward a group of people, and whether that is in the context of marriage or anti-discrimination law, the point carries over,” said Suzanne Goldberg, who worked on the case and now directs Columbia Law School’s Sexuality and Gender Law Program. The ruling has been cited, though so far unsuccessfully, in past challenges to gay marriage bans in Nebraska and Florida. At the same time, gay rights groups mostly have shied away from pursuing federal marriage cases in favor of pursuing marriage rights in state courts. Legal observers on both sides of the debate agree, however, that California’s Proposition 8 presents novel questions that could make the issue ripe for federal action.
San Francisco Chronicle
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Judge likely won’t grant Prop. 8 injunctionA…
Judge likely won’t grant Prop. 8 injunction
A federal judge in San Francisco said Tuesday that he is disinclined to suspend California’s voter-approved ban on same-sex marriage while a lawsuit challenging it as a violation of the U.S. Constitution proceeds in his court.
In a tentative order, U.S. District Court Chief Judge Vaughn Walker said he’d rather move directly to a speedy trial on the case’s merits than grant a preliminary injunction that would temporarily allow gay nuptials. see http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/06/30/state/n150147D61.DTL
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Judge favors trial soon on Calif. gay marriage ban
A federal judge wants a trial on California’s same-sex marriage ban to proceed quickly but says he likely won’t suspend the voter-approved ban in the meantime.
U.S. District Court Chief Judge Vaughn Walker said holding a speedy trial on the merits of a lawsuit challenging Proposition 8 would avoid novel issues that might be raised if he issued a temporary injunction.
See Judge favors trial soon on Calif. gay marriage ban
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S.F. asks federal judge to toss Prop. 8
San Francisco has asked a federal judge to overturn California’s ban on same-sex marriage, allying the city with a lawsuit that could reach the U.S. Supreme Court.
In papers filed Thursday night in U.S. District Court in San Francisco, City Attorney Dennis Herrera’s office argued that Proposition 8 was motivated by hatred of gays and lesbians and violates their constitutional right to be free of discrimination.
Although sponsors of the November ballot measure said they were trying to promote traditional marriage and protect children, “excluding same-sex couples from marriage does nothing to advance those goals,” Chief Deputy City Attorney Therese Stewart said in the 49-page brief.
Prop. 8’s “real aim (was) harming gays and lesbians and expressing moral disapproval of them,” Stewart said.
In arguing to throw out Prop. 8, Stewart cited the Supreme Court’s 1996 ruling that struck down Colorado’s ban on state and local gay-rights measures and said a law motivated by hostility toward gays and lesbians is unconstitutional.
See S.F. asks federal judge to toss Prop. 8
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