November 22nd, 2009
 

365Gay Agenda Blog

Lowenstein: CA Supreme Court decision is imminent

By Jenna Lowenstein, 365gay blogger 05.20.2009 8:08am EDT
(Photo from joemygod.blogspot.com)

(Photo from joemygod.blogspot.com)

Late last night, JoeMyGod reported that the San Fransisco Police Department had started moving barricades into the Castro. While some commenters on the blog joked that the move might be in preparation for the American Idol finale, the more likely explanation is that the California Supreme Court is planning on handing down its decision on Proposition 8 tomorrow, and they warned local police forces to start their preparations for protests.

After the Supreme Court heard oral arguments on Proposition 8, they had 90 days to deliver a decision. Since the court hands down decisions only on Thursdays and Mondays, there are just four possible dates remaining for them to release their decision: Thursday, May 21, Tuesday, May 26 (because of the Memorial Day holiday), Thursday, May 28, and Monday, June 1.

Day of Decision and Join the Impact organizers in every state are planning protests to be held on the occassion of the decision– regardless of what the decision is. The Day of Decision website says:

Whatever the decision, we must act. We will organize “Day of Decision” actions that will either:

1) Celebrate a positive decision and attempt to spread its impact,

or

2) If the court rules against us, make sure our angry voices are heard around the nation. Anger at denying an entire group of people our civil rights is perfectly legitimate and appropriate.

Given the preparations by the San Fransisco Police Department and leaked information that has come from other high profile officials, it seems likely that tomorrow is the day. Check out the Day of Decision website to find your local protest (and if you’re in DC, make sure to come out to support the one I’m helping organize).

One thing that makes tomorrow a particularly interesting date for the decision is that it’s the 30th anniversary of the White Night Riots, the violent and destructive San Francisco riots that followed the incredibly lenient sentencing of Dan White for the murder of Harvey Milk. It’s unknown whether the Court is aware of tomorrow’s anniversary, but it will be interesting to see how history decides to repeat itself.


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  • boredwell Said: May 20th, 2009 at 8:03 pm
    • It’s presumptuous to state that the Supreme Court alerted police to prepare for protests in the wake of it’s PROP 8 decision. Barricades are put up for parades as well as demonstrations. Though the Supreme Court was on the side of equal rights vis a vis the lawsuit brought by opponents of Mayor Newsome’s same sex marriage initiative, PROP 8’s passage voices majority rule. It may not be fair but it’s square. The court will have to uphold the will of the people even if it’s not all of the people. We’ve come a long way. The issue is being debated in the public domain. We will, eventually, win.

  • Todd Said: May 20th, 2009 at 5:17 pm
    • A rumor I’ve heard is that they will uphold Prop. 8, but find that it creates a contradiction within the state constitution as it violates the guarantee of equality present therein. There is a provision for the court to then send the matter to the legislature to resolve the contradiction. If this occurs, there would still be some reason to hope as the legislature has twice voted in favor of marriage equality (& even Arnold who twice vetoed the bills has stated that he is against Prop. 8).

  • Jose O. Said: May 20th, 2009 at 4:59 pm
    • I cant wait im going to check every hour while i am taking my finals at school..

      Hopefully it will and lets hope the court doesn’t contradict it self..

  • Kevin Little Said: May 20th, 2009 at 4:34 pm
    • Doesn’t look like the ruling will be coming tomorrow. The timing of a ruling is usually announced the day before on the Court’s Website. However, the entry for tomorrow lists no rulings to be filed.

  • Dean Said: May 20th, 2009 at 3:58 pm
    • It’s pretty clear that the CA supreme court will not overturn Prop 8. So, we need to collect signatures to put a pro-marriage proposition on the ballot in 2010 to re-legalize marriage in CA.

  • kncjr Said: May 20th, 2009 at 2:51 pm
    • Doesn’t look like it will be tomorrow. They just updated the Supreme Court web site stating “May 20 2009 — No opinions were announced for filing on Thursday, May 21, 2009.
      There is no pending notice of forthcoming opinion filings. When opinions are expected to file, notices are generally posted the day before. Opinions are normally filed Mondays and Thursdays at 10:00 a.m.” Maybe next week.

  • shawn Said: May 20th, 2009 at 2:43 pm
    • If not tomorrow than why are the pigs rollin’ out the barricades into OUR neighborhood for?

  • Sean Said: May 20th, 2009 at 2:35 pm
    • UPDATE: There will not be a decision filed tomorrow (May 21, 2009), per the California Supreme Court’s website. Three more opportunities left. Let’s all keep our fingers crossed and the prayers flowing for equality!

  • Scott P. Said: May 20th, 2009 at 2:13 pm
    • My feelings are they’ll uphold Prop. H8, but the marriages done before the vote will still be legal. I hope so, mine is one of them on the line.

  • drewski Said: May 20th, 2009 at 2:06 pm
    • John Culhane–cool!

      Upholding Prop 8 in California won’t set back the rest of the country. It will be a dark day for California though, because it’s proof that Cali isn’t nearly the bubble that it’s boasted of being. No, it’s not going to be as overtly antigay as Oklahoma, but it’ll encourage the wingnuts to come out.

      There’s no question that there’ll be civil disobedience if 8 is upheld. The damage to California’s economy will be more interesting. Will people stay and fight to overturn 8? Or will a significant number get the hell out and head where things are much friendlier these days?

      The Justices may yet do the right thing. We’ll see. Otherwise, undoing the legal damage in California will take a long time, and I’m not even thinking of gays right now.

  • R & R Said: May 20th, 2009 at 1:28 pm
    • The court will approve the Taliban’s Prop 8, of that there should be no doubt.

  • John Culhane Said: May 20th, 2009 at 1:22 pm
    • I just posted on the questions and issues to look for in the court’s decision, when it does come down. It’s at wordinedgewise.org

      I’ll then post a summary of the decision shortly after it is issued.

  • Kelesse Said: May 20th, 2009 at 1:15 pm
    • It’s just rumor until the Supreme Court publishes a notice of a forthcoming opinion filing. Generally those go out 24 hours in advance…it’s past 10 a.m. PDT and nothing yet from the Court. Could it be yet another rumor? We’re tired of the limbo, but the rumor mill is getting old…sigh.

  • Matty Said: May 20th, 2009 at 12:55 pm
    • Woe unto every California citizen if Prop. 8 is upheld. That would mean any bare majority of people truly have the power to take away any constitutional right from any unpopular minority.

  • JoeyinCT Said: May 20th, 2009 at 8:37 am
    • I Really, REALLY hope it’s a good day for us all.

      This is either going to be a great day for our history, or it’s going to set us back another 25 years.

      I really hope the CA Supreme Court realizes the discrimination Prop.Hate does to our community and other minorities as a whole. It should never have been a voting issue for the majority of a population to vote to strip a minority of its basic civil rights, and to undermind the supreme court of a states decision to provide those rights.

      The general public should never have the ability to write discrimination into a states constitution or in Fed law, based on their religious beliefs. Separation of church and state people…it’s not a hard concept to grasp. If this goes bad for us, it is a gateway for other discrimination such as stripping rights for immigrant citizens, minorities and the reinstatement of slavery and the start of American Concentration camps. The religious right will never stop at just GLBT rights…

      Keep your fingers crossed people, this is only headed in 1 of 2 directions and could screw the rest of the progress we’ve made, especially the widespread progress in New England.

 
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