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Posted Dec 01, 2011 8:44pm
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Posts with the tag Proposition 8
Just as the trial of Proposition 8 was about to get underway in Judge Vaughn Walker's courtroom in San Francisco this morning, the US Supreme Court delivered an injunction against the promised video feeds and rebroadcasts of the trial. The injunction, which Justice Steven Breyer objected to, lasts until midday Wednesday when the full court will hear arguments about whether the broadcasts will go forward as planned, be expanded, or be ended entirely.
The Courage Campaign Institute's founder and chair, Rick Jacobs, was able to make it into the Burton Federal Courthouse in downtown San Francisco this morning where the trial is happening. He is liveblogging at the Prop 8 Trial Tracker, a website we launched this morning to monitor and hold accountable the right-wing organizations that are trying to undermine the course of justice.
Jacobs has described fascinating exchanges between Judge Walker and Ted Olson such as this:
At the outset of the trial, Judge Walker also made reference to the debate over the broadcast. He said that by 5PM last Friday, 138,542 comments were received in favor of broadcasting the trial - and only 32 were received opposing it. We believe most, if not all, those comments were the result of the petition that the Courage Campaign and CREDO Mobile delivered on Friday to Judge Walker. It is a clear sign that the people want this case tried in full public view, and reject entirely the self-serving arguments of the anti-equality forces, people who are afraid to let the public know their true motives for putting Prop 8 on the ballot.
No matter what happens at the SCOTUS this week, the Courage Campaign Institute will continue to track this trial and the right-wing reaction to it.
We could also use your help in keeping this going. Maintaining the liveblog isn't free - if you can contribute $25, $50, $100 or more to the Courage Campaign Institute, we can continue to maintain the site as the trial unfolds. Thanks.
Below is the email we sent to our members today about the Prop 8 Trial Tracker: Read More »
The Courage Campaign Institute's founder and chair, Rick Jacobs, was able to make it into the Burton Federal Courthouse in downtown San Francisco this morning where the trial is happening. He is liveblogging at the Prop 8 Trial Tracker, a website we launched this morning to monitor and hold accountable the right-wing organizations that are trying to undermine the course of justice.
Jacobs has described fascinating exchanges between Judge Walker and Ted Olson such as this:
The judge is probing extensively whether or not the problem would be solved if the state of California “got out of the marriage business.” He and Olson had a colloquy about whether domestic partnership for all would solve the problem. Olson had to have a note handed to him from his team to say that only opposite-sex couples over 62 can have domestic partnership. Judge Walker is very interested in seeing what change has occurred that should force the federal judiciary to enter the issue. He wants to know what evidence will show that makes the matter worthy of judgment. The judge is very, very smart. This is really, really fascinating. Olson is doing a great job in answering him. “What’s the evidence going to show that Prop. 8” intended to discriminate against gays and lesbians. Olson: no question that Prop. 8 intended to discriminate. We’ll put on evidence from the plaintiffs and others that show how they felt about the campaign, the sentiments that may have been used to motivate the voters.
At the outset of the trial, Judge Walker also made reference to the debate over the broadcast. He said that by 5PM last Friday, 138,542 comments were received in favor of broadcasting the trial - and only 32 were received opposing it. We believe most, if not all, those comments were the result of the petition that the Courage Campaign and CREDO Mobile delivered on Friday to Judge Walker. It is a clear sign that the people want this case tried in full public view, and reject entirely the self-serving arguments of the anti-equality forces, people who are afraid to let the public know their true motives for putting Prop 8 on the ballot.
No matter what happens at the SCOTUS this week, the Courage Campaign Institute will continue to track this trial and the right-wing reaction to it.
We could also use your help in keeping this going. Maintaining the liveblog isn't free - if you can contribute $25, $50, $100 or more to the Courage Campaign Institute, we can continue to maintain the site as the trial unfolds. Thanks.
Below is the email we sent to our members today about the Prop 8 Trial Tracker: Read More »
Later this month the long-awaited trial of Proposition 8 will commence in a federal courtroom in San Francisco. Judge Vaughn Walker will preside over the case brought by a legal dream team of Ted Olson (former Solicitor General under President Bush) and David Boies (who represented Al Gore in the Bush v. Gore case in 2000). Olson and Boies argue - correctly, in my view - that Proposition 8 is a straightforward violation of the 14th Amendment and should be struck down.
People across California and across the country are eagerly awaiting the trial, and fully expect to be able to follow it on television. But Judge Walker may close the courtroom to cameras, following on an outrageous demand from Prop 8 supporters.
One of the *fundamental* legal principles this country was built on is the openness and transparency of the judiciary. For the system to work, people must believe the process is fair, the outcomes just. And for that to occur, the public needs to be able to see what is going on in the courtroom.
On a case this important, the public's right to know should be protected and upheld in the broadest possible form. That means televising the proceedings. Since this isn't a criminal trial, there's no defendant who could be harmed by having this made public, no jury that could be swayed by the cameras. Since only a tiny handful of people will ever be able to be in the courtroom itself, that would seem like an open and shut case for allowing cameras in the courtroom. Right?
Well, not if you're the forces who put Prop 8 on the ballot and helped it pass. They are afraid of public scrutiny. Afraid of the camera. Afraid to let the people of this country hear the bigoted truth behind their defense of Proposition 8.
They have decided to organize the far-right to pressure Judge Walker to close the courtroom to cameras. Focus on the Family is circulating a petition to prevent the trial from being televised, and have generated tens of thousands of signatures.
Their argument is:
Not only is this ridiculous on its face - the people who have faced genuine "intimidation and harassment" as a result of Prop 8 are the LGBT couples who lost their rights when it passed - but it is a pretty weak reason to deny the public their right to know what is going on in that courtroom. If the Prop 8 supporters want to defend the law, they should have no hesitation to do so in a public manner, on television.
Judge Walker was planning to allow cameras in, but as a result of the Prop 8 supporters' protestations, has agreed to hold a hearing on the matter next week. He is asking for public comments *by this Friday*. So *you have a chance to determine the outcome* - will Prop 8 supporters be able to hide their true arguments, or will the public interest and democratic transparency win out?
The Courage Campaign Institute, where I work as Public Policy Director, isn't going to wait to find out. We're going to organize to deliver petitions of our own to Judge Walker, as he has solicited, in order to uphold the public interest and demand that this trial be televised.
You can sign your name here - along with CREDO Mobile, we will hand deliver the signatures to the court in San Francisco on Friday. Your signature matters - the more signatures we deliver to the court, the more likely it is that he will do the right thing in the name of equality, accountability, and transparency.
Here's the letter I wrote that the Courage Campaign Institute and CREDO are using for our petition:
Please sign it by clicking here. The right-wing, led by James Dobson and Focus on the Family, are already organizing their members to write to the court. Are you going to let them beat us?
This whole episode raises the question of what the Prop 8 supporters have to hide. They haven't been shy about their vocal support for denying equality in the past. Few have faced intimidation and harassment for it.
It's more likely that their true motivation is to prevent the American people from hearing the powerful and compelling case that Boies and Olson are going to make in that courtroom. Both lawyers are expert litigants, and are pursuing a sensible Supreme Court strategy designed to swing Anthony Kennedy to join Stevens, Ginsberg, Breyer and Sotomayor to uphold the 14th Amendment and overturn Prop 8. Kennedy has made rulings favorable to LGBT rights in the past, including /Lawrence v. Texas/ in 2003 which decriminalized sodomy.
Dobson, Prentice and the backers of Prop 8 want to hide that compelling argument from the public. They also want to hide their own anti-equality arguments from public view. In March 2009 they had Kenneth Starr argue in the California Supreme Court that voters can pass whatever they like at the ballot box, a view I label the Starr Doctrine. Such a radical idea won the day in the California Supreme Court, disappointingly enough. But in federal court, the Prop 8 backers seem to want to hide that argument from the American people.
Ironically, that trial in California Supreme Court last March WAS televised. And nobody was intimidated or harassed because of it - well, except for those who lost the right to marry the person they love when the court upheld Prop 8.
There is simply no reasonable justification for keeping cameras out of the courtroom. Thankfully, Judge Walker wants to hear your thoughts on the matter. Take him up on his offer by signing our petition right now.
Below is the urgent email we sent to our members today. Read More »
People across California and across the country are eagerly awaiting the trial, and fully expect to be able to follow it on television. But Judge Walker may close the courtroom to cameras, following on an outrageous demand from Prop 8 supporters.
One of the *fundamental* legal principles this country was built on is the openness and transparency of the judiciary. For the system to work, people must believe the process is fair, the outcomes just. And for that to occur, the public needs to be able to see what is going on in the courtroom.
On a case this important, the public's right to know should be protected and upheld in the broadest possible form. That means televising the proceedings. Since this isn't a criminal trial, there's no defendant who could be harmed by having this made public, no jury that could be swayed by the cameras. Since only a tiny handful of people will ever be able to be in the courtroom itself, that would seem like an open and shut case for allowing cameras in the courtroom. Right?
Well, not if you're the forces who put Prop 8 on the ballot and helped it pass. They are afraid of public scrutiny. Afraid of the camera. Afraid to let the people of this country hear the bigoted truth behind their defense of Proposition 8.
They have decided to organize the far-right to pressure Judge Walker to close the courtroom to cameras. Focus on the Family is circulating a petition to prevent the trial from being televised, and have generated tens of thousands of signatures.
Their argument is:
Following a short public-comment period – only five business days – the battle could bring a circus-like atmosphere. Chief Judge Vaughn Walker is considering allowing video cameras in the courtroom.
Ron Prentice, executive director of Protectmarriage.com, is concerned Walker’s decision could cause problems for proponents of Prop. 8 who have already come under attack.
"Intimidation and harassment will continue," Prentice said. "And, those who are put on the stand or are seen in the courtroom may very well be recognized and further intimidation or harassment may continue."
Not only is this ridiculous on its face - the people who have faced genuine "intimidation and harassment" as a result of Prop 8 are the LGBT couples who lost their rights when it passed - but it is a pretty weak reason to deny the public their right to know what is going on in that courtroom. If the Prop 8 supporters want to defend the law, they should have no hesitation to do so in a public manner, on television.
Judge Walker was planning to allow cameras in, but as a result of the Prop 8 supporters' protestations, has agreed to hold a hearing on the matter next week. He is asking for public comments *by this Friday*. So *you have a chance to determine the outcome* - will Prop 8 supporters be able to hide their true arguments, or will the public interest and democratic transparency win out?
The Courage Campaign Institute, where I work as Public Policy Director, isn't going to wait to find out. We're going to organize to deliver petitions of our own to Judge Walker, as he has solicited, in order to uphold the public interest and demand that this trial be televised.
You can sign your name here - along with CREDO Mobile, we will hand deliver the signatures to the court in San Francisco on Friday. Your signature matters - the more signatures we deliver to the court, the more likely it is that he will do the right thing in the name of equality, accountability, and transparency.
Here's the letter I wrote that the Courage Campaign Institute and CREDO are using for our petition:
To the Honorable Judge Vaughn Walker:
We are writing to insist that the trial of Proposition 8 be televised to the public. In any democracy, openness and transparency are necessary to the proper functioning of our courts. Americans have the right to know what is being said and argued in their courts, and allowing cameras in the courtroom to broadcast the trial is the best, most efficient way to provide the transparency to which we are entitled.
This case presents issues that are very important to the public, and will affect millions of people. However, only a tiny fraction will ever be able to watch the trial in person. By televising the trial, the public will be able to see for themselves the arguments and evidence presented by both sides, and will therefore have more confidence in the outcome of the trial.
Justice is blind, but the public is not, and should not be blind in this case. We urge you to uphold the public's right to view this important trial on television.
Please sign it by clicking here. The right-wing, led by James Dobson and Focus on the Family, are already organizing their members to write to the court. Are you going to let them beat us?
This whole episode raises the question of what the Prop 8 supporters have to hide. They haven't been shy about their vocal support for denying equality in the past. Few have faced intimidation and harassment for it.
It's more likely that their true motivation is to prevent the American people from hearing the powerful and compelling case that Boies and Olson are going to make in that courtroom. Both lawyers are expert litigants, and are pursuing a sensible Supreme Court strategy designed to swing Anthony Kennedy to join Stevens, Ginsberg, Breyer and Sotomayor to uphold the 14th Amendment and overturn Prop 8. Kennedy has made rulings favorable to LGBT rights in the past, including /Lawrence v. Texas/ in 2003 which decriminalized sodomy.
Dobson, Prentice and the backers of Prop 8 want to hide that compelling argument from the public. They also want to hide their own anti-equality arguments from public view. In March 2009 they had Kenneth Starr argue in the California Supreme Court that voters can pass whatever they like at the ballot box, a view I label the Starr Doctrine. Such a radical idea won the day in the California Supreme Court, disappointingly enough. But in federal court, the Prop 8 backers seem to want to hide that argument from the American people.
Ironically, that trial in California Supreme Court last March WAS televised. And nobody was intimidated or harassed because of it - well, except for those who lost the right to marry the person they love when the court upheld Prop 8.
There is simply no reasonable justification for keeping cameras out of the courtroom. Thankfully, Judge Walker wants to hear your thoughts on the matter. Take him up on his offer by signing our petition right now.
Below is the urgent email we sent to our members today. Read More »
I applaud you for crafting a letter to Judge Walker about camera's in the courtroom. I signed it, but also included the below personal note.
Propriety aside, it is self defeating to "insist" that a Federal judge act in your favor. He is not subject to bluster like a politician, and he is not impressed by arrogance like so many citizens.
He is immune to bullying but not to your tone. Please be careful to set the right one.
--------
The first sentence of this letter reads "we are writing to insist that the trial of Proposition 8 be televised."
Please excuse the zeal of the Courage Campaign. The word "insist" does not convey respect for your position or abilities. Obviously, this is your decision, and you will weigh it judiciously.
As you know, many people are impassioned about this case. A handful will be in the courtroom. Millions more will be elsewhere, checking the internet and television for updates.
Video can give them incomparable access. It lets them see the lawyers' arguments with their inflections and gestures intact. It helps them understand the care you put into your deliberations. It provides access to our justice system, fosters understanding of it and instills trust.
I am a nonfiction writer, and I admit that print cannot compare. It is an excellent medium for stories, ideas and opinions, but the written word inherently distorts the truth. Video just shows it. Even when it is edited, video is an eye not a brain. Of the two, I think that it is the better tool for conveying the realities of this case.
Thank you for your time and consideration.
Propriety aside, it is self defeating to "insist" that a Federal judge act in your favor. He is not subject to bluster like a politician, and he is not impressed by arrogance like so many citizens.
He is immune to bullying but not to your tone. Please be careful to set the right one.
--------
The first sentence of this letter reads "we are writing to insist that the trial of Proposition 8 be televised."
Please excuse the zeal of the Courage Campaign. The word "insist" does not convey respect for your position or abilities. Obviously, this is your decision, and you will weigh it judiciously.
As you know, many people are impassioned about this case. A handful will be in the courtroom. Millions more will be elsewhere, checking the internet and television for updates.
Video can give them incomparable access. It lets them see the lawyers' arguments with their inflections and gestures intact. It helps them understand the care you put into your deliberations. It provides access to our justice system, fosters understanding of it and instills trust.
I am a nonfiction writer, and I admit that print cannot compare. It is an excellent medium for stories, ideas and opinions, but the written word inherently distorts the truth. Video just shows it. Even when it is edited, video is an eye not a brain. Of the two, I think that it is the better tool for conveying the realities of this case.
Thank you for your time and consideration.
Camp Courage Sacramento
“Camp Courage Sacramento was and inspirational and transformative weekend for me.”
Hearing that statement from a Camp Courage attendee is nothing new. However, for me, it carries an entirely different meaning as this was not my first Camp. After attending the Camp Courage in East LA and seeing a number of my friends share the experience with their families, I immediately ran home and signed up to come to the Camp in Sacramento with my Mom and Dad. See, I grew up in Sacramento and moved to LA for college and have stayed there ever since. When I first came out to my parents, they were very supportive. However, I, like many young LGBT people was still either too nervous or too ashamed to fully share my life with them. It took me a good 3-4 years before I was comfortable enough with myself to share the details of my life, my cause, and my relationships with those I was close to. Slowly, that changed for me as I started to fight for LGBT rights and that shame dissipated. The result is that I am now as closer to my family than I have ever been and the culmination of this was brining my parents to Camp Courage.
The weekend played out as most Camp Courage’s do – effectively teaching hard and soft skills, educating participants on where the movement stands and inspiring action. Having been through Camp before, the main focus for me this weekend was on my parents and how they were feeling and what they were learning. And they genuinely seemed to enjoy themselves and were really engaged in the materials. However, for me, the crowning moment came on the car ride home. My Dad told me he had three reflections on Camp and what he had learned there that I will share with you now:
1 – He had no idea the pain that LGBT people had felt over discrimination and losing initiatives like Proposition 8 and Question 1 until he saw people speaking about them openly and honestly at the Camp. See, I have always been a more stoic, let’s “focus on what we can do in the future” type of person, so for my Mom and Dad, they had never truly appreciated the pain this had inflicted on our community until they heard the stories of personal pain from others.
2 – My Dad shared with me his “Story of Self.” He had a gay cousin who had died of AIDS when my Dad was in his 20s. He had a lesbian sister who had come out to him and was now married with her wife. And he had me, his gay son, who was fighting for equality and who he hoped could one day get married in front of friends and family. LGBT issues had slowly intertwined their way thought his life and had always handled them decently (very supportive of me and his sister), but now realized his previous actions had been woefully inadequate and that he could no longer sit on the sidelines while people he cared about suffered and were discriminated against.
3 – He needed to get involved today. He wanted to sign up to canvass and to join California Faith for Equality, provided they had a means for him to contribute to meaningful action.
As stoic as I may be, I found myself fighting back tears as my Dad related this to me and my Mom agreed with him. Then at dinner, as my Dad related to other family members what he had learned and why it was so important for us to proactively work for change – I fully understood the importance of Camp Courage. Yes, it is a great experience for LGBT leaders and organizers. However, I missed an important opportunity in East LA, when I went to Camp but neglected to recruit my straight friends and family in LA to attend with me. This experience is not just a meaningful skills training for gay people - it is an opportunity to teach, empower and share ourselves and our struggle more fully with friends, straight allies and family. It is an opportunity to bring new faces and perspectives into the fight for equality.
And perhaps within this there is a greater lesson for our movement. Winning true equality in CA and beyond is going to be complex and will take a lot of hard work. It is not something we can win on our own, but we will need the help of those people who love and support us. And much the same way, my Dad now realizes that his response to his LGBT family was good, but inadequate – I realize my work during Proposition 8 was the same. I was happy to call voters, fundraise money and talk to strangers – yet I neglected to have real conversations with the people I could most easily move on the issue. The Briggs initiative was largely defeated by LGBT people “coming out” and talking to their friends and family. Winning marriage equality will require us to do the same thing. No longer can we be afraid that we might cause some discomfort with friends, family or strangers by having candid conversations about why we NEED equality. That discomfort is not because of anything that is wrong with us, but is because of a lack of knowledge or familiarity on the part of others. And if we are too scared or too ashamed to push through those difficult moments and make this an issue that can be a normal and comfortable part of conversation, then we are doomed to keep failing at the ballot box no matter how good our commercials are and how flawless our field campaign is.
So thank you again to Courage Campaign for all they do with these Camps. They are giving us the skills and the keys to gain full equality in California and beyond. And now, it is up to us to use them.
“Camp Courage Sacramento was and inspirational and transformative weekend for me.”
Hearing that statement from a Camp Courage attendee is nothing new. However, for me, it carries an entirely different meaning as this was not my first Camp. After attending the Camp Courage in East LA and seeing a number of my friends share the experience with their families, I immediately ran home and signed up to come to the Camp in Sacramento with my Mom and Dad. See, I grew up in Sacramento and moved to LA for college and have stayed there ever since. When I first came out to my parents, they were very supportive. However, I, like many young LGBT people was still either too nervous or too ashamed to fully share my life with them. It took me a good 3-4 years before I was comfortable enough with myself to share the details of my life, my cause, and my relationships with those I was close to. Slowly, that changed for me as I started to fight for LGBT rights and that shame dissipated. The result is that I am now as closer to my family than I have ever been and the culmination of this was brining my parents to Camp Courage.
The weekend played out as most Camp Courage’s do – effectively teaching hard and soft skills, educating participants on where the movement stands and inspiring action. Having been through Camp before, the main focus for me this weekend was on my parents and how they were feeling and what they were learning. And they genuinely seemed to enjoy themselves and were really engaged in the materials. However, for me, the crowning moment came on the car ride home. My Dad told me he had three reflections on Camp and what he had learned there that I will share with you now:
1 – He had no idea the pain that LGBT people had felt over discrimination and losing initiatives like Proposition 8 and Question 1 until he saw people speaking about them openly and honestly at the Camp. See, I have always been a more stoic, let’s “focus on what we can do in the future” type of person, so for my Mom and Dad, they had never truly appreciated the pain this had inflicted on our community until they heard the stories of personal pain from others.
2 – My Dad shared with me his “Story of Self.” He had a gay cousin who had died of AIDS when my Dad was in his 20s. He had a lesbian sister who had come out to him and was now married with her wife. And he had me, his gay son, who was fighting for equality and who he hoped could one day get married in front of friends and family. LGBT issues had slowly intertwined their way thought his life and had always handled them decently (very supportive of me and his sister), but now realized his previous actions had been woefully inadequate and that he could no longer sit on the sidelines while people he cared about suffered and were discriminated against.
3 – He needed to get involved today. He wanted to sign up to canvass and to join California Faith for Equality, provided they had a means for him to contribute to meaningful action.
As stoic as I may be, I found myself fighting back tears as my Dad related this to me and my Mom agreed with him. Then at dinner, as my Dad related to other family members what he had learned and why it was so important for us to proactively work for change – I fully understood the importance of Camp Courage. Yes, it is a great experience for LGBT leaders and organizers. However, I missed an important opportunity in East LA, when I went to Camp but neglected to recruit my straight friends and family in LA to attend with me. This experience is not just a meaningful skills training for gay people - it is an opportunity to teach, empower and share ourselves and our struggle more fully with friends, straight allies and family. It is an opportunity to bring new faces and perspectives into the fight for equality.
And perhaps within this there is a greater lesson for our movement. Winning true equality in CA and beyond is going to be complex and will take a lot of hard work. It is not something we can win on our own, but we will need the help of those people who love and support us. And much the same way, my Dad now realizes that his response to his LGBT family was good, but inadequate – I realize my work during Proposition 8 was the same. I was happy to call voters, fundraise money and talk to strangers – yet I neglected to have real conversations with the people I could most easily move on the issue. The Briggs initiative was largely defeated by LGBT people “coming out” and talking to their friends and family. Winning marriage equality will require us to do the same thing. No longer can we be afraid that we might cause some discomfort with friends, family or strangers by having candid conversations about why we NEED equality. That discomfort is not because of anything that is wrong with us, but is because of a lack of knowledge or familiarity on the part of others. And if we are too scared or too ashamed to push through those difficult moments and make this an issue that can be a normal and comfortable part of conversation, then we are doomed to keep failing at the ballot box no matter how good our commercials are and how flawless our field campaign is.
So thank you again to Courage Campaign for all they do with these Camps. They are giving us the skills and the keys to gain full equality in California and beyond. And now, it is up to us to use them.
It stings, deeply, to have witnessed another close defeat for marriage equality. We fought a hard battle in Maine, and it is heartbreaking to have come so close and not won a victory.
And yet, we're not going to let this defeat discourage us. After the passage of Proposition 8, a new movement emerged to fight for and win full equality for LGBT Americans. That movement is a grassroots, bottom-up movement. The Courage Campaign has been empowering that movement ever since. That movement helped us fight to a near-victory in Maine. That movement appears to have fought to an actual victory in Washington State. And with your support, that movement will fight for victories in California and at the federal level.
The Courage Campaign is going to redouble its efforts to win. We're going to continue organizing on the ground. We're going to continue to do the research to learn from the experience in Maine and to learn how to win in California. And we're going to continue to fight for full equality at the federal level as well.
To do that, we need you to organize with us. Click here to make an investment in the movement for equality. Help us power the repeal. Help us win.
Below is the email Julia Rosen sent to our members today from Maine, where she had worked for the last week for equality. Read More »
And yet, we're not going to let this defeat discourage us. After the passage of Proposition 8, a new movement emerged to fight for and win full equality for LGBT Americans. That movement is a grassroots, bottom-up movement. The Courage Campaign has been empowering that movement ever since. That movement helped us fight to a near-victory in Maine. That movement appears to have fought to an actual victory in Washington State. And with your support, that movement will fight for victories in California and at the federal level.
The Courage Campaign is going to redouble its efforts to win. We're going to continue organizing on the ground. We're going to continue to do the research to learn from the experience in Maine and to learn how to win in California. And we're going to continue to fight for full equality at the federal level as well.
To do that, we need you to organize with us. Click here to make an investment in the movement for equality. Help us power the repeal. Help us win.
Below is the email Julia Rosen sent to our members today from Maine, where she had worked for the last week for equality. Read More »
From: Rick Jacobs, Chair, Courage Campaign and the staff of the Courage Campaign
To: Our friends, allies and partners in the marriage equality movement
Subject: 2010: It's time to make a decision
I write to you today with urgency and seriousness. After months of discussion and debate, the time has come to make the tough decision.
In May, 83% of Courage Campaign members said that our organization should work with our partners to place a marriage equality initiative on the ballot in 2010. If the Courage Campaign and our allies in the movement want to initiate the repeal of Prop 8 in 2010, we must make that decision very soon.
Frankly, too much attention has been placed on the political consequences of running an election in 2010 or 2012. The bottom line is that we must begin now to convince the people of California that civil marriage rights should be made available to all people, period. None of us should have to wait one more day to achieve equality at any level.
And while I say that, I also don’t want to lose this critical battle. Going to the ballot in 2010 is a decision that obviously comes with potential consequences.
Our members told us to help build the movement, so over the last several months, the Courage Campaign has mobilized 44 grassroots Equality Teams in 23 counties across California. And we’ve held five Camp Courage trainings in communities from the coast to the Central Valley to train people to be successful organizers. Last weekend alone, 279 activists gathered in East L.A. at the most diverse Camp Courage yet, with tremendous support from the Latino and Asian Pacific Islander communities.
We've also been working with some of the smartest, most experienced campaign professionals in America -- people who ran Barack Obama’s campaign, who know California and who can help our movement chart a course to victory. They've given us tough love, great advice and helped us outline the steps necessary to a successful outcome. This team isn't telling us when to initiate the repeal of Prop 8, but they are telling us we need to start now with a persuasion campaign designed to win the hearts and minds of California voters -- no matter which election year we wage the battle.
The Courage Campaign will support a repeal of Prop 8 in 2010 if our members -- together with other major stakeholders involved in this movement -- make a strong commitment to this campaign.
I want to be clear that no one organization can dominate what will need to be an independent, but accountable campaign operation. The Courage Campaign will aggressively support the effort, not run it. A small governing structure should oversee the day-to-day operations -- giving an experienced campaign manager the latitude necessary to make smart, strategic and timely decisions. If a campaign for 2010 materializes, the governing structure should include those who did not necessarily support going to the ballot in 2010, but are necessary and fundamental partners to any campaign to win back marriage equality.
To win, we will need to run a smarter, stronger and more disciplined campaign. The first step in running a winning campaign is to ensure we use the most effective initiative language that a majority of California voters will support. This takes research – expert polling and focus group work that will help us gain the best understanding of the California electorate. And we must begin that research immediately.
Along with our allies, we need to raise $200,000 to conduct this research -- and we don't have much time to raise it. If the Courage Campaign can raise $100,000 and our partners and allies in the movement can raise another $100,000 -- for a total of $200,000 -- we can put the research effort in place and meet the late September deadline recommended by the Secretary of State for filing an initiative for 2010.
We are prepared to ask our members to raise $100,000 to meet our commitment to this goal. We are willing to ask the Courage Campaign community to make this commitment because they expressed their support for going to the ballot in 2010 by such an overwhelming margin.
If we can make this community fundraising goal, we can move forward. If we can't make this community fundraising goal, then we will have to accept that the movement is not ready to produce the funding and resources necessary to support a campaign to repeal Prop 8 in 2010. And we will have to wait until 2012 to bring marriage equality to the ballot again.
Our people-powered organization is ready to win, but we are faced with the reality of these deadlines. If we want to convince a majority of our fellow Californians to support full civil marriage rights in 2010, the marriage equality movement has to stand up and commit to the cause now.
Together.
To: Our friends, allies and partners in the marriage equality movement
Subject: 2010: It's time to make a decision
I write to you today with urgency and seriousness. After months of discussion and debate, the time has come to make the tough decision.
In May, 83% of Courage Campaign members said that our organization should work with our partners to place a marriage equality initiative on the ballot in 2010. If the Courage Campaign and our allies in the movement want to initiate the repeal of Prop 8 in 2010, we must make that decision very soon.
Frankly, too much attention has been placed on the political consequences of running an election in 2010 or 2012. The bottom line is that we must begin now to convince the people of California that civil marriage rights should be made available to all people, period. None of us should have to wait one more day to achieve equality at any level.
And while I say that, I also don’t want to lose this critical battle. Going to the ballot in 2010 is a decision that obviously comes with potential consequences.
Our members told us to help build the movement, so over the last several months, the Courage Campaign has mobilized 44 grassroots Equality Teams in 23 counties across California. And we’ve held five Camp Courage trainings in communities from the coast to the Central Valley to train people to be successful organizers. Last weekend alone, 279 activists gathered in East L.A. at the most diverse Camp Courage yet, with tremendous support from the Latino and Asian Pacific Islander communities.
We've also been working with some of the smartest, most experienced campaign professionals in America -- people who ran Barack Obama’s campaign, who know California and who can help our movement chart a course to victory. They've given us tough love, great advice and helped us outline the steps necessary to a successful outcome. This team isn't telling us when to initiate the repeal of Prop 8, but they are telling us we need to start now with a persuasion campaign designed to win the hearts and minds of California voters -- no matter which election year we wage the battle.
The Courage Campaign will support a repeal of Prop 8 in 2010 if our members -- together with other major stakeholders involved in this movement -- make a strong commitment to this campaign.
I want to be clear that no one organization can dominate what will need to be an independent, but accountable campaign operation. The Courage Campaign will aggressively support the effort, not run it. A small governing structure should oversee the day-to-day operations -- giving an experienced campaign manager the latitude necessary to make smart, strategic and timely decisions. If a campaign for 2010 materializes, the governing structure should include those who did not necessarily support going to the ballot in 2010, but are necessary and fundamental partners to any campaign to win back marriage equality.
To win, we will need to run a smarter, stronger and more disciplined campaign. The first step in running a winning campaign is to ensure we use the most effective initiative language that a majority of California voters will support. This takes research – expert polling and focus group work that will help us gain the best understanding of the California electorate. And we must begin that research immediately.
Along with our allies, we need to raise $200,000 to conduct this research -- and we don't have much time to raise it. If the Courage Campaign can raise $100,000 and our partners and allies in the movement can raise another $100,000 -- for a total of $200,000 -- we can put the research effort in place and meet the late September deadline recommended by the Secretary of State for filing an initiative for 2010.
We are prepared to ask our members to raise $100,000 to meet our commitment to this goal. We are willing to ask the Courage Campaign community to make this commitment because they expressed their support for going to the ballot in 2010 by such an overwhelming margin.
If we can make this community fundraising goal, we can move forward. If we can't make this community fundraising goal, then we will have to accept that the movement is not ready to produce the funding and resources necessary to support a campaign to repeal Prop 8 in 2010. And we will have to wait until 2012 to bring marriage equality to the ballot again.
Our people-powered organization is ready to win, but we are faced with the reality of these deadlines. If we want to convince a majority of our fellow Californians to support full civil marriage rights in 2010, the marriage equality movement has to stand up and commit to the cause now.
Together.
Note from Robert: Rick Jacobs, Founder and Chair of the Courage Campaign, wrote the message below explaining the Courage Campaign's "Four Principles for a United Movement." The four principles were also distributed by Courage Campaign staffers at the Leadership Summit in San Bernardino last Saturday.
This past Saturday in San Bernardino, activists gathered for the third in a series of leadership summits to determine the best course of action to win back marriage equality in California.
Winning a campaign to repeal Proposition 8 will take hard work and sacrifice from thousands of activists, community leaders, contributors and volunteers. The marriage equality movement is powerful and determined. The next step for the movement is to add structure that empowers the grassroots and netroots to win as soon as possible..
The Courage Campaign proposes the following "Four Principles for a United Movement" -- the foundation of a campaign to restore marriage equality to California:
1. Our campaign to win must begin now, regardless of when the movement decides to place a marriage equality initiative on the ballot.
2. To unite the strength of activists across California, the campaign must be independent, accountable, and not dominated by any one organization.
3. To gain the trust and full commitment of supporters, the campaign needs a representative and functional governance structure.
4. Victory on election day requires a strong, experienced campaign manager who understands California politics and has won battles like this before. Our opposition is well-organized, and we need exceptional leadership on our side to prevail.
Following on these principles, the Courage Campaign does not expect and does not intend to run the next campaign to repeal Prop 8, although we expect to have a voice at the table.
The first step towards victory, no matter the date of the election, is training and empowering marriage equality activists across the state. The Courage Campaign has been laying the groundwork for a victorious campaign by conducting intensive training, coordinating online, mobilizing volunteers, partnering with progressive organizations and building infrastructure for the long-term.
Since January, the Courage Campaign has been training and empowering marriage equality activists across the state at "Camp Courage" training events as well as building 44 "Equality Teams" in 23 counties across California -- serving the organizations and individuals that are fueling the movement toward marriage equality. So far, these Equality Teams have participated in 128 events statewide since March -- including canvasses, trainings, and phone banks -- with more events taking place every week. These teams will be the backbone of any future campaign effort to repeal Prop 8:
http://www.couragecampaign.org/EqualityTeams
The Courage Campaign will host the fifth Camp Courage training event in East Los Angeles on August 1-2. Modeled after Camp Obama, these intensive one or two-day programs have been instrumental in channeling the enthusiasm of activists into effective action. More than 700 activists have been trained in Los Angeles, Fresno, San Diego and Oakland. Some of the lead co-sponsors of Camp Courage include the Human Rights Campaign, CREDO Mobile, Dr. Bill Resnick, HONOR PAC, California Nurses Association and the Dolby Family.
Several community organizations will be co-hosting Camp Courage East Los Angeles, including API Equality LA, Bienestar, California Faith for Equality, Equal Roots, HONOR PAC, Latino Equality Alliance, Somos Familia, and The Wall Las Memorias Project. This unique training will serve a diverse cross-section of the Los Angeles community. Registration pages for Camp Courage East LA are set up in English and Spanish:
ENGLISH: http://www.couragecampaign.org/CampEastLA
SPANISH: http://www.couragecampaign.org/EastLAEspanol
This past Saturday in San Bernardino, activists gathered for the third in a series of leadership summits to determine the best course of action to win back marriage equality in California.
Winning a campaign to repeal Proposition 8 will take hard work and sacrifice from thousands of activists, community leaders, contributors and volunteers. The marriage equality movement is powerful and determined. The next step for the movement is to add structure that empowers the grassroots and netroots to win as soon as possible..
The Courage Campaign proposes the following "Four Principles for a United Movement" -- the foundation of a campaign to restore marriage equality to California:
1. Our campaign to win must begin now, regardless of when the movement decides to place a marriage equality initiative on the ballot.
2. To unite the strength of activists across California, the campaign must be independent, accountable, and not dominated by any one organization.
3. To gain the trust and full commitment of supporters, the campaign needs a representative and functional governance structure.
4. Victory on election day requires a strong, experienced campaign manager who understands California politics and has won battles like this before. Our opposition is well-organized, and we need exceptional leadership on our side to prevail.
Following on these principles, the Courage Campaign does not expect and does not intend to run the next campaign to repeal Prop 8, although we expect to have a voice at the table.
The first step towards victory, no matter the date of the election, is training and empowering marriage equality activists across the state. The Courage Campaign has been laying the groundwork for a victorious campaign by conducting intensive training, coordinating online, mobilizing volunteers, partnering with progressive organizations and building infrastructure for the long-term.
Since January, the Courage Campaign has been training and empowering marriage equality activists across the state at "Camp Courage" training events as well as building 44 "Equality Teams" in 23 counties across California -- serving the organizations and individuals that are fueling the movement toward marriage equality. So far, these Equality Teams have participated in 128 events statewide since March -- including canvasses, trainings, and phone banks -- with more events taking place every week. These teams will be the backbone of any future campaign effort to repeal Prop 8:
http://www.couragecampaign.org/EqualityTeams
The Courage Campaign will host the fifth Camp Courage training event in East Los Angeles on August 1-2. Modeled after Camp Obama, these intensive one or two-day programs have been instrumental in channeling the enthusiasm of activists into effective action. More than 700 activists have been trained in Los Angeles, Fresno, San Diego and Oakland. Some of the lead co-sponsors of Camp Courage include the Human Rights Campaign, CREDO Mobile, Dr. Bill Resnick, HONOR PAC, California Nurses Association and the Dolby Family.
Several community organizations will be co-hosting Camp Courage East Los Angeles, including API Equality LA, Bienestar, California Faith for Equality, Equal Roots, HONOR PAC, Latino Equality Alliance, Somos Familia, and The Wall Las Memorias Project. This unique training will serve a diverse cross-section of the Los Angeles community. Registration pages for Camp Courage East LA are set up in English and Spanish:
ENGLISH: http://www.couragecampaign.org/CampEastLA
SPANISH: http://www.couragecampaign.org/EastLAEspanol
Maybe it was the heat. Maybe it was that an amazingly gracious church who, on a hot, San Bernardino summer day, had 200 sweltering people emotionally overheated and packed into its hall with an AC struggling to keep up.Or maybe it's because the California LGBT population has cannibalized its leadership to the point where no one is willing to take the unpopular stance of leading this wounded community made up of people that will bite anyone's head off who has a slightly different opinion from theirs.
Whatever you believe the reason to be, the Leadership Summit on Sunday was an utter failure. And we have no one to blame but ourselves. Read More »
While discussing the lawsuit challenging Proposition 8 in federal court, Brian Raum, an attorney representing the defense, said that Prop 8 does not discriminate because it allows gay people to marry as long as they wed someone of the opposite sex.
Classic.
Well, the real right represented by the right to marriage is the opportunity to create a healthy family, of two or more, out of a strong relationship. That isn't possible for a homosexual person in a heterosexual relationship to do. I mean, can you imagine if lesbians and gay guys were marrying each other? I don't think anyone wants to see the end of that BBC documentary.
July 2nd could mark the beginning of the end to Prop 8, the controversial initiative that stripped California's LGBT population of the right to marry.Why? Because on July 2nd, the first hearing of the federal case brought against Prop 8 by power team Ted Olson and David Boies will be heard in the North California U.S. District Court with the case assigned to Judge Vaughn Walker.
Even more dramatically, Olson and Boies, who have an amazing track record of winning cases, had requested a preliminary injunction against the initiative while the courts heard the merits of their case. In other words, this would have put the enforcement of Prop 8 in the Golden State on hold during the trial, consequently allowing same-sex marriages to occur again.
The hearing on July 2nd would've centered around the merits of the injunction, but Judge Walker had other thoughts in mind, calling recently for a move to “proceed expeditiously to trial."
“Given that serious questions are raised in these proceedings ... the court is inclined to proceed directly and expeditiously to the merits of plaintiffs' claims," the judge declared. “The just, speedy and inexpensive determination of these issues would appear to call for proceeding promptly to trial."
(See Case Document and Motion for Preliminary Injunction, Judge Walker's Order for Trial) Read More »
Last week we asked our members to turn fear into hope and match the Dolby family's $25,000 donation to support our marriage equality campaign. We've had stunning success with this, raising over $70,000 to hold Camp Courage grassroots training events and other marriage equality actions around the state.
Our success has even attracted the attention of Tina Daunt at the LA Times, who wrote about our campaign in her column yesterday:
Can we make it to $100,000? That's what Tom Dolby and his partner Drew Frist want to know. They sent the following email to our members yesterday to challenge them to meet the $100,000 mark and ensure that our Camp Courage trainings can continue across the state.
Click here to help us make the match!
Below is the email from Tom Dolby and Drew Frist:
------------------------------------------------- Read More »
Our success has even attracted the attention of Tina Daunt at the LA Times, who wrote about our campaign in her column yesterday:
Political professionals like to say that all politics are local, but for those involved in the fight to reverse Prop. 8's ban on same-sex unions, it's become deeply personal, as well. This week, Rick Jacobs, who chairs the Courage Campaign -- the focal point of the reversal efforts -- began circulating an e-mail by author Tom Dolby that indicates how these new politics may play out in the months ahead.
Dolby's letter is at once a fundraising appeal and a passionate account of what Prop. 8's passage meant to him, his partner Drew Frist and their families. "My partner, Drew, and I are getting married this Saturday," Dolby writes. "But not in California, where I grew up and my family has lived for more than 30 years." Instead, the couple will marry in Connecticut, where same-sex marriages still are recognized. "That is why we will be legally married this coming Saturday in the state of Connecticut, where lawyers tell us we'll always have equal rights. However, according to the state of California, our marriage will be meaningless. This is not acceptable. Equality belongs to everyone and same-sex marriage should not be reserved for those who can only travel to another state, 3,000 miles away.
"That's why I asked my family last week to make a $25,000 challenge grant to support the Courage Campaign's transformative 'Camp Courage' training program for marriage equality activists -- a personal action in direct response to the [pro-Prop. 8] National Organization for Marriage's $1.5 million 'Gathering Storm' national TV ad campaign."
Can we make it to $100,000? That's what Tom Dolby and his partner Drew Frist want to know. They sent the following email to our members yesterday to challenge them to meet the $100,000 mark and ensure that our Camp Courage trainings can continue across the state.
Click here to help us make the match!
Below is the email from Tom Dolby and Drew Frist:
------------------------------------------------- Read More »
Greetings! I just wanted to inform you that we are working on organizing a phone bank within the coming weeks. We will work from a list to discover our friends, our foes and those who are undecided. This is important groundwork for repealing Prop. 8. We hope you can all dedicate at least an hour of your time. All you will need is a cell phone and your voice. The work starts here and it starts with us. I will keep you informed as the details get hammered out. Thank you!
According to many of the university's alumni, he is.With the infamous lawyer's long track record, ranging from being the prosecutor that impeached President Bill Clinton to Solicitor General, and now his position as lead counsel for the supporters of Proposition 8, many who attended Pepperdine are not comfortable having Ken Starr as the current dean of the university. They feel his stance on Proposition 8 is "a disgrace."
So they've decided to take action. They've formed a Faceebook group, Pepperdine Law Alums in Support of Repealing Prop 8 and have addressed a letter to be sent to the dean. Read More »
On March 5, 2009 the California Supreme Court heard oral arguments on the validity of Proposition 8, which banned the once legal right for same-sex marriages in the state of California. The oral argument was televised in the San Francisco Civic Center and many people attended demonstrating the views on the proposition.
Initially I wanted to document both sides, but I found that I was almost sucked into documenting the Yes on 8 demonstrators. To me they had this strong religious belief that for many of them seem to fall on the side of hate.
I strongly felt that others who have not been apart of the movement need to see faces frozen in time. Faces that are often filled with disgust and hate.
http://www.blurb.com/bookstore/detail/605448
We vowed to fight another day after Proposition 8's passage last November, and the Field Poll gives statistical fuel to that fire by showing that opinions remain essentially unchanged from the fall:
For equal marriage: 48%
Against equal marriage: 47%
Significantly, the Field Poll finds 55% of registered voters in LA County would support an ballot initiative to repeal Prop 8. Prop 8 narrowly passed in LA County back in November. If marriage equality can win LA County, then it would go a long way toward winning statewide.
Of course, winning LA County wouldn't be enough unless the 2008 numbers are improved around the state. That's why aggressive efforts to expand the map, such as taking Camp Courage to Fresno, are necessary parts of a broader organizing strategy that will finally provide the kind of on the ground presence that was so damaging by its absence last fall. We need to reach out to every community in California with a smart, sustained strategy to build upon existing support for marriage equality by giving local activists the tools they need to win.
The movement will decide when will be the best time to return to the ballot - we're likely to only get one shot at this, for if we fail again then it will be many years before another effort is launched. We have to do research to determine when the best opportunity is to win a victory, whether it's one of the two elections in 2010 or the 2012 presidential election.
Rick Jacobs, Chair and Founder of the Courage Campaign, explained his take on the poll results:
The passage of Prop 8 in 2008 has catalyzed the construction of a big, broad movement that will have reach in every corner of California. And that is how we are going to reverse the injustice of November 4 and restore equal rights to all Californians.
For equal marriage: 48%
Against equal marriage: 47%
Significantly, the Field Poll finds 55% of registered voters in LA County would support an ballot initiative to repeal Prop 8. Prop 8 narrowly passed in LA County back in November. If marriage equality can win LA County, then it would go a long way toward winning statewide.
Of course, winning LA County wouldn't be enough unless the 2008 numbers are improved around the state. That's why aggressive efforts to expand the map, such as taking Camp Courage to Fresno, are necessary parts of a broader organizing strategy that will finally provide the kind of on the ground presence that was so damaging by its absence last fall. We need to reach out to every community in California with a smart, sustained strategy to build upon existing support for marriage equality by giving local activists the tools they need to win.
The movement will decide when will be the best time to return to the ballot - we're likely to only get one shot at this, for if we fail again then it will be many years before another effort is launched. We have to do research to determine when the best opportunity is to win a victory, whether it's one of the two elections in 2010 or the 2012 presidential election.
Rick Jacobs, Chair and Founder of the Courage Campaign, explained his take on the poll results:
"We don't expect the court will rule to overturn Prop. 8 so there will likely be another initiative," said Rick Jacobs, chair and found of the Courage Campaign, an organizing network for progressive causes in California. "The movement understands that we will have to win at the ballot box as soon as it is politically feasible."...
"We will go county by county to begin in earnest the work of changing hearts and minds," Jacobs said. "We are building our army and the infrastructure to reverse Prop. 8.
"No one did that in the last election."
The passage of Prop 8 in 2008 has catalyzed the construction of a big, broad movement that will have reach in every corner of California. And that is how we are going to reverse the injustice of November 4 and restore equal rights to all Californians.
Oral arguments just ended at the California Supreme Court in San Francisco, and you can read more on my take on the events over at Calitics - I think the 18,000 marriages will be upheld, but I am unsure of whether we'll win the big battle of overturning Proposition 8.
It will come down to Justices Joyce Kennard and Carol Corrigan, and Kennard was very unsympathetic to the "it's a revision, not an amendment" argument. However, Therese Stewart of the San Francisco City Attorney's office did a great job responding to that, explaining that upholding Prop 8 would be declaring open season on ALL fundamental rights for Californians, raising the specter that Ken Starr and his right-wing allies will have every last one of us in their sights if this is upheld.
That's why it's so important we build a grassroots movement to ensure that no matter what the court decides, we will ensure that everyone's equal rights are protected in California.
It's for that reason that we at the Courage Campaign are so excited to announce that Sean Penn, Dustin Lance Black, Cleve Jones, Gus Van Sant, Bruce Cohen and Dan Jinks - the actor, writer, historical consultant, director and producers of the film "Milk", have sent out a message to Courage Campaign members asking them to help Build the Movement for marriage equality.
They're here to recruit you to be a part of our grassroots army to undo Proposition 8 and restore marriage equality to California.
Below is the email we sent to our members just as the oral arguments ended today: Read More »
It will come down to Justices Joyce Kennard and Carol Corrigan, and Kennard was very unsympathetic to the "it's a revision, not an amendment" argument. However, Therese Stewart of the San Francisco City Attorney's office did a great job responding to that, explaining that upholding Prop 8 would be declaring open season on ALL fundamental rights for Californians, raising the specter that Ken Starr and his right-wing allies will have every last one of us in their sights if this is upheld.
That's why it's so important we build a grassroots movement to ensure that no matter what the court decides, we will ensure that everyone's equal rights are protected in California.
It's for that reason that we at the Courage Campaign are so excited to announce that Sean Penn, Dustin Lance Black, Cleve Jones, Gus Van Sant, Bruce Cohen and Dan Jinks - the actor, writer, historical consultant, director and producers of the film "Milk", have sent out a message to Courage Campaign members asking them to help Build the Movement for marriage equality.
They're here to recruit you to be a part of our grassroots army to undo Proposition 8 and restore marriage equality to California.
Below is the email we sent to our members just as the oral arguments ended today: Read More »
Some live feeds of the oral arguments at the California Supreme Court in San Francisco: Cal Channel, MSNBC.com, KGO 7 (SF)
As the California Supreme Court hears oral arguments today it seems worth giving a quick overview of the case being brought by the supporters of marriage equality.
First is Attorney General Jerry Brown, who wrote yesterday at Calitics about his reasons for arguing why Prop 8 should be struck down:
Also at Calitics, Brian Devine offers an in-depth look at the legal reasons to overturn Prop 8 and concludes:
The Courage Campaign hopes that the California Supreme Court will do the right thing, the constitutional thing, and the legally correct thing and overturn Proposition 8. But we must all be prepared for any outcome. As we saw last year, a court victory is not a guarantee that fundamental rights will be protected (though it ought to be).
Ultimately we must organize the people of California to support equal marriage rights. And the Courage Campaign will continue to empower that activism.
As the California Supreme Court hears oral arguments today it seems worth giving a quick overview of the case being brought by the supporters of marriage equality.
First is Attorney General Jerry Brown, who wrote yesterday at Calitics about his reasons for arguing why Prop 8 should be struck down:
The case touches the heart of our democracy and poses a profound question: can a bare majority of voters strip away an inalienable right through the initiative process? If so, what possible meaning does the word inalienable have?...
Fundamental rights in California are recognized and protected by our constitution, which declares in Article I, Section 1 that "all people are by nature free and independent and have inalienable rights" and "among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy."
These fundamental premises of a free people were declared when the constitution was first adopted. The initiative process came much later in 1911, when the immediate concern was to give the people power over the railroads, which were seen as having a stranglehold over the legislature. In creating this initiative process, there was no discussion or any evidence of intent to permit a simple majority of voters to take away the pre-existing rights deemed inalienable by Article I...
I believe, therefore, the Court must conclude as I have that Proposition 8 is unconstitutional and should be stricken.
Also at Calitics, Brian Devine offers an in-depth look at the legal reasons to overturn Prop 8 and concludes:
Proposition 8 far exceeds the boundaries of our current Constitution in the three important ways discussed above. First, it alienates the fundamental and inalienable constitutional rights to privacy and due process that comprise the right to marry. Second, it obliterates the foundational principle of equal protection and imposes a new rule that a bare majority can decide to deny fundamental civil rights to unpopular minorities. Third, it violates the separation of powers clause by stripping the judicial branch of its core constitutional power to prevent the majority from obliterating constitutional rights.
Rather than carrying out the purpose of our existing Constitution, as Livermore requires of an amendment, Proposition 8's effect is to "substantially alter the purpose and to attain objectives clearly beyond the lines of the Constitution as now cast." McFadden v Jordan (1948) 32 C2d 330, 350, 196 P2d 787. This is the type of constitutional change that must be decided in the rigorous and deliberative process required to revise the Constitution, rather than approved by simple majority in a political campaign for a ballot initiative.
The Courage Campaign hopes that the California Supreme Court will do the right thing, the constitutional thing, and the legally correct thing and overturn Proposition 8. But we must all be prepared for any outcome. As we saw last year, a court victory is not a guarantee that fundamental rights will be protected (though it ought to be).
Ultimately we must organize the people of California to support equal marriage rights. And the Courage Campaign will continue to empower that activism.
Today we are proud to debut "Fidelity", to put a face on the 18,000 couples facing potential forcible divorce. On December 19, 2008, Ken Starr and the Prop 8 Legal Defense Fund filed legal briefs defending the constitutionality of Prop 8 and seeking to nullify the 18,000 same-sex marriages conducted between May and November of 2008.
The Supreme Court will hear oral arguments in this case on March 5, 2009, with a decision expected within the next 90 days.
Watch the video and then go sign the letter to the State Supreme Court, telling them to invalidate Prop 8, reject Ken Starr and the Prop 8 Legal Defense Fund's case, and let loving committed couples marry.
A special thanks to Regina Spektor for giving us permission to use her song "Fidelity".
Flip it to see the email we sent out to Courage Campaign members earlier today. Read More »
The Sacramento Bee, one of the most influential newspapers in California, sent a reporter to the first Camp Courage training in Los Angeles last weekend - and his report demonstrated the power and effectiveness of the transformative event. His story opened with an account of Cleve Jones' inspirational remarks:
And that's exactly what Camp Courage is about - giving marriage equality activists the tools they need to not just win another ballot initiative campaign, but to protect fundamental rights and connect their personal stories to those of voters. Read More »
"If you think you're going to win your rights by clicking a mouse, putting on a black tie and going to fancy parties and fundraisers, you are wrong," Jones said. "We win this by going door to door and saying, 'I am a gay man, I am a gay man, I'm a lesbian, (and) if you don't vote for this, it will hurt me.'"
And that's exactly what Camp Courage is about - giving marriage equality activists the tools they need to not just win another ballot initiative campaign, but to protect fundamental rights and connect their personal stories to those of voters. Read More »
Last week we asked our members to match a $25,000 donation from Dr. Bill Resnick and Dr. Doug Cordell to fund our Camp Courage training this Sunday in Los Angeles, and they came through big time. Courage Campaign members raised $68,000 online - most of it from small donors giving under $100. And that stunning display of support has inspired our friends at MoveOn.org to support Camp Courage as well, joining SEIU-United Healthcare Workers West and the California Nurses Association as major organizational sponsors of these training events.
Because of that incredible financial support, we are asking our members to help decide where to schedule at least 3-5 more Camp Courage trainings across California, as we work to give thousands of activists the tools they need to repeal Prop 8. These votes will help our staff make some tough decisions on where to locate our Camp Courage trainings in the months ahead.
We will weigh many factors, including prioritizing trainings in communities that will likely not receive as many votes as major metropolitan areas. Ultimately, we want to make strategic decisions and pick locations that will help build the Marriage Equality Movement across California.
Click here to vote - and help build progressive power in California.
Because of that incredible financial support, we are asking our members to help decide where to schedule at least 3-5 more Camp Courage trainings across California, as we work to give thousands of activists the tools they need to repeal Prop 8. These votes will help our staff make some tough decisions on where to locate our Camp Courage trainings in the months ahead.
We will weigh many factors, including prioritizing trainings in communities that will likely not receive as many votes as major metropolitan areas. Ultimately, we want to make strategic decisions and pick locations that will help build the Marriage Equality Movement across California.
Click here to vote - and help build progressive power in California.
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