Blogcabin California

July 30, 2008

NEWS FLASH: Battle of Prospective v. Retroactive Application of Proposition 8 Raised in Latest Legal Challenges To Changes In Initative

Posted by Kevin Norte at 2:33 pm .
Filed under: Gay Rights, California Politics, What Do You Think?, Marriage

magic8ball.jpgTwo separate actions have been filed in the in the never-ending drama of Proposition 8 Marriage-Go Round. 

The first, Jansen v. Bowen No. 34-2008-00017351 the petitioners seek to have the current title that only eliminates the right of same gender couples to marry, which appears to be prospective in scope, with the original wording, which implies that the amendment is retroactive in scope (which I constitutionally doubt.  See my other entries on the issue of the potential unconstitutionality of a retroactive amendment along with my most recent OPED piece in the Met-News and my recent article in OpEdNews.com).

In the second, Jenkins v. Bowen, No. 34-2008-00017366, the petitioners seek to strike the language of the proponents’ argument in favor of the amendment and the rebuttal to the opposition because the language incorrectly states California law.  MORE IMPORTANTLY, IT REAISES THE ISSUE OF THE PROSPECTIVE VERSUS RETROACTIVE EFFECT OF THE INITIATIVE AS TO THOSE WHO ARE CURRENTLY MARRIED.  (See my other entries on the incorrect analysis of the law regarding the forced teaching of same gender marriage in kindergarten (false) along with my most recent OPED piece in the Met-News).

I surmise that the original In re Marriage Cases (2008) 43 Cal.4th 757. 799, inadvertently triggered this pre-election review.  In the Marriage case, the Supreme Court, stated, in addressing Proposition 22, which banned same gender marriages by an initiative statute, “Nothing in the ballot materials or other background of the initiative indicates that its proponents intended to limit its scope. . .” “Indeed, in view of the thrust of the measure as explained in the ballot arguments supporting the proposed initiative and rebutting the argument against it, it would be unreasonable to conclude that the measure was intended (and should be interpreted) to leave the Legislature free to revise California law to authorize the marriage of same-sex couples.”  My conclusion, drawn from Supreme Court precedent, is that the Court will look to the victor’s ballot statements in order to determine the legislative intent. Consequently, I am not surprised by the vigorous challenges to the ballot statements at this time.  The Supreme Court has opened the door to this new preemptive strike that may potentially be used in the future for other initiative challenges.  I guess one could say that the Court, in this staggering economy, inadvertently gave birth to a “Pre-election Ballot Challenge Industry.” 

The oppositions are due by August 4, 2008 at 12 NOON.

The hearings will be held in Department(s) 29 and 31 of the Sacramento Superior Court on August 7, 2008 at 1:30 PM (pending the cases being deemed related).

Prop8.1.pdf

Prop8.2.pdf

Prop8.3.pdf

Prop8.4.pdf

Prop8.5.pdf

Prop8.6.pdf

Prop8.7.pdf

Prop8.8.pdf

Prop8.9.pdf

July 28, 2008

PROPOSITION 8:The Fall of the Evangelical Age and The Rise of The Age of Reason

Posted by Kevin Norte at 10:59 pm .
Filed under: National Politics, Gay Rights, California Politics, What Do You Think?, Schwarzenegger, Marriage

magic8ball.jpg  As soon as attorney general’s office changed the wording of the initiative to now state truthfully that it seeks to ‘eliminate the right’ of same-sex couples to marry, Jennifer Kerns, speaking for the proponents of Proposition 8  said the initiative’s wording could prejudice voters.


The Protect Marriage group said they will file suit to block a change made by California Attorney General. Jerry Brown to the language of the measure’s ballot title and summary.
In prior BLOG Cabin blog entries and pieces in the Met-News, I wrote about whether the proposed amendment was an amendment or an initiative.  It is my strong believe that is an improper Constitutional revision masquerading as an amendment.
 
At this stage it is important to note that Petitions circulated to qualify the initiative for the ballot were circulated prior to the Supreme Court’s historic ruling finding the right to marry a fundamental right older than the constitution.    The Supreme Court wisely ruled that the right to marry “has independent substantive content, and cannot properly be understood as simply the right to enter into such a relationship if (but only if) the Legislature chooses to establish and retain it. “ It further explained that this fundamental right “in not properly viewed as simply a benefit or privilege that a government may establish or abolish as it sees fit, but rather that the right constitutes a basic civil or human right of all people.”  The petition merely stated that said the initiative would amend the state constitution “to provide that only marriage between a man and a woman is valid or recognized in California.” 
 

But after the May 15th ruling, the entire initiative may be invalid if viewed as retroactive (which the proponents appear to claim) because as to marriages entered into prior to November 5th, it could be argued that it is (1) an ex-post facto law, (2) it would void the contract entered between same gender spouses (See Former Civil Code § 55, [marriage is “a personal relationship arising out of a civil contract. . .].) and (3) constitute a taking under the 5th amendment regarding community proper rights and similar property rights, and clearly violate due process because the individuals affected would never be given their day in Court. Last week the attorney general’s office changed the language to say that Proposition 8 seeks to “eliminate the right of same-sex couples to marry.”  Logically and legally, this is the only way Proposition 8 could precede.  (NOTE- if passed, expect an equal protection challenge by those who were not married by November 4th because the law would arguably violate equal protection.  The law would arbitrarily treat those married after Election Day differently be prohibiting those same gender couples to marry.)


 Jennifer Kerns, in a Los Angeles Times story called the new language “inherently argumentative” and said it could “prejudice voters against the initiative.”
 

Protect Marriage want voters to see the same wording even though the law changed on May 15th.  This is nonsense because the prior wording stated that it does not change California law.  I am not sure what wording they even want.  I am taking the position that they are in a no-win situation.  If they use the prior language, it may very well spell doom for the entire amendment. It may doom all of it because IT CONTAINS NO SEVERANCE CLAUSE.  If they even attempt to claim that it invalidates all current same gender marriages in California, it would most likely doom the entire amendment.  If they allow it to proceed with the revised language, the Prop 8 supporters would only have to worry about violating the Equal Protection rights of same gender couples who wish to marry after Election Day assuming it even passes.  (Which I doubt.)
 

What Proposition 8 now does is only eliminates the right of same-sex couples to marry and speaks PROSPECTIVELY and not RETROACTIVELY.  According to the Los Angeles Times, analysts agree that the language change will make passage of the initiative more difficult.

The proponents are swimming up stream and trying to swim to a sinking shop.  Thousands of same gender couples all over California are now married and the Constitutional protections California provides that this fundamental right cannot be taken away by a mere poorly thought out, homophobic initiative.
 

I, like Governor Arnold Schwarzenegger, believe that the people of California are beyond this issue.  It is time for the proponents of hate move on and find another enemy to hate.  California has withdrawn its “Welcome Mat.”  It is the Beginning the End of the Evangelical Age and we are witnessing the Dawn of the Age of Reason.

“No. This is an anti-gay state.”

Posted by Christopher Gilbertson at 2:10 pm .
Filed under: Miscellany

South Florida Sun-Sentinel.com

Amendment could lead to tragedy

July 27, 2008

By William Butte

Mathew Staver, president of the Florida-based Liberty Counsel, represents a group of Californians described as “extremists” who want to go beyond banning same-sex marriage to “strip away gay rights” of any kind in the Golden State. He also authored Florida’s Amendment 2, the November ballot measure that would alter our state’s constitution to define marriage as between only a man and a woman and ban its “substantial equivalent.”

The description of Staver’s group as anti-gay rights extremists comes not from gay rights activists but from Andrew Pugno, a lawyer representing backers of Proposition 8, the California ballot measure that would limit marriage there to heterosexual couples without banning its “substantial equivalent.”

As reported July 16 on Law.com, during the recent unsuccessful legal challenge to keep Proposition. 8 off California’s November ballot, Pugno filed a brief asking the California Supreme Court to prevent Staver’s group, Campaign for California Families, from intervening in the suit.

Pugno attached a letter from 2005 that CCF sent out to voters, describing Proposition. 8 as a “flawed amendment” that would “permit marriage by another name in California,” while the CCF’s proposed amendment would “limit marriage to a man and a woman, eliminate domestic partnerships and many gay rights already provided by companies and other organizations.”

After California enacted a domestic partnership law in 2005, Staver tried twice but failed to get enough signatures for his amendment; Californians weren’t opposed to the law or its benefits to same-sex and unmarried senior couples, such as hospital visits and medical decision making.

Staver would like to ban such benefits in Florida by using Amendment 2 with its ban on the “substantial equivalent” of marriage to dismantle the few domestic partnership registries in the state. And that will guarantee more tragic stories such as that of Lisa Pond and Janice Langbehn.

The couple came to Miami from Lacey, Wash., in February 2007 with three of their four adopted children for “a family dream vacation,” as Langbehn later described their planned week-long Caribbean cruise.

But before their ship set sail, as the 39-year-old Pond watched her kids play on the upper deck, she suddenly collapsed.

Pond was rushed to Ryder Trauma Center at Jackson Memorial Hospital, where Langbehn says hospital staff denied her and the children access to Pond for 18 hours, until she died from a brain aneurysm.

Langbehn and the children were treated as non-relatives, even though she and Pond had been together 18 years, and were registered domestic partners in Washington state.

Langbehn had friends fax their legal paperwork, including their health care surrogate form and durable power of attorney, to JMH social worker Garnett Frederick, who she says told her that they were “in an anti-gay city and state.”

Last month, Langbehn filed a federal lawsuit for negligence against the Public Health Trust of Miami-Dade County, which governs Jackson Memorial Hospital, naming Frederick and two doctors as defendants. Florida residents in registered domestic partnerships can also encounter problems.

After Langbehn’s lawsuit was publicized, I heard from a Broward County man who’d been in a registered domestic partnership, and even with durable power of attorney he had to get a court order to gain access to his partner of 18 years in a local hospital before he died.

When Langbehn’s lawsuit was publicized in the South Florida Sun-Sentinel, an online poll asked readers: “Should Florida hospitals recognize gay partners as official next of kin?” And 86.4 percent of respondents answered “yes.” With Amendment 2, the answer its author wants us to hear is: “No. This is an anti-gay state.”

Your vote against his amendment in November will help ensure those words aren’t used against Floridians or our tourists ever again.

William Butte is a commentator on issues affecting the GLBT community. E-mail him at wmbutte@bellsouth.net

Ticklish Marriage Questions for Kevin

Posted by Christopher Gilbertson at 7:20 am .
Filed under: Miscellany

Several gay couples I know are planning to go to California to get married now that same sex weddings are legal there combined with the fact that there is no residency requirement to marry. The Los Angeles Times just did a piece cautioning out of state gays to be careful because under existing laws throughout the land, it is much easier to marry than it is to divorce - should things not work out. They cited an example of a Rhode Island couple that married in Massachusetts, but now cannot get a divorce because Rhode Island won’t do it and Massachusetts has a one year residency requirement for divorce. The couple is resigned to the fact that they might be forced to be married forever, even though they don’t want to be married any more.As a point of information, in California you can get married in a day, but it takes a 6 month residency to divorce. A Canadian marriage, like Massachusetts, requires going back and establishing a one year residency before you can undo it.

As gay marriages become more common, we are going to see a grand mess nationally. If people in 48 states can go to California to marry, but then can’t get divorced, lots and lots of problems are going to occur.

Besides all the points raised in the L.A. Times article, here is problem that “acoolerclimate” suggested in a comment to my post Accessing those 1200 federal benefits (III) :  What if a bisexual male goes to California and marries another man and they return to Georgia where their marriage is not recognized. After a few years they break up, but do not want to go back to California to live for the required 6 months to divorce, figuring their marriage was never recognized in Georgia anyway. Imagine that the bisexual partner then meets a woman, falls in love and gets married in Georgia. Is he now a bigamist? If he takes a trip to California, can he be arrested for bigamy when he gets off the plane (assuming his angry ex-spouse has informed the authorities of his flight info, etc).

Finally assume the day comes when either through legislation or a Supreme Court decree, Georgia is forced to recognize same sex marriages. Is that person suddenly a bigamist because of the Court decision or new legislation?

The Definative McCain Adoption Statement

Posted by Christopher Gilbertson at 7:16 am .
Filed under: Miscellany

STEPHANOPOULOS: What is your position on gay adoption? You told the “New York Times” you were against it, even in cases where the children couldn’t find another home. But then your staff backtracked a bit. What is your position?

MCCAIN: My position is, it’s not the reason why I’m running for president of the United States. And I think that two parent families are best for America.

STEPHANOPOULOS: Well, what do you mean by that, it’s not the reason you’re running for president of the United States?

MCCAIN: Because I think — well, I think that it’s — it is important for us to emphasize family values. But I think it’s very important that we understand that we have other challenges, too. I’m running for president of the United States, because I want to help with family values. And I think that family values are important, when we have two parent — families that are of parents that are the traditional family.

STEPHANOPOULOS: But there are several hundred thousand children in the country who don’t have a home. And if a gay couple wants to adopt them, what’s wrong with that?

MCCAIN: I am for the values that two parent families, the traditional family represents.

STEPHANOPOULOS: So, you’re against gay adoption.

MCCAIN: I am for the values and principles that two parent families represent. And I also do point out that many of these decisions are made by the states, as we all know. And I will do everything I can to encourage adoption, to encourage all of the things that keeps families together, including educational opportunities, including a better economy, job creation. And I’m running for president, because I want to help families in America. And one of my positions is that I believe that family values and family traditions are preserved.

July 27, 2008

Field Poll Underestimates Growing Opposition to California’s Proposition 8

Posted by Kevin Norte at 6:25 pm .
Filed under: Miscellany, Gay Rights, California Politics, What Do You Think?, Marriage

magic8ball.jpgJuly 27, 2008

Field Poll Underestimates Growing Opposition to California’s Proposition 8

California, which now permits same gender couples to marry because of a recent Court case, will have that issue up before the voters in what can best be described as a referendum on the California Supreme Court’s ruling. Their ruling found that the right to marry, under an equal protection analysis (as well about three or four other Constitutional rights), extends to same gender couples. The initiative will proceed to a vote at the general election on November 4, 2008. It is officially numbered as Proposition 8. A person involved in the recent Proposition 8 Field Poll commented about the recent numbers giving those that approve of the Supreme Court’s May 15, 2008 decision in the In re Marriage Cases and oppose Proposition 8, a lead of 51% over those that support Prop 8 of 42%. His impression was that people had a high degree of knowledge about the issue and that this is unusual this many months before an election. He believed most people had already formed firm opinions and doubted that a campaign would change that. The Field expert said the next poll would be more significant because trends showing which way the voters are moving are more predictive of election outcomes.

Since 1996 Field has tracked 80 propositions and their final poll before the election was correct 75 times (or 93.75%).

The prior poll on this issue has been discounted because the most recent poll tracked the presumed language of the initiative. The prior poll merely was based on the issue of same gender marriage.

Subsequent to the most recent poll being conducted, the California Attorney General changed the official title of the initiative from “Limit on Marriage, Constitutional Amendment” to reflect the true effect the initiative will have on the residents of California. It now reads, “ELIMINATES RIGHT OF SAME-SEX COUPLES TO MARRY. INITIATIVE CONSTITUTIONAL AMENDMENT.”-

No poll results have been released that track the new language. Experts agree that 51% to 42% against Proposition 8 with 7% undecided would roughly translate to 55-45 loss for the Proposition 8 on Election Day. If that is true then California will become the first significant electoral win for Marriage Equality. A victory for equality and spells doom for those opposed to fairness based on sexual orientation. Perhaps bigots believe that GOD is actually on their side, but many same gender couples who have entered covenants between themselves and GOD also believe that they are divinely inspired.

California has approximately 1/8th of or 12.5% of the population of the United States? It will be interesting to follow the inevitable end of the Evangelical Age

July 24, 2008

Profile: Minnesota Governor Tim Pawlenty

Posted by Christopher Gilbertson at 3:17 pm .
Filed under: Miscellany

Is Tim Pawlenty the Perfect Evangelical VP Candidate?

by David Brody

June 12, 2008
Yes, yes. Mike Huckabee. I know many evangelicals love him. But could Minnesota Governor Tim Pawlenty fit the bill for evangelicals too? Think about it. Minnesota is a purple state, he’s popular articulate, young and handsome and an Evangelical to boot. Stop the presses! That’s called the Evangelical trifecta. I believe we actually have reaction from some Evangelicals in this video. Click here.
 Read below from The Minnesota Independent:
Pawlenty became an evangelical Christian in the mid-1980s when he married Mary Anderson, a member of Wooddale Church, an evangelical megachurch in Eden Prairie. The couple were married by the Rev. Leith Anderson, a senior pastor at Wooddale since 1977. Anderson happens to be the president of the National Association of Evangelicals, an organization representing more than 30 million American evangelicals. In fact, Anderson had been the president of NAE from 1999 to 2003, and became the current president after the Rev. Ted Haggard’s troubles involving methamphetamines and gay sex forced him out in 2006.
Despite Anderson’s and the NAE’s promises to keep politics out of the pulpit this year, and despite Pawlenty’s increasingly downplayed evangelism, Pawlenty and Anderson’s close relationship both politically and personally will signal to 30 million evangelicals that Pawlenty is one of them. And the groundwork for that vast network has already been laid. Pawlenty’s already met and spoke with a large number of evangelical leaders.
Pawlenty’s connection to the NAE through his pastor is quite unique for a politician. When Pawlenty goes to church on Sundays, he is also heading to the church that houses a good many of the NAE’s headquarters. 

In 2003, Pawlenty and Wooddale hosted about 1,600 evangelical leaders from around the country for a two-day convention of the National Association of Evangelicals. Pawlenty praised the work of President Bush and his faith-based initiatives, a program that funnels federal funds to religious charities. “If you’re going to change destructive behavior, you’ve got to change hearts,” said Pawlenty, according to the Star Tribune. “Governors can’t do that. We hope you can do that in a God-honoring manner that meets the challenges of our day.”

In 2004, the evangelical Twin Cities Festival drew around 80,000 people to the Minnesota Capitol grounds for a two-day faith event. Pawlenty offered a warm reception, and even held event-organizing meetings with Luis Palau, according to the Pioneer Press. Of the festival, Pawlenty said, “I’m proud to be associated with such an important faith event. Faith is an important glue that holds our state together.” He added that he prayed “that God will bless this weekend and continue to bless this great state.” Mary Pawlenty was a featured speaker at the festival. 

Pawlenty has quietly but firmly put his evangelical beliefs to work in his political life as governor. In 2003, an inauguration ceremony was held at Wooddale just before his swearing in with Anderson saying a few words: “I believe the God of government has brought Tim Pawlenty to the governor’s office in St. Paul for peace and good in the lives of all Minnesotans.” He had a similar ceremony at Wooddale in January 2007 after winning reelection in 2006.

More here. 

Here’s how the Baptist Press describes him and his actions:

Re-elected as governor of Minnesota in 2006, Pawlenty is pro-life and has spoken at March for Life rallies in St. Paul on the anniversary of the infamous Roe v. Wade decision. At the 2006 rally, he told marchers, according to the Associated Press, “We have a dream today that someday soon this will not be an anniversary of sadness, but an anniversary of justice restored.” He also has signed into law several pro-life bills, including one requiring a mandatory 24-hour waiting period before a woman can obtain an abortion.He has received high marks from pro-family officials on a number of issues. This year he vetoed a bill that would have allowed local governments to offer marriage-like domestic partner benefits to their homosexual employees. He also has been a staunch supporter of a proposed constitutional marriage amendment, although it has failed to make it out of the legislature. In addition, he has opposed so-called comprehensive sex education.

He recently vetoed a bill that would have allowed taxpayer dollars be used for embryonic stem cell research and therapeutic cloning, LifeNews.com reported. In his veto message he encouraged the use of alternatives.

“Significant and promising progress continues to be made on the use of adult stem cells. This creates ample opportunity to work toward lifesaving cures,” Pawlenty said. “We should encourage this science.”

He told a gathering of Republicans in 2006 that Minnesota, long considered a left-leaning state, is becoming conservative.

“We’re fighting a tradition that is deeply liberal,” he said. “But it’s changing. It’s changing. And we do not want to go back.”

Depository of Bennett v. Bowen (Hollingsworth):The Proposition 8 Archives

Posted by Kevin Norte at 11:31 am .
Filed under: California Politics, What Do You Think?, Marriage

EQCA Stay.pdf

Bennett SOS response.pdf

Bennett AG Amicus Brief.pdf

Ballot Title Challenge

BvB_Prel_Opp_Writ_Petition.pdf

ca_ssm_defense_motion_intervene[1].pdf

Bennett v[1]. Brown reply.pdf

BennetLetter.pdf

BennetLetter2.pdf

 

 

“Ich bin ein Amerikaner” - - Postcards From Berlin

Posted by Kevin Norte at 11:16 am .
Filed under: National Politics, What Do You Think?
 
Interpretation: “Higher, Ever Higher!” is expressed in the Futurist diagonals running from lower left to upper right.
Prelude: Mrs. Merkel had just shown signs of support when she told reporters: “I would say that he is well-equipped – physically, mentally and politically.”  Something must have gotten lost in translation because I had to laugh at , “I would say that he is well-equipped – physically. . .”  Of course, I had to laugh at the comment and Angela’s choice of words momentarily detected me, but wasn’t this the Mrs. Merkel who is best buddies with “W”?  Was Angie caught up in the hyterics of “OBAMAMANIA”?  Was she supporting “O”?  75% of Germans in a poll conducted support him for President.
What I witnessed today was a 21st Century Campaign Tour.  It no longer matters what town one has to be in, MSNBC internet brings it right into our homes or offices.  Not since Eva Peron and The Rainbow Tour has Europe seen such a display of playing to the masses.  I guess you could call “O”, the New World Madonna With A Golden Touch.  Nixon lost to Kennedy because of television.  Obama might have set a new standard today.
NOW: I am watching the speech in Berlin and typing in real time in Los Angeles.Senator Barack Obama (D-IL) is invoking Kennedy and is speaking to the people of the world to unite.  He evokes images of Kennedy and the Berlin Air Lift where planes flew overhead and instead of dropping bombs, dropped food.    

Unfortunately Obama skips over Reagan yet manages to discuss the wall being torn down.  Now this is the difficult part, unfortunately but objectively, it is a good speech.  Let me continue in real time. 

He discusses the end of the cold world and the dangers of the new world.  He claims that we cannot afford to be not being united.  The view that America is a part of what is wrong is mistaken.  We stand for freedom around the world.  There have been differences between Europe and America is not that great because we are “global citizens” and we must advance our common humanity.  The greatest danger is to allow new walls to divide us.  “The walls between Christians, muslins, and Jews must not stand and we must tear down” those walls.  “We know that these walls have fallen before.”  “America has no better partner that Europe.”  “Now is the time to join together. . .through shared sacrifice.”  In discussing terrorism, he suggests a new type of entity similar to NATO.  He discusses that we do not welcome war but for shared security, and that the work must be done in Afghanistan because we have too much at stake.  The goal is a world without nuclear weapons.  The two superpowers came too close in Berlin to almost destroy the world.  This is the moment where we begin seeking the peace of the world without nuclear weapons.  This is the moment where every county in Europe is free to pick its own destiny.  

Obama talks about opening markets but we will not sustain growth if it favors the few.  We must send a message to Iran to abandon its nuclear mission.  We must support the Lebanese, Palestine, and Israelis who seek peace.  This is the moment where we come together to resolve to save the world. On global warming, it says we must resolve to reduce carbon emissions.  

“Will be banish AIDS in our time?”  “Will we reject torture?”  “Will we welcome immigrants from different lands. . .and keep the promise of equality for all of our people?”  “This is our time.” “We’ve made our share of mistakes . .I also know how much I love America.”  In America “we can speak our minds”  “God bless America.”  

AFTER: I do give the Senator from Illinois credit for delivering a good speech and it must be a prelude to the speech in Denver. 

After his speech, right now, as I type, I am thinking that the advertising for that night in Denver on TV is selling like hotcakes and that the advertising rates are increasing to the highest they have ever been for a political speech. 

But it is just a speech.  Despite all the emotion, all the pomp, all the circumstance, he talked about being on the verge of the end of the world and it should not happen again, but (with all due respect to his family) the last young inexperienced president who was a “D” and a Senator, was the first to bring us there. 

I am sorry, but images of the Cuban Missile Crisis, The Bay of Pigs Invasion, The Berlin Air Lift, The Vietnam War, in the end are hard thoughts to shake off.  I do not want that world. I do not know what I witnessed today.

July 23, 2008

Laguna Beach (the city not the series) Comes OUT, Well Sort Of,. . .

Posted by Kevin Norte at 11:00 am .
Filed under: Gay Rights, California Politics, What Do You Think?, Marriage
laguna_beach.jpgweddingcake_2.jpgmagic8ball.jpgLaguna Beach became one of the first cities to oppose Proposition 8 or the Marriage Protection Act or “”Eliminates Right of Same-Sex Couples to Marry.  Initiative Constitutional Amendment” in a City Council meeting late Tuesday night.   

Proposition 8, drafted for the 2008 California Election Ballot, would limit marriage to only being between a man and a woman if passed, legally prohibiting same-sex marriage.

Mayor Jane Egly and Councilmember Toni Iseman made a jump to bring the opposition before the council as an item in hopes of being the first city in the state to oppose the proposition.

Mayor Egly reminded members of the public present at the council meeting that because of the Brown Act, only two members of City Council may bring an item before the rest of the council, and assured the audience that the entire council supported the opposition.

“I never doubted for a minute a second that anyone on this council would not support this,” said Councilmember Elizabeth Pearson.

“I mean this is just who we are,” Pearson continued. “This is one of the things that make Laguna great.”
Councilmember Kelly Boyd became emotional when telling the audience of his great support for the opposition due to the fact that two of his family members are gay and have faced adversity.

All audience members who spoke in the public hearing on the opposition of Proposition 8 supported opposing the limitation and the decision was made unanimously.

As one audience member recounted to the council “It’s such a Laguna thing to do.”

We’ve just come a tremendous, long way in the process” of gay equality, said Frank Ricchiazzi, a co-founder of the Log Cabin Republicans, a gay and lesbian advocacy group and longtime Laguna Beach resident who attended Tuesday’s meeting.

(Special thanks to James Vaughn for contributing this item.)  

William Bratton Comes OUT, Well Sort Of. . .

Posted by Kevin Norte at 7:11 am .
Filed under: Gay Rights, California Politics, What Do You Think?, Marriage


magic8ball.jpg
From the Los Angeles Times

CAUSE CELEBRE

LAPD Chief Bratton backs gay marriage with checkbook

The city’s top law enforcement official, saying the Constitution upholds such unions, donates to a group fighting a ballot initiative that would ban them.
By TINA DAUNT
CAUSE CÉLÈBRE  

7:57 PM PDT, July 22, 2008

LAPD Police Chief William J. Bratton has come out — in favor of gay marriage.

As a wedding gift to friend and celebrity publicist Howard Bragman and his longtime partner, Chuck O’Donnell, Bratton made it official: He and his wife, former Court TV diva Rikki Kleiman, strongly believe that gays have a right to marry. And in honor of Bragman and O’Donnell, who wed this past week in Norwalk, the chief and Kleiman have made a donation to Equality California, a group seeking to stop a state ballot measure this November that would ban same-sex marriages.

“The Constitution guarantees life, liberty and the pursuit of happiness,” Bratton said this week. “I see no reason why gays can’t pursue happiness through marriage.”

After learning of the Bragman-O’Donnell union a few days ago, Bratton and Kleiman asked the couple what they would like as a wedding present. Bragman was direct: No gifts — instead, make a donation to Equality California to help stop Prop. 8. And please make it public.

Other friends of Bragman and O’Donnell — who was USC’s Tommy Trojan for 10 years — have done the same. They include tennis star Martina Navratilova and former “Grey’s Anatomy” actor Isaiah Washington. (He’s been trying to make amends with the gay community since he was caught uttering an antigay slur backstage at the Golden Globes in January 2007; Bragman is his PR rep.)

The veteran celebrity spin master is hopeful that others will make donations to Equality California’s efforts to stop Prop. 8 this fall.

“So many of these ballot initiatives seem esoteric and hypothetical,” Bragman said. “Our marriage changed that for people who know us. Our love, respect and commitment has the power to change hearts and minds and make an ethereal concept real.”

The ceremony was performed by West Hollywood Mayor Jeffrey Prang in Norwalk at the Los Angeles County Superior Court complex.

July 22, 2008

Who Will Be The Running Mate?

Posted by Kevin Norte at 2:01 pm .
Filed under: National Politics, What Do You Think?, Washington Politics

mccainright.jpgWho should John McCain pick to be his running mate?

Former Gov. Mitt Romney (R-Massachusetts)
Former Rep. Rob Portman (R-Ohio)
Sen. Joe Lieberman (I-Connecticut)
Gov. Charlie Crist (R-Florida)
Former Gov. Mike Huckabee (R-Arkansas)
Gov. Haley Barbour (R-Mississippi)
Gov. Bobby Jindal (R-Louisiana)
Gov. Sarah Palin (R-Alaska)
Carly Fiorina (McCain advisor, former Hewlett-Packard chief)
Other?

Proposition 11 is GOOD GOVERNMENT

Posted by Kevin Norte at 8:41 am .
Filed under: California Politics, What Do You Think?, Schwarzenegger

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The new Field Poll came out at 6:00 AM this morning and I was surprised that 77% of those polled were unaware of it while 23% were.  

Proposition 11 is the redistricting measure.  Governor Arnold Schwarzenegger has been fighting for redistricting reform since he took office in 2003.  Many of us believe the people of California want to bring competition and centrist leadership back to our state. 

WE believe that WE need a system where voters choose the politicians not where politicians choose the voters. If passed by voters in November 2008, will return power to the people. 

Proposition 11 will create a 14-person independent citizens commission comprised of five Democrats, five Republicans and four individuals not registered as a member of either major party to draw district boundaries for the Senate, Assembly and Board of Equalization. 

Proposition 11 is “Good Government” because it creates a more open and transparent redistricting process, takes the power to draw district lines out of the hands of lawmakers and puts into place a non-partisan process that requires respecting existing city boundaries, county boundaries and communities. 

However, out of those intending to vote, 42% support it, 30% oppose, and 28% are undecided.  At this early stage in the game, anything less than 50% with a high number of undecided voters mean that the results can swing after Labor Day and more so as we get closer to the election. 

The redistricting measure makes sense because it redraws districts so that they follow logical paths and are not drawn to favor one party or another.  In fact, the redistricting guidelines favor following boarders of cities etc.  

With districts redrawn so that elections are not decided in the primary but at the general election, moderation will prevail in many areas.  In primaries the people of California, whether it is one party or another, elect extremes, in many circumstances.  By making the races competitive in November, the hope is that more rational voices will prevail on both sides of the spectrum. 

Those that lose are the far right and the far left but the majority of Californians are progressively moderate (look at the 51% in support of gay marriage with only 7% undecided at this early stage in the latest Field Poll on Proposition. 

True, the redistricting measure does not apply to members of Congress but neither does term limits.  While it would have been nice to redraw these districts too, it is not politically feasible in today’s climate. 

But Californians have a real opportunity to make their voices heard by supporting Proposition 11.  With Prop 11 in place, hopefully sound voices in both parties will prevail and combined with term limits, perhaps the November State Senate and State Assembly races will be competitive and true representatives of all the people will be elected. 

California will be a better place with the passage of Proposition 11.

July 21, 2008

Dobson About to Flip for McCain; LCR Endorsement Imminent?

Posted by Christopher Gilbertson at 7:00 am .
Filed under: National Politics, Republican Party, What Do You Think?, Washington Politics
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Monday, Jul. 21, 2008

Dobson Shifts View, May Endorse McCain

 

Conservative Christian leader James Dobson has softened his stance against Republican presidential hopeful John McCain, saying he could reverse his position and endorse the Arizona senator despite serious misgivings.

“I never thought I would hear myself saying this,” Dobson said in a radio broadcast to air Monday. “… While I am not endorsing Senator John McCain, the possibility is there that I might.”

Dobson and other evangelical leaders unimpressed by McCain increasingly are taking a lesser-of-two-evils approach to the 2008 race. Dobson and his guest, Southern Baptist Theological Seminary president Albert Mohler, spend most of the pretaped Focus on the Family radio program criticizing Democratic candidate Barack Obama, getting to McCain at the very end.

In an advance copy provided to The Associated Press, Dobson said that while neither candidate is consistent with his views, McCain’s positions are closer by a wide margin.

“There’s nothing dishonorable in a person rethinking his or her positions, especially in a constantly changing political context,” Dobson said in a statement to the AP. “Barack Obama contradicts and threatens everything I believe about the institution of the family and what is best for the nation. His radical positions on life, marriage and national security force me to reevaluate the candidacy of our only other choice, John McCain.”

Earlier, Dobson had said he could not in good conscience vote for McCain, citing the candidate’s support for embryonic stem cell research and opposition to a federal constitutional amendment to ban gay marriage, as well as concerns about McCain’s temper and foul language.

Dobson said on the radio program he must consider McCain’s record against abortion rights and support for smaller government, and added McCain “seems to understand the Muslim threat.” He also indicated McCain’s choice of a running mate will be a factor.

Of his new position, Dobson said in the statement to the AP, “If that is a flip-flop, then so be it.”

Both the Obama and McCain campaigns declined comment Sunday.

Dobson is considered a powerful voice in conservative evangelical Christianity; his radio broadcast reaches 1.5 million U.S. listeners daily. Critics argue his influence is waning, pointing to a younger generation of leaders pushing to broaden the movement’s agenda.

Last month, Dobson accused Obama, in a 2006 speech on faith and politics, of distorting the Bible and pushing a “fruitcake interpretation” of the Constitution.

Obama replied that Dobson was “making stuff up” and portrayed his speech as an attempt by people of faith, like himself, to “try to translate some of our concerns in a universal language so that we can have an open and vigorous debate rather than having religion divide us.”

The term flip-flopping doesn’t do justice to Mr. McCain’s self-contradictory economic pronouncements because that implies there’s some rational, if hypocritical, logic at work.

Posted by Christopher Gilbertson at 6:47 am .
Filed under: National Politics, Republican Party, What Do You Think?, Washington Politics
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July 20, 2008
Op-Ed Columnist

It’s the Economic Stupidity, Stupid

THE best thing to happen to John McCain was for the three network anchors to leave him in the dust this week while they chase Barack Obama on his global Lollapalooza tour. Were voters forced to actually focus on Mr. McCain’s response to our spiraling economic crisis at home, the prospect of his ascension to the Oval Office could set off a panic that would make the IndyMac Bank bust in Pasadena look as merry as the Rose Bowl. 

“In a time of war,” Mr. McCain said last week, “the commander in chief doesn’t get a learning curve.” Fair enough, but he imparted this wisdom in a speech that was almost a year behind Mr. Obama in recognizing Afghanistan as the central front in the war against Al Qaeda. Given that it took the deadliest Taliban suicide bombing in Kabul since 9/11 to get Mr. McCain’s attention, you have to wonder if even General Custer’s learning curve was faster than his.

Mr. McCain still doesn’t understand that we can’t send troops to Afghanistan unless they’re shifted from Iraq. But simple math, to put it charitably, has never been his forte. When it comes to the central front of American anxiety — the economy — his learning curve has flat-lined.

In 2000, he told an interviewer that he would make up for his lack of attention to “those issues.” As he entered the 2008 campaign, Mr. McCain was still saying the same, vowing to read “Greenspan’s book” as a tutorial. Last weekend, the resolutely analog candidate told The New York Times he is at last starting to learn how “to get online myself.” Perhaps he’ll retire his abacus by Election Day.

Mr. McCain’s fiscal ineptitude has received so little scrutiny in some press quarters that his chief economic adviser, the former Senator Phil Gramm of Texas, got a free pass until the moment he self-immolated on video by whining about “a nation of whiners.” The McCain-Gramm bond, dating back 15 years, is more scandalous than Mr. Obama’s connection with his pastor, the Rev. Jeremiah Wright. Mr. McCain has been so dependent on Mr. Gramm for economic policy that he sent him to newspaper editorial board meetings, no doubt to correct the candidate’s numbers much as Joe Lieberman cleans up after his confusions of Sunni and Shia.

Just two weeks before publicly sharing his thoughts about America’s “mental recession,” Mr. Gramm laid out equally incendiary views in a Wall Street Journal profile that portrayed him as “almost certainly” the McCain choice for Treasury secretary. Mr. Gramm said that the former chief executive of AT&T, Ed Whitacre, was “probably the most exploited worker in American history” since he received only a $158 million pay package rather than the “billions” he deserved for his success in growing Southwestern Bell.

But no one in the news media seemed to notice Mr. Gramm’s naked expression of the mind-set he’d bring to a McCain White House. And few journalists have vetted the presumptive Treasury secretary’s post-Senate history as an executive at UBS. The stock of that banking giant has lost 70 percent of its value in a year after its reckless adventures in the subprime lending market. It’s now fending off federal investigation for helping the megarich avoid taxes.

Mr. McCain made a big show of banishing Mr. Gramm after his whining “gaffe,” but it’s surely at most a temporary suspension. When the candidate said back in January that there’s nobody he knows who is stronger on economic issues than his old Senate pal, he was telling the truth. Left to his own devices — or those of his new No. 1 economic surrogate, Carly Fiorina — Mr. McCain is clueless. Even Arnold Schwarzenegger, a supporter, said that Mr. McCain’s latest panacea for high gas prices, offshore drilling, is snake oil — and then announced his availability to serve as energy czar in an Obama administration.

The term flip-flopping doesn’t do justice to Mr. McCain’s self-contradictory economic pronouncements because that implies there’s some rational, if hypocritical, logic at work. What he serves up instead is plain old incoherence, as if he were compulsively consulting one of those old Magic 8 Balls. In a single 24-hour period in April, Mr. McCain went from saying there’s been “great economic progress” during the Bush presidency to saying “Americans are not better off than they were eight years ago.” He reversed his initial condemnation of mortgage bailouts in just two weeks.

In February Mr. McCain said he would balance the federal budget by the end of his first term even while extending the gargantuan Bush tax cuts. In April he said he’d accomplish this by the end of his second term. In July he’s again saying he’ll do it in his first term. Why not just say he’ll do it on Inauguration Day? It really doesn’t matter since he’s never supplied real numbers that would give this promise even a patina of credibility.

Mr. McCain’s plan for Social Security reform is “along the lines that President Bush proposed.” Or so he said in March. He came out against such “privatization” in June (though his policy descriptions still support it). Last week he indicated he isn’t completely clear on what Social Security does. He called the program’s premise — young taxpayers foot the bill for their elders (including him) — an “absolute disgrace.”

Given that Mr. McCain’s sole private-sector job was a fleeting stint in public relations at his father-in-law’s beer distributorship, he comes by his economic ignorance honestly. But there’s no A team aboard the Straight Talk Express to fill him in. His campaign economist, the former Bush adviser Douglas Holtz-Eakin, could be found in the June 5 issue of American Banker suggesting even at that late date that we still don’t know “the depth of the housing crisis” and proposing that “monitoring is the right thing to do in these circumstances.”

Ms. Fiorina, the ubiquitous new public face of McCain economic policy, adds nothing to the mix beyond her incessant display of corporate jargon, from “trend lines” to “start-ups.” Before she was fired at Hewlett-Packard, its stock had declined 50 percent during her five-plus years in charge. She missed earning projections — by 23 percent in one quarter — much as she now misrepresents both the Obama and McCain records. This month she said Mr. McCain wanted to require insurance plans to cover birth control medications along with Viagra, when in fact he had voted against it.

Ms. Fiorina received a $42 million payout (half in cash) from H.P., according to a shareholders’ subsequent lawsuit. With this inspiring résumé, she now aspires to be Mr. McCain’s running mate. So does the irrepressible Mitt Romney, who actually was a business whiz before serving as Massachusetts’s governor. Beltway wisdom has it that the addition of such a corporate star will remedy Mr. McCain’s fiscal flatulence.

But Mr. Romney, while more plausible than Ms. Fiorina, is hardly what America wants at this desperate time. His leveraged buyout dealings as co-founder of Bain Capital induced plant closings, mass layoffs and outsourcing. If Mr. McCain truly intends to “put our country’s interests” above politics and reach across the aisle to move the nation forward, as he constantly tells us, why not go for a vice president who’s the very best fit for the huge challenges at hand?

The obvious choice would be Michael Bloomberg — who, as a former Republican turned independent, would necessitate that Mr. McCain reach only halfway across the aisle, and to someone who is his friend rather than a vanquished rival he is learning to tolerate.

Romney vs. Bloomberg is not a close contest. Bloomberg L.P. has roughly three times the revenues and employees of Bain & Company, where Mr. Romney ultimately served as chief executive. Mr. Romney rescued the Salt Lake City Olympics while running it in 2002, but Mayor Bloomberg revitalized New York, the nation’s largest metropolis, after the most devastating attack in our history. The city he manages has more than twice the budget of Mr. Romney’s state.

Yes, Mr. Bloomberg is a closet Democrat and an alpha dog who doesn’t want to be a second banana. And his views on gay civil rights and abortion would roil the G.O.P. base. But Mr. Romney shared some of those same views before he flip-flopped, and besides, these are not ordinary times. Millions of Americans are losing their homes and jobs. Whole industries are going belly up. The national crisis at hand, not yesterday’s culture wars, should drive the vice-presidential pick.

Mr. McCain reminds us every day how principled he is. That presumably means he’d risk a revolt by his party’s dwindling agents of intolerance and do everything in his power to persuade Mr. Bloomberg to join his ticket in the spirit of patriotic sacrifice. The politics could be advantageous too. A Bloomberg surprise could impress independents and keep the television audience tuned in to a G.O.P. convention that will unfold in the shadow of Mr. Obama’s address to 75,000 screaming fans in Denver.

But this is fantasy political baseball, not reality. Mr. McCain, sad to say, hung up his old maverick’s spurs the day he embraced the Bush tax cuts he had once opposed as “too tilted to the wealthy.” And Mr. Bloomberg? It’s hard to picture a titan who built his empire on computer terminals investing any capital, political or otherwise, in a chief executive who is still learning how to do, as Mr. McCain puts it, “a Google.”