Connect with us

Prop 8 Unconstitutional: Marriage And Rights Groups Respond

Published

on

Upon today’s news that the Ninth Circuit has reaffirmed California’s Prop 8 unconstitutional, a flurry of responses from LGBT rights groups have come. Here’s a sampling.

Freedom to Marry

NEW YORK – Today, the U.S. 9th Circuit Court of Appeals upheld a lower court ruling that found that Proposition 8, the state constitutional amendment that stripped the freedom to marry away from gay and lesbian couples in California, violates the U.S. Constitution.

Evan Wolfson, founder and President of Freedom to Marry, the campaign to win marriage nationwide, issued the following statement in response to the ruling:

“Today’s powerful court ruling striking down the infamous Prop 8 affirms basic American values and helps tear down a discriminatory barrier to marriage that benefits no one while making it harder for people to take care of their loved ones. The Ninth Circuit rightly held that a state simply may not take a group of people and shove them outside the law, least of all when it comes to something as important as the commitment and security of marriage. We salute the American Foundation for Equal Rights, which brought this challenge to Prop 8.

“This monumental appellate decision restores California to the growing list of states and countries that have ended exclusion from marriage, and will further accelerate the surging nationwide majority for marriage. As this and other important challenges to marriage discrimination move through the courts around the country, Freedom to Marry calls on all Americans to join us in ensuring that together we make as strong a case in the court of public opinion as our legal advocates are making in the courts of law. By growing the majority for marriage, winning more states, and tackling federal discrimination – Freedom to Marry’s ‘Roadmap to Victory’ – we maximize our chances of winning when one case or another finally reaches the U.S. Supreme Court.”

Mayors for the Freedom to Marry

LOS ANGELES – Today, Mayors Michael Bloomberg of New York City, Annise Parker of Houston, Jerry Sanders of San Diego, and Antonio Villaraigosa of Los Angeles, who are all Chairs of Mayors for the Freedom to Marry, the bipartisan group of more than 130 mayors from across the nation who have pledged their support for ending marriage discrimination against gay and lesbian couples, released the following statement:

“As Mayors for the Freedom to Marry, we know how important marriage is to our neighborhoods, our cities, and our nation.  When committed couples are able to pledge their love to one another and share in the responsibilities and protections of marriage, our communities flourish and our cities are more competitive. Today’s decision by the 9th Circuit reaffirms that the American Dream is possible for everyone and brings us one step closer to ending marriage discrimination once and for all.  We look forward to a day when all of our citizens will be able to share fairly and equally in the freedom to marry.”

Evan Wolfson, founder and President of Freedom to Marry, the campaign to win marriage nationwide, added:

“America’s mayors understand why marriage matters – to loving and committed couples, to their families, to communities navigating tough economic times.  Today’s important court ruling affirms basic American values, and helps tear down a discriminatory barrier to marriage that benefits no one and make it harder for people to take care of their loved ones.”

GLAAD

Los Angeles, CA, February 7, 2012 – GLAAD, the nation’s lesbian, gay, bisexual and transgender (LGBT) media advocacy and anti-defamation organization, today applauded the U.S. Court of Appeals for the Ninth Circuit’s decision affirming the unconstitutionality of Proposition 8.

“Today’s historic decision reflects the growing support for marriage equality among a majority of Americans who believe all couples should have the same opportunity to take care of and be responsible for each other,” said GLAAD’s Acting President Mike Thompson. “Though the road to securing full equality for every American remains long, we are deeply encouraged by today’s ruling.”

HRC

WASHINGTON – The Human Rights Campaign – the nation’s largest lesbian, gay, bisexual and transgender (LGBT) civil rights organization – today praised the historic decision of the U.S. Court of Appeals for the Ninth Circuit affirming the August 2010 conclusion of U.S. Chief Judge Vaughn Walker of the U.S. District Court for the Northern District of California in Perry v. Schwarzenegger (now Perry v. Brown) that the amendment to the California Constitution barring marriage for same-sex couples, adopted in November 2008 as Proposition 8, violates the U.S. Constitution.  In a 2-1 decision authored by Judge Reinhardt, the court agreed that Proposition 8’s only purpose in denying gay and lesbian Californians the freedom to marry was anti-gay animus, something the Constitution does not permit.

“Today’s decision affirms what we all know to be true – our Constitution protects the basic civil rights of all Americans, including lesbian, gay, bisexual and transgender people,” said HRC President Joe Solmonese.  “Proposition 8 does nothing to strengthen or protect any marriage.  Instead, it singles out thousands of loving California families for different treatment, simply because they are gay and lesbian couples.  We applaud the Ninth Circuit for recognizing that our Constitution cannot tolerate such egregious discrimination.”

“We thank the courageous plaintiff couples, the American Foundation for Equal Rights, and attorneys Ted Olson and David Boies for their years of work leading to today’s decision.  This is not the end of the road, for this case or for the larger struggle for marriage equality.  We must all continue our work – in courthouses and statehouses, in church pews and living rooms – until equality is reality for LGBT people and our families everywhere.”

In response to a 2008 decision by the California Supreme Court ending marriage discrimination in the state, anti-equality forces succeeded in placing a constitutional amendment on the November ballot. Despite over 18,000 same-sex couples having married, California voters adopted the amendment, known as Proposition 8. After the California Supreme Court determined in 2009 that the adoption of Prop 8 did not itself violate the California Constitution, two plaintiff couples — Kris Perry and Sandy Stier and Paul Katami and Jeff Zarrillo – filed suit against the State of California in federal court, represented by attorneys Ted Olson and David Boies and supported by the American Foundation for Equal Rights. The proponents of Prop 8 intervened in the case to defend the constitutionality of the amendment. Judge Walker held a historic trial in January, in which the plaintiffs presented substantial testimony and evidence to show that Prop 8’s only purpose is to discriminate against same-sex couples.  His historic decision in August 2010 was appealed to the U.S. Court of Appeals for the Ninth Circuit.

The proponents of Prop 8 are now likely to appeal this decision, either to be considered by a larger panel of the Ninth Circuit (referred to as an en banc rehearing) or for review by the U.S. Supreme Court.

Family Equality Council

Washington, DC  – (Feb. 7, 2012) – Family Equality Council, the national organization that connects, supports and represents the one million families with parents who are lesbian, gay, bisexual or transgender (LGBT), today issued a statement following the decision by the U.S. Court of Appeals for the Ninth Circuit to uphold the ruling in Perry V. Brown – the  federal court case to overturn California’s Proposition 8.  The Federal Appeals Court ruled that California’s 2008 amendment banning same-sex couples from marriage is unconstitutional.

 

“Today’s decision heartens and gives hope to the 15,698 loving couples in California who are raising more than 30,000 children,” said Family Equality Council Executive Director Jennifer Chrisler.

 

“They, like all Americans, understand that while love makes a family, there is no denying that marriage strengthens it,” said Chrisler.  “These parents have raised their children to love their country, support their friends and treat their neighbors with respect.   Now they only ask for the fundamental American freedom to demonstrate their love and commitment to their family through marriage.  We join them in looking forward to the day when we can win the freedom to marry for them and all Americans.”

 

This weekend, Family Equality Council will celebrate this step forward on the journey toward the  freedom to marry and family equality for all when it honors Chad Griffin and other LGBT family advocates at the 2012 Los Angeles Awards Dinner. ( www.familyequality.org/losangeles)

 

Griffin is Co-founder and Board President of the American Foundation for Equal Rights – the group behind the effort to overturn California’s Proposition 8.

 

Courage Campaign

Los Angeles — After three years of Prop 8 weaving its way through the federal and California court system, the 9th Circuit Court of Appeals panel upheld Judge Walker’s August 2010 ruling that Prop 8 is unconstitutional. Marriage equality proponents throughout the state, including Courage Campaign members who worked valiantly to overturn Prop 8, cheered the historic decision.

The 9th Circuit did what it must: it ruled that Judge Walker is competent, not somehow diminished for being gay and it ruled that the Constitution of the United States indeed provides equal protection and due process to all Americans, not just some Americans,” said Rick Jacobs, chair and founder of the Courage Campaign, a progressive, grassroots online organization with more than 750,000 members around the country. “Having live-blogged every piece of this trial, especially in Judge Walker’s courtroom two years ago, it became patently clear that the fringe opponents of equality would never prevail. We owe a huge debt of gratitude to the dynamic duo of attorneys Ted Olson and David Boies and their colleagues at the American Foundation for Equal Rights (AFER) who took to heart that real people are hurt by Prop 8 and its evil cousins across the nation. The time for waiting has ended.”

The Courage Campaign has played a leading role in informing and organizing around the entire Prop 8 trial. The organization collected nearly 140,000 signatures in support of televising the trial — the first time the U.S. Supreme Court ever cited such an online effort in an opinion. Upon learning that the historic trial would not be televised, Jacobs live-blogged daily from the courthouse and documented every important motion and court ruling on Prop 8 Tour Tracker (www.Prop8TrialTracker.com), a project of the Courage Campaign Institute. Over the course of almost three years, the widely-read blog has logged in over four million views and 150,000 comments. It is also the #1 Google result for “Prop 8 trial.”

Courage Campaign’s Testimony: Equality on Trial project staged re-enactments of the trial, including many from the general public. It was designed to educate the public on what happened in the courtroom, more vital now since the tapes have been forever sealed from public view. Two video re-enactments were used as evidence in federal court by the legal team from AFER. The first video was staged with Academy Award-winner Marisa Tomei (playing Kristin Perry, the plaintiff in Perry v. Brown) and actor Josh Lucas.

When the California Supreme Court decided it would take six months to offer its advice to the 9th Circuit, thus adding nearly a year to the process, the Courage Campaign asked members to submit their stories on what the delay meant to them and their families. Three hundred stories came in, including one from Ed Watson and Derence Kernek in Palm Springs, a couple for over 40 years. Ed had Alzheimer’s and his health was quickly deteriorating. A video of their story prompted a front page Los Angeles Times story. Ironically, Ed died on the eve of the last Prop 8 hearing in the 9th Circuit.

The decision made by the 9th Circuit, to be honest, is a bittersweet one for me,” said Mr. Kernek, who still lives in Palm Springs. “I know that my partner of 41 years, Ed, would’ve been thrilled to have heard the news. He missed it by less than two months because he passed away in December. Even as he took his last dying breaths, Ed spoke of wanting to marry me. Even though he did not get his last wish, I am heartened to know that other gay couples who love each other will be able to take sacred vows and fully commit their lives to one another. And that makes it a glorious day for gay people in California.”

SLDN

(Washington, D.C.) Army Veteran and SLDN Executive Director Aubrey Sarvis released the following statement regarding today’s ruling on Proposition 8 by the Ninth Circuit:

“SLDN welcomes today’s important ruling by the Ninth Circuit affirming the lower court decision that Proposition 8 is unconstitutional; indeed, fairness and equality have carried the day. This victory strengthens our case on behalf of married gay and lesbian service members and veterans as we seek to gain equal recognition, support, and benefits for them and their families.  This is an historic win for supporters of full equality in the military and in our country,” said Sarvis.

Transgender Law Center

Transgender Law Center Celebrates Appeals Court Ruling Striking Down
Prop 8

Today the Ninth Circuit Court of Appeals issued a ruling in the Perry
v. Brown case holding that California’s Proposition 8, which
restricted marriage in the state to different-sex couples, is
unconstitutional. The appeals court also squarely rejected the
argument made by Prop 8’s sponsors that the trial court judge who
issued the initial decision finding Prop 8 unconstitutional should
have been required to recuse himself from the case because he is gay
and in a long-term relationship.

Statement by Transgender Law Center Executive Director Masen Davis:

“We’re thrilled that today the Ninth Circuit reaffirmed that under our
constitution, all loving couples must be allowed to marry, regardless
of the gender of either partner. The state should not be in the
business of policing who can marry based on gender. I’m optimistic
that full equality for all our families is on the horizon.”

 

National Gay And Lesbian Task Force

Task Force Executive Director Rea Carey in response to today’s historic ruling:
“The court’s ruling affirms what millions of people all across the country already know — loving, committed same-sex couples and their families should be able to share in the celebration and responsibilities of marriage. People from every background and every circumstance get this; they understand because being able to marry the one you love and care for your family are shared values that strike at the very core of who we are as a people. Denying loving couples and their families something so fundamental is to deny our common humanity. Congratulations to the plaintiffs and their families. This is a great day for them, for all Californians, and for all Americans.”

 

NOM, the National Organization For Marriage

NOM Condemns Ninth Circuit Ruling Finding Prop 8 Unconstitutional, Imperiling the Marriage Laws of 43 states

Group will support efforts to take the issue to the US Supreme Court

WASHINGTON, D.C. — “As sweeping and wrong-headed as this decision is, it nonetheless was as predictable as the outcome of a Harlem Globetrotters exhibition game,” said Brian Brown, NOM’s president. “We have anticipated this outcome since the moment San Francisco Judge Vaughn Walker’s first hearing in the case. Now we have the field cleared to take this issue to the US Supreme Court, where we have every confidence we will prevail.”

San Francisco federal court judge Vaughn Walker ruled in 2010 that Proposition 8 violates the 14th amendment of the US Constitution. If allowed to stand, the ruling could invalidate the marriage laws of 43 states that define marriage as the union of one man and one woman. The case is widely expected to go to the US Supreme Court for resolution.

In their 2-1 split decision, the Ninth Circuit opinion [PDF] written by Judge Stephen Reinhardt, held that:

• The proponents of Proposition 8 have the legal standing to appeal the lower court’s ruling, as suggested by an earlier ruling of the California Supreme Court;
• Judge Vaughn Walker did not have a duty to disclose that he was in a long-term committed homosexual relationship throughout the time he was hearing and deciding the case;
• The US Supreme Court ruling in Baker v Nelson, which found there is no federal constitutional right to same-sex marriage, does not preclude this challenge to Proposition 8;
• Laws enacted that particularly impact same-sex couples are subject to “heightened scrutiny” legal analysis;
• Under a heightened scrutiny analysis, Proposition 8 violates the 14th Amendment’s equal protection clause and is thus unconstitutional.

“Never before has a federal appeals court – or any federal court for that matter – found a right to gay marriage under the US Constitution,” said constitutional scholar John Eastman, who is chairman of NOM. “The Ninth Circuit Court of Appeals is the most overturned circuit in the country, and Judge Stephen Reinhardt, the author of today’s absurd ruling is the most overturned federal judge in America. Today’s ruling is a perfect setup for this case to be taken by the US Supreme Court, where I am confident it will be reversed. This issue is the Roe v Wade of the current generation, and I sincerely doubt the Court has the stomach for preempting the policy judgments of the states on such a contentious matter, knowing the lingering harm it caused by that ruling.”

Eastman is the founding Director of the Center for Constitutional Jurisprudence at the Claremont Institute and is a constitutional law professor and former Dean at Chapman University School of Law. A former US Supreme Court Clerk, Eastman has participated in over 60 cases before the US Supreme Court.

 

Image of San Francisco march today, by Will Kane via Twitter.

Continue Reading
Click to comment
 
 

Enjoy this piece?

… then let us make a small request. The New Civil Rights Movement depends on readers like you to meet our ongoing expenses and continue producing quality progressive journalism. Three Silicon Valley giants consume 70 percent of all online advertising dollars, so we need your help to continue doing what we do.

NCRM is independent. You won’t find mainstream media bias here. From unflinching coverage of religious extremism, to spotlighting efforts to roll back our rights, NCRM continues to speak truth to power. America needs independent voices like NCRM to be sure no one is forgotten.

Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure NCRM remains independent long into the future. Support progressive journalism with a one-time contribution to NCRM, or click here to become a subscriber. Thank you. Click here to donate by check.

RIGHT WING EXTREMISM

Watch: Nazis and Proud Boys Clash With Anti-Fascists Outside Texas Church Hosting Drag Queen Bingo

Published

on

Authorities from the Texas Department of Public Safety and the Harris County Sheriff’s Department responded to an anti-LGBTQ protest outside a Texas church on Saturday.

“First Christian Church Katy is hosting a drag bingo fundraiser benefiting the ministry’s Transparent Closet, a free boutique aimed at helping young people in the LGBTQ community in the largely conservative west Houston suburb,” Jay R. Jordan reported for Axios on Friday. “Protect Texas Kids, led by North Texas’ self-described “Christian fascist” Kelly Neidert, plans to protest outside the church, according to a Facebook event from the group.”

The report noted anti-fascist activists were planning a counterprotest.

“Neidert’s protests have drawn support from neo-Nazis and other anti-LGBTQ groups,” Axios reported. “Men in Nazi regalia and alleged Proud Boys wearing Buc-ee’s masks joined Neidert’s protest outside a drag brunch at Hamburger Mary’s downtown in July.”

On Saturday, Jordan posted a video clip from the scene.

“Proud Boys and Kelly Neidert’s Protect Texas Kids are in Katy, Texas, protesting a drag bingo fundraiser at First Christian Church. PB and Houston antifascists just clashed. Heavy police presence dividing the two groups now,” he reported.

He noted “Houston’s Nazis” had arrived and police formed a line between the two sides.

“The group of Nazis appear to be leaving the protest, sporting for the first time today a flag with a swastika. Proud Boys and Patriot Front have also left,” he reported.

Watch below or at this link:

 

Image: Proud Boys in Washington, D.C. (Johnny Silvercloud / Shutterstock.com)

Continue Reading

News

‘Pretty Big ‘A-Ha’ Moment’: J6 Staffer Reveals White House Switchboard Called Rioter’s Cell Phone During Insurrection

Published

on

On Friday, 60 Minutes revealed that Denver Riggleman, a key staffer for the House Select Committee on January 6, discovered the White House switchboard patched through to the phone of a Capitol rioter — while the attack was in progress.

“Riggleman, an ex-military intelligence officer and former Republican congressman from Virginia, oversaw a data-driven operation for the January 6 committee, pursuing phone records and other digital clues tied to the attack on the Capitol. He stopped working for the committee in April,” reported Keith Zubrow.

“You get a real ‘a-ha’ moment when you see that the White House switchboard had connected to a rioter’s phone while it’s happening,” said Riggleman to 60 Minutes’ Bill Whitaker. “That’s a big, pretty big ‘a-ha’ moment.”

He added that “I only know one end of that call. I don’t know the White House end, which I believe is more important. But the thing is the American people need to know that there are link connections that need to be explored more.”

This comes after a series of damning revelations about the involvement and support of former President Donald Trump in encouraging the people storming the Capitol.

One of the biggest allegations to come out of the public hearings by the select committee was the claim by former White House staffer Cassidy Hutchinson that Trump demanded the rioters be allowed onto the premises because “they’re not here to hurt me” — and that he lunged at his security detail in the car after they refused to take him to the Capitol to join the attackers.

Continue Reading

RIGHT WING EXTREMISM

Watch: Torba Warns GOP to Not ‘Disavow or Condemn Us’ Because ‘Christian Nationalists Are the Republican Party’

Published

on

Far right wing extremist, Christian nationalist, antisemite Andrew Torba, the founder of Gab, the social media platform that is popular with white supremacists, is telling the Republican Party that “80 percent” of its base is Christian nationalists, and warns them to not “condemn” or “disavow” them.

Torba has ties to far right Christian nationalist Doug Mastriano, the Republican party’s nominee for governor of Pennsylvania. Torba has also “endorsed” Arizona GOP secretary of state nominee Mark Finchem, an election-denier and member of the far-right antigovernment group Oath Keepers, and election-denying Arizona GOP state Senator Wendy Rogers.

“We have the numbers, we are the majority. And we are done being the footstool. We are going to wake up the body of Christ in this country. And we’re going to do something about you castrating our children, about you sexually indoctrinating them in the schools, about, you know, taking over our culture and taking over our government and sending all of our money to foreign countries and allowing our border to be invaded,” he says in video published by Right Wing Watch.

READ MORE: ‘Pledging to Sue’: Christian Nationalist GOP Nominee Subpoenaed by J6 Committee ‘Didn’t Answer a Single Question’

Gab is home to QAnon and “great replacement” conspiracy theorists, Trump supporters, MAGA and ultra MAGA extremists, white Christian nationalists, white supremacists, antisemites, and anti-LGBTQ extremists.

“We’re done,” Torba continues in his rant.

“We’re done with it, and we’re going to step up and we’re going to rebuild this fallen and corrupt society from scratch, just as Christians have done many times before. And yes, we absolutely are going to get involved in public discourse and in politics, and you’re not going to shut us up,” Torba declared.

“And it’s a message to the Republican party too that they are not to disavow us,” he warned. “They are not to condemn us, because we are 80% of the Republican Party. Christian nationalists are the Republican Party, and they’re going to start doing the will of God,” he says, appearing to order the Republican Party to meet his demands.

READ MORE: ‘Seize the Power’: Christian Nationalist Doug Mastriano Prayed MAGA Would ‘Rise Up’ Against the Gov’t on 1/6 (Video)

“And they’re going to start, you know, supporting biblical policies, and they’re going to start, you know, fighting back against this and not being complacent or they’re going to get out of the way and we’re going to go in there and we’re going to do it ourselves. Those are their two choices.”

Torba has appeared on Tony Perkins’ Washington Watch show. Perkins is the longtime head of the Family Research Council, which appears on the Southern Poverty Law Center’s list of anti-LGBTQ hate groups.

Last week Jewish Insider reported on an “obscure new book calling for the construction of ‘a parallel Christian society’ to replace ‘the failed secular state'” that seemed to be “performing surprisingly well on Amazon.”

That book, Christian Nationalism: A Biblical Guide for Taking Dominion and Discipling Nations, was written by Torba.

Last month the House Committee on Oversight sent Torba a letter “regarding your company’s response to the surge of online threats against law enforcement following the execution of a court-authorized search warrant by the Federal Bureau of Investigation (FBI) at former President Trump’s Mar-a-Lago Club.”

READ MORE: Marjorie Taylor Greene’s ‘Christian Nationalist’ Declaration Is ‘Alarming’ Says Religious Liberty Executive

“We are concerned that reckless statements by the former President and Republican Members of Congress have unleashed a flood of violent threats on social media that have already led to at least one death and pose a danger to law enforcement officers across the United States. We urge you to take immediate action to address any threats of violence against law enforcement that appear on your company’s platforms,” the letter reads.

But that letter also said, “On August 15, a Pennsylvania man was arrested and charged with making threats of violence against FBI personnel. He wrote on the social media platform Gab, ‘If You Work For The FBI Then You Deserve To Die.’ He also wrote, ‘Every single piece of shit who works for the FBI in any capacity, from the director down to the janitor who cleans their fucking toilets deserves to die. You’ve declared war on us and now it’s open season on YOU.'”

Watch below or at this link:

 

 

 

Continue Reading

Trending

Copyright © 2020 AlterNet Media.