Tag Archives: State: California

WorldNetDaily: Jordan Lorence, counsel for the Alliance Defense Fund told WND after the arguments today that marriage advocates were able to get their points across.The arguments went very well. I think we got out our main arguments,” he said. “It is a totally constitutional public policy decision for voters to define marriage as one man and one woman.” However, he said, “exactly where the court’s going to go with this, I’m not sure.” . . . The ADF said the case has the potential to create “years of chaos and confusion in the legal battle to preserve marriage. It could impact marriage laws in up to 45 other states – including the … states where voters overwhelmingly adopted state constitutional amendments…”
The ADF report said also at stake is . . .

Lyle Denniston reports on yesterday’s oral argument at SCOTUS Blog: “If there was a surprise, it was that the one judge on the three-judge panel known as a conservative, Circuit Judge N. Randy Smith, found a possibly fatal flaw in logic in support of the ban.  What is rational, Judge Smith asked, about a state giving gay and lesbian couples complete equality in the legal rights and benefits that married couples have, including the right to raise children, but then to deny them marriage itself.  The state’s voters, he said, had just opted to omit a single word, “marriage,”  and how is that rational? ”

ADF attorney Austin R. Nimocks appeared on KGO to discuss the Prop. 8 litigation. | MP3 runs 4:17 mins

Ed Whelan discusses today’s hearings at National Review Bench Memos.

AP: “A federal appeals court is set to hear arguments on whether California’s same-sex marriage ban is constitutional in a hearing to be televised nationally.”

ABC 7 online here: http://www.youtube.com/watch?v=OK4rVdXWgbE

CBS 5 online here: http://www.youtube.com/watch?v=QBv2j2YMXTM | ABC 7 online here:
http://www.youtube.com/watch?v=E4Xtmm_ktkg

Jan Crawford writes at CBS: “The appeals court panel hearing arguments on the constitutionality of the California gay marriage ban indicated this afternoon they will rule it violates the rights of gays and lesbians — with the only question being just how broadly the ruling will be.”

The American Independent: “As The Iowa Independent previously reported, several out-of-state groups — New Jersey-based National Organization for Marriage, Mississippi-based American Family Association, Washington, D.C.-based Family Research Council, Washington, D.C.-based Citizens United Political Victory Fund, Georgia-based Faith & Freedom Coalition and Arizona-based Alliance Defense Fund — spent nearly $1 million to defeat the Iowa justices and provided unsolicited materials directly to Iowa churches in an effort to influence congregations across the state.”

LA Times Blog: “The first half-hour of the hearing on California’s ban on same-sex marriage consisted of judges quizzing the lawyers who oppose gay marriage on the question of whether they have standing to appeal an earlier ruling that found Prop. 8 unconstitutional.”

ADF attorney Jordan Lorence writes at the Christian Post Advancing Religious Liberty Blog: “The attorneys and judges will discuss many legal concepts, but one big question needs to be answered before we can have a helpful discussion on marriage: Why do we have marriage in the first place? Why do human societies, separated by continents, centuries and culture, overwhelming establish and regulate a public institution called marriage, and define it uniformly as one man and one woman? What is it that their collective experience sees that compels them to have the institution of marriage? Maybe it is because societies want to encourage loving relationships.”

California Catholic Daily: “This obvious conflict provoked even Ann Woolner, a legal columnist who supports same-sex “marriage” to opine that Reinhardt should have recused himself. Last Thursday Woolner wrote in Bloomberg News: ‘Like Virginia Thomas (Justice Thomas’ wife), she (Ramona Ripston) can say whatever she believes about any case, even if her husband may eventually help decide it. But Ripston did more than that. The organization she works for advocated the same cause in a state court that is now being advocated before her husband in federal court… ‘”

Pioneer Press: But the lawyers involved expect few surprises when it comes to arguments. “A lot of the stuff is going to be repeated,” said Jordan Lorence, senior counsel for the Alliance Defense Fund, a conservative legal group that has helped defend Proposition 8. “But what I hope is that it will not be the one-sided presentation of the facts the district court had in its opinion.” (syndicated — originated in the NY Times)

The Oakland Tribune: “We remain very confident,” said James Campbell, a lawyer for the conservative Alliance Defense Fund. “The law is clearly on our side.”

Christian Post: “According to the Alliance Defense Fund, which filed the appeal with ProtectMarriage.com’s Andrew Pugno, what’s at stake in the court battle is more than marriage – it’s America’s democratic system.”

ABC 30 HD: Attorney Jim Campbell of the alliance defense fund one of Prop 8′s proponents believes they have strong legal standing “The U.S Supreme Court has recognized that when a state court allows proponents to intervene when the Attorney General refuses to defend this law that the federal courts will do likewise,” said Campbell.

LA Times: “Forget the latest episode of “House.” The big TV event on Monday, at least in California, will be the U.S. 9th Circuit Court of Appeals hearing on Proposition 8, airing on C-SPAN. A panel of two appellate judges known to have liberal leanings and one with a more conservative reputation will consider the state’s ban on same-sex marriage, passed by voters in 2008 but tossed out by a federal judge earlier this year.”

New York Magazine: “First, the judges will face the question of whether groups like the Alliance Defense Fund — which has been funding the side supporting Prop 8 — have the standing to continue to pursue the case in court.”

Washington Post: “Some Muslims in Southern California and nationally say the cascading revelations have seriously damaged their relationship with the FBI, a partnership that both sides agree is critical to preventing attacks and homegrown terrorism.”

Mary A. Fischer writes SCOTUS Blog: “Insiders debate when the right time is to mount a federal challenge.”

The Press-Enterprise: “An opponent of a proposed mosque in Temecula said Thursday his group plans to appeal a city panel’s approval of the project that has caused heated debate over Islam and its place in the nation.”

Wall Street Journal: “Alliance Defense Fund lawyer and co-counsel for Protectmarriage.com, Brian Raum, said in response to Reinhardt’s decision: ProtectMarriage.com accepts the judge’s decision, but stands behind the arguments in its motion. With binding Supreme Court precedent and the will of a strong majority of Americans on our side, we are confident that Proposition 8 and the institution of marriage will ultimately prevail.”

How Appealing links to several reports covering Reinhardt’s refusal to recuse in the Proposition 8 ruling. Click the Perry tag below for earlier reports.

“In a motion for disqualification, the supporters of the ban called for recusal of Circuit Judge Stephen R. Reinhardt.”

San Francisco Chronicle: “California’s retiring chief justice said Wednesday that Iowa voters’ removal of three state justices over their decision to legalize same-sex marriage suggests it’s time to scrap elections for state high courts.”

National Organization for Marriage: “‘Judge Reinhardt’s wife, Ramona Ripston, has been involved in this case on numerous accounts, and what we’ve learned from Ed Whelan’s highly informative Bench Memo yesterday, posted on National Review Online (and updated here) is that there is no way Judge Reinhardt can rightfully remain a member of this hearing without making a mockery of the federal judiciary,’ said Brian Brown, president of NOM.”

Los Angeles Times / L.A. Now: “A proposed mosque in Temecula has won the unanimous support of the local planning commission following more than five hours of often heated public testimony.”

ADF attorney Doug Napier appeared on the NC Family Policy Council’s Family Policy Matters to discuss the Proposition 8 California marriage litigation. | MP3 14:30 mins

Pacific Justice Institute: “Due to the personal involvement of Judge Reinhardt’s wife in the Prop. 8 case and his own inability to be impartial based on his prior rulings against protection of traditional marriage, the Pacific Justice Institute is taking the extraordinary step of calling for his recusal from the case. PJI filed an amicus brief with the Ninth Circuit, detailing support for traditional marriage in ancient civilizations that otherwise tolerated homosexual behavior.”

Fox 10 News Phoenix quotes Jeremy Tedesco on a proposed policy for opposite-sex roommates at the University of Arizona. Video is here.

ADF Attorney Jordan Lorence appeared on KTXL (Fox) Sacramento to discuss the effect that Judge Walker’s Prop 8 ruling could have on religious freedom. Video is here.

Ginny LaRoe writing at Law.com / The Recorder: “Reinhardt is seen as friendly to gay rights, most recently issuing a published directive granting a federal public defender pay to cover the cost of private insurance because his same-sex partner’s benefits had been denied.”

“I rely on the fact, reported months ago in this California Lawyer article, that [Reinhardt's wife] consulted with the plaintiffs’ lawyers about the decision to bring this very case.”

San Francisco Chronicle: “San Francisco District Attorney Kamala Harris will be California’s next attorney general, after her Republican opponent conceded today – a full three weeks after the Nov. 2 election.”

OneNewsNow: “The Christian Legal Society (CLS) is facing another setback in its religious liberty case against the University of California’s Hastings College of the Law, which refused to recognize a chapter of the society because of its Christian beliefs.”

Pacific Justice Institute: “A heated controversy in this Bay Area city over mandatory pro-gay curricula for all students has taken an unexpected twist that is leaving gay activists and the ACLU scrambling to explain why a film shown to elementary students portrays African-American families in a negative light.”

Religion Clause: “In Schofield v. Superior Court of Fresno County, (CA App., Nov. 18, 2010), a California appellate court held that in a lawsuit brought by the Episcopal Church to establish its title to property of the break-away San Joaquin Diocese, the trial court must apply neutral principles of law to determine ownership of the property. It held that the trial court had erred in preliminarily deciding who is the rightful bishop of the Diocese of San Joaquin.”

Medical News Today: “Citing the importance of stable, committed relationships and the benefits of the institution of marriage, the American Psychiatric Association has joined several other mental health organizations in submitting an amicus curie brief in a case challenging California’s ban on same-sex marriage.”

Vikram David Amar writing at FindLaw: “On December 6, the U.S. Court of Appeals for the Ninth Circuit will hear oral argument in the federal constitutional challenge to Proposition 8 — California’s voter-enacted ban on same-sex marriage. While the identity of the three judges to whom the appeal has been assigned won’t be known until a week before the argument, the time is ripe to sketch out at least some of the possible outcomes of the Ninth Circuit proceedings.”

SCOTUSblog: “The Ninth Circuit Court agreed on Wednesday to allow live and delayed broadcasting of the Dec. 6 oral argument on the constitutionality of Proposition 8 — California’s ban on same-sex marriage. In a brief order, the Court cleared live broadcasting by C-SPAN, the cable network. It also gave permission to a San Francisco station, KGO-TV, an ABC affiliate, to provide coverage.”

Americans United for Separation of Church and State / The Wall of Separation: “ADF lawyers, however, just couldn’t let the matter go. They insisted that university officials had been guilty of selective enforcement – in other words, that the school had imposed the ‘no-discrimination’ policy on the CLS chapter while letting other groups get away with it . . . On Wednesday, a federal appeals court tossed out that claim as well. The 9th U.S. Circuit Court of Appeals said it was too late for CLS to raise that claim since the group hadn’t brought it up before.”

Associated Press: “An administrative judge is considering whether the fertility doctor for ‘Octomom’ Nadya Suleman should keep his medical license. Lawyers wrapped up closing arguments Thursday in the state medical board hearing for Dr. Michael Kamrava.”

San Francisco Chronicle (AP): “The 9th U.S. Circuit Court of Appeal announced Wednesday that it had granted C-Span permission to carry the Dec. 6 proceedings in San Francisco live.”

Wall Street Journal: “America’s strapped states and cities took another hit Wednesday, with California seeing tepid demand for its latest bond sale and other governments pulling about $700 million worth of borrowing deals this week as investors continued stepping away from the municipal bond market.”

“The 9th Circuit on Wednesday refused to consider a Christian student group’s claim that a public law school selectively enforces its nondiscrimination policy, saying the group ‘simply failed to raise this issue the first time around.’”

LifeSiteNews: “The Appellate Division of the Alameda Superior Court has dismissed all criminal charges against Oakland pro-life witness Pastor Walter Hoye. Hoye was arrested in May of 2008, charged, found guilty and imprisoned for peacefully counseling and picketing at a local abortion clinic.”

Barry P. McDonald writing in the Los Angeles Times: “In [invalidating video-game restrictions . . . courts have applied — as they must — a completely unsatisfying set of 1st Amendment rules that the modern Supreme Court has developed. The rules make it almost impossible for state and local governments to address legitimate harms posed by certain types of expression . . . ”

UVA Today Press Release: “McGill debated [Jordan Lorence], a lawyer from Alliance Defense Fund, who supports Proposition 8 and a ban on same-sex marriage . . . A marriage that consists of a mother and father raising children ‘shows the best results,’ Lorence said.”

San Francisco Chronicle: “Victoria Kolakowski declared victory Monday in a tightly contested race for Alameda County Superior Court, making her what is believed to be the nation’s first transgender judge.”

George Gilder writing in the Wall Street Journal: “The massive vote against repeal of the California law—62% to 38%—supports an economy-crushing drive to suppress CO2 emissions from natural gas and everything else . . . Their economic model sees new wealth emerge from jobs dismantling the existing energy economy and replacing it with a medieval system of windmills and solar collectors. By this logic we could all get rich by razing the existing housing plant and replacing it with new-fangled tents.”

ACLU: “The California Supreme Court unanimously ruled today that students who attend at least three years of high school in California and who graduate from a California high school are eligible for in-state tuition rates at California public colleges and universities, regardless of their immigration status. The court found that federal law did not bar California from offering tuition equality to students. California is one of 10 states to grant tuition equality to its students.”

OneNewsNow: “A 13-year-old California boy who was told by school officials to remove a U.S. flag from his bike will once again be able to fly the Stars and Stripes as he rides on campus . . . But on Friday, Superintendent Edward Parraz backtracked on that decision — apparently in response to public outcry.” | For background, see this post.

The Valley News: “A Temecula Planning Commission hearing to review plans for a proposed 25,000-square-foot mosque — which is being challenged over its size and symbolism — has been delayed because of a misplaced sign, it was reported today.”

UPI: “The proposed measure for the November 2011 ballot would amend the city’s police code ‘to make it a misdemeanor to circumcise, excise, cut or mutilate the foreskin, testicle or penis of another person who has not attained the age of 18,’ The (San Francisco) Examiner reported.”

KSBW: “A Stanislaus County school is forcing a student to take an American flag off of his bike . . . officials at Denair Middle School told him he couldn’t fly it. He said he was told some students had complained.”

Eugene Volokh comments at The Volokh Conspiracy: “[I]f there is a reasonably predictable likelihood (not just a bare conjecture) that speech or expressive conduct will cause substantial disruption — which is not clear under these facts — then the school may legally restrict it without violating the First Amendment.”

Pacific Justice Institute: “A federal judge has ruled that an unusual belief system called Anthroposophy is not a religion, so public schools can continue to utilize its methodology . . . Kevin Snider, Chief Counsel of Pacific Justice Institute, commented, ‘This ruling illustrates the double standard that many people see in public education: widely-held beliefs like Christianity and Judaism are excluded, while unusual beliefs like Anthroposophy are promoted. We believe this dichotomy is legally untenable, and we look forward to appellate review.’”

Brent Bozell writing at Townhall: “[I]f the issue isn’t indecency, but instead, say, obesity, so many of those titans of ‘tolerance’ suddenly become the censors. Behold San Francisco, the paradise of permissive sexual attitudes. The city council may welcome flowers in your hair, but they have just voted to ban ‘Happy Meal’ toys unless the ‘happy’ menu is low in fat and sodium, and includes fruits and vegetables.”

Jordand Lorence writing at Speak Up Movement: “I want to dispel a false argument made by those seeking to redefine marriage. They frequently argue that marriage laws are unconstitutional like old laws banning interracial marriage . . . ”

Yahoo (AP): “Gov. Arnold Schwarzenegger says no one cares if you smoke a joint.”

HSLDA: “In a carefully worded letter to ‘Parent[s] and/or School Administrator[s],’ the Morongo USD notified homeschooling families that if the school district receives a complaint, the school district has an obligation to investigate the parent for violation of compulsory education laws, i.e, truancy.”

Lambda Legal: “Lambda Legal yesterday filed a brief in U.S. District Court for the Northern District of California in a lawsuit that could result in the next major court decision regarding the constitutionality of the so-called ‘Defense of Marriage Act,’ also known as DOMA.”

Golinski v. United States Office of Personnel Management, No. 3:10-cv-0257-JSW (N.D. Cal.)

San Francisco Chronicle (AP): “With one in every eight workers unemployed and empty state coffers, California is borrowing billions of dollars from the federal government to pay unemployment insurance.”

Angry parents and religious critics, while agreeing that schoolyard harassment should be stopped, charge that liberals and gay rights groups are using the antibullying banner to pursue a hidden “homosexual agenda,” implicitly endorsing, for example, same-sex marriage.

Religion Clause: “On Wednesday, the U.S. 9th Circuit Court of Appeals heard oral arguments in International Church of the Foursquare Gospel v. City of San Leandro. An audio recording of the oral arguments is available from the court’s website.”

ADF Attorney Jordan Lorence writing at Speak Up Movement / University: “[A]udio recording of an ADF attorney arguing before the U.S. Court of Appeals for the Ninth Circuit on November 1, 2010 in Pasadena, California. This was the first appellate court to hear a case on the right of campus religious groups to select their own members and officers since the Supreme Court’s disappointing decision last June in Christian Legal Society v. Martinez.”

San Diego Union Tribune: “The arrest of the leader of a City Heights mosque, a man described as a revered figure who was known for advocating nonviolence and tolerance, has stunned the close-knit Somali community in City Heights, where many refugees of the war-torn country live, work and pray.”

Bruce Hausknecht writing at CitizenLink: “The common denominator for both the Iowa and California situations seems to be this: judges are usually given a lot of leeway by citizens to perform their duties, but voters can tell the difference between ‘doing your job’ and legislating from the bench on issues that the people have reserved for themselves.”

Catholic San Francisco: “Bioethical issues are real for this generation of high school students. Some of them were conceived using in-vitro fertilization technology and others have had abortions before they leave high school, said Marin Catholic High School religion teacher Ryan Mayer . . . ‘Our technical expertise is surpassing our moral understanding,’ said Marin Catholic senior Virginia Yoham, 17.”

Oakland Tribune: “Alameda County has become home to the first transgender trial judge in the country as Victoria Kolakowski won the race to fill an empty seat on the county’s Superior Court bench.”

AP report.

“I haven’t yet read through the reply brief, but am pleased to post substantial excerpts from its excellent introduction . . . ”

Appeal-Democrat: “Confronting officials of the Yuba City Unified School District over their promotion of Christian-based religious materials — including ‘Character Counts’ classes — led to retaliation by the school district, a Jewish teacher says.” | Courthouse News Service has posted a copy of the complaint (E.D. Cal.).

California Catholic Daily: “The California Supreme Court has refused to hear an appeal by the owners of the Galleria Mall in Roseville in favor of an evangelical Protestant youth pastor over the shopping center’s restrictions on free speech. The high court’s Oct. 20 decision to reject the appeal lets stand a ruling by the California Third District Court of Appeal, which found the mall’s speech policy violated the state constitution.”

Huffington Post: “Ted Olson talked about the importance of new media and legalizing gay marriage at HuffPost’s 2010 Game Changers celebration in Soho on Thursday night.”

Mercury News (AP): “San Francisco school officials have gone on the offensive against students who lie about where they live so they can attend the city’s schools.”