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More about: DADT | DOMA | ENDA | Immigration | Marriage | 2012 Elections
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Wednesday, January 5, 2011
More on Palin and DADT
More speculation on Sarah Palin's position on DADT:
Sometimes a rose is just a rose - but that doesn't tell us anything about what Sarah Palin's tweets mean.Yes, she's an idiot. But she's also a powerful leader in the GOP. This is important. Read the rest of this post...
The former Alaska governor is famous for using Twitter to muse and zing and occasionally make news in 140 characters or less. This week, she did it by sending out a post from an openly gay talk radio host criticizing opponents of the repeal of "don't ask, don't tell."
But what does it mean? Does Palin, who has spent the better part of two years cultivating her popularity with conservative Republicans, support allowing openly gay men and women to serve in the armed forces? And if so, what is she playing at?
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DADT
Wash. Post names Cicilline as one of the 'Freshmen to Watch'
Rhode Island is providing the good news today. As the new Congress convenes, the fourth openly gay member, David Cicilline from Rhode Island, will be sworn in.
Today, the Washington Post profiled ten "Freshmen to Watch." Most of those named are hard-core right wingers, like Allen West from Florida. Only two Democrats made the list, Senator Chris Coons from Delaware and Cicilline:
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Today, the Washington Post profiled ten "Freshmen to Watch." Most of those named are hard-core right wingers, like Allen West from Florida. Only two Democrats made the list, Senator Chris Coons from Delaware and Cicilline:
Read the rest of this post...
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elections
Rhode Island's Governor calls for marriage law during inaugural address
The new Governor of Rhode Island, Lincoln Chafee, took office yesterday. In his inaugural remarks, Chafee renewed his call for marriage equality in his state:
[Chafee] made no other sweeping promises, beyond those he made as a candidate to push for early action by lawmakers on gay marriage, and on Wednesday, on his first full day in office, to rescind Republican predecessor Gov. Donald L. Carcieri’s executive order requiring the state and the companies that do business with it to use the E-Verify system to electronically check the immigration status of new employees.Elections matter. Rhode Island presents a real opportunity for progress on marriage. Read the rest of this post...
“However well-intentioned it may have been” he said of the order issued in March 2008, “it has caused needless anxiety within our Latino community without demonstrating any progress on illegal immigration ... an issue I strongly believe must be solved at the federal level.”
On gay marriage, he said: “When marriage equality is the law in Rhode Island, we honor our forefathers who risked their lives and fortune in the pursuit of human equality.”
“Rhode Island today must be as welcoming to all as [founder] Roger Williams intended it to be. Mark my words, these two actions will do more for economic growth in our state than any economic development loan,” he said.
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Marriage
Prof. Cruz on the standing question in the Prop. 8 case
At his blog, Cruz Lines, Prof. David Cruz, who joined us for the live chat of the Prop. 8 arguments at the Ninth Circuit last month, proffers his views on what the California Supreme Court could do on the standing question -- and what it means:
Standing is at issue because the Governor and Attorney General (Schwarzeneggar and Brown) wouldn't defend the case. The new Governor and AG (Brown and Harris) are taking the same position. It really helps to have elected officials on our side. Read the rest of this post...
The Supreme Court of the United States (SCOTUS) has previously doubted that initiative proponents suffer a sufficient injury to have standing when measures they sponsored are invalidated, but it has suggested (without definitively ruling) that legislatures have the requisite injury when their laws are invalidated provided state law authorizes them to defend their laws in court. The proponents want to extend that rule from legislatures to initiative proponents. So they want to argue that California law authorizes them to represent the state’s interests in defending Prop 8.Standing has been a major hurdle for the intervenors. Prof. Cruz wrote a post for us about the standing issues in the federal court last August.
And California courts have, generally without extensive analysis, allowed ballot proponents to defend their initiatives – in state court, thus necessarily subject to the supervision of California state judges. That is not a general-purpose vesting of proponents with authority to represent all the states’ voters in any court. Rather, California courts, not bound by federal standing rules, have made individual decisions to allow proponents to defend laws in California’s own state courts.
But individual legislators have not had standing to represent the entire legislature without legal authorization to that end. When legislatures have passed resolutions allowing representatives to defend measures in court, that has sometimes been allowed to satisfy standing rules. The proponents, however, cannot point to an authorization by the voters of California to represent our collective interests in any courts including federal courts. Indeed, although some initiatives have contained clauses that have authorized their proponents to defend the measures, Prop 8’s proponents did not choose to include any such language.
Accordingly, the California Supreme Court should choose to answer the certified question about the authority California law does or does not give to the Proponents (as it is a matter of their discretion whether they choose to), and then after briefing and oral arguments, hand down a decision along the lines sketched above. Based on the earlier Prop 8 challenge before SCOCA and other past certified questions, I would think this would happen within six months at the very most. Then, the Ninth Circuit should hold that the proponents do not have standing; dismiss their attempted appeal; and lift their stay of Judge Walker’s order directing the Governor and the Attorney General of California to allow same-sex couples to marry again. If the appeal effort is resolved on these narrow, somewhat technical grounds, there would then be a decent chance that SCOTUS would not bother to review the Ninth Circuit’s decision and equal freedom to marry would be restored in California.
Standing is at issue because the Governor and Attorney General (Schwarzeneggar and Brown) wouldn't defend the case. The new Governor and AG (Brown and Harris) are taking the same position. It really helps to have elected officials on our side. Read the rest of this post...
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Prop 8
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