California Supreme Court Grants Review In Prop 8 Legal Challenges

Court to determine constitutionality of Prop 8

(San Francisco, California, November 19, 2008)—Today the California Supreme Court granted review in the legal challenges to Proposition 8, which passed by a narrow margin of 52 percent on November 4. In an order issued today, the Court agreed to hear the case and set an expedited briefing schedule. The Court also denied an immediate stay.

On November 5, 2008, the National Center for Lesbian Rights, the American Civil Liberties Union, and Lambda Legal filed a lawsuit challenging the validity of Proposition 8 in the California Supreme Court on behalf of six couples and Equality California. The City of San Francisco, joined by the City of Los Angeles, the County of Los Angeles, and Santa Clara County, filed a similar challenge, as did a private attorney in Los Angeles.The lawsuits allege that, on its face, Proposition 8 is an improper revision rather than an amendment of the California Constitution because, in its very title, which was “Eliminates the right to marry for same-sex couples,” the initiative eliminated an existing right only for a targeted minority. If permitted to stand, Proposition 8 would be the first time an initiative has successfully been used to change the California Constitution to take away an existing right only for a particular group.
Such a change would defeat the very purpose of a constitution and fundamentally alter the role of the courts in protecting minority rights. According to the California Constitution, such a serious revision of our state Constitution cannot be enacted through a simple majority vote, but must first be approved by two-thirds of the Legislature.Since the three lawsuits submitted on November 5, three other lawsuits challenging Proposition 8 have been filed.
In a petition filed on November 14, 2008, leading African American, Latino, and Asian American groups argued that Proposition 8 threatens the equal protection rights of all Californians.

On November 17, 2008, the California Council of Churches and other religious leaders and faith organizations representing millions of members statewide, also filed a petition asserting that Proposition 8 poses a severe threat to the guarantee of equal protection for all, and was not enacted through the constitutionally required process for such a dramatic change to the California Constitution. On the same day, prominent California women’s rights organizations filed a petition asking the Court to invalidate Proposition 8 because of its potentially disastrous implications for women and other groups that face discrimination.

In May of 2008, the California Supreme Court held that barring same-sex couples from marriage violates the equal protection clause of the California Constitution and violates the fundamental right to marry. Proposition 8 would completely eliminate the right to marry only for same-sex couples. No other initiative has ever successfully changed the California Constitution to take away a right only from a targeted minority group.Over the past 100 years, the California Supreme Court has heard nine cases challenging either legislative enactments or initiatives as invalid revisions of the California Constitution. In three of those cases, the Court invalidated those measures. For more information on this case, go to:

http://www.courtinfo.ca.gov/courts/supreme/highprofile/prop8.htm

California Courts: Courts: Supreme Court: High Profile Case: Proposition 8 Supreme Court Filings

Source: http://www.courtinfo.ca.gov/

There is hope for us.
S x

From Kate Kendell: 5 Stages of Grief in 14 Days

Five Stages of Grief in 14 Days -11.18.08

Denial, Anger, Bargaining, Depression, Acceptance.

In the past five years, I’ve become more familiar than I would have liked with Elisabeth Kubler-Ross’s five stages of grief. In that time, both of my parents and my baby brother died, all too young—and in the case of my 40-year-old brother, completely unexpectedly. I’m not actually sure I’ve ever really made it to acceptance; rather, I seem to be in a permanent state of resignation.

On the evening of November 4, right around the time it was becoming November 5, I felt the wash of grief all over again. It felt much like when my family members died: many others around my world are going on with their lives—in this case many of them ecstatic over the election of Barack Obama—yet I, and in this case my No on Prop 8 family, are shell-shocked at the passage of this unprecedented assault on the California constitution and the rights of the LGBT community in California.
Over the past two weeks since the passage of Prop 8, and similar constitutional amendments in Florida and Arizona, and an anti-adoption and foster care amendment in Arkansas, our community has gone through a modified version of the five stages: Shock, Anger, Blame, Action, Resolve.
As one who was deeply involved in the No on Prop 8 campaign, I have felt every wave of community reaction, and the reverberations are continuing. I have been asked very tough questions, accused of untold bad motives, and told I should resign. For my role in the campaign, I have been thanked by many and called incompetent by others. (I will admit the Anger-Blame stage has been brutal).
Just to be clear, every question should be asked and every key campaign decision must be evaluated. In my view, we had an incredible, committed, and highly talented campaign team—both paid campaign experts and veteran volunteers. We had a small army of dedicated field organizers and volunteers who made defeating Prop 8 their life’s work; we moved the California electorate—and every demographic within that electorate—by at least 12% in favor of the right to marry for same-sex couples; we built the largest coalition of business, civil rights, union, and religious support of any ballot measure ever. But we lost, by a heartbreakingly narrow margin, and only a full and honest evaluation of every aspect of the campaign can assure that we learn from our mistakes and we build on our successes.
I am deeply, painfully sorry we lost, and I will be for a long time.The Anger-Blame stage, which led to some in our community to target people of color—particularly African-Americans, based on unreliable numbers from a single exit poll—for being responsible for the passage of Prop 8, as well as the defacing of churches by a handful of misguided folks, was the most desperate and difficult moment of the past two weeks. Targeting certain groups, fomenting an “us v. them” dynamic, threatens to do damage to cross-community work that many had spent years developing and nurturing. LGBT folks are in every community—every group has some of “us.”
In addition, it now appears that the early exit poll numbers showing that African-Americans voted for Prop 8 by 70% were flawed, and the number is likely much closer to 57%, and even that number has much more to do with religious affiliation and age than with race. No one group is responsible for the passage of Prop 8—period.

The No On 8 campaign had support from not only the California NAACP, but from African-American pastors and elected officials all over the state. Many districts with strong African-American populations voted down Prop 8, and in our challenge to Prop 8 filed last week, we were joined by a coalition of organizations representing African-Americans and other communities of color. These communities are our natural allies—as Eva Jefferson Paterson noted on the filing of legal papers supporting the striking down of Prop 8: “a threat to one is a threat to all.”Now, two weeks later, it seems we have moved firmly into action. Not only were the incidents of scapegoating and blaming denounced by many in both the LGBT and allied communities, but over the past 14 days, hundreds of rallies, marches, protests, and community forums have been organically and spontaneously organized around the country.
Tens of thousands of LGBT folks and our allies have come together in cities and towns in almost every state.If there was ever any doubt that we are a movement, that has been put to rest. If there was ever any suspicion that we are too complacent to organize and show our outrage and our resolve, that suspicion has been obliterated. This has been a very dark time. But as I have traveled around the country in the past two weeks—first to Boston and then to North Carolina for the Equality North Carolina conference—it is becoming clear to me as I pull myself out of the pall that this community is not about to remain silent, we are not going to slip back, we are not going back into any closet, anywhere. We are resolved to never take our equality, anywhere, for granted.With all due respect to Kubler-Ross, there will never be acceptance.

In Solidarity;

Kate

On the subject of Prop 8: Something inspiring.

March Against Prop 8 @ Los Angeles, California 11/08/08

((c)Wojo4hitz)

So this is another video from the March in L.A., CA that happened on the 11th.
It's an inspiring video, I don't know who was talking to the crowd but just listen to what she says. She makes SO much sense.
She says she isn't a political activist and never intended to be but there she is along with everyone else, fighting for Equal Rights.
It made me think, how many of us weren't really into politics before all this began? How many of us are tired of being ignored?
Just watch this video.
It's everything I can't find the words to say.

S xoxo

LONDON Prop 8 Rally.

((c)PintoPictures)

Yesterday, was a day of historical protest. 300 cities in 50 US States protested for Equality and against Proposition 8. Not to mention the other 10 countries WORLD-WIDE that joined at their side.

This was a day that showed we won't just give up and take it. That we won't listen to the so called majority. It showed that our efforts to bring solidarity to the US will prevail.

I took part in one of these rallies yesterday in London, UK.

The atmosphere was just amazing. To be around so many people sharing that one goal of peace, equality and unity made me feel... inspired to say the least. 

The turnout was solid. With people from almost a dozen countries around the world!

We chanted to the people in the Embassy, to policemen and to the public that probably didn't know what was going on. But we were heard.

We all shared our views on the US election, our hope in President Elect Barack Obama, and what else we were going to do to to get heard.

Just some of the people that were at the protest:

I'm PROUD to support my friends in not only California but in the whole United States. And I'm proud of everyone that protested yesterday. And I'm proud to be one of MILLIONS of people that support love. 

I want to thank everyone that came to the rally yesterday and gave up their day in-order to help thousands of people that don't have equal marriage rights.

A comment I saw on the event's page from a citizen of California made made feel that our efforts are being acknowledged.

"i'm a Californian and I would love to thank each and every one of you who made it to this international event and/or are supportive of this cause.
You don't know how much it means to us that there are people are the world joining us in our cause to fight for equality. The impact will be large and every amount of number makes a difference whether it is 5 or 500 people.
Thank You everyone and California and the US sends our love over seas everywhere!" (taken from the Anti-Prop 8 Protest LDN page.)

To all those that protested in one of the 300 cities in America or one of 10 counties around the world - we will not be ignored. This is progress and this is change.

We will make history and show everyone that we aren't going to be treated like second class citizens.

Everyone deserves the right to marry or the right to choose.

Thank you again to everyone involved.

S xoxo

TOMORROW IS THE INTERNATIONAL NO TO PROP 8 MARCH DAY!!

SEND ME YOUR PICTURES AND STORIES FROM THE RALLY YOU ATTENDED IN YOUR CITY/STATE/COUNTRY!

I'LL MAKE A FEW ARTICLES ABOUT THE DIFFERENT RALLIES THAT WENT ON!

GOOD LUCK WITH YOUR PROTESTS. KEEP IT PEACEFUL!

AND MOST IMPORTANTLY,

STAY SAFE.

S xoxo

International Protests against Prop 8!

****NEWS FLASH****

Right so like I said in the previous post, there will be a national protest against Prop 8 in the U.S. but NOW, there will also be an International protest against it!
If you live in London, UK there will be one outside the US embassy at 1.30PM! So please come join in!

If you don't live the UK you can check where your nearest rally is happening on this site:
Join the Impact (International)
Join the Impact (U.S.)

Information for the London rally:

City: London

Location: Outside the US EmbassyStreet;
24 Grosvenor Square London
W1A 2LQ

Time: 13.30PM - 00.00AM

You can see more on this on the Impact site (see above) or the Facebook event (I know...Facebook...urgh): Anti-Prop 8 Protest: LDN

Until then, stay safe!
S xoxo

Help Repeal Prop 8!

Hi all, this Saturday hosts a NATIONAL (U.S.) protest against Proposition 8.
You can do your bit by protesting at your local City Hall at 1.30pm this Saturday; the 15th of November.
Also, check out this website: EQ CA, sign a petition against P8, donate, find out more about rallies in your area or just help out in anyway you can!
YOU can do it. :)

Sxoxo

March Against Proposition 8, Los Angeles, California 11/08/08

(Credit: wojo4hitz)

This is a video from a friend on YouTube, she's filmed a lot of video's from the March Against Prop 8 in L.A, CA.

To check out her video's on the protests and see her other video's: wojo4hitz

S xoxo

Converse and Peace & Human Rights.

Keith Olbermann takes a stand against Prop 8.

Keith Olbermann on MSNBC talking about how he feels that Prop 8 is wrong.
I have respect for this man, he has so many valid points. He's definitely some one people; gay or straight, should listen to. Take what he has to say into account and make this change.
You can see more of him on the channel website.

Obama will fight for LGBT Rights.

I'm a big supporter of President-elect Barack Obama. No doubt about that!
I found this video, in which he says that he will fight for the rights of LGBT people, this makes me feel almost relieved. BUT it doesn't change the fact that we still need to fight to remove Prop 8 from California.
I hope that in the new year when he takes the White House he WILL stick to his word and fight for our equality.
Because love and marriage is about equality, not about being treated like a second class citizen or being told that God will punish us for whatever "sin" we are told we are living.
I know that this is a new wave. I just hope that we get the rights we deserve.

Stay safe,
S xoxo

PS: People living in or around Silverlake - there will be No On Prop 8 rally's near you!

Liz Feldman & Tegan Quin AGAINST Prop 8

(Photo: Tegan & Sara MySpace)

I have alot of respect for the people that have been joining in with the No On Prop 8 rally's. It makes me proud when people care so much about something they feel the need to fight for it. This kind of thing just can't be ignored, I feel like if there is only one way to get equal marriage rights for gay people this could be it.

And the other thing I respect so much about these awesome people is that they do not lower themselves down to a level at which they are violent and abusive - almost like some of the people that have discriminated against them. It shows who are the bigger people in all of this.

On a similar note, I'm proud to be a fan of Tegan (pictured) and Sara. They believe so much in Equality for gay people. And they join in on things like the Prop 8 rally's.

The same goes for Liz Feldman.

What I'm just trying to get at here is that I'm proud to be. BECAUSE of these people.

Because they give me a reason not feel like a second class citizen. Because they are the ones making history and giving us an identity.

I can't be there to see it all go down, but from what I have seen it's been inspiring.

Thank you to all that have been involved and those who continue to fight for something better.

S xoxo

PROP 8 PETITION.

Hi all, 

So there are rally/protests still going on in and around L.A., so if you live here. GO.

Seriously, you can make it happen!

Also another thing I'd like to share with you is the petition that you can sign stating that you are AGAINST Prop 8. 

Please if you care, sign this. SIGN ME! 

I still believe that we can all make a difference if we just fight for this.

If you're going to the rally's at 2PM, please stay safe!

Sam xoxo

People for Equality.

This is a video I found on YouTube filmed in West Hollywood last night showing people protesting against the recent Prop 8 passing.

It's so good to see so many people fighting for equal rights for gay people. It's moving.
I hope that their message will get through to the US government and more importantly the world because it's been a long fight on their part to get where they are today.
Having Barack Obama as US President is just the beginning of an awesome change we were long over due for, so maybe this is just a taster of things to come.

Show your support by going on to: http://www.noonprop8.com/ they are good source to follow for news on Prop 8.

I want to thank ALL that voted NO on Prop 8. It was such a close result, so it's good to know that there are thousands of people that believe in change.

Stay safe,

Sam
xoxo

Prop 8 passed - UNFAIR. UNJUST. DISAPOINTING.

   (c) Sam Wood Photography

After being so happy that Barack Obama was elected to be the US President I was constantly checking for updates on Prop 8. I waited all day only to find out that some people don't care if gay people can't marry the person that they love. That they'd prefer to reserve that basic human right of happiness for themselves. That we should "Stay Straight and Protect Marriage". It's not right. I'm disappointed to say the least, I thought we were SO ready to stop discriminating.
I found this letter on the website deviantART, and I couldn't have said it any better. I thought I'd share it with you all.

"Dear Yes on 8 supporters,

Hey there. I’m going to go out on a limb here that most of you are feeling pretty proud of yourselves right now, patting each other on the back for your near victory of 3%. It must feel good to win huh? God knows I would be proud too if I wok up to find that my vote had such an impact on thousands upon thousands of people. I must say, I’d be pretty elated over the defeat of the US’s strides for separation of church and state, the victory over the very things our fore fathers fought and died for –the things our country was founded on, Yes, I have to say, I’d be pretty enthralled with myself for the devastation of an enormous group of people, but I’m not.

I’m not because I voted no to legal discrimination; no to the idea that a religiously founded belief and opinion should have any say in the legal constitution which rules over other people who may not have the same beliefs. I voted no because I felt there was a greater need for human equality and compassion than the whims of an organized religion that practices intolerance and promotes the sub-human treatment of a group of people. I voted no because I could not bring myself to believe in the hypocrisy of a love that would deny people fundamental rights supposedly granted to everyone."

To read the letter in full (it was pretty long but the things she said just made so much sense): Dear Yes Voters letter 
 (Right click, Save As)

I hope that one day, gay people will be able to freely and legally have the same right as straight people to marry the person that they love.
There is not point in just waiting for it to happen, we need to take a stand and fight for the rights that all human beings deserve.

Thanks to all who voted NO to Prop 8.
Stay Safe,
Sam. 
xoxo

PROP 8.

Hi all, this is mainly for my American friends. If you haven't already GO AND VOTE! It's so important that YOU get your say, it's time for a change and you are the only ones that can make that possible. We all know there are loads of Propositions that will come up on the ballot, but one that affects a lot of us is Prop 8. It's so messed up that people say that we should "Protect Marriage" but what are we protecting it from? Gay people shouldn't have to get discriminated against ever, but in this day and age! It's like going back to the stone age. It's not right. I recently asked Brendan from Wheatus what he thought of Prop 8 and he said the same. People shouldn't be STOPPED from being with the person they love, LOVE IS A HUMAN RIGHT, is it not? Anyway, thats all I can say about it. But it just makes me so angry that people can be so... UNFAIR about something so natural. Stay safe and I wish you all luck with your elections. S xoxo