Tag: Prop 8

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California: Protect Marriage files petition for continued enforcement of Prop 8

The haters at Protect Marriage have filed a petition to continue enforcement of Prop 8 in California:

Moments ago, we filed a new petition in the California Supreme Court against all of California’s 58 county clerks, and state officials, seeking to restore the enforcement of Proposition 8, the state’s constitutional amendment limiting marriage to a man and a woman. The undeniable fact is, the man-woman definition of marriage, as passed by a majority the voters, is still a valid part of our state constitution.

Yet county clerks statewide are lawlessly defying that law by issuing gender-neutral marriage licenses. We are asking California’s Supreme Court to restore the rule of law and the public’s confidence in the integrity of the initiative process.

The action we filed today contends that at least 56 of the 58 county clerks must continue to follow Proposition 8 because they were not parties to the recent federal lawsuit against Prop 8, and that the state’s governor and attorney general have no legal authority to order local county clerks to disregard the state constitution.

Our petition also reminds the justices that our opponents, the attorneys for the plaintiffs who challenged Prop 8, have repeatedly admitted that the 56 county clerks not involved in their case “are not directly bound by the injunction” issued by a single San Francisco judge against Prop 8. In fact, “super-lawyer” David Boies told the courts that “the scope of the injunction is quite limited”, and at least the 56 county clerks would remain free to “refuse a marriage license to a same-sex couple…without violating the injunction.”

This will result in nothing. The kids at Protect Marriage are just out to cause further misery at this point.

You can read the whole petition from Protect Marriage by clicking here.

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Paula Deen’s legal team attempting to use Prop 8 decision to have lawsuit dismissed

Well, here’s a novel courtroom defense: Paula Deen’s lawyers are attempting to use last weeks Prop 8 decision from SCOTUS to have the lawsuit against her and her brother dismissed.

From the Advocate:

A former employee is suing Deen and her brother Earl “Bubba” Hiers for reportedly racist and sexist behavior in the workplace, their restaurant, Uncle Bubba’s Seafood and Oyster House in Savannah, Ga. However, Deen’s lawyers claim that the complainant is a white woman, so she does not have standing in court to claim that she was affected by racism, Politico reports.

The lawyers are using the Supreme Court’s decision to dismiss Perry v. Hollingsworth last week, declaring that the proponents of Proposition 8 did not have legal standing to appeal the case in court.

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Brian Brown is rilly, rilly angry about gays getting married again in California

Brian Brown of NOM is super-duper mad that the gays can get married again in California:

In a case that has been marked by judicial arrogance and, frankly, lawlessness since the beginning, three judges of the Ninth Circuit Court of Appeals late Friday lifted their stay which had been in effect since a trial judge had ruled against Proposition 8.

Same-sex couples began being ‘married’ in California when state officials illegitimately declared Proposition 8 was no longer in force and ordered county clerks to issue marriage licenses to gay and lesbian couples immediately!

This, despite the fact that the US Supreme Court decision does not take effect for three more weeks.

It’s another sad example of the utter disregard for the rule of law and judicial propriety by those who swear an oath to uphold the laws of California, and the nation.

It would appear that the desire to impose same-sex marriage by some public officials trumps integrity, fairness, propriety, and even the rule of law. All Americans should be outraged!

This is quickly followed up with a “counting on your $upport” request for more money….

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Prop 8 plaintiffs get married in California

Proposition 8 plaintiffs Kris Perry and Sandy Stier were married in an ceremony officiated by Attorney General Kamala Harris on the mayor’s balcony at City Hall in San Francisco at approximately 4:45 yesterday afternoon.

And at 6:15pm, Paul Katami and Jeff Zarillo were married at L.A. City Hall in an emotional ceremony officiated by L.A. Mayor Antonio Villaraigosa.

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(all photos via AFER)

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California moves fast – same-sex marriage can begin immediately

The 9th Circuit Court of Appeals has dissolved a stay on Judge Walker’s injunction in California and gay and lesbian couples can begin marrying immediately.

From the AP:

The 9th U.S. Circuit Court of Appeals issued a brief order Friday saying it’s lifting the stay it imposed while a lawsuit challenging California’s gay marriage ban worked its way through the courts.

That means same-sex marriages can resume in the state for the first time since 2008.

Here’s the celebration statement from the Human Rights Campaign:

“After four and a half long and painful years, justice for committed gay and lesbian couples has finally been delivered. In California, a time of struggle and indignity are over, and love, justice and freedom begin anew. And now, no election, no judge – no one – can take this basic right away. At long last, marriage has finally returned to the most populous state in the nation.

“Kris Perry and Sandy Stier’s twin sons were just starting high school when their moms’ right to marry was taken away, now, as they prepare to start college, they will finally see their family recognized in the eyes of their state and their country. Paul Katami and Jeff Zarrillo, now free to marry, can finally plan the family they’ve always wanted. Thousands upon thousands of lives are about to change for the better, for good. And young LGBT people across the Golden State will can today look forward to a future where they are truly and fully equal.

“Today is a day of profound celebration, but tomorrow – and every day from here on out – we will fight until joy, dignity, and full equality in all its forms reach each and every corner of this vast country.”

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California Gov. Brown says same-sex marriage should begin ASAP

California Governor Jerry Brown issued this statement today on the Supreme Court ruling on Proposition 8:

“After years of struggle, the U.S. Supreme Court today has made same-sex marriage a reality in California. In light of the decision, I have directed the California Department of Public Health to advise the state’s counties that they must begin issuing marriage licenses to same-sex couples in California as soon as the Ninth Circuit confirms the stay is lifted.”

The Governor’s office adds:

The effect of today’s U.S. Supreme Court ruling is that the 2010 federal district court’s decision that Proposition 8 is unconstitutional is left intact and the law cannot be enforced.

In response, the Governor has directed the California Department of Public Health to advise county officials today that the district court’s injunction against Proposition 8 applies statewide and that all county clerks and county registrar/recorders must comply with it. However, same-sex Californians will not be able to marry until the Ninth Circuit Court of Appeals confirms the stay of the injunction, which has been in place throughout the appeals process, is lifted.

In preparation for this outcome, Governor Brown sought an opinion from California Attorney General Kamala D. Harris on whether the state, through the California Department of Public Health, can advise county clerks and registrar/recorders that they are bound by the federal district court’s ruling that Proposition 8 is unconstitutional.

The Attorney General concluded that the California Department of Public Health “can and should” instruct county officials that they “must resume issuing marriage licenses to and recording the marriages of same-sex” couples. The Department will issue another letter to county officials as soon as the Ninth Circuit Court of Appeals confirms the stay is lifted.

(via Towleroad)

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President Obama reacts to SCOTUS decisions on marriage equality

President Barack Obama reacted Wednesday to the Supreme Court’s decision striking down the Defense of Marriage Act and invalidating Proposition 8 by releasing the following statement:

I applaud the Supreme Court’s decision to strike down the Defense of Marriage Act. This was discrimination enshrined in law. It treated loving, committed gay and lesbian couples as a separate and lesser class of people. The Supreme Court has righted that wrong, and our country is better off for it. We are a people who declared that we are all created equal – and the love we commit to one another must be equal as well.

This ruling is a victory for couples who have long fought for equal treatment under the law; for children whose parents’ marriages will now be recognized, rightly, as legitimate; for families that, at long last, will get the respect and protection they deserve; and for friends and supporters who have wanted nothing more than to see their loved ones treated fairly and have worked hard to persuade their nation to change for the better.

So we welcome today’s decision, and I’ve directed the Attorney General to work with other members of my Cabinet to review all relevant federal statutes to ensure this decision, including its implications for Federal benefits and obligations, is implemented swiftly and smoothly.

On an issue as sensitive as this, knowing that Americans hold a wide range of views based on deeply held beliefs, maintaining our nation’s commitment to religious freedom is also vital. How religious institutions define and consecrate marriage has always been up to those institutions. Nothing about this decision – which applies only to civil marriages – changes that.

The laws of our land are catching up to the fundamental truth that millions of Americans hold in our hearts: when all Americans are treated as equal, no matter who they are or whom they love, we are all more free.