Appeal of Prop 8 Ruling Set for Dec. 6

The appeal of the August ruling striking down California’s same-sex marriage ban, Proposition 8, is set for December 6, 2010.

Back in August of this year, US District Judge Vaughn R. Walker ruled that Prop 8 violated the US Constitution and ordered it overturned.  However, due to the certain appeal process, Judge Walker granted the defendants (Yes on 8 ) a stay of his ruling, meaning that Prop 8 is still the law of the land until the appeals process is over or his ruling is reversed by a higher court.  At trial, the justices will be hearing two arguments.

Standing

First, Yes on 8 will be arguing why they should be granted Article III standing to appeal Judge Walkers’ ruling.  This is probably the big issue that could end this legal fight right then and there.  Last year, the Judge walker allowed Yes on 8 to “intervene” in the Prop 8 trial when both Jerry Brown – currently CA’s Attorney General – and Governor Arnold Schwartzenneger said they would not defend Prop 8 in court.  This is no the same as being granted Article III standing.

EQCA Mum on Melanie Shelby

Equality California offers no comment on alleged relationship with former Prop 8 supporter and current Oakland City Council candidate, Melanie Shelby.

For some time I have been trying to research Melanie Shelby, candidate for Oakland City Council.  Since moving to Los Angeles to puruse my graduate education, I admit I have fallen behind.  But I haven’t forgotten.

Before I moved out of the Bay Area, I sent a request for clarification to the Melanie Shelby campaign regarding her August 4th press release following the initial verdict in the Proposition 8 trial.  I also sent a request to Equality California asking them to comment on the relationship Melanie Shelby continually says she has with them.

I first received a response from the Shelby Campaign in what one other Oakland blogger described as “psychotic”.  You can read the Shelby Campaign’s really bad, though entertaining, response as well as my rebuttal by clicking here.  It really is a great example of what a bad communications team can do for a candidate.  But that was just one side.

For the past few weeks, I have been trying different avenues to get a response from someone inside Equality California – California’s primary same-sex marriage advocacy group.  For a few weeks I have talked to individuals (off the record) and sent emails.  Unfortunately, all my requests have been unfulfilled and, as I said, my conversations with the few I have reached have been off the record.

Melanie Shelby Wont Play With Politics

Former Prop 8 Supporter Dodges Questions on LGBT Issues, Attacks Questioner.

Back on July 2, 2010, I wrote a post about Oakland City Council candidate, Melanie Shelby, who is running in District 4.  Melanie Shelby is well known in and out of political circles for her past support of Proposition 8 – California’s same-sex marriage ban.  Why?  Because she told everyone.

Because Melanie Shelby stated she has changed her view on same-sex marriage since starting her campaign for city council, I requested clarification from the Shelby campaign on her past and current position on same-sex marriage.  I received no response.  I wrote my post based on conversations with political insiders who have spoken to Shelby regarding this very issue.

(You can read my post here)

Melanie Shelby began saying she is working with Equality California since starting her campaign; supposedly in an effort to share her story of an evolving view of same-sex marriage.  However, she has never really explained what project this is.

Following the ruling in the case challenging Prop 8 on August 4, 2010, the Shelby campaign released a statement where she again claimed to be working with Equality California and other LGBT activists.  She also stated Californian’s still struggle with the “moral implications” of same-sex marriage.

(Read Melanie Shelby’s full press-release here.)

I again sent an email to the Shelby campaign asking for comment.  I asked what project and relationship she has with Equality California and what she meant by “moral implications”.  I also sent an email to the press office of Equality California asking them to comment on any project or relationship they had with Shelby as well.

I’m still waiting for Equality California to respond but after receiving the following response from the Shelby camp I feel compelled to address it.  I will, of course, update upon any response from Equality California (if any).

Federal Judge Rules Part of DOMA Unconstitutional

I just wanted to share some good news for the LGBT community.  A Federal Judge has ruled part of the Defense of Marriage Act (DOMA), passed back in 1996 banning Federal recognition of same-sex marriage, is unconstitutional.  This is really great news and one that, though I would like to talk about at length, don’t have time to.  So please read Robert Cruickshank’s post on the ruling. Excerpt below.

As we await the ruling from Judge Vaughn Walker on Perry v. Schwarzenegger, we just received word about a decision in two marriage equality suits. A federal judge in Massachusetts just ruled that Section 3 of the Defense of Marriage Act, the federal law passed in 1996 that bars federal recognition of same-sex marriage and enables states to withhold recognition of same-sex marriages performed in other states, is unconstitutional.

The ruling in the cases, Commonwealth of Massachusetts v. Health and Human Services and Gill v. Office of Personnel Management, does not strike down DOMA in its entirety. But what it does appear to do is to remove the ban on the federal government’s recognition of same-sex marriage.

You can and should read Robert’s full post at Prop 8 Trial Tracker!

Prop 8 Supporter Running for Office… in Oakland?

Proposition 8 – California’s constitutional amendment to ban same-sex marriage – passed in California back in November of 2008 reversing a previous court ruling.  While Prop 8 did pass in the state, it is important to recognize that Prop 8 met a thunderous defeat in Alameda County 62-38%.  In Oakland alone, Prop 8 went down hard.

Melanie Shelby, a candidate for Oakland City Council, District 4 is well known, both in and out of political circles, for her support of Proposition 8 back in 2008.  The fact that she is a Prop 8 supporter, though disappointing, is not the main issue per se.  The big issue is that she is running for a city council position in a city that heavily voted down the gay marriage ban.  So the question that comes up early in this race is this: Is Melanie Shelby really the right person to represent her district?

To help answer this question, i sent an email to Shelby on Monday, June 28th asking for comment on her past support on Prop 8 and current position on same-sex marriage.  To date, i have received no reply.  This is unfortunate as i now must begin the task of speculating based on my conversations with other political observers.