Guest blogged by Ernest A. Canning

On Tuesday, a divided three judge panel of the U.S. 9th Circuit Court of Appeal ruled that California's Proposition 8 ban on same-sex marriage --- a right that had otherwise previously existed for same sex couples in the state --- violates the Equal Protection Clause of the 14th Amendment of the U.S. Constitution.

The majority opinion in Perry vs. Brown [PDF] this week decided an issue that was so narrow and so tightly crafted to meet the criteria of a 1996 U.S. Supreme Court decision, Romer v. Evans, that it minimized the chances that the U.S. Supreme Court will decide to hear the case, let alone reverse the decision.

As we examine the future course of the Prop 8 litigation, it's appropriate, if only briefly --- while this particular issue remains far away in the rear view mirror --- to offer a reminder of the still unresolved question as to whether CA voters actually approved the controversial measure at the ballot box in the first place...

Missed this late last week, but it's still well-worth flagging here...particularly for all of the pretend "conservatives" who visit this blog.

Here's UK Prime Minister David Cameron speaking at last week's annual Conservative Party conference in Manchester [hat-tip Towleroad]...

So, again, with the vast majority of self-identified "conservatives" in the U.S. not actually conservative at all, and most "liberals" not particularly liberal, we know why Rightwing media love to use those completely misleading labels, but what's the pathetic excuse for the rest of the media doing so?

Last night, at Niagra Falls, where two grandmothers were the first to be married at one second after midnight, as New York welcomed marriage equality to the Empire State...

[Photo courtesy Lance Bass of 'N Sync.]

P.S. Yes, I'm still buried in work on the series of exclusives I've cryptically alluded to previously (here and here), even while prepping to guest host tomorrow night's Mike Malloy Show again. So your patience while I'm otherwise distracted with those important items continues to be much appreciated!

The Reuters story on Newt Gingrich --- serial adulterer, currently on his third marriage --- decrying New York's newly adopted marriage equality law was amusing and ironic enough on its own...even without the terribly unfortunate, if indescribably delightful, typo in the third paragraph...

Moments ago, the New York state Senate approved a marriage equality bill by a vote of 33 to 29. The legislation, previously approved in the state Assembly, will result in NY becoming the sixth state where same-sex marriage is allowed.

After Democratic Gov. Andrew Cuomo signs the bill, as expected, New York will join Massachusetts, Iowa, New Hampshire, Vermont, Connecticut and Washington D.C. in recognizing equal justice for all, as per the U.S. Constitution, in regard to marriage.

The right to marry was confirmed by conservative Supreme Courts in both California and Maine, but in each state, ballot initiatives were passed in hopes of nullifying that right. California's Prop 8, a state constitutional amendment banning equal marriage rights, has since been found unconstitutional in federal court, and is likely to be decided, eventually, in the U.S. Supreme Court.

NY's state Senate is the first legislative body with a Republican-majority to approve a bill for marriage equality.

The victory for real conservatives will result in a doubling of the number of Americans guaranteed equal marriage rights under the law.

And, once again, as a service to fake conservatives --- such as those who oppose equal rights for gay, fellow citizens, to marry each other --- a reminder: Even once this bill is signed into law, gay marriage will remain optional, not mandatory, in the state of New York.

UPDATE 9:18pm PT: Via AP...

...And the Empire State Building is lit in rainbow colors in celebration.

[Now UPDATED with audio archives below...]

We're back guest hosting the nationally syndicated Mike Malloy Show for the next few weeknights --- tonight through next Tuesday! Hope you can join us!

We'll be BradCasting LIVE 9pm-Mid ET (6p-9p PT) each night, coast-to-coast and around the globe from the studios of L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE and lively chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight (so far):

• FRED KARGER, the GOP 2012 Presidential candidate who has filed a "voter fraud" complaint against GOP front-running Mitt Romney in MA. Karger, as the first openly gay Presidential candidate from a major party is also an activist, who organized boycotts against many of the corporate supporters of CA's Prop 8 banning marriage equality in the state. LIVE IN STUDIO!
• ERNEST CANNING, attorney and The BRAD BLOG's legal correspondent on the recent incitement to violence/murder by Rightwing broadcaster Neil Boortz over our public airwaves.
• PLUS: Media and Democratic Party idiocy over Anthony Weiner; good (and bad) news on Constitutional rights; Bush admin CIA targeted an American middle-east expert/blogger; Fake civil war in the Republican/U.S. Chamber of Commerce Party; and much more, including whatever's on your mind via calls to 877-520-1150 and tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on Sirius Ch. 146 & XM Ch. 167. You may also listen online to the free LIVE audio stream at affiliate GREEN 960 in San Francisco or via MikeMalloy.com.

POST-SHOW UPDATE: Fast-paced show, with a GREAT interview with Fred Karger right in the middle! Be sure to give it a listen! The audio archives (and chat room archives) follow below. See ya again tomorrow night!...

Good news for Constitutional conservatives such as myself today in two out of three noteworthy court decisions in three separate courts, at least in regards to the rights of we, the people.

Let's start with the two good news items, both related to the Constitutional right to equal protection under the law, and then the not-so-good news item, the one out of Wisconsin, where a predictable partisan divide succeeded in removing rights from American citizens...

[Hat-tip Andrew Sullivan...]

-- Brad Friedman

As horrible as things seem right now --- with sociopathic loons on one side of the aisle, cowardly failures on the other, a mainstream corporate media completely out of touch with virtually everything that matters, an economy in which everyone but the rich are gasping for air --- there is one very bright spot on which we can all take great comfort.

Rights win.

It rarely happens immediately, and almost never without a far-too-long struggle, but rights for we, the people, almost always eventually win in this nation --- usually against all odds, avarice, greed and ignorance --- but our Constitution is brilliant enough that rights eventually win out.

If you have any doubt, look no further than the latest news (video posted below) heralding the last dying gasps of institutionalized homophobia in our laws and in our military.

The good news is: the haters have lost. The question which played such an enormous --- if entirely trumped up --- role in our Presidential elections just 6 years ago has been all but finally settled.

Well before the end of this decade (and likely far sooner than that, perhaps even before the end of Obama's first term in office), marriage equality for gays and lesbians will be recognized in every state in the union, and homosexuals will be as welcome in our nation's military as African-Americans.

It's over. The good guys have won. In these quiet victories of rights over wrongs, we can all take some quiet comfort, even in these maddening, ugly days...

Guest blogged by Ernest A. Canning

In her Sept. 9 decision [PDF] in Log Cabin Republicans vs. United States, U.S. District Court Judge Virginia A. Phillips, a 1995 Clinton appointee, determined that "Don't Ask, Don't Tell" (D.A.D.T) is unconstitutional as it violates First Amendment rights even within the more restrictive confines of military speech.

The court rejected the government's argument that Log Cabin Republicans lacked standing to initiate the action, noting that at least one member of the group, John Nicholson, was discharged from the armed forces because of "Don’t Ask, Don’t Tell.” It expressly found that D.A.D.T "does not significantly further the government’s interest in military readiness or unit cohesion," and directed plaintiff's counsel to prepare a "Proposed Judgment, including a Permanent Injunction" by no later than Sept. 16.

Whether the Eric Holder Justice Department will appeal, despite President Obama's pledge to seek a repeal of D.A.D.T., is an open question...

Guest blogged by Ernest A. Canning

In Meg Whitman, Wall Street, 'Billionaire Sociopaths' and the Media 'Substance Deficit' I reported:

Apparently Whitman now feels that campaigning exclusively by way of paid-for propaganda (political ads) will not be enough to evade scrutiny of her economic "plan" to "rescue" California's economy (a rehash of Bush tax cuts for wealthy people and business, the elimination of climate change regulations and imposition of further draconian spending cuts to a state government already operating on life support --- a plan which a group of economists, including Stanford University's Kenneth Arrow, a Nobel laureate, have derided as policies which would "deepen California's budget crisis and are likely to reduce employment and economic growth").

Whitman has now pandered to what she may mistakenly believe was a majority of Californians who voted against marriage equality in passing Proposition 8...

Guest blogged by Ernest A. Canning

Proponents of equality for all will have to wait a bit longer --- again --- before seeing marriage equality return to the Golden State.

A three judge panel of the U.S. 9th Circuit Court of Appeal has issued an order [PDF] granting a motion to stay the Aug. 4, 2010 decision by a U.S. District Judge which had found California's ban on same-sex marriage to be unconstitutional. Judge Vaughn Walker's ruling would have allowed marriage equality to resume as of Wednesday, but that is now on hold pending appeal by proponents of the constitutional amendment put into law by Proposition 8 in November of 2008.

The 9th Circuit panel, on its own motion, expedited both briefing and a hearing on the appeal, which will be scheduled for the week of December 6. The stay essentially means that California officials could not sanction new same-sex marriages until either a decision is rendered on the appeal or the panel lifts the stay.

Addendum In my haste to report on this breaking story, I neglected to include the following statement from the 9th Circuit decision...