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BREAKING: Prop 8 hearing open thread

Prop 8 Prop 8 trial

Today a federal district court hears a case on a request by media to unseal the video of the Prop 8 trial.

EOT couldn’t attend, but Equality Case Files were able to go. The judge appears to be allowing live-tweeting, so if you follow them @EQCF they should be able to post.

All the briefs are here.

UPDATE:

I’m getting clarification about the date the ten year period would start.

UPDATE 2:

40 Comments Leave a Comment

  • 1. scream4ever  |  June 28, 2017 at 6:15 pm

    Is that 10 years from opening arguments (January 11, 2020), or 10 years from closing arguments (June 16, 2020)?

  • 2. VIRick  |  June 28, 2017 at 9:38 pm

    Jalisco: Quick Up-Date on Same-Sex Marriage

    Per Luis Guzman:

    Desde febrero del 2016 a la fecha, de las 374 parejas del mismo sexo que se han casado en Jalisco, 75% lo han hecho en la zona metropolitana de Guadalajara.

    From February 2016 to date, of the 374 same-sex couples who have married in Jalisco, 75% of them have done so in the metropolitan area of Guadalajara.
    https://twitter.com/hashtag/matrimonioigualitario

    But in addition, despite the Supreme Court ruling against Jalisco, and the fact that, to date, 374 same-sex couples have married in the state because of that ruling, the Jalisco state congress has yet to alter and up-date their civil code to legalize same-sex marriage.

  • 3. scream4ever  |  June 28, 2017 at 11:18 pm

    As far as I'm concerned, same-sex marriage is de-facto legal nationwide in Mexico as no justice can refuse a request.

  • 4. DevilWearsZrada  |  June 28, 2017 at 11:32 pm

    Even if one can claim so it's not a 'normal' legality as different-sex couples may go to a civil registrar, not to a judge, and don't spend money on amparos.

  • 5. VIRick  |  June 29, 2017 at 11:59 am

    "…. same-sex marriage is de-facto legal nationwide in Mexico …."

    Agreed. The fact that the Jalisco state congress has yet to up-date their civil code (likewise, for the one in Chihuahua) to reflect this reality is simply one of those "messy" loose ends for which Mexico has become famous.

    With 11 of Mexico's 32 jurisdictions having legalized marriage equality, and with all of them being required to recognize any/all legal marriages performed elsewhere in Mexico, same-sex couples simply need to visit one of those 11 jurisdictions, and marry there. I am certain that the travelling judge from Cuauhtémoc, Colima, is still providing her services, as are the state-provided gay-friendly services offered in Saltillo, Coahuila, and in Cuernavaca, Morelos. Furthermore, for couples wishing to have a splashy wedding service, a business calling itself DiverCity.Mx regularly "advertises" on Matrimonio Igualitario, stating that they can provide an entire wedding package for couples wishing to marry in Mexico City, in Cancún, Quintana Roo, or in Nuevo Vallarta, Nayarit.

    Matrimonio Igualitario: Te quieres casar en CdMx, Cancún o NvoVallarta? Escribe un correo a TuBoda@DiverCity.Mx
    https://twitter.com/hashtag/matrimonioigualitario

  • 6. ianbirmingham  |  June 29, 2017 at 1:19 pm

    The Iranian Regime Makes War on Queers: Homosexuals and other sexual minorities face increasingly dire circumstances under the repressive Shiite theocracy
    http://www.tabletmag.com/jewish-news-and-politics

  • 7. VIRick  |  June 29, 2017 at 2:37 pm

    German Parliamentary Vote in Marriage Equality

    Per Rex Wockner:

    Germany's parliament will be voting on marriage equality early tomorrow morning, at 8 AM (German time), on 30 June 2017, that is, at 2 AM EDT (NY time), or 11 PM PDT (LA time). The actual vote will be taken following 38 minutes worth of debate. The measure is expected to pass.

    The vote will be live-streamed at:
    http://www.bundestag.de/

  • 8. VIRick  |  June 29, 2017 at 3:48 pm

    Millions Are Arriving in Madrid for World Pride

    People from across the globe are descending on Madrid to celebrate World Pride, which convenes in a new city every alternating year. 2017 marks the 40th anniversary of the first LGBTIQ march.
    https://www.advocate.com/pride/2017/6/29/millions

    Madrid Mayor: WorldPride is ‘More than a Party’

    Madrid – On Wednesday, 28 June 2017, Madrid Mayor Manuela Carmena reaffirmed her administration’s support of LGBT and intersex rights. “It is necessary that we reaffirm happiness, love, sexuality,” she said during her remarks at a WorldPride conference reception that took place at Cibeles Palace at the close of the LGBT summit which began on Friday, 23 June 2017.

    WorldPride is expected to draw up to three million people to the Spanish capital this week. It will culminate in a parade on Saturday, 1 July 2017, that will stretch from Atocha to Plaza de Colón. “It is a celebration that is always more than a party,” said Carmena at the earlier conference reception that more than 1,000 delegates from around the world attended.
    http://www.washingtonblade.com/2017/06/29/madrid-

  • 9. VIRick  |  June 29, 2017 at 4:17 pm

    Marriage Equality Bill Introduced to Jalisco Congress

    Per Claudia Delgadillo:

    Hoy día, 29 de junio 2017, estuvimos en una rueda de prensa y presentamos en el congreso de Jalisco la iniciativa para reconocer el matrimonio igualitario en el estado.
    https://twitter.com/hashtag/matrimonioigualitario

    Today, 29 June 2017, we held a press conference and presented to the Jalisco Congress the initiative to recognize marriage equality in the state.

    Claudia Delgadillo (PRI) currently represents Guadalajara as a Deputy in the Federal Chamber of Deputies.

  • 10. scream4ever  |  June 29, 2017 at 4:21 pm

    Wow just 38 minutes!

    There's talk of a possible constitutional challenge, but I don't think it'll go through. Even if it does, it would just require a 2/3 vote to change the constitution, something which very well could be achieved anyways.

  • 11. VIRick  |  June 29, 2017 at 5:28 pm

    Ecuador: Presidential Palace Illuminated in Rainbow Colors

    Per Presidencia ECU:

    El Palacio de Carondelet (en Quito) se ilumina al recordar el Día Internacional del Orgullo LGBTI.
    https://twitter.com/Presidencia_Ec/status/8802699

    The Palace of Carondelet (in Quito) is illuminated to remember the International Day of LGBTI Pride.

    Presidencia ECU = Cuenta Oficial de Presidencia de la República del Ecuador

    This gesture is being seen as a significant, positive shift in attitude on the part of the newly-elected president, Lenín Moreno, one which is quite distinct from the homophobic negativity of the previous president, Rafael Correa.

  • 12. VIRick  |  June 29, 2017 at 5:49 pm

    Marriage Equality Up-Date: Misiones, Argentina

    Per Radioactiva 1007:

    Matrimonio Igualitario en Misiones: Alejandra Soto, directora del Registro Provincial de las Personas, dijo, "Desde que está en vigencia la ley, se registraron solamente 60 matrimonios (del mismo sexo) y son en su mayoría femeninos."
    https://twitter.com/radioactiva1007/status/880409

    Marriage Equality in Misiones: Alejandra Soto, director of the Provincial Registry of Persons, stated, "Since the law has been in effect, only 60 (same-sex) marriages have been registered and the majority are female."

    Misiones Province is the "thumb" of Argentina, sandwiched between Paraguay and Brasil. Marriage equality has been in effect nationwide in Argentina for just under 7 years (since 22 July 2010).

  • 13. VIRick  |  June 29, 2017 at 6:37 pm

    Serbia: Gay Politician Takes Office as New Prime Minister

    History has been made in Serbia, as out politician Ana Brnabić takes office as the country’s Prime Minister. Ms Brnabić, 41, was nominated for the position two weeks ago by right-wing President Aleksandar Vučić, and today, 29 June 2017, her nomination as Prime Minister was approved by a parliamentary vote of 157 to 55.

    The politician had already made history as the country’s first gay cabinet minister, when Vučić appointed her to be Minister for Public Administration.
    http://www.pinknews.co.uk/2017/06/29/gay-politici

  • 14. allan120102  |  June 30, 2017 at 12:15 am

    Breaking Germany becomes the 23th country were same sex couples may marry. http://www.itv.com/news/2017-06-30/germany-legali

  • 15. ebohlman  |  June 30, 2017 at 12:29 am

    It passed.

  • 16. Fortguy  |  June 30, 2017 at 12:29 am

    Someone has updated Wikipedia's world-wide map, but not the Europe-specific map at this writing. Neither article has been updated nor has been the Germany-specific article.

    Allan's source article has no info about when the law becomes effective. Anyone know?

  • 17. guitaristbl  |  June 30, 2017 at 12:45 am

    I see my american friends are up late :-) Yes it is official apparently but the point now is implementation in the face of opposition from CDU conservatives and the CSU.

  • 18. Fortguy  |  June 30, 2017 at 12:49 am

    Please explain.

  • 19. Fortguy  |  June 30, 2017 at 12:56 am

    According to the Wikipedia article regarding same-sex unions in Germany now updated, the legislation requires the signature of the German president and will be effective the first day of the third month following. Does this mean that there may be a month-long delay if the president signs it tomorrow on the 1st or later than if today the 30th?

  • 20. SethInMaryland  |  June 30, 2017 at 1:58 am

    Well 2017 is actually a really nice so far Bahamas , Taiwan , Germany , and I'm sure more that I can't remember

  • 21. JayJonson  |  June 30, 2017 at 5:55 am

    On a vote of 393-226, Germany's Bundestag has ratified marriage equality. The upper house must also approve and the president must sign before the measure becomes law. It is expected that the first same-sex marriages will be performed in early fall. Chancellor Merkel deserves credit for making the vote possible, but she cast her vote against marriage equality. https://www.nytimes.com/2017/06/30/world/europe/g

  • 22. JayJonson  |  June 30, 2017 at 6:11 am

    It also has to pass the upper house, the Bundesrat, which is largely a formality. From there it goes to the president for his signature. Early fall is apparently the earliest it will go into effect. Don't know if that means before or after the September elections. Merkel voted no, while the leader of the SPD, her main rival, was the chief champion of the new law in the debate. Will her no vote hurt her in the election?

  • 23. allan120102  |  June 30, 2017 at 6:47 am

    I think you mean Bermuda.

  • 24. GregInTN  |  June 30, 2017 at 8:13 am

    Texas Supreme Court throws out ruling that favored same-sex marriage benefits
    https://www.texastribune.org/2017/06/30/texas-sup

    The Texas Supreme Court on Friday threw out a lower court ruling that said spouses of gay and lesbian public employees are entitled to government-subsidized same-sex marriage benefits. The state's highest civil court ordered a trial court to reconsider the case.

    Link to decision: https://www.lambdalegal.org/in-court/legal-docs/t

  • 25. SethInMaryland  |  June 30, 2017 at 8:39 am

    Yep accident

  • 26. JayJonson  |  June 30, 2017 at 9:19 am

    I should think that the SCOTUS per curiam decision in Pavan v. Smith (the Arkansas birth certificate case) will be sufficient for a federal district court to overrule the Texas Supreme Court quite quickly. I doubt that SCOTUS, even with Gorsuch in place, will grant cert to any appeal when the district court overrules the Texas Supreme Court.

  • 27. guitaristbl  |  June 30, 2017 at 10:13 am

    They learned nothing from the Arkansas case on Monday ? What a waste of judicial resources…

  • 28. GregInTN  |  June 30, 2017 at 10:29 am

    By sending it back to a Texas state trial court, it will take more time before it reaches the Texas Supreme Court again. By the time it does, there may have been an opportunity for the current President to fill another SCOTUS seat that is currently held by one of the Obergefell majority.

  • 29. Zack12  |  June 30, 2017 at 10:45 am

    Congrats to Germany!

  • 30. Zack12  |  June 30, 2017 at 10:45 am

    That is exactly what they are hoping for.

  • 31. scream4ever  |  June 30, 2017 at 10:49 am

    But wouldn't it go to federal court now?

  • 32. JayJonson  |  June 30, 2017 at 12:11 pm

    Yes, if I were the plaintiffs, I would go directly to federal court.

  • 33. VIRick  |  June 30, 2017 at 12:40 pm

    In order to become law, a bill must pass both houses of the German parliament, the Bundestag and the Bundesrat, and then be signed by the President. Previously, the stumbling-block has always been the CDU/CSU-controlled Bundestag.

    However, back in 2015, the Bundesrat passed a marriage equality bill. Is this the same bill which has just now been passed the Bundestag? Here's what I have in my archives on that earlier effort:

    Germany: Bundesrat Approves Same-Sex Marriage Bill (in 2015)

    Today, 25 September 2015, Germany’s Bundesrat approved a same-sex marriage bill. The Bundesrat is comprised of representatives from Germany’s 16 states. The German federal council (Bundesrat) has approved the bill recognizing same-sex marriage by a majority of votes from representatives of the country’s major political parties.

    The bill, which includes reforms to German civil law, was submitted by the governments of five federal states, which are dominated by the coalition of the Social Democrats, the Greens and the Left, EFE news reported.

    Brief history: On 5 June 2015, the states of Baden-Württemberg, North Rhine-Westphalia, Rhineland-Palatinate, Schleswig-Holstein, and Thuringia submitted a bill to the Federal Council (Bundesrat). On 12 June 2015, it had its first reading and was sent to the committees. It was approved on second reading, and has now been sent to the Federal Diet (Bundestag) today, 25 September 2015.

    So, did this bill sit there, languishing in the Bundestag for almost 2 years, and has only now been approved? I am thinking that that might well be the case.

    If so, the bill still needs the signature of the German president, and as already pointed out, will go into effect as law on the first day of the third month following that signing. If the president signs it today, the law will go into effect on 1 September 2017. If he waits and signs it tomorrow, it will have effect from 1 October 2017.

    However, if we have to wait for the Bundesrat to (once again) formally approve the current measure, then the earliest effective date for implementation becomes 1 October 2017. The current bill, just passed in the Bundestag, also includes full adoption rights. The previous one, passed by the Bundesrat in 2015, does not indicate that it also included adoption.

  • 34. GregInTN  |  June 30, 2017 at 12:50 pm

    The plaintiffs in this case are the two individuals who don't want their taxes to go toward benefits for the same-sex spouses of city employees. In view of the Arkansas case, they are unlikely to be in a hurry to get into the federal court system.

  • 35. VIRick  |  June 30, 2017 at 1:26 pm

    According to Rex Wockner's very carefully compiled and researched listing, the following independent nations, dependent territories, and assorted oddments have all implemented same-sex marriage legislation thus far in 2017:

    Finland, Faroe Islands, Guernsey, Falkland Islands, and Bermuda (with Gibraltar barely managing to be counted as 2016).

    And although the positive court ruling for marriage equality in Taiwan was a major win, marriage equality itself has not yet been implemented there.

    Rex also estimates that the marriage equality law in Germany will come into force on or around 1 November 2017.
    https://wockner.blogspot.com/

    Note: Bermuda was a court ruling with immediate effect.

    Next up: Malta.

  • 36. scream4ever  |  June 30, 2017 at 1:59 pm

    Hopefully Chile by year's end as well!

  • 37. Zack12  |  June 30, 2017 at 2:16 pm

    I don't want my tax dollars going to support bigots like them.
    Where do I go to file my lawsuit?

  • 38. JayJonson  |  June 30, 2017 at 2:43 pm

    The defendants, then–i.e., the parties who lost at the Texas Supreme Court–should go directly to federal court. The Texas Supreme Court is clearly wrong here in its interpretation of Obergefell.

    Lambda Legal, which filed an amici brief in the case, is now consulting with the City of Houston attorneys as to the next steps to be followed.

    From Lambda Legal's account of the case: "Pidgeon’s journey to the Texas Supreme Court began in late 2013 when two Houston taxpayers – Jack Pidgeon and Larry Hicks – sued Mayor Parker and the City of Houston after city officials determined that an earlier U.S. Supreme Court ruling, U.S. v. Windsor, striking down part of the so-called Defense of Marriage Act (DOMA), required that benefits be equally available to the legal different-sex or same-sex spouses of city employees.

    A Texas state district judge initially ruled in favor of Pidgeon and Hicks, but the Texas 14th Court of Appeals overturned that decision in the wake of the U.S. Supreme Court’s Obergefell ruling.

    Pidgeon and Hicks then petitioned the Texas Supreme Court for review, which initially declined to hear the case. However, after a concerted campaign lead by Texas Gov. Greg Abbott, Lt. Gov. Dan Patrick and Attorney General Ken Paxton, the Court reversed itself and agreed to hear the case. That hearing took place on March 1, 2017.

    Lambda Legal, joined by GLBTQ Advocates & Defenders, National Center for Lesbian Rights, the American Civil Liberties Union and the American Civil Liberties Union of Texas, filed a friend-of-the-court brief with the Texas Supreme Court in the case, urging the court to apply the Obergefell as the U.S. Supreme Court clearly meant it to be applied."

  • 39. VIRick  |  June 30, 2017 at 3:11 pm

    Both Chile and Panamá, with possibilities for Costa Rica, Venezuela, Ecuador,– even Perú and Bolivia, now that the highest courts in both Perú and Bolivia have ruled favorably for transgender rights, including marriage.

  • 40. Gerald Baum  |  July 20, 2017 at 12:21 am

    Is that 10 years from opening contentions (January 11, 2020), or 10 years from shutting contentions (June 16, 2020)?

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