Cruz Lines

CA Supreme Court's Disappointing Standing Decision

2011-11-17T23:55:00.000-08:00

Well, my heart went "boom" The California Supreme Court issued the latest entry in the legal paper trail of the saga of Proposition 8 today. Prop 8, recall, is California’s initiative constitutional amendment that stripped same-sex couples of their previously fundamental right to marry under the California Constitution. Answering a question that had been certified by the U.S. Court of Appeals

California Supreme Court to Rule on Prop 8 Case

2011-11-16T13:08:00.000-08:00

Just thinking about/Tomorrow The California Supreme Court has announced that it will rule in the Prop 8 standingt-to-appeal litigation (see my previous blog post here, which includes links to earlier, more detailed explanatory posts) tomorrow, Thursday, November 17, at 10:00 a.m. Crossing my fingers the decision will not reflect the confusion some of the Justices displayed at oral argument. I

Appeals Court Vacates Historic Decision Against “Don’t Ask, Don’t Tell”

2011-09-29T16:58:00.000-07:00

“Emptiness and misery/Took it all away ya see/Yes… bitter” Just one day after briefing was completed, the United States Court of Appeals for the Ninth Circuit has invalidated U.S. District Judge Virginia Phillips’s historic October 2010 decision holding that the federal statute and regulations known as “Don’t Ask, Don’t Tell” (DADT) were unconstitutional. Unless this decision (available here)

Symposium on Marriage for Same-Sex Couples

2011-08-23T14:33:00.000-07:00

"Words words words on cracked old pages/How much of truth remains?" In the run-up to the California Supreme Court arguments September 6 on the litigation challenging Proposition 8 and the cluster of cases challenging the Defense of Marriage Act, SCOTUSblog is now running an online symposium (link here) about marriage for same-sex couples, featuring commentary from numerous academics and a few

Don't Ask, Don't Tell Enjoined, Again

2011-07-06T15:53:00.000-07:00

"I'll be true to you in the whole world" The United States Court of Appeals for the Ninth Circuit has lifted the stay of Judge Virginia Phillips worldwide injunction of "Don't Ask, Don't Tell" entered in October 2010 after trial in a case brought by the Log Cabin Republicans. In an order (here) by a three-judge panel comprising Chief Judge Alex Kozinski and Circuit Judges Kim McLane Wardlaw and

Bankruptcy Judges’ Defense of Marriage Act Ruling Briefly Summarized

2011-06-14T10:01:00.000-07:00

“Cos it's a wave of bankruptcy/Can you believe now what you see?” As I mentioned here, on Monday, June 13, the federal bankruptcy court in the Central District of California held that the section of the Defense of Marriage Act or DOMA that denies federal effect to lawful marriages between same-sex couples was unconstitutional as applied to a male married couple who filed

20 Bankruptcy Judges Jointly Invalidate Defense of Marriage Act

2011-06-14T08:50:00.000-07:00

"Cooperation is the secret to our success" On Monday, June 13, the federal bankruptcy court in the Central District of California, which includes Los Angeles, held that the section of the Defense of Marriage Act or DOMA that denies federal effect to lawful marriages between same-sex couples was unconstitutional as applied to a male married couple who filed for bankruptcy.

Effort to Impeach Iowa Supreme Court Justices

2011-04-22T09:28:00.000-07:00

“I don't even know which trick I ought to try” Gavel to Gavel is reporting that impeachment resolutions have been filed in the Iowa House to try to remove the remaining four Iowa Supreme Court justices who joined the unanimous May 2009 decision holding that the state constitution required an end to the state’s exclusion of same-sex couples from marriage. The other three justices who had joined

Arkansas Ban on Adoption by Gay (and Other Unmarried) Cohabitors Struck Down

2011-04-07T17:34:00.000-07:00

The man’s got his eye on me/And that’s an invasion of my privacy The Supreme Court of Arkansas unanimously held today that the state’s ban on adoption or foster parenting by persons who are cohabiting with a sexual partner outside marriage violated the state constitution. In Arkansas Department of Human Services v. Cole (opinion here), the court concluded that the law violated the state

Liberally Distorting Constitutional Law and Presidential Independence

2011-02-24T11:20:00.000-08:00

No one part can be more powerful than any other is./ Each controls the other you see, and that's what we call checks and balances. UCLA Law Professor Adam Winkler has published a piece in the Huffington Post (here) arguing that President Obama’s decision not to defend Section 3 of the Defense of Marriage Act (DOMA) in two cases filed in federal courts in New York and Connecticut “should be

gay.americablog.com live chat on DOMA here 3:30 p.m. PST 2/23

2011-02-23T12:47:00.000-08:00

DOMA Chat with Prof. David B. Cruz

Obama DOJ Drops Federal Definition Section of DOMA

2011-02-23T09:49:00.000-08:00

"Love won't take no for an answer." The Attorney General has announced the Justice Department's conclusion that Section 3 of the so-called Defense of Marriage Act (DOMA) is unconstitutional, so they will not defend it, but they will still enforce it. Well, actually, they concluded this as applied to same-sex couples who have legally married, so I suppose they could still defend it to refuse

California Supreme Court to Hear Prop 8 Case, Again

2011-02-16T17:06:00.000-08:00

"You waltz right in the door/Just like you done before" The California Supreme Court has agreed to answer the question that the Ninth Circuit requested it answer for Perry v. Schwarzenegger, the federal lawsuit seeking to hold Proposition 8 unconstitutional. The California high court's decision, although not a certainty, was widely expected by legal observers. The accelerated schedule the

Article on Federalism Challenges to the Defense of Marriage Act

2011-01-22T06:37:00.000-08:00

“The way is long and the shrine is far” The Defense of Marriage Act and Uncategorical Federalism is an article I have written that is forthcoming this March in volume 19 of the William and Mary Bill of Rights Journal (2011). It addresses Tenth Amendment/federalism challenges to Section 3 of the so-called Defense of Marriage Act, which defines “marriage” for most federal law purposes as only a

Prop 8 Case Returns to California Supreme Court

2011-01-04T14:39:00.001-08:00

“Why leave me standing here? / Let me know the way.” The U.S. Court of Appeals for the Ninth Circuit today put the attempted appeal in the Proposition 8 case on hold so they could certify a question of California law to the Supreme Court of California (SCOCA). If that court says that the official proponents who sponsored Prop 8 do not have all-purpose authority to defend the measure in any

Cooley and the Prop 8 Appeal

2010-11-09T15:35:00.000-08:00

“Hey neighbor let me give you some advice” Williams Institute fellow Craig Konnoth has written a “Viewpoint” opinion piece in the Sacramento Bee here, where he argues that the outcome of the very close race between Steve Cooley and Kamala Harris “is important for same-sex marriage rights nationally.” Cooley has said that he would defend Proposition 8 if he were Attorney General; Harris has said

2009 Decision Upholding Prop 8 Deeply Wrong, Article Argues

2010-10-27T20:29:00.000-07:00

We’re right/We’re free/We’ll fight/You’ll see Pardon the shameless self-promotion, but I just wanted to note that my article “Equality’s Centrality: Proposition 8 and the California Constitution” has been published by the Southern California Review of Law and Social Justice in Volume 19 Number 1 (Winter 2010), available here. The piece analyzes text, history, precedent, and political theory to

Prop 8 Trial Tracker Takes on Prop 8 Proponents' Appellate Brief

2010-09-19T21:20:00.000-07:00

"Hey, Pearl, what's bugging you, girl?" On Prop 8 Trial Tracker, Brian Devine has "attempt[ed] to provide some initial legal analysis of the Opening Brief filed by the Proponents of Prop. 8[,] writing about the issues of standing and jurisdiction." You can read his take here. I appreciate the value of trying to wade through the Proponents’ filings for the general public. But I don’t know

Sexual Orientation Discrimination and Sex Discrimination in the Prop 8 Trial Opinion

2010-08-28T07:19:00.000-07:00

“A man should put the food upon the family plate” One of the little-remarked aspects of Chief Judge Vaughn Walker’s lengthy opinion (here) following trial in Perry v. Schwarzenegger, holding California’s Proposition 8 unconstitutional, is its linkage of sex discrimination and sexual orientation discrimination in the context of marriage equality and marriage discrimination. (I’ve flagged it for

Do the Prop 8 Proponents Have Standing to Appeal?

2010-08-13T18:20:00.000-07:00

But if you don't change yourself / You have no right to complain On Thursday, August 12, U.S. District Court Chief Judge Walker issued his decision to deny an indefinite stay (here) of his ruling that Proposition 8 is unconstitutional (here). The $64,000 question now on many people’s minds is, will there be an appeal? Governor Schwarzenegger and Attorney General Brown have stated that the

Prop 8 Unconstitutional, Injunction Against It Temporarily Stayed

2010-08-04T14:45:00.000-07:00

In a nutshell: Chief Judge Vaughn Walker has held that California's Proposition 8 violates the right to marry protected by the Due Process Clause and violates the Equal Protection Clause, discriminating on the basis of sexual orientation (which he concludes here is equivalent to discrimination based on sex), and doing so without even a rational basis. As a remedy, Walker's opinion directs that

DOMA Federal Definition Section Held Unconstitutional: Rulings Summarized

2010-07-11T14:32:00.000-07:00

“Keep a tender distance/So we’ll both be free” In a pair of lawsuits (Gill v. Office of Personnel Management and Massachusetts v. U.S. Department of Health and Human Services), the federal trial court in Boston held on July 8 that Section 3 of the Defense of Marriage Act (“DOMA”) was unconstitutional as applied to the plaintiffs. DOMA Section 3 defines “marriage” to exclude same-sex couples

Hastings Needn't Pay for Christian Legal Society Discrimination

2010-06-28T09:44:00.000-07:00

“We’re different in a good way/Together’s where we belong” In Christian Legal Society v. Martinez, the U.S. Supreme Court today rejected an effort by CLS to challenge a rule at Hastings College of Law in San Francisco limiting “registered student organization” (RSO) status to groups that allow all students to participate, become members, and seek leadership positions, regardless of the student's

State & Local Governments Must Honor Right to Keep & Bear Arms, Supreme Court Holds

2010-06-28T08:26:00.000-07:00

“When I'm with a pistol/I sparkle like a crystal” The U.S. Supreme Court today held in MacDonald v. City of Chicago, by a five-to-four vote, that the Fourteenth Amendment “incorporates” the Second Amendment right to keep and bear arms for the purposes of self-defense, so that state and local governments are bound by it. (The full set of opinions is here.) Two years ago the Court held in

Supreme Court Upholds Disclosure of Washington State Petitions That Challenged Domestic Partnerships

2010-06-24T08:58:00.000-07:00

“Let the sunshine, let the sunshine in”The Supreme Court of the United States today decided Doe v. Reed, rejecting by an 8-1 vote a facial challenge to a Washington state law treating referendum petitions with signatory information as public records available for inspection and copying. The anonymous challengers did not want disclosed the signers of a petition that unsuccessfully attempted to

Prop 8 Proponents Seek to Vitiate Marriages of Same-Sex Couples

2010-06-16T12:58:00.000-07:00

“I'm holding on with both hands and both feet, oh/Promise that you won't pull the rug out from under me”With closing arguments today in the lawsuit challenging California’s Proposition 8, the attorneys on both sides have filed answers to a series of questions posed by Chief Judge Vaughn Walker of the United States District Court for the Northern District of California. And in a bit of shameless

DC allows same-sex couples to marry

2010-03-03T10:42:00.001-08:00

"vow to be strong and let the band roll on"As noted in a Washington Post editorial, the District of Columbia today (March 3, 2010) becomes the first southern jurisdiction in the U.S. to issue marriage licenses to same-sex couples. With this important legal change in the nation's capital, the South just became a little more beautiful!

Supreme Court Strikes Down Corporate Campaign Expenditures Limit

2010-01-21T10:23:00.000-08:00

"Money makes the world go 'round"In a special session, the U.S. Supreme Court today in a 5-to-4 First Amendment decision (Citizens United v. Federal Election Commission, official opinions here) invalidated key parts of the Bipartisan Campaign Reform Act of 2002 (BCRA or the McCain-Feingold Act) and overruled a twenty year old precedent about corporations' speech rights. I'll almost certainly

Supreme Court Bars Broadcast of Prop 8 trial

2010-01-11T10:06:00.000-08:00

"Who are you? what's in your mind?/Behind the mask a mocking smile"Just hours before the trial of the constitutionality of California's anti-marriage-equality Proposition 8 was set to commence, the Supreme Court of the United States has blocked the airing of the trial video on YouTube as well as the planned live streaming to other federal courthouses. See the AP story in the Sacramento Bee here.

Marriage Equality Defeated (for now) in Maine

2009-11-04T07:33:00.000-08:00

Andrew Sullivan Misreads the Situation in the Pine Tree StateA majority of voters in Maine yesterday chose to repeal the state’s law allowing same-sex couples to get married before it even went into effect, the Bangor Daily News reports here. Following last year’s debacle of Proposition 8 stripping same-sex couples of the right to marry, Maine becomes the second state to have (almost) had equal

DC Council Introduces Marriage Equality Bill

2009-10-06T20:13:00.000-07:00

"Show your friends across the sea/It's a fair dance"On Tuesday, October 6, the Council of the District of Columbia introduced legislation to allow same-sex couples to marry, the New York Times reports. The bill is expected to pass, but it could be subject to congressional override, setting up the prospect of potentially uncomfortable votes for Democrats in Congress, which under Republican "

Wiliams Institute Study Supports Inclusive ENDA

2009-09-23T14:44:00.000-07:00

"When heterosexism strikes, strike back"The U.S. House of Representatives held hearings today on H.R. 3017, the Employment Non-Discrimination Act of 2009 (ENDA), which would prohibit employment discrimination on the basis of sexual orientation and/or gender identity. Brad Sears, Executive Director of the Williams Institute, a national research center on sexual orientation and gender identity law

LGBT Advocacy Groups Excluded from Suit Challenging Prop 8

2009-08-19T12:50:00.000-07:00

"And you just might need a friend"Federal court trial judge Vaughn Walker has scheduled trial in the challenge to Proposition 8's ban on California's allowing same-sex couples to marry for January 2010. See the San Jose Mercury News story here. He also rejected the attempts of LGBT advocacy groups to intervene to challenge and an anti-gay group to defend Prop 8 as direct parties, indicating

Portugal's Marriage Exclusion Upheld

2009-07-31T17:04:00.000-07:00

"Something good could happen/Something good could have happened"In a closely divided decision, the Constitutional Court of Portugal voted 3 to 2 to uphold that country's restriction of marriage to male-female couples against a challenge based on a provision in the Portuguese Constitution forbidding sexual orientation discrimination, reports the Associated Press. I believe this is the statement

Delhi High Court Curtails Sodomy Law

2009-07-02T07:06:00.000-07:00

"Times are changing for the better"Today the High Court of Delhi at New Delhi sharply limited Section 377 of the Indian Penal Code. Section 377, which prohibits "carnal intercourse" and has come to be known as the "unnatural offences" section, was facially neutral but in practice targeted LGBT persons. The Court held it unconstitutional insofar as it criminalized consensual sex acts between

Supreme Court Repudiates Strip Search of 13-Year-Old, Denies Redress

2009-06-25T08:41:00.000-07:00

"Will you strip for me?"In Safford Unified School District No. 1 v. Redding, the U.S. Supreme Court today held, in an opinion by the imminently retiring Justice David Souter, that school officials violated the Fourth Amendment's ban on unreasonable searches and seizures by strip searching 13 year old Savanna Redding to look for common pain relievers. Once again proving his willingness to endorse

Prop 8 Ruling Tuesday, May 26

2009-05-22T10:26:00.000-07:00

"The waiting is the hardest part"The California Supreme Court has given notice that it will hand down its decision in the challenge to Proposition 8 on Tuesday, May 26. Try not to let this preoccupy you during the Memorial Day weekend.

NY Assembly Votes for Marriage Equality

2009-05-13T08:32:00.000-07:00

"It's up to you"As reported in the New York Times, the New York state Assembly has voted 89-52 in favor of a bill opening civil marriage to same-sex couples. Proponents and opponents of the measure, which Governor Patterson supports, are now concentrating their efforts on the state Senate, where the defeat or passage of the bill is uncertain. Will New York become the sixth state in the U.S. to

Marriage Equality In Maine

2009-05-06T10:17:00.000-07:00

"There's no stopping us now/Our love is here to stay"The Associated Press has reported that Maine has just become the fifth state to allow same-sex couples to marry. Like Vermont, they did so through a vote of their state legislature. The Northeast is once again proving itself a leader on liberty and equality, and it's easy to understand why so many people feel a sense of momentum behind the

Maine joins move towards marriage equality

2009-05-05T11:37:00.000-07:00

"I must be dreaming"The Associated Press has reported that the Maine legislature has voted in favor of a bill to allow same-sex couples to marry. If they vote "yes" a second time and Maine's governor, who has not decided whether to sign it, approves it, Maine would become the first state allowing same-sex couples to marry and the fourth in New England!

New Hampshire Takes Step Toward Marriage Equality

2009-04-29T13:56:00.000-07:00

"They're gonna lead on"The New Hampshire state Senate has joined the state House in passing a bill opening marriage to same-sex couples (story here). The bills would now have to be reconciled and the Governor have to sign it for the law to change. If New Hampshire makes the shift from its current parallel civil unions/civil marriage regime to one of equal marriage rights for same-sex couples,

Marriage Recognition in District of Columbia

2009-04-07T12:47:00.000-07:00

"Oh love - like liquid falling/Falling in cascades"Not only did the Vermont legislature today open civil marriage to same-sex couples, but the D.C. Council unanimously voted (initially, with a final vote on the legislation to follow) to recognize and honor marriages of same-sex couples lawfully performed in other jurisdictions. What a week for marriage equality!

Marriage Equality in Vermont

2009-04-07T08:19:00.000-07:00

"And the walls come tumbling down"As reported by the Burlington Free Press, the Vermont legislature has just overriden the governor's veto of a bill opening civil marriage to couples regardless of sex/gender. With Iowa last Friday, that makes two states to honor marriage equality within five days, doubling the number of states that allow same-sex couples to marry, with Massachusetts and

Marriage Equality Comes to Iowa

2009-04-03T07:29:00.000-07:00

"What a Difference a Day Makes"Occasionally citing the May 2008 California Supreme Court decision in In re Marriage Cases, the Iowa Supreme Court today unanimously held that the state constitution's guarantee of equal protection requires the state to allow same-sex couples to marry civilly. Adopting a practical analysis, the Court determined that the marriage exclusion discriminated on the basis

Sweden to Allow Same-Sex Couples to Marry

2009-04-01T08:17:00.000-07:00

"Somebody get some flowers! Somebody get a ring!"I'm trusting this isn't an April Fool's Day prank -- do they even observe this day in Scandinavia? -- but the national legislature in Sweden approved a law today that will open marriage to same-sex couples starting May 1. You can check out the Wikipedia entry that's already up here. Northern Europe now boasts three of the seven countries that

Japan to Recognize Foreign Marriages of Same-Sex Couples

2009-03-27T21:24:00.000-07:00

" A legal union, you're rounding third base"As reported by the AFP, Japan's justice ministry has issued a directive that will allow Japanese citizens to marry partners of the same-sex in foreign countries that allow this. So, while Japan is no Netherlands, Belgium, Spain, Canada, South Africa, Norway, Massachusetts, or Connecticut (all of which allow same-sex couples to marry, but it's now ahead

Pro-Marriage Equality Initiative Filed

2009-03-20T22:43:00.000-07:00

"Ooo and it's alright and it's comin' 'long"Yesterday, March 19, 2009, the California Secretary of State provided an official summary for a proposed initiative (the "California Marriage Equality Act") to re-amend the state constitution to restore same-sex couples' equal right to marry. Proponents will now have until August 19 to gather the not quite 700,000 signature required to qualify it to go

"A Horse with No Name"?

2009-03-06T09:37:00.000-08:00

Chief Justice George and Marriage Without the NameDuring oral argument yesterday in the California Supreme Court, Chief Justice Ronald George more than once questioned attorneys for those challenging Proposition 8 about the scope of the measure. I think his questions may not have fully appreciated the structure of the challengers’ “revision” argument (or may just have been designed to elicit a

"Mama take just a little bit from my heart"

2009-03-05T23:18:00.000-08:00

Justice Kennard and "small" deviations from equalityThe California Supreme Court held oral arguments today in the litigation challenging Proposition 8, which the voters approved to change the state constitution to strip away the right to marry from same-sex couples. It’s always perilous to read too much into the Justices’ questions. But one line of questioning by Justice Joyce Kennard suggests

"You Make Me Sick"

2009-03-04T09:43:00.000-08:00

Supreme Court upholds state law suits vs. drug manufacturers for failure to warnThe U.S. Supreme Court today decided Wyeth v. Levine, holding 6-3 that a drug manufacture could be sued under Vermont products liability law for failure to give adequate warnings even though its drug label had been approved by the Food & Drug Administration.Justice Stevens's majority opinion, joined by Justices

"Marry Me a Little"

2009-03-03T08:45:00.000-08:00

GLAD sues challenging DOMAGay and Lesbian Advocates and Defenders (GLAD) has filed a lawsuit in federal district court challenging the interpretation and constitutionality of the federal Defense of Marriage Act (DOMA) as applied to the various plaintiffs.The complaint asserts that Section 3 of DOMA, which refuses to recognize any marriage of a same-sex couple even if lawfully entered in some U.S.

Public Park Not Public Forum for Donated Monuments

2009-02-25T10:05:00.000-08:00

Supreme Court rejects free speech challenge to park displaying donated 10 Commandments monument but rejecting Summum 7 Aphorisms monumentThe United States Supreme Court has unanimously decided Pleasant Grove City, Utah v. Summum. When Pleasant Grove refused to display in the park a monument with the Seven Aphorisms of the small religion known as Summum, which adherents offered to donate, event

Assembly Judiciary Committee Embraces Revision Argument

2009-02-17T13:50:00.000-08:00

Supports H.R. 5, Rejects Proposition 8Ron Buckmire, who blogs under The Mad Professah Lectures, has reported that the California Assembly Judiciary Committee has just voted 7-3 ("all Republicans voting no") to approve House Resolution 5, which condemns Proposition 8 as an improper attempted revision of the California Constitution that failed to follow the proper procedures. While H.R. 5 has no

Prop 8 Challenge Scheduled

2009-02-03T16:15:00.000-08:00

Oral Argument Date SetFrom the California Supreme Court web site: "The Supreme Court has announced that an oral argument will be held in the Prop. 8 cases on Thursday, March 5, 2009, from 9:00 a.m. to 12:00 p.m. The court will issue a written opinion in the cases within 90 days of oral argument." The arguments will be carried on cable on the California Channel. The Court's news release is here.

Conference Announcement -- The Global Arc of Justice: Sexual Orientation Law Around the World

2009-01-05T18:00:00.000-08:00

International LGBTI Law Conference, West Hollywood & Los Angeles, CA, USA, March 11-14, 2009 The Global Arc of Justice Conference will be a four-day international conference focused on advances in LGBT rights from all round the globe, with a special focus on Latin America. Convened by the Williams Institute, a research center on sexual orientation and gender identity law and policy at

Attorney General Sides with Marriage Equality

2008-12-19T18:50:00.000-08:00

Jerry Brown's Brief Argues Prop 8 Is InvalidThe brief in the Proposition 8 litigation filed by Jerry Brown, the state's Attorney General, agrees with the petitioners challenging Prop 8 that the measure is a more profound revision to the Constitution, not a minor amendment, and therefore unconstitutional because it cannot be adopted through the initiative process that was used. While this does

Prop 8 Defenders Bring Out Big Gun

2008-12-19T16:05:00.000-08:00

Kenneth Starr to represent Proposition 8's official proponentsToday, December 19, is the deadline for the briefs of the defenders of the validity of Proposition 8 to be filed in the California Supreme Court. ProtectMarriage.com - Yes on 8 has announced in a press release that Pepperdine Dean Kenneth W. Starr (remember him from his stint as Special Prosecutor in Whitewater/Monica Lewinsky affair?

The United Straights of America?

2008-12-18T22:22:00.000-08:00

Obama Inauguration & UN DeclarationIn a double symbolic blow to sexual orientation equality in the U.S. today, it was announced that the invocation at the inauguration of President Elect Barack Obama will be given by Rev. Rick Warren, and the U.S. refused to vote in support of a United Nations declaration introduced in the General Assembly by France. Warren, the leader of the Saddleback Church

Kennard Conundrum?

2008-11-26T13:31:00.000-08:00

Meaning of California Supreme Court Justice's Vote Not to Hear Prop 8 ChallengesThe Los Angeles Times has reported here that "legal experts" are puzzled by California Supreme Court Associate Justice Joyce Kennard's statement when the court decided to hear the challenges to Prop 8. The court's order noted that Justice Kennard "would deny these petitions without prejudice to the filing in this

Marriage & Equality Rights to Return to California Supreme Court

2008-11-19T14:45:00.000-08:00

Court grants review in challenges to Prop 8As widely expected, the California Supreme Court issued an order (here) indicating that it would decide whether Prop 8 is invalid as a revision of the state constitution. In addition, the court will determine whether it is invalid as a violation of separation of powers principles (an argument made in the petition filed by Gloria Allred) and whether or

Californians Enshrine Discrimination in Constitution

2008-11-05T07:07:00.000-08:00

Prop 8 passage ensures questionsThe Los Angeles Times has reported that Proposition 8, which eliminates the right of same-sex couples to marry in California, is ahead, 52% to 48%. Almost 95% of California's voting precincts have been counted, and the counties with significant measures of votes outstanding voted heavily in favor of Prop 8.This assures that a new round of legal questions will have

Latest Field Poll Shows Prop 8 Trailing

2008-10-31T15:59:00.000-07:00

A new Field poll released on Halloween shows likely voters opposing Proposition 8 by 5 percentage points. The poll, taken of 996 randomly selected likely voters surveyed from October 18 to 28 ,shows 49% opposing Prop 8 to 44% supporting it, with 7% reporting undecided. The poll notes that the gap between the two sides is down from a month earlier, when a higher proportion of survey respondents

Senator Feinstein Condemns Proposition 8

2008-10-28T14:16:00.000-07:00

"You have lighted the road leading home"With one week left until election day, Senator Diane Feinstein has released a TV ad for the No on Prop 8 campaign. A YouTube version of the ad can be viewed here. Next week we will learn whether a majority of voters agree with her that Proposition 8 "would be a terrible mistake for California."

Oct. 22 Poll Shows Prop 8 Losing Among Likely Voters

2008-10-23T07:31:00.000-07:00

"Don't Stop the Love"The Public Policy Institute of California (PPIC), a highly regarded polling outfit, just released a new poll on October 22 showing that likely voters oppose Proposition 8 by a margin of 52% to 44%. The PPIC poll is based on telephone interviews conducted October 12-19, and has a margin of error of ± 3%. These numbers, taken after the No on 8 campaign started running its ads

Connecticut Constitution Protects Same-Sex Couples' Right to Marry

2008-10-10T12:08:00.000-07:00

"Ding dong! the bells are gonna chime"The Connecticut Supreme Court held today that it violated the equal protection rights of gay and lesbian persons under the Connecticut constitution to deny them the freedom to marry civilly. The Court's opinion in Kerrigan v. Commissioner of Public Health rejected the state's argument that the marriage exclusion was constitutional because Connecticut offers

Supreme Court Reaffirms Ban on Death Penalty for Child Rape

2008-10-01T08:40:00.000-07:00

Military context matters less to constitutionality of state criminal lawsToday the U.S. Supreme Court rejected a petition for rehearing in Kennedy v. Louisiana (blogged here), its decision from June 2008 holding that the death penalty for raping a child is unconstitutional under the Eighth Amendment's ban on cruel and unusual punishments. Reserving the question whether unique considerations

AALS to move meetings from Manchester Grand Hyatt due to owner's Prop 8 support

2008-08-18T15:26:00.000-07:00

"I won't play with you not me"The Executive Committee of the Association of American Law Schools has issued a statement here (dated August 15) that, in order to ensure maximum participation by its members, all programs at its January 2009 Annual Meeting will be held at the San Diego Marriott rather than the Manchester Grand Hyatt, of which some have called for a boycott due to owner Doug

Prop 8 Title & Description Upheld

2008-08-08T15:11:00.000-07:00

"Eliminate the negative"?As reported in the Mercury News here, a California Superior Court judge today rejected the challenge to the re-titling and re-description of Proposition 8 (see Prop 8 Retitled & Redescribed, 26 July 2008, below), the ballot initiative that would change the California constitution to eliminate the right of same-sex couples to marry. No big surprise here. The trial judge

Prop 8 Foes & Fans Raking in Big Bucks

2008-07-31T08:58:00.000-07:00

"Money Makes the World Go 'Round"The fight over whether to adopt Proposition 8 on the November ballot to amend the California constitution to eliminate the right of same-sex couples to marry seems to be picking up steam financially. On Tuesday, July 29, No on 8-Equality California announced that Pacific Gas & Electric Co. is donating $250,000 to help fight the proposed amendment, reports the LA

Prop 8 retitled & redescribed

2008-07-26T11:54:00.000-07:00

"What's my name again?"Although grammatically unusual – I would have expected most initiative titles to be noun phrases rather than verb phrases – there's a new name as well as a new summary description for Proposition 8, the proposed marriage-restricting amendment to the California constitution that will be on the ballot on November 4. Seemingly agreeing with some of the second argument in the

Court Lets California Constitution Amendment Fight Continue

2008-07-16T15:16:00.000-07:00

The California Supreme Court has ruled in Bennett v. Bowen, the case filed seeking to have Proposition 8 removed from the November 4 ballot. (Prop 8 would amend the state constitution to deny same-sex couples the right to marry.) The Court summarily denied the Application for Stay and Petition for Extraordinary Relief, Including Writ of Mandate. See the July 16 entry in the Docket for the case

Death Penalty for Raping Child Unconstitutional

2008-06-25T08:17:00.000-07:00

"When the law punishes by death, it risks its own sudden descent into brutality, transgressing the constitutional commitment to decency and restraint."The Supreme Court of the United States has held in Kennedy v. Louisiana, by a 5-4 vote, that the state violated the Eighth Amendment's ban on cruel and unusual punishments by prescribing the death penalty for rape of a child under the age of 12,

"Every male has a choice about where he puts his penis."

2008-06-18T07:34:00.000-07:00

The British House of Lords today ruled 3-2 that conviction of a male for "rape of a child under age 13" when he, at age 15, had what was accepted in this posture as consensual peno-vaginal intercourse with a 12-year-old female, did not violate the European Convention on Human Rights provision (article 8) guaranteeing respect for private life.Over the dissents of Lord Hope of Craighead and Lord

Welcome to the (Marriage) Club, Norway

2008-06-17T16:40:00.000-07:00

Norway is now set to become the sixth country in the world (following the Netherlands, Belgium, Spain, Canada, and South Africa) to allow same-sex couples to marry civilly. The law, passed today, will go into effect January 1, reports the Los Angeles Times in this story.

Arriverderci "Persons, Not Groups"

2008-06-09T08:17:00.000-07:00

The U.S. Supreme Court has held in Anup Engquist v. Oregon Department of Agriculture (June 9, 2008) that the Equal Protection Clause of the Constitution does not even apply to claims by government employees that the government has treated just one employee unequally and irrationally (as opposed, for example to discriminating against a larger class of employees, such as those of a particular race

"Should I Stay or Should I Go?"

2008-06-04T09:27:00.000-07:00

By its original 4-3 majority, he California Supreme Court has denied the requests for rehearing and that it stay the effect of its decision in In re Marriage Cases until after the voters decide in November whether to amend the state Constitution to bar the state from recognizing marriages for same-sex couples. (The court's news release and order are here.) This comes as no surprise to me and

"I Want to Be a Part of It, New York, New York"

2008-05-28T19:32:00.000-07:00

As reported by the New York Times, the Governor of New York has directed all state agencies to recognize marriages lawfully entered by same-sex couples in other jurisdictions. This would include the Netherlands, Belgium, Spain, Canada, South Africa, Massachusetts, and very soon California. New York joins Rhode Island in recognizing such lawful marriages. This development might lead to further

"It Doesn't Matter Your Opinion"

2008-05-28T00:28:00.000-07:00

Practically speaking, Traci Adams may not be right (see her song "You Are Not God"). Be that as it may, a new Field poll taken in the wake of the California Supreme Court's In re Marriage Cases shows that, even taking into account the margin of error, a majority of registered voters in California now support the right of same-sex couples to marry and oppose the November ballot initiative to

Take That

2008-05-27T12:53:00.000-07:00

The Supreme Court of the U.S. today interpreted two federal civil rights laws to protect workers from retaliation for complaining about prohibited discrimination. In CBOCS West, Inc. v. Humphries, the Court held that a post-Civil War era law, 42 U.S.C. § 1983, which provides that "[a]ll persons ... shall have the same right ... to make and enforce contracts ... as is enjoyed by white citizens,"

Don't Ask, Perhaps Tell?

2008-05-24T12:59:00.000-07:00

The United States Court of Appeals for the Ninth Circuit revived a lawsuit brought by the ACLU of Washington (state) challenging the constitutionality of the “Don’t Ask, Don’t Tell” policy (DADT) excluding openly lesbian, gay, or bisexual (collectively, “lesbigay”) persons from the U.S. military. The district court had dismissed the suit by the much decorated Major Witt challenging the

I'm Getting Married in the Morning

2008-05-15T10:05:00.000-07:00

The California Supreme Court has just held, 4-3, that the state constitution requires the government to allow same-sex couples to marry civilly. Chief Justice George wrote the majority opinion, joined by Justices Kennard, Werdegar, and Moreno. The court held that the least deferential form of review applied -- "strict scrutiny" -- because the exclusion of same-sex couples from civil marriage

California, Here I Come?

2008-05-14T11:44:00.000-07:00

I'm already in the state, but others might end up traveling here: The California Supreme Court has now posted on its web site that the decision in the marriage cases (seeking the right to marry for same-sex couples) will be issued tomorrow. Generally they post decisions at 10:00 a.m. The opinion should be available here tomorrow at around 10:00.

In Sickness and in Health

2008-05-09T15:46:00.000-07:00

Government employers in Michigan cannot offer health insurance to same-sex domestic partners, the Michigan Supreme Court ruled 5-2 on May 7, 2008 in National Pride at Work v. Governor of Michigan (opinion here). Interpreting a state constitutional amendment that was designed to keep same-sex couples from legally marrying, the state supreme court disregarded all the evidence that the voters only

Tea Leaves and Sympathy

2008-03-11T22:54:00.000-07:00

Divining case outcomes from questions and answers at oral arguments is perilous business in the best of circumstances. In the context of last week’s arguments before the California Supreme Court in the high-profile cases seeking the right to marry for same-sex couples, trying to determine the Justices’ votes based on their questions and comments is probably a fools errand. The Los Angeles

Law of Unintended Consequences

2008-02-29T10:40:00.000-08:00

On Tuesday, March 4, the California Supreme Court hears oral arguments in the historic lawsuits seeking civil recognition of marriages between same-sex couples. Fearing a decision that the California Constitution requires such recognition, opponents of marriage equality are already gathering signatures to place measures on the ballot in November. If approved, these initiatives would amend the