Prop 8 Proponents Move To Vacate Judge Vaughn Walker's Ruling Because He's Gay

They've been talking about it for weeks and today Prop 8's backers officially filed to vacate Judge Vaughn Walker's ruling overturning the ban of same-sex marriage in California. Because a gay judge cannot possibly be impartial about gay issues.

The sponsors of California's same-sex marriage ban said Monday that the recent disclosure by the federal judge who struck down Proposition 8 that he is in a long-term relationship with another man has given them new grounds to have his historic ruling overturned. Lawyers for the ban's backers filed a motion in San Francisco's U.S. District Court, arguing that Chief U.S. District Judge Vaughn Walker should have removed himself from the case or at least disclosed his relationship status because his "impartiality might reasonably be questioned." "Only if Chief Judge Walker had unequivocally disavowed any interest in marrying his partner could the parties and the public be confident that he did not have a direct personal interest in the outcome of the case," attorneys for the coalition of religious and conservative groups that put Proposition 8 on the November 2008 ballot wrote.

Lambda Legal's Jon Davidson reacts:

To say that Judge Walker's should have disclosed his ten-year relationship with another man or that it made him unfit to rule on Proposition 8 is like saying that a married heterosexual judge deciding an issue in a divorce proceeding has to disclose if he or she is having marital problems and might someday be affected by legal rulings in the case. Or that any judge who professes any religious faith is unable to rule on any question of religious liberty or, at a minimum, must disclose what his faith teaches. Much like a suggestion that a female judge could not preside over a case involving sexual harassment or an African American judge could not preside over a case involving race discrimination, Proposition 8's supporters improperly are suggesting that a judge will rule in favor of any litigant with whom he shares a personal characteristic.

American Foundation for Equal Rights reacts:

"This motion is yet another in a string of desperate and absurd motions by Prop 8 Proponents who refuse to accept the fact that the freedom to marry is a constitutional right. They're attempting to keep secret the video of the public trial and they're attacking the judge because they disagree with his decision. Clearly, the Proponents are grasping at straws because they have

NCLR's Shannon Minter reacts:

"This is a desperate and ill-advised move that underscores their inability to defend Prop 8 on the merits. This is not likely to win them any points with the courts, who understandably do not appreciate having the integrity of judges called into question based on such outrageous grounds. This is part and parcel of the underhanded way the Prop 8 campaign itself was run-based on lies, insinuations, and unsupported innuendo."

Release The Prop 8 Tapes!

The American Foundation for Equal Rights requests your signature on an open letter demanding the release of the Prop 8 trail videotapes, something NOM has been fighting for years. What are they so afraid of? I think you know.

Family Research Council Files FOIA Request Over DOMA/Prop 8 Connection

The Family Research Council is convinced that the Obama administration "conspired" with Ted Olson and AFER over the same-day timing of last week's announcements on DOMA and Proposition 8. Yesterday they filed a Freedom of Information Act request to prove it. Here's Tony Perkins' letter to the feds.

"Less than three hours after Attorney General Holder's announcement, litigants seeking to strike down California's traditional marriage definition enacted by Proposition 8 filed a 'Motion to Vacate Stay' in the U.S. Court of Appeals for the Ninth Circuit. On pages 7 of 23 and 10 of 23 the Motion cited to and quoted from the Attorney General Letter.

"As the president of the Family Research Council (FRC), an organization that has filed amicus briefs defending both Proposition 8 and DoMA, I am troubled by the lightning-fast integration of concepts and actual language from the Attorney General Letter into the Motion to Vacate Stay. Let me repeat: the Motion was filed within two-and-one-half hours of Attorney General's press conference. Consequently, I am deeply concerned that officials at the Department of Justice were collaborating with the litigants in the Proposition 8 case. Even the appearance of collusion between the Department of Justice and litigants is highly damaging to the rule of law in America."

CALIFORNIA: Prop 8 Plaintiffs Ask Court To Lift Stay On Same-Sex Marriage

The American Foundation for Equal Rights (AFER) has asked the Ninth Circuit Court of Appeals to lift their stay on the overturn of Proposition 8, saying any delay "can no longer be justified."

Here's a portion of their request:

Today, the American Foundation for Equal Rights (AFER) and its legal team — led by Theodore B. Olson and David Boies — filed a motion with the United States Court of Appeals for the Ninth Circuit asking that the Court immediately lift an order preventing gay and lesbian couples from marrying in California. That order, issued in August 2010, stayed the injunction issued by the U.S. District Court that barred further enforcement of Proposition 8. This comes on the heels of a request last Thursday by AFER to the California Supreme Court to expedite the hearing of questions relating to the standing of Proponents to maintain an appeal in federal court. AFER’s attorneys urged the California Supreme Court to hear arguments in May, rather than September.

“We are respectfully asking the Court to lift its stay on marriage for gay and lesbian couples because it has become apparent that the legal process is taking considerably longer than could reasonably have been anticipated,” said Theodore B. Olson, co-lead counsel for AFER. “It’s important to remember that the stay was originally ordered with the understanding that the Ninth Circuit would rule swiftly on the case before it. Now that the issue of the Proponents’ standing to appeal has been referred for analysis by the California Supreme Court, substantial additional, indefinite and unanticipated delays lie ahead. It’s unreasonable and decidedly unjust to expect California’s gay and lesbian couples to put their lives on hold and suffer daily discrimination as second class citizens while their U.S. District Court victory is debated further.”

NOTE: This move may not be related to today's news from AG Eric Holder as AFER yesterday announced that they'd have major news today.

Prop 8 Reactions

Lambda Legal

"Because the federal appeals judges said they need clarification, we look forward to a decision by the California Supreme Court confirming that initiative proponents lack legal standing to continue the Perry case. They are not law enforcers, and have the same limited rights as everyone else to litigate only when their own rights are at stake, not merely to assert their opinions about others' rights." Initiative proponents also cannot step into the shoes of the attorney general, the governor or other state officials. The reason for this is basic: the governor and attorney general are elected by the people to represent all the people, not just one point of view on one issue, out of countless, competing concerns. Most importantly, state officials swear an oath to uphold the federal and state constitutions, including their abiding promises of equal protection and due process for everyone. Initiative proponents take no such oath, and have no such duties.

AFER

“More than six months ago, the federal district court declared unequivocally that Prop. 8 is unconstitutional and that it causes grave harm to gay and lesbian couples and their families each day that it is in effect. We look forward to assisting the California Supreme Court reach an answer to the question before them so that the 9th Circuit Court of Appeals can affirm the district court’s ruling and end the state-sanctioned discrimination of Prop. 8. The American Foundation for Equal Rights is committed to achieving the freedom to marry for all Americans. We look forward to taking this case to the U.S. Supreme Court, which 14 times before has declared that marriage is a fundamental right for every American.”

NCLR

For same-sex couples waiting to marry, and for all LGBT Californians waiting to be treated as equal citizens, the knowledge that they must endure further delay is incredibly painful and frustrating. Prop 8 should never have been permitted on the ballot. The rights of a minority should never be put to a popular vote. Prop 8 was a toxic, anti-democratic measure that continues to wreak havoc in the lives of real people and families. The court should move as quickly as possible to resolve this issue. It is clear that California law does not give initiative proponents the power to override elected state officials who have decided not to appeal a federal court decision holding that a challenged state law is unconstitutional. The California Supreme Court should rule accordingly, and the Ninth Circuit should affirm Judge Walker's ruling. Prop 8 is blatantly unconstitutional, and it is past time for it to be gone.

Equality California

For same-sex couples waiting to marry, and for all LGBT Californians waiting to be treated as equal citizens, the knowledge that they must endure further delay is incredibly painful and frustrating. Prop 8 should never have been permitted on the ballot. The rights of a minority should never be put to a popular vote. Prop 8 was a toxic, anti-democratic measure that continues to wreak havoc in the lives of real people and families. The court should move as quickly as possible to resolve this issue. It is clear that California law does not give initiative proponents the power to override elected state officials who have decided not to appeal a federal court decision holding that a challenged state law is unconstitutional. The California Supreme Court should rule accordingly, and the Ninth Circuit should affirm Judge Walker's ruling. Prop 8 is blatantly unconstitutional, and it is past time for it to be gone.

Courage Campaign

“Today’s California Supreme Court ruling does not change the fact that a federal court has ruled Proposition 8 unconstitutional, but it does mean that thousands of loving LGBT families remain in legal limbo---unable to exercise their constitutional right to access the security and recognition that only comes with marriage. It is unfortunate that while many California families are able to marry at a time and place of their choosing, equally loving LGBT families must endure months and years of legal uncertainty. They have waited long enough. That is why we are asking the California Supreme Court to move expeditiously to resolve the standing question once and for all. And we are confident that no matter what their decision, Judge Walker’s ruling will ultimately be upheld and the days of second class citizenship for thousands of California families will be relegated to the dustbin of history.”

Red Carpet Interviews At AFER Event

Clip description via Karen Ocamb at LGBT POV:

Co-founded by actor/director Rob Reiner, AFER is leading the fight for marriage equality through it’s groundbreaking federal court case to overturn California’s Proposition 8. On the red carpet, AFER’s team and celebrities alike share their feelings on gay marriage with facts, personal experience and song. In attendance, Jason Mraz, Jane Lynch, Marisa Tomei, Adam Lambert, Yeardley Smith (voice of Lisa Simpson on The Simpsons), Bruce Vilanch, Rob Reiner, Attorney Ted Olsen and Plaintiffs Kris Perry and Sandy Stier, Paul Katami and Jeff Zarrillo.

HomoQuotable - Elton John

"I think I have it all. I have a wonderful career, a wonderful life. I have my health, I have a partner of 17 years, and now I have a son. I don't have everything because I don't have the respect of people like the church or like politicians who tell me that I'm not worthy, that I'm lesser because I'm gay, well FUCK YOU!" - Elton John, speaking after performing at an AFER fundraiser in Los Angeles. The event raised $3M for the overturn of Proposition 8.

AFER Explains Prop 8 Ruling

From this afternoon's conference call with LGBT media.