Judge 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, VoteFederal 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
* Tags = gay men gay news lesbian news transgender bisexual
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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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Gay rights advocates rip suit to undo Prop. 8
Gay rights advocates Wednesday blasted two veteran attorneys for filing a federal lawsuit seeking to overturn Proposition 8, California’s voter-approved same-sex marriage ban, saying the move is premature and could be disastrous for the marriage movement.
While they knew of the objections, attorneys Theodore B. Olson and David Boies - who opposed each other during the 2000 Bush v. Gore presidential election case - filed the suit Friday in San Francisco on behalf of two same-sex couples who wanted to be married but were denied because of Prop. 8.
The suit claims the voter-approved measure, which the California Supreme Court affirmed Tuesday, denies same-sex couples the basic liberties and equal protection under the law guaranteed by the 14th Amendment. It asks for a preliminary injunction against Prop. 8 until the case is decided.
Olson said he filed the case not only on behalf of his clients, who include Berkeley residents Kris Perry and Sandy Stier, but on behalf of gay couples elsewhere who want to get married but can’t.
“We can’t tell them to wait, what, five years” for their state to approve same-sex marriage, he said, but acknowledged that it could take two years for his case to reach the U.S. Supreme Court.
While Olson shares the same end goal as same-sex marriage advocates, he doesn’t share their political strategy - to win states individually, with ballot initiatives or laws approved by state legislatures. Several same-sex marriage advocates intend to put the issue to voters in November 2010.
Olson thinks both strategies can work simultaneously. But many gay legal advocates are urging same-sex couples to avoid filing federal lawsuits because federal courts have not been as friendly to gay rights issues See * Gay rights advocates rip suit to undo Prop. 8 San Francisco Chronicle Tags = gay men gay news lesbian news transgender bisexual
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Original source : http://gay_blog.blogspot.com/2009/05/gay-rights-ad…
Prop 8 ruling moves to federal court
(San Francisco, California) Hours after California’s top court upheld Proposition 8, the voter approved ban on same-sex marriage, a federal lawsuit was filed arguing that Prop 8 violates the U.S. constitutional guarantee of equal protection and due process.
The lawsuit seeks a preliminary injunction against California’s Proposition 8 until the case is resolved.
The …
Tags: California Court, Constitutional Guarantee, Due Process, Federal Lawsuit, Injunction Against, marriage, Preliminary Injunction, same sex marriage, San Francisco CaliforniaACLU Sues Nassau County Schools to Enforce Right of Gay Straight Alliance to Meet at Yulee High School and Yulee Middle School
The SBNC superintendent said in a letter denying access to the GSA that groups with names referencing a specific sexual orientation would not be recognized and that even if the group changed its name to one not communicating a gay-specific mission, approval was uncertain.
“We just want the club so that straight and gay kids can get together to talk about harassment and discrimination against gay kids in an open environment. The school is discriminating against us and that’s exactly the kind of thing we want to talk about and prevent,” said Hannah Page, ACLU plaintiff and student at Yulee High School. “Other clubs and groups are allowed to meet on campus and we have that right too.”Bullying of LGBT students in Nassau County Schools is a serious problem. Plaintiffs Hannah Page and Jacob Brock, who are gay, report that students have threatened to beat them up based on their sexual orientation, and both are routinely called derogatory names at school.
GSAs are student organizations made up of straight and gay students who wish to advocate for an end to bullying, harassment, and discrimination against lesbian, gay, bisexual, and transgender (”LGBT”) students. There are over 4,000 GSAs in the U.S., according to the Gay, Lesbian and Straight Education Network (GLSEN).
The federal Equal Access Act requires schools to grant access and official recognition to a GSA (and most other student groups) if the school allows any extracurricular groups to meet on campus. SBNC denied the Yulee GSA access and official recognition even though other student organizations, such as the Fellowship of Christian Athletes, meet regularly at YHS and YMS.
“We are taking a stand today because gay students are entitled to a safe and secure education. Gay and lesbian students deserve schools that heed the rule of law,” said Robert Rosenwald, Director of the ACLU of Florida’s LGBT Advocacy Project. “These students are trying to bring a message of equality and openness, and the lesson they are being taught is that
Yulee High School administrators believe discrimination against LGBT students is an acceptable policy. Discrimination and harassment by students will never end as long as schools discriminate themselves.”
The ACLU filed the suit alleging violations of the First Amendment and the Federal Equal Access Act, and seeks a preliminary injunction to force school officials to allow the GSA to meet at Yulee High School while the litigation makes its way to trial.
The ACLU of Florida recently won a similar federal case when school officials in Okeechobee, Florida refused to allow a GSA to meet at Okeechobee High School. The judge ruled that schools must provide for the well-being of gay students and cannot discriminate against the GSA. The Okeechobee County School Board paid $326,000.00 in attorneys’ fees for refusing to follow the law in that case. You can read more about the Okeechobee case at: http://www.aclufl.org/news_events/?action=viewRelease&emailAlertID=3654
The lawsuit was filed today in the Jacksonville Division of the U.S. District Court for the Middle District of Florida. Robert Rosenwald, director of the ACLU of Florida’s LGBT Advocacy Project, is lead counsel for the ACLU’s case, Gay-Straight Alliance of Yulee High School v. School Board of Nassau County. LGBT Advocacy Project staff attorney Shelbi Day, ACLU of Florida legal director Randall Marshall, and associate legal director Maria Kayanan will also represent the plaintiffs.
A copy of the Complaint can be viewed at: http://www.aclufl.org/pdfs/YuleeComplaint.pdf
A copy of the motion for preliminary injunction can be viewed at: http://www.aclufl.org/pdfs/YuleePI.pdf
Students can learn more about their rights by downloading a free copy of the ACLU of Florida’s Student Rights Handbook at: www.aclufl.org.
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Original source : http://gay_blog.blogspot.com/2009/02/aclu-sues-nas…
ACLU Sues Nassau County Schools to Enforce Right of Gay Straight Alliance to Meet at Yulee High School and Yulee Middle School
The SBNC superintendent said in a letter denying access to the GSA that groups with names referencing a specific sexual orientation would not be recognized and that even if the group changed its name to one not communicating a gay-specific mission, approval was uncertain.
“We just want the club so that straight and gay kids can get together to talk about harassment and discrimination against gay kids in an open environment. The school is discriminating against us and that’s exactly the kind of thing we want to talk about and prevent,” said Hannah Page, ACLU plaintiff and student at Yulee High School. “Other clubs and groups are allowed to meet on campus and we have that right too.”Bullying of LGBT students in Nassau County Schools is a serious problem. Plaintiffs Hannah Page and Jacob Brock, who are gay, report that students have threatened to beat them up based on their sexual orientation, and both are routinely called derogatory names at school.
GSAs are student organizations made up of straight and gay students who wish to advocate for an end to bullying, harassment, and discrimination against lesbian, gay, bisexual, and transgender (”LGBT”) students. There are over 4,000 GSAs in the U.S., according to the Gay, Lesbian and Straight Education Network (GLSEN).
The federal Equal Access Act requires schools to grant access and official recognition to a GSA (and most other student groups) if the school allows any extracurricular groups to meet on campus. SBNC denied the Yulee GSA access and official recognition even though other student organizations, such as the Fellowship of Christian Athletes, meet regularly at YHS and YMS.
“We are taking a stand today because gay students are entitled to a safe and secure education. Gay and lesbian students deserve schools that heed the rule of law,” said Robert Rosenwald, Director of the ACLU of Florida’s LGBT Advocacy Project. “These students are trying to bring a message of equality and openness, and the lesson they are being taught is that
Yulee High School administrators believe discrimination against LGBT students is an acceptable policy. Discrimination and harassment by students will never end as long as schools discriminate themselves.”
The ACLU filed the suit alleging violations of the First Amendment and the Federal Equal Access Act, and seeks a preliminary injunction to force school officials to allow the GSA to meet at Yulee High School while the litigation makes its way to trial.
The ACLU of Florida recently won a similar federal case when school officials in Okeechobee, Florida refused to allow a GSA to meet at Okeechobee High School. The judge ruled that schools must provide for the well-being of gay students and cannot discriminate against the GSA. The Okeechobee County School Board paid $326,000.00 in attorneys’ fees for refusing to follow the law in that case. You can read more about the Okeechobee case at: http://www.aclufl.org/news_events/?action=viewRelease&emailAlertID=3654
The lawsuit was filed today in the Jacksonville Division of the U.S. District Court for the Middle District of Florida. Robert Rosenwald, director of the ACLU of Florida’s LGBT Advocacy Project, is lead counsel for the ACLU’s case, Gay-Straight Alliance of Yulee High School v. School Board of Nassau County. LGBT Advocacy Project staff attorney Shelbi Day, ACLU of Florida legal director Randall Marshall, and associate legal director Maria Kayanan will also represent the plaintiffs.
A copy of the Complaint can be viewed at: http://www.aclufl.org/pdfs/YuleeComplaint.pdf
A copy of the motion for preliminary injunction can be viewed at: http://www.aclufl.org/pdfs/YuleePI.pdf
Students can learn more about their rights by downloading a free copy of the ACLU of Florida’s Student Rights Handbook at: www.aclufl.org.
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Original source : http://gay_blog.blogspot.com/2009/02/aclu-sues-nas…
“Will of the Voters” must be obeyed - unless it embarrasses those thin skinned Marriage Ban Donors
SAN FRANCISCO — In many ways it is a typical map, showing states, highways, cities and streets.
But also dotting the online display are thousands of red arrows, marking spots from Bryn Mawr, Pa., to Jamacha, Calif., identifying the addresses of donors who supported Proposition 8, which outlawed same-sex marriage in California.
It is exactly those arrows that concern supporters of the measure, who say they have been regularly harassed since the election — with threatening e-mail messages and sometimes boycotts of their businesses.
“Some gay activists have organized Web sites to actively encourage people to go after supporters of Proposition 8,” said Frank Schubert, the campaign manager for Protect Marriage, the leading group behind the proposition. “And giving these people a map to your home or office leaves supporters of Proposition 8 feeling especially vulnerable. Really, it is chilling.”
So chilling, apparently, that supporters have filed suit in Federal District Court in Sacramento seeking a preliminary injunction of a state election law that requires donors of $100 or more to disclose their names, addresses, occupations and other personal information. In particular, the suit seeks to stop the final filing for the 2008 election, which is due Jan. 31. That filing includes donations made in the closing days of the campaign, when the proposition surged to victory.
James Bopp Jr., a lawyer from Indiana who filed the lawsuit on the behalf of Protect Marriage, said the harassment of Proposition 8 supporters violated their constitutional rights of free speech and assembly.
“The cost of transparency cannot be discouragement of people’s participation in the process,” said Mr. Bopp, who has argued several prominent cases challenging campaign-finance laws in California and other states. “The highest value in the First Amendment is speech, and some amorphous idea about transparency cannot be used to subvert those rights.”
The election law in question, the Political Reform Act of 1974, was approved by California voters as Proposition 9, and gay rights advocates say there is rich irony in supporters of Proposition 8 opposing the earlier ballot measure.
“They believe in the will of the people if it’s in tune with what they believe,” said Jennifer C. Pizer, marriage project director with Lambda Legal, the gay rights legal organization, in Los Angeles.
Opponents of Proposition 8 are also suspicious of the intent of trying to prevent donors from being identified. “Do they want to hide something?” said Shannon P. Minter, legal director of the National Center for Lesbian Rights in San Francisco. See Marriage Ban Donors Feel Exposed by List New York Times
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Original source : http://gay_blog.blogspot.com/2009/01/will-of-voter…
