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Breaking News: California Supreme Court to hear Prop. 8 arguments


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California Supreme Court to hear Prop. 8 arguments
By Maura Dolan and Jessica Garrison
February 4, 2009
Original article from the Los Angeles Times

Reporting from San Francisco -- The California Supreme Court announced Tuesday that it would hear arguments March 5 over the constitutionality of Proposition 8, the November ballot measure that reinstated a ban on same-sex marriage.

The court's decision in the case will come within 90 days of the three-hour hearing, which will be held in San Francisco and broadcast live on the California Channel. In addition to hearing challenges to Proposition 8, the court will consider the fate of 18,000 same-sex marriages that occurred before the November election.

Kate Kendell, executive director of the National Center for Lesbian Rights said it was unusual for the court to hold a hearing so soon after obtaining written arguments. The court received final briefs late last month.

Tuesday's announcement gave her "that clench in your stomach where it actually now makes it real," Kendell said.

The court has been inundated with friend-of-the-court arguments in the case.
Forty-three groups representing civil rights activists, legal scholars, labor unions, bar associations, state legislators and religious organizations have filed written arguments asking that Proposition 8 be overturned.

Twenty organizations, including religious and legal groups, have argued that the measure should be upheld.

The record number of such briefs filed in a state high court case was 68, and those came in the case that led to the court's historic May 15 ruling in favor of same-sex marriage. Proposition 8 restored the marriage ban.

Gay rights lawyers and the city of San Francisco contend that the ballot measure was an illegal revision of the state Constitution. It is a novel argument that required the attorneys to try to distinguish Proposition 8 from other cases in which the court rejected revision challenges.

California Atty. Gen. Jerry Brown also asked the court to overturn the proposition, but on other grounds. He argued that "inalienable rights" cannot be eliminated without compelling reasons, an argument that, if accepted by the court, would make major new law in California.

UC Berkeley emeritus law professor Stephen Barnett said Tuesday that both challenges were "long shots."

"Brown's is stronger because it has never been tried before, so it's got that going for it, whereas there is a lot of law about what's a constitutional revision," he said. Still, Barnett said he doubted that the moderate, Republican-dominated court would adopt Brown's theory because he said it could have far-reaching consequences.

Even if Proposition 8 is upheld, the court could rule that existing same-sex marriages remain valid. Legal scholars say gay rights lawyers have more ammunition for preserving the marriages than for overturning the ban.

According to final fundraising reports filed this week, both sides in the battle over the ballot measure together raised $83 million -- the most ever for an electoral fight over a social issue in California.

The final tallies for money spent through Dec. 31 show that opponents of the measure raised $44,103,525, while supporters took in $38,766,260.

Supporters of the proposition went to court to ask that no more names and addresses of donors to their campaign be made public because they said some contributors were being harassed and threatened. A federal judge disagreed and made the filings public.

The most recent reports showed that the Church of Jesus Christ of Latter-day Saints donated more than $180,000 in in-kind contributions to the campaign for Proposition 8.

The contributions included tens of thousands of dollars for expenses such as airline tickets, hotels, restaurants and rental cars for top church officials, including L. Whitney Clayton, a church elder.

The church also reported $96,849.31 in contributions consisting of "compensated staff time" for church employees.

maura.dolan@latimes.com



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Hothulagurlzzz 100,000 Person March to San Francisco, CA 10 Mar 4 2009, 9:26 AM EST by nickmat
Thread started: Feb 25 2009, 2:16 AM EST  Watch
Come Out! Come Out!
Be Seen! Be Heard!
Thursday, March 5, 8am-1pm
(w/ candlelight vigil March 4, 5pm-7pm)

READ MORE: http://www.100000march.org/sfmarch.html
Youtube promo ad: http://www.youtube.com/watch?v=1T5EwFoOgUI
Facebook group: http://www.facebook.com/event.php?eid=68292490618
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KansasDorothy Remember that the CA Supreme Court is NOT the last voice 1 Feb 26 2009, 12:41 AM EST by San_Diego_Dave
Thread started: Feb 25 2009, 6:10 PM EST  Watch
Please don't take me for a wet blanket, but I wanted people to remember that the options for acheiving equality do not end with the Supreme Court, fortunately. Every rally and demonstration should take a larger view -- we are demonstrating that we will not be silenced No Matter What. We are winning hearts and minds for the long term.

I feel I have to interject this note because the chances with the Court are slender. I am an attorney and familiar with the procedures of the Court and its politics as well. The LA Times article above is quite realistic in its description of the legal arguments and their potential for success.

Also, demonstrations on the day of oral argument will have no direct effect on the outcome of the decision as that decision is already written. The Court writes its majority (and most dissenting) opinions well before oral argument on the basis of the written briefs which have been submitted weeks ago. Oral argument is largely a formality because it is limited to the issues raised in the briefing. I can count on one hand the number of times in the last 20 years the Court has changed the majority position after oral argument, and then only because of additional written briefing requested by the Court. If the Court makes such a request in this case, it is a good sign. Absent that, it is very unlikely that Prop. H8 will be overturned. Demonstrations, threats of recall, or outside pressure have not affected the Court before and it will not now.

Please don't shoot the messenger -- I just wanted to warn all the good hearts here, with good intentions, not to think that their efforts are in vain. Short term, it may be futile, but as in any civil rights movement, long term goals and effects are cumulative.

Start the efforts now for a new proposition. Start pressuring CA and Federal legislators now (they DO react to the public, unlike the Court) for equality legislation.
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harliquin_50 RE: Gay Rights 0 Feb 15 2009, 1:44 PM EST by harliquin_50
Thread started: Feb 15 2009, 1:44 PM EST  Watch
I'm a firm beliver that all GLBT's should have equal rights to marriage.Marriage should not be just for the hetrosexual community.TheGBLT' community needs to have rights.. Prop 8 was on the ballad and was shot down by those who think tht same sex marriage is taboo.This is the 21st.century not midevel times.Nor the 50's-70's..Next election if Prop.8 appears i suggest to those who are against same sex marriage to get a life.We have the same rights to marry !!!!For those who don't like same sex marriages tough......... We;re human too!!!!!!!!!!!!
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