SAN FRANCISCO FAMILY LAW BLOG » prop 8

Judge in Prop 8 Trial Reportedly Gay

admin — Wed, 10 Feb 2010 22:24:29 +0000

While Judge Vaughn R. Walker has not admitted his sexuality either way, a number of attorneys involved with the historical Prop 8 trial claim they knew he was homosexual before the trial had ever started. Gay and lesbian blogs were buzzing about the news late last year and now the San Francisco Chronicle has even made mention of the speculation.

So far, proponents of Prop 8 say he is on their side and has been undeniably supportive of banning gay marriage, so his orientation has no bearing on the case. It seems likely that if the proposition is struck down they might claim he has a conflict of interest though. Many San Francisco family attorneys are quick to question whether his orientation really provides for a conflict of interest either way.

While this is a breaking new aspect of the historical case, it seems that Walker’s opinion may not stand for very long whichever way he decides, as both sides have made it clear they will approach the Supreme Court if they lose.

To read more about the news, see the article in the Baptist Press News.

Arguments Used In Fed Marriage Case

admin — Wed, 20 Jan 2010 21:58:45 +0000

As the federal court battle against prop 8 heats up, the same-sex marriage advocates have been presenting a wealth of evidence in their favor. To show that those against gay marriage are in fact displaying animosity against homosexuals, footage of a has been presented where a leader in the Prop 8 movement, William Tam, tries to say that allowing gay marriage would lead to the legalization of fornication with children. Tam has also been recorded as having told his followers that if California legalizes same sex marriage, “one by one, other states would fall into Satan’s hands. Every child, when growing up, would fantasize marrying someone of the same sex. More children would become homosexuals.”

Yale law professor George Chauncey has testified that Tam’s statements are “consistent in tone with a much larger history of anti-gay rhetoric.”

San Francisco family attorneys say another strategy of those fighting for legalization of same-sex marriage has been to show that it does not actually present any threat to the institution of marriage. To help make this point, Harvard history professor Nancy Cott has testified that the U.S. has historically restricted marriage to other parties, such as inter-racial couples, and when these bans were lifted, the institution of marriage has become stronger, not weaker as proponents of the ban claim. Cott also argued that traditional gender roles involved with marriage are no longer applicable in our society and, thus, cannot be counted as an argument against gay marriage. She also argued that the divorce rate in Massachusetts has not risen in the five years since gay marriage has been legalized in the state.

Lastly, those arguing for same sex marriage legalization have provided evidence to show that a person’s sexuality is not a choice, but a genetic programing. To make this point, Ryan Kendall testified that his attempts to reform his sexuality through “reversal therapy” proved fruitless and almost drove him to commit suicide. He said at the end of his therapy, “I was just as gay as when I started.”

To read more on the matter, see the article on The Raw Story, The L.A. Times, and CBS News. Image via andy.birky [Flickr].

Ballot Initiative Opts to Ban Divorce

admin — Wed, 16 Sep 2009 21:13:27 +0000

When the gay marriage ban of Proposition 8 was passed in 2007, many proponents of the bill claimed to not have a problem with gay people, but with the protection of traditional marriages. As a response to these arguments, Sacramento satirist John Marcotte is pushing a tongue-in-cheek ballot initiative to ban divorce. Marcotte’s proposition urges traditional marriage advocates to practice what they preach:

“It’s actually what I think is a logical extension of Prop 8, which was the California Marriage Protection Act. (My initiative) would protect traditional marriages by banning divorce,” he explained.

Marcotte’s measure needs to be formally approved by the California Attorney General before a growing army of volunteers rallies to sign the petition. News about the proposed measure spread so fast that the website for the proposition, RescueMarriage.org, crashed multiple times over the weekend due to the traffic surge it received.

While some people have shown concern that the proposal may actually gain enough support to be placed on the ballot, San Francisco divorce attorneys have been reminding those concerned that even if the initiative was voted in, the California Supreme Court would not let it stand.

For more information, please read the full article on ABC News 10. Image via Kashmir [Flickr]