The Conclusion of the Ruling on Prop 8

Hi there

Below is the text of the conclusion of the ruling that prop 8 is unconstitutional. To read the full ruling, go to: https://ecf.cand.uscourts.gov/cand/09cv2292/files/09cv2292-ORDER.pdf

CONCLUSION

Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite- sex couples are superior to same-sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.

REMEDIES

Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8. California is able to issue marriage licenses to same-sex couples, as it has already issued 18,000 marriage licenses to same- sex couples and has not suffered any demonstrated harm as a result, see FF 64-66; moreover, California officials have chosen not to defend Proposition 8 in these proceedings.

Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8. The clerk is DIRECTED to enter judgment without bond in favor of plaintiffs and plaintiff-intervenors and against defendants and defendant-intervenors pursuant to FRCP 58.

IT IS SO ORDERED.

VAUGHN R WALKER United States District Chief Judge

Rallies planned across the country on ruling over Prop 8

Hi there

These are the rallies planned, so far, across the country in response to the ruling over Prop 8. Please pass on to friends and lists so each rally has huge attendance and media coverage.

Rally/March in San Francisco - Beginning at 5pm with a rally at Castro & Market, at Harvey Milk Plaza, continuing with a March to SF City Hall with a brief stop at the SF LGBT Center along the way

Rallies in Colorado – Boulder County at 6:30pm at the Boulder Pride House (2132 14th Street, Bouder). Denver at the Colorado State Capitol Building at 6 PM. Contact colorado@marriageequality.org.

Rallies in Texas– Austin at City Hall at 5:30 PM.

Dallas at the Center Cedar Springs Road and Oak Lawn at 6 PM.

Denton at Courthouse Square at 5 PM.

Houston at City Hall at 5:30 PM.

San Antonio at City Hall at 6:30 PM.

Rally in Atlanta, GA - 6:30pm - 8:00pm

Corner of Piedmont Ave. and 10th. Street, Midtown Atlanta

Rally in Phoenix, AZ - 5:30-8pm - Cesar Chavez Plaza across from Phoenix City hall then March to Federal Court House

Rally In Palm Springs - 6:00pm - 8:00pm - Across from Palm Springs City Hall in the court House Parking Lot

Long Beach, CA - Community Rally: 6:00 p.m. - 8:00 p.m.

Where: Bixby Park, Junipero & Cherry Avenue at Broadway Street

Rally in Mountain View, CA - 6-8pm - Mountain View Caltrain Station and City Hall

600 West Evelyn Ave

Rally in San Diego, CA - 6:00 p.m. at 6th & University

March - 6:30 - 7:00 p.m. to The Center

Community Town Hall - 7:00 - 8:00 p.m. at The Center (3909 Centre Street)

Rally in New York City, NY -7pm - New York City Supreme Court

60 Centre St.

New York, NY

Prop 8 Ruling to be announced tomorrow

Hi there

Whatever the ruling, we will be gathering for a rally/march or celebration/march at 5pm at Castro & Market, SF.. See you there..

Just got this:
On August 4, 2010, the court will issue its written order containing findings of fact and conclusions of law following the court trial held in January and June of this year. The order will be e-filed in the court’s Electronic Case Filing system, and will be immediately available thereafter through ECF and PACER. Visit www.cand.uscourts.gov for details on registering for PACER. There will be no court proceeding associated with the publication of the order.

A small number of hard copies will also be made available for public review shortly after the order is e-filed in the following locations:

San Francisco Courthouse: Clerk’s Office (16th Floor) & Press Room (18th Floor)

Oakland Courthouse: Clerk’s Office

San Jose Courthouse: Clerk’s Office

Lynn Fuller
Media & Public Outreach Liaison
United States District Court
Northern District of California
(415)522-4051

I don't know exactly when this will be released, anytime between 9am and 4pm. I'll keep you posted..


Time to get busy!!

Kelly Rivera Hart

We Can Make Better Use of Our Time

Hi there

Another of many rallies is being planned soon to protest one of our allies. Why? Who is behind all this negative press of people that have stood with us time and time again? What is the reason for getting the community all fired up to protest at the offices and homes of people on our side instead of protesting people who are not? These are questions we need to ask ourselves?

One protest is claiming that House Speaker Nancy Pelosi is turning a deaf ear to the need to save AIDS Drugs Assistance Program, or ADAP. This is far from true. Pelosi has been and continues to be one of the most outspoken, hardworking allies for the HIV community. She may not be perfect but who is?

“Effective drug treatments have improved both health and quality of life for thousands of Americans living with HIV/AIDS. However, many uninsured, low-income HIV-positive individuals still do not have access to these life-saving medications because they generally do not meet Medicaid requirements until becoming disabled by full-blown AIDS.

“Forcing people with HIV to wait for health care until their immune system is compromised by AIDS is bad health policy." House speaker Pelosi said in Nov. last year. She has been fighting for more AIDS services funding for over a decade. Why are we throwing her under the bus now?

How far are we willing to pressure our allies? Are we willing to protest so much that we may start losing allies? We should be radical,yes. We should be assertive for our rights, yes. But we have to be operating wisely and with all the facts.

"The AIDS Drug Assistance Program offers a lifeline to people who otherwise would be unable to pay for these new drugs. Research has shown that combination therapies are effective in battling the AIDS virus. We need to make these drugs available to all Americans who would benefit from them," Pelosi said.

And she hasn't just talked the talk. Pelosi has worked tirelessly to save the Ryan White Care Act time and time again. She's also been supportive, in the foreground and the background, for ENDA for ages. And she's been outspoken for repealing Don't Ask, Don't Tell and the Defense of Marriage Act for years. Look at her voting record on votesmart.org/voting_category.php?can_id=26732 to see for yourself.

So, why aren't we going after those that are not fighting for ADAP instead? What is going on that people are feeding more fuel to the fire for the republican party's quest to take Pelosi and President Obama down? Because, make no mistake, every protest and every die in will be used to the advantage of people running against these two leaders. Would we rather have the republican or tea party running the House and in the White House? Then we will really see inaction and disregard for healthcare, human rights and the LGBT community. Remember the Reagan years? Remember the Bush Sr years? And, we don't have to go too far back to remember the GW Bush years.

We may have the numbers for full equality right now, according to polls (by an uncomfortably slim margin since demographics are usually off give or take up to 10 points), but we don't have the political or financial clout. We have to keep our allies and gain more, not turn on the few that we have. Wouldn't it be a better use of our time to go after the people that are not supporting us and educate them? Why are we constantly preaching to the choir? This is pointless. And, if I keep helping my neighbor to my left and he keeps accusing me of not helping me, sooner or later, I'll help the neighbor to my right instead.. That's not losing compassion, that's just giving up on the ungrateful.

We need to keep moving forward, not backward. Yes, we do need to keep encouraging those that are fighting for our health and human rights. But we need to call out those politicians that truly are in the way of saving lives and getting rights.

thanks

Kelly Rivera Hart