Tuesday, March 3, 2009
Jerry Brown's blog post, "Proposition 8 Should Be Stricken Down"
03/03/09 Huffington Post: "As California's Attorney General, I believe the Court should strike down Proposition 8 ... because it unconstitutionally discriminates against same-sex couples and deprives them of the fundamental right to marry."
A Message from Shannon Minter Before He Goes Before the Court
03/03/09 National Center for Lesbian Rights Blog: "Proposition 8 jeopardizes not just the right of same-sex couples to marry, but the rights of all Californians to be treated as free and equal citizens of this state. Our Constitution is based on the principle that majorities must respect minority rights."
Massachusetts Federal District Court Suit Challenges DOMA
03/04/09 LA Times: ""The [DOMA] statute wouldn't be ripped to shreds," said Laurence H. Tribe, a constitutional law professor at Harvard Law School, "but it would be unconstitutional as applied to circumstances like these where you have two couples identically legally married in the states where they live but one is entitled to financial or other tangible benefits that the other couple can't get."
03/03/09 Foley Hoag press release:
"Lawyers at Foley Hoag LLP announced the landmark filing today of the first concerted, multi-plaintiff challenge to Section 3 of the Defense of Marriage Act (DOMA). The lawsuit was filed in Federal District Court for the District of Massachusetts with Gay & Lesbian Advocates & Defenders (GLAD) and Sullivan & Worcester LLP ... Today’s suit addresses the use of Section 3 of DOMA to deny same-sex married couples and surviving spouses vital rights and benefits, including Social Security benefits, federal income tax protections, federal employees’ and retirees’ benefits, and passports issued in one’s married name."
03/03/09 ADF press release:
"Public policy should be decided by the public, not by one judge and a very small number of radical activists,” said ADF Senior Legal Counsel Brian Raum. “America continues to overwhelmingly reaffirm that marriage is one man and one woman. Does the democratic process mean anything anymore?"
03/03/09 AP:
"Mary Bonauto, GLAD's Civil Rights Project director, said the lawsuit is the first major challenge to the section of the law that denies same-sex couples access to more than 1,000 federal programs and legal protections in which marriage is a factor"
"Laurence Tribe, a constitutional law professor at Harvard Law School, said the lawsuit is a 'plausible challenge' to DOMA. 'It's a question of whether Congress oversteps its bounds and engages in irrational discrimination when it draws a line in terms of concrete benefits for individuals who are otherwise eligible simply because the marriages they have entered involve same-sex couples rather than opposite-sex couples.'
" 'Massachusetts has made benefits available on a state level, but Massachusetts can't force the federal government's hand or the other states to accept same-sex marriage,' said Mathew Staver, founder of the Liberty Counsel."
03/02/09 NY Times:
“In our view, it’s a straightforward equal-protection issue,” said Mary L. Bonauto."
IN ACCORDANCE WITH TITLE 17 U.S.C. SECTION 107, THIS MATERIAL IS DISTRIBUTED WITHOUT PROFIT TO THOSE WHO HAVE EXPRESSED A PRIOR INTEREST IN RECEIVING THE INCLUDED INFORMATION FOR RESEARCH AND EDUCATIONAL PURPOSES. PROP8LEGALCOMMENTARY HAS NO AFFILIATION WHATSOEVER WITH THE ORIGINATOR OF THIS ARTICLE NOR IS PROP8LEGALCOMMENTARY ENDORSED OR SPONSORED BY THE ORIGINATOR.
03/03/09 Foley Hoag press release:
"Lawyers at Foley Hoag LLP announced the landmark filing today of the first concerted, multi-plaintiff challenge to Section 3 of the Defense of Marriage Act (DOMA). The lawsuit was filed in Federal District Court for the District of Massachusetts with Gay & Lesbian Advocates & Defenders (GLAD) and Sullivan & Worcester LLP ... Today’s suit addresses the use of Section 3 of DOMA to deny same-sex married couples and surviving spouses vital rights and benefits, including Social Security benefits, federal income tax protections, federal employees’ and retirees’ benefits, and passports issued in one’s married name."
03/03/09 ADF press release:
"Public policy should be decided by the public, not by one judge and a very small number of radical activists,” said ADF Senior Legal Counsel Brian Raum. “America continues to overwhelmingly reaffirm that marriage is one man and one woman. Does the democratic process mean anything anymore?"
03/03/09 AP:
"Mary Bonauto, GLAD's Civil Rights Project director, said the lawsuit is the first major challenge to the section of the law that denies same-sex couples access to more than 1,000 federal programs and legal protections in which marriage is a factor"
"Laurence Tribe, a constitutional law professor at Harvard Law School, said the lawsuit is a 'plausible challenge' to DOMA. 'It's a question of whether Congress oversteps its bounds and engages in irrational discrimination when it draws a line in terms of concrete benefits for individuals who are otherwise eligible simply because the marriages they have entered involve same-sex couples rather than opposite-sex couples.'
" 'Massachusetts has made benefits available on a state level, but Massachusetts can't force the federal government's hand or the other states to accept same-sex marriage,' said Mathew Staver, founder of the Liberty Counsel."
03/02/09 NY Times:
“In our view, it’s a straightforward equal-protection issue,” said Mary L. Bonauto."
IN ACCORDANCE WITH TITLE 17 U.S.C. SECTION 107, THIS MATERIAL IS DISTRIBUTED WITHOUT PROFIT TO THOSE WHO HAVE EXPRESSED A PRIOR INTEREST IN RECEIVING THE INCLUDED INFORMATION FOR RESEARCH AND EDUCATIONAL PURPOSES. PROP8LEGALCOMMENTARY HAS NO AFFILIATION WHATSOEVER WITH THE ORIGINATOR OF THIS ARTICLE NOR IS PROP8LEGALCOMMENTARY ENDORSED OR SPONSORED BY THE ORIGINATOR.
Calif. Legislature supports gay marriage challenge
03/03/09 AP (posted to San Jose Mercury News): The Legislature adopted Senate Resolution 7 and House Resolution 5, declaring its view that Prop. 8 is unconstitutional. Andrew Pugno, attorney for Protect Marriage - Yes on 8, said that the Legislature's action is "is simply a political drill, but the court knows that this is not a popularity contest."
Weeks after Proposition 8 passed, student says in lawsuit, his professor called him a "fascist bastard" for his stance against same-sex unions
UPDATE:
03/03/09 LA Times: "The suit, filed Feb. 12, has inspired a wave of blog and media commentary. Lopez's lawyer from the Alliance Defense Fund, co-founded by James Dobson of Focus on the Family, has appeared on the popular Fox News show 'The O'Reilly Factor.'"
02/16/09 LA Times: "[Los Anges City Community College] student Jonathan Lopez says his professor called him a 'fascist bastard' and refused to let him finish his speech against same-sex marriage during a public speaking class last November, weeks after California voters approved the ban on such unions." For the complaint filed by the Alliance Defense Fund, see my 02/12/09 post.
02/17/09 ADF Alert: "Attorney David Hacker of the ADF Center for Academic Freedom appeared on the Adam McManus show to discuss the case ADF filed against L.A. Community College District after professor calls student ‘fascist bastard’ for sharing beliefs on faith and marriage. The mp3 file runs just under 7 minutes."
02/18/09 ADF Alert: "ADF attorney David Hacker of the ADF Center for Academic Freedom appeared on the Frank Pastore Show to discuss the Lopez case ... The mp3 file ... runs just under 12 minutes."
02/19/09 Volokh Conspiracy: UCLA Law Professor Eugene Volokh believes that it is "pretty clear that refusal to give a grade because the teacher disapproves of the religiosity of the student's presentation, or of the student's opposition to same-sex marriage, is indeed a First Amendment violation." He repeats an allegation in the complaint - that the professor called "the student a 'fascist bastard' in front of the class for having supported the anti-same-sex-marriage Prop. 8, and refused to allow the student to finish the presentation." To this observation, he adds, "Lovely."
Volokh's comments have received over 100 replies. One news aggegator service provides evidence of widespread media publicity surrounding the ADF action.
IN ACCORDANCE WITH TITLE 17 U.S.C. SECTION 107, THIS MATERIAL IS DISTRIBUTED WITHOUT PROFIT TO THOSE WHO HAVE EXPRESSED A PRIOR INTEREST IN RECEIVING THE INCLUDED INFORMATION FOR RESEARCH AND EDUCATIONAL PURPOSES. PROP8LEGALCOMMENTARY HAS NO AFFILIATION WHATSOEVER WITH THE ORIGINATOR OF THIS ARTICLE NOR IS PROP8LEGALCOMMENTARY ENDORSED OR SPONSORED BY THE ORIGINATOR.
03/03/09 LA Times: "The suit, filed Feb. 12, has inspired a wave of blog and media commentary. Lopez's lawyer from the Alliance Defense Fund, co-founded by James Dobson of Focus on the Family, has appeared on the popular Fox News show 'The O'Reilly Factor.'"
02/16/09 LA Times: "[Los Anges City Community College] student Jonathan Lopez says his professor called him a 'fascist bastard' and refused to let him finish his speech against same-sex marriage during a public speaking class last November, weeks after California voters approved the ban on such unions." For the complaint filed by the Alliance Defense Fund, see my 02/12/09 post.
02/17/09 ADF Alert: "Attorney David Hacker of the ADF Center for Academic Freedom appeared on the Adam McManus show to discuss the case ADF filed against L.A. Community College District after professor calls student ‘fascist bastard’ for sharing beliefs on faith and marriage. The mp3 file runs just under 7 minutes."
02/18/09 ADF Alert: "ADF attorney David Hacker of the ADF Center for Academic Freedom appeared on the Frank Pastore Show to discuss the Lopez case ... The mp3 file ... runs just under 12 minutes."
02/19/09 Volokh Conspiracy: UCLA Law Professor Eugene Volokh believes that it is "pretty clear that refusal to give a grade because the teacher disapproves of the religiosity of the student's presentation, or of the student's opposition to same-sex marriage, is indeed a First Amendment violation." He repeats an allegation in the complaint - that the professor called "the student a 'fascist bastard' in front of the class for having supported the anti-same-sex-marriage Prop. 8, and refused to allow the student to finish the presentation." To this observation, he adds, "Lovely."
Volokh's comments have received over 100 replies. One news aggegator service provides evidence of widespread media publicity surrounding the ADF action.
IN ACCORDANCE WITH TITLE 17 U.S.C. SECTION 107, THIS MATERIAL IS DISTRIBUTED WITHOUT PROFIT TO THOSE WHO HAVE EXPRESSED A PRIOR INTEREST IN RECEIVING THE INCLUDED INFORMATION FOR RESEARCH AND EDUCATIONAL PURPOSES. PROP8LEGALCOMMENTARY HAS NO AFFILIATION WHATSOEVER WITH THE ORIGINATOR OF THIS ARTICLE NOR IS PROP8LEGALCOMMENTARY ENDORSED OR SPONSORED BY THE ORIGINATOR.
Monday, March 2, 2009
Would-Be A.G.'s Bill Swipes at Jerry Brown
03/03/09 Cal Law Legal Pad: "Attorney general candidate Tom Harman has taken a slap at the man he would replace with a piece of legislation that would automatically grant initiative proponents the right to defend any legal challenge to their ballot measures."
"As Iowa Goes, So Goes the Nation: Varnum v. Brien and its Impact on Marriage Rights for Same-Sex Couples"
03/1/09 Marital Gender Equality: Jean Love, a University of Iowa law professor, spoke recently at this February symposium, hosted by the University's Journal of Gender, Race, and Justice. (See my earlier post here.) Judith Faucette summarizes Love's presentation.
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