Breaking Marriage Equality News Headlines from January 2010

	American Foundation for Equal Rights' Prop 8 Trial Summary Documents and videos presented by the Olson and Boies team also revealed that the Prop. 8 campaign paid for broadcasts that sought to link marriage equality to incest, polygamy, bestiality, and pedophilia to justify the restriction of people's civil rights. This clearly points to the discriminatory motivations and unconstitutionality of the initiative. Olson and Boies also presented to the court ... LGBT POV • Jan 30, 2010

	Did Andy Pugno Break State Law In Support Of Marriage Ban? The Courage Campaign's Rick Jacobs today filed a complaint with the California Fair Political Practices Commission today against Andy Pugno, one of the key figures behind the effort to ban same-sex marriage in California. The complaint, which is included below as a Scribd embed, alleges that Pugno misused public funds while on the staff of State Senator Pete Knight in the late 1990s to help the ... Prop 8 Trial Tracker • Jan 29, 2010

	Olson/Boies Prop 8 trial sponsors ask for donations LGBT POV is among the many LGBT and MSM blogs that have been covering the federal challenge to Prop 8 (see here and here, for example). And with the decision by the US Supreme Court not to allow broadcasts of the trial outside the San Francisco federal courthouse, bloggers such as Courage Campaign's Rick Jacobs have been live-blogging the events. But many of us also begged the American Foundatio... LGBT POV • Jan 28, 2010

	Prop. 8 witness thinks same-sex marriage undermines heterosexual marriage Under cross-examination, Blankenhorn said he has not scientifically studied the impact of same-sex marriage on the institution of marriage in countries where it is now legal. And he said that none of the work by scholars that he submitted to court has studied the impact either. He also said he knew of no study showing that children raised by gay parents are worse off than children raised by thei... Sacramento Bee • Jan 28, 2010

	Prop 8 Trial Coverage Day 11 and 12: Defendant's Last Witness Not Cooperative and Not Knowledgeable; Testimony Concludes The Prop 8 trial witness testimony ended today with defendant's last "expert" witness David Blankenhorn, the founder and president of the Institute for American Values, a conservative group committed to the "renewal of marriage." On Tuesday plaintiff's attorney David Boies immediately went after his so-called expert status, almost disqualifying Blankenhorn from being a witness at all... Unite the Fight • Jan 28, 2010

	Perry v. Schwarzenegger: day eleven summary Miller admitted that some people voted for Proposition 8 based on stereotypes, but he could not say to what extent. Then it got unpleasant for Miller. He has a new book that came out in 2009 in which he argues that initiatives that disadvantage minorities "can easily tap into an anti-minority sentiment". He even gave examples including initiatives directed towards restricting the rights of homose... Box Turtle Bulletin • Jan 27, 2010

	Witness Assails Gay Marriages David Boies, a lawyer representing gay couples, began questioning Mr. Blankenhorn in a cross-examination that had the two men raising their voices at each other. They accomplished little as Mr. Boies pressed the witness to give succinct answers, which Mr. Blankenhorn often refused to do. Their bickering prompted the judge to end the trial for the day. He asked lawyers from both sides to finish pre... Wall Street Journal • Jan 27, 2010

	Prop 8 afternoon update: Witness says gays face job bias Lawyers for two same-sex couples suing to overturn the voter-approved ban known as Proposition 8 are trying to prove that deep-seated prejudice motivated the measure. Plaintiffs' attorney David Boies asked Miller, "You do agree there are some gays and lesbians who are fired from their jobs, refused jobs and paid less because of their sexual orientation?" "I have no reason to disagree with that. ... 365Gay • Jan 26, 2010

	Minter's Take on the Prop. 8 Trial One of the defendants' strategies is to divert attention from the real issues in the case by casting themselves, incredibly, as the victims of alleged persecution. Prop. 8 targeted gay people in order to strip them of a fundamental right. And yet the defendants have fixated on alleged incidents of harassment of Prop. 8 supporters during the campaign. In fact, they have even gone so far as to sugge... Advocate • Jan 26, 2010

	Update On Prop 8 Trial, Day 10: The Mighty Political Clout Of The Gays Under cross-examination from plaintiffs' attorney David Boies, Miller admitted that some of the materials he relied on in his testimony were supplied by lawyers for Proposition 8 rather than his own research. Miller also agreed that the military's "Don't Ask, Don't Tell" policy discriminates against homosexuals and that no other minority group in the nation is dismissed from the armed services on... San Francisco Appeal • Jan 26, 2010

	Prop 8 Backers Voiced Fear Of Polygamy, Bestiality It appeared the lawyers were introducing the material to demonstrate the campaign for the ban appealed to religious-based, anti-gay bias to scare voters into supporting the measure. The trial, being held in San Francisco, is the first in a federal court to examine if states violate the U.S. Constitution by preventing same-sex couples from marrying. Proposition 8 sponsors objected to the video, s... AP • Jan 25, 2010

	Mid-day report: Day 10 Prop 8 trial A significant dispute broke out today in court over whether Yes on 8 campaign manager Frank Shubert can be called to the witness stand by the legal team defending the constitutionality of California's same-sex marriage ban. Plaintiffs, the legal team challenging Proposition 8, had sought, during deposition, to elicit testimony from Shubert--who was also instrumental in putting together both the Y... Keen News Service • Jan 25, 2010

	Moviegoers applaud Prop. 8 film critical of LDS Church It may be the friendliest audience Reed Cowan will get in Utah. Cowan received two sustained standing ovations Sunday for his documentary "8: The Mormon Proposition," which harshly criticizes The Church of Jesus Christ of Latter-day Saints for its campaigning for California's ban on same-sex marriage, from the 600-strong audience attending the film's world premiere at the 2010 Sundance Film Festi... Salt Lake Tribune • Jan 25, 2010

	Perry v. Schwarzenegger: day nine summary On stand today is Dr. Greg Herek, a leading authority on the psychology of sexual orientation. Herek will discuss three opinions: * Nature of sexual orientation and how it is understood in sociology and psychology * The immutability of sexual orientation * Stigma and prejudice against gays and lesbians and how that intersects with Proposition 8... Box Turtle Bulletin • Jan 23, 2010

	A Chinese Tale: Faith, Tradition, Confucius and Same-Sex Marriage The Bay Area's Chinese Christians are overwhelmingly evangelical, especially in the South Bay, although there is smattering of main-line Protestants and Catholics as well in San Francisco. Evangelical Chinese Christians were one of the region's most vocal and well-organized groups supporting Proposition 8, the ballot measure banning same-sex marriage, which voters approved in 2008.... NY Times • Jan 23, 2010

	Covering History: A Q&A with The Recorder's Prop 8 Courtroom Reporter I felt like [the Tam examination] was the first instance that we really saw him display why he's David Boies. He had done a direct before, but hadn't been up there that much. That goes for the other name principals [also]. Since the first day, the associates and junior partners have so far been carrying the bulk of the work. Boies was very strong. Many times we saw him lull the witness into acknow... Law.com • Jan 23, 2010

	VIDEO: Prop 8 Trial Reenactment Preview Posted Last week, I posted on filmmaker John Ireland's project to produce reenactments of the Prop 8 trial. Today, he and fellow filmmaker John Ainsworth have posted a trailer.... Unite the Fight • Jan 22, 2010

	Gays lack clout, Prop. 8 trial witness says A political scientist testifying on behalf of supporters of same-sex marriage said Wednesday that gays and lesbians have little political power and can't count on most of their friends in high places, including President Obama. At a federal court trial in San Francisco on the constitutionality of Proposition 8, Stanford University Professor Gary Segura cited ballot measures, state and federal law... SF Gate • Jan 21, 2010

	Prop. 8 challengers highlight religion's role in campaign Challengers of California's ban on same-sex marriage tried to show Wednesday that religion has promoted discrimination against gays. Lawyers trying to overturn Proposition 8 presented testimony of a gay man who said his evangelical parents forced him into Christian therapy to change his sexuality, and the legal team later produced documents that showed close ties between leaders of the Catholic a... LA Times • Jan 21, 2010

	Prop 8 trial transcripts to be posted online Available immediately are the transcripts from all past days of trial. Yesterdays transcript is still forthcoming. Please note that while we hope to post these transcripts daily, their availability is subject to change. Please note these transcripts may be read, linked to and quoted from, but not reposted or sold in any way.... LGBT POV • Jan 20, 2010

	Prop 8 trial judge has history with gay rights activists The appointment of Chief U.S. District Judge Vaughn Richard Walker to the bench was held up for two years during the late 1980s in part because he had angered gay rights activists. Now, he is presiding over the most important gay civil rights case in a generation.... 365Gay • Jan 20, 2010

	Perry v. Schwarzenegger: day six summary We now find out why Professor Douglas Allen withdrew as a witness. It appears that he was to tell the court that since marriage equality came to the Netherlands that the total number of marriage decreased. However, he also noted that it was part of a greater trend rather than an effect of marriage equality. Badgett used Allen's testimony to argue that comparison to Massachusetts is more reasonable... Box Turtle Bulletin • Jan 20, 2010

	Perry v. Schwarzenegger to be reenacted on YouTube After the Supreme Court blocked video broadcast of the federal trial to decide the constitutionality of a gay marriage ban last Wednesday, freelance journalist and filmmaker John Ireland decided he'd produce his own version and post it on YouTube. "People want to see this drama unfold and there is a tremendous narrative that was propelled by that first day of testimony," Ireland told On T... Box Turtle Bulletin • Jan 19, 2010

	Dueling portraits of Prop. 8 backers at trial While Prop. 8's sponsors strive for a benign image of their supporters as parents and family members motivated by their faith and concern for their children, their opponents are trying to paint a more sinister picture of fearmongers appealing to prejudice. Their prime example has been William Tam, a San Francisco chemical engineer who was one of five official proponents of the ballot measure. Ta... SF Gate • Jan 18, 2010

	Preview: San Diego Mayor Sanders Testifies Tuesday in Prop 8 Trial Mayor Sanders will testify Tuesday for the Plaintiffs. This personal testimony about not being able to deny rights to those you know and love might resonate with SCOTUS Associate Justice Anthony Kennedy in the Lawrence case. Did some SCOTUS clerks of Justice Kennedy approach him when Lawrence was being heard? Did they, previously closeted, come out to him and personally testify to him about the p... FireDogLake • Jan 17, 2010

	First week of Proposition 8 trial ends with defense challenging witnesses The trial resumes Tuesday with a lineup of witnesses likely to include controversial Proposition 8 proponent William Tam and San Diego Mayor Jerry Sanders, a Republican former police chief who switched positions and came out in favor of same-sex marriage. The plaintiffs say they will rest their case Wednesday.... Mercury News • Jan 16, 2010

	The Road to Perjury If Boies and team is able to show what he claims, that their testimony was without basis, the experts have opened themselves to charges of perjury. Removing the possibility that the defense team knew about the baselessness of the depositions, because such a circumstance would be an egregious violation of professional responsibility, this also has huge implications for the case. If the defense exp... Prop 8 Trial Tracker • Jan 16, 2010

	Prop 8 Trial -- Day 4: Gay Weddings Help the Economy and Discrimination Is Unhealthy A San Francisco economist testified today that same-sex weddings would generate more than $35 million in annual spending in San Francisco and produce millions of dollars in additional tax revenue. Edmund Egan, chief economist for the city and county of San Francisco, said he based his short-term projections on the revenue generated by more than 5,000 same-sex weddings in San Francisco during the ... The Stranger • Jan 15, 2010

	Psychologist testifies on 'remarkable similarities' of gay and straight couples Reporting from San Francisco - A federal trial on same-sex marriage focused Wednesday on the similarities and differences between homosexual and heterosexual couples, with a psychology professor citing "remarkable similarities." Letitia Peplau, an expert on couple relationships, testified that studies have found that the quality of heterosexual and homosexual relationships was on average "the sam... LA Times • Jan 14, 2010

	Blankenhorn: A Brief Summary It appears that David Blankenhorn will be the primary witness for the defense of Proposition 8. ProtectMarriage.com's attorney, Chuck Cooper, has said that Blankenhorn will * show that the preponderance of historical and social leaders agree that this the naturally procreation sexual act that is protected, that it's pro-child * show that if gay marriage is legal, it will lead to higher di... Box Turtle Bulletin • Jan 14, 2010

	Perry v. Schwarzenegger: day three synopsis The Defense's cross-examination of History Professor George Chauncey continued. Prop 8's David Thompson sought to get Chauncey to agree that gay people are not really subject to discrimination. This is an attempt to battle Olson/Boies' goal of establishing sexual orientation as a subject class and thus more highly protected from discrimination.... Box Turtle Bulletin • Jan 14, 2010

	American Foundation for Equal Rights responds to ban on cameras Before today's midday recess, powerful evidence was introduced that exposed the discriminatory motivations of Proposition 8, as demonstrated by campaign communications and statements by William Tam, an Official Proponent of the initiative. Video of Tam's deposition, which was taken on Dec. 1, 2009, was shown in court today. Question: "And it is your understanding that part of the gay agenda is le... LGBT POV • Jan 13, 2010

	Supreme Court says 'no' to cameras at California trial on gay marriage In federal court Wednesday, evidence in the case targeted a proponent of Proposition 8 who warned voters in a letter during the 2008 campaign that gay rights activists would try to legalize sex with children if same-sex couples had the right to wed. San Francisco resident Hak-Shing William Tam, a defendant in the lawsuit, discussed the letter sent to Chinese-Americans church groups during a legal... LA Times • Jan 13, 2010

	Wrapping Up Day 2 The pattern looks pretty clear. Our side is saying that gays and lesbians have been harmed for a really long time, that there has been institutional discrimination, that they are a suspect class (meaning they should be covered by the equal protection clause). Our side is also showing that marriage will be strengthened by permitting loving same-sex couples access it, that society will be more stabl... Prop 8 Trial Tracker • Jan 12, 2010

	Ted Olsen's opening statement. Regardless of how the district court rules, the result will be appealed to the Ninth Circuit. They will likely overturn Prop 8, because that's what they're like. Then it goes to the Supreme Court, and that's when things get interesting, because John Roberts is likely the one swing vote.... Bus Your Own Tray • Jan 12, 2010

	Calif couples tell of gay marriage ban's toll Two same-sex couples gave intimate accounts of their private and public lives Monday during the opening day of a highly anticipated federal trial to decide the constitutionality of state bans on gay marriage, at times tearfully testifying about moments of awkwardness, disappointment and shame that they said resulted from their inability to legally wed.... SF Gate • Jan 11, 2010

	Authors Discuss Genesis of Marriage Equality Book Co-authors Geoffrey King and Sunny Angulo held a release party last week for their new book, Such a Bitter Sweet Day: Marriage Equality in the Wake of Prop 8. The book, which includes a foreward by San Francisco City Attorney Dennis Herrera, chronicles the Marriage Equality movement and the various impacts of Proposition 8, a controversial ballot measure passed by California voters in 2008 overtu... Fog City Journal • Jan 11, 2010

	Olson/Boies have until noon Sunday (EDT) to reply to Prop 8 plea to US Supreme Court As we noted earlier, citing the report by Variety's Ted Johnson, the Prop 8 proponents filed a motion with the US Supreme Court to ban the camera in the federal Prop 8 trial set to start on Monday. Johnson wrote that the Prop 8 proponents asked Justice Anthony Kennedy for a stay to the proceedings while they petition the Supreme Court about allowing in the camera and posting the video on YouTube.... LGBT POV • Jan 9, 2010

	The Conservative Case for Gay Marriage Many of my fellow conservatives have an almost knee-jerk hostility toward gay marriage. This does not make sense, because same-sex unions promote the values conservatives prize. Marriage is one of the basic building blocks of our neighborhoods and our nation. At its best, it is a stable bond between two individuals who work to create a loving household and a social and economic partnership. We enc... Newsweek • Jan 9, 2010

	A Risky Proposal: Is it too soon to petition the Supreme Court on gay marriage? On January 11th, a remarkable legal case opens in a San Francisco courtroom--on its way, it seems almost certain, to the Supreme Court. Perry v. Schwarzenegger challenges the constitutionality of Proposition 8, the California referendum that, in November, 2008, overturned a state Supreme Court decision allowing same-sex couples to marry. Its lead lawyers are unlikely allies: Theodore B. Olson, the... The New Yorker • Jan 9, 2010

	Prop 8's Tam wants to withdraw from federal Prop 8 trial The timing is very interesting, coinciding as it does with the Prop 8 proponents asking both Judge Walker and the 9th Circuit to delay the trial show they can show evidence that their witnesses fear for their lives if their faces are broadcast.... LGBT POV • Jan 9, 2010

	On marriage rite, gays refocus on just unions This year, she says, a campaign for legal rights will focus on couples in the middle of the country, where Colorado, Nevada and Wisconsin last year approved domestic partnerships -- legally recognized unions between unmarried couples, homosexual or heterosexual. Domestic partnerships are defined by each state but generally convey such rights as health benefits and the right to visit a sick partne... USA Today • Jan 8, 2010

	Why the Prop. 8 Trial is So Important In the context of the equal protection clause in particular, this will be, by definition, anti-majoritarian. Courts must, as part of their job description, sometimes be asked to decide whether the majority is giving itself legal advantages that it is denying to a minority. Sometimes that can be justified, sometimes not. It all depends on the evidence and the reasons offered. If the court's rea... Independent Gay Forum • Jan 8, 2010

	NY group uses guerrilla tactics against anti-marriage legislators The Monserrate party-crashing was the first in a planned series of acts of civil disobedience the group plans, according to Bounville. In a Jan. 4 phone interview with EDGE, he wouldn't divulge details on targets, dates or locations, but the group is now called Queer Rising. Bounville said its mission is "demanding queer rights through direct action."... Edge • Jan 8, 2010

	High-Stakes Gay Marriage Trial to Begin in Calif. ''This could be our Brown vs. Board of Education,'' said former Clinton White House adviser Richard Socarides, referring to the 1954 Supreme Court decision that outlawed racial segregation in schools and other public facilities. ''Certainly the plaintiffs will tell you they are hoping for a broad ruling that says that any law that treats someone differently because of sexual orientation violates t... NY Times • Jan 8, 2010

	Pro-gay provisions may be stripped from health bill According to The Hill, a newspaper that serves Capitol Hill readers, leaders of the House and Senate decided Tuesday evening to stick with the Senate version of the health care reform bill -the one without any pro-gay provisions--rather than go through a conference committee negotiation to merge the two versions. The paper said the decision was made on Tuesday night in a meeting that included only... 365Gay • Jan 8, 2010

	The moral and constitutional case for a right to gay marriage Thomas Jefferson set the stage in the Declaration of Independence: "[T]o secure these Rights, Governments are instituted among Men." The primary purpose of government is to safeguard individual rights and prevent some persons from harming others. Heterosexuals should not be treated preferentially when the state carries out that role. And no one is harmed by the union of two consenting gay people.... New York Daily News • Jan 8, 2010

	Did Prop 8 Pass Because of Voter Fraud? There Might Not Be Another Statistical Explanation For It The interpretation that the disparity between the exit poll data and the official results for Proposition 8 is due to a corrupted vote count is bolstered by the fact that the official results for Proposition 4 are so easily explained by data from the very same exit poll - the same voters, the same day. The official results for Proposition 8 may very well be fraudulent.... Queerty • Jan 7, 2010

	Judge approves delayed YouTube video of trial in Prop. 8 challenge Walker rejected the arguments of Proposition 8's defenders, who opposed any broadcast of the proceedings outside the San Francisco federal building. It was not clear from Walker's remarks how long the delay would be for the video to be posted on the Internet.... Mercury News • Jan 6, 2010

	Breaking: Judge Approves "Televising" Prop 8 Trial (Updated) A federal judge in San Francisco has approved the televising of the Prop 8 trial, set to begin on Monday. While there will be no live broadcast by outside media, the trial will be recorded by the court and then made available on YouTube.... National Lesbian & Gay Journalists Association • Jan 6, 2010

	NJ Senate Schedules Vote on Gay Marriage New Jersey's state Senate is set to vote on whether to legalize gay marriage. Sen. President Richard Codey has scheduled the vote for Thursday. Codey said Tuesday that the people of New Jersey ''deserve the right to a formal debate on the Senate floor.''... NY Times • Jan 6, 2010

	Urgent: Sign the letter telling Judge Vaughn Walker to televise the Prop 8 trial This is your one chance to urge Judge Walker to do the right thing in the name of equality, transparency and accountability. Join the Courage Campaign Institute and CREDO Action and sign this letter to Judge Walker. Optional: Please add your own personal comments. We will personally hand-deliver your comments. DEADLINE: Friday 9 AM.... Courage Campaign • Jan 5, 2010

	EXTREMELY URGENT: Should Prop 8 Trial Be Televised? This whole episode raises the question of what the Prop 8 supporters have to hide. They haven't been shy about their vocal support for denying equality in the past. Few have faced intimidation and harassment for it. It's more likely that their true motivation is to prevent the American people from hearing the powerful and compelling case that Boies and Olson are going to make in that courtroom. B... Daily Kos • Jan 5, 2010

	Anatomy of a Complaint The dozens of individuals interviewed for this story share a belief that Prop. 8 is discriminatory, that it violates the U.S. Constitution, and that same-sex couples should have the right to wed. They have publicly united in support of the federal suit. But after some tense weeks of discord, they remain divided about the suit's wisdom and timing.... California Lawyer • Jan 4, 2010

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