MetaFilter posts tagged with prop8

SCOTUS Hears Oral Arguments in Prop 8 Case

insectosaurus — Tue, 26 Mar 2013 09:54:56 -0800

Earlier today, the Supreme Court heard oral arguments in the California Prop 8 case, Hollingsworth v. Perry. SCOTUSblog has a round-up of their analysis of today's arguments here. NYT article. LA Times article. The full audio of today's arguments and an unofficial transcript are available on the Supreme Court website. For background information on the case, see SCOTUSblog's Perry page here. Previously.

Obama officially against Prop. 8

klangklangston — Thu, 28 Feb 2013 13:19:35 -0800

President Obama will file a brief today urging the Supreme Court to overturn Proposition 8.

Justice delayed

roomthreeseventeen — Fri, 30 Nov 2012 13:14:38 -0800

In a private conference this morning, the Supreme Court of the United Stated discussed ten petitions relating to the Defense of Marriage Act and Proposition 8. Among the cases that experts expect will be taken this term are: Windsor v. United States. Plaintiff Edie Windsor and her late partner, Thea Spyer, got engaged in 1967 and lived together for 44 years. They were married in Canada in 2007. In 2009, Thea passed away; because the federal government didn't recognize their marriage, Ms. Windsor was taxed an inheritance tax of over $300,000 because she and Spyer were, according to the United States, legal strangers. In October, 2012 the Second Circuit federal appeals court declared DOMA unconstitutional. Golinski v. United States Office of Personnel Management: Plaintiff Karen Golinski a federal court employee, sought to add her spouse, Amy Cunninghis, to her employer-provided health benefits plan after they were married in California in 2008. She was unable to enroll her wife for health benefits until the Ninth Circuit Court ruled in February 2012 that DOMA is unconstitutional. Brewer v. Diaz: Plaintiff Arizonans sued to block an Arizona law that intended to strip lesbian and gay state employees of domestic partner benefits. In 2012, The Ninth Circuit Court of Appeals denied the request of Arizona State officials for an en banc rehearing of the earlier ruling, which maintains family health coverage for lesbian and gay state employees until a court issues a final decision in the case. Hollingsworth v. Perry: Plaintiffs sued to repeal Proposition 8, the California ballot proposition which passed in the November 2008 elections and stripped California of its marriage equality. On February 7, 2012, a three-judge panel on the Ninth Circuit Court of Appeals issued a 2–1 majority opinion affirming the judgment in Perry v. Schwarzenegger, which declared Proposition 8 unconstitutional, saying it violated the Equal Protection Clause. If the Supreme Court denies cert, same-sex couples will have their right to marry restored within days. Although SCOTUS took no action today, they could announce issue orders next Monday or December 7th. Ten things you should know about DOMA and the Supreme Court SCOTUSblog's four part series.

'8,' Dustin Lance Black's Prop. 8 Play

ericb — Sun, 04 Mar 2012 15:14:59 -0800

Last night Dustin Lance Black's traveling Prop. 8 play, "8," was performed at the Wilshire Ebell Theatre in Los Angeles with a star-studded cast. "Framed around the trial's historic closing arguments in June 2010, '8' provides an intimate look what unfolded when the issue of same-sex marriage was on trial." "Saturday's benefit performance was broadcast live on YouTube, where director Rob Reiner said it drew 200,000 viewers."* You can watch an archive of the performance here [02:01.32].

"George Clooney and Martin Sheen play plaintiffs’ lead co-counsel David Boies and Theodore B. Olson, the all-star attorneys who notably faced-off in Bush v. Gore. Christine Lahti and Jamie Lee Curtis play plaintiffs Kris Perry and Sandy Stier, a lesbian couple together for eleven years and the parents of four boys. Matthew Morrison and Matt Bomer play plaintiffs Paul Katami and Jeff Zarrillo, a gay couple together over ten years. Jane Lynch plays despicable opponent of same-sex marriage Maggie Gallagher, co-founder and former chairman of the National Organization for Marriage. Rob Reiner directs and plays David Blankenhorn, founder and president of the Institute for American Values. Additional cast includes Emmy Award-winning journalist Campbell Brown, Kevin Bacon, Jesse Tyler Ferguson, prominent gay rights activist Cleve Jones, Rory O’Malley, Chris Colfer, Emmy Award-winner Yeardley Smith, and acclaimed Star Trek television and film star George Takei. Brad Pitt plays Judge Vaughn Walker."*

Prop 8 Appeal: Still Unconstitutional

zarq — Tue, 07 Feb 2012 10:14:10 -0800

Three years after California voters approved a ban on gay marriage in California, a Ninth Circuit court has ruled (in the appeal case of Perry v. Schwarzenegger) that Judge Vaughn Walker's previous decision is valid, maintaining that Proposition 8 is unconstitutional and in violation of California's due process and equal protection rights. The decision came down to a 2-1 vote in favor of Judge Walker's decision. Scribd link for the decision.

CA Supreme Court: Proponents have standing to defend Prop 8

insectosaurus — Thu, 17 Nov 2011 10:48:09 -0800

This morning , the California Supreme Court announced that the proponents of Prop 8 have standing to defend it. The full decision is here (.pdf). Here is an outline of the issue. From the decision: As we shall explain, because the initiative process is specifically intended to enable the people to amend the state Constitution or to enact statutes when current government officials have declined to adopt (and often have publicly opposed) the measure in question, the voters who have successfully adopted an initiative measure may reasonably harbor a legitimate concern that the public officials who ordinarily defend a challenged state law in court may not, in the case of an initiative measure, always undertake such a defense with vigor or with the objectives and interests of those voters paramount in mind. As a consequence, California courts have routinely permitted the official proponents of an initiative to intervene or appear as real parties in interest to defend a challenged voter- approved initiative measure in order ―to guard the people‘s right to exercise initiative power . . . In this manner, the official proponents‘ general ability to appear and defend the state‘s interest in the validity of the initiative measure and to appeal a lower court judgment invalidating the measure serves to enhance both the fairness of the judicial process and the appearance of fairness of that process.

Happy, devoted, dearly in love

superquail — Fri, 04 Mar 2011 15:54:04 -0800

Ed Watson and Derence Kernek have been together for forty years (SLYT). Last summer, 78-year-old Ed Watson was diagnosed with Alzheimer's disease. His greatest fear is that he will "lose the ability to recognize [his] beloved Derence when he gets on his knee to propose." This is their heartbreaking plea to the California Supreme Court to rethink its refusal to expedite key Proposition 8 hearings.

The most exciting C-Span proceedings… ever?

klangklangston — Mon, 06 Dec 2010 10:49:35 -0800

C-SPAN airs Prop 8 appellate trial live. Prop 8 was the ballot measure that removed the right to marry from same-sex couples. Covered previously, previously, ZOMG PREVIOUSLY. Expect fun arguments about standing!

Some Dudes Marry Dudes. Get Over It.

bwg — Sat, 16 Oct 2010 01:02:27 -0800

FCKH8 Fundraiser with Lots of F-Bombs; NSFW.

The numbers behind H8

klangklangston — Wed, 04 Aug 2010 08:25:43 -0800

With a ruling scheduled today on Prop 8 — the California ballot measure that took away the right to marry from same-sex couples — Dave Fleischer has an in-depth analysis of all of the polling data on Prop 8, and his findings include some counter-intuitive numbers, like that the confusing wording actually ended up helping the No vote more than the Yes.

Closing Arguments in Prop 8 Trial

hippybear — Wed, 16 Jun 2010 08:58:48 -0800

A federal judge in California will hear closing arguments today in the landmark legal case that will determine the constitutionality of California's same-sex marriage ban , first approved by voters as Proposition 8 in November 2008. Previously. also Previously.

Among the questions Walker asked Olson and Boise to address in their closing arguments is whether voters who believe "genuinely but without evidence" in legitimate reasons for restricting marriage to opposite-sex couples are infringing on constitutional rights. The plaintiffs are also asked to provide evidence that recognizing same-sex marriages would reduce discrimination about gays and lesbians and provide benefits to the state. Walker asks Pugno and supporters of the marriage ban to provide concrete evidence that allowing same-sex weddings would harm the institution of marriage itself. He also asks, among other things, how banning the marriages would improve the chances of a child being raised by both a mom and dad given that the state already permits same-sex couples to adopt children.

MarriageTrial.com plans to post their reenactment of closing arguments as soon as transcripts are available, and wants to stream the ruling announcement live as soon as it is made. Related: Study shows voters not swayed on same-sex propositions by campaign rhetoric

Bringing Perry v. Schwarzenegger to the public in spite of the US Supreme Court

Blazecock Pileon — Wed, 03 Feb 2010 18:45:29 -0800

In its January 13, 2010 ruling, the U.S. Supreme Court blocked the public broadcast of Perry v. Schwarzenegger, a U.S. District Court case challenging the constitutional validity of California's Proposition 8, despite the ruling of Judge Vaughn Walker. Working directly from court transcripts and first-hand accounts from bloggers who have been present at the trial, marriagetrial.com is re-enacting the trial, to provide a "non-biased, objective presentation" of the case for public benefit.

Perry v Schwarzenegger Will Be Broadcast...

ericb — Sat, 09 Jan 2010 11:35:44 -0800

"On [Monday] January 11th, a remarkable legal case opens in a San Francisco courtroom—on its way, it seems almost certain, to the Supreme Court. Perry v. Schwarzenegger challenges the constitutionality of Proposition 8, the California referendum that, in November, 2008, overturned a state Supreme Court decision allowing same-sex couples to marry. Its lead lawyers are unlikely allies: Theodore B. Olson, the former solicitor general under President George W. Bush, and a prominent conservative; and David Boies, the Democratic trial lawyer who was his opposing counsel in Bush v. Gore." "Chief U.S. District Judge Vaughn Walker approved court-operated cameras in his courtroom for delayed release on YouTube, but rejected a bid by media organizations to televise the proceedings themselves for live broadcast."

Walker concluded "it is just the type of case that warrants breaking with traditions that generally have outlawed cameras in the nation's federal courts. 'I think it's worth trying in this case,'the judge told a packed courtroom. Walker is permitting court-operated cameras in his courtroom for delayed release of the Proposition 8 trial on YouTube. He becomes the first federal trial judge in the West to make use of an experimental program put in place recently by the 9th Circuit Judicial Council, the policy arm of the federal courts in nine states, including California."

Several federal courthouses around the country, however, will provide a live video and audio feed of the trial. Perry et al v. Schwarzenegger et al -- Challenge to "Proposition 8" Official Website. The United States District Court for the Northern District of California YouTube channel. Previous FPPs about Prop 8: 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9

There are known unknowns

Blazecock Pileon — Thu, 15 Oct 2009 07:50:48 -0800

"My answer is, I don't know. I don't know." US District Court Judge Vaughn Walker asked Prop 8 supporters to define the nature and extent of damage done by same-sex couples to the institution of marriage, and being unable to get any definitive answer, denied the request from supporters of Prop 8 to throw out Perry v. Schwarzenegger and ordered the case to trial in January 2010.

Strange Bedfellows Indeed

EmpressCallipygos — Wed, 19 Aug 2009 06:37:29 -0800

Theodore Olson was the 42nd United States Solicitor General, serving from June 2001 to July 2004. He also was attorney general during the Ronald Reagan administration, where he defended Reagan during the Iran-Contra affair. He appeared before the Supreme Court fifty-five times as solicitor general, most recently arguing Bush's side in the case Bush V. Gore which decided the outcome of the 2000 election. He is a member of the Federalist Society, which seeks to reform constitutional law to bring it more in line with an originalist interpretation of the constitution, and was on the board of The American Spectator magazine. But his current case, which he says could be the most important case of his career, has many fellow conservatives scratching their heads. Because Theodore Olson is going to argue before the Supreme Court in favor of overturning California's Proposition 8 and thus legalizing same-sex marriage.

In Washington State, echoes of Proposition 8

0xFCAF — Tue, 02 Jun 2009 00:24:24 -0800

In September of 2004, a Superior Court in Washington state ruled the state's 1998 "Defense of Marriage" act unconstitutional, a ruling which would have allowed the state to issue marriage licenses to same-sex couples. In 2006, the state Supreme Court issued in an opinion in Andersen v. King County overturning the lower court's ruling, noting "that our decision [pdf] is not based on an independent determination of what we believe the law should be." The legislature, in response, created the state-registered domestic partnership in 2007, expanding many (but not all) marriage-related rights to same-sex couples. Last month, a new law expanded the partnership to cover the remaining rights, creating an "all-but-marriage" partnership.

This year, the Washington Values Alliance has filed Referendum 71, which would put this expansion to a ballot vote. The referendum will need 120,000 signatures to make it to the ballot. WhoSigned.org intends to make these signatures searchable. Predictably, this is creating some controversy. In the meantime, Referendum 71 doesn't seem to be finding much support from likely allies. If it does make it to the ballot, voters hoping to maintain rights for same-sex couples should vote yes to uphold the law as signed. Confused? The Secretary of State's office understands.
Bonus Washington state ballot item: Initiative 957 (which never made it to the ballot) would have required couples to procreate within three years of marriage or face annulment.

Prop 8 Upheld

CaptApollo — Tue, 26 May 2009 10:07:49 -0800

Proposition 8 Upheld by CA Supreme Court. In crushing blow to marriage equality, the California Supreme Court has affirmed the validity of Proposition 8 today's ruling (PDF). Protests against the decision will be held in 96 cities. The court simultaneously decided that the estimated 18,000 same-sex marriages performed prior to the passage of Prop 8 will remain valid.

The Great Divorce

benzenedream — Sat, 14 Mar 2009 15:24:32 -0800

A new California proposition attempts to neutralize Prop 8 by substituting "domestic partnership" for "marriage" in state laws, thus leaving marriage to the Mormons and other interested parties. Getting the government out of marriage entirely has been proposed countless times before. (Previously: 1, 2, 3, 4)

Google Political Transparency

Weebot — Mon, 12 Jan 2009 00:11:10 -0800

A Mash-Up of Google Maps and the Proposition 8 Donor List [via the SFist]

Please don't divorce my papa and daddy.

desjardins — Fri, 26 Dec 2008 19:44:54 -0800

Please don't divorce us. An emotional argument for overturning Prop 8.

America's Pastor at the Inauguration

digaman — Wed, 17 Dec 2008 18:11:15 -0800

Gay marriage equals incest and pedophilia. Abortion equals the Holocaust. Or so thinks "America's Pastor Rick "Saddleback" Warren, bestselling author of The Purpose-Driven Life, vocal supporter of Proposition 8, and the spiritual leader chosen by President-elect Obama to give the invocation at his inauguration. But hey -- don't call him a homophobe: He even eats dinner with gays.

Prop 8 The Musical- 6 weeks too late

ThePinkSuperhero — Wed, 03 Dec 2008 07:19:27 -0800

Prop 8 The Musical Conceived and written by Broadway composer Marc Shaiman, starring Jack Black and John C. Reilly, and featuring an all-star cast.

Got Milk?

ericb — Fri, 28 Nov 2008 17:58:55 -0800

Thirty years ago yesterday (November 27, 1978) San Francisco Board of Supervisor Harvey Milk and Mayor George Moscone were assassinated by Dan White, another city supervisor. Milk was the first openly gay man to be elected to public office in the U.S. Prior to his death he championed a movement against a California proposition (Proposition 6, dubbed the Briggs Initiative) which sought to ban gays and lesbians, and anyone who supported gay rights, from working in California's public schools. In the midst of a national right-wing, conservative, religious movement heralded by folks like Anita Bryant the proposition was soundly defeated. Fast forward to today. A new film "Milk" [trailer] (starring Sean Penn in the title role) is garnering critical acclaim and is relevant to current events. "Harvey came up against a lot of obstacles, which I think is the case for any gay man now," says Brolin, who plays Dan White [in the film]. "The irony is that Prop 8 is now what Prop 6 was then."

Coming to a town near you... Prop 8 Protests

Glibpaxman — Thu, 13 Nov 2008 18:14:56 -0800

Proposition 8. Saddened? Curious? Outraged? Happy? Dont Care? On Saturday, November 15 in every state across America and even in cities worldwide there will be a day of action. The response has been so overwhelming the website organizers needed to open up a sister website to handle to traffic overload. In many cases, police are being updated repeatedly by event coordinators with exponential expectations for attendees. A taste of the action: Alabama, California, Texas, Iowa, New York, Oregon, Utah, Washington, Washington DC, International

No More Mr Nice Gay...

Talez — Sat, 08 Nov 2008 15:41:28 -0800

"We should have got nasty a long time ago,". So the mormon church has decided to get itself involved with the politics in California? Some California residents have decided to attempt to have the church's tax exempt status revoked while others are taking the fight more directly to the church. Some have called for a boycott of Utah while possibly the only mormon in Utah who doesn't give a crap about gay marriage has written a very insightful piece.