November 17th, 2011
CA Supreme Court To Issue Ruling on Prop 8 Appeals Standing: San Francisco, CA. There is a slim chance (in my opinion, at least), that tomorrow might be the day when marriage equality effectively returns to California. To see how that might happen, let’s review: On August 4, 2010, Federal District Judge Walker Vaughn found Prop 8 unconstitutional because, as the lawyers arguing against Prop 8 put it, junk science, fear and prejudice were put in trial and lost. Conservatives tried to force Gov. Arnold Schwarzenegger and Attorney General Jerry Brown to file an appeal, but the California Supreme Court said they didn’t have to if they didn’t want to. Which they didn’t. That was kind of important because it wasn’t clear that anyone besides the governor and attorney general had standing for appeal. Since this involved California law, the Federal Appeals Court asked the California Supreme Court to perform one of the roles that state supreme courts are supposed to do and Federal courts are not qualified to do: interpret California law and tell the Feds whether the authors of Prop 8 had standing to defend Prop 8 on appeals.
While that was going on, Judge Walker decided to come out of the closet, which sent Prop 8 supporters in a tizzy. So Prop 8 supporters sued to overturn Walker’s ruling because gay judges can’t rule on gay issues, just like women judges can’t rule on women’s issues and black judges can’t rule on black issues. Oh, wait. It was a black judge they got to hear the case. Good thing that wasn’t really their argument, but the one they did try to use wasn’t any better. The new judge upheld Walker’s ruling, so now we’re back to waiting on the California Supreme Court to decide whether Prop 8 supports have standing to appeal.
And that wait ends tomorrow at 10:00 a.m. PST. If the California Supremes advise the Ninth Circuit Court of Appeals that Prop 8 supporters don’t have standing to appeal, then the Appeals Court is likely to accept that advice and rule the case over with Judge Walker’s ruling intact. If that happens, then it’s a crap shoot as to whether the U.S. Supreme Court would even accept an appeal of the Ninth Circuit Court’s ruling, although that remains a possibility. It’s also possible though that the Appeals Court may still want to hear more briefs and more arguments before they are prepared to rule on the issue of standing for Federal Court.
However, if the California Supremes say that Prop 8 supports do have standing to appeal, then we have another long schedule before the Ninth Circuit Court of Appeals for briefs, argument, and ruling on the appeal itself. And then, almost certainly, it goes to the U.S. Supreme Court.
If I were a betting man, I’d bet that the CA Supremes rule that Prop 8 supporters have standing. I doubt that for a question this important they’d be willing to effectively stop the process in its tracks right now on what many would see as a technicality. I really don’t see nondiscriminatory California marriage licenses showing up anytime in the near future. But hey, I’m not a lawyer. What’s your bet? Betting closes at 10:00 a.m. PST.
Transgender Day of Remembrance Several locations. While Sunday is officially the day set aside to remember those who have been murdered as a result of transphobia, some TDoR events are taking place today and through the weekend. TDoR began in reaction to the brutal murder of Rita Hester, who was killed on November 28, 1998. Her murder resulted in the creation of the Remembering Our Dead web site and a candlelight vigil in 1999. Observances typically consist of the reading of the names of those who have died because of their gender identity, expression, presentation or perception of gender variance. Observances are being held in cities all around the world. Click here to find an observance near you.
Transgender Day of Action: Washington, D.C. The nation’s capital has been the scene for several violent attacks against transgender and gender variant people, including LaShai McClean on July 20, and Gaurav Gopalan on September 10 (Golpan was a gay man dressed in drag when he was attacked). Beginning at 1:00 p.m. today, a broad coalition of organizations and concerned DC residents will be hand-delivering written goals, demands, and deadlines aimed at stemming the escalation of violent crimes against Transgender people in the District. Starting with Metropolitan Police Department Chief Cathy Lanier and U.S. District Attorney for Washington, DC (DA USAO) Ron Machen, who oversees the city’s federally-administered justice system, the activists will continue with Mayor Vincent Gray, and all 13 City DC Councilmembers. Click here for more details.
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As always, please consider this your open thread for the day.
In this original BTB Investigation, we unveil the tragic story of Kirk Murphy, a four-year-old boy who was treated for “cross-gender disturbance” in 1970 by a young grad student by the name of George Rekers. This story is a stark reminder that there are severe and damaging consequences when therapists try to ensure that boys will be boys.
When we first reported on three American anti-gay activists traveling to Kampala for a three-day conference, we had no idea that it would be the first report of a long string of events leading to a proposal to institute the death penalty for LGBT people. But that is exactly what happened. In this report, we review our collection of more than 500 posts to tell the story of one nation’s embrace of hatred toward gay people. This report will be updated continuously as events continue to unfold. Check here for the latest updates.
In 2005, the Southern Poverty Law Center wrote that “[Paul] Cameron’s ‘science’ echoes Nazi Germany.” What the SPLC didn”t know was Cameron doesn’t just “echo” Nazi Germany. He quoted extensively from one of the Final Solution’s architects. This puts his fascination with quarantines, mandatory tattoos, and extermination being a “plausible idea” in a whole new and deeply disturbing light.
On February 10, I attended an all-day “Love Won Out” ex-gay conference in Phoenix, put on by Focus on the Family and Exodus International. In this series of reports, I talk about what I learned there: the people who go to these conferences, the things that they hear, and what this all means for them, their families and for the rest of us.
Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"
Using the same research methods employed by most anti-gay political pressure groups, we examine the statistics and the case studies that dispel many of the myths about heterosexuality. Download your copy today!
And don‘t miss our companion report, How To Write An Anti-Gay Tract In Fifteen Easy Steps.
Anti-gay activists often charge that gay men and women pose a threat to children. In this report, we explore the supposed connection between homosexuality and child sexual abuse, the conclusions reached by the most knowledgeable professionals in the field, and how anti-gay activists continue to ignore their findings. This has tremendous consequences, not just for gay men and women, but more importantly for the safety of all our children.
Anti-gay activists often cite the “Dutch Study” to claim that gay unions last only about 1½ years and that the these men have an average of eight additional partners per year outside of their steady relationship. In this report, we will take you step by step into the study to see whether the claims are true.
Tony Perkins’ Family Research Council submitted an Amicus Brief to the Maryland Court of Appeals as that court prepared to consider the issue of gay marriage. We examine just one small section of that brief to reveal the junk science and fraudulent claims of the Family “Research” Council.
The FBI’s annual Hate Crime Statistics aren’t as complete as they ought to be, and their report for 2004 was no exception. In fact, their most recent report has quite a few glaring holes. Holes big enough for Daniel Fetty to fall through.