Tuesday, August 17, 2010

Gay marriages halted during Prop. 8 appeals process

This just in from the AP:

SAN FRANCISCO (AP) - Gay couples who had been gearing up to get married in California this week had to put their wedding plans on hold once again after a federal appeals court said it first wanted to consider the constitutionality of the state's same-sex marriage ban.

A three-judge panel of the 9th U.S. Circuit Court of Appeals imposed an emergency stay Monday on a trial court judge's ruling overturning the ban, known as Proposition 8. Chief U.S. District Court Judge Vaughn Walker had ordered state officials to stop enforcing the measure starting Wednesday, clearing the way for county clerks to issue marriage licenses to same-sex couples.

"It's saddening just to know that we still have to keep waiting for this basic human right," Marcia Davalos, of Los Angeles, a health care advocate who had planned to marry her partner, Laurette Healey, said when the stay was issued Monday. "We were getting excited and then all of a sudden it's like, 'Ugh.' It's a roller-coaster."

Lawyers for the two gay couples who challenged the ban said Monday they would not appeal the panel's decision on the stay to the U.S. Supreme Court. They said they were satisfied the appeals court had agreed to fast-track its consideration of the Proposition 8 case by scheduling oral arguments for the week of Dec. 6.

"Today's order from the 9th Circuit for an expedited hearing schedule ensures that we will triumph over Prop. 8 as quickly as possible," said Chad Griffin, president of the American Foundation for Equal Rights, a group funding the effort to get the voter-approved gay marriage ban permanently overturned. "Our attorneys are ready to take this case all the way through the appeals court and to the United States Supreme Court."

Attorneys for backers of the voter-approved measure applauded the decision. In seeking the emergency stay, they had argued that sanctioning same-sex unions while the case was on appeal would create legal chaos if the ban is eventually upheld.

"Invalidating the people's vote based on just one judge's opinion would not have been appropriate, and would have shaken the people's confidence in our elections and the right to vote itself," said Andy Pugno, general counsel for the coalition of religious and conservative groups that sponsored Proposition 8.

Under the timetable laid out Monday, it was doubtful a decision would come down from the 9th Circuit before next year.
To read more, click here for the full article.

I'm pleased by this turn of events, simply because it would be a legal nightmare if, in the end, Prop. 8 is upheld - yet there are a huge number of people who wouldn't have been able to marry under Prop. 8. Even some of my anti-Prop. 8 / pro-gay marriage friends agree with this. What a relief! Now we get another round of wait-and-see...

Wednesday, August 4, 2010

One more thought

A fellow marriage blogger directed me to this recent talk from Russell M. Nelson, an LDS leader. Regardless of your personal faith, his argument makes a lot of sense - it was too good to not share:

Even the definition of marriage is now a topic of heated debate. That is only the tip of a larger iceberg. Below this tip is the weightier matter of free exercise of religion. Contention is raging over two main issues: (1) Can marriage survive as the bedrock of our cultural heritage? and (2) Can our precious freedom of religion be preserved?...

If civil law were altered to recognize so-called "same-gender" marriage, you as believers in God, and keepers of His commandments, would then be regarded as exceptions to the rule. Your conscientious convictions would then be regarded as discriminatory. If you were a Christian school teacher, you could be charged with bigotry for upholding the Lord's law of chastity. In truth dear brothers and sisters, if you lose marriage, you also lose freedom of religion. Atheistic moral bedlam and religious repression go hand in hand. At stake is our ability to transmit to the next generation the life-giving and inseparable culture of marriage and the free exercise of religion.

Judge Walker Rules Prop. 8 Unconstitutional

Hey, all -

Sorry to be so quick, but I am slammed at work today - couldn't not come share the news, though! Judge Walker did rule Prop. 8 unconstitutional. The AP reports:

A federal judge overturned California's same-sex marriage ban Wednesday in a landmark case that could eventually land before the U.S. Supreme Court to decide if gays have a constitutional right to marry in America.

Chief U.S. District Judge Vaughn Walker made his ruling in a lawsuit filed by two gay couples who claimed the voter-approved ban violated their civil rights.

Supporters argued the ban was necessary to safeguard the traditional understanding of marriage and to encourage responsible childbearing.

California voters passed the ban as Proposition 8 in November 2008, five months after the state Supreme Court legalized gay marriage.

"Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples," the judge wrote in a 136-page ruling that laid out in precise detail why the ban does not pass constitutional muster.

Both sides previously said an appeal was certain if Walker did not rule in their favor. The case would go first to the 9th U.S. Circuit Court of Appeals, then the Supreme Court if the high court justices agree to review it.

So, a battle lost, but the war will keep waging. And I hate to paint it in such vicious and angry terms. I don't know that war imagery is right here. It's such a controversial, close-to-the-heart issue for everyone involved.

Honestly, there is a part of me that would be happy to see my gay friends marry happily. It's not a cut-and-dry, win-or-lose, love-or-hate issue. I wish people on both sides of the issue could see that! Even if we'd won today's ruling, I'd feel just sick for my gay friends. So many emotions, so many deeply held beliefs and completely differing views are involved with this. I've seen people argue that it's simply about right and wrong. Well, who's "right" are we advocating? Where it's "right" to treat this case akin to civil rights (a concept with which I disagree wholeheartedly)? Or where it's "right" to stand up for the ideal nuclear family unit? Who is to define right and wrong?

My deeply held belief is that marriage is between a man and a woman, ordained by God. The Church of Jesus Christ of Latter-day Saints released "The Family: A Proclamation to the World" in 1995, wherein it put a stake in the ground regarding its stance on what a family is meant to be. This proclamation is the basis for my views, and for what it's worth, I'd like to share it with you all. Come what may, I believe strongly in the family as the pillar of our society, and I hope to strengthen it always, regardless of what courts may decide.
We, the First Presidency and the Council of the Twelve Apostles of The Church of Jesus Christ of Latter-day Saints, solemnly proclaim that marriage between a man and a woman is ordained of God and that the family is central to the Creator's plan for the eternal destiny of His children.

All human beings—male and female—are created in the image of God. Each is a beloved spirit son or daughter of heavenly parents, and, as such, each has a divine nature and destiny. Gender is an essential characteristic of individual premortal, mortal, and eternal identity and purpose.

In the premortal realm, spirit sons and daughters knew and worshiped God as their Eternal Father and accepted His plan by which His children could obtain a physical body and gain earthly experience to progress toward perfection and ultimately realize his or her divine destiny as an heir of eternal life. The divine plan of happiness enables family relationships to be perpetuated beyond the grave. Sacred ordinances and covenants available in holy temples make it possible for individuals to return to the presence of God and for families to be united eternally.

The first commandment that God gave to Adam and Eve pertained to their potential for parenthood as husband and wife. We declare that God's commandment for His children to multiply and replenish the earth remains in force. We further declare that God has commanded that the sacred powers of procreation are to be employed only between man and woman, lawfully wedded as husband and wife.

We declare the means by which mortal life is created to be divinely appointed. We affirm the sanctity of life and of its importance in God's eternal plan.

Husband and wife have a solemn responsibility to love and care for each other and for their children. "Children are an heritage of the Lord" (Psalms 127:3). Parents have a sacred duty to rear their children in love and righteousness, to provide for their physical and spiritual needs, to teach them to love and serve one another, to observe the commandments of God and to be law-abiding citizens wherever they live. Husbands and wives—mothers and fathers—will be held accountable before God for the discharge of these obligations.

The family is ordained of God. Marriage between man and woman is essential to His eternal plan. Children are entitled to birth within the bonds of matrimony, and to be reared by a father and a mother who honor marital vows with complete fidelity. Happiness in family life is most likely to be achieved when founded upon the teachings of the Lord Jesus Christ. Successful marriages and families are established and maintained on principles of faith, prayer, repentance, forgiveness, respect, love, compassion, work, and wholesome recreational activities. By divine design, fathers are to preside over their families in love and righteousness and are responsible to provide the necessities of life and protection for their families. Mothers are primarily responsible for the nurture of their children. In these sacred responsibilities, fathers and mothers are obligated to help one another as equal partners. Disability, death, or other circumstances may necessitate individual adaptation. Extended families should lend support when needed.

We warn that individuals who violate covenants of chastity, who abuse spouse or offspring, or who fail to fulfill family responsibilities will one day stand accountable before God. Further, we warn that the disintegration of the family will bring upon individuals, communities, and nations the calamities foretold by ancient and modern prophets.

We call upon responsible citizens and officers of government everywhere to promote those measures designed to maintain and strengthen the family as the fundamental unit of society.

This proclamation was read by President Gordon B. Hinckley as part of his message at the General Relief Society Meeting held September 23, 1995, in Salt Lake City, Utah.

Prop. 8 Verdict Expected Today

Just a heads-up - Judge Walker is expected to deliver a verdict on the Prop. 8 case this afternoon between 1-3 p.m. PDT. Check out the Wall Street Journal piece here.

Meanwhile... whatever happens, it's still not over, since the case is sure to be appealed. Update coming later...