equality california

Expect to Fight for Marriage Equality in the November California Election: Lawsuit to Keep Prop 8 Off Ballot Not Likely to Succ

[courtesy of California Progress Report]

Brian-Leubitz.jpgBy Brian Leubitz
Founder and Publisher
Calitics

On June 20, Equality California, NCLR, and a whole host of groups filed suit in the Supreme Court of California against our Secretary of State, Debra Bowen. (Note that Debra Bowen is an amazing Secretary of State; she's getting sued in her Secretary of State capacity.) To grossly oversimplify, EQCA alleges that the signature gathering process was flawed for a few reasons:

• "The proposed initiative is invalid because it is a proposed constitutional revision, not a proposed constitutional amendment and, as such, the California Constitution provides that it may not be enacted by initiative"

• "The description of the proposed initiative in the petitions that were circulated for signature was materially misleading and materially misstated the effect of the proposed initiative to the electors signing the petitions to qualify the measure for the ballot.

Ultimately, this is a long shot. For a number of reasons, the Supreme Court is unlikely to pull the measure off the ballot in November. First the general process questions:

Why go to the Supreme Court directly?

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A Legal Analysis: Bennett, et al v. Bowen et al.: The lawsuit to boot Prop 8?

by Brian Leubitz [courtesy of Calitics - Front Page]

On June 20, Equality California, NCLR, and a whole host of groups filed suit in the Supreme Court of California against our Secretary of State, Debra Bowen. (Note that Debra Bowen is an amazing SoS; she's getting sued in her SoS capacity.) To grossly oversimplify, EQCA alleges that the signature gathering process was flawed for a few reasons:

  • "The proposed initiative is invalid because it is a proposed constitutional revision, not a proposed constitutional amendment and, as such, the California Constitution provides that it may not be enacted by initiative"
  • "The description of the proposed initiative in the petitions that were circulated for signature was materially misleading and materially misstated the effect of the proposed initiative to the electors signing the petitions to qualify the measure for the ballot.
  • Ultimately, this is a long shot. For a number of reasons, the Supreme Court is unlikely to pull the measure off the ballot in November. Let's go over those over the flip.  

    read more »

    Over 200 Gather in Celebration for Marriage Equality in Sacramento

    [courtesy of The California Majority Report]

    I just got back from a rally at the Sacramento Gay and Lesbian Center in Midtown Sacramento, at the heart of Sacramento's gay village. Over 200 supporters of marriage equality turned up to celebrate the California Supreme Court's landmark decision to legalize same sex marriage. Speakers included Senate President pro Tem-elect Darrell Steinberg (D-Sacramento), Sacramento Mayor Heather Fargo, representatives from Equality California and Lambda Legal, and a lesbian couple that has been together for 34 years. It is a humbling experience watching such an historic event unfold. We have a major initiative fight ahead of us in November, but tonight, somehow, that doesn't seem to matter.

    Today's Fresh Meat

    [courtesy of The California Majority Report]

    The California Supreme Court will hear arguments tomorrow on the constitutionality of the state's gay marriage ban."This will be one of the -- if not the-- legal landmarks in thestruggle for equal rights," said Geoffrey Kors of Equality California.

    The subprime mortgage crisis is continuing to cause problems. Local government agencies are facing a sudden spike in borrowing costsfrom a bond market. "It could make government more expensive. That's areal thing to be concerned about," said California Treasurer BillLockyer.

    Former Senator Tom Daschle calls for a Federal Health Board at the Huffington Post today. "Thetime has come for creative ideas and workable solutions to solving ourhealth-care crisis. I submit that the creation of a Fed Health Boardwould be a bold step in the right direction," wrote Daschle.

    There's more... 

    Image courtesy of California State Library Foundation

    Valentine's Day Open Thread

    by Brian Leubitz [courtesy of Calitics - Front Page]

    So, it's Valentine's Day, and the CDP is doing a push to send SoS Debra Bowen a "kiss" for the occasion. Any other thoughts about who else deserves such an honor?

    I have some thoughts on who doesn't. Every now and again in my inbox I receive press releases from groups which are pretty anti-progressive. I trash them and move on usually. But today I got one attacking my relationship, on Valentine's Day, yet! So, who is this grinch? Well, I give you the so-called Institute on Religion and Democracy, ie people who think they are holier than thou. I won't include any of their press release or the link, but suffice it to say that they are opposed to churches acknowledging same-sex relationships at all.  So, to spite them, how about everbyody click through on the ad to the right for Equality California's Let California Ring campaign.

    Any other thoughts, say on the Calderon flower campaign or the Planned Parenthood condom drop on the legislature?

    The Let California Ring Open Letter: Sign on to tell Arnold we all deserve the freedom to marry

    by Brian Leubitz [courtesy of Calitics - Front Page]

    Full Disclosure: I would really like to marry my partner. For reals, though.

    The good folks at Equality California have been working on their "Let California Ring" campaign for several months now. To the right, you'll see their video that they've been featuring on their website. It's pretty powerful. I would say very powerful, but they have "I Know" by Dianne Ferris, and that pretty much takes you out of the realm of "very powerful" in my book.  

    Anyway, they are now sending an open letter to the Governator just in time for Valentine's Day next month. Here's the money quote from that letter:

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    Proposition Polling from Field

    by Brian Leubitz [courtesy of Calitics - Front Page]

    Field released their polling data on Props 93 ((Brian's Disclosure) and 94-97. PDF here.  Supporters and Opponents of these propositions still have quite a bit of work to do before February 5, as voter awareness is still hovering around the 2/3 mark for both and undecideds around 20-25% even after poll education. Also, Field seems to have not polled Prop 92 again.

    Let's get to the details over the flip.

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