The fine folks behind Proposition 8 have filed a brief today asking the California Supreme Court to nullify the estimated 18,000 same-sex marriages that took place before the ban went into affect on November 5.
“Proposition 8’s brevity is matched by its clarity. There are no conditional clauses, exceptions, exemptions or exclusions,” reads the brief co-written by Pepperdine University law school dean Kenneth Starr, the former independent counsel who investigated President Bill Clinton.
Proposition 8’s supporters assert that the Supreme Court lacks the authority or historical precedent to throw out the amendment.
“For this court to rule otherwise would be to tear asunder a lavish body of jurisprudence,” the court papers state. “That body of decisional law commands judges — as servants of the people — to bow to the will of those whom they serve — even if the substantive result of what people have wrought in constitution-amending is deemed unenlightened.”
Attorney General Jerry Brown, will also submit a counter brief maintaining the gay marriage ban cannot be applied retroactively.
Hilary Rosen on Anderson Cooper 360 rose to our defense last night, succinctly and passionately describing the outrage of many in the LGBT community over Obama’s choice of Rick Warren to give the invocation for the inauguration.
Hillary Rosen: “First the glibness, that, well it’s just a bunch of gays being unhappy that people don’t agree with them, is wrong. You know, (at) one time the Bible was used to justify slavery. If this was a preacher, out there, using more weapons against African-Americans we wouldn’t even be having this conversation, so second of all, the fact that we’re even having a conversation, means that this is a mistake in choice. This is a day when people are to be brought together. There are hundreds of preachers across the country with stature and thoughtfulness and other ways to bring this country together on an inauguration day for the new president. That’s the choice he should have made.”
Watch the clip.
As expected, here is the defense circulated by the Obama campaign this morning:
“This will be the most open, accessible, and inclusive Inauguration in American history.
In keeping with the spirit of unity and common purpose this Inauguration will reflect, the President-elect and Vice President-elect have chosen some of the world’s most gifted artists and people with broad appeal to participate in the inaugural ceremonies.
Pastor Rick Warren has a long history of activism on behalf of the disadvantaged and the downtrodden. He’s devoted his life to performing good works for the poor and leads the evangelical movement in addressing the global HIV/AIDS crisis. In fact, the President-elect recently addressed Rick Warren’s Saddleback Civil Forum on Global Health to salute Warren’s leadership in the struggle against HIV/AIDS and pledge his support to the effort in the years ahead.
The President-elect disagrees with Pastor Warren on issues that affect the LGBT community. They disagree on other issues as well. But what’s important is that they agree on many issues vital to the pursuit of social justice, including poverty relief and moving toward a sustainable planet; and they share a commitment to renewing America’s promise by expanding opportunity at home and restoring our moral leadership abroad.
As he’s said again and again, the President-elect is committed to bringing together all sides of the faith discussion in search of common ground. That’s the only way we’ll be able to unite this country with the resolve and common purpose necessary to solve the challenges we face.
The Inauguration will also involve Reverend Joseph Lowery, who will be delivering the official benediction at the Inauguration. Reverend Lowery is a giant of the civil rights movement who boasts a proudly progressive record on LGBT issues. He has been a leader in the struggle for civil rights for all Americans, gay or straight.
And for the very first time, there will be a group representing the interests of LGBT Americans participating in the Inaugural Parade.”
And Obama’s response to the controversy this morning.
I suppose we should be thankful the inclusiveness doesn’t extend to Fred Phelps. Or David Duke.
I struggle desperately not to be a one issue voter, but like so many in the LGBT community, I am deeply disappointed by this choice, and at the expense of all the positives I have witnessed in the presidential transition thus far.
In what can only be called a calculated effort to reach across the aisle and placate the religious right, Obama has succeeded only in alienating some of his most fervent supporters, who have remained steadfast despite missing the “Hope Train” when Proposition 8 passed last month. Frankly, my wallet is still aching from all the contributions we made to the Obama campaign as well.
Unfortunately this isn’t the first time Obama has stepped in it. I gave Obama the benefit of the doubt the first time around, but don’t know if I can now. Not since Prop 8.
I’m sure many will argue that Barack Obama personally doesn’t support gay marriage in the first place, but nor does he think it’s appropriate to write discrimination into law. Constitutions enable rights, not redact them.
If it’s any consolation, there are some on the right who aren’t too happy with Pastor Warren either. Let them give him as much grief as we give Obama.
I’m reminded of a line from the Song “Down to Earth” by Peter Gabriel as I write this.
Do you feel you were tricked, by the future you picked?
San Francisco Archbishop George Niederauer has finally decided to speak out on his website, defending the church’s actions in helping pass Proposition 8, which denied marriage equality to all Californians, and placed marriages like ours in jeopardy.
“Religious leaders in America have the constitutional right to speak out on issues of public policy. Catholic bishops, specifically, also have a responsibility to teach the faith, and our beliefs about marriage and family are part of this faith.”
and…
“Members of churches who supported Proposition 8 sincerely believe that defining marriage as only between a man and a woman is one such issue. They see marriage and the family as the basic building blocks of human society, existing before government and not created by it. Marriage is for us the ideal relationship between a man and woman, in which, through their unique sexual complementarity, the spouses offer themselves to God as co-creators of new human persons, a father and mother giving them life and enabling them to thrive in the family setting.”
Bill May, Chairman for Catholics for the Common Good, who played a crucial role in getting Catholics behind Proposition 8, supported the Archbishop’s statement, which described “strong and legitimate reasons for supporting marriage between a man and a woman.”
May also went on to say that Niederauer “is a very loving person,” and “he expresses the teachings of the church in a very pastoral way. He is expressing the fundamental understanding of the Catholic Church that every human person has intrinsic dignity that must be respected.”
Except of course, when it comes to the intrinsic dignity and respect same-sex couples deserve.
Archbishop Niederauer who previously served as a Bishop in Salt Lake City, actively recruited the Mormon church to get involved in supporting Proposition 8 which would not have passed without their help.
In the video below the Archbishop enlightens us on the importance of marriage between one man, and one woman.
San Francisco Archbishop George Niederauer has finally decided to speak out on his website, defending the church’s actions in helping pass Proposition 8, which denied marriage equality to all Californians, and placed marriages like ours in jeopardy.
