Wednesday, August 18, 2010
Tuesday, August 17, 2010
Via TBP: Which Supreme Court Justices Will Uphold Judge Walker's Ruling?
As I explained in my previous post, Judge Walker held that Prop 8 failed the easiest of constitutional tests, even though it perhaps deserved a much more difficult test.
In other words, he could have used a sledgehammer to test the Prop 8 brick, but he threw some jello at it and it collapsed. Which it deserved to do, because Prop 8 has no rational basis except for "we hate teh gayz," and that is not a "legitimate government interest."
Justices Scalia and Thomas, however, would definitely love to strike down Judge Walker's ruling with lighting and thunder. Not because they hate gays, but because they don't believe in using the Constitution's Due Process clause to invalidate laws unless it involves gun restrictions. They wouldn't use the jello test like Judge Walker does.
But there are nine justices on the Supreme Court. Five are needed for a majority. Do we have five?
Now, scientific studies show that there are 101 ways to eat jello. (That hilarious video after the jump.)
Our job is to figure out how each of the Supremes like their jello, and what that will mean for Judge Walker's opinion.
Continue reading "Which Supreme Court Justices Will Uphold Judge Walker's Ruling?" »
In other words, he could have used a sledgehammer to test the Prop 8 brick, but he threw some jello at it and it collapsed. Which it deserved to do, because Prop 8 has no rational basis except for "we hate teh gayz," and that is not a "legitimate government interest."
Justices Scalia and Thomas, however, would definitely love to strike down Judge Walker's ruling with lighting and thunder. Not because they hate gays, but because they don't believe in using the Constitution's Due Process clause to invalidate laws unless it involves gun restrictions. They wouldn't use the jello test like Judge Walker does.
But there are nine justices on the Supreme Court. Five are needed for a majority. Do we have five?
Now, scientific studies show that there are 101 ways to eat jello. (That hilarious video after the jump.)
Our job is to figure out how each of the Supremes like their jello, and what that will mean for Judge Walker's opinion.
Continue reading "Which Supreme Court Justices Will Uphold Judge Walker's Ruling?" »
Via TBP: Terror Babies, Mosques in Manhattan, and Gay Marriage
In case you missed it, Republican leadership has completely gone off the deep end. I mean, completely.
From Texas's Congressmen Lou Gohmert (whose insanity brought us "terror babies." I swear they are real. There was one at brunch on Sunday who wouldn't stop screaming. No, I don't have evidence. Stop badgering me!) to Newt Gingrich's attack on the First Amendment. Gingrich has led some low IQ Americans into a frothy idiotic mess over a mosque in Manhattan that happens to be near the 9/11 wound on New York. Manhattan is a small Island. Everything on Manhattan is near the 9/11 memorial. (Even this NSFW link.)
President Obama, wisely and accurately, made a statement on Friday defending the First Amendment and the right for every American to practice the religion of his or her choosing.
What did Newt Gingrich do? He poured gasoline and lit a match.
Continue reading "Terror Babies, Mosques in Manhattan, and Gay Marriage" »
From Texas's Congressmen Lou Gohmert (whose insanity brought us "terror babies." I swear they are real. There was one at brunch on Sunday who wouldn't stop screaming. No, I don't have evidence. Stop badgering me!) to Newt Gingrich's attack on the First Amendment. Gingrich has led some low IQ Americans into a frothy idiotic mess over a mosque in Manhattan that happens to be near the 9/11 wound on New York. Manhattan is a small Island. Everything on Manhattan is near the 9/11 memorial. (Even this NSFW link.)President Obama, wisely and accurately, made a statement on Friday defending the First Amendment and the right for every American to practice the religion of his or her choosing.
What did Newt Gingrich do? He poured gasoline and lit a match.
Continue reading "Terror Babies, Mosques in Manhattan, and Gay Marriage" »
Via Belirico:
"As the leading proponent of stopping bullying in America, I was not allowed to be bullied out of my job. I've been preaching for 25 years that bullying is not OK. There was no way I could then say, 'OK, you can bully me.'[...]
At the peak of the attacks on me last fall, when I had Federal Protective Service in my office because there had been so many death threats, I thought, 'This is the right thing to do?' All I could think is, no matter how this ends, it's better than sitting at home wondering, 'Gosh, I wonder what it would have been like to be part of the Obama administration?'
Get into the arena. You won't win every time. You may find yourself like me with 1.1 million Google hits, most of which are negative, thanks to the Fox News Network."
--Kevin Jennings
Via JMG: Rachel Maddow To Get Cronkite Award
Rachel Maddow will receive an award named after CBS newsman Walter Cronkite for her coverage of religion and politics. The award, which will be presented at a gala dinner in New York in October, "recognizes individuals who courageously promote democratic values, defend religious freedom and reinvigorate informed civic participation," according to the announcement. Cronkite served as Honorary Chairman of the Interfaith Alliance until his death last year. "Walter Cronkite once told me that no less than the future of our nation was at stake in the work of Interfaith Alliance, and I can think of no two people who contribute more to advancing our mission than Rachel Maddow and Joan Brown Campbell," said Interfaith Alliance President Rev. Dr. C. Welton Gaddy. "Rachel's passionate coverage of the intersection of religion and politics exhibits a strong personal intellect coupled with constitutional sensitivity to the proper boundaries between religion and government."Very deserved!
Via JMG: GOProud's HomoCon 2010 Agenda
reposted from Joe
Via Courage Campaign:
"I cried when I heard the news... This straight ally will not give up the fight... I will do everything I can to see (that) your love gets the recognition it deserves... Until all of us are free, none of us are." -- John, who posted this comment on Courage's Prop 8 Trial Tracker web site, one of 463 comments shared by the P8TT community last night.Dear Daniel --
 |
It breaks our hearts as well, John.
Late yesterday, the U.S. 9th Circuit Court of Appeals announced an indefinite stay of Judge Walker's ruling striking down Proposition 8. No matter the legal justification for the stay, this news is deeply painful for millions of Americans.
The (very) good news is that the 9th Circuit expedited the case for a hearing on December 6 -- an unusual fast-tracking of the appeals process and a positive sign of what may come.
Still, this is a difficult reminder that the work to restore marriage equality to California -- and to make marriage equality the law across America -- will be a roller-coaster full of ups and downs.
That's why we're relaunching "It Breaks Your Heart" -- a 60-second version of an online video we released last year that was viewed by more than 1.3 million people. Featuring the hit song "Fidelity" by Regina Spektor, the video's message is crystal clear: fundamental civil rights should never be put up for a vote.
Please watch "It Breaks Your Heart" now. Then join more than 700,000 other Courage Campaign members in taking our "1 Million for Marriage Equality" pledge today. It only takes one minute to watch the video and 10 seconds to sign the short pledge. Click here now to join us:
http://www.couragecampaign.org/1Million
When you sign the pledge, you'll be joining a movement to change the conversation about equality across our country and bring the Prop 8 trial into the lives of Americans. It started with our Testimony: Equality on Trial campaign and it won't stop until a court ruling strikes down Prop 8. Forever.
In the coming weeks and months, we'll be launching several actions to give Americans -- straight, gay, lesbian, bisexual or transgender -- the opportunity to provide your own Testimony about the Prop 8 trial.
Whether in writing, video, or through family photos, your personal testimony will help us defend Judge Walker's ruling in the court of public opinion -- establishing his decision as the social and cultural foundation for victory in the U.S. 9th Circuit Court of Appeals.
Just like John said above, we must stay in this fight until we win. That's why we're asking you to spend one minute watching "It Breaks Your Heart" -- and then 10 more seconds to sign our "1 Million for Marriage Equality" pledge. Click here to take action now:
http://www.couragecampaign.org/1Million
Thank you for staying in this fight until Prop 8 is gone. For good. We can't do it without you.
Rick Jacobs
Chair, Courage Campaign Institute
Courage Campaign Institute is a part of the Courage Campaign's multi-issue online organizing network that empowers more than 700,000 grassroots and netroots supporters to push for progressive change and full equality in California and across the country. To get involved in the Courage Campaign Institute, visit "Testimony: Equality on Trial" -- our year-long campaign to bring the Prop 8 trial into the lives of Americans.
To power our campaign to defend Judge Walker's Prop 8 decision, please chip in what you can today:
Monday, August 16, 2010
Via Beyond the Chron: Out Christianing Each Other
James Lankford & Kevin Calvey
Out Christianing Each Other It’s not hard to court conservative Christian voters. All a politician has to do these days is spew lots of hatred towards the LGBT community and oppose abortion, national healthcare and of course gay marriage. Such is the case in Oklahoma with Republicans James Lankford and Kevin Calvey, who are in a heated runoff for their party’s nomination to fill the seat vacated by retiring Congress woman Mary Fallin, a right-winger who opposes abortion and believes in border fences and walls and the right of every man, woman and child (and possibly pet dog) to carry a gun. [more]->
Via EQCA:
August 16, 2010 | ||||
 | ||||
| Dear Daniel, Right-wing, anti-equality groups are targeting Republican Governor Arnold Schwarzenegger and Democratic Attorney General Brown, urging them to appeal Judge Walker’s historic decision. We need to make sure they don’t succeed. Email Gov. Schwarzenegger and Attorney General Brown and urge them to stand strong against right-wing attacks. At a time when the state is strapped for cash, our leaders should be concentrating resources on keeping teachers, firefighters and police on the job, not defending discrimination in court. So far the Governor and Attorney General’s offices have stood with the majority of Californians who now support marriage for same-sex couples. Urge Governor and Attorney General to keep doing the right thing: not defending bigotry in court. And urge your friends and family to do the same. www.eqca.org/standstrong On Wednesday evening, the U. S. Constitution’s promise of equality for all will hopefully be restored and couples will start getting married again. We need to protect their marriages by making sure the state stays out of the business of discrimination. Thank the Governor and Attorney General for standing on the side of equality, and urge them to continue to stand strong. Warmly,  Geoff Kors Executive Director Equality California  |  
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Via JMG: Here's Protect Marriage's Final Motion
Protect Marriage's final motion claims that the state's job of promoting "responsible procreation" would be irrevocably harmed by gay marriage. Because in California, there has been ABSOLUTELY no irresponsible procreation so far. Hilarious. Considering that the Ninth Circuit Judicial Conference is kicking off today in Hawaii, don't be surprised if we get a ruling before the end of the office day in California. It's important to note that some anti-gay evangelicals don't want this appealed to the Supreme Court. They'd rather "sacrifice" California to the evil homos than risk losing at SCOTUS and seeing same-sex marriage become the law of the nation.
CA9Doc 11
Via JMG: BREAKING: Ninth Circuit Court Grants Stay Of Prop 8 Overturn Pending Appeal
No same-sex marriage for California, for now. Via Rex Wockner, here's the legalese:
Filed order (EDWARD LEAVY, MICHAEL DALY HAWKINS and SIDNEY R. THOMAS) Appellants' motion for a stay of the district court's order of August 4, 2010 pending appeal is GRANTED. The court sua sponte orders that this appeal be expedited pursuant to Federal Rule of Appellate Procedure 2. The provisions of Ninth Circuit Rule 31-2.2(a) (pertaining to grants of time extensions) shall not apply to this appeal. This appeal shall be calendared during the week of December 6, 2010, at The James R. Browning Courthouse in San Francisco, California. The previously established briefing schedule is vacated. The opening brief is now due September 17, 2010. The answering brief is due October 18, 2010. The reply brief is due November 1, 2010. In addition to any issues appellants wish to raise on appeal, appellants are directed to include in their opening brief a discussion of why this appeal should not be dismissed for lack of Article III standing. See Arizonans For Official English v. Arizona, 520 U.S. 43, 66 (1997). IT IS SO ORDERED. [7441574] (JS)This may get to the Supreme Court yet.
Labels: California, marriage equality, Ninth Circuit Court., Proposition 8, Supreme Court, Vaughn Walker
Via JMG: Prop 8 Plaintiffs Respond To Stay
From Ted Olson and the American Foundation for Equal Rights:
Today the United States Court of Appeals for the Ninth Circuit set a highly expedited schedule for briefing and argument of proponents' appeal from the district court's August 4, 2010 decision striking down California's Proposition 8 as an unconstitutional violation of the rights of gay and lesbian citizens to due process and equal protection of the law under the Fourteenth Amendment, and it granted proponents' request to stay the judgment of the district court's order while the appeal is decided. This means that although Californians who were denied equality by Proposition 8 cannot marry immediately, the Ninth Circuit, like the district court, will move swiftly to address and decide the merits of Plaintiffs' claims on their merits.
"We are very gratified that the Ninth Circuit has recognized the importance and pressing nature of this case and the need to resolve it as quickly as possible by issuing this extremely expedited briefing schedule. As Chief Judge Walker found, Proposition 8 harms gay and lesbian citizens each day it remains on the books. We look forward to moving to the next stage of this case,” said Attorney Theodore B. Olson.
“Today’s order from the Ninth Circuit for an expedited hearing schedule ensures that we will triumph over Prop. 8 as quickly as possible. This case is about fundamental constitutional rights and we at the American Foundation for Equal Rights, our Plaintiffs and our attorneys are ready to take this case all the way through the appeals court and to the United States Supreme Court,” said Chad Griffin, Board President, American Foundation for Equal Rights.
Via Marriage Equality USA:
Marriage Equality USA has just received word that Ninth Circuit has granted the stay but expedites appeal.
Filed order (EDWARD LEAVY, MICHAEL DALY HAWKINS and SIDNEY R. THOMAS) Appellants’ motion for a stay of the district court’s order of August 4, 2010 pending appeal is GRANTED. The court sua sponte orders that this appeal be expedited pursuant to Federal Rule of Appellate Procedure 2. The provisions of Ninth Circuit Rule 31-2.2(a) (pertaining to grants of time extensions) shall not apply to this appeal. This appeal shall be calendared during the week of December 6, 2010, at The James R. Browning Courthouse in San Francisco, California. The previously established briefing schedule is vacated. The opening brief is now due September 17, 2010. The answering brief is due October 18, 2010. The reply brief is due November 1, 2010. In addition to any issues appellants wish to raise on appeal, appellants are directed to include in their opening brief a discussion of why this appeal should not be dismissed for lack of Article III standing. See Arizonans For Official English v. Arizona, 520 U.S. 43, 66 (1997). IT IS SO ORDERED. [7441574] (JS)
We were hoping that Wednesday would mark the day that marriage equality would return to California. But there is some good news with this decision.
The Ninth Circuit has asked for opening briefs by September 17th and that parties must discuss why the appeal should not be dismissed due to lack of standing. Also, the schedule for the briefs are similar to what Plaintiff attorneys Ted Olson and David Boies requested. And oral arguments should begin by the end of this year.
So it's not what we wanted, but Harvey Milk would want us to keep hope alive. We have an amazing legal team (including our friends with the City & County of San Francisco). We have a fact-based district trial court decision that overwhelmingly explains why Proposition 8 is unconstitutional. And we know that eventually we will win.
Stay engaged with Marriage Equality USA. Join our facebook page, get involved with your local chapter, donate, and volunteer. And go out an make every moment a marriage equality moment.
Founded in 1998, Marriage Equality USA is a national grassroots organization whose mission is to secure legally recognized civil marriage equality for all, at the federal and state level, without regard to gender identity or sexual orientation. For more information go to www.marriageequality.org
Filed order (EDWARD LEAVY, MICHAEL DALY HAWKINS and SIDNEY R. THOMAS) Appellants’ motion for a stay of the district court’s order of August 4, 2010 pending appeal is GRANTED. The court sua sponte orders that this appeal be expedited pursuant to Federal Rule of Appellate Procedure 2. The provisions of Ninth Circuit Rule 31-2.2(a) (pertaining to grants of time extensions) shall not apply to this appeal. This appeal shall be calendared during the week of December 6, 2010, at The James R. Browning Courthouse in San Francisco, California. The previously established briefing schedule is vacated. The opening brief is now due September 17, 2010. The answering brief is due October 18, 2010. The reply brief is due November 1, 2010. In addition to any issues appellants wish to raise on appeal, appellants are directed to include in their opening brief a discussion of why this appeal should not be dismissed for lack of Article III standing. See Arizonans For Official English v. Arizona, 520 U.S. 43, 66 (1997). IT IS SO ORDERED. [7441574] (JS)
We were hoping that Wednesday would mark the day that marriage equality would return to California. But there is some good news with this decision.
The Ninth Circuit has asked for opening briefs by September 17th and that parties must discuss why the appeal should not be dismissed due to lack of standing. Also, the schedule for the briefs are similar to what Plaintiff attorneys Ted Olson and David Boies requested. And oral arguments should begin by the end of this year.
So it's not what we wanted, but Harvey Milk would want us to keep hope alive. We have an amazing legal team (including our friends with the City & County of San Francisco). We have a fact-based district trial court decision that overwhelmingly explains why Proposition 8 is unconstitutional. And we know that eventually we will win.
Stay engaged with Marriage Equality USA. Join our facebook page, get involved with your local chapter, donate, and volunteer. And go out an make every moment a marriage equality moment.
Founded in 1998, Marriage Equality USA is a national grassroots organization whose mission is to secure legally recognized civil marriage equality for all, at the federal and state level, without regard to gender identity or sexual orientation. For more information go to www.marriageequality.org
Sunday, August 15, 2010
Via JMG: This Week In Holy Crimes
Over the last seven days...
Israel: Rabbi Yitzhak Shapira arrested for incitement to kill non-Jews.
Arkansas: Pastor Joshua Wilson arrested in prostitution sting.
New York: Convicted child molester Rabbi Baruch Leibovits demands and gets special kosher meals in prison.
New York: Father Thomas Kresier resigns in embezzlement scandal.
Virginia: Pastor James Bolton arrested for statutory rape.
Ontario: Father Kenneth O'Keefe arrested for child molestation.
British Columbia: Father Philip Jacobs arrested on numerous counts of child molestation.
Ireland: Father Patrick McCabe arrested on numerous counts of child molestation. McCabe was transferred to the U.S. twenty years ago when the accusations first began.
Ontario: Father William Marshall charged with numerous counts of child molestation. Marshall was principal at a Catholic high school.
Pennsylvania: Diocese of Pittsburgh sued after molestation victim commits suicide.
North Carolina: Father William Casey pleads guilty to child molestation.
Illinois: Father Daniel McCormick sued by child molestation victim.
Ohio: Pastor James Blaine pleads guilty to embezzling over $100K from his parishioners.
This Week's Winner
Texas: Pastor Randy Scott has been arrested for meeting young men online and forcing them into sex. Posing as a young man, Scott would exchange emails with his victims, then appear at their homes pretending to be the step-father of the person they thought they'd been corresponding with. Scott would then threaten to call the police unless the young men gave him oral sex. At least one of the victims is underage. Scott, who is married with children, has resigned from his church.
Via JMG: PhoboQuotable - Pat Buchanan
"When did the Creator indicate that among these rights was for homosexuals to have their unions recognized as marriages? The author of that declaration, Thomas Jefferson, equated homosexual acts with rape and wrote that male homosexuals (they used the term sodomites in that time) should be castrated and lesbians should have a hole cut into their noses."Undeniably, homosexuals have the same constitutional rights of free speech, peaceable assembly and trial by jury. But what the judge has done is declare the life choices and lifestyles of gays and lesbians to be equal to the life choice of married men and women. This is nothing but Walker's personal opinion.
"But he is declaring it to be the only rational conclusion that can be reached. And having reached it, he has seized upon a phrase in the 14th amendment, 'equal protection,' distorted its meaning and dictated that this means his view and his values henceforth are the law in California, the voters be damned.
"And what the judge dismisses and rejects as irrational is a conviction rooted in the history of the human race, biblical truth, natural law and basic common sense. For, in recent decades, male homosexuality has been linked to enteric diseases, hepatitis, AIDS and early death. Historically, from the late Roman Empire to Weimar, flagrant homosexuality has been associated with sick societies, decadent cultures and dying civilizations. Today would appear to be no exception." - Pat Buchanan, writing for the Christofascist site World Net Daily.
reposted by Joe
I left the following at Sacbee:
I am so grateful to live in a country that has a system of checks and balances... I appreciate the constitution more now than ever... People who are so worried about gays and lesbians ruining their marriage should focus on making their own marriages exemplary. I hope and pray that religious people take a look at themselves, themselves, many churches have welcomed glbt people with open arms, other religious groups Catholics, Mormons, and Baha'i's seek to exclude glbt from their membership and are behaving disgracefully. All sides have been tested, and to my mind the communities that are inclusive have taught us so much, and I am very grateful to them. If a religious community doesn't want glbt members so be it, you are free to exclude us. To those communities who are open, loving and inclusive... I say thank you!
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