Archive for May, 2009
-
Legal scholars have observed that proponents of gay marriage have avoided taking the issue to federal court so far because of the dominance of conservative judges and justices on the federal bench after the eight-year tenure of President George W. Bush.
The U.S. Supreme Court has what usually results in a 5-4 majority against extending rights to gays by recognizing sexual orientation as a vulnerable class of citizens in need of protection.
And all but one of the 13 federal appeals circuits has a reliable conservative majority. Even the exception, the San Francisco-based U.S. 9th Circuit Court of Appeals, experienced a curtailing of its liberal orientation with Bush’s seven appointments.
-
Two of the nation's top litigators who opposed each other in the Bush v. Gore election challenge in 2000 have joined forces to seek federal court intervention in California's gay marriage controversy.
Theodore B. Olson and David Boies have filed a U.S. District Court lawsuit on behalf of two gay men and two gay women, arguing that the California constitutional amendment eliminating the right of gay couples to marry violates the U.S. constitutional guarantee of equal protection and due process.
Olson said today that he hopes the case will wind up before the U.S. Supreme Court.
The lawsuit seeks a preliminary injunction against California's Proposition 8 until the case is resolved.
-
This morning's state Supreme Court decision to uphold the Prop 8 gay marriage ban has one gay rights group thinking about the next ballot box battle. The question: When should gay marriage supporters put their own initiative up for a vote?
Equality California, which says it's the largest lesbian, gay, bisexual, transgender-rights advocacy organization in the state, has concluded that sooner is better than later. Here's why, according to a release the group put out this morning:
Momentum. The issue is hot now and pro-gay marriage volunteers are ready to go.
Top of the ticket. The leading Democratic contenders for governor and other statewide offices in 2010 support overturning Prop 8.
Vying for national attention. Wait and risk competing gay marriage initiatives around the country that could split supporters' money. And a 2012 measure would have to compete for campaign dollars with President Barack Obama's likely re-election run.
-
At a news conference in the state capital, leaders of the Yes on 8 campaign, ProtectMarriage.com, applauded the court’s ruling but said they would continue with multimillion-dollar public education and a political action effort in anticipation of a new campaign by the measure’s opponents to overturn it with another initiative.
“We know that they will be back and that they will attempt to alter the constitution in their favor, and that has not been successful by the people in any state thus far,†said campaign Chairman Ron Prentice.
-
CBS 2 HD has learned that former NYPD Commissioner Bernard Kerik has been indicted by a federal grand jury in Washington on charges of making false statements to White House officials during his vetting for the position of Secretary of the U.S. Department of Homeland Security.
According to the indictment, Kerik, in 1999 and 2000 when he was NYPD commissioner, spoke to city regulators on behalf of contractors who were seeking one or more permits to do business in and with the city.
-
North Korea defied international condemnation of its latest nuclear test by firing two short-range missiles off its east coast on Tuesday and major powers considered tougher action against the isolated communist state.
With tension in the region high, South Korea said it would join a U.S.-led initiative to intercept ships suspected of carrying weapons of mass destruction, something Pyongyang has warned it would consider a declaration of war.
-
Sotomayor is just as liberal as Souter on social issues like affirmative action and abortion, but far more liberal even than Souter on economic issues, such as punitive damages, preemption, and employment law. The Supreme Court, including Justice Souter, unanimously reversed her decision in the Dabit case, where she allowed lawsuits that were preempted by a federal law (SLUSA).
Business will likely lose billions of dollars over time as a result of her replacing Souter. That probably won’t bother Obama, given that “Obama has regretted that the Supreme Court ‘didn’t break free’ from legal constraints to bring about ‘redistribution of wealth.’â€
-
Whether born from experience or inherent physiological or cultural differences, a possibility I abhor less or discount less than my colleague Judge Cedarbaum, our gender and national origins may and will make a difference in our judging. Justice O'Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases. I am not so sure Justice O'Connor is the author of that line since Professor Resnik attributes that line to Supreme Court Justice Coyle. I am also not so sure that I agree with the statement. First, as Professor Martha Minnow has noted, there can never be a universal definition of wise. Second, I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life.
-
The California Supreme Court on Amendment vs. Revision:
Under the California Constitution, the initiative can be used for constitutional "amendments" but not constitutional "revisions"; see this post for more, including the constitutional text that strongly suggests this. Here's the California Supreme Court's explanation for why Prop. 8 is a constitutionally permissible "amendment" and not an impermissible "revision" (all emphases in original):
-
The danger is that Twitter will keep reporters off the streets and in front of their screens, that it will further skew journalism toward seeking out, listening to and serving the young, the hip, the technically sophisticated, the well-off — in short, the better-connected. The people who aren't being heard now aren't sending out tweets.
-
After Obama assumed office in January, whatever hesitation that existed in North Korea's policy-making circles regarding the likely response of U.S. administration has disappeared, and its leadership now feels it can defy the U.S. and the international community with impunity.
A series of actions taken by the Obama administration have created an impression in Iran, the "Af-Pak" region, China and North Korea that Obama does not have the political will to retaliate decisively to acts that are detrimental to U.S. interests, and to international peace and security.
-
During his remarks this morning, President Obama pointed out that Sotomayor was appointed as a district court judge in 1992 by Republican George H. W. Bush. But a friend on Capitol Hill notes this bipartisan talking-point is empty. The following 1992 New York Law Journal article explains that Sotomayor was nominated as part of a compromise in which Democratic Senator Moynihan was allowed to recommend judges for two of the seven vacancies:
-
Pamela S. Karlan is a champion of gay rights, criminal defendants’ rights and voting rights. She is considered brilliant, outspoken and, in her own words, “sort of snarky.†To liberal supporters, she is an Antonin Scalia for the left.
-
Iran's President Mahmoud Ahmadinejad on Monday rejected a Western proposal for it to "freeze" its nuclear work in return for no new sanctions and ruled out any talks with major powers on the issue.
The comments by the conservative president, who is seeking a second term in a June 12 election, are likely to further disappoint the U.S. administration of President Barack Obama, which is seeking to engage Iran diplomatically.
-
Iran has sent six warships to international waters, including the Gulf of Aden, to show its ability to confront any foreign threats, its naval commander said on Monday.
Admiral Habibollah Sayyari, quoted by the ISNA news agency, made the announcement five days after Iran said it test-fired a surface-to-surface missile with a range of 2,000 km (1,200 miles), putting Israel and U.S. bases in the area within reach.
Iran said on May 14 it had sent two warships to the Gulf of Aden to protect oil tankers from the world's fifth-largest crude exporter against attacks by pirates but ISNA did not make clear whether they were among the six Sayyari talked about.
Iranian waters stretch along the Gulf, the Strait of Hormuz and the Sea of Oman. Iran has threatened to block the Strait of Hormuz, through which about 40 percent of the world's traded oil is shipped, if it were attacked over its nuclear programme.
1 Comment »
NIce spin away for Obama to nominate his Supreme Court nominee today after North Korea test fires missiles and conducts a nuclear explosion in violation of United Nation’s Resolutions and American diplomacy over the long Memorial Day weekend.
But, North Korea is not cooperating.
North Korea launched an additional short-range missile from its east coast Tuesday night, an official at the South Korean presidential office said Wednesday.
“The North appears to have launched a ground-to-ship missile into the East Sea shortly after 9 p.m. Tuesday,” the official said, asking not to be identified. Pyongyang had launched two short-range missiles from its east coast earlier Tuesday, following its supposed nuclear test the day before.
Officials here believe the missile launches are partly aimed at preventing South Korean and U.S. reconnaissance planes from nearing the communist state to verify its claimed nuclear test.
In the meantime, President Obama is on his way to Las Vegas where he is to raise money for Democrat Senate Majority Leader Dingy Harry Reid’s 2010 re-election race.
It is a dangerous world out there, Mr. President.
Technorati Tags: Barack Obama, North Korea
Tags: Barack Obama, North Korea
5 Comments »
I am still waiting some photos from friends who were with me at the end of the race and will post them when they are e-mailed to me. Above is the medal for my 2009 race. My results are here.
No, I am not a speed demon on the course and walked all of the way – except the obligatory jog at the start. But, I finished, am generally pleased at the result and would have easily gone under 10 hours lest a few waits for a friend.
Now, the goal is to train and pick up the pace although I think I will start with the 5K first.
Here is yesterday’s course:
And, finally Mrs. Flap, Armando and me:
Photo post Marathon by Diane
Technorati Tags: Los Angeles Marathon
Tags: Los Angeles Marathon
1 Comment »
This provocative new TV ad was created in the spirit of Harvey Milk’s call to “come out, come out wherever you are” and proudly tell the stories of the people most affected by the passage of Prop 8 — in moving images set to the beat of Regina Spektor’s beautiful song “Fidelity”.
The Courage Campaign is already up with ads to repeal California Proposition 8 which restored the traditional definition of marriage (one man and one woman) to the California Constitution last November. The California Supreme Court upheld the measure this morning.
Just minutes after the California Supreme Court decision upholding Prop. 8, the fight for marriage equality is already on again — as the 70,000-member Courage Campaign, a progressive group, has unveiled new ads and an online petition campaign aimed at getting the issue before California voters again.
Rick Jacobs, founder and chair of the Courage Campaign, said in an e-mail statement: “I am disappointed the Court ruled to deny marriage equality to Californians. These are fundamental constitutional rights that cannot be abolished by a ballot initiative. While we were hoping the Court would rule in favor of equality, we have been building the infrastructure to win marriage equality rights at the ballot box. Our members are ready to do the hard work needed to win.”
Do the California Democrat Governor canddiates want to run on gay marriage (since the Big 3 plus 1 Dianne Feinstein, Jerry Brown, Gavin Newsom and Antonio Villaraigosa support gay marriage)?
Steve Poizner, a Republican candidate for Governor has already blasted out an e-mail supporting the California Supreme Courts’ decision:
“The California Supreme Court took the appropriate action today in upholding the will of the people by affirming Proposition 8. The people of California have spoken. They voted decisively that marriage should remain between a man and a woman. That is also my personal view.
“There was much more at stake today than even the issue of gay marriage, as important and emotional as it is for so many people on both sides of the issue. If the Court had overturned Proposition 8, it would have had set a terrible legal precedent, divided Californians even further, undermined support for the judiciary and state government itself while serving as a tremendous blow to the fundamental American concept of government of the people, by the people and for the people.
“Regardless of which way the Court ruled today, a particularly shameful element of this issue has been the Attorney General’s unethical abandonment of his legal responsibility to the people of California. It is no surprise that Jerry Brown politicized and abused his latest position in an unprecedented way in order to play political catch-up with Gavin Newsom.
“As Governor, Brown opposed marriage for gay Californians. As a candidate for Attorney General, Jerry Brown refused to publicly support gay marriage. But once Gavin Newsom gained the upper hand on the issue with Democratic primary votes, Brown used his office as the state’s lawyer to suddenly become an advocate of gay marriage and attempt to subvert the twice expressed will of the people of California. As he enters the fifth decade of his political career, Jerry Brown seems determined to go down in history as the man who was on more sides of more issues than any other California politician.”
This repeal of traditional marriage issue will assure that the social conservative GOP and religious voter base will turn out for mid-term non-Presidential California elections. This will be unfavorable to Democrat candidates.
Can you see the Gavin Newsom vs. Jerry Brown ads in the Democrat Primary election? It will be “whether you like it or not” vs. “I proposed an illogical legal theory and avoided my responsibility to the people of California as Attorney General to help gay marriage.”
Somehow I think the GOP media consultants are licking their chops at the prospect of this highly polarizing campaign. One which either GOP candidates Meg Whitman or Steve Poizner will easily win.
My bet is that the Democrats will ask the Courage Campaign and others to defer until 2012.
Technorati Tags: Gay Marriage, California Proposition 8
Tags: California Proposition 8, Gay Marriage
Comments Off
The California Supreme Court
The California Supreme Court this morning upheld California Proposition 8 (which restored the traditional definition of marriage -one man and one woman) which passed at last November’s election.
The California Supreme Court today upheld Proposition 8′s ban on same-sex marriage but also ruled that gay couples who wed before the election will continue to be married under state law.
The decision virtually ensures another fight at the ballot box over marriage rights for gays. Gay rights activists say they may ask voters to repeal the marriage ban as early as next year, and opponents have pledged to fight any such effort. Proposition 8 passed with 52% of the vote.
Although the court split 6-1 on the constitutionality of Proposition 8, the justices were unanimous in deciding to keep intact the marriages of as many as 18,000 gay couples who exchanged vows before the election.
The marriages began last June, after a 4-3 state high court ruling striking down the marriage ban last May.
The decision/opinion of the California Supreme Court is here.
In summary, we conclude that Proposition 8 constitutes a permissible constitutional amendment (rather than an impermissible constitutional revision), does not violate the separation of powers doctrine, and is not invalid under the “inalienable rights†theory proffered by the Attorney General. We further conclude that Proposition 8 does not apply retroactively and therefore that the marriages of same-sex couples performed prior to the effective date of Proposition 8 remain valid. Having determined that none of the constitutional challenges to the adoption of Proposition 8 have merit, we observe that if there is to be a change to the state constitutional rule embodied in that measure, it must “find its expression at the ballot box.†(In re Marriage Cases, supra, 43 Cal.4th 757, 884 (conc. & dis. opn. of Corrigan, J.); see also id. at pp. 861, 878 (conc. & dis. opn. of Baxter, J.).)
Just as Flap predicted before oral arguments in March.
So, off to the ballot, California is likely headed. But, whether it will be in 2010, 2012 or later is a matter of conjecture.
There are advanatges for gay marriage activists to push the issue into 2010. But, this is a California Governor election year where all of the Democrat candidates support gay marriage and the Republicans support civil unions/domestic partnerships with equitable rights. Will the Democrats who covet the Governorship, now held by Republican Arnold Schwarzenegger really want to run on the gay marriage issue?
Doubtful. And, the e-mail press releases from California Governor candidates are already flying into Flap’s e-mail box.
Yet, in 2012, President Barack Obama will be running for re-election which will again bring unprecedented numbers of African American voters to the polls. These voters supported California Proposition 8 in the last election by significant numbers.
The gay marriage proponents may then seek reddress in the courts since some homosexual couples are considered married and some who did not meet the deadline are not. But, this will be a slow, tedious process in the federal courts where a favorable outcome is not guaranteed for gay marriage.
Stay tuned……..
Previous:
Proposition 8 Aftermath: California Gay Marriage Backers Have Much to Do Before Returning to California Ballot
Poll Watch: Gay Marriage Evenly Splits Californians – Tough Race in 2010
California Supreme Court Appears to Be Ready to Uphold Constitutionality of Proposition 8
California Supreme Court Hears Oral Arguments on Proposition 8 Re: Gay Marriage Today
California Supreme Court to Hear Oral Arguments on Proposition 8 Case March 5
Technorati Tags: Gay Marriage, California Proposition 8
Tags: California Proposition 8, Gay Marriage
Comments Off
As expected the California Supreme Court has upheld the decision of California voters to change the California Consitution to define marriage as one man and one woman.
More later since the California Supreme Court website is down from too much traffic.
Technorati Tags: California Proposition 8, Gay Marriage
Tags: California Proposition 8, Gay Marriage
2 Comments »
Terrorist Detention Facility at Guantanamo Bay, Cuba
And, only 38 per cent agree.
The question:
Do you agree or disagree with President Obama’s decision to close the Guanatanamo Prison Camp?
- Agree – 38%
- Disagree – 49%
- Not Sure – 13%
The support for keeping Guantanamo’s prison camp open declined from 59% last summer to 49% last November to 42% in January. In fact, shortly after the President announced his intention to close the camp, a narrow plurality agreed with him.
Since then, the trends have moved in the opposite direction. The number who want to keep the facility open increased from 42% in January to 46% in April and 49% now. The number who agree with the President’s position has fallen from 44% in January to 38% today.
Most Democrats (61%) now agree with the President on this issue. However, 79% of Republicans and 54% of unaffiliateds hold the opposite view.
Obama does NOT have a plan regarding Guantanamo Bay and it is my bet he changes his mind about closing the facility. He will at first delay the matter and then do nothing when it fades from public view.
Technorati Tags: Guantanamo Bay, Barack Obama
Tags: Barack Obama, Guantanamo Bay
1 Comment »
|
Entries (RSS)