Proposition 8


Prop 8 Likely to Be Repealed Narrowly; Court to Hear DOMA Today

By Paul Hogarth

It is never wise to predict U.S. Supreme Court decisions on oral arguments, or else Obamacare would have been repealed. Based on the Justices' line of questioning, however, it appears that they will overrule Proposition 8 - but on narrow grounds that will only affect California. The Justices spent a significant chunk of time on "standing," but they will likely consider the Prop 8 supporters as proper litigants. But Justices Anthony Kennedy and John Roberts had clear problems with finding a "right" to same-sex marriage that would apply nationwide - and the "nine-state" compromise was widely panned. I predict they will rule Prop 8 unconstitutional by applying the Romer precedent and sustaining the Ninth Circuit decision, i.e., Prop 8 was unique because it "took away" a right that same-sex couples already had.

Last Chapter for Proposition 8?

By Shannon Minter, Esq., and Christopher Stoll, Esq.
National Center for Lesbian Rights   

On June 5, 2012, the U.S. Court of Appeals for the Ninth Circuit ruled that it would not reconsider a three-judge panel’s February 7 decision striking down Proposition 8, the 2008 ballot measure that stripped same-sex couples in California of the freedom to marry. Following a vote by all 27 active Ninth Circuit judges, the court declined to send the case to a larger panel of judges that would have reconsidered the February decision. 

Proposition 8: The Marriage Protectors Are Back In Court Again

By Peter Schrag

There was little surprise in last week’s attempt of the marriage protectors to get a larger appellate panel to review the three-judge Ninth Circuit of Appeals decision overturning California’s gay marriage ban. They said from day one they were going to do something. Some shoe had to fall.

But how they’re arguing for it raises some curious questions.

The Ninth Circuit ruling, handed down earlier this month, was as much as anything an attempt to circumscribe its scope and thus make it a less tempting target for the conservatives on the U.S. Supreme Court, who like nothing better than to stick it to the libs on the left coast. The leading Ninth Circuit lib is Judge Stephen Reinhardt, who wrote the Proposition 8 decision.

Why “Narrow” Prop 8 Decision is Good for Marriage Equality

By Paul Hogarth
Beyond Chron

On Tuesday, an ideologically diverse, three-judge panel on the Ninth Circuit Court of Appeals upheld Judge Walker’s decision overruling Proposition 8 – and the spin is it was decided on narrow, “only-in-California” grounds. But that’s not entirely true, and even in cases where it is marriage equality advocates should celebrate a tactical victory. Justice Stephen Reinhardt’s highly readable 80-page decision was clearly written with the U.S. Supreme Court in mind – and its heavy reliance on Romer v. Evans (1996) should be enough to get Anthony Kennedy’s vote.

Ninth Circuit Decision Keeps the Focus on California

By Shannon Minter, Esq., and Christopher Stoll, Esq.
National Center for Lesbian Rights

In a long-awaited decision, a three-judge panel of the Ninth Circuit Court of Appeals ruled Tuesday that Proposition 8, the 2008 ballot measure that stripped the right to marry from same-sex couples in California, is unconstitutional. Judge Stephen R. Reinhardt authored the majority decision, which was joined by Judge Michael Daly Hawkins. The third judge, N. Randy Smith, dissented.

Oral Argument in Proposition 8 Appeal Sets the Stage for Ninth Circuit Ruling

By Shannon Minter, Esq., and Christopher Stoll, Esq.
National Center for Lesbian Rights

Yesterday, the U.S. Court of Appeals for the Ninth Circuit heard oral arguments on two issues in Perry v. Brown, the federal court challenge to Proposition 8. In that case, two same-sex couples are challenging Prop 8, the 2008 ballot measure that stripped the right to marry from same-sex couples in California. Following a historic trial that took place in January 2010, now-retired Chief District Judge Vaughn Walker ruled that Prop 8 is unconstitutional. That ruling has been on hold while the proponents of Prop 8 appeal Judge Walker’s ruling.

California Supreme Court Extends Unprecedented Power to Initiative Supporters in Proposition 8 Case

By Shannon Minter, Esq., and Christopher Stoll, Esq.
National Center for Lesbian Rights

The California Supreme Court issued a decision today that gives ballot initiative sponsors unprecedented new powers. The ruling held that California law empowers the sponsors of Proposition 8—the 2008 ballot initiative that stripped the right to marry from same-sex couples—to appeal the federal district court’s decision in Perry v. Brown finding Prop 8 unconstitutional, even though the state’s Attorney General and Governor both agree that the decision should not be appealed.

Omission of former Executive Director’s Name Raises Questions about EQCA Leadership Change

By Dan Aiello

Equality California, in issuing a press release late Wednesday noting the culmination of the organization’s legislative success in Sacramento this year, raised unintended questions from LGBT media by omitting the name of the non-profit’s former Executive Director, who was replaced just last month.

Within hours of the release of an EQCA press release on Wednesday touting the success of the organization’s legislative year, Karen Ocamb, one of the most read LGBT journalists nationwide, whose byline appears in publications like Frontiers magazine, Huffington Post and POV magazine among others, questioned the omission of the name of EQCA’s former Executive Directore, Geoff Kors, who is widely believed to be the primary architect of the legislative direction of the organization.

Kors was replaced as Executive Director of EQCA in July of this year. The new Executive Director is Roland Palencia.

CA Supreme Court Should Not Give Unprecedented Powers to Prop 8 Supporters

By Shannon Minter, Esq., and Christopher Stoll, Esq.
National Center for Lesbian Rights

Yesterday morning, the California Supreme Court heard arguments on an important issue of California law that may affect whether the sponsors of Proposition 8 can continue to pursue their federal court appeal in Perry v. Brown, the case challenging Prop 8 (read background on the case).

Will Supreme Court Blow Another Hole in the Initiative Process?

By Paul Hogarth

Yesterday, the California Supreme Court heard oral arguments on the federal Prop 8 case – after the Ninth Circuit punted to them the question as to whether private right-wing advocates who put Prop 8 on the ballot have standing, under the California Constitution, to appeal Judge Walker’s decision. Because Attorney General Kamala Harris has declined to appeal, it’s an open question as to whether Prop 8 proponents – who were allowed to intervene in the January 2010 federal trial – can now appeal to the Ninth Circuit. If they can’t, the trial decision will stand – and gay couples could finally marry in California.