CA Fed Court rules DADT Unconstitutional: BREAKING NEWS

Breaking news from CNN, another win for the good side:

A federal court in Riverside, California, ruled Thursday that the
military's "don't ask, don't tell" policy - which bars lesbians and gay men
from serving openly in the military – is unconstitutional.

Virginia A. Phillips, U.S. district judge in Southern California, has ruled
that the policy violates the Fifth and First amendments, and issued a permanent injunction barring its enforcement.

I'm not sure yet how far reaching the jurisdiction of this decision is. Lawyer friends of The Fruit or Constitutional Law experts, please weigh in.

It also just happens that demonstrations were being held in SF (i.e., the complete blocking of the Market/Castro intersection) and Pennsylvania to protest Pelosi and Congress' inaction on repealing Don't Ask, Don't Tell.

Same-sex marriage "stay" lifted, not in effect until Aug 18

[Update, 2:00pm, August 12: Early reports claiming the stay was lifted are factually correct, but later news corrected details...it does not go into effect until August 18]

What a roller coaster!

Judge Vaughn Walker has issued his ruling on the temporary stay regarding the resumption of same-sex marriages in California and they are ordered to resume as early as August 18th. He lifted the stay, but gave proponents of Proposition 8 six days to file an appeal.

As I mentioned in an earlier post today, Napa County is ready to issue same gender marriage licenses as soon as the stay is fully lifted.

Next in this political saga and march towards Civil Rights/Equality is our wait to see if the appeal by Proposition 8 supportors will be heard--and if "Yes on 8" (listed as Prop 8 proponents in the official documents) even have a right to file an appeal. Marriages might only be legal in the short window of time between Walker's lifting of his own stay and the Ninth Circuit Court issuing their own.

For reactions to today's ruling from LGBTQ rights groups and others, check out this post by Joe.My.God.

More from SFGate:

(08-12) 19:11 PDT SAN FRANCISCO -- Gay and lesbian couples in California can begin marrying next week, a federal judge ruled Thursday - that is, unless the Ninth U.S. Circuit Court of Appeals steps in to stop them.

Chief U.S. District Judge Vaughn Walker last week invalidated Proposition 8, the state's ban on same-sex marriage, saying it was discriminatory and unconstitutional, but put enforcement of that ruling on hold with a stay. Then on Thursday Walker lifted that stay but simultaneously ruled that his order not take effect until 5 p.m. Wednesday.

That gave proponents of Prop. 8 time to ask a three-judge panel of the Ninth Circuit court for another stay preventing same-sex marriages while that court - and perhaps the U.S. Supreme Court - reviews Walker's invalidation of the ban.

And by the end of Thursday, the ban's supporters had done just that. In a 95-page motion, they said a stay would "avoid the confusion and irreparable injury that would flow from the creation of a class of purported same-sex marriages." The Ninth Circuit court has not indicated when it might weigh in on the stay request...

...Moreover, Walker noted, the state did not defend Prop. 8. Instead, private organizations stepped in - but they might not have standing to appeal.

"It appears at least doubtful," Walker wrote, "that proponents will be able to proceed with their appeal without a state defendant ... In light of those concerns, proponents may have little choice but to attempt to convince either the governor or the attorney general to file an appeal."

That likelihood is less than slim: Opponents of Prop. 8 were joined in their request that the stay be lifted by Gov. Arnold Schwarzenegger and Attorney General Jerry Brown.

Napa County ready to resume same gender marriages immediately

Judge Walker announced that he will publish his decision on the temporary stay (the "pause" on same-sex marriages) Thursday, August 12 at noon. Joe.My.God. has published this link to find the ruling when it is issued. (SFGate has shared this link to watch live video outside of San Francisco City Hall.)

I sent an inquiry to our local County Recorder-Clerk, John Tuteur as to how quickly Napa is ready to resume same-sex marriages, and this was his (very supportive!) reply:

"Our staff is ready to issue marriage licenses to same gender couples immediately if the stay is lifted by Judge Walker. We are also prepared to perform ceremonies for same gender couples. We have had gender neutral forms since May 17, 2008.

Please let me know if I can be of further assistance, JOHN TUTEUR, NAPA COUNTY ASSESSOR-RECORDER-COUNTY CLERK"

Photos of Prop 8 overturn rally, Aug 4, 2010

Photo by J. Cortez

What a celebration! Were you at the Veteran's Park rally in Napa (or in your hometown) on August 4, 2010 after Judge Walker's scathing overturn of Proposition 8? Send your pics to contribute to our album:

Can't view flash? Click through to visit the album here.

Photos by:

• Jessica Cortez
• Renee Fannin
• J.L. Sousa/Napa Valley Register

Additionally, the Napa Register has a nice write up from the Associated Press, and a photo-shoot and video of the local reaction.

Prop 8 overturn trial decision announcement Wednesday, Aug 4

[Update, 2:30p: Judge Vaughn Walker rules that Prop 8 is unconstitutional:

"Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion tha...t opposite-sex couples are superior to same-sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional."]

Napa has 2 events planned:

• A post-decision rally will be held at Veteran's Park, 6-8p to celebrate or pick up the torches
• A post-rally Guerilla Gay Bar mission is planned from 8-10p at Downtown Joe's

It has been months that we have been waiting. June 16, 2010, closing arguments began and Judge Walker's decision will be published tomorrow, Wednesday, August 4, 2010 between 1p and 3p.

Many in the pro-equality, pro-same-sex marriage side (the "Perry" in the Perry v Schwarzenegger) believe that the ruling will be in favor of same-sex marriage, but--as Joe.My.God. points out--it will likely be immediately appeale

d.

I know I'll be paying attention to the next steps in civil rights history...

The federal court announced today that it will release its decision in the American Foundation for Equal Right’s landmark case, Perry v. Schwarzenegger, on Wednesday.

Text “EQUAL” to 69866 to get a text message with the official decision on your mobile phone the moment the court releases its decision, or sign-up for an email alert at equalrightsfoundation.org. Join AFER on its Web site to watch a live press conference with our plaintiffs and co-counsels Ted Olson and David Boies following the release of the decision. As we receive news about the details of the release, AFER will update our Facebook and Twitter profiles, along with our Web site. [American Foundation for Equal Rights]

A short recap of the timeline:

• In 2000, CA bans (already unallowed since 1994) gay marriage
  
• SF begins issuing same-sex marriage licenses in 2004 to 4,000 couples
  
• The state forces SF to stop
• The state is sued for the law that bans gay marriage as being unequal and against the equality part of our constitution and loses
• May 2008, Same sex marriage is legal in CA for several months
• November 2008, A state election is held to change our constitution to allow inequality in marriage (and ban same-sex marriages) and the Proposition 8 passes, re-banning gay marriage
• In early 2010, the state is sued to overturn Prop 8 in Federal Court
• Judge Walker issues his ruling in early August 2010 that Prop 8 is unconstitutional
  

For those that want to read the full published ruling, you can access it on the court's website tomorrow afternoon.

DOMA ruled unconstitutional 2x, what does it mean?

DOMA, the so-called Defense of [straight] Marriage Act, passed in 1996 and signed by Bill Clinton, is responsible for defining marriage--at the Federal level--as between only one man and one woman. Yesterday, after two separate trials involving couples in Massachussets, a Federal District Judge ruled--two separate times--that DOMA is unconstitutional.

This does not immediately mean that DOMA was overturned across the United States, however, and it is just binding over the Federal Government's interaction with couples in Massachusetts right now. Also, it can be stayed, appealed and ultimately needs to be decided by the Supreme Court for the ruling to be held across all of the United States.

So, what does it mean?

Rachel Maddow had a solid explanation on her show yesterday, the video clip is embedded on the blog here (click through if you can't see it):


Gay365 News has a great write-up of an interpretation of Judge Tauro's decisions, too. Go here.

If you're a Consitutional Law junkie, or just a detail nerd, here is the actual full text of ruling one and ruling two.

And for official reactions from various equality and LGBT legal groups, check here.

What are your thoughts on this ruling?

Thanks to Joe.My.God. for the updates and links.

Unity League contingent in Napa's 4th of July parade: vid, pics, write-up

Above is the embedded video (click through to the blog if you can't see it) and here is Chris Edwards' write-up about the Unity League contingent in the City of Napa's 2nd Annual 4th of July parade (use the comments section to add your own thoughts):

Great job by TJ Danser in leading this year’s parade contingent in the Napa Sunrise Rotary’s 4th of July Parade!

The parade was led by Fish and gang carrying the Unity League Banner. DJ Rotten Robbie and his partner Eric walked the streets hand in hand alongside Deb and Carol’s Smart Car. They inspired the crowds concerning unity and equality for all.

Michele, Josie, Scott, Wally the dog and I rode in the convertible escorted by David, TJ, our friend on the bike whose name has slipped my mind as well as Lola and Mickey. The highlight was Terri Curd with rainbow feathers accompanied by a huge smile waving from the fully decked-out Cristal Blue Carriage limo supplied by Chris & Bill. With Terri’s daughter and friends in tow, the crowds were inspired with a good cheer and diversity. We had a few new faces and others helping out as well, whose names have now slipped me after a glass of wine.

During the live broadcast of the parade on 99.3 THE VINE, “Kellie in the Morning” suggested we had the most festive and colorful contingent to a huge cheer from the crowd watching.

Thanks to all, especially TJ, for reminding us of the fun and that we need to participate as we are diverse colors, faces and ideas making up the fabric of our Napa Community.

Thanks all until year!
Chris Edwards

P.S. – Don’t forget about the special Napa Valley Unity League Mixer & Meeting on Monday, July 5th! We’ll be meeting outdoors on the patio by the pool at Riverpointe Napa Valley starting at 6:00 p.m.

Prop 8 overturn trial closing arguments begin Weds, June 16, 2010

It's been a while (late January?) since we've had much of any official mumblings about it, but Wednesday, June 16, the overturn-Prop 8 trial, Perry v Schwarzenegger, will resume in court, and I would've completely forgot if Joe.My.God. hadn't reminded:

Last week [Judge] Walker may have tipped his hand when he issued a list of 39 questions he wanted answered by both sides. “If the questions are any indication, the Walker opinion will be a blockbuster, at least in terms of its scope, depth and detail..."

...Visit Karen Ocamb's excellent LGBT POV for a dissection of what we can expect tomorrow. Closing arguments will not be televised, but reporters and advocates from both sides will be live-blogging and tweeting throughout the proceedings.

Some analysts have predicted that his final decision probably won't be made in time to celebrate at this June's Pride festivities. Joe Jervis will be featuring any breaking news about Prop 8 and the trial during the proceedings tomorrow.

Don't Ask, Don't Tell committee vote this morning

The Armed Services Senate Committee will be voting this morning on including a repeal (or more likely, the compromise--here's a good summary) of Don't Ask Don't Tell as part of this year's Defense Authorization Bill.

Of course, conservative groups are going nuts and spreading lies in a last-minute attempt to stop our military from supporting equality and healthy openness.

Senator John McCain, AZ, has both vowed to filibuster to prevent the DADT repeal from getting voted on as well as demanding a televised vote. I can't find the video stream yet to embed, but will as soon as I find it. The vote is expected at 9a Pacific Time (Noon Eastern).

Of course, many consider this a political stunt/ploy by McCain to get more TeaBaggers in Arizona to love/vote for him this November as he gives a big, dramatic speech (now on TV) about why a DADT will mean the end of humanity, our military, etc. and why John McCain will save the world if you vote for him--err...don't include DADT in the bill.

More news later.

Yesterday's announcement: April Fool's!

In case you didn't quite get it, yesterday's announcement, thankfully, was just an April Fool's. I liked last year's better, but I still got more than a few of you. Sorry if I freaked you out.

BREAKING: Napa appoints straight white man for diversity commissioner

[Update: since this announcement we've recieved more information about who Gregory Walchoff is.]

The City and County of Napa are getting together in a partnership to address concerns from within/outside the County about Napa's view on tolerance and diversity. In what seems is a -doh- move in the formation of a diversity council, they have chosen a straight, white, older male to lead the effort. Gregory Walchoff will be starting his position April 30.

I can't find much information, but I'll share more, soon.

Ricky Martin comes out

There were many who have been saying this has been overdue for a long time. Ricky Martin himself claims that today is when it was meant to happen:

"Enough is enough. This has to change. This was not supposed to happen 5 or 10 years ago, it is supposed to happen now. Today is my day, this is my time, and this is my moment. These years in silence and reflection made me stronger and reminded me that acceptance has to come from within and that this kind of truth gives me the power to conquer emotions I didn't even know existed. What will happen from now on? It doesn't matter. I can only focus on what's happening to me in this moment...

...Writing this is a solid step towards my inner peace and vital part of my evolution. I am proud to say that I am a fortunate homosexual man. I am very blessed to be who I am."

Whether or not you agree with his timing, he seems very thoughtful, well spoken and responsible about his sexuality and celebrity. I wish him congratulations on this step in his life's journey. Read Ricky Martin's full "coming out" post, here.

Like him? Love him? Dislike him? Thoughts on his coming out and years of speculation? Favorite photos? (wink) Use the comments.

Prop 8 overturn trial continues, week 2

Joe.My.God provides a good overview of what's happening in the courtroom today in the trial to overturn Prop 8 in federal court:

• Jerry Sanders, the current Republican Mayor and former Police Chief of the City of San Diego who is the father of a lesbian daughter. He will testify about his decision, as Mayor, to support the City of San Diego's participation in an amicus brief advocating against the exclusion of same-sex couples from marriage and why he concluded supporting marriage equality was and is in the best interest of the local government and community. City Attorney Dennis Herrera will conduct the direct examination of Mayor Sanders.
• M.V. Lee Badgett, Ph.D., a professor of economics at the University of Massachusetts, Amherst, who will testify about the private harms caused by Prop. 8 and the impact of same-sex marriage on the marriages of different-sex couples
• Ryan Kendall, a gay man who will testify about the "conversation therapy" he underwent in his youth and how he has been affected by discrimination

You can also follow the trial via the Courage Campaign's trial tracker.

Prop 8 overturn trial will not be televised (or YouTubed); use Courage Campaign's TrialTracker to follow case

The final ruling, to see if the Supreme Court would re-allow the video recording (and broadcast) of the Proposition 8 overturn trial, has come in and the United States Supreme Court has decided to not allow broadcasting or video recording of the proceedings, and thus would not force Prop 8 supporters to visibly explain their bigotry:

The high court's five conservatives formed the majority. They said federal judge Vaughan Walker didn't follow court rules when he ordered proceedings broadcast by closed circuit to federal courthouses in several cities. The Supreme Court's four liberals joined a dissent written by Justice Stephen Breyer. The main issue in the case is whether a 2008 voter initiative called Proposition 8 violates the U.S. Constitution by creating a law that discriminates on the basis of sexual orientation. Defenders of Proposition 8 say it validly defined marriage in traditional terms by restricting marriage to people who could have children naturally. The proposition's defenders said broadcasting the proceedings could expose witnesses favoring the gay-marriage ban to harassment and ridicule. The Supreme Court majority backed that view, saying Proposition 8 supporters would likely suffer "irreparable harm" if the proceedings were shown through the closed-circuit feed. [WSJ via Joe.My.God]

The CourageCampaign has been following the trial daily, including live blogging witnesses, testimony and other proceedings.

Prop 8 overturn trial tracker; "Perry v Schwarzenegger" day 2

Via Joe.My.God, "Sean Chapin sends us his montage of the beginning of the day outside the federal courthouse in San Francisco yesterday."

Today, Tuesday, January 12, is day 2 of what is expected to be an 8 day trial to overturn Proposition 8. It is almost surely going to be appealed to the Supreme Court however this trial turns out.

Including live blogging of courtroom testimony, comments, questions, turns of events and other news relating to the trial, the Courage Campaign has set up a "Prop 8 Trial Tracker" so we can follow the case.

Tomorrow, Wednesday, the United States Supreme Court issues its ruling on whether or not cameras will again be allowed (after they temporarily re-banned cameras on Monday morning). Click here for Rachel Maddow's quick coverage of the camera situation.

Prop 8 overturn trial begins this morn, Jan 11; "Cams not allowed", Sup Court says temporarily

As I mentioned the other day, the trial to overturn Proposition 8--also known as "Perry v Schwarzenegger" and the "Olson/Boies trial"--begins this morning in Federal Court in San Francisco. What happens in Federal Court, and most likely next in the Supreme Court can make or break same-sex marriage nationally for years to come. They expect this to last about 8 days. Here's some helpful info about this high-profile trial:

• The United States Supreme Court has issued a temporary injunction (at least until Wednesday) to stop cameras in the courtroom, overturning last week's decision by the trial's judge to allow cameras and YouTube broadcast
  
  
• Recap of what this trial is about, how we got here from the New Yorker
  
  
• In Newsweek, one of the trial's lawyers, a conservative in favor of same-sex marriage talks about why we should all be for marriage equality
  
  
• Before this morning's injunction was issued against cameras in the courtroom, west-coast federal courthouses were going to have set up remote live viewing stations
  

Mexico City legalizes same-sex marriage and adoptions

Add this to your reasons to celebrate reason spreading around the world (got word of this when I was out caroling last night; joyful news indeed!):

Mexico City, one of Latin America's largest metropolises, on Monday legalized same-sex marriage and adoption by same-sex couples.

By a vote of 39 to 20, the city's legislative assembly approved revisions to the civil code to permit same-sex marriages. Five legislators abstained. [CNN]

Mexico is the second major latin-american city, after Buenos Aires, to legalize same-sex marriage.

Same-sex marriage legalized in Washington, D.C.: BREAKING NEWS

After the New York Senate voted two weeks ago against same-sex marriage in that state, it's nice to have some good gay-marriage news:

This morning, the Washington, D.C. City Council voted in favor of same-sex marriage, legalizing it in the District:

Mayor Adrian Fenty has promised to sign the bill, which passed 11-2, and gay couples could begin marrying as early as March. Congress, which has final say over Washington[, D.C.]'s laws, could reject it, but Democratic leaders have suggested they are reluctant to do so. [MSNBC]

Congratulations to our Nation's capital and to our community on this victory!

Gay woman elected Houston's mayor, Nation's 4th largest city

[Update, Dec 13: I've embedded Parker's acceptance speech on the blog site.]

The Nation's 4th largest city, Houston, became the largest city to have openly gay mayor after City Controller Annise Parker won 53% of the vote.

"This election has changed the world for the gay, lesbian, bisexual and transgendered community. Just as it is about transforming the lives of all Houstonians for the better, and that's what my administration will be about," [said Parker]...

Parker's sexual orientation became the focus of the race in recent weeks after anti-gay activists and conservative religious groups endorsed the 61-year-old Locke and sent out mailers condemning Parker's "homosexual behavior."

Meanwhile, gay and lesbian political organizations nationwide rallied to support the 53-year-old Parker by raising money for her campaign and making calls urging people to vote...

Several smaller U.S. cities have openly gay mayors, including Portland, Ore., Providence, R.I., and Cambridge, Mass. [MSNBC]

Queer news update, Dec 12, 2009

Tis' the season, here's another news update from the LGBTQ parts of the internets:

• I apologize for being so late in posting this: dozens turned out to protest in Vallejo in early December after their Mayor (Osby Davis) proclaimed our neighbor a "city of God" and that gay people don't go to heaven.
  
  
• If this doesn't make the straights holly-jolly, what will? In a retail survey, LGBTs are expecting to increase their holiday spending than other groups.
  
  
• The White House finally has released a public statement condemning a draft anti-gay bill in Uganda that at one point included life sentences and the death penalty for homosexuality. Strangely, (anti-gay) Pastor Rick Warren has released a statement condemning the same.
  
  
• The Family Equality Council (among other pro-LGBT family groups, including PFLAG) are encouraging your queer family to send the Obama's holiday greetings from your family...and by sending them all together in a really big Christmas package to make a point.
  
  
• The Economist has put together an updated chart/map of where same-sex couples are living in the United States. "The District of Columbia is home to most gay households with over 14 for every 1,000."
  
  
• The University of Montreal had to abandon their study on men who don't ever watch porn: they couldn't find any.
  
  
• When New York State legislators voted on same-sex marriage in early December it failed to pass. However, some left us with these very moving speeches on marriage equality.
  
  
• If Congress begins hearing testimony on Don't Ask, Don't Tell, Rep. Alcee Hastings thinks gay soldiers should have immunity to come out and testify.