Friday, December 19, 2008


Atty. Gen. Jerry Brown's Brief Protecting Gay Marriage in California

for full legal brief go to


The Attorney General's office legal brief -- to which provides a link in full below -- states in pertinent part:

"Respondent Attorney General is the chief law officer of the state [citation omitted]. In that capacity, he is duty bound to uphold of the whole of the Constitution, not only the People's reservation of the initiative power, but also the People's expression of their will in the Constitution's Declaration of Rights (Cal. Const., art. I, section 1.) In reconciling these separate constitutional protections, Respondent concludes that the initiative power could never have been intended to give the voters an unfettered prerogative to to amend the Constitution for the for the purpose of depriving a disfavored group of rights determined by the Supreme Court to be part of fundamental human liberty...
...The use of the initiative power to take away a legal right deemed by this Court to be fundamental and from a group defined by a suspect classification is a matter of deep concern. Existing precedents of this Court do not support the invalidation of Proposition 8 either as a revision or as a violation of the separation of powers. However, Proposition 8 should be invalidated as violating the inalienable right of liberty found in article I, sectino 1 of our Constitution."

"In the brief, AG Brown doesn't support an argument made by some challengers to to Prop 8 that existing case-law precedents invalidate Prop 8 either as a revision or as a violation of the separation-of-powers doctrine." LBReport

"Instead, AG Brown argues that Prop 8 should be invalidated because the Supreme Court concluded (4-3) earlier this year that Article I, section 1 of the CA Constitution provides a right to marry that cannot be denied to same-sex couples...and to invalidate such a fundamental right requires the Court to find a compelling justification. Since a majority of the High Court found no such compelling justification, Prop 8 must be stricken, AG Brown argues."LBReport

Wednesday, December 17, 2008

Kudos to Hillary Rosen For Standing Up for US and Against Obama's choice of Rick Warren, anti Gay Marriage Pastor to Ungrace His Inauguration

I was proud of Hilary Rosen. She was on Anderson Cooper's CNN news commentary show tonight speaking up against Obama's outrageous choice of a controversial pastor to give the introductory invocation at his inauguration. I was so looking forward to Barack Obama's inauguration day thinking change will be coming at last; Instead we LGBT people get slapped in the face. Roland Martin was speaking on the other side saying Obama was trying to bring all kinds of different sides together to show he can work with everyone. A third person on the show supported Hilary. But it was Hilary's aghast looks and frown and very incisive comments that broke through all the traditional speech. Hilary's mouth did not just move, she said something important to herself and to all of us. It was as if she and her words became one. I remember she said this issue was not about Gay Marriage. I think she suggested in a way it was about symbolism, what Obama stands for. And I say who does he want up there with him, everyone good and evil or at least people who stand for something better than old tired superstitious thinking.

I had no idea Hilary Rosen was a Lesbian but for sure I know she is now. I looked it up and saw she spoke up on Gay Marriage on Huffington Post back in 2006 and used the We not the royal "We" but the we that means I am one of us. I have no idea when Hilary Rosen "came out" publicly but more power to her. I knew Obama stated publicly he defined marriage in the traditional way but did he have to go out of his way to pick a pastor who uses Gay Marriage and anti abortion issues as a weapon to hold sway over his converts and congregants. Rick Warren from what I understand is a fire and brimstone type of pastor who puts the fear of Hell and Damnation in his audience. Do we have to elevate that kind of person over thousands of other worthy pastors who receive their ovations and support from congregations that pray for peace and freedom and inclusiveness rather than who get "high" on pontificating about the evils of LGBT folks who want to marry the ones we love. Who else does Rick Warren put down in his sermons? Women who choose abortion as a way out of an unfortunate situation thus saving the world from overpopulation and saving babies from what could end up being a less than desirable life.

Yes, we have room for the Rick Warren's of the world but does the room have to be the outdoor space reserved only once every four years for the President of the United States to take his oath of office. Does the room have to be given to a so called religious person who brings fear and confusion into the hearts of so many people? It is an outrage and I can hope Obama comes to his senses and univites this person who intrudes so rudely into our hearts and minds at the thought of his being in front of a podium next to our future President of the United States. I guess we were well warned in advance that Obama and our interests as LGBT people are not the same but we did think at least if he was not on the same page, Obama had bookmarked our page and would not let us down. But sadly he has let us down. And now the point we must take from this is that during this administration we need to be ever more vigilant not only about our enemies like Rick Warren but also vigilant and ever wary of our once "true friends". Never let your guard down and keep the pressure up. We don't like what is going on Mr. President-Elect. I hope your LGBT insiders and LGBT colleagues speak up and do something as profound and wonderful as what Hilary Rosen did. I assume there will be protests over this strange slap in the face choice of a pastor to ungrace an inauguration.

Sharon Raphael