Tag Archives: California Proposition 8

President Obama’s Official Statement On DOMA, Prop 8

by D Gregory Smith
Yes we can!!

Yes we can!! (Photo credit: TijsB)

 

Obama: “I applaud the Supreme Court’s decision to strike down the Defense of Marriage Act. This was discrimination enshrined in law. It treated loving, committed gay and lesbian couples as a separate and lesser class of people. The Supreme Court has righted that wrong, and our country is better off for it. We are a people who declared that we are all created equal – and the love we commit to one another must be equal as well.

 

This ruling is a victory for couples who have long fought for equal treatment under the law; for children whose parents’ marriages will now be recognized, rightly, as legitimate; for families that, at long last, will get the respect and protection they deserve; and for friends and supporters who have wanted nothing more than to see their loved ones treated fairly and have worked hard to persuade their nation to change for the better.

 

So we welcome today’s decision, and I’ve directed the Attorney General to work with other members of my Cabinet to review all relevant federal statutes to ensure this decision, including its implications for Federal benefits and obligations, is implemented swiftly and smoothly.

 

On an issue as sensitive as this, knowing that Americans hold a wide range of views based on deeply held beliefs, maintaining our nation’s commitment to religious freedom is also vital. How religious institutions define and consecrate marriage has always been up to those institutions. Nothing about this decision – which applies only to civil marriages – changes that.

 

The laws of our land are catching up to the fundamental truth that millions of Americans hold in our hearts: when all Americans are treated as equal, no matter who they are or whom they love, we are all more free. ”

 

Montana Congressional Delegation Statements About DOMA, Prop 8

by D Gregory Smith

In stark contrast, here are the statements issued by Montana’s Congressional delegation in light of the historic DOMA and Prop 8 rulings today:

Gay Rights in America

Gay Rights in America (Photo credit: Poldavo (Alex))

Daines “I am disappointed by the Supreme Court’s ruling today. Marriage, as the union of one man and one woman, matters for our children, and I remain a strong believer in defending the family.

While I do not agree with the Court’s ruling concerning the application of federal benefits, I am encouraged that the Court did not rule against states’ rights, ensuring that the voice of the people, not a ruling from a court, is the driving force behind marriage laws in Montana and the other states.”

Tester: “The Supreme Court today made the right decision.  The federal government has no place telling Americans who they can love and who they can marry.”

Tester affirmed his support for same-sex marriage earlier this year, saying “how Montanans define a family should be their business and their business alone.”

Baucus: “Today is a proud day in American history when we can say to all Montanans, Americans and their children: your love and your family are just as good as everyone else’s under the law.  For too long, same-sex couples and their children have been denied more than 1,000 federal rights and obligations that married couples enjoy. That was wrong. In the United States of America, no one should be treated as a second class citizen simply because of who they choose to love.

I believe each of us has a moral obligation to leave this place in better shape than we found it, and today’s decision puts our country on the right side of history. Now it’s time to pass the Employment Non-Discrimination Act and guarantee all Montanans the same opportunity to succeed in the workplace.”

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Pride Foundation Executive Director On SCOTUS Rulings

by D Gregory Smith
 Truly unbelievable—it’s hard to know where to begin, what to feel, how to put into words what this day represents for our community and for our country.
Equality, fairness, and love won. Twice.
Today, Wednesday, June 26, 2013, the Supreme Court of the United States struck down Section 3 of the Defense of Marriage Act (DOMA) “as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment,” allowing same sex couples legally married in 13 states and the District of Columbia access to federal protection and benefits. The Court also ruled that proponents of Prop 8 did not have “standing” to appeal the federal court ruling that invalidated Prop. 8, reinstating the right of same sex couples to marry in California once again.
As the DOMA and Prop 8 challenges wound through various federal courts, we patiently and anxiously waited for this moment—the recognition that the U.S. Constitution guaranteed equal protection for all, including lesbian, gay, bisexual, and transgender people. We persisted as a community in spite of every obstacle faced along the way.
The legal implications of these rulings are significant and complex. Over the next few days and months to come, experts will translate the details of the decisions so that we can understand what the rulings mean long-term and how each will impact the day-to-day lives of LGBTQ people and our families—both for those same-sex couple who are legally married and for LGBTQ people who live in states that do not currently have relationship recognition laws.
If you’re not already connected to us on Facebook or Twitter, please do and we’ll be sure to keep you posted as we learn more along the way.
As we celebrate the enormity of this historic moment, let’s hold on to and remember what it took to reach this mountain top. We are here thanks to the courage and leadership of pioneers who toiled through the decades and carried us to this moment.
We have gained another victory to guide us as we strive for equality in all aspects of our lives and for all LGBTQ people, here in the Northwest and across the country. Because of our hard work as a community and the help of passionate allies, we are closer to that vision. Today represents a giant leap forward. It will take our ongoing commitment and continuous energy to keep crossing the mountains to full and lasting equality.
Congratulations to all of us—this celebration is for everyone. Thank you for all that you have done and will continue to do to bring full equality home to every person and every family.
With great Pride,
Kris Hermanns
Executive Director
http://www.pridefoundation.org | info@pridefoundation.org | 1.800.735.7287 | Headquarters Mailing Address: 1122 E Pike St PMB 1001 | Seattle, WA 98122 US
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DOMA, Prop 8 DOWN

by D Gregory Smith

The Federal government will now recognize people who are legally married in any state. It’s unclear if they will recognize marriages if the participants move to a state where it is not legall recognized- like Montana. Would it mean that MT couples could go get married in WA and then file federal income taxes together?

 

Prop 8 is struck down- which means that it is legal for a CA clerk of court to give a marriage license to a same-sex couple- maybe a brave one will do that today…

 

The rainbow flag, sometimes called 'the freedo...

The rainbow flag, sometimes called ‘the freedom flag’, has been used as a symbol of gay and lesbian pride since the 1970s. The different colors symbolize diversity in the gay community, and the flag is often used as a symbol of gay pride in gay rights marches. It originated in the United States, but is now used around the world. (Photo credit: Wikipedia)

 

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Still Wearing Red?

by D Gregory Smith

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You should- the arguments to strike down the Defense of Marriage Act are being heard today. So if you changed your Facebook profile photo yesterday (and most of mine did) don’t change it yet! One of my friends has vowed to keep his red equality pic up until they hand down the decisions.

For a good brief on the impact of DOMA, see today’s Washington Post.

And if you don’t have your facebook pic changed yet- feel free to borrow from yesterday’s post.

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Stand For Marriage Today

by D Gregory Smith

 

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Supporters of marriage equality will gather outside the Supreme Court on the first day of hearings: March 26 at 8:30 a.m. in Washington, D.C. Together we will show the nation that we believe all Americans deserve to be treated fairly and equally under the law — no matter who they love.

Wear red, share this graphic as your facebook profile pic:

hrc

 

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BREAKING: Supreme Court will hear DOMA discrimination case and Proposition 8 case in 2013

by D Gregory Smith

From Freedom To Marry:

By Adam Polaski
Dec 07, 2012 at 03:25 pm

Moments ago, the Supreme Court announced in an order that it has decided to hear the Proposition 8 case and a challenge to the so-called Defense of Marriage Act in 2013. Now, the Court must schedule the cases for oral arguments, which are likely to be heard in the spring of 2013. We should hear final news on rulings in both cases by June of 2013.

Our founder and president Evan Wolfson reflected on the news that the Supreme Court will hear Windsor v. United States, one of the key challenges to DOMA:

By agreeing to hear a case against the so-called Defense of Marriage Act, the Court can now move swiftly to affirm what 10 federal rulings have already said: DOMA’s  ‘gay exception’ to how the federal government treats married couples violates the Constitution and must fall. When it comes to the whole federal safety net that comes with marriage – access to Social Security survivorship, health coverage, family leave, fair tax treatment, family immigration, and over 1000 other protections and responsibilities – couples who are legally married in the states should be treated by the federal government as what they are: married.

With the clock now ticking on a Supreme Court marriage decision in 2013, it is more urgent than ever that we make the same strong case for the freedom to marry in the court of public opinion that our advocates are making in the courts of law. With momentum from Election Day victories for the freedom to marry in Maine, Maryland, Minnesota, and Washington, the way to maximize our chances of winning in court over the next several months is to win more states and win over more hearts and minds. We can show the justices that when they do the right thing, it will stand the test of time and be true to where the American people already are.

He also commented on the Court’s decision to hear the Proposition 8 case, Hollingworth v. Perry:

Gay and lesbian couples in California – and indeed, all over the country – now look to the Supreme Court to affirm that the Constitution does not permit states to strip something as important as the freedom to marry away from one group of Americans.

Windsor v. United States dates back to November 2010, when the American Civil Liberties Union filed suit on behalf of Edie Windsor, the 83-year-old widowed lesbian from New York who sued the government for the $363,000 in estate taxes that she was forced to pay under DOMA following the death of her late partner Thea Spyer in 2010. Windsor and Spyer were together for more than 40 years and wed in Canada in 2007. Because of DOMA, their marriage was not respected by the federal government.

In June 2012, U.S. District Court Judge Barbara Jones sided with Windsor by ruling DOMA’s Section 3 – which explicitly restricts marriage to different-sex couples – unconstitutional. In October 2012, the U.S. Court of Appeals for the Second Circuit upheld that lower ruling, and the case was subsequently petitioned to be heard by the nation’s highest court.

The Proposition 8 case, Hollingworthy v. Perry (formerly Perry v. Brown) dates back to March 2009, when the American Foundation for Equal Rights filed suit in the U.S. District Court for the Northern District of California to challenge the constitutionality of Proposition 8. Prop 8, which passed in California on November 4, 2008, is a citizens’ initiative that repealed the freedom to marry in the state, overturning a May 2008 decision from the California Supreme Court legalizing marriage for same-sex couples across the state.

You can help Freedom to Marry create the climate for pro-marriage decisions in both the Prop 8 trial and the DOMA trial. Tell us that you’re on the Right Side of History by DONATING TODAY. 

Yeah, I left the donation link in for a reason….
Help if you can.
~G

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Bozeman Public Library Foundation Announces Reading of Dustin Lance Black’s Play “8”

by D Gregory Smith

The Library Foundation Joins Nationwide Productions of Landmark Marriage Equality Play by Academy Award-Winning Screenwriter of Milk & J. Edgar

The Bozeman Library Foundation with license from the American Foundation for Equal Rights (AFER) and Broadway Impact, is proud to announce a one-night-only reading of “8,” a play chronicling the historic trial in the federal constitutional challenge to California’s Proposition 8, written by Academy Award-winning screenwriter and AFER Founding Board Member Dustin Lance Black.

“8” is an unprecedented account of the Federal District Court trial in Perry v. Schwarzenegger (now Perry v. Brown), the case filed by AFER to overturn Proposition 8, which stripped gay and lesbian Californians of the fundamental freedom to marry.

Black, who penned the Academy Award-winning feature film Milk and the film J. Edgar, based “8” on the actual words of the trial transcripts, first-hand observations of the courtroom drama and interviews with the plaintiffs and their families.

The Bozeman production is brought to the community thanks to author, director, and curator Gregory Hinton and his OUTWest programming. The Bozeman Library Foundation hosts the evening performance, starting with a reception from 6:30pm, the reading at 7:30pm in the Library’s mezzanine, followed by an informal discussion. Tickets are free and open to the public, but must be reserved in advance, as space is limited. Please call 582-2425 to secure your seat.

Hinton also was responsible for the “Beyond Brokeback: A Staged Reading with Music,” which premiered in Montana at the Bozeman Library in October 2011.

“The Bozeman Library is proud to be a partner on these two significant pieces of work,” said Paula K. Beswick, foundation director for the Library Foundation. “A public library’s role is to provide equal and open access to information to help inform, educate, and enlighten. It does this not only through its materials, but also through meaningful programs, such as ‘8’.”

This is truly a community program with local celebrity readers from all walks of life (see below) and support from the Pride Foundation, AIDS Outreach, MT Human Rights Network, and Nova Café. The Bozeman Public Library is in good company with the previous premieres from coast to coast.

“8” had its much-heralded Broadway world premiere on September 19, 2011, at the sold-out Eugene O’Neill Theatre in New York City. The production brought in over $1 million to support AFER’s efforts to achieve full federal marriage equality.

“8” had its West Coast premiere reading at the Wilshire Ebell Theatre on Saturday, March 3, 2012, in Los Angeles. The West Coast premiere reading of “8” featured an all-star cast led by Golden Globe Award-winner and Academy and Emmy Award-nominee Brad Pitt as United States District Chief Judge Vaughn R. Walker; and Academy and Golden Globe Award-winner and Emmy Award-nominee George Clooney and Emmy and Golden Globe Award-winner Martin Sheen as Plaintiffs’ lead co-counsel David Boies and Theodore B. Olson.  The benefit reading was directed by AFER Founding Board Member Rob Reiner, and raised more than $2 million for the fight to secure full federal marriage equality.

“People need to witness what happened in the Proposition 8 trial, if for no other reason than to see inequality and discrimination unequivocally rejected in a court of law where truth and facts matter,” said AFER Founding Board Member Dustin Lance Black. “The goal of ‘8’ is to show the world that marriage equality is a basic constitutional right. The facts are on our side and truth always finds the light. AFER and Broadway Impact are doing all we can to help speed that process along.”

Throughout 2012, AFER and Broadway Impact are licensing “8” for free to colleges and community theatres nationwide in order to spur action, dialogue, and understanding. Hinton shares a common goal with his OUTWest programs, but his focus is on museums, universities, and public libraries.

For more information about the performance at the Bozeman Public Library, please call Paula Beswick at 582-2426 or director@bozemanlibraryfoundation.org. To learn more about “8” visit: www.8theplay.com or find it on Facebook.

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“8” Bozeman Public Library CAST LIST

Clerk                                                                 Susan Gregory, director, Bozeman Public Library
Broadcast Journalist                                        E.J. Porth, active community member
Chief Judge Vaughn R. Walker                     Jack Kligerman, retired English Professor
Theodore B. Olson (Plaintiffs’ attorney)     Sherman Hall, community actor
David Boies (Plaintiffs’ attorney)                  Alan Kesselheim, author

Charles J. Cooper (Proponents’ attorney)   George Cole, retired Yellowstone Public Radio

Jeff Zarrillo (Plaintiff)                                     Jamee Greer, community member & activist
Paul Katami (Plaintiff)                                    Greg Smith, director, AIDS Outreach
Sandy Stier (Plaintiff)                                       Laura Prindiville, active community member
Kris Perry (Plaintiff)                                         Denise Malloy, author
Elliott (Kris & Sandy’s son)                            TBA
Spencer (Kris & Sandy’s son)                         TBA
Dr. Nancy Cott (Plaintiffs’ witness)              Cindy Christin, children’s librarian

Maggie Gallagher (Marriage equality opponent)   Beth Boyson, reference librarian
Dr. Ilan Meyer (Plaintiffs’ witness)                 Jim Madden, active community member
Ryan Kendall (Plaintiffs’ witness)                   Riley Pittenger, active community member
Dr. Gregory Herek (Plaintiffs’ witness)          Andy Allen, active community member
Dr. Gary Segura (Plaintiffs’ witness)               Jan Krieger, middle school teacher
Dr. William Tam (Prop. 8 proponent)            Scott Blackwell, librarian
David Blankenhorn (Proponents’ witness)    Geoff Stephens, active community member
Evan Wolfson (Marriage equality advocate)  Tom Zuzulock, high school teacher

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ABOUT THE AMERICAN FOUNDATION FOR EQUAL RIGHTS

The American Foundation for Equal Rights is the sole sponsor of Perry v. Brown, the federal constitutional challenge to California’s Proposition 8. After bringing together Theodore B. Olson and David Boies to lead its legal team, AFER successfully advanced the Perry case through Federal District Court and the Ninth Circuit Court of Appeals. The Foundation is committed to achieving full federal marriage equality for all Americans.
www.AFER.org

ABOUT BROADWAY IMPACT
Broadway Impact is the only grassroots organization of the theatre community and its fans mobilized in support of marriage equality. Tony Award-nominees Rory O’Malley (The Book of Mormon) and Gavin Creel (HAIR) and Production Coordinator Jenny Kanelos founded the organization in direct response to the passage of California’s Proposition 8 in November 2008. Currently, Broadway Impact, in partnership with AFER, licenses and coordinates readings of Dustin Lance Black’s “8” at regional, community and university theaters around the world. Broadway Impact was the recipient of the 2009 Human Rights Campaign Community Award and proudly operates under the fiscal sponsorship of Broadway Cares/Equity Fights AIDS.

 www.broadwayimpact.com

 

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Proposition 8 Key Dates:

Date                                                    Event
November 4, 2008                          Prop. 8 Passes
May 26, 2009                                  AFER Attorneys Announced: Theodore B. Olson and David Boies

January 11-27, 2010                     Perry v. Schwarzenegger District Court Trial
June 16, 2010                                  Closing Arguments
August 4, 2010                                District Court Rules Prop. 8 Unconstitutional
December 6, 2010                          9th Circuit Oral Arguments re: Appeal by Prop. 8 Proponents

June 14, 2011                                 Proponents’ Motion to Vacate Judgment Denied
September 6, 2011                         California Supreme Court Oral Arguments on Proponents’ Standing

September 19, 2011                       Broadway Premiere of “8”

September 19, 2011                       District Court Orders Release of Trial Video

November 17, 2011                        California Supreme Court Advisory Opinion re: Proponents’ Standing

December 8, 2011                           9th Circuit Hearing re: Release of Trial Videotapes and Proponents’ Motion to Vacate Judgment

February 7, 2012                             9th Circuit Affirms District Court Ruling That Prop. 8 is Unconstitutional

March 3, 2012                                 Los Angeles Premiere of “8”

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Baucus Endorses Marriage Equality

by D Gregory Smith

Say what you will about Max Baucus- and we have- but this gives me a moment of pride:

Fair is fair: he hasn’t always done what I would have liked (and it might take something much more major to get me over the healthcare debacle) but mad props for being the first elected statewide Montana official to stand for marriage equality. Thanks, Max. Click the link above to follow his Twitter feed.

Now for a Pride Present, I’d like to hear the other statewide elected officials following suit.

Hell, better yet, I want to see them in the parade this Saturday.

They’ve all been invited.

Update: Reader Karl Olson reminded us that “Pretty sure Justice Nelson came first, however, and by several years, and more openly. Nelson proved you could get a statewide vote with an unwavering pro-equality stance. Its history, but still relevant in the current fervor.”

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HRC: Romney Gave 10k To Prop 8

by D Gregory Smith

From LGBT/POV:

Mitt Romney - Caricature

Mitt Romney - Caricature (Photo credit: DonkeyHotey)

A number of politicos jumped on GOP presidential contender Mitt Romney for the casual way he offered to make a $10,000 bet with rival Rick Perry during a debate, saying it clearly illustrated out “out of touch” Romney was with regular folks for whom $10,000 is a lot of money. And certainly, $10,000 was a lot of money during the Prop 8 fight in California – which the Human Rights Campaign and its project NOM Exposed revealed was the amount Romney gave to the National Organization for Marriage when the antigay group emerged as a leading proponent for the Prop 8 ballot initiative that successfully stripped marriage rights from same sex couples in California. NOM has been working hard to keep the names of its donors private.

Scott Wooledge at the Huffington Post has more, finding the contribution cited “in the Oct. 28, 2008 edition of Deseret News reporting on Mitt Romney’s $10,000 donation to the National Organization for Marriage (NOM). We since have come to learn that NOM circulated some nefarious memos to convince donors that their cause was strategically planned.”

HRC’s Fred Sainz says:

The aide quoted in The Deseret News that gets Romney into campaign disclosure problems is none other than Eric Fehrnstrom, the same trusted aide who infamously compared the general election to an “Etch A Sketch.” The NYT has a great profile of Fehrnstrom here.

It also bears mentioning, that Robert George, the chairman emeritus of NOM and the author of two federal marriage amendments, sits on the editorial board of the Deseret News. You will remember that Mr. George was appointed this week by Speaker Boehner to the U.S. Commission for International Freedom.

It’s not that surprising, but in the era where “Don’t Ask Don’t Tell” ended with barely a whimper, State Legislatures enacted marriage equality, and Republicans have backed off the gay marriage issue, Romney’s anti-equality contributions should be noted.

Did anyone notice a Log Cabin Republican response to Romney’s contribution?

I didn’t either.

Full story here.

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