Gay marriage case will go to Supreme Court: attorney
The attorney representing two same-sex couples who were denied a right to wed in California said on Thursday he expected the case to end up before the U.S. Supreme Court, which has yet to hear a case on the gay marriage issue.
“When it does get to the United States Supreme Court, we expect to win,” Theodore Olson, who was solicitor general under former President George W. Bush, told reporters after the first hearing on federal lawsuit that was filed in May.
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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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Federal gay marriage challenge has Hollywood style Reuters
The story of two famous U.S. lawyers from opposite ends of the political spectrum banding together to launch a bold and unexpected fight for gay marriage sounds like it could have been written in Hollywood.
In many ways, it is.
A handful of political filmmakers led by a Democratic consultant have crafted a gay rights challenge they hope will reach the U.S. Supreme Court.
The case which has its first hearing in a federal San Francisco court on July 2 could quickly make gay marriage a national right, or, some veteran gay rights advocates fear, cripple the movement.
The team has political experience, winning referenda in California in particular, and has brought together real-world firepower in the form of Ted Olson and David Boies, the lawyers who faced off in the 2000 election vote recount that led to George W. Bush’s presidency.
What sets them apart is the willingness to take on a court case that advocates steeped in the cause have avoided.
“Patience is a virtue I’ve quite frankly never possessed — if patience is a virtue,” said Chad Griffin, 35, who began his career in the political big leagues more than a decade ago as the youngest person to work on a president’s West Wing staff.
“History is on our side, law is on our side,” added Griffin, who is gay.
Rob Reiner, the “When Harry Met Sally” director and advocate for children’s health, and Bruce Cohen, the producer of “Milk,” a film about the first openly gay elected politician in California, are two of the six-member board of the American Foundation for Equal Rights, founded for the court challenge.
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Clinton Says His View On Gay Marriage Is “Evolving”
ABC News’ Rick Klein reports: This afternoon in Toronto, former Presidents Bill Clinton and George W. Bush shared a stage for a “conversation with presidents” at Toronto’s Convention Centre, in a ticketed event (with a hefty payday for both ex-presidents) that was open to the general public.
It was a fascinating discussion — these two 62-year-old men with a combined 16 years in the presidency, talking about current and past events as probably no one else alive can, for the first time in a public forum.
While President Bush mostly kept to his promise not to criticize his successor, he bristled at the suggestion — advanced by President Obama, among others — that Iraq distracted the nation from the war in Afghanistan.
“I don’t buy the premise that our attention was diverted” by Iraq, Bush said. “I think it’s false. Matter of fact, I know it’s false. I was there.”
And while President Clinton mostly kept to his promise to “thwart” efforts to get 42 and 43 to tangle with each other, he offered an interesting insight into his thinking on gay rights.
On the issue of gay marriage — which Clinton, like President Obama, personally opposes — Clinton said of his position: “Frankly, it’s evolving” as he sees more committed gay couples raising kids.
As ABC political director David Chalian has pointed out, Clinton isn’t the only Democrat whose position on gay marriage is moving.
Clinton also expressed optimism that the military’s “don’t ask, don’t tell policy” — which he helped enact — will eventually come off the books, allowing gay members of the armed services to serve openly.
“I think that time will lead to a repeal of this ban,” Clinton said.
That’s one of many areas where the former presidents disagree. But mostly, this event was a lovefest.
Clinton heaped praise on Bush for his AIDS initiative and the diversity of his Cabinet. Bush urged Clinton not to be so hard on himself over Rwanda.
Bush welcomed the audience to “the Bill and George show.” Clinton teased that while the pair was facing expectations that they would “devour each other,” “we’ll do our best to thwart them.”
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Obama Needs to End Silence on Biggest Civil Rights Move of Our Time
Barack Obama has appointed a hyperactive director of faith-based initiatives, Josh DuBois, and sees little problem continuing the blurring of church and state that George W. Bush and Bill Clinton initiated in their terms. I remain very uncomfortable with evangelicals and other preachers — many of whom have narrow and bigoted views of America’s 21st century civil rights challenges. See Obama Needs to End Silence on Biggest Civil Rights Move of Our Time
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Joe The Plumber: I Would Never Let “Queers” Near My Children
Joe the Plumber, aka Samuel Wurzelbacher, sat down for an lengthy interview with Christianity Today to discuss his views on the future of the Republican party. Wurzelbacher took the opportunity to speak out against gay marriage, which he says is wrong. The unlikely conservative spokesman went so far as to say he doesn’t allow openly gay people “anywhere near” his children.
The word “queer,” Wurzelbacher noted, “means strange and unusual.”
Christianity Today: In the last month, same-sex marriage has become legal in Iowa and Vermont. What do you think about same-sex marriage at a state level?
Wurzelbacher: At a state level, it’s up to them. I don’t want it to be a federal thing. I personally still think it’s wrong. People don’t understand the dictionary–it’s called queer. Queer means strange and unusual. It’s not like a slur, like you would call a white person a honky or something like that. You know, God is pretty explicit in what we’re supposed to do–what man and woman are for. Now, at the same time, we’re supposed to love everybody and accept people, and preach against the sins. I’ve had some friends that are actually homosexual. And, I mean, they know where I stand, and they know that I wouldn’t have them anywhere near my children. But at the same time, they’re people, and they’re going to do their thing.
In the vein of George W. Bush and Michael Steele, Joe the Plumber also indicated that he wouldn’t run for public office until the Lord had given him a cue. “God hasn’t said, ‘Joe, I want you to run.’ I feel more important to just encourage people to get involved, one way or another. If I can inspire some leaders, that would be great.” Joe added: “I don’t know if I want to be a leader.”
Read more excerpts from the interview at the Colorado Independent.
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Methodist Court Rejects Gay Marriage, OKs Bush Library
The United Methodist Church’s highest court has ruled that clergy may not officiate at same-sex unions, even in states where such marriages are legal, and gave the final OK for the George W. Bush Library to be built at Southern Methodist University.
The church’s nine-member Judicial Council rejected separate resolutions passed by the California-Nevada and California-Pacific Conferences that voiced support for clergy who officiate at such unions.
Last year, the 8.3 million-member church upheld rules in its Book of Discipline, or constitution, that Methodist churches cannot be used to host same-sex unions and clergy are prohibited from officiating at them.
The latest court ruling rejected a California-Nevada resolution that supported retired clergy who volunteered to conduct gay weddings, and a California-Pacific resolution upholding the “pastoral need and prophetic authority” of clergy to do so.
Between May and November, 2008, California allowed same-sex couples to marry until voters banned the practiced with a constitutional amendment.
“An annual conference may not legally negate, ignore or violate provisions of the Discipline with which they disagree, even when the disagreements are based on conscientious objections to the provisions,” the court ruled, according to United Methodist News Service.
In a separate case, the court said it found no reason to halt construction of the planned George W. Bush Presidential Center at the church-owned school in Dallas.
Critics contend the library complex and affiliated policy center will promote policies that the United Methodist Church officially opposed, including the Iraq War. The former president and his wife, Laura, are both United Methodists.
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ACLU: Fred Phelps-motivated law unconstitutional
(Lansing, Michigan) A lawsuit challenging Michigan’s law restricting funeral protests was filed Wednesday on behalf of a couple who were pulled over and arrested during a procession for a friend killed in Iraq because their van bore signs critical of then-President George W. Bush.
The American Civil Liberties Union says the …
Tags: Aclu, American Civil Liberties, American Civil Liberties Union, Civil Liberties Union, Fred Phelps, Funeral Protests, George W Bush, Iraq, Lansing Michigan, Michigan Law, President George W Bush, Procession, SignsFighting AIDS in Africa may be Bush’s legacy
(Cape Town, South Africa) In her AIDS-scarred South African township, Sweetness Mzolisa leads a chorus of praise for George W. Bush that echoes to the deserts of Namibia, the hills of Rwanda and the villages of Ethiopia.
Like countless Africans, Mzolisa looks forward to Barack Obama becoming America’s first black president …
Tags: Africa Aids, Africa South, Africans, aids, Aids Africa, Aids In Africa, barack obama, Cape Town South Africa, Deserts, Echoes, First Black President, George Bush, George W Bush, Legacy, Namibia, Rwanda, South African Township, SweetnessBush defends his presidency
(Washington) By turns wistful, aggressive and joking in the final news conference of his presidency, President George W. Bush vigorously defended his record Monday but also offered an extraordinary listing of his mistakes - including his optimistic Iraq speech before a giant “Mission Accomplished” banner in 2003.
After starting what he …
Tags: Final News, George Bush, George W Bush, Iraq, Mission Accomplished Banner, News Conference, Presidency, President Bush, President George W Bush
