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"slug": "judge-approves-million-dollar-settlement-in-oscar-grant-protest-case",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>(Bay City News) A federal judge has given preliminary approval to a $1 million settlement in a lawsuit filed against the city of Oakland and Alameda County on behalf of 150 people who were arrested during a 2010 protest related to the fatal shooting of Oscar Grant III. \u003c/p>\n\u003cp>U.S. District Judge Thelton Henderson of San Francisco tentatively approved the settlement in a June 13 order and will hold a final approval hearing on Sept. 9.\u003c/p>\n\u003cp>The people were arrested during a march protesting the sentencing of former BART officer Johannes Meheserle, who fatally shot Grant, 22, of Hayward, at the Fruitvale BART station in Oakland early on New Year's Day in 2009. \u003c/p>\n\u003cp>Mehserle was convicted of involuntary manslaughter and was sentenced in November 2010 to two years in prison. He was given credit for time served and was released in June 2011.\u003c/p>\n\u003cp>The civil rights lawsuit was filed in 2011 by four protesters as a class action on behalf of the approximately 150 marchers arrested during a demonstration on Nov. 5, 2010. \u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Under the agreement, the four named plaintiffs will each receive $9,000; other class members who file approved claims will be given an estimated $4,500 to $5,000 each; and attorneys working with the National Lawyers Guild will be awarded $350,000 for fees and costs. \u003c/p>\n\u003cp>In a court filing, both sides told the judge, \"It is undisputed that the 150 class members were not given an order or opportunity to disperse before being penned in by police lines in the residential Oakland East Lake neighborhood, and arrested.\" \u003c/p>\n\u003cp>The protesters were placed in Sheriff's Office custody for 14 to 24 hours, and were held on buses and then in a county jail holding area before being released, according to the filing.\u003c/p>\n\u003cp>One of the plaintiffs, National Lawyers Guild legal observer Dan Spalding, said in a statement, \"We were never given a warning or a chance to leave.\u003c/p>\n\u003cp>\"I tried to tell the officers that I was a legal observer, but they handcuffed me and put me on a sheriff's bus,\" Spalding said. \u003c/p>\n\u003cp>Spalding said protesters were handcuffed and left sitting on the street and in buses for about eight hours without bathroom access. \"People urinated in their pants as we sat in the hot crowded bus,\" he said.\u003c/p>\n\u003cp>A spokesman for Oakland City Attorney Barbara Parker had no immediate comment. The proposed settlement document says the agreement is not an admission by either side about the merits of the lawsuit's claims.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The planned settlement also includes an agreement by Oakland police and the Alameda County Sheriff's Office for expedited procedures for processing and releasing people arrested at demonstrations.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "No Supreme Court Decisions on Prop. 8 or DOMA Today; More Opinions Coming Tuesday",
"title": "No Supreme Court Decisions on Prop. 8 or DOMA Today; More Opinions Coming Tuesday",
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"content": "\u003cfigure id=\"attachment_92121\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/RS4280_85264891.jpg\">\u003cimg class=\"size-full wp-image-92121\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/RS4280_85264891.jpg\" alt=\"People rally in front of the California Supreme Court Building after arguments were heard for and against Proposition 8 March 5, 2009 in San Francisco. (David Paul Morris/Getty Images)\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Supporters and opponents of Proposition 8 gather in front of the California Supreme Court in San Francisco after arguments were heard for and against the measure. (David Paul Morris/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update Tuesday, Jun 25\u003c/strong>: The court is \u003ca href=\"http://ww2.kqed.org/news/2013/06/24/prop-8-supreme-court/\" target=\"_blank\">expected to issue rulings on both Proposition 8 and DOMA\u003c/a> tomorrow around 7 a.m. PT.\u003c/p>\n\u003cp>\u003cem>Previous posts\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Update 7:30 a.m. \u003c/strong>The wait continues. Five rulings were released today, none of which was one of the same-sex marriage cases. The court did, however, rule on \u003ca href=\"http://www.scotusblog.com/case-files/cases/fisher-v-university-of-texas-at-austin/\" target=\"_blank\">Fisher\u003c/a>, the big affirmative action case, sending it \u003ca href=\"http://ww2.kqed.org/news/2013/06/24/supreme-court-affirmative-action/\" target=\"_blank\">back to the lower court\u003c/a>.\u003c/p>\n\u003cp>The court also agreed to hear a challenge on recess appointments by the president.\u003c/p>\n\u003cp>\u003cstrong>SCOTUS has added tomorrow, Tuesday, as an extra opinion-release day\u003c/strong>. Six undecided cases remain.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>While you wait on tomorrow's action, here are four \u003ca href=\"http://ww2.kqed.org/news/2013/06/19/what-happens-after-prop-8-ruling\" target=\"_blank\">possible legal scenarios around the Prop. 8 ruling\u003c/a>:\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>The U.S. Supreme Court could affirm the 9th Circuit decision that invalidated Prop. 8's constitutionality.\u003c/strong> Such a ruling would legalize same-sex marriage in California. It could potentially go beyond California and legalize same-sex marriage nationwide.\u003c/li>\n\u003cli>\u003cstrong>The court could dismiss the case by ruling that the petition for review should never have been granted.\u003c/strong> This would leave the 9th Circuit Court's decision that Prop. 8 is unconstitutional as the final binding decision. This ruling, however, was narrowly defined and would likely pertain solely to California.\u003c/li>\n\u003cli>\u003cstrong>The court could hold that the Prop. 8 backers lack standing under the federal law to appeal.\u003c/strong> This would vacate the 9th Circuit's decision, leaving \u003ca title=\"Prop 8 Judge Vaughn Walker: Courts' Change on Same-Sex Marriage Was 'Utterly Unimaginable'\" href=\"http://ww2.kqed.org/news/2013/06/11/vaughn-walker\">U.S. District Court Judge Vaughn Walker\u003c/a>'s ruling that Prop. 8 is unconstitutional as final, making same-sex marriage legal in California. However, this would leave open the possibility that Prop. 8 supporters could challenge whether that ruling applies statewide.\u003c/li>\n\u003cli>\u003cstrong>The court could reverse the 9th Circuit, upholding Prop. 8 as valid.\u003c/strong> This would mean that same-sex marriage would continue to be illegal in California, unless another state proposition overturns Prop. 8.\u003c/li>\n\u003c/ul>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>Legal analyst Vikram Amar \u003ca href=\"http://ww2.kqed.org/news/2013/06/13/supreme-court-may-have-the-final-word-on-prop-8/\" target=\"_blank\">told KQED's Scott Shafer earlier this month\u003c/a> that a broad decision declaring a fundamental nationwide right to same-sex marriage is highly unlikely. “It's very rare for the court to invalidate the laws of two-thirds or three-quarters of the states,” Amar said. He noted that when bans on interracial marriage were struck down in 1967, only 16 states had such laws -- compared with 35 that now ban gay marriage.\u003c/p>\n\u003cp>SCOTUSblog also has a good \u003ca href=\"http://www.scotusblog.com/2013/06/waiting-on-proposition-8-and-doma-decisions-in-plain-english/#more-165587\" target=\"_blank\">analysis\u003c/a> of both the Prop. 8 and DOMA cases.\u003c/p>\n\u003cp>It should also be noted that polls have shown a remarkable swing in favor of same-sex marriage since voters approved Prop. 8 in 2008. So even in a worst-case scenario for those who support same-sex marriage -- that California's ban is upheld -- a ballot initiative in 2014 could well overturn the law. Last week, state Senate President Pro Tem Darrell Steinberg said the \u003ca href=\"http://www.sfchronicle.com/politics/article/Calif-may-act-if-court-upholds-Prop-8-4611357.php\" target=\"_blank\">Senate may act to place a repeal of Prop. 8 on the ballot \u003c/a>should same-sex marriages remain illegal in the state. Such a measure would require a two-thirds vote of the Legislature for it to be placed before voters. LGBT advocates could also place a measure on the ballot.\u003c/p>\n\u003cp>\u003cstrong>DOMA\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>DOMA is a 1996 federal law that defines marriage as between only a man and a woman. It prevents those who are in same-sex marriages from receiving a host of federal benefits, such as the ability to file a joint tax return. In the case before the court, a widow was forced to pay $363,000 in inheritance taxes after her female spouse died, a liability she would not have incurred if she'd been married to a man. A federal appeals court ruled that provision of DOMA was unconstitutional. Another provision, requiring states to recognize only opposite-sex marriages performed in other states, is not at issue here.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_92121\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/RS4280_85264891.jpg\">\u003cimg class=\"size-full wp-image-92121\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/RS4280_85264891.jpg\" alt=\"People rally in front of the California Supreme Court Building after arguments were heard for and against Proposition 8 March 5, 2009 in San Francisco. (David Paul Morris/Getty Images)\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Supporters and opponents of Proposition 8 gather in front of the California Supreme Court in San Francisco after arguments were heard for and against the measure. (David Paul Morris/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update Tuesday, Jun 25\u003c/strong>: The court is \u003ca href=\"http://ww2.kqed.org/news/2013/06/24/prop-8-supreme-court/\" target=\"_blank\">expected to issue rulings on both Proposition 8 and DOMA\u003c/a> tomorrow around 7 a.m. PT.\u003c/p>\n\u003cp>\u003cem>Previous posts\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Update 7:30 a.m. \u003c/strong>The wait continues. Five rulings were released today, none of which was one of the same-sex marriage cases. The court did, however, rule on \u003ca href=\"http://www.scotusblog.com/case-files/cases/fisher-v-university-of-texas-at-austin/\" target=\"_blank\">Fisher\u003c/a>, the big affirmative action case, sending it \u003ca href=\"http://ww2.kqed.org/news/2013/06/24/supreme-court-affirmative-action/\" target=\"_blank\">back to the lower court\u003c/a>.\u003c/p>\n\u003cp>The court also agreed to hear a challenge on recess appointments by the president.\u003c/p>\n\u003cp>\u003cstrong>SCOTUS has added tomorrow, Tuesday, as an extra opinion-release day\u003c/strong>. Six undecided cases remain.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>While you wait on tomorrow's action, here are four \u003ca href=\"http://ww2.kqed.org/news/2013/06/19/what-happens-after-prop-8-ruling\" target=\"_blank\">possible legal scenarios around the Prop. 8 ruling\u003c/a>:\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>The U.S. Supreme Court could affirm the 9th Circuit decision that invalidated Prop. 8's constitutionality.\u003c/strong> Such a ruling would legalize same-sex marriage in California. It could potentially go beyond California and legalize same-sex marriage nationwide.\u003c/li>\n\u003cli>\u003cstrong>The court could dismiss the case by ruling that the petition for review should never have been granted.\u003c/strong> This would leave the 9th Circuit Court's decision that Prop. 8 is unconstitutional as the final binding decision. This ruling, however, was narrowly defined and would likely pertain solely to California.\u003c/li>\n\u003cli>\u003cstrong>The court could hold that the Prop. 8 backers lack standing under the federal law to appeal.\u003c/strong> This would vacate the 9th Circuit's decision, leaving \u003ca title=\"Prop 8 Judge Vaughn Walker: Courts' Change on Same-Sex Marriage Was 'Utterly Unimaginable'\" href=\"http://ww2.kqed.org/news/2013/06/11/vaughn-walker\">U.S. District Court Judge Vaughn Walker\u003c/a>'s ruling that Prop. 8 is unconstitutional as final, making same-sex marriage legal in California. However, this would leave open the possibility that Prop. 8 supporters could challenge whether that ruling applies statewide.\u003c/li>\n\u003cli>\u003cstrong>The court could reverse the 9th Circuit, upholding Prop. 8 as valid.\u003c/strong> This would mean that same-sex marriage would continue to be illegal in California, unless another state proposition overturns Prop. 8.\u003c/li>\n\u003c/ul>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>Legal analyst Vikram Amar \u003ca href=\"http://ww2.kqed.org/news/2013/06/13/supreme-court-may-have-the-final-word-on-prop-8/\" target=\"_blank\">told KQED's Scott Shafer earlier this month\u003c/a> that a broad decision declaring a fundamental nationwide right to same-sex marriage is highly unlikely. “It's very rare for the court to invalidate the laws of two-thirds or three-quarters of the states,” Amar said. He noted that when bans on interracial marriage were struck down in 1967, only 16 states had such laws -- compared with 35 that now ban gay marriage.\u003c/p>\n\u003cp>SCOTUSblog also has a good \u003ca href=\"http://www.scotusblog.com/2013/06/waiting-on-proposition-8-and-doma-decisions-in-plain-english/#more-165587\" target=\"_blank\">analysis\u003c/a> of both the Prop. 8 and DOMA cases.\u003c/p>\n\u003cp>It should also be noted that polls have shown a remarkable swing in favor of same-sex marriage since voters approved Prop. 8 in 2008. So even in a worst-case scenario for those who support same-sex marriage -- that California's ban is upheld -- a ballot initiative in 2014 could well overturn the law. Last week, state Senate President Pro Tem Darrell Steinberg said the \u003ca href=\"http://www.sfchronicle.com/politics/article/Calif-may-act-if-court-upholds-Prop-8-4611357.php\" target=\"_blank\">Senate may act to place a repeal of Prop. 8 on the ballot \u003c/a>should same-sex marriages remain illegal in the state. Such a measure would require a two-thirds vote of the Legislature for it to be placed before voters. LGBT advocates could also place a measure on the ballot.\u003c/p>\n\u003cp>\u003cstrong>DOMA\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>DOMA is a 1996 federal law that defines marriage as between only a man and a woman. It prevents those who are in same-sex marriages from receiving a host of federal benefits, such as the ability to file a joint tax return. In the case before the court, a widow was forced to pay $363,000 in inheritance taxes after her female spouse died, a liability she would not have incurred if she'd been married to a man. A federal appeals court ruled that provision of DOMA was unconstitutional. Another provision, requiring states to recognize only opposite-sex marriages performed in other states, is not at issue here.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Supreme Court Sends Texas Affirmative Action Case Back to Lower Court",
"title": "Supreme Court Sends Texas Affirmative Action Case Back to Lower Court",
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"content": "\u003cp>WASHINGTON (AP) — The Supreme Court has sent a Texas case on race-based college admissions back to a lower court for another look.\u003c/p>\n\u003cp>The court's 7-1 decision Monday leaves unsettled many of the basic questions about the continued use of race as a factor in college admissions.\u003c/p>\n\u003cfigure id=\"attachment_100961\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003cimg class=\"size-medium wp-image-100961\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/RS5211_153854696-scr-300x197.jpg\" alt=\" Travis Ballie holds a sign that reads (Diversity Works) in front of the U.S. Supreme Court on October 10, 2012 in Washington, DC. (Mark Wilson/Getty Images)\" width=\"300\" height=\"197\">\u003cfigcaption class=\"wp-caption-text\">Travis Ballie holds a sign that reads (Diversity Works) in front of the U.S. Supreme Court on October 10, 2012 in Washington, DC. (Mark Wilson/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>Justice Anthony Kennedy, writing for the court, said a federal appeals court needs to subject the University of Texas admission plan to the highest level of judicial scrutiny.\u003c/p>\n\u003cp>The compromise ruling throws out the decision by the New Orleans-based 5th U.S. Circuit Court of Appeals, which upheld the Texas admission plan.\u003c/p>\n\u003cp>Kennedy said the appeals court did not test the Texas plan under the most exacting level of judicial review.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>He said such a test is required by the court's 2003 decision upholding affirmative action in higher education.\u003c/p>\n\u003cp>Justice Ruth Bader Ginsburg was the lone dissenter. \u003c!--more-->\u003c/p>\n\u003cp>Justice Clarence Thomas, alone on the court, said he would have overturned the high court's 2003 ruling.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003ca href=\"http://blogs.kqed.org/lowdown/2013/06/21/what-is-the-future-of-affirmative-action/\" target=\"_blank\">\u003cstrong>What is the Future of Affirmative Action\u003c/strong>\u003c/a> (The Lowdown)\u003c/aside>\n\u003cp>Justice Elena Kagan stayed out of the case, presumably because she had some contact with it at an earlier stage when she worked in the Justice Department.\u003c/p>\n\u003cp>Abigail Fisher, a white Texan, sued the university after she was denied a spot in 2008. She has since received her undergraduate degree from Louisiana State University.\u003c/p>\n\u003cp>The challenge to the Texas plan gained traction in part because the makeup of the court has changed since the last time the justices ruled on affirmative action in higher education in 2003. Then, Justice Sandra O'Connor wrote the majority opinion that held that colleges and universities can use race in their quest for diverse student bodies.\u003c/p>\n\u003cp>O'Connor retired in 2006, and her replacement, Justice Samuel Alito, has shown himself to be more skeptical of considerations of race in education.\u003c/p>\n\u003cp>Another factor fueling Fisher's lawsuit was that the university has produced significant diversity by automatically offering about three-quarters of its spots to graduates in the top 10 percent of their Texas high schools, under a 1990s state law signed by then-Gov. George W. Bush. The admissions program has been changed so that now only the top 8 percent gain automatic admission.\u003c/p>\n\u003cp>More than 8 in 10 African-American and Latino students who enrolled at the flagship campus in Austin in 2011 were automatically admitted, according to university statistics. Even among the rest, both sides acknowledge that the use of race is modest.\u003c/p>\n\u003cp>In all, black and Hispanic students made up more than a quarter of the incoming freshmen class. White students constituted less than half the entering class when students with Asian backgrounds and other minorities were added in.\u003c/p>\n\u003cp>The university said the extra measure of diversity it gets from the slots outside automatic admission is crucial because too many of its classrooms have only token minority representation, at best. At the same time, Texas argued that race is one of many factors considered and that whether race played the key role in any applicant's case was impossible to tell.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The Obama administration, 57 of the Fortune 100 companies and large numbers of public and private colleges that feared a broad ruling against affirmative action backed the Texas program. Among the benefits of affirmative action, the administration said, is that it creates a pipeline for a diverse officer corps that it called \"essential to the military's operational readiness.\" In 2003, the court cited the importance of a similar message from military leaders.\u003c/p>\n\n",
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"description": "WASHINGTON (AP) — The Supreme Court has sent a Texas case on race-based college admissions back to a lower court for another look. The court's 7-1 decision Monday leaves unsettled many of the basic questions about the continued use of race as a factor in college admissions. Justice Anthony Kennedy, writing for the court, said",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>WASHINGTON (AP) — The Supreme Court has sent a Texas case on race-based college admissions back to a lower court for another look.\u003c/p>\n\u003cp>The court's 7-1 decision Monday leaves unsettled many of the basic questions about the continued use of race as a factor in college admissions.\u003c/p>\n\u003cfigure id=\"attachment_100961\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003cimg class=\"size-medium wp-image-100961\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/RS5211_153854696-scr-300x197.jpg\" alt=\" Travis Ballie holds a sign that reads (Diversity Works) in front of the U.S. Supreme Court on October 10, 2012 in Washington, DC. (Mark Wilson/Getty Images)\" width=\"300\" height=\"197\">\u003cfigcaption class=\"wp-caption-text\">Travis Ballie holds a sign that reads (Diversity Works) in front of the U.S. Supreme Court on October 10, 2012 in Washington, DC. (Mark Wilson/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>Justice Anthony Kennedy, writing for the court, said a federal appeals court needs to subject the University of Texas admission plan to the highest level of judicial scrutiny.\u003c/p>\n\u003cp>The compromise ruling throws out the decision by the New Orleans-based 5th U.S. Circuit Court of Appeals, which upheld the Texas admission plan.\u003c/p>\n\u003cp>Kennedy said the appeals court did not test the Texas plan under the most exacting level of judicial review.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He said such a test is required by the court's 2003 decision upholding affirmative action in higher education.\u003c/p>\n\u003cp>Justice Ruth Bader Ginsburg was the lone dissenter. \u003c!--more-->\u003c/p>\n\u003cp>Justice Clarence Thomas, alone on the court, said he would have overturned the high court's 2003 ruling.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003ca href=\"http://blogs.kqed.org/lowdown/2013/06/21/what-is-the-future-of-affirmative-action/\" target=\"_blank\">\u003cstrong>What is the Future of Affirmative Action\u003c/strong>\u003c/a> (The Lowdown)\u003c/aside>\n\u003cp>Justice Elena Kagan stayed out of the case, presumably because she had some contact with it at an earlier stage when she worked in the Justice Department.\u003c/p>\n\u003cp>Abigail Fisher, a white Texan, sued the university after she was denied a spot in 2008. She has since received her undergraduate degree from Louisiana State University.\u003c/p>\n\u003cp>The challenge to the Texas plan gained traction in part because the makeup of the court has changed since the last time the justices ruled on affirmative action in higher education in 2003. Then, Justice Sandra O'Connor wrote the majority opinion that held that colleges and universities can use race in their quest for diverse student bodies.\u003c/p>\n\u003cp>O'Connor retired in 2006, and her replacement, Justice Samuel Alito, has shown himself to be more skeptical of considerations of race in education.\u003c/p>\n\u003cp>Another factor fueling Fisher's lawsuit was that the university has produced significant diversity by automatically offering about three-quarters of its spots to graduates in the top 10 percent of their Texas high schools, under a 1990s state law signed by then-Gov. George W. Bush. The admissions program has been changed so that now only the top 8 percent gain automatic admission.\u003c/p>\n\u003cp>More than 8 in 10 African-American and Latino students who enrolled at the flagship campus in Austin in 2011 were automatically admitted, according to university statistics. Even among the rest, both sides acknowledge that the use of race is modest.\u003c/p>\n\u003cp>In all, black and Hispanic students made up more than a quarter of the incoming freshmen class. White students constituted less than half the entering class when students with Asian backgrounds and other minorities were added in.\u003c/p>\n\u003cp>The university said the extra measure of diversity it gets from the slots outside automatic admission is crucial because too many of its classrooms have only token minority representation, at best. At the same time, Texas argued that race is one of many factors considered and that whether race played the key role in any applicant's case was impossible to tell.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The Obama administration, 57 of the Fortune 100 companies and large numbers of public and private colleges that feared a broad ruling against affirmative action backed the Texas program. Among the benefits of affirmative action, the administration said, is that it creates a pipeline for a diverse officer corps that it called \"essential to the military's operational readiness.\" In 2003, the court cited the importance of a similar message from military leaders.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "News Pix: Nurses Protest Keystone XL and 'Fruitvale Station' Opens in Oakland",
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"content": "\u003cp>\u003cimg class=\"aligncenter size-full wp-image-100788\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/Keystone.jpg\" alt=\"Keystone\" width=\"640\" height=\"450\">\u003cbr>\nNurses attending the National Nurses United conference took to the Golden Gate Bridge on June 20 to protest the Keystone XL Pipeline. They marched across the bridge dressed in red and carrying signs saying \"Our Planet, Our Patients, Our Future\" and \"Heal America, Stop Climate Change.\" The protesters are calling on the Obama administration to stop the Keystone XL Pipeline from going forward. (Deborah Svoboda / KQED)\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-100790\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/Keystone2.jpg\" alt=\"Keystone2\" width=\"640\" height=\"450\">\u003cbr>\nOne of the nurses marching across the Golden Gate Bridge in protest of the Keystone XL Pipeline project, Erin Carrera, said she has seen a drastic change in her patients' conditions due to environmental pollution. She said she was protesting \"for the health of our patients, which is tied to the health of our planet.\" (Deborah Svoboda / KQED)\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-100791\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/PhotoWeek130621FruitvaleSta.jpg\" alt=\"PhotoWeek130621FruitvaleSta\" width=\"640\" height=\"450\">\u003cbr>\n\"Fruitvale Station,\" the feature film about the Oscar Grant shooting in 2009, opened at the Grand Lake Theater on June 20. Directed by Oakland native Ryan Coogler, the film tells the story of the shooting that sparked protests around the Bay Area. The film will be released in select theaters nationwide on July 12. (Rachel Dornhelm / KQED)\u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-100796\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/PhotoWeek130621Reclaiming.jpg\" alt=\"PhotoWeek130621Reclaiming\" width=\"640\" height=\"450\">\u003cbr>\nPeople gathered on San Francisco's Ocean Beach on June 20 to celebrate the summer solstice, the longest day of the year. Thursday's event near Taraval Street was organized by Reclaiming, a pagan group that has held the event for many years. The solstice gathering traditionally has included a bonfire, but the Golden Gate National Recreation Area restricts fires to a handful of fire pits on the north end of the federal beach. Several National Park police took up a post next to a pile of firewood at the event. (Tom Prete / \u003ca href=\"http://oceanbeachbulletin.com/\">Ocean Beach Bulletin\u003c/a>)\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-100797\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/Whent.jpg\" alt=\"Whent\" width=\"640\" height=\"450\">\u003cbr>\nNew Oakland Police Chief Sean Whent stands next to Mayor Jean Quan as they talk to the press and community volunteers about the Oakland Police Department's priorities to \u003ca href=\"http://www.kqed.org/news/story/2013/06/20/122405/opd_optimistic_that_neighborhood_policing_will_lower_crime?category=bay+area\">reduce Oakland crime\u003c/a> and smile more. (Deborah Svoboda / KQED)\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-100798\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/Symphony.jpg\" alt=\"Symphony\" width=\"640\" height=\"450\">\u003cbr>\nMany people attended the San Francisco Symphony's open rehearsal in honor of the 100th anniversary of Igor Stravinsky’s Rite of Spring on June 20. (Deborah Svoboda / KQED)\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-100799\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/PhotoWeek130621goodsheperd.jpg\" alt=\"PhotoWeek130621goodsheperd\" width=\"640\" height=\"450\">\u003cbr>\nWhen an electrical fire devastated the Good Shepherd Episcopal Church last October, it gutted a community stalwart and one of Berkeley’s true architectural landmarks. Now the \u003ca href=\"http://www.berkeleyside.com/2013/06/20/good-shepherd-church-rebuilding-restarting-after-fire/\">church is being rebuilt\u003c/a>, and fundraising and restoration efforts are in full swing. (Lisa Sibony / \u003ca href=\"http://www.berkeleyside.com/\">Berkeleyside\u003c/a>)\u003c/p>\n\n",
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"description": "Nurses attending the National Nurses United conference took to the Golden Gate Bridge on June 20 to protest the Keystone XL Pipeline. They marched across the bridge dressed in red and carrying signs saying "Our Planet, Our Patients, Our Future" and "Heal America, Stop Climate Change." The protesters are calling on the Obama administration to",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cimg class=\"aligncenter size-full wp-image-100788\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/Keystone.jpg\" alt=\"Keystone\" width=\"640\" height=\"450\">\u003cbr>\nNurses attending the National Nurses United conference took to the Golden Gate Bridge on June 20 to protest the Keystone XL Pipeline. They marched across the bridge dressed in red and carrying signs saying \"Our Planet, Our Patients, Our Future\" and \"Heal America, Stop Climate Change.\" The protesters are calling on the Obama administration to stop the Keystone XL Pipeline from going forward. (Deborah Svoboda / KQED)\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-100790\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/Keystone2.jpg\" alt=\"Keystone2\" width=\"640\" height=\"450\">\u003cbr>\nOne of the nurses marching across the Golden Gate Bridge in protest of the Keystone XL Pipeline project, Erin Carrera, said she has seen a drastic change in her patients' conditions due to environmental pollution. She said she was protesting \"for the health of our patients, which is tied to the health of our planet.\" (Deborah Svoboda / KQED)\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-100791\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/PhotoWeek130621FruitvaleSta.jpg\" alt=\"PhotoWeek130621FruitvaleSta\" width=\"640\" height=\"450\">\u003cbr>\n\"Fruitvale Station,\" the feature film about the Oscar Grant shooting in 2009, opened at the Grand Lake Theater on June 20. Directed by Oakland native Ryan Coogler, the film tells the story of the shooting that sparked protests around the Bay Area. The film will be released in select theaters nationwide on July 12. (Rachel Dornhelm / KQED)\u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-100796\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/PhotoWeek130621Reclaiming.jpg\" alt=\"PhotoWeek130621Reclaiming\" width=\"640\" height=\"450\">\u003cbr>\nPeople gathered on San Francisco's Ocean Beach on June 20 to celebrate the summer solstice, the longest day of the year. Thursday's event near Taraval Street was organized by Reclaiming, a pagan group that has held the event for many years. The solstice gathering traditionally has included a bonfire, but the Golden Gate National Recreation Area restricts fires to a handful of fire pits on the north end of the federal beach. Several National Park police took up a post next to a pile of firewood at the event. (Tom Prete / \u003ca href=\"http://oceanbeachbulletin.com/\">Ocean Beach Bulletin\u003c/a>)\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-100797\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/Whent.jpg\" alt=\"Whent\" width=\"640\" height=\"450\">\u003cbr>\nNew Oakland Police Chief Sean Whent stands next to Mayor Jean Quan as they talk to the press and community volunteers about the Oakland Police Department's priorities to \u003ca href=\"http://www.kqed.org/news/story/2013/06/20/122405/opd_optimistic_that_neighborhood_policing_will_lower_crime?category=bay+area\">reduce Oakland crime\u003c/a> and smile more. (Deborah Svoboda / KQED)\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-100798\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/Symphony.jpg\" alt=\"Symphony\" width=\"640\" height=\"450\">\u003cbr>\nMany people attended the San Francisco Symphony's open rehearsal in honor of the 100th anniversary of Igor Stravinsky’s Rite of Spring on June 20. (Deborah Svoboda / KQED)\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-100799\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/PhotoWeek130621goodsheperd.jpg\" alt=\"PhotoWeek130621goodsheperd\" width=\"640\" height=\"450\">\u003cbr>\nWhen an electrical fire devastated the Good Shepherd Episcopal Church last October, it gutted a community stalwart and one of Berkeley’s true architectural landmarks. Now the \u003ca href=\"http://www.berkeleyside.com/2013/06/20/good-shepherd-church-rebuilding-restarting-after-fire/\">church is being rebuilt\u003c/a>, and fundraising and restoration efforts are in full swing. (Lisa Sibony / \u003ca href=\"http://www.berkeleyside.com/\">Berkeleyside\u003c/a>)\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Guide to What Happens Once Prop. 8 Ruling Comes Down",
"title": "Guide to What Happens Once Prop. 8 Ruling Comes Down",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/01/04/news-pix-best-images-of-2012/photoweek130104prop8/\" rel=\"attachment wp-att-84574\">\u003cimg class=\"alignnone size-full wp-image-84574\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/01/PhotoWeek130104Prop8.jpg\" alt=\"PhotoWeek130104Prop8\" width=\"620\" height=\"450\">\u003c/a>The Supreme Court is expected to rule on \u003ca title=\"Prop. 8 at the Supreme Court: What You Need to Know\" href=\"http://ww2.kqed.org/news/tag/prop-8/\" target=\"_blank\">Proposition 8\u003c/a> next week. There are a number of possible outcomes.\u003c/p>\n\u003cp>(If you're confused about any of this, start by reading the summary of \u003ca title=\"Prop. 8 at the Supreme Court: What You Need to Know\" href=\"http://ww2.kqed.org/news/2013/06/18/prop-8-supreme-court/\" target=\"_blank\">what you need to know about Prop. 8 at the Supreme Court\u003c/a>.)\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003cstrong>\u003ca href=\"http://ww2.kqed.org/news/2013/03/20/timeline-the-long-battle-over-same-sex-marriage-in-california/\" target=\"_blank\">Timeline: The Long Battle Over Same-Sex Marriage\u003c/a>\u003c/strong>\n\u003cp>\u003cstrong>\u003ca href=\"http://ww2.kqed.org/news/2013/06/18/prop-8-supreme-court/\" target=\"_blank\">Prop. 8 at the Supreme Court: What You Need to Know\u003c/a>\u003c/strong>\u003c/p>\u003c/aside>\n\u003cul>\n\u003cli>\u003cstrong>The U.S. Supreme Court could affirm the 9th Circuit decision that invalidated Prop. 8's constitutionality.\u003c/strong> Such a ruling would legalize same-sex marriage in California. It could potentially go beyond California and legalize same-sex marriage nationwide.\u003c/li>\n\u003cli>\u003cstrong>The court could dismiss the case, by ruling that the petition for review should never have been granted.\u003c/strong> This would leave the 9th Circuit Court's decision that Prop. 8 is unconstitutional as the final binding decision. This ruling, however, was narrowly defined and would likely pertain solely to California.\u003c/li>\n\u003cli>\u003cstrong>The court could hold that the Prop. 8 backers lack standing under the federal law to appeal.\u003c/strong> This would vacate the 9th Circuit's decision, leaving \u003ca title=\"Prop 8 Judge Vaughn Walker: Courts' Change on Same-Sex Marriage Was 'Utterly Unimaginable'\" href=\"http://ww2.kqed.org/news/2013/06/11/vaughn-walker\">U.S. District Court Judge Vaughn Walker\u003c/a>'s ruling that Prop. 8 is unconstitutional as final, making same-sex marriage legal in California. However, this would leave open the possibility that Prop. 8 supporters could challenge whether that ruling applies statewide.\u003c/li>\n\u003cli>\u003cstrong>The court could reverse the 9th Circuit, upholding Prop. 8 as valid.\u003c/strong> This would mean that same-sex marriage would continue to be illegal in California. However, with public opinion on same-sex marriage shifting, \u003ca href=\"http://www.npr.org/templates/story/story.php?storyId=192523360\" target=\"_blank\">according to Pew\u003c/a>, it is likely that supporters of the issue would put a counteracting proposition on the ballot in the future.\u003c/li>\n\u003c/ul>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>The third of the four scenarios, in which the court rules that the proponents lacked legal standing to challenge Walker's decision, is believed to be the most likely. \u003ca href=\"http://ww2.kqed.org/news/2013/06/13/supreme-court-may-have-the-final-word-on-prop-8/\" target=\"_blank\">UC Davis law professor Vikram Amar told KQED's Scott Shafer last week\u003c/a> that a broad decision declaring a fundamental, nationwide right to same-sex marriage is highly unlikely.\u003c/p>\n\u003cp>“It's very rare for the court to invalidate the laws of two-thirds or three-quarters of the states,” Amar said. He noted that when bans on interracial marriage were struck down in 1967, only 16 states had such laws -- compared with the 35 that now ban gay marriage.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Also from that report by Scott Shafer:\u003c/p>\n\u003cblockquote>\u003cp>At \u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\" target=\"_blank\">oral arguments\u003c/a> in March, there seemed to be little appetite – even among the most liberal justices -- for a momentous decision in support of gay marriage.\u003c/p>\n\u003cp>And there are two ways for the court to avoid that legal question altogether. They could simply dismiss the case, allowing the 9th U.S. Circuit Court decision to stand. (In fact, during \u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\" target=\"_blank\">oral arguments\u003c/a>, Justice Anthony Kennedy mused, “I just wonder if the case was properly granted.”)\u003c/p>\n\u003cp>Or, more likely, Amar said, the court will declare that Prop. 8 proponents lacked legal standing to appeal Judge Walker's decision.\u003c/p>\n\u003cp>“If the case is decided on standing grounds, the thing we should focus on right away is what, if anything, the court says about the follow-on process,” Amar said.\u003c/p>\u003c/blockquote>\n\u003cp>If the court decides to rule on the issue of standing, then a number of other things could happen next.\u003c/p>\n\u003cp>The court will likely include some guidance on how the ruling can be interpreted legally, if it applies statewide or just in the counties where the lawsuits were filed -- or even just to the defendants. While many believe that a ruling on standing would make same-sex marriage legal throughout California, others believe that it would apply only in the counties where the suits were filed (Alameda and Los Angeles), and in San Francisco, which intervened in the case. Because of these complications, most counties have said they will look to the state for direction.\u003c/p>\n\u003cp>Although county clerks are responsible for issuing marriage licenses in California, they will likely turn to the Department of Public Health Vital Records on how to proceed, said Cathy Darling Allen, president of the California State Association of Clerks and Election Officials and the clerk in Shasta County.\u003c/p>\n\u003cp>\"I believe we will receive some guidance,\" Allen told KQED's Shafer.\u003c/p>\n\u003cp>However, a department spokesperson told Shafer that they will, in turn, look to the governor's office for guidance -- creating a game of telephone in the wake of the ruling. Evan Westrup, a spokesperson for Gov. Jerry Brown, said the governor's office wouldn't deliberate on what guidance they will give until after the court's ruling. \"Lots of interesting scenarios, none of which we’d publicly comment or speculate on at this point,\" Westrup said by email.\u003c/p>\n\u003cp>And some counties may challenge a statewide rule in any event. While same-sex marriages were legal in 2008, in the time between when the court struck down Prop. 22 and the passage of Prop. 8, several counties, including Kern, Siskiyou and Butte, refused to perform civil ceremonies. They only issued the licenses.\u003c/p>\n\u003cp>According to Allen, that resulted in many more couples from those counties rushing to Shasta County to have their ceremonies performed. Officials in Kern County have not said how they will proceed this time if Prop. 8 is struck down.\u003c/p>\n\u003cp>Interestingly, the technical challenges to performing same-sex marriages -- i.e., changing the license forms and naming conventions to be gender-neutral -- were all addressed in 2008 when about 18,000 same-sex couples were married before Prop. 8 passed, said Allen. That means this time, they'll be \"ready to go,\" she said.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>If Prop. 8 is struck down, officials have said there could be a 25-day waiting period before marriages resume, meaning the earliest that ceremonies could be performed would be mid-July. However, even this is uncertain. Most cities and counties are preparing to be ready to issue a flood of licenses on Day One, should same-sex marriage be legalized. According to \u003ca href=\"http://www.nbcbayarea.com/news/local/SF-Training-Volunteers-to-Administer-Marriage-Licenses-in-Preparation-for-Prop-8-Decision-211482311.html\" target=\"_blank\">NBC Bay Area\u003c/a>, San Francisco has even begun training volunteers to oversee impromptu weddings.\u003c/p>\n\u003cblockquote>\u003cp>“We anticipate that it could be as much as 200 people who come down to City Hall,” said San Francisco County Administrator Naomi Kelly. “We just want to make sure that anyone who wants to get married on that day can.”\u003c/p>\n\u003cp>To prepare, the city is training dozens of volunteers to become deputy clerks. The volunteers are made up of mostly city employees giving up time to learn everything from how to administer vows to inputting legal data into city computers. Some will work as greeters, helping the betrothed navigate the winding matrimonial process.\u003c/p>\u003c/blockquote>\n\n",
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"description": "The Supreme Court is expected to rule on Proposition 8 next week. There are a number of possible outcomes. (If you're confused about any of this, start by reading the summary of what you need to know about Prop. 8 at the Supreme Court.) Timeline: The Long Battle Over Same-Sex Marriage Prop. 8 at the",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/01/04/news-pix-best-images-of-2012/photoweek130104prop8/\" rel=\"attachment wp-att-84574\">\u003cimg class=\"alignnone size-full wp-image-84574\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/01/PhotoWeek130104Prop8.jpg\" alt=\"PhotoWeek130104Prop8\" width=\"620\" height=\"450\">\u003c/a>The Supreme Court is expected to rule on \u003ca title=\"Prop. 8 at the Supreme Court: What You Need to Know\" href=\"http://ww2.kqed.org/news/tag/prop-8/\" target=\"_blank\">Proposition 8\u003c/a> next week. There are a number of possible outcomes.\u003c/p>\n\u003cp>(If you're confused about any of this, start by reading the summary of \u003ca title=\"Prop. 8 at the Supreme Court: What You Need to Know\" href=\"http://ww2.kqed.org/news/2013/06/18/prop-8-supreme-court/\" target=\"_blank\">what you need to know about Prop. 8 at the Supreme Court\u003c/a>.)\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003cstrong>\u003ca href=\"http://ww2.kqed.org/news/2013/03/20/timeline-the-long-battle-over-same-sex-marriage-in-california/\" target=\"_blank\">Timeline: The Long Battle Over Same-Sex Marriage\u003c/a>\u003c/strong>\n\u003cp>\u003cstrong>\u003ca href=\"http://ww2.kqed.org/news/2013/06/18/prop-8-supreme-court/\" target=\"_blank\">Prop. 8 at the Supreme Court: What You Need to Know\u003c/a>\u003c/strong>\u003c/p>\u003c/aside>\n\u003cul>\n\u003cli>\u003cstrong>The U.S. Supreme Court could affirm the 9th Circuit decision that invalidated Prop. 8's constitutionality.\u003c/strong> Such a ruling would legalize same-sex marriage in California. It could potentially go beyond California and legalize same-sex marriage nationwide.\u003c/li>\n\u003cli>\u003cstrong>The court could dismiss the case, by ruling that the petition for review should never have been granted.\u003c/strong> This would leave the 9th Circuit Court's decision that Prop. 8 is unconstitutional as the final binding decision. This ruling, however, was narrowly defined and would likely pertain solely to California.\u003c/li>\n\u003cli>\u003cstrong>The court could hold that the Prop. 8 backers lack standing under the federal law to appeal.\u003c/strong> This would vacate the 9th Circuit's decision, leaving \u003ca title=\"Prop 8 Judge Vaughn Walker: Courts' Change on Same-Sex Marriage Was 'Utterly Unimaginable'\" href=\"http://ww2.kqed.org/news/2013/06/11/vaughn-walker\">U.S. District Court Judge Vaughn Walker\u003c/a>'s ruling that Prop. 8 is unconstitutional as final, making same-sex marriage legal in California. However, this would leave open the possibility that Prop. 8 supporters could challenge whether that ruling applies statewide.\u003c/li>\n\u003cli>\u003cstrong>The court could reverse the 9th Circuit, upholding Prop. 8 as valid.\u003c/strong> This would mean that same-sex marriage would continue to be illegal in California. However, with public opinion on same-sex marriage shifting, \u003ca href=\"http://www.npr.org/templates/story/story.php?storyId=192523360\" target=\"_blank\">according to Pew\u003c/a>, it is likely that supporters of the issue would put a counteracting proposition on the ballot in the future.\u003c/li>\n\u003c/ul>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>The third of the four scenarios, in which the court rules that the proponents lacked legal standing to challenge Walker's decision, is believed to be the most likely. \u003ca href=\"http://ww2.kqed.org/news/2013/06/13/supreme-court-may-have-the-final-word-on-prop-8/\" target=\"_blank\">UC Davis law professor Vikram Amar told KQED's Scott Shafer last week\u003c/a> that a broad decision declaring a fundamental, nationwide right to same-sex marriage is highly unlikely.\u003c/p>\n\u003cp>“It's very rare for the court to invalidate the laws of two-thirds or three-quarters of the states,” Amar said. He noted that when bans on interracial marriage were struck down in 1967, only 16 states had such laws -- compared with the 35 that now ban gay marriage.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Also from that report by Scott Shafer:\u003c/p>\n\u003cblockquote>\u003cp>At \u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\" target=\"_blank\">oral arguments\u003c/a> in March, there seemed to be little appetite – even among the most liberal justices -- for a momentous decision in support of gay marriage.\u003c/p>\n\u003cp>And there are two ways for the court to avoid that legal question altogether. They could simply dismiss the case, allowing the 9th U.S. Circuit Court decision to stand. (In fact, during \u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\" target=\"_blank\">oral arguments\u003c/a>, Justice Anthony Kennedy mused, “I just wonder if the case was properly granted.”)\u003c/p>\n\u003cp>Or, more likely, Amar said, the court will declare that Prop. 8 proponents lacked legal standing to appeal Judge Walker's decision.\u003c/p>\n\u003cp>“If the case is decided on standing grounds, the thing we should focus on right away is what, if anything, the court says about the follow-on process,” Amar said.\u003c/p>\u003c/blockquote>\n\u003cp>If the court decides to rule on the issue of standing, then a number of other things could happen next.\u003c/p>\n\u003cp>The court will likely include some guidance on how the ruling can be interpreted legally, if it applies statewide or just in the counties where the lawsuits were filed -- or even just to the defendants. While many believe that a ruling on standing would make same-sex marriage legal throughout California, others believe that it would apply only in the counties where the suits were filed (Alameda and Los Angeles), and in San Francisco, which intervened in the case. Because of these complications, most counties have said they will look to the state for direction.\u003c/p>\n\u003cp>Although county clerks are responsible for issuing marriage licenses in California, they will likely turn to the Department of Public Health Vital Records on how to proceed, said Cathy Darling Allen, president of the California State Association of Clerks and Election Officials and the clerk in Shasta County.\u003c/p>\n\u003cp>\"I believe we will receive some guidance,\" Allen told KQED's Shafer.\u003c/p>\n\u003cp>However, a department spokesperson told Shafer that they will, in turn, look to the governor's office for guidance -- creating a game of telephone in the wake of the ruling. Evan Westrup, a spokesperson for Gov. Jerry Brown, said the governor's office wouldn't deliberate on what guidance they will give until after the court's ruling. \"Lots of interesting scenarios, none of which we’d publicly comment or speculate on at this point,\" Westrup said by email.\u003c/p>\n\u003cp>And some counties may challenge a statewide rule in any event. While same-sex marriages were legal in 2008, in the time between when the court struck down Prop. 22 and the passage of Prop. 8, several counties, including Kern, Siskiyou and Butte, refused to perform civil ceremonies. They only issued the licenses.\u003c/p>\n\u003cp>According to Allen, that resulted in many more couples from those counties rushing to Shasta County to have their ceremonies performed. Officials in Kern County have not said how they will proceed this time if Prop. 8 is struck down.\u003c/p>\n\u003cp>Interestingly, the technical challenges to performing same-sex marriages -- i.e., changing the license forms and naming conventions to be gender-neutral -- were all addressed in 2008 when about 18,000 same-sex couples were married before Prop. 8 passed, said Allen. That means this time, they'll be \"ready to go,\" she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>If Prop. 8 is struck down, officials have said there could be a 25-day waiting period before marriages resume, meaning the earliest that ceremonies could be performed would be mid-July. However, even this is uncertain. Most cities and counties are preparing to be ready to issue a flood of licenses on Day One, should same-sex marriage be legalized. According to \u003ca href=\"http://www.nbcbayarea.com/news/local/SF-Training-Volunteers-to-Administer-Marriage-Licenses-in-Preparation-for-Prop-8-Decision-211482311.html\" target=\"_blank\">NBC Bay Area\u003c/a>, San Francisco has even begun training volunteers to oversee impromptu weddings.\u003c/p>\n\u003cblockquote>\u003cp>“We anticipate that it could be as much as 200 people who come down to City Hall,” said San Francisco County Administrator Naomi Kelly. “We just want to make sure that anyone who wants to get married on that day can.”\u003c/p>\n\u003cp>To prepare, the city is training dozens of volunteers to become deputy clerks. The volunteers are made up of mostly city employees giving up time to learn everything from how to administer vows to inputting legal data into city computers. Some will work as greeters, helping the betrothed navigate the winding matrimonial process.\u003c/p>\u003c/blockquote>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Can San Jose Win Its Lawsuit Against Major League Baseball?",
"title": "Can San Jose Win Its Lawsuit Against Major League Baseball?",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>On Tuesday, San Jose’s impatience with Major League Baseball’s inability to solve the seemingly intractable dispute pitting the A’s and San Jose against Major League Baseball manifested itself in the \u003ca href=\"http://ww2.kqed.org/news/2013/06/18/san-jose-city-council-votes-to-sue-mlb-over-as-move/\" target=\"_blank\">city filing a lawsuit against the league in federal court\u003c/a>. The conflict stems from the Giants' refusal to cede the territorial rights to California's third largest city to the A's-- rights which the A's, believe it or not, actually granted to the Giants in the 1990s --thus preventing the relocation.\u003c/p>\n\u003cfigure id=\"attachment_62095\" class=\"wp-caption alignleft\" style=\"max-width: 200px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/04/sanjoseas.jpg\">\u003cimg class=\"size-full wp-image-62095\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/04/sanjoseas.jpg\" alt=\"Still a fake logo...\" width=\"200\" height=\"202\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Still a fake logo...\u003c/figcaption>\u003c/figure>\n\u003cp>“This action arises from the blatant conspiracy by Major League Baseball to prevent the Athletics Baseball Club from moving to San Jose,” the federal complaint begins. \"For years, MLB has unlawfully conspired to control the location and relocation of major league men’s professional baseball clubs under the guise of an 'antitrust exemption' applied to the business of baseball.\"\u003c/p>\n\u003cp>The lawsuit, which you can \u003ca href=\"http://ww2.kqed.org/news/2013/06/18/san-jose-city-council-votes-to-sue-mlb-over-as-move/#suit\" target=\"_blank\">read here\u003c/a>, claims San Jose has suffered losses in the millions of dollars related to direct spending and tax revenue.\u003c/p>\n\u003cp>Baseball's antitrust exemption, created in a \u003ca href=\"http://www.oyez.org/cases/1901-1939/1921/1921_204\" target=\"_blank\">1922 U.S. Supreme Court ruling\u003c/a>, is a cherished component of its business model. By challenging it, San Jose is putting into play a sort of worst-case scenario for the sport.\u003c/p>\n\u003cp>“It’s a core tenet of what baseball holds very near and dear to them,” said Maury Brown, president of the Business of Sports Network and a writer for Baseball Prospectus. “They have lobbied and spent millions of dollars over the years through their PACs to basically retain that. So I believe that they are probably scared.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But the antitrust exemption has been unsuccessfully tested before, in 1953 and again in 1972 in the famous \u003ca href=\"http://www.theatlantic.com/entertainment/archive/2011/07/how-curt-flood-changed-baseball-and-killed-his-career-in-the-process/241783/\" target=\"_blank\">Curt Flood case\u003c/a>. In that instance, the All Star baseball player challenged baseball's now-defunct \"reserve clause,\" which bound players to a team as long as the club desired. (\"A well-paid slave is nonetheless a slave,\" Flood said.)\u003c/p>\n\u003cp>In 1998 Congress passed the Curt Flood Act, which limited baseball's antitrust exemption in terms of its labor relations, said Michael McCann, director of the Sports and Entertainment Law Institute at the University of New Hampshire School of Law and a legal analyst for Sports Illustrated. This enshrined into law what had already been resolved in collective bargaining agreements. What that legislation did not do is end the league’s ability to block franchise relocation. \u003c!--more-->\u003c/p>\n\u003cp>“Most scholars and courts would say because Congress declined to do anything about the exemption in 1998, it should continue to remain in place,“ said McCann.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003cstrong>[The antitrust exemption] is a core tenet of what baseball holds very near and dear ...\"\u003c/strong>\u003cbr>\n--Maury Brown, The Business of Sports Network\n\u003c/aside>\n\u003cp>McCann said the legal premise behind baseball’s antitrust exemption stems from the court’s nearly century-old view of the Constitution’s Commerce Clause.\u003c/p>\n\u003cp>“In order for [antitrust laws] to apply, there has to be interstate commerce,” he said. “And the court held that because baseball games are only played in one place, that’s not interstate commerce. The court today would never agree to that – that’s a very archaic view.”\u003c/p>\n\u003cp>Still, McCann thinks the odds of San Jose prevailing in the case are “very low.”\u003c/p>\n\u003cp>“I think it would take a very creative judge in terms of where the case is initially assigned to overlook precedent. But sometimes judges do their own thing and a judge may look at this more from a policy perspective than a precedent perspective. That’s certainly what San Jose is hoping for.\"\u003c/p>\n\u003cp>Other legal opinions expressed on the Web concur with McCann’s view that San Jose is unlikely to forge new ground here, no matter how just its cause. From the \u003ca href=\"http://www.mercurynews.com/athletics/ci_23485245/san-jose-sues-mlb-over-stalled-oakland-move\" target=\"_blank\">San Jose Mercury News\u003c/a> on Tuesday:\u003c/p>\n\u003cblockquote>\u003cp>University of Virginia law professor Gordon Hylton, who has studied the legal history of American sports, said he \"never thought that the division of the Bay Area into two distinct areas made much sense.\" He added that organized baseball's monopoly is \"almost certainly a violation of the federal antitrust laws.\"\u003c/p>\n\u003cp>But Hylton was skeptical a San Jose lawsuit against the baseball monopoly would succeed. \"San Jose would probably be better off appealing to Congress than the courts,\" Hylton said.\u003c/p>\u003c/blockquote>\n\u003cp>And from \u003ca href=\"http://www.forbes.com/sites/tomvanriper/2013/06/20/san-joses-lawsuit-against-major-league-baseball-is-weak/\" target=\"_blank\">Tom Van Riper's column in Forbes\u003c/a> today, on the failure of the potential revocation of the exemption to solve San Jose's problem in any case ....\u003c/p>\n\u003cblockquote>\u003cp>The league could certainly maintain a degree of control of its franchises, as does the NFL and other leagues,” says Joseph Bauer, a professor of law at the \u003ca href=\"http://www.forbes.com/colleges/university-of-notre-dame/\">University of Notre Dame\u003c/a>, who studies sports labor issues. “Removing the exemption doesn’t make it unlawful if it has merit.”\u003c/p>\n\u003cp>Merit would conceivably include optimizing business by spreading things out in a way that makes sense. “The league has a legitimate interest in where its franchises are located,” says Matthew Mitten, director of the National Sports Law Institute at Marquette University. “That includes being geographically disbursed for television and for sponsors.”\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>\u003c/strong>Maury Brown, of the Business of Sports Network, said there is some precedent for teams successfully challenging their leagues for the right to relocate. He pointed to the San Diego Clippers' move to Los Angeles in 1984, which it did without permission from the NBA. The Clippers and the league settled in 1987, with the team paying the league $6 million and formally agreeing that NBA rules on franchise location are binding.\u003c/p>\n\u003cp>In 1982, Al Davis sued for and won the right to move the Raiders from Oakland to Los Angeles against a unanimous veto of the relocation by NFL owners.\u003c/p>\n\u003cp>\u003cstrong>THE STADIUM ISSUE\u003c/strong>\u003c/p>\n\u003cp>That was another dispute that had its roots in displeasure over the Oakland Coliseum: City officials wouldn’t make improvements to the venue that Davis wanted. Leaving aside San Jose's legal case, I asked Maury Brown how much of the A's business problems have to do with the deficiencies of their stadium (now officially called O.co Coliseum, though, really, not by fans).\u003c/p>\n\u003cp>Brown, who grew up in the Bay Area and calls himself a “Finley kid,” said of the venue: \"It is the last multipurpose stadium available. It is really not terribly conducive to the whole ballpark experience, which is wholly unique in all of sports.\u003c/p>\n\u003cp>\"Ballparks have this historical element, especially since the advent of Oriole Park at Camden Yards and this throwback thing. People really experience ballparks in a different way. I would have to say the stadium is probably a very key element in trying to allow them to be competitive.\"\u003c/p>\n\u003cp>The promise of a new stadium in downtown San Jose is one thing that has tempted A’s ownership, though even if the move were approved tomorrow, that is not exactly a shovel-ready project and would require a referendum and the acquisition of additional land parcels.\u003c/p>\n\u003cp>Getting a new sports venue built is no easy trick, said Brown.\u003c/p>\n\u003cp>“Ballparks, there’s all these things that come into play – whether infrastructure has to be changed or modified to basically allow 20,000 to maybe 40,000 people to go into a certain area.\u003c/p>\n\u003cp>\"There can be lots of individuals that say we want to have this happen, but when it really comes down to brass tacks, it can be exceptionally difficult.” “\u003c/p>\n\u003cp>The other thing that’s tempting the A’s is the lure of playing in the heart of Silicon Valley. As KQED’s Nina Thorsen reported in her \u003ca href=\"http://www.kqed.org/a/kqednews/RN201204190633/a\" target=\"_blank\">series on the stalled San Jose move\u003c/a> last year, \"These relocations are inspired not so much by the fan base or the availability of land, but by the proximity to corporations who are an increasingly important source of revenue.\"\u003c/p>\n\u003cp>John Vrooman, a sports economist on the faculty of Vanderbilt University in Nashville, told Thorsen that corporate clients are the most important ticket buyers. \"It's true for the Sharks, it's true for the Warriors, it's true for the Raiders, and it's going be true for the Athletics.\"\u003c/p>\n\u003cp>As for the non-corporate Oakland fan base of today, the uncertainty continues. As it does for the would-be fan base awaiting in San Jose.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>As of Thursday, the \u003ca href=\"http://mlb.mlb.com/mlb/standings/\" target=\"_blank\">A's were in first place\u003c/a>.\u003c/p>\n\n",
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"description": "On Tuesday, San Jose’s impatience with Major League Baseball’s inability to solve the seemingly intractable dispute pitting the A’s and San Jose against Major League Baseball manifested itself in the city filing a lawsuit against the league in federal court. The conflict stems from the Giants' refusal to cede the territorial rights to California's third",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>On Tuesday, San Jose’s impatience with Major League Baseball’s inability to solve the seemingly intractable dispute pitting the A’s and San Jose against Major League Baseball manifested itself in the \u003ca href=\"http://ww2.kqed.org/news/2013/06/18/san-jose-city-council-votes-to-sue-mlb-over-as-move/\" target=\"_blank\">city filing a lawsuit against the league in federal court\u003c/a>. The conflict stems from the Giants' refusal to cede the territorial rights to California's third largest city to the A's-- rights which the A's, believe it or not, actually granted to the Giants in the 1990s --thus preventing the relocation.\u003c/p>\n\u003cfigure id=\"attachment_62095\" class=\"wp-caption alignleft\" style=\"max-width: 200px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/04/sanjoseas.jpg\">\u003cimg class=\"size-full wp-image-62095\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/04/sanjoseas.jpg\" alt=\"Still a fake logo...\" width=\"200\" height=\"202\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Still a fake logo...\u003c/figcaption>\u003c/figure>\n\u003cp>“This action arises from the blatant conspiracy by Major League Baseball to prevent the Athletics Baseball Club from moving to San Jose,” the federal complaint begins. \"For years, MLB has unlawfully conspired to control the location and relocation of major league men’s professional baseball clubs under the guise of an 'antitrust exemption' applied to the business of baseball.\"\u003c/p>\n\u003cp>The lawsuit, which you can \u003ca href=\"http://ww2.kqed.org/news/2013/06/18/san-jose-city-council-votes-to-sue-mlb-over-as-move/#suit\" target=\"_blank\">read here\u003c/a>, claims San Jose has suffered losses in the millions of dollars related to direct spending and tax revenue.\u003c/p>\n\u003cp>Baseball's antitrust exemption, created in a \u003ca href=\"http://www.oyez.org/cases/1901-1939/1921/1921_204\" target=\"_blank\">1922 U.S. Supreme Court ruling\u003c/a>, is a cherished component of its business model. By challenging it, San Jose is putting into play a sort of worst-case scenario for the sport.\u003c/p>\n\u003cp>“It’s a core tenet of what baseball holds very near and dear to them,” said Maury Brown, president of the Business of Sports Network and a writer for Baseball Prospectus. “They have lobbied and spent millions of dollars over the years through their PACs to basically retain that. So I believe that they are probably scared.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But the antitrust exemption has been unsuccessfully tested before, in 1953 and again in 1972 in the famous \u003ca href=\"http://www.theatlantic.com/entertainment/archive/2011/07/how-curt-flood-changed-baseball-and-killed-his-career-in-the-process/241783/\" target=\"_blank\">Curt Flood case\u003c/a>. In that instance, the All Star baseball player challenged baseball's now-defunct \"reserve clause,\" which bound players to a team as long as the club desired. (\"A well-paid slave is nonetheless a slave,\" Flood said.)\u003c/p>\n\u003cp>In 1998 Congress passed the Curt Flood Act, which limited baseball's antitrust exemption in terms of its labor relations, said Michael McCann, director of the Sports and Entertainment Law Institute at the University of New Hampshire School of Law and a legal analyst for Sports Illustrated. This enshrined into law what had already been resolved in collective bargaining agreements. What that legislation did not do is end the league’s ability to block franchise relocation. \u003c!--more-->\u003c/p>\n\u003cp>“Most scholars and courts would say because Congress declined to do anything about the exemption in 1998, it should continue to remain in place,“ said McCann.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003cstrong>[The antitrust exemption] is a core tenet of what baseball holds very near and dear ...\"\u003c/strong>\u003cbr>\n--Maury Brown, The Business of Sports Network\n\u003c/aside>\n\u003cp>McCann said the legal premise behind baseball’s antitrust exemption stems from the court’s nearly century-old view of the Constitution’s Commerce Clause.\u003c/p>\n\u003cp>“In order for [antitrust laws] to apply, there has to be interstate commerce,” he said. “And the court held that because baseball games are only played in one place, that’s not interstate commerce. The court today would never agree to that – that’s a very archaic view.”\u003c/p>\n\u003cp>Still, McCann thinks the odds of San Jose prevailing in the case are “very low.”\u003c/p>\n\u003cp>“I think it would take a very creative judge in terms of where the case is initially assigned to overlook precedent. But sometimes judges do their own thing and a judge may look at this more from a policy perspective than a precedent perspective. That’s certainly what San Jose is hoping for.\"\u003c/p>\n\u003cp>Other legal opinions expressed on the Web concur with McCann’s view that San Jose is unlikely to forge new ground here, no matter how just its cause. From the \u003ca href=\"http://www.mercurynews.com/athletics/ci_23485245/san-jose-sues-mlb-over-stalled-oakland-move\" target=\"_blank\">San Jose Mercury News\u003c/a> on Tuesday:\u003c/p>\n\u003cblockquote>\u003cp>University of Virginia law professor Gordon Hylton, who has studied the legal history of American sports, said he \"never thought that the division of the Bay Area into two distinct areas made much sense.\" He added that organized baseball's monopoly is \"almost certainly a violation of the federal antitrust laws.\"\u003c/p>\n\u003cp>But Hylton was skeptical a San Jose lawsuit against the baseball monopoly would succeed. \"San Jose would probably be better off appealing to Congress than the courts,\" Hylton said.\u003c/p>\u003c/blockquote>\n\u003cp>And from \u003ca href=\"http://www.forbes.com/sites/tomvanriper/2013/06/20/san-joses-lawsuit-against-major-league-baseball-is-weak/\" target=\"_blank\">Tom Van Riper's column in Forbes\u003c/a> today, on the failure of the potential revocation of the exemption to solve San Jose's problem in any case ....\u003c/p>\n\u003cblockquote>\u003cp>The league could certainly maintain a degree of control of its franchises, as does the NFL and other leagues,” says Joseph Bauer, a professor of law at the \u003ca href=\"http://www.forbes.com/colleges/university-of-notre-dame/\">University of Notre Dame\u003c/a>, who studies sports labor issues. “Removing the exemption doesn’t make it unlawful if it has merit.”\u003c/p>\n\u003cp>Merit would conceivably include optimizing business by spreading things out in a way that makes sense. “The league has a legitimate interest in where its franchises are located,” says Matthew Mitten, director of the National Sports Law Institute at Marquette University. “That includes being geographically disbursed for television and for sponsors.”\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>\u003c/strong>Maury Brown, of the Business of Sports Network, said there is some precedent for teams successfully challenging their leagues for the right to relocate. He pointed to the San Diego Clippers' move to Los Angeles in 1984, which it did without permission from the NBA. The Clippers and the league settled in 1987, with the team paying the league $6 million and formally agreeing that NBA rules on franchise location are binding.\u003c/p>\n\u003cp>In 1982, Al Davis sued for and won the right to move the Raiders from Oakland to Los Angeles against a unanimous veto of the relocation by NFL owners.\u003c/p>\n\u003cp>\u003cstrong>THE STADIUM ISSUE\u003c/strong>\u003c/p>\n\u003cp>That was another dispute that had its roots in displeasure over the Oakland Coliseum: City officials wouldn’t make improvements to the venue that Davis wanted. Leaving aside San Jose's legal case, I asked Maury Brown how much of the A's business problems have to do with the deficiencies of their stadium (now officially called O.co Coliseum, though, really, not by fans).\u003c/p>\n\u003cp>Brown, who grew up in the Bay Area and calls himself a “Finley kid,” said of the venue: \"It is the last multipurpose stadium available. It is really not terribly conducive to the whole ballpark experience, which is wholly unique in all of sports.\u003c/p>\n\u003cp>\"Ballparks have this historical element, especially since the advent of Oriole Park at Camden Yards and this throwback thing. People really experience ballparks in a different way. I would have to say the stadium is probably a very key element in trying to allow them to be competitive.\"\u003c/p>\n\u003cp>The promise of a new stadium in downtown San Jose is one thing that has tempted A’s ownership, though even if the move were approved tomorrow, that is not exactly a shovel-ready project and would require a referendum and the acquisition of additional land parcels.\u003c/p>\n\u003cp>Getting a new sports venue built is no easy trick, said Brown.\u003c/p>\n\u003cp>“Ballparks, there’s all these things that come into play – whether infrastructure has to be changed or modified to basically allow 20,000 to maybe 40,000 people to go into a certain area.\u003c/p>\n\u003cp>\"There can be lots of individuals that say we want to have this happen, but when it really comes down to brass tacks, it can be exceptionally difficult.” “\u003c/p>\n\u003cp>The other thing that’s tempting the A’s is the lure of playing in the heart of Silicon Valley. As KQED’s Nina Thorsen reported in her \u003ca href=\"http://www.kqed.org/a/kqednews/RN201204190633/a\" target=\"_blank\">series on the stalled San Jose move\u003c/a> last year, \"These relocations are inspired not so much by the fan base or the availability of land, but by the proximity to corporations who are an increasingly important source of revenue.\"\u003c/p>\n\u003cp>John Vrooman, a sports economist on the faculty of Vanderbilt University in Nashville, told Thorsen that corporate clients are the most important ticket buyers. \"It's true for the Sharks, it's true for the Warriors, it's true for the Raiders, and it's going be true for the Athletics.\"\u003c/p>\n\u003cp>As for the non-corporate Oakland fan base of today, the uncertainty continues. As it does for the would-be fan base awaiting in San Jose.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Court Rules Gov. Brown Must Comply With Reducing Prison Population",
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"content": "\u003cp>SACRAMENTO, Calif. (AP) — A panel of federal judges on Thursday rejected Gov. Jerry Brown's attempt to circumvent its long-standing order for reducing California's prison population, the latest step in an ongoing legal drama over how to improve the medical and mental health care for state inmates.\u003c/p>\n\u003cfigure id=\"attachment_100716\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003cimg class=\"size-medium wp-image-100716\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/RS50_ChinoStatePrisonInmates20130108-scr-300x215.jpg\" alt=\"File photo. An inmate at Chino State Prison. (Kevork Djansezian/Getty Images)\" width=\"300\" height=\"215\">\u003cfigcaption class=\"wp-caption-text\">File photo. An inmate at Chino State Prison. (Kevork Djansezian/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The judges stopped short of citing the Democratic governor for contempt of court, as they had threatened earlier this year.\u003c/p>\n\u003cp>The plan submitted by the Brown administration in May to further reduce the inmate population failed to meet the judges' mandate because it fell short of the court-ordered population cap by 2,300 inmates, the judges said in their 51-page order. That order has been upheld by the U.S. Supreme Court.\u003c/p>\n\u003cp>The judges reiterated in their ruling that the governor must comply with the original order to reduce the population to 110,000 inmates by the end of the year. They ordered Brown to take all the steps he outlined in May, as well as one more step — the expansion of good-time credits leading to early release. Brown had offered that as an option, but it was not one he was willing to embrace.\u003c/p>\n\u003cp>The governor's plan for getting closer to the required level called for sending more inmates to firefighting camps, leasing cells at county jails, slowing the return of thousands of inmates now housed in private prisons in other states, increasing early release credits for nonviolent inmates and paroling elderly felons. \u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The judges said they want the administration to implement all the measures regardless of whether they conflict with any state or local laws.\u003c/p>\n\u003cp>The ruling from the three-judge panel was expected, and the governor already has filed notice that he intends to appeal to the U.S. Supreme Court.\u003c/p>\n\u003cp>Deborah Hoffman, a spokeswoman for the California Department of Corrections and Rehabilitation, said the administration is reviewing the order and had no immediate comment. However, the administration is expected to ask the courts to stay the judges' order while its appeal is underway.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>At issue is how far the state must go in reducing its inmate population to meet a previous court order to improve medical and mental health treatment. The courts have said that prison overcrowding is the main cause of care that fails to meet the constitutional guarantee against cruel and unusual punishment.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>SACRAMENTO, Calif. (AP) — A panel of federal judges on Thursday rejected Gov. Jerry Brown's attempt to circumvent its long-standing order for reducing California's prison population, the latest step in an ongoing legal drama over how to improve the medical and mental health care for state inmates.\u003c/p>\n\u003cfigure id=\"attachment_100716\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003cimg class=\"size-medium wp-image-100716\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/RS50_ChinoStatePrisonInmates20130108-scr-300x215.jpg\" alt=\"File photo. An inmate at Chino State Prison. (Kevork Djansezian/Getty Images)\" width=\"300\" height=\"215\">\u003cfigcaption class=\"wp-caption-text\">File photo. An inmate at Chino State Prison. (Kevork Djansezian/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The judges stopped short of citing the Democratic governor for contempt of court, as they had threatened earlier this year.\u003c/p>\n\u003cp>The plan submitted by the Brown administration in May to further reduce the inmate population failed to meet the judges' mandate because it fell short of the court-ordered population cap by 2,300 inmates, the judges said in their 51-page order. That order has been upheld by the U.S. Supreme Court.\u003c/p>\n\u003cp>The judges reiterated in their ruling that the governor must comply with the original order to reduce the population to 110,000 inmates by the end of the year. They ordered Brown to take all the steps he outlined in May, as well as one more step — the expansion of good-time credits leading to early release. Brown had offered that as an option, but it was not one he was willing to embrace.\u003c/p>\n\u003cp>The governor's plan for getting closer to the required level called for sending more inmates to firefighting camps, leasing cells at county jails, slowing the return of thousands of inmates now housed in private prisons in other states, increasing early release credits for nonviolent inmates and paroling elderly felons. \u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The judges said they want the administration to implement all the measures regardless of whether they conflict with any state or local laws.\u003c/p>\n\u003cp>The ruling from the three-judge panel was expected, and the governor already has filed notice that he intends to appeal to the U.S. Supreme Court.\u003c/p>\n\u003cp>Deborah Hoffman, a spokeswoman for the California Department of Corrections and Rehabilitation, said the administration is reviewing the order and had no immediate comment. However, the administration is expected to ask the courts to stay the judges' order while its appeal is underway.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>At issue is how far the state must go in reducing its inmate population to meet a previous court order to improve medical and mental health treatment. The courts have said that prison overcrowding is the main cause of care that fails to meet the constitutional guarantee against cruel and unusual punishment.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "No Supreme Court Decision on Prop. 8 or DOMA Today; Next Possibility is Monday",
"title": "No Supreme Court Decision on Prop. 8 or DOMA Today; Next Possibility is Monday",
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"content": "\u003cfigure id=\"attachment_55200\" class=\"wp-caption alignright\" style=\"max-width: 320px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Prop8plaintiffsSM1.jpg\">\u003cimg class=\"size-full wp-image-55200\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Prop8plaintiffsSM1.jpg\" alt=\"Plaintiffs in the lawusit against Prop 8 (Scott Shafer/KQED)\" width=\"320\" height=\"240\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Plaintiffs in the lawusit against Prop 8 (Scott Shafer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update\u003c/strong>: The U.S. Supreme Court released three decisions today, none of which was one of the closely watched cases on same-sex marriage, the Voting Rights Act and affirmative action in school admissions.\u003c/p>\n\u003cp>The court now has 11 cases still remaining.\u003c/p>\n\u003cp>There are only two scheduled decision-release days left, Monday and Thursday -- though it's possible the court will go even beyond that date in coming to grips with the potential landmark cases remaining.\u003c/p>\n\u003cp>While you're waiting ... and waiting and waiting .... here's \u003ca href=\"http://ww2.kqed.org/news/2013/06/18/prop-8-supreme-court/\" target=\"_blank\">everything you ever wanted to know about the Prop. 8 case and then some\u003c/a>. The Reader's Digest version:\u003c/p>\n\u003cp>Prop. 8 is California's same-sex marriage ban that was struck down on narrow grounds by the 9th U.S. Circuit Court of Appeals. Should SCOTUS uphold that decision, same-sex marriages could begin again in California in mid-to-late July, according to San Francisco City Attorney Dennis Herrera's office. (San Francisco was an intervenor in the case on the plaintiff's side.) If the court uses the case to issue a more sweeping ruling that all same-sex marriage bans are illegal, that would effectively legalize same-sex marriage throughout the country. \u003c!--more-->\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cul>\n\u003cli>\u003cstrong>\u003ca href=\"http://ww2.kqed.org/news/2013/06/18/prop-8-supreme-court/\" target=\"_blank\">Prop. 8 at the Supreme Court: What You Need to Know\u003c/a>\u003c/strong>\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"http://ww2.kqed.org/news/2013/03/20/timeline-the-long-battle-over-same-sex-marriage-in-california/\" target=\"_blank\">Timeline: The Long Battle Over Same-Sex Marriage in California\u003c/a>\u003c/strong>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>Legal analyst Vikram Amar, however, \u003ca href=\"http://ww2.kqed.org/news/2013/06/13/supreme-court-may-have-the-final-word-on-prop-8/\" target=\"_blank\">told KQED's Scott Shafer last week\u003c/a> that a broad decision declaring a fundamental nationwide right to same-sex marriage is highly unlikely. “It's very rare for the court to invalidate the laws of two-thirds or three-quarters of the states,” Amar said. He noted that when bans on interracial marriage were struck down in 1967, only 16 states had such laws -- compared with 35 that now ban gay marriage.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But it should also be noted that polls have shown a remarkable swing in favor of same-sex marriage since voters approved Prop. 8 in 2008. So, even in a worst-case scenario for those who support same-sex marriage -- that California's ban is upheld -- a ballot initiative in 2014 could well overturn the law. On Wednesday, state Senate President Pro Tem Darrell Steinberg said the \u003ca href=\"http://www.sfchronicle.com/politics/article/Calif-may-act-if-court-upholds-Prop-8-4611357.php\" target=\"_blank\">Senate may act to place a repeal of Prop. 8 on the ballot \u003c/a>should same-sex marriages remain illegal in the state. Such a measure would require a two-thirds vote of the Legislature for it to be placed before voters. LGBT advocates could also place a measure on the ballot.\u003c/p>\n\u003cp>\u003cstrong>DOMA\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>DOMA is a 1996 federal law that defines marriage as between only a man and a woman. It prevents those who are in same-sex marriages from receiving a host of federal benefits, such as the ability to file a joint tax return. In the case before the court, a widow was forced to pay $363,000 in inheritance taxes after her female spouse died, a liability she would not have incurred if she'd been married to a man. A federal appeals court ruled that provision of DOMA was unconstitutional. Another provision, requiring states to recognize only opposite-sex marriages performed in other states, is not at issue here.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_55200\" class=\"wp-caption alignright\" style=\"max-width: 320px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Prop8plaintiffsSM1.jpg\">\u003cimg class=\"size-full wp-image-55200\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Prop8plaintiffsSM1.jpg\" alt=\"Plaintiffs in the lawusit against Prop 8 (Scott Shafer/KQED)\" width=\"320\" height=\"240\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Plaintiffs in the lawusit against Prop 8 (Scott Shafer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update\u003c/strong>: The U.S. Supreme Court released three decisions today, none of which was one of the closely watched cases on same-sex marriage, the Voting Rights Act and affirmative action in school admissions.\u003c/p>\n\u003cp>The court now has 11 cases still remaining.\u003c/p>\n\u003cp>There are only two scheduled decision-release days left, Monday and Thursday -- though it's possible the court will go even beyond that date in coming to grips with the potential landmark cases remaining.\u003c/p>\n\u003cp>While you're waiting ... and waiting and waiting .... here's \u003ca href=\"http://ww2.kqed.org/news/2013/06/18/prop-8-supreme-court/\" target=\"_blank\">everything you ever wanted to know about the Prop. 8 case and then some\u003c/a>. The Reader's Digest version:\u003c/p>\n\u003cp>Prop. 8 is California's same-sex marriage ban that was struck down on narrow grounds by the 9th U.S. Circuit Court of Appeals. Should SCOTUS uphold that decision, same-sex marriages could begin again in California in mid-to-late July, according to San Francisco City Attorney Dennis Herrera's office. (San Francisco was an intervenor in the case on the plaintiff's side.) If the court uses the case to issue a more sweeping ruling that all same-sex marriage bans are illegal, that would effectively legalize same-sex marriage throughout the country. \u003c!--more-->\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cul>\n\u003cli>\u003cstrong>\u003ca href=\"http://ww2.kqed.org/news/2013/06/18/prop-8-supreme-court/\" target=\"_blank\">Prop. 8 at the Supreme Court: What You Need to Know\u003c/a>\u003c/strong>\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"http://ww2.kqed.org/news/2013/03/20/timeline-the-long-battle-over-same-sex-marriage-in-california/\" target=\"_blank\">Timeline: The Long Battle Over Same-Sex Marriage in California\u003c/a>\u003c/strong>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>Legal analyst Vikram Amar, however, \u003ca href=\"http://ww2.kqed.org/news/2013/06/13/supreme-court-may-have-the-final-word-on-prop-8/\" target=\"_blank\">told KQED's Scott Shafer last week\u003c/a> that a broad decision declaring a fundamental nationwide right to same-sex marriage is highly unlikely. “It's very rare for the court to invalidate the laws of two-thirds or three-quarters of the states,” Amar said. He noted that when bans on interracial marriage were struck down in 1967, only 16 states had such laws -- compared with 35 that now ban gay marriage.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But it should also be noted that polls have shown a remarkable swing in favor of same-sex marriage since voters approved Prop. 8 in 2008. So, even in a worst-case scenario for those who support same-sex marriage -- that California's ban is upheld -- a ballot initiative in 2014 could well overturn the law. On Wednesday, state Senate President Pro Tem Darrell Steinberg said the \u003ca href=\"http://www.sfchronicle.com/politics/article/Calif-may-act-if-court-upholds-Prop-8-4611357.php\" target=\"_blank\">Senate may act to place a repeal of Prop. 8 on the ballot \u003c/a>should same-sex marriages remain illegal in the state. Such a measure would require a two-thirds vote of the Legislature for it to be placed before voters. LGBT advocates could also place a measure on the ballot.\u003c/p>\n\u003cp>\u003cstrong>DOMA\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>DOMA is a 1996 federal law that defines marriage as between only a man and a woman. It prevents those who are in same-sex marriages from receiving a host of federal benefits, such as the ability to file a joint tax return. In the case before the court, a widow was forced to pay $363,000 in inheritance taxes after her female spouse died, a liability she would not have incurred if she'd been married to a man. A federal appeals court ruled that provision of DOMA was unconstitutional. Another provision, requiring states to recognize only opposite-sex marriages performed in other states, is not at issue here.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Prop. 8 at the Supreme Court: What You Need to Know",
"title": "Prop. 8 at the Supreme Court: What You Need to Know",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>\u003cstrong>by Rachael Marcus, Kelly Dunleavy O'Mara and Jon Brooks\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_91707\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/21/prop-8-what-you-need-to-know/supreme-court-decides-whether-of-not-to-review-challenge-of-californias-prop-8-4/\" rel=\"attachment wp-att-91707\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/RS1372_samesexmarriage20121130-300x200.jpg\" alt=\"Same-sex marriage proponent Kat McGuckin of Oaklyn, New Jersey, holds a gay marriage pride flag while standing in front of the Supreme Court November 30, 2012 in Washington, D.C. (Chip Somodevilla/Getty Images)\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Same-sex marriage proponent Kat McGuckin holds a gay marriage pride flag while standing in front of the U.S. Supreme Court in November 2012. (Chip Somodevilla/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>We are fast nearing a U.S. Supreme Court decision on Proposition 8, California's same-sex marriage ban. The court does not announce in advance which opinions it will release on which days, but the last scheduled date for opinions to come down is Jun 27, though the court could stretch the wait out beyond that date. Many SCOTUS observers believe the court will take as long as possible on the same-sex marriage cases, as it often does with potentially landmark decisions.\u003c/p>\n\u003cp>As you await the decision, here is an updated reposting of our Prop. 8-at-SCOTUS primer, which we first published in March, when the case was heard.\u003c/p>\n\u003cp>\u003cstrong>SAME-SEX MARRIAGE IN CALIFORNIA: A BRIEF HISTORY\u003c/strong>\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003cstrong>\u003ca href=\"http://ww2.kqed.org/news/2013/03/20/timeline-the-long-battle-over-same-sex-marriage-in-california/\" target=\"_blank\">Timeline: The battle over same-sex marriage in California\u003c/a>\u003c/strong>\u003c/aside>\n\u003cp>In California's June 2000 primary, 61 percent of the electorate voted \"yes\" on \u003ca href=\"http://primary2000.sos.ca.gov/VoterGuide/Propositions/22text.htm\" target=\"_blank\">Proposition 22\u003c/a>, a measure that amended state law to say: \"Only marriage between a man and a woman is valid or recognized.\" The state Supreme Court overturned the law in 2008 as discriminatory, opening the way for same-sex couples to get legally married in the state. About 18,000 gay and lesbian couples took advantage of the chance to tie the knot.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But the door that had been opened to same-sex couples slammed shut in November 2008, when voters passed \u003ca href=\"http://voterguide.sos.ca.gov/past/2008/general/title-sum/prop8-title-sum.htm\" target=\"_blank\">Proposition 8\u003c/a>. The measure, a constitutional amendment banning same-sex marriage, passed with 52 percent of the vote.\u003c/p>\n\u003cp>Same-sex marriage advocates immediately filed challenges with the California Supreme Court, which agreed to hear the case, and in May 2009 the court upheld Prop. 8, another blow against same-sex marriage. \u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>PROP. 8 IN THE FEDERAL COURTS\u003c/strong>\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003cstrong>Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license.\"\u003c/strong>\u003cbr>\n--Judge Vaughn Walker in his 2010 ruling\u003cbr>\n\u003c/aside>\n\u003cp>Taking the cause up the legal chain, same-sex marriage advocates then turned to the federal court system. \u003cem>Perry v. Schwarzenegger\u003c/em> (the governor was named the defendant because he was the head of state at the time, although he did not defend the measure) came before U.S. District Court Judge \u003ca href=\"http://blogs.kqed.org/prop8/2010/01/15/who-is-judge-vaughn-walker/\">Vaughn Walker\u003c/a>.\u003c/p>\n\u003cp>Walker \u003ca href=\"http://blogs.kqed.org/prop8/2010/08/04/prop-8-overturned-whats-next/\">overturned\u003c/a> Prop. 8 in August 2010, saying that it violated the federal constitutional guarantees of due process and equal protection under the law.\u003c/p>\n\u003cp>\"Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license,\" Walker wrote in the \u003ca href=\"http://www.kqed.org/assets/pdf/news/prop8ruling080410.pdf\">ruling\u003c/a>. \"Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples.\"\u003c/p>\n\u003cp>Nonetheless, Walker ruled that same-sex marriages should not resume in California until Prop. 8 supporters had a chance to appeal.\u003c/p>\n\u003cp>\u003cstrong>PROP. 8 BACKERS APPEAL\u003c/strong>\u003c/p>\n\u003cp>The \u003ca href=\"http://blogs.kqed.org/prop8/2010/08/05/prop-8-supporters-file-appeal/\">appeal\u003c/a> before the 9th U.S. Circuit Court got off to a rocky start in September 2010. Schwarzenegger, then-Lt. Gov. Abel Maldonado and then-Attorney General Jerry Brown \u003ca href=\"http://blogs.kqed.org/prop8/2010/09/13/is-abel-willing/\">declined to defend\u003c/a> the same-sex marriage ban in court. Imperial County was the only government entity \u003ca href=\"http://blogs.kqed.org/prop8/2010/08/10/imperial-county-files-to-intervene-in-proposition-8-appeals/\">willing to defend\u003c/a> Prop. 8, though the court soon ruled the county didn't have legal standing to intervene in the case. The federal court then sent the case back to the California Supreme Court for a ruling on whether even Prop. 8's proponents had legal standing to sue, considering that the state's publicly elected officials had declined to do so. California's high court \u003ca href=\"http://ww2.kqed.org/news/2011/11/17/california-ruling-on-standing-in-prop-8-case-due-at-10-a-m/\">ruled\u003c/a> that Prop. 8's proponents did, indeed, have the right to defend the measure.\u003c/p>\n\u003cp>The 9th Circuit then took up the case again, and in February 2012 it \u003ca href=\"http://ww2.kqed.org/news/2012/02/07/prop-8-appeals-court-decision/\">upheld\u003c/a> the district court's ruling, \u003ca href=\"http://ww2.kqed.org/news/2012/02/07/read-the-full-prop-8-ruling-and-key-passages/\">calling\u003c/a> Prop. 8 unconstitutional. It did, however, narrow the ruling considerably, applying it only to California.\u003c/p>\n\u003cp>\u003cstrong>PROP. 8 IN THE U.S. SUPREME COURT\u003c/strong>\u003c/p>\n\u003cp>Now the battle has \u003ca href=\"http://ww2.kqed.org/news/2012/12/07/u-s-supreme-court-announcement-on-proposition-8-californias-gay-marriage-ban/\">reached\u003c/a> the U.S. Supreme Court. The justices \u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\" target=\"_blank\">heard\u003c/a> oral arguments March 26. President Obama has \u003ca href=\"http://ww2.kqed.org/news/2013/02/28/obama-argues-against-californias-proposition-8-gay-marriage-ban/\">urged\u003c/a> the Supreme Court to overturn the same-sex marriage ban.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/03/26/proposition-8-oral-arguments-explained/\" target=\"_blank\">Oral arguments\u003c/a> touched on a number of issues: whether Prop. 8 proponents have standing to bring the case, how to define marriage, if procreation is connected to marriage and what the Constitution says.\u003c/p>\n\u003cp>In the meantime, other states have blazed their own trail on same-sex marriage. Currently, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Washington, Vermont and Washington, D.C., allow gays and lesbians to marry.\u003c/p>\n\u003cp>There are multiple possible outcomes of the Prop. 8 case. The court could potentially issue a sweeping ruling that overturns all same-sex marriage bans in the U.S. However, what is more likely, according to many legal analysts, is that the justices will rule in such a way as to \u003ca href=\"http://ww2.kqed.org/news/2013/06/13/supreme-court-may-have-the-final-word-on-prop-8/\" target=\"_blank\">restrict the impact of their ruling\u003c/a> to California, allowing other bans on same-sex marriage to stand.\u003c/p>\n\u003cp>And if the Supreme Court upholds Prop. 8, the decision would not affect the laws in states that already allow same-sex marriage.\u003c/p>\n\u003cp>The justices could also decide that Prop. 8 proponents lacked standing to bring the case, which would vacate the 9th Circuit's decision and uphold Judge Vaughn Walker's ruling that Prop. 8 is unconstitutional. That could leave the issue open to further appeals, with the ban's supporters arguing that the District Court ruling should not apply statewide\u003c/p>\n\u003cp>\u003cstrong>WHAT ABOUT DOMA?\u003c/strong>\u003c/p>\n\u003cp>The Supreme Court \u003ca href=\"http://ww2.kqed.org/news/2013/03/27/audio-transcript-of-supreme-court-doma-oral-arguments/\" target=\"_blank\">heard\u003c/a> the arguments on the federal Defense of Marriage Act the day after Prop. 8 arguments. DOMA was signed into law by President Bill Clinton in 1996 to define marriage as between a man and a woman. (Clinton has since said he \u003ca href=\"http://www.npr.org/blogs/thetwo-way/2013/03/08/173808091/bill-clinton-defense-of-marriage-act-that-i-signed-is-unconstitutional\">believes\u003c/a> the law is unconstitutional.) DOMA consequently denies legally married same-sex couples a host of federal benefits that are available to married opposite-sex couples, such as the ability to file a joint tax return.\u003c/p>\n\u003cp>The case before the Supreme Court involves a widow who was forced to pay $363,000 in inheritance taxes after her female spouse died, a liability she would not have incurred if she'd been married to a man. A federal appeals court ruled that provision of DOMA was unconstitutional. Another provision, requiring states to recognize only opposite-sex marriages performed in other states, is not at issue.\u003c/p>\n\u003cp>Two hours of \u003ca href=\"http://ww2.kqed.org/news/2013/03/27/doma-oral-arguments-explained/\" target=\"_blank\">oral arguments\u003c/a> touched largely on what constitutes equal protection under the Constitution, states' rights, and why the president chose not to uphold the law.\u003c/p>\n\u003cp>If the court upholds DOMA, not much will likely change. But if DOMA is ruled unconstitutional, the federal government will have to recognize the same-sex marriages performed in the states where it is already legal, giving those married couples all the same federal rights and benefits as opposite-sex married couples.\u003c/p>\n\u003cp>\u003cstrong>GAY MARRIAGE IN CALIFORNIA TODAY\u003c/strong>\u003c/p>\n\u003cp>While the cases were being decided, same-sex marriages have not resumed in California, but those performed in 2008 between the overturning of Prop. 22 and the passage of Prop. 8 are considered valid in the state. A \u003ca href=\"http://ww2.kqed.org/news/2013/02/28/california-poll-finds-widespread-support-for-same-sex-marriage/\">Field Poll\u003c/a> released last month found that 61 percent of likely voters now support same-sex marriage. That's the same percentage that voted against it just 13 years ago.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Which means that even if Prop. 8 is upheld, we are likely to see another ballot, this one legalizing same-sex marriage in California, in 2014.\u003c/p>\n\n",
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"description": "by Rachael Marcus, Kelly Dunleavy O'Mara and Jon Brooks We are fast nearing a U.S. Supreme Court decision on Proposition 8, California's same-sex marriage ban. The court does not announce in advance which opinions it will release on which days, but the last scheduled date for opinions to come down is Jun 27, though the",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>by Rachael Marcus, Kelly Dunleavy O'Mara and Jon Brooks\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_91707\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/21/prop-8-what-you-need-to-know/supreme-court-decides-whether-of-not-to-review-challenge-of-californias-prop-8-4/\" rel=\"attachment wp-att-91707\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/RS1372_samesexmarriage20121130-300x200.jpg\" alt=\"Same-sex marriage proponent Kat McGuckin of Oaklyn, New Jersey, holds a gay marriage pride flag while standing in front of the Supreme Court November 30, 2012 in Washington, D.C. (Chip Somodevilla/Getty Images)\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Same-sex marriage proponent Kat McGuckin holds a gay marriage pride flag while standing in front of the U.S. Supreme Court in November 2012. (Chip Somodevilla/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>We are fast nearing a U.S. Supreme Court decision on Proposition 8, California's same-sex marriage ban. The court does not announce in advance which opinions it will release on which days, but the last scheduled date for opinions to come down is Jun 27, though the court could stretch the wait out beyond that date. Many SCOTUS observers believe the court will take as long as possible on the same-sex marriage cases, as it often does with potentially landmark decisions.\u003c/p>\n\u003cp>As you await the decision, here is an updated reposting of our Prop. 8-at-SCOTUS primer, which we first published in March, when the case was heard.\u003c/p>\n\u003cp>\u003cstrong>SAME-SEX MARRIAGE IN CALIFORNIA: A BRIEF HISTORY\u003c/strong>\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003cstrong>\u003ca href=\"http://ww2.kqed.org/news/2013/03/20/timeline-the-long-battle-over-same-sex-marriage-in-california/\" target=\"_blank\">Timeline: The battle over same-sex marriage in California\u003c/a>\u003c/strong>\u003c/aside>\n\u003cp>In California's June 2000 primary, 61 percent of the electorate voted \"yes\" on \u003ca href=\"http://primary2000.sos.ca.gov/VoterGuide/Propositions/22text.htm\" target=\"_blank\">Proposition 22\u003c/a>, a measure that amended state law to say: \"Only marriage between a man and a woman is valid or recognized.\" The state Supreme Court overturned the law in 2008 as discriminatory, opening the way for same-sex couples to get legally married in the state. About 18,000 gay and lesbian couples took advantage of the chance to tie the knot.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But the door that had been opened to same-sex couples slammed shut in November 2008, when voters passed \u003ca href=\"http://voterguide.sos.ca.gov/past/2008/general/title-sum/prop8-title-sum.htm\" target=\"_blank\">Proposition 8\u003c/a>. The measure, a constitutional amendment banning same-sex marriage, passed with 52 percent of the vote.\u003c/p>\n\u003cp>Same-sex marriage advocates immediately filed challenges with the California Supreme Court, which agreed to hear the case, and in May 2009 the court upheld Prop. 8, another blow against same-sex marriage. \u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>PROP. 8 IN THE FEDERAL COURTS\u003c/strong>\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003cstrong>Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license.\"\u003c/strong>\u003cbr>\n--Judge Vaughn Walker in his 2010 ruling\u003cbr>\n\u003c/aside>\n\u003cp>Taking the cause up the legal chain, same-sex marriage advocates then turned to the federal court system. \u003cem>Perry v. Schwarzenegger\u003c/em> (the governor was named the defendant because he was the head of state at the time, although he did not defend the measure) came before U.S. District Court Judge \u003ca href=\"http://blogs.kqed.org/prop8/2010/01/15/who-is-judge-vaughn-walker/\">Vaughn Walker\u003c/a>.\u003c/p>\n\u003cp>Walker \u003ca href=\"http://blogs.kqed.org/prop8/2010/08/04/prop-8-overturned-whats-next/\">overturned\u003c/a> Prop. 8 in August 2010, saying that it violated the federal constitutional guarantees of due process and equal protection under the law.\u003c/p>\n\u003cp>\"Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license,\" Walker wrote in the \u003ca href=\"http://www.kqed.org/assets/pdf/news/prop8ruling080410.pdf\">ruling\u003c/a>. \"Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples.\"\u003c/p>\n\u003cp>Nonetheless, Walker ruled that same-sex marriages should not resume in California until Prop. 8 supporters had a chance to appeal.\u003c/p>\n\u003cp>\u003cstrong>PROP. 8 BACKERS APPEAL\u003c/strong>\u003c/p>\n\u003cp>The \u003ca href=\"http://blogs.kqed.org/prop8/2010/08/05/prop-8-supporters-file-appeal/\">appeal\u003c/a> before the 9th U.S. Circuit Court got off to a rocky start in September 2010. Schwarzenegger, then-Lt. Gov. Abel Maldonado and then-Attorney General Jerry Brown \u003ca href=\"http://blogs.kqed.org/prop8/2010/09/13/is-abel-willing/\">declined to defend\u003c/a> the same-sex marriage ban in court. Imperial County was the only government entity \u003ca href=\"http://blogs.kqed.org/prop8/2010/08/10/imperial-county-files-to-intervene-in-proposition-8-appeals/\">willing to defend\u003c/a> Prop. 8, though the court soon ruled the county didn't have legal standing to intervene in the case. The federal court then sent the case back to the California Supreme Court for a ruling on whether even Prop. 8's proponents had legal standing to sue, considering that the state's publicly elected officials had declined to do so. California's high court \u003ca href=\"http://ww2.kqed.org/news/2011/11/17/california-ruling-on-standing-in-prop-8-case-due-at-10-a-m/\">ruled\u003c/a> that Prop. 8's proponents did, indeed, have the right to defend the measure.\u003c/p>\n\u003cp>The 9th Circuit then took up the case again, and in February 2012 it \u003ca href=\"http://ww2.kqed.org/news/2012/02/07/prop-8-appeals-court-decision/\">upheld\u003c/a> the district court's ruling, \u003ca href=\"http://ww2.kqed.org/news/2012/02/07/read-the-full-prop-8-ruling-and-key-passages/\">calling\u003c/a> Prop. 8 unconstitutional. It did, however, narrow the ruling considerably, applying it only to California.\u003c/p>\n\u003cp>\u003cstrong>PROP. 8 IN THE U.S. SUPREME COURT\u003c/strong>\u003c/p>\n\u003cp>Now the battle has \u003ca href=\"http://ww2.kqed.org/news/2012/12/07/u-s-supreme-court-announcement-on-proposition-8-californias-gay-marriage-ban/\">reached\u003c/a> the U.S. Supreme Court. The justices \u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\" target=\"_blank\">heard\u003c/a> oral arguments March 26. President Obama has \u003ca href=\"http://ww2.kqed.org/news/2013/02/28/obama-argues-against-californias-proposition-8-gay-marriage-ban/\">urged\u003c/a> the Supreme Court to overturn the same-sex marriage ban.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/03/26/proposition-8-oral-arguments-explained/\" target=\"_blank\">Oral arguments\u003c/a> touched on a number of issues: whether Prop. 8 proponents have standing to bring the case, how to define marriage, if procreation is connected to marriage and what the Constitution says.\u003c/p>\n\u003cp>In the meantime, other states have blazed their own trail on same-sex marriage. Currently, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Washington, Vermont and Washington, D.C., allow gays and lesbians to marry.\u003c/p>\n\u003cp>There are multiple possible outcomes of the Prop. 8 case. The court could potentially issue a sweeping ruling that overturns all same-sex marriage bans in the U.S. However, what is more likely, according to many legal analysts, is that the justices will rule in such a way as to \u003ca href=\"http://ww2.kqed.org/news/2013/06/13/supreme-court-may-have-the-final-word-on-prop-8/\" target=\"_blank\">restrict the impact of their ruling\u003c/a> to California, allowing other bans on same-sex marriage to stand.\u003c/p>\n\u003cp>And if the Supreme Court upholds Prop. 8, the decision would not affect the laws in states that already allow same-sex marriage.\u003c/p>\n\u003cp>The justices could also decide that Prop. 8 proponents lacked standing to bring the case, which would vacate the 9th Circuit's decision and uphold Judge Vaughn Walker's ruling that Prop. 8 is unconstitutional. That could leave the issue open to further appeals, with the ban's supporters arguing that the District Court ruling should not apply statewide\u003c/p>\n\u003cp>\u003cstrong>WHAT ABOUT DOMA?\u003c/strong>\u003c/p>\n\u003cp>The Supreme Court \u003ca href=\"http://ww2.kqed.org/news/2013/03/27/audio-transcript-of-supreme-court-doma-oral-arguments/\" target=\"_blank\">heard\u003c/a> the arguments on the federal Defense of Marriage Act the day after Prop. 8 arguments. DOMA was signed into law by President Bill Clinton in 1996 to define marriage as between a man and a woman. (Clinton has since said he \u003ca href=\"http://www.npr.org/blogs/thetwo-way/2013/03/08/173808091/bill-clinton-defense-of-marriage-act-that-i-signed-is-unconstitutional\">believes\u003c/a> the law is unconstitutional.) DOMA consequently denies legally married same-sex couples a host of federal benefits that are available to married opposite-sex couples, such as the ability to file a joint tax return.\u003c/p>\n\u003cp>The case before the Supreme Court involves a widow who was forced to pay $363,000 in inheritance taxes after her female spouse died, a liability she would not have incurred if she'd been married to a man. A federal appeals court ruled that provision of DOMA was unconstitutional. Another provision, requiring states to recognize only opposite-sex marriages performed in other states, is not at issue.\u003c/p>\n\u003cp>Two hours of \u003ca href=\"http://ww2.kqed.org/news/2013/03/27/doma-oral-arguments-explained/\" target=\"_blank\">oral arguments\u003c/a> touched largely on what constitutes equal protection under the Constitution, states' rights, and why the president chose not to uphold the law.\u003c/p>\n\u003cp>If the court upholds DOMA, not much will likely change. But if DOMA is ruled unconstitutional, the federal government will have to recognize the same-sex marriages performed in the states where it is already legal, giving those married couples all the same federal rights and benefits as opposite-sex married couples.\u003c/p>\n\u003cp>\u003cstrong>GAY MARRIAGE IN CALIFORNIA TODAY\u003c/strong>\u003c/p>\n\u003cp>While the cases were being decided, same-sex marriages have not resumed in California, but those performed in 2008 between the overturning of Prop. 22 and the passage of Prop. 8 are considered valid in the state. A \u003ca href=\"http://ww2.kqed.org/news/2013/02/28/california-poll-finds-widespread-support-for-same-sex-marriage/\">Field Poll\u003c/a> released last month found that 61 percent of likely voters now support same-sex marriage. That's the same percentage that voted against it just 13 years ago.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Which means that even if Prop. 8 is upheld, we are likely to see another ballot, this one legalizing same-sex marriage in California, in 2014.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "Open Government Activists Irate Over Proposed Weakening of Public Records Act",
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"content": "\u003cp>\u003cstrong>By Francesca Segrè and Dan Brekke\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_100402\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-100402\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/56531571-300x200.jpg\" alt=\"File photo. Sacramento (David Paul Morris/Getty Images)\" width=\"300\" height=\"200\">\u003cfigcaption class=\"wp-caption-text\">File photo. Sacramento (David Paul Morris/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>First Amendment activists and advocates of open government are furious about legislation sent to the governor that could make public records harder for news organizations and the general public to get.\u003c/p>\n\u003cp>Currently, the \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=06001-07000&file=6250-6270\" target=\"_blank\" rel=\"noopener\">California Public Records Act\u003c/a> requires local government agencies to respond to requests for public records within 10 days, to inform those who request information what records are available, to explain themselves when they deny a request, and to provide electronic records in the same form they’re stored (for instance, if your town has an Excel spreadsheet of employee salaries that’s subject to disclosure and you ask for that information, the town is obligated to provide the spreadsheet).\u003c/p>\n\u003cp>All that would change under a provision passed as a “trailer” to the state’s budget last week and sent to Gov. Jerry Brown.\u003c/p>\n\u003cp>Those directives in the current law are redefined as “best practices” and local government agencies are “encouraged, but are not required” to follow them. The \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB76\" target=\"_blank\" rel=\"noopener\">new language\u003c/a> would also compel local agencies to announce at their first public meeting every year whether they’ll volunteer to adhere to the best practices. (Note, though, that the changes do \u003cem>not\u003c/em> repeal the Public Records Act, and all the law’s provisions still apply to state government records.)\u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The changes were suggested by the Brown administration as a way of relieving a potentially expensive state mandate on local governments. In \u003ca href=\"http://www.lao.ca.gov/reports/2013/localgov/Newly-Identified-Mandates-53113.pdf\" target=\"_blank\" rel=\"noopener\">an analysis\u003c/a> of the new law, the independent Legislative Analyst’s Office said the annual cost of reimbursing cities’ and counties’ adherence to the mandates of the Public Records Act could be in the tens of millions of dollars. An LAO official contacted today said the state has never received a bill from local agencies for public record requests.\u003c/p>\n\u003cp>Peter Scheer of the \u003ca href=\"http://firstamendmentcoalition.org/\" target=\"_blank\" rel=\"noopener\">First Amendment Coalition\u003c/a> says the bill gives local governments a chance to create roadblocks to getting records.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cp>\u003cem>Editorials\u003c/em>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://www.mercurynews.com/opinion/ci_23485981/mercury-news-editorial-public-records-act-must-be\" target=\"_blank\" rel=\"noopener\">Public Records Act Must be Restored\u003c/a> (San Jose Mercury News)\u003c/li>\n\u003cli>\u003ca href=\"http://www.visaliatimesdelta.com/article/20130619/OPINION01/306190004/Editorial-RIP-California-Public-Records-Act\">RIP: California Public Records Act\u003c/a> (Visalia Times-Delta)\u003c/li>\n\u003cli>\u003ca href=\"http://www.fresnobee.com/2013/06/18/3349183/editorial-tell-brown-to-veto-attack.html\">Tell Jerry Brown to veto attack on Public Records Act\u003c/a>\u003cstrong>\u003cstrong> \u003c/strong>\u003c/strong>(Fresno Bee)\u003cbr>\n\u003c/li>\u003c/ul>\u003c/aside>\n\u003cp>But state Sen. Mark Leno, a Democrat from San Francisco who supported the bill, says changing the law’s requirements to “best practices” will still put pressure on local governments to honor records requests. “If your city or county government were to take such a vote not to provide these services, then they’re going to hear about it and you will rightfully have a problem with your local elected officials.”And LAO senior analyst Marianne O’Malley echoed that belief. “Ask any local government association — they’re all over this,” she says. “It is part of the fabric of California. I strongly doubt that anyone is not following the best practices. To make a public declaration that anyone is not going to follow these practices would be an extraordinary step.”\u003c/p>\n\u003cp>Leno conceded that if local governments choose not to follow the revised law’s suggestions, it will make it harder for some people to find public records. “Individuals who are less experienced and need a public document and don’t know how to find it — they will likely need some assistance,” he said.\u003c/p>\n\u003cp>Under the new bill, local governments could also claim some documents are exempt from public access without saying why they’re off limits. If people believe the local government response is unjust, they can sue.\u003c/p>\n\u003cp>The California Public Records Act was first enacted in 1968 and has been broadened over time. The provisions ordering local agencies to respond to record requests within 10 days and help the public find documents have been in place for more than a decade. But the \u003ca href=\"http://www.csm.ca.gov/\" target=\"_blank\" rel=\"noopener\">agency\u003c/a> responsible for determining whether the state has imposed a “reimbursable” mandate on local governments has not said how much the Public Records Act is costing cities and counties. Even with the changes in the law, the state will still be on the hook financially for the past decade of implementing the state-mandated components of the records act. The new bill would free the state from paying the bills going forward.\u003c/p>\n\u003cp>Leno said he believes local governments will continue to find money in their coffers to continue to help people locate documents and respond to them promptly. “My bet is that cities and counties aren’t going to change the fact that they provide that service, because it would not be politically expedient—they will hear from their constituents, ‘Why are you not providing that service any longer?’ ”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>If Gov. Brown signs the bill as expected, the new legislation will take effect July 1.\n\n\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>By Francesca Segrè and Dan Brekke\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_100402\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-100402\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/56531571-300x200.jpg\" alt=\"File photo. Sacramento (David Paul Morris/Getty Images)\" width=\"300\" height=\"200\">\u003cfigcaption class=\"wp-caption-text\">File photo. Sacramento (David Paul Morris/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>First Amendment activists and advocates of open government are furious about legislation sent to the governor that could make public records harder for news organizations and the general public to get.\u003c/p>\n\u003cp>Currently, the \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=06001-07000&file=6250-6270\" target=\"_blank\" rel=\"noopener\">California Public Records Act\u003c/a> requires local government agencies to respond to requests for public records within 10 days, to inform those who request information what records are available, to explain themselves when they deny a request, and to provide electronic records in the same form they’re stored (for instance, if your town has an Excel spreadsheet of employee salaries that’s subject to disclosure and you ask for that information, the town is obligated to provide the spreadsheet).\u003c/p>\n\u003cp>All that would change under a provision passed as a “trailer” to the state’s budget last week and sent to Gov. Jerry Brown.\u003c/p>\n\u003cp>Those directives in the current law are redefined as “best practices” and local government agencies are “encouraged, but are not required” to follow them. The \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB76\" target=\"_blank\" rel=\"noopener\">new language\u003c/a> would also compel local agencies to announce at their first public meeting every year whether they’ll volunteer to adhere to the best practices. (Note, though, that the changes do \u003cem>not\u003c/em> repeal the Public Records Act, and all the law’s provisions still apply to state government records.)\u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The changes were suggested by the Brown administration as a way of relieving a potentially expensive state mandate on local governments. In \u003ca href=\"http://www.lao.ca.gov/reports/2013/localgov/Newly-Identified-Mandates-53113.pdf\" target=\"_blank\" rel=\"noopener\">an analysis\u003c/a> of the new law, the independent Legislative Analyst’s Office said the annual cost of reimbursing cities’ and counties’ adherence to the mandates of the Public Records Act could be in the tens of millions of dollars. An LAO official contacted today said the state has never received a bill from local agencies for public record requests.\u003c/p>\n\u003cp>Peter Scheer of the \u003ca href=\"http://firstamendmentcoalition.org/\" target=\"_blank\" rel=\"noopener\">First Amendment Coalition\u003c/a> says the bill gives local governments a chance to create roadblocks to getting records.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cp>\u003cem>Editorials\u003c/em>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://www.mercurynews.com/opinion/ci_23485981/mercury-news-editorial-public-records-act-must-be\" target=\"_blank\" rel=\"noopener\">Public Records Act Must be Restored\u003c/a> (San Jose Mercury News)\u003c/li>\n\u003cli>\u003ca href=\"http://www.visaliatimesdelta.com/article/20130619/OPINION01/306190004/Editorial-RIP-California-Public-Records-Act\">RIP: California Public Records Act\u003c/a> (Visalia Times-Delta)\u003c/li>\n\u003cli>\u003ca href=\"http://www.fresnobee.com/2013/06/18/3349183/editorial-tell-brown-to-veto-attack.html\">Tell Jerry Brown to veto attack on Public Records Act\u003c/a>\u003cstrong>\u003cstrong> \u003c/strong>\u003c/strong>(Fresno Bee)\u003cbr>\n\u003c/li>\u003c/ul>\u003c/aside>\n\u003cp>But state Sen. Mark Leno, a Democrat from San Francisco who supported the bill, says changing the law’s requirements to “best practices” will still put pressure on local governments to honor records requests. “If your city or county government were to take such a vote not to provide these services, then they’re going to hear about it and you will rightfully have a problem with your local elected officials.”And LAO senior analyst Marianne O’Malley echoed that belief. “Ask any local government association — they’re all over this,” she says. “It is part of the fabric of California. I strongly doubt that anyone is not following the best practices. To make a public declaration that anyone is not going to follow these practices would be an extraordinary step.”\u003c/p>\n\u003cp>Leno conceded that if local governments choose not to follow the revised law’s suggestions, it will make it harder for some people to find public records. “Individuals who are less experienced and need a public document and don’t know how to find it — they will likely need some assistance,” he said.\u003c/p>\n\u003cp>Under the new bill, local governments could also claim some documents are exempt from public access without saying why they’re off limits. If people believe the local government response is unjust, they can sue.\u003c/p>\n\u003cp>The California Public Records Act was first enacted in 1968 and has been broadened over time. The provisions ordering local agencies to respond to record requests within 10 days and help the public find documents have been in place for more than a decade. But the \u003ca href=\"http://www.csm.ca.gov/\" target=\"_blank\" rel=\"noopener\">agency\u003c/a> responsible for determining whether the state has imposed a “reimbursable” mandate on local governments has not said how much the Public Records Act is costing cities and counties. Even with the changes in the law, the state will still be on the hook financially for the past decade of implementing the state-mandated components of the records act. The new bill would free the state from paying the bills going forward.\u003c/p>\n\u003cp>Leno said he believes local governments will continue to find money in their coffers to continue to help people locate documents and respond to them promptly. “My bet is that cities and counties aren’t going to change the fact that they provide that service, because it would not be politically expedient—they will hear from their constituents, ‘Why are you not providing that service any longer?’ ”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>If Gov. Brown signs the bill as expected, the new legislation will take effect July 1.\n\n\u003c/p>\n\u003c/div>\u003c/p>",
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"disqusTitle": "No Prop. 8/DOMA Supreme Court Decisions -- Watch Continues on Thursday",
"title": "No Prop. 8/DOMA Supreme Court Decisions -- Watch Continues on Thursday",
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"content": "\u003cp>\u003cstrong>Update: \u003c/strong>\u003ca href=\"http://www.scotusblog.com/\" target=\"_blank\">SCOTUSblog\u003c/a> tells us five opinions were released, none related to the same-sex marriage cases. Decisions on major cases on affirmative action and voting rights were also not issued. The court did strike down an Arizona law requiring proof of U.S. citizenship before registering to vote through a federal \"motor voter\" registration form.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003ca href=\"http://ww2.kqed.org/news/2013/06/18/prop-8-supreme-court/\" target=\"_blank\">\u003cstrong>Prop 8 at SCOTUS: What You Need to Know\u003c/strong>\u003c/a>\u003c/aside>\n\u003cp>The court now has 14 outstanding cases to decide. Next scheduled release date is Thursday.\u003c/p>\n\u003cp>So why is it taking so long? At least seven cases that already have been decided were argued after the Prop. 8 and DOMA cases, and the affirmative action case was heard way back in October. Here's an answer from one of the SCOTUSblog experts, lawyer Amy Howe:\u003c/p>\n\u003cp>\"I think it's just all about when they have the opinions ready. These are big, historic cases that we're talking about, and there are likely to be multiple opinions. I was talking to someone who clerked at the court, and he said last year that even if health care had been argued on the first day of the term, it still would have gone to the last day.\"\u003c/p>\n\u003cp>\u003cem>Original post\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>We know there's intense interest in the impending Proposition 8 and Defense of Marriage Act opinions by the U.S. Supreme Court, so we've been up tracking the court's release of its opinions each day that happens this month. Though, as inveterate court watchers have said throughout, the most likely scenario is SCOTUS drags these two out until the very end and releases them at the end of the month.\u003c/p>\n\u003cfigure id=\"attachment_99836\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/RS5062_Supreme-Court-Justices-2010-scr.jpg\">\u003cimg class=\"size-medium wp-image-99836\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/RS5062_Supreme-Court-Justices-2010-scr-300x181.jpg\" alt=\"The justices of the U.S. Supreme Court\" width=\"300\" height=\"181\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The justices of the U.S. Supreme Court\u003c/figcaption>\u003c/figure>\n\u003cp>7 a.m. PT is when the court starts disseminating the day's opinions. As usual, we point you to \u003ca href=\"http://www.scotusblog.com/\" target=\"_blank\">SCOTUSblog\u003c/a>, which is live blogging all the decisions released. Per SCOTUSblog, there are \u003ca href=\"http://www.scotusblog.com/statistics/\" target=\"_blank\">19 undecided cases\u003c/a> from this term.\u003c/p>\n\u003cp>Prop. 8, of course, is California's same-sex marriage ban that was struck down on narrow grounds by the 9th U.S. Circuit Court of Appeals. Should SCOTUS uphold that decision, same-sex marriages could begin again in California in mid- to-late July, according to San Francisco City Attorney Dennis Herrera's office. (San Francisco was an intervenor in the case on the plaintiff's side.) If the court uses the case to issue a more sweeping ruling that all same-sex marriage bans are illegal, that would effectively legalize same-sex marriage throughout the country. \u003c!--more-->\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/06/13/supreme-court-may-have-the-final-word-on-prop-8/\" target=\"_blank\">UC Davis law professor Vikram Amar told KQED's Scott Shafer last week\u003c/a> that a broad decision declaring a fundamental, nationwide right to same-sex marriage is highly unlikely.\u003c/p>\n\u003cp>“It's very rare for the court to invalidate the laws of two-thirds or three-quarters of the states,” Amar said. He noted that when bans on interracial marriage were struck down in 1967, only 16 states had such laws -- compared with 35 that now ban gay marriage.\u003c/p>\n\u003cp>Also from that report by Scott Shafer:\u003c/p>\n\u003cblockquote>\u003cp>At \u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\" target=\"_blank\">oral arguments\u003c/a> in March, there seemed to be little appetite – even among the most liberal justices -- for a momentous decision in support of gay marriage.\u003c/p>\n\u003cp>And there are two ways for the court to avoid that legal question altogether. They could simply dismiss the case, allowing the 9th U.S. Circuit Court decision to stand. (In fact, during \u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\" target=\"_blank\">oral arguments\u003c/a>, Justice Anthony Kennedy mused, “I just wonder if the case was properly granted.”)\u003c/p>\n\u003cp>Or, more likely, Amar said, the court will declare that Prop. 8 proponents lacked legal standing to appeal Judge Walker's decision.\u003c/p>\n\u003cp>“If the case is decided on standing grounds, the thing we should focus on right away is what, if anything, the court says about the follow-on process,” Amar said.\u003c/p>\u003c/blockquote>\n\u003cp>It should also be noted that even in a worst-case scenario for those who support same-sex marriage -- that the court overturns the 9th Circuit's decision and upholds Proposition 8 -- a substantial majority of Californians now support LGBT couples' right to marry, a political turnabout that is sure to lead to a proposition being put on the ballot to once again legalize same-sex marriage.\u003c/p>\n\u003cp>\u003cstrong>DOMA\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>DOMA is a 1996 federal law that defines marriage as between only a man and a woman. It prevents those who are in same-sex marriages from receiving a host of federal benefits, such as the ability to file a joint tax return. In the case before the court, a widow was forced to pay $363,000 in inheritance taxes after her female spouse died, a liability she would not have incurred if she'd been married to a man. A federal appeals court ruled that provision of DOMA was unconstitutional. Another provision, requiring states to recognize only opposite-sex marriages performed in other states, is not at issue here.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update: \u003c/strong>\u003ca href=\"http://www.scotusblog.com/\" target=\"_blank\">SCOTUSblog\u003c/a> tells us five opinions were released, none related to the same-sex marriage cases. Decisions on major cases on affirmative action and voting rights were also not issued. The court did strike down an Arizona law requiring proof of U.S. citizenship before registering to vote through a federal \"motor voter\" registration form.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003ca href=\"http://ww2.kqed.org/news/2013/06/18/prop-8-supreme-court/\" target=\"_blank\">\u003cstrong>Prop 8 at SCOTUS: What You Need to Know\u003c/strong>\u003c/a>\u003c/aside>\n\u003cp>The court now has 14 outstanding cases to decide. Next scheduled release date is Thursday.\u003c/p>\n\u003cp>So why is it taking so long? At least seven cases that already have been decided were argued after the Prop. 8 and DOMA cases, and the affirmative action case was heard way back in October. Here's an answer from one of the SCOTUSblog experts, lawyer Amy Howe:\u003c/p>\n\u003cp>\"I think it's just all about when they have the opinions ready. These are big, historic cases that we're talking about, and there are likely to be multiple opinions. I was talking to someone who clerked at the court, and he said last year that even if health care had been argued on the first day of the term, it still would have gone to the last day.\"\u003c/p>\n\u003cp>\u003cem>Original post\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>We know there's intense interest in the impending Proposition 8 and Defense of Marriage Act opinions by the U.S. Supreme Court, so we've been up tracking the court's release of its opinions each day that happens this month. Though, as inveterate court watchers have said throughout, the most likely scenario is SCOTUS drags these two out until the very end and releases them at the end of the month.\u003c/p>\n\u003cfigure id=\"attachment_99836\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/RS5062_Supreme-Court-Justices-2010-scr.jpg\">\u003cimg class=\"size-medium wp-image-99836\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/RS5062_Supreme-Court-Justices-2010-scr-300x181.jpg\" alt=\"The justices of the U.S. Supreme Court\" width=\"300\" height=\"181\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The justices of the U.S. Supreme Court\u003c/figcaption>\u003c/figure>\n\u003cp>7 a.m. PT is when the court starts disseminating the day's opinions. As usual, we point you to \u003ca href=\"http://www.scotusblog.com/\" target=\"_blank\">SCOTUSblog\u003c/a>, which is live blogging all the decisions released. Per SCOTUSblog, there are \u003ca href=\"http://www.scotusblog.com/statistics/\" target=\"_blank\">19 undecided cases\u003c/a> from this term.\u003c/p>\n\u003cp>Prop. 8, of course, is California's same-sex marriage ban that was struck down on narrow grounds by the 9th U.S. Circuit Court of Appeals. Should SCOTUS uphold that decision, same-sex marriages could begin again in California in mid- to-late July, according to San Francisco City Attorney Dennis Herrera's office. (San Francisco was an intervenor in the case on the plaintiff's side.) If the court uses the case to issue a more sweeping ruling that all same-sex marriage bans are illegal, that would effectively legalize same-sex marriage throughout the country. \u003c!--more-->\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/06/13/supreme-court-may-have-the-final-word-on-prop-8/\" target=\"_blank\">UC Davis law professor Vikram Amar told KQED's Scott Shafer last week\u003c/a> that a broad decision declaring a fundamental, nationwide right to same-sex marriage is highly unlikely.\u003c/p>\n\u003cp>“It's very rare for the court to invalidate the laws of two-thirds or three-quarters of the states,” Amar said. He noted that when bans on interracial marriage were struck down in 1967, only 16 states had such laws -- compared with 35 that now ban gay marriage.\u003c/p>\n\u003cp>Also from that report by Scott Shafer:\u003c/p>\n\u003cblockquote>\u003cp>At \u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\" target=\"_blank\">oral arguments\u003c/a> in March, there seemed to be little appetite – even among the most liberal justices -- for a momentous decision in support of gay marriage.\u003c/p>\n\u003cp>And there are two ways for the court to avoid that legal question altogether. They could simply dismiss the case, allowing the 9th U.S. Circuit Court decision to stand. (In fact, during \u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\" target=\"_blank\">oral arguments\u003c/a>, Justice Anthony Kennedy mused, “I just wonder if the case was properly granted.”)\u003c/p>\n\u003cp>Or, more likely, Amar said, the court will declare that Prop. 8 proponents lacked legal standing to appeal Judge Walker's decision.\u003c/p>\n\u003cp>“If the case is decided on standing grounds, the thing we should focus on right away is what, if anything, the court says about the follow-on process,” Amar said.\u003c/p>\u003c/blockquote>\n\u003cp>It should also be noted that even in a worst-case scenario for those who support same-sex marriage -- that the court overturns the 9th Circuit's decision and upholds Proposition 8 -- a substantial majority of Californians now support LGBT couples' right to marry, a political turnabout that is sure to lead to a proposition being put on the ballot to once again legalize same-sex marriage.\u003c/p>\n\u003cp>\u003cstrong>DOMA\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>DOMA is a 1996 federal law that defines marriage as between only a man and a woman. It prevents those who are in same-sex marriages from receiving a host of federal benefits, such as the ability to file a joint tax return. In the case before the court, a widow was forced to pay $363,000 in inheritance taxes after her female spouse died, a liability she would not have incurred if she'd been married to a man. A federal appeals court ruled that provision of DOMA was unconstitutional. Another provision, requiring states to recognize only opposite-sex marriages performed in other states, is not at issue here.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Analysis: Prop. 8 Case Unlikely to Result in Broad Right to Same-Sex Marriage",
"title": "Analysis: Prop. 8 Case Unlikely to Result in Broad Right to Same-Sex Marriage",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>Nearly five years after voters passed Proposition 8, the U.S. Supreme Court will soon decide the fate of California's ban on same-sex marriage. But will that be the final word?\u003c/p>\n\u003cfigure id=\"attachment_99836\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003cimg class=\"size-medium wp-image-99836 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/RS5062_Supreme-Court-Justices-2010-scr-300x181.jpg\" alt=\"Front row (L-R): Associate Justice Clarence Thomas, Associate Justice Antonin Scalia, Chief Justice John G. Roberts, Associate Justice Anthony M. Kennedy and Associate Justice Ruth Bader Ginsburg. Back Row (L-R): Associate Justice Sonia Sotomayor, Associate Justice Stephen Breyer, Associate Justice Samuel Alito Jr. and Associate Justice Elena Kagan. (Tim Sloan/AFP/Getty Images)\" width=\"300\" height=\"181\">\u003cfigcaption class=\"wp-caption-text\">Front row (L-R): Associate Justice Clarence Thomas, Associate Justice Antonin Scalia, Chief Justice John G. Roberts, Associate Justice Anthony M. Kennedy and Associate Justice Ruth Bader Ginsburg. Back Row (L-R): Associate Justice Sonia Sotomayor, Associate Justice Stephen Breyer, Associate Justice Samuel Alito Jr. and Associate Justice Elena Kagan. (Tim Sloan/AFP/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>When two same-sex couples filed a lawsuit challenging the constitutionality of Prop. 8, their attorney, Theodore Olson, described the issue in sweeping terms.\u003c/p>\n\u003cp>“The case we filed is not about liberal or conservative, Democrat or Republican,” Olson said. “This case is about the equal rights guaranteed to every American under the United States Constitution.”\u003c/p>\n\u003cp>In the summer of 2010, federal judge Vaughn Walker agreed, issuing a landmark decision \u003ca href=\"http://blogs.kqed.org/prop8/2010/08/04/prop-8-overturned-whats-next/\" target=\"_blank\">declaring Prop. 8 unconstitutional\u003c/a> -- saying there was no rational basis for denying same-sex couples a license to marry.\u003c/p>\n\u003cp>The \u003ca href=\"http://blogs.kqed.org/prop8/2012/02/07/appeals-court-upholds-vaughns-decision/\" target=\"_blank\">9th U.S. Circuit Court of Appeals upheld\u003c/a> Walker's ruling in February 2012 but narrowed it considerably, saying it applied only to California, not the entire country. In the next two weeks, the U.S. Supreme Court will weigh in.\u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>UC Davis law professor Vikram Amar calls a broad decision declaring a fundamental, nationwide right to same-sex marriage highly unlikely.\u003c/p>\n\u003cp>“It's very rare for the court to invalidate the laws of two-thirds or three-quarters of the states,” Amar said, noting that when bans on interracial marriage were struck down in 1967, only 16 states had such laws -- compared with 35 that now ban gay marriage.\u003c/p>\n\u003cp>Since Prop. 8 passed, 11 states and the District of Columbia have legalized same-sex marriage. And John Eastman, an attorney for the National Organization for Marriage -- supporters of Prop. 8 -- hopes that discourages the high court from intervening.\u003c/p>\n\u003caside class=\"pullquote alignleft\">“It's very rare for the court to invalidate the laws of two-thirds or three-quarters of the states,” Vik Amar\u003c/aside>\n\u003cp>“Americans across the country are grappling with an intense policy debate,” Eastman said. “And there's nothing specifically in the Constitution that decides that debate one way or the other. And the Supreme Court ought to recognize that and let it play out.”\u003c/p>\n\u003cp>At \u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\" target=\"_blank\">oral arguments\u003c/a> in March, there seemed to be little appetite – even among the most liberal justices -- for a momentous decision in support of gay marriage.\u003c/p>\n\u003cp>And there are two ways for the court to avoid that legal question altogether. They could simply dismiss the case, allowing the 9th U.S. Circuit Court decision to stand. (In fact, during \u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\" target=\"_blank\">oral arguments\u003c/a>, Justice Anthony Kennedy mused, “I just wonder if the case was properly granted.”)\u003c/p>\n\u003cp>Or, more likely, Amar said, the court will declare that Prop. 8 proponents lacked legal standing to appeal Judge Walker's decision.\u003c/p>\n\u003cp>“If the case is decided on standing grounds, the thing we should focus on right away is what, if anything, the court says about the follow-on process,” Amar said.\u003c/p>\n\u003cp>In other words, how broadly does Judge Walker's decision apply? Not broadly at all, said Prop. 8 attorney Andy Pugno.\u003c/p>\n\u003cp>“If we didn't have standing, then there was no one to defend Proposition 8,” Pugno argued. “And in a case like that you can't declare a statute unconsitutional. The best you can do is grant the relief that was asked for, and that's for the two couples.”\u003c/p>\n\u003cp>But opponents of Prop. 8 argue that Gov. Jerry Brown would likely instruct county clerks to issue marriage licenses to same-sex couples. In that case, same-sex weddings would begin again by the end of July.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Even if the measure is upheld by the Supreme Court, the question is sure to be back on the ballot next year. Polls show well over 50 percent of California voters are now supporting same-sex marriage.\u003c/p>\n\n",
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"description": "Nearly five years after voters passed Proposition 8, the U.S. Supreme Court will soon decide the fate of California's ban on same-sex marriage. But will that be the final word? When two same-sex couples filed a lawsuit challenging the constitutionality of Prop. 8, their attorney, Theodore Olson, described the issue in sweeping terms. “The case",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Nearly five years after voters passed Proposition 8, the U.S. Supreme Court will soon decide the fate of California's ban on same-sex marriage. But will that be the final word?\u003c/p>\n\u003cfigure id=\"attachment_99836\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003cimg class=\"size-medium wp-image-99836 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/RS5062_Supreme-Court-Justices-2010-scr-300x181.jpg\" alt=\"Front row (L-R): Associate Justice Clarence Thomas, Associate Justice Antonin Scalia, Chief Justice John G. Roberts, Associate Justice Anthony M. Kennedy and Associate Justice Ruth Bader Ginsburg. Back Row (L-R): Associate Justice Sonia Sotomayor, Associate Justice Stephen Breyer, Associate Justice Samuel Alito Jr. and Associate Justice Elena Kagan. (Tim Sloan/AFP/Getty Images)\" width=\"300\" height=\"181\">\u003cfigcaption class=\"wp-caption-text\">Front row (L-R): Associate Justice Clarence Thomas, Associate Justice Antonin Scalia, Chief Justice John G. Roberts, Associate Justice Anthony M. Kennedy and Associate Justice Ruth Bader Ginsburg. Back Row (L-R): Associate Justice Sonia Sotomayor, Associate Justice Stephen Breyer, Associate Justice Samuel Alito Jr. and Associate Justice Elena Kagan. (Tim Sloan/AFP/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>When two same-sex couples filed a lawsuit challenging the constitutionality of Prop. 8, their attorney, Theodore Olson, described the issue in sweeping terms.\u003c/p>\n\u003cp>“The case we filed is not about liberal or conservative, Democrat or Republican,” Olson said. “This case is about the equal rights guaranteed to every American under the United States Constitution.”\u003c/p>\n\u003cp>In the summer of 2010, federal judge Vaughn Walker agreed, issuing a landmark decision \u003ca href=\"http://blogs.kqed.org/prop8/2010/08/04/prop-8-overturned-whats-next/\" target=\"_blank\">declaring Prop. 8 unconstitutional\u003c/a> -- saying there was no rational basis for denying same-sex couples a license to marry.\u003c/p>\n\u003cp>The \u003ca href=\"http://blogs.kqed.org/prop8/2012/02/07/appeals-court-upholds-vaughns-decision/\" target=\"_blank\">9th U.S. Circuit Court of Appeals upheld\u003c/a> Walker's ruling in February 2012 but narrowed it considerably, saying it applied only to California, not the entire country. In the next two weeks, the U.S. Supreme Court will weigh in.\u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>UC Davis law professor Vikram Amar calls a broad decision declaring a fundamental, nationwide right to same-sex marriage highly unlikely.\u003c/p>\n\u003cp>“It's very rare for the court to invalidate the laws of two-thirds or three-quarters of the states,” Amar said, noting that when bans on interracial marriage were struck down in 1967, only 16 states had such laws -- compared with 35 that now ban gay marriage.\u003c/p>\n\u003cp>Since Prop. 8 passed, 11 states and the District of Columbia have legalized same-sex marriage. And John Eastman, an attorney for the National Organization for Marriage -- supporters of Prop. 8 -- hopes that discourages the high court from intervening.\u003c/p>\n\u003caside class=\"pullquote alignleft\">“It's very rare for the court to invalidate the laws of two-thirds or three-quarters of the states,” Vik Amar\u003c/aside>\n\u003cp>“Americans across the country are grappling with an intense policy debate,” Eastman said. “And there's nothing specifically in the Constitution that decides that debate one way or the other. And the Supreme Court ought to recognize that and let it play out.”\u003c/p>\n\u003cp>At \u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\" target=\"_blank\">oral arguments\u003c/a> in March, there seemed to be little appetite – even among the most liberal justices -- for a momentous decision in support of gay marriage.\u003c/p>\n\u003cp>And there are two ways for the court to avoid that legal question altogether. They could simply dismiss the case, allowing the 9th U.S. Circuit Court decision to stand. (In fact, during \u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\" target=\"_blank\">oral arguments\u003c/a>, Justice Anthony Kennedy mused, “I just wonder if the case was properly granted.”)\u003c/p>\n\u003cp>Or, more likely, Amar said, the court will declare that Prop. 8 proponents lacked legal standing to appeal Judge Walker's decision.\u003c/p>\n\u003cp>“If the case is decided on standing grounds, the thing we should focus on right away is what, if anything, the court says about the follow-on process,” Amar said.\u003c/p>\n\u003cp>In other words, how broadly does Judge Walker's decision apply? Not broadly at all, said Prop. 8 attorney Andy Pugno.\u003c/p>\n\u003cp>“If we didn't have standing, then there was no one to defend Proposition 8,” Pugno argued. “And in a case like that you can't declare a statute unconsitutional. The best you can do is grant the relief that was asked for, and that's for the two couples.”\u003c/p>\n\u003cp>But opponents of Prop. 8 argue that Gov. Jerry Brown would likely instruct county clerks to issue marriage licenses to same-sex couples. In that case, same-sex weddings would begin again by the end of July.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Even if the measure is upheld by the Supreme Court, the question is sure to be back on the ballot next year. Polls show well over 50 percent of California voters are now supporting same-sex marriage.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
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"mindshift": {
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"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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"order": 12
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"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
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"politicalbreakdown": {
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"title": "Political Breakdown",
"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
"airtime": "THU 6:30pm-7pm",
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"possible": {
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"title": "Possible",
"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
"airtime": "SUN 2pm",
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"pri-the-world": {
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"title": "PRI's The World: Latest Edition",
"info": "Each weekday, host Marco Werman and his team of producers bring you the world's most interesting stories in an hour of radio that reminds us just how small our planet really is.",
"airtime": "MON-FRI 2pm-3pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-World-Podcast-Tile-360x360-1.jpg",
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},
"radiolab": {
"id": "radiolab",
"title": "Radiolab",
"info": "A two-time Peabody Award-winner, Radiolab is an investigation told through sounds and stories, and centered around one big idea. In the Radiolab world, information sounds like music and science and culture collide. Hosted by Jad Abumrad and Robert Krulwich, the show is designed for listeners who demand skepticism, but appreciate wonder. WNYC Studios is the producer of other leading podcasts including Freakonomics Radio, Death, Sex & Money, On the Media and many more.",
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},
"reveal": {
"id": "reveal",
"title": "Reveal",
"info": "Created by The Center for Investigative Reporting and PRX, Reveal is public radios first one-hour weekly radio show and podcast dedicated to investigative reporting. Credible, fact based and without a partisan agenda, Reveal combines the power and artistry of driveway moment storytelling with data-rich reporting on critically important issues. The result is stories that inform and inspire, arming our listeners with information to right injustices, hold the powerful accountable and improve lives.Reveal is hosted by Al Letson and showcases the award-winning work of CIR and newsrooms large and small across the nation. In a radio and podcast market crowded with choices, Reveal focuses on important and often surprising stories that illuminate the world for our listeners.",
"airtime": "SAT 4pm-5pm",
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"officialWebsiteLink": "https://www.revealnews.org/episodes/",
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"link": "/radio/program/reveal",
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"rss": "http://feeds.revealradio.org/revealpodcast"
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},
"rightnowish": {
"id": "rightnowish",
"title": "Rightnowish",
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