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Heads up - the initial Prop. 8 ruling may come today.

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Maat Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-19-08 01:06 PM
Original message
Heads up - the initial Prop. 8 ruling may come today.
I'm looking forward to it; I think that our side will get the stay (prevention of the implementation of Prop. 8).

Mr. Shannon Minter, www.nclrights.org, was quoted in a wingnut article, as saying he anticipates a ruling soon (as in today)(it has the Fundies all-riled-up)(despite the source, I think that a ruling is forthcoming):

One of the lawsuits is being filed by the National Center for Lesbian Rights. Legal Director Shannon Price Minter said she is pleased that Brown is "so strongly supporting review."

http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=81364

****Endquote****

By the way, the ignoramuses don't seem to be aware that Shannon is a male (idiots).

http://www.nclrights.org/site/PageServer?pagename=About_Staff_ShannonMinter

Shannon is a great legal eagle, and is lead counsel, I believe.
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bluestateguy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-19-08 01:08 PM
Response to Original message
1. Even if our side wins, we need to be ready for the next fight
and that would be a likely recall campaign against the CA Supreme Court judges.

We can't let them be Rose Birded.
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Maat Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-19-08 01:13 PM
Response to Reply #1
2. Oh, I would fight that effort tooth and nail.
The irony is that many of the justices are rather conservative. Are they going to recall a conservative? Then, someone more moderate might be appointed.

In any case, one shouldn't be recalled for doing the right thing.
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mitchtv Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-19-08 03:48 PM
Response to Reply #1
15. I think(hope) that the churches cannot
Take part in a recall involving officials. Not sure though , as they are appointed and not elected. That might be an advantage for us
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Ian David Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-19-08 01:15 PM
Response to Original message
3. Der Gropenfuhrer said he feels this decision should be made by THE COURTS...
... which is the excuse he made when he twice vetoed legislation that would have recognized Marriage Equality in California.

But then he said he wouldn't file a legal brief in support of Marriage Equality because he didn't want to "impose his will" upon the people... and things of this nature.
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racaulk Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-19-08 01:18 PM
Response to Reply #3
4. It seems to me that all three branches of the California state government support marriage equality.
To varying degrees, at least. I just really wish they could get their shit together and make it happen, and not let this tyranny of the majority stand.
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Maat Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-19-08 01:20 PM
Response to Reply #4
6. The initial ruling towards getting rid of the tyranny of the majority ...
may come today! I'm happy!

I suspect that all of the votes weren't counted accurately.

I live in the Bible Belt of Southern California (Murrieta/Temecula), and there is no doubt, however, that we have an enormous problem of ignorance here. Many have no clue as to what "separation of church and state" means - one of the most vital American concepts.
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Maat Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-19-08 01:18 PM
Response to Reply #3
5. Many of us ..
so hate having that jerk as our Governor.

Maybe the next big effort should be a recall effort.
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Ian David Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-19-08 02:10 PM
Response to Reply #5
7. A TOTAL Recall effort? n/t
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racaulk Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-19-08 02:14 PM
Response to Reply #7
8. Stop it!!!
:spray:

Well played, sir. :thumbsup:
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AntiFascist Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-19-08 02:45 PM
Response to Reply #7
10. Don't forget, the governor is now on our side...

he may not be willing to participate in the legal filings, but he has urged us not to give up the fight to overturn the initiative, which he came out as being opposed to before the election.

We should fight any recall efforts with the message that theocratic control of the judiciary could spell the end of democracy. Look at Scalia and the Bush v. Gore ruling.
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Maat Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-19-08 04:58 PM
Response to Reply #7
16. Exactly ...
HeeHee.
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Ioo Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-19-08 02:17 PM
Response to Original message
9. My Marriage hangs on this... so let's pray for a stay, then overturn
Oct 16, 2008 - After 14 years of togetherness
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keepCAblue Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-19-08 02:53 PM
Response to Original message
11. AG Jerry Brown is urging the Supes NOT to grant a stay of Prop 8
So I doubt the Supes will, pending the outcome of the lawsuits (assuming the Supes agree to review it). Brown's position is that, should prop 8 be stayed, those glbts married between Nov.5th and the date the Supe's decide on the pending lawsuits, that those marriages will fall into the same legal black hole as did the marriages which were performed in San Fran in 2004. Jerry Brown is standing by his conviction that the marriages performed prior to Nov. 5th are legal and will stay as such, but in the (tragic) event the Supes uphold Prop 8's legality, those marriages performed in the interim (during the stay period) would likely have to be nullified. I don't think the Supes are going to risk that happening.

There is the very real possibility the Supes will uphold prop 8 as an amendment and not see it as a revision, as suggested by this excerpt from an article in today's SF Chron:

A dissenting view came from Joseph Grodin, a former California Supreme Court justice who teaches constitutional law at Hastings. The definition of a constitutional revision, he said, should be extended to the fundamental rights of any group that "needs protection against the majority."

"You shouldn't be able to take away those rights simply by putting another measure on the ballot and having a majority vote," said Grodin, one of three justices voted out of office in 1986 in a backlash against court rulings overturning death sentences.

Another Hastings professor, Calvin Massey, invoked the court's 1978 ruling upholding the death penalty as a reason that the Prop. 8 challenge should fail.

"I can't think of any more fundamental right than to not have my government put me to death," he said. "That was found to be an amendment, not a revision."


It is hard to disagree with Calvin Massey's statement, which is why I think there is every possibility the Supes might uphold Prop 8; I hope and pray this is not the case, but if it is, we as a community need to not sit back and relax whilst waiting for the Supes to overturn prop 8. We need to keep our anger, energy, convictions and momentum going strong in fighting prop 8 nearly daily at the local and national levels. It's crucial we keep our fight for civil rights in the public eye for all to see--including the CA Supremes as well as President-elect Barack Obama. Obama, like JFK, will ultimately be the one who must brave the tide and buck the prevailing public bigotry, and grant ALL American glbts their full and equal citizenship.
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AntiFascist Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-19-08 03:00 PM
Response to Reply #11
12. The Capital Punishment decision does not directly translate...

to the erosion of minority rights. It is difficult to argue that prisoners on death row as a class are on an equal footing to racial minorities and women.
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GodlessBiker Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-19-08 03:25 PM
Response to Reply #12
13. Indeed. Prisoners on death row are not a suspect class. The death penalty case is distinguishable.
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Ioo Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-19-08 03:36 PM
Response to Reply #11
14. It is a position he MUST take as AG. Look at the arguments he makes for clues
If the reason behind why he say not to stay are nuts, maybe he is setting this up to make it easy for the justices.

Look as the AG he must defecnd the states position. He just does not have to do it very hard.
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