Proposition 8...3rd Appellate Court dismisses appeal! State won't intercede!

This past week, the 3rd District Court (Sacramento) dismissed a lawsuit lodged by supporters of Proposition 8, that sought to compel the State to the participate in a legal proceeding that seeks to permanently ban same-sex marriages in California pursuant to the initiative passed by voters.

The suit was fled on behalf of Ministers in the Los Angeles area by Pacific Justice Institute.

In response, the conservative group vowed to petition the California Supreme Court right away to ensure the Justices issue a ruling prior to a deadline set for September 11 which requires State Action before that date looms large next week.

Although the Justices in the 3rd District were “mum” on their refusal to review the issues, legal eagles for the petitioners were quite vocal about a perceived injustice.

“When the people peacefully enact a constitutional provision and the Attorney General refuses to give them meaningful review in the Federal Jurisdiction, then you have a veto by the executive branch,” accused Kevin Snider.

“That is a constitutional crisis that usurps the power of the people,” the attorney for the Institute concluded angrily.

Governor Schwarzenegger and Jerry Brown (Attorney General) have both refused to step into the fray in Federal Court in respect to the issue of same-sex marriage in the State of California.

Both politicians have stated for the record that they do not intend to appeal Judge Vaughn’s findings that the same-sex ban on marriage in California should be lifted on basic Constitutional grounds.

http://www.thetattler.biz

Governor Schwarzenegger...equipped to handle gay nupitals! Licenses in stock!

California is "well-equipped" to perform gay nupitals, according to Governor Schwarzenegger, in response to a directive put forth by a Federal Court on Wednesday in respect to the thorny issue of same-sex marriages in California.

Huh?

When Judge Vaughn Walker overturned the ban on gay marriages, Protect Marriage - an appellant in the proceeding - argued that permitting gay nuptials at this stage of the legal proceedings would be an administrative hardship for the state because higher courts they have appealed to could later invalidate the marriages.

So, the obvious reaction was forthcoming from the Court.

Would it be a hardship?

Quick on the uptake - though initially reluctant to jump into the fray - the Governor fired off his response (with a touch of villainous glee, I expect).

"As the Court has pointed out, California already issued 18,000 marriage licenses to same-sex couples (before the ban was imposed by virtue of Prop 8) without suffering any resulting harm," Schwarzenegger's office eloquently noted in their written arguments to U.S. District Chief Judge Vaughn R. Walker.

"Government officials can resume issuing such licenses without administrative delay or difficulty."

If my memory serves me well, though, didn't ARNOLD actually veto a bill in recent years which would have ushered California out of the dark ages and into a golden era of equality for all (straight and gay) in respect to tying-of-the-knot ceremonies down at City Hall?

So why - pray tell - has the Governor now chosen to dust off his own tuxedo and take a stand for the inalienable Constitutional rights of same-sex couples?

An upcoming election, dahlinks, of course!

OMG!

And, not to forget, that the racks in San Francisco and West Hollywood are well-stocked with dozens of tuxedos in - delicious plum, vivid sky blue, rich shades of wine, and pristine white (for the virgins in the crowd) too.

Patent leather shoes, penny loafers?

No problem, will that be cash or Visa, Sirs?

In tony Beverly Hills, there will also be a myriad of fashion accessories to scoop up, too: rainbow cravats, silk pocket puffs, ivory gold-trimmed cuff-links (with matching studs (!), and more ruffled silk shirts in a dizzying array of pastel colors than you can shake a big stick at (wink wink)

Downright spiffy, you girly-man, you!

If we could only sort out the snags in medical marijuana!

http://www.julianayrs.com

Prop 8...Californians Against Hate make headway in Utah with Mormons. Boycott with Garff Automotive ends...

A few weeks ago, Ken Karger and Californians Against Hate (a group Karger founded) called for a boycott of Ken Garff Automotive Group at a Salt Lake City news conference, based on a $100,000.00 donation the family matriarch - Katharine Garff - proffered in support of Proposition 8 (ban on gay marriage).

In a follow-up to that meeting - Mr. Karger contacted me on Friday to inform me that the boycott has been terminated - because of the remarkable headway that has been made with the CEO of the Automotive Group, John Garff.

"A reporter there asked me if I would be willing to meet with John Garff. A few hours later, I was in his office. We had a wide-ranging and very productive two-hour meeting," the gay activist noted in his communication to me.

In addition to that "healing" moment, Karger was elated to report that Garff and his father (Robert Garff) later met with National LGBT community leader, Bruce Bastian, as well.

Bastian is also a Utah philanthropist.

The purpose of the second meeting, according to Karger, was to share perspectives and to discuss a variety of issues in an effort to find mutual respect and understanding over the Proposition 8 issue.

Behind closed doors an actual agreement was made that satisfied Bastian.

Although terms of an actual agreement were not released, sources noted to me that Garff officials have agreed to adopt a nondiscrimination policy for gay, lesbian and transgender employees.

Mr. Karger was so pleased with the meeting of hearts & minds that occurred on that momentous occasion that he elected to immediately end the boycott against the Automotive Group immediately.

"Last Friday, I met with Robert and John Garff. I believe that both Robert and John left the meeting with a better understanding of my work, the LGBT community, and the emotional significance of the passing of Proposition 8 to our community. I believe the Garff family now fully understands how sensitive and important this issue is to our community and to their friends and neighbors."

Meanwhile, the Garff's were anxious to express their feelings on the issues on record, as well.

"In response to the Ken Garff Automotive Group boycott that was called for by Californians Against Hate, I met with Fred Karger, its founder. My father, Robert, and I subsequently met with Bruce Bastian, a national LGBT philanthropist with local ties to Utah. I believe we all came away from those meetings with a greater level of mutual respect and understanding."

Karger concluded his heartfelt message to me by noting that as Utah progresses towards an era of equality for all families, he is extremely grateful to the Garff family for listening to the community in which they reside and do business in.

"I look forward to working together towards a better future for all."

Now, If the rest of those much-married Mormons in Utah would hop on board - maybe the rest of the community that is inclined toward getting hitched with one special person - would also have a shot at marital bliss!

http://www.julianayrs.com

Proposition 8...Supreme.court will hear arguments to repeal March 5th!

When Proposition 8 (gay marriage ban) passed in California - supporters of the right for gays to marry - sprang into action.

Activists staged raucous highly-vocal protests in the streets which came close to turning into full-scale riots.

Meanwhile, in the trenches, foot soldiers tried to ferret out the names of individuals and businesses who donated funds in support of the anti-gay marriage initiative, so that their homes and businesses could be picketed.

Indeed, a cat & mouse game has persisted.

Supporters of Prop 8 filed a lawsuit in California Courts asking bench warmers to issue a directive that the names of contributors be kept private, for instance.

Legal counsel challenged the constitutionality of the State's Political Reform Act and urged the court to take action on the grounds that donors were being harassed and that some had received death threats.

In essence, Prop 8 supporters were seeking extraordinary relief (and a protective order) from the Courts.

The act, passed in 1974, requires campaigns to reveal personal information on people who give more than $100 to campaigns. The law is intended to prevent money laundering and other illegal campaign activities.

The long and short of it?

Prop 8 supporters were not only asking for "special treatment" - but making a pitch to the court to be exempted from the law - as well.

A Judge did not find their arguments meritorious, however, so he dismissed the case.

Not to be out-maneuvered, anti-prop 8 supporters proceeded to lodge a lawsuit specifically drafted to effect a repeal of Proposition 8, if granted by the Justices in the High Court.

Oral arguments are set for March 5th.

The lawsuit argues that Prop 8 severely alters the California Constitution's quarantine of Equal Protection to minorities because the rights of a minority - in this case the fundamental right to marry - cannot be eliminated by a simple majority vote in an election process.


The court is expected to hand down a decision ninety-days after the hearing in March.

Meanwhile, bodies continue to be strewn about the Prop 8 battlefield.

This past weekend, for instance, former President Bill Clinton was forced to face the wrath of anti-prop 8 supporters when he appeared at the Manchester Hotel in San Diego on Sunday to give a speech.

The owner of the Hotel donated $125,000.00 to the Prop 8 cause.

Rather than cancel his speaking engagement (and run the risk of losing a $100,000.00 fee), Clinton opted to go ahead with his well-orchestrated plans in California.

After-the-fact, Fred Karger at "Californian's Against Hate", was in touch with Clinton's "people" - who swore up and down that before the engagement took place - Clinton made a good-faith effort to switch the venue to another when it came to his attention that the Hotelier supported a cause he has gone on record as being opposed to.

In fact, this past week - after the sting of the highly-publicized protests in the media damaged his name and reputation around the country - the slick politician went so far as to urge that Proposition 8 be repealed!

To me, it was a lot of Monday morning quarterbacking, and I'm not buying it.

If the State Bar Association was unable to switch locales - Bill, if he had an ounce of ethics - should have bowed out of the commitment whatever the consequences.

Meanwhile, the hotly-debated issue rages on.

I'm betting that the High Court will overturn Prop 8.

What then?

Mormons and their supporters will try to oust the Judges (who repealed Proposition 8) come next election.

Then, they'll take a shot at it again.

Yeah, Mr. Smith would be proud.

Those Utah zealots are some Christians, eh?

http://www.julianayrs.com