Christian Examiner: FAQs on Prop 8, California’s contested marriage amendment

State lawmakers endorse Oakland “transgender” judicial candidate

    Bay Area Reporter: “A state senator and two Assembly members from the East Bay have thrown their support to a transgender woman running for an open seat on the Alameda County Superior Court this fall . . . Should [Victoria Kolakowski] win election in November, Kolakowski would be the first openly transgender trial court judge in the country and the only out LGBT superior court judge in Alameda County.”


  • Posted: 08/27/2010
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  • Category: Bench & Bar

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U.S. Court of Appeals put on the brakes

Law Review: Balancing parental and state interests in home schooling in CA

    Recognizing and Regulating Home Schooling in California: Balancing Parental and State Interests in Education
    Paul A. Alarcón, 13 Chap. L. Rev. 391 (2010)

    “Part I of this Comment summarizes the history of education in America discussing in particular the emergence of modern home schooling. Part II considers the conflict between the governmental and parental interests in education created by home schooling and provides an in-depth analysis of these dueling interests. Part III concludes with a proposal for enacting a home school exemption to California’s compulsory school attendance statute, a consideration of limitations adopted by other states, and a proposal for adopting two specific home schooling restrictions.”


  • Posted: 08/26/2010
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  • Category: Marriage & Family

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California legislature officially endorses repeal of Federal DOMA

Court reinstates evangelist’s defamation suit against ABC

Life Legal Defense Foundation gets loitering charges against sidewalk counselor dismissed

“Calif. legislature approves removing gay ‘cure’ language”

    365 Gay: “The California State Senate passed a bill on Monday that would repeal a section of the California Welfare and Institutions code that instructs the State Department of Mental Health to conduct research into the ’causes and cures of homosexuality,’ with the implication that lesbian, gay, and bisexual Californians are sexual deviants, potential sex offenders and a threat to children.”


  • Posted: 08/24/2010
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  • Category: Miscellaneous

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L.A. Unified’s cold shoulder to charter schools

    Los Angeles Times: “Proposition 39, which was passed by voters in 2000, requires school districts to provide charter schools with facilities that are reasonably equivalent to those of other schools in the district. About 60,000 students in L.A. Unified have opted to attend charter schools. But administrators have in no way tried to meet the ‘reasonably equivalent’ standard . . . When charter schools manage to get funding to build their own schools independent of the district, they do so for far less money than the LAUSD does.”


  • Posted: 08/24/2010
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  • Category: Featured
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  • Source: www.latimes.com

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Greg Baylor: Update on CLS v. Hastings

Muslim employee rejects Disney’s hat alternative

Presbyterian pastor faces religious trial for performing same-sex “marriages”

When a public school complex costs $578 million, have we lost our minds?

Milton church files injunction and lawsuit against Sheriff Wendell Hall and jail

If there’s no cross, is there still a case?

“Perry v. Schwarzenegger: California becomes the latest battleground for gay marriage rights”

Ruling overturning Prop 8 shaped for higher courts?

CA: Assembly passes Civil Marriage Religious Freedom Act

    GLT News: “The California Assembly today passed legislation that clarifies the religious freedom of clergy members in California. The Civil Marriage Religious Freedom Act, authored by Senator Mark Leno (D-San Francisco), reaffirms the separation of church and state and clarifies under state law that no member of clergy will be required to perform a civil marriage that is contrary to his or her faith. The Assembly approved Senate Bill 906 with a 46-25 vote. The bill will return to the Senator for a routine concurrence vote before going to the governor’s desk.”


  • Posted: 08/20/2010
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  • Category: Religious Liberty
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  • Source: gltnewsnow.com

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CA: Deputies remove Prop 8 protesters from clerk’s office

Hadley Arkes: Judge Walker and the language of the law

Maggie Gallagher: Chuck Cooper strikes back

Calif. Supreme Court OKs Schwarzenegger furloughs

9th Circuit panel for Prop 8 appeal won’t be known for months

Muslim employee: Disney banned her head scarf

CA marriage on hold, appeal sped up

“Marriage equality advocates react to latest legal round”

“Gay marriage,” a constitutional right or “tyranny of elitists?”

How 1997 ruling might thwart Prop. 8 appeal

Rick Hasen: Reading the tea leaves on the 9th Circuit’s stay order

    Rick Hasen, William H. Hannon Distinguished Professor of Law, Loyola Law School, writing at the American Constitution Society blog: “I believe caution is in order, and that proponents and opponents of gay marriage should read very little into the Ninth Circuit’s order as to how that court is likely to decide the Proposition 8 case. But the Ninth Circuit’s decision to issue a stay could increase the chances that the Supreme Court ultimately will side with gay marriage supporters . . . This case already has had more than its share of twists and turns. But for those who want to predict what will happen in the appellate courts, there’s really very little to go on so far. Certainly we should not rely on a procedural order containing no written rationale offered by a different set of decisionmakers than the judges who will decide the merits of the appeal.”


  • Posted: 08/18/2010
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  • Category: Marriage & Family
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  • Source: www.acslaw.org

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“Delay on gay marriage in Calif. gives Democrats room to focus on midterms”

TIME: New legal strategy for Prop 8 supporters

National Review Online: “Gay marriage on hold”

Matthew J. Franck: Professor Klarman sows the dragon’s teeth on Supreme Court and marriage

No same-sex “marriages” in California until appeal

“Gay marriages” halted; case fast-tracked

Attorney: Ninth Circuit makes “right call”

9th Circuit agrees to fasttrack same sex “marriage” hearing

Appeals court stays Prop 8 ruling

Pro-marriage groups laud Ninth Circuit’s emergency stay of Prop. 8 ruling

SCOTUS Blog commentary: 2nd Prop. 8 case expedited

    SCOTUSblog: “The Ninth Circuit Court on Tuesday morning ordered an expedited review of a second appeal on California’s Proposition 8 ban on same-sex marriage — a plea by local officials in Imperial County, Calif., to enter the case in order to defend the ballot measure’s constitutionality. The motions panel of the Circuit Court, in a two-page order, set the county’s appeal to be heard at argument along with the appeal by the backers of Proposition 8 — that is, during the week of Dec. 6. The written briefing schedule will be the same in both cases, concluding on Nov. 1.”


  • Posted: 08/17/2010
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  • Category: Marriage & Family
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  • Source: www.scotusblog.com

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US conservative Christians fear for rights

Another issue emerges in CA’s “gay marriage” case

Daniel Blomberg on The Schilling Show: Recurring questions in the Cal. marriage litigation

Ed Whelan: Some reflections on 9th Circuit stay order

Ed Meese: Prop. 8 ruling ignores precedent, evidence and common sense

Dennis Prager: Same-sex “marriage” and the insignificance of men and women

Court rejects challenge by donors and diocese to plans for sale of Catholic high school

    California Catholic Daily: “Attorneys for the Diocese of Sacramento and seven donors to the now defunct Loretto High School are mulling whether to appeal an unfavorable ruling in a dispute over $7.75 million the sisters of the Institute of the Blessed Virgin Mary received when they sold the campus last year . . . In May 2009, the sisters of the Institute of the Blessed Virgin Mary sold the 9-acre Loretto campus to Aspire Public Schools, a non-profit firm that operates 21 charter schools across California, for $7.75 million — $5.75 million up front, with the remaining $2 million due in 2012 . . . In essence the appellate court said the nuns had, in fact, used the money contributed to Loretto for the purposes for which it was donated, and that the plaintiffs are unlikely to prevail at trial.” | For more information see Religion Clause.


  • Posted: 08/17/2010
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  • Category: Religious Liberty
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  • Source: www.calcatholic.com

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“Gay marriage” back on hold during appeal on Proposition 8 decision

“Gay-marriage” ban to continue indefinitely

Same-sex “marriages” placed on hold in California

Federal appeals court stops California same-sex “marriages” from resuming

Federal Appeals Court intervenes in Prop. 8, halts California “gay marriages”

Federal panel puts same-sex “marriage” on hold as appeal of Prop. 8 ruling goes forward

Legal focus in Prop. 8 “gay marriage” battle: Who has right to fight?

Court halts California “gay marriage”

Appeals court stays marriage ruling

Court halts Calif. “gay marriages” pending appeal

Now California puts “gay marriage” on hold indefinitely as court decides whether they should go ahead

Prop. 8: Appeals court puts ruling on hold

Appeals court puts “gay marriages” on hold, sets December hearing

“Gay marriage ruling delayed; No Appeal to Supreme Court yet”

9th Circuit puts brakes on decision that struck down Calif. marriage amendment

Alan Sears: Perry verdict is calculated not just to change, but to eliminate marriage

“Court halts Calif gay marriages pending appeal”

Jonathan Adler: More on standing to defend Prop 8

    Jonathan H. Adler writing at The Volokh Conspiracy: “I think that the defenders of Proposition 8 do have standing to appeal the decision, just as they had standing to intervene, and that even if they do not, the officials of Imperial County would, and should have been permitted to intervene. Although I generally support a rather narrow view of standing, I largely agree with Michael Dorf that it would be anomalous were state officials able to effectively nullify state ballot initiatives simply by refusing to defend such initiatives in Court. Further, I think the interest of the proposition’s defenders on appeal is equivalent to that of an initiative’s sponsors who could file suit to ensure their initiative appears on the ballot in the first place.”


  • Posted: 08/16/2010
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  • Category: Marriage & Family
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  • Source: volokh.com

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CA: Mall can’t ban religious conversations, court says

CA: “Businesses await marriage windfall”

L.A. County Registrar’s office in Norwalk to stay open late Wednesday for same-sex “marriages”

Conservative Christians: It won’t stop at same-sex “marriage”

California’s budget crisis and its Prop 8 litigation: What they reveal about the state’s divided Executive

    Vikram David Amar writing at FindLaw: “In California, the unfolding gay-marriage episode has showcased this Attorney General autonomy. In the ‘same-sex marriage cases’ in the California Supreme Court in 2008, Attorney General Jerry Brown . . . filed briefs that were different from the Governor on the merits, asserting different, nuanced views of what state equal protection means . . . The Attorney General has declined to defend the state law in [Perry v. Schwarzenegger], and again has gone beyond a ‘clean hands’ approach of abstaining, and instead has formally attacked the law (as he had done in the most recent state court battles). The Governor, who has made a number of separate filings, has declined to weigh in on the merits of the case, saying that he lacks a basis for responding to the plaintiff’s legal arguments . . . Does he agree with the Attorney General’s refusal to defend state law? If so, why doesn’t he make that clear? If not, what is his position?”


  • Posted: 08/16/2010
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  • Category: Marriage & Family
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  • Source: writ.news.findlaw.com

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Dahlia Lithwick: “What will Anthony Kennedy do on gay marriage?”

    Dahlia Lithwick writing at Slate: “Kennedy himself has become the Rorschach test, with both sides importing their worst fears onto their assessment of his future vote. Still, it’s the only question anyone’s asking . . . For a bit of deeper insight, I turned to a 2004 paper called ‘The Gay Rights Jurisprudence of Anthony Kennedy,’ by Artemus Ward, a professor of political science at Northern Illinois University . . . [Ward] concludes that Kennedy’s ‘opinions in Romer and Lawrence can be considered precedent to expand gay rights, including gay marriage. At the same time, they could constrain his choices and he could be unwilling to extend his position to more controversial gay rights claims.’ And that’s pretty much the uncertain Kennedy landscape we’ve all come to recognize.”


  • Posted: 08/16/2010
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  • Category: Marriage & Family
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  • Source: www.slate.com

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