The FEDERAL Prop 8 Case is HERE!!!!! Follow my twitter for updates on trial as they occur!

The Federal Prop 8 lawsuit brought forth by leading attorneys David Bois and Ted Olsen continues to wind it's way through the court system. It was filed in May 2009 and an injunction against prop 8 was denied but due to it involving the matter of human rights, the judge ordered the lawsuit to be fast tracked and gave it an August 2009 trial date. It is currently being tried in the U.S. District Court for the Northern District of California. Judge Vaughn Walker is the trial judge. The case name and number is: Perry v. Schwarzenegger - C09-2292 VRW
In a last minute move, the trial is NOT being televised. So we'll have to do this by twitter instead. I'll be twittering updates on the case continually. I wasn't planning on doing that since it was being televised, so didn't make plans to integrate my twitter feed onto the site. But for now at least you can follow all my updates at http://twitter.com/NoOnProp8Events

VIDEO FROM RACHEL MADDOW INTERVIEW Jan 12th, 2010

Visit msnbc.com for breaking news, world news, and news about the economy

HISTORICAL BACKGROUND ON TRIAL

(I'm still adding to this and will soon move it to another page)

A BIT OF A SETBACK IN THE FEDERAL CASE

In an unfortunate turn of events, a federal appeals court has overruled Judge Vaughn Walker and had sided with the Yes on 8 folk in keeping their emails private saying that it would violate their first amendment rights.

Does anyone besides me think it's odd that a court is worried about their rights while the rights of gays and lesbians are being violated on a DAILY basis??? Read the Dec. 12th link below for the whole story. The tug of war continues.......

Some recent links in the case:

December 12, 2009 - Foes of California's gay-marriage ban lose federal appeal

November 19, 2009 - Group Loses Bid To Defend Prop. 8 In Federal Case

August 10th 2009 - Federal Gay Marriage Suit Risks Everything

Aug 7th 2009 - Formal motion made to block other groups in Federal Case

July 20th 2009 - WSJ Editorial on the Gay Marriage case from Attorney David Boies

Schwarzenegger, Brown Say Don't Put Prop 8 on Hold While Federal Challenge Advances

Gov. Arnold Schwarzenegger and Attorney General Jerry Brown on Thursday urged a federal judge to keep Proposition 8 in force for now, arguing that it would create too much uncertainty across the state to put the voter-approved ban on gay marriage on hold while the latest legal challenge unfolds in the federal courts. In court papers, state lawyers argued against an injunction that would freeze the current gay marriage ban, opposing a request filed in federal court in San Francisco last month by two gay couples seeking the right to marry. Backed by former U.S. Solicitor General Theodore Olson and renowned lawyer David Boies, the couples moved to counterract the California Supreme Court's recent ruling upholding Proposition 8, arguing that it violates equal protection rights under the federal constitution. Brown and Schwarzenegger argued separately that it would create too much havoc to put the law on hold until the constitutional issues are resolved, perhaps eventually by the U.S. Supreme Court. The governor and attorney general did not take a position on the federal constitutional questions, focusing only on whether Prop 8 should be blocked while the case is litigated, a move that would allow same-sex couples to resume marrying in California.

Fascinating story of how actor Rob Reiner came to the rescue of gays everywhere, took the issue away from gay leaders and is funding most of the battle:

Courage Campaign Calls for More Research and Time to Build Support to Restore Marriage Equality in California

In a shocking reversal, one of the proponents of the repeal 2010 effort has changed their minds and now is saying let's wait instead.

11/30/09 LOS ANGELES, CA — The Courage Campaign today called for more research and time to change hearts and minds before returning to the ballot to restore marriage for gay and lesbian couples in California. At least one initiative to restore same-sex marriage is currently circulating that, if it qualifies, would appear on the November, 2010 ballot.

Read more here:

http://www.couragecampaign.org/press/393/courage-campaign-calls-for-more-research-and-time-to-build-support-to-restore-marriage-equality-in-california

11/16/2009 2010 Repeal Prop 8 Campaign has officially started with the ballot language for the measure being APPROVED today!

Now here's why I am not enthused about such efforts.....

Much ado has been made about the demographics of the Prop 8 voter. Blacks, hispanics, rural were all problems for us and need to be addressed. However, another group is still overlooked as well and cannot be discounted and that is the older voter. There is a reason why we win 65-70% of opinion if you take a poll of colleges, high schools or online places like Facebook but do not see that translated at the ballot box. And that reason is that those places all skew to a younger demographic. But the older people who aren't going to college or aren't using Facebook, very much are still voting. And that is why we lose elections and will continue to lose them until this older demographic either changes their minds or literally dies off and is replaced with a younger more progressive voter.

No other group has won their equal rights through a ballot box so what we are trying to do would be a tall order to begin with. Getting older voters to change long held beliefs (we are talking their entire lives, 50 60 70 80 years) is even more of a tall order. In fact, it well may be impossible to change minds 180 degrees in the short one year (and counting) period of time that we have. It just may not be enough.

I hate to be so pessimistic, but in listening to the backers of this repeal, I was struck with a sense of deja vu. The over the top, rah rah can do attitudes. The "this time it will be different" message. It all sounds so familiar. And in fact, is what you heard in Maine before we lost that one too. I get the impression it is just more pie in the sky wishful thinking by people who are being as equally unrealistic as they were the first time around with Prop 8 and again with Maine. And now they are doing it all over again.

Worse, I fear that such premature efforts will only set us back further. First, they will tap us out financially as well as burn us out emotionally. We could very well be putting this effort in for nothing, wasting a ton of money in the process. If by chance we should win, then I fear what that would do to the Federal Prop 8 case. I think we have a real shot with that case of bringing marriage equality to the whole country. At a minimum, it would stop the ping pong ballot measures in California that will continue on even if we do win in 2010. How many times do we keep wanting to vote on this issue having our rights subject to the whims of voters? We need a high court case to resolve the matter in the way Loving VS. Virgina did in 1967. If we short circuit that process now, we could be delaying federal action on this for a great many years and doing ourselves a great disservice in the process. It is something we need to think about and keep in mind.

The old saying "Be careful what you wish for" comes to mind. We need to be careful and more thoughtful then we have been. Yes we want our rights. Yes we would like them yesterday. But sometimes you have to step back and look at the bigger picture and what will get you to where you want to go NOT in the shortrun, but instead, the longrun. I think there is a large lack of this bigger picture view within the community going on right now. The fact that we are so split on the direction of our future campaigns speaks volumes about this. How do we expect to convince other voters, when we can't even convince ourselves? It's a question we should all be asking ourselves right now.

In light of the one year anniversary of Prop 8's passage and the unfortunate setback with the Maine election results a year later, here's a list of events happening to mark the occasion:

Wed. November 4th:

Fresno -Rally
6:30 to 8pm
Peace corner, Shaw & Blackstone Avenues

Los Angeles - No H8 Photo shoot
1pm to 7pm
North Hollywood, CA
http://www.facebook.com/event.php?eid=176064946659

Los Angeles - March and Rally
7pm to 10pm
Vermont & Santa Monica Red Line Metro Station Plaza to former Black Cat bar
http://www.facebook.com/event.php?eid=168978010349&ref=mf

Palm Springs - Rally
6pm
Corner of Arenas and Palm Canyon

San Diego - March and Rally
6pm to 10pm
San Diego County Administration Building to Manchester Grand Hyatt
http://www.facebook.com/event.php?eid=140269323554

San Francisco - Rally
6pm to 9pm
Harvey Milk Plaza
http://www.facebook.com/event.php?eid=171005419880

Sacramento - Rally
5pm to 7pm
West steps of Capital
http://www.equalityactionnow.org/events.php

Friday Nov. 6th

The OTHER Federal Gay Marriage Case

Some recent action on the Smelt Hammer case

Aug. 17th, 2009

Both the Obama Administration and Obama himself made references to the often overlooked Smelt Hammer case which has been making it's way through the Federal courts for months now without much attention or the high profile attorneys that the Federal Prop 8 case has.

From the Associated Press:
The Obama administration filed court papers Monday claiming a federal marriage law discriminates against gays, even as government lawyers continue to defend the law.
Justice Department lawyers are seeking to dismiss a suit brought by a gay California couple challenging the 1996 Defense of Marriage Act. The administration's response to the case has angered gay activists who see it as backtracking on campaign promises made by Barack Obama.

In the court papers, the administration urges the repeal of the law but says in the meantime, government lawyers will continue to defend it as a law on the books.

Click here to read more

After those statements were made, Obama himself commented on the issue:

"Today, the Department of Justice has filed a response to a legal challenge to the Defense of Marriage Act, as it traditionally does when acts of Congress are challenged. This brief makes clear, however, that my Administration believes that the Act is discriminatory and should be repealed by Congress. I have long held that DOMA prevents LGBT couples from being granted equal rights and benefits. While we work with Congress to repeal DOMA, my Administration will continue to examine and implement measures that will help extend rights and benefits to LGBT couples under existing law."

- Barrack Obama Aug. 17th, 2009

MEET IN THE MIDDLE EVENT

Wow! What an event this was. Very moving. We got there and were in the right place at the right time so ended up with front row seats for the whole thing! It was incredibly hot, but that did not dampen the spirits of everyone one bit. I took some photos and a ton of video which will take awhile to go through but you will see it as soon as I can slog through it all and edit it down a bit.

Photos are now posted in the gallery and there is some video as well. I was at the front of the stage filming during the actual rally, so thanks to Rock Kendall for all the great photos taken during the event showing different vantage points!

Why Fresno?

Because we lost Prop 8 by the number of people in a city the size of Fresno, that's why. Just think about it. If we had convinced every person in Fresno to vote No on 8, we would have marriage equality in this state right now. For ALL our community, not just part of it.

To find out more info visit http://www.meetinthemiddle4equality.com/

In 1902, when the women's suffrage movement was just getting warmed up, the American flag had 45 stars. In protest, the suffragists created their own US flag with only four stars, representing the four states that allowed women to vote. So we are doing the same for the Marriage Equality movement! To find out more about this project, please visit the official website for this project. It's quite interesting!

Gays Can Now Apply for The Newlywed Game!

The Game Show Network's The Newlywed Game hosted by Carnie Wilson has announced that they are now open to same-sex couples who have a legal marriage license in at least one state. The game pits couples against each other to test their knowledge about their spouse on TV. If this sounds like you or someone you know, please contact the Casting Team IMMEDIATELY at: 
TheNewlywedGame@embassyrow.com

PLEASE INCLUDE: Names/Ages, City/State, Phone Number (with area code), Email Address, Wedding Date, and PHOTO.

All participants must be 18 years of age or older and married 2 years or less.