Prop 8 Plaintiffs See Crucial Language in Supreme Court's Law School Ruling

"Our decisions have declined to distinguish between status and conduct in this context," wrote Justice Ruth Bader Ginsburg, who cited Justice Sandra Day O'Connor's concurrence striking down a sodomy statute in Lawrence v. Texas. Justice Anthony Kennedy joined Ginsburg's opinion. He's the crucial fifth vote that same-sex marriage plaintiffs are counting on, should the federal challenge to Prop 8 m...

Law.com • Jun 30, 2010

Prop. 8 Challengers See Promise in Supreme Court Decision

In a recent decision, the U.S. Supreme Court upheld the view that gays and lesbians are an identifiable class in the eyes of the law -- a characterization that anti-gay-marriage forces have vigorously fought and that attorneys challenging California's Proposition 8 see as a crucial element of their case. In a Tuesday letter to U.S. district judge Vaughn R. Walker, Theodore J. Boutrous, who argue...

Advocate • Jun 30, 2010

David Boies on the fight for gay marriage

During the campaign [in California in 2008], it was "Protect our children. Don't let them know about gay and lesbian marriage, because if they learn about gay and lesbian marriage they'll think the gay and lesbian lifestyle is OK, and that's wrong." When they got to trial, I think they recognized that that blatantly discriminatory message was not going to fly. So they started off by saying, "You'v...

• Jun 28, 2010

Dare to Hope: This Week in Prop 8 for 6/28/10

Breath remained bated this week as everyone waits for Judge Walker's decision in Perry vs Schwarzenegger. It's looking ever-so-slightly good for the gays; even our opponents think we might win this round. Check out ...

Stop8.org • Jun 28, 2010

Preparing for the Prop 8 Trial Decision

Umhoefer says that, unlike other court decisions where there is often ample notice given to the attorneys, Walker can issue his ruling at any time. The Media Coalition, represented by Thomas Burke of Davis Wright Tremaine LLP, sent a letter to Walker Thursday requesting 48 hour advance notice....

LGBT POV • Jun 27, 2010

Cancel Gay Pride until we have marriage equality!

What we can take out of their playbook is organization and passion. I would like to propose to the entire worldwide gay community that they cancel gay pride events until we have marriage equality. All those thousands of people who go to gay pride, those are bodies that could put on a shirt and go into the neighborhood and tell their story. We should wait until we have equality to have our party. I...

Salon • Jun 26, 2010

Maggie predicts that she'll lose Perry

And while Maggie's beliefs about what the Supreme Court will do have no greater validity than her beliefs about the definition of marriage (I have no presumption how they will decide), I do agree with her that it is likely that Judge Walker will find Proposition 8 to be in violation of the US Constitution....

Box Turtle Bulletin • Jun 24, 2010

Closing Arguments: This Week in Prop 8 for 6/21/10

It's a wrap: This week, we heard closing arguments in Perry vs Schwarzenegger, and now Judge Walker could rule at any moment. There was only one last-minute surprise: the Prop 8 proponents asked the judge to ...

Stop8.org • Jun 21, 2010

Ted Olson's Best Quotes From Prop 8's Closing Arguments

As you know, Ted Olson is the lead counsel for the plaintiffs, the pro-marriage equality side. Everyone, including Maggie Gallagher, the founder of the National Organization for Marriage, feels Olson's work, along with David Boies, his co-counsel, was so expert we have a strong chance of winning. In fact, Maggie, already shilling for your money, said, "I expect Judge Walker will overrule Prop 8." ...

• Jun 20, 2010

Interview with Prop 8 Challenger David Boies on the Trial, Releasing the Trial Videotape, and the Threat to the 18,000 Married Couples

No doubt about it - watching federal Prop 8 challengers Ted Olson and David Boies together, you can see how much they have grown to love each other. Oh, sure - the respect has been there for at least 10 years since they went mano-a-mano in the Bush v Gore case in which the U.S. Supreme Court came down on Olson's side....

• Jun 20, 2010

Prop. 8 role defines local Assembly hopeful

Candidate Pugno downplays the issue's importance to him. That makes sense. Few voters care as deeply about it as he does. He needs to worry that voters fearing for their jobs might decide against launching the political career of a man for whom traditional marriage has been a cause and a calling....

• Jun 20, 2010

Federal Prop 8 Trial Closing Argument Transcript Posted

The American Foundation for Equal Rights has posted the official transcript of the closing arguments in the federal Prop 8 trial in Judge Vaughn Walker's San Francisco court room yesterday. See for yourself what all the fuss is about....

LGBT POV • Jun 17, 2010

Prop. 8 backers: Marriage promotes procreation

"The marital relationship is fundamental to the existence and survival of the race," Cooper said in closing arguments before a packed San Francisco courtroom. The reason the state regulates marriage, he said, is to steer "procreative sexual relationships" into a stable family environment so that children can be raised by their biological parents. Other federal courts have relied on that argument ...

SF Gate • Jun 17, 2010

At the AFER Press Conference

Q: Is this the case that will go to the Supreme Court? O: I believe it is. It is California. There is no other case in federal court that challenges a state. Whether or not we win or lose, we will appeal, I cannot imagine the other side won't. Someone will bring this to the Supreme Court....

Prop 8 Trial Tracker • Jun 16, 2010

No Rational Basis

I've been trying to keep abreast of the closing arguments, hitting refresh on several different websites. Through all of this, I have tried to at least, on occasion, take a step back to be as objective as possible. I was always something of a skeptic. After all, much of our judiciary has been appointed by Republicans. It just seemed like the logical conclusion of all this was some sort of temporar...

Prop 8 Trial Tracker • Jun 16, 2010

You Can Help Send Stop8.org to Netroots Nation!

Hey folks! Netroots Nation is a giant national conference for progressive online leaders, and it's coming up next month in Las Vegas. Here's the exciting part: Freedom to Marry is holding a scholarship contest to send one lucky blogger to the conference. And Stop8.org founder Matt Baume is among the ten finalists! Click here to give ...

Prop. 8 backers target 18,000 same-sex marriages

As the trial over California's prohibition on same-sex marriage enters its final stage today, the ban's sponsors are urging the judge to go a step further and revoke state recognition of the marriages of 18,000 gay and lesbian couples who wed before voters passed Proposition 8....

SF Gate • Jun 16, 2010

As Prop 8 Trial Concludes, Study Shows Risk of Rushing to Ballot

Today, the Proposition 8 trial in San Francisco Federal Court will hear its long-awaited closing arguments - as gay marriage advocates prepare to return to the ballot. And a new study conducted by the Haas Jr. Foundation looks at pre-election polling data from 33 states that passed anti-gay marriage initiatives. It concludes (a) we always do worse than what polls say, and (b) voters don't change...

Calitics • Jun 16, 2010

Expect More of the Same

To summarize the plaintiffs position a little bit, what they are saying is that they believe that a) gays and lesbians are/should be a suspect class and that b) the proponents must prove their case accordingly. Now, I should point out that in In re Marriage Cases, the 2008 decision that made my marriage possible, the California Supreme Court said that sexual orientation is a suspect class under th...

Prop 8 Trial Tracker • Jun 15, 2010

Prop. 8 judge wants a discussion of 'choice' in sexual orientation

A ruling in the lawsuit brought by two couples who want to marry is expected this summer. The decision will probably be appealed to the U.S. 9th Circuit Court of Appeals and then to the U.S. Supreme Court....

LA Times • Jun 15, 2010

Prop 8 proponents lose pre-closing skirmish

Closing arguments get underway Wednesday in the Proposition 8 case in California, and attorneys representing the various officials who campaigned for the ban on same-sex marriage were just dealt another blow. U.S. District Court Judge Vaughn Walker issued an order Friday denying their request to strike from the evidence certain emails that demonstrate how heavily involved Catholic and Mormon chur...

Keen News Service • Jun 15, 2010

Answers to Walker's questions

Both sides turned their homework in early. They each submitted written responses to Judge Walker's 29 questions in advance of tomorrow's closing arguments. They also addressed all of the questions, even though some were directed just at the proponents. Here are the responses from the good guys....

Prop 8 Trial Tracker • Jun 15, 2010

Brief Guide to the Federal Prop 8 Trial Closing Arguments

To lay people like me, the federal Prop 8 case seems to boil down to the constitutional rights of gays as a group of historically disadvantaged people versus the political will of "the people" based on their religious beliefs. After the majority of the case concluded last Januray, philosopher/columnist Linda Hirshman wrote in the Daily Beast that the "gay-marriage case now unfolding in a San Franc...

LGBT POV • Jun 15, 2010

Same Sex Marriage Study Says Voters' Minds Made Up Before Campaigning Starts

A San Francisco-based foundation released a study today that shows that voters nationwide don't change their minds during the course of an election campaign on whether to approve a ban on same-sex marriage. Patrick Egan, an assistant professor of political science at New York University, said the study looked at whether ballot measure campaigns "change voters' hearts and minds in a particular dir...

San Francisco Appeal • Jun 15, 2010

Act On Principles to Live Tweet Prop 8 Trial Closing Arguments

Tomorrow, Wednesday June 16, Closing Arguments will be heard in the Federal District Court bench trial Perry v Schwarzenegger, also known as the Prop 8 trial. Act On Principles will be live tweeting from the San Francisco courthouse beginning about 10 AM Pacific Time. The feed will be available on the Act On Principles home page (www.ActOnPrinciples.org), or by following @Actonprinciples on Twitte...

Act on Principles • Jun 15, 2010

Olson & Boies Exorcise the Ghosts of Homophobia Past

Later this summer, we'll offer you the opportunity to give your own testimony. Once you see what happened in court, you can tell your friends and the American public your own story. How has discrimination affected you? What happened when you went to your wedding (we want everyone to tell this story, straight, gay, bi, lesbian and transgendered)? What did your friends think? What do your friends th...

Prop 8 Trial Tracker • Jun 15, 2010

Closing Arguments Due in Gay-Marriage Case

Should he decide to overturn Prop 8, Judge Walker could allow gay couples to begin marrying immediately or wait until appellate court has reviewed the case. Defenders of the ban could also request that an appellate court stay any ruling. The case is widely expected to be appealed to the Ninth U.S. Circuit Court of Appeals and possibly the Supreme Court. How any ruling is framed could affect wheth...

Wall Street Journal • Jun 15, 2010

Justin Long and Lawyers: This Week in Prop 8 for June 14, 2010

This is it! Get ready for closing arguments in the Prop 8 case. We're counting down the last few seconds on the clock before everyone reunites in court to plead their final case. One one side, there's the American Foundation for Equal Rights, which named two new...

Stop8.org • Jun 14, 2010

Attorneys Preview Closing Argument Strategy in Prop. 8 Case

Regarding one of Walker's thornier questions -- how a ruling striking down Prop. 8 as unconstitutional would affect the constitutionality of the federal Defense of Marriage Act -- Olson said, "Even if you assume that DOMA is constitutional, it's still critical to eliminate state discrimination that prohibits gays and lesbians from marrying. This is the last area in our country where we have state-...

Advocate • Jun 11, 2010

Great call with Ted Olson, Chris Dusseault, and Ted Boutrous

Chris Dusseult does not believe that Judge Walker will strike Dr. Tam's testimony and expects he will rule in their favor. Ted Olson repeatedly made the point that when minority's civil rights are voted upon they often lose and that is exactly why we have the court system as a check on those votes. Olson also was emphatic about the importance of talking about the trial. The more conversations pe...

Prop 8 Trial Tracker • Jun 11, 2010

Closing Arguments In Prop 8 Trial Definitely Won't Be Broadcast

The federal judge presiding over a trial on California's same-sex marriage ban has turned down a media coalition's request that he allow a pioneering broadcast of closing arguments next week. U.S. District Judge Vaughn Walker of San Francisco issued a brief order late Wednesday refusing to allow broadcasting of the June 16 arguments under a pilot program authorized for federal trial courts in wes...

San Francisco Appeal • Jun 10, 2010

Tough questions for each side in Prop. 8 debate

The judge in California's same-sex marriage trial had a pointed question for gay-rights advocates Tuesday: How can marriage between gay or lesbian couples be a fundamental right in a nation that denied all legal protection to their relationships until very recently? Chief U.S. District Judge Vaughn Walker put sponsors of Proposition 8 on the spot with another question: In a state that treats dome...

SF Gate • Jun 9, 2010

Mormon Church to be fined by state political commission over Proposition 8

The state Fair Political Practices Commission is expected to fine the Church of Jesus Christ of Latter-day Saints for not properly reporting about $37,000 worth of contributions to pass California's ban on same-sex marriages. The commission will fine the Salt Lake City-based church $5,538 for failing to report the numerous contributions. The fine comes in response to a complaint filed in November...

LA Times • Jun 9, 2010

Judge Walker's Questions for Closing Statements

Today, Judge Vaughn Walker delivered a series of 29 questions (12 to plaintiffs, 12 to Prop 8 supporters, and 15 to both) that will guide the Closing Statements. You can read them all here. "What follows is by no means an exhaustive list of questions," he writes, "but is intended simply to assist the parties in focusing their closing arguments." But what some of them reveal is where the Judge is ...

Prop 8 Trial Tracker • Jun 9, 2010

In California primaries, LGBT friends and foes advance; Now we must prepare for November

A total of 28 Equality California-endorsed candidates sailed to victories in their primaries, including not only LGBT candidates but also a number of staunch allies, for offices from the local to the federal level. These candidates gain EQCA's endorsement only by being 100 percent for full lesbian, gay, bisexual and transgender equality, including marriage equality and insurance coverage for trans...

California Ripple Effect • Jun 9, 2010

Federal Prop 8 Trial Schedule for Closing Arguments

Next week, on Wednesday, June 16, attorneys arguing in Perry v. Schwarzenegger, the federal lawsuit challenging the constitutionality of Prop 8, will deliver their closing arguments before District Court Judge Vaugn Walker in San Francisco. Please check the American Foundation for Equal Rights for updates. The court just released the schedule for those arguments:...

LGBT POV • Jun 8, 2010

A Courage Campaign Conversation with Ted Olson

On Wednesday, June 9, at 6 p.m. PT/9 p.m. ET, the Courage Campaign will host a unique discussion with Ted Olson about Perry v. Schwarznegger, the Prop 8 trial and the upcoming closing arguments. The discussion will be moderated by Rick Jacobs, Chair of the Courage Campaign, as part of our "Courage Campaign Conversations" series where notable leaders and authors have an interactive discussion live...

Courage Campaign • Jun 8, 2010

Overturn Prop 8, Make Homosexuals Marry

Justin Long and Mike White star as Devin and Glenn, a married gay couple, in this charming new PSA calling for the repeal of Proposition 8, a controversial constitutional amendment banning same-sex marriages in the state of California. The couple go through the familiar stereotypical stages of married life, settling into bored routines and working through minor frustrations. Gay marriage isn't an...

Technorati • Jun 8, 2010

Marriage equality for all couples

Toward that goal, we have agreed to co-chair the advisory board of the American Foundation for Equal Rights. The foundation helped launch the case of Perry v. Schwarzenegger, which is currently before a federal district court in California but is likely to be appealed all the way to the U.S. Supreme Court. The Perry case -- scheduled for closing arguments next Wednesday -- was brought by two coup...

Washington Post • Jun 8, 2010

American Foundation for Equal Rights Names Robert Levy and John Podesta Advisory Board Co-Chairs

The American Foundation for Equal Rights, which launched the historic ongoing federal court challenge to Proposition 8, today named Robert A. Levy, chairman of the libertarian Cato Institute, and John Podesta, President and CEO of the progressive Center for American Progress, as Co-chairs of the Foundation's Advisory Board. Prop. 8 is the ballot initiative that eliminated equal marriage rights in...

American Foundation for Equal Rights • Jun 8, 2010

Liars and Taxes: This Week in Prop 8 for June 7, 2010

Is David Blankenhorn a liar, forgetful, or both? It's been a bad week for the anti-gay witness who first claimed that he'd never heard of not-at-all-gay minister George Alan Rekers; and then later had to change his story and admit that he had, in fact, read some of Rekers' writing just before the Prop 8 trial. ...

Stop8.org • Jun 7, 2010

Blankenhorn lied to the NYT about Rekers

This is bizarre, yet somehow unsurprising. David Blankenhorn, star witness for the defense, who was dismantled by Boies on the stand penned a letter-to-the-editor, kvetching about being tied to George Rekers. Blankenhorn swore that he cross his heart, hope to die, never read any of Rekers' works....

Prop 8 Trial Tracker • Jun 7, 2010

Study: Children of Lesbian Parents May Be Better Off Than Their Peers

That's the conclusion of researchers who followed a group of families headed by Lesbian couples for twenty-four years. This month, the journal Pediatrics, published by the American Academy of Pediatrics, posted online the latest installment of the long-running longitudinal study which recruited and followed the children of 154 prospective lesbian mothers who joined the study between 1986 and 1992....

Box Turtle Bulletin • Jun 7, 2010

LGBT Rights Activists Gathering for California Power Summit

June 3 - As part of the effort to build the political power of the lesbian, gay, bisexual and transgender (LGBT) movement at the state and local level in preparation to repeal Prop. 8, activists working to regain the freedom to marry in California are converging in East Los Angeles on June 4--6 for the California Power Summit, one of the National Gay and Lesbian Task Force's signature grassroots o...

Common Dreams • Jun 5, 2010

Moving Forward Towards Equality

Regrettably, we cannot yet rely upon the courts to do the right thing, although this case is the best shot we've ever had. So what is to be done? The answer is pretty straightforward: spend at least $4 million--a tenth or so of the money folks will be asked to shell out for a 2012 California measure--to run a national campaign to change the way people think. The trial gave us the skeleton for suc...

Prop 8 Trial Tracker • Jun 5, 2010

The IRS changes tax rules to recognize CA same-sex relationships

For several years, California law has treated couples in domestic partnerships exactly the same as marriages, including in how income tax returns were filed. But the federal government's DOMA has banned any recognition of same-sex couples as married and the Internal Revenue Service has treated them as though they were two unrelated individuals. This has resulted in the peculiar situation in which ...

Box Turtle Bulletin • Jun 4, 2010

Exclusive Clip Reveals Church Coerced Members to Raise Millions For Prop. 8 Campaign (VIDEO)

The Church of Jesus Christ of Latter-day Saints waged spiritual warfare with money and misinformation in an epic astroturf campaign against gay citizens, according to a new film by journalist and former Mormon missionary Reed Cowan. The film, "8: The Mormon Proposition," documents the church's historic involvement in the promotion and passage of California's Proposition 8 and the religion's ongoin...

Huffington Post • Jun 4, 2010

How the Prop 8 court can balance justice and judicial limits

After extensive analysis of case law, the author concludes that the United States Constitution's Equal Protection jurisprudence dictates that Proposition 8 be struck down, since "[a]ny legislation must have a public purpose other than stigmatization," and "no public purpose that could plausibly be served by this retroactive reduction in status has been offered to dispel the usual inference that an...

Sexual Orientation and the Law Blog • Jun 2, 2010