Federal Prop 8 Trial Hub

Prop 8 from the Beginning: VIDEO


The American Foundation for Equal Rights has just put out this video chronicling the Proposition 8 case from its beginning.


The next possible day that the Supreme Court could rule on the marriage cases is this Monday. Find out where 'Day of Decision' rallies are happening around the country on this page.

Continue reading "Prop 8 from the Beginning: VIDEO" »

This Is What The Facebook Marriage Equality Map Looks Like

Facebook has released data for those red and pink social media pro-marriage equality profile pictures you've been seeing all week. CBS News reports:

"Facebook reported that by Tuesday, about 2.7 million people changed their profile picture at around the time the HRC began prompting supporters. That number is a 120 percent increase from the previous Tuesday. While it does not show that each person changed their picture to the pink-on-red equal sign, the trend suggests that a significant amount of users showed support for marriage equality. The data also suggests that those closest to 30 years old had the greatest amount of profile updates."

Relatedly, the Roman Catholic Archdiocese of San Francisco has created a few anti-marriage equality versions of the logo (one of which is 'man + woman = child') that it is encouraging people to share. You can sign a petition asking them to remove these inappropriate logos here.

Video: AFER's Inside Look At Prop 8 SCOTUS Case

The American Foundation for Equal Rights has released a poignant behind-the-scenes video about the days before and after the Supreme Court's hearing on the Prop 8 case. Among those interviewed in this clip are of the several plaintiffs and their families, David Boies, Cleve Jones as well as Dustin Lance Black, who ends the video with the following quote:

"We're not done in this movement for LGBT equality. Next is, let's get back to work and keep fighting to make sure the next generation's lives are better than ours."


Continue reading "Video: AFER's Inside Look At Prop 8 SCOTUS Case" »

Supreme Court Shuffle: Did Conservatives Grant the Prop 8 Case?

Adam Liptak at the NYT finds the "aha moment" in the Supreme Court's Prop. 8 transcript signaling who likely voted to take up the case, and proposes a theory about why it was taken and the exit points that may shuffle it back to California where the ruling striking it down would stand.

A_scaliaWrites Liptak:

After Justice Anthony M. Kennedy suggested that the court should dismiss the case, Justice Antonin Scalia tipped his hand.

“It’s too late for that now, isn’t it?” he said, a note of glee in his voice.

“We have crossed that river,” he said.

That was a signal that it was a conservative grant.

And how did that happen?

Justice Scalia, almost certainly joined by Justices Clarence Thomas and Samuel A. Alito Jr., apparently made a twofold calculation: that their odds of winning would not improve as same-sex marriage grows more popular and more commonplace, and that Justice Kennedy, who is likely to write the decision in the case concerning the 1996 law, would lock himself into rhetoric and logic that would compel him to vote for a constitutional right to same-sex marriage in a later case.

It is not that the conservatives felt certain they would win. It is that their chances would not improve in the years ahead.

That leaves the question of the fourth vote. The most likely answer is that it was that of Chief Justice John G. Roberts Jr., though he did not sound at all pleased on Tuesday to have the case before him.

There is also a chance that the fourth vote came from Justice Kennedy himself, and his very questioning provides support for that theory.

“I just wonder,” he said, sounding a little plaintive and a little angry, “if the case was properly granted.”

Who Wanted to Take the Case on Gay Marriage? Ask Scalia [nyt]

If you missed Ari Ezra Waldman's Prop 8 analysis from earlier in the week you can find it HERE (Part 1) and HERE (Part 2).

NBC's Pete Williams Says SCOTUS Not Ready to Issue 'Any Kind of Sweeping Ruling' on Gay Rights: VIDEO


NBC's Pete Williams, who was in the courtroom, tells Thomas Roberts that the Supreme Court is "not prepared to issue any kind of sweeping ruling about gay rights" and that it's likely they'll limit their ruling to California. He also notes that it's "risky" to make any kind of an assessment simply based on oral arguments.


Our legal expert Ari Ezra Waldman has posted his analysis of today's arguments. Read his take on their questioning of Prop 8 proponents HERE, and opponents (Ted Olson's argument) HERE.

And listen to the audio and read the transcripts of today's arguments HERE.

(via the new civil rights movement)

Continue reading "NBC's Pete Williams Says SCOTUS Not Ready to Issue 'Any Kind of Sweeping Ruling' on Gay Rights: VIDEO" »

Proposition 8 at the Supreme Court: Analysis of Today's Argument, Part 2


In Part II of Towleroad's summary and analysis of the Prop 8 oral argument, we pick up with Ted Olson's argument against Prop 8. Read Part One HERE.

And listen to audio and read the full transcript HERE.

OlsonHere's what we have discussed so far:

  • The justices are definitely interested in the standing question. The Chief Justice, though playing a gate-keeper role to make sure standing gets addressed, expressed skepticism. The key will be to see if he is playing the devil's advocate or expresses skepticism with Mr. Olson, too. But, in addition to the Chief Justice, Justice Ginsburg is highly skeptical. If we see more evidence of this below, look for lack of standing to be the odds-on favorite of many pundits. But, remember, there were lots of other questions on the merits from all the justices. That does not mean that they are going to pass by standing. Nor does it preclude a 9-0 opinion saying the Proponents had no standing.

  • Mr. Cooper was forced to admit that the only injury caused by allowing gays to marry would be redefining marriage, which is clearly not an injury whatsoever. He also admitted that gays simply do not advance the government's interest in encouraging natural procreation within wedlock (even though he's wrong about that), which proves that a ban on gays marrying cannot actually advance that interest, either. If it weren't for some help from Justice Scalia, this case would be over on this point alone.

  • Justice Kennedy showed that he, like many, are struggling with this issue. The addition of this relatively emotional admission (emotional, at least, by Supreme Court argument standards) is telling of his honesty and the reality that many people are going through right now. This may suggest that Justice Kennedy is going through his process, perhaps with a little help from everyone else along the way.

We pick up with Ted Olson's argument and see what lessons we can draw,

Continue reading "Proposition 8 at the Supreme Court: Analysis of Today's Argument, Part 2" »


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