January 20, 2010
By Julia Rosen
Following on the cease-and-desist letter ProtectMarriage.com sent us last week, the Prop 8 attorneys filed late yesterday in U.S. District Court a complaint and temporary restraining order asking a federal judge to order us to take our parody logo down.
I guess we all know the answer to the question: Do they have a sense of humor or are they that offended by stick figures in dresses? (see background on this silly dispute here)
The Prop 8 attorneys have requested a temporary restraining order (TRO) prior to the full ruling. The case has been assigned to Judge Lawrence K. Karlton and we are currently waiting to hear back if he he has either granted the TRO, denied the TRO, or opted for a hearing about the TRO.
Our MoFo attorneys (the short-hand name our lawyers at Morrison Foerster go by) worked the midnight oil to prepare an excellent Opposition statement filed before the court. Short version: No fricken’ way we are taking the logo down. As our lawyer said, our logo is a “sassy” parody of their logo.
We continue to be entertained by the Prop 8 attorneys simultaneously admitting that the two images of gay parents and straight parents are “substantially indistinguishable,” and yet failing to grasp that that the difference between the logos illuminates the core difference between their views and ours.
Here is their Complaint/TRO:
[scribd id=25495062 key=key-1fe2b4ed71e6mj1cdp12]
And our Opposition statement:
[scribd id=25493691 key=key-28u014ykfbpsq1owc5lx]
We issued a press release not long ago that had the following quotes from Rick Jacobs. Any and all bloggers are welcome to grab them and use them.
The Courage Campaign Institute will continue to focus our energy on this historic trial and the rights and protections at stake for loving, committed same-sex couples. ProtectMarriage.com can continue to expend time, energy and resources on a logo. Frankly, I think that says a lot about our respective priorities.
We thought that our response laying out the tremendous legal precedent in cases like this would be the end of this silliness. But we are more than happy to defend our case if Prop 8 supporters continue to argue that the difference between their logo and ours is “substantially indistinguishable,” given that their logo features a father and mother and our logo features two mothers.
This is yet another attempt by Prop 8 supporters to distract from the facts being brought forth at this trial that are demonstrating quite clearly both the discrimination same-sex couples face and the need and benefit to society of equal treatment under the law.
And here are the two logos.
Just so we are clear on intent. We asked our graphic designer for a lesbian couple, not two men in drag.