Box Turtle Bulletin

Perry v. Schwarzenegger: day five summary

Thanks to liveblogging from Courage Campaign and FireDogLake.

Today began with testimony from Dr. Michael Lamb, Head of the Department of Social and Developmental Psychology at Cambridge University. Michael McGill led the questioning. Dr. Lamb is highly qualified, prolific, and respected in the areas of child development and devolopmental psychology.

In the 1970’s Dr. Lamb began with the assumption that a father-mother household was better. His views changed based on his research. By the 90s this change was accepted in the field.

Articles document conclusively that children raised by gay or lesbian parents are just as likely to be well adjusted as those raised by heterosexual parents. This is based on a great volume of study of children of different ages and further buttressed by results that affect children of broader range of children.

Studies conducted include both convenience samples and representative samples, longitudinal and cross-section. Over 100 studies have been taken. All mental health organizations agree.

Lamb refuted some of the pseudo-scientific claims of Prop 8 proponents, including the use of the term “gender disorientation pathology” in a Ron Prentice email repeating “21 Reasons why Gender Matters” (Perhaps those listed at NARTH). This term is not used in psychology.

Lamb refutes the canard that gays and lesbians are more likely to be child abusers, nor are their children likelier to be gay (though they are likelier to reject sex-stereotypical occupations).

Lamb dismisses Dr. Joe Nicolosi (ex-gay proponent) and his notions that childen of gay couples are going to be emotionally and socially traumatized. He says that adopted and artificially conceived children are as likely to be well adjusted as those raised by natural parents. He says that the only one in the field of child psychology who holds that view is David Blankenhorn.

In cross-examination, David Thompson for Prop 8 has Lamb admit he’s a “committed liberal”. Thompson tried to get Lamb to agree that science and research only give the results that government wants and that there is a vast liberal conspiracy to make scientific results be what the liberals want them to be. He references the East Anglia climate control scandal. This is an insult to anyone with a brain.

Thompson argued that men are cretins (he referenced Homer Simpson) and women are weak little caretakers. Liveblog synopsis:

Women spend more on children than men. Some occupations are specific to genders. Men are more likely to perpetrate sexual abuse than women. Step fathers more likely to molest children, abuse children than women. Molestation is bad for kids. Evidence that men who are married to women drink and gamble. You are not saying that men and women are completely interchangeable.

(My favorite argument so far:) Men can\’t breast feed. Breast feeding clearly has benefits for children. (yup, well that settles it, children whose mothers can’t breast feed them should be left out for the wolves.)

Thompson read an article in which Lamb stated that biological parents were more important than involvement in raising the children; it was written in the 1970s. He quoted Lamb stating that it was disconcerting that fathers’ roles were devalued; Lamb was a grad student. Thompson read from Lamb’s The Role of Fatherhood in Childhood Development, 1976 version.

Lamb: Citations are to 1961, two from 1950s, one from 1965. We\’ve had a lot of research since that was written. As you\’ve pointed out, there have been subsequent editions of this book, that have updated these citations.

Thompson reminds Lamb that he described David Blankenhorn’s book as “most provocative commentary published in 1995”. Lamb said that Blankenhorn thought his review was negative.

Thompson somewhat desperately tried to get Lamb to agree that having both a male and a female in the house is essential to good childhood development. Lamb didn’t play along.

(At this point we discover that a few witnesses for Prop 8 have been withdrawn because of “fear for their personal safety”. But wasn’t that why there is no video recording? Personal fear? Or is it that those witnesses realized that their peers would find out what they had testified through bloggers and knew that they would be mocked and reviled in their professional fields for selling their soul to the cause of discrimination and injustice. After lunch, Boutrous pointed out to the court that the witnesses who were skurrrred of being recognized dropped out after the SCOTUS said they didn’t have to be televised. He said that in pre-trial he predicted they would drop out because they were afraid of what they would have to say during cross-examination.)

Quite a bit of time was taken establishing that children do better in homes with both parents rather than with a single parent. Much emphasis that step-fathers are more likely to sexually abuse than genetic fathers. Lamb continues to point out that they are comparing heterosexuals to heterosexuals.

I get the impression that Thompson is out of his element. At one point he objects that the US Census is not a random sample. Lamb points out that if a sample includes the entire population, it’s better than a random sample. Thompson tries to argue that studies of gay people are faulty because they only study those who identify as gay; he seems not to notice that if we are talking about marriage, there aren’t going to be many non-LGBT-identifying folk who marry a person of the same sex.

After lunch the judge asked Lamb why adopted children seek out their natural parents. Lamb said it was due to a natural curiosity about where they came from and not due to maladjustment. Walker then asked about priest abuse in the Catholic Church. Lamb clarified that it was predominantly heterosexual and that gay abuse occurs at about the same rate as heterosexual sexual abuse.

During Thompson’s efforts to discredit the rather extensive research on the subject, he looks for anything that was not included to suggest that it throws all of the evidence out the window. His stabs include the financial resources of grandparents, the genetic intelect of the children, the educational achievement of grandparents, etc. He tries to sound incredulous that these studies didn’t include these less obvious factors. What comes out in court, however, is the rather extensive number of factors that actually have been considered.

He cites Walter Shum of Kansas State Universite. Lamb dismisses Shum by saying, “I\’ve seen it before. It was published in a journal where one has to pay to have it published, so it\’s not really considered part of the literature. But I have seen it in past cases.”

(A non-peer reviewed pay-to-get-published article? Gee, where have we seen that before?)

Thompson is trying to get Lamb to agree that only middle class gay and lesbian families were studied. And that the control groups of straight parents in the studies were not necessarily limited to married biological parents.

I’m wondering at the extent of this effort. I assume that is because when Blankenhorn argues that heterosexuals are better – based on his opinion – then Prop 8 will argue that we can just ignore all research whatsoever and go on Blankenhorn’s opinion. It’s just one opinion against another. While that might work well in a media campaign, I wonder if it’s effective strategy to present to a judge.

Further, it appears that Thompson knows far less about the “gotchas” that he wants to drop on Lamb. He appears to have forgotten the first rule of jury testimony, don’t ask a question to which you do not know the answer. He also confused references to studies as being separate studies and seems not to know what meta-analysis is.

Thompson says, “We\’re trying to show that optimal way to raise kids is in heterosexual households.”

(Yes, Mr. Thompson, you are trying to show that. Unfortunately for you, the science isn’t behind you.)

In redirect, McGill has Lamb clarify that the largest comparative studies included census data and thus compared gay couples (married and unmarried) with heterosexual couples (married and unmarried) and that gay children did not fare worse.

McGill then plays deposition tape of Dr. Marks, a Prop 8 witness that withdrew “cuz he’s skurrrrred of the cameras”. It seems Marks made a wise decision. In the tape he contradicted himself and ends up – in this clip – undermining his assertion that biological families are preferable.

McGill had Lamb read a portion of his review of Blankenhorn’s book illustrating how it was not favorable.

Lamb concludes by testifying that the field shares his conclusions because of the consistency of the outcome of hundreds of studies. Outliers which are not replicated don’t change conclusions based on cumulative work.

In one final dig about Lamb being a “liberal” and donating to PBS:

McGill: Did the corporation on public broadcasting affect your opinion in this case?

Lamb: No, it did not.

To end the day, Helen Zia, an Asian-American told the story of her life. She talked about discrimination and fear. She spoke of the humiliation of signing up for the first local domestic partnerships in San Francisco at the window where dog licenses were issued. She talked about how marriage changed her life. Her Chinese grandmother finally had a word to describe Leah, her wife. Her in-laws now saw her brother as extended family. She spoke of cruelty and hostility she experienced in Oakland during the Prop 8 election season.

Chu: How does getting married change things.

Zia: In most immediate sense, it was in how our families related to us. When we first got married. We have a niece, 2 years old, only known us Auntie Helen and Auntie Leah. WHen she saw Leah and me, she gave us a big hug, said, Auntie Leah, now you\’re really my auntie. I thought, well, you\’ve always known her as your auntie. Somehow it made a difference. It made a difference to our parents. When you say you\’re a domestic partner. When people say “who\’s this person?” I can\’t count the number of times who said “Partner in what business.” We\’d say “partners in life.” Often it was bewilderment. What business is life, od yo umean life insurance. It\’s a matter of how our families relate to people. For me to show up at every event. People ask who\’s she. For her 90-something auntie to say, here\’s Leah\’s friend. She must be a really good friend, suddently there were able to say, Helen is my daughter in law. My mother is an immigrant from China. She dosent\’ get waht partner is. I would be around her, I could hear them say, sometimes in Chinese, sometimes in English, that\’s Helen\’s friend. Then it changed, she would say, this is my daughter-in-law. Whether they got it or not, you don\’t insult someone\’s wife, you don\’t insult someone\’s mother. We\’re not partners in life or in some business. It changed things on a huge level. Marriage in how it affected our families. Our families related to each other differently. Marraige is joining of two families. My family and Leah\’s family now relate to each otheer differently. My brother lived about 5 minutes away from Leah\’s father when he was still alive, in those 15 years, they didn\’t make an effort. After we were married, Leah\’s father would stop by, drop things off. My brother is quite active in HI, Leah\’s brother\’s wife, my sister in law. Has a sister who runs in same circles. He will now say she\’s my in-law.

And this ended the day. The case will resume Tuesday morning. The plaintiffs expect to end testimony on Wednesday.

It is difficult to predict how long it will take the Prop 8 defendants to present their testimony now that four of their six witnesses have dropped out cuz they’re skurrred of the evil homosexual menace that will hunt them down and piddle in their petunia. All, it might be noted, after the SCOTUS gave in to their demands of no televising and no video at all outside of a live-feed to another room inside the same courthouse.

Somehow I think they really wanted to lose the battle over the cameras. As we saw from Dr. Marks’ video deposition, their witnesses may be far more worried about their own inadequacies and dents in their reputation than they are about marauding bands of drag queens and dykes on bikes chanting, “we’re here, we’re queer, you’re a bigot, get used to it” while they try to order a latte at their local Starbucks.

I suspect that they wanted an excuse to drop their witnesses so they could use this to appeal the trial of fact. But the SCOTUS may have unintentionally called their bluff and left them with only the flimsiest of wacky excuses (“we were skurrred of the evil homosexuals in the overflow room; they might hit us with their laptops). And now they only have two witnesses who are willing to be cross-examined.

Perry v. Schwarzenegger: day four summary

Again, thanks to liveblogging by Courage Campaign and FireDogLake

The day starts with testimony from Edwin A. Egan, Chief Economist for San Francisco. His job includes determining the economic impact of legislation.

His argument: marriage equality means more married couples. Those who marry tend to accumulate wealth, spend more, increase property values, etc. Married individuals also engage in healthier behavior which leads to greater productivity and a positive economic influence.

Egan also discussed how companies treat marriages differently from domestic partnerships when it comes to heath care.

(This direction be an argument unique to San Francisco in which, due to demographics, economic influences on the gay population can have a significant impact on the city’s economy as a whole. It may be difficult for Prop 8 to argue that such an impact is immaterial to a city like SF)

Egan discussed direct economic benefits to the city from legal marriages (event costs, hotel, restaurant). He noted that if DOMA were lifted, income taxes per couple would be reduced on average by $440, some of would be spent in the city thus increasing sales taxes and improving the economy.

In cross-examination, Peter Patterson challenged some of Egan’s calculations.

First he tries to present the idea that all of those who wish to marry already did so in the narrow window. This argument is strangely and poorly crafted by arguing that because there were few appointments for marriages in November (when marriage was not legal) then there was no demand.

Patterson made points by noting that Egan bases his three year projection on the rate of marriages during last summer, not allowing a drop off for a lessening of “pent-up demand”. Further, he argues that Egan’s estimates assume that over 100% of current couples would marry within two years (he does not allow for new couples or couple migration).

Egan may have redeemed himself by showing that his assumptions about marriage expenditures and guests are based on conservative estimates (spend 25% of what straight marriage spend and only 10% of guests from out of town).

Patterson argues that while same-sex marriages may increase, opposite-sex marriages may decrease. (This may actually be true for the short window in a city like SF. There may have been limited marriage facilities and resources and some straight folk may have waited until after the marriage window. Over time, the laws of supply and demand would provide for adequate marriage resources)

In redirect, Egan clarifies that despite dispute over the numerical accuracy of his calculation, marriage would increase health coverage and that, coupled with marriage expenditures, would financially benefit the city.

In the afternoon, Dr. Ilan H. Meyer, Associate Professor of Clinical Sociomedical Sciences at Columbia University\’s Mailman School of Public Health, testified about the stigma and prejudice gay and lesbians individuals face in society. Christopher Dusseault is plaintiff’s counsel for this section.

Meyer argues that societal stigma assigns gay people the roll of not desiring intimate relationships and being incapable of them. Society defines intimate relationships to mean marriage, husband, wife, family and community to the exclusion of gay people. (Think The Boys in the Band)

As illustration, Dusseault has Meyer read from Everything You Wanted to Know About Sex, But Were Afraid to Ask:

What about all the homosexuals who live together happily for years?

What about them? They are mighty rare birds among the homosexual flock. Moreover, the “happy” part remains to be seen. The bitterest argument between husband and wife is a passionate love sonnet by comparison with a dialogue between a butch and his queen. Live together? Yes. Happily? Hardly.

Meyer argues that domestic partnerships do not have the same social meaning as marriages and thus Proposition 8 imposes structural stigma. He talks about social stressors, both event (a bad thing happens) and non-event (something expected and looked forward to does not happen). Because all children expect to marry some day, denying marriage to gays is a non-event stressor. Meyer identified the processes that create minority stressors as prejudice events, expectations of rejection and discrimination, concealing–not being out, and internalized homophobia.

Some stressors may have little real impact, such as filling out a form, but “the form evokes social disapproval and rejection and memories of events, including large events that have happened in the past.” So travel, banking, vehicle registration, many simple things have minority stressors with great impact.

And actual abuse need not occur for the person to experience stressors.

Many times people avoid situations, or swallow those situations of slurs and just move on because they don\’t want to get into a fight, but the anticipation causes stress.

All of the additional sexual minority stressors lead to increased risk and disease.

Dusseault: Do you have a view if mental health outcomes for gay and lesbian in CA would improve if Prop. 8 were not law?

Meyer: Yes. Consistent with my work and findings that show that when people are exposed to more stress than less stress they are more likely to get sick, consistent with a law that says to gay people you are not welcome here, your relationships are not valued vs. the opposite has significant power. Clearly it\’s not the only thing that determines prejudice and discrimination, but it\’s a major factor.

Al Wilson cross-examined Meyer for Prop 8. Wilson tried to identify disagreement between studies and to identify exceptions between theory expectation and results.

In particular, he focused on old studies (this does seem to be a consistent but inexplicable tactic of the Prop 8 side in this trial)

Wilson: Well, were your studies inconsistent with older studies?

Meyer: No. I would say the older studies were inconsistent with my new findings.

Wilson tried very hard to get Meyer to discount his own findings. He tried to dismiss the sample size but Meyer used meta analysis. He tried to argue that population definition is impossible, but Meyer pointed out that all populations are difficult to define

You\’re trying to suggest it\’s some big problem. It\’s not. The population is elusive in every study. This is the first step of trying to study. If I wanted to study men, I\’d have to define the cohort, age, location, etc. What is a Latino? Do you include Mexicans or Puerto Ricans? The first step is to define the general population and then the sampling population.

(Meyer seems to be quite good)

Wilson: Could you ask someone if they were African American ever or were last year?

Meyer: Yes. That does vary. There are people who move into the US as Caribbean, their parents do not describe themselves as black, but after their kids socialize do say they are African American. Identities change and are responsive to the social context, but how people refer to themselves might change.

Meyer: well attraction is very fluid. Woman might say another woman is attractive, but that doesn’t make her a lesbian. for example, if you want to measure race by skin tone, you’ll have a different result than by identity. That’s why I don’t use attraction, but sometimes use identity. when you’re measuring HIV risk, you need to ask about behavior to assess exposure.

(This is an interesting response. If racial definitions were based solely on skin tones, I’ve met quite a few Latinos and even some African Americans who have fairer skin than I do. I once had one fellow lecturing me about discrimination against ‘brown people’ until I held my arm up against his. Yet my ethnic heritage and overall appearance tends to lead me to identify as “Caucasian” while theirs leads to minority ethnic identities. And discrimination and its inherent stressors are not based on either skin hues or internal attractions, they are based on internal and external identities.)

Wilson spent quite a lot of time in discussing why some racial minorities do not experience as poor mental health as might be expected within the models (the answer is because of being raised and nurtured in and supported by racial minority communities). He seemed to be dancing around the idea that gays are mentally deficient.

Wilson tried to make a peculiar (and specious) argument that if domestic partnerships stigmatize, then why would pro-gay groups have ever supported them? (Duh, because they stigmatize less than having nothing, never, ever)

In redirect, Dusseault had Meyer clarify the distinctions between racial stressors and sexual minority stressors (communities, as noted above). He also cleared up the distinction that domestic partnerships stigmatize, though not to the same extent as no recognition.

Yes, what it means that you can\’t have either, the message is even more severe. If a state doesn\’t offer marriage, it\’s great stigma, but if a state offers domestic partnerships it\’s almost like saying go to the back of the bus.

Over all, Meyer’s testimony (as liveblogged) seemed strong.

Perry v. Schwarzenegger to continue to be taped

At trial today it came out that the supporters of Proposition 8 had appealed to have the taping of the trial terminated. They do not want any record of their argument to be retained beyond the bare minimum.

The judge countered that he needed the taping for his purposes and that it would not be televised. Chuck Cooper seemed content with that.

This is good news. As long as a tape is recorded, there is always a hope that some future legal argument can make this recording available to the world. If not now, then this evidence will undoubtedly be useful for social historians looking back upon this time of legal discrimination.

Perry v. Schwarzenegger: day three synopsis

Again much appreciation to Courage Campaign for their liveblogging (along with others in the media). As the US Supreme Court has decided that, for now anyway, the proceedings will take place out of the sight of the public, their contribution to creating an informed public is of immense value.

The Defense\’s cross-examination of History Professor George Chauncey continued. Prop 8’s David Thompson sought to get Chauncey to agree that gay people are not really subject to discrimination. This is an attempt to battle Olson/Boies’ goal of establishing sexual orientation as a subject suspect class and thus more highly protected from discrimination.

(Because race is a subject suspect class, the legal assumption is that any discrimination against them is probably unconstitutional. Left-handedness, not currently an oppressed minority subject to regular and insidious discrimination, is not a suspect class and therefore they need to prove that any specific discrimination against them is unconstitutional).

Thompson also sought to get Chauncey to agree that not everyone who opposes marriage (e.g. our “fierce advocate”) does so out of bigotry. He attempted (unsuccessfully) to get Chauncey to agree that a portion of the gay community opposed marriage and therefore supported Proposition 8. Chauncey responded, “The right to marry evolved and became a more widespread and deeply held goal of the gay and lesbian community.”

In redirect Terri Stewart had Chauncey draw parallels between the growing desire in the gay community for marriage to that of the black community who did not seek desegregation when they were simply seeking basic existence.

She had him illustrate that while some faiths were supportive there was strong religious animosity to gay people. Chauncey read from statements from the Vatican and the Southern Baptist Convention. Their point is that sincere religious objection to gay equality can be based in stereotypes and bigotry, just as were sincere religious objections to racial equality.

And then we find out exactly why Hak-Shing William “Bill” Tam sought to be removed from the case. Stewart played a tape of their deposition of Mr. Tam. It seems that Mr. Tam was invited to be an integral part of the campaign focusing on outreach to Asians. He raised substantial amounts of money and orchestrated rallies. He wrote to Asian language newspapers and produced flyers.

One flyer claimed that the San Francisco city government was under the control of homosexuals who wanted to legalize sex with children. Tam feared not only same-sex marriage, but children would learn about gay people and then become gay themselves. Tam seemed to believe that Proposition 8 would stop gay couples from being able to adopt.

Next to testify was Dr. Letishia Peplak, a social psychologist from UCLA with extensive credentials on same-sex relationships. She is an expert on four issues: (a) marriage brings important benefits, (b) relationships between same-sex and heterosexual couples are similar, (c) gay couples who can marry have the same benefits, (d) gay marriage will not harm heterosexual marriage.

Peplak testified that same-sex relationships are very similar to opposite-sex relationships in terms of stability, durability, process, and level of love.

She said that while there is no evidence, it’s been suggested that homosexual relationships are shorter. She also testified that heterosexual co-habitation relationships are shorter than married relationships. She reported a study that married same-sex couples in Massachusetts reported being more committed and to having more benefits.

Nicole Moss questioned Peplak in cross-examination. Moss argued that a 25 year old article shows that gay men are less monogamous than heterosexual married men. Peplak points out that is an “oldie” from a time when gay relationships were secretive. Moss continues with outdated studies of non-representative sample groups.

Peplak has said that she is not an expert on relationships in foreign nations, but Moss presented statistics on marriage in Belgium and the Netherlands. In Belgium 5% of gay couples marry compared to 42% of heterosexual couples. In the Netherlands, 8% of gay couples and 43% if straight couples marry. (I hope that the plaintiffs have statisticians that can speak to the meaning of these numbers and whether they accurately explain current marriages as opposed to cumulative marriages).

Peplak notes the discrepancy with the Massachusetts numbers and speculates that American gay couples may be more pro-family.

In redirect, Peplak notes that studies about lack of monogamy were from a time when there were neither marriage nor domestic partnerships.

Overall, I’m not getting the impression that Peplak was a stellar witness.

Perry v. Schwarzenegger: day two synopsis

Today’s testimony consisted of two witnesses (thanks again to Courage Campaign):

Professor Nancy Cott, author of Public Vows: A History of Marriage and the Nation, continued her testimony about the meaning of marriage. She explained how marriage evolved from the government directing gender roles as we moved from an agrarian society.

Cross-witness sought to get Cott to own the statements of other marriage supporters so as to get her defending ideas other than her own but she wasn’t having it. Opposing counsel tried to get her to make predictions, she didn’t.

Then opposing counsel sought to show that marriage was actually Christian doctrine filtered through marriage law. (I can think of a few reasons why he really wouldn’t want to go there, one being that Olson/Boies can put the leaders of several denominations on the stand to talk about Christian doctrine).

In redirect, Cott explains that same-sex marriage was not likely to lead to polygamy because the central theme to marriage is consent and the central theme to polygamy is despotism. (Interestingly, if “children” is the sole purpose of marriage, then polygamy could be a next step – or, rather, a step back to tradition).

In the afternoon, Terri Stewart questioned Dr. George Chauncey, an expert in LGBT studies. Dr. Chauncey gave a lengthy discussion about discrimination and oppression of gay people in America.

Dr. Chauncey showed how the themes of Anita Bryant’s “Save Our Children” campaigns in the 70’s were successfully carried into the 80’s and 90’s and are the central themes of Proposition 8. He sees them as part of a continuum.

Stewart: Do you believe Prop. 8 ads perpetuate the stereotypes of the history you describe?

Chauncey: I think they do, but they are more polite than the Anita Bryant ads. Society has changed such that what you can say in polite society is different, but most striking is the image of the little girl who comes in to tell her mom that she can marry a princess. There\’s a strong echo of this idea that simple exposure to gay people will lead a generation of young people to become gay.

Cross examination tries to paint Chauncey as “an advocate”. They tried that with Cott. I’m not sure what’s going on there as I think it’s clear that all witnesses on all sides are probably going to be advocates for their position. Certainly Blankenhorn is.

Perry v. Schwarzenegger: a very Republican conversation

Vaughn R. Walker, the Chief Judge of the United States District Court for the Northern District of California, is a Republican. He was nominated for the bench by Republican President George H.W. Bush.

And though independently minded, Walker has taken positions in the past that show him not to be universally a gay advocate. In fact, Walker’s first nomination (by President Ronald Reagan) was held up due to controversy over a gay-related issue. Walker was representing the US Olympic Committee in their demand that the Gay Olympics (now the Gay Games) not be allowed to use “Olympics” in their name.

So when lead co-counsel Republican Ted Olson speaks to the court, it will be a very Republican conversation. This is important to recall when anti-gay activists scream about judicial activism and the bias of the court – which they have already begun to do.

Olson/Boies Prop 8 trial to be recorded and available

On January 11, Ted Olson and David Boies will begin their case against Proposition 8, arguing that it runs contrary to the US Constitution. In a strange turn of events, the case will be recorded but not made available for live media coverage. (SJ Merc)

Chief U.S. District Judge Vaughn Walker approved court-operated cameras in his courtroom for delayed release on YouTube, but rejected a bid by media organizations to televise the proceedings themselves for live broadcast.

Walker, by approving some broadcast of the Proposition 8 trial, became the first federal judge in the West to make use of an experimental program put in place recently by the 9th Circuit Judicial Council, which sets policy for federal courts in nine states, including California.

Supporters of Proposition 8 had argued against any public presentation of the trial, saying that their witnesses were reluctant to testify if their testimony was made available to public scrutiny.

They used one of the anti-gay community’s favorite arguments: fear of retaliation. Personally, I believe that their objection is based in fear of exposure. I suspect that the purposes and beliefs of the funders, organizers, and administrators of Proposition 8 are not aligned with the public, not even the majority of those who voted for the proposition.

9th Circuit to Olson/Boies: No access to Prop 8 internal docs

On the 4th, we reported that a three judge panel had blocked the turn-over of insider communication of the Proposition 8 supporters to Ted Olson and David Boies. Olson/Boies are suing to have Prop 8 declared in violation of the Federal Constitution and are using as part of their argument the fact that Prop 8 is primarily based in anti-gay animus.

But they will have to do so without access to documents that could prove that the campaign’s strategy consisted of inflaming anti-gay bigotry. (SFGate)

In a unanimous ruling Friday, the Ninth U.S. Circuit of Appeals tossed out the order that Chief U.S. District Judge Vaughn Walker issued in October against backers of Prop. 8, which state voters approved in November 2008.

Walker had said lawyers for two same-sex couples and a gay-rights group were entitled to see internal memos and e-mails between Yes on 8 strategists to look for evidence that the campaign had exploited prejudice against gays and lesbians.

The trial starts January 11th.

No Prop 8 insider documents for Olson/Boies

Part of the Ted Olson/David Boies case against Proposition 8 is based on the argument that the campaign and its voters denied rights to gay couples out of animus. And to prove animus, they subpoenaed the internal communication of the pro-8 campaign.

Although the presiding judge agreed that such communication should be turned over to Olson/Boies, an appeal to the 9th Circuit has suspended that decision until they can hear it. (SF Chronicle)

The Ninth U.S. Circuit of Appeals in San Francisco suspended the order that Chief U.S. District Judge Vaughn Walker issued in October against backers of Prop. 8, which state voters approved in November 2008.
…
Prop. 8 sponsors argued that their discussions were constitutionally protected and that orders such as Walker’s would discourage candid communications in political campaigns.

The three-judge appeals court panel said the sponsors “have made a strong showing that they are likely to succeed” in their arguments. The court, which held a hearing on Walker’s order on Tuesday, said it would issue a ruling soon.

This always seemed a bit of a long-shot to me anyway.

Next CA Speaker of the House is gay

From KQED Capital Notes:

The 68th Speaker of the California Assembly has been chosen by a majority of the chambers Democratic majority — so says the 67th leader of the lower house, Assembly Speaker Karen Bass.

The new leader, says Bass, is Asssemblymember John Perez, a Democrat from Los Angeles. He could formally win the job as soon as next week.

Perez was elected to the Assembly last year.

Perez, whose cousin is Los Angeles Mayor Antonio Villaraigosa, would set another “first” in leadership history: by becoming the first openly gay leader of the California Legislature (or, we’re still checking, any legislative body in the nation).

Tenners officially seeking to reverse Prop 8

As of today, Californians can begin the process of collecting signatures to get a proposition on the ballot to reverse Prop 8 in November 2010.

Actually, there are five separate propositions for which signatures can be collected. Each reverses the language of Proposition 8 and provides clarity that no clergy person will be required to perform marriages contrary to the teachings of their faith.

It is difficult to state at the moment whether these are competing propositions due to disorganization or if perhaps (knowing their lack of ethics) anti-gays are trying to sabotage the process.

In any case, Love Honor Cherish has a new website, Sign For Equality, with petitions which can be downloaded and printed. So those of you who support bringing this challenge back to the ballot next year can start collecting signatures now. Love Honor Cherish is trying to do this without spending money for signature collectors, so they can use your help.

While I respect the opinions of those who favor waiting until 2012 or later, my personal opinion is that we bring this to the ballot every general election, every two years, until the voters get it right.

California Poll: I support marriage but I don’t want to vote again

The Los Angeles Times has released a new poll with both encouraging and discouraging findings:

The California findings come from a new Los Angeles Times/University of Southern California College of Letters, Arts & Sciences poll. The survey, which interviewed 1,500 registered voters from Oct. 27 through Nov. 3, was conducted for the Times and USC by two nationally prominent polling firms, the Democratic firm Greenberg Quinlan Rosner, and the Republican firm Public Opinion Strategies. The results have a margin of error of +/-2.6 percentage points.

Overall, 51% of California voters favored marriage rights for same-sex couples and 43% were opposed. Strikingly, however, almost 60% of Californians did not want to revisit the issue in 2010, just one election cycle after it last hit the ballot.

The Times will report details tomorrow.

This poll will encourage the twelvers who will argue that pissing off the electorate will not be a winning strategy. Tenners might counter that unless the electorate wants to vote on this issue every two years forever, they should just do the right thing and be done with it.

TMI

The Advocate asks, “Best Buns Contest Too Public?”

A gay rodeo\’s “best buns contest” has elicited a complaint from a Sacramento-area resident who lives across the street from the venue where the event took place, according to KCRA.com. Monty Stanley of Wilton, Calif., said the October 17 show, which was sponsored by the Capitol Crossroads Gay Rodeo Association as a fund-raiser for Shriners children’s hospitals, was in plain view from his driveway.

“They had more than best buns,” Stanley told KCRA. “They had everything out there naked, and you can see it plain as day. What I witnessed there and what you saw on that camera is not different than pornography.”

Stanley stood in his driveway and shot video of the event, which he made available to KCRA. On the night of the rodeo event, his teenage daughter had several friends over at the house, and Stanley said they all witnessed the contest as well.

The event’s organizers deny that anything other than buns were displayed. But still, I think a good rule of thumb is this: If you’re having a best buns contest and someone can see those buns from clear across the street and in their own driveway, then yes. It’s too public.

Gov. Schwarzenegger Signs 2 Pro-LGBT Bills

Everyone’s excited about Harvey Milk finally getting his day, but the bigger news is this: California will now recognize marriages, civil unions and domestic partnerships performed in other states, and treat them as Domestic Partnerships under state law. From The Sacramento Bee:

Gov. Arnold Schwarzenegger has signed two gay rights bills, one honoring late activist Harvey Milk and another recognizing same-sex marriages performed in other states.

…In a signing message, Schwarzenegger said California will not recognize the couples as married but will “provide the same legal protections that would otherwise be available to couples that enter into civil unions or domestic partnerships out-of-state. In short, this measure honors the will of the People in enacting Proposition 8 while providing important protections to those unions legally entered into in other states.”

May 22 will now be a state day of recognition for Harvey Milk. Gov. Schwarzenegger vetoed a similar bill last year.

Update: Gov Schwarzenegger also vetoed two bills: AB 1185 which would allow “better access to birth certificates for transgender people,” and AB 382, which would provide protections for LGBT prisoners.

Meg Whitman’s Slap

Former eBay CEO Meg Whitman is seeking to become the GOP nominee for California governor. Hank Plante of KPIX/CBS 5 in San Francisco interviewed interviewed her about her opposition to marriage equality. She said:

“So as you know I am pro-civil union and not for gay marriage. And just for me, that term marriage, for me needs to be between a man and a woman…I do not feel it is a slap in the face [to millions of gay and lesbian Americans].”

Whatever Whitman may wish to believe, I think we can all agree that the recipient of a slap is in the best position to judge whether he or she was slapped or not.