Prop 8 Attorneys Make Case for Democratic Rights//

Proposition 8 Trial Continues . . .  U.S. Supreme Court set to make final ruling Wednesday on trial broadcast

The trial continues and Attorneys for Proposition 8– the measure that upheld traditional marriage in California– are focusing on democratic rights. I agree with that angle. I’m not an attorney, yet, but from my point of view, as a voter, that’s where the problem is. Legal counsel for the opposition to Prop 8 are trying to invalidate our votes and our rights as Californians to change our State Constitution.

“Clearly the big issue on this case is going to be the role of the courts and the rights of the people ultimately to make decisions in the democratic process and to be able to have their votes counted,” explained attorney Andre Pugno.

Prop 8 attorneys say they’re concerned about hatred against traditional marriage supporters.During the campaign against gay marriage, church vandalism was witnessed and some Prop 8 supporters received death threats, including Pastor Jim Franklin in Fresno, Calif.

“I’ve had threats before and you don’t know how seriously to take them,” Franklin recalled. “The chief of police called me back in about two minutes and said ‘Yes, we’re taking it very seriously because of the nature of it.'”

That kind of intimidation is why Prop 8 supporters oppose broadcasting the trial and posting it on YouTube. They fear for the safety of witnesses.

Opponents, however, say Americans should be able to view the debate for themselves.

The U.S. Supreme Court will make a final decision on the issue Wednesday.

Meanwhile, the California trial against Prop 8 is expected to last two to three weeks. No matter the outcome, the case is expected to be appealed to the high court.

source: CBN.com

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Supreme Court Blocks YouTube From California’s Prop 8 Trial

source: the liberal oc.com

A small victory today for the Pro Prop 8 side.

The Supreme Court has blocked youtube streaming of the trial,

at least for now.

The U. S. Supreme Court has put a halt, at least temporarily, on plans to let Google’s (GOOG) video site stream coverage of the “Proposition 8″ trial, which kicked off today in a San Francisco courtroom.

U.S. District Judge Vaughn Walker was going to allow the trial to be covered, on a tape-delayed basis, on the world’s biggest video site.

The Supreme Court has granted a temporary order overturning Walker’s ruling to allow tape-delayed youtube videos to be uploaded to the site by Court staff.

The court didn’t explain its reasoning, according to the Los Angeles Times, but perhaps we’ll hear more down the road–the ruling is only supposed to remain in effect until Wednesday.

Prop. 8 trial Day 1: Live coverage from the courtroom

If you want up-to-date trial info, the San Jose Mercury News is covering the trial from the Court room, and you can read their updates here.

Sources: TorrentBomb News All Things Digital

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Federal Prop 8 trial set to begin Monday//

Proposition 8 goes to trial – Federal lawsuit begins on Monday

The lawsuit claims that the state ban violates the United States Constitution’s due process and equal protection clauses and creates a category of “second-class citizens” for gays and lesbians.

The LGBT legal teams is set to try and convince the Federal court that the voting rights of Californians should be ignored and that what they (we) have passed into law for our state shouldn’t matter.

What about a child’s equal protection under the law and their right to grow up in a traditional family? The original arguments of Prop 8 proponents are still valid.

. . .the federal lawsuit questioning the constitutionality of California’s voter-approved ban against same-sex marriage, set to begin Monday, January 11, could have sweeping impacts on whether gays and lesbians can legally marry in the Golden State..

I guess that’s a no for In Session, formerly known as CourtTV, when U.S. District Court Chief Judge Vaughn Walker rejected their offer to broadcast the trial. However he announced Wednesday that he will give the public access to the trial via tapped sessions that will be uploaded to youtube.com daily, via court staff, as he wants the process to be completely under the Court’s control.

The decision not to allow the media to broadcast the court proceedings live is somewhat of a setback for LGBT activists who had urged Walker to televise the proceedings. The judge issued his ruling after hearing arguments from both sides in the case Wednesday morning.

Alex Kozinski, chief judge of the 9th U.S. Circuit Court of Appeals, must sign off on the video plan. The court only recently decided to allow judges to have discretion over whether to televise proceedings in the courtrooms or not.

Walker’s decision is a partial win for the attorneys for the groups backing Prop 8, who warned the court that opening up the procedures to television cameras could result in their witnesses being harassed. The judge said he would turn off one of three cameras set to be used during testimony if witnesses ask not to be videotaped.

The lawsuit, known as Perry v. Schwarzenegger , has drawn wide media coverage since it was first filed in late May 2009, particularly for the odd legal pairing of lawyers Theodore Olson and David Boies. The two notably argued against each other in the Bush v. Gore U.S. Supreme Court case of 2000, which was won by Olson and handed the presidency to George W. Bush.

The attorneys agreed to argue the Prop 8 case on behalf of two couples – Berkeley residents Kris Perry and Sandy Stier, and Burbank residents Paul Katami and Jeff Zarrillo – who were denied the right to marry by the passage of Prop 8 and the California Supreme Court’s subsequent ruling upholding the constitutional amendment. The lawsuit claims that the state ban violates the United States Constitution’s due process and equal protection clauses and creates a category of “second-class citizens” for gays and lesbians.

The parties involved are expecting this case to be rather lengthy and complex. The No on Prop 8-ers and the couples who brought the suit are hoping that by the time this case gets to the Supreme Court (which apparently they are planning on happening) that the Court will be very different from what it is today, more liberal and apt to rule in their favor.  They are also hoping that the country will be more accepting and sympathetic to their plight.

{Click here to continue reading. . .}

Californian’s Will Have Their Say On Supreme Court Justices Who Constitutionally Stray//

Check out these interesting tidbits from the brilliant Beetle Blogger. It looks like we won’t be stuck with activists judges after all. As liberal as some people and elected officials in California are, at least we have a system where the citizens can participate a form of checks and balances. If someone gets out of line, we have the means to eject them from office, and prevent them from being even more destructive.

Automatic Recall of California Justices?

I learned an interesting thing this morning.  Judicial appointments in California are confirmed by the public at the next general election; justices also come before voters at the end of their 12-year terms.  Who is coming up for the end of their 12 year term this time around??

Three California Supreme Court justices will be up for reelection to 12-year terms on the November 2010 ballot:

1. Ron George – led court to invent homosexual “marriage” last year

2. Ming Chin — voted to uphold Prop. 22 last year

3. Carlos Moreno — voted to invent homosexual “marriages” last year

Carlos Moreno was the lone dissenting vote on upholding Proposition 8.  The amount of stretching and wheedling that had to be done in order to muscle his will into the state constitution automatically discredits him and disbars him in my mind.  There is no way he should ever sit as a judge over this state with that kind of willingness to overlook the basic rights of the people.

Ron George is hardly better.

There are some days when I am so glad to be a Californian.  When I look at these other states so helpless against their legislatures and judiciaries…It’s unfathomable the amount of work they have to put out to reorganize a corrupt system.  The California Constitution gives the people power.

That’s something to be grateful for.

—Beetle Blogger

Get ready to vote folks!!!

Another tidbit that you might find interesting…Carlos Moreno, the 1 dissenter who voted to strike down Prop 8, was also on Obama’s short list for potential appointees to the U.S. Supreme Court. The very same list from which he appointed Sotomayor. Not very shocking coming from Obama huh? Sotomayor is right up there  with all of the others who promote liberal ideologies, and hopes to assert her beliefs and opinions ahead of the rule of law when it comes to interpreting the Constitution.

For more info on Judicial Activism {click here}.

Source: Beetle Blogger

Federal Lawsuit Filed Against Prop 8//

citizenship

Bush vs. Gore attorneys join forces against Prop 8.

Lawyers David Boies and Theodore B. Olson were on the opposite sides of a case that determined a presidency. Now they’ve joined forces to fight against traditional marriage in federal court and are representing two same-sex couples.

Boies, who represented Al Gore in the 2000 Florida vote-recount case, has teamed up with Olson, who represented the ultimately victorious George W. Bush.

In addition to his efforts for Gore, Boies is best known for representing the U.S. government in the late 1990s in its anti-trust case against Microsoft.Olson was the U.S. solicitor general under President George W. Bush, serving from June 2001 to July 2004.

They’ve filed a lawsuit in federal court challenging Proposition 8, California’s ban on gay marriage.

In addition to asking that Proposition 8 be declared unconstitutional, the lawyers are also seeking an injunction against the enforcement of the ban.

“Mr. Olson and I are from different ends of the political spectrum, but we are fighting this case together because Proposition 8 clearly and fundamentally violates the freedoms guaranteed to all of us by the Constitution,” Boies said in announcing thesuit.

The lawyers argue, among other things, that Proposition 8 denies the couple the right to marry and violates the equal-protection clause of the 14th Amendment.

The amendment’s Equal Protection Clause requires states to provide equal protection under the law to all people within their jurisdictions.

Chairm, one of The Opine Editorials’ brilliant bloggers, summed up David and Ted’s arguments from the news conference in which they announced their partnership in the fight for SSM in federal court.

These two lawyers who hope to take their case to the US Supreme Court
appeared on Hardball the other day. They want to use the CA marriage
amendment as the excuse to impose SSM across the country.

Below is a rough transcript. Note that their arguments have not
evolved one iota
since the pro-SSM side went to court in Hawaii back
in 1993. Here are some quick points they voiced.

1. It is said that the man-woman basis of marriage law discriminates
“purely” on sexual orientation. A new term is coined: “same-sex
individuals”.

2. It is said that marriage is the right of an individual to marry the
person of choice.

3. Marrige is called a fundamental human right — not merely a
constitutional right — and that race and sexual orientation are
closely analogous.

4. The claim is that the marriage amendment is just about the word;
but the complaint they make goes much farther than that.

5. The complaint refers to an individual’s equality, but here the
lawyers talk of equating different types of relationships.

6. A new attempt at analogy is made: citizens who pass the citizenship
test being denied the use of the word citizen.

7. The complaint is  the man-woman basis of marriage exists because
“same-sex indivduals” are unpopular and because the majority doesn’t
like what “same-sex indivduals” do in their relationships. They did
not once refer to sexual behavior.

8. They point to the example of Brown v. Board of Education — (an
activist decision that was poorly reasoned even if it came to a just
conclusion) and linked it to the Civil Rights Act which they said
would never have happened if not for the Supreme Court’s leadership.

Watch the 5 minute video and try not to yell at your monitor. They
can’t hear you. They can’t hear common sense either.

Cheerio,
Chairm

You can see these attorneys on MSNBC’s Hardball at the link {here}

Source: news.muckety.com

Fox News Prop 8 “Legal Analyst” Bob Massi’s Commentary Way Off the Beam//

Massi_R

Photo: Bob Massi

So if you were watching Fox News on Tuesday, right after they announced the California Supreme Court decision, then you probably saw the insane commentary from legal analyst Bob Massi. Check out this analysis from my brilliant friend beetle blogger, sent in an email after the decision was announced. She’s right on as always.

I think we should all apply for analyst jobs at fox. I don’t have any news experience, but obviously it doesn’t matter, I apparently won’t need facts either…

Fox News Legal Analyst???  What kind of comment is this?  On live news, incorrect propaganda is being spouted:

“this movement, prop 8 was very much funded , millions of dollars, much by the Mormon Church as you know, they spent, they were organized, they went out .. what’s going to happen now? The bottom line is they lost….

There is a lot to be learned by this….  they got out charged, money wise.   They got out organized.  You and I have covered these kind of cases… its all about money.  If you have the amount of money to go out and try to raise the kind of support you want, and to pay the people and the volunteers to get out there, those are the ones that usually win.”

—Bob Massi, Fox News Legal Analyst
Would you like a point by point rebuttal of this awful legal analyzing?  I’m just a regular joe and I know more than your legal analyst does!
The Mormon Church gave no money.  Only in-kind donations amounting to an insignificant fraction of the donations received in the Proposition 8 fight.  As a prop 8 supporter I can tell you that I was not paid, and neither were any of the thousands of volunteers who worked tirelessly for marriage. We worked for Proposition 8 because it was right, not for money.
Proposition 8 supporters were out fund-raised and outspent by far, not the other way around.
Fire the “Legal Analyst”.
Massi goes on to say that gays a “class” of people, now divided…
We really have now… two classes of people within the same class… There is a sense of reverence. They want to be able to introduce their partner as their spouse. They want to say “this is my husband,” “this is my wife,” not “this is my partner.” And as a result, the reverence and the depth of that that you and I take for granted, they want that back. This will back very soon I’m sure in the next four years.
If you want to let Fox know how you feel about Massi’s rah-rah,gay marriage rally, write to Fox News here: feedback@foxnews.com

Digg, delicious, facebook, twitter…it’s all there!

Check out Bob’s video:

LDS Church Issues Response to California Supreme Court Decision on Proposition 8//

photo source: beckhamlawoffice.com

photo source: beckhamlawoffice.com

SALT LAKE CITY 26 May 2009 Today’s decision by the California Supreme Court is welcome. The issue the court decided was whether California citizens validly exercised their right to amend their own constitution to define marriage as between a man and a woman. The court has overwhelmingly affirmed their action.

The Church of Jesus Christ of Latter-day Saints recognizes the deeply held feelings on both sides, but strongly affirms its belief that marriage should be between a man and a woman.  The bedrock institution of marriage between a man and a woman has profound implications for our society. These implications range from what our children are taught in schools to individual and collective freedom of religious expression and practice.

Accordingly, the Church stands firmly for what it believes is right for the health and well-being of society as a whole. In doing so, it once again affirms that all of us are children of God, and all deserve to be treated with respect. The Church believes that serious discussion of these issues is not helped when extreme elements on both sides of the debate demonize the other.

I am proud and very grateful to be a member of this Church, where our leaders remind and encourage us to all love and respect each other, and treat each other with kindness, despite our differing opinions.

Source: newsroom.lds.org


California Supreme Court upholds Proposition 8//

marriage

The voters, and now the California Supreme Court, have spoken.

Marriage = 1 Man + 1 Woman. That’s it!!!!!

Today, the California Supreme Court announced their decision to uphold Proposition 8, and the will of the voters, in a 6 to 1 decision!!! Only 1 dissenting vote. Marriage in California is now legally defined in our Constitution as only between 1 man and 1 woman. I totally agree with my blogger friend Pearl, when she said:

I am immensely relieved that this state’s judiciary was inspired to reaffirm the right of the people of California to amend our own Constitution as we see fit.

Society, families and children will benefit from this  preservation of marriage! As for the 18,000 same-sex couples who got married last year during a small window when it was legal, the court has ruled that they will remain valid. I find it interesting though, that these folks think they are married, in a state where our constitution clearly says their marriages aren’t “valid or recognized.” Married or not, homosexual couples retain the same rights under California’s domestic partnership laws,  so hopefully they will learn to be happy with that. They aren’t being deprived of any civil rights like they try to convince everyone they are. I’m just happy that the court didn’t let them hijack real marriage.

The Supreme Court’s website is most likely overloaded, so I haven’t been able to read the justices’ opinions yet. I’ll post more info later! Prop 8 made history today for a 2nd time. I hope that now all of the other states will follow suit…it seems like a lot of them have been willy-nilly passing pro SSM laws lately, but since we know that the nation watches, and often follows, California, hopefully today’s decision will have a positive influence when it comes to preserving marriage in other states.

{p.s.} Pearl, I stole tags from your post! They was awesome! Thanks!!!!


CA Supreme Court May Make Prop 8 Ruling on Thursday//

SFPD Drops Off Barricades In Castro, All Eyes On California Supreme Court

An SF City Hall insider tipped me earlier tonight that the SFPD was dropping off racks of barricades in the Castro in advance of an expected Thursday ruling on Prop 8 from the California Supreme Court. No confirmation at this point, but similar reports are coming in from San Diego. We’ll know around midday when the Court posts its list of rulings for the next day.

VERY RELATED: Thursday will also be the 30th anniversary of the White Night Riots, and Friday is Harvey Milk’s birthday. You have to wonder if the Court is aware of that timing and what it may mean if they’ve decided to rule this week.

The California Supreme Court announces its decisions on Mondays and Thursdays and in most cases will give 24-hour advance notice of the announcement. The deadline for the court’s decision is June 3, 2009.

We will see if this turns out to be true. I’ll be watching the news tomorrow.

Source: via my friend’s facebook page,  blogout.justout.com