VICTORY!...... DOMA and Prop 8 are Gone!

In a double ruling, the United States Supreme Court today struck down the Defense  of Marriage Act by a 5-4 margin....AND.... dealt the final blow to Prop 8. Both are now gone.

Our family has been fighting Prop 8 since the day it was announced in 2008. Nearly as soon as we could get married did the news come someone would fight it...as we knew they would. We all had to move so fast to get married before the window closed that My husband and I had to marry a week before when we would have, which would have been my birthday and the anniversary of our domestic partnership. That day would also have been the day Prop 8 passed at the ballot box. A day we will always remember as being a very sad one. And yet here we are nearly five years and many court battles later....still standing and still married. Prop 8 has been such a big part of our lives for the last five years that it's stamp can never be undone. It launched us into activism...onto YouTube and this blog...and brought so many amazing people and experiences into our lives that I am almost grateful for it even as I celebrate its passing.

And DOMA too. I almost don't even know what to say because a part of me always feared that the Supremes would find a way to wiggle out of striking it down. I really can't believe it's gone as well. This, more than anything is the reason for the picture I have put at the top of this blog. Just like the destruction of the Death Star, DOMA has always been a similar instrument of tyranny...and its demise no less dramatic and far reaching. I know that for my whole life, I have believed and accepted that no government would accept or sanction and gay relationship.....that was just the world I came out in. Hell...DOMA was signed into law at about the same time that I came out, further underscoring the collective statement that gay people would be forever unprotected by the laws that would always treat us like strangers to those we love and spend our lives with. We were on our own and that was just the way it was. How amazing to be writing this day celebrating the end, not only of DOMA and Prop 8, but that way of thinking.

Between the Deaths of Prop 8 and DOMA I feel like I am standing in a completely different world. In fact...I am. And just as the destruction of the Death Star in  Star Wars was seen as an impossible task...so to was this. There were cries of joy....and great exhales of relief. That's how I feel today.

I know that tommorow will  bring new battles and more insane comments by people who simply will not let gay people get on with our lives. We know we have more work to do.....But today is a day to celebrate.

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! 

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....

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.

The Wheel of The World Returns to Prop 8

Its hard to believe that its been more than a year since the final court decision was handed down on Proposition 8...and here we are facing it again. Not the long awaited revote(fate uncertain) but another court challenge to the original legislation.

Washington Judge Blocks Release of Referendum 71 Petition Signees

From coast to coast now the fight for marriage equality is on. One particular hotspot in the battle is washington where recent legislation was passed offering comprehensive domestic partner benefits...