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"content": "\u003cp>OAKLAND (BCN) A proposal to ban hammers, wrenches, shields, sling shots, paint projectiles and other potentially destructive items at protests will be considered by the Oakland City Council at its meeting on Tuesday night.\u003c/p>\n\u003cfigure id=\"attachment_104835\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003cimg class=\"size-medium wp-image-104835 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/oaklandcleanup.jpg-300x225.jpg\" alt=\"Cleanup in downtown Oakland July 15 after angry protests over the acquittal of George Zimmerman in the Trayvon Martin shooting (Francesca Segre/KQED)\" width=\"300\" height=\"225\">\u003cfigcaption class=\"wp-caption-text\">Cleanup in downtown Oakland July 15 after angry protests over the acquittal of George Zimmerman in the Trayvon Martin shooting (Francesca Segre/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The ordinance prohibiting so-called \"tools of violence and vandalism\" during a demonstration is being proposed by Councilman Noel Gallo, who said in a letter to his colleagues that it's designed to counter violence that occurred during recent protests against the acquittal of George Zimmerman in the fatal shooting of Trayvon Martin in Florida.\u003c/p>\n\u003cp>Gallo said the damage to businesses in downtown Oakland and the adjacent Chinatown district included broken windows, graffiti and arson. In addition, a waiter at the restaurant Flora was hit in the face with a hammer, he said.\u003c/p>\n\u003cp>Gallo said the ordinance is needed because \"the Oakland Police Department needs additional tools to help protect life and property in our city.\"\u003c/p>\n\u003cp>Referring to the violence that occurred in the recent protests, Gallo said, \"This behavior is unacceptable and needs to stop. There have been demonstrations all over the country in response to the verdict in the George Zimmerman case, yet no other city has experienced the level of violence and destruction that we have experienced here in Oakland.\" \u003c!--more-->Gallo said on Friday, \"I want to give our Police Department the tools it needs to stop violence before it happens instead of waiting until afterward, when it's too late.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>He said, \"We have to be proactive\" and he believes that police will be able to recognize \"who's about to do something different\" than peacefully protest.\u003c/p>\n\u003cp>The ordinance is based in part on a proposed ordinance drafted by Oakland City Attorney and Councilwoman Pat Kernighan in May 2012 that was aimed at countering tactics by some people who participated in Occupy Oakland protests.\u003c/p>\n\u003cp>But that proposal was dropped after Occupy Oakland protesters disrupted a Public Safety Committee hearing and said the proposal was a violation of their right to free speech.\u003c/p>\n\u003cp>American Civil Liberties Union attorney Michael Risher said on Friday that Gallo's ordinance is more narrowly drafted than the 2012 proposal and appears to be constitutional but he still has concerns about it.\u003c/p>\n\u003cp>Risher said, \"I appreciate that the City Council wants to make demonstrations safe, but they should look at both sides of the equation and realize that there are more protesters who are injured by the police during protests than there are officers who are injured by protesters.\"\u003c/p>\n\u003cp>He said the ordinance's definition of banned shields as metal sheets more than 24 inches wide that are \"designed to provide impact protection for the holder\" appears to be reasonable.\u003c/p>\n\u003cp>But Risher said the fact that some protesters appear to feel that they need to carry shields to protect themselves from Oakland police during protests \"is emblematic of a much bigger problem,\" which is the department's reputation for overreacting to demonstrators.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Risher said the City Council shouldn't use the ordinance \"as a reason not to address police violence at demonstrations and other incidents.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>OAKLAND (BCN) A proposal to ban hammers, wrenches, shields, sling shots, paint projectiles and other potentially destructive items at protests will be considered by the Oakland City Council at its meeting on Tuesday night.\u003c/p>\n\u003cfigure id=\"attachment_104835\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003cimg class=\"size-medium wp-image-104835 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/oaklandcleanup.jpg-300x225.jpg\" alt=\"Cleanup in downtown Oakland July 15 after angry protests over the acquittal of George Zimmerman in the Trayvon Martin shooting (Francesca Segre/KQED)\" width=\"300\" height=\"225\">\u003cfigcaption class=\"wp-caption-text\">Cleanup in downtown Oakland July 15 after angry protests over the acquittal of George Zimmerman in the Trayvon Martin shooting (Francesca Segre/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The ordinance prohibiting so-called \"tools of violence and vandalism\" during a demonstration is being proposed by Councilman Noel Gallo, who said in a letter to his colleagues that it's designed to counter violence that occurred during recent protests against the acquittal of George Zimmerman in the fatal shooting of Trayvon Martin in Florida.\u003c/p>\n\u003cp>Gallo said the damage to businesses in downtown Oakland and the adjacent Chinatown district included broken windows, graffiti and arson. In addition, a waiter at the restaurant Flora was hit in the face with a hammer, he said.\u003c/p>\n\u003cp>Gallo said the ordinance is needed because \"the Oakland Police Department needs additional tools to help protect life and property in our city.\"\u003c/p>\n\u003cp>Referring to the violence that occurred in the recent protests, Gallo said, \"This behavior is unacceptable and needs to stop. There have been demonstrations all over the country in response to the verdict in the George Zimmerman case, yet no other city has experienced the level of violence and destruction that we have experienced here in Oakland.\" \u003c!--more-->Gallo said on Friday, \"I want to give our Police Department the tools it needs to stop violence before it happens instead of waiting until afterward, when it's too late.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He said, \"We have to be proactive\" and he believes that police will be able to recognize \"who's about to do something different\" than peacefully protest.\u003c/p>\n\u003cp>The ordinance is based in part on a proposed ordinance drafted by Oakland City Attorney and Councilwoman Pat Kernighan in May 2012 that was aimed at countering tactics by some people who participated in Occupy Oakland protests.\u003c/p>\n\u003cp>But that proposal was dropped after Occupy Oakland protesters disrupted a Public Safety Committee hearing and said the proposal was a violation of their right to free speech.\u003c/p>\n\u003cp>American Civil Liberties Union attorney Michael Risher said on Friday that Gallo's ordinance is more narrowly drafted than the 2012 proposal and appears to be constitutional but he still has concerns about it.\u003c/p>\n\u003cp>Risher said, \"I appreciate that the City Council wants to make demonstrations safe, but they should look at both sides of the equation and realize that there are more protesters who are injured by the police during protests than there are officers who are injured by protesters.\"\u003c/p>\n\u003cp>He said the ordinance's definition of banned shields as metal sheets more than 24 inches wide that are \"designed to provide impact protection for the holder\" appears to be reasonable.\u003c/p>\n\u003cp>But Risher said the fact that some protesters appear to feel that they need to carry shields to protect themselves from Oakland police during protests \"is emblematic of a much bigger problem,\" which is the department's reputation for overreacting to demonstrators.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Risher said the City Council shouldn't use the ordinance \"as a reason not to address police violence at demonstrations and other incidents.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "News Pix: New BART Cars, Vietnamese Protest and Berkeley's 'Art Attack'",
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"content": "\u003cp>\u003cimg class=\"aligncenter size-full wp-image-104721\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/new-BART-cars.jpg\" alt=\"new BART cars\" width=\"640\" height=\"450\">\u003cbr>\nBART \u003ca href=\"http://ww2.kqed.org/news/2013/07/23/new_bart_cars\">showcased its new cars\u003c/a> this week, scheduled to go into service in 2017. David Jaeger, carrying his son Nico, particularly likes the new bike racks. The mock train car was on display in the MacArthur BART station for riders to explore and give feedback. (Deborah Svoboda / KQED)\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-104722\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/vietnamese-protest.jpg\" alt=\"vietnamese protest\" width=\"640\" height=\"450\">\u003cbr>\nMembers of the Vietnamese-American community marched to Vietnam's Consulate to protest \u003ca href=\"http://ww2.kqed.org/news/2013/07/25/104645/-vietnam-president-truong-kqed-newsrrom-thuy-vu\">Vietnam's President Truong Tan Sang's meeting\u003c/a> with President Obama in Washington, D.C. on July 25. Approximately 200 protesters stood opposite the consulate chanting, while some attempted to enter and were turned away. Many Vietnamese-Americans still feel bitter about losing their homeland to a regime that they view as corrupt and abusive. (Deborah Svoboda / KQED)\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-104723\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/PhotoWeek130726steps.jpg\" alt=\"PhotoWeek130726steps\" width=\"640\" height=\"450\">\u003cbr>\nBerkeley residents were surprised and delighted to discover that their city was \u003ca href=\"http://www.berkeleyside.com/2013/07/23/kids-art-attack-berkeley-with-westside-studios-camp/\">\"art-attacked\u003c/a>.\" These chalk drawings covered the stairs leading to the Marin Circle. Other \"attacks\" included poems and collages found tucked under windshield wipers, and Andy Goldsworthy-style nature installations at Albany Bulb. They were created by campers, all aged under 10, at the Westside Studio summer art camp. (Deborah Durant / \u003ca href=\"http://www.berkeleyside.com/\">Berkeleyside\u003c/a>)\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-104730\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/PhotoWeek130726garden.jpg\" alt=\"PhotoWeek130726garden\" width=\"640\" height=\"450\">\u003cbr>\n\u003ca href=\"http://www.berkeleyside.com/2013/07/26/green-skies-vertical-farm-brings-farming-to-berkeley/\">Green Skies Vertical Farm\u003c/a> on Channing and 5th Street in Berkeley is even more hyperlocal than a farmer's market. The food is grown, harvested and sold from the same spot, a once-vacant lot that is now home to stacked planters full of strawberries, lettuce, tomatoes and dozens of other edible plants. Shoppers can peruse the produce when it’s still in the ground, taste fruits right off the plant and pick exactly what they need – so there’s no waste. (Eden Teller / \u003ca href=\"http://www.berkeleyside.com/\">Berkeleyside\u003c/a>)\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-104724\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/flower-stand.jpg\" alt=\"flower stand\" width=\"640\" height=\"449\">\u003cbr>\nIt's not just commuters who would be affected by another strike. A lot of \u003ca href=\"http://ww2.kqed.org/news/2013/07/25/104685/bart-strike-update-small-businesses\">small businesses also rely on BART\u003c/a>. Eva Liang's flower shop at the Montgomery BART Station in San Francisco took a hit when BART workers went on strike earlier this month and Liang is worried about the possibility of another strike if no agreement is reached by August 4. “We totally closed because it's empty, zero customers,” she said.\u003c/p>\n\n",
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"content": "\u003cfigure id=\"attachment_104716\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/07/25/104667/rs3330_occupyprssr_110911-2/\" rel=\"attachment wp-att-104716\">\u003cimg class=\"size-medium wp-image-104716 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/RS3330_OccupyPrssr_1109111-300x225.jpg\" alt=\"At a press conference in 2011 by four Oakland City Council members including Desley Brooks, Occupy Oakland protesters shouted down speakers, effectively ending the event. (Kelly Wilkinson/KQED)\" width=\"300\" height=\"225\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">At a press conference in 2011 by four Oakland City Council members including Desley Brooks, Occupy Oakland protesters shouted down speakers, effectively ending the event. (Kelly Wilkinson/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update:\u003c/strong> The Oakland City Council voted Thursday night \u003cem>not\u003c/em> to censure Councilwoman Desley Brooks for alleged ethical violations in establishing a teen center.\u003c/p>\n\u003cp>\u003cstrong>OAKLAND (Bay City News) \u003c/strong>The Oakland City Council will hold a hearing tonight on a motion to censure Councilwoman Desley Brooks for allegedly\u003ca href=\"http://ww2.kqed.org/news/2013/03/22/oakland-city-council-members-face-interference-charges/\"> interfering\u003c/a> with the construction and operation of two city recreation centers in her district in East Oakland.\u003c/p>\n\u003cp>A letter that City Council President Patricia Kernighan wrote to the council recommending that Brooks be censured cites a recent Alameda County civil grand jury report that found that city contracting, purchasing and hiring rules were circumvented for the teen center projects.\u003c/p>\n\u003cp>Kernighan said Brooks personally hired staff to work in the centers and paid them from her City Council office budget for many months before another source of funding was found.\u003c/p>\n\u003cp>\"Her hiring of staff was in violation of the city charter, which requires that city staff for city operated recreation centers, and almost all other city jobs, must be hired through the civil service system,\" Kernighan said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In addition, Kernighan said, the staff started working for the teen centers before they had been fingerprinted and had background checks completed, as is required by law.\u003c/p>\n\u003cp>\"In order to maintain public trust in the integrity of city government, I believe it is incumbent upon the City Council to publicly take a position on council member misconduct that violates the city charter and council code of conduct when that misconduct has become known and has been well-documented,\" Kernighan wrote.\u003c/p>\n\u003cp>Brooks couldn't be reached for comment this morning.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The council meeting is scheduled to begin at 6:30 p.m. today in City Council chambers at 1 Frank Ogawa Plaza.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In addition, Kernighan said, the staff started working for the teen centers before they had been fingerprinted and had background checks completed, as is required by law.\u003c/p>\n\u003cp>\"In order to maintain public trust in the integrity of city government, I believe it is incumbent upon the City Council to publicly take a position on council member misconduct that violates the city charter and council code of conduct when that misconduct has become known and has been well-documented,\" Kernighan wrote.\u003c/p>\n\u003cp>Brooks couldn't be reached for comment this morning.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The council meeting is scheduled to begin at 6:30 p.m. today in City Council chambers at 1 Frank Ogawa Plaza.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cfigure id=\"attachment_69484\" class=\"wp-caption alignleft\" style=\"max-width: 251px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/07/jerry-brown.jpg\">\u003cimg class=\"size-full wp-image-69484\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/07/jerry-brown.jpg\" alt=\"FILE PHOTO: Gov. Jerry Brown (Getty Images)\" width=\"251\" height=\"251\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">FILE PHOTO: Gov. Jerry Brown (Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>Gov. Jerry Brown continues to roll right along, at least in terms of public opinion, according to a Field Poll released today. In a June 26-July 21 survey of 1,687 registered voters in California, 51 percent approve of \"the way Jerry Brown is handling his job as Governor of California.\" Thirty-three percent disapprove. Brown's approval rating is down from 57 percent earlier this year, but still higher than at any other point in his current governorship.\u003c/p>\n\u003cp>Perhaps of more interest, the poll found that 43 percent of voters are \"inclined to vote to re-elect Brown as governor\" next year, as opposed to 38 percent who are not.\u003c/p>\n\u003cp>Only 21 percent of Republicans support Brown for re-election, but that's no biggie in California -- just 29 percent of voters are registered Republican in the state. Fifty-seven percent of Democrats support Brown's re-election. Independents support a second Brown term by 44 to 35 percent.\u003c/p>\n\u003cp>Brown has not announced yet if he will run. \u003c!--more-->The poll had a margin of error of +/- 3.5 percent.\u003c/p>\n\u003cp>You'll see below that Brown's approval got a big bump between October and February. In November, voters passed his Proposition 30, which raised taxes. The revenue that's bringing in, along with California's recovery from the financial crisis, helped lead to a budget surplus after years of multi-billion dollar deficits and severe cuts in service.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp style=\"margin: 12px auto 6px auto;font-family: Helvetica,Arial,Sans-serif;font-style: normal;font-variant: normal;font-weight: normal;font-size: 14px;line-height: normal\">\u003ca title=\"View Field Poll: Jerry Brown Approval on Scribd\" href=\"http://www.scribd.com/doc/155716088/Field-Poll-Jerry-Brown-Approval\">Field Poll: Jerry Brown Approval\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe src=\"http://www.scribd.com/embeds/155716088/content?start_page=1&view_mode=scroll&access_key=key-44qt6triijuec2eus6h&show_recommendations=true\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_69484\" class=\"wp-caption alignleft\" style=\"max-width: 251px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/07/jerry-brown.jpg\">\u003cimg class=\"size-full wp-image-69484\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/07/jerry-brown.jpg\" alt=\"FILE PHOTO: Gov. Jerry Brown (Getty Images)\" width=\"251\" height=\"251\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">FILE PHOTO: Gov. Jerry Brown (Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>Gov. Jerry Brown continues to roll right along, at least in terms of public opinion, according to a Field Poll released today. In a June 26-July 21 survey of 1,687 registered voters in California, 51 percent approve of \"the way Jerry Brown is handling his job as Governor of California.\" Thirty-three percent disapprove. Brown's approval rating is down from 57 percent earlier this year, but still higher than at any other point in his current governorship.\u003c/p>\n\u003cp>Perhaps of more interest, the poll found that 43 percent of voters are \"inclined to vote to re-elect Brown as governor\" next year, as opposed to 38 percent who are not.\u003c/p>\n\u003cp>Only 21 percent of Republicans support Brown for re-election, but that's no biggie in California -- just 29 percent of voters are registered Republican in the state. Fifty-seven percent of Democrats support Brown's re-election. Independents support a second Brown term by 44 to 35 percent.\u003c/p>\n\u003cp>Brown has not announced yet if he will run. \u003c!--more-->The poll had a margin of error of +/- 3.5 percent.\u003c/p>\n\u003cp>You'll see below that Brown's approval got a big bump between October and February. In November, voters passed his Proposition 30, which raised taxes. The revenue that's bringing in, along with California's recovery from the financial crisis, helped lead to a budget surplus after years of multi-billion dollar deficits and severe cuts in service.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Yahoo Asks Secretive Court to Declassify its Opposition to Data Collection",
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"content": "\u003cfigure id=\"attachment_99672\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/06/12/NSA/nsa-jpg/\" rel=\"attachment wp-att-99672\">\u003cimg class=\"size-medium wp-image-99672 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/NSA.jpg-300x240.jpg\" alt=\"NSA headquarters in Fort Meade, Maryland. (NSA vis Getty Images)\" width=\"300\" height=\"240\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">NSA headquarters in Fort Meade, Maryland. (NSA vis Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The San Jose Mercury News\u003ca href=\"http://www.mercurynews.com/business/ci_23640324/exclusive-yahoo-seeks-reveal-its-fight-against-nsa\"> reports\u003c/a> that Yahoo is asking the secretive Foreign Intelligence Surveillance Court to let the public see its arguments in a 2008 case that the government used to persuade tech companies to cooperate with its massive data-gathering efforts.\u003c/p>\n\u003cp>Yahoo joins a growing list of parties demanding greater transparency over the government's secret data-collection programs, including that known as Prism, revealed last month by former National Security Agency contractor Edward Snowden.\u003c/p>\n\u003cp>\u003ca href=\"http://www.washingtonpost.com/business/technology/google-challenges-us-gag-order-citing-first-amendment/2013/06/18/96835c72-d832-11e2-a9f2-42ee3912ae0e_story.html\">Google \u003c/a>and \u003ca href=\"http://www.washingtonpost.com/business/technology/the-circuit-microsoft-follows-google-with-motion-to-publish-data-aereo-sets-sights-on-chicago-spectrum-hearing-in-the-house/2013/06/27/f188fa8e-df3d-11e2-963a-72d740e88c12_story.html\">Microsoft \u003c/a>have both challenged gag orders that prevent them from disclosing what data they are forced to give the government under Prism.\u003c/p>\n\u003cp>And in a related \u003ca href=\"http://www.washingtonpost.com/business/technology/legal-battle-over-nsa-surveillance-grows/2013/07/08/6be1ad94-e808-11e2-aa9f-c03a72e2d342_story.html\">development\u003c/a> earlier this week, the Electronic Privacy Information Committee (EPIC) \u003ca href=\"http://epic.org/EPIC-FISC-Mandamus-Petition.pdf\">filed a complaint with the Supreme Court\u003c/a> questioning whether the Foreign Intelligence Surveillance Court had the authority to order Verizon to turn over data from domestic phone records.\u003c!--more-->\u003c/p>\n\u003cp>In its filing, Yahoo says its 2008 arguments would demonstrate that the company \"objected strenuously\" to government demands for customers' information and that they would also help the public understand how surveillance programs are approved under federal law.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Under federal law, the court's ruling and the arguments by Yahoo and other companies have been treated as classified information. Until last month, Yahoo was not even allowed to say it was a party in the case.\u003c/p>\n\u003cp>If Yahoo succeeds in unsealing some of the court files, legal experts say, it would be a historic development and an important step toward illuminating the arguments behind controversial Internet surveillance programs,\u003c/p>\n\u003cp>In EPIC's amicus brief filed on Monday, the ACLU, Electronic Frontier Foundation digital rights group, First Amendment Coalition and others lined up in support of Google and Microsoft with the court. In a copy of the brief obtained by \u003ca href=\"http://www.washingtonpost.com/business/technology/legal-battle-over-nsa-surveillance-grows/2013/07/08/6be1ad94-e808-11e2-aa9f-c03a72e2d342_story.html\">The Washington Post\u003c/a>, the group said that the firms have faced public criticism for disclosing data to the government and that it is “antithetical to the First Amendment to restrict the ability of a person to mount a defense against public accusations by responding with speech setting forth the truth about one’s own actions.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>EPIC’s brief argues that this kind of order does not fall within the power granted to the court by a section of the Patriot Act that allows data sought in an order to be “relevant” to an authorized investigation.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_99672\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/06/12/NSA/nsa-jpg/\" rel=\"attachment wp-att-99672\">\u003cimg class=\"size-medium wp-image-99672 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/NSA.jpg-300x240.jpg\" alt=\"NSA headquarters in Fort Meade, Maryland. (NSA vis Getty Images)\" width=\"300\" height=\"240\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">NSA headquarters in Fort Meade, Maryland. (NSA vis Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The San Jose Mercury News\u003ca href=\"http://www.mercurynews.com/business/ci_23640324/exclusive-yahoo-seeks-reveal-its-fight-against-nsa\"> reports\u003c/a> that Yahoo is asking the secretive Foreign Intelligence Surveillance Court to let the public see its arguments in a 2008 case that the government used to persuade tech companies to cooperate with its massive data-gathering efforts.\u003c/p>\n\u003cp>Yahoo joins a growing list of parties demanding greater transparency over the government's secret data-collection programs, including that known as Prism, revealed last month by former National Security Agency contractor Edward Snowden.\u003c/p>\n\u003cp>\u003ca href=\"http://www.washingtonpost.com/business/technology/google-challenges-us-gag-order-citing-first-amendment/2013/06/18/96835c72-d832-11e2-a9f2-42ee3912ae0e_story.html\">Google \u003c/a>and \u003ca href=\"http://www.washingtonpost.com/business/technology/the-circuit-microsoft-follows-google-with-motion-to-publish-data-aereo-sets-sights-on-chicago-spectrum-hearing-in-the-house/2013/06/27/f188fa8e-df3d-11e2-963a-72d740e88c12_story.html\">Microsoft \u003c/a>have both challenged gag orders that prevent them from disclosing what data they are forced to give the government under Prism.\u003c/p>\n\u003cp>And in a related \u003ca href=\"http://www.washingtonpost.com/business/technology/legal-battle-over-nsa-surveillance-grows/2013/07/08/6be1ad94-e808-11e2-aa9f-c03a72e2d342_story.html\">development\u003c/a> earlier this week, the Electronic Privacy Information Committee (EPIC) \u003ca href=\"http://epic.org/EPIC-FISC-Mandamus-Petition.pdf\">filed a complaint with the Supreme Court\u003c/a> questioning whether the Foreign Intelligence Surveillance Court had the authority to order Verizon to turn over data from domestic phone records.\u003c!--more-->\u003c/p>\n\u003cp>In its filing, Yahoo says its 2008 arguments would demonstrate that the company \"objected strenuously\" to government demands for customers' information and that they would also help the public understand how surveillance programs are approved under federal law.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Under federal law, the court's ruling and the arguments by Yahoo and other companies have been treated as classified information. Until last month, Yahoo was not even allowed to say it was a party in the case.\u003c/p>\n\u003cp>If Yahoo succeeds in unsealing some of the court files, legal experts say, it would be a historic development and an important step toward illuminating the arguments behind controversial Internet surveillance programs,\u003c/p>\n\u003cp>In EPIC's amicus brief filed on Monday, the ACLU, Electronic Frontier Foundation digital rights group, First Amendment Coalition and others lined up in support of Google and Microsoft with the court. In a copy of the brief obtained by \u003ca href=\"http://www.washingtonpost.com/business/technology/legal-battle-over-nsa-surveillance-grows/2013/07/08/6be1ad94-e808-11e2-aa9f-c03a72e2d342_story.html\">The Washington Post\u003c/a>, the group said that the firms have faced public criticism for disclosing data to the government and that it is “antithetical to the First Amendment to restrict the ability of a person to mount a defense against public accusations by responding with speech setting forth the truth about one’s own actions.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>EPIC’s brief argues that this kind of order does not fall within the power granted to the court by a section of the Patriot Act that allows data sought in an order to be “relevant” to an authorized investigation.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "California Considers Creating Ammunition Registry",
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"content": "\u003cp>Buying a gun is pretty tough in California. \u003ca href=\"http://ww2.kqed.org/news/2013/05/10/draft-mapping-californias-gun-background-checks/\">It will take you 10 days to go through the background check process.\u003c/a> More than 110 criminal or mental health conditions can make you a “prohibited person” who’s not allowed to buy guns. Handgun purchases are limited to one a month.\u003c/p>\n\u003cfigure id=\"attachment_87372\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003cimg class=\"size-medium wp-image-87372\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/01/guns201301141-300x200.jpg\" alt=\"(Scott Olson/Getty Images)\" width=\"300\" height=\"200\">\u003cfigcaption class=\"wp-caption-text\">(Scott Olson/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>Buying ammunition, on the other hand, is a different story. No checks, no licenses, no nothing.\u003c/p>\n\u003cp>Unless, that is, you’re buying bullets in Sacramento. California’s capital has collected information about bullet purchasers and cross-checked that data against a list of people barred from owning firearms since 2008.\u003c/p>\n\u003cp>Democrats in the state Senate have made tighter gun control a main priority this year. A big part of that plan is making people go through background checks before they buy bullets. While Sacramento’s system is a bit different from the setup \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB53&search_keywords=\">SB 53\u003c/a> would create, the capital city’s ammunition registry provides a window into how the Democrats’ plan would work.\u003c/p>\n\u003cp>To see how Sacramento’s system works, I recently bought some ammo at a store called Broadway Bait Rod & Gun. When I asked for a 100-round box of .22-caliber bullets, salesman Yee Vang pulled out a maroon binder and flipped to a blank form. He jotted down my name, birthday, driver’s license number and other information. “Whatever’s on your ID, I write that down,” Vang said. \u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>After that, I pressed my thumb into an ink pad and left a print on the document. At the end of each business day, the store types the information into a computer and forwards it to the Sacramento Police Department.\u003c/p>\n\u003cp>“This was a way to basically see who’s buying the ammo,” said Sacramento City Councilman Kevin McCarty, who authored the 2007 ordinance creating the registry. “But also, (if) we found out that prohibited people were buying the ammo, then we can go and get a search warrant, work with the local judicial system, and go and talk to those people, find out why they’re buying ammunition, if they’re really a prohibited person.”\u003c/p>\n\u003cp>Between 2008 and 2012, Sacramento police flagged nearly 400 ammunition purchasers who were barred by state or federal laws from owning guns. The information led to more than 300 arrests, and the seizure of more than 200 illegal firearms.\u003c/p>\n\u003cp>Sacramento isn’t the only city that keeps tabs on ammunition. But other cities, like Los Angeles, aren’t as proactive. L.A.’s records aren’t digitized, so police have to drive to gun stores to pick up the sales logs. Detective Richard Tompkins said the LAPD only checks out ammunition buyers on a spot-check basis. “We do it randomly, when we have time, when we have the opportunity or when we’re a little bit slow,” he said. “We’ll pick up ammo logs. And we’ll start running them from Page One through.\"\u003c/p>\n\u003cp>The city doesn’t keep stats on how many arrests are directly tied to its ammunition records, but a federal report found between 2 and 3 percent of bullets being purchased in Los Angeles are going to people who shouldn’t own them.\u003c/p>\n\u003cp>\u003cstrong>A Statewide System\u003c/strong>\u003c/p>\n\u003cfigure class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003cimg src=\"http://u.s.kqed.net/2013/07/09/Ammo300.jpg\" alt=\"\" width=\"300\" height=\"199\">\u003cfigcaption class=\"wp-caption-text\">Boxes of 9mm and .223 rifle ammuntion sit on the counter at Sportsmans Arms on April 2, 2013 in Petaluma, California. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>Now Senate Democrats are trying to create a statewide system to keep tabs on who is buying bullets. “We have pretty restrictive gun laws in California. The most progressive in the nation,” Los Angeles Democrat Kevin de León, who’s sponsoring the bill, said before the measure passed the Senate in late May. “But we do not know who’s buying and who’s selling ammunition in California. And through my perspective, it’s the fuel that feeds the violence in our state and our communities.\"\u003c/p>\n\u003cp>The bill’s details have changed several times, but the latest plan works like this: People would apply for an ammunition-purchasing license. After they pay an estimated $50 fee and go through a background check, their name would be added to a list of approved bullet buyers. When someone tries to buy ammunition at a store, the clerk would enter their information into a database. If the name comes up in the system of approved purchasers, the sale goes forward. If not, no bullets.\u003c/p>\n\u003cp>\u003cstrong>'You Can Go Right Across The River'\u003c/strong>\u003c/p>\n\u003cp>For the most part, gun rights advocates have learned to live with California’s tough gun control laws. But many are pushing back on the ammunition registry. They say the system treats people like criminals when they’re buying something that’s legal.\u003c/p>\n\u003cp>Republican state Sen. Stephen Knight raised a practical concern during the Senate’s debate on the bill: that people will just buy their bullets in other states, once all the strict regulation kicks in. “I’m all for Las Vegas making more money,” he said. “Because I’m sure the legislators in Nevada are enjoying this bill quite a bit.”\u003c/p>\n\u003cp>In fact, the city of Sacramento has faced this exact problem. All those leads the gun registry initially produced have shriveled away. While police were seizing more than 70 guns a year at first, they tracked down only about 15 illegal firearms in 2012. McCarty, on the City Council, said people barred from owning guns “figure this stuff out, too, and maybe they’re realizing that other jurisdictions who are neighboring cities don’t have such a law.”\u003c/p>\n\u003cp>But not everyone has caught on. Yee Vang at Sacramento’s Broadway Bait Rod & Gun said police show up at the store about every two months, looking for additional information about a customer who shouldn’t have purchased ammunition. The visit typically happens within 48 hours of the sale.\u003c/p>\n\u003cp>“It’s stupid how guys are felons and just come and hand me their ID and pay me 20 bucks for a box of shells,” he said. “The thing that (gets) me is you can go right across the river and buy ammo with none of this. It’s crazy.”\u003c/p>\n\u003cp>De León and the other Senate Democrats pushing California’s latest gun control package are hoping to eliminate that option later this year.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp> \u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Buying a gun is pretty tough in California. \u003ca href=\"http://ww2.kqed.org/news/2013/05/10/draft-mapping-californias-gun-background-checks/\">It will take you 10 days to go through the background check process.\u003c/a> More than 110 criminal or mental health conditions can make you a “prohibited person” who’s not allowed to buy guns. Handgun purchases are limited to one a month.\u003c/p>\n\u003cfigure id=\"attachment_87372\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003cimg class=\"size-medium wp-image-87372\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/01/guns201301141-300x200.jpg\" alt=\"(Scott Olson/Getty Images)\" width=\"300\" height=\"200\">\u003cfigcaption class=\"wp-caption-text\">(Scott Olson/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>Buying ammunition, on the other hand, is a different story. No checks, no licenses, no nothing.\u003c/p>\n\u003cp>Unless, that is, you’re buying bullets in Sacramento. California’s capital has collected information about bullet purchasers and cross-checked that data against a list of people barred from owning firearms since 2008.\u003c/p>\n\u003cp>Democrats in the state Senate have made tighter gun control a main priority this year. A big part of that plan is making people go through background checks before they buy bullets. While Sacramento’s system is a bit different from the setup \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB53&search_keywords=\">SB 53\u003c/a> would create, the capital city’s ammunition registry provides a window into how the Democrats’ plan would work.\u003c/p>\n\u003cp>To see how Sacramento’s system works, I recently bought some ammo at a store called Broadway Bait Rod & Gun. When I asked for a 100-round box of .22-caliber bullets, salesman Yee Vang pulled out a maroon binder and flipped to a blank form. He jotted down my name, birthday, driver’s license number and other information. “Whatever’s on your ID, I write that down,” Vang said. \u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>After that, I pressed my thumb into an ink pad and left a print on the document. At the end of each business day, the store types the information into a computer and forwards it to the Sacramento Police Department.\u003c/p>\n\u003cp>“This was a way to basically see who’s buying the ammo,” said Sacramento City Councilman Kevin McCarty, who authored the 2007 ordinance creating the registry. “But also, (if) we found out that prohibited people were buying the ammo, then we can go and get a search warrant, work with the local judicial system, and go and talk to those people, find out why they’re buying ammunition, if they’re really a prohibited person.”\u003c/p>\n\u003cp>Between 2008 and 2012, Sacramento police flagged nearly 400 ammunition purchasers who were barred by state or federal laws from owning guns. The information led to more than 300 arrests, and the seizure of more than 200 illegal firearms.\u003c/p>\n\u003cp>Sacramento isn’t the only city that keeps tabs on ammunition. But other cities, like Los Angeles, aren’t as proactive. L.A.’s records aren’t digitized, so police have to drive to gun stores to pick up the sales logs. Detective Richard Tompkins said the LAPD only checks out ammunition buyers on a spot-check basis. “We do it randomly, when we have time, when we have the opportunity or when we’re a little bit slow,” he said. “We’ll pick up ammo logs. And we’ll start running them from Page One through.\"\u003c/p>\n\u003cp>The city doesn’t keep stats on how many arrests are directly tied to its ammunition records, but a federal report found between 2 and 3 percent of bullets being purchased in Los Angeles are going to people who shouldn’t own them.\u003c/p>\n\u003cp>\u003cstrong>A Statewide System\u003c/strong>\u003c/p>\n\u003cfigure class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003cimg src=\"http://u.s.kqed.net/2013/07/09/Ammo300.jpg\" alt=\"\" width=\"300\" height=\"199\">\u003cfigcaption class=\"wp-caption-text\">Boxes of 9mm and .223 rifle ammuntion sit on the counter at Sportsmans Arms on April 2, 2013 in Petaluma, California. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>Now Senate Democrats are trying to create a statewide system to keep tabs on who is buying bullets. “We have pretty restrictive gun laws in California. The most progressive in the nation,” Los Angeles Democrat Kevin de León, who’s sponsoring the bill, said before the measure passed the Senate in late May. “But we do not know who’s buying and who’s selling ammunition in California. And through my perspective, it’s the fuel that feeds the violence in our state and our communities.\"\u003c/p>\n\u003cp>The bill’s details have changed several times, but the latest plan works like this: People would apply for an ammunition-purchasing license. After they pay an estimated $50 fee and go through a background check, their name would be added to a list of approved bullet buyers. When someone tries to buy ammunition at a store, the clerk would enter their information into a database. If the name comes up in the system of approved purchasers, the sale goes forward. If not, no bullets.\u003c/p>\n\u003cp>\u003cstrong>'You Can Go Right Across The River'\u003c/strong>\u003c/p>\n\u003cp>For the most part, gun rights advocates have learned to live with California’s tough gun control laws. But many are pushing back on the ammunition registry. They say the system treats people like criminals when they’re buying something that’s legal.\u003c/p>\n\u003cp>Republican state Sen. Stephen Knight raised a practical concern during the Senate’s debate on the bill: that people will just buy their bullets in other states, once all the strict regulation kicks in. “I’m all for Las Vegas making more money,” he said. “Because I’m sure the legislators in Nevada are enjoying this bill quite a bit.”\u003c/p>\n\u003cp>In fact, the city of Sacramento has faced this exact problem. All those leads the gun registry initially produced have shriveled away. While police were seizing more than 70 guns a year at first, they tracked down only about 15 illegal firearms in 2012. McCarty, on the City Council, said people barred from owning guns “figure this stuff out, too, and maybe they’re realizing that other jurisdictions who are neighboring cities don’t have such a law.”\u003c/p>\n\u003cp>But not everyone has caught on. Yee Vang at Sacramento’s Broadway Bait Rod & Gun said police show up at the store about every two months, looking for additional information about a customer who shouldn’t have purchased ammunition. The visit typically happens within 48 hours of the sale.\u003c/p>\n\u003cp>“It’s stupid how guys are felons and just come and hand me their ID and pay me 20 bucks for a box of shells,” he said. “The thing that (gets) me is you can go right across the river and buy ammo with none of this. It’s crazy.”\u003c/p>\n\u003cp>De León and the other Senate Democrats pushing California’s latest gun control package are hoping to eliminate that option later this year.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "The Treasures Living in the California State Parks Warehouse",
"title": "The Treasures Living in the California State Parks Warehouse",
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"content": "\u003cp>\u003ca href=\"http://www.kqed.org/news/openspaces/\" rel=\"attachment wp-att-111261\">\u003cimg class=\"alignright size-full wp-image-111261\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/05/hdpublicplaces-mod.jpg\" alt=\"hdpublicplaces-mod\" width=\"200\" height=\"46\">\u003c/a>Northeast of Sacramento, on a remote part of the former McClellan Air Force Base, there's a massive warehouse that holds a treasure trove of artifacts from early California -- items ranging from historic railroad ledgers to enormous Gold Rush-era freight wagons.\u003c/p>\n\u003cp>California State Parks curators Ross McGuire and Nancy Jenner, as well as State Parks Librarian Ellen Halteman, tell the stories of the items below.\u003c/p>\n\u003cp>Read and listen to the full story at \u003ca href=\"http://www.californiareport.org/archive/R201307051630/d\">The California Report Magazine\u003c/a>. (All photos by Deborah Svoboda/KQED)\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/07/03/the-treasure-that-the-calif-state-parks-are-housing/attachment/001/\" rel=\"attachment wp-att-102371\">\u003cimg class=\"alignleft size-full wp-image-102371\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/001.jpg\" alt=\"The California State Parks warehouse \" width=\"640\" height=\"427\">\u003c/a>\u003c/p>\n\u003cp>The state parks warehouse northeast of Sacramento is vast -- and crowded with an array of objects that gives it the air of a Hollywood back lot.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/07/03/the-treasure-that-the-calif-state-parks-are-housing/attachment/002/\" rel=\"attachment wp-att-102372\">\u003cimg class=\"alignleft size-full wp-image-102372\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/002.jpg\" alt=\"Historical Frieght Wagon\" width=\"640\" height=\"427\">\u003c/a>\u003c/p>\n\u003cp>According to Nancy Jenner, the parks department curator, the freight wagon on the left was donated by Charles Henry Huffman, who came to California at the start of the Gold Rush in 1848. He decided he'd make a better living hauling supplies to the mines than he would as a prospector. Huffman had this wagon built in 1855 for a cost of $2,700. He used a team of 12 mules to haul the wagon and freight to the gold fields.\u003c!--more-->\u003c/p>\n\u003cp>The wagon was donated to historic Sutter's Fort in downtown Sacramento in the 1890s. One observer wrote that \"though many museums and historical societies wanted this old freighter, Mr. Huffman believed that the one place it should go was Sutter's Fort, past which it had traveled many times.\"\u003c/p>\n\u003cp>It ended up at the fort, where it was parked outside, exposed to the elements, for decades.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/07/03/the-treasure-that-the-calif-state-parks-are-housing/attachment/004/\" rel=\"attachment wp-att-102375\">\u003cimg class=\"alignleft size-full wp-image-102375\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/004.jpg\" alt=\"Detailed Bathtub\" width=\"640\" height=\"427\">\u003c/a>\u003c/p>\n\u003cp>A bathtub that was used in the Governor's Mansion in the 1920s now sits protected in the parks warehouse.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/07/03/the-treasure-that-the-calif-state-parks-are-housing/005-3/\" rel=\"attachment wp-att-102376\">\u003cimg class=\"alignleft size-full wp-image-102376\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/005.jpg\" alt=\"Barber Chairs\" width=\"640\" height=\"427\">\u003c/a>\u003c/p>\n\u003cp>These 1860s-era wooden barber chairs feature velvet cushions. One was used at the Hotel Truckee and eventually ended up in the Sutter's Fort collection. The larger barber chair date from the 1910s to the 1940s and would have been the kind of chair used in a classic barber shop.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/07/03/the-treasure-that-the-calif-state-parks-are-housing/attachment/006/\" rel=\"attachment wp-att-102377\">\u003cimg class=\"alignleft size-full wp-image-102377\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/006.jpg\" alt=\"Dairy Equipment\" width=\"640\" height=\"427\">\u003c/a>\u003c/p>\n\u003cp>A collection of dairy canisters and distilling equipment sits on shelves. They are from a small-scale dairy farm from the late 19th or early 20th century. The state parks system includes several parks in Sonoma and Mendocino that were coastal dairies, shipping butter and cheese by ship to San Francisco, according to Ross McGuire of the parks department.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/07/03/the-treasure-that-the-calif-state-parks-are-housing/007-2/\" rel=\"attachment wp-att-102378\">\u003cimg class=\"alignleft size-full wp-image-102378\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/007.jpg\" alt=\"Railroad Ledgers\" width=\"640\" height=\"427\">\u003c/a>\u003c/p>\n\u003cp>More than 1,400 ledgers from the Southern Pacific Railroad, or subsidiary and predecessor companies, are housed in the warehouse.\u003c/p>\n\u003cp>Most are accounting records from the 19th century, but there are also records from the land and operating departments. The earliest ledger is a township tract book dated 1856 and the latest is a Southern Pacific Transportation Co. Interline Freight Account ledger from 1980, according to California State Parks librarian Ellen Halteman.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/07/03/the-treasure-that-the-calif-state-parks-are-housing/attachment/008/\" rel=\"attachment wp-att-102379\">\u003cimg class=\"alignleft size-full wp-image-102379\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/008.jpg\" alt=\"Processed Ledgers\" width=\"640\" height=\"427\">\u003c/a>\u003c/p>\n\u003cp>Some of the 1,400 railroad ledgers after they've been cataloged, cleaned, boxed and wrapped in acid-free paper.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/07/03/the-treasure-that-the-calif-state-parks-are-housing/attachment/009/\" rel=\"attachment wp-att-102380\">\u003cimg class=\"alignleft size-full wp-image-102380\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/009.jpg\" alt=\"Protecting the treasures\" width=\"640\" height=\"427\">\u003c/a>\u003c/p>\n\u003cp>This Victorian baby carriage is one of the many thousands of items that are placed on blocks of Styrofoam, strapped into stabilizing contraptions of wood and Plexiglas, and carefully housed in a concrete room with light, temperature and humidity controls. You can't stop organic materials from decaying, but you can slow the process.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/07/03/the-treasure-that-the-calif-state-parks-are-housing/attachment/010/\" rel=\"attachment wp-att-102381\">\u003cimg class=\"alignleft size-full wp-image-102381\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/010.jpg\" alt=\"Details\" width=\"640\" height=\"427\">\u003c/a>\u003c/p>\n\u003cp>This Victorian baby carriage was donated to Sutter's Fort in the 1940s by a family that had brought it from Iowa; they believed it had been in their family's possession since the 1860s. It is an example of how the fort was a repository of immigrants' heirlooms during the time it was the State Historical Museum, according to Nancy Jenner, a state parks curator.\u003c/p>\n\u003cp>A strap across this carriage appears to be the first sign of a seat belt, and the detail in the iron side rails is not something that is found nowadays.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/07/03/the-treasure-that-the-calif-state-parks-are-housing/attachment/003/\" rel=\"attachment wp-att-102374\">\u003cimg class=\"alignleft size-full wp-image-102374\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/003.jpg\" alt=\"Hearse involved in California's only Civil War conflict\" width=\"640\" height=\"427\">\u003c/a>\u003c/p>\n\u003cp>This hearse was used to smuggle a cannon into the Amador County town of Volcano during the Civil War.\u003c/p>\n\u003cp>At the request of local supporters of the Union, who called themselves the Volcano Blues, the cannon tube was obtained from the Presidio in San Francisco as surplus from the Mexican War. It was shipped to Ione, then hidden in a casket, loaded in the hearse, and smuggled into Volcano under cover of darkness. The cannon was unloaded at the blacksmith shop, next to Sibley's Brewery. The blacksmith constructed a cannon carriage for it.\u003c/p>\n\u003cp>The cannon was used in the only Civil War skirmish in Volcano.. When local Confederate sympathizers marched down the street, intent on taking possession of the next gold shipment to help fund the Southern cause, the outnumbered Volcano Blues lined up to stop them. When told to move, the Blues stepped aside, revealing the loaded cannon. That was enough to cow the would-be Confederates, and the confrontation ended without a shot being fired.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/07/03/the-treasure-that-the-calif-state-parks-are-housing/attachment/011/\" rel=\"attachment wp-att-102382\">\u003cimg class=\"alignleft size-full wp-image-102382\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/011.jpg\" alt=\"Worlds Largest Collection of Indian Baskets\" width=\"640\" height=\"427\">\u003c/a>\u003c/p>\n\u003cp>Ross McGuire stands in front of one of the largest collections of Indian baskets in the world—4,400 housed in the state parks' North Highlands warehouse.\u003c/p>\n\u003cp>Baskets that range from as tiny as a teacup to large enough for bushels of acorns are individually wrapped and filled with Styrofoam peanuts to keep them from collapsing on themselves. Each has a tag describing its provenance and location in the collection.\u003c/p>\n\u003cp>In their former home the baskets were triple-stacked and overcrowded. Here they are well spaced and take up a linear mile of metal shelving, 15 levels high.\u003c/p>\n\u003cp>Many of the baskets may have a new home in coming years, at the \u003ca title=\"California Indian Heritage Center\" href=\"http://www.parks.ca.gov/?page_id=22628\" target=\"_blank\">California Indian Heritage Center\u003c/a>, but for now they remain protected and available to loan out.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp> \u003c/p>\n\n",
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"description": "Northeast of Sacramento, on a remote part of the former McClellan Air Force Base, there's a massive warehouse that holds a treasure trove of artifacts from early California -- items ranging from historic railroad ledgers to enormous Gold Rush-era freight wagons. California State Parks curators Ross McGuire and Nancy Jenner, as well as State Parks",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"http://www.kqed.org/news/openspaces/\" rel=\"attachment wp-att-111261\">\u003cimg class=\"alignright size-full wp-image-111261\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/05/hdpublicplaces-mod.jpg\" alt=\"hdpublicplaces-mod\" width=\"200\" height=\"46\">\u003c/a>Northeast of Sacramento, on a remote part of the former McClellan Air Force Base, there's a massive warehouse that holds a treasure trove of artifacts from early California -- items ranging from historic railroad ledgers to enormous Gold Rush-era freight wagons.\u003c/p>\n\u003cp>California State Parks curators Ross McGuire and Nancy Jenner, as well as State Parks Librarian Ellen Halteman, tell the stories of the items below.\u003c/p>\n\u003cp>Read and listen to the full story at \u003ca href=\"http://www.californiareport.org/archive/R201307051630/d\">The California Report Magazine\u003c/a>. (All photos by Deborah Svoboda/KQED)\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/07/03/the-treasure-that-the-calif-state-parks-are-housing/attachment/001/\" rel=\"attachment wp-att-102371\">\u003cimg class=\"alignleft size-full wp-image-102371\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/001.jpg\" alt=\"The California State Parks warehouse \" width=\"640\" height=\"427\">\u003c/a>\u003c/p>\n\u003cp>The state parks warehouse northeast of Sacramento is vast -- and crowded with an array of objects that gives it the air of a Hollywood back lot.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/07/03/the-treasure-that-the-calif-state-parks-are-housing/attachment/002/\" rel=\"attachment wp-att-102372\">\u003cimg class=\"alignleft size-full wp-image-102372\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/002.jpg\" alt=\"Historical Frieght Wagon\" width=\"640\" height=\"427\">\u003c/a>\u003c/p>\n\u003cp>According to Nancy Jenner, the parks department curator, the freight wagon on the left was donated by Charles Henry Huffman, who came to California at the start of the Gold Rush in 1848. He decided he'd make a better living hauling supplies to the mines than he would as a prospector. Huffman had this wagon built in 1855 for a cost of $2,700. He used a team of 12 mules to haul the wagon and freight to the gold fields.\u003c!--more-->\u003c/p>\n\u003cp>The wagon was donated to historic Sutter's Fort in downtown Sacramento in the 1890s. One observer wrote that \"though many museums and historical societies wanted this old freighter, Mr. Huffman believed that the one place it should go was Sutter's Fort, past which it had traveled many times.\"\u003c/p>\n\u003cp>It ended up at the fort, where it was parked outside, exposed to the elements, for decades.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/07/03/the-treasure-that-the-calif-state-parks-are-housing/attachment/004/\" rel=\"attachment wp-att-102375\">\u003cimg class=\"alignleft size-full wp-image-102375\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/004.jpg\" alt=\"Detailed Bathtub\" width=\"640\" height=\"427\">\u003c/a>\u003c/p>\n\u003cp>A bathtub that was used in the Governor's Mansion in the 1920s now sits protected in the parks warehouse.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/07/03/the-treasure-that-the-calif-state-parks-are-housing/005-3/\" rel=\"attachment wp-att-102376\">\u003cimg class=\"alignleft size-full wp-image-102376\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/005.jpg\" alt=\"Barber Chairs\" width=\"640\" height=\"427\">\u003c/a>\u003c/p>\n\u003cp>These 1860s-era wooden barber chairs feature velvet cushions. One was used at the Hotel Truckee and eventually ended up in the Sutter's Fort collection. The larger barber chair date from the 1910s to the 1940s and would have been the kind of chair used in a classic barber shop.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/07/03/the-treasure-that-the-calif-state-parks-are-housing/attachment/006/\" rel=\"attachment wp-att-102377\">\u003cimg class=\"alignleft size-full wp-image-102377\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/006.jpg\" alt=\"Dairy Equipment\" width=\"640\" height=\"427\">\u003c/a>\u003c/p>\n\u003cp>A collection of dairy canisters and distilling equipment sits on shelves. They are from a small-scale dairy farm from the late 19th or early 20th century. The state parks system includes several parks in Sonoma and Mendocino that were coastal dairies, shipping butter and cheese by ship to San Francisco, according to Ross McGuire of the parks department.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/07/03/the-treasure-that-the-calif-state-parks-are-housing/007-2/\" rel=\"attachment wp-att-102378\">\u003cimg class=\"alignleft size-full wp-image-102378\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/007.jpg\" alt=\"Railroad Ledgers\" width=\"640\" height=\"427\">\u003c/a>\u003c/p>\n\u003cp>More than 1,400 ledgers from the Southern Pacific Railroad, or subsidiary and predecessor companies, are housed in the warehouse.\u003c/p>\n\u003cp>Most are accounting records from the 19th century, but there are also records from the land and operating departments. The earliest ledger is a township tract book dated 1856 and the latest is a Southern Pacific Transportation Co. Interline Freight Account ledger from 1980, according to California State Parks librarian Ellen Halteman.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/07/03/the-treasure-that-the-calif-state-parks-are-housing/attachment/008/\" rel=\"attachment wp-att-102379\">\u003cimg class=\"alignleft size-full wp-image-102379\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/008.jpg\" alt=\"Processed Ledgers\" width=\"640\" height=\"427\">\u003c/a>\u003c/p>\n\u003cp>Some of the 1,400 railroad ledgers after they've been cataloged, cleaned, boxed and wrapped in acid-free paper.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/07/03/the-treasure-that-the-calif-state-parks-are-housing/attachment/009/\" rel=\"attachment wp-att-102380\">\u003cimg class=\"alignleft size-full wp-image-102380\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/009.jpg\" alt=\"Protecting the treasures\" width=\"640\" height=\"427\">\u003c/a>\u003c/p>\n\u003cp>This Victorian baby carriage is one of the many thousands of items that are placed on blocks of Styrofoam, strapped into stabilizing contraptions of wood and Plexiglas, and carefully housed in a concrete room with light, temperature and humidity controls. You can't stop organic materials from decaying, but you can slow the process.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/07/03/the-treasure-that-the-calif-state-parks-are-housing/attachment/010/\" rel=\"attachment wp-att-102381\">\u003cimg class=\"alignleft size-full wp-image-102381\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/010.jpg\" alt=\"Details\" width=\"640\" height=\"427\">\u003c/a>\u003c/p>\n\u003cp>This Victorian baby carriage was donated to Sutter's Fort in the 1940s by a family that had brought it from Iowa; they believed it had been in their family's possession since the 1860s. It is an example of how the fort was a repository of immigrants' heirlooms during the time it was the State Historical Museum, according to Nancy Jenner, a state parks curator.\u003c/p>\n\u003cp>A strap across this carriage appears to be the first sign of a seat belt, and the detail in the iron side rails is not something that is found nowadays.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/07/03/the-treasure-that-the-calif-state-parks-are-housing/attachment/003/\" rel=\"attachment wp-att-102374\">\u003cimg class=\"alignleft size-full wp-image-102374\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/003.jpg\" alt=\"Hearse involved in California's only Civil War conflict\" width=\"640\" height=\"427\">\u003c/a>\u003c/p>\n\u003cp>This hearse was used to smuggle a cannon into the Amador County town of Volcano during the Civil War.\u003c/p>\n\u003cp>At the request of local supporters of the Union, who called themselves the Volcano Blues, the cannon tube was obtained from the Presidio in San Francisco as surplus from the Mexican War. It was shipped to Ione, then hidden in a casket, loaded in the hearse, and smuggled into Volcano under cover of darkness. The cannon was unloaded at the blacksmith shop, next to Sibley's Brewery. The blacksmith constructed a cannon carriage for it.\u003c/p>\n\u003cp>The cannon was used in the only Civil War skirmish in Volcano.. When local Confederate sympathizers marched down the street, intent on taking possession of the next gold shipment to help fund the Southern cause, the outnumbered Volcano Blues lined up to stop them. When told to move, the Blues stepped aside, revealing the loaded cannon. That was enough to cow the would-be Confederates, and the confrontation ended without a shot being fired.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/07/03/the-treasure-that-the-calif-state-parks-are-housing/attachment/011/\" rel=\"attachment wp-att-102382\">\u003cimg class=\"alignleft size-full wp-image-102382\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/011.jpg\" alt=\"Worlds Largest Collection of Indian Baskets\" width=\"640\" height=\"427\">\u003c/a>\u003c/p>\n\u003cp>Ross McGuire stands in front of one of the largest collections of Indian baskets in the world—4,400 housed in the state parks' North Highlands warehouse.\u003c/p>\n\u003cp>Baskets that range from as tiny as a teacup to large enough for bushels of acorns are individually wrapped and filled with Styrofoam peanuts to keep them from collapsing on themselves. Each has a tag describing its provenance and location in the collection.\u003c/p>\n\u003cp>In their former home the baskets were triple-stacked and overcrowded. Here they are well spaced and take up a linear mile of metal shelving, 15 levels high.\u003c/p>\n\u003cp>Many of the baskets may have a new home in coming years, at the \u003ca title=\"California Indian Heritage Center\" href=\"http://www.parks.ca.gov/?page_id=22628\" target=\"_blank\">California Indian Heritage Center\u003c/a>, but for now they remain protected and available to loan out.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp> \u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Same-Sex Marriage in California: Decoding the Prop. 8 and DOMA Rulings and What's Next",
"title": "Same-Sex Marriage in California: Decoding the Prop. 8 and DOMA Rulings and What's Next",
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"content": "\u003cfigure id=\"attachment_101462\" class=\"wp-caption alignleft\" style=\"max-width: 275px\">\u003cimg class=\"size-full wp-image-101462\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/5312_transform.jpg\" alt=\"Thousands of people celebrated the Prop. 8 and DOMA rulings at San Francisco City Hall. (Deborah Svoboda/KQED)\" width=\"275\" height=\"400\">\u003cfigcaption class=\"wp-caption-text\">Thousands of people celebrated the Prop. 8 and DOMA rulings at San Francisco City Hall. (Deborah Svoboda/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>After years of waiting, we finally have two U.S. Supreme Court rulings on the legality of same-sex marriage. But neither ruling was the type of clear-cut decision that advocates on both sides of the issue were hoping for. KQED spoke to several experts about the details of the cases and how this could all play out.\u003c/p>\n\u003cp>\u003cstrong>Standing\u003c/strong>\u003c/p>\n\u003cp>The Supreme Court focused on the issue of standing in their ruling today on Prop. 8. In 2010, then-Gov. Arnold Schwarzenegger, state Attorney General Jerry Brown and Lt. Gov. Abel Maldonado refused to defend Prop. 8, leaving Imperial County as the only government entity willing to defend the proposition. But in 2011, the California Supreme Court ruled that Prop. 8 proponents had standing to defend the measure, which allowed them to appeal to the 9th U.S. Circuit Court of Appeals. Now the U.S. Supreme Court has ruled that Prop. 8 supporters did\u003cem> not\u003c/em> have standing to appeal, Judge Vaughn Walker's decision that Prop. 8 is unconstitutional currently stands.\u003c/p>\n\u003cp>So what's standing?\u003c/p>\n\u003cp>UC Davis law professor Vik Amar explains:\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"Standing means that you're a party that belongs in court, and that we can trust that you'll represent the interests of one position in a way that allows the court to reach the merits. For example, if I voted against Prop. 8, and I thought it was a bad deal, I couldn't sue to challenge Prop. 8, even if it offended me, unless I'm a same-sex person, which I'm not. Standing makes sure we have the right parties in the case so that the courts aren't shooting their mouths off and making new rulings just in abstract context.\u003c/p>\n\u003cp>\"Usually we focus on whether the plaintiffs have standing. This was an unusual case because we were focusing on whether the defendants -- the proponents of Prop. 8 -- had standing, and the real question is whether the proponents are adequate representatives of the voters of the state of California. And the Supreme Court said that they are not. The Supreme Court said that they are private persons. They are not the same as public state officials.\u003c/p>\n\u003cp>\"If the Brown administration had appealed Judge Walker's decision to the 9th Circuit but said, 'By the way, we agree with the plaintiff, the challengers,' then the Supreme Court might have had a much harder time getting rid of this case. It might have had to reach the merits as it did in the Defense of Marriage Act case.\"\u003c/p>\n\u003cp>\u003cstrong>When can same-sex marriages resume?\u003c/strong>\u003c/p>\n\u003cp>The Supreme Court gave the 9th Circuit Court 25 days before the appeals court has to lift the stay, or hold, on Walker's ruling. This period comes directly from Supreme Court rules -- whenever the high court makes a ruling, the loser has 25 days to file for a rehearing before anything can happen.\u003c/p>\n\u003cp>California also has to decide how they are going to interpret the ruling. Gov. Jerry Brown ordered the Department of Public Health - which oversees marriage licenses, birth and death certificates, and other such documents - to advise the 58 counties of California to commence same-sex marriages as soon as the stay is lifted. Each county has to decide how they will prepare.\u003c/p>\n\u003cp>Attorney General Kamala Harris in a speech asked the court to lift the stay quickly: \"I am also calling on the 9th Circuit today to urge them in the strongest terms that they lift the stay and enforce the permanent injunction that Vaughn Walker outlined so that marriages can begin in California immediately.\"\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>Will the legal struggle continue in California?\u003c/strong>\u003c/p>\n\u003cp>It's unclear whether the lawsuits will continue. Someone with standing would need to challenge Walker's ruling.\u003c/p>\n\u003cp>Amar believes that only a county clerk could do so: \"The only scenario I envision is if a county clerk who feels that he should not be bound by Judge Walker's order, and that he is not controllable by the governor, from some conservative county wants to refuse to issue marriage licenses and goes to court and says he shouldn't be governed by any of this because he never had his day in court, he wasn't in San Francisco defending Prop 8. That's the only kind of individual or party left I could see to stand in the way.\"\u003cbr>\n\u003c!--more-->\u003cbr>\nJane Schacter, professor of law at Stanford Law School, agrees that a county clerk refusal could restart the process: \"What I think will happen at that point, it would not surprise me if in some more culturally conservative part of the state, a local county clerk says, 'Well, I don’t think the governor had the power to order me to do this, I don’t think I’m bound by Judge Walker’s order, and therefore I’m not going to give you a license.' At that point, a same-sex couple may go to court to try to get that license and we may be off to the races with further litigation. Now, this really is a law professor’s dream. Will that be in state court? Will that be in federal court? Will it be about the scope of Walker’s decision? Will it be about the scope of the governor’s authority to decide what to do in these circumstances? Any number of questions, but I think there is no question that a lot of same-sex couples in short order are going to start marrying again in California.\"\u003c/p>\n\u003cp>Schacter also says that, while unlikely, Walker's opinion could be open to interpretation: \"The question is does Judge Walker's opinion, which was issued not in a class action but a lawsuit involving two couples, does it bind and apply statewide to other couples who are not part of the litigation? I think the governor will aggressively take the position that the state was a party in the case, the state is not contesting the decision of Judge Walker, therefore Prop. 8 is no longer enforceable. But it wouldn't surprise me if there's further litigation in this. It might be that the proponents of Prop. 8 will try to get some clarification of what the scope is of Judge Walker's opinion, and that won't come from Judge Walker because he's retired, but it will come from a different district judge. More likely I think Gov. Brown has ordered that marriage licenses be issued immediately. Once that starts happening, and I don't see a constraint to it because there was a stay in place pending resolution of the Supreme Court's appeal, and I think in short order that will be dissolved.\"\u003c/p>\n\u003cp>John Eastman, a lawyer for the National Organization for Marriage, argues that the Supreme Court's ruling on DOMA should leave the decision up to the states: \"DOMA’s decision by the court, which specifically says that marriage policy is a core function of the states and that the federal government can’t interfere with that, strongly suggests that Judge Walker’s opinion in the Proposition 8 case, which is the last opinion standing in the Proposition 8 case right now, is invalid and has been superseded by that DOMA decision. Because what he did was strike down California’s effort that has its own merits policy, as reflected in Proposition 8. So I think we’ve got a lot of litigation still to go on whether that decision has to be overruled.\"\u003c/p>\n\u003cp>Amar says this is unlikely, though: \"A big question is whether anyone can validly raise this kind of argument in front of the 9th Circuit or the District Court. In light of today's Perry ruling, Prop. 8 proponents have no right to have the 9th Circuit take another look at what Judge Walker did, or at the scope of his remedy either. And the governor and attorney general certainly are not going to ask the 9th Circuit to do anything other than allow Judge Walker's order to go into effect. So unless the 9th Circuit decides, on its own, to re-examine Walker's ruling, or unless someone else, like a county clerk, successfully intervenes to defend Proposition 8, and both of these are unlikely. I think the same-sex marriage train will leave the station here in California pretty soon. I think, and have argued for years, that this is the right result. California will join the same-sex marriage column of states largely because of the decisions of accountable, elected officials - the governor and the attorney general - rather than because of 9th Circuit judges.\"\u003c/p>\n\u003cp>\u003cstrong>So if same-sex marriage is legal, what happens to domestic partnerships?\u003c/strong>\u003c/p>\n\u003cp>This is also unclear. David Levine, professor of law at UC Hastings College of the Law, says: \"Presumably it will effectively change over to a marriage. When we had the interim period under the California Supreme Court, in effect that was what was going to happen. So, I think probably it’ll, in effect, automatically happen. But again that’s something that we’re going to have to get some direction. The state officials in Sacramento will be issuing some directives to the appropriate county officials. So, we’ll see. But I think, as a practical matter, it will turn into a marriage.\"\u003c/p>\n\u003cp>\u003cstrong>What about federal areas, like immigration and taxes?\u003c/strong>\u003c/p>\n\u003cp>The Supreme Court's ruling on the Defense of Marriage Act covers changes to federal issues, such as immigration and taxes.\u003c/p>\n\u003cp>The Supreme Court found that a portion of DOMA is unconstitutional because it violates equality principles by treating same-sex and heterosexual couples differently, even when states recognize same-sex couples and heterosexual couples the same, according to Amar.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>While the Supreme Court can direct, it cannot legislate. Our experts agreed that the details will probably have to be handled by the Obama administration. Schacter says: \"If section 3, as I believe, of DOMA is now unconstitutional in any respect, then there won’t be any reason for the Obama administration – which I think is inclined to recognize same-sex marriages – not to do that in the context of immigration and beyond. So, they’re going to have to go agency by agency and issue some regulations and public directives explaining how same-sex couples can achieve recognition from the federal government in these different areas.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_101462\" class=\"wp-caption alignleft\" style=\"max-width: 275px\">\u003cimg class=\"size-full wp-image-101462\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/5312_transform.jpg\" alt=\"Thousands of people celebrated the Prop. 8 and DOMA rulings at San Francisco City Hall. (Deborah Svoboda/KQED)\" width=\"275\" height=\"400\">\u003cfigcaption class=\"wp-caption-text\">Thousands of people celebrated the Prop. 8 and DOMA rulings at San Francisco City Hall. (Deborah Svoboda/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>After years of waiting, we finally have two U.S. Supreme Court rulings on the legality of same-sex marriage. But neither ruling was the type of clear-cut decision that advocates on both sides of the issue were hoping for. KQED spoke to several experts about the details of the cases and how this could all play out.\u003c/p>\n\u003cp>\u003cstrong>Standing\u003c/strong>\u003c/p>\n\u003cp>The Supreme Court focused on the issue of standing in their ruling today on Prop. 8. In 2010, then-Gov. Arnold Schwarzenegger, state Attorney General Jerry Brown and Lt. Gov. Abel Maldonado refused to defend Prop. 8, leaving Imperial County as the only government entity willing to defend the proposition. But in 2011, the California Supreme Court ruled that Prop. 8 proponents had standing to defend the measure, which allowed them to appeal to the 9th U.S. Circuit Court of Appeals. Now the U.S. Supreme Court has ruled that Prop. 8 supporters did\u003cem> not\u003c/em> have standing to appeal, Judge Vaughn Walker's decision that Prop. 8 is unconstitutional currently stands.\u003c/p>\n\u003cp>So what's standing?\u003c/p>\n\u003cp>UC Davis law professor Vik Amar explains:\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Standing means that you're a party that belongs in court, and that we can trust that you'll represent the interests of one position in a way that allows the court to reach the merits. For example, if I voted against Prop. 8, and I thought it was a bad deal, I couldn't sue to challenge Prop. 8, even if it offended me, unless I'm a same-sex person, which I'm not. Standing makes sure we have the right parties in the case so that the courts aren't shooting their mouths off and making new rulings just in abstract context.\u003c/p>\n\u003cp>\"Usually we focus on whether the plaintiffs have standing. This was an unusual case because we were focusing on whether the defendants -- the proponents of Prop. 8 -- had standing, and the real question is whether the proponents are adequate representatives of the voters of the state of California. And the Supreme Court said that they are not. The Supreme Court said that they are private persons. They are not the same as public state officials.\u003c/p>\n\u003cp>\"If the Brown administration had appealed Judge Walker's decision to the 9th Circuit but said, 'By the way, we agree with the plaintiff, the challengers,' then the Supreme Court might have had a much harder time getting rid of this case. It might have had to reach the merits as it did in the Defense of Marriage Act case.\"\u003c/p>\n\u003cp>\u003cstrong>When can same-sex marriages resume?\u003c/strong>\u003c/p>\n\u003cp>The Supreme Court gave the 9th Circuit Court 25 days before the appeals court has to lift the stay, or hold, on Walker's ruling. This period comes directly from Supreme Court rules -- whenever the high court makes a ruling, the loser has 25 days to file for a rehearing before anything can happen.\u003c/p>\n\u003cp>California also has to decide how they are going to interpret the ruling. Gov. Jerry Brown ordered the Department of Public Health - which oversees marriage licenses, birth and death certificates, and other such documents - to advise the 58 counties of California to commence same-sex marriages as soon as the stay is lifted. Each county has to decide how they will prepare.\u003c/p>\n\u003cp>Attorney General Kamala Harris in a speech asked the court to lift the stay quickly: \"I am also calling on the 9th Circuit today to urge them in the strongest terms that they lift the stay and enforce the permanent injunction that Vaughn Walker outlined so that marriages can begin in California immediately.\"\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>Will the legal struggle continue in California?\u003c/strong>\u003c/p>\n\u003cp>It's unclear whether the lawsuits will continue. Someone with standing would need to challenge Walker's ruling.\u003c/p>\n\u003cp>Amar believes that only a county clerk could do so: \"The only scenario I envision is if a county clerk who feels that he should not be bound by Judge Walker's order, and that he is not controllable by the governor, from some conservative county wants to refuse to issue marriage licenses and goes to court and says he shouldn't be governed by any of this because he never had his day in court, he wasn't in San Francisco defending Prop 8. That's the only kind of individual or party left I could see to stand in the way.\"\u003cbr>\n\u003c!--more-->\u003cbr>\nJane Schacter, professor of law at Stanford Law School, agrees that a county clerk refusal could restart the process: \"What I think will happen at that point, it would not surprise me if in some more culturally conservative part of the state, a local county clerk says, 'Well, I don’t think the governor had the power to order me to do this, I don’t think I’m bound by Judge Walker’s order, and therefore I’m not going to give you a license.' At that point, a same-sex couple may go to court to try to get that license and we may be off to the races with further litigation. Now, this really is a law professor’s dream. Will that be in state court? Will that be in federal court? Will it be about the scope of Walker’s decision? Will it be about the scope of the governor’s authority to decide what to do in these circumstances? Any number of questions, but I think there is no question that a lot of same-sex couples in short order are going to start marrying again in California.\"\u003c/p>\n\u003cp>Schacter also says that, while unlikely, Walker's opinion could be open to interpretation: \"The question is does Judge Walker's opinion, which was issued not in a class action but a lawsuit involving two couples, does it bind and apply statewide to other couples who are not part of the litigation? I think the governor will aggressively take the position that the state was a party in the case, the state is not contesting the decision of Judge Walker, therefore Prop. 8 is no longer enforceable. But it wouldn't surprise me if there's further litigation in this. It might be that the proponents of Prop. 8 will try to get some clarification of what the scope is of Judge Walker's opinion, and that won't come from Judge Walker because he's retired, but it will come from a different district judge. More likely I think Gov. Brown has ordered that marriage licenses be issued immediately. Once that starts happening, and I don't see a constraint to it because there was a stay in place pending resolution of the Supreme Court's appeal, and I think in short order that will be dissolved.\"\u003c/p>\n\u003cp>John Eastman, a lawyer for the National Organization for Marriage, argues that the Supreme Court's ruling on DOMA should leave the decision up to the states: \"DOMA’s decision by the court, which specifically says that marriage policy is a core function of the states and that the federal government can’t interfere with that, strongly suggests that Judge Walker’s opinion in the Proposition 8 case, which is the last opinion standing in the Proposition 8 case right now, is invalid and has been superseded by that DOMA decision. Because what he did was strike down California’s effort that has its own merits policy, as reflected in Proposition 8. So I think we’ve got a lot of litigation still to go on whether that decision has to be overruled.\"\u003c/p>\n\u003cp>Amar says this is unlikely, though: \"A big question is whether anyone can validly raise this kind of argument in front of the 9th Circuit or the District Court. In light of today's Perry ruling, Prop. 8 proponents have no right to have the 9th Circuit take another look at what Judge Walker did, or at the scope of his remedy either. And the governor and attorney general certainly are not going to ask the 9th Circuit to do anything other than allow Judge Walker's order to go into effect. So unless the 9th Circuit decides, on its own, to re-examine Walker's ruling, or unless someone else, like a county clerk, successfully intervenes to defend Proposition 8, and both of these are unlikely. I think the same-sex marriage train will leave the station here in California pretty soon. I think, and have argued for years, that this is the right result. California will join the same-sex marriage column of states largely because of the decisions of accountable, elected officials - the governor and the attorney general - rather than because of 9th Circuit judges.\"\u003c/p>\n\u003cp>\u003cstrong>So if same-sex marriage is legal, what happens to domestic partnerships?\u003c/strong>\u003c/p>\n\u003cp>This is also unclear. David Levine, professor of law at UC Hastings College of the Law, says: \"Presumably it will effectively change over to a marriage. When we had the interim period under the California Supreme Court, in effect that was what was going to happen. So, I think probably it’ll, in effect, automatically happen. But again that’s something that we’re going to have to get some direction. The state officials in Sacramento will be issuing some directives to the appropriate county officials. So, we’ll see. But I think, as a practical matter, it will turn into a marriage.\"\u003c/p>\n\u003cp>\u003cstrong>What about federal areas, like immigration and taxes?\u003c/strong>\u003c/p>\n\u003cp>The Supreme Court's ruling on the Defense of Marriage Act covers changes to federal issues, such as immigration and taxes.\u003c/p>\n\u003cp>The Supreme Court found that a portion of DOMA is unconstitutional because it violates equality principles by treating same-sex and heterosexual couples differently, even when states recognize same-sex couples and heterosexual couples the same, according to Amar.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>While the Supreme Court can direct, it cannot legislate. Our experts agreed that the details will probably have to be handled by the Obama administration. Schacter says: \"If section 3, as I believe, of DOMA is now unconstitutional in any respect, then there won’t be any reason for the Obama administration – which I think is inclined to recognize same-sex marriages – not to do that in the context of immigration and beyond. So, they’re going to have to go agency by agency and issue some regulations and public directives explaining how same-sex couples can achieve recognition from the federal government in these different areas.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Civil Grand Jury Cites Culture of 'Intimidation' and 'Interference' by Oakland City Council",
"title": "Civil Grand Jury Cites Culture of 'Intimidation' and 'Interference' by Oakland City Council",
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"content": "\u003cp>(Bay City News/KQED) The Alameda County civil grand jury issued a report Monday criticizing the way city of Oakland officials oversaw the development of a teen center in East Oakland, calling the process \"a complete fiasco.\" The grand jury report, called \"Misgoverning the City of Oakland,\" also criticizes a culture of \"intimidation\" and \"interference\" by the City Council in its dealings with city administrators.\u003c/p>\n\u003cfigure id=\"attachment_52466\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/01/100929-043.jpg\">\u003cimg class=\"size-medium wp-image-52466\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/01/100929-043-300x225.jpg\" alt=\"Downtown Oakland. (Photo by: Craig Miller/ KQED)\" width=\"300\" height=\"225\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Downtown Oakland. (Photo by: Craig Miller/ KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>\"The Grand Jury learned that some council members would often put pressure on city staff to get their own issues prioritized above other city matters,\" the report said, citing the Rainbow Recreation Center and the adjacent Digital Arts and Culinary Academy on International Boulevard, projects that have been championed by City Councilwoman Desley Brooks, who represents that area.\u003c/p>\n\u003cp>The grand jury said that after interviewing numerous witnesses and sorting through hundreds of documents it found that \"city contracting, purchasing and hiring rules were circumvented during the teen center project.\"\u003c/p>\n\u003cp>The report didn't mention Brooks by name, but it said, \"One council member stepped out of their role on the council and inappropriately made administrative decisions throughout the process, often with full knowledge and complicity of city staff.\"\u003c/p>\n\u003cp>The panel said former city executives as well as current and former department heads \"failed to stop this inappropriate conduct\" and allowed the project to move forward \"at a time when other parks and recreation programs were being cut and projects with higher priorities went unfounded.\" \u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The grand jury's report is similar to a report issued in March by City Auditor Courtney Ruby, who said Brooks interfered with city workers in her efforts to get the Rainbow Recreation Center built as well as another teen center in her district, the Arroyo Viejo Recreation Center.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003cstrong>\u003ca href=\"http://acgov.org/grandjury/final2012-2013.pdf\" target=\"_blank\">Read the report\u003c/a>\u003c/strong> (p. 29) \u003c/aside>\n\u003cp>Brooks couldn't be reached for comment on Monday.\u003c/p>\n\u003cp>The grand jury report said it made numerous attempts to get the council member mentioned in its report to appear before the panel but \"the council member refused to cooperate with the investigation.\"\u003c/p>\n\u003cp>The grand jury said the council member \"lacked the experience and expertise to ensure that city rules -- and more importantly -- state laws intended to protect the city were followed.\"\u003c/p>\n\u003cp>The panel said, \"What ensued was a complete fiasco that diverted city administration's attention away from many other dire issues the city was facing.\"\u003c/p>\n\u003cp>The grand jury said that among the problems with the project are that construction work wasn't put up for competitive bidding and the center's employees hadn't gone through sufficient background checks before being allowed to work with children.\u003c/p>\n\u003cp>The report said, \"The Oakland City Council's interference with, and intimidation of staff, diminish the overall effectiveness of city government\" and failure by city staff and department heads to report or stop council interference \"contributes to the unacceptable culture of intimidation and leads to continued misconduct.\" The report said there were many instances of interference by council members and pointed to delayed projects within the Office of Parks and Recreation as an example. That department \"would not move forward on a host of projects until they obtained approval from a specific council member,\" the report said. \"This approval ranged from the replacement of trash cans and benches, to making decisions about the exterior design and façade.\"\u003c/p>\n\u003cp>The grand jury recommended that the City Council provide the city's Public Ethics Commission with sufficient power and funding to enforce the city's ethics-related ordinances and that city elected officials receive ethics training every two years, with proof of compliance made available to the public through the city's website.\u003c/p>\n\u003cp>The panel also said, \"No member of the city council should conduct any city business outside of the realm of their council powers as designated in the city charter and in the municipal code.\"\u003c/p>\n\u003cp>City spokeswoman Karen Boyd said Mayor Jean Quan and City Administrator Deanna Santana agree with the grand jury that, \"The public must be able to trust that the City of Oakland's day-to-day operations - such as contracting, hiring and management of City staff - are shielded from inappropriate political influence.\"\u003c/p>\n\u003cp>Boyd said Quan and Santana also agree that the Public Ethics Commission must have adequate staffing and additional authority and their proposed budget calls for increased staffing for the commission.\u003c/p>\n\u003cp>Boyd also said Santana has stressed good governance and ethics since she assumed her position in August 2010, at which point work on the teen center was already under way.\u003c/p>\n\u003cp>Boyd said the goal of Quan and Santana is to \"continue to provide quality service to the community while maintaining appropriate interactions between city council members and staff.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>She said Quan and Santana are encouraged by an \"ethical climate survey\" conducted by Ruby, which found that between 2010 and 2011 they had \"moved the dial towards greater accountability and improved governance.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>(Bay City News/KQED) The Alameda County civil grand jury issued a report Monday criticizing the way city of Oakland officials oversaw the development of a teen center in East Oakland, calling the process \"a complete fiasco.\" The grand jury report, called \"Misgoverning the City of Oakland,\" also criticizes a culture of \"intimidation\" and \"interference\" by the City Council in its dealings with city administrators.\u003c/p>\n\u003cfigure id=\"attachment_52466\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/01/100929-043.jpg\">\u003cimg class=\"size-medium wp-image-52466\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/01/100929-043-300x225.jpg\" alt=\"Downtown Oakland. (Photo by: Craig Miller/ KQED)\" width=\"300\" height=\"225\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Downtown Oakland. (Photo by: Craig Miller/ KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>\"The Grand Jury learned that some council members would often put pressure on city staff to get their own issues prioritized above other city matters,\" the report said, citing the Rainbow Recreation Center and the adjacent Digital Arts and Culinary Academy on International Boulevard, projects that have been championed by City Councilwoman Desley Brooks, who represents that area.\u003c/p>\n\u003cp>The grand jury said that after interviewing numerous witnesses and sorting through hundreds of documents it found that \"city contracting, purchasing and hiring rules were circumvented during the teen center project.\"\u003c/p>\n\u003cp>The report didn't mention Brooks by name, but it said, \"One council member stepped out of their role on the council and inappropriately made administrative decisions throughout the process, often with full knowledge and complicity of city staff.\"\u003c/p>\n\u003cp>The panel said former city executives as well as current and former department heads \"failed to stop this inappropriate conduct\" and allowed the project to move forward \"at a time when other parks and recreation programs were being cut and projects with higher priorities went unfounded.\" \u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The grand jury's report is similar to a report issued in March by City Auditor Courtney Ruby, who said Brooks interfered with city workers in her efforts to get the Rainbow Recreation Center built as well as another teen center in her district, the Arroyo Viejo Recreation Center.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003cstrong>\u003ca href=\"http://acgov.org/grandjury/final2012-2013.pdf\" target=\"_blank\">Read the report\u003c/a>\u003c/strong> (p. 29) \u003c/aside>\n\u003cp>Brooks couldn't be reached for comment on Monday.\u003c/p>\n\u003cp>The grand jury report said it made numerous attempts to get the council member mentioned in its report to appear before the panel but \"the council member refused to cooperate with the investigation.\"\u003c/p>\n\u003cp>The grand jury said the council member \"lacked the experience and expertise to ensure that city rules -- and more importantly -- state laws intended to protect the city were followed.\"\u003c/p>\n\u003cp>The panel said, \"What ensued was a complete fiasco that diverted city administration's attention away from many other dire issues the city was facing.\"\u003c/p>\n\u003cp>The grand jury said that among the problems with the project are that construction work wasn't put up for competitive bidding and the center's employees hadn't gone through sufficient background checks before being allowed to work with children.\u003c/p>\n\u003cp>The report said, \"The Oakland City Council's interference with, and intimidation of staff, diminish the overall effectiveness of city government\" and failure by city staff and department heads to report or stop council interference \"contributes to the unacceptable culture of intimidation and leads to continued misconduct.\" The report said there were many instances of interference by council members and pointed to delayed projects within the Office of Parks and Recreation as an example. That department \"would not move forward on a host of projects until they obtained approval from a specific council member,\" the report said. \"This approval ranged from the replacement of trash cans and benches, to making decisions about the exterior design and façade.\"\u003c/p>\n\u003cp>The grand jury recommended that the City Council provide the city's Public Ethics Commission with sufficient power and funding to enforce the city's ethics-related ordinances and that city elected officials receive ethics training every two years, with proof of compliance made available to the public through the city's website.\u003c/p>\n\u003cp>The panel also said, \"No member of the city council should conduct any city business outside of the realm of their council powers as designated in the city charter and in the municipal code.\"\u003c/p>\n\u003cp>City spokeswoman Karen Boyd said Mayor Jean Quan and City Administrator Deanna Santana agree with the grand jury that, \"The public must be able to trust that the City of Oakland's day-to-day operations - such as contracting, hiring and management of City staff - are shielded from inappropriate political influence.\"\u003c/p>\n\u003cp>Boyd said Quan and Santana also agree that the Public Ethics Commission must have adequate staffing and additional authority and their proposed budget calls for increased staffing for the commission.\u003c/p>\n\u003cp>Boyd also said Santana has stressed good governance and ethics since she assumed her position in August 2010, at which point work on the teen center was already under way.\u003c/p>\n\u003cp>Boyd said the goal of Quan and Santana is to \"continue to provide quality service to the community while maintaining appropriate interactions between city council members and staff.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>She said Quan and Santana are encouraged by an \"ethical climate survey\" conducted by Ruby, which found that between 2010 and 2011 they had \"moved the dial towards greater accountability and improved governance.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Governor, Legislature Back Down on Weakening Public Records Act",
"title": "Governor, Legislature Back Down on Weakening Public Records Act",
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"content": "\u003cp>\u003cstrong>Update 2:20 p.m.: And one more time ...\u003c/strong>\u003c/p>\n\u003cp>From the \u003ca href=\"http://blogs.sacbee.com/capitolalertlatest/2013/06/jerry-brown-will-support-bill-keeping-public-records-act-intact.html\" target=\"_blank\">Sacramento Bee\u003c/a> ...\u003c/p>\n\u003cblockquote>\u003cp>Gov. \u003cstrong>\u003ca href=\"http://topics.sacbee.com/Jerry+Brown/\" rel=\"nofollow\">Jerry Brown\u003c/a>\u003c/strong> will support a bill reversing a proposed weakening of the \u003ca href=\"http://topics.sacbee.com/California+Public+Records+Act/\" rel=\"nofollow\">California Public Records Act,\u003c/a> apparently resolving the controversy that has swept over the Capitol in recent days.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Update to the update to the update on this story 12:10 p.m.: \u003c/strong>\u003c/p>\n\u003cp>A joint press release from Assembly Speaker John Pérez and Senate President Pro Tem Darrell Steinberg announces the Senate \u003cem>will\u003c/em>, in fact, vote to undo the public records changes, which transformed the requirement that local governments comply with requests for public documents to an optional \"best practices\" guideline.\u003c/p>\n\u003cp>Steinberg had previously said the Senate wouldn't act, despite the Assembly's earlier revote on the budget bill stripped of the public records provision.\u003c/p>\n\u003cblockquote>\u003cp>\u003cstrong>SACRAMENTO\u003c/strong>—Senate President pro Tem Darrell Steinberg (D-Sacramento) and Assembly Speaker John A. Pérez (D-Los Angeles) released a joint statement today regarding the Legislature’s actions on the California Public Records Act:\u003c/p>\n\u003cp>“We agree there needs to be both an immediate fix to ensure local entities comply with the California Public Records Act and a long-term solution so the California Public Records Act is not considered a reimbursable mandate. Accordingly, the Senate will take up the amended SB 71 passed by the Assembly today that removed changes in the budget regarding the California Public Records Act. As the Senate advances its proposed constitutional amendment, the Assembly will work with them throughout its process to give voters the chance to make clear that good government shouldn’t come with an extra price tag.”\u003c/p>\u003c/blockquote>\n\u003cp>\u003cem>\u003c!--more-->\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cem>Original post\u003c/em>\u003c/p>\n\u003cp>California’s Assembly has taken a mulligan on open records requirements.\u003c/p>\n\u003cp>Less than a week after the chamber passed a bill removing mandates dictating how local governments respond to public records requests, the chamber voted 52-25 to pass a near-identical version of the initial measure, but stripped of the public records changes.\u003c/p>\n\u003cp>The language in question removes mandates on local governments to respond to open records requests within 10 days, provide electronic copies of documents when they’re available, and actively assist members of the public with their queries.\u003c/p>\n\u003cp>Supporters of the scaled-back mandates, including Senate President Pro Tem Darrell Steinberg, say the shift isn’t about making public access more restrictive, but rather a question of who should foot the bill for public records compliance. California’s constitution requires the state to pay for any mandates it imposes on local governments. Removing the public records requirements and making them a “best practice” for cities and counties instead of a requirement would save the state tens of millions of dollars, according to the Legislative Analyst’s Office. \u003c!--more-->\u003c/p>\n\u003cp>The Assembly’s move created moments of political jujitsu, as Democratic leaders simultaneously defended their initial vote while urging members to repeal it. Budget committee chair Bob Blumenfeld pointed out the change was initially proposed in Gov. Jerry Brown’s January budget proposal.\u003c/p>\n\u003cp>“Six months ago when the provision was before the committee, there was not a single article,” he said. “I got not a single call to my office, nor was anyone in the press concerned about it.”\u003c/p>\n\u003cp>In fact, \u003ca href=\"http://www.utsandiego.com/news/2013/Feb/27/jerry-brown-cuts-funding-local-government-records/\">the San Diego Union-Tribune wrote about the proposal in February\u003c/a>, but the open records change did not gain much public notice until last week.\u003c/p>\n\u003cp>“There is [now] a \u003ca href=\"http://ww2.kqed.org/news/california-public-records-act-controversy\" target=\"_blank\">hue and cry about it\u003c/a>, and we want to be responsive to that,” Blumenfeld said.\u003c/p>\n\u003cp>Republicans blasted Democratic leaders’ decision to undo last week’s initial vote. “This is an embarrassment that we have to stand here today and redo the work that we just did,” said San Bernadino County Republican Tim Donnelly. “You guys got caught with your hand in the cookie jar. The press appropriately came down on you, and you’re trying to do a do-over,” said Orange County Republican Donald Wagner.\u003c/p>\n\u003cp>What happens next isn’t clear. Senate President Pro Tem Darrell Steinberg says the upper chamber won’t vote on the Assembly’s redo. Because of that, Republican Leader Connie Conway called the Assembly’s vote “political theater.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Gov. Jerry Brown, who initially pushed for removing the local open records mandates, has yet to weigh in on the Assembly’s backtracking. His brief Wednesday night statement on the controversy voiced support for a constitutional amendment ensuring local governments pay for their own open records compliance, but made no mention of whether he’ll sign the initial bill making the changes, or whether he supports or opposes the move to backtrack.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update 2:20 p.m.: And one more time ...\u003c/strong>\u003c/p>\n\u003cp>From the \u003ca href=\"http://blogs.sacbee.com/capitolalertlatest/2013/06/jerry-brown-will-support-bill-keeping-public-records-act-intact.html\" target=\"_blank\">Sacramento Bee\u003c/a> ...\u003c/p>\n\u003cblockquote>\u003cp>Gov. \u003cstrong>\u003ca href=\"http://topics.sacbee.com/Jerry+Brown/\" rel=\"nofollow\">Jerry Brown\u003c/a>\u003c/strong> will support a bill reversing a proposed weakening of the \u003ca href=\"http://topics.sacbee.com/California+Public+Records+Act/\" rel=\"nofollow\">California Public Records Act,\u003c/a> apparently resolving the controversy that has swept over the Capitol in recent days.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Update to the update to the update on this story 12:10 p.m.: \u003c/strong>\u003c/p>\n\u003cp>A joint press release from Assembly Speaker John Pérez and Senate President Pro Tem Darrell Steinberg announces the Senate \u003cem>will\u003c/em>, in fact, vote to undo the public records changes, which transformed the requirement that local governments comply with requests for public documents to an optional \"best practices\" guideline.\u003c/p>\n\u003cp>Steinberg had previously said the Senate wouldn't act, despite the Assembly's earlier revote on the budget bill stripped of the public records provision.\u003c/p>\n\u003cblockquote>\u003cp>\u003cstrong>SACRAMENTO\u003c/strong>—Senate President pro Tem Darrell Steinberg (D-Sacramento) and Assembly Speaker John A. Pérez (D-Los Angeles) released a joint statement today regarding the Legislature’s actions on the California Public Records Act:\u003c/p>\n\u003cp>“We agree there needs to be both an immediate fix to ensure local entities comply with the California Public Records Act and a long-term solution so the California Public Records Act is not considered a reimbursable mandate. Accordingly, the Senate will take up the amended SB 71 passed by the Assembly today that removed changes in the budget regarding the California Public Records Act. As the Senate advances its proposed constitutional amendment, the Assembly will work with them throughout its process to give voters the chance to make clear that good government shouldn’t come with an extra price tag.”\u003c/p>\u003c/blockquote>\n\u003cp>\u003cem>\u003c!--more-->\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>Original post\u003c/em>\u003c/p>\n\u003cp>California’s Assembly has taken a mulligan on open records requirements.\u003c/p>\n\u003cp>Less than a week after the chamber passed a bill removing mandates dictating how local governments respond to public records requests, the chamber voted 52-25 to pass a near-identical version of the initial measure, but stripped of the public records changes.\u003c/p>\n\u003cp>The language in question removes mandates on local governments to respond to open records requests within 10 days, provide electronic copies of documents when they’re available, and actively assist members of the public with their queries.\u003c/p>\n\u003cp>Supporters of the scaled-back mandates, including Senate President Pro Tem Darrell Steinberg, say the shift isn’t about making public access more restrictive, but rather a question of who should foot the bill for public records compliance. California’s constitution requires the state to pay for any mandates it imposes on local governments. Removing the public records requirements and making them a “best practice” for cities and counties instead of a requirement would save the state tens of millions of dollars, according to the Legislative Analyst’s Office. \u003c!--more-->\u003c/p>\n\u003cp>The Assembly’s move created moments of political jujitsu, as Democratic leaders simultaneously defended their initial vote while urging members to repeal it. Budget committee chair Bob Blumenfeld pointed out the change was initially proposed in Gov. Jerry Brown’s January budget proposal.\u003c/p>\n\u003cp>“Six months ago when the provision was before the committee, there was not a single article,” he said. “I got not a single call to my office, nor was anyone in the press concerned about it.”\u003c/p>\n\u003cp>In fact, \u003ca href=\"http://www.utsandiego.com/news/2013/Feb/27/jerry-brown-cuts-funding-local-government-records/\">the San Diego Union-Tribune wrote about the proposal in February\u003c/a>, but the open records change did not gain much public notice until last week.\u003c/p>\n\u003cp>“There is [now] a \u003ca href=\"http://ww2.kqed.org/news/california-public-records-act-controversy\" target=\"_blank\">hue and cry about it\u003c/a>, and we want to be responsive to that,” Blumenfeld said.\u003c/p>\n\u003cp>Republicans blasted Democratic leaders’ decision to undo last week’s initial vote. “This is an embarrassment that we have to stand here today and redo the work that we just did,” said San Bernadino County Republican Tim Donnelly. “You guys got caught with your hand in the cookie jar. The press appropriately came down on you, and you’re trying to do a do-over,” said Orange County Republican Donald Wagner.\u003c/p>\n\u003cp>What happens next isn’t clear. Senate President Pro Tem Darrell Steinberg says the upper chamber won’t vote on the Assembly’s redo. Because of that, Republican Leader Connie Conway called the Assembly’s vote “political theater.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Gov. Jerry Brown, who initially pushed for removing the local open records mandates, has yet to weigh in on the Assembly’s backtracking. His brief Wednesday night statement on the controversy voiced support for a constitutional amendment ensuring local governments pay for their own open records compliance, but made no mention of whether he’ll sign the initial bill making the changes, or whether he supports or opposes the move to backtrack.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "Pérez Wants California Public Records Act Restored, But Steinberg Balks",
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"headTitle": "Pérez Wants California Public Records Act Restored, But Steinberg Balks | KQED",
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"content": "\u003cp>\u003cstrong>by Scott Detrow, Dan Brekke, Francesca Segrè and Jon Brooks\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_80300\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/11/saccapitoldome090911.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-80300\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/11/saccapitoldome090911.jpg\" alt=\"File photo: State Capitol. (Justin Sullivan/Getty)\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">File photo: State Capitol. (Justin Sullivan/Getty)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>\u003ca href=\"http://ww2.kqed.org/news/2013/06/20/california-assembly-turns-back-time-votes-to-un-do-open-records-change/\" target=\"_blank\" rel=\"noopener\">Updates on this story here\u003c/a>\u003c/strong>.\u003c/p>\n\u003cp>\u003cem>Original post\u003c/em>\u003c/p>\n\u003cp>A \u003ca href=\"http://ww2.kqed.org/news/california-public-records-act-controversy\" target=\"_blank\" rel=\"noopener\">growing furor over proposed changes to the California Public Records Act\u003c/a> is threatening to undo this month’s relatively smooth budget negotiations.\u003c/p>\n\u003cp>Responding to criticism that the changes would substantially weaken California’s open records laws, Assembly Speaker John Perez announced the lower chamber would vote Thursday morning on a measure identical to the bill it passed last week, but not including the section dealing with open records. “To be clear, this means that the California Public Records Act will remain intact without any changes as part of the budget – consistent with the Assembly’s original action,” Pérez said in a statement.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But the Senate isn’t budging. President Pro Tem Darrell Steinberg says the Senate won’t vote on that new bill unless he sees evidence local governments are opting out of the public records requirements. Steinberg says the issue isn’t public records. It’s the fact the state is constitutionally required to pay for those local actions. “Unless the local governments are violating the law,” he told reporters, the state should not be on the hook for tens of millions of dollars to pay them for what they should be doing.”\u003c/p>\n\u003cp>\u003ca href=\"http://sd06.senate.ca.gov/news/2013-06-19-statement-senate-democratic-leaders-preserve-local-govt-transparency\" target=\"_blank\" rel=\"noopener\">Steinberg said\u003c/a> that instead of a revote, a constitutional amendment would be introduced in the state Senate Thursday, “which will require permanent restoration of all California Public Records Act mandates in the state budget, and require that all local government entities pay for those services of providing public access to local government records.”\u003c/p>\n\u003cp>If that measure passes, the issue would go before the voters.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003cstrong>Senate President Darrell Steinberg says the Senate won’t vote on the new bill unless he sees evidence local governments are opting out of the public records requirements.\u003c/strong>\u003c/aside>\n\u003cp>What’s this all about? As we’ve been reporting today, the proposed \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=06001-07000&file=6250-6270\" target=\"_blank\" rel=\"noopener\">Public Records Act\u003c/a> changes were included in one of the so-called trailer bills that lawmakers passed alongside the state budget last week. The bill removed the mandatory requirement that local governments respond to requests for documents within 10 days, provide electronic versions of records when available, and provide assistance to records-seekers who aren’t quite sure what they’re looking for. (For instance, if your town has an Excel spreadsheet of employee salaries that’s subject to disclosure and you ask for that information, the town is obligated to provide it to you.) Such compliance under the bill would have been optional, redefined as “best practices.”\u003c/p>\n\u003cp>After the bill was signed, various mayors, including San Francisco’s Ed Lee, \u003ca href=\"http://ww2.kqed.org/news/2013/06/19/100507/\" target=\"_blank\" rel=\"noopener\">said local governments would continue to comply with the law\u003c/a>. But First Amendment and open government advocates have been livid, and newspapers published \u003ca href=\"http://www.fresnobee.com/2013/06/18/3349183/editorial-tell-brown-to-veto-attack.html\" target=\"_blank\" rel=\"noopener\">editorials\u003c/a> opposing the change, saying the law had been eviscerated. Journalists who rely on the law as an investigatory tool have also been highly critical.\u003c/p>\n\u003cp>News10 Sacramento’s John Myers addressed in a \u003ca href=\"http://www.news10.net/capitol/article/248109/525/New-fight-over-weakening-state-transparency-law\" target=\"_blank\" rel=\"noopener\">blog post\u003c/a> the suggestion that the weakening of the Public Records Act was a stealth measure …\u003c/p>\n\u003cblockquote>\u003cp>The fracas in recent days included accusations that lawmakers were trying to hide the change in how the state’s public records law is carried out with a stealth and last minute plot.\u003c/p>\n\u003cp>Not true.\u003c/p>\n\u003cp>Brown actually made the proposal more than five months ago in his January budget, one of several state funded mandates that he suggested be scrapped.\u003c/p>\n\u003cp>Legislators discussed the PRA mandate in budget committees, the Legislature’s analysts released a report on the plan on May 31, and then a budget conference committee voted unanimously to make PRA provisions optional (and thus, save the state money) on June 10.\u003c/p>\n\u003cp>The real truth is that while some noticed the proposal early, the vast majority of political and government journalists didn’t notice it until last week, focused instead on bigger budget fights.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Update Thursday 10 a.m.\u003c/strong>\u003c/p>\n\u003cblockquote class=\"twitter-tweet\">\u003cp>Assembly votes 52-25 to modify budget trailer bill to eliminate provisions weakening \u003ca href=\"https://twitter.com/search?q=%23CPRA&src=hash\">#CPRA\u003c/a>. Senate leaders say they won’t act on bill now.\u003c/p>\n\u003cp>— Katie Orr (@1KatieOrr) \u003ca href=\"https://twitter.com/1KatieOrr/statuses/347758922918146048\">June 20, 2013\u003c/a>\u003c/p>\u003c/blockquote>\n\n",
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"description": "by Scott Detrow, Dan Brekke, Francesca Segrè and Jon Brooks Updates on this story here. Original post A growing furor over proposed changes to the California Public Records Act is threatening to undo this month’s relatively smooth budget negotiations. Responding to criticism that the changes would substantially weaken California’s open records laws, Assembly Speaker John Perez announced",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>by Scott Detrow, Dan Brekke, Francesca Segrè and Jon Brooks\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_80300\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/11/saccapitoldome090911.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-80300\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/11/saccapitoldome090911.jpg\" alt=\"File photo: State Capitol. (Justin Sullivan/Getty)\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">File photo: State Capitol. (Justin Sullivan/Getty)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>\u003ca href=\"http://ww2.kqed.org/news/2013/06/20/california-assembly-turns-back-time-votes-to-un-do-open-records-change/\" target=\"_blank\" rel=\"noopener\">Updates on this story here\u003c/a>\u003c/strong>.\u003c/p>\n\u003cp>\u003cem>Original post\u003c/em>\u003c/p>\n\u003cp>A \u003ca href=\"http://ww2.kqed.org/news/california-public-records-act-controversy\" target=\"_blank\" rel=\"noopener\">growing furor over proposed changes to the California Public Records Act\u003c/a> is threatening to undo this month’s relatively smooth budget negotiations.\u003c/p>\n\u003cp>Responding to criticism that the changes would substantially weaken California’s open records laws, Assembly Speaker John Perez announced the lower chamber would vote Thursday morning on a measure identical to the bill it passed last week, but not including the section dealing with open records. “To be clear, this means that the California Public Records Act will remain intact without any changes as part of the budget – consistent with the Assembly’s original action,” Pérez said in a statement.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But the Senate isn’t budging. President Pro Tem Darrell Steinberg says the Senate won’t vote on that new bill unless he sees evidence local governments are opting out of the public records requirements. Steinberg says the issue isn’t public records. It’s the fact the state is constitutionally required to pay for those local actions. “Unless the local governments are violating the law,” he told reporters, the state should not be on the hook for tens of millions of dollars to pay them for what they should be doing.”\u003c/p>\n\u003cp>\u003ca href=\"http://sd06.senate.ca.gov/news/2013-06-19-statement-senate-democratic-leaders-preserve-local-govt-transparency\" target=\"_blank\" rel=\"noopener\">Steinberg said\u003c/a> that instead of a revote, a constitutional amendment would be introduced in the state Senate Thursday, “which will require permanent restoration of all California Public Records Act mandates in the state budget, and require that all local government entities pay for those services of providing public access to local government records.”\u003c/p>\n\u003cp>If that measure passes, the issue would go before the voters.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003cstrong>Senate President Darrell Steinberg says the Senate won’t vote on the new bill unless he sees evidence local governments are opting out of the public records requirements.\u003c/strong>\u003c/aside>\n\u003cp>What’s this all about? As we’ve been reporting today, the proposed \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=06001-07000&file=6250-6270\" target=\"_blank\" rel=\"noopener\">Public Records Act\u003c/a> changes were included in one of the so-called trailer bills that lawmakers passed alongside the state budget last week. The bill removed the mandatory requirement that local governments respond to requests for documents within 10 days, provide electronic versions of records when available, and provide assistance to records-seekers who aren’t quite sure what they’re looking for. (For instance, if your town has an Excel spreadsheet of employee salaries that’s subject to disclosure and you ask for that information, the town is obligated to provide it to you.) Such compliance under the bill would have been optional, redefined as “best practices.”\u003c/p>\n\u003cp>After the bill was signed, various mayors, including San Francisco’s Ed Lee, \u003ca href=\"http://ww2.kqed.org/news/2013/06/19/100507/\" target=\"_blank\" rel=\"noopener\">said local governments would continue to comply with the law\u003c/a>. But First Amendment and open government advocates have been livid, and newspapers published \u003ca href=\"http://www.fresnobee.com/2013/06/18/3349183/editorial-tell-brown-to-veto-attack.html\" target=\"_blank\" rel=\"noopener\">editorials\u003c/a> opposing the change, saying the law had been eviscerated. Journalists who rely on the law as an investigatory tool have also been highly critical.\u003c/p>\n\u003cp>News10 Sacramento’s John Myers addressed in a \u003ca href=\"http://www.news10.net/capitol/article/248109/525/New-fight-over-weakening-state-transparency-law\" target=\"_blank\" rel=\"noopener\">blog post\u003c/a> the suggestion that the weakening of the Public Records Act was a stealth measure …\u003c/p>\n\u003cblockquote>\u003cp>The fracas in recent days included accusations that lawmakers were trying to hide the change in how the state’s public records law is carried out with a stealth and last minute plot.\u003c/p>\n\u003cp>Not true.\u003c/p>\n\u003cp>Brown actually made the proposal more than five months ago in his January budget, one of several state funded mandates that he suggested be scrapped.\u003c/p>\n\u003cp>Legislators discussed the PRA mandate in budget committees, the Legislature’s analysts released a report on the plan on May 31, and then a budget conference committee voted unanimously to make PRA provisions optional (and thus, save the state money) on June 10.\u003c/p>\n\u003cp>The real truth is that while some noticed the proposal early, the vast majority of political and government journalists didn’t notice it until last week, focused instead on bigger budget fights.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Update Thursday 10 a.m.\u003c/strong>\u003c/p>\n\u003cblockquote class=\"twitter-tweet\">\u003cp>Assembly votes 52-25 to modify budget trailer bill to eliminate provisions weakening \u003ca href=\"https://twitter.com/search?q=%23CPRA&src=hash\">#CPRA\u003c/a>. Senate leaders say they won’t act on bill now.\u003c/p>\n\u003cp>— Katie Orr (@1KatieOrr) \u003ca href=\"https://twitter.com/1KatieOrr/statuses/347758922918146048\">June 20, 2013\u003c/a>\u003c/p>\u003c/blockquote>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Analysis: Prop. 8 Case Unlikely to Result in Broad Right to Same-Sex Marriage",
"title": "Analysis: Prop. 8 Case Unlikely to Result in Broad Right to Same-Sex Marriage",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>Nearly five years after voters passed Proposition 8, the U.S. Supreme Court will soon decide the fate of California's ban on same-sex marriage. But will that be the final word?\u003c/p>\n\u003cfigure id=\"attachment_99836\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003cimg class=\"size-medium wp-image-99836 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/RS5062_Supreme-Court-Justices-2010-scr-300x181.jpg\" alt=\"Front row (L-R): Associate Justice Clarence Thomas, Associate Justice Antonin Scalia, Chief Justice John G. Roberts, Associate Justice Anthony M. Kennedy and Associate Justice Ruth Bader Ginsburg. Back Row (L-R): Associate Justice Sonia Sotomayor, Associate Justice Stephen Breyer, Associate Justice Samuel Alito Jr. and Associate Justice Elena Kagan. (Tim Sloan/AFP/Getty Images)\" width=\"300\" height=\"181\">\u003cfigcaption class=\"wp-caption-text\">Front row (L-R): Associate Justice Clarence Thomas, Associate Justice Antonin Scalia, Chief Justice John G. Roberts, Associate Justice Anthony M. Kennedy and Associate Justice Ruth Bader Ginsburg. Back Row (L-R): Associate Justice Sonia Sotomayor, Associate Justice Stephen Breyer, Associate Justice Samuel Alito Jr. and Associate Justice Elena Kagan. (Tim Sloan/AFP/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>When two same-sex couples filed a lawsuit challenging the constitutionality of Prop. 8, their attorney, Theodore Olson, described the issue in sweeping terms.\u003c/p>\n\u003cp>“The case we filed is not about liberal or conservative, Democrat or Republican,” Olson said. “This case is about the equal rights guaranteed to every American under the United States Constitution.”\u003c/p>\n\u003cp>In the summer of 2010, federal judge Vaughn Walker agreed, issuing a landmark decision \u003ca href=\"http://blogs.kqed.org/prop8/2010/08/04/prop-8-overturned-whats-next/\" target=\"_blank\">declaring Prop. 8 unconstitutional\u003c/a> -- saying there was no rational basis for denying same-sex couples a license to marry.\u003c/p>\n\u003cp>The \u003ca href=\"http://blogs.kqed.org/prop8/2012/02/07/appeals-court-upholds-vaughns-decision/\" target=\"_blank\">9th U.S. Circuit Court of Appeals upheld\u003c/a> Walker's ruling in February 2012 but narrowed it considerably, saying it applied only to California, not the entire country. In the next two weeks, the U.S. Supreme Court will weigh in.\u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>UC Davis law professor Vikram Amar calls a broad decision declaring a fundamental, nationwide right to same-sex marriage highly unlikely.\u003c/p>\n\u003cp>“It's very rare for the court to invalidate the laws of two-thirds or three-quarters of the states,” Amar said, noting that when bans on interracial marriage were struck down in 1967, only 16 states had such laws -- compared with 35 that now ban gay marriage.\u003c/p>\n\u003cp>Since Prop. 8 passed, 11 states and the District of Columbia have legalized same-sex marriage. And John Eastman, an attorney for the National Organization for Marriage -- supporters of Prop. 8 -- hopes that discourages the high court from intervening.\u003c/p>\n\u003caside class=\"pullquote alignleft\">“It's very rare for the court to invalidate the laws of two-thirds or three-quarters of the states,” Vik Amar\u003c/aside>\n\u003cp>“Americans across the country are grappling with an intense policy debate,” Eastman said. “And there's nothing specifically in the Constitution that decides that debate one way or the other. And the Supreme Court ought to recognize that and let it play out.”\u003c/p>\n\u003cp>At \u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\" target=\"_blank\">oral arguments\u003c/a> in March, there seemed to be little appetite – even among the most liberal justices -- for a momentous decision in support of gay marriage.\u003c/p>\n\u003cp>And there are two ways for the court to avoid that legal question altogether. They could simply dismiss the case, allowing the 9th U.S. Circuit Court decision to stand. (In fact, during \u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\" target=\"_blank\">oral arguments\u003c/a>, Justice Anthony Kennedy mused, “I just wonder if the case was properly granted.”)\u003c/p>\n\u003cp>Or, more likely, Amar said, the court will declare that Prop. 8 proponents lacked legal standing to appeal Judge Walker's decision.\u003c/p>\n\u003cp>“If the case is decided on standing grounds, the thing we should focus on right away is what, if anything, the court says about the follow-on process,” Amar said.\u003c/p>\n\u003cp>In other words, how broadly does Judge Walker's decision apply? Not broadly at all, said Prop. 8 attorney Andy Pugno.\u003c/p>\n\u003cp>“If we didn't have standing, then there was no one to defend Proposition 8,” Pugno argued. “And in a case like that you can't declare a statute unconsitutional. The best you can do is grant the relief that was asked for, and that's for the two couples.”\u003c/p>\n\u003cp>But opponents of Prop. 8 argue that Gov. Jerry Brown would likely instruct county clerks to issue marriage licenses to same-sex couples. In that case, same-sex weddings would begin again by the end of July.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Even if the measure is upheld by the Supreme Court, the question is sure to be back on the ballot next year. Polls show well over 50 percent of California voters are now supporting same-sex marriage.\u003c/p>\n\n",
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"description": "Nearly five years after voters passed Proposition 8, the U.S. Supreme Court will soon decide the fate of California's ban on same-sex marriage. But will that be the final word? When two same-sex couples filed a lawsuit challenging the constitutionality of Prop. 8, their attorney, Theodore Olson, described the issue in sweeping terms. “The case",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Nearly five years after voters passed Proposition 8, the U.S. Supreme Court will soon decide the fate of California's ban on same-sex marriage. But will that be the final word?\u003c/p>\n\u003cfigure id=\"attachment_99836\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003cimg class=\"size-medium wp-image-99836 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/RS5062_Supreme-Court-Justices-2010-scr-300x181.jpg\" alt=\"Front row (L-R): Associate Justice Clarence Thomas, Associate Justice Antonin Scalia, Chief Justice John G. Roberts, Associate Justice Anthony M. Kennedy and Associate Justice Ruth Bader Ginsburg. Back Row (L-R): Associate Justice Sonia Sotomayor, Associate Justice Stephen Breyer, Associate Justice Samuel Alito Jr. and Associate Justice Elena Kagan. (Tim Sloan/AFP/Getty Images)\" width=\"300\" height=\"181\">\u003cfigcaption class=\"wp-caption-text\">Front row (L-R): Associate Justice Clarence Thomas, Associate Justice Antonin Scalia, Chief Justice John G. Roberts, Associate Justice Anthony M. Kennedy and Associate Justice Ruth Bader Ginsburg. Back Row (L-R): Associate Justice Sonia Sotomayor, Associate Justice Stephen Breyer, Associate Justice Samuel Alito Jr. and Associate Justice Elena Kagan. (Tim Sloan/AFP/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>When two same-sex couples filed a lawsuit challenging the constitutionality of Prop. 8, their attorney, Theodore Olson, described the issue in sweeping terms.\u003c/p>\n\u003cp>“The case we filed is not about liberal or conservative, Democrat or Republican,” Olson said. “This case is about the equal rights guaranteed to every American under the United States Constitution.”\u003c/p>\n\u003cp>In the summer of 2010, federal judge Vaughn Walker agreed, issuing a landmark decision \u003ca href=\"http://blogs.kqed.org/prop8/2010/08/04/prop-8-overturned-whats-next/\" target=\"_blank\">declaring Prop. 8 unconstitutional\u003c/a> -- saying there was no rational basis for denying same-sex couples a license to marry.\u003c/p>\n\u003cp>The \u003ca href=\"http://blogs.kqed.org/prop8/2012/02/07/appeals-court-upholds-vaughns-decision/\" target=\"_blank\">9th U.S. Circuit Court of Appeals upheld\u003c/a> Walker's ruling in February 2012 but narrowed it considerably, saying it applied only to California, not the entire country. In the next two weeks, the U.S. Supreme Court will weigh in.\u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>UC Davis law professor Vikram Amar calls a broad decision declaring a fundamental, nationwide right to same-sex marriage highly unlikely.\u003c/p>\n\u003cp>“It's very rare for the court to invalidate the laws of two-thirds or three-quarters of the states,” Amar said, noting that when bans on interracial marriage were struck down in 1967, only 16 states had such laws -- compared with 35 that now ban gay marriage.\u003c/p>\n\u003cp>Since Prop. 8 passed, 11 states and the District of Columbia have legalized same-sex marriage. And John Eastman, an attorney for the National Organization for Marriage -- supporters of Prop. 8 -- hopes that discourages the high court from intervening.\u003c/p>\n\u003caside class=\"pullquote alignleft\">“It's very rare for the court to invalidate the laws of two-thirds or three-quarters of the states,” Vik Amar\u003c/aside>\n\u003cp>“Americans across the country are grappling with an intense policy debate,” Eastman said. “And there's nothing specifically in the Constitution that decides that debate one way or the other. And the Supreme Court ought to recognize that and let it play out.”\u003c/p>\n\u003cp>At \u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\" target=\"_blank\">oral arguments\u003c/a> in March, there seemed to be little appetite – even among the most liberal justices -- for a momentous decision in support of gay marriage.\u003c/p>\n\u003cp>And there are two ways for the court to avoid that legal question altogether. They could simply dismiss the case, allowing the 9th U.S. Circuit Court decision to stand. (In fact, during \u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\" target=\"_blank\">oral arguments\u003c/a>, Justice Anthony Kennedy mused, “I just wonder if the case was properly granted.”)\u003c/p>\n\u003cp>Or, more likely, Amar said, the court will declare that Prop. 8 proponents lacked legal standing to appeal Judge Walker's decision.\u003c/p>\n\u003cp>“If the case is decided on standing grounds, the thing we should focus on right away is what, if anything, the court says about the follow-on process,” Amar said.\u003c/p>\n\u003cp>In other words, how broadly does Judge Walker's decision apply? Not broadly at all, said Prop. 8 attorney Andy Pugno.\u003c/p>\n\u003cp>“If we didn't have standing, then there was no one to defend Proposition 8,” Pugno argued. “And in a case like that you can't declare a statute unconsitutional. The best you can do is grant the relief that was asked for, and that's for the two couples.”\u003c/p>\n\u003cp>But opponents of Prop. 8 argue that Gov. Jerry Brown would likely instruct county clerks to issue marriage licenses to same-sex couples. In that case, same-sex weddings would begin again by the end of July.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Even if the measure is upheld by the Supreme Court, the question is sure to be back on the ballot next year. Polls show well over 50 percent of California voters are now supporting same-sex marriage.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"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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"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. ",
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"marketplace": {
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"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
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"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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"order": 12
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"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
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"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",
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"planet-money": {
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"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.",
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"politicalbreakdown": {
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"title": "Political Breakdown",
"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
"airtime": "THU 6:30pm-7pm",
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"possible": {
"id": "possible",
"title": "Possible",
"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
"airtime": "SUN 2pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg",
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"pri-the-world": {
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"title": "PRI's The World: Latest Edition",
"info": "Each weekday, host Marco Werman and his team of producers bring you the world's most interesting stories in an hour of radio that reminds us just how small our planet really is.",
"airtime": "MON-FRI 2pm-3pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-World-Podcast-Tile-360x360-1.jpg",
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},
"radiolab": {
"id": "radiolab",
"title": "Radiolab",
"info": "A two-time Peabody Award-winner, Radiolab is an investigation told through sounds and stories, and centered around one big idea. In the Radiolab world, information sounds like music and science and culture collide. Hosted by Jad Abumrad and Robert Krulwich, the show is designed for listeners who demand skepticism, but appreciate wonder. WNYC Studios is the producer of other leading podcasts including Freakonomics Radio, Death, Sex & Money, On the Media and many more.",
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},
"reveal": {
"id": "reveal",
"title": "Reveal",
"info": "Created by The Center for Investigative Reporting and PRX, Reveal is public radios first one-hour weekly radio show and podcast dedicated to investigative reporting. Credible, fact based and without a partisan agenda, Reveal combines the power and artistry of driveway moment storytelling with data-rich reporting on critically important issues. The result is stories that inform and inspire, arming our listeners with information to right injustices, hold the powerful accountable and improve lives.Reveal is hosted by Al Letson and showcases the award-winning work of CIR and newsrooms large and small across the nation. In a radio and podcast market crowded with choices, Reveal focuses on important and often surprising stories that illuminate the world for our listeners.",
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"officialWebsiteLink": "https://www.revealnews.org/episodes/",
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},
"rightnowish": {
"id": "rightnowish",
"title": "Rightnowish",
"tagline": "Art is where you find it",
"info": "Rightnowish digs into life in the Bay Area right now… ish. Journalist Pendarvis Harshaw takes us to galleries painted on the sides of liquor stores in West Oakland. We'll dance in warehouses in the Bayview, make smoothies with kids in South Berkeley, and listen to classical music in a 1984 Cutlass Supreme in Richmond. Every week, Pen talks to movers and shakers about how the Bay Area shapes what they create, and how they shape the place we call home.",
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"source": "kqed",
"order": 16
},
"link": "/podcasts/rightnowish",
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},
"science-friday": {
"id": "science-friday",
"title": "Science Friday",
"info": "Science Friday is a weekly science talk show, broadcast live over public radio stations nationwide. Each week, the show focuses on science topics that are in the news and tries to bring an educated, balanced discussion to bear on the scientific issues at hand. Panels of expert guests join host Ira Flatow, a veteran science journalist, to discuss science and to take questions from listeners during the call-in portion of the program.",
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},
"snap-judgment": {
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