Tuesday, January 4, 2011
|Dear Daniel --|
If you didn't see, today the 9th Circuit made a ruling on the Prop 8 case. The court declined to rule on the constitutionality, instead submitting a question to the California Supreme Court with regard to the question of standing and whether state law allows ballot initiative proponents to defend initiatives in court. At issue is the question of standing in state and federal law.
Okay, now what the heck does all that mean?
We'll tell you. Today at 2:30 p.m. PST we're hosting a live chat with The National Center for Lesbian Rights (NCLR) Legal Director and Prop 8 expert Shannon Minter at www.Prop8TrialTracker.com. You can join us by going to www.Prop8TrialTracker.com at that time.
Shannon was the lead attorney on the In re Marriage Cases ruling at the California Supreme Court. That was the ruling that set this whole ball rolling; a case we won in which the Court ruled that same-sex couples cannot be constitutionally denied the freedom to marry. Shannon's also the Legal Director at the NCLR, one of the country's foremost and successful legal organizations. You may recall he and his deputy Chris Stoll joined the P8TT community a few months ago to answer your questions at the time. They had so much fun, they agreed to come back!
Got questions on what the 9th Circuit "question" is, exactly? How the California Supreme Court may rule? When the 9th Circuit will decide on the merits, if at all? What will happen if the case is dismissed for lack of standing at the California Supreme Court or 9th Circuit? We're here to help.
So if you've got Prop 8 questions, we've got answers. Join us at www.Prop8TrialTracker.com at 2:30 PM PST and fire away.
Thanks for all you do,
Founder and Chair, Courage Campaign
"I guess we're supposed to presume that Palin supports the repeal of the ban on gay men and lesbians from serving openly in the military. And I suppose by extension we should presume that she is down with gay equality. But it's easy to support something that has already happened and costs you little to speak out about -- even if it is in the form a retweet. DADT was repealed with 65 votes in the Senate on Dec. 22.
"Palin had a chance to take a stand last November when her daughter Willow apparently unleashed the f-bomb (the one that rhymes with drag) on someone criticizing the premier of Sarah Palin's Alaska on Facebook. Bristol Palin seemed to step up with an apology of sorts. But the former governor, reality television star and self-proclaimed Mama Grizzly remained mute. This raises lots of questions about what constitutes accepted banter in the Palins' Wasilla manse. Leadership is about staking out positions when it's difficult, not just when it's easy. Once again, it seems, Palin has taken the easy route." - Jonathan Capehart, writing for the Washington Post.
January 4, 2011
|Dear Daniel, |
The Ninth Circuit Court has just released its opinion on the Proposition 8 case. The Court has asked the California Supreme Court to consider whether Protect Marriage -- the campaign that put Prop. 8 on the ballot -- has standing to appeal. The Court also ruled that Imperial County, which had tried to intervene in the case, does not have standing to appeal.
Equality California’s amicus briefs helped shape the Court’s opinion. We were the only party to file an amicus brief on Imperial County’s attempt to intervene, contending exactly what the Court found -- that the County does not have standing. The Ninth Circuit Court is also sending the California Supreme Court our second amicus brief that contends that Protect Marriage also does not have standing to appeal. Our amicus brief is the only amicus brief from our side they are sending the California Supreme Court, out of the 25 total amicus briefs filed in the case. Thanks to our counsel, David C. Codell, for writing these influential amicus briefs.
We owe our thanks to the American Foundation for Equal Rights and the brilliant legal team, including Ted Olson, David Boies and San Francisco Deputy City Attorney Terese Stewart, for once again making the case. We are incredibly lucky to have them on our side.
Now we wait, again. The California Supreme Court will schedule its hearing shortly. As always, Equality California will continue to track the case’s progress and put our legal experts and our team to work to shape the outcome.