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The California Supreme Court announced [yesterday] that it will hear oral arguments on Thursday, March 5, 2009 in the Proposition 8 legal challenge. The National Center for Lesbian Rights, Lambda Legal, and the ACLUâ"with support from civil rights groups, religious organizations, labor unions, and legal scholarsâ"argue that Proposition 8 is invalid because the people of California have established strict safeguards that prohibit the underlying principles of the California Constitution from being changed by a simple majority vote. By taking away a right only from one group, Proposition 8 violates the most basic principle of our government: that all people are entitled to equal treatment under the law.
California Attorney General Jerry Brown is also asking the Court to invalidate Proposition 8 on the ground that certain fundamental rights, including the right to marry, are inalienable and can not be put up for a popular vote.
On November 10, 2008, Governor Arnold Schwarzenegger stated that he hoped the Court would overturn Proposition 8. On CNN, he said of Proposition 8's passage, "It's unfortunate, obviously, but it's not the end, I think that we will again maybe undo that, if the court is willing to do that, and then move forward from there and again lead in that area."
On November 19, 2008, the California Supreme Court agreed to hear the legal challenges to Proposition 8 and set an expedited schedule. Briefing in the case was completed on January 21, 2009.
The California Supreme Court must issue its decisions within 90 days of oral argument.
On January 15, 2009, 43 friend-of-the-court briefs urging the Court to invalidate Prop 8 were filed, arguing that Proposition 8 drastically alters the equal protection guarantee in California's Constitution and that the rights of a minority cannot be eliminated by a simple majority vote. The supporters represent the full gamut of California's and the nation's civil rights organizations and legal scholars, as well as California legislators, local governments, bar associations, business interests, labor unions, and religious groups.
In May of 2008, the California Supreme Court held that laws that treat people differently based on their sexual orientation violate the equal protection clause of the California Constitution and that same-sex couples have the same fundamental right to marry as other Californians. Proposition 8 eliminated this fundamental right only for same-sex couples. No other initiative has ever successfully changed the California Constitution to take away a right only from a targeted minority group. Proposition 8 passed by a bare majority of 52 percent on November 4.
The National Center for Lesbian Rights, Lambda Legal, and the ACLU filed this challenge on November 5, representing Equality California, whose members include many same-sex couples who married between June 16 and November 4, 2008, and six same-sex couples who want to marry in California. The California Supreme Court has also agreed to hear two other challenges filed on the same day: one filed by the City and County of San Francisco (joined by Santa Clara County and the City of Los Angeles, and subsequently by Los Angeles County and other local governments); and another filed by a private attorney.
Serving as co-counsel on the case with NCLR, Lambda Legal, and the ACLU are the Law Office of David C. Codell, Munger, Tolles & Olson LLP, and Orrick, Herrington & Sutcliffe LLP.
This was shared with us today by Dave Parker, former president of PFLAG's Transgender Network (TNET)...
"Just two weeks ago, Cynthia Nicole was gunned down in the streets of Hondurasâ"three shots to the chest, one to the headâ"because she was a transgender human rights activist, according to the Human Rights Watch website. A familiar story, it said, in Nepal, Africa, Guatemala, the United Statesâ"well, everywhere it seems, exceptâ¦Columbus?"
According to this article in The Other Paper, Columbus, Ohio is becoming a hot spot for transgender people seeking a community that is open, tolerant and provides legal protections.
For example, the city ordinances protect âgender identity or expression,â which means, âhaving or being perceived as having gender-related identity, appearance, expression, or behavior, whether or not that identity, appearance, expression, or behavior is different from that traditionally associated with the personâs actual or perceived sex.â
One resident told The Other Paper, "Over the years, I have worked with many people from other states, as far as Texas and Virginia, and from big cities, such as Chicago and Detroit from where trans people have traveled or moved to Columbus because they could not find help where they lived."
Check out the rest of this intriguing article. And if you live in or have visited Columbus, give us your opinions and thoughts about the city!

According to this article in The Other Paper, Columbus, Ohio is becoming a hot spot for transgender people seeking a community that is open, tolerant and provides legal protections.
For example, the city ordinances protect âgender identity or expression,â which means, âhaving or being perceived as having gender-related identity, appearance, expression, or behavior, whether or not that identity, appearance, expression, or behavior is different from that traditionally associated with the personâs actual or perceived sex.â
One resident told The Other Paper, "Over the years, I have worked with many people from other states, as far as Texas and Virginia, and from big cities, such as Chicago and Detroit from where trans people have traveled or moved to Columbus because they could not find help where they lived."
Check out the rest of this intriguing article. And if you live in or have visited Columbus, give us your opinions and thoughts about the city!

âThe passage of Prop 8 in California has motivated LGBT people and their supporters like never before,â said Amy Balliett of Join the Impact, a grass roots organization with more than 15,000 members that has helped to organize massive demonstrations throughout the U.S. since the November elections. âNow that weâve had some time to get over our anger and sadness, weâre ready to act. And the single most important thing we can do to guarantee we donât find ourselves on the losing side of another political campaign is to have conversations with our friends and family about what it means to be LGBT.â
Other organizations, including the American Civil Liberties Union; Equality California; the Equality Federation; Freedom to Marry; The National Lesbian and Gay Task Force; the National Center for Lesbian Rights; and Parents, Families, and Friends of Lesbians and Gays, will be rolling out their own versions of the campaign on their websites. The goal of the campaign is for all LGBT groups and individuals to seize upon the momentum that has been generated since the passage of Proposition 8 in November and work together to tell their stories to build support for all of the issues affecting LGBT people.
Visitors to http://www.tell-three.org/ can find additional information on who to talk with and how to start these important conversations. There are also resources for those who want to learn more about the issues affecting LGBT people. But, as the website notes, the most important thing is for people to have personal conversations. The website encourages LGBT people to talk about their relationships, about growing up, and about how being LGBT has made them feel different from others in some respects and the same in others. Straight allies are encouraged to talk about their relationships with LGBT people and to speak up when they hear others make homophobic or transphobic comments.
The groups are encouraging everyone â" members of national and local LGBT groups, individuals and couples supportive moms and dads, and allied friends and colleagues â" to join the campaign and get people talking. The site makes it easy to spread the word to others to send an e-mail to their friends. Eventually there will also be opportunities for people to share their experiences on the site.
The groups are encouraging everyone â" members of national and local LGBT groups, individuals and couples supportive moms and dads, and allied friends and colleagues â" to join the campaign and get people talking. The site makes it easy to spread the word to others to send an e-mail to their friends. Eventually there will also be opportunities for people to share their experiences on the site.
For more information, or to participate, visit http://www.tell-three.org/.
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