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.

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.

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.

Sunday's health care reform vote: info, details, play-by-play; It's gonna be a close one!

[Update, 7:55p, Sun, Mar 21: Health Care Reform passed in a vote of 219-212 with (of course) not a single Republican to thank.]

Well, Sunday's (March 21) the day. It's happening NOW. The watered-down, better-than-nothing health care reform is going up for a vote. 216 is the magic number. What does this all mean? Well that's way out of the full scope of this blog, but I did want to offer some helpful info for those that are following or want to follow what's going on.

• First up, here's a brief timeline of what to expect in the health care vote throughout today from MSNBC.
  
  
• Looking for the actual play-by-play? Here's some liveblogging of the House vote to follow from the New York Times.
  
  
• What's the House voting on? (and 4 other useful questions/answers from the Washington Post)
  
  
• How are folks expected to vote? What about your rep? NYT provides a clear chart.
  
  
• Apparently in the latest round of health care reform bills (it's not just one proposal, but a whole package), our politicians seemed to have left out the gay. Some say all is not lost and this is just the base package that can be added to later.
  
  
• Here's more info from Queerty about Congress leaving out special health reform for the LGBT community.
  
  
• ...and, what's all this health care reform mean to you? The Washington Post breaks it down.
  

Please, share other useful links, explanations, commentary and infographics in the comments.

Better late than never, here's live video of the final vote, underway, embedded on the site:

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

Poll: Napa & North Bay candidates & LGBT issues?

photo by Truthout.org

[Update, Mar 24: Included races for AmCan City Council and Mayor, Board of Supervisors District 5]

With June elections coming up, I thought this blog would be a great place to get the candidates to respond to questions that I'm pretty sure local media won't be covering. You know, issues related to diversity, tolerance, safety, equality and health for the LGBT community. Sure, the ag-preserve is important to Napa, but the candidates are already talking about that!

So, I'll need your help.

The June 8 elections are for the following posts serving the Napa and North Bay Area:

• American Canyon Mayor
  Leon Garcia, Joan Bennett
  
  
• American Canyon City Council
  Mark Joseph, Cindy Coffee, Belia-Eugenia Bennett
  
  
• Napa County Board of Supervisors: District 1 (West Napa)
  Dan Monez, Brad Wagenknecht
  
  
• Napa County Board of Supervisors: District 3 (Upvalley)
  Michael Haley, Diane Dillon, Jeff Parady
  
  
• Napa County Board of Supervisors: District 5 (South County)
  Keith Caldwell, Cindy Coffee, Morris Curry, Jr., Rich Jager, Gary Simpson
  
  
• California State Senate: District 2 (Napa, Lake, Sonoma Coast)
  Noreen Evans (D, Santa Rosa), David Rosas (D, Santa Rosa), Joanne Sanders (D, Sonoma), Tom Lynch (D, Guerneville), Lawrene Wiesner (R, Sonoma)
  
  
• California State Assembly: District 7 (Napa, mid-Sonoma, nw-Solano)
  Michael Allen (D, Santa Rosa), Lee Pierce (D, Santa Rosa), Michael Wilson (D, Vallejo), Doris Gentry (R, Napa), Kathryn Moore (L, Santa Rosa)
  

I'll be contacting all the candidates and sharing their responses, so...what would you like to hear from the candidates about LGBT issues? Did I miss any political races/candidates that I should include?

Please let me know, use the comments and the poll, below:

Let the census know you're queer

I got my census form in the mail today and was surprised at its simplicity. This is the first one I've ever had to fill out. I've been reading around the net about it lately and seeing all kinds of announcements about making sure everyone (especially minority groups) are counted--and reassuring folks its safe to "come out" on the Census.

Of course that got me thinking about Coming Out on the Census.

While much has changed in how the government views the gays, there is still know question of LGB or T on the Census. However, you *can* identify as a same-sex couple (married or partnered) and those numbers will be released for the first time ever. Lots of different places use the Census data to reapportion congressional seats, prove and disprove all kids of theories, and of course to know how many of us are really out there.

Go to Our Families Count for information on how to fill out the Census form as a same-sex couple.

For information on pushing to include more LGBT info in future censuses (and even seal your envelope this year w/ a gay, pink sticker that lets them know this year, even though they're not counting) visit Queer the Census.

Are you going gay and married on your census this year? Big deal? Easy as pie? Share what you think.

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.

Judge okays televising Prop 8 trial (via YouTube); begins Mon, Jan 11

Wednesday, the judge overseeing the Prop 8 overturn trial, which begins Monday, January 11, signaled he would allow the filming and limited broadcast of the proceedings:

Chief Judge Vaughn Walker made it clear Wednesday that he will forge ahead with televising the federal challenge to Prop 8...But he also signaled he doesn't want to be the next Lance Ito.

The trial, which begins on Monday, will be filmed by court personnel, Walker ruled, but it will not be broadcast live. Instead, the recording will be posted on a YouTube page at some point after the close of the day's proceedings. Walker declined an offer from In Session (formerly Court TV) to broadcast live, with its own crew..."I think in view of the nature of this proceeding, it is important for this process to be completely under the court's control," he said.

Lawyers representing the Yes on 8 campaign objected to any broadcast beyond an overflow room in the San Francisco federal building, arguing that witnesses would be intimidated, or change their testimony. But Walker was skeptical, pointing out that depositions have been widely videotaped for years. [Law.com]

Many of us got an email blast in the last few days from the Courage Campaign asking us to tell the courts televise the upcoming trial to overturn Prop 8; I'm not sure how YouTube is television or if broadcast networks are allowed to stream the YouTube version, but at least it won't be closed proceedings:

U.S. District Court Judge Vaughn Walker -- who will be overseeing a federal court challenge to Prop 8 starting this Monday (January 11) -- is considering whether or not to open the court room to TV cameras.

The court just announced that it is seeking public comment on the proposal to televise the trial -- and that all comments must be submitted to the court by a Friday deadline.

The interest in this case is unprecedented. And not surprisingly, supporters of Prop 8 -- who eliminated the right of same-sex couples to marry -- do NOT want the trial to be televised.

Opponents of Prop 8 -- led by attorneys David Boies and Ted Olson -- are seeking to televise the case in the interests of full transparency. They want this historic trial to be watched by as many Americans as possible. And, of course, we agree.

A recent decision in the 9th Circuit of Federal Court recently opened up the possibility of cameras in non-criminal trials. The Prop 8 trial will be its first test-run if Judge Walker's decisions stays.

The Courage Campaign, in expectation of large resistance from the Yes on 8 side, is still asking for us to fill the petition in support of the broadcast if we have not already signed it. I have always been in favor of us telling our real stories in order to change hearts and minds. Perhaps this trial will include that in addition to all the regular court room drama.

I'll post links, clips, etc. as soon as I find them on Monday.

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]

Same-sex marriage repealed in Maine: BREAKING NEWS

With 95% of the vote in, Maine's Question 1 decision seems to have been made, for now. 52.9% voted Yes on 1 and 47.1% voted No. In devastatingly similar circumstances to Proposition 8 in California one year ago, the right of equality and marriage for same-sex couples will be repealed by a vote of the people--because, you know, we should vote on taking away other people's rights. My heart goes out to the queer community and especially to Mainers who fought hard to preserve equality.

A message from No on 1 campaign leader (and straight ally), Jesse Connolly:

"Tonight, hundreds of thousands of Maine voters stood for equality, but in the end, it wasn't enough. I am proud of the thousands of Mainers who knocked on doors, made phone calls and talked to their family, friends and neighbors about the basic premise of treating all Maine families equally. And I'm proud of this campaign because the stories we told and the images we shared were of real Mainers -- parents who stood up for their children, and couples who simply wanted to marry the person they love."

"We're in this for the long haul. For next week, and next month, and next year -- until all Maine families are treated equally. Because in the end, this has always been about love and family and that will always be something worth fighting for." from Joe.My.God. that via Rex Wockner.

The New York Times has a good summary of the campaign, the results and what it might mean. Other reactions include "wear black if yes passes" on facebook, and a horrible story about the celebration by the "yes on 1" camp.

Same-sex election results: Maine, Washington, others: BREAKING NEWS

Today was the big day, votes in at least two states on major same-sex issues. The results are not in yet, but with the East Coast three hours ahead, information is starting to come in. I'll keep you posted as I get the information:

Question 1 in Maine: would repeal same-sex marriage that is already legal there

• As of 10:40p CA time, Associated Press declares the same-sex marriage repeal the winner, with 53% of the vote. Others still say it's too close to count.
  
• As of 9:45p CA time, the ban on same-sex marriage is winning, 52.6% to 47.4% (with 84% precincts reporting and 25,374 votes giving the lead)
  
• 
• At 9p CA time, Chicago's Windy City Times calls Maine vote "Too close to call"
  
• As of 7:38p CA time, it is tied, with 15 more votes going towards taking away same-sex marriage
  
• As of 7:01p CA time, it is losing, 52% to 48% meaning same-sex marriage would stay legal
  [find up-to-the-minute results here]

Referendum 71 in Washington State: would protect the state's recently expanded domestic partnerships law that allows for all the same state rights and privileges as marriage but not the word marriage

• Correction: As of 9:45p CA time, the "everything but the word marriage" law is looking like it will stay in law, 51.13% to 48.87%
  
• As of 6:52p CA time, polls are still open until 8p, results will come then
  [find up-to-the-minute results here]
  

Ordinance 1856 in Kalamazoo: would add protections for gay and transgender people to the city's nondiscrimination ordinance

• As of 6:52p California time, 65% of voters have approved the ordinance and the Yes on 1856/One Kalamazoo campaign has declared a victory!
  [find details here]

[Thanks to Rick T for clarifying some detail issues w/ my Washington State bullets] Am I missing any important LGBT votes that you'd like to get updates on? Use the comments section!