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District court: Prop 8 trial tapes to be released August 12

Prop 8

A federal district court judge will not keep the tapes from the Prop 8 trial sealed past August 12, 2020. The fight for public access to video of the trial began at the outset of the trial when courts all the way up to the Supreme Court refused to allow public video of the proceedings.

The order notes that the court won’t issue a stay, but that the proponents of Prop 8, California’s former same-sex marriage ban, can quickly ask the Ninth Circuit for a stay.

Thanks to Equality Case Files for these filings


  • 1. JayJonson  |  July 9, 2020 at 12:47 pm

    So glad to read that the tapes will be released. There was never any valid reason to seal them, and certainly not after the appeals were exhausted.

  • 2. VIRick  |  July 9, 2020 at 4:59 pm

    Supreme Cout: Eastern Half of Oklahoma Deemed a Native American Reservation

    On 9 July 2020, the US Supreme Court recognized about half of Oklahoma as Native American reservation land and overturned a tribe member’s rape conviction because the location where the crime was committed should have been considered outside the reach of state criminal law.

    The justices ruled 5-4 in favor of a man named Jimcy McGirt and agreed that the site of the rape should have been recognized as part of a reservation based on the historical claim of the Muscogee (Creek) Nation, and thus beyond the jurisdiction of state authorities.

    The decision means that, for the first time, much of eastern Oklahoma is legally considered reservation land. More than 1.8 million people live in the land at issue, including roughly 400,000 in Tulsa, Oklahoma’s second-largest city.

    Conservative Justice Neil Gorsuch wrote the ruling, joining the court’s four liberals in the majority.

  • 3. Fortguy  |  July 9, 2020 at 6:05 pm

    Unfortunately, this ruling stands to jeopardize the marriages of any gay and lesbian tribal couples married under Oklahoma law since the tribe bans same-sex marriages and does not recognize such marriages performed by other jurisdictions.

    Per Wikipedia

  • 4. VIRick  |  July 9, 2020 at 8:21 pm

    Oklahoma: All Tribal Jurisdictions and Same-Sex Marriage

    All of these Nations explicitly allow for same-sex marriage:
    The combined Cheyenne and Arapaho Tribes in Oklahoma (2013), the Cherokee Nation in Oklahoma (2016), including the United Keetoowah Band of Cherokee Indians, and the Osage Nation in Oklahoma (2017).

    All of these tribes have same-sex marriage under the Code of Federal Regulations:
    The Apache Tribe of Oklahoma, Caddo Nation of Oklahoma, Delaware Nation and Delaware Tribe of Indians, Eastern Shawnee Tribe of Oklahoma, Fort Sill Apache Tribe of Oklahoma, Kiowa Indian Tribe of Oklahoma, Miami Tribe, Modoc Tribe of Oklahoma, Otoe-Missouria Tribe of Indians, Ottawa Tribe of Oklahoma, Peoria Tribe of Indians of Oklahoma, Seneca-Cayuga Tribe of Oklahoma, Shawnee Tribe, Wichita and Affiliated Tribes of Indians, and the Wyandotte Tribe of Oklahoma.

    These Nations recognize all legal marriages performed elsewhere in the state:
    The Absentee-Shawnee Tribe of Oklahoma, Comanche Nation, Iowa Tribe of Oklahoma, Kickapoo Tribe of Oklahoma, Pawnee Nation of Oklahoma, Quapaw Nation, and the Sac and Fox Nation.

    The Kaw Nation uses gender-neutral language which can be interpreted to allow for same-sex marriage, while the Ponca Nation which shares a joint-use area, has uncertain language. At minimum, both recognize all legal marriages performed elsewhere in the state.

    These 5 Nations prohibit same-sex marriages and do not recognize such marriages performed elsewhere:
    The Chickasaw Nation, Choctaw Nation, Muscogee (Creek) Nation, Seminole Nation, and the Citizen Potawatomi Tribe. These 5 tribal jurisdictions form a large, contiguous bloc occupying the entire southeastern quadrant of the state.

    The Tonkawa Tribe of Indians of Oklahoma was not mentioned, and appears to have been accidentally skipped, as there are 35 recognized tribal nations in the state.

    In looking at a tribal map of Oklahoma, it would seem that at least 3/4 of the state falls under tribal jurisdiction, and not just its eastern half, as the entire southwestern quadrant is tribal, too.

  • 5. VIRick  |  July 10, 2020 at 2:39 pm

    Chile: Civil Registry Registers Two Women as Mothers on Child's Birth Certificate

    Per Fundación Iguales and Gigliola Di Giammarino:

    Hoy, el 10 de julio 2020, el Registro Civil realizó la inscripción de nuestra directora, Emma de Ramón, en la partida de nacimiento de su hijo Attilio, reconociendo por primera vez una familia con dos mamás.

    Today, 10 July 2020, the Civil Registry registered our director, Emma de Ramón, on the birth certificate of her son Attilio, recognizing for the first time a family with two mothers.

    In this instance, the birth mother had already been listed on the child's birth certificate, but until now, Emma, the non-birth mother, was not. It took a favorable court ruling before the Civil Registry would comply. This couple is not married, and do not even have an AUC.

    However, this is actually the second instance in Chile whereby a same-sex couple won this right through a favorable court ruling. Quite recently, a married male couple won the same right to have both men's names placed on their two adopted children's birth certificates. In this case, the Civil Registry has already complied.

    Note: "La partida de nacimiento" is Chilean Spanish for "la acta de nacimiento" in Mexican Spanish, or "el certificado de nacimiento" in Castellano. All equal "birth certificate" in English.

  • 6. VIRick  |  July 10, 2020 at 6:13 pm

    Third Federal Suit Filed over Rescission of ACA Transgender Health Care Provisions

    On Thursday, 9 July 2020, several advocacy groups filed a third federal lawsuit against the Trump administration over its decision to remove transgender protections from the Affordable Care Act. Boston Alliance of Gay, Lesbian, Bisexual, and Transgender Youth; Callen-Lorde Community Health Center; Campaign for Southern Equality; Equality California; Fenway Health; and the Transgender Emergency Fund are plaintiffs in the lawsuit that the Transgender Legal Defense and Education Fund; the Transgender Law Center; the National Women’s Law Center; the Harvard Law School’s Center for Health Law and Policy Innovation; and the private law firm of Hogan Lovells filed on their behalf in the US District Court for the District of Massachusetts.. Darren Lazor, a trans man who lives near Cleveland, is also named as a plaintiff.

    The Obama administration under Section 1557 of the Affordable Care Act determined that discrimination based on sex applied to transgender individuals. On 12 June 2020, the US Department of Health and Human Services announced that the Trump administration’s plan to reverse the rule had been made final. Three days later, in "Bostock," the US Supreme Court ruled that Title VII of the Civil Rights Act of 1964, "because of . . . sex," bars employment discrimination based on gender identity and sexual orientation.

    By inference, said ruling also applies to non-discrimination in housing, given that the Fair Housing Act contains the same language, and to non-discrimination in healthcare, given that the self-same ACA does, as well. In addition, a press release that announced the lawsuit further notes that the reversal of the Affordable Care Act policy “violates the Administrative Procedures Act by being contrary to law and arbitrary and capricious.”

  • 7. ianbirmingham  |  July 12, 2020 at 2:55 pm

    Poland's incumbent President Andrzej Duda holds a slim lead after Sunday's presidential election, according to an exit poll.

    The vote is being described as the closest result since the fall of communism in 1989.

    The exit poll suggests Mr Duda, an ally of the conservative government, has 50.4% of the vote, well within the margin of error.

    He was pitted against the socially liberal Warsaw mayor Rafal Trzaskowski.

    The vote has been widely seen as a battle for the country's future as well as its strained relations with the European Union.

    Mr Trzaskowski received 49.6% of the vote, according to the exit poll, which pollster Ipsos said had a margin of error of two percentage points. Official results are expected on Monday.

  • 8. VIRick  |  July 12, 2020 at 7:32 pm

    Netherlands to Issue Genderless National Identification Cards

    The Netherlands will stop including any gender marker at all on national identification cards. The move is part of a broader plan to limit the need for gender identification in government paperwork.

    A growing number of countries, including India, Australia, and Canada, as well as the Netherlands, already allow people to choose a gender "X" marker in the place of “M” or “F” if the latter two don’t fit them.

    In Germany, national ID cards already omit gender. In the Netherlands, the change on their national IDs is planned to commence in 2024 or 2025, but will not apply to passports.

  • 9. VIRick  |  July 12, 2020 at 9:24 pm

    Double Entendre Quote of the Day on 10th Anniversary of Marriage Equality in Argentina

    Per El Flaco Legal, humorista de Buenos Aires:

    Yo milité la ley de matrimonio igualitario porque no es justo que solo se jodan los heterosexuales. Si nos vamos a joder, nos jodemos todos.

    I militated for the marriage equality law because it is not just (fair) that only heterosexuals can screw up (fuck themselves). If we are going to screw up, we fuck it up for everyone.

    Note: "Joder" can be both reflexive (figuratively used, "screw up") and non-reflexive (literally used, "fuck"), and can be played back and forth, as was done here. I also found it hilarious to note that a raw Mexican favorite had been refined and redefined through the sophisticated linguistic style of Argentina.

  • 10. ianbirmingham  |  July 13, 2020 at 2:52 am

    Exit Polling Map: Homophobic Duda is popular in Eastern Poland, while LGBT-friendly Trzaskowski is popular in Western Poland

  • 11. ianbirmingham  |  July 13, 2020 at 3:01 am

    Poland's Duda narrowly beats Trzaskowski in presidential vote

    Mr Duda's win is expected to lead to further controversial reforms to the judiciary and continued opposition to abortion and gay rights.

    During the campaign, Mr Duda came under heavy criticism after he said LGBT rights were an "ideology" more destructive than communism.

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