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"content": "\u003cp>SACRAMENTO, California (AP) A first-of-its-kind ban on a controversial form of psychotherapy aimed at making gay people straight faces a key vote in front of California lawmakers.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cul>\n\u003cli>\u003ca href=\"http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1151-1200/sb_1172_bill_20120430_amended_sen_v95.html\">\u003cstrong>Read the bill\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://prospect.org/article/my-so-called-ex-gay-life\">\u003cstrong>My So-Called Ex-Gay Life\u003c/strong>\u003c/a> (American Prospect) – author of study finding effectiveness of gay conversion therapy retracts\u003cbr>\n\u003c/li>\u003c/ul>\u003c/aside>\n\u003cp>Supporters say the legislation, which is before its final committee Tuesday, is necessary because such treatments are dangerous and can lead to suicide.\u003c/p>\n\u003cp>Conservative religious groups emphatically reject that view of sexual orientation therapy and say the California bill would interfere with parents’ rights to seek appropriate psychological care for their children. \u003c/p>\n\u003cp>The bill would prohibit so-called reparative therapy for minors and force adults who chose to undergo the treatment to sign a release form that states that the counseling is ineffective and possibly dangerous. Mainstream mental health organizations have disavowed such therapy. \u003c/p>\n\u003cp>\u003ca href=\"http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1151-1200/sb_1172_bill_20120430_amended_sen_v95.html\">SB 1172\u003c/a>, sponsored by Equality California, was expected to go to its final committee hearing Tuesday afternoon and will go to the full Senate if approved. \u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Lieu says attempts to pathologize and change people’s sexual orientation should be treated akin to smoking and drinking: harmful activities that adults can choose to participate in, but children cannot.\u003c/p>\n\u003cp>“We let adults do all sorts of stupid and risky things, but we ban dangerous things for young people,” Lieu said in a telephone interview.\u003c/p>\n\u003cp>He was inspired to take up the issue by a cable news documentary featuring people whose parents had attempted to change their sexual orientation. The doctor featured in the show “was evil,” he said.\u003c/p>\n\u003cp>Interest in the religion-based therapy appears to have surged in recent years.\u003c/p>\n\u003cp>Exodus International, the world’s largest Christian referral network dealing with homosexuality, now refers people to 260 groups across the country, up from about 100 a decade ago. The organization has 35 ministries and churches scattered around California, from the Central Valley to the U.S.-Mexico border.\u003c/p>\n\u003cp>Mainstream mental health organizations say people shouldn’t be seeking out groups like Exodus at all.\u003c/p>\n\u003cp>The American Psychological Association said in 2009 that mental health professionals should not tell gay clients they can become straight through therapy.\u003c/p>\n\u003cp>The association cited research suggesting that efforts to produce the change could lead to depression and suicidal tendencies, and stated that no solid evidence exists that such change is possible.\u003c/p>\n\u003cp>The American Counseling Association and American Psychiatric Association have also disavowed the therapy. And the psychiatric association removed homosexuality from its list of mental disorders nearly 30 years ago.\u003c/p>\n\u003cp>Conversion therapy penetrated the national consciousness last year when former Republican presidential candidate Michele Bachmann was questioned over whether the Christian counseling business of her husband provided therapies that attempted to change gays and lesbians.\u003c/p>\n\u003cp>Last month, psychiatrist \u003ca href=\"http://prospect.org/article/my-so-called-ex-gay-life\">Bob Spitzer retracted his widely-cited 2001 study\u003c/a> that found that “highly motivated” people could change their sexual orientation, and apologized to the gay community.\u003c/p>\n\u003cp>The measure would likely face legal challenges from opponents who say it is unconstitutional.\u003c/p>\n\u003cp>Lieu says he addressed free speech issues by excluding clergy from the legislation.\u003c/p>\n\u003cp>Gay rights advocates say such a ban would constitute a major milestone, and could lead to similar legislation across the country.\u003c/p>\n\u003cp>The debate comes as gay rights issues take the spotlight around the nation with pending legislation in North Carolina and Colorado and recent comments from Vice President Joe Biden, who said he is “absolutely comfortable” with same-sex couples getting the same rights as heterosexual couples.\u003c/p>\n\u003cp>In North Carolina on Tuesday, voters are expected to decide whether to make it the 29th state to pass a constitutional amendment defining marriage as solely between a man and a woman.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>And in Colorado, a measure to extend civil union protections to gay couples faces a looming deadline in the state Legislature.\u003c/p>\n\n",
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"content": "\u003cp>Last week, A's pitcher Brandon McCarthy caused a brief flurry with a \u003ca href=\"https://twitter.com/#!/BMcCarthy32/status/192898036614184960\">tweet\u003c/a> deeming the display of two men kissing on a stadium \"kiss cam\" as homophobic. \u003c/p>\n\u003cblockquote class=\"twitter-tweet\">\n\u003cp>They put two guys on the 'Kiss Cam' tonight. What hilarity!! (by hilarity I mean offensive homophobia). Enough with this stupid trend.\u003c/p>\n\u003cp>— Brandon McCarthy (@BMcCarthy32) \u003ca href=\"https://twitter.com/BMcCarthy32/status/192898036614184960\" data-datetime=\"2012-04-19T08:50:50+00:00\">April 19, 2012\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp>The Chronicle's Gwen Knapp wrote this about the tweet in a \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/04/24/SP211O8C0K.DTL\">column\u003c/a> today:\u003c/p>\n\u003cblockquote>\u003cp>The comment might have made history. It's hard to tell. The Baseball Encyclopedia doesn't keep track of players' spontaneous statements about inherently antigay humor. But McCarthy's insight was certainly rare...\u003c/p>\n\u003cp>McCarthy pointed out the joke is usually telegraphed by placing the two guys at the end of the routine. There is no way it's an attempt to include gay and lesbian couples in the frivolity of \"Kiss Cam.\"\u003c/p>\n\u003cp>\"There's that stupid, little comedic value of it if you don't really think about what it implies,\" he said Tuesday. \"It kind of got old on that level. Then I actually started thinking about why we were supposed to be laughing, and it bugged me.\n\u003c/p>\u003c/blockquote>\n\u003cp>KQED's Ian Hill has \u003ca href=\"http://storify.com/kqednews/a-s-pitcher-brandon-mccarthy-tweets-against-homoph?utm_source=embed_header\">Storified a series of exchanges\u003c/a> between McCarthy and other Twitter users stemming from his comment...\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003cscript src=\"//platform.twitter.com/widgets.js\" charset=\"utf-8\">\u003c/script>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cscript src=\"http://storify.com/kqednews/a-s-pitcher-brandon-mccarthy-tweets-against-homoph.js\">\u003c/script>\u003c/p>\u003cnoscript>[\u003ca href=\"http://storify.com/kqednews/a-s-pitcher-brandon-mccarthy-tweets-against-homoph\" target=\"_blank\">View the story \"A's Pitcher Brandon McCarthy Tweets Against Homophobia\" on Storify\u003c/a>]\u003c/noscript>\n\n",
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"content": "\u003cp>Mia Macy thought she was a shoo-in for a ballistics technician job in the Walnut Creek laboratory of the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives. She had experience in the military and law enforcement and was one of a select few who had been trained on the Bureau’s ballistics computer system. \u003c/p>\n\u003cfigure id=\"attachment_63433\" class=\"wp-caption alignleft\" style=\"max-width: 256px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/04/miatrish.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/04/miatrish-256x300.jpg\" alt=\"\" title=\"miatrish\" width=\"256\" height=\"300\" class=\"size-medium wp-image-63433\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Mia and Trish Macy (Transgender Law Center)\u003c/figcaption>\u003c/figure>\n\u003cp>“It was perfect for me because it was the exact same job that I was doing for them just as a civilian and it was in the same equipment that I’d been using,” Macy said in a conference call on Tuesday. “There were very few of us that were certified in this equipment.” \u003c/p>\n\u003cp>Macy applied for the job as a man, and was told the position was hers pending a background check. After clearing the investigation, Macy informed her future employer that she would be undergoing a gender transition to become a woman. Five days later, she was told funding for the position had been suddenly cut and that she no longer had the job. \u003c/p>\n\u003cp>She and her partner had recently moved to California and were struggling to support themselves on one salary. Eventually, their house went into foreclosure.\u003c/p>\n\u003cp>“Because I was a detective, it just didn’t seem right,” Macy said. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>So she sought help from the Transgender Law Center, which found out someone else had been hired for the job. The center filed a discrimination complaint on Macy’s behalf to the Equal Employment Opportunity Commission (EEOC). \u003c!--more-->\u003c/p>\n\u003cp>The decision arrived yesterday: transgender people are protected under \u003ca href=\"http://www.eeoc.gov/laws/statutes/titlevii.cfm\">Title VII of the Civil Rights Act of 1964\u003c/a>. The EEOC ruled that “intentional discrimination against a transgender individual because that person is transgender is, by definition ‘based on…sex.'”\u003c/p>\n\u003cp>Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. It applies to all employers with over 15 employees. \u003c/p>\n\u003cp>“This is the first time that the EEOC has held that discrimination against trans people is unlawful under the federal sex discrimination law,” said Ilona Turner, the Transgender Law Center’s legal director. \u003c/p>\n\u003cp>But the ruling follows a precedent set by a series of federal court rulings. “This EEOC decision is really the culmination of an enormous amount of important advocacy work, important scholarship, and the recognition by an increasing number of courts around the country that indeed anti-trans discrimination constitutes sex discrimination,” said Tobias Barrington Wolff, Law Professor at the University of Pennsylvania. “I think it is fair to say that the EEOC ruling is part of an existing trend among the courts.”\u003c/p>\n\u003cp>In 1989, the Supreme Court held that a woman who was denied partnership in an accounting firm because she was “too masculine” had experienced unlawful sex discrimination. The message: bias due to a person not conforming to gender stereotypes is a type of sex discrimination. \u003c/p>\n\u003cp>Discriminating against transgender people is another form of gender stereotyping, the Transgender Law Center’s Turner said. “Someone thinks that the transgender person is not behaving or looking the way that a man or a woman should.” \u003c/p>\n\u003cp>Lawyers expect Mia Macy to get a position in the ballistics lab in the next few months, and they intend to seek back pay for lost wages. \u003c/p>\n\u003cp>Macy says the decision has larger implications. “This decision isn’t just for me,” she said, “I mean it’s good for me, but this is a door that is opening now a little wider for a lot of other transgender that have to go through this.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Related\u003c/em>:\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://www.law.cornell.edu/supct/html/historics/USSC_CR_0490_0228_ZS.html\">1989 SCOTUS Case: Price Waterhouse v. Hopkins\u003c/a> \u003c/li>\n\u003cli>\u003ca href=\"http://www.metroweekly.com/news/?ak=7288\">MetroWeekly coverage\u003c/a>\u003c/li>\n\u003c/ul>\n\n",
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"content": "\u003cfigure id=\"attachment_60729\" class=\"wp-caption alignright\" style=\"max-width: 200px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/rich2.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/rich2.jpg\" alt=\"Adrienne Rich at a writing workshop in Austin, Texas in 1980. (K Kendall/Flickr)\" title=\"rich2\" width=\"200\" height=\"300\" class=\"size-full wp-image-60729\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Adrienne Rich at a writing workshop in Austin, Texas in 1980. (K Kendall/Flickr)\u003c/figcaption>\u003c/figure>\n\u003cp>Poet Adrienne Rich, whose socially conscious verse influenced a generation of feminist, gay rights and anti-war activists, has died. She was 82.\u003c/p>\n\u003cp>Rich died Tuesday at her Santa Cruz home from complications from rheumatoid arthritis, said her son, Pablo Conrad. She had lived in Santa Cruz since the 1980s.\u003c/p>\n\u003cp>Forum spoke with Rich in 2005.\u003c/p>\n\u003cp>Through her writing, Rich explored topics such as women’s rights, racism, sexuality, economic justice and love between women.\u003c/p>\n\u003cp>Rich published more than a dozen volumes of poetry and five collections of nonfiction. She won a National Book Award for her collection of poems “Diving into the Wreck” in 1974. In 2004, she won the National Book Critics Circle Award in Poetry for her collection “The School Among the Ruins.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>She had first gained national prominence with her third poetry collection, “Snapshots of a Daughter-in-Law,” in 1963. Citing the title poem, University of Maryland professor Rudd Fleming wrote in The Washington Post that she “proves poetically how hard it is to be a woman … a member of the second sex.”\u003c/p>\n\u003cp>She and her husband had three sons before she left him in 1970, just as the women’s movement was exploding on the national scene. She used her experiences as a mother to write “Of Woman Born,” her ground-breaking feminist critique of pregnancy, childbirth and motherhood, published in 1976.\u003c/p>\n\u003cp>Rich believed that art and politics should not be separate and considered herself a socialist.\u003cbr>\n\u003c!--more-->\u003cbr>\n“For me, socialism represents moral value…the dignity and human rights of all citizens,” she told the San Francisco Chronicle in 2005. “That is, the resources of a society should be shared and the wealth redistributed as widely as possible.”\u003c/p>\n\u003cp>Rich taught at many colleges and universities, including Brandeis, Rutgers, Cornell, San Jose State and Stanford.\u003c/p>\n\u003cp>Rich won a MacArthur “genius” fellowship, two Guggenheim Fellowships and many top literary awards including the Bollingen Prize, Brandeis Creative Arts Medal, Ruth Lilly Poetry Prize and the Wallace Stevens Award.\u003c/p>\n\u003cp>But when then-President Clinton awarded the National Medal of Arts in 1997, Rich refused to accept it, citing the administration’s “cynical politics.”\u003c/p>\n\u003cp>“The radical disparities of wealth and power in America are widening at a devastating rate,” she wrote to the administration. “A president cannot meaningfully honor certain token artists while the people at large are so dishonored.”\u003c/p>\n\u003cp>In 2003, Rich and other poets refused to attend a White House symposium on poetry to protest to U.S.-led invasion of Iraq.\u003c/p>\n\u003cp>Born in Baltimore in 1929, Rich was the elder of two daughters of a Jewish father and a Protestant mother. . .a mixed heritage that she recalled in her autobiographical poem “Sources.” Her father, a doctor and medical professor at Johns Hopkins University, encouraged her to write poetry at an early age.\u003c/p>\n\u003cp>Rich graduated from Radcliffe College in 1951 and was chosen for the Yale Younger Poets Prize for her first book of poetry, “A Change of World.”\u003c/p>\n\u003cp>In 1953, she married Harvard University economist Alfred Conrad. In 1966, her family moved to New York City when her husband accepted a teaching position at City College. Rich taught remedial English to poor students entering college before teaching writing at Swarthmore College, Columbia University School of the Art and City University of New York.\u003c/p>\n\u003cp>After she left her husband, he committed suicide later in 1970. She later came out as a lesbian and lived with her partner, writer and editor Michelle Cliff, since 1976.\u003c/p>\n\u003cp>The \u003ca href=\"http://www.poetryfoundation.org/bio/adrienne-rich#poet\">Poetry Foundation\u003c/a> has a short biography of Rich, along with some her poems and essays.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>There is also an \u003ca href=\"http://writing.upenn.edu/pennsound/x/Rich.html\">online collection\u003c/a> of Rich reading some of her poetry.\u003c/p>\n\n",
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"description": "Poet Adrienne Rich, whose socially conscious verse influenced a generation of feminist, gay rights and anti-war activists, has died. She was 82. Rich died Tuesday at her Santa Cruz home from complications from rheumatoid arthritis, said her son, Pablo Conrad. She had lived in Santa Cruz since the 1980s. Forum spoke with Rich in 2005.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_60729\" class=\"wp-caption alignright\" style=\"max-width: 200px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/rich2.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/rich2.jpg\" alt=\"Adrienne Rich at a writing workshop in Austin, Texas in 1980. (K Kendall/Flickr)\" title=\"rich2\" width=\"200\" height=\"300\" class=\"size-full wp-image-60729\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Adrienne Rich at a writing workshop in Austin, Texas in 1980. (K Kendall/Flickr)\u003c/figcaption>\u003c/figure>\n\u003cp>Poet Adrienne Rich, whose socially conscious verse influenced a generation of feminist, gay rights and anti-war activists, has died. She was 82.\u003c/p>\n\u003cp>Rich died Tuesday at her Santa Cruz home from complications from rheumatoid arthritis, said her son, Pablo Conrad. She had lived in Santa Cruz since the 1980s.\u003c/p>\n\u003cp>Forum spoke with Rich in 2005.\u003c/p>\n\u003cp>Through her writing, Rich explored topics such as women’s rights, racism, sexuality, economic justice and love between women.\u003c/p>\n\u003cp>Rich published more than a dozen volumes of poetry and five collections of nonfiction. She won a National Book Award for her collection of poems “Diving into the Wreck” in 1974. In 2004, she won the National Book Critics Circle Award in Poetry for her collection “The School Among the Ruins.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>She had first gained national prominence with her third poetry collection, “Snapshots of a Daughter-in-Law,” in 1963. Citing the title poem, University of Maryland professor Rudd Fleming wrote in The Washington Post that she “proves poetically how hard it is to be a woman … a member of the second sex.”\u003c/p>\n\u003cp>She and her husband had three sons before she left him in 1970, just as the women’s movement was exploding on the national scene. She used her experiences as a mother to write “Of Woman Born,” her ground-breaking feminist critique of pregnancy, childbirth and motherhood, published in 1976.\u003c/p>\n\u003cp>Rich believed that art and politics should not be separate and considered herself a socialist.\u003cbr>\n\u003c!--more-->\u003cbr>\n“For me, socialism represents moral value…the dignity and human rights of all citizens,” she told the San Francisco Chronicle in 2005. “That is, the resources of a society should be shared and the wealth redistributed as widely as possible.”\u003c/p>\n\u003cp>Rich taught at many colleges and universities, including Brandeis, Rutgers, Cornell, San Jose State and Stanford.\u003c/p>\n\u003cp>Rich won a MacArthur “genius” fellowship, two Guggenheim Fellowships and many top literary awards including the Bollingen Prize, Brandeis Creative Arts Medal, Ruth Lilly Poetry Prize and the Wallace Stevens Award.\u003c/p>\n\u003cp>But when then-President Clinton awarded the National Medal of Arts in 1997, Rich refused to accept it, citing the administration’s “cynical politics.”\u003c/p>\n\u003cp>“The radical disparities of wealth and power in America are widening at a devastating rate,” she wrote to the administration. “A president cannot meaningfully honor certain token artists while the people at large are so dishonored.”\u003c/p>\n\u003cp>In 2003, Rich and other poets refused to attend a White House symposium on poetry to protest to U.S.-led invasion of Iraq.\u003c/p>\n\u003cp>Born in Baltimore in 1929, Rich was the elder of two daughters of a Jewish father and a Protestant mother. . .a mixed heritage that she recalled in her autobiographical poem “Sources.” Her father, a doctor and medical professor at Johns Hopkins University, encouraged her to write poetry at an early age.\u003c/p>\n\u003cp>Rich graduated from Radcliffe College in 1951 and was chosen for the Yale Younger Poets Prize for her first book of poetry, “A Change of World.”\u003c/p>\n\u003cp>In 1953, she married Harvard University economist Alfred Conrad. In 1966, her family moved to New York City when her husband accepted a teaching position at City College. Rich taught remedial English to poor students entering college before teaching writing at Swarthmore College, Columbia University School of the Art and City University of New York.\u003c/p>\n\u003cp>After she left her husband, he committed suicide later in 1970. She later came out as a lesbian and lived with her partner, writer and editor Michelle Cliff, since 1976.\u003c/p>\n\u003cp>The \u003ca href=\"http://www.poetryfoundation.org/bio/adrienne-rich#poet\">Poetry Foundation\u003c/a> has a short biography of Rich, along with some her poems and essays.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>There is also an \u003ca href=\"http://writing.upenn.edu/pennsound/x/Rich.html\">online collection\u003c/a> of Rich reading some of her poetry.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "SF LGBT Community Center Celebrates Ten-Year Anniversary",
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"content": "\u003cfigure id=\"attachment_58305\" class=\"wp-caption alignright\" style=\"max-width: 75px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/RebeccaRolfe.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/RebeccaRolfe.jpg\" alt=\"\" title=\"RebeccaRolfe\" width=\"100\" height=\"111\" class=\"size-full wp-image-58305\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Rebecca Rolfe (SF LGBT Community Center)\u003c/figcaption>\u003c/figure>\n\u003cp>The San Francisco LGBT Community Center is kicking off its 10-year anniversary celebration this month. The center \u003ca href=\"http://www.sfcenter.org/aboutus.php\">describes\u003c/a> itself this way: \u003c/p>\n\u003cblockquote>\u003cp>As the only non-profit in San Francisco serving the full spectrum of the lesbian, gay, bisexual and transgender communities, and working across a broad range of issues impacting the community, the center plays an important role as the physical and spiritual home for LGBT culture and is vital to the ultimate survival of our identity as a community. \u003c/p>\u003c/blockquote>\n\u003cp>KQED's Joshua Johnson recently interviewed Executive Director Rebecca Rolfe about the center's anniversary and about its mission in the community. \u003c/p>\n\u003cp>Edited transcript: \u003c/p>\n\u003cp>\u003cstrong>Joshua Johnson\u003c/strong>\u003c/p>\n\u003cp>Describe some of the celebrations and activities for the 10th anniversary...\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>Rebecca Rolfe\u003c/strong>\u003c/p>\n\u003cp>We've got a series of events lined up for the year, starting with our \u003ca href=\"http://www.soiree10.com/\">Soirée 10 celebration\u003c/a> on March 24. It's going to be a fabulous event for about a thousand people.\u003c/p>\n\u003cp>And we'll be rolling out a new web site in June that is going to be a significant resource for the community. \u003c/p>\n\u003cp>\u003cstrong>Joshua Johnson\u003c/strong>\u003c/p>\n\u003cp>There's been talk of remodeling the facility to figure ways to make the location work more to the organization's benefit. Where does that stand? \u003c/p>\n\u003cp>\u003cstrong>Rebecca Rolfe\u003c/strong>\u003c/p>\n\u003cp>We're looking at a couple of different things. Anytime you build a building you have theories about the way it's going to work, and then the way it works in practicality is sometimes different. \u003c/p>\n\u003cp>We're looking at what space in the building is well used and if there are spaces that could be better used. We've got some community requests we're looking at, and how we can meet those in the right way. Our youth team is really interested in creating a space that's a home for them within the larger center. So how can we create some space dedicated to youth programming that creates a sense of ownership and a connection to the space...\u003c/p>\n\u003cp>We're going to be moving the cybercenter to the lobby. We've got a large building, and we're going to be looking at deriving as much revenue from community events and tenants as possible; the building right now does not pay for itself, so we're looking at how we can create greater self-sufficiency for the building itself. \u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>Joshua Johnson\u003c/strong>\u003c/p>\n\u003cp>Two years ago the you were talking about a loan from the city to pay down some of the building's costs. How are the finances now? \u003c/p>\n\u003cp>\u003cstrong>Rebecca Rolfe\u003c/strong>\u003c/p>\n\u003cp>We've created a stable financial base for the organization. Of course times are difficult for non-profits. We've turned in a break-even operational budget for four out of the last five years. We've really looked at how we can be creative and resourceful. We've maintained our core services that connect the most vulnerable members of our community to really critical services. \u003c/p>\n\u003cp>\u003cstrong>Joshua Johnson\u003c/strong>\u003c/p>\n\u003cp>If you had to pick out one of the center's accomplishments, which one is most vivid for you? \u003c/p>\n\u003cp>\u003cstrong>Rebecca Rolfe\u003c/strong>\u003c/p>\n\u003cp>One example of the kind of innovation we have here is our economic development program. We started the first LGBT economic development program in the world: the first LGBT first-time homebuyers program, the first employment program, and the first employment program looking at the transgender community. \u003c/p>\n\u003cp>\u003cstrong>Joshua Johnson\u003c/strong>\u003c/p>\n\u003cp>Do you think in an era of Twitter and Facebook, where people can coalesce on their own in small groups around very specific needs, we still need a place for the community to consistently meet? \u003c/p>\n\u003cp>\u003cstrong>Rebecca Rolfe\u003c/strong>\u003c/p>\n\u003cp>I think the popularity of Twitter and Facebook speak to the desire people have to be connected. I think that the opportunity to come together face to face is still critically important, particularly for the LGBT community, because so many people did not feel connected and supported growing up. There continues to be an LGBT-specific need for connection and support to each other. \u003c/p>\n\u003cp>\u003cstrong>Joshua Johnson\u003c/strong>\u003c/p>\n\u003cp>What's on your wish list for the next 10 years in terms of hopes for the LGBT center? \u003c/p>\n\u003cp>\u003cstrong>Rebecca Rolfe\u003c/strong>\u003c/p>\n\u003cp>I'd like to see greater resources and an ability to look at cultural programming, and programming that supports strong community values and health and well-being. Things like volunteerism, civic engagement, policy advocacy. \u003c/p>\n\u003cp>\u003cstrong>Joshua Johnson\u003c/strong>\u003c/p>\n\u003cp>I've heard complaints from older LGBT people that the kids today just don't understand why these civic institutions are so important, because they're divorced from some of the more visceral struggles of past decades. Do you have trouble making the case for these kinds of institutions to young people? \u003c/p>\n\u003cp>\u003cstrong>Rebecca Rolfe\u003c/strong>\u003c/p>\n\u003cp>I don't necessarily see that younger people don’t see a need for the center. We work with everybody from seniors who are facing isolation and feeling like they're almost being driven back into the closet by some of the challenges around the invisibility of LGBT seniors, to youth who have come here from other places seeking safety and sanctuary.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>People from all walks of life have very different, clearly articulated needs, and a desire to be connected here. Those look different at different places in your life. But one of the values of the center is we are the place where all those folks come together -- we're the great meeting ground for everyone in the community. At any time we've got going, for example, a youth program having a meal night, a family support group, a support group for seniors, yoga and meditation classes, political clubs -- we've got the full gamut of activities and resources and options.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_58305\" class=\"wp-caption alignright\" style=\"max-width: 75px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/RebeccaRolfe.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/RebeccaRolfe.jpg\" alt=\"\" title=\"RebeccaRolfe\" width=\"100\" height=\"111\" class=\"size-full wp-image-58305\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Rebecca Rolfe (SF LGBT Community Center)\u003c/figcaption>\u003c/figure>\n\u003cp>The San Francisco LGBT Community Center is kicking off its 10-year anniversary celebration this month. The center \u003ca href=\"http://www.sfcenter.org/aboutus.php\">describes\u003c/a> itself this way: \u003c/p>\n\u003cblockquote>\u003cp>As the only non-profit in San Francisco serving the full spectrum of the lesbian, gay, bisexual and transgender communities, and working across a broad range of issues impacting the community, the center plays an important role as the physical and spiritual home for LGBT culture and is vital to the ultimate survival of our identity as a community. \u003c/p>\u003c/blockquote>\n\u003cp>KQED's Joshua Johnson recently interviewed Executive Director Rebecca Rolfe about the center's anniversary and about its mission in the community. \u003c/p>\n\u003cp>Edited transcript: \u003c/p>\n\u003cp>\u003cstrong>Joshua Johnson\u003c/strong>\u003c/p>\n\u003cp>Describe some of the celebrations and activities for the 10th anniversary...\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Rebecca Rolfe\u003c/strong>\u003c/p>\n\u003cp>We've got a series of events lined up for the year, starting with our \u003ca href=\"http://www.soiree10.com/\">Soirée 10 celebration\u003c/a> on March 24. It's going to be a fabulous event for about a thousand people.\u003c/p>\n\u003cp>And we'll be rolling out a new web site in June that is going to be a significant resource for the community. \u003c/p>\n\u003cp>\u003cstrong>Joshua Johnson\u003c/strong>\u003c/p>\n\u003cp>There's been talk of remodeling the facility to figure ways to make the location work more to the organization's benefit. Where does that stand? \u003c/p>\n\u003cp>\u003cstrong>Rebecca Rolfe\u003c/strong>\u003c/p>\n\u003cp>We're looking at a couple of different things. Anytime you build a building you have theories about the way it's going to work, and then the way it works in practicality is sometimes different. \u003c/p>\n\u003cp>We're looking at what space in the building is well used and if there are spaces that could be better used. We've got some community requests we're looking at, and how we can meet those in the right way. Our youth team is really interested in creating a space that's a home for them within the larger center. So how can we create some space dedicated to youth programming that creates a sense of ownership and a connection to the space...\u003c/p>\n\u003cp>We're going to be moving the cybercenter to the lobby. We've got a large building, and we're going to be looking at deriving as much revenue from community events and tenants as possible; the building right now does not pay for itself, so we're looking at how we can create greater self-sufficiency for the building itself. \u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>Joshua Johnson\u003c/strong>\u003c/p>\n\u003cp>Two years ago the you were talking about a loan from the city to pay down some of the building's costs. How are the finances now? \u003c/p>\n\u003cp>\u003cstrong>Rebecca Rolfe\u003c/strong>\u003c/p>\n\u003cp>We've created a stable financial base for the organization. Of course times are difficult for non-profits. We've turned in a break-even operational budget for four out of the last five years. We've really looked at how we can be creative and resourceful. We've maintained our core services that connect the most vulnerable members of our community to really critical services. \u003c/p>\n\u003cp>\u003cstrong>Joshua Johnson\u003c/strong>\u003c/p>\n\u003cp>If you had to pick out one of the center's accomplishments, which one is most vivid for you? \u003c/p>\n\u003cp>\u003cstrong>Rebecca Rolfe\u003c/strong>\u003c/p>\n\u003cp>One example of the kind of innovation we have here is our economic development program. We started the first LGBT economic development program in the world: the first LGBT first-time homebuyers program, the first employment program, and the first employment program looking at the transgender community. \u003c/p>\n\u003cp>\u003cstrong>Joshua Johnson\u003c/strong>\u003c/p>\n\u003cp>Do you think in an era of Twitter and Facebook, where people can coalesce on their own in small groups around very specific needs, we still need a place for the community to consistently meet? \u003c/p>\n\u003cp>\u003cstrong>Rebecca Rolfe\u003c/strong>\u003c/p>\n\u003cp>I think the popularity of Twitter and Facebook speak to the desire people have to be connected. I think that the opportunity to come together face to face is still critically important, particularly for the LGBT community, because so many people did not feel connected and supported growing up. There continues to be an LGBT-specific need for connection and support to each other. \u003c/p>\n\u003cp>\u003cstrong>Joshua Johnson\u003c/strong>\u003c/p>\n\u003cp>What's on your wish list for the next 10 years in terms of hopes for the LGBT center? \u003c/p>\n\u003cp>\u003cstrong>Rebecca Rolfe\u003c/strong>\u003c/p>\n\u003cp>I'd like to see greater resources and an ability to look at cultural programming, and programming that supports strong community values and health and well-being. Things like volunteerism, civic engagement, policy advocacy. \u003c/p>\n\u003cp>\u003cstrong>Joshua Johnson\u003c/strong>\u003c/p>\n\u003cp>I've heard complaints from older LGBT people that the kids today just don't understand why these civic institutions are so important, because they're divorced from some of the more visceral struggles of past decades. Do you have trouble making the case for these kinds of institutions to young people? \u003c/p>\n\u003cp>\u003cstrong>Rebecca Rolfe\u003c/strong>\u003c/p>\n\u003cp>I don't necessarily see that younger people don’t see a need for the center. We work with everybody from seniors who are facing isolation and feeling like they're almost being driven back into the closet by some of the challenges around the invisibility of LGBT seniors, to youth who have come here from other places seeking safety and sanctuary.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>People from all walks of life have very different, clearly articulated needs, and a desire to be connected here. Those look different at different places in your life. But one of the values of the center is we are the place where all those folks come together -- we're the great meeting ground for everyone in the community. At any time we've got going, for example, a youth program having a meal night, a family support group, a support group for seniors, yoga and meditation classes, political clubs -- we've got the full gamut of activities and resources and options.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>The American Foundation for Equal Rights, which is sponsoring the court challenge to Proposition 8, live-streamed Saturday night a Los Angeles reading of \u003cem>8\u003c/em>, Dustin Lance Black's play about the trial in which Judge Vaughn Walker ruled that California's same-sex marriage ban was unconstitutional. The play is made up largely of \u003ca href=\"http://www.afer.org/our-work/hearing-transcripts/page/2/\">transcripts from the trial\u003c/a>. \u003c/p>\n\u003cp>\u003cstrong>\u003ca href=\"http://www.youtube.com/user/AmericanEqualRights/featured?v=qlUG8F9uVgM\">Click here or on the image below to watch a video replay of the play\u003c/a>\u003c/strong>.\u003c/p>\n\u003cp>\u003ca href=\"http://www.youtube.com/user/AmericanEqualRights/featured?v=qlUG8F9uVgM\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/8LA-live-2-300x155.jpg\" alt=\"\" title=\"prop 8 play live Pitt Clooney\" width=\"300\" height=\"155\" class=\"aligncenter size-medium wp-image-58365\">\u003c/a>\u003c/p>\n\u003cdiv style=\"text-align: center\">\u003ca href=\"http://www.youtube.com/user/AmericanEqualRights/featured?v=qlUG8F9uVgM\">\u003cstrong>Watch video replay on YouTube\u003c/strong>\u003c/a>\u003c/div>\n\u003cp>\u003c/p>\n\u003cp>The all-star cast included:\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Brad Pitt as Vaughn Walker\u003cbr>\nGeorge Clooney as plaintiffs' attorney David Boies\u003cbr>\nMartin Sheen as plaintiffs' attorney Theodore Olson\u003cbr>\nChristine Lahti and Jamie Lee Curtis as plaintiffs Kris Perry and Sandy Stier\u003c/p>\n\u003cp>Kevin Bacon, John C Reilly and Jane Lynch also had roles. \u003c/p>\n\u003cp>\u003ca href=\"http://act.afer.org/site/PageServer?pagename=8LALivestreamRSVP\">Full cast here\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Here's director \u003ca href=\"http://www.youtube.com/watch?feature=player_embedded&v=DcGbPqRqS8o\">Rob Reiner talking about the performance\u003c/a>. \"The Prop 8 proponents are still trying to hide what happened at the trial,\" Reiner says, perhaps referring to Prop 8 backers' \u003ca href=\"http://abclocal.go.com/kabc/story?section=news/state&id=8529684\">successful attempt at preventing the release of videotapes from the trial\u003c/a>. \"So we're going to do the exact opposite, we're gonna broadcast it to the entire world.\" \u003c/p>\n\u003cdiv style=\"text-align: center\">\u003ciframe width=\"480\" height=\"274\" src=\"http://www.youtube.com/embed/DcGbPqRqS8o\" frameborder=\"0\">\u003c/iframe>\u003c/div>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The American Foundation for Equal Rights, which is sponsoring the court challenge to Proposition 8, live-streamed Saturday night a Los Angeles reading of \u003cem>8\u003c/em>, Dustin Lance Black's play about the trial in which Judge Vaughn Walker ruled that California's same-sex marriage ban was unconstitutional. The play is made up largely of \u003ca href=\"http://www.afer.org/our-work/hearing-transcripts/page/2/\">transcripts from the trial\u003c/a>. \u003c/p>\n\u003cp>\u003cstrong>\u003ca href=\"http://www.youtube.com/user/AmericanEqualRights/featured?v=qlUG8F9uVgM\">Click here or on the image below to watch a video replay of the play\u003c/a>\u003c/strong>.\u003c/p>\n\u003cp>\u003ca href=\"http://www.youtube.com/user/AmericanEqualRights/featured?v=qlUG8F9uVgM\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/8LA-live-2-300x155.jpg\" alt=\"\" title=\"prop 8 play live Pitt Clooney\" width=\"300\" height=\"155\" class=\"aligncenter size-medium wp-image-58365\">\u003c/a>\u003c/p>\n\u003cdiv style=\"text-align: center\">\u003ca href=\"http://www.youtube.com/user/AmericanEqualRights/featured?v=qlUG8F9uVgM\">\u003cstrong>Watch video replay on YouTube\u003c/strong>\u003c/a>\u003c/div>\n\u003cp>\u003c/p>\n\u003cp>The all-star cast included:\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Brad Pitt as Vaughn Walker\u003cbr>\nGeorge Clooney as plaintiffs' attorney David Boies\u003cbr>\nMartin Sheen as plaintiffs' attorney Theodore Olson\u003cbr>\nChristine Lahti and Jamie Lee Curtis as plaintiffs Kris Perry and Sandy Stier\u003c/p>\n\u003cp>Kevin Bacon, John C Reilly and Jane Lynch also had roles. \u003c/p>\n\u003cp>\u003ca href=\"http://act.afer.org/site/PageServer?pagename=8LALivestreamRSVP\">Full cast here\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Here's director \u003ca href=\"http://www.youtube.com/watch?feature=player_embedded&v=DcGbPqRqS8o\">Rob Reiner talking about the performance\u003c/a>. \"The Prop 8 proponents are still trying to hide what happened at the trial,\" Reiner says, perhaps referring to Prop 8 backers' \u003ca href=\"http://abclocal.go.com/kabc/story?section=news/state&id=8529684\">successful attempt at preventing the release of videotapes from the trial\u003c/a>. \"So we're going to do the exact opposite, we're gonna broadcast it to the entire world.\" \u003c/p>\n\u003cdiv style=\"text-align: center\">\u003ciframe width=\"480\" height=\"274\" src=\"http://www.youtube.com/embed/DcGbPqRqS8o\" frameborder=\"0\">\u003c/iframe>\u003c/div>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Analysis of Prop 8 \u003ci>En Banc\u003c/i> Filing: Proponents Looking For Stronger Dissent to Take to SCOTUS",
"title": "Analysis of Prop 8 \u003ci>En Banc\u003c/i> Filing: Proponents Looking For Stronger Dissent to Take to SCOTUS",
"headTitle": "News Fix | KQED News",
"content": "\u003cfigure id=\"attachment_57193\" class=\"wp-caption alignright\" style=\"max-width: 180px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Prop8Sm.jpg\">\u003cimg class=\"size-full wp-image-57193\" title=\"Prop8Sm\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Prop8Sm.jpg\" alt=\"Prop 8\" width=\"180\" height=\"122\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Protesters at a 2011 hearing on Prop 8. (Photo: Scott Shafer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Proponents of Proposition 8, California's same-sex marriage ban, have asked the 9th Circuit Court of Appeals for an en banc review of a ruling by a three-judge panel upholding a lower court's striking down the law as unconstitutional. \u003c/p>\n\u003cp>An en banc panel is made up of 11 judges, chosen at random from the circuit.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Prop8_EnBanc_Petition.pdf\">Read the petition for an en banc panel here\u003c/a>.\u003c/p>\n\u003cp>Earlier today, KQED's Scott Shafer talked to Hastings law professor Rory Little about the procedure for and the legal strategy behind asking for an en banc panel. Edited transcript \u003c/p>\n\u003cblockquote>\n\u003cp>\u003cstrong>Scott Shafer\u003c/strong>\u003c/p>\n\u003cp>Explain the en banc process. \u003c/p>\n\u003cp>\u003cstrong>Rory Little\u003c/strong> \u003c/p>\n\u003cp>Normally the filing is styled as a petition for a rehearing or for a rehearing en banc. A rehearing by the original panel is not granted very often. It's possible that the original panel either determines that the petitioners have shown an obvious error, so we don't need to go en banc because we can correct it ourselves, or the panel will sometimes adjust their opinion trying to head off an en banc. They're not likely to consider granting a rehearing of their own, but you never know. \u003c/p>\n\u003cp>In a case like this, almost certainly the panel will refer it to the en banc court. It would then go to a judge who's called the en banc coordinator. That coordinator will send it out and say here's a petition for rehearing en banc – and they get a ton of these. But this one will get special attention. \u003c/p>\n\u003cp>A majority of active judges in the circuit needs to grant an en banc hearing. That's 13 votes, which is very hard to get in a circuit that has 7,000 – 8,000 appeals filed a year. They grant maybe 15-20 en bancs a year.\u003c/p>\n\u003caside class=\"pullquote alignleft\">I think [Prop 8 proponents] are pretty disappointed with Judge Smith's dissent, which was not a ringing Scalia-like forceful \"this is wrong.\" It was more like \"we should be cautious, although there are a lot of good points here.\"\u003c/aside>\n\u003cp>The Supreme Court has said more than once that the 9th circuit ought to use its en banc power to clear up problematic decisions before the cases get to us. Then there are other judges who believe that if a case is an outlier, it's the Supreme Court's job to clear it up, not the en banc court. \u003c/p>\n\u003cp>Here's the kind of case that's always granted en banc: a case in which different panels of the 9th circuit have reached opposite conclusions, meaning an intra-circuit conflict. This case is not going to have any intra-circuit conflicts associated with it. The other kind of case is an inter-circuit conflict, where the opinion of the panel conflicts with opinions from other circuits. \u003c/p>\n\u003cp>The Prop 8 backers will assert that the panel's opinion conflicts with Supreme Court authority. The other thing they'll say is this is a matter of exceptional importance, even though it's a California case, because it's a huge state and also because parts of the panel's opinion cannot be limited to California. For example, the panel's rejecting the pro-Prop 8 rationale for the law as not having a rational basis is not restricted to California. That rational basis analysis, you would think, applies to virtually any gay rights case. \u003c/p>\n\u003cp>There are judges on the circuit who believe that if there's an inter-circuit conflict, that's not a job for the en banc court, it's a job for the Supreme Court. But the Supreme Court, frankly, believes that 9th circuit panels generate more outlier decisions, and that a number of decisions every year are obviously incorrect. So they think these cases should be handled by the circuit en banc and not by the Supreme Court in a summary reversal. Every year a large number of summary reversals by the Supreme Court are from the 9th circuit. \u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>Scott Shafer\u003c/strong>\u003c/p>\n\u003cp>What’s the legal strategy in asking for an en banc panel? The en banc panel is chosen at random, so it's a bit of a crapshoot, isn't it?\u003c/p>\n\u003cp>\u003cstrong>Rory Little\u003c/strong>\u003c/p>\n\u003cp>The strategy is that if they ask for en banc and it's denied, then in a sense they've exhausted all the remedies, and it makes it a slightly stronger case for Supreme Court review. Because the Supreme Court often says 'why didn't you ask for an en banc hearing?' \u003c/p>\n\u003cp>Secondly, my guess is they believe they would do better if the right judges were put on the en banc panel. If they get \u003ca href=\"http://www.fjc.gov/servlet/nGetInfo?jid=1803&cid=999&ctype=na&instate=na\">O`Scannlain\u003c/a> or \u003ca href=\"http://www.fjc.gov/servlet/nGetInfo?jid=2981&cid=999&ctype=na&instate=na\">Bybee\u003c/a> or \u003ca href=\"http://www.fjc.gov/servlet/nGetInfo?jid=3121&cid=999&ctype=na&instate=na\">Ikuta\u003c/a> my guess is they might get a stronger dissent. \u003c/p>\n\u003cp>I think they're pretty disappointed with Judge Smith's dissent, which was not a ringing Scalia-like forceful \"this is wrong.\" It was more like \"we should be cautious, although there are a lot of good points here.\" \u003c/p>\n\u003cp>Here's the best result for proponents: They don't get enough votes for en banc, but they get a forceful dissent from the denial of en banc from O`Scannlain and Bybee and whoever they can pick up, which they can then use as their petition to the Supreme Court. Bybee and O`Scannlain have had a number of cases granted in the last five years from their dissents from en banc. Those guys are in the business of writing cert petitions, basically. And they're powerful writers. \u003c/p>\n\u003cp>\u003cstrong>Scott Shafer\u003c/strong>\u003c/p>\n\u003cp>In terms of timing, do new briefs have to be filed with the en banc panel?\u003c/p>\n\u003cp>\u003cstrong>Rory Little\u003c/strong>\u003c/p>\n\u003cp>They do not have to have a second round of briefing. There are circuits that routinely do en banc without new briefs being filed. The 9th Circuit has tended to ask for a new en banc briefing, because sometimes the cases on which they grant en banc haven't been briefed very well, frankly. But that's hard to say in this case. \u003c/p>\n\u003cp>There will be people really strategically maneuvering within the court on this one, on both sides. There is an argument that says, fine, let's re-hear it en banc, and now we'll get eight judges to say it's unconstitutional instead of just two.\n \u003c/p>\u003c/blockquote>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_57193\" class=\"wp-caption alignright\" style=\"max-width: 180px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Prop8Sm.jpg\">\u003cimg class=\"size-full wp-image-57193\" title=\"Prop8Sm\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Prop8Sm.jpg\" alt=\"Prop 8\" width=\"180\" height=\"122\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Protesters at a 2011 hearing on Prop 8. (Photo: Scott Shafer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Proponents of Proposition 8, California's same-sex marriage ban, have asked the 9th Circuit Court of Appeals for an en banc review of a ruling by a three-judge panel upholding a lower court's striking down the law as unconstitutional. \u003c/p>\n\u003cp>An en banc panel is made up of 11 judges, chosen at random from the circuit.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Prop8_EnBanc_Petition.pdf\">Read the petition for an en banc panel here\u003c/a>.\u003c/p>\n\u003cp>Earlier today, KQED's Scott Shafer talked to Hastings law professor Rory Little about the procedure for and the legal strategy behind asking for an en banc panel. Edited transcript \u003c/p>\n\u003cblockquote>\n\u003cp>\u003cstrong>Scott Shafer\u003c/strong>\u003c/p>\n\u003cp>Explain the en banc process. \u003c/p>\n\u003cp>\u003cstrong>Rory Little\u003c/strong> \u003c/p>\n\u003cp>Normally the filing is styled as a petition for a rehearing or for a rehearing en banc. A rehearing by the original panel is not granted very often. It's possible that the original panel either determines that the petitioners have shown an obvious error, so we don't need to go en banc because we can correct it ourselves, or the panel will sometimes adjust their opinion trying to head off an en banc. They're not likely to consider granting a rehearing of their own, but you never know. \u003c/p>\n\u003cp>In a case like this, almost certainly the panel will refer it to the en banc court. It would then go to a judge who's called the en banc coordinator. That coordinator will send it out and say here's a petition for rehearing en banc – and they get a ton of these. But this one will get special attention. \u003c/p>\n\u003cp>A majority of active judges in the circuit needs to grant an en banc hearing. That's 13 votes, which is very hard to get in a circuit that has 7,000 – 8,000 appeals filed a year. They grant maybe 15-20 en bancs a year.\u003c/p>\n\u003caside class=\"pullquote alignleft\">I think [Prop 8 proponents] are pretty disappointed with Judge Smith's dissent, which was not a ringing Scalia-like forceful \"this is wrong.\" It was more like \"we should be cautious, although there are a lot of good points here.\"\u003c/aside>\n\u003cp>The Supreme Court has said more than once that the 9th circuit ought to use its en banc power to clear up problematic decisions before the cases get to us. Then there are other judges who believe that if a case is an outlier, it's the Supreme Court's job to clear it up, not the en banc court. \u003c/p>\n\u003cp>Here's the kind of case that's always granted en banc: a case in which different panels of the 9th circuit have reached opposite conclusions, meaning an intra-circuit conflict. This case is not going to have any intra-circuit conflicts associated with it. The other kind of case is an inter-circuit conflict, where the opinion of the panel conflicts with opinions from other circuits. \u003c/p>\n\u003cp>The Prop 8 backers will assert that the panel's opinion conflicts with Supreme Court authority. The other thing they'll say is this is a matter of exceptional importance, even though it's a California case, because it's a huge state and also because parts of the panel's opinion cannot be limited to California. For example, the panel's rejecting the pro-Prop 8 rationale for the law as not having a rational basis is not restricted to California. That rational basis analysis, you would think, applies to virtually any gay rights case. \u003c/p>\n\u003cp>There are judges on the circuit who believe that if there's an inter-circuit conflict, that's not a job for the en banc court, it's a job for the Supreme Court. But the Supreme Court, frankly, believes that 9th circuit panels generate more outlier decisions, and that a number of decisions every year are obviously incorrect. So they think these cases should be handled by the circuit en banc and not by the Supreme Court in a summary reversal. Every year a large number of summary reversals by the Supreme Court are from the 9th circuit. \u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>Scott Shafer\u003c/strong>\u003c/p>\n\u003cp>What’s the legal strategy in asking for an en banc panel? The en banc panel is chosen at random, so it's a bit of a crapshoot, isn't it?\u003c/p>\n\u003cp>\u003cstrong>Rory Little\u003c/strong>\u003c/p>\n\u003cp>The strategy is that if they ask for en banc and it's denied, then in a sense they've exhausted all the remedies, and it makes it a slightly stronger case for Supreme Court review. Because the Supreme Court often says 'why didn't you ask for an en banc hearing?' \u003c/p>\n\u003cp>Secondly, my guess is they believe they would do better if the right judges were put on the en banc panel. If they get \u003ca href=\"http://www.fjc.gov/servlet/nGetInfo?jid=1803&cid=999&ctype=na&instate=na\">O`Scannlain\u003c/a> or \u003ca href=\"http://www.fjc.gov/servlet/nGetInfo?jid=2981&cid=999&ctype=na&instate=na\">Bybee\u003c/a> or \u003ca href=\"http://www.fjc.gov/servlet/nGetInfo?jid=3121&cid=999&ctype=na&instate=na\">Ikuta\u003c/a> my guess is they might get a stronger dissent. \u003c/p>\n\u003cp>I think they're pretty disappointed with Judge Smith's dissent, which was not a ringing Scalia-like forceful \"this is wrong.\" It was more like \"we should be cautious, although there are a lot of good points here.\" \u003c/p>\n\u003cp>Here's the best result for proponents: They don't get enough votes for en banc, but they get a forceful dissent from the denial of en banc from O`Scannlain and Bybee and whoever they can pick up, which they can then use as their petition to the Supreme Court. Bybee and O`Scannlain have had a number of cases granted in the last five years from their dissents from en banc. Those guys are in the business of writing cert petitions, basically. And they're powerful writers. \u003c/p>\n\u003cp>\u003cstrong>Scott Shafer\u003c/strong>\u003c/p>\n\u003cp>In terms of timing, do new briefs have to be filed with the en banc panel?\u003c/p>\n\u003cp>\u003cstrong>Rory Little\u003c/strong>\u003c/p>\n\u003cp>They do not have to have a second round of briefing. There are circuits that routinely do en banc without new briefs being filed. The 9th Circuit has tended to ask for a new en banc briefing, because sometimes the cases on which they grant en banc haven't been briefed very well, frankly. But that's hard to say in this case. \u003c/p>\n\u003cp>There will be people really strategically maneuvering within the court on this one, on both sides. There is an argument that says, fine, let's re-hear it en banc, and now we'll get eight judges to say it's unconstitutional instead of just two.\n \u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>The \u003ca href=\"http://www.aidsquilt.org/\">AIDS Memorial Quilt\u003c/a> has returned to San Francisco for its largest showing in over a decade. A part of the Names Project Foundation, each quilt, made by loved ones of the deceased, is twelve-by-twelve feet and constructed of three-by-six feet panels — sized to reflect the length and width of a grave.\u003c/p>\n\u003cfigure id=\"attachment_56419\" class=\"wp-caption alignright\" style=\"max-width: 330px\">\u003ca href=\"http://www.aidsquilt.org/\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-56419\" title=\"AIDSquiltSM\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/AIDSquiltSM1.jpg\" alt=\"\" width=\"330\" height=\"157\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Photo: The Names Project, AIDS Memorial Quilt\u003c/figcaption>\u003c/figure>\n\u003cp>Kelly Rivera Hart, a volunteer with the project, said it aims to put a name and a history to the victims of AIDS, driving home the reality of the epidemic.\u003c/p>\n\u003cp>“There’s a thinking to this day that AIDS is only a gay disease, or it’s only for people in Africa or Russia or India, and that’s not true,” Rivera said. “It’s a virus that is transmitted through blood or through body liquids, no matter who you are.”\u003c/p>\n\u003cp>San Francisco LGBT groups that contributed to the quilt include the San Francisco Gay Men’s Chorus, the Sisters of Perpetual Indulgence, and the San Francisco Gay Softball League.\u003c/p>\n\u003cp>The Sisters of Perpetual Indulgence designed a giant sun, with the names of past sisters written on the rays, some intentionally left blank in recognition of the virus’ continued effect on the community.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Gert McMullin, one of the original volunteers and quilt-sewers, said the project has always been about activism as much as it is about memorial.\u003c/p>\n\u003cp>“At first we were making the panels so that we could lay our dead down in front of the White House, so that they would do something about it,” McMullin said.\u003c/p>\n\u003cp>McMullin has personally contributed a panel in remembrance of her close friend, Joey. A letter addressed to him and read at his memorial fills the black fabric, a picture of him placed in a corner. She said the quilt has not necessarily healed her, but it’s helped her move on.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The quilts will be on display at several locations in the Castro through February 20th. \u003ca href=\"http://www.aidsquilt.org/view-the-quilt/display-schedule\">Schedule and locations here\u003c/a>.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The \u003ca href=\"http://www.aidsquilt.org/\">AIDS Memorial Quilt\u003c/a> has returned to San Francisco for its largest showing in over a decade. A part of the Names Project Foundation, each quilt, made by loved ones of the deceased, is twelve-by-twelve feet and constructed of three-by-six feet panels — sized to reflect the length and width of a grave.\u003c/p>\n\u003cfigure id=\"attachment_56419\" class=\"wp-caption alignright\" style=\"max-width: 330px\">\u003ca href=\"http://www.aidsquilt.org/\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-56419\" title=\"AIDSquiltSM\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/AIDSquiltSM1.jpg\" alt=\"\" width=\"330\" height=\"157\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Photo: The Names Project, AIDS Memorial Quilt\u003c/figcaption>\u003c/figure>\n\u003cp>Kelly Rivera Hart, a volunteer with the project, said it aims to put a name and a history to the victims of AIDS, driving home the reality of the epidemic.\u003c/p>\n\u003cp>“There’s a thinking to this day that AIDS is only a gay disease, or it’s only for people in Africa or Russia or India, and that’s not true,” Rivera said. “It’s a virus that is transmitted through blood or through body liquids, no matter who you are.”\u003c/p>\n\u003cp>San Francisco LGBT groups that contributed to the quilt include the San Francisco Gay Men’s Chorus, the Sisters of Perpetual Indulgence, and the San Francisco Gay Softball League.\u003c/p>\n\u003cp>The Sisters of Perpetual Indulgence designed a giant sun, with the names of past sisters written on the rays, some intentionally left blank in recognition of the virus’ continued effect on the community.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Gert McMullin, one of the original volunteers and quilt-sewers, said the project has always been about activism as much as it is about memorial.\u003c/p>\n\u003cp>“At first we were making the panels so that we could lay our dead down in front of the White House, so that they would do something about it,” McMullin said.\u003c/p>\n\u003cp>McMullin has personally contributed a panel in remembrance of her close friend, Joey. A letter addressed to him and read at his memorial fills the black fabric, a picture of him placed in a corner. She said the quilt has not necessarily healed her, but it’s helped her move on.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The quilts will be on display at several locations in the Castro through February 20th. \u003ca href=\"http://www.aidsquilt.org/view-the-quilt/display-schedule\">Schedule and locations here\u003c/a>.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>The SFPD has come out with its own \"It Gets Better\" \u003ca href=\"http://www.youtube.com/watch?v=6RMunYfzlGs&feature=player_embedded\">video\u003c/a>.\u003c/p>\n\u003cdiv style=\"text-align: center\">\u003ciframe width=\"480\" height=\"274\" src=\"http://www.youtube.com/embed/6RMunYfzlGs\" frameborder=\"0\">\u003c/iframe>\u003c/div>\n\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"http://www.itgetsbetter.org/\">It Gets Better\u003c/a> is the brainchild of columnist Dan Savage and his partner, who a couple of years ago, in the midst of a series of tragedies involving harassed LGBT teenagers, created a \u003ca href=\"http://www.youtube.com/watch?v=7IcVyvg2Qlo\">YouTube video\u003c/a> recounting their experiences as teen victims of gay bullying, and offering hope to those currently suffering.\u003c/p>\n\u003cp>The video took off and became the genesis of a widespread anti-harassment campaign in which people posted their own messages of encouragement. Politicians such as Nancy Pelosi, Hillary Clinton, and even President Obama submitted videos. Last year, the San Francisco Giants became the first pro sports team to \u003ca href=\"http://ww2.kqed.org/news/2011/06/01/watch-the-giants-it-gets-better-video/\">create one\u003c/a>. \u003c/p>\n\u003cp>The SFPD says it's \"the first and only Police Department in the country to produce a video for the campaign.\" \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The SFPD has come out with its own \"It Gets Better\" \u003ca href=\"http://www.youtube.com/watch?v=6RMunYfzlGs&feature=player_embedded\">video\u003c/a>.\u003c/p>\n\u003cdiv style=\"text-align: center\">\u003ciframe width=\"480\" height=\"274\" src=\"http://www.youtube.com/embed/6RMunYfzlGs\" frameborder=\"0\">\u003c/iframe>\u003c/div>\n\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"http://www.itgetsbetter.org/\">It Gets Better\u003c/a> is the brainchild of columnist Dan Savage and his partner, who a couple of years ago, in the midst of a series of tragedies involving harassed LGBT teenagers, created a \u003ca href=\"http://www.youtube.com/watch?v=7IcVyvg2Qlo\">YouTube video\u003c/a> recounting their experiences as teen victims of gay bullying, and offering hope to those currently suffering.\u003c/p>\n\u003cp>The video took off and became the genesis of a widespread anti-harassment campaign in which people posted their own messages of encouragement. Politicians such as Nancy Pelosi, Hillary Clinton, and even President Obama submitted videos. Last year, the San Francisco Giants became the first pro sports team to \u003ca href=\"http://ww2.kqed.org/news/2011/06/01/watch-the-giants-it-gets-better-video/\">create one\u003c/a>. \u003c/p>\n\u003cp>The SFPD says it's \"the first and only Police Department in the country to produce a video for the campaign.\" \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "Prop 8 Ruling Legal Analysis: Decision Made With Eye Toward Warding Off Supreme Court",
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"content": "\u003cfigure id=\"attachment_55730\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop8SM.gif\">\u003cimg class=\"size-medium wp-image-55730\" title=\"prop8SM\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop8SM-300x200.gif\" alt=\"\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Same-sex marriage supporters march after today's ruling (Don Clyde/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>UC Davis law professor Vik Amar analyzed the 9th Circuit's Prop 8 ruling in an interview with KQED's Scott Shafer today.\u003c/p>\n\u003cp>Amar's take: The two judges in the majority, Stephen Reinhardt and Michael Hawkins, may have tailored their decision in the narrowest way possible -- applying only to California -- so as to give the ruling the best possible chance of \u003cem>not\u003c/em> being taken up by the U.S. Supreme Court. Amar also said if history is any guide, the more states that legalize same-sex marriage, the more inclined the Supreme Court may be to make it a federal right applicable across the country.\u003c/p>\n\u003cp>Here's an edited transcript...\u003c/p>\n\u003cp>\u003cstrong>What's your initial take on the ruling? \u003c/strong>\u003c/p>\n\u003cp>I think the two judges making up the majority tried to write the opinion narrowly and probably did so because they were trying to minimize the interest of the Supreme Court in taking the case at the next level.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>If they'd written an opinion that struck down bans on gay marriage not just in California but in all the states covered by the 9th Circuit, the Supreme Court would almost have to step in to resolve the matter one way or the other, because you would have had a very different federal rights regime west of the Rockies vs. the rest of country.\u003c/p>\n\u003cp>But by limiting the ruling and the reasoning to California and to Proposition 8, the Ninth Circuit judges at least give the Supreme Court an excuse not to step in.\u003c/p>\n\u003cp>Today's ruling is monumental in a lot of respects: This is the first federal appellate ruling that holds there is a federal right to same-sex marriage, no matter how narrow the reasoning might be. That alone coupled with California's size and prominence may lead the Supreme Court to feel they have to weigh in. But as important as California is, it's still one state. If the decision had affected nine states rather than one, it would have been bigger still.\u003c/p>\n\u003cp>But there was no way the 9th circuit was going to rule for the plaintiffs and not create a significant risk that the Supreme Court would step in. The question wasn't whether the Supreme Court had its eye on this case, the question was how do you minimize that, and I think they tried to do that by keeping the reasoning specific to California.\u003c/p>\n\u003cp>That may not work. The Prop 8 proponents may end up convincing the Supreme Court that this is a big ruling that needs to be dealt with, even though it affects California only.\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>In terms of dissent from Judge Smith, who said he isn't convinced there \u003cem>isn't\u003c/em> a rational reason to limit marriage to heterosexuals, what impact might that have on the Supreme Court or on a possible Ninth Circuit \u003ca href=\"http://en.wikipedia.org/wiki/En_banc\">en banc panel\u003c/a>?\u003c/strong>\u003c/p>\n\u003cp>I'm not sure the dissent is going to influence many people on the Ninth Circuit or on the Supreme Court. This matter is important and has been in the news so much that a lot of judges on both courts probably have their own views.\u003c/p>\n\u003cp>And a lot of people who might agree with Judge Smith that Prop 8 is not unconstitutional would have written a very different dissent, stressing different issues. Judge Smith stressed procreation and child rearing, other people might stress how it should be permissible for states to proceed incrementally and with caution, and that you don't want too much social change too quickly. For some backers of same-sex marriage, that's a more plausible line of defense.\u003c/p>\n\u003cp>So I'm not sure the particulars of what Judge Smith said in his defense will affect anybody, but it is a reminder that this is the kind of dispute where you're unlikely to have unanimity on any court.\u003c/p>\n\u003cp>\u003cstrong>Washington state \u003ca href=\"http://www.usatoday.com/news/nation/story/2012-02-06/washington-gay-marriage-bill/52994722/1\">may soon legalize gay marriage\u003c/a>. The senate has passed it; the governor says she'll sign it. What effect does the politics of same-sex marriage have on the ultimate resolution of this case legally?\u003c/strong>\u003c/p>\n\u003cp>I think that the larger political backdrop has an enormous effect. Whether the Supreme Court always admits it or not –- and sometimes they do —- federal constitutional rights are easier to defend when there is a broad or emerging national consensus on them.\u003c/p>\n\u003cp>This is not to say that minorities should be deprived of their basic liberties simply because they haven't convinced the entire country that they're being treated unfairly. But when you do have social movements that reflect a broader national trend line, there are justices on the Supreme Court who will feel more comfortable saying what was a regional trend is now national, so they will feel more disposed to deem it a national right.\u003c/p>\n\u003cp>For Justice Kennedy, for instance, to embrace gay marriage as a federal right when five states or seven states have recognized it is different than if a dozen or 20 states have.\u003c/p>\n\u003cp>One area in which the Supreme Court does this explicitly is the Cruel and Unusual punishment clause of the 8th Amendment. What counts as cruel and unusual depends on how many states do the same thing.\u003c/p>\n\u003cp>In the most famous Supreme Court same-sex case to date, \u003ca href=\"http://www.oyez.org/cases/2000-2009/2002/2002_02_102\">Lawrence vs. Texas\u003c/a>, in which the court struck down a law that made it a crime to engage in any same-sex conduct, I think it mattered a great deal that Texas was an outlier.\u003c/p>\n\u003cp>There's a famous case from Colorado that Judge Reinhardt leaned on in his opinion today, \u003ca href=\"http://www.oyez.org/cases/1990-1999/1995/1995_94_1039\">Romer v. Evans\u003c/a>, where the Supreme Court struck down a mean-spirited measure in Colorado that visited discrimination on gays and lesbians. In Justice Kennedy invalidating that measure, he highlighted that Colorado was an outlier, was doing something unusual.\u003c/p>\n\u003cp>So the more states that recognize same-sex marriage and the more that becomes the trend line, the more that those states who don't recognize it start to look like laggards.\u003c/p>\n\u003cp>\u003cstrong>Thinking back to \u003ca href=\"http://www.oyez.org/cases/1950-1959/1952/1952_1/\">Brown v. Board of Ed\u003c/a> on segregation and \u003ca href=\"http://www.oyez.org/cases/1960-1969/1966/1966_395\">Loving v. Virginia\u003c/a> on interracial marriage, how would you compare the public mood about those issues versus the way the public feels now about gay marriage? \u003c/strong>\u003c/p>\n\u003cp>I think it mattered a lot in Loving v. Virginia that a lot of states in the years leading up to 1967 had become more liberal with respect to interracial marriage.\u003c/p>\n\u003cp>The California Supreme Court recognized interracial marriage decades before the Supreme Court in Loving, but in that intervening period a number of other states followed California's lead. So by the time the Supreme Court determined interracial marriage to be a national right in 1967, the trend line was clear and states that resisted begun to look like outliers. Brown vs. Board of Ed is a little different because you still had a big bloc of states that were adamant in not wanting to desegregate, so that was more regionalized.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>With regard to same-sex marriage, it's been legalized mostly on the coasts, though you also have a state like Iowa that recognized it as well, albeit under a lot of controversy. But I do think these cases underscore that it's easier for the Supreme Court to take a step in recognizing a national right when that right is winning recognition in different parts of the country.\u003c/p>\n\n",
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"description": "UC Davis law professor Vik Amar analyzed the 9th Circuit's Prop 8 ruling in an interview with KQED's Scott Shafer today. Amar's take: The two judges in the majority, Stephen Reinhardt and Michael Hawkins, may have tailored their decision in the narrowest way possible -- applying only to California -- so as to give the",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_55730\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop8SM.gif\">\u003cimg class=\"size-medium wp-image-55730\" title=\"prop8SM\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop8SM-300x200.gif\" alt=\"\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Same-sex marriage supporters march after today's ruling (Don Clyde/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>UC Davis law professor Vik Amar analyzed the 9th Circuit's Prop 8 ruling in an interview with KQED's Scott Shafer today.\u003c/p>\n\u003cp>Amar's take: The two judges in the majority, Stephen Reinhardt and Michael Hawkins, may have tailored their decision in the narrowest way possible -- applying only to California -- so as to give the ruling the best possible chance of \u003cem>not\u003c/em> being taken up by the U.S. Supreme Court. Amar also said if history is any guide, the more states that legalize same-sex marriage, the more inclined the Supreme Court may be to make it a federal right applicable across the country.\u003c/p>\n\u003cp>Here's an edited transcript...\u003c/p>\n\u003cp>\u003cstrong>What's your initial take on the ruling? \u003c/strong>\u003c/p>\n\u003cp>I think the two judges making up the majority tried to write the opinion narrowly and probably did so because they were trying to minimize the interest of the Supreme Court in taking the case at the next level.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>If they'd written an opinion that struck down bans on gay marriage not just in California but in all the states covered by the 9th Circuit, the Supreme Court would almost have to step in to resolve the matter one way or the other, because you would have had a very different federal rights regime west of the Rockies vs. the rest of country.\u003c/p>\n\u003cp>But by limiting the ruling and the reasoning to California and to Proposition 8, the Ninth Circuit judges at least give the Supreme Court an excuse not to step in.\u003c/p>\n\u003cp>Today's ruling is monumental in a lot of respects: This is the first federal appellate ruling that holds there is a federal right to same-sex marriage, no matter how narrow the reasoning might be. That alone coupled with California's size and prominence may lead the Supreme Court to feel they have to weigh in. But as important as California is, it's still one state. If the decision had affected nine states rather than one, it would have been bigger still.\u003c/p>\n\u003cp>But there was no way the 9th circuit was going to rule for the plaintiffs and not create a significant risk that the Supreme Court would step in. The question wasn't whether the Supreme Court had its eye on this case, the question was how do you minimize that, and I think they tried to do that by keeping the reasoning specific to California.\u003c/p>\n\u003cp>That may not work. The Prop 8 proponents may end up convincing the Supreme Court that this is a big ruling that needs to be dealt with, even though it affects California only.\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>In terms of dissent from Judge Smith, who said he isn't convinced there \u003cem>isn't\u003c/em> a rational reason to limit marriage to heterosexuals, what impact might that have on the Supreme Court or on a possible Ninth Circuit \u003ca href=\"http://en.wikipedia.org/wiki/En_banc\">en banc panel\u003c/a>?\u003c/strong>\u003c/p>\n\u003cp>I'm not sure the dissent is going to influence many people on the Ninth Circuit or on the Supreme Court. This matter is important and has been in the news so much that a lot of judges on both courts probably have their own views.\u003c/p>\n\u003cp>And a lot of people who might agree with Judge Smith that Prop 8 is not unconstitutional would have written a very different dissent, stressing different issues. Judge Smith stressed procreation and child rearing, other people might stress how it should be permissible for states to proceed incrementally and with caution, and that you don't want too much social change too quickly. For some backers of same-sex marriage, that's a more plausible line of defense.\u003c/p>\n\u003cp>So I'm not sure the particulars of what Judge Smith said in his defense will affect anybody, but it is a reminder that this is the kind of dispute where you're unlikely to have unanimity on any court.\u003c/p>\n\u003cp>\u003cstrong>Washington state \u003ca href=\"http://www.usatoday.com/news/nation/story/2012-02-06/washington-gay-marriage-bill/52994722/1\">may soon legalize gay marriage\u003c/a>. The senate has passed it; the governor says she'll sign it. What effect does the politics of same-sex marriage have on the ultimate resolution of this case legally?\u003c/strong>\u003c/p>\n\u003cp>I think that the larger political backdrop has an enormous effect. Whether the Supreme Court always admits it or not –- and sometimes they do —- federal constitutional rights are easier to defend when there is a broad or emerging national consensus on them.\u003c/p>\n\u003cp>This is not to say that minorities should be deprived of their basic liberties simply because they haven't convinced the entire country that they're being treated unfairly. But when you do have social movements that reflect a broader national trend line, there are justices on the Supreme Court who will feel more comfortable saying what was a regional trend is now national, so they will feel more disposed to deem it a national right.\u003c/p>\n\u003cp>For Justice Kennedy, for instance, to embrace gay marriage as a federal right when five states or seven states have recognized it is different than if a dozen or 20 states have.\u003c/p>\n\u003cp>One area in which the Supreme Court does this explicitly is the Cruel and Unusual punishment clause of the 8th Amendment. What counts as cruel and unusual depends on how many states do the same thing.\u003c/p>\n\u003cp>In the most famous Supreme Court same-sex case to date, \u003ca href=\"http://www.oyez.org/cases/2000-2009/2002/2002_02_102\">Lawrence vs. Texas\u003c/a>, in which the court struck down a law that made it a crime to engage in any same-sex conduct, I think it mattered a great deal that Texas was an outlier.\u003c/p>\n\u003cp>There's a famous case from Colorado that Judge Reinhardt leaned on in his opinion today, \u003ca href=\"http://www.oyez.org/cases/1990-1999/1995/1995_94_1039\">Romer v. Evans\u003c/a>, where the Supreme Court struck down a mean-spirited measure in Colorado that visited discrimination on gays and lesbians. In Justice Kennedy invalidating that measure, he highlighted that Colorado was an outlier, was doing something unusual.\u003c/p>\n\u003cp>So the more states that recognize same-sex marriage and the more that becomes the trend line, the more that those states who don't recognize it start to look like laggards.\u003c/p>\n\u003cp>\u003cstrong>Thinking back to \u003ca href=\"http://www.oyez.org/cases/1950-1959/1952/1952_1/\">Brown v. Board of Ed\u003c/a> on segregation and \u003ca href=\"http://www.oyez.org/cases/1960-1969/1966/1966_395\">Loving v. Virginia\u003c/a> on interracial marriage, how would you compare the public mood about those issues versus the way the public feels now about gay marriage? \u003c/strong>\u003c/p>\n\u003cp>I think it mattered a lot in Loving v. Virginia that a lot of states in the years leading up to 1967 had become more liberal with respect to interracial marriage.\u003c/p>\n\u003cp>The California Supreme Court recognized interracial marriage decades before the Supreme Court in Loving, but in that intervening period a number of other states followed California's lead. So by the time the Supreme Court determined interracial marriage to be a national right in 1967, the trend line was clear and states that resisted begun to look like outliers. Brown vs. Board of Ed is a little different because you still had a big bloc of states that were adamant in not wanting to desegregate, so that was more regionalized.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>With regard to same-sex marriage, it's been legalized mostly on the coasts, though you also have a state like Iowa that recognized it as well, albeit under a lot of controversy. But I do think these cases underscore that it's easier for the Supreme Court to take a step in recognizing a national right when that right is winning recognition in different parts of the country.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "Appeals Court Upholds Vaughn Walker Ruling Invalidating Prop. 8",
"headTitle": "Appeals Court Upholds Vaughn Walker Ruling Invalidating Prop. 8 | KQED",
"content": "\u003cp>The 9th Circuit Court of Appeals has upheld Judge Vaughn Walker’s ruling invalidating Proposition 8, California’s same-sex marriage ban.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cul>\n\u003cli>\u003ca href=\"http://www.kqed.org/a/radiospecials/R201202071800\">\u003cstrong>Listen to KQED News Prop 8 special\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/02/07/read-the-full-prop-8-ruling-and-key-passages/\">\u003cstrong>Read the ruling and key passages\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/02/07/prop-8-appeals-court-decision/#twitter\">\u003cstrong>Reaction on Twitter\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/02/07/prop-8-ruling-legal-analysis-decision-was-made-with-eye-toward-supreme-court/\">\u003cstrong>Legal analysis\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.flickr.com/photos/kqedradio/sets/72157629218649235/\">\u003cstrong>Photos\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>The federal appeals court has declared California’s same-sex marriage ban to be unconstitutional, paving the way for a likely U.S. Supreme Court showdown on the voter-approved law. A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco ruled 2-1 Tuesday that Walker, a lower-court judge, interpreted the U.S. Constitution correctly in 2010 when he declared Proposition 8 to be a violation of the civil rights of gays and lesbians.\u003c/p>\n\u003cfigure id=\"attachment_55643\" class=\"wp-caption alignleft\" style=\"max-width: 225px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop81.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-55643\" title=\"prop81\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop81-300x224.jpg\" alt=\"\" width=\"225\" height=\"168\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">At an anti-Prop 8 rally before the hearing. (Scott Shafer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The measure, which passed with 52 percent of the vote in 2008, outlawed same-sex unions just five months after they became legal in the state.\u003c/p>\n\u003cp>Lawyers for Proposition 8 sponsors and for two couples who sued to overturn the ban have said they would appeal to the Supreme Court if they did not receive a favorable ruling from the 9th Circuit.\u003c/p>\n\u003cp>A stay on same-sex marriage remains in effect.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>A key passage from the ruling:\u003c/p>\n\u003cp>“Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples.”\u003c/p>\n\u003cp>Earlier today, KQED’s Scott Shafer reported from outside the court on 7th and Mission in San Francisco:\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cp>The decision was a narrow one, focusing on the proposition itself and the fact that California voters withdrew a right that had existed before Prop 8 was passed.\u003c/p>\n\u003c/aside>\n\u003cp>“Several dozen mostly supporters of same-sex marriage had gathered in front of the court awaiting the decision. A \u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop8whoop.mp3\">whoop went up from the crowd\u003c/a> almost instantaneously when it was released, accompanied by honking horns from passing motorists.\u003c/p>\n\u003cp>The panel of judges that made the ruling is ideologically diverse, with two having been appointed by Democrats and the third by George W. Bush. That judge, N. Randy Smith, dissented, asserting that he just wasn’t convinced that Prop 8 doesn’t have a rationally related reason attached to it.\u003c/p>\n\u003cp>The fact that it’s not unanimous makes it a little more likely that Prop 8 backers can go to the 9th Circuit and ask for an en banc review, made up of a larger panel of 11 judges. That would delay the case from going to the U.S. Supreme Court by possibly up to a year. The losing side has 14 days to decide whether to petition the court for such a review.\u003c/p>\n\u003cp>One of the unknowns before the decision was whether the ruling would be a broad, having national significance, or a narrower one that focused on Prop 8 in California. The decision was a narrow one, focusing on the proposition itself and the fact that California voters withdrew a right that had existed before Prop 8 was passed. The narrower ruling might make it a little less likely that the Supreme Court would take the case up, but that remains to be seen.”\u003cbr>\n\u003c!--more-->\u003c/p>\n\u003cp>On two ancillary issues, whether Prop 8 proponents have standing to defend the law in court, and whether Judge Vaughn Walker should have recused himself because of his own long-term same-sex relationship, the court was in unanimous agreement. It ruled that proponents do have the legal right to defend a proposition in court, and that Walker’s same-sex relationship did not require his recusal.\u003c/p>\n\u003cp>The National Organization For Marriage, the main group supporting Proposition 8, has \u003ca href=\"http://www.nationformarriage.org/site/apps/nlnet/content2.aspx?c=omL2KeN0LzH&b=5134145&ct=11622743¬oc=1\">condemned the ruling\u003c/a>. From the press release:\u003c/p>\n\u003cblockquote>\u003cp>“As sweeping and wrong-headed as this decision is, it nonetheless was as predictable as the outcome of a Harlem Globetrotters exhibition game,” said Brian Brown, NOM’s president. “We have anticipated this outcome since the moment San Francisco Judge Vaughn Walker’s first hearing in the case. Now we have the field cleared to take this issue to the US Supreme Court, where we have every confidence we will prevail.”\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Update 5:07 p.m.\u003c/strong>\u003c/p>\n\u003cp>\u003ca href=\"https://twitter.com/#!/newtgingrich/status/166956181204647936\">Newt Gingrich’s Twitter response\u003c/a>:\u003c/p>\n\u003cp>https://twitter.com/#!/newtgingrich/status/166956181204647936\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>And from Mitt Romney, per the \u003ca href=\"http://www.washingtonpost.com/blogs/plum-line/post/on-gay-marriage-mitt-romney-veers-hard-to-the-right/2012/02/07/gIQALE48wQ_blog.html\">Washington Post Plum Line blog\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>“Today, unelected judges cast aside the will of the people of California who voted to protect traditional marriage. This decision does not end this fight, and I expect it to go to the Supreme Court. That prospect underscores the vital importance of this election and the movement to preserve our values. I believe marriage is between a man and a woman and, as president, I will protect traditional marriage and appoint judges who interpret the Constitution as it is written and not according to their own politics and prejudices.”\u003c/p>\u003c/blockquote>\n\u003cp>As for the White House response, Obama administration press secretary Jay Carney \u003ca href=\"http://www.youtube.com/watch?v=G3MO-thT-gk&feature=player_embedded\">wasn’t saying much\u003c/a>, other than this: “The president has long opposed, as you know, discriminatory efforts to deny rights and benefits to same-sex couples.”\u003c/p>\n\u003cp>\u003ciframe loading=\"lazy\" src=\"http://www.youtube.com/embed/G3MO-thT-gk\" frameborder=\"0\" width=\"480\" height=\"274\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>Update 12:45 p.m.\u003c/strong> KQED reporter Caitlin Esch, at the courthouse today, recorded the following \u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop8whoop.mp\">whoop that went up from the crowd\u003c/a> of same-sex marriage supporters as soon as the ruling was released.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop8whoop.mp3\">Audio: Crowd reacts to court ruling\u003c/a>\u003cbr>\n[audio:http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop8whoop.mp3|titles=prop8whoop]\u003c/p>\n\u003cp>\u003ca name=\"twitter\">\u003c/a>Click on the play button below to see \u003ca href=\"https://twitter.com/#!/search?q=%23Prop8\">reaction to the ruling on Twitter\u003c/a>\u003ca name=\"twitter\">\u003c/a>:\u003c/p>\n\u003cp>\u003ciframe loading=\"lazy\" src=\"http://www.coveritlive.com/index2.php/option=com_altcaster/task=viewaltcast/altcast_code=d26f022e09/height=550/width=470\" frameborder=\"0\" scrolling=\"no\" width=\"470\" height=\"550\">\u003c/iframe>\u003c/p>\n\u003cp>Here’s the \u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop8fulltext.pdf\">full text of the decision\u003c/a>:\u003c/p>\n\u003cp>\u003ca title=\"View Ninth Circuit Prop. 8 decision on Scribd\" href=\"http://www.scribd.com/doc/80809524/Ninth-Circuit-Prop-8-decision\">Ninth Circuit Prop. 8 decision\u003c/a>\u003ciframe loading=\"lazy\" src=\"http://www.scribd.com/embeds/80809524/content?start_page=1&view_mode=list&access_key=key-50ouzjzre6bsg062onq\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>Update 10:50 a.m.\u003c/strong> Mayor Edwin M. Lee today issued this statement on the decision:\u003c/p>\n\u003cp>“I celebrate the decision by the Ninth Circuit Court today. This is a great day for marriage equality and a great day for California families. The Court affirmed today that there is nothing in the Constitution that allows discrimination and we are on our way to protecting the fundamental rights of everyone in our State.\u003c/p>\n\u003cp>And, we will continue the fight until everyone is treated equally.\u003c/p>\n\u003cp>San Francisco stands ready to begin marrying same sex couples, and we remain as deeply committed to the fight for marriage equality today as we did nearly eight years ago when then Mayor Gavin Newsom started one of the most important civil rights issues of our generation to ensure equality for all.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>I would also like to acknowledge the tireless work of our City Attorney Dennis Herrera and his team in defense of marriage equality and the California Constitution these last eight years. Together, we will take this fight all the way to the nation’s highest court, if necessary.”\u003c/p>\n\n",
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"description": "The 9th Circuit Court of Appeals has upheld Judge Vaughn Walker's ruling invalidating Proposition 8, California's same-sex marriage ban. Listen to KQED News Prop 8 special Read the ruling and key passages Reaction on Twitter Legal analysis Photos The federal appeals court has declared California's same-sex marriage ban to be unconstitutional, paving the way for",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The 9th Circuit Court of Appeals has upheld Judge Vaughn Walker’s ruling invalidating Proposition 8, California’s same-sex marriage ban.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cul>\n\u003cli>\u003ca href=\"http://www.kqed.org/a/radiospecials/R201202071800\">\u003cstrong>Listen to KQED News Prop 8 special\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/02/07/read-the-full-prop-8-ruling-and-key-passages/\">\u003cstrong>Read the ruling and key passages\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/02/07/prop-8-appeals-court-decision/#twitter\">\u003cstrong>Reaction on Twitter\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/02/07/prop-8-ruling-legal-analysis-decision-was-made-with-eye-toward-supreme-court/\">\u003cstrong>Legal analysis\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.flickr.com/photos/kqedradio/sets/72157629218649235/\">\u003cstrong>Photos\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>The federal appeals court has declared California’s same-sex marriage ban to be unconstitutional, paving the way for a likely U.S. Supreme Court showdown on the voter-approved law. A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco ruled 2-1 Tuesday that Walker, a lower-court judge, interpreted the U.S. Constitution correctly in 2010 when he declared Proposition 8 to be a violation of the civil rights of gays and lesbians.\u003c/p>\n\u003cfigure id=\"attachment_55643\" class=\"wp-caption alignleft\" style=\"max-width: 225px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop81.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-55643\" title=\"prop81\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop81-300x224.jpg\" alt=\"\" width=\"225\" height=\"168\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">At an anti-Prop 8 rally before the hearing. (Scott Shafer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The measure, which passed with 52 percent of the vote in 2008, outlawed same-sex unions just five months after they became legal in the state.\u003c/p>\n\u003cp>Lawyers for Proposition 8 sponsors and for two couples who sued to overturn the ban have said they would appeal to the Supreme Court if they did not receive a favorable ruling from the 9th Circuit.\u003c/p>\n\u003cp>A stay on same-sex marriage remains in effect.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A key passage from the ruling:\u003c/p>\n\u003cp>“Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples.”\u003c/p>\n\u003cp>Earlier today, KQED’s Scott Shafer reported from outside the court on 7th and Mission in San Francisco:\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cp>The decision was a narrow one, focusing on the proposition itself and the fact that California voters withdrew a right that had existed before Prop 8 was passed.\u003c/p>\n\u003c/aside>\n\u003cp>“Several dozen mostly supporters of same-sex marriage had gathered in front of the court awaiting the decision. A \u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop8whoop.mp3\">whoop went up from the crowd\u003c/a> almost instantaneously when it was released, accompanied by honking horns from passing motorists.\u003c/p>\n\u003cp>The panel of judges that made the ruling is ideologically diverse, with two having been appointed by Democrats and the third by George W. Bush. That judge, N. Randy Smith, dissented, asserting that he just wasn’t convinced that Prop 8 doesn’t have a rationally related reason attached to it.\u003c/p>\n\u003cp>The fact that it’s not unanimous makes it a little more likely that Prop 8 backers can go to the 9th Circuit and ask for an en banc review, made up of a larger panel of 11 judges. That would delay the case from going to the U.S. Supreme Court by possibly up to a year. The losing side has 14 days to decide whether to petition the court for such a review.\u003c/p>\n\u003cp>One of the unknowns before the decision was whether the ruling would be a broad, having national significance, or a narrower one that focused on Prop 8 in California. The decision was a narrow one, focusing on the proposition itself and the fact that California voters withdrew a right that had existed before Prop 8 was passed. The narrower ruling might make it a little less likely that the Supreme Court would take the case up, but that remains to be seen.”\u003cbr>\n\u003c!--more-->\u003c/p>\n\u003cp>On two ancillary issues, whether Prop 8 proponents have standing to defend the law in court, and whether Judge Vaughn Walker should have recused himself because of his own long-term same-sex relationship, the court was in unanimous agreement. It ruled that proponents do have the legal right to defend a proposition in court, and that Walker’s same-sex relationship did not require his recusal.\u003c/p>\n\u003cp>The National Organization For Marriage, the main group supporting Proposition 8, has \u003ca href=\"http://www.nationformarriage.org/site/apps/nlnet/content2.aspx?c=omL2KeN0LzH&b=5134145&ct=11622743¬oc=1\">condemned the ruling\u003c/a>. From the press release:\u003c/p>\n\u003cblockquote>\u003cp>“As sweeping and wrong-headed as this decision is, it nonetheless was as predictable as the outcome of a Harlem Globetrotters exhibition game,” said Brian Brown, NOM’s president. “We have anticipated this outcome since the moment San Francisco Judge Vaughn Walker’s first hearing in the case. Now we have the field cleared to take this issue to the US Supreme Court, where we have every confidence we will prevail.”\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Update 5:07 p.m.\u003c/strong>\u003c/p>\n\u003cp>\u003ca href=\"https://twitter.com/#!/newtgingrich/status/166956181204647936\">Newt Gingrich’s Twitter response\u003c/a>:\u003c/p>\n\u003cp>https://twitter.com/#!/newtgingrich/status/166956181204647936\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>And from Mitt Romney, per the \u003ca href=\"http://www.washingtonpost.com/blogs/plum-line/post/on-gay-marriage-mitt-romney-veers-hard-to-the-right/2012/02/07/gIQALE48wQ_blog.html\">Washington Post Plum Line blog\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>“Today, unelected judges cast aside the will of the people of California who voted to protect traditional marriage. This decision does not end this fight, and I expect it to go to the Supreme Court. That prospect underscores the vital importance of this election and the movement to preserve our values. I believe marriage is between a man and a woman and, as president, I will protect traditional marriage and appoint judges who interpret the Constitution as it is written and not according to their own politics and prejudices.”\u003c/p>\u003c/blockquote>\n\u003cp>As for the White House response, Obama administration press secretary Jay Carney \u003ca href=\"http://www.youtube.com/watch?v=G3MO-thT-gk&feature=player_embedded\">wasn’t saying much\u003c/a>, other than this: “The president has long opposed, as you know, discriminatory efforts to deny rights and benefits to same-sex couples.”\u003c/p>\n\u003cp>\u003ciframe loading=\"lazy\" src=\"http://www.youtube.com/embed/G3MO-thT-gk\" frameborder=\"0\" width=\"480\" height=\"274\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>Update 12:45 p.m.\u003c/strong> KQED reporter Caitlin Esch, at the courthouse today, recorded the following \u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop8whoop.mp\">whoop that went up from the crowd\u003c/a> of same-sex marriage supporters as soon as the ruling was released.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop8whoop.mp3\">Audio: Crowd reacts to court ruling\u003c/a>\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca name=\"twitter\">\u003c/a>Click on the play button below to see \u003ca href=\"https://twitter.com/#!/search?q=%23Prop8\">reaction to the ruling on Twitter\u003c/a>\u003ca name=\"twitter\">\u003c/a>:\u003c/p>\n\u003cp>\u003ciframe loading=\"lazy\" src=\"http://www.coveritlive.com/index2.php/option=com_altcaster/task=viewaltcast/altcast_code=d26f022e09/height=550/width=470\" frameborder=\"0\" scrolling=\"no\" width=\"470\" height=\"550\">\u003c/iframe>\u003c/p>\n\u003cp>Here’s the \u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop8fulltext.pdf\">full text of the decision\u003c/a>:\u003c/p>\n\u003cp>\u003ca title=\"View Ninth Circuit Prop. 8 decision on Scribd\" href=\"http://www.scribd.com/doc/80809524/Ninth-Circuit-Prop-8-decision\">Ninth Circuit Prop. 8 decision\u003c/a>\u003ciframe loading=\"lazy\" src=\"http://www.scribd.com/embeds/80809524/content?start_page=1&view_mode=list&access_key=key-50ouzjzre6bsg062onq\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>Update 10:50 a.m.\u003c/strong> Mayor Edwin M. Lee today issued this statement on the decision:\u003c/p>\n\u003cp>“I celebrate the decision by the Ninth Circuit Court today. This is a great day for marriage equality and a great day for California families. The Court affirmed today that there is nothing in the Constitution that allows discrimination and we are on our way to protecting the fundamental rights of everyone in our State.\u003c/p>\n\u003cp>And, we will continue the fight until everyone is treated equally.\u003c/p>\n\u003cp>San Francisco stands ready to begin marrying same sex couples, and we remain as deeply committed to the fight for marriage equality today as we did nearly eight years ago when then Mayor Gavin Newsom started one of the most important civil rights issues of our generation to ensure equality for all.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>I would also like to acknowledge the tireless work of our City Attorney Dennis Herrera and his team in defense of marriage equality and the California Constitution these last eight years. Together, we will take this fight all the way to the nation’s highest court, if necessary.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Read the Full Prop 8 Ruling and Key Passages",
"title": "Read the Full Prop 8 Ruling and Key Passages",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>Here is \u003ca href=\"http://www.scribd.com/doc/80809524/Ninth-Circuit-Prop-8-decision\">today's full Appeals Court decision\u003c/a> upholding Judge Vaughn Walker's decision to strike down Proposition 8, California's same-sex marriage ban.\u003c/p>\n\u003cp>\u003ca title=\"View Ninth Circuit Prop. 8 decision on Scribd\" href=\"http://www.scribd.com/doc/80809524/Ninth-Circuit-Prop-8-decision\">Ninth Circuit Prop. 8 decision\u003c/a>\u003ciframe src=\"http://www.scribd.com/embeds/80809524/content?start_page=1&view_mode=list&access_key=key-50ouzjzre6bsg062onq\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\u003cp>The first few passages summarize the findings and also speak to the narrowness of the ruling, which did not address \"whether under the Constitution same-sex couples may ever be denied the right to marry.\" \u003c/p>\n\u003cblockquote>\u003cp>Although the Constitution permits communities to enact most laws they believe to be desirable, it requires that there be at least a legitimate reason for the passage of a law that treats different classes of people differently. There was no such reason that Proposition 8 could have been enacted. Because under California statutory law, same-sex couples had all the rights of opposite-sex couples, regardless of their marital status, all parties agree that Proposition 8 had one effect only. It stripped same-sex couples of the ability they previously possessed to obtain from the State, or any other authorized party, an important right--the right to obtain and use the designation of 'marriage' to describe their relationships. Nothing more, nothing less. Proposition 8 therefore could not have been enacted to advance California's interests in child-rearing or responsible procreation, for it had no effect on the rights of same-sex couples to raise children or on the procreative practices of other couples. Nor did Proposition 8 have any effect on religious freedom or on parents' rights to control their children's education; it could not have been enacted to safeguard these liberties.\u003c/p>\n\u003cp>All that Proposition 8 accomplished was to take away from the same-sex couples the right to be granted marriage licenses and thus legally to use the designation of 'marriage', which symbolizes state legitimization and societal recognition of their committed relationships. Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples. The Constitution simply does not allow for \"laws of this sort.\" Romer v. Evans, 517 U.S. 620, 633 \u003c/p>\n\u003cp>Broader issues have been urged for our consideration, but we adhere to the principle of deciding constitutional questions only in the context of the particular case before the Court,\" \u003ca href=\"http://www.law.cornell.edu/supct/html/historics/USSC_CR_0339_0629_ZS.html\">Sweatt v. Painter\u003c/a>, 339 U.S. 629, 631 (1950). Whether under the Constitution same-sex couples may ever be denied the right to marry, a right that has long been enjoyed by opposite-sex couples, is an important and highly controversial question. It is currently a matter of great debate in our nation, and an issue over which people of good will may disagree, sometimes strongly. Of course, when questions of constitutional law are necessary to the resolution of a case, courts may not and should not abstain from deciding them simply because they are controversial. We need not and do not answer the broader question in this case, however, because California had already extended to committed same-sex couples both the incidents of marriage and the official designation of 'marriage,' and Proposition 8's only effect was to take away that important and legally significant designation, while leaving in place all of its incidents. This unique and strictly limited effect of Proposition 8 allows us to address the amendment's constitutionality on narrow grounds.\u003c/p>\n\u003cp>Thus, as a result of our \"traditional\" reluctance to extend constitutional interpretations to situations or facts which are not before the Court, much of the excellent research and detailed argument presented in th[is] case[ ] is unnecessary to [its] disposition.\" Were we unable, however, to resolve the matter on the basis we do, we would not hesitate to process to the broader question--the constitutionality of denying same-sex couples the right to marry.\u003c/p>\n\u003c/blockquote>\n\u003cp>The Wall Street Journal has also \u003ca href=\"http://blogs.wsj.com/law/2012/02/07/ninth-circuit-california-gay-marriage-ban-is-unconstitutional/\">pulled a few interesting passages\u003c/a>, including this rather entertaining extract: \u003c/p>\n\u003cblockquote>\u003cp>Had Marilyn Monroe’s film been called How to Register a Domestic Partnership with a Millionaire, it would not have conveyed the same meaning as did her famous movie, even though the underlying drama for same-sex couples is no different.\u003c/p>\u003c/blockquote>\n\u003cp>And this related to Prop 8 supporters' motion that Judge Vaughn Walker's original decision be nullified because Walker is himself in a long-term, same-sex relationship:\u003c/p>\n\u003cblockquote>\u003cp> Finally, we address Proponents’ motion to vacate the district court’s judgment. On April 6, 2011, after resigning from the bench, former Chief Judge Walker disclosed he was gay and that he had for the past ten years been in a relationship with another man. Proponents moved shortly thereafter to vacate the judgment on the basis that 28 U.S.C. Sec. 455(b)(4) obligated Chief Judge Walker to recuse himself, because he had an “interest that could be substantially affected by the outcome of the proceeding,” and that 28 U.S.C. Sec. 455(a) obligated him either to recuse himself or to disclose his potential conflict, because his “impartiality might reasonably be questioned.” . . .\u003c/p>\n\u003cp> The district court properly held that . . . Chief Judge Walker had no obligation to recuse himself . . . As Chief Judge Ware explained, the fact that a judge “could be affected by the outcome of a proceeding, in the same way that other members of the general public would be affected, is not a basis for either recusal or disqualification . . . “ Nor could it possibly be “reasonable to presume,” . . . “that a judge is incapable of making an impartial decision about the constitutionality of a law, solely because, as a citizen, the judge could be affected by the proceeding.” . . . To hold otherwise would demonstrate a lack of respect for the integrity of our federal courts.”\u003c/p>\u003c/blockquote>\n\u003cp>And more \u003ca href=\"http://www.washingtonpost.com/national/excerpts-from-the-ruling-declaring-californias-same-sex-marriage-ban-to-be-unconstitutional/2012/02/07/gIQAfELvwQ_story.html\">excerpts from AP\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>By emphasizing Proposition 8’s limited effect, we do not mean to minimize the harm that this change in the law caused to same-sex couples and their families. To the contrary, we emphasize the extraordinary significance of the official designation of ‘marriage.’ That designation is important because ‘marriage’ is the name that society gives to the relationship that matters most between two adults. A rose by any other name may smell as sweet, but to the couple desiring to enter into a committed lifelong relationship, a marriage by the name of ‘registered domestic partnership’ does not.”\u003c/p>\u003c/blockquote>\n\u003cp>plus this...\u003c/p>\n\u003cblockquote>\u003cp>It is implausible to think that denying two men or two women the right to call themselves married could somehow bolster the stability of families headed by one man and one woman.\u003c/p>\u003c/blockquote>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>[ad floatright]\u003c/p>\n",
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"description": "Here is today's full Appeals Court decision upholding Judge Vaughn Walker's decision to strike down Proposition 8, California's same-sex marriage ban. Ninth Circuit Prop. 8 decision The first few passages summarize the findings and also speak to the narrowness of the ruling, which did not address "whether under the Constitution same-sex couples may ever be",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Here is \u003ca href=\"http://www.scribd.com/doc/80809524/Ninth-Circuit-Prop-8-decision\">today's full Appeals Court decision\u003c/a> upholding Judge Vaughn Walker's decision to strike down Proposition 8, California's same-sex marriage ban.\u003c/p>\n\u003cp>\u003ca title=\"View Ninth Circuit Prop. 8 decision on Scribd\" href=\"http://www.scribd.com/doc/80809524/Ninth-Circuit-Prop-8-decision\">Ninth Circuit Prop. 8 decision\u003c/a>\u003ciframe src=\"http://www.scribd.com/embeds/80809524/content?start_page=1&view_mode=list&access_key=key-50ouzjzre6bsg062onq\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\u003cp>The first few passages summarize the findings and also speak to the narrowness of the ruling, which did not address \"whether under the Constitution same-sex couples may ever be denied the right to marry.\" \u003c/p>\n\u003cblockquote>\u003cp>Although the Constitution permits communities to enact most laws they believe to be desirable, it requires that there be at least a legitimate reason for the passage of a law that treats different classes of people differently. There was no such reason that Proposition 8 could have been enacted. Because under California statutory law, same-sex couples had all the rights of opposite-sex couples, regardless of their marital status, all parties agree that Proposition 8 had one effect only. It stripped same-sex couples of the ability they previously possessed to obtain from the State, or any other authorized party, an important right--the right to obtain and use the designation of 'marriage' to describe their relationships. Nothing more, nothing less. Proposition 8 therefore could not have been enacted to advance California's interests in child-rearing or responsible procreation, for it had no effect on the rights of same-sex couples to raise children or on the procreative practices of other couples. Nor did Proposition 8 have any effect on religious freedom or on parents' rights to control their children's education; it could not have been enacted to safeguard these liberties.\u003c/p>\n\u003cp>All that Proposition 8 accomplished was to take away from the same-sex couples the right to be granted marriage licenses and thus legally to use the designation of 'marriage', which symbolizes state legitimization and societal recognition of their committed relationships. Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples. The Constitution simply does not allow for \"laws of this sort.\" Romer v. Evans, 517 U.S. 620, 633 \u003c/p>\n\u003cp>Broader issues have been urged for our consideration, but we adhere to the principle of deciding constitutional questions only in the context of the particular case before the Court,\" \u003ca href=\"http://www.law.cornell.edu/supct/html/historics/USSC_CR_0339_0629_ZS.html\">Sweatt v. Painter\u003c/a>, 339 U.S. 629, 631 (1950). Whether under the Constitution same-sex couples may ever be denied the right to marry, a right that has long been enjoyed by opposite-sex couples, is an important and highly controversial question. It is currently a matter of great debate in our nation, and an issue over which people of good will may disagree, sometimes strongly. Of course, when questions of constitutional law are necessary to the resolution of a case, courts may not and should not abstain from deciding them simply because they are controversial. We need not and do not answer the broader question in this case, however, because California had already extended to committed same-sex couples both the incidents of marriage and the official designation of 'marriage,' and Proposition 8's only effect was to take away that important and legally significant designation, while leaving in place all of its incidents. This unique and strictly limited effect of Proposition 8 allows us to address the amendment's constitutionality on narrow grounds.\u003c/p>\n\u003cp>Thus, as a result of our \"traditional\" reluctance to extend constitutional interpretations to situations or facts which are not before the Court, much of the excellent research and detailed argument presented in th[is] case[ ] is unnecessary to [its] disposition.\" Were we unable, however, to resolve the matter on the basis we do, we would not hesitate to process to the broader question--the constitutionality of denying same-sex couples the right to marry.\u003c/p>\n\u003c/blockquote>\n\u003cp>The Wall Street Journal has also \u003ca href=\"http://blogs.wsj.com/law/2012/02/07/ninth-circuit-california-gay-marriage-ban-is-unconstitutional/\">pulled a few interesting passages\u003c/a>, including this rather entertaining extract: \u003c/p>\n\u003cblockquote>\u003cp>Had Marilyn Monroe’s film been called How to Register a Domestic Partnership with a Millionaire, it would not have conveyed the same meaning as did her famous movie, even though the underlying drama for same-sex couples is no different.\u003c/p>\u003c/blockquote>\n\u003cp>And this related to Prop 8 supporters' motion that Judge Vaughn Walker's original decision be nullified because Walker is himself in a long-term, same-sex relationship:\u003c/p>\n\u003cblockquote>\u003cp> Finally, we address Proponents’ motion to vacate the district court’s judgment. On April 6, 2011, after resigning from the bench, former Chief Judge Walker disclosed he was gay and that he had for the past ten years been in a relationship with another man. Proponents moved shortly thereafter to vacate the judgment on the basis that 28 U.S.C. Sec. 455(b)(4) obligated Chief Judge Walker to recuse himself, because he had an “interest that could be substantially affected by the outcome of the proceeding,” and that 28 U.S.C. Sec. 455(a) obligated him either to recuse himself or to disclose his potential conflict, because his “impartiality might reasonably be questioned.” . . .\u003c/p>\n\u003cp> The district court properly held that . . . Chief Judge Walker had no obligation to recuse himself . . . As Chief Judge Ware explained, the fact that a judge “could be affected by the outcome of a proceeding, in the same way that other members of the general public would be affected, is not a basis for either recusal or disqualification . . . “ Nor could it possibly be “reasonable to presume,” . . . “that a judge is incapable of making an impartial decision about the constitutionality of a law, solely because, as a citizen, the judge could be affected by the proceeding.” . . . To hold otherwise would demonstrate a lack of respect for the integrity of our federal courts.”\u003c/p>\u003c/blockquote>\n\u003cp>And more \u003ca href=\"http://www.washingtonpost.com/national/excerpts-from-the-ruling-declaring-californias-same-sex-marriage-ban-to-be-unconstitutional/2012/02/07/gIQAfELvwQ_story.html\">excerpts from AP\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>By emphasizing Proposition 8’s limited effect, we do not mean to minimize the harm that this change in the law caused to same-sex couples and their families. To the contrary, we emphasize the extraordinary significance of the official designation of ‘marriage.’ That designation is important because ‘marriage’ is the name that society gives to the relationship that matters most between two adults. A rose by any other name may smell as sweet, but to the couple desiring to enter into a committed lifelong relationship, a marriage by the name of ‘registered domestic partnership’ does not.”\u003c/p>\u003c/blockquote>\n\u003cp>plus this...\u003c/p>\n\u003cblockquote>\u003cp>It is implausible to think that denying two men or two women the right to call themselves married could somehow bolster the stability of families headed by one man and one woman.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\u003c/div>",
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"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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"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
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"masters-of-scale": {
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"airtime": "Every other Wednesday June 12 through October 16 at 8pm (repeats Thursdays at 2am)",
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},
"mindshift": {
"id": "mindshift",
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"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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"order": 12
},
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
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"morning-edition": {
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"info": "\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.",
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"onourwatch": {
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"title": "On Our Watch",
"tagline": "Deeply-reported investigative journalism",
"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
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"order": 11
},
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"on-the-media": {
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"title": "On The Media",
"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
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},
"link": "/radio/program/on-the-media",
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},
"pbs-newshour": {
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},
"perspectives": {
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"order": 14
},
"link": "/perspectives",
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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.",
"airtime": "SUN 3pm-4pm",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/planetmoney.jpg",
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},
"link": "/radio/program/planet-money",
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"apple": "https://itunes.apple.com/us/podcast/planet-money/id290783428?mt=2",
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},
"politicalbreakdown": {
"id": "politicalbreakdown",
"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",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Political-Breakdown-2024-Podcast-Tile-703x703-1.jpg",
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"order": 5
},
"link": "/podcasts/politicalbreakdown",
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"amazon": "https://music.amazon.com/podcasts/e0c2d153-ad36-4c8d-901d-f1da6a724824/political-breakdown",
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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",
"officialWebsiteLink": "https://www.possible.fm/",
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"source": "Possible"
},
"link": "/radio/program/possible",
"subscribe": {
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"spotify": "https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"
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},
"pri-the-world": {
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