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Who's in Charge?

I guess while the GOP sorts that out, some of us have to ask the same question about ourselves.

How Soon Can We Get Our Rights Back?

It's hard to tell in California. Let's hope the court starts thinking more about doing the right thing.

Day of Justice

Find more photos like this on Orange County Equality Coalition


Today is the day I've been waiting for quite some time. The California Supreme Court hears oral arguments on the lawsuits that will force the judges to decide whether it's OK to treat millions of people, people like me, as "second-class citizens" simply because of who we love. Can this possibly be allowed? I hope not, and I renew my vow today to work my hardest to ensure it's not allowed.

So what's at stake today? Here's an idea.



OK, so that's the human element... But what about the legality? It's not as "cut and dry" simple as the pro-H8 forces want us to believe. Believe it or not, the judges must ultimately decide on their own relevance. Does the court's interpretation of the constitution still matter?

What’s really at stake in the Prop 8 case – and what will probably be the real deciding factor in the California Supreme Court’s decision – is the power and prestige of the California Supreme Court itself.

Prop 8 aims to overturn the California Supreme Court’s 5-4 decision in The Marriage Cases (2008), where the Court held that “the substantive right of two adults who share a loving relationship to join together to establish an officially recognized family of their own — and, if the couple chooses, to raise children within that family — constitutes a vitally important attribute of the fundamental interest in liberty and personal autonomy that the California Constitution secures to all persons for the benefit of both the individual and society,” and that “in view of the substance and significance of the fundamental constitutional right to form a family relationship, the California Constitution properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples.”

If this decision of the California Supreme Court, based on what it described as a “fundamental constitutional right,” can be overturned by a simple majority of voters in a ballot proposition, then the purportedly “fundamental” state constitution carries no more weight than a simple statute — and arguably even less weight, since a statute requires either the approval of a majority of the legislature and the signature of the governor or a two-thirds vote of the legislature.

And since appellate judges see themselves first and foremost as guardians of the constitution, if the constitution is diminished, then the judges are correspondingly diminished as well.

And this is what scares me the most about Prop H8 if it were left to stand! It could very well undo all of California's pioneering ventures to advance civil rights simply because any electoral majority can vote away any "protected" minority group's rights. It could very well reduce the value of our state's constitution to nothing more than scrap paper worth trashing. It could very well undermine the importance and the independence of the judiciary system by refusing to let them do the job they're supposed to do in interpreting the constitution!

This is what should scare all of us today, scare us all into action. Do we want the nation's most populous state reduced to ridicule? Do we want to see people's fundamental rights stripped because of certain churches' religious doctrines? Do we really want a "tyranny of the (bare) majority" where a 52% election win can render the entire judiciary meaningless?

This is what keeps me going. I just can't imagine this happening. And frankly, I don't want to.

LGBT families deserve better. All people who've had to endure unjust discrimination deserve better. And ultimately, all Californians deserve better. Hell, all Americans deserve better!

But as I've said before, this matter doesn't end once a decision is announced. If the court allows H8 to stand, we have no other choice but to go back to the ballot to win back our equal rights. But if the court does the right thing and overturns H8, we must be vigilant in defending them from the coming radical right attacks and ultimately stopping the radical right from playing any more political games with our lives.

After all, these people hurt by H8 deserve their day of justice.



Ultimately, we all need our day of justice. Let's hope we see it coming today.

I'm Sorry, Rush! I Really Am, Your Majesty!

This is so fun it can become addicting! Look at the apology to El Rushbo that I just "uncovered"!

Dear Rush,

I’m so sorry that I called you an opportunistic brick thrower. My comments were inarticulate. What I meant to say is that you are thought provoking. Yeah, sometimes I say words that I’m not thinking. Everyone knows we Republicans like to say one thing and do another, right?

You and I both know that in reality, you simply want President Obama to fail in this time of economic collapse. How can I disagree with that? Please accept my sincere apologies, oh great leader of the Republican Party. Can’t wait to be on your show soon! XOXO

Sincerely,

Republican Congressman Phil Gingrey

P.S. Please forgive me so I can be your BFF forever again! You know you're my first love, Dear Leader. Oh, and this is a manly kind of love... I'd never suggest you were homosexual. How dare the info- babes not want to date you!

Come on, now. You know you want to try it yourself. ;-)

Who's Sorry Now?

How pathetic.

While the Rush wave continues, Rasmussen has a poll out describing where Rush stands in it all. The bottom line is that while Rush leads, with no modern leader around anywhere, Republicans today are looking backwards to Ronald Reagan and 1980’s. Someone needs to tell them it’s the modern era. But also that the current financial implosion has at its foundation in Reagan’s deregulation. Who’s going to break the news on that one?

But the question now is who will be the next to step in it and offend the Republicans’ Dear Leader? It can be you. It’s easy. Join in. Even Rush links it up today.

So will anyone prominent in the GOP dare stand up to El Rushbo? I doubt it.

What's So Bad About Choice?

Why is choice so scary? That's what I want to know.

Real Bankruptcy Reform

Wow. Real help for real people? Who would have thought?!

NBC-WSJ Sez: Vindication?

The new NBC-Wall Street Journal Poll is out, and President Obama has some good news today.

President Obama's Job Rating:
60% Approve
26% Disapprove

Who's Been More Bipartisan:
48% Democrats
20% Republicans
26% Neither

Should Government Intervene:
51% More
40% Less

Are You Willing to Pay More Taxes for Universal Health Care:
49% Yes
45% No

Oops. So perhaps America doesn't want "The Rush Limbaugh Plan" to ruin this nation even more than the Bush-Cheney crew did?

No Mo' "Legalized" Discrimination?

Perhaps. We'll see what happens in the House in the coming weeks.

Equilibrium?

Yes, that's what we're looking for in the Middle East.

Snuggie Madness

I know this isn't political, but it's my birthday tomorrow and I can do whatever I want. Besides, it's all Pam's fault! ;-)

No Strings Attached?

Really? Jeez. I guess we the people are suckers.

My Birthday Wish

In case you didn't know, my birthday is tomorrow. Yay. When I was little, I'd always be excited about a day full of celebration, gifts, and sheer bliss. Now, I just notice myself getting older... And hopefully a little wiser with each passing year.

I guess one reason why I haven't been excited about my upcoming birthday is that I have far too much on my mind to be caught up in any self-celebration. I have personal and family issues to deal with. I have to think about how President Obama's economic recovery package will affect my family and how to take advantage of that. Oh yes, and there's that other issue... The issue of my own civil rights.

Yes, that's right. The oral arguments for the Prop H8 lawsuits are this Thursday, just two days after my birthday. Strange timing, isn't it? Can it be a good sign of what's to come? I hope so. But whatever happens in court, we need to be ready to keep working.

If the court upholds H8, we can't just walk away in sorrow. We must work our hardest to win back our civil rights. The vote last November was close, so all we need to do is gain 4% to literally reverse the results and win 52% for marriage equality in California. And with all the new enthusiasm building up in the LGBT rights movement, I know we can channel all this good energy into a winning campaign.

But of course, I'm personally hoping that the California Supreme Court pays attention to what our side's lawyers say and finds that Prop H8 truly is unfair, unconstitutional, and a dangerous precedent that could undo all the advances made in civil rights for LGBT people, ethnic minorities, religious minorities, disabled people, and women if allowed to stand. And while there isn't direct precedent in the court overturning this exact type of initiative, they have in the past overturned other "constitutional amendments" that they've found to be in direct contradiction of the state constitution's guarantee of equal rights for all. So really, we're not hopeless this week.

But again, we need to be prepared to keep going regardless of how the court decides. If the justices punt this issue back to the voters, we need to make our large minority for equal marriage rights into a real voting majority. If they decide to undo the damage of H8, we need to reassure people that this is the proper role of the judiciary, to ensure that our highest expression of the will of the people, the constitution, is being protected.

So please, if you can, support the good people working hard to protect our constitutional rights. If you're in California, support Courage Campaign and their brand new Equality Hub that's here to help us organize for equal rights, as well as groups like Equality California that are working hard in the courtroom, in the capitol, and on the streets to fight for our rights. And no matter where you are in the nation, please support groups like NCLR and ACLU that are in the courts and on the ground across the nation to defend and protect our constitutional rights.

Yeah, yeah, my birthday is tomorrow. If you'd like to help me celebrate my big day, please do so by supporting the cause of equality for all. And even if you don't give a damn about my birthday, please support the cause nonetheless because it's the right thing to do.

We can't allow any of our citizens to be treated as "second-class" simply because of who they are. No matter their race, gender (including gender identity), religion, or sexual orientation, all our citizens should be treated equally under the law. So please help us take a major step in this direction by making victory happen in California... And making my birthday extra happy this year. Thanks.

Insanity We Can Believe In

You won't believe the crap Taylor Marsh saw at CPAC over the weekend. Here's a little taste...



Yuck. No wonder why the GOP is near collapse.