In Three Days...

This could be historic

President Obama speaks on why He wants Prop 8 Struck Down

Please Storm NOM's Hate Rally in D.C.

NOM is having a hate rally during the Supreme Court hearing over gay marriage. If you happen to be in the neighborhood, please stop by and give them a peace of your mind.

Let those haters know that they shouldn't f*ck with our love and happiness.

SCOTUS will hear Oral Argument in Prop 8 Case on March 26th; DOMA on March 27th

Prop 8/DOMA Update!

The Supreme Court will hear oral argument in Hollingsworth v. Perry, the federal constitutional challenge to California’s Prop 8, on March 26th and DOMA on the 27th.

This is from AFER press release:

Enacted in November 2008, Proposition 8 eliminated the fundamental freedom of gay and lesbian Californians to marry. On December 7, 2012, the Supreme Court granted review in Perry to consider whether Proposition 8 violates the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution.

The Perry case was filed on May 22, 2009, in Federal District Court on behalf of two California couples, Kris Perry and Sandy Stier, and Paul Katami and Jeff Zarrillo. On February 7, 2012, the United States Court of Appeals for the Ninth Circuit issued a landmark ruling upholding the historic August 2010 decision of the Federal District Court that found Proposition 8 unconstitutional. 

The Supreme Court also indicated today that it will hear oral argument in United States v. Windsor, a challenge to the constitutionality of the federal Defense of Marriage Act (DOMA), on Wednesday, March 27, 2013. Enacted by Congress in 1996, DOMA nullifies the marriages of gay and lesbian couples for all purposes of federal law.

The Supreme Court will receive written briefs from the parties in Perry and Windsor prior to hearing oral argument.

What we may see during the SCOTUS Gay Marriage Hearings

The Rachel Maddow Show presented a great piece on the subject.

Visit NBCNews.com for breaking news, world news, and news about the economy

NOM Praises SCOTUS Decision over DOMA and Prop 8

Read their broke ass press release:

The National Organization for Marriage (NOM) today praised the U.S. Supreme Court for agreeing to grant certiorari in the case determining the validity of Proposition 8:

"We believe that it is significant that the Supreme Court has taken the Prop 8 case," said John Eastman, NOM's chairman and former Dean (and current professor) at Chapman University School of Law. "We believe it is a strong signal that the Court will reverse the lower courts and uphold Proposition 8. That is the right outcome based on the law and based on the principle that voters hold the ultimate power over basic policy judgments and their decisions are entitled to respect."

NOM was the largest contributor to qualifying Proposition 8 to the ballot and has been a major supporter of legal efforts to uphold it. The trial court in San Francisco—in a trial presided over by a homosexual judge involved in a long-term same-sex relationship—invalidated Prop 8, finding for the first time in American history a right to same-sex marriage under the 14th amendment to the U.S. Constitution. The Ninth Circuit Court of Appeals, in a decision written by Justice Stephen Reinhart, largely ignored the trial court's reasoning and fashioned a ruling devoid of precedent, claiming that once a state has "approved" same-sex marriage, it cannot take it away. But California voters never approved gay marriage. Instead, a sharply divided state Supreme Court, in a 4-3 ruling, imposed gay marriage. Voters overruled it with the passage of Proposition 8 several months later.

"Had the Supreme Court agreed with the lower courts' decisions invalidating Proposition 8, it could simply have declined to grant certiorari in the case," Eastman said. "It's a strong signal that the justices are concerned with the rogue rulings that have come out of San Francisco at both the trial court and appellate levels. It's worth noting that Judge Reinhart is the most overruled judge in America. I think this case will add to his record."

Whatever, bitches!

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DOMA or Prop 8 cases are not on the Supreme Court's List

The Supreme Court revealed their the first list of cases and guest what? DOMA nor Prop 8 was on the list.

Here a bit more from AFER’s Marriage Blog:

The Justices meet nearly every week to determine the cases they will take up. The next time we could hear something is Monday, October 1 at 9:30 a.m. EDT / 6:30 a.m. PDT, when the Court is expected to release a list of cases it is not hearing this Term.

Some have speculated that the Supreme Court may wait to consider our case until later this fall when the Justices will decide whether to grant review in several cases challenging the so-called Defense of Marriage Act.

Also...

If the Supreme Court decides to hear our case, AFER’s legal team led by distinguished co-counsel Ted Olson and David Boies will urge to Court to affirm the fundamental right of all Americans to equally enjoy the freedom to marry the person they love.

If the Supreme Court decides not to hear our case, the landmark February 2012 decision of the Ninth Circuit Court of Appeals that struck down Prop. 8 will be made permanent, and marriage equality will return to California.

more to come, folks

Prop 8 possibly Heading to the Supreme Court

 The rehearing of the Prop 8 case was denied by the 9th Circuit Court of Appeals 

AFER reports:

AFER’s federal constitutional challenge to Proposition 8 is now entering its final stage. The Ninth Circuit Court of Appeals decided today it will not rehear our case. Now, there are only two things that could happen:

1. Couples start getting married again in California; or
2. Our case for marriage equality goes to the U.S. Supreme Court

And now it looks like the case is going to the Supreme Court

Supporters of the 2008 ban, Proposition 8, have lost two rounds in federal court but have made clear they will appeal to the U.S. Supreme Court and hope for a favorable response from the conservative-leaning court.

The top U.S. court could agree to hear the matter in the session beginning in October, putting it on track to decide the case within a year.

"We're not end of the line yet, but we are vastly closer," said Theodore Olson, an attorney for the two gay couples challenging the ban.

An attorney for the ban supporters said that his team was preparing for the next round. "We will promptly file our appeal to the nation's highest court and look forward to a positive outcome on behalf of the millions of Californians who believe in traditional marriage," Andrew Pugno said in a statement.

Exciting times! 

What Happened During the Prop 8 Hearing Today?

This morning, the California Supreme Court heard both sides of the Prop 8 case. A lot was said, so I will give y'all a couple of links to read for yourselves. But I do have a quick wrap quote up from AFER Board President Chad Griffin and Ted Olson:

“This morning’s hearing before the California Supreme Court marks a seminal moment in our Plaintiffs’ case. Today, we have moved one important step closer to marriage equality for all gay and lesbian couples across California. Proposition 8 is hanging by a thread and soon the historic federal court decision that ruled Prop. 8 unconstitutional will be realized.”

AFER-associated attorney arguing on behalf of plaintiffs in Perry v. Schwarzenegger Ted Olson had this to say about today's hearing:

“There is ample authority that individuals do not have a right to defend a law unless they would suffer a direct and immediate harm from its invalidation. The proponents of Proposition 8 will not suffer any harm from a decision that grants gay and lesbian Californians their fundamental civil right to marry. It is the Attorney General who has the exclusive authority to make litigation decisions on behalf of the State, and here the Attorney General has made the sound decision that the discriminatory provisions of Proposition 8 do not warrant defense on appeal. Proponents cannot second-guess that exercise of discretion.”

The CA Supreme Court justices now have 90 days to deliver a verdict.

 More to come.

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Judge Ware: Judge Walker's sexuality is Non-Issue in the Prop. 8 case

Judge James Ware

The haters believed that Judge Walker's sexuality and relationship played a huge role in his decision over Prop 8. They forced this issue in for a hearing today, hoping to erase his ruling.

Well, that didn't work out so good for them today. The Judge overseeing his mess said that there was no evidence that Walker's sexuality tripped up the Prop 8 case.

A federal judge questioned Monday whether the judge who presided over the Proposition 8 trial had a duty to disclose his same-sex relationship if he did not intend to marry his long-term partner.


U.S. District Chief Judge James Ware said during a court hearing that there was no evidence that retired Judge Vaughn R. Walker ever wished to marry his partner, a physician.


Sponsors of Proposition 8, the 2008 ballot measure that resurrected a ban on same-sex marriage, argue that Walker’s ruling against the marriage ban should be wiped from the books because his long-term relationship created an interest in the outcome of the case.


Ware, who is African American, said the Proposition 8 case was the first to test the need for a judge’s recusal in a case in which the judge is gay. Ware noted that “the same kind of struggle” has affected female judges and jurists who are racial minorities.


“This is the first case where same-sex relationship is the subject for disqualifying a judge, so it is important that we treat it seriously and get it right,” Ware said.

The haters were stupid to do this. They are so desperate to stop gay marriage, it's getting ridic. Just let it go, we will win.

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Prop 8 Supporters want to Overturn Judge Walker's ruling because he got a Man

Haters are going to hate. The Prop 8 supporters are trying their best to keep the hateful law alive.

They want to strike down Judge Walker's ruling because he's gay and he's has a MAN!
Here's the scoop:

Lawyers for Protect Marriage, the coalition of religious and conservative groups that sponsored Proposition 8, however, have not previously raised his sexual orientation as a legal issue.

Protect Marriage general counsel Andy Pugno said that changed when the judge this month told a group of courthouse reporters about his 10-year relationship. The issue is not that Walker is gay, but that his relationship status made him too similar to the same-sex couples who sued for the right to marry, Pugno said.

"We deeply regret the necessity of this motion. But if the courts are to require others to follow the law, the courts themselves must do so as well," Pugno added.

Walker said at the time that he did not consider his sexual orientation to be any more a reason for recusal than another judge's race or gender normally would be.

They need to quit this show and stay out of Judge Walker's private business. I'm sure he was fair and true to the case. Their silly attempts to stop the inevitable is tired and desperate.

Let justice be, haters.

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Cali-Cal's AG Kamala Harris files a letter to Lift Stay on Marriages

California attorney general and diva,  Kamala Harris has filed a letter with the 9th circuit U.S. court of appeals to put gay marriage back on the playing field in Cali-Cal.

In arguments filed with the U.S. 9th Circuit Court of Appeals, Harris asked the court to lift a hold on a federal court order directing the state to permit gays to marry. U.S. District Judge Vaughn R. Walker, who served on the bench in San Francisco, ruled that the marriage ban violated constitutional rights to due process and equal protection.

Harris' argument follows a decision by the California Supreme Court to consider a question in the case that could put off a final resolution in the 9th Circuit for more than a year.

"For 846 days Proposition 8 has denied equality under law to gay and lesbian couples," Harris told the court. "Each and every one of those days, same-sex couples have been denied their right to convene loved ones and friends to celebrate marriages sanctioned and protected by California law."

The federal appeals court recently asked the California Supreme Court to rule on whether the proponents of Proposition 8 have legal standing to defend the initiative in court when state officials refuse to do so. Last year, Attorney General Edmund G. Brown Jr. opposed imposition of the stay, pending appeal.

Do it, girl!

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CA Supreme Court may decide on entering the Prop 8 fray Next Week

Interesting developments in Cali-Cal. The California Supreme Court maybe entering the Prop 8 fray by next week.

SF Gate reports

The 9th U.S. Court of Appeals said last month that it cannot decide if the gay marriage ban is constitutional until the state high court weighs in on whether proposition sponsors have authority to defend the measure.

A three-judge panel asked the California Supreme Court to decide if ballot proposition backers can step in to defend voter-approved initiatives in court when state officials refuse to do so. The panel suggested it would have to dismiss the case if there's no state high court input.

The Los Angeles Times says Cantil-Sakauye told reporters Wednesday that the California Supreme Court will soon decide whether to weigh in.

You know I will keep y'all posted

If interested, I have the Whole Prop 8 Hearing right here

Hey y'all. I wanted to make sure I had the full hearing for you guys. I know a lot you are working or on the go, so here's the case for your leisure

9th Circuit Prop 8 Hearing will be televised LIVE on C-SPAN and KGO-TV

Good News from Prop 8 Trial Tracker

C-SPAN applied to televise live the case captioned above, scheduled to be heard in San Francisco, on December 6, 2010 at 10:00 a.m. C-SPAN’s request to televise live is GRANTED. A maximum of two (2) video cameras will be permitted in the courtroom. C-SPAN will serve as the pool-feed for all media organizations that submit an application. 

And here's another one

UPDATE: KGO-TV, a San Francisco ABC affiliate, also applied to televise the hearing. The good news from the court:

Filed clerk order (Deputy Clerk:PA):KGO-TV applied to televise live and videotape for later broadcast the case captioned above, scheduled to be heard in San Francisco, on December 6, 2010 at 10:00 a.m. KGO- TV’s request to televise live and videotape for later broadcast is GRANTED.[7549438] (PA)

Judge Walker will leave the bench next year

Bittersweet news, gang. Judge Vaughn Walker, the man who ruled that Prop 8 was unconstitutional, is leaving the bench in February.

In a press release from the United States District Court for the Northern District of California, Walker announced he plans step down as chief judge effective December 31 and that he notified President Barack Obama by letter today that he would leave the court in February.

District Judge James Ware will assume the post of chief judge of the Northern District on January 1. Upon leaving the federal bench, Walker plans to return to the private sector.

In his letter to the president, Walker wrote, "Concluding 21 years of judicial service, I leave the bench with the highest respect and regard for the federal judiciary, its judges and their staff and the essential role they fulfill in our constitutional system."

It will be sad to see him go, but at least he will leave on a high note.

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Prop 8 Supporters attack Judge Walker's... Judgement?

This fools just won't quit! Haters are now, going after Judge Walker!
These lawyers are begging the federal appeals court to overturn Judge Walker's decision, claiming he was "egregiously selective and one-sided."

Please read the brief:

Prop 8 backers target trial judge

California Supreme Court said "No Go" on Prop. 8

California Supreme Court won't order Cali-Cal to defend Prop H8!

The state Supreme Court denied a conservative legal group's request to force the state officials to defend the voter-approved ban.

The court did not explain why it rejected the emergency petition filed by the Pacific Justice Institute. The institute had argued that the attorney general and governor were required to uphold all laws, including initiatives passed by voters.

Is this a sign? It better be!


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Gov. Schwarzenegger will not appeal the Prop 8 Court Decision

Today, Gov. Schwarzenegger said that he will not appeal the Prop 8 court decision to the 9th Circuit.

Here's the scoop from Keen News Service:

The definitive statement means the ability of Proposition 8 proponents to appeal will depend entirely on the legal standing of the Yes on 8 coalition.

Governor Schwarzenegger had until September 11 to make a decision and, though his position on marriage equality for gay couples has been changing, his most recent statements seemed to indicate he would not direct the state’s attorney general to appeal the decision from the U.S. District Court in San Francisco.

That decision, issued August 4 by Judge Vaughn Walker, found Proposition 8 violates the federal constitutional guarantee to equal protection. The Yes on 8 coalition filed its appeal and a three-judge panel of the 9th Circuit has said it will hear the appeal during the first week of December, along with arguments concerning whether the Yes on 8 coalition has standing to appeal.

Hoping to shore up the legitimacy of that appeal, the Pacific Justice Institute, a conservative legal group, filed an appeal—Beckley v. Schwarzenegger—to the California Supreme Court this week, asking it to force the governor to instruct the attorney general to join the appeal in the 9th Circuit. The state supreme court ordered the governor and attorney general to weigh in on this matter today.

Attorney General Jerry Brown sent his statement today, check it out:

Attorney General Jerry Brown's response to Pacific Justice Institute's Appeal

Hat Tip to Metro Weekly for the letter. More info is there on their site.

CNN's Jefferey Toobin gives another view to the Prop 8 Stay