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"content": "\u003cp>San Francisco District Attorney George Gascon filed misdemeanor charges against two contributors to Mayor Ed Lee's 2011 mayoral campaign late Tuesday afternoon.\u003c/p>\n\u003cp>Passenger shuttle company \u003ca href=\"http://www.gosfovan.com/\">Go Lorrie’s Travel and Tours\u003c/a> is charged with making $11,500 in illegal contributions to Lee’s campaign by passing the money through its drivers and staff. Jason Perez, 40, of San Mateo, the company’s general manager, and Hanan Qutami, 56, of South San Francisco, the company’s chief financial officer are also charged as individuals.\u003c/p>\n\u003cp>According to a press release from the District Attorney's office:\u003c/p>\n\u003cblockquote>\u003cp>Perez solicited GO Lorrie’s drivers, dispatchers, administrators and spouses to each write a $500 personal check to the Ed Lee for Mayor campaign, with the promise that they would be reimbursed. Perez and Qutami then had the 23 contributors, including Perez and his wife, reimbursed with GO Lorrie’s funds.\u003c/p>\u003c/blockquote>\n\u003cp>Companies can only donate $500 according to San Francisco campaign finance law.\u003cbr>\n\u003ca href=\"http://blog.sfgate.com/cityinsider/2012/02/14/go-lorries-executives-charged-with-laundering-donations-to-mayor-ed-lees-campaign/?gta=commentlistpos#commentlistpos\">The Chronicle\u003c/a> reports that Perez and Qutami surrendered at the San Francisco County Jail and could be arranged as early as Wednesday.\u003c/p>\n\u003cp>Lee's mayoral rivals \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/10/07/BAIK1LEKM9.DTL\">raised the issue\u003c/a> last year in October prompting Lee's campaign to return the contributions.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"I think that it has become a way of doing business, because they're not the only ones,\" \u003ca href=\"http://www.citireport.com/\">CitiReport\u003c/a> blogger Larry Bush told KQED's Mina Kim. \"There are other people who are being investigated by Gascon for exactly the same thing, giving money to employees and reimbursing them.\"\u003c/p>\n\u003cp>In November, Gascon was still \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/11/01/BAKJ1LOMB7.DTL&ao=all#ixzz1mPlWrCLv\">evaluating donations\u003c/a> from employees of Andrew Hawkins, formerly of CitiApartments. Hawkins e-mailed 16 associates about a fundraising event saying that:\u003c/p>\n\u003cblockquote>\u003cp>\"I expect each and every one of you to be at this event tonight,\" he wrote in all capital letters. \"Bring your check books and write a check for $500.00 for Ed Lee donation. You will be reimbursed right away for you coming.\"\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>The Chronicle reported that Lee's campaign also returned $4,500 in checks from Hawkin's employees.\u003c/p>\n\n",
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"content": "\u003cp>KQED’s Nina Thorsen talked today to reporter Kevin Fagan about the discrimination lawsuit brought by seven African American commanding officers against Richmond Police Chief Chris Magnus. The officers claim that Magnus passed them over for promotion because of racial bias.\u003c/p>\n\u003cp>Fagan has been \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/02/10/BAAO1N5QDK.DTL\">covering the trial\u003c/a> for the San Francisco Chronicle.\u003c/p>\n\u003cp>Edited transcript of the interview:\u003c/p>\n\u003cblockquote>\u003cp>\u003cstrong>Kevin Fagan\u003c/strong>\u003c/p>\n\u003cp>Chief Magnus was from Fargo North Dakota. He had the nickname there of “Mr. Diversity.” He’d been there for several years and been a cop for 20 years before that just across the border in Minnesota.\u003c/p>\n\u003cp>He was known as a guy who liked to be a conciliator of his staff, and a proponent of community policing.\u003c/p>\n\u003cp>When Richmond went looking for a police chief, they wanted to take another stab at community policing. They’d had a chief who’d come over from Oakland years before who’d tried it to mixed success. But the city had such engrained problems with violent crime and poverty that city leaders really thought community policing was the way to go.\u003c/p>\n\u003cp>Magnus is white and he’s gay, and he’s from Dakota. So when he shows up there apparently were some culture clashes. There was an engrained culture at the department. But he wants to put his own stamp on things, and there was some resistance. And, depending on which side is talking, there were racist eruptions in conversation and work conduct.\u003c/p>\n\u003cp>It’s a little tough to read into what documentation exists in this case. There are a bunch of emails and memos that when you look at them, you can take them a couple of different ways. It’s a tricky one, because there’s some outrageous allegations that make both sides look pretty bad. There’s an accusation that Magnus made some callous crack abut Juneteenth, for instance, when he said “isn’t that a day where people shoot each other?” He says the crack was made in the context of talking about holidays during which violence had occurred.\u003c/p>\n\u003cp>What you often see in a race-related trial is that you’re reading between the lines a lot, unless there is something overt like a racial epithet. That doesn’t seem to be the case here; no one called anyone the N word. There was an accusation early on that the word ‘jigaboo’ was used, but that has been denied. So we’re left with a lot of he said/she said.\u003c/p>\n\u003cp>The plaintiffs are asking for monetary relief and something in the way of promotions they think are due. There are seven black commanding officers who are suing, each of them has been there a long time, and they thought they were passed over for racist reasons.\u003c/p>\n\u003cp>When Chief Magnus first arrived in 2006, after a few months he promoted the only white female on the staff and a Latino man to deputy chief. In a heavily black city like Richmond, the plaintiffs say, you should have some black representation in your top command. The chief says he just wanted the most qualified people and that he was promoting diversity by having a woman and a Latino as his second in command.\u003c/p>\n\u003cp>The chief also says there are people in the department who were resistant to change. He described a staff retreat he held that sounded pretty bad, with everyone yelling at each other. A white officer got up and said whites are discriminated against, a black officer said blacks are discriminated against. The chief says that some of his command said ‘we’re not going to change, you can come in and try to change the game all you want, but we know how we do things here in Richmond and that’s that.’ The other side says this guy comes in from outside and wants to change what we do here, what does he know? Not a happy sounding situation.\u003c/p>\u003c/blockquote>\n\u003cp>More coverage here…\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://www.mercurynews.com/news/ci_19929881\">Richmond police chief continues testimony in racial-discrimination trial\u003c/a> (Contra Costa Times)\u003c/li>\n\u003cli>\u003ca href=\"http://www.eastbayexpress.com/92510/archives/2012/02/09/liberal-police-chief-accused-of-racism-takes-the-stand\">Liberal Police Chief Accused of Racism Takes the Stand \u003c/a> (East Bay Express)\u003c/li>\n\u003cli>\u003ca href=\"http://richmondconfidential.org/2012/01/27/sergeant-testifies-he-was-denied-promotion-in-descrimination-suit-against-chief-magnus/\">Sergeant testifies he was denied promotion in descrimination suit against Chief Magnus\u003c/a>(Richmond Confidential)\u003c/li>\n\u003c/ul>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"description": "KQED’s Nina Thorsen talked today to reporter Kevin Fagan about the discrimination lawsuit brought by seven African American commanding officers against Richmond Police Chief Chris Magnus. The officers claim that Magnus passed them over for promotion because of racial bias. Fagan has been covering the trial for the San Francisco Chronicle. Edited transcript of the",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>KQED’s Nina Thorsen talked today to reporter Kevin Fagan about the discrimination lawsuit brought by seven African American commanding officers against Richmond Police Chief Chris Magnus. The officers claim that Magnus passed them over for promotion because of racial bias.\u003c/p>\n\u003cp>Fagan has been \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/02/10/BAAO1N5QDK.DTL\">covering the trial\u003c/a> for the San Francisco Chronicle.\u003c/p>\n\u003cp>Edited transcript of the interview:\u003c/p>\n\u003cblockquote>\u003cp>\u003cstrong>Kevin Fagan\u003c/strong>\u003c/p>\n\u003cp>Chief Magnus was from Fargo North Dakota. He had the nickname there of “Mr. Diversity.” He’d been there for several years and been a cop for 20 years before that just across the border in Minnesota.\u003c/p>\n\u003cp>He was known as a guy who liked to be a conciliator of his staff, and a proponent of community policing.\u003c/p>\n\u003cp>When Richmond went looking for a police chief, they wanted to take another stab at community policing. They’d had a chief who’d come over from Oakland years before who’d tried it to mixed success. But the city had such engrained problems with violent crime and poverty that city leaders really thought community policing was the way to go.\u003c/p>\n\u003cp>Magnus is white and he’s gay, and he’s from Dakota. So when he shows up there apparently were some culture clashes. There was an engrained culture at the department. But he wants to put his own stamp on things, and there was some resistance. And, depending on which side is talking, there were racist eruptions in conversation and work conduct.\u003c/p>\n\u003cp>It’s a little tough to read into what documentation exists in this case. There are a bunch of emails and memos that when you look at them, you can take them a couple of different ways. It’s a tricky one, because there’s some outrageous allegations that make both sides look pretty bad. There’s an accusation that Magnus made some callous crack abut Juneteenth, for instance, when he said “isn’t that a day where people shoot each other?” He says the crack was made in the context of talking about holidays during which violence had occurred.\u003c/p>\n\u003cp>What you often see in a race-related trial is that you’re reading between the lines a lot, unless there is something overt like a racial epithet. That doesn’t seem to be the case here; no one called anyone the N word. There was an accusation early on that the word ‘jigaboo’ was used, but that has been denied. So we’re left with a lot of he said/she said.\u003c/p>\n\u003cp>The plaintiffs are asking for monetary relief and something in the way of promotions they think are due. There are seven black commanding officers who are suing, each of them has been there a long time, and they thought they were passed over for racist reasons.\u003c/p>\n\u003cp>When Chief Magnus first arrived in 2006, after a few months he promoted the only white female on the staff and a Latino man to deputy chief. In a heavily black city like Richmond, the plaintiffs say, you should have some black representation in your top command. The chief says he just wanted the most qualified people and that he was promoting diversity by having a woman and a Latino as his second in command.\u003c/p>\n\u003cp>The chief also says there are people in the department who were resistant to change. He described a staff retreat he held that sounded pretty bad, with everyone yelling at each other. A white officer got up and said whites are discriminated against, a black officer said blacks are discriminated against. The chief says that some of his command said ‘we’re not going to change, you can come in and try to change the game all you want, but we know how we do things here in Richmond and that’s that.’ The other side says this guy comes in from outside and wants to change what we do here, what does he know? Not a happy sounding situation.\u003c/p>\u003c/blockquote>\n\u003cp>More coverage here…\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://www.mercurynews.com/news/ci_19929881\">Richmond police chief continues testimony in racial-discrimination trial\u003c/a> (Contra Costa Times)\u003c/li>\n\u003cli>\u003ca href=\"http://www.eastbayexpress.com/92510/archives/2012/02/09/liberal-police-chief-accused-of-racism-takes-the-stand\">Liberal Police Chief Accused of Racism Takes the Stand \u003c/a> (East Bay Express)\u003c/li>\n\u003cli>\u003ca href=\"http://richmondconfidential.org/2012/01/27/sergeant-testifies-he-was-denied-promotion-in-descrimination-suit-against-chief-magnus/\">Sergeant testifies he was denied promotion in descrimination suit against Chief Magnus\u003c/a>(Richmond Confidential)\u003c/li>\n\u003c/ul>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>(Bay City News) A Vallejo police officer \u003ca href=\"http://www.mercurynews.com/breaking-news/ci_19362648\">gunned down in November\u003c/a> while chasing a suspected bank robber has been memorialized with a song and video recorded in his honor by a fellow police officer.\u003c/p>\n\u003cp>The song, \"Won't Be Forgotten,\" was written by Vallejo police Cpl. Steve Darden, according to William Tweedy, a retired fire department spokesman for the city.\u003c/p>\n\u003cp>The song includes spoken tributes to Jim Capoot, a 45-year-old former Marine who served 19 years on the Vallejo police force.\u003c/p>\n\u003cp>\"Jim Capoot, badge 497, won't be forgotten, we know you're in heaven,\" the song's chorus says. \"Vallejo PD gonna miss you man, please God, help us through the pain.\"\u003c/p>\n\u003cp>The song can be heard on YouTube, with all proceeds going toward the James Capoot Memorial Fund, established by the Vallejo Police Officers Association for Capoot's family, Tweedy said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Capoot, a Vacaville resident, was fatally shot by a suspected bank robber he was chasing on Nov. 17.\u003c/p>\n\u003cp>An Arkansas native, he left behind a wife and three daughters and was a much beloved coach of Vallejo High School's girls basketball team.\u003c/p>\n\u003cp>Police arrested Fairfield resident Henry Albert Smith Jr., 37, for the shooting. Smith is awaiting a preliminary hearing in the case in Solano County Superior Court.\u003c/p>\n\u003cp>\u003ca href=\"http://www.youtube.com/watch?v=UE-XEX8sj_8&feature=player_embedded\">Listen to the song\u003c/a>:\u003c/p>\n\u003cdiv style=\"text-align: center\">\u003ciframe width=\"480\" height=\"274\" src=\"http://www.youtube.com/embed/UE-XEX8sj_8\" frameborder=\"0\">\u003c/iframe>\u003c/div>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://www.timesheraldonline.com/circare/html/sca_template.jsp?sortBy=mngi&similarTo=&similarType=find&type=any&aff=3&query=capoot&searchbutton.x=0&searchbutton.y=0&view=entiresitesppublished\">More coverage on Jim Capoot from the Vallejo Times-Herald\u003c/a>.\u003c/li>\n\u003c/ul>\n\n",
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"description": "(Bay City News) A Vallejo police officer gunned down in November while chasing a suspected bank robber has been memorialized with a song and video recorded in his honor by a fellow police officer. The song, "Won't Be Forgotten," was written by Vallejo police Cpl. Steve Darden, according to William Tweedy, a retired fire department",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>(Bay City News) A Vallejo police officer \u003ca href=\"http://www.mercurynews.com/breaking-news/ci_19362648\">gunned down in November\u003c/a> while chasing a suspected bank robber has been memorialized with a song and video recorded in his honor by a fellow police officer.\u003c/p>\n\u003cp>The song, \"Won't Be Forgotten,\" was written by Vallejo police Cpl. Steve Darden, according to William Tweedy, a retired fire department spokesman for the city.\u003c/p>\n\u003cp>The song includes spoken tributes to Jim Capoot, a 45-year-old former Marine who served 19 years on the Vallejo police force.\u003c/p>\n\u003cp>\"Jim Capoot, badge 497, won't be forgotten, we know you're in heaven,\" the song's chorus says. \"Vallejo PD gonna miss you man, please God, help us through the pain.\"\u003c/p>\n\u003cp>The song can be heard on YouTube, with all proceeds going toward the James Capoot Memorial Fund, established by the Vallejo Police Officers Association for Capoot's family, Tweedy said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Capoot, a Vacaville resident, was fatally shot by a suspected bank robber he was chasing on Nov. 17.\u003c/p>\n\u003cp>An Arkansas native, he left behind a wife and three daughters and was a much beloved coach of Vallejo High School's girls basketball team.\u003c/p>\n\u003cp>Police arrested Fairfield resident Henry Albert Smith Jr., 37, for the shooting. Smith is awaiting a preliminary hearing in the case in Solano County Superior Court.\u003c/p>\n\u003cp>\u003ca href=\"http://www.youtube.com/watch?v=UE-XEX8sj_8&feature=player_embedded\">Listen to the song\u003c/a>:\u003c/p>\n\u003cdiv style=\"text-align: center\">\u003ciframe width=\"480\" height=\"274\" src=\"http://www.youtube.com/embed/UE-XEX8sj_8\" frameborder=\"0\">\u003c/iframe>\u003c/div>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://www.timesheraldonline.com/circare/html/sca_template.jsp?sortBy=mngi&similarTo=&similarType=find&type=any&aff=3&query=capoot&searchbutton.x=0&searchbutton.y=0&view=entiresitesppublished\">More coverage on Jim Capoot from the Vallejo Times-Herald\u003c/a>.\u003c/li>\n\u003c/ul>\n\n\u003c/div>\u003c/p>",
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"title": "FAQ For California Homeowners On Mortgage Relief Deal",
"headTitle": "FAQ For California Homeowners On Mortgage Relief Deal | KQED",
"content": "\u003cfigure id=\"attachment_55942\" class=\"wp-caption alignright\" style=\"max-width: 203px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/ForeclosureSMKevork-Djansez.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-55942\" title=\"ForeclosureSMKevork-Djansez\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/ForeclosureSMKevork-Djansez.jpg\" alt=\"\" width=\"203\" height=\"135\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Kevork Djansezian/Getty Images\u003c/figcaption>\u003c/figure>\n\u003cp>California has joined the national settlement that will provide mortgage relief to struggling homeowners.\u003c/p>\n\u003cp>Report from \u003ca href=\"http://www.npr.org/blogs/thetwo-way/2012/02/09/146626771/settlement-reached-with-banks-on-relief-for-some-homeowners\">NPR’s Two-Way blog\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>According to (NPR reporter) Yuki Noguchi, California was the last state to sign on to the deal. Now, she tells our Newscast Desk, “in exchange for a kind of immunity from many types of mortgage-related lawsuits, the banks will have to pay about $5 billion in cash” and write down, refinance or reduce the principal on more than $20 billion worth of home loans. “Some estimates say as many as 1 million homeowners who owe more than their home is worth, could be eligible for some sort of payment reduction.”\u003c/p>\n\u003cp>As Yuki has also previously explained, the bulk of the money:\u003c/p>\n\u003cp>“Would go toward writing down principal payments for homeowners who were not foreclosed upon, but who are struggling now. … The way it would work is that the banks would have targets they have to meet, in terms of what kinds of loans they would have to modify. But the banks would still have a lot of discretion in who gets what.\u003c/p>\n\u003cp>“And there’s another $5 billion in cash, part of which would go to the states to help fund homeowner assistance programs. Some of the rest would go to homeowners who may have been wrongfully foreclosed upon. For them, it’s up to $2,000 each, which is not much if you lost your home.”\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Update 3:50 p.m.\u003c/strong> Attorney General Kamala Harris today \u003ca href=\"http://www.latimes.com/business/money/la-fi-mo-harris-settlement-20120209,0,4448535.story\">called the settlement\u003c/a> a “tremendous victory.” (Occupy L.A. was \u003ca href=\"http://latimesblogs.latimes.com/lanow/2012/02/occupy-la-protesters-arrested-kamala-harris.html\">not similarly impressed\u003c/a>.)\u003c/p>\n\u003cp>Speaking to KQED’s Cy Musiker, George Goehl of the National People’s Action, a collection of community housing groups, also criticized the agreement saying $25 billion for homeowners would be a “paltry down payment,” considering that roughly 11 million homes are underwater by a combined $750 billion.\u003c/p>\n\u003cp>\u003ca href=\"https://oag.ca.gov/nationalmortgagesettlement/faqs\">\u003cstrong>FAQ on the settlement\u003c/strong>\u003c/a> from the Attorney General’s site. Some important points:\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>What banks must own your mortgage for you to qualify for help?\u003c/strong>\u003c/p>\n\u003cblockquote>\u003cp>Bank of America, JPMorgan Chase, Citibank, Wells Fargo, and Ally Financial. From the FAQ: “Several of these banks are also known by other trade names, including Countrywide (a trade name for Bank of America); Washington Mutual and EMC Mortgage (Chase); CitiMortgage (Citibank); Wachovia (Wells Fargo); and GMAC (Ally Financial).\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>What conditions must you meet to qualify for help?\u003c/strong>\u003c/p>\n\u003cblockquote>\u003cp>To qualify for a refinance under the settlement, your loan must be serviced and owned by one of the settling banks. You must also be current on your mortgage and have no delinquencies within the past 12 months. You must also be underwater and your interest rate must be at least 5.25 percent. Unfortunately, the following types of loans are excluded from the refinance program: FHA Loans, VA Loans, and loans on manufactured homes. In addition, if you have been in bankruptcy in the last 24 months or have been in foreclosure in the last 24 months, you are ineligible.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>What types of help are available if you qualify?\u003c/strong>\u003c/p>\n\u003cblockquote>\u003cp>The settlement provides two main types of loan modifications for qualifying homeowners: principal write-downs and refinancing in order to make your monthly mortgage payment more affordable. In the case of a principal write-down, the bank reduces the unpaid principal balance of your loan so that your monthly payments are reduced to an affordable level. In the case of a refinance, the length of the loan may change and/or the interest rate will be reduced so that your monthly payments are reduced to an affordable level. If a principal write-down or refinancing arrangement will not be enough to make your mortgage affordable, there are other options available under the settlement, including help with short sales and relocation assistance. You should contact your servicer with questions about which relief you are eligible for and what options best fit your goals.”\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>What if you already lost your home?\u003c/strong>\u003c/p>\n\u003cblockquote>\u003cp>If your loan was owned or serviced by any of the settling banks, and your home was foreclosed upon between January 1, 2008 and December 31, 2011, you may be eligible to receive a cash payment as part of the settlement.\u003c/p>\u003c/blockquote>\n\u003cp>\u003ca href=\"https://oag.ca.gov/nationalmortgagesettlement/faqs\">More questions answered here\u003c/a>…\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Also, here is a timeline of when aid will become available from the \u003ca href=\"http://www.nationalmortgagesettlement.com/\">National Mortgage Settlement site\u003c/a>:\u003c/p>\n\u003cblockquote>\n\u003cul>\n\u003cli>Over the next 30 to 60 days, settlement negotiators will be selecting an administrator to handle the logistics of the settlement and monitor compliance.\u003c/li>\n\u003cli>Over the next six to nine months, the settlement administrator, attorneys general and the mortgage servicers will work to identify homeowners eligible for the immediate cash payments, principal reductions and refinancing. Those eligible will receive letters.\u003c/li>\n\u003cli>This settlement will be executed over the next three years.\u003c/li>\n\u003c/ul>\n\u003c/blockquote>\n\n",
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"description": "California has joined the national settlement that will provide mortgage relief to struggling homeowners. Report from NPR's Two-Way blog: According to (NPR reporter) Yuki Noguchi, California was the last state to sign on to the deal. Now, she tells our Newscast Desk, "in exchange for a kind of immunity from many types of mortgage-related lawsuits,",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_55942\" class=\"wp-caption alignright\" style=\"max-width: 203px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/ForeclosureSMKevork-Djansez.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-55942\" title=\"ForeclosureSMKevork-Djansez\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/ForeclosureSMKevork-Djansez.jpg\" alt=\"\" width=\"203\" height=\"135\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Kevork Djansezian/Getty Images\u003c/figcaption>\u003c/figure>\n\u003cp>California has joined the national settlement that will provide mortgage relief to struggling homeowners.\u003c/p>\n\u003cp>Report from \u003ca href=\"http://www.npr.org/blogs/thetwo-way/2012/02/09/146626771/settlement-reached-with-banks-on-relief-for-some-homeowners\">NPR’s Two-Way blog\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>According to (NPR reporter) Yuki Noguchi, California was the last state to sign on to the deal. Now, she tells our Newscast Desk, “in exchange for a kind of immunity from many types of mortgage-related lawsuits, the banks will have to pay about $5 billion in cash” and write down, refinance or reduce the principal on more than $20 billion worth of home loans. “Some estimates say as many as 1 million homeowners who owe more than their home is worth, could be eligible for some sort of payment reduction.”\u003c/p>\n\u003cp>As Yuki has also previously explained, the bulk of the money:\u003c/p>\n\u003cp>“Would go toward writing down principal payments for homeowners who were not foreclosed upon, but who are struggling now. … The way it would work is that the banks would have targets they have to meet, in terms of what kinds of loans they would have to modify. But the banks would still have a lot of discretion in who gets what.\u003c/p>\n\u003cp>“And there’s another $5 billion in cash, part of which would go to the states to help fund homeowner assistance programs. Some of the rest would go to homeowners who may have been wrongfully foreclosed upon. For them, it’s up to $2,000 each, which is not much if you lost your home.”\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Update 3:50 p.m.\u003c/strong> Attorney General Kamala Harris today \u003ca href=\"http://www.latimes.com/business/money/la-fi-mo-harris-settlement-20120209,0,4448535.story\">called the settlement\u003c/a> a “tremendous victory.” (Occupy L.A. was \u003ca href=\"http://latimesblogs.latimes.com/lanow/2012/02/occupy-la-protesters-arrested-kamala-harris.html\">not similarly impressed\u003c/a>.)\u003c/p>\n\u003cp>Speaking to KQED’s Cy Musiker, George Goehl of the National People’s Action, a collection of community housing groups, also criticized the agreement saying $25 billion for homeowners would be a “paltry down payment,” considering that roughly 11 million homes are underwater by a combined $750 billion.\u003c/p>\n\u003cp>\u003ca href=\"https://oag.ca.gov/nationalmortgagesettlement/faqs\">\u003cstrong>FAQ on the settlement\u003c/strong>\u003c/a> from the Attorney General’s site. Some important points:\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>What banks must own your mortgage for you to qualify for help?\u003c/strong>\u003c/p>\n\u003cblockquote>\u003cp>Bank of America, JPMorgan Chase, Citibank, Wells Fargo, and Ally Financial. From the FAQ: “Several of these banks are also known by other trade names, including Countrywide (a trade name for Bank of America); Washington Mutual and EMC Mortgage (Chase); CitiMortgage (Citibank); Wachovia (Wells Fargo); and GMAC (Ally Financial).\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>What conditions must you meet to qualify for help?\u003c/strong>\u003c/p>\n\u003cblockquote>\u003cp>To qualify for a refinance under the settlement, your loan must be serviced and owned by one of the settling banks. You must also be current on your mortgage and have no delinquencies within the past 12 months. You must also be underwater and your interest rate must be at least 5.25 percent. Unfortunately, the following types of loans are excluded from the refinance program: FHA Loans, VA Loans, and loans on manufactured homes. In addition, if you have been in bankruptcy in the last 24 months or have been in foreclosure in the last 24 months, you are ineligible.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>What types of help are available if you qualify?\u003c/strong>\u003c/p>\n\u003cblockquote>\u003cp>The settlement provides two main types of loan modifications for qualifying homeowners: principal write-downs and refinancing in order to make your monthly mortgage payment more affordable. In the case of a principal write-down, the bank reduces the unpaid principal balance of your loan so that your monthly payments are reduced to an affordable level. In the case of a refinance, the length of the loan may change and/or the interest rate will be reduced so that your monthly payments are reduced to an affordable level. If a principal write-down or refinancing arrangement will not be enough to make your mortgage affordable, there are other options available under the settlement, including help with short sales and relocation assistance. You should contact your servicer with questions about which relief you are eligible for and what options best fit your goals.”\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>What if you already lost your home?\u003c/strong>\u003c/p>\n\u003cblockquote>\u003cp>If your loan was owned or serviced by any of the settling banks, and your home was foreclosed upon between January 1, 2008 and December 31, 2011, you may be eligible to receive a cash payment as part of the settlement.\u003c/p>\u003c/blockquote>\n\u003cp>\u003ca href=\"https://oag.ca.gov/nationalmortgagesettlement/faqs\">More questions answered here\u003c/a>…\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Also, here is a timeline of when aid will become available from the \u003ca href=\"http://www.nationalmortgagesettlement.com/\">National Mortgage Settlement site\u003c/a>:\u003c/p>\n\u003cblockquote>\n\u003cul>\n\u003cli>Over the next 30 to 60 days, settlement negotiators will be selecting an administrator to handle the logistics of the settlement and monitor compliance.\u003c/li>\n\u003cli>Over the next six to nine months, the settlement administrator, attorneys general and the mortgage servicers will work to identify homeowners eligible for the immediate cash payments, principal reductions and refinancing. Those eligible will receive letters.\u003c/li>\n\u003cli>This settlement will be executed over the next three years.\u003c/li>\n\u003c/ul>\n\u003c/blockquote>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Mirkarimi Wins Visitation Rights With His Son",
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"content": "\u003cp>(Bay City News) San Francisco Sheriff Ross Mirkarimi was granted visitation rights with his son at a court hearing this morning. \u003c/p>\n\u003cfigure id=\"attachment_55838\" class=\"wp-caption alignleft\" style=\"max-width: 248px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Mirkarimi.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Mirkarimi.jpg\" alt=\"\" title=\"Mirkarimi\" width=\"248\" height=\"140\" class=\"size-full wp-image-55838\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ross Mirkarimi (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Mirkarimi is facing allegations of domestic violence against his wife, Eliana Lopez, and has been under a court order to stay away from Lopez and the couple's 2-year-old son Theo since being arrested and charged on Jan. 13.\u003c/p>\n\u003cp>But San Francisco Superior Court Judge Ronald Albers today approved an agreement between Mirkarimi and Lopez in which Mirkarimi can see his son for two hours each weekday and up to six hours on a weekend day.\u003c/p>\n\u003cp>The agreement, which is effective immediately, stipulates that Theo will be taken to and from Mirkarimi by either Patricia or Jeremy Forsyth, a mother and son who are friends of the family.\u003c/p>\n\u003cp>Near tears while speaking to reporters outside the courthouse after the hearing, Mirkarimi said, \"I get to see my son.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"I can't tell you how excited and grateful I am,\" he said.\u003c/p>\n\u003cp>Mirkarimi said that since being separated from his son, he has been buying books and toys to give to him upon their reunion, including a small fire truck he pulled out of his pocket to show reporters. \u003c!--more-->\u003c/p>\n\u003cp>\"It's been so unhealthy for us to be apart,\" he said. \"My son and I are very close.\"\u003c/p>\n\u003cp>Although the order involving Mirkarimi's son was modified, the order to stay away from Lopez remains in effect.\u003c/p>\n\u003cp>That order stems from an alleged domestic violence incident on Dec. 31 in which Mirkarimi is accused of grabbing Lopez and bruising her arm.\u003c/p>\n\u003cp>It will stay in effect until the end of his trial on charges of misdemeanor domestic violence battery, child endangerment and dissuading a witness. The trial is set to begin Feb. 24.\u003c/p>\n\u003cp>Before the agreement was approved by Albers, the family court had mediators meet with both Mirkarimi and Lopez to discuss what was in the best interest of their son. The couple had to be in separate rooms because of the stay-away order, Lopez's attorney Paula Canny said.\u003c/p>\n\u003cp>They returned with an agreement that Albers said \"makes absolute sense to me.\"\u003c/p>\n\u003cp>However, part of the agreement apparently didn't make sense to the couple's attorneys. Mirkarimi's attorneys told reporters they took the weekend hours outlined in the agreement to mean six hours per weekend, while Lopez's attorneys said that meant up to six hours each weekend day.\u003c/p>\n\u003cp>Regardless, the agreement means that Mirkarimi will have a chance to see his son this afternoon, the attorneys said.\u003c/p>\n\u003cp>Lopez briefly spoke to reporters outside of court, saying she is \"extremely happy\" that Theo is going to see his dad and that \"it's going to be a surprise for him.\"\u003c/p>\n\u003cp>Canny, Lopez's attorney, took issue with the presence of Assistant District Attorney Elizabeth Aguilar-Tarchi, who is prosecuting the case, at today's family court hearing.\u003c/p>\n\u003cp>Aguilar-Tarchi tried to speak in front of Albers at the end of the hearing but the judge walked out of the courtroom without addressing her.\u003c/p>\n\u003cp>\"Never before in my career have I seen a deputy district attorney attempt to intervene\" in a family court case, Canny said.\u003c/p>\n\u003cp>She said the prosecutor was \"not thinking about what's in the best interest of Theo, but what's in the best interest of her case, and that's just wrong.\"\u003c/p>\n\u003cp>A district attorney's office spokesperson was not immediately available to say what Aguilar-Tarchi planned to discuss to the judge.\u003c/p>\n\u003cp>Canny said she is also considering whether to try to modify the order preventing contact between Mirkarimi and Lopez, saying the sheriff \"isn't guilty of the things he's charged of.\"\u003c/p>\n\u003cp>Barring any further hearings on the stay-away order, Mirkarimi is next scheduled to return to criminal court at the Hall of Justice on Feb. 22 for a pre-trial conference.\u003c/p>\n\u003cp>If convicted of all charges, he could face up to a year in jail and three years' probation.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Mirkarimi was sworn in as sheriff on Jan. 8 after serving for seven years on the San Francisco Board of Supervisors.\u003c/p>\n\n",
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"description": "(Bay City News) San Francisco Sheriff Ross Mirkarimi was granted visitation rights with his son at a court hearing this morning. Mirkarimi is facing allegations of domestic violence against his wife, Eliana Lopez, and has been under a court order to stay away from Lopez and the couple's 2-year-old son Theo since being arrested and",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>(Bay City News) San Francisco Sheriff Ross Mirkarimi was granted visitation rights with his son at a court hearing this morning. \u003c/p>\n\u003cfigure id=\"attachment_55838\" class=\"wp-caption alignleft\" style=\"max-width: 248px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Mirkarimi.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Mirkarimi.jpg\" alt=\"\" title=\"Mirkarimi\" width=\"248\" height=\"140\" class=\"size-full wp-image-55838\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ross Mirkarimi (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Mirkarimi is facing allegations of domestic violence against his wife, Eliana Lopez, and has been under a court order to stay away from Lopez and the couple's 2-year-old son Theo since being arrested and charged on Jan. 13.\u003c/p>\n\u003cp>But San Francisco Superior Court Judge Ronald Albers today approved an agreement between Mirkarimi and Lopez in which Mirkarimi can see his son for two hours each weekday and up to six hours on a weekend day.\u003c/p>\n\u003cp>The agreement, which is effective immediately, stipulates that Theo will be taken to and from Mirkarimi by either Patricia or Jeremy Forsyth, a mother and son who are friends of the family.\u003c/p>\n\u003cp>Near tears while speaking to reporters outside the courthouse after the hearing, Mirkarimi said, \"I get to see my son.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"I can't tell you how excited and grateful I am,\" he said.\u003c/p>\n\u003cp>Mirkarimi said that since being separated from his son, he has been buying books and toys to give to him upon their reunion, including a small fire truck he pulled out of his pocket to show reporters. \u003c!--more-->\u003c/p>\n\u003cp>\"It's been so unhealthy for us to be apart,\" he said. \"My son and I are very close.\"\u003c/p>\n\u003cp>Although the order involving Mirkarimi's son was modified, the order to stay away from Lopez remains in effect.\u003c/p>\n\u003cp>That order stems from an alleged domestic violence incident on Dec. 31 in which Mirkarimi is accused of grabbing Lopez and bruising her arm.\u003c/p>\n\u003cp>It will stay in effect until the end of his trial on charges of misdemeanor domestic violence battery, child endangerment and dissuading a witness. The trial is set to begin Feb. 24.\u003c/p>\n\u003cp>Before the agreement was approved by Albers, the family court had mediators meet with both Mirkarimi and Lopez to discuss what was in the best interest of their son. The couple had to be in separate rooms because of the stay-away order, Lopez's attorney Paula Canny said.\u003c/p>\n\u003cp>They returned with an agreement that Albers said \"makes absolute sense to me.\"\u003c/p>\n\u003cp>However, part of the agreement apparently didn't make sense to the couple's attorneys. Mirkarimi's attorneys told reporters they took the weekend hours outlined in the agreement to mean six hours per weekend, while Lopez's attorneys said that meant up to six hours each weekend day.\u003c/p>\n\u003cp>Regardless, the agreement means that Mirkarimi will have a chance to see his son this afternoon, the attorneys said.\u003c/p>\n\u003cp>Lopez briefly spoke to reporters outside of court, saying she is \"extremely happy\" that Theo is going to see his dad and that \"it's going to be a surprise for him.\"\u003c/p>\n\u003cp>Canny, Lopez's attorney, took issue with the presence of Assistant District Attorney Elizabeth Aguilar-Tarchi, who is prosecuting the case, at today's family court hearing.\u003c/p>\n\u003cp>Aguilar-Tarchi tried to speak in front of Albers at the end of the hearing but the judge walked out of the courtroom without addressing her.\u003c/p>\n\u003cp>\"Never before in my career have I seen a deputy district attorney attempt to intervene\" in a family court case, Canny said.\u003c/p>\n\u003cp>She said the prosecutor was \"not thinking about what's in the best interest of Theo, but what's in the best interest of her case, and that's just wrong.\"\u003c/p>\n\u003cp>A district attorney's office spokesperson was not immediately available to say what Aguilar-Tarchi planned to discuss to the judge.\u003c/p>\n\u003cp>Canny said she is also considering whether to try to modify the order preventing contact between Mirkarimi and Lopez, saying the sheriff \"isn't guilty of the things he's charged of.\"\u003c/p>\n\u003cp>Barring any further hearings on the stay-away order, Mirkarimi is next scheduled to return to criminal court at the Hall of Justice on Feb. 22 for a pre-trial conference.\u003c/p>\n\u003cp>If convicted of all charges, he could face up to a year in jail and three years' probation.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Mirkarimi was sworn in as sheriff on Jan. 8 after serving for seven years on the San Francisco Board of Supervisors.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "BART Bike Thefts on the Rise; Walnut Creek Stations Top Targets",
"title": "BART Bike Thefts on the Rise; Walnut Creek Stations Top Targets",
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"content": "\u003cp>\u003cstrong>by Agustin Armendariz and Mihir Zaveri, \u003ca href=\"http://californiawatch.org/dailyreport/bike-theft-rise-bart-stations-14522\">California Watch\u003c/a>\u003c/strong>\u003c/p>\n\u003cp>Jay Fraser knows what it's like to lock a bicycle at a Bay Area Rapid Transit station and return to an empty rack.\u003c/p>\n\u003cp>Fraser is a research analyst for the Administrative Office of the Courts in San Francisco and has commuted by bike for 20 years, 10 of them in the Bay Area. He had a bike stolen at the Pleasant Hill/Contra Costa Centre BART station and a seat stolen at the Walnut Creek station.\u003c/p>\n\u003cfigure id=\"attachment_55797\" class=\"wp-caption alignleft\" style=\"max-width: 240px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/bart_subway.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/bart_subway.jpg\" alt=\"\" title=\"DSCN9858\" width=\"240\" height=\"180\" class=\"size-full wp-image-55797\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Stephen Rees/Flickr\u003c/figcaption>\u003c/figure>\n\u003cp>Like Fraser, hundreds of other commuters have parked a bike at a BART stop and returned to find it gone or stripped of parts.\u003c/p>\n\u003cp>The Walnut Creek and neighboring Pleasant Hill BART stations are the top targets for bike thefts, a California Watch \u003ca href=\"http://californiawatch.org/data/bike-thefts-bart-stations\">analysis\u003c/a> of BART crime data shows. From 2006 through October 2011, the two stations accounted for more than 430 thefts of bicycles or bicycle parts, nearly 17 percent of the thefts in the entire system. Stations in higher-crime areas in Oakland and Richmond had lower theft numbers.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>At the West Oakland and Richmond stations, reported thefts were dramatically lower, with 64 reports at the West Oakland station and 51 at the Richmond stop. While the Ashby and MacArthur stations in Berkeley and Oakland, respectively, were among those hardest hit by thefts, there were 141 more reported thefts at the two Walnut Creek stations. \u003c!--more-->\u003c/p>\n\u003cp>\"It surprises me that Walnut Creek is that high. It's generally a low-crime area and kind of a low-crime demographic,\" Fraser said.\u003c/p>\n\u003cp>Systemwide, the data show a 20 percent increase in the total number of reports during the nearly six-year period, with eight stations – Walnut Creek, Pleasant Hill/Contra Costa Centre, Dublin/Pleasanton, Ashby, Fremont, North Berkeley, MacArthur and Concord – accounting for half of the thefts.\u003c/p>\n\u003cp>In a recent meeting of the BART Bicycle Advisory Task Force, BART Deputy Police Chief Ben Fairow identified bike theft as a problem and said bike theft stings, as well as the placement of bike racks in more visible locations, are part of future plans to help decrease theft at stations, according to meeting minutes.\u003c/p>\n\u003cp>BART Police Community Service Officer Lauren LaPlante says BART police often find commuters aren't properly locking their bikes, making it easier for thieves to make off with the bike or any unsecured parts. In order to combat the problem, \"we are currently focusing on a public awareness campaign that may include signs, multimedia demonstrations and traditional 'door to door' or 'bike to bike' style interactions with commuters,\" LaPlante wrote in an e-mail. \"Our main message is about locking bikes securely and self-registration.\"\u003c/p>\n\u003cp>LaPlante explained that self-registration means owners should keep a record of the make, model, year, style, color, value and serial number of their bikes and give this information to police to ensure that bikes can be identified if recovered.\u003c/p>\n\u003cp>At the Downtown Berkeley BART bike station, head mechanic Adam Hunt recommended, at a minimum, using a U-lock and cable combination. \"A couple of blows with a hammer will pretty much take care of a padlock,\" he said. Hunt also says lights, wheels, seats, mileage meters and any other loose parts on a bike are easy pickings for thieves if they are not properly secured. Hunt suspects that thieves strip unsecured parts from bikes more often than they make off with the bike, he said.\u003c/p>\n\u003cp>Since losing a bike and a seat, Fraser uses a U-lock and cable combination to secure his bike when he leaves it at the station, and he commutes on a bike he values at $300 instead of his $1,000 road bike.\u003c/p>\n\u003cp>\"Honestly, I'm just kind of zen about it,\" Fraser said. \"You don't lock your best bike up, which is annoying to people with only one bike and who want a nice bike to commute on.\"\u003c/p>\n\u003cp>At certain stations, bike commuters can take advantage of bike lockers and bike stations. The Downtown Berkeley bike station offers free valet bike parking during the day and also houses a 24-hour self-storage facility that charges 3 cents per hour from 9 a.m. to 6 p.m. weekdays and 1 cent per hour at all other times, \u003ca href=\"http://bartbikestation.com/services.php\" target=\"_blank\">according to the website\u003c/a>. Since opening about two years ago, Hunt estimates that 25,000 bikes have cycled through the facility.\u003c/p>\n\u003cp>\"On the enforcement side,\" LaPlante wrote, \"our patrol units are well aware that BART stations are a potential location for bike theft and they remain vigilant as often as they can. Patrol units are regularly updated on the crimes that are occurring around the system so they can know where to focus their attention.\"\u003c/p>\n\u003cp>While acknowledging that underreporting might skew figures, LaPlante emphasized that \"our statistics are the primary indication of problem locations around our system\" and that \"reporting stolen bikes is very important to our response and we encourage it.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Dashboard_1.png\">\u003cimg class=\"aligncenter size-full wp-image-55787\" title=\"Dashboard_1\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Dashboard_1.png\" alt=\"\" width=\"634\" height=\"670\">\u003c/a>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>by Agustin Armendariz and Mihir Zaveri, \u003ca href=\"http://californiawatch.org/dailyreport/bike-theft-rise-bart-stations-14522\">California Watch\u003c/a>\u003c/strong>\u003c/p>\n\u003cp>Jay Fraser knows what it's like to lock a bicycle at a Bay Area Rapid Transit station and return to an empty rack.\u003c/p>\n\u003cp>Fraser is a research analyst for the Administrative Office of the Courts in San Francisco and has commuted by bike for 20 years, 10 of them in the Bay Area. He had a bike stolen at the Pleasant Hill/Contra Costa Centre BART station and a seat stolen at the Walnut Creek station.\u003c/p>\n\u003cfigure id=\"attachment_55797\" class=\"wp-caption alignleft\" style=\"max-width: 240px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/bart_subway.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/bart_subway.jpg\" alt=\"\" title=\"DSCN9858\" width=\"240\" height=\"180\" class=\"size-full wp-image-55797\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Stephen Rees/Flickr\u003c/figcaption>\u003c/figure>\n\u003cp>Like Fraser, hundreds of other commuters have parked a bike at a BART stop and returned to find it gone or stripped of parts.\u003c/p>\n\u003cp>The Walnut Creek and neighboring Pleasant Hill BART stations are the top targets for bike thefts, a California Watch \u003ca href=\"http://californiawatch.org/data/bike-thefts-bart-stations\">analysis\u003c/a> of BART crime data shows. From 2006 through October 2011, the two stations accounted for more than 430 thefts of bicycles or bicycle parts, nearly 17 percent of the thefts in the entire system. Stations in higher-crime areas in Oakland and Richmond had lower theft numbers.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>At the West Oakland and Richmond stations, reported thefts were dramatically lower, with 64 reports at the West Oakland station and 51 at the Richmond stop. While the Ashby and MacArthur stations in Berkeley and Oakland, respectively, were among those hardest hit by thefts, there were 141 more reported thefts at the two Walnut Creek stations. \u003c!--more-->\u003c/p>\n\u003cp>\"It surprises me that Walnut Creek is that high. It's generally a low-crime area and kind of a low-crime demographic,\" Fraser said.\u003c/p>\n\u003cp>Systemwide, the data show a 20 percent increase in the total number of reports during the nearly six-year period, with eight stations – Walnut Creek, Pleasant Hill/Contra Costa Centre, Dublin/Pleasanton, Ashby, Fremont, North Berkeley, MacArthur and Concord – accounting for half of the thefts.\u003c/p>\n\u003cp>In a recent meeting of the BART Bicycle Advisory Task Force, BART Deputy Police Chief Ben Fairow identified bike theft as a problem and said bike theft stings, as well as the placement of bike racks in more visible locations, are part of future plans to help decrease theft at stations, according to meeting minutes.\u003c/p>\n\u003cp>BART Police Community Service Officer Lauren LaPlante says BART police often find commuters aren't properly locking their bikes, making it easier for thieves to make off with the bike or any unsecured parts. In order to combat the problem, \"we are currently focusing on a public awareness campaign that may include signs, multimedia demonstrations and traditional 'door to door' or 'bike to bike' style interactions with commuters,\" LaPlante wrote in an e-mail. \"Our main message is about locking bikes securely and self-registration.\"\u003c/p>\n\u003cp>LaPlante explained that self-registration means owners should keep a record of the make, model, year, style, color, value and serial number of their bikes and give this information to police to ensure that bikes can be identified if recovered.\u003c/p>\n\u003cp>At the Downtown Berkeley BART bike station, head mechanic Adam Hunt recommended, at a minimum, using a U-lock and cable combination. \"A couple of blows with a hammer will pretty much take care of a padlock,\" he said. Hunt also says lights, wheels, seats, mileage meters and any other loose parts on a bike are easy pickings for thieves if they are not properly secured. Hunt suspects that thieves strip unsecured parts from bikes more often than they make off with the bike, he said.\u003c/p>\n\u003cp>Since losing a bike and a seat, Fraser uses a U-lock and cable combination to secure his bike when he leaves it at the station, and he commutes on a bike he values at $300 instead of his $1,000 road bike.\u003c/p>\n\u003cp>\"Honestly, I'm just kind of zen about it,\" Fraser said. \"You don't lock your best bike up, which is annoying to people with only one bike and who want a nice bike to commute on.\"\u003c/p>\n\u003cp>At certain stations, bike commuters can take advantage of bike lockers and bike stations. The Downtown Berkeley bike station offers free valet bike parking during the day and also houses a 24-hour self-storage facility that charges 3 cents per hour from 9 a.m. to 6 p.m. weekdays and 1 cent per hour at all other times, \u003ca href=\"http://bartbikestation.com/services.php\" target=\"_blank\">according to the website\u003c/a>. Since opening about two years ago, Hunt estimates that 25,000 bikes have cycled through the facility.\u003c/p>\n\u003cp>\"On the enforcement side,\" LaPlante wrote, \"our patrol units are well aware that BART stations are a potential location for bike theft and they remain vigilant as often as they can. Patrol units are regularly updated on the crimes that are occurring around the system so they can know where to focus their attention.\"\u003c/p>\n\u003cp>While acknowledging that underreporting might skew figures, LaPlante emphasized that \"our statistics are the primary indication of problem locations around our system\" and that \"reporting stolen bikes is very important to our response and we encourage it.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Dashboard_1.png\">\u003cimg class=\"aligncenter size-full wp-image-55787\" title=\"Dashboard_1\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Dashboard_1.png\" alt=\"\" width=\"634\" height=\"670\">\u003c/a>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Breakfast Blend: Preschool California Protests Budget Ax Hit to Transitional Kindergarten",
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"content": "\u003cp>Rachael Myrow here, host of the California Report, with a handful of links to cool and/or important stories outside the Bay Area local readers should check out.\u003c/p>\n\u003cul>\n\u003cli>\u003ca title=\"Parents, teachers protest plan to scrap transitional kindergarten\" href=\"http://www.latimes.com/news/local/la-me-kindergarten-20120208,0,2029316.story\" target=\"_top\">Parents, teachers protest plan to scrap transitional kindergarten\u003c/a> (Los Angeles Times)\u003c/li>\n\u003cli>\u003cstrong>\u003c/strong>\u003ca title=\"Will L.A. Unified's response to abuse allegations pass muster?\" href=\"http://www.latimes.com/news/local/la-me-0208-lopez-miramonte-20120207,0,4639284.column\" target=\"_top\">Will L.A. Unified's response to abuse allegations pass muster?\u003c/a> (Los Angeles Times)\u003c/li>\n\u003cli>\u003ca href=\"http://www.pe.com/local-news/politics/jim-miller-headlines/20120207-tribes-governor-appoints-tribal-adviser.ece\" target=\"_blank\">TRIBES: Governor appoints tribal adviser\u003c/a> (Riverside Press Enterprise)\u003c/li>\n\u003cli>\u003ca href=\"http://online.wsj.com/article/APeba6a1f4da444c32b37591ee9947f172.html?KEYWORDS=California\">Judge: Calif serial killer can be extradited to NY\u003c/a> (Wall Street Journal)\u003c/li>\n\u003cli>\u003ca title=\"http://chronicle.com/article/Stanford-Raises-62-Billion/130698/?sid=at&utm_source=at&utm_medium=en\" href=\"http://chronicle.com/article/Stanford-Raises-62-Billion/130698/?sid=at&utm_source=at&utm_medium=en\">Stanford Raises $6.2-Billion, a Record for Higher Education\u003c/a> (Chronicle of Higher Education)\u003c/li>\n\u003c/ul>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Rachael Myrow here, host of the California Report, with a handful of links to cool and/or important stories outside the Bay Area local readers should check out.\u003c/p>\n\u003cul>\n\u003cli>\u003ca title=\"Parents, teachers protest plan to scrap transitional kindergarten\" href=\"http://www.latimes.com/news/local/la-me-kindergarten-20120208,0,2029316.story\" target=\"_top\">Parents, teachers protest plan to scrap transitional kindergarten\u003c/a> (Los Angeles Times)\u003c/li>\n\u003cli>\u003cstrong>\u003c/strong>\u003ca title=\"Will L.A. Unified's response to abuse allegations pass muster?\" href=\"http://www.latimes.com/news/local/la-me-0208-lopez-miramonte-20120207,0,4639284.column\" target=\"_top\">Will L.A. Unified's response to abuse allegations pass muster?\u003c/a> (Los Angeles Times)\u003c/li>\n\u003cli>\u003ca href=\"http://www.pe.com/local-news/politics/jim-miller-headlines/20120207-tribes-governor-appoints-tribal-adviser.ece\" target=\"_blank\">TRIBES: Governor appoints tribal adviser\u003c/a> (Riverside Press Enterprise)\u003c/li>\n\u003cli>\u003ca href=\"http://online.wsj.com/article/APeba6a1f4da444c32b37591ee9947f172.html?KEYWORDS=California\">Judge: Calif serial killer can be extradited to NY\u003c/a> (Wall Street Journal)\u003c/li>\n\u003cli>\u003ca title=\"http://chronicle.com/article/Stanford-Raises-62-Billion/130698/?sid=at&utm_source=at&utm_medium=en\" href=\"http://chronicle.com/article/Stanford-Raises-62-Billion/130698/?sid=at&utm_source=at&utm_medium=en\">Stanford Raises $6.2-Billion, a Record for Higher Education\u003c/a> (Chronicle of Higher Education)\u003c/li>\n\u003c/ul>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Prop 8 Ruling Legal Analysis: Decision Made With Eye Toward Warding Off Supreme Court",
"title": "Prop 8 Ruling Legal Analysis: Decision Made With Eye Toward Warding Off Supreme Court",
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"content": "\u003cfigure id=\"attachment_55730\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop8SM.gif\">\u003cimg class=\"size-medium wp-image-55730\" title=\"prop8SM\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop8SM-300x200.gif\" alt=\"\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Same-sex marriage supporters march after today's ruling (Don Clyde/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>UC Davis law professor Vik Amar analyzed the 9th Circuit's Prop 8 ruling in an interview with KQED's Scott Shafer today.\u003c/p>\n\u003cp>Amar's take: The two judges in the majority, Stephen Reinhardt and Michael Hawkins, may have tailored their decision in the narrowest way possible -- applying only to California -- so as to give the ruling the best possible chance of \u003cem>not\u003c/em> being taken up by the U.S. Supreme Court. Amar also said if history is any guide, the more states that legalize same-sex marriage, the more inclined the Supreme Court may be to make it a federal right applicable across the country.\u003c/p>\n\u003cp>Here's an edited transcript...\u003c/p>\n\u003cp>\u003cstrong>What's your initial take on the ruling? \u003c/strong>\u003c/p>\n\u003cp>I think the two judges making up the majority tried to write the opinion narrowly and probably did so because they were trying to minimize the interest of the Supreme Court in taking the case at the next level.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>If they'd written an opinion that struck down bans on gay marriage not just in California but in all the states covered by the 9th Circuit, the Supreme Court would almost have to step in to resolve the matter one way or the other, because you would have had a very different federal rights regime west of the Rockies vs. the rest of country.\u003c/p>\n\u003cp>But by limiting the ruling and the reasoning to California and to Proposition 8, the Ninth Circuit judges at least give the Supreme Court an excuse not to step in.\u003c/p>\n\u003cp>Today's ruling is monumental in a lot of respects: This is the first federal appellate ruling that holds there is a federal right to same-sex marriage, no matter how narrow the reasoning might be. That alone coupled with California's size and prominence may lead the Supreme Court to feel they have to weigh in. But as important as California is, it's still one state. If the decision had affected nine states rather than one, it would have been bigger still.\u003c/p>\n\u003cp>But there was no way the 9th circuit was going to rule for the plaintiffs and not create a significant risk that the Supreme Court would step in. The question wasn't whether the Supreme Court had its eye on this case, the question was how do you minimize that, and I think they tried to do that by keeping the reasoning specific to California.\u003c/p>\n\u003cp>That may not work. The Prop 8 proponents may end up convincing the Supreme Court that this is a big ruling that needs to be dealt with, even though it affects California only.\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>In terms of dissent from Judge Smith, who said he isn't convinced there \u003cem>isn't\u003c/em> a rational reason to limit marriage to heterosexuals, what impact might that have on the Supreme Court or on a possible Ninth Circuit \u003ca href=\"http://en.wikipedia.org/wiki/En_banc\">en banc panel\u003c/a>?\u003c/strong>\u003c/p>\n\u003cp>I'm not sure the dissent is going to influence many people on the Ninth Circuit or on the Supreme Court. This matter is important and has been in the news so much that a lot of judges on both courts probably have their own views.\u003c/p>\n\u003cp>And a lot of people who might agree with Judge Smith that Prop 8 is not unconstitutional would have written a very different dissent, stressing different issues. Judge Smith stressed procreation and child rearing, other people might stress how it should be permissible for states to proceed incrementally and with caution, and that you don't want too much social change too quickly. For some backers of same-sex marriage, that's a more plausible line of defense.\u003c/p>\n\u003cp>So I'm not sure the particulars of what Judge Smith said in his defense will affect anybody, but it is a reminder that this is the kind of dispute where you're unlikely to have unanimity on any court.\u003c/p>\n\u003cp>\u003cstrong>Washington state \u003ca href=\"http://www.usatoday.com/news/nation/story/2012-02-06/washington-gay-marriage-bill/52994722/1\">may soon legalize gay marriage\u003c/a>. The senate has passed it; the governor says she'll sign it. What effect does the politics of same-sex marriage have on the ultimate resolution of this case legally?\u003c/strong>\u003c/p>\n\u003cp>I think that the larger political backdrop has an enormous effect. Whether the Supreme Court always admits it or not –- and sometimes they do —- federal constitutional rights are easier to defend when there is a broad or emerging national consensus on them.\u003c/p>\n\u003cp>This is not to say that minorities should be deprived of their basic liberties simply because they haven't convinced the entire country that they're being treated unfairly. But when you do have social movements that reflect a broader national trend line, there are justices on the Supreme Court who will feel more comfortable saying what was a regional trend is now national, so they will feel more disposed to deem it a national right.\u003c/p>\n\u003cp>For Justice Kennedy, for instance, to embrace gay marriage as a federal right when five states or seven states have recognized it is different than if a dozen or 20 states have.\u003c/p>\n\u003cp>One area in which the Supreme Court does this explicitly is the Cruel and Unusual punishment clause of the 8th Amendment. What counts as cruel and unusual depends on how many states do the same thing.\u003c/p>\n\u003cp>In the most famous Supreme Court same-sex case to date, \u003ca href=\"http://www.oyez.org/cases/2000-2009/2002/2002_02_102\">Lawrence vs. Texas\u003c/a>, in which the court struck down a law that made it a crime to engage in any same-sex conduct, I think it mattered a great deal that Texas was an outlier.\u003c/p>\n\u003cp>There's a famous case from Colorado that Judge Reinhardt leaned on in his opinion today, \u003ca href=\"http://www.oyez.org/cases/1990-1999/1995/1995_94_1039\">Romer v. Evans\u003c/a>, where the Supreme Court struck down a mean-spirited measure in Colorado that visited discrimination on gays and lesbians. In Justice Kennedy invalidating that measure, he highlighted that Colorado was an outlier, was doing something unusual.\u003c/p>\n\u003cp>So the more states that recognize same-sex marriage and the more that becomes the trend line, the more that those states who don't recognize it start to look like laggards.\u003c/p>\n\u003cp>\u003cstrong>Thinking back to \u003ca href=\"http://www.oyez.org/cases/1950-1959/1952/1952_1/\">Brown v. Board of Ed\u003c/a> on segregation and \u003ca href=\"http://www.oyez.org/cases/1960-1969/1966/1966_395\">Loving v. Virginia\u003c/a> on interracial marriage, how would you compare the public mood about those issues versus the way the public feels now about gay marriage? \u003c/strong>\u003c/p>\n\u003cp>I think it mattered a lot in Loving v. Virginia that a lot of states in the years leading up to 1967 had become more liberal with respect to interracial marriage.\u003c/p>\n\u003cp>The California Supreme Court recognized interracial marriage decades before the Supreme Court in Loving, but in that intervening period a number of other states followed California's lead. So by the time the Supreme Court determined interracial marriage to be a national right in 1967, the trend line was clear and states that resisted begun to look like outliers. Brown vs. Board of Ed is a little different because you still had a big bloc of states that were adamant in not wanting to desegregate, so that was more regionalized.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>With regard to same-sex marriage, it's been legalized mostly on the coasts, though you also have a state like Iowa that recognized it as well, albeit under a lot of controversy. But I do think these cases underscore that it's easier for the Supreme Court to take a step in recognizing a national right when that right is winning recognition in different parts of the country.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_55730\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop8SM.gif\">\u003cimg class=\"size-medium wp-image-55730\" title=\"prop8SM\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop8SM-300x200.gif\" alt=\"\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Same-sex marriage supporters march after today's ruling (Don Clyde/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>UC Davis law professor Vik Amar analyzed the 9th Circuit's Prop 8 ruling in an interview with KQED's Scott Shafer today.\u003c/p>\n\u003cp>Amar's take: The two judges in the majority, Stephen Reinhardt and Michael Hawkins, may have tailored their decision in the narrowest way possible -- applying only to California -- so as to give the ruling the best possible chance of \u003cem>not\u003c/em> being taken up by the U.S. Supreme Court. Amar also said if history is any guide, the more states that legalize same-sex marriage, the more inclined the Supreme Court may be to make it a federal right applicable across the country.\u003c/p>\n\u003cp>Here's an edited transcript...\u003c/p>\n\u003cp>\u003cstrong>What's your initial take on the ruling? \u003c/strong>\u003c/p>\n\u003cp>I think the two judges making up the majority tried to write the opinion narrowly and probably did so because they were trying to minimize the interest of the Supreme Court in taking the case at the next level.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>If they'd written an opinion that struck down bans on gay marriage not just in California but in all the states covered by the 9th Circuit, the Supreme Court would almost have to step in to resolve the matter one way or the other, because you would have had a very different federal rights regime west of the Rockies vs. the rest of country.\u003c/p>\n\u003cp>But by limiting the ruling and the reasoning to California and to Proposition 8, the Ninth Circuit judges at least give the Supreme Court an excuse not to step in.\u003c/p>\n\u003cp>Today's ruling is monumental in a lot of respects: This is the first federal appellate ruling that holds there is a federal right to same-sex marriage, no matter how narrow the reasoning might be. That alone coupled with California's size and prominence may lead the Supreme Court to feel they have to weigh in. But as important as California is, it's still one state. If the decision had affected nine states rather than one, it would have been bigger still.\u003c/p>\n\u003cp>But there was no way the 9th circuit was going to rule for the plaintiffs and not create a significant risk that the Supreme Court would step in. The question wasn't whether the Supreme Court had its eye on this case, the question was how do you minimize that, and I think they tried to do that by keeping the reasoning specific to California.\u003c/p>\n\u003cp>That may not work. The Prop 8 proponents may end up convincing the Supreme Court that this is a big ruling that needs to be dealt with, even though it affects California only.\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>In terms of dissent from Judge Smith, who said he isn't convinced there \u003cem>isn't\u003c/em> a rational reason to limit marriage to heterosexuals, what impact might that have on the Supreme Court or on a possible Ninth Circuit \u003ca href=\"http://en.wikipedia.org/wiki/En_banc\">en banc panel\u003c/a>?\u003c/strong>\u003c/p>\n\u003cp>I'm not sure the dissent is going to influence many people on the Ninth Circuit or on the Supreme Court. This matter is important and has been in the news so much that a lot of judges on both courts probably have their own views.\u003c/p>\n\u003cp>And a lot of people who might agree with Judge Smith that Prop 8 is not unconstitutional would have written a very different dissent, stressing different issues. Judge Smith stressed procreation and child rearing, other people might stress how it should be permissible for states to proceed incrementally and with caution, and that you don't want too much social change too quickly. For some backers of same-sex marriage, that's a more plausible line of defense.\u003c/p>\n\u003cp>So I'm not sure the particulars of what Judge Smith said in his defense will affect anybody, but it is a reminder that this is the kind of dispute where you're unlikely to have unanimity on any court.\u003c/p>\n\u003cp>\u003cstrong>Washington state \u003ca href=\"http://www.usatoday.com/news/nation/story/2012-02-06/washington-gay-marriage-bill/52994722/1\">may soon legalize gay marriage\u003c/a>. The senate has passed it; the governor says she'll sign it. What effect does the politics of same-sex marriage have on the ultimate resolution of this case legally?\u003c/strong>\u003c/p>\n\u003cp>I think that the larger political backdrop has an enormous effect. Whether the Supreme Court always admits it or not –- and sometimes they do —- federal constitutional rights are easier to defend when there is a broad or emerging national consensus on them.\u003c/p>\n\u003cp>This is not to say that minorities should be deprived of their basic liberties simply because they haven't convinced the entire country that they're being treated unfairly. But when you do have social movements that reflect a broader national trend line, there are justices on the Supreme Court who will feel more comfortable saying what was a regional trend is now national, so they will feel more disposed to deem it a national right.\u003c/p>\n\u003cp>For Justice Kennedy, for instance, to embrace gay marriage as a federal right when five states or seven states have recognized it is different than if a dozen or 20 states have.\u003c/p>\n\u003cp>One area in which the Supreme Court does this explicitly is the Cruel and Unusual punishment clause of the 8th Amendment. What counts as cruel and unusual depends on how many states do the same thing.\u003c/p>\n\u003cp>In the most famous Supreme Court same-sex case to date, \u003ca href=\"http://www.oyez.org/cases/2000-2009/2002/2002_02_102\">Lawrence vs. Texas\u003c/a>, in which the court struck down a law that made it a crime to engage in any same-sex conduct, I think it mattered a great deal that Texas was an outlier.\u003c/p>\n\u003cp>There's a famous case from Colorado that Judge Reinhardt leaned on in his opinion today, \u003ca href=\"http://www.oyez.org/cases/1990-1999/1995/1995_94_1039\">Romer v. Evans\u003c/a>, where the Supreme Court struck down a mean-spirited measure in Colorado that visited discrimination on gays and lesbians. In Justice Kennedy invalidating that measure, he highlighted that Colorado was an outlier, was doing something unusual.\u003c/p>\n\u003cp>So the more states that recognize same-sex marriage and the more that becomes the trend line, the more that those states who don't recognize it start to look like laggards.\u003c/p>\n\u003cp>\u003cstrong>Thinking back to \u003ca href=\"http://www.oyez.org/cases/1950-1959/1952/1952_1/\">Brown v. Board of Ed\u003c/a> on segregation and \u003ca href=\"http://www.oyez.org/cases/1960-1969/1966/1966_395\">Loving v. Virginia\u003c/a> on interracial marriage, how would you compare the public mood about those issues versus the way the public feels now about gay marriage? \u003c/strong>\u003c/p>\n\u003cp>I think it mattered a lot in Loving v. Virginia that a lot of states in the years leading up to 1967 had become more liberal with respect to interracial marriage.\u003c/p>\n\u003cp>The California Supreme Court recognized interracial marriage decades before the Supreme Court in Loving, but in that intervening period a number of other states followed California's lead. So by the time the Supreme Court determined interracial marriage to be a national right in 1967, the trend line was clear and states that resisted begun to look like outliers. Brown vs. Board of Ed is a little different because you still had a big bloc of states that were adamant in not wanting to desegregate, so that was more regionalized.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>With regard to same-sex marriage, it's been legalized mostly on the coasts, though you also have a state like Iowa that recognized it as well, albeit under a lot of controversy. But I do think these cases underscore that it's easier for the Supreme Court to take a step in recognizing a national right when that right is winning recognition in different parts of the country.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "Appeals Court Upholds Vaughn Walker Ruling Invalidating Prop. 8",
"headTitle": "Appeals Court Upholds Vaughn Walker Ruling Invalidating Prop. 8 | KQED",
"content": "\u003cp>The 9th Circuit Court of Appeals has upheld Judge Vaughn Walker’s ruling invalidating Proposition 8, California’s same-sex marriage ban.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cul>\n\u003cli>\u003ca href=\"http://www.kqed.org/a/radiospecials/R201202071800\">\u003cstrong>Listen to KQED News Prop 8 special\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/02/07/read-the-full-prop-8-ruling-and-key-passages/\">\u003cstrong>Read the ruling and key passages\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/02/07/prop-8-appeals-court-decision/#twitter\">\u003cstrong>Reaction on Twitter\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/02/07/prop-8-ruling-legal-analysis-decision-was-made-with-eye-toward-supreme-court/\">\u003cstrong>Legal analysis\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.flickr.com/photos/kqedradio/sets/72157629218649235/\">\u003cstrong>Photos\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>The federal appeals court has declared California’s same-sex marriage ban to be unconstitutional, paving the way for a likely U.S. Supreme Court showdown on the voter-approved law. A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco ruled 2-1 Tuesday that Walker, a lower-court judge, interpreted the U.S. Constitution correctly in 2010 when he declared Proposition 8 to be a violation of the civil rights of gays and lesbians.\u003c/p>\n\u003cfigure id=\"attachment_55643\" class=\"wp-caption alignleft\" style=\"max-width: 225px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop81.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-55643\" title=\"prop81\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop81-300x224.jpg\" alt=\"\" width=\"225\" height=\"168\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">At an anti-Prop 8 rally before the hearing. (Scott Shafer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The measure, which passed with 52 percent of the vote in 2008, outlawed same-sex unions just five months after they became legal in the state.\u003c/p>\n\u003cp>Lawyers for Proposition 8 sponsors and for two couples who sued to overturn the ban have said they would appeal to the Supreme Court if they did not receive a favorable ruling from the 9th Circuit.\u003c/p>\n\u003cp>A stay on same-sex marriage remains in effect.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>A key passage from the ruling:\u003c/p>\n\u003cp>“Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples.”\u003c/p>\n\u003cp>Earlier today, KQED’s Scott Shafer reported from outside the court on 7th and Mission in San Francisco:\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cp>The decision was a narrow one, focusing on the proposition itself and the fact that California voters withdrew a right that had existed before Prop 8 was passed.\u003c/p>\n\u003c/aside>\n\u003cp>“Several dozen mostly supporters of same-sex marriage had gathered in front of the court awaiting the decision. A \u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop8whoop.mp3\">whoop went up from the crowd\u003c/a> almost instantaneously when it was released, accompanied by honking horns from passing motorists.\u003c/p>\n\u003cp>The panel of judges that made the ruling is ideologically diverse, with two having been appointed by Democrats and the third by George W. Bush. That judge, N. Randy Smith, dissented, asserting that he just wasn’t convinced that Prop 8 doesn’t have a rationally related reason attached to it.\u003c/p>\n\u003cp>The fact that it’s not unanimous makes it a little more likely that Prop 8 backers can go to the 9th Circuit and ask for an en banc review, made up of a larger panel of 11 judges. That would delay the case from going to the U.S. Supreme Court by possibly up to a year. The losing side has 14 days to decide whether to petition the court for such a review.\u003c/p>\n\u003cp>One of the unknowns before the decision was whether the ruling would be a broad, having national significance, or a narrower one that focused on Prop 8 in California. The decision was a narrow one, focusing on the proposition itself and the fact that California voters withdrew a right that had existed before Prop 8 was passed. The narrower ruling might make it a little less likely that the Supreme Court would take the case up, but that remains to be seen.”\u003cbr>\n\u003c!--more-->\u003c/p>\n\u003cp>On two ancillary issues, whether Prop 8 proponents have standing to defend the law in court, and whether Judge Vaughn Walker should have recused himself because of his own long-term same-sex relationship, the court was in unanimous agreement. It ruled that proponents do have the legal right to defend a proposition in court, and that Walker’s same-sex relationship did not require his recusal.\u003c/p>\n\u003cp>The National Organization For Marriage, the main group supporting Proposition 8, has \u003ca href=\"http://www.nationformarriage.org/site/apps/nlnet/content2.aspx?c=omL2KeN0LzH&b=5134145&ct=11622743¬oc=1\">condemned the ruling\u003c/a>. From the press release:\u003c/p>\n\u003cblockquote>\u003cp>“As sweeping and wrong-headed as this decision is, it nonetheless was as predictable as the outcome of a Harlem Globetrotters exhibition game,” said Brian Brown, NOM’s president. “We have anticipated this outcome since the moment San Francisco Judge Vaughn Walker’s first hearing in the case. Now we have the field cleared to take this issue to the US Supreme Court, where we have every confidence we will prevail.”\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Update 5:07 p.m.\u003c/strong>\u003c/p>\n\u003cp>\u003ca href=\"https://twitter.com/#!/newtgingrich/status/166956181204647936\">Newt Gingrich’s Twitter response\u003c/a>:\u003c/p>\n\u003cp>https://twitter.com/#!/newtgingrich/status/166956181204647936\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>And from Mitt Romney, per the \u003ca href=\"http://www.washingtonpost.com/blogs/plum-line/post/on-gay-marriage-mitt-romney-veers-hard-to-the-right/2012/02/07/gIQALE48wQ_blog.html\">Washington Post Plum Line blog\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>“Today, unelected judges cast aside the will of the people of California who voted to protect traditional marriage. This decision does not end this fight, and I expect it to go to the Supreme Court. That prospect underscores the vital importance of this election and the movement to preserve our values. I believe marriage is between a man and a woman and, as president, I will protect traditional marriage and appoint judges who interpret the Constitution as it is written and not according to their own politics and prejudices.”\u003c/p>\u003c/blockquote>\n\u003cp>As for the White House response, Obama administration press secretary Jay Carney \u003ca href=\"http://www.youtube.com/watch?v=G3MO-thT-gk&feature=player_embedded\">wasn’t saying much\u003c/a>, other than this: “The president has long opposed, as you know, discriminatory efforts to deny rights and benefits to same-sex couples.”\u003c/p>\n\u003cp>\u003ciframe loading=\"lazy\" src=\"http://www.youtube.com/embed/G3MO-thT-gk\" frameborder=\"0\" width=\"480\" height=\"274\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>Update 12:45 p.m.\u003c/strong> KQED reporter Caitlin Esch, at the courthouse today, recorded the following \u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop8whoop.mp\">whoop that went up from the crowd\u003c/a> of same-sex marriage supporters as soon as the ruling was released.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop8whoop.mp3\">Audio: Crowd reacts to court ruling\u003c/a>\u003cbr>\n[audio:http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop8whoop.mp3|titles=prop8whoop]\u003c/p>\n\u003cp>\u003ca name=\"twitter\">\u003c/a>Click on the play button below to see \u003ca href=\"https://twitter.com/#!/search?q=%23Prop8\">reaction to the ruling on Twitter\u003c/a>\u003ca name=\"twitter\">\u003c/a>:\u003c/p>\n\u003cp>\u003ciframe loading=\"lazy\" src=\"http://www.coveritlive.com/index2.php/option=com_altcaster/task=viewaltcast/altcast_code=d26f022e09/height=550/width=470\" frameborder=\"0\" scrolling=\"no\" width=\"470\" height=\"550\">\u003c/iframe>\u003c/p>\n\u003cp>Here’s the \u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop8fulltext.pdf\">full text of the decision\u003c/a>:\u003c/p>\n\u003cp>\u003ca title=\"View Ninth Circuit Prop. 8 decision on Scribd\" href=\"http://www.scribd.com/doc/80809524/Ninth-Circuit-Prop-8-decision\">Ninth Circuit Prop. 8 decision\u003c/a>\u003ciframe loading=\"lazy\" src=\"http://www.scribd.com/embeds/80809524/content?start_page=1&view_mode=list&access_key=key-50ouzjzre6bsg062onq\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>Update 10:50 a.m.\u003c/strong> Mayor Edwin M. Lee today issued this statement on the decision:\u003c/p>\n\u003cp>“I celebrate the decision by the Ninth Circuit Court today. This is a great day for marriage equality and a great day for California families. The Court affirmed today that there is nothing in the Constitution that allows discrimination and we are on our way to protecting the fundamental rights of everyone in our State.\u003c/p>\n\u003cp>And, we will continue the fight until everyone is treated equally.\u003c/p>\n\u003cp>San Francisco stands ready to begin marrying same sex couples, and we remain as deeply committed to the fight for marriage equality today as we did nearly eight years ago when then Mayor Gavin Newsom started one of the most important civil rights issues of our generation to ensure equality for all.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>I would also like to acknowledge the tireless work of our City Attorney Dennis Herrera and his team in defense of marriage equality and the California Constitution these last eight years. Together, we will take this fight all the way to the nation’s highest court, if necessary.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The 9th Circuit Court of Appeals has upheld Judge Vaughn Walker’s ruling invalidating Proposition 8, California’s same-sex marriage ban.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cul>\n\u003cli>\u003ca href=\"http://www.kqed.org/a/radiospecials/R201202071800\">\u003cstrong>Listen to KQED News Prop 8 special\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/02/07/read-the-full-prop-8-ruling-and-key-passages/\">\u003cstrong>Read the ruling and key passages\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/02/07/prop-8-appeals-court-decision/#twitter\">\u003cstrong>Reaction on Twitter\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/02/07/prop-8-ruling-legal-analysis-decision-was-made-with-eye-toward-supreme-court/\">\u003cstrong>Legal analysis\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.flickr.com/photos/kqedradio/sets/72157629218649235/\">\u003cstrong>Photos\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>The federal appeals court has declared California’s same-sex marriage ban to be unconstitutional, paving the way for a likely U.S. Supreme Court showdown on the voter-approved law. A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco ruled 2-1 Tuesday that Walker, a lower-court judge, interpreted the U.S. Constitution correctly in 2010 when he declared Proposition 8 to be a violation of the civil rights of gays and lesbians.\u003c/p>\n\u003cfigure id=\"attachment_55643\" class=\"wp-caption alignleft\" style=\"max-width: 225px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop81.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-55643\" title=\"prop81\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop81-300x224.jpg\" alt=\"\" width=\"225\" height=\"168\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">At an anti-Prop 8 rally before the hearing. (Scott Shafer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The measure, which passed with 52 percent of the vote in 2008, outlawed same-sex unions just five months after they became legal in the state.\u003c/p>\n\u003cp>Lawyers for Proposition 8 sponsors and for two couples who sued to overturn the ban have said they would appeal to the Supreme Court if they did not receive a favorable ruling from the 9th Circuit.\u003c/p>\n\u003cp>A stay on same-sex marriage remains in effect.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A key passage from the ruling:\u003c/p>\n\u003cp>“Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples.”\u003c/p>\n\u003cp>Earlier today, KQED’s Scott Shafer reported from outside the court on 7th and Mission in San Francisco:\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cp>The decision was a narrow one, focusing on the proposition itself and the fact that California voters withdrew a right that had existed before Prop 8 was passed.\u003c/p>\n\u003c/aside>\n\u003cp>“Several dozen mostly supporters of same-sex marriage had gathered in front of the court awaiting the decision. A \u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop8whoop.mp3\">whoop went up from the crowd\u003c/a> almost instantaneously when it was released, accompanied by honking horns from passing motorists.\u003c/p>\n\u003cp>The panel of judges that made the ruling is ideologically diverse, with two having been appointed by Democrats and the third by George W. Bush. That judge, N. Randy Smith, dissented, asserting that he just wasn’t convinced that Prop 8 doesn’t have a rationally related reason attached to it.\u003c/p>\n\u003cp>The fact that it’s not unanimous makes it a little more likely that Prop 8 backers can go to the 9th Circuit and ask for an en banc review, made up of a larger panel of 11 judges. That would delay the case from going to the U.S. Supreme Court by possibly up to a year. The losing side has 14 days to decide whether to petition the court for such a review.\u003c/p>\n\u003cp>One of the unknowns before the decision was whether the ruling would be a broad, having national significance, or a narrower one that focused on Prop 8 in California. The decision was a narrow one, focusing on the proposition itself and the fact that California voters withdrew a right that had existed before Prop 8 was passed. The narrower ruling might make it a little less likely that the Supreme Court would take the case up, but that remains to be seen.”\u003cbr>\n\u003c!--more-->\u003c/p>\n\u003cp>On two ancillary issues, whether Prop 8 proponents have standing to defend the law in court, and whether Judge Vaughn Walker should have recused himself because of his own long-term same-sex relationship, the court was in unanimous agreement. It ruled that proponents do have the legal right to defend a proposition in court, and that Walker’s same-sex relationship did not require his recusal.\u003c/p>\n\u003cp>The National Organization For Marriage, the main group supporting Proposition 8, has \u003ca href=\"http://www.nationformarriage.org/site/apps/nlnet/content2.aspx?c=omL2KeN0LzH&b=5134145&ct=11622743¬oc=1\">condemned the ruling\u003c/a>. From the press release:\u003c/p>\n\u003cblockquote>\u003cp>“As sweeping and wrong-headed as this decision is, it nonetheless was as predictable as the outcome of a Harlem Globetrotters exhibition game,” said Brian Brown, NOM’s president. “We have anticipated this outcome since the moment San Francisco Judge Vaughn Walker’s first hearing in the case. Now we have the field cleared to take this issue to the US Supreme Court, where we have every confidence we will prevail.”\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Update 5:07 p.m.\u003c/strong>\u003c/p>\n\u003cp>\u003ca href=\"https://twitter.com/#!/newtgingrich/status/166956181204647936\">Newt Gingrich’s Twitter response\u003c/a>:\u003c/p>\n\u003cp>https://twitter.com/#!/newtgingrich/status/166956181204647936\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>And from Mitt Romney, per the \u003ca href=\"http://www.washingtonpost.com/blogs/plum-line/post/on-gay-marriage-mitt-romney-veers-hard-to-the-right/2012/02/07/gIQALE48wQ_blog.html\">Washington Post Plum Line blog\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>“Today, unelected judges cast aside the will of the people of California who voted to protect traditional marriage. This decision does not end this fight, and I expect it to go to the Supreme Court. That prospect underscores the vital importance of this election and the movement to preserve our values. I believe marriage is between a man and a woman and, as president, I will protect traditional marriage and appoint judges who interpret the Constitution as it is written and not according to their own politics and prejudices.”\u003c/p>\u003c/blockquote>\n\u003cp>As for the White House response, Obama administration press secretary Jay Carney \u003ca href=\"http://www.youtube.com/watch?v=G3MO-thT-gk&feature=player_embedded\">wasn’t saying much\u003c/a>, other than this: “The president has long opposed, as you know, discriminatory efforts to deny rights and benefits to same-sex couples.”\u003c/p>\n\u003cp>\u003ciframe loading=\"lazy\" src=\"http://www.youtube.com/embed/G3MO-thT-gk\" frameborder=\"0\" width=\"480\" height=\"274\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>Update 12:45 p.m.\u003c/strong> KQED reporter Caitlin Esch, at the courthouse today, recorded the following \u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop8whoop.mp\">whoop that went up from the crowd\u003c/a> of same-sex marriage supporters as soon as the ruling was released.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop8whoop.mp3\">Audio: Crowd reacts to court ruling\u003c/a>\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca name=\"twitter\">\u003c/a>Click on the play button below to see \u003ca href=\"https://twitter.com/#!/search?q=%23Prop8\">reaction to the ruling on Twitter\u003c/a>\u003ca name=\"twitter\">\u003c/a>:\u003c/p>\n\u003cp>\u003ciframe loading=\"lazy\" src=\"http://www.coveritlive.com/index2.php/option=com_altcaster/task=viewaltcast/altcast_code=d26f022e09/height=550/width=470\" frameborder=\"0\" scrolling=\"no\" width=\"470\" height=\"550\">\u003c/iframe>\u003c/p>\n\u003cp>Here’s the \u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop8fulltext.pdf\">full text of the decision\u003c/a>:\u003c/p>\n\u003cp>\u003ca title=\"View Ninth Circuit Prop. 8 decision on Scribd\" href=\"http://www.scribd.com/doc/80809524/Ninth-Circuit-Prop-8-decision\">Ninth Circuit Prop. 8 decision\u003c/a>\u003ciframe loading=\"lazy\" src=\"http://www.scribd.com/embeds/80809524/content?start_page=1&view_mode=list&access_key=key-50ouzjzre6bsg062onq\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>Update 10:50 a.m.\u003c/strong> Mayor Edwin M. Lee today issued this statement on the decision:\u003c/p>\n\u003cp>“I celebrate the decision by the Ninth Circuit Court today. This is a great day for marriage equality and a great day for California families. The Court affirmed today that there is nothing in the Constitution that allows discrimination and we are on our way to protecting the fundamental rights of everyone in our State.\u003c/p>\n\u003cp>And, we will continue the fight until everyone is treated equally.\u003c/p>\n\u003cp>San Francisco stands ready to begin marrying same sex couples, and we remain as deeply committed to the fight for marriage equality today as we did nearly eight years ago when then Mayor Gavin Newsom started one of the most important civil rights issues of our generation to ensure equality for all.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>I would also like to acknowledge the tireless work of our City Attorney Dennis Herrera and his team in defense of marriage equality and the California Constitution these last eight years. Together, we will take this fight all the way to the nation’s highest court, if necessary.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Read the Full Prop 8 Ruling and Key Passages",
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"content": "\u003cp>Here is \u003ca href=\"http://www.scribd.com/doc/80809524/Ninth-Circuit-Prop-8-decision\">today's full Appeals Court decision\u003c/a> upholding Judge Vaughn Walker's decision to strike down Proposition 8, California's same-sex marriage ban.\u003c/p>\n\u003cp>\u003ca title=\"View Ninth Circuit Prop. 8 decision on Scribd\" href=\"http://www.scribd.com/doc/80809524/Ninth-Circuit-Prop-8-decision\">Ninth Circuit Prop. 8 decision\u003c/a>\u003ciframe src=\"http://www.scribd.com/embeds/80809524/content?start_page=1&view_mode=list&access_key=key-50ouzjzre6bsg062onq\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\u003cp>The first few passages summarize the findings and also speak to the narrowness of the ruling, which did not address \"whether under the Constitution same-sex couples may ever be denied the right to marry.\" \u003c/p>\n\u003cblockquote>\u003cp>Although the Constitution permits communities to enact most laws they believe to be desirable, it requires that there be at least a legitimate reason for the passage of a law that treats different classes of people differently. There was no such reason that Proposition 8 could have been enacted. Because under California statutory law, same-sex couples had all the rights of opposite-sex couples, regardless of their marital status, all parties agree that Proposition 8 had one effect only. It stripped same-sex couples of the ability they previously possessed to obtain from the State, or any other authorized party, an important right--the right to obtain and use the designation of 'marriage' to describe their relationships. Nothing more, nothing less. Proposition 8 therefore could not have been enacted to advance California's interests in child-rearing or responsible procreation, for it had no effect on the rights of same-sex couples to raise children or on the procreative practices of other couples. Nor did Proposition 8 have any effect on religious freedom or on parents' rights to control their children's education; it could not have been enacted to safeguard these liberties.\u003c/p>\n\u003cp>All that Proposition 8 accomplished was to take away from the same-sex couples the right to be granted marriage licenses and thus legally to use the designation of 'marriage', which symbolizes state legitimization and societal recognition of their committed relationships. Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples. The Constitution simply does not allow for \"laws of this sort.\" Romer v. Evans, 517 U.S. 620, 633 \u003c/p>\n\u003cp>Broader issues have been urged for our consideration, but we adhere to the principle of deciding constitutional questions only in the context of the particular case before the Court,\" \u003ca href=\"http://www.law.cornell.edu/supct/html/historics/USSC_CR_0339_0629_ZS.html\">Sweatt v. Painter\u003c/a>, 339 U.S. 629, 631 (1950). Whether under the Constitution same-sex couples may ever be denied the right to marry, a right that has long been enjoyed by opposite-sex couples, is an important and highly controversial question. It is currently a matter of great debate in our nation, and an issue over which people of good will may disagree, sometimes strongly. Of course, when questions of constitutional law are necessary to the resolution of a case, courts may not and should not abstain from deciding them simply because they are controversial. We need not and do not answer the broader question in this case, however, because California had already extended to committed same-sex couples both the incidents of marriage and the official designation of 'marriage,' and Proposition 8's only effect was to take away that important and legally significant designation, while leaving in place all of its incidents. This unique and strictly limited effect of Proposition 8 allows us to address the amendment's constitutionality on narrow grounds.\u003c/p>\n\u003cp>Thus, as a result of our \"traditional\" reluctance to extend constitutional interpretations to situations or facts which are not before the Court, much of the excellent research and detailed argument presented in th[is] case[ ] is unnecessary to [its] disposition.\" Were we unable, however, to resolve the matter on the basis we do, we would not hesitate to process to the broader question--the constitutionality of denying same-sex couples the right to marry.\u003c/p>\n\u003c/blockquote>\n\u003cp>The Wall Street Journal has also \u003ca href=\"http://blogs.wsj.com/law/2012/02/07/ninth-circuit-california-gay-marriage-ban-is-unconstitutional/\">pulled a few interesting passages\u003c/a>, including this rather entertaining extract: \u003c/p>\n\u003cblockquote>\u003cp>Had Marilyn Monroe’s film been called How to Register a Domestic Partnership with a Millionaire, it would not have conveyed the same meaning as did her famous movie, even though the underlying drama for same-sex couples is no different.\u003c/p>\u003c/blockquote>\n\u003cp>And this related to Prop 8 supporters' motion that Judge Vaughn Walker's original decision be nullified because Walker is himself in a long-term, same-sex relationship:\u003c/p>\n\u003cblockquote>\u003cp> Finally, we address Proponents’ motion to vacate the district court’s judgment. On April 6, 2011, after resigning from the bench, former Chief Judge Walker disclosed he was gay and that he had for the past ten years been in a relationship with another man. Proponents moved shortly thereafter to vacate the judgment on the basis that 28 U.S.C. Sec. 455(b)(4) obligated Chief Judge Walker to recuse himself, because he had an “interest that could be substantially affected by the outcome of the proceeding,” and that 28 U.S.C. Sec. 455(a) obligated him either to recuse himself or to disclose his potential conflict, because his “impartiality might reasonably be questioned.” . . .\u003c/p>\n\u003cp> The district court properly held that . . . Chief Judge Walker had no obligation to recuse himself . . . As Chief Judge Ware explained, the fact that a judge “could be affected by the outcome of a proceeding, in the same way that other members of the general public would be affected, is not a basis for either recusal or disqualification . . . “ Nor could it possibly be “reasonable to presume,” . . . “that a judge is incapable of making an impartial decision about the constitutionality of a law, solely because, as a citizen, the judge could be affected by the proceeding.” . . . To hold otherwise would demonstrate a lack of respect for the integrity of our federal courts.”\u003c/p>\u003c/blockquote>\n\u003cp>And more \u003ca href=\"http://www.washingtonpost.com/national/excerpts-from-the-ruling-declaring-californias-same-sex-marriage-ban-to-be-unconstitutional/2012/02/07/gIQAfELvwQ_story.html\">excerpts from AP\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>By emphasizing Proposition 8’s limited effect, we do not mean to minimize the harm that this change in the law caused to same-sex couples and their families. To the contrary, we emphasize the extraordinary significance of the official designation of ‘marriage.’ That designation is important because ‘marriage’ is the name that society gives to the relationship that matters most between two adults. A rose by any other name may smell as sweet, but to the couple desiring to enter into a committed lifelong relationship, a marriage by the name of ‘registered domestic partnership’ does not.”\u003c/p>\u003c/blockquote>\n\u003cp>plus this...\u003c/p>\n\u003cblockquote>\u003cp>It is implausible to think that denying two men or two women the right to call themselves married could somehow bolster the stability of families headed by one man and one woman.\u003c/p>\u003c/blockquote>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>[ad floatright]\u003c/p>\n",
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"description": "Here is today's full Appeals Court decision upholding Judge Vaughn Walker's decision to strike down Proposition 8, California's same-sex marriage ban. Ninth Circuit Prop. 8 decision The first few passages summarize the findings and also speak to the narrowness of the ruling, which did not address "whether under the Constitution same-sex couples may ever be",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Here is \u003ca href=\"http://www.scribd.com/doc/80809524/Ninth-Circuit-Prop-8-decision\">today's full Appeals Court decision\u003c/a> upholding Judge Vaughn Walker's decision to strike down Proposition 8, California's same-sex marriage ban.\u003c/p>\n\u003cp>\u003ca title=\"View Ninth Circuit Prop. 8 decision on Scribd\" href=\"http://www.scribd.com/doc/80809524/Ninth-Circuit-Prop-8-decision\">Ninth Circuit Prop. 8 decision\u003c/a>\u003ciframe src=\"http://www.scribd.com/embeds/80809524/content?start_page=1&view_mode=list&access_key=key-50ouzjzre6bsg062onq\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\u003cp>The first few passages summarize the findings and also speak to the narrowness of the ruling, which did not address \"whether under the Constitution same-sex couples may ever be denied the right to marry.\" \u003c/p>\n\u003cblockquote>\u003cp>Although the Constitution permits communities to enact most laws they believe to be desirable, it requires that there be at least a legitimate reason for the passage of a law that treats different classes of people differently. There was no such reason that Proposition 8 could have been enacted. Because under California statutory law, same-sex couples had all the rights of opposite-sex couples, regardless of their marital status, all parties agree that Proposition 8 had one effect only. It stripped same-sex couples of the ability they previously possessed to obtain from the State, or any other authorized party, an important right--the right to obtain and use the designation of 'marriage' to describe their relationships. Nothing more, nothing less. Proposition 8 therefore could not have been enacted to advance California's interests in child-rearing or responsible procreation, for it had no effect on the rights of same-sex couples to raise children or on the procreative practices of other couples. Nor did Proposition 8 have any effect on religious freedom or on parents' rights to control their children's education; it could not have been enacted to safeguard these liberties.\u003c/p>\n\u003cp>All that Proposition 8 accomplished was to take away from the same-sex couples the right to be granted marriage licenses and thus legally to use the designation of 'marriage', which symbolizes state legitimization and societal recognition of their committed relationships. Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples. The Constitution simply does not allow for \"laws of this sort.\" Romer v. Evans, 517 U.S. 620, 633 \u003c/p>\n\u003cp>Broader issues have been urged for our consideration, but we adhere to the principle of deciding constitutional questions only in the context of the particular case before the Court,\" \u003ca href=\"http://www.law.cornell.edu/supct/html/historics/USSC_CR_0339_0629_ZS.html\">Sweatt v. Painter\u003c/a>, 339 U.S. 629, 631 (1950). Whether under the Constitution same-sex couples may ever be denied the right to marry, a right that has long been enjoyed by opposite-sex couples, is an important and highly controversial question. It is currently a matter of great debate in our nation, and an issue over which people of good will may disagree, sometimes strongly. Of course, when questions of constitutional law are necessary to the resolution of a case, courts may not and should not abstain from deciding them simply because they are controversial. We need not and do not answer the broader question in this case, however, because California had already extended to committed same-sex couples both the incidents of marriage and the official designation of 'marriage,' and Proposition 8's only effect was to take away that important and legally significant designation, while leaving in place all of its incidents. This unique and strictly limited effect of Proposition 8 allows us to address the amendment's constitutionality on narrow grounds.\u003c/p>\n\u003cp>Thus, as a result of our \"traditional\" reluctance to extend constitutional interpretations to situations or facts which are not before the Court, much of the excellent research and detailed argument presented in th[is] case[ ] is unnecessary to [its] disposition.\" Were we unable, however, to resolve the matter on the basis we do, we would not hesitate to process to the broader question--the constitutionality of denying same-sex couples the right to marry.\u003c/p>\n\u003c/blockquote>\n\u003cp>The Wall Street Journal has also \u003ca href=\"http://blogs.wsj.com/law/2012/02/07/ninth-circuit-california-gay-marriage-ban-is-unconstitutional/\">pulled a few interesting passages\u003c/a>, including this rather entertaining extract: \u003c/p>\n\u003cblockquote>\u003cp>Had Marilyn Monroe’s film been called How to Register a Domestic Partnership with a Millionaire, it would not have conveyed the same meaning as did her famous movie, even though the underlying drama for same-sex couples is no different.\u003c/p>\u003c/blockquote>\n\u003cp>And this related to Prop 8 supporters' motion that Judge Vaughn Walker's original decision be nullified because Walker is himself in a long-term, same-sex relationship:\u003c/p>\n\u003cblockquote>\u003cp> Finally, we address Proponents’ motion to vacate the district court’s judgment. On April 6, 2011, after resigning from the bench, former Chief Judge Walker disclosed he was gay and that he had for the past ten years been in a relationship with another man. Proponents moved shortly thereafter to vacate the judgment on the basis that 28 U.S.C. Sec. 455(b)(4) obligated Chief Judge Walker to recuse himself, because he had an “interest that could be substantially affected by the outcome of the proceeding,” and that 28 U.S.C. Sec. 455(a) obligated him either to recuse himself or to disclose his potential conflict, because his “impartiality might reasonably be questioned.” . . .\u003c/p>\n\u003cp> The district court properly held that . . . Chief Judge Walker had no obligation to recuse himself . . . As Chief Judge Ware explained, the fact that a judge “could be affected by the outcome of a proceeding, in the same way that other members of the general public would be affected, is not a basis for either recusal or disqualification . . . “ Nor could it possibly be “reasonable to presume,” . . . “that a judge is incapable of making an impartial decision about the constitutionality of a law, solely because, as a citizen, the judge could be affected by the proceeding.” . . . To hold otherwise would demonstrate a lack of respect for the integrity of our federal courts.”\u003c/p>\u003c/blockquote>\n\u003cp>And more \u003ca href=\"http://www.washingtonpost.com/national/excerpts-from-the-ruling-declaring-californias-same-sex-marriage-ban-to-be-unconstitutional/2012/02/07/gIQAfELvwQ_story.html\">excerpts from AP\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>By emphasizing Proposition 8’s limited effect, we do not mean to minimize the harm that this change in the law caused to same-sex couples and their families. To the contrary, we emphasize the extraordinary significance of the official designation of ‘marriage.’ That designation is important because ‘marriage’ is the name that society gives to the relationship that matters most between two adults. A rose by any other name may smell as sweet, but to the couple desiring to enter into a committed lifelong relationship, a marriage by the name of ‘registered domestic partnership’ does not.”\u003c/p>\u003c/blockquote>\n\u003cp>plus this...\u003c/p>\n\u003cblockquote>\u003cp>It is implausible to think that denying two men or two women the right to call themselves married could somehow bolster the stability of families headed by one man and one woman.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\u003c/div>",
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},
"closealltabs": {
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"info": "\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />",
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"id": "commonwealth-club",
"title": "Commonwealth Club of California Podcast",
"info": "The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.",
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"source": "Commonwealth Club of California"
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"order": 9
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"meta": {
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"source": "WNYC"
},
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"id": "fresh-air",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=214089682&at=11l79Y&ct=nprdirectory",
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"hidden-brain": {
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"airtime": "SUN 7pm-8pm",
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"source": "NPR"
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"info": "Guy Raz dives into the stories behind some of the world's best known companies. How I Built This weaves a narrative journey about innovators, entrepreneurs and idealists—and the movements they built.",
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"airtime": "SUN 7:30pm-8pm",
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"link": "/radio/program/how-i-built-this",
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"hyphenacion": {
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"tagline": "Where conversation and cultura meet",
"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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"order": 15
},
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"jerrybrown": {
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"title": "The Political Mind of Jerry Brown",
"tagline": "Lessons from a lifetime in politics",
"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-Political-Mind-of-Jerry-Brown-Podcast-Tile-703x703-1.jpg",
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"officialWebsiteLink": "/podcasts/jerrybrown",
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"order": 18
},
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},
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"id": "latino-usa",
"title": "Latino USA",
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"info": "Latino USA, the radio journal of news and culture, is the only national, English-language radio program produced from a Latino perspective.",
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"officialWebsiteLink": "http://latinousa.org/",
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"link": "/radio/program/latino-usa",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=79681317&at=11l79Y&ct=nprdirectory",
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"rss": "https://feeds.npr.org/510016/podcast.xml"
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},
"marketplace": {
"id": "marketplace",
"title": "Marketplace",
"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.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Marketplace-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.marketplace.org/",
"meta": {
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"source": "American Public Media"
},
"link": "/radio/program/marketplace",
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},
"masters-of-scale": {
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"title": "Masters of Scale",
"info": "Masters of Scale is an original podcast in which LinkedIn co-founder and Greylock Partner Reid Hoffman sets out to describe and prove theories that explain how great entrepreneurs take their companies from zero to a gazillion in ingenious fashion.",
"airtime": "Every other Wednesday June 12 through October 16 at 8pm (repeats Thursdays at 2am)",
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"meta": {
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"rss": "https://rss.art19.com/masters-of-scale"
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},
"mindshift": {
"id": "mindshift",
"title": "MindShift",
"tagline": "A podcast about the future of learning and how we raise our kids",
"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>",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED MindShift: How We Will Learn",
"officialWebsiteLink": "/mindshift/",
"meta": {
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"source": "kqed",
"order": 12
},
"link": "/podcasts/mindshift",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
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},
"morning-edition": {
"id": "morning-edition",
"title": "Morning Edition",
"info": "\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.",
"airtime": "MON-FRI 3am-9am",
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"onourwatch": {
"id": "onourwatch",
"title": "On Our Watch",
"tagline": "Deeply-reported investigative journalism",
"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?",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/On-Our-Watch-Podcast-Tile-703x703-1.jpg",
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"officialWebsiteLink": "/podcasts/onourwatch",
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"source": "kqed",
"order": 11
},
"link": "/podcasts/onourwatch",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM2MC9wb2RjYXN0LnhtbD9zYz1nb29nbGVwb2RjYXN0cw",
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},
"on-the-media": {
"id": "on-the-media",
"title": "On The Media",
"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
"airtime": "SUN 2pm-3pm, MON 12am-1am",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/onTheMedia.png",
"officialWebsiteLink": "https://www.wnycstudios.org/shows/otm",
"meta": {
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"source": "wnyc"
},
"link": "/radio/program/on-the-media",
"subscribe": {
"apple": "https://itunes.apple.com/us/podcast/on-the-media/id73330715?mt=2",
"tuneIn": "https://tunein.com/radio/On-the-Media-p69/",
"rss": "http://feeds.wnyc.org/onthemedia"
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},
"pbs-newshour": {
"id": "pbs-newshour",
"title": "PBS NewsHour",
"info": "Analysis, background reports and updates from the PBS NewsHour putting today's news in context.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/PBS-News-Hour-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.pbs.org/newshour/",
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},
"link": "/radio/program/pbs-newshour",
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"apple": "https://itunes.apple.com/us/podcast/pbs-newshour-full-show/id394432287?mt=2",
"tuneIn": "https://tunein.com/radio/PBS-NewsHour---Full-Show-p425698/",
"rss": "https://www.pbs.org/newshour/feeds/rss/podcasts/show"
}
},
"perspectives": {
"id": "perspectives",
"title": "Perspectives",
"tagline": "KQED's series of daily listener commentaries since 1991",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2025/01/Perspectives_Tile_Final.jpg",
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"officialWebsiteLink": "/perspectives/",
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"source": "kqed",
"order": 14
},
"link": "/perspectives",
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},
"planet-money": {
"id": "planet-money",
"title": "Planet Money",
"info": "The economy explained. Imagine you could call up a friend and say, Meet me at the bar and tell me what's going on with the economy. Now imagine that's actually a fun evening.",
"airtime": "SUN 3pm-4pm",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/planetmoney.jpg",
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"meta": {
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"source": "npr"
},
"link": "/radio/program/planet-money",
"subscribe": {
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"apple": "https://itunes.apple.com/us/podcast/planet-money/id290783428?mt=2",
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