Wednesday, September 12, 2012

Via JMG: Lambda Legal Recaps Prop 8

Lambda Legal president Jon Davidson has issued an explanation of what might happen when the Supreme Court decides whether or not to rule on Proposition 8.
The Perry case is set for consideration at the justices’ conference on September 24, and the Court could announce as early as September 25 whether it is hearing the case. However, it is possible that the Court may wait to decide whether or not to hear Perry until it decides whether or not to hear any of the challenges to Section 3 of DOMA. So, we may not hear about Perry until October 9. It could even be later than that, if the Supreme Court decides it wants more time to decide what to do. If the Court announces that it will not hear the Perry case, it will be very exciting news for same-sex couples in California!
But the timing for what happens next is a little bit complicated: The Ninth Circuit's merits opinion in Perry of February 7, 2012, stated that "the stay pending appeal issued by this Court on August 16, 2010, remains in effect pending issuance of the mandate." (A "mandate" is the appellate court's order sending the case back to the District Court.) The Ninth Circuit's June 5, 2012, order denying rehearing en banc then said, that "the mandate is stayed for ninety days pending the filing of a petition for certiorari with the Supreme Court. If such a petition is filed, the stay shall continue until final disposition by the Supreme Court." In other words, it is the mandate that is stayed until final disposition of the Supreme Court. Once the Supreme Court either denies certiorari (that is, declines to hear the case) or accepts the case and ultimately decides it, then the mandate can issue. It is once the mandate issues that the stay of the injunction is lifted.
Read Davidson's full analysis.

Reposted from Joe

Via JMG: Barney Frank Vs Homocons, Part 2

Metro Weekly's Justin Snow has the latest round of quotes.

Rep. Barney Frank:
"I am not surprised that members of the Log Cabin Republicans are offended by my comparing them to Uncle Tom. They are no more offended than I am by their campaigning in the name of LGBT rights to elect the candidate and party who diametrically oppose our rights against a President who has forcefully and effectively supported our rights. That is the first reason for my admittedly very harsh criticism. This election is clearly one in which there is an extremely stark contrast between the two parties on LGBT rights. The Democratic President and platform fully embrace all of the legal issues we are seeking to resolve in favor of equality. The Republican candidate for President and the platform on which he runs vehemently oppose us in all cases. On the face of this, for a group of largely LGBT people to work for our strong opponent against our greatest ally is a betrayal of any supposed commitment to our legal equality."
Log Cabin head R. Clarke Cooper:
"Congressman Frank, of all people, should understand the importance of perseverance when working within a party to achieve change - after all, it was not so long ago his party was indifferent at best when it came to respecting gay families. Leaders committed to LGBT equality know that every victory our community has achieved has required bipartisan advocacy and bipartisan votes, and winning support from Republicans will only be more important in the days ahead. Come January, Republicans will maintain a majority in the House and likely secure a majority in the Senate. Without Log Cabin Republicans working with fellow conservatives, LGBT Americans would be left without a credible voice within the GOP. Barney Frank's denial of Log Cabin Republicans success, particularly on 'Don't Ask, Don't Tell' repeal and the freedom to marry in New York, is sad but unsurprising. It is time for him to pass on the baton to leaders better suited to a world where equality is not a partisan issue."
GOProud head Jimmy LaSalvia:
"I don't give two shits what that asshole thinks about GOProud. We don't represent him. We represent gay conservatives and our allies. I'll just be glad to see him out of office because his policies have hurt our country," LaSalvia told Metro Weekly, describing Frank as an "embarrassment to the gay community."
Hit the Metro Weekly link for the much longer statement by Rep. Barney Frank.

reposted from Joe

Via Buddhism on Beliefnet:

Daily Buddhist Wisdom

The everyday life of people is like clouds and water, but clouds and water are free while people are not. If they would get to be as free as clouds and water, where would people's compulsive mundane routines arise?
- Dogen, "Rational Zen"

Via Tricycle Daily Dharma:

Tricycle Daily Dharma September 12, 2012

Practicing With Loss

We are all going to suffer our losses. How we deal with these losses is what makes all the difference. For it is not what happens to us that determines our character, our experience, our karma, and our destiny, but how we relate to what happens.
- Lama Surya Das, "Practicing With Loss"
Read the entire article in the Tricycle Wisdom Collection through September 14th, 2012
For full access at any time, become a Tricycle Community Supporting or Sustaining Member

Read Article