Founded in 1999 by hate leader Randy Thomasson.
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In it, she argued that only public officials exercising the executive power of government have authority to represent the state when laws passed by voters or the Legislature are challenged.I greatly appreciate Kamala's firm stance on this issue. I'm glad she is fighting for us.
“California law affords an initiative’s proponents no right to defend the validity of a successful initiative measure based only on their role in launching an initiative process,” Harris wrote.
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Harris contended in her brief that rather than empowering citizens, granting the sponsors of initiatives the ability to overrule the governor and attorney general’s judgment “would rob the electors of power by taking the executive power from elected officials and placing it instead in the hands of a few highly motivated but politically unaccountable individuals.”
Chief U.S. District Judge James Ware said Wednesday he was fast-tracking the motion involving his retired predecessor, former Chief Judge Vaughn Walker.Basically, the haters think Walker was being unfair. Interesting, considering that they are being bigots about all of this. That's unfair.
Lawyers for the sponsors of the voter-approved ban asked Ware to vacate Walker's August 2010 decision overturning the ban as a violation of gay Californians' civil rights.
Backers of Proposition 8 said Walker should have recused himself or disclosed his relationship status before trial to avoid the appearance of a conflict of interest.
The judge, who left the bench at the end of February, recently revealed that he has been in a relationship with the same man for 10 years, but said he never considered removing himself from the case.
If implemented, the measure, which would revise social science textbooks, could have effects beyond California. The state is a major purchaser of educational texts, and publishers often produce books tailored to California that other states use as well.
The proposal would require that social science texts and other instruction include "a study of the role and contributions of lesbian, gay, bisexual and transgender Americans … to the economic, political and social development of California and the United States of America, with particular emphasis on portraying the role of these groups in contemporary society."
"In light of the ongoing and ever-threatening phenomenon of bullying and the tragic result of suicides, it seems to me that better informed students might be more welcoming in their approach to differences among their classmates," Leno said in an interview. "Students would better understand that we are talking about a civil rights movement."
Some gay high school students said they welcomed Leno's effort, which they said would make them feel less isolated. It would show that non-heterosexuals "have contributed to the U.S. in significant ways," said a 17-year-old at Bell High School.
This morning, the Ninth Circuit Court of Appeals denied a motion to vacate the stay pending appeal.
Federal Judge Vaughn Walker ruled last year that Proposition 8 was unconstitutional and ordered that same-sex weddings be allowed to resume.
That decision was appealed to the Ninth Circuit, where the case is tied up on a legal question the panel asked the California Supreme Court to rule upon: Do Prop. 8 sponsors have legal standing to defend the law in court when the state will not.
The order was filed by judges Stephen R. Reinhardt, Michael Daly Hawkins and N. Randy Smith.
The order says: “Having considered all of the factors set forth in Nken v. Holder, 129 S. Ct. 1749, 1756 (2009), and all of the facts and circumstances surrounding Plaintiffs’ motion to vacate the stay pending appeal, as well as the standard for vacatur set forth in Southeast Alaska Conservation Council v. U.S. Army Corps of Engineers, 472 F.3d 1097, 1101 (9th Cir. 2006), we deny Plaintiffs’ motion at this time.”More to come.
In one instance, a Paloma Valley High School student alleged a teacher wrote an "S" on her hand and called her "a sinner." In another, a student group says it was barred from doing an activity for gay and lesbian history month, though an ethnic student group could. An openly gay senior says he was unfairly disciplined after a dispute with a classmate who he says harassed him.The "S" marking part is really bothering me. I hope that alleged incident is being addressed and dealt with immediately! If teachers are a part of this mess, they need to be fired!
Teachers and students took their concerns to Paloma Valley administrators, the school board and the ACLU. District officials say they are addressing the complaints.
"We take them very, very seriously," said Leslie Ventuleth, spokeswoman for the Perris Union High School District and its chief human resources officer.
District officials have taken several steps to improve the climate at Paloma Valley, Ventuleth said. The school now has a Peer Leadership Uniting Students program, which encourages students to intervene if they see harassment or bullying. The school also held recent anti-bullying assemblies.
District officials are considering more anti-bullying training for students and staff and working to expand programs to other district high schools, Ventuleth said.
As a result, the attorneys are urging a federal appeals court to keep blocking same-sex unions while it considers the constitutionality of the ballot measure known as Proposition 8.Good grief.
The lawyers said in court papers filed Monday that the rationale for keeping the voter-approved ban in effect is the same now as it was last summer, when the 9th U.S. Circuit Court of Appeals put a trial judge's order overturning Proposition 8 on hold.
Lawyers for two gay couples are asking the 9th Circuit to let same-sex marriages resume in California.
In arguments filed with the U.S. 9th Circuit Court of Appeals, Harris asked the court to lift a hold on a federal court order directing the state to permit gays to marry. U.S. District Judge Vaughn R. Walker, who served on the bench in San Francisco, ruled that the marriage ban violated constitutional rights to due process and equal protection.
Harris' argument follows a decision by the California Supreme Court to consider a question in the case that could put off a final resolution in the 9th Circuit for more than a year.
"For 846 days Proposition 8 has denied equality under law to gay and lesbian couples," Harris told the court. "Each and every one of those days, same-sex couples have been denied their right to convene loved ones and friends to celebrate marriages sanctioned and protected by California law."
The federal appeals court recently asked the California Supreme Court to rule on whether the proponents of Proposition 8 have legal standing to defend the initiative in court when state officials refuse to do so. Last year, Attorney General Edmund G. Brown Jr. opposed imposition of the stay, pending appeal.Do it, girl!

The Ninth Circuit is fast-tracking the appeal in this case. The three-judge panel should hear arguments in San Francisco in the first week of December. That may sound more like the glacial pace of a snail hitching a ride on the back of a turtle, but in a system where regularly scheduled appeals can take more than a year to be calendared for oral argument, this schedule is Bugs Bunny fast.
The court’s order specifically asked both sides to address the issue of standing.
Standing is a fancy legal word for the right to appeal. And, in this case, there is a substantial question as to whether the Prop. 8 proponents have standing to appeal to the Ninth Circuit.
Normally, the only party that has the right to appeal is the party that was hurt by the lower court’s ruling – namely, when a party has to pay a sum of money or stop violating a law or, in this case, start issuing marriages licenses to same-sex couples.
But, the State of California issues marriage licenses, not a group of anti-gay marriage advocates and citizens. Since Gov. Arnold Schwarzenegger and Attorney General Jerry Brown opposed the stay and do not want to appeal Judge Vaughn Walker’s ruling, the parties left to appeal are those not affected by Judge Walker’s order.
The Ninth Circuit is clearly curious about this problem, as well. The judges are wondering how someone not covered or affected by an order have the right to appeal that order.
And
This is a battle. Instead of wasting energy ranting and raving, let's prepare for the long haul. Freedom isn't Free.Source URL: http://americanendeavor.blogspot.com/search/label/CaliforniaThis appeal is just one in a series of steps necessary to win marriage equality rights. While it may be frustrating to wait to exercise our fundamental rights, we are not just in this fight for California.
If this case ended with Judge Walker’s order, we would have marriage equality in California, but it would be of limited precedential weight across the country. Having the imprimatur of an appellate court or, ultimately, the U.S. Supreme Court, will do more to advance the cause of marriage equality than one district court order.

U.S. district judge Vaughn R. Walker will issue a Thursday morning ruling on whether to stay a decision in the Proposition 8 federal case pending appeal, according to a late Wednesday e-mail from the court. The ruling will be issued between 9 a.m. and noon Pacific time.
If Walker rules against the stay, the state of California will presumably allow same-sex couples to wed once again. Such unions have been illegal since voters in the state passed Prop. 8 in November 2008.
Let's hope for the best!

Supporters of California's gay marriage ban filed an appeal Thursday of a federal judge's ruling striking down the voter-approved law. The appeal to the 9th U.S. Circuit Court of Appeals was expected, as lawyers on both sides of the legal battle repeatedly vowed to carry the fight to a higher court if they lost.That's a group to attack. CA GetEQUAL, go get them.
On Wednesday, a federal judge in San Francisco overturned California's Proposition 8, which restricts a marriage to one man and one woman. U.S. District Court Judge Vaughn Walker ruled the law violates federal equal protections and due process laws.
The 9th Circuit court has no deadlines to hear the case, which will be randomly assigned to a three-judge panel. It's expected that the panel will order both sides to submit written legal arguments before scheduling a hearing.
The appeal was filed by Protect Marriage, a coalition of religious and conservative groups that sponsored Proposition 8 and wound up defending it after California Gov. Arnold Schwarzenegger and Attorney General Jerry Brown refused.

CALIFORNIA BIG CITIES
LOS ANGELES: 6 p.m. | West Hollywood Park | 647 N. San Vicente
SAN DIEGO: March: 6 p.m. @ 6th & University | Rally: 7 p.m. @ LGBT Community Center | 3909 Centre St
SAN FRANCISCO: 5 p.m. | Castro & Market | March to City Hall | Rally: 6:45 p.m.
SACRAMENTO: 6 p.m. | Party | K & 21st | In the unlikely event Judge Walker rules against teh gay, there will be a march to the Capitol
SAN JOSE: 6 p.m. | Billy DeFrank Center | 983 the Alameda
LONG BEACH: 6 p.m. | Bixby Park | Junipero & Cherry @ Broadway
CALIFORNIA
BAKERSFIELD: 5 p.m | Outback Steakhouse | Stockdale Hwy & Village Lane
CONCORD: 6 p.m. | Todos Santos Plaza | Willow Pass & Grant
FRESNO: 7:30 p.m. | City Hall
INLAND EMPIRE (Rancho Cucamonga): 6 p.m. | Day Creek Blvd & Foothill Blvd
MARTINEZ: 6 p.m. | County Clerk | 822 Main St
MOUNTAIN VIEW: 6 p.m. | Caltrain Station & City Hall | 500 Castro St
NAPA: 6 p.m. | Veterans Memorial Park
ORANGE COUNTY (Santa Ana): 7 p.m. | Sasscer Park | 4th & Ross
PALM SPRINGS: 7 p.m. | Courthouse | 3255 E. Tahquitz Canyon Way
PITTSBURGH: 7 p.m. | Community Presbyterian Church
PORTERVILLE: 5 p.m. | SaveMart | Henderson & Port
RICHMOND: 6 p.m. | City Hall | 450 Civic Center Plaza
SAN LUIS OBISPO: 5:30 p.m. | Mission Plaza Amphitheater
SAN MATEO: 6 p.m. | 5th & El Camino Real
SANTA BARBARA: 7 p.m. | Jill's Place | 632 Santa Barbara St
SANTA ROSA: 7:30 p.m. | City Hall | 100 Santa Rosa Ave
UKIAH: 6 p.m. | Alex Thomas Plaza | 295 S. State St
VALLEJO: 5:30 p.m. | Ferry Terminal | Mare Island Way & Georgia St
WALNUT CREEK: 6 p.m. | City Hall | 1666 N. Main St
OTHER STATES
ATLANTA: 6 p.m. | 10th & Piedmont
AUSTIN: 5:30 p.m. | City Hall
BOSTON: 6 p.m. | Copley Square @ Copley T stop on Boylston St
BOULDER: 6:30 p.m. | Pride House | 2132 14th St
CHAMPAIGN-URBANA (IL): 7 p.m. | Green & Wright
CHARLOTTESVILLE (VA): 6 p.m. | City Hall | Free Speech Wall on the Downtown Mall side
CHICAGO: 6 p.m. | Daley Plaza
CLEVELAND: 5 p.m. | Bounce/Union Station
DALLAS: 6 p.m. | Legacy of Love Monument | Cedar Springs Road & Oak Lawn
DENTON (SATURDAY): 5 p.m. | Courthouse Square
DENVER: 6 p.m. | Capitol | Lincoln between Colfax & 14th
HOUSTON: 6 p.m. | City Hall
MADISON: 5 p.m. | Johnson & State
NEW YORK CITY: 7 p.m. | New York City Supreme Court | 60 Centre St
PHOENIX: 5:30 p.m. | Cesar Chavez Plaza @ City Hall | March @ 6 p.m. to federal courthouse
ROCHESTER, NY: 5 p.m. | Liberty Pole
SALT LAKE CITY: 8 p.m. | Capitol
Source URL: http://americanendeavor.blogspot.com/search/label/California