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CA: Harris Wins AG, State Will Not Fight Prop 8 Lawsuit

Wednesday, November 24th, 2010

Kamala HarrisSan Francisco District Attorney Kamala Harris will be California’s next attorney general, after her Republican opponent conceded today – a full three weeks after the Nov. 2 election.

Los Angeles District Attorney Steve Cooley had declared victory on election night, only to see the race flip-flop between the two candidates in the coming days as counties around the state continued to tally mail-in and provisional ballots. This morning, Cooley called Harris – who is now leading by 50,000 votes – to concede and congratulate her.

She will become the state’s first female attorney general. In a written statement, Cooley said his campaign “believes that we cannot make up the current gap in the vote count.”

Full Story from SF Gate

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CA: Pro Gay Marriage AG Candidate harris Pulls Ahead of GOP Rival

Saturday, November 20th, 2010

Kamala HarrisIn one of the most bitterly contested races in state history, the Democrat has expanded her lead for California Attorney General.  Kamala D. Harris has 4,291,854 votes as of 4:14 p.m. Friday, Nov. 19, with 100 percent of the precincts partially or fully reporting, according to the Secretary of State’s Office.

The Republican, Steve Cooley, has 4,248,804 votes. Four other candidates trail badly.

Harris has tallied 37,474 votes more than Cooley in the past seven days, giving her at cushion of 43,050.

Full Story from SDGLN

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CA: Gay Marriage Supporter Harris Back in Lead for AG Post

Sunday, November 14th, 2010

Kamala Harris, Gay Marriage SupporterIn one of the closest races in state history, the Democrat has clawed back into the lead for California Attorney General.

Kamala D. Harris has 4,044,927 votes as of 4:19 p.m. Friday, Nov. 12, with 100 percent of the precincts partially or fully reporting, according to the Secretary of State’s Office.

While the Democrats swept all the other state offices, this race in particular is meaningful for advocates of equal rights. Harris supports marriage equality, while Cooley does not. Harris says she will not defend Proposition 8, which bans gay marriage in California, in the courts, while Cooley says he would try to intervene in the court case.

Full Story from SDGLN

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MI: AG Assistant Who Harassed Gay Student is Fired

Monday, November 8th, 2010

An assistant state attorney general accused of harassing the gay student assembly president at the University of Michigan was fired Monday. Andrew Shirvell, 30, went on leave about a month ago after national criticism erupted over a blog he wrote characterizing student leader Chris Armstrong as a “racist” and a “liar” who promoted a “radical homosexual agenda.”

Shirvell’s attorney has said his actions were constitutionally protected as free speech. Shirvell had attended the first day of a disciplinary hearing Friday and expected that hearing to continue later this week, but then was called in and fired.

Cox said the firing came after a state investigation revealed that Shirvell “repeatedly violated office policies, engaged in borderline stalking behavior and inappropriately used state resources. To be clear, I refuse to fire anyone for exercising their First Amendment rights, regardless of how popular or unpopular their positions might be,” Cox said in a statement.

Full Story from the Indiana Gazette

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CA: Kamala Harris Wins AG Post; State Will Not Join Prop 8 Appeal

Wednesday, November 3rd, 2010

Kamala Harris, California Attorney GeneralKamala Harris’s campaign has declared victory after a narrow race between her and Republican Steve Cooley to become California’s next attorney general. According to a press release from campaign spokesperson Ace Smith, “uncounted ballots will only bolster Kamala Harris’s lead… the provisional ballots cast on Tuesday will reflect Harris’s victory.”

Harris has vowed to let Proposition 8 die in a federal appeals court. Cooley had said he would support California’s initiative banning same-sex marriage. Oral arguments in the case begin December 6 – the current governor and attorney general of California, Arnold Schwarzenegger and incoming governor Jerry Brown, are refusing to defend the antigay ballot initiative.

It can only bolster the case of attorney Ted Olson, leading the case against Prop. 8, that the state’s incoming executives also do not support the proposition.

Full Story from SheWired

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CA: Gay-Marriage Friendly Harris Comes From Behind to Lead in AG Race (LA Times)

Wednesday, November 3rd, 2010

With nearly 7 million ballots counted, Democrat Kamala Harris holds a razor-thin lead over Republican Steve Cooley in the race for state attorney general. Fewer than 38,000 votes separate the two candidates as thousands of late absentee and provisional ballots remain uncounted. Cooley, the Los Angeles County district attorney, jumped out to an early lead as the votes were being counted across the state Tuesday night.

Cooley declared victory and scheduled a victory press conference for Wednesday morning. But as the race tightened, Cooley’s campaign announced he was canceling the press conference until the race had a more definitive result.

Harris, who trailed in most public opinion polls leading up to election day, is trying to complete a Democratic sweep of statewide offices. All other statewide offices went to Democrats, including the three currently held by Republicans — governor, lieutenant governor and insurance commissioner.

Full Story from the LA Times

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FL: Attorney General Won’t Appeal Ruling Striking Down Gay Adoption Ban

Friday, October 22nd, 2010

Florida Gay AdoptionFlorida’s 33-year-old ban on gay men and lesbians adopting children is dead following Friday’s announcement by Florida Attorney General Bill McCollum that he would not appeal a court ruling that upheld a 2008 decision that struck down the law.

Last month, a 3-judge appeals court unanimously upheld the ruling that found the law to be unconstitutional and to have “no rational basis.” The Florida Department of Children and Families (DCF) had already said it would not challenge the ruling.

“Following the decision by our client, the Department of Children and Families, not to appeal the decision of the Third District Court of Appeals, it is clear that this is not the right case to take to the Supreme Court for its determination. No doubt someday a more suitable case will give the Supreme Court the opportunity to uphold the constitutionality of this law,” McCollum said in a statement.

Full Story from On Top Magazine

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CA: GOP Attorney General Candidate Promises to Appeal Prop 8 Ruling if Elected

Friday, August 20th, 2010

Los Angeles District Attorney Steve Cooley says that if he is elected as state Attorney General in November, he will defend Proposition 8 in court. Current AG Jerry Brown had declined to do so.

“The role of the attorney general is to defend the will of the people,” says [Cooley spokesman Kevin] Spillane. “He would defend (Prop. 8 ) and appeal” U.S. District Court Judge Vaughn Walker’s ruling that found the anti-gay marriage ballot measure to be unconstitutional. Spillane says Cooley considers his position on Proposition 8 to be a matter of “general policy” if he became the next attorney general, not an issue of whether or not he opposes same-sex marriage.

Two weeks ago, Walker found Proposition 8, the 2008 ballot measure that banned gay marriage in California, to be unconstitutional. The ruling has been appealed by proponents of Prop. 8, with the U.S. Ninth Circuit Court of Appeals taking the case. Legal experts are not certain what role, if any, the next attorney general or governor in California will play in the appeal, but there is a possibility those offices could get involved.

Full Story from Joe.My.God

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CA: If GOP Wins in November, State Could Appeal Prop 8 Ruling

Friday, August 13th, 2010

Federal Judge Vaughn Walker’s Thursday ruling on the Proposition 8 gay-marriage ban is rousing discussion of whether those defending the initiative have standing to appeal their loss. But even if they don’t have legal standing, the appeals process could continue.

Walker ruled Aug. 4 that the measure was unconstitutional, then ruled Thursday that a temporary stay blocking gay weddings would be lifted Aug. 18 unless a higher court intervened with an emergency stay extending the moratorium.

But there are a couple scenarios in which it may not matter. The original defendants in the case were Gov. Arnold Schwarzenegger and Attorney General Jerry Brown, who have standing because it’s up to them to defend state law. But both chose not to defend the Prop. 8 challenge, and have called for gay marriages to resume immediately. However, new politicians will take those two posts by the start of 2011, when briefings in the appeal are due. Meg Whitman, the GOP nominee for governor, does not support gay marriage. Steve Cooley, the GOP nominee for attorney general, believes it’s the AG’s job to defend all propositions approved by voters. (Democrat nominees for those seats support Walker’s ruling.)

Full Story from The OC Register

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CA: AG Jerry Brown Asks Appeals Court to Allow Gay Weddings

Friday, August 13th, 2010

California’s attorney general says same-sex weddings should be allowed immediately, after a federal judge ruled the state’s gay marriage ban is unconstitutional. Attorney General Jerry Brown urged the 9th U.S. Circuit Court of Appeals to lift the ban while it considers an appeal in the case.

A lower court judge struck down Proposition 8 on Aug. 4 but gave the 9th Circuit until next Wednesday to decide whether to keep the ban in place during the appeal.

Brown filed the papers late Friday. Brown is named as a defendant in the lawsuit by two same-sex couples, but has refused to defend Proposition 8 in court. Sponsors of Proposition 8 defended the ban instead.

Full Story from the Herald Online

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