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Prop 8 Future & Court Case

2008-11-06T23:42:57Z

Here's an article from Lambda Legal on the next steps in the Prop 8 case. Sounds like a pretty decent argument to me...but I am of course biased.

Legal Groups File Lawsuit Challenging Proposition 8, Should It Pass

Legal Papers Claim Initiative Procedure Cannot Be Used To Undermine the Constitution's Core Commitment To Equality For Everyone

SAN FRANCISCO — The American Civil Liberties Union, Lambda Legal and the National Center for Lesbian Rights filed a writ petition before the California Supreme Court today urging the court to invalidate Proposition 8 if it passes. The petition charges that Proposition 8 is invalid because the initiative process was improperly used in an attempt to undo the constitution's core commitment to equality for everyone by eliminating a fundamental right from just one group — lesbian and gay Californians. Proposition 8 also improperly attempts to prevent the courts from exercising their essential constitutional role of protecting the equal protection rights of minorities. According to the California Constitution, such radical changes to the organizing principles of state government cannot be made by simple majority vote through the initiative process, but instead must, at a minimum, go through the state legislature first.

The California Constitution itself sets out two ways to alter the document that sets the most basic rules about how state government works. Through the initiative process, voters can make relatively small changes to the constitution. But any measure that would change the underlying principles of the constitution must first be approved by the legislature before being submitted to the voters. That didn't happen with Proposition 8, and that's why it's invalid.

"If the voters approved an initiative that took the right to free speech away from women, but not from men, everyone would agree that such a measure conflicts with the basic ideals of equality enshrined in our constitution. Proposition 8 suffers from the same flaw — it removes a protected constitutional right — here, the right to marry — not from all Californians, but just from one group of us," said Jenny Pizer, Senior Counsel with Lambda Legal. "That's too big a change in the principles of our constitution to be made just by a bare majority of voters."

"A major purpose of the constitution is to protect minorities from majorities. Because changing that principle is a fundamental change to the organizing principles of the constitution itself, only the legislature can initiate such revisions to the constitution," added Elizabeth Gill, a staff attorney with the ACLU of Northern California.

The lawsuit was filed today in the California Supreme Court on behalf of Equality California and 6 same-sex couples who did not marry before Tuesday's election but would like to be able to marry now.

The groups filed a writ petition in the California Supreme Court before the elections presenting similar arguments because they believed the initiative should not have appeared on the ballot, but the court dismissed that petition without addressing its merits. That earlier order is not precedent here.

"Historically, courts are reluctant to get involved in disputes if they can avoid doing so," said Shannon Minter, Legal Director of NCLR. "It is not uncommon for the court to wait to see what happens at the polls before considering these legal arguments. However, now that Prop 8 may pass, the courts will have to weigh in and we believe they will agree that Prop 8 should never have been on the ballot in the first place."

This would not be the first time the court has struck down an improper voter initiative. In 1990, the court stuck down an initiative that would have added a provision to the California Constitution stating that the "Constitution shall not be construed by the courts to afford greater rights to criminal defendants than those afforded by the Constitution of the United States." That measure was invalid because it improperly attempted to strip California's courts of their role as independent interpreters of the state's constitution.

In a statement issued earlier today, the groups stated their conviction, which is shared by the California Attorney General, that the state will continue to honor the marriages of the 18,000 lesbian and gay couples who have already married in California. A copy of the statement as well as the writ petition filed today is available a www.aclu.org/lgbt, www.lambdalegal.org, and www.nclrights.org.

In addition to the ACLU, Lambda Legal and NCLR, the legal team bringing the writ also includes the Law Office of David C. Codell; Munger Tolles & Olson, LLP; and Orrick, Herrington & Sutcliffe, LLP.

http://www.lambdalegal.org/news/pr/legal-groups-file-lawsuit.html

###

The National Center for Lesbian Rights is a national legal organization committed to advancing the civil and human rights of lesbian, gay, bisexual, and transgender people and their families through litigation, public policy advocacy, and public education. www.nclrights.org

Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV through impact litigation, education and public policy work. www.lambdalegal.org

Contact: Jason Howe, Senior Public Information Officer; Office: 213-382-7600 ext.247; Email: jhowe@lambdalegal.org

The American Civil Liberties Union is America's foremost advocate of individual rights. It fights discrimination and moves public opinion on LGBT rights through the courts, legislatures and public education. www.aclu.org

Contact: Laura Saponara, Communications Director; Office: 415-621-2493; Email: lsapanora@aclunc.org

Founded in 1998, Equality California celebrates its 10th anniversary in 2008, commemorating a decade of building a state of equality in California. EQCA is a nonprofit, nonpartisan, grassroots-based, statewide advocacy organization whose mission is to achieve equality and civil rights of all lesbian, gay, bisexual and transgender (LGBT) Californians. www.eqca.org

Happy Halloween

2008-10-31T23:17:19Z

From Monsters and Us.

Recycle Your Crocs!

2008-06-10T17:44:26Z

Provide shoes to the needy by donating your worn out crocs.

http://www.greendaily.com/2008/02/05/let-solesunited-recycle-your-crocs/

I like it.

Friends, Oh Friends

2008-03-31T02:50:57Z

It was brought to my attention that people may not realize that I update this journal quite regularly. However, most posts are friends-only. So, if you are my friend, meaning, I actually know you, and you want to see pictures, videos and read my rambling updates, please post a comment and I will add you as a friend.

Happiest Ever

2007-11-09T07:44:03Z

I love this picture. I would love it more if my son looked more like himself. But I still love it.

Zoo Day

2007-09-09T05:53:19Z

Today was baby's first trip to the zoo - it was with H's whole family - her sister is in town so we went with both parents and her sister....shockingly enough, we still had fun.

TESTING

2007-06-04T17:32:44Z

test post. Have not been able to post in 4 days. Testing from different computer.

SCARY Carrots...

2006-10-19T12:54:19Z

In one of the first personal correspondences I have seen from a member of the RMWC Board of Trustees, I found the absolute most ridiculous thing I have heard throughout the ENTIRE span of this coed debacle. She said that she respects people disagreeing with the BOT position and decision, but she is upset by the unacceptable methods being used to show that disagreement. For example, her children were scared by a box of carrots (either mailed or deliverd - she did not elaborate). Are you kidding me? MAYBE, just maybe I could have taken you seriously or respected what you were saying and your position, but you are telling me that you kids were scared by a box of carrots and we should feel bad about that? I'm pretty sure you are the one who should be embarassed by that. I wouldn't go telling that story - makes your kids sound C-R-A-Z-Y.

Homos Bring Down Entire College

2006-09-18T19:11:08Z

Apparently, it is the opinion of a portion of alumnae and parents that the reason RMWC has decided to go co-ed is because the "Alternative Lifestyles" were too visible on campus and this drove away prospective students. Homos - we have done it again. We must now bow our heads and accept responsibility for the death of Randolph-Macon Woman's College.

I suppose the claim by these people is that the women of RMWC are not "enlightened" enough to live side by side with people who are different from them. The women of RMWC like homogeny of thought, lifestyle and physical attributes. RMWC women never want to be challenged to learn to live in a diverse society and thrive with people of varying race, religion and sexual orientation. No sir. RMWC women want an army of "mainstream girls" in makeup and dresses, who are exactly like them. Anyone who challenges the system will clearly kill the system.

I suppose RMWC is the ONLY women's college with a visible lesbian community, thus clearly, the ONLY women's college who would be impacted by such.

So, I apologize to all of you out there. I apologize to the far, far, far larger number of alums who like to kiss boys. I'm really sorry that I (we) brought down an entire academic institution and 115 years of history by kissing a girl.

Edited to Add: I did notice that the primary commentary on this subject was not made by an alum, but a father who has apparently spent an unhealthy amount of time on campus. Only one alum who commented even dignified that comment with an acknowledgement...maybe RMWC women aren't as scared of the lesbos as he would make it seem. Maybe - just maybe - RMWC women as a whole are intelligent, strong and can live and learn from a diverse society. Maybe, he underestimates the women of RMWC by projecting his own agenda onto them. Maybe, just maybe, we didn't kill the college after all.

(Reference: See article http://insidehighered.com/news/2006/09/06/coed - not the actual article, the commentary below.)

Thoughts on RMWC...

2006-09-15T23:20:37Z

As I mentioned before, the RMWC going co-ed thing doesn't sit well with me. I'm trying to figure out the best way to pitch in. Being on the west coast leaves me limited options. I've signed up for a "little sister" so I can support a protesting student, pledged to the legal fund and contributed financially in other ways. I really wish I could find out what is happening on campus still.

I am thinking, alumnae should start writing letters to Sweet Briar, Hollins and Mary Baldwin requesting that they implement a special transfer program for RMWC women who will be displaced by the decision of the trustees. We should encourage them to do it in the spirit of sisterhood and in the spirit of continuing to support womens education. If those schools are able to implement a painless transfer situation for current students, which includes the other schools being willing to transfer the credits of upper division students and offering comparable financial aid to what students are now receiving, the threat of high numbers of transfers becomes very real. And whatever RMWC ends up being called next year, will not recruit enough students next year to cover a high number of transfers.

The administration keeps saying they believe that the number of students requesting transfer paperwork is partly for show. Maybe that's true, and that is ok. Students should show their displeasure an all sorts of ways and requesting transfer papers is very important. But, in reality, we know that making the decision to transfer will be difficult for many and applying for college, even a transfer, is not fun. So, again, I think the alumnae, along with all of the other efforts under way, should begin a dialogue with the other 3 local women's colleges to help current students find a new home, if necessary. And the secondary goal of that is to make the threat of declining enrollment more tangible to the trustees and administration – make the threat more real and one they cannot discount as a sign of protest.

Stolen...

2006-09-06T23:39:49Z

Stolen from blkdykegoddess ...

Create your own! Originally Written By ga_woo, Hosted and ReWritten by darkman424

Compliments of MoveOn.org

2006-05-02T02:15:12Z

drchickon @ 2006-04-30T12:23:00

2006-04-30T19:20:38Z

You scored as New Democrat. New Democrats emphasize fiscal conservatism, and have a strong preference for the free market. They believe in small-scale programs that provide targetted help to those in need, while working with the business community.

</td>

New Democrat

70%

Old School Democrat

65%

Green

65%

Libertarian

60%

Pro Business Republican

25%

Foreign Policy Hawk

20%

Socially Conservative Republican

What's Your Political Philosophy?
created with QuizFarm.com

drchickon @ 2006-01-23T13:22:00

2006-01-23T21:22:22Z

When I take my vitamins I just feel so much better in general.

drchickon @ 2005-12-17T23:18:00

2005-12-18T07:16:26Z

Buy My Stuff. I'm selling many things on Ebay. Buy my stuff!!!!

drchickon @ 2005-12-08T14:00:00

2005-12-08T22:01:46Z

This is such a great idea! Yay!

I shall be the not-so-secret Santa for the first bookworm to respond to this post who is not already on my personal gift list.

You:

* Like to read.
* Don't mind giving your real name and address to me.
* Will carry this forward.

I:

* Am your not-so-secret Santa.
* Will reply back to the first qualifying comment asking you to send me your address via email.
* Will study your Interests list, and decide on a book to send to you for Hanukkah, Kwanzaa, Christmas, Giftmas, Yule, Solstice, Festivus, whatever you like. The book might be a used book. It might be a book you already have (but I'm going to try not to send a common one). It might even be a book you don't want, but I'll try to choose wisely.
* Will mail the book on December 16 to the address you give me via email.

You:

* Pay it forward (do the same thing for someone on your friends list).

Bloody Mary

2005-11-28T18:47:26Z

More Pictures of Mary crying...

Here Comes Christmas....

2005-11-26T07:08:02Z

Look... our mantle is decorated!!

drchickon @ 2005-10-20T13:20:00

2005-10-20T20:20:23Z

I just ate a miniature Butterfinger CandyBar. It tasted like fish.

drchickon @ 2005-09-29T16:10:00

2005-09-29T23:10:16Z

Arnold vetoed the marriage bill.

drchickon @ 2005-09-20T10:23:00

2005-09-20T17:23:07Z

Ok, I'm now ready to post some pictures of my fully landscaped new backyard.

Before:

After:

More photos of before, during and after in my Photobucket Album.

drchickon @ 2005-09-12T12:50:00

2005-09-12T19:50:39Z

I am taking a class on Diversity and my final project is to write a paper on race and gender in my community.

I define my community as the gay community.

I have now done a significant amount of research on race and gender roles within the gay community and have a pretty good amount of information to work from. However, if anyone has any specific good resources for information on race issues within the gay community, I would welcome that. I have a good amount of information, but I don't feel like I have a complete picture. I feel like I am missing something. So, if anyone has any ideas or thoughts they would like to share, please shoot them my direction.

drchickon @ 2005-09-07T21:27:00

2005-09-08T04:25:33Z

Doesn't seem fair, does it, that after getting legislation passed through both houses of the legislature that Arnie can just veto it? He vetoed a bill today sponsored by Equality California and he's announced that he will veto the marriage bill.

I think if he does veto the bill, he'll find that this is his last term as governor. I think he will find that people around here are worn thin by the "Bush" mentality on all fronts and he'll suffer for having himself equated to Bush. This was his chance to really distinguish himself and prove that he has the strength to be a real leader. Doesn't look like he's going to do it.

drchickon @ 2005-07-29T11:43:00

2005-07-29T18:43:39Z

Do people not hear the hypocrisy in their own statements? In one sentence this man has completely exhibited the hypocrisy of his beliefs. Taken from an article on MSN about Bill Frist breaking with the President on Stem Cell Research.

" 'Senator Frist cannot have it both ways. He cannot be pro-life and pro-embryonic stem cell funding,' said Rev. Patrick J. Mahoney, director of the group [the Christian Defense Coalition]."

What is more pro-life than wanting to engage research that has the potential to save millions of lives?

Disco

2005-06-20T22:50:46Z

Here's me... at a work function with my boss and co-worker. I love my job.