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Yes on prop 8 400

Today supporters of California Proposition 8 that restored the traditional definition of marriage (one man and one woman) to the California constitution filed a federal lawsuit which challenges the constitutionality of California’s campaign finance laws.

Acting on behalf of hundreds of supporters of Proposition 8 who have experienced various acts of harassment including death threats at the hands of opponents, the ProtectMarriage.com – Yes on 8 committee today filed a challenge in US federal court to the constitutionality of California’s campaign finance laws that compel disclosure of personal information of Prop 8 donors.

“There has been a systematic attempt to intimidate, threaten and harass donors to the Proposition 8 campaign,” said Ron Prentice, Chairman of ProtectMarriage.com. “This harassment is made possible because of California’s unconstitutional campaign finance disclosure rules as applied to ballot measure committees where even donors of as little as $100 must have their names, home addresses and employers listed on public documents. These disclosure rules violate the US constitution in numerous ways. We are standing up for our contributors to ensure that the harassment stops.”

This suit will test the rights of an individual’s freedom of speech versus the compelling state interest in assuring disclosure of campaign contributions to avoid corruption of the political process. the suit alleges the California Political Reform Act is unconstituional for a number of reasons:

  • The right of contributors to exercise their First Amendment rights free from threats, harassment and reprisals outweighs the state’s interest in compelled disclosure;

  • The Act’s requirements that committees report all contributors of $100 or more is unconstitutionally overbroad in violation of the First Amendment because it is not narrowly tailored to serve a compelling government interest.
  • The Act’s requirement for ballot measure committees to file any reports after the election is unconstitutional under the First Amendment because it is not narrowly tailored to serve a compelling government interest.
  • The Act is unconstitutional under the First Amendment because it does not contain a mechanism for purging all reports related to a ballot measure after the election has occurred.

If anything the $100 contribution level for disclosure appears to be inordintely low for this day and age. But, will the federal appellate courts tinker with a California Legislature’s limit or throw out the entire process in an internet era which makes “chilling” free speech easier?

Ultimately, the United States Supreme Court will weigh into these issues.

Stay tuned…….


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California GOP Assemblyman and U.S. Senate candidate Chuck Devore’s Web Ad: Barbara Boxer and her tax and spend colleagues in Washington just spent $620 million dollars on a brand new Capitol Hill Visitors center that was $360 million over budget and three years late.

If California Governor Arnold Schwarzenegger wishes to run for Barbara Boxer’s California U.S. Senate seat he will have to get a move on it. Yesterday, Assemblyman Chuck DeVore announced a plethora of Republican elected backers, including 26 of the the current 29 GOP members of the California Assembly.

The Assembly and Senate endorsers:

Assembly (not including DeVore himself)

  • Mike Villines
  • Anthony Adams
  • Joel Anderson
  • Bill Berryhill
  • Tom Berryhill
  • Sam Blakeslee
  • Connie Conway
  • Paul Cook
  • Mike Duvall
  • Bill Emmerson
  • Jean Fuller
  • Ted Gaines
  • Martin Garrick
  • Danny Gilmore
  • Curt Hagman
  • Diane Harkey
  • Kevin Jeffries
  • Stephen Knight
  • Jeff Miller
  • Dan Logue
  • Brian Nestande
  • Jim Nielsen
  • Cameron Smyth
  • Audra Strickland
  • Van Tran


Senate (6)

  • Jeff Denham
  • Bob Dutton
  • Bob Huff
  • George Runner
  • Mimi Walters
  • Mark Wyland

Of course Arnold can spend unlimited amounts of his own money on media and raise tons more as California Governor but DeVore is pushing the California budget embattled Governor to either fish or cut bait in this race.

Will Arnold show his hand soon?

How about new California resident Mitt Romney or Meg Whitman?

Stay tuned…


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Howard Jarvis June 1978

Howard Jarvis, chief sponsor of the controversial Proposition 13, signals victory as he casts his own vote at the Fairfax-Melrose precinct.” June 1978. Courtesy of the Los Angeles Times

Even RINO California Governor Arnold Schwarzenegger will NOT take on Prop 13 and the California Constitution.

Democratic leaders sent Gov. Arnold Schwarzenegger an $18 billion deficit-cutting package on Tuesday, a plan he quickly vetoed as anti-tax groups filed a lawsuit to stop it.

The activity came amid the Legislature’s third special session since the November election to deal with California’s worsening budget deficit, projected at $42 billion over the next 18 months.

With Schwarzenegger’s veto, time is running out for lawmakers to find a midyear fix. The state controller has warned that California will be so short of cash it will have to start issuing IOUs in February to vendors and taxpayers expecting refunds.

Democrats said their plan would have avoided what Schwarzenegger has described as a “financial Armageddon,” but it appeared to be dead even before it arrived on the governor’s desk.

California Legislative Democrats tried an end run around the California Constitution that was amended in 1978 by Proposition 13 that requires any increase in taxes be affirmed by a 2/3rd’s vote of the Legislature.

If the Governor were to have a change of heart and approve such an outrageous scheme, the California Supreme Court would quickly issue an injunction and/or a referendum petition would be quickly filed by California voters.

Looks like the California Legislature better get busy and cut spending.


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California-Proposition-8-an

A new study tries to debunk the notion that California African-American voters spurred to the polls by the election of the first African-American President, Barack Obama overwhelmingly supported California Proposition 8 that restored the traditional definition of marriage (one man and one woman).

A new study of voting patterns on Proposition 8, the November ballot measure that would outlaw same-sex marriage, concludes that African American support, reported by exit pollsters at 70 percent, was at least 10 percentage points lower.

The high reported support levels among black and Latino voters for the measure, which won voter approval but is now being challenged in court, led to post-election controversy and conclusions that non-white voters provided the margin of victory for Proposition 8.

The new study, commissioned by the San Francisco-based Evelyn and Walter Hass Jr. Fund and released by a consortium of gay rights groups, was conducted by two New York college researchers. It concludes that party affiliation, political ideology, frequency of attending church and age “were the driving forces behind the measure’s passage” rather than ethnicity.

When voting results were adjusted for those factors, the researchers concluded, “support for Proposition 8 among African Americanss and Latinos was not significantly different than other groups.” They put overall black support for Proposition 8 at “no more than 59 percent” rather than the 70 percent found in exist polls of voters.

“These figures point the way to winning marriage equality for same-sex couples sooner rather than later,” said Jaime Grant, Ph.D., director of the National Gay and Lesbian Task Force Policy Institute. “Convincing the Republican Party that continued gay bashing will cripple its future is one; another is accelerating the already strong surge in support among young voters.”

An interesting study that really compares apples to oranges in a number of their analyses but the reader can read it here (PDF).

The November California Proposition 8 was a “PERFECT STORM” for the passage of gay marriage in California. A down GOP year, an accelerated Democrat registration drive plus turn-out for Obama, optimized ballot language by a sympathetic California Attorney General and a Presidental election year turn-out of voters should have produced a victory for gay marriage proponents. But, it didn’t.

Why?

There is No doubt the No on Proposition 8 Campaign was poorly run but the fact is that California voters simply do NOT support gay marriage and the considerable political baggage that accompanies its legalization. And, an almost 60 per cent African-American support for a gay marriage ban is nothing to overlook. But, does it really matter?

The homosexual lobby will try again (when the California Supreme Court upholds Proposition 8 as constitutional) but will be less likely to obtain even 48 per cent they received last November. Younger voters will return to their habit of ignoring elections and GOP voters will return to the fold of turning out to vote disproprtionately in non-Presidental election years. Gay Marriage = FAIL.

There has not been one election in ANY state where gay marriage has passed the muster of voters. It won’t be happening anytime soon in California either - despite what homosexual political scientists desire.


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Yes on prop 8 400

California Proposition 8 supporters yesterday filed legal briefs in the ongoing battle in the California Supreme Court over the constitutionality of California Proposition 8 that restored the traditional definition of marriage (one man and one woman) by California Constitutional Amendment last November.

Gay-marriage opponents filed legal briefs Monday accusing California Atty. Gen. Jerry Brown of having “invented an entirely new theory,” one that “fails at every level,” in his quest to find a reason to invalidate Proposition 8, which passed with 52% of the vote in November.

“The people have the final word on what the California Constitution says,” lawyers for the Protect Marriage Coalition wrote. “The practical result of the attorney general’s theory is that the people can never amend the Constitution to overrule judicial interpretations of inalienable rights.”

The filing, which was co-written by Whitewater prosecutor and Pepperdine Law School Dean Kenneth Starr, came in response to a brief filed two weeks ago by the attorney general in which Brown surprised legal experts with a novel theory to argue that Proposition 8 should be invalidated.

Brown’s theory, Starr wrote, is “utterly without foundation in this court’s case law” and “is not only unprecedented but contradicts the most basic understanding of the role of the judiciary in a constitutional democracy.”

The attorney general has a legal duty to uphold state laws, and Brown, though he personally supports same-sex marriage, had pledged to defend Proposition 8 after gay-rights activists and California cities filed lawsuits challenging it the day after the election.

But in a move that outraged supporters of Proposition 8 and took even gay-rights activists by surprise, Brown’s brief instead urged the court to toss the proposition, declaring that “the amendment process cannot be used to extinguish fundamental constitutional rights without compelling justification.” Brown argued that the California Constitution protects the right to marry as inalienable.

Legal experts said Starr and the Protect Marriage coalition had made a strong counter-argument in their filing Monday.

Santa Clara University Law professor Gerald Uelmen, an expert on the state high court, said it “hits the nail on the head.”

“If you think of the Constitution as a compact between the people and those who govern us, to say the people have no power to amend a court’s ruling simply because the court . . . says this is an inalienable right — I think that is pretty far out.”

All of the legal filings before the California Supreme Court are here.

The Protect Marriage Coalition legal brief in response to California Attorney General Jerry Brown’s brief is here (PDF).

The California Supreme Court will likely hear oral arguments in March and render a ruling sometime this late spring or early summer.

Stay tuned…….

Previous:

Jerry Brown, Kenneth Starr and California Proposition 8


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Republican Elephant Distress

Partisan trends do not look good for the Grand Old Party.

The number of Americans who consider themselves to be Democrats inched up again in December to 41.6%. That’s up two-tenths of a point since November and the third straight monthly increase in the number of Democrats.

Only once since Rasmussen Reports began tracking this data on a monthly basis in 2002 has the number of Democrats been higher. In May, as the Obama-Clinton primary battle neared its conclusion, 41.7% of Americans said they were Democrats.

At the same time, the number of Republicans declined a full percentage point from 33.8% in November to 32.8% in December. That’s the lowest number of Republicans since August. The number claiming allegiance to the GOP peaked in September at 34.4% as the party enjoyed a convention bounce and Sarah Palin was picked as the party’s Vice Presidential nominee.

The number not affiliated with either major party inched up from 24.7% in November to 25.6% in December.

These figures are not a shock but will be food for thought for the next Repuiblican National Chairman. How ill the party increase its numbers without alienating its conservative base, driving them to the not affiliated column.

During the Goldwater/Reagan era there was a coherent message. This will be the challenge for a revived GOP post Bush - message and its deliverance within a changing demographic landscape.

Stay tuned……


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captbcdd03c171594fe78a2yv3 Ron Paul Watch: Its OVER Baby

Congressman Ron Paul, R-Texas

The buzz preceding today’s Republican National Committe Chariman debate base has been increasing technology and internet based efforts.

But, will the GOP be able to successfully incorprate a successful strategy with Ron Paul in the mix?

Here’s a mark of the continuing energy behind Ron Paul, and the parallel lack thereof among other Republican Party structures, particularly online: the Digg-style website set up by Americans for Tax Reform for its Republican National Committee Chairman debate tomorrow has been entirely taken over by Paul supporters.

Flap supports a balanced strategy and no draconian change in the party apparatus. It wasn’t the internet that hurt the party brand and caused electoral losses.

The internet ALONE will not lead the Republican Party back to electoral success. And, Ron Paul is a symptom of foolish extremism that is but a minor diversion which will fade.

Watch the RNC Chairman debate live here.


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