Thursday, August 5, 2010
This from a great former student in Fairbanks:
Btw: woopie here in California! We are still married!
Well - honestly folks will always be married.
End of story there. Enough folks will keep standing
up for what is simply right. Not special, not different, just right.
I believe with every fiber of my being that the force of good is
much more powerful than the force of evil.
The cretins will never 'get it'.
But it is cause for the happy dance that it is still legal - HOORAY and CONGRATS
for sadly - another teeny tiny step in the right direction.
Dang, I cannot even imagine as to how frustrating and - gadzooks - even ANGERING
- that is. It just shouldn't be.
Just as no human being can be illegal.
Love cannot be legislated.
It is just stupid.
Ah, but I am prolly just 'preaching to the choir'.
hugs
cbs
Wednesday, August 4, 2010
Via Belirco: Our Constitution Is a Living, Breathing Document
Reading the words of Judge Walker moves me deeply. Once again, our constitution is a living, breathing document, and today it protects our gay, lesbian, bisexual and transgender people, just as it should protect all people and peoples when the government treats them unequally because of who they are.
Our community should take great pride in this ruling--all of us. For while the ruling is the direct result of a wise judge and a skilled legal team, the conditions that enabled this ruling are the result of the brave, courageous, and hard work of so, so many, in California and elsewhere. Equal protection and due process are abstract legal concepts until we, individually and collectively, bring them to life. Only nine years ago, in 2001, when I first got involved in the fight for marriage equality in Massachusetts, there were many--including a large number in our own community--who argued that asserting the right to marry would hurt our cause dramatically, even leading to the reversal of the most basic civil rights laws protecting our community.
But those fears did not prevail because same-sex couples and LGBT individuals--and those who love and care about them--knew what was right, and stood up and made strong, brave and compelling cases for their own love and dignity. It's not that they weren't afraid--many who I knew, in Massachusetts, California and elsewhere--were frightened about speaking out authentically about their lives. But they did it anyway, because they knew of its fundamental importance. And not one person that I know regretted afterwards having done so
Continue reading "Our Constitution Is a Living, Breathing Document" »
Our community should take great pride in this ruling--all of us. For while the ruling is the direct result of a wise judge and a skilled legal team, the conditions that enabled this ruling are the result of the brave, courageous, and hard work of so, so many, in California and elsewhere. Equal protection and due process are abstract legal concepts until we, individually and collectively, bring them to life. Only nine years ago, in 2001, when I first got involved in the fight for marriage equality in Massachusetts, there were many--including a large number in our own community--who argued that asserting the right to marry would hurt our cause dramatically, even leading to the reversal of the most basic civil rights laws protecting our community.
But those fears did not prevail because same-sex couples and LGBT individuals--and those who love and care about them--knew what was right, and stood up and made strong, brave and compelling cases for their own love and dignity. It's not that they weren't afraid--many who I knew, in Massachusetts, California and elsewhere--were frightened about speaking out authentically about their lives. But they did it anyway, because they knew of its fundamental importance. And not one person that I know regretted afterwards having done so
Continue reading "Our Constitution Is a Living, Breathing Document" »
Via Belirico: Good Riddance Prop 8
Well, it's official: Proposition 8 is history - hopefully, for good. Today, U.S. District Court Judge Vaughn R. Walker ruled that Proposition 8 is unconstitutional and violates the United States Constitution's 
guarantees of due process and equal protection of the laws. The ruling is a tour de force--a grand slam on every count.
The court held that Prop 8 violates the fundamental right to marry and discriminates on the basis of both sex and sexual orientation in violation of the equal protection clause. The court held that laws that discriminate based on sexual orientation must be subject to the highest level of constitutional review, but that Prop 8 would fail even the lowest test, because it is based solely on moral disapproval of gay people. The court made detailed findings of fact about all of the evidence presented and the credibility of the witnesses.
This is without a doubt a game-changing ruling. Today's decision is the most comprehensive, detailed decision addressing the constitutional rights of same-sex couples to affirmative recognition and support ever to be issued by a federal court. There are many "money quotes" in the decision but among them:
Continue reading "Good Riddance Prop 8" »
guarantees of due process and equal protection of the laws. The ruling is a tour de force--a grand slam on every count. The court held that Prop 8 violates the fundamental right to marry and discriminates on the basis of both sex and sexual orientation in violation of the equal protection clause. The court held that laws that discriminate based on sexual orientation must be subject to the highest level of constitutional review, but that Prop 8 would fail even the lowest test, because it is based solely on moral disapproval of gay people. The court made detailed findings of fact about all of the evidence presented and the credibility of the witnesses.
This is without a doubt a game-changing ruling. Today's decision is the most comprehensive, detailed decision addressing the constitutional rights of same-sex couples to affirmative recognition and support ever to be issued by a federal court. There are many "money quotes" in the decision but among them:
Continue reading "Good Riddance Prop 8" »
Via the Sacramento Gay & Lesbian Center:
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Sacramento Gay & Lesbian Center | 1927 L Street | Sacramento | CA | 95811 |
Via Advocate: The White House Reacts
White House Statement on Proposition 8
By Kerry Eleveld“The President has spoken out in opposition to Proposition 8 because it is divisive and discriminatory. He will continue to promote equality for LGBT Americans.”
Via ACLU:
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Via JMG: Hate Groups React
NOM:
“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)
Via JMG: the christinist wacko right will not go lightly...
A Freeper's Solution To Prop 8 Ruling
The level of hatred and violence being expressed on Free Republic at the this moment in unrivaled, even for them. Screen grab tipped by JMG reader Ralph.Via JMG: Schwarzenegger Reacts
"Judge Walker had the great responsibility of deciding whether Proposition 8 violates the Constitution of the United States. He heard in-depth arguments from both sides on fundamental questions of due process, equal protection and freedom from discrimination. There are strong feelings on both sides of this issue, and I am glad that all viewpoints were respected throughout the proceedings. We should also recognize that there will continue to be different points of view in the wake of this decision."For the hundreds of thousands of Californians in gay and lesbian households who are managing their day-to-day lives, this decision affirms the full legal protections and safeguards I believe everyone deserves. At the same time, it provides an opportunity for all Californians to consider our history of leading the way to the future, and our growing reputation of treating all people and their relationships with equal respect and dignity. Today's decision is by no means California's first milestone, nor our last, on America's road to equality and freedom for all people."
(Via - Rex Wockner)
Via JMG: Cyndi Lauper Reacts
"Gay and lesbian couples have long struggled for acceptance and the ability to marry the person they love and want to build a family with. Today's landmark ruling declaring Proposition 8 unconstitutional is a testament to the fundamentals on which this great country was built and validates that the discrimination gay couples face must come to an end. We as a society should be embracing these couples and helping them make the lifelong commitment to each other that many of us straight people take for granted each and every day. This decision is a major step in the right direction towards equality."On behalf of the True Colors Fund and the Give a Damn Campaign, I want to commend and thank Chad Griffin and the American Foundation for Equal Rights, the legal team headed by Ted Olson and David Boies, and the plaintiffs in the case, Kris Perry & Sandy Stier and Paul Katami & Jeff Zarrillo, for their leadership and courage in standing up for equality and fairness." - Cyndi Lauper.
Via JMG: LGBT & Progressive Orgs React
Ted Olson & David Boies (AFER):
"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.”
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