Ruby-Sachs: Supreme Court case pits gay activists v. free speech
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There is a very important case arriving in the Supreme Court tomorrow. Referendum 71 was a ballot initiative in Washington attempting to undo domestic partnership privileges for same-sex couples. Many signed the petition for the law, but ultimately their regressive bid failed. Still, gay rights groups want to release the names from the petition on a searchable website. Under Washington law, that kind of disclosure is mandatory.
But the lawyer for the other side argues that the release of names on the web will lead to the intimidation and harassment of those individuals who signed the petition.
That argument holds little water. Although courts have, in the past, found that harassment did occur against homophobic individuals in the wake of Prop 8, the objective evidence illustrates that there is not one case of harassment or intimidation resulting from the political participation of homophobic individuals. The worst we saw was a highly organized and very legal boycott of certain businesses in California – a political initiative that is the very expression of democracy in the U.S.
However, that doesn’t mean that releasing the names won’t affect free speech in Washington. Individuals who already signed the petition obviously feel that the release of their names will harm their reputation or livliehood (frankly, it should). And that feeling, that fear, results in a chill on free speech. Public petitions might discourage some from signing certain petitions calling for certain laws.
The Supreme Court has to decide if the chill on free speech outweighs the public’s right to access its political process. Is it unconstitutional free speech? If you listen to the presentation tomorrow, you will likely get a feel for how the court is going to decide. The result of this case could seriously affect the political process, certainly around gay marriage, for many years to come.
Transcripts of the oral arguments are available here [2] and the transcripts from this case will be up some time before the end of the day tomorrow.
[1] http://www.365gay.com/wp-content/uploads/news-supreme-court-top.jpg
[2] http://www.supremecourt.gov/oral_arguments/argument_transcripts.aspx
Court considers death sentence for Ohio neo-Nazi
(Washington) The Supreme Court seemed receptive Tuesday to reinstating the death sentence of a flamboyant neo-Nazi convicted of murdering three men in Ohio more than a quarter century ago.
Ohio attorney general Richard Cordray told justices during oral arguments that Frank Spisak had a fair trial and deserves death. Cordray urged …
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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Original source : http://gay_blog.blogspot.com/2009/05/gay-groups-pr…
Florida Supreme Court takes up gay adoption advocacy case
(Tallahassee, Florida) The Florida Supreme Court on Wednesday heard oral arguments as to whether a committee of the Florida Bar Association can present arguments challenging the state’s ban on gays adopting children.
Florida law allows gays to serve as foster parents but not adopt. The law is considered the most repressive of its …
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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Original source : http://gay_blog.blogspot.com/2009/03/ruling-could-…
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
* Tags = gay men gay news lesbian news transgender bisexual
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Original source : http://gay_blog.blogspot.com/2009/03/asian-pacific…
California: Now the Wait Begins
(San Francisco, California) The California Supreme Court heard oral arguments Thursday in a case challenging the constitutionality of Proposition 8. The measure that ended same-sex marriage in the state but a decision on is not expected for up to 90 days.
For three hours, the seven justices hammered away at arguments …
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
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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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Original source : http://gay_blog.blogspot.com/2009/03/eqca-executiv…
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,
Joe Solmonese, HRC President
* Tags = gay men gay news lesbian news transgender bisexual
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Original source : http://gay_blog.blogspot.com/2009/03/prop-8-in-cou…
