Gay Groups Prepare For Prop. 8 Decision
Gay groups across the nation are preparing for Tuesday’s ruling by the California Supreme Court on the state’s controversial gay marriage ban, Proposition 8. The court announced Friday it would hand down its decision Tuesday morning at 10AM. Justices will rule on a lawsuit that seeks to invalidate the November results of a referendum that placed a gay marriage ban in the California Constitution. Proposition 8 effectively overturned the high court’s 4 to 3 decision that legalized gay marriage last May and put an end to the thousands of gay and lesbian marriages that took place during the June-to-November “summer of love” when gay marriage was legal. The court will also rule on the fate of 18,000 marriages. Gay marriage proponents began preparing for the decision in March, shortly after the court heard oral arguments. The largest event is being organized by veteran gay activists Robin Tyler and Andy Thayer. The Day of Decision is a large, multi-state demonstration scheduled to take place on Tuesday night, just hours after gay activists learn whether they will be celebrating or protesting the court’s decision. California activities connected to the event include: In San Francisco a prayer service at Grace Cathedral is scheduled for Monday at 7PM, while a blessing on Tuesday at St. Francis Lutheran Church begins at 8:30AM; On Tuesday in Los Angeles, a rally will take place outside the County Marriage License Office at 12AM and a rally and march begins at 7PM in the West Hollywood neighborhood; Activists will gather at 7PM Tuesday for a rally at the Palm Springs Courthouse; And San Diegans will rally Tuesday at 5PM at Balboa Park.
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Ruling could mean civil unions for all in Calif.
he California Supreme Court could decide that there are two kinds of same-sex couples: those who can’t get married, and those who already did.
A ruling that upholds both voters’ November decision to ban gay marriage and the 18,000 same-sex marriages conducted earlier in California could come off as a safe compromise. But it also promises to keep alive an issue that has split the state as few others have.
Such a decision would give same-sex marriage advocates an avenue to pursue a federal appeal, and an argument for compelling the state to, as Associate Justice Ming Chin put it, “get out of the marriage business.”
Justices on the high court appear hesitant to overturn Proposition 8, while also reluctant to invalidate same-sex marriages performed before it passed, legal observers agreed Friday.
During Thursday’s oral arguments on a trio of lawsuits seeking to overturn the ban, Chin and Chief Justice Ronald George seemed to anticipate the difficulty in reconciling the state constitution’s promise of equality with its commitment to giving voters wide discretion to pass laws.
See Ruling could mean civil unions for all in Calif.
The Associated Press
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Asian Pacific Islander Equality Closely Watches Oral Arguments on Marriage Equality
Los Angeles – On March 5, 2009, the California Supreme Court will hear oral arguments on Proposition 8, a measure revoking marriage rights for lesbian, gay, bisexual, and transgender (LGBT) people. API Equality – LA, an organization that has worked diligently for Marriage Equality rights since 2005, hopes the Supreme Court will invalidate the proposition, one that affects the lives of thousands of Asian and Pacific Islanders.
“The real threat of Prop. 8 is not just against lesbian, gay, bisexual, and transgender Californians, it is against all Californians,” said Karin Wang, Vice President of Asian Pacific American Legal Center and API Equality – LA steering committee member. “A core purpose of the California Constitution is to ensure that the law treats all people equally, including minority groups. If upheld, Prop. 8 will set a dangerous precedent, where a simple majority vote is able to strip away the fundamental rights of a protected minority group.”
According to the Williams Institute, a LGBT think tank based at UCLA, there are approximately 66,000 LGBT Asian and Pacific Islanders living in California—the largest in the nation. If Prop 8 is allowed to stand , the fundamental right of same-sex couples to marry will be stripped from them.
API Equaltiy - LA is a coalition of organizations and individuals working to build support for equal marriage rights and fair treatment of lesbian, gay, bisexual and transgender (LGBT) people in the greater Los Angeles Asian and Pacific Islander community. For more information, call 323-860-7348 or visit, http://apiequalityla.org/
Please view the “Our Stories” section of the website to read stories about API’s and how Prop 8 affected their lives: http://www.apiequalityla.org/ourstories.php
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Today is a turning point. And, as Harvey Milk used to say so often, we’re “here to recruit you.”
A few minutes ago, the California Supreme Court heard the final oral arguments in the case to overturn Proposition 8. Within 90 days, we will know whether the court will restore equal rights or uphold injustice.
No matter what the state Supreme Court decides, the fight for equality will continue in California and across the country.
If we win, the same people who backed Prop 8 will find another way to undermine equal rights. If we lose, we will need to take our case to the people of California again. No matter what, we’ll eventually need to win full equality under federal law.
At nearly 700,000 members and growing, the Courage Campaign is building an army to prepare for this fight — the kind of people-powered movement that Harvey Milk would lead. A movement that proudly portrays — and tells the stories of — the people victimized by the discrimination of Prop 8, “Don’t Ask, Don’t Tell” and the Defense of Marriage Act.
We’re here to recruit you. Will you help the Courage Campaign build this movement? Please contribute what you can today to restore marriage equality to California and bring equal rights to America:
http://www.couragecampaign.org/BuildTheMovement
Harvey Milk understood the need to organize communities from the bottom-up, the need for gay, lesbian, bi-sexual and transgender people to be out and proud as leaders in this movement, and the need for straight allies to join them in solidarity.
That’s why we worked so hard to get the film “Milk” to movie screens across America. We wanted to show a new generation of Americans how Harvey organized to win landmark victories in the fight for equal rights.
Just like Harvey did in 1978 when he led the movement to defeat the “Briggs Initiative,” the Courage Campaign is organizing across California to repeal Prop 8 — training marriage equality activists at “Camp Courage” events, launching Equality Teams county-by-county, and producing online videos like the heartbreaking “Fidelity,” viewed by more than 1 million people.
The only way we will win true equality in California and across the country is by giving people the power to do it themselves. And that’s what the Courage Campaign is doing. Please contribute what you can afford today to help the Courage Campaign build this people-powered army from the ground up:
http://www.couragecampaign.org/BuildTheMovement
Thank you for joining us in supporting the Courage Campaign.
Sean Penn, Gus Van Sant, Dustin Lance Black, Cleve Jones, Bruce Cohen and Dan Jinks
“Milk” Actor, Director, Screenwriter, Historical Consultant and Producers
…………..
Courage Campaign Issues is part of the Courage Campaign’s online organizing network that empowers nearly 700,000 grassroots and netroots activists to push for progressive change in California. * Tags = gay men gay news lesbian news transgender bisexual
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Original source : http://gay_blog.blogspot.com/2009/03/today-is-turn…
EQCA Executive Director Geoff Kors: “Prop. 8 destroys the fundamental principle of equal protection”
“By taking away a fundamental right from one group, Prop. 8 destroys the fundamental principle of equal protection – a principle codified in our Constitution and intended to protect minority groups from the oppression of the majority. Without the right to equal protection, every Californian risks discrimination at the ballot box.
“Equality California has sued on behalf of our members to invalidate Prop. 8. Today, our team of attorneys, led by the National Center for Lesbian Rights, Lambda Legal, and the ACLU, argued that Prop. 8 usurps the guarantee of equal protection and bypasses our legal safeguards. More than 300 leading civil rights organizations, legal scholars, and faith leaders submitted amicus briefs to the court, indicating their support of our argument. And this week, the state Assembly and state Senate passed resolutions stating their belief that Prop. 8 is an invalid revision to the Constitution.
“But victory in the courts is far from certain and no matter the outcome, the work to achieve acceptance and understanding must continue. Prop. 8 showed how much work there is left to be done and invalidating that discriminatory, unconstitutional amendment is just the beginning.
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Equality California (EQCA) is the largest statewide lesbian, gay, bisexual, transgender-rights advocacy organization in California. In the past decade, EQCA has strategically moved California from a state with extremely limited legal protections for LGBT individuals to a state with some of the most comprehensive civil-rights protections in the nation. EQCA has passed over 50 pieces of legislation and continues to advance equality through legislative advocacy, public education and community empowerment. www.eqca.org
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Attorneys Urge California Supreme Court To Invalidate Prop 8
(San Francisco, CA, March 5, 2009) Attorneys for same-sex couples, civil rights organizations and the state Attorney General’s office appeared before the California Supreme Court today to urge the court to strike down Proposition 8, which took away the right of same-sex couples the right to marry. At issue in the case is whether the ballot initiative process can be used to take away a fundamental right only for one group of Californians based on a trait – in this case sexual orientation – that has no relevance to the group’s ability to participate in or contribute to society. Because the case has serious implications for the constitutional rights of all Californians, it has generated unprecedented support from many national and state civil rights groups as well as California legislators, local governments, bar associations, business interests, labor unions, and religious groups. The California Supreme Court, which has struck down several other initiatives in the past, is expected to issue a decision within 90 days.
“Proposition 8 jeopardizes not just the right of same-sex couples to marry, but the rights of all Californians to be treated as free and equal citizens of this state,” said Shannon P. Minter, Legal Director of the National Center for Lesbian Rights (NCLR), who argued the case before the Court. “Our Constitution is based on the principle that majorities must respect minority rights. But if a majority can change the Constitution to take away a fundamental right from one group, then it can take away fundamental rights from any group. Our government will have changed from one that respects minority rights to one in which the power of the majority is unlimited.”
NCLR, Lambda Legal, and the ACLU filed the legal challenge on November 5, after Proposition 8 was approved by just 52 percent of the voters on Election Day. In court today, the groups argued that it was improper for the proponents of Proposition 8 to use the ballot initiative process to strip same-sex couples of the fundamental right to marry. The groups contend that changes to the Constitution that alter its core requirement of equal protection by selectively depriving minorities of fundamental constitutional rights cannot be accomplished through a simple majority vote. Such major changes of core structural principles are revisions to the Constitution that can only be put on the ballot by a two-thirds vote of both houses of the legislature.
“It is simply wrong—legally and socially—to short-circuit the California Constitution and its equal protection guarantees,” said Jennifer C. Pizer, Marriage Project Director for Lambda Legal and co-counsel in the legal challenge to Proposition 8. “Proposition 8 is no ‘garden variety’ amendment that changes a tax or zoning or safety rule in a way that affects everyone equally. This is a radical attempt to strip a cherished constitutional right from just one targeted minority group and then to stop the courts from doing their most basic job of upholding the constitutional promise of ‘liberty and justice for all’.”
The case before the court is unprecedented because no other initiative-amendment has successfully taken away a fundamental right only for a particular minority. Because Proposition 8 would, for the first time, change the Constitution in a way that strips a minority group of its constitutional right to equal treatment under the law, California Attorney General Jerry Brown agrees that Proposition 8 should be struck down. The Attorney General’s office argued that the right to marry is an “inalienable right” that can not be selectively eliminated from one group without compelling reasons.
“The Court has a solemn responsibility to enforce our state constitution and to protect the rights of all people, regardless of popular opinion,” said Elizabeth Gill, a staff attorney with the ACLU of Northern California. “This case isn’t just about marriage, and it’s certainly not just about gay and lesbian couples. If the Court strikes down Proposition 8, it will be protecting the civil rights of all Californians.”
An unprecedented 43 friend-of-the-court briefs, representing hundreds of religious organizations, civil rights groups, and labor unions, and numerous California municipal governments, bar associations, and leading legal scholars, were filed in the case, urging the court to strike down the initiative. Because the issues at stake have such important implications for other minority groups, Raymond Marshall of Bingham McCutchen, who represents the Asian Pacific American Legal Center, the California State Conference of the NAACP, the Equal Justice Society, the Mexican American Legal Defense and Educational Fund, and the NAACP Legal Defense and Educational Fund, asked and was given permission to appear in court today. He argued that allowing Proposition 8 to stand could be detrimental to other minority groups who could easily become the targets of initiative campaigns seeking to take away their rights.
“Our state Constitution was created to ensure equal treatment under the law for every Californian,” said Geoff Kors, Executive Director of Equality California. “Prop 8 changes that fact by taking away a fundamental freedom from one particular group and mandating government discrimination against a minority. We hope the court upholds the Constitution’s promise of equality.”
The National Center for Lesbian Rights, Lambda Legal, and the ACLU are representing Equality California, whose members include many same-sex couples who married between June 16 and November 4, 2008, and six same-sex couples who want to marry in California. The arguments today also included two other challenges filed on the same day: one filed by the City and County of San Francisco (joined by Santa Clara County and the City of Los Angeles, and subsequently by Los Angeles County and other local governments); and another filed by a private attorney.
Serving as co-counsel on the case with NCLR, Lambda Legal, and the ACLU are the Law Office of David C. Codell, Munger, Tolles & Olson LLP, and Orrick, Herrington & Sutcliffe LLP.
The case is Strauss et al. v. Horton et al. (#S168047). For more information, go to: http://www.courtinfo.ca.gov/courts/supreme/highprofile/prop8.htm
The California Supreme Court must issue its decisions within 90 days of oral argument.
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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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Prop 8 in court today: Stop Ken Starr from divorcing loving couples!
This morning, before the California Supreme Court, Ken Starr will argue for the forcible divorce of 18,000 loving same-sex couples who married before Proposition 8 passed.
Starr has said the marriage ban should stand because of the state’s role in protecting the welfare of children.
The hypocrisy of “protecting” children by divorcing their parents is unconscionable. Yet this is just one in a parade of outrageous lies by right-wing extremists.
So HRC is launching a new campaign to expose this dishonest fear-mongering against equality – to counteract the lies with respectful dialogue and grassroots action.
Sign our first petition at EndtheLies.org – Tell Ken Starr to stop using lies about child “welfare” to divorce loving parents.
Since it’s no longer as acceptable to display open bigotry against LGBT people, the right-wing has resorted to lies and fear tactics. Take Ken Starr’s statement that same-sex marriage amounts to “seizing and hijacking the marriage relationship in order to achieve apartheid-type values.”
HRC’s EndtheLies.org campaign will help us combat these untruths in the media, in Congress, in our statehouses, schools, workplaces and faith communities. And that will be key during the brewing battle over hate crimes legislation – which the right-wing is already trying to drag into the gutter.
They say that hate crimes laws will criminalize pastors and “do away with our freedom of speech.”
They spent millions during the Prop. 8 campaign telling Californians that marriage equality was corrupting schoolchildren and eroding their “moral character.”
They’re running absurd ads that suggest transgender anti-discrimination measures will lead to men attacking women and girls in public restrooms.
We’ve exposed dozens more outrages at EndtheLies.org – check it out and sign our Ken Starr petition today.
Right-wing extremists will keep spreading these lies as long as no one holds them accountable. They will continue to raise money hand-over-fist and use lies to block hate crime and workplace protections, marriage equality, HIV/AIDS funding, and the repeal of Don’t Ask, Don’t Tell.
That’s why YOUR action is so critical. These lies aren’t just offensive – they stand in the way of basic fairness and equality.
EndtheLies – starting with Ken Starr’s!
Last night, HRC joined with other groups to sponsor Marriage Equality USA’s “Eve of Justice” vigils across California. Today, hundreds of protestors will gather outside the courthouse in San Francisco during the oral arguments. The court will issue a ruling within 90 days. This is one of those rare moments in our movement when we can shine a light and change hearts and minds – please spread the word to family and friends.
Warmly,
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Gay couples hold vigils urging justices to end Prop. 8
As rain fell and the song “Fidelity” blasted through the sound system, Los Angeles Mayor Antonio Villaraigosa presided Wednesday night over the “recommitment ceremonies” of a half-dozen gay couples who married during the five-month period that such weddings were legal in California.It was one of dozens of vigils held across California hours before the state Supreme Court hears oral arguments in the legal challenges to Proposition 8, the November ballot measure that banned same-sex marriage.
Many of the 200 or so people who attended Los Angeles’ vigil said they did not expect their demonstration to influence the justices who will decide whether Proposition 8 is valid.But they did want to send a public message, “to put a face on the issue,” as Kate Kuykendall put it. Kuykendall, 32, of El Segundo, wore a white wedding dress. She and her wife, Tori, 32, are featured in a video set to the Regina Spektor song “Fidelity,” which has become the gay marriage anthem.Events were held Wednesday night in cities and towns across California, from San Francisco to San Diego, as well as in Florida and Arizona — a sign that the political struggle will continue if the court rules against them, activists said. See Gay couples hold vigils urging justices to end Prop. 8
Los Angeles Times * Tags = gay men gay news lesbian news transgender bisexual
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California Supreme Court may reveal stance on Prop. 8 on Thursday
eporting from San Francisco — The California Supreme Court may reveal Thursday whether it intends to uphold Proposition 8, and if so, whether an estimated 18,000 same-sex marriages will remain valid, during a high-stakes televised session that has sparked plans for demonstrations throughout the state.
By now, the court already has drafted a decision on the case, with an author and at least three other justices willing to sign it. Oral arguments sometimes result in changes to the draft, but rarely do they change the majority position. The ruling is due in 90 days. See California Supreme Court may reveal stance on Prop. 8 on Thursday
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