Two Motions to be heard Thurs. Dec. 8th, 2011 by 9th Circuit

Found this article at SDGLN.com thought you might want to read it, so you know what's going on with the court hearings on Thursday, Dec. 8th. The 9th Circuit are not making their decision as of yet as to whether or not they are going to solidify the ruling of then District Judge Vaughn Walker. This is however one of the final steps towards marriage equality. Since there are remote viewing of a delayed broadcasting of the trial you can follow the trial via Twitter by following @AFER. I have followed @AFER for every hearing I wasn't able to view be it that I was working or what have you, and I can honestly say, they will update (almost literally) sentence for sentence, word for word, step by step of the trial.

If you would like to learn more about how to get involved with your rights and the rights of millions, please see the upper right corner of the blog where you will find a table labeled "Get Involved". Godspeed.

- Jon Scott

SAN FRANCISCO – The Ninth Circuit Court of Appeals this week will hear two major motions in the Proposition 8 case, setting the stage for rulings by year’s end or in early in 2012.

A three-judge panel will hear oral arguments on:

-- Motion by the pro-marriage supporters to release the Prop 8 trial video

-- Motion by the anti-marriage proponents’ to throw out the case because the judge did not disclose that he is gay

The hearing, which starts at 2:30 pm PT Thursday, Dec. 8, is expected to last two hours.

On Aug. 4, 2010, federal district Judge Vaughn Walker ruled that Proposition 8 was unconstitutional, but anti-marriage foes appealed that decision to the Ninth Circuit. Since then, anti-gay groups have tied up in court Judge Walker’s historical decision ruling that Prop 8 was unconstitutional on several legal principles.

The high-powered legal team led by Ted Olson and David Boies, representing the American Foundation for Equal Rights (AFER), successfully argued why Prop 8 was unconstitutional and discriminatory toward gay and lesbian couples who wish to marry.

“Our case for marriage equality is back on the fast track and we are poised for dramatic progress in the coming months,” said Adam Umhoefer, AFER’s senior project director.

“We have one final step before the Ninth Circuit Court of Appeals affirms the historic Federal District Court decision which found marriage discrimination unconstitutional,” he said. “I am confident that the Ninth Circuit will swiftly confirm the personal freedom of every American.”

AFER offered a preview of what will happen on Thursday.

Release the tapes

In the first hour, Olson will argue that the public has a First Amendment right to see video footage of the historic Prop 8 trial. The District Court has already ruled that the American people have a vested interest in transparent court proceedings, but the Prop 8 proponents appealed that decision. They are trying to keep the video under lock and key because they don’t want anyone to know that they failed in court, where reason and facts matter.

Also arguing that the tapes should be released is a media coalition comprised of The Associated Press, The New York Times, Los Angeles Times, FOX News, NBC News, the Hearst Corp., Dow Jones & Co., and others.

Motion to vacate

In the second hour, Boies will address the proponents’ motion asking that our District Court victory be vacated because the judge who heard the case is gay and in a long-term relationship. The anti-marriage forces are trying everything they can to get the case thrown out because they know that reason and truth are on our side.

This tactic was universally condemned in the media and it took only a day for Chief Judge James Ware to rule against the homophobic motion. We are confident that the appeals court will affirm that being gay has no bearing on a judge’s impartiality, just as courts have historically done with cases involving race, gender and religion.

Hearing to be broadcast

The court has allowed a delayed broadcast of the hearing and has set up remote viewing locations in Pasadena, Calif.; Portland, Ore., and Seattle. You can also follow AFER's live updates from the courthouse on Twitter.

Sanctity of Marriage: Same-Sex Couples vs. Heterosexual Divorce Rates

So the main argument behind the anti-gay marriage is that LGBT's will ruin the sanctity of marriage... but since its all about the definition of the word, lets look at "sanctity" for a moment.

sanc·ti·ty

   [sangk-ti-tee] Show IPA

noun, plural -ties.

1.

holiness, saintliness, or godliness.

2.

sacred or hallowed character: the inviolable sanctity of thetemple.

3.

a sacred thing.

Back to what I was saying, lets look at the facts of marriage. Keep in mind that these facts are of present time and are during the same time that gay marriage is not legal.

• About 50% of first time marriages end in divorce
• 65% of second time marriages end in divorce
• Kim Kardashian's marriage lasted 72 days
• Larry King has been married 8 times
• 3.6-5% of marriages end every year
• Money problems are cited to be the #1 cause of divorce ("for richer or poorer" that's a vow to God) yet impossible to calculate because of the vague #1 reason, irreconcilable differences.
• Nevada offers a quickie divorce
• The crime laden District of Columbia has the lowest rate of divorce
• 11% of African American's have been through divorce
• 10% of White non-Hispanic have been through divorce
• 8% Hispanic/Latino have been through divorce
• Two out of three marriage's ending in divorce have minor children, that's right 66.67%
• Illegal immigrants marry for Visa's while providing their "spouse" with a monthly allowance as little as $1,000
• An adult may marry a minor (child) by the consent of a parent in some states.

If you notice there are no divorce rates for same-sex marriages listed above. This is because it hasn't been legal enough to establish same-sex marriage to same-sex divorce statistics. However, gay couples, having had to struggle to be married, exhibit a stronger sense of commitment to each other and to marriage.

What I'm saying here is this, keeping gays from marrying is not going to save the sanctity of marriage because their is no sanctity for marriage anymore. The LGBT community actually hold marriage in higher lights because we have had to fight for it. We haven't been able to marry, divorce, remarry, and trash its reputation with a divorce rate that is climbing above and beyond half our population here in the United States. Yet those able to take advantage of it, heterosexual couples, do. Not all but again more than half.

So if anti-gay marriage groups are trying to protect the sanctity of marriage why are they not stopping all heterosexuals from divorce? Or how about outlawing cheating on a spouse? No, the gays that are married now haven't been in the news for ruining marriage. But Larry King and the late Elizabeth Taylor (God rest her soul) were all over the news for their latest of multiple marriages and divorces.

All I'm saying is this Prop H8 is only out to do one thing and one thing only and trust it is not save the "sanctity" of marriage. It is to discriminate against homosexuals, to try and reduce their stature to that of a second class citizen. It isn't to protect families (remember 2/3 of divorces have children that are minors), it certainly isn't to reduce the rate of divorce either. Yet here we are battling to have the same rights as everyone else? I thought we were all to be granted the same rights and liberties as the next, is that not what our founding fathers wanted?

Supreme Court Rules Prop 8 Proponents DO Have Standing

Today the U.S. Supreme Court ruled in favor of Prop 8 proponents allowing them standing in the Prop 8 case. So its back to the Ninth Circuit for a speedy ruling.

So, basically some random ass prejudice website can be the voice of the people without being elected into office. Keep in mind though, Judge Vaughn Walker originally granted a stay so they could defend their law. I believe this is why the Supreme Court allowed them standing.

However, this ruling isn't just in the proponents favor, it is in the plaintiffs' favor as well. If you watched the original arguments in the Ninth Circuit before the three judge panel, you would have seen the proponents of Prop 8 fail to state their case. Hence why they tried to have District Judge Vaughn Walker's original ruling that stated Prop 8 as unconstitutional vacated. This was one of many appeals to come through out the case. They tried and they failed when Judge James Ware denied their motion to vacate the original ruling in (then) Perry vs. Schwarzenegger.

So now, we wait on the Ninth Circuit Court of Appeals. Being that the proponents of Prop 8 failed to present any credible evidence to justify the discriminatory anti-gay marriage laws, the Ninth Circuit decision can set a huge precedent. The original District court decision has greatly impacted Americans. Now and since the original ruling, seven national polls show majority of Americans support gay marriage, and that support continues to grow with the advancement of the Prop 8 case.

Keep in mind this is going back to the Ninth Circuit, it isn't over yet. This has the potential to amplify the reach to the ultimate goal. The Ninth Circuit is the nation's largest appellate court, it consists of the entire west coast and stretches as far east as Montana and Arizona. This is a very essential and critical step towards bringing this case before the U.S. Supreme Court and reach the ultimate goal:

FULL FEDERAL MARRIAGE EQUALITY!

That's NATION WIDE ladies and gentlemen.

If you are confused as to how our loss is also a victory please read my post explaining this whole process: Should U.S. Supreme Court Allow Prop H8 Proponents Standing?

This Movement, is Moving Forward.

As we sit and wait for the Supreme Court to rule on the standing of the Prop 8 proponents, the fight goes on. The plaintiffs in Perry v. Brown have filed a brief defending and encouraging the rights of the people to view the tapes from the original Prop 8 trial.

The video was released by Judge James Ware, Judge Vaughn Walker's successor, when the sealing of the recordings were in question by the proponents of Prop 8 and of course the proponents of Prop 8 appealed Judge Ware's ruling. I'm seeing a pattern here, the proponents of Prop 8 appeal anything that doesn't go there way, which has been every ruling so far. Can't wait to see the look on their faces when they run out of stuff to appeal and lose. Let's not forget the question still remains... Do the proponents of Prop 8 have the right to appeal Judge Vaughn Walker's original ruling of Prop 8 being unconstitutional, and in direct violation of due process and equal protection? The answer to this will be revealed on or by Dec. 6th, 2011.

Plaintiffs explained in their brief, "Proponents have provided no justification--compelling or otherwise--for continued concealment of the trial recording, which truly and accurately depicts the events that took place in the district court in full public view. The First Amendment and settled common law principles guarantee the public the right to watch the trial video in this case and to evaluate the evidence, arguments, and outcomes for itself."

"The brief is urging the 9th Circuit Court of Appeals to affirm the district courts decision granting plaintiffs' motion to unseal the digital recording of the trial." - Windy City Media Group

So more of a waiting game, more of a pushing match. When will these proponents give up, I'm guessing never. Mainly because we all know that hate is taught and hate also festers inside someone until they explode of it... Proponents of Prop 8 are just at the point of their hate seeping out of them, I'm waiting for them to erupt. It will be comical.

Jon Scott Wont Stop is now GLOBAL!

Well truth is this blog has been global for quite sometime, here are some of the countries that have been following marriage equality....

• United States
• Germany
• Netherlands
• Canada
• United Kingdom
• Russia
• Latvia
• Armenia
• Bangladesh
• Australia
• Belgium
• Israel
• Mexico
• Malaysia
• Pakistan
• Italy
• Ireland
• Bermuda
• Japan

So thank you to all the readers everywhere... I really appreciate the following. Also please remember to subscribe to my posts, and be sure to follow me on twitter @jonscottwntstop for updates and links to other articles and blog postings that will help you get involved and make a difference in the movement called Marriage Equality.

Marriage Equality Washington State

Help Make Marriage Equality a Reality in Washington State

This post comes from Lacey All, one of HRC’s Foundation and National Board Directors from Seattle, WA:

Yesterday, the Human Rights Campaign joined local coalition members in announcing Washington United for Marriage, a vast coalition of local organizations, congregations, unions and businesses working together to secure civil marriage for loving, committed gay and lesbian couples in 2012.

HRC is a proud founding member of Washington United, and we look forward to securing marriage in Washington in the coming months.

Our organizers are on the ground across the state, holding a series of community meetings on marriage equality to help Washingtonians make the case that marriage equality is the right thing to do. From Spokane to Gig Harbor, Vancouver to Bellingham, Washingtonians are making their voices heard.

Find a community meeting in your area now! By Visiting HRC and getting involved!

One Step Closer to Bye-Bye DOMA

Senator Dianne Feinstein (D) won a 10-8 party-line vote for passage through the Senate Judiciary Committee taking her Respect for Marriage Act bill to repeal DOMA (Defense of Marriage Act) one step closer to victory in what she refers to as the "big march". The bill is now to face opposing Republicans who have said that DOMA "is not about discrimation against anyone."

WAIT A MINUTE TIME OUT: you mean defining a word and using that to withhold the rights from a group of tax paying American's for no other reason than feeling heterosexuality is superior to homosexuality based on YOUR religious beliefs as a fundamentalist Christian, all while denying that other denominations of Christianity such as Presbyterian, don't believe in discriminating against LGBT community isn't discrimination? PLEASE THEN TELL ME HOW YOU FUNDAMENTALIST AND BIGOTS DEFINE DISCRIMINATION? LETS NOT FORGET THAT WE THE PEOPLE also ENACTED SEPARATION OF CHURCH AND STATE.

Back to the repeal...

Early this year President Obama and the Justice Department declared DOMA as unconstitutional and they will not defend. Obama later going to an HRC dinner where he encouraged all American's to fight DOMA and Discrimination against LGBT and all others. See

President Obama Addresses the 15th Annual HRC National Dinner

for that video.

In case you are not on the up-and-up. DOMA or Defense of Marriage Act is a law created in 1996 that defines Marriage as between one man and one woman (because that's what the bible says, yet the bible also says that to remarry, ones spouse or ex spouse must die and then you may remarry... their next available sibling only. Oh and lets not forget Separation of Church and State). This definition excludes LGBT people from the rights to marry as well as other federal benefits that include Immigration, Social Security, Tax, and 1100+ rights/federal preferences associated with marriage.

Reading an article by Carolyn Lochhead, Chronical Washington Bureau @www.SFGate.com, Feinstein was quoted saying...

"Some bills go fast, some go slow," Feinstein said of her repeal measure. "What's important to me is the march." Feinstein said she expects the Supreme Court to weigh in as well. Her bill, the Respect for Marriage Act, offers a parallel legislative effort.

"Whether it comes up this year, next year, the year after, the year after that, we are ready," Feinstein said.

Also...

Today HRC released a letter to Senate Judiciary Committee members from a bipartisan group of governors and mayors in marriage equality states calling for repeal of the discriminatory Defense of Marriage Act (DOMA). The letter was sent the day before the committee is expected to markup the Respect for Marriage Act (RMA) – the bill to repeal DOMA and end federal marriage discrimination.

Signatories to the letter include: Gov. Andrew Cuomo of New York; Gov. Lincoln Chafee of Rhode Island; Gov. Dannel Malloy of Connecticut; Gov. Martin O’Malley of Maryland; Gov. Deval Patrick of Massachusetts; Gov.Peter Shumlin of Vermont; Mayor Michael Bloomberg of New York, NY; Mayor John DeStefano, Jr. of New Haven, CT; Mayor Bill Finch of Bridgeport, CT; Mayor Vincent C. Grayof Washington, DC; Mayor Edwin Lee of San Francisco, CA; Mayor Thomas Menino of Boston, MA; Mayor Jerry Sanders of San Diego, CA; Mayor Pedro E. Segarra of Hartford, CT; and Mayor Antonio Villaraigosa of Los Angeles, CA. California Gov. Jerry Brown – whose state recognizes a limited amount of same-sex couples married before the passage of Prop 8 – submitted a separate letter to the committee in support of the RMA.

As the Governors and Mayors write in the letter, “[t]he federal government should not be in the business of picking which marriages it likes and which it does not, but that is exactly what DOMA does. We urge you to pass the Respect for Marriage Act and ensure that all families are afforded equal protections and equal dignity.”

As part of the Americans for Marriage Equality campaign, the Human Rights Campaign has been executing a multi-pronged strategy to win a successful committee vote on the RMA including lobbying members and working with our allies to prepare for attacks against the bill. In addition to the letter, HRC today delivered 135,000 petition signatures to Senate offices showing the groundswell of public support for repeal of DOMA. 51 percent of voters oppose DOMA while only 34 percent favor it, according to a March 2011 poll by HRC and Greenberg Quinlan Rosner Research.

So what do I think?

I think that when DOMA was enacted (1996), it was done in ignorance. Gay wasn't an openly talked about subject then, the way it is now. Since so many have been educated away from the stereotypes that intolerance poisons our society with, the acceptance of Gay marriage has grown to Majority of The People, that's right the majority of AMERICANS are in favor of Gay marriage. (See previous blog postings for that information).

I also find it interesting when the idea of repealing DOMA was brought forth. Both President Clinton (who enacted the bill) and its Author both said that it has done nothing and will continue to do nothing for this country (I'm paraphrasing that, basically they are in favor of the repeal).

I also think that a group of LGBT American's should sue the government for not abiding by separation of Church and State, using DOMA as proof. Because if they want to bring the dictionary into what marriage is defined as, its not just between a man and a woman. So where did they get their definition. Also for those whose religion is not what this law was found on, how is the non-separation of church and state not effecting their Constitutional Right (1st Amendment) to freedom of religion. What if a religion believes gay marriage is okay? You're going to step on their toes as well.

Look, this country is ran by those close-minded, intolerant son's of bitches who would rather avoid bruising their ego than allowing LGBT community the same rights as everyone else. Wait, our country isn't doing so well financially is it? Isn't it run by these "all knowing" fundamentalist Republican's (not all Republican's the fundamentalist ones). I also find it hilarious that Fundamentalists believe that they should be the only American's entitled to the 1st Amendment rights ensured by our Constitution.