Thursday, February 17, 2011

CA Supreme Court Decides to Decide if Prop 8 Poponents Have Standing

Pro and anti-Proposition 8 protesters rally in...Image via WikipediaThe California Supreme Court decided Monday to hear arguments from the proponents of Prop 8, who assert that they have legal standing to appeal Judge Vaughn Walker's ruling that the 2008 voter initiative banning same-sex marriage violates the U.S. constitution.

Although the parties from both sides may begin filing their respective briefs in March, the court has scheduled it's ruling for September.

So let me boil this down for you. When Judge Walker ruled the prop 8 was unconstitutional, then-Governor Arnold Schwarzenegger and former Attorney General (now governor) Jerry Brown, who were named as defendants in the case, decided not to appeal the ruling, allowing the ruling to stand.

The folks at and a bunch of other homo haters decided that they would appeal the ruling, even though they were not named in the case and do not work for or represent the state of California. What the CA Supremes decided yesterday was that they would hear the case and decide whether or not and the rest have legal standing to pursue appeal Walker's ruling. Our side contends that they do not.

The Courage Campaign has been keeping score and posting all the latest updates on the case at The organization's founder Rick Jacobs issued a press release yesterday in response to this latest development:
“Today’s California Supreme Court ruling does not change the fact that a federal court has ruled Proposition 8 unconstitutional, but it does mean that thousands of loving LGBT families remain in legal limbo—unable to exercise their constitutional right to access the security and recognition that only comes with marriage.

It is unfortunate that while many California families are able to marry at a time and place of their choosing, equally loving LGBT families must endure months and years of legal uncertainty.  They have waited long enough.

That is why we are asking the California Supreme Court to move expeditiously to resolve the standing question once and for all.  And we are confident that no matter what their decision, Judge Walker’s ruling will ultimately be upheld and the days of second class citizenship for thousands of California families will be relegated to the dustbin of history.”
I can't help but notice a certain whiny tone to this statement. Nobody expected this to be resolved quickly or easily, especially someone who is the self-appointed expert in the case. Seriously Rick, can we maintain a little dignity here? Okay, September is 6 1/2 months away, but it's not the end of the world. We're grownups and we understand that these things take time. Stop asking "Are we there yet?" Quit your whining or I'm pulling this blog over and coming back there! If I hear one more word, no dessert!

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  1. Steve -- It should have been much easier to decide standing her because of quirks in CA law. For instance, CA law provides that ballot initiative supporters can put text into the ballot initiative if they want to be able to defend it in court. Yes on 8 did not do that. Also as an Angeleno I did expect this to be faster after it came down to an issue of standing.

  2. Thanks for your comments Chris. What I take issue with is the tone of the Rick Jacobs' remarks. I think it's time we stop portraying ourselves as victims. If we want to win, we have to come up with a more dignified approach. It's time to rise above our victim status and present ourselves in a stronger, more positive and dignified light. Begging and whining are not very effective negotiating strategies. In fact they're a major turn off.


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