• Gay Marriage,  Proposition 8

    SCOTUS To Hear Gay Marriage Cases

    Supreme Court to Hear Gay Marriage CasesFinally!

    The U.S. Supreme Court will decide whether California’s Proposition 8 marriage amendment is constitutional and whether the federal government can refuse to recognize gay couples’ marriages for tax purposes and other reasons, the court announced Friday.

    Decisions in both cases, by the court’s practice, are expected by the end of June.

    The questions of federal standing aside, the Supreme Court should make a definitive ruling – one way or the other.

    Do the states have the right to decide their own marriage laws, or is there a federal right to a same sex marriage?

    We will see in late June 2013.

    But, there are OUTS!

    The SCOTUSblog live blog reports: “Prop. 8 is granted. So is Windsor. Those are the only two marriage cases granted.”

    SCOTUSBlog’s live blog continues: “Prop. 8 is granted on the petition question — whether 14th Am. bars Calif. from defining marriage in traditional way.” No surprise there — except perhaps to Jeffrey Toobin. The Court then added a question of its own: “Whether the backers of Prop 8 have standing in the case under Art. III.” So the court may avoid ruling on the constitutionality of Prop 8 by saying that the case should not have been allowed to proceed in the first place — which I gather would mean that the lower court decisions are off the books, as there was no jurisdiction in the cases that would allow them to be decided.

  • Gay Marriage,  Gay Politics

    California Proposition 8 Aftermath: Ads Up ALREADY For Repeal After California Supreme Court Upholds This Morning

    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.


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  • California Supreme Court,  Gay Marriage

    California Supreme Court Upholds Proposition 8 and OKS Existing California Gay Marriages

    Gay Marriage

    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


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  • California Supreme Court,  Gay Marriage

    California Proposition 8 Ruling by California Supreme Court Coming Next Tuesday

    prop-8-ruling


    The California Supreme Court will issue its ruling next Tuesday.

    The California Supreme Court has announced that it will rule Tuesday on three cases challenging the constitutionality of Proposition 8, the measure voters passed to ban gay marriage

    The opinion will be released at 10 a.m. Tuesday, the High Court announced today.

    Proposition 8 passed last Nov. 4 with about 52 percent of the vote. It changes California’s constitution with a simple declaration that only a marriage between a man and a woman is legal and valid in the state.

    The court has been very quiet and so have court pundits. I would expect that had the Justices decided to overturn the voter approved Proposition 8 and thus legalize gay marriage in California that there would have been some timely leaks.

    It has been anticipated for months since the oral arguments that the California Supreme Court will declare Proposition 8 (which restored the tradtional definition of marriage (one man and one woman) to the California Constitution) constitutional.

    Flap’s Opinion:

    Flap can count as well.  Three California Supreme Court Justices that opposed gay marriage plus Justice Kennard (who refused to sign the order and voted to deny the petitions) equals four votes upholding the Proposition and the traditional definition of marriage.

    Flap bets the final vote will be 6-1 with Moreno dissenting to uphold Proposition 8 simply because a MORON would have to rule this is a revision of the Constitution and not an amendment.

    Stay tuned…..

    Previous:

    California Supreme Court Decision on Proposition 8 Gay Marriage Due Out This Week?

    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


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  • Gay Marriage,  Gay Politics

    California Supreme Court Decision on Proposition 8 Gay Marriage Due Out This Week?

    california supremes

    Shannon Minter, standing, speaks to the California Supreme Court in San Francisco, Thursday, March 5, 2009 on the constitutionality of the state’s voter-approved Proposition 8 that bans gay unions. The court will decide whether to uphold the same-sex marriage ban and whether same-sex couple marriages will remain valid

    The 90 day deadline for the California Supreme Court to issue its judgement on California Proposition 8 which restored traditional marriage (one man and one woman) is fast approaching. Oral arguments were heard March 5, 2009 which means the decision is coming imminently.

    The court usually gives a one business day notice before releasing its opinions on Mondays or Thursdays. So, we could learn tomorrow.

    It is surprising there have been NO leaks of a decision which has taken many weeks to draft.

    Perhaps this is a clue, however.

    Equality California, a leading gay rights group, is surveying its members to gauge whether they support putting gay marriage on a 2010 state ballot or waiting until 2012.

    While the state waits for the California Supreme Court’s verdict on Proposition 8 – which bans gay marriage – the group asks that members answer the survey by 5 p.m. on Wednesday.

    “We stand together, hopeful that the California Supreme Court will confirm that fundamental civil rights cannot be stripped away from a minority group at the ballot box. However, we must be prepared to go back to the ballot if the Supreme Court fails to overturn Proposition 8,” says an email message from Marc Solomon, the group’s marriage director.

    Stay tuned……


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  • Gay Marriage,  Gay Politics

    Poll Watch: Gay Marriage Evenly Splits Californians – Tough Race in 2010

    gay marriage march 5

    Kate Kuykendall (R) and her wife Tori Kuykendall (L) stand with their daughter during a gay rights rally against the Proposition 8 measure at the El Pueblo de Los Angeles park, March 5, 2009.

    The latest California Field Poll shows it continues to be a difficult issue for California registered voters.

    California voters are as sharply divided over gay marriage as they were in November when they approved Proposition 8, overturning a state Supreme Court decision that legalized same-sex marriages.

    Voters passed Proposition 8, which declared marriage could only be between a man and a woman, 52 percent to 48 percent.

    A new Field Poll showed voters almost evenly split, 48 percent to 47 percent, when asked if they would approve a new constitutional amendment to again allow same-sex couples to marry.

    Last week, the state Supreme Court heard arguments in a lawsuit challenging the constitutionality of Proposition 8. From questions asked by the seven justices, court watchers concluded the court is likely to uphold Proposition 8 but also allow to stand the 18,000 same-sex marriages performed after the court’s original ruling in May and the November election.

    A coalition of gay-rights groups have filed an initiative aimed at the 2010 ballot to make same-sex marriages legal again.

    Field Poll director Mark DiCamillo said that while Californians are dramatically more supportive of same-sex marriages than they were a few decades ago, he questioned whether attitudes would be much different in 2010 than they were in 2008.

    He noted that gubernatorial elections always have smaller voter turnouts than presidential elections and that younger voters most supportive of same-sex marriage are also among the least reliable voters.

    “If you bring this to an election, turnout really does matter,” DiCamillo said. “Which groups turn out a little bit more and which ones turn out a little bit less have a big effect on the outcome.”

    A second difficulty, the pollster said, is that an amendment reinstating same-sex marriage would require a “yes” vote whereas Proposition 8 required a “no” vote to preserve gay marriages.
    “The thing that works against the advocates’ position is now they’ve got to get a ‘yes’ vote which is harder to get than a ‘no’ vote,” DiCamillo said.

    It is likely that the California Supreme Court will PUNT on the issue of gay marriage in the coming weeks. By PUNT, Flap means that the court will uphold California Proposition 8 restoring the traditional definition of marriage – while on the other hand allowing the same sex marriages already completed to remain valid.

    What will this mean for gay politics in 2010 – a Governor’s election year?

    Dan Walters has an accurate description of the conventional wisdom on a California electoral outcome.

    It will be a gamble for gay marriage proponents to come before California voters again in 2010.

    Will homosexual activists roll the dice?


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  • California Supreme Court,  Carol Corrigan,  Gay Marriage,  Joyce Kennard,  Kenneth Starr,  Marvin Baxter,  Ronald George

    California Supreme Court Appears to Be Ready to Uphold Constitutionality of Proposition 8

    california supremes

    Shannon Minter, standing, speaks to the California Supreme Court in San Francisco, Thursday, March 5, 2009 on the constitutionality of the state’s voter-approved Proposition 8 that bans gay unions. The court will decide whether to uphold the same-sex marriage ban and whether same-sex couple marriages will remain valid

    Flap watched the oral arguments before the California Supreme Court on the challenge to California Proposition 8 which was approved by California voters last November. Proposition 8 restored the traditional definition of marriage (one man and one woman) in the California Constitution.

    It is my sense (and others too) that the California Supremes will acquiese to the vote of the people on making traditional marriage (one man and one woman) the law of California since the election. However, the validity of prevous gay marriages (allowed by last year’s California Supreme Court ruling on Proposition 22) may be upheld in some way.

    The California Supreme Court appeared ready today to vote to uphold Proposition 8, the November ballot measure that banned gay marriage, but also seemed ready to decide unanimously to recognize existing same-sex marriages.

    During a three-hour televised hearing in San Francisco, only two of the court’s seven justices indicated a possible readiness to overturn the initiative. Chief Justice Ronald M. George noted that the court was following a different Constitution when it approved gay marriage last May.

    “Today we have a different state Constitution,” he said.

    Justice Joyce L. Kennard, who usually votes in favor of gay rights, voted against accepting the revision challenge to Proposition 8 but said she would hear arguments over the validity of existing same-sex marriages.

    Kennard said during the hearing that “Prop. 8 did not take away the whole bundle of rights that this court articulated in the marriage case.”

    She said that “a very important holding” – giving sexual orientation the same constitutional status as race or gender – was not changed.
    “Is it still your view that the sky has fallen and gays and lesbians are left with nothing?” she asked gay rights lawyers?

    Kennard told them they also had the right to return to voters with their own initiative.

    So, how will the vote break down in the court?

    Gay Marriage

    Justices supporting the overturn of the original gay marriage ban (May 2008) are:

    • Chief Justice Ronald George
    • Justice Kathryn Mickle Werdegar
    • Justice Joyce L. Kennard
    • Justice Carlos R. Moreno

    Chief Justice George and Justice Moreno stand for reconfirmation to another twelve year term of office in November 2010.

    Justices dissenting from the original decision to end the gay marriage ban are:

    • Justice Marvin Baxter
    • Justice Carol Corrigan
    • Justice Ming Chin

    Flap will stay with his previous opinion:

    Flap can count as well.  Three California Supreme Court Justices that opposed gay marriage plus Justice Kennard (who refused to sign the order and voted to deny the petitions) equals four votes upholding the Proposition and the traditional definition of marriage.

    Flap bets the final vote will be 6-1 with Moreno dissenting to uphold Proposition 8 simply because a MORON would have to rule this is a revision of the Constitution and not an amendment.

    The decision by the California supreme court is due within 90 days. Want to bet the Court releases its opinion on Friday prior to the Memorial Day weekend?


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  • California Supreme Court,  Gay Marriage,  Gay Politics

    California Supreme Court Hears Oral Arguments on Proposition 8 Re: Gay Marriage Today

    prop 8 rally

    Wesley Gann (R) and his partner Jerry Johnson take part in a rally ahead of the California Supreme Court hearing on Proposition 8 in Los Angeles March 4, 2009. Proposition 8, passed by California voters in November, amends the state constitution to provide that only marriage between a man and a woman is recognized in California

    Yes, the California Supreme Court will hear oral arguments for and against California Proposition 8 that was passed by California voters last November. Proposition 8 restored the traditional definition of marriage in the California Constitution – one man and one woman.

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

    The proceedings before the Court will be covered live by Flap on Twitter beginning a little before 9 AM Pacific time. Follow Flap on Twitter here or read the right sidebar ————->


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  • Gay Marriage

    California Proposition 8: The Ugly Specter of Intimidation

    prop-8-maps-to

    Eightmaps.com which matshes up Google Maps and Proposition 8 Donors

    The New York Times today (Via Michelle Malkin) FINALLY realizes there might be a problem with gay marriage proponent’s intimidation of Proposition 8 (the California Constitutional Amendment which restored the traditional definition of marriage – one man and one woman) donors.

    FOR the backers of Proposition 8, the state ballot measure to stop single-sex couples from marrying in California, victory has been soured by the ugly specter of intimidation.

    Some donors to groups supporting the measure have received death threats and envelopes containing a powdery white substance, and their businesses have been boycotted.

    The targets of this harassment blame a controversial and provocative Web site, eightmaps.com.

    The site takes the names and ZIP codes of people who donated to the ballot measure — information that California collects and makes public under state campaign finance disclosure laws — and overlays the data on a Google map.

    Visitors can see markers indicating a contributor’s name, approximate location, amount donated and, if the donor listed it, employer. That is often enough information for interested parties to find the rest — like an e-mail or home address. The identity of the site’s creators, meanwhile, is unknown; they have maintained their anonymity.

    Eightmaps.com is the latest, most striking example of how information collected through disclosure laws intended to increase the transparency of the political process, magnified by the powerful lens of the Web, may be undermining the same democratic values that the regulations were to promote.

    Will such internet activity chill free speech and discourge voters from either donating to political causes/campaigns or donating their time/resources (which is reportable if worth more than $100)?

    The California and federal courts will eventually decide the proper balance between campaign disclosure laws and the chilling of political activity/speech.

    In the meantime, donors to Proposition 8 will endure public ridicule/scorn and ugly repercussions from the radical homosexual pro-gay marriage cabal as they gear up for another election in 2010 to overturn Proposition 8.


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