January 11, 2010

Today’s the Day

SAN FRANCISCO — January 11, 2010 — The federal trial over the unconstitutionality of Proposition 8 will begin Monday, January 11 with an opening statement by attorney Theodore Olson, who with David Boies is leading the legal team assembled by the American Foundation for Equal Rights to litigate the case, Perry v. Schwarzenegger. Opening statements will be followed by testimony from Kris Perry, Sandy Stier, Paul Katami and Jeff Zarrillo, who comprise two couples who wish to be married but who were denied marriage licenses because of Proposition 8.

Available info: please contact press@equalrightsfoundation.org

NOTE: POLICE OR COURTHOUSE CREDENTIALED MEDIA ONLY

• For courthouse access information, visit: https://ecf.cand.uscourts.gov/cand/09cv2292/

• For information about remote viewing locations, visit: http://www.equalrightsfoundation.org/news/watch-prop-8-trial-live/

• Visit http://www.equalrightsfoundation.org for updates regarding potential broadcast of trial, photos, any available footage, court filings, live tweets from the courthouse and more.

• Plaintiff’s case is outlined at http://www.equalrightsfoundation.org/legal-filings/plaintiffs-trial-brief/

Olson and Boies notably represented George W. Bush and Vice President Al Gore respectively in the 2000 Supreme Court case that decided the presidency.

At trial, Chief Judge Vaughn R. Walker of the U.S. District Court, Northern District of California, will weigh witness testimony, a multitude of documents and other evidence, and arguments presented by some of the nation’s most distinguished attorneys.

“This unequal treatment of gays and lesbians denies them the basic liberties and equal protection under the law that are guaranteed by the Fourteenth Amendment of the United States Constitution,” the plaintiffs’ suit states.

According to the suit, Prop. 8:

• Violates the Due Process Clause by impinging on fundamental liberties.

• Violates the Equal Protection Clause of the Fourteenth Amendment.

• Singles out gays and lesbians for a disfavored legal status, thereby creating a category of “second-class citizens.”

• Discriminates on the basis of gender.

• Discriminates on the basis of sexual orientation.

Olson and Boies will also point out the “crazy quilt” of separate, unequal and unconstitutional classifications of people that Prop. 8 has compelled the California government to create:

• Opposite-sex couples who have full marriage rights

• Same-sex couples who have no marriage rights

• Same-sex couples married between May and Nov. 2008 whose current marriages are recognized, but who will be unable to remarry if widowed or divorced

• Same-sex couples married in other states who may petition California for recognition.

The defendants have the burden of demonstrating that Prop. 8 is narrowly drawn to serve a compelling government interest. Olson and Boies will demonstrate at trial, however, that the initiative fails to advance even a single legitimate interest. Tellingly, when asked by Chief Judge Walker at an Oct. 14 hearing to identify any harm to opposite-sex marriage that would result from marriage equality, the defendants’ attorney answered “I don’t know.”

The case against Prop. 8 has proceeded with uncommon speed toward trial. In an order issued after the first hearing in the case, Chief Judge Walker stated: “Given that serious questions are raised in these proceedings … the court is inclined to proceed directly and expeditiously to the merits of plaintiffs’ claims. … The just, speedy and inexpensive determination of these issues would appear to call for proceeding promptly to trial.”

“More than 30 years ago, the United States Supreme Court recognized that marriage is one of the basic rights of man,” the suit states, referring to the Court’s decision in Loving v. Virginia.

Chad Griffin, board president of the American Foundation for Equal Rights, noted that near the time when the Supreme Court struck down interracial marriage bans with its 1967 Loving v. Virginia decision, a Gallup poll found that 73 percent of Americans did not approve of interracial marriage.

While Gov. Arnold Schwarzenegger and Attorney General Jerry Brown were named defendants in their official capacities, along with other state and county officials, Prop. 8 is being defended in court by a prominent conservative organization, the Alliance Defense Fund. Gov. Schwarzenegger earlier filed a brief that did not dispute the unconstitutionality of Prop. 8, and called for swift action by the courts. Attorney General Brown, the state’s chief law enforcement officer, filed a brief agreeing with the plaintiffs’ position that Prop. 8 is unconstitutional.

The ACLU, Lambda Legal, and National Center for Lesbian Rights (NCLR) are participating in the case as amici (friends of the court) in support of the plaintiffs. The City and County of San Francisco, led by City Attorney Dennis Herrera and Chief Deputy City Attorney Therese Stewart, are supporting the plaintiffs’ team as co-counsel, with a specific focus on the negative impact Prop. 8 has on government services and budgets. Herrera and Stewart led the legal battle toward the California Supreme Court decision that struck down California’s previous same-sex marriage ban.

The American Foundation for Equal Rights Advisory Board, which was announced January 9th, includes Julian Bond, Lt. Dan Choi, Margaret Hoover, Dolores Huerta, Cleve Jones, Stuart Milk, David Mixner, Hillary Rosen and Judy Shepard. For more information, see http://www.equalrightsfoundation.org/press-releases/american-foundation-for-equal-rights-names-advisory-board/.

Olson is a former U.S. Solicitor General and is widely regarded as one of the nation’s preeminent constitutional lawyers, and has argued 55 cases in the U.S. Supreme Court. Boies ranks as one of the leading trial lawyers of his generation, having secured landmark victories for clients in numerous areas of the law. This is the first time they have served alongside each other as co-counsel.

Kris Perry and Sandy Stier have been together for nine years and are the parents of four boys. Perry is Executive Director of First 5 California, a state agency that promotes education and health for children under five. She holds a BA from the University of California, Santa Cruz and an MSW from San Francisco State University. Stier is Information Technology Director for the Alameda County Behavioral Health Care Services Agency. She is originally from Iowa and is a graduate of the University of Iowa. Perry and Stier first tried to marry in 2004, after the City of San Francisco began issuing licenses. They live in Berkeley, CA.

Paul Katami and Jeff Zarrillo have been together for eight years. Katami is a fitness expert and business owner who graduated from Santa Clara University before receiving his graduate degree from UCLA. Zarrillo is the General Manager of a theater exhibition company. A native of New Jersey, Zarrillo graduated from Montclair State University. Having wanted to marry each other for more than two years, they considered options including traveling to other states for a “civil union,” but felt any alternative fell short of marriage. They live in Burbank, CA.

They have issued the following joint statement: “We and our relationships should be treated equally under the law. Our goal is to advance the cause of equality for all Americans, which is the promise that makes this nation so great.”

Source: American Foundation for Equal Rights

Tweet This Post!

September 9, 2009

Where Do We Sign?

SACRAMENTO — September 9, 2009 — Secretary of State Debra Bowen today announced that the proponents of a new initiative may begin collecting petition signatures for their measure.

Tweet This Post!

Courage Campaign Calls on Attorney General to Investigate Assemblyman Michael Duvall

LOS ANGELES — September 9, 2009 — After California Assemblyman Michael Duvall (R-Orange County) was caught making obscene boasts about sex with married lobbyists on a live microphone in committee meeting, the 700,000-member Courage Campaign called on Attorney General Jerry Brown to investigate.

Tweet This Post!

September 1, 2009

Maine Ethics Commission Hits Hard on Opponents of Same-Sex Marriage

AUGUSTA, ME — September 1, 2009 — Jonathan Wayne, Executive Director of State of Maine Commission of Governmental Ethics and Elections Practices, sent a strongly worded four page letter to Stand for Marriage Maine PAC (SFMMP) and the National Organization for Marriage (NOM), seeking more information on the charges of “money laundering” against them in their campaign to repeal Maine’s same-sex marriage law.

The letter sent to Joseph Keaney, Stand for Marriage Maine PAC’s Treasurer and Brian Brown, NOM’s Executive Director, called upon both organizations to respond in writing by September 17, 2009 “…concerning whether the Commission should conduct an investigation.”

Tweet This Post!

August 30, 2009

ACLU Mourns Passing of Larry Frankel, Former ACLU-PA Legislative and Executive Director

PHILADELPHIA — August 30, 2009 — It is with great sadness that the American Civil Liberties Union of Pennsylvania marks the passing of Larry Frankel, who served as Legislative Director to the organization from 1992 through 2008 and Executive Director from 1996 to 2001. At the time of his death, Larry was the State Legislative Counsel for the American Civil Liberties Union in its Washington Legislative Office.

Tweet This Post!

August 26, 2009

Formal Request for Investigation of Money Laundering Filed in Maine Gay Marriage Election

AUGUSTA, Maine — August 26, 2009 — Fred Karger, founder of Californians Against Hate, an LGBT watchdog group, sent a letter detailing alleged election law violations by Stand for Marriage Maine to the Maine Commission on Governmental Ethics and Election Practices. The request for an immediate investigation was sent yesterday to the Jonathan Wayne, the Commission’s Executive Director and a copy to attorney General Janet Mills.

The nine page complaint (below) and fourteen attachments spell out how the National Organization for Marriage (NOM), the Roman Catholic Diocese of Portland, Knights of Columbus of Washington, DC and James Dobson’s Focus on the Family had contributors give the money to their organizations, and then they in turn gave the money to the Stand for Marriage Maine in order to hide the identity of the donors.

Tweet This Post!

August 13, 2009

Karger Warns Maine of Money Laundering by NOM, Mormons, Dobson, & Others

LOS ANGELES, CA / AUGUSTA, ME — August 13, 2009 — Californians Against Hate founder Fred Karger sent a letter today warning top Maine election officials of possible money laundering by opponents of same-sex marriage.

The organization trying to overturn Maine’s same-sex marriage law, Stand for Marriage PAC recently turned in 100,000 signatures to place the question on the November ballot. These gay marriage foes hope to repeal LD 1020 — the law passed by the Legislature and signed by the Governor allowing same-sex marriage in Maine.

Of the $343,689.50 raised to pay the Brighton, Michigan-based National Petition Management, Inc. to collect the signatures, only $400, or a mere .001 of that total came from individuals. The remaining $343,289.50 was given by various religious organizations and James Dobson’s Focus on the Family. The National Organization for Marriage (NOM) gave nearly half of that total, $160,000. The remainder came from Catholic organizations ($150,000) and James Dobson’s Focus on the Family ($31,000).

“It sure looks like they are trying to hide the donors in their latest effort to strip away marriage equality,” said Fred Karger. “There is no way these organizations like NOM and the Roman Catholic Diocese of Portland had all this money sitting in their treasuries (except for possibly Focus on the Family). They went out and raised it expressly for this campaign. It’s very expensive to hire these signature gathering firms to collect 100,000 signatures in a short period of time.”

Tweet This Post!

July 31, 2009

James Von Brunn Indicted for Murder of Officer Stephen Johns, Charged With Hate Crime for Holocaust Museum Attack

WASHINGTON — A federal grand jury in the District of Columbia has returned a seven-count indictment charging James Wenneker Von Brunn, 89, of Annapolis, Md., with the murder of Special Police Officer Stephen Tyrone Johns and related hate crime and gun charges for his alleged attack on the U.S. Holocaust Memorial Museum on June 10, 2009.

Tweet This Post!

July 27, 2009

Two Idaho Men Convicted for Federal Hate Crime Assault

WASHINGTON — Michael Bullard and Richard Armstrong were convicted [July 22, 2009] by a jury in Boise, Idaho, on federal hate crime and conspiracy charges in connection with the racially-motivated assault of an African American man outside of a Wal-Mart store in July 2008, announced Loretta King, Acting Assistant Attorney General of the Civil Rights Division; Thomas E. Moss, U.S. Attorney for the District of Idaho; Timothy Fuhrman, Special Agent in Charge of the FBI’s Salt Lake City Field Office; and Bill Augsburger, Chief of the Nampa Police Department.

Tweet This Post!

July 22, 2009

EFF Releases “Surveillance Self-Defense International” for Political Dissidents in Repressive Regimes

In the wake of the shocking revelation about Bluehost shutting down Web sites of Zimbabwean and Iranian dissidents (and one Belarusian national living and working in the U.S.) on the grounds that Bluehost was just following federal law (which is a crock), this naturally caught my eye:

SAN FRANCISCO — July 21, 2009 — The Electronic Frontier Foundation (EFF) released “Surveillance Self-Defense International” (SSDI) today, a practical guide to help activists from around the world use the Internet safely under repressive regimes.

Tweet This Post!

June 22, 2009

Our Next Dirty Martini Will Be Made with SKYY

Sure, Skyy gets free advertising from us via a self-congratulatory press release — but we’re always happy to give a free plug to a company when we like what they’re doing… and we like what they’re doing:

SAN FRANCISCO — June 17, 2009 — SKYY® Vodka has announced its increased support of events and programs supporting the national Gay, Lesbian, Bisexual and Transgender communities and a cause near to their hearts, HIV awareness. For 2009, SKYY is devoted to developing and expanding its partnerships with numerous gay and lesbian organizations across the country, including the STOP AIDS Project in San Francisco, Frameline33 — San Francisco’s International LGBT Film Festival, Equality California, Heritage of Pride in New York, amfAR — The Foundation for AIDS Research, AIDS Project Los Angeles and the LGBT Center in New York.

Tweet This Post!

June 18, 2009

Whaddya Think the Righties Will Emphasize: That He’s a Mormon, or an Immigrant?

Riverside Police Department (PDF, with photo):

Child Molestation Investigation

Riverside, CA — On Wednesday June 3, 2009, detectives from the Riverside Police Department’s Child Abuse and Sexual Assault Unit arrested Edilberto Esquivel Olivares (AKA: Eddie Esquivel) on several counts of child molestation.

Olivares a 39-year old, non-resident alien had been in the United States on a Work-Visa and was under investigation for several months. During the years 2001 through 2005, Olivares was a Boy Scout Assistant Leader for a troop affiliated with the Church of Jesus Christ of LDS De Anza Ward (5900 Grand Avenue in Riverside). Two independent male juvenile victims have come forward and disclosed multiple victimizations that occurred between 2002 and 2008. There is no connection between the victims and investigators believe there is a possibility there may be more victims.

Anyone with information pertaining to this child molestation investigation should contact Detective Michael Barney (951) 353-7121 or Detective J. Wood (951) 353-7125.

Tweet This Post!

June 17, 2009

First Victory in GLAD DOMA Lawsuit: Keith Toney Gets His Passport Name-Change

Keith Toney, a plaintiff in the lawsuit Gill v. Office of Personnel Management, will be able to get a U.S. passport in his married name. That is the result of a May 27, 2009 change in policy at the State Department regarding the issuance of passports to people who have changed their name after marrying someone of the same sex.

Tweet This Post!

June 16, 2009

NOW Calls on Obama to Withdraw DOMA Brief and Renounce Discriminatory Law

June 16, 2009 — The National Organization for Women calls on President Barack Obama and Attorney General Eric Holder to withdraw the U.S. Department of Justice brief filed in support of the Federal Defense of Marriage Act (DOMA) and to publicly renounce this discriminatory law. The brief was reportedly written by Bush administration holdovers, and if that is the case, this administration must immediately make it clear that President Obama does not support this position.

Tweet This Post!

June 12, 2009

Task Force, ACLU, HRC, EQCA Reactions to Obama’s “Kitchen Sink” DOMA Defense

Backstory: “Obama Defends DOMA; Invokes Incest, Rape, Child Marriage; Ditches Loving, Roemer, & Lawrence; And More That Will Make You Sick to Your Stomach,” June 12, 2009

The National Gay and Lesbian Task Force Action Fund again calls for immediate repeal of the federal “Defense of Marriage Act.” The Task Force Action Fund also denounces the egregious language used by the Department of Justice in its recent brief seeking to dismiss a challenge to DOMA.

Tweet This Post!

June 3, 2009

Survey Says… Don’t Count Rhode Island Out

Most Rhode Islanders would support a law legalizing same-sex marriage according to a new Brown University survey of registered Rhode Island voters. The poll was conducted May 18-20, 2009.

PROVIDENCE, R.I. [Brown University] — Most Rhode Island voters favor same-sex marriage by a margin of 60 percent to 31 percent, according to a new statewide survey conducted by researchers at Brown University. A larger majority, 75 percent, would support a law allowing civil unions for same-sex couples. …

Tweet This Post!

And New Hampshire Makes Six!

“Clearly this is a momentous day for New Hampshire — a state that holds individual liberty and fairness as core values.”

— National Gay and Lesbian Task Force Executive Director Rea Carey

WASHINGTON, D.C., June 3, 2009 — The National Gay and Lesbian Task Force issued the following statement after New Hampshire Gov. John Lynch signed legislation today granting the freedom to marry to same-sex couples.

“Clearly this is a momentous day for New Hampshire — a state that holds individual liberty and fairness as core values — as well as the entire country. Once again, after careful consideration, another state has concluded that denying the fundamental freedom to marry does not protect anyone; it simply places more families in harm’s way and makes them more vulnerable to hardship. The marriage victories in Massachusetts, Connecticut, Iowa, Vermont, Maine — and now New Hampshire — affirm the national momentum building for marriage equality.

“We salute Gov. John Lynch and the New Hampshire legislature for supporting this critical measure, and we extend our heartfelt thanks to the New Hampshire Freedom to Marry Coalition and GLAD for their hard work and tireless advocacy to make marriage equality a reality in New Hampshire.”

Tweet This Post!

May 28, 2009

Ted Olson on Our Side? We’re Suspicious.

I think if it does go to SCOTUS, we actually do have a good chance at winning — based primarily on Antonin Scalia’s response to Sandra Day O’Connor’s caveat about Lawrence v. Texas. (Essentially, she said the right to privacy does not open the door to marriage equality; he said, oh yes, it does, and it’s only a matter of time before marriage comes up before SCOTUS, and implied that a case could be built citing Lawrence.)

But I’m very, very wary of Ted Olson and extremely suspicious of his motives — and not only because Olson was instrumental in bringing us eight years of hell in the form of George W. Bush.

May 26th press release from the American Foundation for Equal Rights:

Prop. 8 Challenged in Federal Court;
Ted Olson & David Boies to Argue Case

Attorneys Argued Bush v. Gore on Opposite Sides;
Now Joined to Strike Down Prop. 8

Read more »»»

Posted by: Sapphocrat

Permalink |  |

Tweet This Post!

Filed Under: Al Gore, California, Civil Rights, George W. Bush, Lawrence v. Texas, Marriage, Press Releases, Proposition 8, Republicans, SCOTUS

---

May 24, 2009

Los Angeles: No On 8 Legal Eagles Press Conference Tuesday

The California Supreme Court has announced that it will rule Tuesday, May 26, 2009, on whether Proposition 8, passed by a slim majority of voters on November 4 and eliminating the right of same-sex couples to marry, was a valid amendment to the California Constitution.

At 10:30 a.m. — approximately a half-hour after the expected posting of the ruling — attorneys for plaintiff couples and community leaders will hold a news conference to discuss the ruling and what it means for California’s same-sex couples and their families, communities of color, and the future of LGBT rights in California. Clergy members will deliver an invocation at 9:45 a.m., shortly before the ruling is announced.

Tweet This Post!

May 20, 2009

Cal Assembly’s Brownley Introduces EQCA-Sponsored DOMA Repeal Resolution

SACRAMENTO — May 19, 2009 — Assemblymember Julia Brownley (D-Santa Monica) introduced a joint resolution sponsored by Equality California (EQCA) calling for the immediate repeal of the Defense of Marriage Act (DOMA), which explicitly forbids the federal government or any federal agency from recognizing state-sanctioned marriages between same-sex couples.

Tweet This Post!

May 15, 2009

Funny How the Anti-Gays Cite Massachusetts When It Suits Them, But When It Comes to Cold, Hard Cash…

…to illustrate the way Massachusetts has fallen into the Atlantic Ocean since recognizing legal same-sex marriage— oh, wait, that didn’t happen, the falling-into-the-Atlantic thing.

Let’s try this again: Funny how the Anti-Gays cite Massachusetts, and every other State of Enlightenment, to prove… um, well, whatever horrible, end-of-the-world thingys that have happened since… hmmm… well, when it suits them to hammer facts into something unrecognizable that suits their twisted anti-gay agenda — but somehow they forget all about Massachusetts when it comes to confirming (again and again and again) the simple, do-the-math reality: that marriage equality is good for a state’s economy:

Tweet This Post!

May 12, 2009

New York State Assembly OKs Marriage Equality!

It’s only the first step — but it’s a big, big step:

Tweet This Post!

May 6, 2009

And Now We Are Five: Maine’s Baldacci Signs Marriage Equality into Law!

From the office of John Baldacci, Governor of Maine:

AUGUSTA — Governor John E. Baldacci today signed into law LD 1020, An Act to End Discrimination in Civil Marriage and Affirm Religious Freedom.

“I have followed closely the debate on this issue. I have listened to both sides, as they have presented their arguments during the public hearing and on the floor of the Maine Senate and the House of Representatives. I have read many of the notes and letters sent to my office, and I have weighed my decision carefully,” Governor Baldacci said. “I did not come to this decision lightly or in haste.”

Tweet This Post!

April 29, 2009

New Hampshire State Senate Votes in Favor of Marriage for Same-Sex Couples

The Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender (LGBT) civil rights organization, praised the New Hampshire state Senate’s vote today in favor of legislation that would permit same-sex couples to marry. The Senate voted 13-11, on second reading, in favor of an amended version of House Bill 436, which would allow same-sex couples to marry under state law. The bill passed the House last month by a 186-179 vote. Since the Senate voted on an amended version, the bill will return to the House after third reading in the Senate.

Tweet This Post!

March 10, 2009

BREAKING: California Domestic Partnership Initiative Enters Circulation

No comment whatsoever from us — just a big ol’ shinola-eating grin:

SACRAMENTO — March 10, 2009 — Secretary of State Debra Bowen today announced that the proponents of a new initiative may begin collecting petition signatures for their measure.

The Attorney General prepares the legal title and summary that is required to appear on initiative petitions. When the official language is complete, the Attorney General forwards it to the proponents and to the Secretary of State. The Secretary of State then provides calendar deadlines to the proponents and to county elections officials, and the initiative may be circulated for signatures. The Attorney General’s official title and summary for the measure is as follows:

SUBSTITUTES DOMESTIC PARTNERSHIP FOR MARRIAGE IN CALIFORNIA LAW. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Replaces the term “marriage” with the term “domestic partnership” throughout California law, but preserves the rights provided in marriage. Applies equally to all couples, regardless of sexual orientation. Repeals the provision in California’s Constitution that states only marriage between a man and a woman is valid or recognized in California. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: This measure would have an unknown fiscal effect on state and local governments. (09-0003.)

The Secretary of State’s tracking number for this measure is 1356 and the Attorney General’s tracking number is 09-0003.

The proponents for this measure, Kaelan Housewright and Ali Shams, must collect signatures of 694,354 registered voters — the number equal to 8% of the total votes cast for governor in the 2006 gubernatorial election — in order to qualify it for the ballot. The proponents have 150 days to circulate petitions for this measure, meaning the signatures must be collected by August 6, 2009.

Tweet This Post!