What can we do about Prop 8 now?

March 23, 2011 at 2:01 pm 34 comments

By Adam Bink

As I wrote earlier today, the 9th Circuit decided to not lift the stay on Judge Walker’s ruling that Prop 8 is unconstitutional.

In times like this, it can sometimes feel like things are a bit out of our hands; that the courts will move on their own time, and even when they do, the lawyers are the ones in the ballgame and the rest of us are just watching. I’ll be honest with you — I started out that way when the trial started in January 2010, observing, but thinking that it’s all in this shell I can’t touch.

At Courage Campaign, its our central organizing mantra on this issue to find ways to make sure that’s not the case. Through stories like that of Ed and Derence and the 430 other stories many of you submitted; through talking to our friends, family members and colleagues; and many other ways. Ed and Derence’s story was featured in The Washington Post and many, many other sites. Maybe Justice Kennedy saw it. That might have moved him.

Today felt like one of those days where it may feel like we’re just sitting until September, when the CA Supreme Court decides to consider the standing issue. But we’re not.

Below is an e-mail we just deployed to our members explaining what they, and you, can do right now. You can click here to contribute (tax deductibly) $9, one dollar for each month it will take until the CA Supreme Court is expected to rule. You can join our campaign to repeal DOMA, so that the CA couples who are married, and others in other states, can have full federal rights. And you can submit your story and photo of why you can’t wait- whether you’re straight or LGBT.

Whether you take one action or all of them, know that our work cannot, does not, stop until September. We want to move things to a place so that when the courts come back later this year, they’ll see what we see: that all are created equal.

———- Forwarded message ———-
From: Rick Jacobs, Courage Campaign
Date: Wed, Mar 23, 2011 at 4:43 PM
Subject: The 9th Circuit just ruled on Prop 8. What can you do?
To: Adam Bink

Courage Campaign
Dear Adam, 

Let me be blunt. The 9th Circuit just decided to NOT lift the stay on Judge Walker’s ruling that Prop. 8 is unconstitutional. That’s a death sentence for at least some couples. The poignant video testimony of two Courage members, Ed and Derence of Palm Springs, a couple that has been together for 40 years, demonstrates that lives are in the balance. Ed suffers from advancing Alzheimer’s. The California Supreme Court and now the 9th Circuit have decided to make Ed and Derence wait at least 9 more months before they might enjoy the fundamental right to marry. By then, it might not matter anymore.

Together, we have to work to assure there won’t be more Ed and Derences. So here are 3 things you can do right now:

1.     You can click here to contribute $9 – one dollar for each month it’s expected to take until the CA Supreme Court rules on the “standing” issue. We’ll use your tax-deductible contribution to make sure no more courts ignore couples like Ed and Derence through advertising, events, and on-the-ground organizing.

2.     You can click here to join the 48,958 people who signed up for our campaign with Sen. Feinstein and Rep. Nadler to repeal DOMA, so that for couples who are married in California, and can marry elsewhere, they can get the 1,100+ federal rights they deserve, no matter where they live.

3.     You can click here to tell the 9th Circuit: You Can’t Stay Our Love. Take a photo of you and your loved one holding a homemade sign that says “Can’t Stay Our Love”. Then, if you’re straight, tell us your story of how you’d feel if you had to sit in a waiting room to get married with no end in sight. If you’re LGBT, tell us why you can’t wait. Ed and Derence sent in their story the last time we asked, and it went viral on The Washington Post, The Advocate, and dozens of blogs. Yours could be the next.

Courage will increase public awareness so that future rulings do not confuse dry, legal prose with life itself. We will never stop fighting. Please keep fighting with us by taking one, or all, of the actions above.

Standing with you,

Rick Jacobs

Chair and Founder, Courage Campaign

Entry filed under: Prop 8 trial.

BREAKING: 9th Circuit denies motion to lift stay on Judge Walker’s Prop 8 ruling Rep. Patrick Murphy and his request

34 Comments Add your own

  • 1. Kathleen  |  March 23, 2011 at 2:09 pm

    • 2. Straight for Equality  |  March 23, 2011 at 2:23 pm

      • 3. JonT  |  March 23, 2011 at 4:22 pm

        • 4. Ronnie  |  March 23, 2011 at 4:27 pm


  • 5. DaveP  |  March 23, 2011 at 2:32 pm

    Someone mentioned this in the previous thread and I think it’s worth repeating – and maybe it could use a boost and gets it’s own thread….

    Britney Spears will be performing a concert the Sunday in the Castro, right in front of the Castro Theater. There will be huge press and TV coverage.

    We need to take the opportunity to get very vocal and visible about this latest turn of events, and about marriage inequality in general. Spread the word. Everyone there should be protesting and showing their anger for the media. Stand up and speak up for your rights, dammit.

    • 6. Fluffyskunk  |  March 23, 2011 at 3:58 pm

      I swear to God I don’t understand the celebrity gossip on this site. A woman named Britney Spears performing in a place called the Castro? Good for her, but what does that have to do with the Prop 8 trial? Can someone explain to me why I’m supposed to give a rodent’s posterior about Britney Spears, Lady Goo-Goo or the late Elizabeth Taylor? I want to know who elected these clowns to represent me and my spouse? Oh, that’s right, they don’t!

      • 7. Judy  |  March 23, 2011 at 4:04 pm

        Ah, fluffyskunk, if you knew about the Castro district in San Francisco it might all make sense to you. It’s the hotbed of gay/lesbian activity in California.

        I like the sign suggestion, “You can’t STAY my LOVE”.

        • 8. Fluffyskunk  |  March 23, 2011 at 4:13 pm

          Yes, I do know about the place. I used a rhetorical device called “sarcasm” to make my point.

          • 9. Joel  |  March 23, 2011 at 7:20 pm

            Which was what?

            Certainly you are not denying or degrading the effort of international celebrities to bring our fight to the forefront of the American consciousness?

            I find some of these celebs as ridiculous as you do, Britney being one the most obvious, but you simply can’t deny that they are in the spotlight, and very vocal about their support for our cause. They are in the public eye, you are not. What’s your beef?

      • 10. Canadian JAG Officer  |  March 23, 2011 at 4:14 pm

        Well they are high profile individuals that a wide reach to many people and they help spread the same message that I (I wont go so far as to say we and assume what message you are trying to promote) am trying to spread.
        At the forefront of many movements you need people that are accepted by society and have a strong voice to help draw attention to an issue that otherwise would go unnoticed by the media and the general community.

        That doesnt mean you have to like these people or take part but to not acknowledge what they have done (Elizabeth Taylor took a lot of heat for her stance on AIDS early on and she brought huge money and attention to the issue) I think that you might care more if Britney Spears used her platform to condemn same sex marriage (not that she would have much credibility… but luckily the right do not have a darling that appeals to youth spreading an opposing message)

        And Dave’s post was not mere celebrity gossip it was about a specific performance happening in the Castro and it happens to be following the 9th circuits decision… the media WILL be there, why not use it to get the message out?

        • 11. Fluffyskunk  |  March 23, 2011 at 5:24 pm

          No, I don’t think I would. She’d still be an entertainer. Whatever “message” her producers have invented for her would still be just as irrelevant.

          I just don’t want these autotuned plastic surgery freakshows with their prenups and annullments representing me. I’d much rather be represented by normal people who work for a living and are capable of staying married to the same person for more than 55 hours.

          • 12. Mark M (Seattle)  |  March 23, 2011 at 5:55 pm

            “Normal’ people? Those are words used against the LGBT community quite often by those who consider themselves better than others.
            Celebrities have always been allies of the LGBT community and I hope will continue to do so.
            Without celebrity influence (Rob Reiner) we wouldn’t even have a P8 case of the magnitude we do….no Olson and Boies for sure.

          • 13. Joel  |  March 23, 2011 at 7:33 pm

            Exactly what do you mean by “normal?” What an insulting idea! Your judgmental attitude about what’s “normal” is no better than that of our enemies. Shame on you.

            There IS a concert in the Castro, Britney Spears IS performing, she DOES have huge fan base among the LGBT community. The Castro IS in San Francisco, which is in the heart of the city in which this drama is taking place.

            I’ve got news for you; NO ONE in this country gives a royal rodent’s rear about Joe and Steve, or Lisa and Jill taking a public stance, except those of us on these websites. We NEED the power and exposure that is only available to us through those that the Amercan Public has deemed royalty. You may not like Britney as a performer, but if you are denying that she can do anything to help us, or Lady Gaga, or Barbra Streisand, or Elizabeth Taylor, G-d rest her soul, then you are just sticking your head in some pretty judgmental and deep sand.

      • 14. Mark M (Seattle)  |  March 23, 2011 at 4:35 pm

        Exposure of our fight by people in the public eye is a very valuable asset.
        I am sorry you don’t see that.
        Why so angry?

      • 15. Straight Ally #3008  |  March 23, 2011 at 5:05 pm

        I’d be willing to bet thousands of Lady Gaga fans didn’t even know who their U.S. Senator was before she asked them to support DADT repeal. It’s good to have influential allies.

        • 16. adambink  |  March 23, 2011 at 7:09 pm

          A very good point.

      • 17. DaveP  |  March 23, 2011 at 7:14 pm

        Hi Fluffyskunk,

        I think you may have misunderstood the post. I don’t give a hoot about Britney Spears. But there are going to be about ten thousand LGBT people at the event and THEY have the opportunity to get a lot of coverage on the news IF they decide to do something newsworthy in front of the cameras.

        If there were ten thousand gays attending a Metallica concert in front of Mount Rushmore I would have made the same suggestion. Any time a bunch of LGBTs are going to be in a big crowd with access to mass media, we need to take the opportunity to speak up!

        • 18. DaveP  |  March 23, 2011 at 7:17 pm

          …. and frankly, I would far rather be at the Metallica show. I’m a metal head from waaay back. I can’t stand Britney Spears. There. I said it!

          • 19. Fluffyskunk  |  March 23, 2011 at 7:33 pm

            Heh, now that I can respect. Sorry about the misunderstanding there. \m/

          • 20. DaveP  |  March 24, 2011 at 9:43 am

            ……aaaaand now it’s all moot. The Britney Spears concert has just been moved. It was going to be in the middle of the street in front of the Castro Theater, which would have been a huge media zoo, but now it’s moved to a regular old auditorium downtown, near City Hall. They are citing weather as the reason. I’m sure it will still be well attended, but I don’t think it’s going to be of much interest to the media now. Nevermind.

    • 21. Bob  |  March 23, 2011 at 4:37 pm

      you can take it sitting down, or standing up,,, but we’re taking it…..

      I’m in favor of standing up,,, getting loud,,, being visible,,,,, yes for any action to display outrage, at injustice,,,,,

    • 22. dieZiege  |  March 24, 2011 at 12:02 am

      I understand why you’d choose this venue, but ‘the media’ isn’t going to give a shit about a bunch of gay people at a Britney Spears concert with everything that’s going on around the world right now. And besides, it isn’t the media or the general populace that are dragging their feet and don’t seem to understand what expedite means. You really ought to be organizing a protest outside the California Supreme Court. Make them look you in the eye and tell you they need to take a vacation before they can think about deciding if they can consider maybe giving you your rights.

      I use “you” instead of “we” only because I’m way too far away to participate in such a demonstration.

  • 23. Sagesse  |  March 23, 2011 at 4:20 pm

    Signing up.

  • 24. Kathleen  |  March 23, 2011 at 4:25 pm

    Legislation Streamlining Process for Transgender Californians to Obtain an Updated Birth Certificates Advances


  • 25. paul  |  March 23, 2011 at 5:59 pm

    Fluffy…life is short…lighten up. We need all the help we can get, in whatever shape it comes in…and I’m thankful for all the celebrities that take a position on this. And…Brittany’s crowd would make a nice big audience for us to tap into. That’s the point Fluffy…take a happy pill.

  • 26. Richard A. Jernigan  |  March 23, 2011 at 6:46 pm

    I will get our story together and try to get BZ to sit down long enough to get a current photo of us, and possibly a video, for this.

  • 27. AB  |  March 23, 2011 at 9:41 pm

    This may have been addressed, but I’d like to know: is it possible to appeal this decision? Is that likely given how Cooper and Co likes to say that if gays and lesbians were so harmed we’d appeal more adverse decisions? Would it be a good idea?
    (I think this might be a Kathleen question.)

    • 28. Tasty Salamanders  |  March 23, 2011 at 10:41 pm

      They can always appeal further up so I guess they could try SCOTUS.

  • 29. Don in Texas  |  March 24, 2011 at 12:11 am

    Poll: 43% of Catholics favor allowing gays and lesbians to get married.

  • 30. Scott  |  March 24, 2011 at 4:45 am

    Check out the NYTimes editorial today on “Real Family Values”…

  • 31. Richard A. Jernigan  |  March 24, 2011 at 4:47 am

    Slightly OT, but I thought everyone here would like to see the editorial I saw in this morning’s Fayetteville (NC) Observer by Leonard PItts of The Miami Herald.


    In the the Fayetteville Observer, it was retitled “Rights NOt Subject to Your Approval”

  • 32. Peterplumber  |  March 24, 2011 at 6:12 am

    WOW, I found this article about the California supreme Court and their backlog. this was written in 2007, so keep that in mind when you see dates in the article.

    My hopes are dimming….

    The justices of the California Supreme Court left for their summer recess knowing they will return to a full plate in the upcoming term, with cases on the docket serving up a number of contentious issues: a sentencing crisis, gay marriage, the reach of the state’s Unfair Competition Law, a $500 million judgment against Genentech, and a huge death penalty backlog.

    As the cases stack up, the waiting time for oral argument is growing. There will be 140 fully briefed cases awaiting oral argument when the court returns to the bench next month, 69 of them death cases—one of which has been fully briefed for seven years. And the Genentech case was fully briefed in December 2005.

    But few people are complaining about the delays—certainly not the death row inmates; with a 95 percent chance of losing, they’re in no rush to have their cases heard. And for appellate lawyers, if the choice is between the court taking fewer cases or waiting two or three years for argument, most would prefer the wait. The court now agrees to hear only 3.75 percent of the petitions it receives, and no one wants to see that number reduced to speed up the process.

    In a case where the delay is likely to have an impact on many other cases or to harm someone, such as in family law or election disputes, the court is willing to move the matter to the front of the line. But in general once the briefs are filed, a two-year wait has become routine, often requiring supplemental briefings when the case is finally heard.


  • 33. Ronnie  |  March 24, 2011 at 6:53 am

    Dan Savage & his husband, Terry Miller, launched the “It Gets Better” Book at Barnes & Noble in NYC last night. All proceeds from the book are going to be donated to LGBT youth charities. Here is a clip of Dan on the Gayle King Show talking about the book……<3…Ronnie:

    • 34. Ronnie  |  March 24, 2011 at 6:59 am

      And here is a YouTuber who video recorded the “It Gets Better” book launch at Barnes & Noble in NYC last night…..<3…Ronnie:


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