Politicians and After The Fact Apologies

"The quality of mercy is not strained, 

It droppeth as the gentle rain from heaven 

Upon the place beneath: it is twice blest;

It blesseth him that gives and him that takes:"

        ~William Shakespeare....The Merchant of Venice

At least so saith the poet...

Forgiveness is an incredible force for healing as well as human progress that many often write off as a weakness. Yet, without mercy and its close cousin, forgiveness, we would fight blood feuds without end...and in my opinion the world is filled with enough examples of that. So it is with some internal conflict that I read this week that Bill Clinton is kinda-sorta non-apologizing for signing DOMA into law and urging the Supreme Court to strike it down. I mean, the man signed it into law, so I should be jumping up and down in celebration that he is going public condemning it....right?. Well, given the spate of politicians that have recently come out to support abolishing DOMA and prop 8 who previously supported enacting those laws when they were in power...my feelings about Clinton's actions are mixed and anything but poetic.

In Brief...The 8 State Solution Isn't One At All

The news this week has been nearly dominated by accounts of the many individuals and organisations submitting amicus(friend of the court) briefs to the Supreme Court, asking them to strike down The Defense of Marriage Act and/or California's Prop 8. Among those who have file include 212 Congressional Democrats, some 100+ republicans, Several corporations from major tech firms to investment banks, Footballers Kris Kluwe and Brendon Ayanbadejo, and yes...even Ellen Degeneres got in on the act. Finally, and among the most anticipated, as well as most analysed briefs, is that from President Obama.

Now, an amicus brief is little more than an opinion, and like all opinions it's primary purpose is to exert influence...but that's all. And as the saying goes..."opinions are like *rseholes, everyone's got one."  Being that they are attempts to sway opinion, the Justices of the Supreme Court don't have to pay any attention to them what so ever. Yet, it seemed as if anyone who had a stake in the issue was lodging their opinion for formal review. As the week progressed and more politicians and celebrities jumped on the bandwagon, I began to wonder how many of these filings would get simply get ignored...except for one. A great deal of attention has been granted to President Obama's recent filing. Being that he is an equal branch of government and the head of the nation, one would hope that Scotus would consider his opinion with the due weight of the office he holds.

Given that the President has "evolved' on the issue of marriage equality...and that he has been willing to be vocal about that support to the public...it was with some surprise and consternation that I read what is being called the "8 state solution", or as it is heralded in headlines "limited gay marriage". What the hell does that even mean?! Well, it goes something like this...

Perry V. Schwarzenneger: Upcoming Live Broadcast of Ca Supreme Court

Today the California Supreme Court is scheduled to hear the next round of testimony in the ongoing battle over Proposition 8. Today's hearing will held to answer the question of whether or not Protectmarriage.com and backers of Prop. 8 have the legal standing to defend the law in court if authorized state representatives decline to do so. For those who may recall, this question was previously put before the Ninth Circuit Federal Court who found that they simply didn't have enough precedent to answer the question on their own and thus sent the matter back to the State Supreme Court to verify before the federal trial could continue.....and so here we are today.

Todays session will be held at 10:00 a.m. pst on the California Channel and will also be broadcast on their website at :

www.calchannel.com

If I find an embeddable broadcast, I will be sure to attach it to this post at the day progresses. Stay Tuned! 

The Case Of The Lesbian Juror

Oh court drama's...I love to hate them. I never was one to have patience for Matlock or Law and Order type T.V. shows. It's doubly frustrating then, to have to wait on the courts to decide on our civil rights. It is an exercise in patience to watch them debate the merits of our lives in terms of ice cold facts and legal precedence...and then put off a decision till next year because they can't answer a procedural question. Yet, as the race for the Republican nomination is illustrating, there is no quarter given us from elected officials...our fates, it seems, depend on the courts.

Currently, there are several legal challenges to DOMA painstakingly climbing the legal ladder to the Supreme Court. If any of them make it that far, we will then be at the mercy of the residing justices. A great deal of speculation has been made concerning their individual opinions based off their personal views and the niggling detail of whether gays are considered a "suspect class". That simple designation would elevate issues like DOMA or an inclusive ENDA from the realm of partisan political whims to legally acknowledged civil rights necessities  So far...efforts to add sexual and gender identity to the other protected classes of gender, race, and religion have failed.

And then came "The case of the lesbian juror"....An odd name to be sure and the case itself seems to leave more questions than answers. however, if the story is worth it's salt, it could have extremely far reaching implications on our designation as a "suspect class" and lend tremendous gravitas to our strivings for full legal equality. Who is this mystery juror and how could her story impact the greater struggle for gay rights?...Read on to find out...

California Ninth Circuit Denies Request To Lift Stay On Same-Sex Marriage

As we all know, same-sex marriage is on hold in California until the case can be heard by the Ninth circuit and before we do that, we have to determine if there is anyone who can legally act to defend the law....the process will likely take us to the end of this year and probably far beyond. In the mean-time the legal duo of Ted Olsen and David Boies had submitted a request to lift the stay on performing further same-sex marriages, citing that permitting that allowing the stay to remain would do harm to gay couples...it does. Ted Olsen also commented that asking California's gay and lesbian couples to "wait it out" while the California Supreme Court addresses the question of standing in "unreasonable and unjust".

So what did the Ninth Circuit have to say today to such a reasoned and impassioned plea?.......In a move that surprised no one they elected to allow the stay to remain in place. The court justified its decision by claiming that the circumstances surrounding the case have not substantially changed enough to warrant lifting the stay. In other words..."We don't want to deal with the political fall out and general ruckus lifting the stay would create."

This may not have been the outcome that we were hoping for However, it also does not have any bearing on the final outcome of the case. It's just another sign along the way that the wait will be a long one. However, I don't think any of us expected it to be anything less.

Until next time dear readers....

Perry vs. Schwarzenegger..Ninth Circuit Appeal...Day one

Today is the day...In just a few short minutes C-SPAN will begin live coverage of the Ninth circuit appeal of Perry v. Schwarzenegger, challenging the constitution of California's Prop 8 state constiturional amendment banning same-sex marriage.

I haven't found any embeddable live feeds yet but C-SPAN does offer livestreaming on their website found..here.

The Courage Campaign is also running a live thread and chat on their Trial Tracker that can be found at prop8trialtracker.com.

Good luck everyone.

*(update)* livestream via goodasyou.org...much thanks to them for the feed.

Working The Steps

Not the twelve steps mind you but the steps of the Judicial system. That appears to be the only way we are likely to see progress on gay rights for the next two years. While we currently have two court challenges to DOMA already in process...Gill v. The Office of Personel Management and Massachussetts v. The United States Department of Health and Human Services. Also working the steps California's challenge to Prop 8(Perry v. Schwarzenegger)  now in the Ninth Circuit. And finally we have the Log Cabin Republican's challenge to DADT also making its way to the Ninth Circuit court of appeals. All of which are being opposed by President Obama's Department of Justice.

Yesterday two new challengers entered the fray...

DADT...Ding Dong The Witch Is Dead?

Well Dorothy. its true...In the Log Cabin Republican suit against Don't Ask Don't Tell, Federal Judge Virginia Phillips not only ruled that the policy was discriminatory and unconstitutional...she went and dropped the house on it by ordering the federal government to cease all investigations and discharges effective immediately. ....*shock*....*awe*....cue Glenda the good witch...

Wow...its like that moment in the Wizard of Oz when the witches legs curl up leaving behind empty stockings and a gently worn pair of ruby slippers. I stand here dumbfounded and waiting for munchkins to start dancing and singing while a little girl steals an old ladies shoes and flees the scene of an accident. But whats next?...and what of the announcement that the Department of Justice intends to defend DoMA?

An Excellent Prop 8 Analysis

Hello everyone,

Much has been said about Judge Walkers Prop 8 ruling. The Blogs are STILL full of posts from legal analysts, pundits, and talking heads giving their opinions about the rulling and making forcasts for the future of the case, but none has been as concise as this one from ProfMTH on Youtube. Although I don't see eye to eye with the Prof on everything he posts, I have to hand it to him on this set of videos...they are well put together and easy to understand. Watch them and you will feel like you have become a Perry v. Schwarzenegger expert....enjoy!

Wahoo!....Prop 8 Overturned!

Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8. California is able to issue marriage licenses to same-sex couples, as it has already issued 18,000 marriage licenses to same-sex couples and has not suffered any demonstrated harm as a result,see FF 64-66; moreover, California officials have chosen not to defend Proposition 8 in these proceedings.


Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8. The clerk is DIRECTED to enter judgment without bond in favor of plaintiffs and plaintiff-intervenors and against defendants and defendant-intervenors pursuant to FRCP 58.

IT IS SO ORDERED."

And so it is....with a well thought out and delivered judgement, Judge vaughn Walker has overturned Proposition 8 and affirmed that it violates both due process and the equal protection clause of the constitution[CNN]. In his ruling he pointed out that same-sex couples are not seeking new or "special" rights, but only equal opportunity...equal treatment under the law. He also made a point that domestic partnerships do not fulfill the obligation to allow same-sex couples the equal opportunity to marry. He also affirmed the equal value of same-sex couples to opposite sex couples in the raising of children and that denying same-sex couples marriage does not encourage or affirm opposite sex marriage in any way.

the text of Judge Walkers ruling points out, show without a shadow of a doubt, how well the legal team of Olsen and Bioes made their case as it reads like a synopsis of their arguments. More to the point, these arguments posess their own weight and deniability...it just took someone to go to bat for them.

As of now Judge Walker has issued a two day stay on his ruling in order for opposing legal council to respond. After that point, if no appeal was pending, the changes to California's constitution banning same-sex marriage would be nullified, leaving the Supreme Courts ruling upholding of same-sex marriage in effect. Marriages could resume. However,...it is fully expected that the opposition will appeal and the case will advance to the 9th district court of appeals. If we won in that court it would apply to all states under its jurisdiction...and so the momentum would continue, snowballing on its way to the U.S. Supreme Court.

the opposition is already going into full martyr mode. Pick your anti-gay group and their websight will be dripping with bile and loaded with accusations of judicial bias...like NOM for example:

"Never in the history of America has a federal judge ruled that there is a federal constitutional right to same sex marriage. The reason for this is simple – there isn’t!” added Brown.


“The ‘trial’ in San Francisco in the Perry v. Schwarzenegger case is a unique, and disturbing, episode in American jurisprudence. Here we have an openly gay (according to the San Francisco Chronicle) federal judge substituting his views for those of the American people and of our Founding Fathers who I promise you would be shocked by courts that imagine they have the right to put gay marriage in our Constitution. We call on the Supreme Court and Congress to protect the people’s right to vote for marriage,” stated Maggie Gallagher, Chairman of the Board of NOM.

Putting trial in quotes doesn't make it any less legal Maggie...nor was Judge Walker open about his sexuality until you made an issue of it during the opening of the trial...and as for the founding fathers...none of them could have foreseen where the future was going to take this country and I'm quite sure they knew that too...which is why they built failsafe protections into the constitution..because they knew that events may occur that they could not foresee and that the people would need protections....today their forsight is vindicated....even if only till the next round.

But tonight we party! Get out and celebrate in whatever way you can. Raise a glass and toast to equality...toast to love...then get ready to get out there and fight again because we are nowhere near done with this thing. Congratulations everyone!

Read Judge Walkers full ruling and a listing of celebration rallies below the fold:

Update: Clay Greene Vs. Sonoma County

Back in April, we reported on the story of Clay Greene Vs. Sonoma County as an example of why marriage equality is an important goal for the gay community. For those of you who don't recall, Clay Greene and Harold Scull were two elderly gay men who lived together for many years, without marriage or domestic partnership, here in Sonoma County California....yet they had drawn up powers of Attorney and all neccesaary documents naming each other as benificiaries of each others estate, clearly defining their relationship to each other. Yet, when an incident occured in which Harold Scull fell from his front steps, requiring 911 to be called....all that documentation came to naught as the county ignored their relationship to each other. Clay Greene maintains that it was accident....that Harold lost his footing. The county however, claims that it was domestic abuse,siting an april 12th police report, and immediately removed both men from their shared home and involuntarily placed them into separate nursing homes....claiming that it was to protect Harold from Clay. The county then proceeded to assume control of Harolds finances, sold their home, and auctioned off their shared belongings. Harold eventually died a few months later apart from his longtime partner Clay Greene. Clay and Harolds cause was eventually picked up by attorney Anne Dennis and the National Center for Lesbian Rights, who now advocates for Clay Greene. They sued the county on the basis that the counties actions were based off homophobia and that a similar scenario would not have occured had the individuals involved been a heterosexual couple. It was a hard road for Clay Greene that has finally come to completion....

Which Way Will The Chips Fall?...

If you haven't been keeping up with the rather momentous news that, Yesterday, a Massachusetts District Court Judge Ruled that DOMA(the defense of marriage act) violates the U.S. constitution. On the one hand I want to offer a hearty WAHOOO!...on the other, I am saying, "well duh...haven't we been telling you this all along?".

The decision was handed down by Judge Joseph Tauro of the the U.S. District Court of the District of Massachusetts, for the cases of Gill v. Office of Personnel Management and Commonwealth of Massachusetts v. Department of Health and Human Services. In his rulling, Judge Tauro explains his decision:

“indeed, Congress undertook this classification for the one purpose that lies entirely outside of legislative bounds, to disadvantage a group of which it disapproves. And such a classification, the Constitution clearly will not permit.”

This is a fabulous outcome by itself and one to celebrate. However, I was looking at this as only one step of a much larger journey up the federal court system....much like California's Perry v. Schwarzeneger will likely be. However, the story takes an ironic twist...and this is where our fierce advocate will have to show his true colors...

Prop 8 and The Infinite Wait

Yesterday saw the closing arguments in the first of what may be several rounds of Federal Trials regarding the constitutionality of Proposition 8 here in California. As one who has been living it here since the first marriages were issues to the final vote...it feels like something that will never end. It struck our lives and changed them forever. First came the shock and joy that we could marry...then the utter heartbreak that, as it had been given...so was it taken away. Prop 8 launched my family into Youtube and by extension, into blogging. We protested, phonebanked, engaged our family members, and did all we could to help raise awareness about what initiatives like prop 8 represent...not only to the gay community but to everyone. After all, if they can do it to us, what stops them from doing it to others? In short, our lives have come to revolve around Prop 8 in one way or another. But we have done all we can physically do and again it is in someone elses hands. All we can do is wait and ponder the path we have walked to get to this point...and the minds of those who hold our fate in their hands.

Bill Moyers Hosts David Boies and Ted Olson

In a recent edition of Bill  Moyers Journal, Moyers sat down with David Boies and Ted Olson attorneys representing two gay couples in the federal lawsuit against the constitutionality of Prop 8. Since no cameras have been allowed in the courtroom for the trial and in all likelyhood will continue to be banned for the closing arguments, its nice to see Olson and Boies and to hear their opinions on the status of the trail in person. Both attorneys seem very positive about succeeding, even at the Federal Supreme Court, an attitude that I find astounding as well as encouraging. So far there case has been very sharp so I have no doubt that they know their stuff.

PBS does not allow their player to be embedded in other sites so I had to find a little taste  of the interview to share with you. Below you will find a Youtube synopsis of the interview but to see it in its entirety visit PBS . The full interview is well worth the watch so I hope you will go to the PBS site and check it out.

JoJo Did It!

It's a sad fact of life that discrimination in the workplace still exists in this world in very flagrant ways. It's still happens to women. It still happens because of skin color. And.. as our friend Joseph experienced....on the basis of sexuality. I think alot of us may wonder what we would do if we were put in a situation where our bosses are openly hostile to us. When you need to work...especially is this economy...the thought of having to battle your employer is a tragedy by itself. It's also an endictment on how far was have actually come in the struggle for basic protections for gays and lesbian,s who in many states don't have laws to shield them from discrimination on the basis of sexuality.

Prop 8 Trial Reenactment...Day 1 Chapter 2

Federal Prop 8 Trial Reenactment..Day 1 Chapter 1

Well here it is...much later than I expected, but better late than never. I will post more as they become available.

Perry vs. Governator day 12...The Reckoning!

Well Almost....While this is the last day of testimony, it is not, technically, the last day of the trial. After court lets out today there will well be a recess until March...thats right...March. As if waiting for the California State Supreme Court decision wasn't bad enough, now we have to wait again for closing arguments and Judge Walker's decision.

We at Gay Family Values would like to take the time to thank the people who Livebloged and tweeted their fingers off to bring us this information. Without you we would all be in the dark and I look forward to the day when full transcripts of the trial are released. We would also like to thank the legal team of Olsen and Boies for putting together such a solid case and for putting the spot light on a subject that is long overdue to be faced. We would like to thank all the Plaintiff's witnesses who were so unflappable on the stand. Finally...last but not least we would like to thank two very special witnesses, who we think made the case for  the discrimination that gays and lesbians go through better, than if the entire Gay Mens Chorus sang it in Union Square...

Thanks alot everyone...we couln't have done it without you!

Dr. William Tam!

Dr. Tam tried his best to get out of being associated with Prop 8. and attempted to have himself removed as an intervenor on the basis that he would undergo harrasment because of his stance on Prop 8. Judge Walker denied his request...much to the chagrin of Prop. 8 defense attorneys who knew they now had to own him. While taking the stand Dr. Tam had to take responsibility for Prop. 8 documents in which he claimed that, after legalizing marriage, gays and lesbians will attempt to legalize having sex with children and prostitution....among a whole host of other batshittery.

Thank you Dr. Tam for demonstrating that the majority of arguments that are used against same-sex marriage are based in tragically destructive stereotypes...kinda like people used to believe about asians....and religious bias.

David Blankenhorn!

Founder and president of the Institute for American Values. Blankenhorn, who was brought in as a marriage expert....actually has no background in same-sex marriages at all. His degrees aren't even related to psychology or sociology and his only qualifications was having read a couple of studies by other doctors. His arguments were soley based on his own opinions and biases with absolutely zero facts to back them up.

Under David Boies examination all of Blankenhorns arguments blew away like dust in the wind and at several points he even irritated the judge by his resistance to answering the questions. Blankenhorn eventually ended up admitting that we would be "more American" if we allowed same-sex marriage. The end result being that a combative witness for the defense, under examination, ended up making the case for us that marriage equality is a GOOD thing....thanks David!

The Usual Suspects:

Good As You Twitter Feed

Pam's House Blend Twitter Feed

The Advocates Twitter Feed

Courage Campaigns Liveblog ( The Trial Tracker )

Firedog Lake's Liveblog

Perry vs. Governator...Attack of the Cloned Campaigns

Today Prop 8 gets to call the tune and the witnesses but since we haven't heard what their game plan is we will just have to tune in and see. I for one will be donning my tinfoil hat for this event as I'm sure theit attempt to twist logic into their favor has a good chance of ripping a hole in space and time. Good luck to us all...

The usual suspects:

Good As You Twitter Feed

Pam's House Blend Twitter Feed

The Advocates Twitter Feed

Courage Campaign Liveblog (The Trial Tracker)

Firedog Lake's Liveblog

Perry vs. Governator Day 9......Plaintiffs Wrap Up

Day nine of thr trial and it has been raining great buckets here for almost as many days. While yesterday saw Tam's testimony in spite of heavy resistance by defendants. Today will see the last of the Plaintiffs witnesses take the stand. Up today is Gregory M. Herek Ph.D. A professor of Psychology at the University of California Davis. His testimony will cover the nature of sexuality and the effects of stereotypes and stigmas against gays and lesbians....should be good...if not too surprising stuff.

The Usual Suspects:

Good As You Twitter Feed

Pam's House Blend Twitter Feed

The Advocates Twitter Feed

Courage Campaign Liveblog (The Trial Tracker)

Firedog Lake Liveblog