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A personal blog by a graying (mostly Anglo with light African-American roots) gay left leaning liberal progressive married college-educated Buddhist Baha'i BBC/NPR-listening Professor Emeritus now following the Dharma in Minas Gerais, Brasil.
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“Big surprise! We expected nothing different from Judge Vaughn Walker, after the biased way he conducted this trial,” said Brian Brown, President of NOM. "With a stroke of his pen, Judge Walker has overruled the votes and values of 7 million Californians who voted for marriage as one man and one woman. This ruling, if allowed to stand, threatens not only Prop 8 in California but the laws in 45 other states that define marriage as one man and one woman.” "Never in the history of America has a federal judge ruled that there is a federal constitutional right to same sex marriage. The reason for this is simple – there isn’t!” added Brown. “The ‘trial’ in San Francisco in the Perry v. Schwarzenegger case is a unique, and disturbing, episode in American jurisprudence. Here we have an openly gay (according to the San Francisco Chronicle) federal judge substituting his views for those of the American people and of our Founding Fathers who I promise you would be shocked by courts that imagine they have the right to put gay marriage in our Constitution. We call on the Supreme Court and Congress to protect the people’s right to vote for marriage,” stated Maggie Gallagher, Chairman of the Board of NOM.Family Research Council:
"This lawsuit, should it be upheld on appeal and in the Supreme Court, would become the 'Roe v. Wade' of same-sex 'marriage,' overturning the marriage laws of 45 states. As with abortion, the Supreme Court's involvement would only make the issue more volatile. It's time for the far Left to stop insisting that judges redefine our most fundamental social institution and using liberal courts to obtain a political goal they cannot obtain at the ballot box. "Marriage is recognized as a public institution, rather than a purely private one, because of its role in bringing together men and women for the reproduction of the human race and keeping them together to raise the children produced by their union. The fact that homosexuals prefer not to enter into marriages as historically defined does not give them a right to change the definition of what a 'marriage' is.Focus On The Family:
“Judge Walker’s ruling raises a shocking notion that a single federal judge can nullify the votes of more than 7 million California voters, binding Supreme Court precedent, and several millennia-worth of evidence that children need both a mom and a dad. “During these legal proceedings, the millions of California residents who supported Prop 8 have been wrongfully accused of being bigots and haters. Nothing could be further from the truth. Rather, they are concerned citizens, moms and dads who simply wanted to restore to California the long-standing understanding that marriage is between one woman and one man – a common-sense position that was taken away by the actions of another out-of-control state court in May 2008. “Fortunately for them, who make up the majority of Californians, this disturbing decision is not the last word."Concerned Women For America:
“Judge Walker’s decision goes far beyond homosexual ‘marriage’ to strike at the heart of our representative democracy. Judge Walker has declared, in effect, that his opinion is supreme and ‘We the People’ are no longer free to govern ourselves. The ruling should be appealed and overturned immediately. “Marriage is not a political toy. It is too important to treat as a means for already powerful people to gain preferred status or acceptance. Marriage between one man and one woman undergirds a stable society and cannot be replaced by any other living arrangement. “Citizens of California voted to uphold marriage because they understood the sacred nature of marriage and that homosexual activists use same-sex ‘marriage’ as a political juggernaut to indoctrinate young children in schools to reject their parent’s values and to harass, sue and punish people who disagree. “CWA stands in prayer for our nation as we continue to defend marriage as the holy union God created between one man and one woman.”Liberty Counsel (Hilariously Blames Another Hate Group!!!):
Although Liberty Counsel has defended the marriage laws in California since the battle began in 2004, the Alliance Defense Fund, representing the Prop 8 LCinitiative, opposed Liberty Counsel’s attempt to intervene on behalf of Campaign for California Families. The California Attorney General did not oppose Liberty Counsel’s intervention, but ADF did. Liberty Counsel sought to provide additional defense to Prop 8 because of concern that the case was not being adequately defended. After ADF actively opposed Liberty Counsel, ADF presented only two witnesses at trial, following the 15 witnesses presented by those who challenged the amendment. Even Judge Walker commented that he was concerned by the lack of evidence presented by ADF on behalf of Prop 8. Liberty Counsel will file an amicus brief at the court of appeals in defense of Prop 8.(All quotes via Jeremy Hooper at Good As You)
"We came to court to seek for Kris, Sandy, Paul and Jeff the same right to marry that all other Americans enjoy, and to ensure that they receive equal protection under the law as guaranteed to every American by the Constitution. Through its decision today, the court has acted in the best traditions of a legal system established to uphold the Constitution and the principles of equality upon which this nation was founded," said attorney Theodore B. Olson. "On no less than 14 occasions, the Supreme Court has held that marriage is a fundamental right. This decision recognizes that Proposition 8 denied the plaintiffs, and tens-of-thousands of other Californians, that fundamental constitutional right and treated them unequally." “The Supreme Court has long held that marriage is a fundamental right. Equal protection under the law is guaranteed by the U.S. Constitution, and this ruling affirms that universal right of every American,” plaintiff's attorney David Boies said. “Depriving the fundamental right to marry causes grievous harm to millions of Americans and their children.”ACLU:
“Today’s decision is a huge victory for the LGBT people of America. For the first time, a federal court has conducted a trial and found that there is absolutely no reason to deny same-sex couples the fairness and dignity of marriage,” said James Esseks, Director of the ACLU Lesbian, Gay, Bisexual and Transgender Project. “At the same time, we know that this is not the end. In order to give this case the best possible chance of success as it moves through the appeals courts, we need to show that America is ready for same-sex couples to marry by continuing to seek marriage and other relationship protections in states across the country. It’s simply not fair, and not legal, to continue to exclude committed same-sex couples from marriage.”Equality California:
Victory! After compelling testimony from California couples who are denied the freedom to marry, Federal District Judge Vaughn Walker ruled today that Proposition 8 is unconstitutional. The case will now move to the Court of Appeals. We owe Governor Arnold Schwarzenegger and Attorney General Jerry Brown a great deal of gratitude for their unprecedented decision not to defend this discriminatory measure, leaving only Andrew Pugno’s anti-LGBT extremist group to defend the case. Celebrate this incredible victory by defending it.GLAD:
"GLAD's case and Perry seek to cure two important but different injustices," according to Mary L. Bonauto, GLAD attorney and co-lead counsel in Gill v. Office of Personnel Management. "Gill is not a right-to-marry case, since we represent couples who are already married. Rather, it is a case about federal recognition, challenging DOMA's denial of these marriages for purposes of all federal laws. DOMA is synonymous with disapproval of gay people and our families, and we seek to end Congress's different treatment of married people based simply on sexual orientation." Bonauto added, "No matter the outcome of these federal court cases, it is still imperative to continue working on a local level to secure respect for and undo all state-based discrimination against gay and lesbian families."NGLTF:
This ruling marks a victory for loving, committed couples who want nothing more than the same rights and security as other families. From the start, this has been about basic fairness. Today we celebrate the affirmation of this fundamental principle; tomorrow, we are back out there sharing our personal stories and having conversations with Californians and people all across the country about why this matters and who we are. The tide is turning nationwide in favor of marriage equality, but our work is far from over. Today’s ruling is just a beginning step in what will likely be a long process, yet we are confident that fairness will prevail. Our conversations are breaking down barriers and helping to transform our country.Human Rights Campaign:
“After hearing extensive evidence in support of marriage equality, and essentially no defense of the discrimination wrought by Prop 8, Judge Walker reached the same conclusion we have always known to be true – the Constitution’s protections are for all Americans, including the lesbian, gay, bisexual and transgender community,” said HRC President Joe Solmonese. “We thank the courageous plaintiff couples, the American Foundation for Equal Rights, and attorneys Ted Olson and David Boies for their tremendous efforts leading to today’s decision and their ongoing commitment as the case moves forward on appeal. The battle for marriage equality continues, and we must all continue our work – in courthouses and statehouses, in church pews and living rooms – until equality is reality for LGBT people and our families everywhere.”
Judy Shepard: Prop 8 Verdict ‘Moves America Closer to Its Ideals’ Says Victory for Plaintiffs ‘Proves the Power of Personal Stories’ Shepard, the mother of 1998 Wyoming anti-gay hate crime victim Matthew Shepard, serves on the advisory board of the American Foundation for Equal Rights, which filed the legal challenge to the ban in May on behalf of citizens denied marriages by the 2008 law narrowly approved by voters. “These plaintiffs are law-abiding, family-oriented, tax-paying citizens whose privacy was invaded, and whose dignity was affronted, by a misguided and unconstitutional law,” Shepard continued. “Their victory at trial shows that our courts still play a vital role in safeguarding the rights of minorities from majorities who misunderstand them. But more importantly, it proves the power of personal stories. Equal marriage rights are ultimately about people’s families, and during the trial, their personal need for legal recognition of their relationships came through loud and clear,” she added. “After Matt came out to me, he once asked me if I thought gay couples would ever be allowed to get married,” Shepard recalled. “I told him I didn’t think it would happen in my lifetime, but it probably would in his. It’s so sad, and ironic, that it turned out the other way. But this case warms my heart, to think that his dream is still coming true.” Judy Shepard and her husband Dennis established the Matthew Shepard Foundation in 1998 after their son’s murder in Laramie, Wyoming, to honor him in a manner appropriate to his dreams, beliefs and aspirations. The Foundation seeks to “Replace Hate with Understanding, Compassion and Acceptance” through its educational, outreach and advocacy programs and by continuing to tell Matthew’s story. The Matthew Shepard Foundation was founded by Dennis and Judy Shepard in memory of their 21-year old son, Matthew, who was murdered in an anti-gay hate crime in Wyoming in October 1998. Created to honor Matthew in a manner that was appropriate to his dreams, beliefs and aspirations, the Foundation seeks to "Replace Hate with Understanding, Compassion & Acceptance" through its varied educational, outreach and advocacy programs and by continuing to tell Matthew's story. |
Dear Daniel,
Today we moved a step closer to full equality. After the first-ever federal trial on whether it's legal to ban same-sex couples from marrying, the district court ruled that Proposition 8 violated the U.S. Constitution. This court's ruling will undoubtedly be appealed, so our struggle is far from over. But it was a tremendous step forward for equality and a critical win. The two courageous couples who acted as plaintiffs in this suit opened up their lives to months of public scrutiny and helped bring about this victory, fighting alongside the legal team of Ted Olson, David Boies and the American Foundation for Equal Rights. They deserve our gratitude. Will you take a moment to thank them? Here is another way to get involved. Today, people in cities across the country will be gathering for peaceful "Day of Decision" rallies to take advantage of this moment and show the broad support for marriage equality among both LGBT and straight Americans. Find out if there's a rally near you. This case was a landmark. Over the course of the months-long trial, the plaintiffs introduced substantial testimony and evidence to finally show that Prop. 8 had discriminatory motivations – and that same-sex couples are entitled to equal rights. Because this is a district court decision and will most likely be appealed, it may not have an immediate effect on marriage bans in California or any other states. Nonetheless, it's a significant moment. It's a vindication of the grassroots work we've done across the country to give every loving couple the same rights – and a shot of momentum to continue that work. The trial also showed that the other side remains as ferocious as ever. Not content with simply defending Prop. 8, they tried to persuade the judge to stop California state agencies from recognizing the marriages of the 18,000 same-sex couples who tied the knot in the months before Prop. 8 passed. So without question, the forces of bigotry will appeal this ruling. After the Court of Appeals, this case could very well end up before the highest court in the land – just another reason we must fight to get fair-minded judges like Elena Kagan on the Supreme Court. We know we will prevail in the end. Because we are on the right side of history and the law. Because public opinion is increasingly in our favor. Because even conservatives like Ted Olson – who argued for the George W. Bush side in Bush v. Gore – share a passion for this cause. But it will take more sacrifice and more grueling hard work. It will take more people like you standing up for what you believe – and more heroes like the plaintiffs in this case refusing to accept second-class status. Thanks for your continued support on this defining issue. Sincerely, Joe Solmonese President This link is specific to you, so please take action on this campaign before you forward to your friends. Having trouble clicking on the links above? Simply copy and paste this URL into your browser's address bar to fill out and share the survey: https://secure3.convio.net/hrc/site/Advocacy?cmd=display&page=UserAction&id=900 | |
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August 4, 2010 | ||||
Dear Daniel, Victory! After compelling testimony from California couples who are denied the freedom to marry, Federal District Judge Vaughn Walker ruled today thatProposition 8 is unconstitutional. The case will now move to the Court of Appeals. We owe Governor Arnold Schwarzenegger and Attorney General Jerry Brown a great deal of gratitude for their unprecedented decision not to defend this discriminatory measure, leaving only Andrew Pugno’s anti-LGBT extremist group to defend the case. Celebrate this incredible victory by defending it. Will you give just $1 a day to help California’s largest LGBT Political Action Committee elect a governor and attorney general who will refuse to appeal this ruling? The state refused to defend its own law, keeping its skilled lawyers and legal resources out of this case. No doubt, this was a factor in today’s victory. Ensuring that the state continues to refuse to stand for bigotry will become even more vital as the case moves up to the Ninth Circuit and the U.S. Supreme Court. The National Organization for Marriage (NOM) has already spent hundreds of thousands of dollars to help candidates who support changing the state’s position in the case and who oppose marriage equality. We’ve come too far to let them succeed. Stand up to NOM and help Equality California defeat anti-equality candidates including Meg Whitman and Yes on 8’s lead attorney Andrew Pugno! The legal team brought together by the American Foundation for Equal Rights and the City and County of San Francisco did an excellent job of making the case for equality. Now it is up to us to ensure that the State of California doesn’t oppose them on appeal. We can be the margin of victory this November. Please make as generous of a donation as you can. Just $1 a day will make a very real difference. In solidarity, Geoff Kors Executive Director Equality California |
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Dear Daniel,
Today’s biggest story will be the court’s decision to rule in favor of equality over discrimination and truth over fear. The media is eager to hear the reactions of our legal team and plaintiffs to this historic decision. We would like to invite you to be part of this important press conference as our team talks about our plan to continue fighting after the opposition's inevitable appeal - a process that will ultimately go to the Supreme Court. We are broadcasting it LIVE on our website. The press conference is beginning right now. Watch and discuss LIVE with supporters across the country. Events like these are a unique opportunity to get the news unfiltered. You can hear for yourself what the ruling means for people today and tomorrow, what the top legal minds anticipate in the case during the weeks and months ahead, and its impact on our four plaintiffs - Sandy, Kris, Paul and Jeff. See you online.
PS: While there is much to celebrate, remember that the opposition is appealing the decision. We will need your continued support to defend marriage equality. Please donate. |