Official Prop. 8 Plaintiffs’ Statement on Today’s Stay Ruling

August 12, 2010

from the American Foundation for Equal Rights

The Chief Judge of the United States District Court for the Northern District of California, who last week rendered a sweeping decision striking down California’s Proposition 8 as an unconstitutional violation of the rights of gay and lesbian citizens to due process and equal protection of the law under the Fourteenth Amendment, today denied the proponents’ motion to stay that decision pending a full resolution of the merits on appeal, instead granting only a short stay until August 18, 2010 “solely in order to permit the court of appeals to consider the issue in an orderly manner.”  This means that unless the Court’s decision is stayed by a higher court, Californians who were denied equality by Proposition 8 will soon, and once again, enjoy their fundamental right to marry.  Today’s order can be found here:  http://www.equalrightsfoundation.org/legal-filings/ruling-on-motion-for-stay-pending-appeal/

“The overwhelming evidence at trial established beyond any doubt that Proposition 8 denies gay men and lesbians the fundamental right to marry and treats them unequally, without any rational basis for doing so, and that it causes them irreparable and immediate harm,” said Theodore B. Olson, who together with David Boies led the legal team in this lawsuit.  “The Court’s decision today recognizes that there is no reason to delay allowing gay men and lesbians to enjoy the same rights that virtually all other citizens already enjoy.”
“The unconstitutionality of Proposition 8 is comprehensively and unequivocally demonstrated by the Court’s 136-page ruling, and so we are confident that we will continue to prevail,” said Chad Griffin, the Board President of the American Foundation for Equal Rights. “Our nation was founded on the principle that every American is equal in the eyes of the law. This case is about affirming that principle.”

The American Foundation for Equal Rights and plaintiffs Kris Perry, Sandy Stier, Paul Katami and Jeff Zarrillo challenged Proposition 8 in federal court for violating the U.S. Constitution. After a three-week trial (including the testimony of 17 plaintiffs’ witnesses, among them the foremost experts on the relevant issues, and thousands of pages of documents and a wealth of other evidence) the Court ruled last Wednesday, August 4, that Proposition 8 violated the rights to equal protection under the law and due process that the U.S. Constitution guarantees to every American.


Judge Walker Rules Marriages Can Begin Aug. 18 Unless Court of Appeals Intervenes

August 12, 2010

Today, U.S. District Court Judge Vaughn Walker ruled that there was no basis to stay his Aug. 4 ruling that Proposition 8 violates the United States Constitution’s guarantees of due process and equal protection of the laws. However, Walker also ordered that marriages cannot begin until Aug. 18 at 5 p.m. in order to give the United States Court of Appeals time to review his decision to deny the stay.

A Statement from NCLR Executive Director Kate Kendell:

“It is clear that there is no basis for a stay of Judge Walker’s ruling striking down Prop 8. We hope that the Ninth Circuit will agree that no stay is warranted and will allow marriages to resume. The chance for same-sex couples to marry again is not only fair and just, but an affirmation of love and basic humanity.”


Judge Who Overturned Prop 8 Extends Temporary Hold on Gay Marriage

August 12, 2010

from the Los Angeles Times

A federal judge Thursday refused to permanently stay his ruling overturning Proposition 8’s ban of gay marriage but extended a temporary hold to give supporters time to appeal the historic ruling.

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Judge to Rule on Stay Thursday in Prop 8 Case

August 11, 2010

from the Associated Press

The federal judge who overturned California’s same-sex marriage ban says he is ready to rule on whether gay marriages should resume immediately in the state or await an appeals court’s input.

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Imperial County Appeals Judge’s Overturning of Gay Marriage Ban

August 10, 2010

from the Los Angeles Times

The County of Imperial filed an appeal Tuesday with the 9th Circuit Court of Appeals challenging U.S. District Judge Vaughn Walker’s ruling that deemed Proposition 8’s ban of same-sex marriage unconstitutional.

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Tending to the Community: Kate Kendell Bartends at CAV Wine Bar

August 10, 2010

On Wednesday, August 4, 2010 Judge Vaughn Walker ruled that Proposition 8 was unconstitutional. By Friday, August 6, 2010 the opposition already had filed the appeal to a higher court. While there is great celebration in the LGBT community for the great victory, there is also great attention toward the next phases of the journey towards full and true equal rights. To that end. Pamela Busch, the owner of San Francisco’s CAV Wine Bar, decided that 10% of the proceedings for the bar tab on that day would be donated to the National Center for Lesbian Rights (NCLR) and Equality California (EQCA) two organizations whose tireless efforts have helped in this fight. NCLR Exec. Director Kate Kendell tended bar at CAV this evening and took a few moments in her inaugural moments as bar keep to share some thoughts.

Tending to the Community: Kate Kendell Bartends…, posted with vodpod

California Seeks IRS Tax Equity for Same-Sex Spouses

August 10, 2010

from the Associated Press

The California Legislature has passed a resolution asking that same-sex spouses and domestic partners be taxed the same as heterosexual married couples.

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