New York Marriage Reactions

Empire State Pride Agenda

“Love and fairness wins the day for all New Yorkers and our families. Today is a historic day and a victory for equality and justice – it is the culmination of many years of work by the Pride Agenda and others across the state,” said Ross D. Levi, Executive Director of the Empire State Pride Agenda. “We are thrilled that finally all loving, committed New Yorkers will be able to make the commitment of marriage here in the Empire State.”

NY Sen. Thomas Duane

"There are rare moments when the historical significance of an action speaks for itself and words can’t capture the magnitude. This is one such moment. Lesbian, Gay, Bisexual and Transgendered (LGBT) New Yorkers will no longer be denied the right to marry the ones they love. For the first time in New York’s rich history they will be granted equal protection under the law. I want to commend the incredible leadership and passion of Governor Andrew Cuomo who made good on his promise to make Marriage Equality the law in New York State. I also want to thank my colleagues in the State Senate on both sides of the aisle, and in the Assembly, who took a courageous stand when it would have been far easier for them to turn away from what I know for many was a difficult issue."

NY Assemblyman Daniel O'Donnell

"Thomas Jefferson once wrote, 'our civil rights have no dependence on our religious opinions.' Today, the New York State Legislature has affirmed the truth of that fundamental principle with the passage of the Marriage Equality Act. I am proud to have played a central role in this crucial moment for our state. Once Marriage Equality is signed into law, our state will be the most populous in the entire nation with these rights. I hope that with this prominence, our great state will shine as a beacon of equality and lead other states from the darkness of injustice. I will never forget this day."

Freedom To Marry

"Winning the freedom to marry in New York truly is a transformative moment for committed couples and for our country, a triumph for love and equality under the law,” said Evan Wolfson, founder and President of Freedom to Marry. “Now that we’ve made it here, we’ll make it everywhere – and as Americans’ hearts open and minds continue to change in favor of the freedom to marry, the momentum coming from New York’s giant step forward brings a nationwide end to marriage discrimination closer than ever.”

American Foundation for Equal Rights

“New Yorkers have plenty to celebrate this Pride Month. There’s no doubt that today will be revered as a major turning point in civil rights history. A bipartisan group of legislators have affirmed that equal rights for every citizen is not a partisan issue, but an American value. Yet for millions of Americans who do not live in New York, Washington DC, or the five other states that have recognized the constitutional rights of gay and lesbian Americans, they are still suffering the injustice of discrimination every day. The freedom to marry is a constitutional liberty and the birthright of every American. Constitutional rights belong to every individual, regardless of the state you inhabit. This has recently been affirmed within the past year by federal courts in our nation’s most prominent civil rights cases."

2012 Prop 8 Repeal Attempt Unlikely

It looks like there will be no attempt to place a repeal of Proposition 8 on California's 2012 ballot.

“I’m not aware of a single donor who would support a ballot measure campaign,” said Chad Griffin, the co-founder and board president of the American Foundation for Equal Rights. “A ballot would be unwise, foolish and, in fact, dangerous.” That danger, according to several leaders in the gay community, comes from the potential impact that a failed effort in 2012 could have on the federal case, which was brought in 2009 by Mr. Griffin’s group. Mr. Griffin, an experienced fund-raiser, hired the high-powered legal team of David Boies and Theodore B. Olson to pursue a constitutional challenge to the law, and last August, a federal judge — Vaughn R. Walker of the Federal District Court for the Northern District of California — sided with opponents of Proposition 8, finding that the voter-approved law violated constitutional guarantees of equal protection and due process.

44 Years Later: Loving Vs. Virginia

Prop 8 Proponents Move To Vacate Judge Vaughn Walker's Ruling Because He's Gay

They've been talking about it for weeks and today Prop 8's backers officially filed to vacate Judge Vaughn Walker's ruling overturning the ban of same-sex marriage in California. Because a gay judge cannot possibly be impartial about gay issues.

The sponsors of California's same-sex marriage ban said Monday that the recent disclosure by the federal judge who struck down Proposition 8 that he is in a long-term relationship with another man has given them new grounds to have his historic ruling overturned. Lawyers for the ban's backers filed a motion in San Francisco's U.S. District Court, arguing that Chief U.S. District Judge Vaughn Walker should have removed himself from the case or at least disclosed his relationship status because his "impartiality might reasonably be questioned." "Only if Chief Judge Walker had unequivocally disavowed any interest in marrying his partner could the parties and the public be confident that he did not have a direct personal interest in the outcome of the case," attorneys for the coalition of religious and conservative groups that put Proposition 8 on the November 2008 ballot wrote.

Lambda Legal's Jon Davidson reacts:

To say that Judge Walker's should have disclosed his ten-year relationship with another man or that it made him unfit to rule on Proposition 8 is like saying that a married heterosexual judge deciding an issue in a divorce proceeding has to disclose if he or she is having marital problems and might someday be affected by legal rulings in the case. Or that any judge who professes any religious faith is unable to rule on any question of religious liberty or, at a minimum, must disclose what his faith teaches. Much like a suggestion that a female judge could not preside over a case involving sexual harassment or an African American judge could not preside over a case involving race discrimination, Proposition 8's supporters improperly are suggesting that a judge will rule in favor of any litigant with whom he shares a personal characteristic.

American Foundation for Equal Rights reacts:

"This motion is yet another in a string of desperate and absurd motions by Prop 8 Proponents who refuse to accept the fact that the freedom to marry is a constitutional right. They're attempting to keep secret the video of the public trial and they're attacking the judge because they disagree with his decision. Clearly, the Proponents are grasping at straws because they have

NCLR's Shannon Minter reacts:

"This is a desperate and ill-advised move that underscores their inability to defend Prop 8 on the merits. This is not likely to win them any points with the courts, who understandably do not appreciate having the integrity of judges called into question based on such outrageous grounds. This is part and parcel of the underhanded way the Prop 8 campaign itself was run-based on lies, insinuations, and unsupported innuendo."

Release The Prop 8 Tapes!

The American Foundation for Equal Rights requests your signature on an open letter demanding the release of the Prop 8 trail videotapes, something NOM has been fighting for years. What are they so afraid of? I think you know.

Family Research Council Files FOIA Request Over DOMA/Prop 8 Connection

The Family Research Council is convinced that the Obama administration "conspired" with Ted Olson and AFER over the same-day timing of last week's announcements on DOMA and Proposition 8. Yesterday they filed a Freedom of Information Act request to prove it. Here's Tony Perkins' letter to the feds.

"Less than three hours after Attorney General Holder's announcement, litigants seeking to strike down California's traditional marriage definition enacted by Proposition 8 filed a 'Motion to Vacate Stay' in the U.S. Court of Appeals for the Ninth Circuit. On pages 7 of 23 and 10 of 23 the Motion cited to and quoted from the Attorney General Letter.

"As the president of the Family Research Council (FRC), an organization that has filed amicus briefs defending both Proposition 8 and DoMA, I am troubled by the lightning-fast integration of concepts and actual language from the Attorney General Letter into the Motion to Vacate Stay. Let me repeat: the Motion was filed within two-and-one-half hours of Attorney General's press conference. Consequently, I am deeply concerned that officials at the Department of Justice were collaborating with the litigants in the Proposition 8 case. Even the appearance of collusion between the Department of Justice and litigants is highly damaging to the rule of law in America."

CALIFORNIA: Prop 8 Plaintiffs Ask Court To Lift Stay On Same-Sex Marriage

The American Foundation for Equal Rights (AFER) has asked the Ninth Circuit Court of Appeals to lift their stay on the overturn of Proposition 8, saying any delay "can no longer be justified."

Here's a portion of their request:

Today, the American Foundation for Equal Rights (AFER) and its legal team — led by Theodore B. Olson and David Boies — filed a motion with the United States Court of Appeals for the Ninth Circuit asking that the Court immediately lift an order preventing gay and lesbian couples from marrying in California. That order, issued in August 2010, stayed the injunction issued by the U.S. District Court that barred further enforcement of Proposition 8. This comes on the heels of a request last Thursday by AFER to the California Supreme Court to expedite the hearing of questions relating to the standing of Proponents to maintain an appeal in federal court. AFER’s attorneys urged the California Supreme Court to hear arguments in May, rather than September.

“We are respectfully asking the Court to lift its stay on marriage for gay and lesbian couples because it has become apparent that the legal process is taking considerably longer than could reasonably have been anticipated,” said Theodore B. Olson, co-lead counsel for AFER. “It’s important to remember that the stay was originally ordered with the understanding that the Ninth Circuit would rule swiftly on the case before it. Now that the issue of the Proponents’ standing to appeal has been referred for analysis by the California Supreme Court, substantial additional, indefinite and unanticipated delays lie ahead. It’s unreasonable and decidedly unjust to expect California’s gay and lesbian couples to put their lives on hold and suffer daily discrimination as second class citizens while their U.S. District Court victory is debated further.”

NOTE: This move may not be related to today's news from AG Eric Holder as AFER yesterday announced that they'd have major news today.

Red Carpet Interviews At AFER Event

Clip description via Karen Ocamb at LGBT POV:

Co-founded by actor/director Rob Reiner, AFER is leading the fight for marriage equality through it’s groundbreaking federal court case to overturn California’s Proposition 8. On the red carpet, AFER’s team and celebrities alike share their feelings on gay marriage with facts, personal experience and song. In attendance, Jason Mraz, Jane Lynch, Marisa Tomei, Adam Lambert, Yeardley Smith (voice of Lisa Simpson on The Simpsons), Bruce Vilanch, Rob Reiner, Attorney Ted Olsen and Plaintiffs Kris Perry and Sandy Stier, Paul Katami and Jeff Zarrillo.

HomoQuotable - Elton John

"I think I have it all. I have a wonderful career, a wonderful life. I have my health, I have a partner of 17 years, and now I have a son. I don't have everything because I don't have the respect of people like the church or like politicians who tell me that I'm not worthy, that I'm lesser because I'm gay, well FUCK YOU!" - Elton John, speaking after performing at an AFER fundraiser in Los Angeles. The event raised $3M for the overturn of Proposition 8.

AFER Explains Prop 8 Ruling

From this afternoon's conference call with LGBT media.

David Boies & Chad Griffin On Hardball

Elton John To Headline AFER Fundraiser

Elton John in November 2008: "We're not married. Let's get that right. We have a civil partnership. What is wrong with Proposition 8 is that they went for marriage. Marriage is going to put a lot of people off, the word marriage. I don't want to be married. I'm very happy with a civil partnership."

Despite that position, Elton will be performing a charity concert for the American Foundation for Equal Rights (AFER), the group backing the repeal of Prop 8. Via press release:

Sir Elton John will perform a concert on Wednesday, January 19 at a private home in Beverly Hills to raise funds for the American Foundation for Equal Rights. The Foundation’s case, Perry v. Schwarzenegger, is the federal constitutional challenge against Prop. 8. The Foundation was victorious in federal district court earlier this year, and will argue before the 9th Circuit Court of Appeals on December 6. “We are deeply honored to have the support of Sir Elton John,” said Chad Griffin, Board President of the American Foundation for Equal Rights. “The American Foundation for Equal Rights stands for the enduring principle that all Americans are created equal, and believes that ending state-sanctioned discrimination is a critical step we must take toward ending the hate crimes and suicides that continue to claim the lives of young Americans.” The event will be held at the "Green Acres" estate of Ron Burkle.

Tweet Of The Day - AFER

CALIFORNIA: AFER Files Proposition 8 Response Brief With Ninth Circuit Court

The Olson/Boies team at Americans For Equal Rights have filed their response defending Judge Walker's decision on Proposition 8.

DADT Ruling Reactions

Human Rights Campaign

“Today a federal judge affirmed what the vast majority of the American people know to be true – that it’s time for the discriminatory ‘Don’t Ask, Don’t Tell’ law to be sent to the dustbin of history. With this legal victory in hand, Congress is right now in a perfect position to strengthen our national security by ending a law that has discharged thousands of capable service members. With House passage already secured, the Senate can and should vote in the next few weeks to repeal ‘Don’t Ask, Don’t Tell’ and allow every qualified man and woman the chance to serve with honor.”

American Foundation for Equal Rights

"Today's court decision declaring "Don't Ask, Don't Tell" unconstitutional is yet another significant and long-overdue step toward full equality for all Americans. Along with the recent federal court decisions on DOMA and Proposition 8, it is clear that our nation is moving toward the day when every American will be treated equally under the law, as is required by our Constitution."

Stonewall Democrats

“Today’s Federal court decision calling the Don’t Ask, Don’t Tell policy unconstitutional on grounds that it violates gay military members' rights to free speech, due process and open association is another nail in the coffin of the policy.” Mitchell continued, “We’re glad that the Federal court agrees with President Obama’s position: that Don’t Ask, Don’t Tell needs to come to an end. Our Senators need to hear from their constituents demanding repeal. We also call on Senate Republicans to rise above the obstructionism they’ve been playing at for months and let a vote happen on what the vast majority of Americans want: repeal of DADT.”

Servicemembers Legal Defense Network

“We’re pleased by the judge's decision, but this decision is likely to be appealed and will linger for years. Congress made the DADT law 17 years ago and Congress should repeal it. The Senate will have the opportunity to do just that this month and most Americans think the Senate should seize it.”

Former McCain Campaign Manager Steve Schmidt Endorses Marriage Equality

The avalanche of prominent Republicans endorsing marriage equality continues today as former McCain campaign manager Steve Schmidt jumps on the bandwagon. Schmidt is now listed as a co-sponsor of Ken Mehlman's AFER fundraiser.

"There is a strong conservative case to be made in favor of gay marriage," former McCain campaign manager and fellow same-sex marriage fundraiser Steve Schmidt told the Huffington Post on Tuesday. "Marriage is an institution that strengthens and stabilizes society. It is an institution that has the capacity to bring profound joy and happiness to people and it is a matter of equality and keeping faith of one of the charters of the nation, the right to live your life. "More and more conservatives are saying that opposition to gay marriage would not be a litmus test for membership in the GOP," Schmidt added. "And more conservatives are making the case that no more do you want big government conservatives in the bedroom than big government liberals telling you how to live your life."

Towleroad notes that in 2005 Schmidt attacked Mike Rogers as a "bottom feeder" for claiming that Mehlman is gay.

VERY FUCKING RELATED: John McCain's current campaign manager, Mark Buse, is an openly gay man working to elect one of the most powerful enemies of his LGBT brothers and sisters. As reminder, McCain voted YES on DOMA, NO on hate crimes, NO on ENDA, supported Prop 8, and expressed opposition to gay adoption. And of course, war hero McCain opposes the DADT compromise repeal. When is Quisling Mark Buse going to join his predecessor Steve Schmidt and come out for LGBT rights?

What's Up With AFER Donor Paul Singer?

This weekend the New York Times reported that Wall Street financier Paul Singer, who calls himself a "Barry Goldwater conservative," has secretly donated millions to LGBT causes. Singer will be hosting the upcoming Ken Mehlman fundraiser for AFER in his Manhattan home.

But Duncan Osborne reports on his blog Herd & Scene that Singer has also been a heavy backer of anti-gay GOP candidates around the nation.

When Mehlman came out in an August 25 story in The Atlantic it was clearly timed to coincide with the fundraiser so as an organizer of the 2004 campaigns it would seem that he was doing penance for those earlier anti-gay efforts. Singer and Thiel bring plenty of their own right wing baggage to this fundraiser. Call me cynical, but the same people who helped Mehlman spin his coming out may be helping Singer. For years, Singer has been a reliable and generous donor to many state and federal Republican political organizations, candidates, and office holders including some of the most anti-gay members of that party, such as Rick Santorum and Bill McCollum, who lost a bid to become the Republican nominee for Florida’s governor’s office on August 24. Singer has also supported moderate Republicans and has donated to Senator Chuck Schumer, a Democrat. In New York, he has donated to Democrats and Republicans, but his largest donations have gone to the state Republican and Conservative parties. In 2008, the Paul Singer Family Foundation gave $275,000 to the Manhattan Institute, a right wing group that has Singer as the chair of its board. Plenty of the experts at the institute have opposed gay marriage and other gay causes. The foundation gave the institute $30,000 in 2007. Also in 2008, the foundation gave $50,000 to the Witherspoon Institute.

Duncan Osbourne: "This fundraiser for the American Foundation for Equal Rights looks increasingly bizarre. When donors to a gay group must hire publicists to plant stories about the alleged secret philanthropy of one to gay causes or another’s struggle with his gay feelings as he attacked the gay and lesbian community it seems to me that the message is that they have doubts about their commitment. Or they think the rest of us will question their motives. The solution would have been to approach Mehlman’s coming out with some humility, but I doubt he knows what that is."

In a follow-up post today, Osborne examines Singer's donations to anti-gay candidates in Virginia such as Gov. Bob McDonnell and AG Ken Cuchinelli.

Prop 8 Plaintiffs Respond To Stay

From Ted Olson and the American Foundation for Equal Rights:

Today the United States Court of Appeals for the Ninth Circuit set a highly expedited schedule for briefing and argument of proponents' appeal from the district court's August 4, 2010 decision striking down California's Proposition 8 as an unconstitutional violation of the rights of gay and lesbian citizens to due process and equal protection of the law under the Fourteenth Amendment, and it granted proponents' request to stay the judgment of the district court's order while the appeal is decided. This means that although Californians who were denied equality by Proposition 8 cannot marry immediately, the Ninth Circuit, like the district court, will move swiftly to address and decide the merits of Plaintiffs' claims on their merits.

"We are very gratified that the Ninth Circuit has recognized the importance and pressing nature of this case and the need to resolve it as quickly as possible by issuing this extremely expedited briefing schedule. As Chief Judge Walker found, Proposition 8 harms gay and lesbian citizens each day it remains on the books. We look forward to moving to the next stage of this case,” said Attorney Theodore B. Olson.

“Today’s order from the Ninth Circuit for an expedited hearing schedule ensures that we will triumph over Prop. 8 as quickly as possible. This case is about fundamental constitutional rights and we at the American Foundation for Equal Rights, our Plaintiffs and our attorneys are ready to take this case all the way through the appeals court and to the United States Supreme Court,” said Chad Griffin, Board President, American Foundation for Equal Rights.