Proposition 8

Wednesday, March 23, 2011

Ruling: Same-Sex Marriages Still On Hold

Posted By on Wed, Mar 23, 2011 at 4:09 PM

A federal appeals court refused today to let same-sex marriages resume in California while it considers the constitutionality of a 2008 ballot measure that defined marriage as the union of a man and a woman.

Today's decision from the United States Court of Appeals for the Ninth Circuit upheld an order preventing legal gay and lesbian unions.

The American Foundation for Equal Rights filed a motion in March with the Ninth Circuit asking the court to lift its stay and allow California’s gay and lesbian couples to marry.

In a statement released today AFER said:

“It is decidedly unjust and unreasonable to expect California’s gay and lesbian couples to put their lives on hold and suffer daily discrimination as second-class citizens while their US District Court victory comes to its final conclusion. It is un-American to deprive gay and lesbian couples of their fundamental constitutional right to marry. These are adults in committed; loving relationships who just want to live their lives without government interference.”

The U.S. District Court now must wait to hear back from the California Supreme Court on the question of whether the proponents have jurisdiction to challenge the Ninth Circuit’s ruling that Prop 8 is unconstitutional, which has stalled progress on the case. An answer is not expected at least until September.

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Saturday, March 5, 2011

California's AG Seeks Resumption of Gay Unions

Posted By on Sat, Mar 5, 2011 at 9:19 AM

The legal fight over Prop 8 in California took one step forward and one step back this week.

In a letter to the Ninth U.S. Court of Appeals, which oversees Idaho and eight other states, California's top attorney requested to allow gay marriages to resume immediately in California. The unions were put on hold while the sponsors of Proposition 8 appealed a trial judge's ruling striking down the ban. Attorney General Kamala Harris said opponents were unlikely to prevail in their appeal and that keeping the ban in effect was a fruitless violation of civil rights.

At the same time, California's Supreme Court signaled that it will not expedite its hearing on the matter.

Harris' filing joined six major lesbian, gay, bisexual and transgender legal and advocacy organizations in filing briefs with California's high court.

"Events have demonstrated if the stay ever was justified, it is no longer," wrote Harris. "Supporters of Prop 8 have been utterly unable to demonstrate that injury would befall them in the absence of a stay."

The filings and appeals came a week after the Obama administration said it would no longer defend a federal law that prohibits the U.S. from recognizing gay unions.

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Monday, December 6, 2010

Idaho Judge on California Panel Monday to Consider Prop 8

Posted By on Mon, Dec 6, 2010 at 8:09 AM

An Idaho judge robes-up Monday to take the spotlight in the legal fight over California's same-sex marriage ban.

N. Randy Smith is a federal judge on the U.S. Court of Appeals for the Ninth Circuit. Once upon a time, Smith was a counsel for the J.R. Simplot Company and even served as Chairman of the Idaho Republican Party in the 1990s. Smith was named to the federal bench three years ago by President George W. Bush.

Judge N. Randy Smith

Smith joins two other jurists this week as the Ninth Circuit considers the California voter-approved ban, known as Proposition 8, which was overturned by a trial court judge, ruling it a civil rights violation.

In the first of a planned two-hour session Monday, the panel will consider if the group that put Prop 8 on the ballot two years ago is eligible to appeal the lower court decision. In the second hour, the panel will hear arguments on the constitutionality of Prop 8.

Gay marriage proponents successfully argued in the lower court that the definition of marriage has evolved over time and same-sex marriages would not harm the institution.

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Monday, November 17, 2008

Boycott H8 List Launched

Posted By on Mon, Nov 17, 2008 at 4:31 PM

This may not be the Golden State, though a majority of Idahoans may have voted for a Constitutional ban on gay marriage in 2006, but none of that is stopping some members of the state's LGBT community from having their say on the issue.'s Jody May-Chang is working long hours to compile Boycott H8, (as in "hate") a list of Idaho businesses and individuals that financially supported the passage of Proposition 8, which bans gay marriage in California. At a gay-rights rally in front of City Hall that coincided with national demonstrations last weekend, May-Chang distributed the list to those in the crowd.

At the top of the list is a name gay rights activists are used to seeing: Vandersloot. According to May-Chang's list, Belinda Vandersloot, the wife of businessman Frank Vandersloot who runs the health care product company Melaleuca in Idaho Falls, contributed $100,000 to the California YES on Proposition 8 campaign.

The bottom of the list dwindles down to contributions of a mere $50, with close to 150 businesses and individuals in total named from Boise to Burley and Rexburg to Rupert.

"It's labor intensive to make sure they're accurate," said May-Chang. "I'm cross referencing between information from California's Secretary of State and Idaho's Secretary of State's records."

In addition to the Idaho list, May-Chang is compiling similar lists for Utah and a nationwide boycott using information available through public records.

A complete list can be found at, where May-Chang has urged visitors that the list "is NOT to be used in ANY way to harass or otherwise harm anyone in any way or for any form of solicitation."

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