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CA: AG Harris Files Brief: Prop 8 Supporters Have No Standing

Wednesday, May 4th, 2011

Kamala HarrisIn another move in the seemingly unending Prop 8 battle, California Attorney General Kamala Harris has filed a brief declaring that private citizens do not have standing to defend the statute in court.

In it, she argued that only public officials exercising the executive power of government have authority to represent the state when laws passed by voters or the Legislature are challenged. “California law affords an initiative’s proponents no right to defend the validity of a successful initiative measure based only on their role in launching an initiative process,” Harris wrote.

[snip] Lawyers for the coalition of religious and conservative groups that qualified the gay marriage measure for the ballot and campaigned for its passage have argued that initiative proponents need to be allowed to advocate for laws in court to prevent elected officials from effectively vetoing measures by not defending them in court.

Full Story from Joe.My.God

Click here for gay marriage resources in California.

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New York Times: Walker Fit to Rule on Prop 8

Wednesday, May 4th, 2011

Given ample chance during a 13-day trial to offer an argument apart from prejudice, proponents of Proposition 8, the prohibition against same-sex marriage in California, found no evidence. Now they are trying to disqualify Vaughn Walker, the now-retired Federal District Court judge who ruled that the measure was unconstitutional.

After the trial, Judge Walker said he is gay and involved in a long-term relationship. Last week, Proposition 8′s lawyers argued that the ruling should be tossed out because he had had a duty to recuse himself, or at least disclose the relationship at the start of the case.

The claim is bogus. It is well established that personal characteristics, like race, sex, ethnicity, religion or sexual orientation, do not by themselves invoke the rule that judges must step aside if their “impartiality might reasonably be questioned.”

Full Story From the New York Times

Click here for gay marriage resources in California.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.

CA: Judge Walker on Those Prop 8 Trial Tapes

Saturday, April 16th, 2011

Judge WalkerYesterday, Andy noted that Judge Vaughn Walker has responded to marriage equality opponents who have demanded that he return videotapes of the Perry v. Schwarzenegger Prop 8 trial that he has in his possession. In a letter to Molly Dwyer, Clerk of the Ninth Circuit Appeals Court, Judge Walker explained how he used and intends to use those video clips during his lectures.

Meanwhile, Prop 8 lawyers Theodore Olson and David Boies filed a motion yesterday to make all of the trial videotapes available to the public.

Walker’s letter to Dwyer in its entirety: This responds to a motion filed on April 13, 2011, by appellants-defendant-intervenors in Perry v Schwarzenegger, No 10-16696. It should be presented to the panel considering the motion.

Full Story from Towleroad.com

Click here for gay marriage resources in California.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.

Prop 8 Back on the Ballot in 2012? Yes or No?

Thursday, April 7th, 2011

Proposition 8Ari Ezra Waldman is a 2002 graduate of Harvard College and a 2005 graduate of Harvard Law School. After practicing in New York for five years and clerking at a federal appellate court in Washington, D.C., Ari is now on the faculty at California Western School of Law in San Diego, California. His research focuses on gay rights and the First Amendment. Ari will be writing weekly posts on law and various LGBT issues.

Follow Ari on Twitter at @ariezrawaldman.

Activists at the organization Equality California (EQCA) announced on April 4 that they are beginning an outreach campaign to gauge the interests of gay Californians on putting marriage equality on the ballot in 2012. According to EQCA’s press release, the organization will “survey its membership, hold 10 town halls across the state and an online town hall, conduct a poll of likely 2012 voters, consult with political experts, coalition partners and engage with its members and the LGBT community.” Whether EQCA runs the possible campaign is not my (present) concern. The more important question is whether we want the existence of our rights to be subject to a majority vote.

Let’s assume that if marriage equality goes on the ballot in 2012, we will win and same-sex couples would be allowed to marry in California. As a matter of law and legal policy, is that a good idea? What do you think?

Full Story from Towleroad.com

Click here for gay marriage resources in California.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.

CA: Olson, Boies File Brief in Attempt to Lift Prop 8 Gay Wedding Stay

Friday, March 18th, 2011

Yesterday, the legal team at the American Foundation for Equal Rights, led by Ted Olson and David Boies, filed the reply brief in their effort to lift the stay on California marriages while the appeal proceeds. From AFER’s press release:

[T]he American Foundation for Equal Rights (AFER) and its legal team — led by Theodore B. Olson and David Boies — filed a reply brief in support of its motion with the Ninth Circuit asking that the Court immediately lift an order preventing gay and lesbian couples from marrying in California. That order, issued in August 2010, stayed the injunction issued by the U.S. District Court that barred further enforcement of Proposition 8.

This is the final brief regarding this motion before the Ninth Circuit issues a ruling. If the stay is lifted, it will be the first time that gay and lesbian Californians will be able to legally marry since Prop 8 was passed in November 2008.

Full Story from AmericaBlog

Click here for gay marriage resources. in California

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Watch: Matt Baume’s This Week in Prop 8

Tuesday, March 15th, 2011

Matt Baume talks about all the news related to California’s Proposition 8 in his weekly You Tube Broadcast.

Full Story from Joe.My.God

Click here for gay marriage resources in California.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.

CA: Anti-Gay Law Firm to File Pro Prop 8 Brief on Behalf of Imperial County

Saturday, March 12th, 2011

Proposition 8The battle to uphold Proposition 8′s restrictions against gay marriage found new support from a Murrieta-based nonprofit law firm.

Advocates for Faith & Freedom plans to file legal briefs with the Ninth U.S. Circuit Court of Appeals by March 15 as it defends the Imperial County Clerk’s ability to enforce the definition of marriage as between a man and a woman. Advocates for Faith & Freedom announced their backing of newly-elected Imperial County Clerk Chuck Storey on Feb. 25.

Storey was sworn into office Jan. 3, and filed papers Feb. 25 to become one of the defendants in a federal lawsuit over the state’s voter-approved ban on same-sex marriages.

Full Story from Patch.com

Click here for gay marriage resources in California.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.

Too Long to Wait

Monday, March 7th, 2011

Seven months have passed since Proposition 8, California’s voter-approved ban on same-sex marriages, was ruled unconstitutional by a federal judge in San Francisco following a much-publicized trial that turned up no evidence to justify the measure’s denial of equal protection and due process.

Yet the 2008 initiative continues to inflict serious harm on same-sex couples and their families thanks to a court order that prevents gay men and lesbians from marrying in California while the case is being appealed. That stay should be lifted now.

The appeal was argued in December before a three-judge panel of the United States Court of Appeals for the Ninth Circuit. It could be many more months before the panel rules. In February, it asked the California Supreme Court to resolve a procedural question regarding the standing of the initiative’s sponsor to bring the appeal. The state’s top court has said it will not even hold a hearing on the issue until September, at the earliest.

Full Story from the NY Times

Click here for gay marriage resources in California.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.

Matt Baume’s This Week in Prop 8

Monday, March 7th, 2011

Matt Baume’s weekly video update of all the news that has to do with the effort to repeal Proposition 8 in California.

Full Story from Joe.My.God

Click here for gay marriage resources in California.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.

Too Late for Last-Ditch Prop 8 Appeal By Imperial County?

Monday, February 28th, 2011

There is a certain smell in the air when it comes to the battle over marriage equality and Prop 8 in California- the smell of privilege and rank. In other words, these are people who want to break the rules so that they can continue to be bigots. Imperial County Clerk-Recorder Chuck Storey has asked to be allowed to intervene in the Prop 8 appeal in order to appeal the decision by Judge Vaughn Walker overturning Prop 8.

There is one slight problem- and it’s a doosy. The deadline to file to appeal the ruling passed six months ago.

It does not matter if Storey has standing with regards to the facts of the case. While it is correct that his job as the elected Clerk-Recorder for that county would be impacted, bad legal advice given to one of his deputies means that he has no right to file the appeal because of the lapsed time. Storey wrote in his filing to intervene “I am concerned that an unappealable ruling by a single district court striking down Proposition 8 would create significant confusion for me and other Imperial County deputy clerks and officials in the performance of our legal duties regarding marriage.”

Full Story From Lez Get Real

Click here for gay marriage resources in California.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.