LGBT: Proposition 8 Courtroom on TV: CSPAN 12/6/2010 - Don't Forget!

Proceedings from the Proposition 8 appeal will be broadcast live on Monday, 6 December 2010 at 10am Pacific Time, according to SF GATE and the LA TIMES.  It will be the first trial of any federal court in California to be broadcast on television or on the internet.

Set your television, TiVO or watch the trial online!  It's scheduled to be broadcast on CSPAN.

BTW here's a handy overview, courtesy of DALLAS VOICE ; it's a viewer's guide to the Prop. 8 arguments.

NEWS: LGBT Couples Must Wait a Few More Months to Marry in CA

The Ninth Circuit STAYS Judge Walker’s ruling; Appeal Scheduled Dec. 6th
#1: Same-sex couples will have to wait until at least December, to be married in California.  The 9th Circuit Court of Appeals granted the stay.
#2: The Court desires a quick resolution and they understand the importance of the case.  Therefore, Prop. 8 supporters’ opening brief is due in just a month and the hearing will happen on December 6th.
#3: The Court specifically orders Prop 8 proponents to show why this case should not be dismissed for lack of standing.



The decision, issued by a three-judge panel of the 9th U.S. Circuit Court of Appeals, overrides Judge Vaughn Walker's order to allow county clerks to begin issuing marriage licenses to same-sex couples on Wednesday.

Supreme Court Justice Anthony Kennedy, who handles emergency motions in the West for the high court, may be consulted if Prop. 8 supporters successfully appeal.

Per Prop. 8 Trial Tracker

More info at REUTERS.

NEWS: Same Sex Marriage in California to Resume on Wednesday 18 Aug. 2010!!!

On August 18, 2010 at 5 PM PDT, defendants and all persons under their control or supervision shall cease to apply or enforce Proposition 8.

As stated on page three, line 10 of the final stay order issued today:

"As official proponents under California law, proponents organized the successful campaign for Proposition 8. Doc #708 at 58-59 (FF 13, 15). Nevertheless, California does not grant proponents the authority or the responsibility to enforce Proposition 8. "

 See a pdf of the entire final stay order as written by the Honorable Vaughn Walker, US District Chief Judge. You can also keep up to date with PROP 8 TRIAL TRACKER.

In other news, please see this powerful, logical argument in an interview on Fox News with Ted Olson, the former US Solicitor General:

NEWS: CA Same-Sex Marriage Still Not Allowed Until Stay for Pending Appeal Takes Effect

Regarding same-sex marriage, the Registrar-Recorder/County Clerk (RR/CC) of Los Angeles stated:

"...the RR/CC will comply with the orders of the court, and as such are unable to expand our services to same sex couples until entry of the final judgment."

What to do, now that Proposition 8 was overturned by the U.S. District Court?  Unfortunately, nothing, for  now.  A press release stating as such was issued by the City of Los Angeles on 4 August 2010, followed by a copy of the actual Order Granting the Stay.  Further info from the L.A. Times is here.

The Orange County Clerk-Recorder's office has not issued any statement as of noon 6 August 2010.

NEWS: Live Video of California Supreme Court Hearing on Proposition 8

The Supreme Court has announced that an oral argument will be held in the Prop. 8 cases tomorrow, Thursday, March 5, 2009 from 9:00 a.m. to 12:00 p.m.

The three cases being heard challenge the constitutionality of Proposition 8: Strauss v. Horton, S168047; Tyler v. State of California, S168066; City and County of San Francisco v. Horton, S168078 (the Supreme Court orders may be viewed here). In the cases before the court, the court has issued an order listing the following three issues to be briefed and argued:

1. Is Proposition 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution?
2. Does Proposition 8 violate the separation of powers doctrine under the California Constitution?
3. If Proposition 8 is not unconstitutional, what is its effect, if any, on the marriages of same-sex couples performed before the adoption of Proposition 8?

The court will issue a written opinion in the cases within 90 days of oral argument. Proposition 8 was a statewide ballot initiative passed by a majority of California voters in November 2008.

To watch a live stream of the hearing, tune in to the CALIFORNIA CHANNEL or on SFGTV online. If you live in the Bay Area, you can also tune in to Comcast cable channel 78 and Astound cable channel 28.

For further information, please consult these websites:
California Courts official website
LAMDA Legal

NEWS: Attorney General Jerry Brown Decides to Oppose Prop. 8 in Court

According to the San Francisco Chronicle:

"...It is highly unusual for an attorney general to use the weight of his office to try to invalidate a voter-approved initiative. But Brown's 111-page filing with the California Supreme Court makes a compelling case that the measure's attempt to deprive same-sex couples of the right to marry conflicts with the state Constitution's underlying guarantees of individual liberty , which are ingrained in its very first sentences.

"My job is to see that the laws of the state are uniformly and adequately enforced, and that includes Article I of the Constitution," Brown said in a phone interview. As he noted, there is precedent for a state attorney general arguing against a voter-approved initiative that attempts to undercut civil rights: Proposition 14, passed by
voters in 1964, would have wiped out a fair-housing law. It was ultimately overturned in court."

NEWS: Prop. 8 Protests, Petitions and Update

People protested Prop. 8 all over Orange County and Los Angeles this past weekend...

Here's a bit more disappointing news from the LA Times this weekend: "Even with 2.7 million outstanding ballots statewide -- some mail-in and some provisional -- the odds aren't in favor of beating out the gay-marriage ban's lead of more than half a million votes."

Also, here is a 'Tale of Two Votes', comparing the Prop. 8 and Prop. 22 outcomes.

As of late, i have been made aware of Equality California's petition, and Courage Campaign's petition to repeal Proposition 8.

Prop. 8 effects have already been felt by same-sex marriage based businesses, including my own wedding officiant business, A NON-DENOMINATIONAL CEREMONY. The New York Times is reporting on economic downturns in the same-sex wedding market.

NEWS: Three lawsuits filed challenging Prop. 8

According to the Los Angeles Times today:

"The first action was filed by the ACLU, the National Center for Lesbian Rights and Lambda Legal. Santa Clara County and the cities of San Francisco and Los Angeles also sued, and Los Angeles lawyer Gloria Allred filed a third suit on behalf of a married lesbian couple....

"All the lawsuits cited the constitutional revision argument, and two of them asked the court to block Proposition 8 from taking effect while the legal cases were pending. "The court must hold that California may not issue licenses to non-gay couples because if it does it would be violating the equal protection clause," Allred said at a news conference.

"A California Supreme Court spokeswoman said the court would act "as quickly as possible" on the challenges.Other lawsuits could follow, but gay rights groups have called on supporters not to file cases in federal court. They fear that a loss at the U.S. Supreme Court could set back the marriage movement decades."

MORE INFORMATION in the news:
"Prop. 8 not retroactive, Attorney General Jerry Brown Says" from an SF Gate article dated 5 August 2008.

NEWS: If Proposition 8 Passes, What Happens to Same-Sex Couples Who Were Already Married?

Will Prop. 8 cancel out recent same-sex marriages? No one seems to know for sure. Until i get ahold of someone at the clerk-recorder's office or the registrar of the state of California, or an official statement is made, i will continue to compile information from different sources on this issue.

Bay Area newspaper SF Gate writes about the legal action being taken to block the measure, and possible repercussions if Prop. 8 does indeed pass.

Hear a story on NPR with UC Berkeley professor Jesse Choper about some possibilities that were discussed before the election.

Listen to another story on NPR discussing possible legal grounds and other directions from which to fight against Proposition 8.

That's it for now, i'll be updating frequently.