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"content": "\u003cp>\u003cem>Update Monday 8:50 a.m.\u003c/em> On KQED Radio's Forum at 9:30 a.m., a discussion on the dissemination of the Linton Johnson photos as they relate to the ethics of hacking.\u003c/p>\n\u003cp>\u003ca href=\"http://www.kqed.org/radio/listen/\">\u003cstrong>Listen live here\u003c/strong>\u003c/a>. The show will be \u003ca href=\"http://www.kqed.org/a/forum/R201108290900\">archived here\u003c/a> later in the day. \u003c/p>\n\u003cp>\u003cem>Update Monday\u003c/em>: Chris Andoe, who was organizing the LGBT counter-protest, posted this in our comments section over the weekend:\u003c/p>\n\u003cblockquote>\u003cp>LGBT DISPUTE WITH ANONYMOUS TENTATIVELY SETTLED. COUNTER-DEMONSTRATION CANCELLED.\u003c/p>\n\u003cp>San Francisco, CA August 28, 2011\u003cbr>\nMonday’s counter-demonstration against Anonymous by members of the LGBT Community has been cancelled after Anonymous made assurances that they have no malice against LGBT people.\u003c/p>\n\u003cp>While many people speak for Anonymous we have been told the group was largely against the release of the Linton Johnson photos, and that they are not planning any similar tactics (sexual images) in the future.\u003c/p>\n\u003cp>Some community leaders, such as La Mesha Irizarry of the Idriss Stelley Foundation are skeptical but had grave safety concerns for demonstrators. “A counter protest pinning commuters against protesters is itself a dangerous, unstable mix” said Irizarry.\u003c/p>\n\u003cp>The LGBT group had planned to demonstrate alongside the “Commuters Take Back Bart” group, which is still planning to demonstrate.\u003c/p>\n\u003cp>Lead organizers will be at the Civic Center in the event community members who aren’t aware of the cancellation show up to demonstrate.\u003c/p>\n\u003cp>Contact:\u003cbr>\nChris Andoe\u003cbr>\nchrisandoe@gmail.com\u003c/p>\u003c/blockquote>\n\u003cp>You can read here the \u003ca href=\"http://ww2.kqed.org/news/2011/08/26/interview-lgbt-organizer-speaks-out-against-the-leaking-of-linton-johnson-photos-says-organizing-counter-protest/#comments\">\u003cstrong>online debate\u003c/strong>\u003c/a> that went on over this planned action, including the back-and-forth between Andoe and some Anonymouses.\u003c/p>\n\u003cp>Also, related to this topic, \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/08/27/BAR61KSF14.DTL\">\u003cstrong>Matier & Ross' column\u003c/strong>\u003c/a> in the Chronicle on Sunday: \u003c/p>\n\u003cblockquote>\u003cp>Last week's online posting of partially nude photos of BART spokesman Linton Johnson - in apparent response to the transit agency's cutting off cell phone service Aug. 11 to avert a protest in downtown San Francisco - has Johnson's spouse furious.\u003c/p>\n\u003cp>\"These are blatantly homophobic and racist attacks from what I've seen,\" Jeffrey Johnson, Linton's partner of 12 years, told us Friday...\"I'm not sure where those photos came from,\" Jeffrey Johnson said, insisting they were not from the couple's Facebook pages.\u003c/p>\n\u003cp>However they were released, Jeffrey Johnson says gay and African American friends with whom he has talked are just as angry as he is. And judging from the calls we've received, at least some of them plan to be downtown during Monday evening's BART commute to greet another planned Anonymous protest with their own counterdemonstration.\n\u003c/p>\u003c/blockquote>\n\u003cp>\u003cem>Original post\u003c/em>\u003cbr>\nKQED's Mina Kim today spoke to Chris Andoe, a San Francisco-based LGBT activist who says he is rallying the LGBT community to join a \u003ca href=\"http://www.facebook.com/pages/Commuters-Take-Back-BART/123517357747682?sk=wall&filter=2\">counter-protest\u003c/a> on Monday to what anti-BART organizers have threatened will be a weekly action. A series of protests against the transit agency have disrupted commutes in recent weeks.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Andoe says he was spurred to action by the \u003ca href=\"http://ww2.kqed.org/news/2011/08/24/protest-or-prank-hackers-post-alleged-racy-photos-of-barts-linton-johnson/\">leaking\u003c/a> this week of partially nude private photos of BART spokesman Linton Johnson, who has drawn the fury of the loosely knit hacker group \u003ca href=\"http://ww2.kqed.org/news/2011/08/18/so-what-exactly-is-anonymous-anyway/\">Anonymous\u003c/a> for suggesting and then defending BART's disabling of cell-phone service to disrupt a planned protest that never materialized.\u003c/p>\n\u003cp>Andoe labeled the tactic of disseminating the photos, by someone affiliating with Anonymous, as \"gay-baiting,\" and says many in the LGBT community who were ambivalent or supportive of the recent actions against BART have now swung the other way. \u003c/p>\n\u003cp>Here's the interview, below; an edited transcript follows the audio. \u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/chrisandoe.mp3\">\u003cstrong>A gay community organizer decries the leaking of the Linton Johnson photos\u003c/strong>\u003c/a>\u003cbr>\n[audio:http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/chrisandoe.mp3|titles=chrisandoe]\u003c/p>\n\u003cblockquote>\u003cp>\nAndoe: I was ambivalent at most about the protest. I was troubled by the shooting in Oakland in particular. What made me align with the angry commuters was the recent gay-baiting sexual terrorist type tactics that were used against BART spokesperson Linton Johnson. \u003c/p>\n\u003cp>\u003cstrong>What was your reaction when you saw that?\u003c/strong>\u003c/p>\n\u003cp>I think a lot of us in the gay community thought of it as a declaration of war against us. A lot of us had really been ambivalent at best about the protest. Or supported the protest. But when they came out and used the tactics of right wingers like Andrew Breitbart or Karl Rove or something we were just shocked. This is San Francisco. What they were trying to do was delegitimize this man for being gay. Very few of the photos were sexually explicit, most of them were of him clowning around at a gay bar with glow sticks or glitter, hanging on guys. And then they promoted his personal web site, which had his gay marriage photos and vacation pictures. This had nothing to do with anything. \u003c/p>\n\u003cp>But if their goal was not to discredit him for merely being gay, then what was that? It's obvious that's what they were doing.\u003c/p>\n\u003cp>\u003cstrong>Are you planning on taking part in a \u003ca href=\"http://www.baycitizen.org/bart-police-shooting/story/commuters-plan-protest-bart-protest/\">counter protest\u003c/a> on Monday?\u003c/strong>\u003c/p>\n\u003cp>I am and I know a lot of others in the community that will be joining me out there. These tactics have basically swung many in the community to the other side. We're outraged that in this enlightened city this is the tactic they decided to take. \u003c/p>\n\u003cp>\u003cstrong>Are you helping to organize the protest? \u003c/strong>\u003c/p>\n\u003cp>The protest was already planned by the commuters' group. What I'm doing is helping to organize the LGBT community to join with that group.\u003c/p>\n\u003cp>\u003cstrong>How many people so far who share your view may be out there with you? \u003c/strong>\u003c/p>\n\u003cp>I think there's going to be a significant number. This just happened. Wednesday was the shot across the bow that took us all by surprise so I don't know how many we're going to get this first time. But the tide has strongly shifted. Just from a tactical perspective, this was a monumental error for them to take this kind of approach in targeting someone the way they targeted Mr. Johnson.\u003c/p>\n\u003cp>\u003cstrong>Are you concerned about reprisals from Anonymous? \u003c/strong>\u003c/p>\n\u003cp>Absolutely, I think there's a strong risk. They obviously have no scruples, so yes; I do realize that I'm putting myself at risk to be hacked. They are masked – that's their whole point, that they're operating in secret. So it is very dangerous to oppose them; I feel most people do understand that so I don't know how that will affect turnout. \u003c/p>\n\u003cp>\u003cstrong>But you are wiling to take that risk…\u003c/strong>\u003c/p>\n\u003cp>I feel like it's absolutely necessary. The people have got to stand up to this. I was outraged with the Anthony Wiener thing that happened. I'm outraged when the right wing does this and I'm outraged when these far left protesters do it. I think it's the wrong way to go about things, to single out an individual and try to destroy them based on sexual orientation using gay baiting tactics or sexual terrorism. It's a bizarre approach for them to take. But when those types of things happen, especially in this world-class city we live in, we have to take a stand against it. \u003c/p>\n\u003c/blockquote>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Update Monday 8:50 a.m.\u003c/em> On KQED Radio's Forum at 9:30 a.m., a discussion on the dissemination of the Linton Johnson photos as they relate to the ethics of hacking.\u003c/p>\n\u003cp>\u003ca href=\"http://www.kqed.org/radio/listen/\">\u003cstrong>Listen live here\u003c/strong>\u003c/a>. The show will be \u003ca href=\"http://www.kqed.org/a/forum/R201108290900\">archived here\u003c/a> later in the day. \u003c/p>\n\u003cp>\u003cem>Update Monday\u003c/em>: Chris Andoe, who was organizing the LGBT counter-protest, posted this in our comments section over the weekend:\u003c/p>\n\u003cblockquote>\u003cp>LGBT DISPUTE WITH ANONYMOUS TENTATIVELY SETTLED. COUNTER-DEMONSTRATION CANCELLED.\u003c/p>\n\u003cp>San Francisco, CA August 28, 2011\u003cbr>\nMonday’s counter-demonstration against Anonymous by members of the LGBT Community has been cancelled after Anonymous made assurances that they have no malice against LGBT people.\u003c/p>\n\u003cp>While many people speak for Anonymous we have been told the group was largely against the release of the Linton Johnson photos, and that they are not planning any similar tactics (sexual images) in the future.\u003c/p>\n\u003cp>Some community leaders, such as La Mesha Irizarry of the Idriss Stelley Foundation are skeptical but had grave safety concerns for demonstrators. “A counter protest pinning commuters against protesters is itself a dangerous, unstable mix” said Irizarry.\u003c/p>\n\u003cp>The LGBT group had planned to demonstrate alongside the “Commuters Take Back Bart” group, which is still planning to demonstrate.\u003c/p>\n\u003cp>Lead organizers will be at the Civic Center in the event community members who aren’t aware of the cancellation show up to demonstrate.\u003c/p>\n\u003cp>Contact:\u003cbr>\nChris Andoe\u003cbr>\nchrisandoe@gmail.com\u003c/p>\u003c/blockquote>\n\u003cp>You can read here the \u003ca href=\"http://ww2.kqed.org/news/2011/08/26/interview-lgbt-organizer-speaks-out-against-the-leaking-of-linton-johnson-photos-says-organizing-counter-protest/#comments\">\u003cstrong>online debate\u003c/strong>\u003c/a> that went on over this planned action, including the back-and-forth between Andoe and some Anonymouses.\u003c/p>\n\u003cp>Also, related to this topic, \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/08/27/BAR61KSF14.DTL\">\u003cstrong>Matier & Ross' column\u003c/strong>\u003c/a> in the Chronicle on Sunday: \u003c/p>\n\u003cblockquote>\u003cp>Last week's online posting of partially nude photos of BART spokesman Linton Johnson - in apparent response to the transit agency's cutting off cell phone service Aug. 11 to avert a protest in downtown San Francisco - has Johnson's spouse furious.\u003c/p>\n\u003cp>\"These are blatantly homophobic and racist attacks from what I've seen,\" Jeffrey Johnson, Linton's partner of 12 years, told us Friday...\"I'm not sure where those photos came from,\" Jeffrey Johnson said, insisting they were not from the couple's Facebook pages.\u003c/p>\n\u003cp>However they were released, Jeffrey Johnson says gay and African American friends with whom he has talked are just as angry as he is. And judging from the calls we've received, at least some of them plan to be downtown during Monday evening's BART commute to greet another planned Anonymous protest with their own counterdemonstration.\n\u003c/p>\u003c/blockquote>\n\u003cp>\u003cem>Original post\u003c/em>\u003cbr>\nKQED's Mina Kim today spoke to Chris Andoe, a San Francisco-based LGBT activist who says he is rallying the LGBT community to join a \u003ca href=\"http://www.facebook.com/pages/Commuters-Take-Back-BART/123517357747682?sk=wall&filter=2\">counter-protest\u003c/a> on Monday to what anti-BART organizers have threatened will be a weekly action. A series of protests against the transit agency have disrupted commutes in recent weeks.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Andoe says he was spurred to action by the \u003ca href=\"http://ww2.kqed.org/news/2011/08/24/protest-or-prank-hackers-post-alleged-racy-photos-of-barts-linton-johnson/\">leaking\u003c/a> this week of partially nude private photos of BART spokesman Linton Johnson, who has drawn the fury of the loosely knit hacker group \u003ca href=\"http://ww2.kqed.org/news/2011/08/18/so-what-exactly-is-anonymous-anyway/\">Anonymous\u003c/a> for suggesting and then defending BART's disabling of cell-phone service to disrupt a planned protest that never materialized.\u003c/p>\n\u003cp>Andoe labeled the tactic of disseminating the photos, by someone affiliating with Anonymous, as \"gay-baiting,\" and says many in the LGBT community who were ambivalent or supportive of the recent actions against BART have now swung the other way. \u003c/p>\n\u003cp>Here's the interview, below; an edited transcript follows the audio. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cblockquote>\u003cp>\nAndoe: I was ambivalent at most about the protest. I was troubled by the shooting in Oakland in particular. What made me align with the angry commuters was the recent gay-baiting sexual terrorist type tactics that were used against BART spokesperson Linton Johnson. \u003c/p>\n\u003cp>\u003cstrong>What was your reaction when you saw that?\u003c/strong>\u003c/p>\n\u003cp>I think a lot of us in the gay community thought of it as a declaration of war against us. A lot of us had really been ambivalent at best about the protest. Or supported the protest. But when they came out and used the tactics of right wingers like Andrew Breitbart or Karl Rove or something we were just shocked. This is San Francisco. What they were trying to do was delegitimize this man for being gay. Very few of the photos were sexually explicit, most of them were of him clowning around at a gay bar with glow sticks or glitter, hanging on guys. And then they promoted his personal web site, which had his gay marriage photos and vacation pictures. This had nothing to do with anything. \u003c/p>\n\u003cp>But if their goal was not to discredit him for merely being gay, then what was that? It's obvious that's what they were doing.\u003c/p>\n\u003cp>\u003cstrong>Are you planning on taking part in a \u003ca href=\"http://www.baycitizen.org/bart-police-shooting/story/commuters-plan-protest-bart-protest/\">counter protest\u003c/a> on Monday?\u003c/strong>\u003c/p>\n\u003cp>I am and I know a lot of others in the community that will be joining me out there. These tactics have basically swung many in the community to the other side. We're outraged that in this enlightened city this is the tactic they decided to take. \u003c/p>\n\u003cp>\u003cstrong>Are you helping to organize the protest? \u003c/strong>\u003c/p>\n\u003cp>The protest was already planned by the commuters' group. What I'm doing is helping to organize the LGBT community to join with that group.\u003c/p>\n\u003cp>\u003cstrong>How many people so far who share your view may be out there with you? \u003c/strong>\u003c/p>\n\u003cp>I think there's going to be a significant number. This just happened. Wednesday was the shot across the bow that took us all by surprise so I don't know how many we're going to get this first time. But the tide has strongly shifted. Just from a tactical perspective, this was a monumental error for them to take this kind of approach in targeting someone the way they targeted Mr. Johnson.\u003c/p>\n\u003cp>\u003cstrong>Are you concerned about reprisals from Anonymous? \u003c/strong>\u003c/p>\n\u003cp>Absolutely, I think there's a strong risk. They obviously have no scruples, so yes; I do realize that I'm putting myself at risk to be hacked. They are masked – that's their whole point, that they're operating in secret. So it is very dangerous to oppose them; I feel most people do understand that so I don't know how that will affect turnout. \u003c/p>\n\u003cp>\u003cstrong>But you are wiling to take that risk…\u003c/strong>\u003c/p>\n\u003cp>I feel like it's absolutely necessary. The people have got to stand up to this. I was outraged with the Anthony Wiener thing that happened. I'm outraged when the right wing does this and I'm outraged when these far left protesters do it. I think it's the wrong way to go about things, to single out an individual and try to destroy them based on sexual orientation using gay baiting tactics or sexual terrorism. It's a bizarre approach for them to take. But when those types of things happen, especially in this world-class city we live in, we have to take a stand against it. \u003c/p>\n\u003c/blockquote>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Interview: Member of Same-Sex Couple, Caregiver Faces Deportation Due to DOMA",
"title": "Interview: Member of Same-Sex Couple, Caregiver Faces Deportation Due to DOMA",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>You may be aware of the unenviable position that Bradford Wells and Anthony John Makk, a same-sex couple who live in San Francisco, find themselves in. \u003c/p>\n\u003cp>Wells and Makk have lived together 19 years. Seven years ago, they wed in Massachussetts, where same-sex marriages are legal. Makk is the primary caregiver for Wells, who has AIDS. He is also, however, a citizen of Australia, and U.S. Immigration and Customs Enforcement \u003ca href=\"http://articles.sfgate.com/2011-08-09/bay-area/29866637_1_marriage-act-immigration-equality-immigration-benefits\">will not grant\u003c/a> him permanent residency as the spouse of a U.S. citizen, because the Defense of Marriage Act specifically prohibits such federal benefits to same-sex couples. Earlier this year, the Obama administration said it would stop defending the law in court, but it is still currently the law of the land. \u003c/p>\n\u003cp>In July, ICE ordered Makk to leave the country by August 25. But the couple has appealed the decision, which has bought them some extra time, and last week the Obama administration announced that it is de-emphasizing \"low-priority\" deportation cases that meet certain criteria, some of which Makk and Wells meet. On Monday, a San Francisco judge, at the request of immigration officials, \u003ca href=\"http://ww2.kqed.org/news/2011/08/23/judge-closes-deportation-case-against-same-sex-couple-after-obama-immigration-shift-sf-couple-awaits/\">closed\u003c/a> a deportation case against a Venezuelan who had overstayed his visa but had married an American citizen. \u003c!--more-->\u003c/p>\n\u003cp>On Monday, KQED's Mina Kim talked to Bradford Wells about his situation. An edited transcript follows the audio below. \u003c/p>\n\u003cp>\u003cem>Interview with Bradford Wells Part 1\u003c/em>\u003cbr>\n[audio:http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/wellsfirst.mp3|titles=wellsfirst]\u003c/p>\n\u003cblockquote>\n\u003cp>\u003cstrong>What's your current status?\u003c/strong>\u003c/p>\n\u003cp>My married husband and I filed for a spousal visa and it was denied up front using the Defense of Marriage Act, which says the federal government does not recognize any marriage between two people of the same sex and any such marriage is not eligible for any federal benefits whatsoever. \u003c/p>\n\u003cp>\u003cstrong>What is supposed to happen August 25?\u003c/strong>\u003c/p>\n\u003cp>On that date, either Anthony must leave the country or we have to have an appeal filed. My lawyer is working on the appeal right now. We'll have it filed by the deadline. \u003c/p>\n\u003cp>\u003cstrong>What would it mean to you if Anthony was forced to leave the country? \u003c/strong>\u003c/p>\n\u003cp>I'd be devastated. I don’t know what I would do but I know I would not be able to take care of everything myself. I depend on him for my day to day living. I just can't see going on with him not here. I don't know how I'd manage. I have some pretty significant health issues and he's my primary caregiver. He assists me with taking medications, he assists me with things I can't do. Some mornings I'm in so much pain I can't get out of bed without his help. He gets medication for me when I can't go get them. He helps me with medication I have to inject; I find it very difficult to that myself. \u003c/p>\n\u003cp>Every time a helicopter goes overhead I cringe. I know he's not under an order of deportation right now, but we are two people who have spent the last 19 years working diligently to make sure he was here legally the whole time. We've spent countless hours and significant resources making sure he obeyed the law. He's never once violated his visa. We're hoping for some sort of interjection by the government, that the government steps in and does something. \u003c/p>\n\u003cp>\u003cstrong>And the change only applies to folks who are in deportation proceedings currently, right? \u003c/strong>\u003c/p>\n\u003cp>Yes, we're not in deportation proceedings currently, and I'm afraid of that. \u003c/p>\n\u003c/blockquote>\n\u003cp>\u003cem>Interview With Bradford Wells Part 2\u003c/em>\u003cbr>\n[audio:http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/wells2nd1.mp3|titles=wells2nd]\u003c/p>\n\u003cblockquote>\n\u003cp>\u003cstrong>Does the policy shift give you more hope for your appeal? \u003c/strong>\u003c/p>\n\u003cp>It gives some hope that if we make it to the very end of our rope, that if they're ready to order Anthony's deportation, there might be some action to stop it. \u003c/p>\n\u003cp>But as the date draws close and closer I'm under more stress. We're approaching this deadline he needs to file by, it's just like waiting for the other shoe to drop. At some point, they're going to grab him and take him away and I'm going to be left here unable to take care of myself. I have my good days and bad days; today is one of those bad days I'm just really torn over the situation. \u003c/p>\n\u003c/blockquote>\n\u003cp>\u003cem>Interview With Bradford Wells Part 3\u003c/em>\u003cbr>\n[audio:http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/wells3.mp3|titles=wells3]\u003c/p>\n\u003cblockquote>\u003cp>\n\u003cstrong>On getting married\u003c/strong>\u003c/p>\n\u003cp>Marrying Anthony was the happiest day of my life. You think it's just a piece of paper and a few words, but when you're standing there and you're saying the words, I realize it's something very different. I put my marriage before myself now. That's something that's new to me, to put a relationship before my own needs and wants. It just made me feel that I had a cause more important than myself. I had my family, I had my marriage.\n\u003c/p>\u003c/blockquote>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>You may be aware of the unenviable position that Bradford Wells and Anthony John Makk, a same-sex couple who live in San Francisco, find themselves in. \u003c/p>\n\u003cp>Wells and Makk have lived together 19 years. Seven years ago, they wed in Massachussetts, where same-sex marriages are legal. Makk is the primary caregiver for Wells, who has AIDS. He is also, however, a citizen of Australia, and U.S. Immigration and Customs Enforcement \u003ca href=\"http://articles.sfgate.com/2011-08-09/bay-area/29866637_1_marriage-act-immigration-equality-immigration-benefits\">will not grant\u003c/a> him permanent residency as the spouse of a U.S. citizen, because the Defense of Marriage Act specifically prohibits such federal benefits to same-sex couples. Earlier this year, the Obama administration said it would stop defending the law in court, but it is still currently the law of the land. \u003c/p>\n\u003cp>In July, ICE ordered Makk to leave the country by August 25. But the couple has appealed the decision, which has bought them some extra time, and last week the Obama administration announced that it is de-emphasizing \"low-priority\" deportation cases that meet certain criteria, some of which Makk and Wells meet. On Monday, a San Francisco judge, at the request of immigration officials, \u003ca href=\"http://ww2.kqed.org/news/2011/08/23/judge-closes-deportation-case-against-same-sex-couple-after-obama-immigration-shift-sf-couple-awaits/\">closed\u003c/a> a deportation case against a Venezuelan who had overstayed his visa but had married an American citizen. \u003c!--more-->\u003c/p>\n\u003cp>On Monday, KQED's Mina Kim talked to Bradford Wells about his situation. An edited transcript follows the audio below. \u003c/p>\n\u003cp>\u003cem>Interview with Bradford Wells Part 1\u003c/em>\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cblockquote>\n\u003cp>\u003cstrong>What's your current status?\u003c/strong>\u003c/p>\n\u003cp>My married husband and I filed for a spousal visa and it was denied up front using the Defense of Marriage Act, which says the federal government does not recognize any marriage between two people of the same sex and any such marriage is not eligible for any federal benefits whatsoever. \u003c/p>\n\u003cp>\u003cstrong>What is supposed to happen August 25?\u003c/strong>\u003c/p>\n\u003cp>On that date, either Anthony must leave the country or we have to have an appeal filed. My lawyer is working on the appeal right now. We'll have it filed by the deadline. \u003c/p>\n\u003cp>\u003cstrong>What would it mean to you if Anthony was forced to leave the country? \u003c/strong>\u003c/p>\n\u003cp>I'd be devastated. I don’t know what I would do but I know I would not be able to take care of everything myself. I depend on him for my day to day living. I just can't see going on with him not here. I don't know how I'd manage. I have some pretty significant health issues and he's my primary caregiver. He assists me with taking medications, he assists me with things I can't do. Some mornings I'm in so much pain I can't get out of bed without his help. He gets medication for me when I can't go get them. He helps me with medication I have to inject; I find it very difficult to that myself. \u003c/p>\n\u003cp>Every time a helicopter goes overhead I cringe. I know he's not under an order of deportation right now, but we are two people who have spent the last 19 years working diligently to make sure he was here legally the whole time. We've spent countless hours and significant resources making sure he obeyed the law. He's never once violated his visa. We're hoping for some sort of interjection by the government, that the government steps in and does something. \u003c/p>\n\u003cp>\u003cstrong>And the change only applies to folks who are in deportation proceedings currently, right? \u003c/strong>\u003c/p>\n\u003cp>Yes, we're not in deportation proceedings currently, and I'm afraid of that. \u003c/p>\n\u003c/blockquote>\n\u003cp>\u003cem>Interview With Bradford Wells Part 2\u003c/em>\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cblockquote>\n\u003cp>\u003cstrong>Does the policy shift give you more hope for your appeal? \u003c/strong>\u003c/p>\n\u003cp>It gives some hope that if we make it to the very end of our rope, that if they're ready to order Anthony's deportation, there might be some action to stop it. \u003c/p>\n\u003cp>But as the date draws close and closer I'm under more stress. We're approaching this deadline he needs to file by, it's just like waiting for the other shoe to drop. At some point, they're going to grab him and take him away and I'm going to be left here unable to take care of myself. I have my good days and bad days; today is one of those bad days I'm just really torn over the situation. \u003c/p>\n\u003c/blockquote>\n\u003cp>\u003cem>Interview With Bradford Wells Part 3\u003c/em>\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cp>A San Francisco judge has closed a deportation case against a member of a same-sex couple from southern California. \u003c/p>\n\u003cp>Venezuelan citizen Alex Benshimol overstayed his visa in 2009, though he'd married Doug Gentry, a US citizen, in 2005. Under the Defense of Marriage Act, the federal government does not recognize same-sex unions. \u003c/p>\n\u003cp>The judge’s decision, at the request of federal Immigration and Customs Enforcement, follows a \u003ca href=\"http://ww2.kqed.org/news/2011/08/19/white-house-signals-shift-on-deportations-letter-from-janet-napolitano-to-senate-democrats/\">policy shift\u003c/a> by the Obama Administration to focus on deporting criminals rather than undocumented immigrants who pose no public safety risk and have family relationships in the U.S. Administration officials said same-sex couples are included in the definition of family. \u003c!--more-->\u003c/p>\n\u003cp>Benshimol's attorney Lavi Soloway said the new policy is giving hope to tens of thousands of binational same-sex couples.\u003c/p>\n\u003cp>“This helps us tremendously,” said Soloway. “We have a number of cases in the pipeline, really desperate crisis situations where deportations would tear families apart and destroy marriages.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>One San Francisco gay couple hopes the new federal policy will bode well for their \u003ca href=\"http://articles.sfgate.com/2011-08-09/bay-area/29866637_1_marriage-act-immigration-equality-immigration-benefits\">case\u003c/a>. The visa for Australian citizen Anthony John Makk expires this week. Makk is husband and primary caretaker to Bradford Wells who has AIDS. Wells said the day he married Makk was the happiest of his life.\u003c/p>\n\u003cp>“Without him, I just don't know what I'd do, said Wells. “I just can't see going on without him here, I don't know how I'd manage.” \u003c/p>\n\u003cp>Immigration officials denied Wells’ petition for a spousal visa for Makk last month, citing the Defense of Marriage Act. Wells is appealing the decision.\u003c/p>\n\u003cp>“I know he's not under an order of deportation right now, said Wells. “But every time a helicopter goes overhead, I cringe.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Makk’s visa expires Thursday. \u003c/p>\n\n",
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"content": "\u003cp>\u003ca href=\"http://www.imdb.com/name/nm0085257/\">Dustin Lance Black\u003c/a>, who snagged an Oscar for Best Original Screenplay by writing \u003cem>Milk\u003c/em> starring Sean Penn, has turned his talent to Prop. 8, using courtroom transcripts and interviews to create a Broadway-bound play called “8.”\u003c/p>\n\u003cp>And befitting Black’s reputation, 8 has attracted several luminaries from television and film — including Sir Morgan Freeman, hunky Cheyenne Jackson (“Glee” and “30 Rock”) and Marisa “My Cousin Vinny” Tomei. Tony-Award-winner Joe Mantello will direct.\u003c/p>\n\u003cp>They and the rest of the cast will be at the Eugene O’Neill Theatre in NYC September 19th for a one-night reading — a fundraiser for the American Foundation for Equal Rights (AFER).\u003c/p>\n\u003cp>It’s an artistic echo of \u003ca href=\"http://www.youtube.com/watch?v=B_hyT7_Bx9o\">Prop 8: The Musical\u003c/a> starring Jack Black as Jesus.\u003c/p>\n\u003cp>\u003ciframe loading=\"lazy\" width=\"420\" height=\"345\" src=\"http://www.youtube.com/embed/Ug3YkVhkemg\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>There was also a much, much more earnest (and not at all funny or entertaining) verbatim re-enactment of the Prop. 8 trial, based on actual court transcripts. \u003c!--more-->\u003c/p>\n\u003cp>You may recall the trial was set to be televised live until the U.S. Supreme Court stepped in as the trial was getting underway to pull the plug. Except, the plug wasn’t pulled — and over objections of Prop. 8 backers courtroom cameras recorded the entire trial.\u003c/p>\n\u003cp>After retired Judge Vaughn Walker used an excerpt of the tapes in a college lecture that aired on C-Span, Prop. 8 proponents sued to force Walker (and everyone else who has copies) to turn over the tapes.\u003c/p>\n\u003cp>Prop. 8 opponents filed a cross motion, asking federal Judge James Ware to lift the protective order and release the tapes — arguing legal attacks on Judge Walker’s integrity (Ware rejected efforts to have Walker’s Prop 8 decision overturned because Walker is gay).\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Oral arguments on that motion will be heard August 29th in San Francisco.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"http://www.imdb.com/name/nm0085257/\">Dustin Lance Black\u003c/a>, who snagged an Oscar for Best Original Screenplay by writing \u003cem>Milk\u003c/em> starring Sean Penn, has turned his talent to Prop. 8, using courtroom transcripts and interviews to create a Broadway-bound play called “8.”\u003c/p>\n\u003cp>And befitting Black’s reputation, 8 has attracted several luminaries from television and film — including Sir Morgan Freeman, hunky Cheyenne Jackson (“Glee” and “30 Rock”) and Marisa “My Cousin Vinny” Tomei. Tony-Award-winner Joe Mantello will direct.\u003c/p>\n\u003cp>They and the rest of the cast will be at the Eugene O’Neill Theatre in NYC September 19th for a one-night reading — a fundraiser for the American Foundation for Equal Rights (AFER).\u003c/p>\n\u003cp>It’s an artistic echo of \u003ca href=\"http://www.youtube.com/watch?v=B_hyT7_Bx9o\">Prop 8: The Musical\u003c/a> starring Jack Black as Jesus.\u003c/p>\n\u003cp>\u003ciframe loading=\"lazy\" width=\"420\" height=\"345\" src=\"http://www.youtube.com/embed/Ug3YkVhkemg\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>There was also a much, much more earnest (and not at all funny or entertaining) verbatim re-enactment of the Prop. 8 trial, based on actual court transcripts. \u003c!--more-->\u003c/p>\n\u003cp>You may recall the trial was set to be televised live until the U.S. Supreme Court stepped in as the trial was getting underway to pull the plug. Except, the plug wasn’t pulled — and over objections of Prop. 8 backers courtroom cameras recorded the entire trial.\u003c/p>\n\u003cp>After retired Judge Vaughn Walker used an excerpt of the tapes in a college lecture that aired on C-Span, Prop. 8 proponents sued to force Walker (and everyone else who has copies) to turn over the tapes.\u003c/p>\n\u003cp>Prop. 8 opponents filed a cross motion, asking federal Judge James Ware to lift the protective order and release the tapes — arguing legal attacks on Judge Walker’s integrity (Ware rejected efforts to have Walker’s Prop 8 decision overturned because Walker is gay).\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Oral arguments on that motion will be heard August 29th in San Francisco.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Interview: Analyzing the Upcoming Legal Question That Could Kill Prop 8",
"title": "Interview: Analyzing the Upcoming Legal Question That Could Kill Prop 8",
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"content": "\u003cp>Last week the California Supreme Court announced the next chapter in the long saga of Proposition 8 would be written September 6, when it will hear oral arguments on the question of standing.\u003c/p>\n\u003cfigure id=\"attachment_36112\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/Prop8plaintiffsSM2.jpg\">\u003cimg class=\"size-medium wp-image-36112\" title=\"Prop8plaintiffsSM\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/Prop8plaintiffsSM2-300x225.jpg\" alt=\"\" width=\"300\" height=\"225\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The plaintiffs that sued to overturn Prop 8. (Photo: KQED/Scott Shafer)\u003c/figcaption>\u003c/figure>\n\u003cp>The court's legal opinion on this issue may very well determine the fate of Proposition 8, the voter-approved initiative that banned same-sex marriage in California only to be nullified by a federal district court on constitutional grounds.\u003c/p>\n\u003cp>Because the state of California in the persons of Governor Arnold Schwarzennegger and Attorney General Jerry Brown declined to defend Proposition 8, the law's original sponsors took it upon themselves to appeal to the Ninth Circuit Court, which promptly asked for guidance from the California Supreme Court on the rather arcane legal question of whether a ballot initiative's sponsors had the right to defend a measure in the absence of support from state officials.\u003c/p>\n\u003cp>And that's where we are. Earlier this week, The California Report's Scott Shafer asked UC Davis Law Professor Vikram Amar to explain the legal issue of standing as it pertains to the Proposition 8 case. \u003c!--more-->\u003c/p>\n\u003cp>Amar said that If the California Supreme Court offers an opinion to the federal court that initiative sponsors don't have any special rights to standing under state law, it's likely that the federal court would accept that and the appeal by Prop 8 backers would die, because it would not have any legitimate backers under the law. They could then appeal to the U.S. Supreme Court, but it's unlikely the court would hear the case, Amar says.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Listen to the interview below. An edited transcript follows each audio clip:\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/prop8standing1.mp3\">\u003cstrong>Vik Amar Part 1\u003c/strong>\u003c/a>\u003cbr>\n[audio:http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/prop8standing1.mp3|titles=prop8standing1]\u003c/p>\n\u003cblockquote>\u003cp>\u003cstrong>Summarize the fundamental question the court will consider\u003c/strong>\u003c/p>\n\u003cp>The federal constitution limits the kinds of disputes that federal courts can hear. Article III of the constitution limits the federal courts to resolving only cases or controversies.\u003c/p>\n\u003caside class=\"pullquote alignleft\">Prop 8 defenders take the position \"if not us, then who?\"\u003c/aside>\n\u003cp>As a law professor there's a lot of things I might think about and want a legal answer for. For example, a lot of us might want an answer to the question of whether President Obama could have invoked the 14th Amendment to resolve the debt-ceiling impasse if it had come to that. But just because you want a question resolved doesn’t meant that courts can give you an answer.\u003c/p>\n\u003cp>So in the federal courts, there's developed this doctrine known as standing, and unless both parties to a lawsuit have a particularized interest in its outcome, a federal court cannot weight in and speak about the legal merits.\u003c/p>\n\u003cp>The question in this case is whether the proponents of Prop 8 who sponsored it for the ballot have any distinctive interest in whether Prop 8 remains valid or not, such that they can defend it in court when the ordinary defenders of state law, the attorney general and the governor, have decided not to defend it\u003c/p>\n\u003cp>\u003cstrong>Given that these proponents defended it the first time around in the lower court trial, why wouldn't they be allowed to now?\u003c/strong>\u003c/p>\n\u003cp>To be blunt, I don't think the trial court paid a whole lot of attention to the question of whether the proponents had standing to defend the measure in the absence of the attorney general and the governor.\u003c/p>\n\u003cp>It's true that they were allowed to intervene in the case. But intervening when there's already a governor and attorney general there who presumably will defend it is different than standing to defend in the absence of those public defendants.\u003c/p>\n\u003cp>The short of it is is that the lower court didn't really focus on this issue as much as would have been ideal. That's why when the case got to the 9th Circuit, the court saw the issue but didn't have a good record on which to resolve it, which is why the 9th Circuit has been thrashing around a little on the question, including seeking input from the California Supreme Court.\u003c/p>\n\u003cp>\u003cstrong>Is there a difference between the state's interest and voters' interest? In other words, the backers of Prop 8 are saying 'we're standing up for the voters, because no one else will…\"\u003c/strong>\u003c/p>\n\u003cp>Ordinarily in our government we rely on our elected representatives to represent our interests as voters. In states like California, where you have a direct democracy device like initiatives, things are a little more complicated because the very presence of an initiative suggests a belief on the part of Californians that sometimes elected officials in both the legislative and/or executive branch can't always be counted on to vindicate what the people of California really want.\u003c/p>\n\u003cp>So Prop 8 defenders or proponents take the position \"if not us, then who?\" Should the voters of California pass a law that should be allowed to die on the vine because the elected representatives aren't doing the people's work?\u003c/p>\n\u003caside class=\"pullquote alignleft\">The question: Are Prop 8 sponsors good surrogates for the voters when the voters never gave them that power?\u003c/aside>\n\u003cp>I think that's a plausible argument. The problem, though, is that the voters who passed Prop 8 never explicitly deputized the proponents of Prop 8 to speak on behalf of the people. Millions of people voted for Prop 8 for all kinds of reasons. And the people who voted for Prop 8 and made it law may not fully agree with the people who wrote and proposed it, so the question is whether they are good representatives or surrogates for the voters when the voters never gave them that power within the text of the proposition itself.\u003c/p>\n\u003cp>I think this would have been an easier question if Prop 8 had had a provision in it that said in the event that this proposition passes and is challenged in court, and the attorney general and the governor do not defend, then the proponents of the measure who sponsored it for the ballot shall be authorized to defend it. That would be a much easier case.\u003c/p>\n\u003cp>The same day that Prop 8 passed, the California redistricting commission measure passed, and that did have a provision in it that contemplated the possibility of a legal challenge and did empower the proponents of the measure to defend it in court.\u003c/p>\n\u003cp>On the one hand, hindsight is 20-20, but this is an issue that careful initiative thinkers could have had on their minds.\u003c/p>\u003c/blockquote>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/prop8standing2.mp\">\u003cstrong>Vik Amar Part 2\u003c/strong>\u003c/a>\u003cbr>\n[audio:http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/prop8standing2.mp3|titles=prop8standing2]\u003c/p>\n\u003cblockquote>\u003cp>\u003cstrong>The U.S. Supreme Court has ruled on this issue of standing with regard to Arizona's English-only law. How is that relevant here if at all? \u003c/strong>\u003c/p>\n\u003cp>It's very important because ultimately the question of whether the Prop 8 sponsors have standing in federal court is one of federal constitutional law over which the Supreme Court could have the final say if it wants to take the case.\u003c/p>\n\u003cp>The Arizona decision over a decade ago suggests that the Supreme Court is a little bit skeptical of initiative-sponsor standing in federal court. But the Supreme Court in that case did not actually render a holding; it had some language in that case that indicated that at that moment the justices didn't seem to think that initiative backers should have standing.\u003c/p>\n\u003cp>But in this case, that is going to be explored in more depth and the outcome is going to turn on that issue.\u003c/p>\n\u003cp>There's one other possible difference. As the 9th Circuit recognized when it asked the California Supreme Court for some input: this body or area of law involves a complicated interplay between federal standing doctrine and state law. So it's possible that Arizona state law is different than California state law in that in California, perhaps initiative sponsors have more rights and a stronger interest in vindicating the initiative that they sponsored.\u003c/p>\n\u003cp>That's exactly what the California Supreme court is being asked to weigh in on: How distinctive, how important are he sponsors of initiatives under California state law? And then the 9th circuit federal court will use that information to help it decide whether standing exists for the purposes of a federal lawsuit.\u003c/p>\n\u003cp>\u003cstrong>Has this issue been dealt with by the California Supreme Court before?\u003c/strong>\u003c/p>\n\u003cp>The court has had a few sentences in a few cases that might tend to suggest that standing under state law exists on the part of initiative sponsors. But just as was true in the Arizona case, there really is no clear holding in the California Supreme Court, which is why it has a lot of leeway to come up with an answer that it thinks is best today.\u003c/p>\u003c/blockquote>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/prop8standing3.mp3\">\u003cstrong>Vik Amar Part 3\u003c/strong>\u003c/a>\u003cbr>\n[audio:http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/prop8standing3.mp3|titles=prop8standing3]\u003c/p>\n\u003cblockquote>\u003cp>\u003cstrong>In the case of legal standing, is there a liberal-conservative split?\u003c/strong>\u003c/p>\n\u003cp>Questions like standing are complicated to examine from the perspective of political or ideological inclination. On the one hand, you could say that conservatives should not want cases to be brought in court very easily because they don’t want courts meddling with what legislatures do. So they should generally like a standing doctrine that limits access to courts to reduce litigation.\u003c/p>\n\u003cp>But on the other hand, a conservative might want a standing doctrine to be more generous to Prop 8 backers, to make sure that conservative initiatives like Prop 8 aren't killed by liberal elected politicians like attorneys general and governors.\u003c/p>\n\u003cp>So standing and doctrines like it sometimes invert political instincts, because these doctrines are manipulable enough that you can often use them to reach a particular result in a particular dispute without binding yourself in other standing cases down the road, where the parties may be different and your inclinations as to a result may be different.\u003c/p>\u003c/blockquote>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Last week the California Supreme Court announced the next chapter in the long saga of Proposition 8 would be written September 6, when it will hear oral arguments on the question of standing.\u003c/p>\n\u003cfigure id=\"attachment_36112\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/Prop8plaintiffsSM2.jpg\">\u003cimg class=\"size-medium wp-image-36112\" title=\"Prop8plaintiffsSM\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/Prop8plaintiffsSM2-300x225.jpg\" alt=\"\" width=\"300\" height=\"225\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The plaintiffs that sued to overturn Prop 8. (Photo: KQED/Scott Shafer)\u003c/figcaption>\u003c/figure>\n\u003cp>The court's legal opinion on this issue may very well determine the fate of Proposition 8, the voter-approved initiative that banned same-sex marriage in California only to be nullified by a federal district court on constitutional grounds.\u003c/p>\n\u003cp>Because the state of California in the persons of Governor Arnold Schwarzennegger and Attorney General Jerry Brown declined to defend Proposition 8, the law's original sponsors took it upon themselves to appeal to the Ninth Circuit Court, which promptly asked for guidance from the California Supreme Court on the rather arcane legal question of whether a ballot initiative's sponsors had the right to defend a measure in the absence of support from state officials.\u003c/p>\n\u003cp>And that's where we are. Earlier this week, The California Report's Scott Shafer asked UC Davis Law Professor Vikram Amar to explain the legal issue of standing as it pertains to the Proposition 8 case. \u003c!--more-->\u003c/p>\n\u003cp>Amar said that If the California Supreme Court offers an opinion to the federal court that initiative sponsors don't have any special rights to standing under state law, it's likely that the federal court would accept that and the appeal by Prop 8 backers would die, because it would not have any legitimate backers under the law. They could then appeal to the U.S. Supreme Court, but it's unlikely the court would hear the case, Amar says.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cblockquote>\u003cp>\u003cstrong>Summarize the fundamental question the court will consider\u003c/strong>\u003c/p>\n\u003cp>The federal constitution limits the kinds of disputes that federal courts can hear. Article III of the constitution limits the federal courts to resolving only cases or controversies.\u003c/p>\n\u003caside class=\"pullquote alignleft\">Prop 8 defenders take the position \"if not us, then who?\"\u003c/aside>\n\u003cp>As a law professor there's a lot of things I might think about and want a legal answer for. For example, a lot of us might want an answer to the question of whether President Obama could have invoked the 14th Amendment to resolve the debt-ceiling impasse if it had come to that. But just because you want a question resolved doesn’t meant that courts can give you an answer.\u003c/p>\n\u003cp>So in the federal courts, there's developed this doctrine known as standing, and unless both parties to a lawsuit have a particularized interest in its outcome, a federal court cannot weight in and speak about the legal merits.\u003c/p>\n\u003cp>The question in this case is whether the proponents of Prop 8 who sponsored it for the ballot have any distinctive interest in whether Prop 8 remains valid or not, such that they can defend it in court when the ordinary defenders of state law, the attorney general and the governor, have decided not to defend it\u003c/p>\n\u003cp>\u003cstrong>Given that these proponents defended it the first time around in the lower court trial, why wouldn't they be allowed to now?\u003c/strong>\u003c/p>\n\u003cp>To be blunt, I don't think the trial court paid a whole lot of attention to the question of whether the proponents had standing to defend the measure in the absence of the attorney general and the governor.\u003c/p>\n\u003cp>It's true that they were allowed to intervene in the case. But intervening when there's already a governor and attorney general there who presumably will defend it is different than standing to defend in the absence of those public defendants.\u003c/p>\n\u003cp>The short of it is is that the lower court didn't really focus on this issue as much as would have been ideal. That's why when the case got to the 9th Circuit, the court saw the issue but didn't have a good record on which to resolve it, which is why the 9th Circuit has been thrashing around a little on the question, including seeking input from the California Supreme Court.\u003c/p>\n\u003cp>\u003cstrong>Is there a difference between the state's interest and voters' interest? In other words, the backers of Prop 8 are saying 'we're standing up for the voters, because no one else will…\"\u003c/strong>\u003c/p>\n\u003cp>Ordinarily in our government we rely on our elected representatives to represent our interests as voters. In states like California, where you have a direct democracy device like initiatives, things are a little more complicated because the very presence of an initiative suggests a belief on the part of Californians that sometimes elected officials in both the legislative and/or executive branch can't always be counted on to vindicate what the people of California really want.\u003c/p>\n\u003cp>So Prop 8 defenders or proponents take the position \"if not us, then who?\" Should the voters of California pass a law that should be allowed to die on the vine because the elected representatives aren't doing the people's work?\u003c/p>\n\u003caside class=\"pullquote alignleft\">The question: Are Prop 8 sponsors good surrogates for the voters when the voters never gave them that power?\u003c/aside>\n\u003cp>I think that's a plausible argument. The problem, though, is that the voters who passed Prop 8 never explicitly deputized the proponents of Prop 8 to speak on behalf of the people. Millions of people voted for Prop 8 for all kinds of reasons. And the people who voted for Prop 8 and made it law may not fully agree with the people who wrote and proposed it, so the question is whether they are good representatives or surrogates for the voters when the voters never gave them that power within the text of the proposition itself.\u003c/p>\n\u003cp>I think this would have been an easier question if Prop 8 had had a provision in it that said in the event that this proposition passes and is challenged in court, and the attorney general and the governor do not defend, then the proponents of the measure who sponsored it for the ballot shall be authorized to defend it. That would be a much easier case.\u003c/p>\n\u003cp>The same day that Prop 8 passed, the California redistricting commission measure passed, and that did have a provision in it that contemplated the possibility of a legal challenge and did empower the proponents of the measure to defend it in court.\u003c/p>\n\u003cp>On the one hand, hindsight is 20-20, but this is an issue that careful initiative thinkers could have had on their minds.\u003c/p>\u003c/blockquote>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/prop8standing2.mp\">\u003cstrong>Vik Amar Part 2\u003c/strong>\u003c/a>\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cblockquote>\u003cp>\u003cstrong>The U.S. Supreme Court has ruled on this issue of standing with regard to Arizona's English-only law. How is that relevant here if at all? \u003c/strong>\u003c/p>\n\u003cp>It's very important because ultimately the question of whether the Prop 8 sponsors have standing in federal court is one of federal constitutional law over which the Supreme Court could have the final say if it wants to take the case.\u003c/p>\n\u003cp>The Arizona decision over a decade ago suggests that the Supreme Court is a little bit skeptical of initiative-sponsor standing in federal court. But the Supreme Court in that case did not actually render a holding; it had some language in that case that indicated that at that moment the justices didn't seem to think that initiative backers should have standing.\u003c/p>\n\u003cp>But in this case, that is going to be explored in more depth and the outcome is going to turn on that issue.\u003c/p>\n\u003cp>There's one other possible difference. As the 9th Circuit recognized when it asked the California Supreme Court for some input: this body or area of law involves a complicated interplay between federal standing doctrine and state law. So it's possible that Arizona state law is different than California state law in that in California, perhaps initiative sponsors have more rights and a stronger interest in vindicating the initiative that they sponsored.\u003c/p>\n\u003cp>That's exactly what the California Supreme court is being asked to weigh in on: How distinctive, how important are he sponsors of initiatives under California state law? And then the 9th circuit federal court will use that information to help it decide whether standing exists for the purposes of a federal lawsuit.\u003c/p>\n\u003cp>\u003cstrong>Has this issue been dealt with by the California Supreme Court before?\u003c/strong>\u003c/p>\n\u003cp>The court has had a few sentences in a few cases that might tend to suggest that standing under state law exists on the part of initiative sponsors. But just as was true in the Arizona case, there really is no clear holding in the California Supreme Court, which is why it has a lot of leeway to come up with an answer that it thinks is best today.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/prop8standing3.mp3\">\u003cstrong>Vik Amar Part 3\u003c/strong>\u003c/a>\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cblockquote>\u003cp>\u003cstrong>In the case of legal standing, is there a liberal-conservative split?\u003c/strong>\u003c/p>\n\u003cp>Questions like standing are complicated to examine from the perspective of political or ideological inclination. On the one hand, you could say that conservatives should not want cases to be brought in court very easily because they don’t want courts meddling with what legislatures do. So they should generally like a standing doctrine that limits access to courts to reduce litigation.\u003c/p>\n\u003cp>But on the other hand, a conservative might want a standing doctrine to be more generous to Prop 8 backers, to make sure that conservative initiatives like Prop 8 aren't killed by liberal elected politicians like attorneys general and governors.\u003c/p>\n\u003cp>So standing and doctrines like it sometimes invert political instincts, because these doctrines are manipulable enough that you can often use them to reach a particular result in a particular dispute without binding yourself in other standing cases down the road, where the parties may be different and your inclinations as to a result may be different.\u003c/p>\u003c/blockquote>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Analysis: Prop 8 Standing Question May Be a Close Call; Oral Arguments Set for Sept 6",
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"content": "\u003cp>Months after agreeing to a request by the 9th Circuit Court of Appeals, the California Supreme Court has set a date (September 6th) for oral arguments to consider whether state law allows proponents of ballot measures to defend them in court when no one else will.\u003c/p>\n\u003cfigure id=\"attachment_35949\" class=\"wp-caption alignleft\" style=\"max-width: 200px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/Prop8plaintiffs.jpg\">\u003cimg class=\"size-full wp-image-35949\" title=\"Prop8plaintiffs\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/Prop8plaintiffs.jpg\" alt=\"\" width=\"200\" height=\"150\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Prop 8 plaintiffs. (Photo: Scott Shafer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The 9th Circuit panel hearing the appeal of Judge Vaughn Walker's decision striking down Proposition 8 is awaiting the State Supreme Court's decision on standing before it returns to the merits of this appeal.\u003c/p>\n\u003cp>UC Davis Law Professor Vikram Amar says the legal question is complicated and is not easily categorized in liberal versus conservative terms.\u003c/p>\n\u003cp>“On the one hand you could say conservatives should not want cases to be brought in court very easily because they don’t want the courts meddling with what the Legislature does,” says Amar. “So conservatives should generally like a standing doctrine that limits access to federal courts to reduce litigation and reduce lawsuits.” \u003c!--more-->\u003c/p>\n\u003cp>On the other hand, says Amar, “a conservative may want standing doctrine to be a little more generous to Prop. 8 backers to make sure initiatives like Prop. 8 aren’t killed by liberal elected politicians, like attorneys general and governors. So standing and issues like it sometimes invert political instincts because these doctrines are easy enough to manipulate so that you can often use them to reach a particular result in a particular dispute without binding yourself in other bind cases down the road … where your result inclinations may be different.”\u003c/p>\n\u003caside class=\"pullquote alignleft\">Standing and issues like it sometimes invert political instincts.\u003c/aside>\n\u003cp>If the court advises the 9th Circuit that California law does not give initiative proponents legal standing, it’s nearly certain the Prop. 8 appeal will die. And, Amar says, the chances the U.S. Supreme Court would take up an appeal of that are \"infinitesimally small.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Amar adds, “the U.S. Supreme Court I think has no burning desire to weigh in on gay marriage, especially since this is only a question about California.”\u003c/p>\n\u003cp>One other thing: In choosing September 6th, Chief Justice \u003ca href=\"http://en.wikipedia.org/wiki/Tani_Cantil-Sakauye\">Tani-Cantil Sakauye\u003c/a> signals what we all assume: Governor Brown's nominee \u003ca href=\"http://www.law.berkeley.edu/php-programs/faculty/facultyProfile.php?facID=4360\">Goodwin Liu\u003c/a> will be confirmed when the Commission on Judicial Appointments meets on August 31st. In addition to Cantil-Sakauye who chairs that panel, the other members are Attorney General Kamala Harris and Presiding Justice \u003ca href=\"http://judgepedia.org/index.php/Joan_Klein\">Joan Dempsey Klein\u003c/a>, of the Court of Appeal, Second Appellate District, Division Three (Los Angeles), senior presiding justice of the state Courts of Appeal. The Chief Justice is a Republican. Harris and Klein are Democrats (Klein was appointed to the bench in 1978 by Jerry Brown in his first term as governor).\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>This case will give us the first glimpse of how the new Chief Justice and presumably the junior member of the court, Justice-to-be-Liu, will deal with the question of same sex marriage, although the underlying issue here is standing.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Months after agreeing to a request by the 9th Circuit Court of Appeals, the California Supreme Court has set a date (September 6th) for oral arguments to consider whether state law allows proponents of ballot measures to defend them in court when no one else will.\u003c/p>\n\u003cfigure id=\"attachment_35949\" class=\"wp-caption alignleft\" style=\"max-width: 200px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/Prop8plaintiffs.jpg\">\u003cimg class=\"size-full wp-image-35949\" title=\"Prop8plaintiffs\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/Prop8plaintiffs.jpg\" alt=\"\" width=\"200\" height=\"150\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Prop 8 plaintiffs. (Photo: Scott Shafer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The 9th Circuit panel hearing the appeal of Judge Vaughn Walker's decision striking down Proposition 8 is awaiting the State Supreme Court's decision on standing before it returns to the merits of this appeal.\u003c/p>\n\u003cp>UC Davis Law Professor Vikram Amar says the legal question is complicated and is not easily categorized in liberal versus conservative terms.\u003c/p>\n\u003cp>“On the one hand you could say conservatives should not want cases to be brought in court very easily because they don’t want the courts meddling with what the Legislature does,” says Amar. “So conservatives should generally like a standing doctrine that limits access to federal courts to reduce litigation and reduce lawsuits.” \u003c!--more-->\u003c/p>\n\u003cp>On the other hand, says Amar, “a conservative may want standing doctrine to be a little more generous to Prop. 8 backers to make sure initiatives like Prop. 8 aren’t killed by liberal elected politicians, like attorneys general and governors. So standing and issues like it sometimes invert political instincts because these doctrines are easy enough to manipulate so that you can often use them to reach a particular result in a particular dispute without binding yourself in other bind cases down the road … where your result inclinations may be different.”\u003c/p>\n\u003caside class=\"pullquote alignleft\">Standing and issues like it sometimes invert political instincts.\u003c/aside>\n\u003cp>If the court advises the 9th Circuit that California law does not give initiative proponents legal standing, it’s nearly certain the Prop. 8 appeal will die. And, Amar says, the chances the U.S. Supreme Court would take up an appeal of that are \"infinitesimally small.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Amar adds, “the U.S. Supreme Court I think has no burning desire to weigh in on gay marriage, especially since this is only a question about California.”\u003c/p>\n\u003cp>One other thing: In choosing September 6th, Chief Justice \u003ca href=\"http://en.wikipedia.org/wiki/Tani_Cantil-Sakauye\">Tani-Cantil Sakauye\u003c/a> signals what we all assume: Governor Brown's nominee \u003ca href=\"http://www.law.berkeley.edu/php-programs/faculty/facultyProfile.php?facID=4360\">Goodwin Liu\u003c/a> will be confirmed when the Commission on Judicial Appointments meets on August 31st. In addition to Cantil-Sakauye who chairs that panel, the other members are Attorney General Kamala Harris and Presiding Justice \u003ca href=\"http://judgepedia.org/index.php/Joan_Klein\">Joan Dempsey Klein\u003c/a>, of the Court of Appeal, Second Appellate District, Division Three (Los Angeles), senior presiding justice of the state Courts of Appeal. The Chief Justice is a Republican. Harris and Klein are Democrats (Klein was appointed to the bench in 1978 by Jerry Brown in his first term as governor).\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>This case will give us the first glimpse of how the new Chief Justice and presumably the junior member of the court, Justice-to-be-Liu, will deal with the question of same sex marriage, although the underlying issue here is standing.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Conservative Groups Aim to Derail LGBT History Bill With Referendum",
"title": "Conservative Groups Aim to Derail LGBT History Bill With Referendum",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>Conservative groups are aiming to derail the recently signed \u003ca href=\"http://ww2.kqed.org/news/2011/07/08/live-discussion-of-lgbt-history-bill-passed-by-legislature-waiting-for-browns-signature/\">FAIR Education Act\u003c/a> through a \u003ca href=\"http://blogs.kqed.org/capitalnotes/2011/07/20/to-the-referendum/\">referendum\u003c/a>, a \u003ca href=\"http://stopsb48.com/\">coalition\u003c/a> of organizations has announced.\u003c/p>\n\u003cp>The legislation, SB 48, is also known as the \"gay history bill,\" and requires school curricula in California to include contributions by gay and lesbian Americans.\u003c/p>\n\u003cp>I talked to Brad Dacus, attorney for and president of the Pacific Justice Institute, one of the groups trying to qualify the referendum, who said this about the FAIR Act:\u003c/p>\n\u003cblockquote>\u003cp>As far as we're concerned, this is a very extreme liberal piece of legislation that requires history and sociology to no longer be objective and focusing on accomplishments of individuals. But instead, it becomes subjective and focuses specifically on how they conduct themselves in their bedroom...That has no place in public schools. If we're going to keep history as education and not as indoctrination, then history needs to focus on history.\u003c/p>\u003c/blockquote>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/07/pacjustice1.mp3\">\u003cstrong>Pacific Justice Institute on the FAIR Education Act\u003c/strong>\u003c/a>\u003cbr>\n[audio:http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/07/pacjustice1.mp3|titles=pacjustice1]\u003c/p>\n\u003cp>\u003c!--more-->\u003cbr>\nYesterday, the institute put out a \u003ca href=\"http://www.pacificjustice.org/news/%E2%80%9Cgay-history%E2%80%9D-law-halted-referendum-drive\">press release\u003c/a>, claiming the law will be \"automatically suspended\" once the Attorney General validates the filing they made this week.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Our education reporter Ana Tintocalis, however, was given the following information from the AG's office:\u003c/p>\n\u003cul>\n\u003cli>Groups have filed papers required to start the process of putting the referendum on the ballot.\u003c/li>\n\u003cli>They will need to submit 505,000 signatures by Oct. 12 to qualify the proposal for the ballot.\u003c/li>\n\u003cli>If they do so, the law would be \"put on hold.\"\u003c/li>\n\u003cli>Until then, the law stands.\u003c/li>\n\u003c/ul>\n\u003cp>Dacus disagrees with that legal interpretation. \"Once the Attorney General's Office approves it for the ballot, then we have 90 days (to gather signatures),\" he says. \"And during that 90-day period of time, it is put on hold. And we expect the Attorney General to approve it, its format for the ballot, within a few days. So the state Attorney General's Office, I respectfully have to correct on that.\"\u003c/p>\n\u003cp>You can \u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/07/pacjusice2.mp3\">listen\u003c/a> to that answer here:\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/07/pacjusice2.mp3\">\u003cstrong>On the issue of when the law would be suspended\u003c/strong>\u003c/a>\u003cbr>\n[audio:http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/07/pacjusice2.mp3|titles=pacjusice2]\u003c/p>\n\u003cp>\u003cem>Update 3:50 p.m.\u003c/em>: Ana Tintocalis called to follow up with Mr. Dacus, but he referred her to the group's chief counsel, Kevin Snider, whom she is waiting to hear back from.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The legislation is not slated to take effect until January 1, 2012. But Ana Tintocalis has talked to educators around the state who say they are already gearing up to implement new curricula based on the law.\u003c/p>\n\n",
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"description": "Conservative groups are aiming to derail the recently signed FAIR Education Act through a referendum, a coalition of organizations has announced. The legislation, SB 48, is also known as the "gay history bill," and requires school curricula in California to include contributions by gay and lesbian Americans. I talked to Brad Dacus, attorney for and",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Conservative groups are aiming to derail the recently signed \u003ca href=\"http://ww2.kqed.org/news/2011/07/08/live-discussion-of-lgbt-history-bill-passed-by-legislature-waiting-for-browns-signature/\">FAIR Education Act\u003c/a> through a \u003ca href=\"http://blogs.kqed.org/capitalnotes/2011/07/20/to-the-referendum/\">referendum\u003c/a>, a \u003ca href=\"http://stopsb48.com/\">coalition\u003c/a> of organizations has announced.\u003c/p>\n\u003cp>The legislation, SB 48, is also known as the \"gay history bill,\" and requires school curricula in California to include contributions by gay and lesbian Americans.\u003c/p>\n\u003cp>I talked to Brad Dacus, attorney for and president of the Pacific Justice Institute, one of the groups trying to qualify the referendum, who said this about the FAIR Act:\u003c/p>\n\u003cblockquote>\u003cp>As far as we're concerned, this is a very extreme liberal piece of legislation that requires history and sociology to no longer be objective and focusing on accomplishments of individuals. But instead, it becomes subjective and focuses specifically on how they conduct themselves in their bedroom...That has no place in public schools. If we're going to keep history as education and not as indoctrination, then history needs to focus on history.\u003c/p>\u003c/blockquote>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/07/pacjustice1.mp3\">\u003cstrong>Pacific Justice Institute on the FAIR Education Act\u003c/strong>\u003c/a>\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c!--more-->\u003cbr>\nYesterday, the institute put out a \u003ca href=\"http://www.pacificjustice.org/news/%E2%80%9Cgay-history%E2%80%9D-law-halted-referendum-drive\">press release\u003c/a>, claiming the law will be \"automatically suspended\" once the Attorney General validates the filing they made this week.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Our education reporter Ana Tintocalis, however, was given the following information from the AG's office:\u003c/p>\n\u003cul>\n\u003cli>Groups have filed papers required to start the process of putting the referendum on the ballot.\u003c/li>\n\u003cli>They will need to submit 505,000 signatures by Oct. 12 to qualify the proposal for the ballot.\u003c/li>\n\u003cli>If they do so, the law would be \"put on hold.\"\u003c/li>\n\u003cli>Until then, the law stands.\u003c/li>\n\u003c/ul>\n\u003cp>Dacus disagrees with that legal interpretation. \"Once the Attorney General's Office approves it for the ballot, then we have 90 days (to gather signatures),\" he says. \"And during that 90-day period of time, it is put on hold. And we expect the Attorney General to approve it, its format for the ballot, within a few days. So the state Attorney General's Office, I respectfully have to correct on that.\"\u003c/p>\n\u003cp>You can \u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/07/pacjusice2.mp3\">listen\u003c/a> to that answer here:\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/07/pacjusice2.mp3\">\u003cstrong>On the issue of when the law would be suspended\u003c/strong>\u003c/a>\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>Update 3:50 p.m.\u003c/em>: Ana Tintocalis called to follow up with Mr. Dacus, but he referred her to the group's chief counsel, Kevin Snider, whom she is waiting to hear back from.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The legislation is not slated to take effect until January 1, 2012. But Ana Tintocalis has talked to educators around the state who say they are already gearing up to implement new curricula based on the law.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Obama Ends 'Don't Ask, Don't Tell'",
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"content": "\u003cfigure id=\"attachment_34873\" class=\"wp-caption alignleft\" style=\"max-width: 298px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/07/dadt0722.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/07/dadt0722.jpg\" alt=\"US President Barack Obama greets former US Army Captain Jonathan Hopkins, who was honorably discharged because of “don't ask don't tell” in August 2010\" title=\"dadt0722\" width=\"298\" height=\"198\" class=\"size-full wp-image-34873\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">President Barack Obama greets former U.S. Army Captain Jonathan Hopkins, who was honorably discharged because of “don't ask don't tell” in August 2010. (Photo: Saul Loeb/AFP/Getty)\u003c/figcaption>\u003c/figure>\n\u003cp>WASHINGTON (AP) — President Barack Obama on Friday formally signed off on ending the ban on gays serving openly in the U.S. military, doing away with a policy that has been controversial from the day it was enacted and making good on his 2008 election campaign promise to the gay community.\u003c/p>\n\u003cp>The president joined Defense Secretary Leon Panetta and Adm. Mike Mullen, the top U.S. military officer, in signing a notice and sending it to Congress certifying that military readiness would not be hurt by repealing the 17-year-old \"don't ask, don't tell\" policy.\u003c/p>\n\u003cp>That means that 60 days from now the ban will be lifted.\u003c/p>\n\u003cp>\"As commander in chief, I have always been confident that our dedicated men and women in uniform would transition to a new policy in an orderly manner that preserves unit cohesion, recruitment, retention and military effectiveness,\" Obama said in a statement. \u003c!--more-->\u003c/p>\n\u003cp>\"Today's action follows extensive training of our military personnel and certification by Secretary Panetta and Admiral Mullen that our military is ready for repeal. As of September 20th, service members will no longer be forced to hide who they are in order to serve our country.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Friday's move was expected under the repeal law Congress passed in December. Before \"don't ask, don't tell,\" the military did not allow gays to serve. But in 1993 Clinton said gays would be discharged only if their sexual orientation became known.\u003c/p>\n\u003cp>Repeal has drawn strong opposition from some in Congress, and there was initial reluctance from military leaders who worried it could cause a backlash and erode troop cohesion on the battlefield.\u003c/p>\n\u003cp>But two weeks ago, the chiefs of the military services told Panetta that ending the ban would not affect military readiness.\u003c/p>\n\u003cp>Advocacy groups that fought for the change called the decision Friday long-overdue, while opponents said it's a political payoff to left-leaning gay and lesbian activists.\u003c/p>\n\u003cp>\"The president's certification of repeal is a monumental step, not just for those forced to lie in order to serve, but for all Americans who believe in fairness and equality,\" said Human Rights Campaign President Joe Solmonese.\u003c/p>\n\u003cp>Elaine Donnelly, who heads the Center for Military Readiness, which has lobbied against repeal, said it will \"undermine morale and readiness in the all-volunteer force.\"\u003c/p>\n\u003cp>The Pentagon is expected to spend the next 60 days preparing the troops for the change, and ironing out legal and technical details, including how it will affect housing, military transfers and other health and social benefits.\u003c/p>\n\u003cp>In most cases, the guidelines require that gays and lesbians be treated like any other member of the military.There will be differences, however. Same sex partners will not get the same housing and other benefits as married couples. Instead, they are more likely to be treated like unmarried couples.\u003c/p>\n\u003cp>Once the repeal is final, service members can no longer be discharged for openly acknowledging they are gay. That is the key change. And those who have been discharged previously based solely on the gay ban may apply to re-enter the force.\u003c/p>\n\u003cp>Service members may also designate their same-sex partners as beneficiaries for insurance and other benefits — something they may have avoided earlier for fear it would cause their dismissal.\u003c/p>\n\u003cp>One of the thornier issues is gay marriage.\u003c/p>\n\u003cp>An initial move by the Navy earlier this year to train chaplains about same-sex civil unions in states where they are legal was shelved after more than five dozen Congress members objected.\u003c/p>\n\u003cp>The training, lawmakers told Navy Secretary Ray Mabus, violated the 1996 Defense of Marriage Act by appearing to recognize and support same-sex marriages.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Complete O\u003ca href=\"http://www.whitehouse.gov/the-press-office/2011/07/22/statement-president-certification-repeal-dont-ask-dont-tell\">bama statement\u003c/a> and \u003ca href=\"http://www.whitehouse.gov/sites/default/files/uploads/dadtcert.pdf\">certification\u003c/a> (pdf) here.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_34873\" class=\"wp-caption alignleft\" style=\"max-width: 298px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/07/dadt0722.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/07/dadt0722.jpg\" alt=\"US President Barack Obama greets former US Army Captain Jonathan Hopkins, who was honorably discharged because of “don't ask don't tell” in August 2010\" title=\"dadt0722\" width=\"298\" height=\"198\" class=\"size-full wp-image-34873\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">President Barack Obama greets former U.S. Army Captain Jonathan Hopkins, who was honorably discharged because of “don't ask don't tell” in August 2010. (Photo: Saul Loeb/AFP/Getty)\u003c/figcaption>\u003c/figure>\n\u003cp>WASHINGTON (AP) — President Barack Obama on Friday formally signed off on ending the ban on gays serving openly in the U.S. military, doing away with a policy that has been controversial from the day it was enacted and making good on his 2008 election campaign promise to the gay community.\u003c/p>\n\u003cp>The president joined Defense Secretary Leon Panetta and Adm. Mike Mullen, the top U.S. military officer, in signing a notice and sending it to Congress certifying that military readiness would not be hurt by repealing the 17-year-old \"don't ask, don't tell\" policy.\u003c/p>\n\u003cp>That means that 60 days from now the ban will be lifted.\u003c/p>\n\u003cp>\"As commander in chief, I have always been confident that our dedicated men and women in uniform would transition to a new policy in an orderly manner that preserves unit cohesion, recruitment, retention and military effectiveness,\" Obama said in a statement. \u003c!--more-->\u003c/p>\n\u003cp>\"Today's action follows extensive training of our military personnel and certification by Secretary Panetta and Admiral Mullen that our military is ready for repeal. As of September 20th, service members will no longer be forced to hide who they are in order to serve our country.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Friday's move was expected under the repeal law Congress passed in December. Before \"don't ask, don't tell,\" the military did not allow gays to serve. But in 1993 Clinton said gays would be discharged only if their sexual orientation became known.\u003c/p>\n\u003cp>Repeal has drawn strong opposition from some in Congress, and there was initial reluctance from military leaders who worried it could cause a backlash and erode troop cohesion on the battlefield.\u003c/p>\n\u003cp>But two weeks ago, the chiefs of the military services told Panetta that ending the ban would not affect military readiness.\u003c/p>\n\u003cp>Advocacy groups that fought for the change called the decision Friday long-overdue, while opponents said it's a political payoff to left-leaning gay and lesbian activists.\u003c/p>\n\u003cp>\"The president's certification of repeal is a monumental step, not just for those forced to lie in order to serve, but for all Americans who believe in fairness and equality,\" said Human Rights Campaign President Joe Solmonese.\u003c/p>\n\u003cp>Elaine Donnelly, who heads the Center for Military Readiness, which has lobbied against repeal, said it will \"undermine morale and readiness in the all-volunteer force.\"\u003c/p>\n\u003cp>The Pentagon is expected to spend the next 60 days preparing the troops for the change, and ironing out legal and technical details, including how it will affect housing, military transfers and other health and social benefits.\u003c/p>\n\u003cp>In most cases, the guidelines require that gays and lesbians be treated like any other member of the military.There will be differences, however. Same sex partners will not get the same housing and other benefits as married couples. Instead, they are more likely to be treated like unmarried couples.\u003c/p>\n\u003cp>Once the repeal is final, service members can no longer be discharged for openly acknowledging they are gay. That is the key change. And those who have been discharged previously based solely on the gay ban may apply to re-enter the force.\u003c/p>\n\u003cp>Service members may also designate their same-sex partners as beneficiaries for insurance and other benefits — something they may have avoided earlier for fear it would cause their dismissal.\u003c/p>\n\u003cp>One of the thornier issues is gay marriage.\u003c/p>\n\u003cp>An initial move by the Navy earlier this year to train chaplains about same-sex civil unions in states where they are legal was shelved after more than five dozen Congress members objected.\u003c/p>\n\u003cp>The training, lawmakers told Navy Secretary Ray Mabus, violated the 1996 Defense of Marriage Act by appearing to recognize and support same-sex marriages.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Complete O\u003ca href=\"http://www.whitehouse.gov/the-press-office/2011/07/22/statement-president-certification-repeal-dont-ask-dont-tell\">bama statement\u003c/a> and \u003ca href=\"http://www.whitehouse.gov/sites/default/files/uploads/dadtcert.pdf\">certification\u003c/a> (pdf) here.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Last night the conservative news commentator Stephen Colbert erupted in outrage on his show over California's recently passed \u003ca href=\"http://ww2.kqed.org/news/2011/07/08/live-discussion-of-lgbt-history-bill-passed-by-legislature-waiting-for-browns-signature/\">LGBT history bill\u003c/a>. Amidst the vitriol, he takes a little time to educate us through his own primer on gay history, including the 1970s period, during which \"gay made a comeback when \u003ca href=\"http://www.youtube.com/watch?v=PvILVPofz7o&feature=related\">Paul Lynde was given the center square\u003c/a>. Impressionable children home sick from school watched him, were converted, and boom! Ever since then, it's been gay gay gay gay gay.\" (There may have been another \"gay\" in there as well, not sure.)\u003c/p>\n\u003cp>\u003ca href=\"http://www.hulu.com/watch/260877/the-colbert-report-is-on-edjukashun\">Video here\u003c/a> or below. \u003c/p>\n\u003cdiv style=\"text-align: center\">\u003cobject width=\"512\" height=\"288\">\u003cparam name=\"movie\" value=\"http://www.hulu.com/aol/http%3A%2F%2Fwww.hulu.com%2Fwatch%2F260877%2Fthe-colbert-report-is-on-edjukashun/embed/6BqhnXa3gsZ7uDKTY_heYg\">\u003cparam name=\"allowFullScreen\" value=\"true\">\u003cembed src=\"http://www.hulu.com/aol/http%3A%2F%2Fwww.hulu.com%2Fwatch%2F260877%2Fthe-colbert-report-is-on-edjukashun/embed/6BqhnXa3gsZ7uDKTY_heYg\" type=\"application/x-shockwave-flash\" width=\"512\" height=\"288\" allowfullscreen=\"true\">\u003c/embed>\u003c/object>\u003c/div>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cp>Rachael Myrow here, host of the California Report, with a handful of links to cool and/or important stories outside the Bay Area local readers should check out.\u003c/p>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cul>\n\u003cli>\u003ca title=\"Two new suspects held in beating of Giants fan Bryan Stow\" href=\"http://www.latimes.com/news/local/la-me-dodger-beating-20110722,0,5208386.story\" target=\"_top\">Two new suspects held in beating of Giants fan Bryan Stow\u003c/a> (Los Angeles Times)\u003c/li>\n\u003cli>\u003ca href=\"http://latimesblogs.latimes.com/california-politics/2011/07/california-prison-hunger-strike.html\" target=\"_blank\">California prison hunger strike still on\u003c/a> (Los Angeles Times)\u003c/li>\n\u003cli>\u003ca title=\"http://www.nytimes.com/2011/07/20/technology/16-arrested-as-fbi-hits-the-hacking-group-anonymous.html?emc=tnt&tntemail0=y\" href=\"http://www.nytimes.com/2011/07/20/technology/16-arrested-as-fbi-hits-the-hacking-group-anonymous.html?emc=tnt&tntemail0=y\">\u003cstrong>\u003c/strong>\u003c/a>\u003ca title=\"Bicyclist harassment outlawed by Los Angeles City Council\" href=\"http://www.latimes.com/news/local/la-me-bicycle-law-20110721,0,3219222.story\" target=\"_top\">\u003c/a>\u003ca href=\"http://www.signonsandiego.com/news/2011/jul/21/panetta-ready-eliminate-militarys-gay-ban/\">Panetta ready to eliminate military's gay ban\u003c/a> (San Diego Union Tribune)\u003c/li>\n\u003cli>\u003ca title=\"http://www.nytimes.com/2011/07/21/business/media/at-comic-con-a-testing-ground-for-toymakers.html?emc=tnt&tntemail0=y\" href=\"http://www.nytimes.com/2011/07/21/business/media/at-comic-con-a-testing-ground-for-toymakers.html?emc=tnt&tntemail0=y\">\u003cstrong>\u003c/strong>\u003c/a>\u003ca href=\"http://www.signonsandiego.com/news/2011/jul/21/beer-bust-americas-finest-beer-festival-cancelled/\">Beer bust: \"America's Finest Beer Festival\" canceled\u003c/a> (San Diego Union Tribune)\u003c/li>\n\u003cli>\u003ca href=\"http://news.blogs.cnn.com/2011/07/22/dea-nabs-nearly-2000-in-cartel-crackdown/\" target=\"_blank\">DEA nabs nearly 2000 in cartel crackdown\u003c/a> (CNN)\u003c/li>\n\u003c/ul>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Rachael Myrow here, host of the California Report, with a handful of links to cool and/or important stories outside the Bay Area local readers should check out.\u003c/p>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cul>\n\u003cli>\u003ca title=\"Two new suspects held in beating of Giants fan Bryan Stow\" href=\"http://www.latimes.com/news/local/la-me-dodger-beating-20110722,0,5208386.story\" target=\"_top\">Two new suspects held in beating of Giants fan Bryan Stow\u003c/a> (Los Angeles Times)\u003c/li>\n\u003cli>\u003ca href=\"http://latimesblogs.latimes.com/california-politics/2011/07/california-prison-hunger-strike.html\" target=\"_blank\">California prison hunger strike still on\u003c/a> (Los Angeles Times)\u003c/li>\n\u003cli>\u003ca title=\"http://www.nytimes.com/2011/07/20/technology/16-arrested-as-fbi-hits-the-hacking-group-anonymous.html?emc=tnt&tntemail0=y\" href=\"http://www.nytimes.com/2011/07/20/technology/16-arrested-as-fbi-hits-the-hacking-group-anonymous.html?emc=tnt&tntemail0=y\">\u003cstrong>\u003c/strong>\u003c/a>\u003ca title=\"Bicyclist harassment outlawed by Los Angeles City Council\" href=\"http://www.latimes.com/news/local/la-me-bicycle-law-20110721,0,3219222.story\" target=\"_top\">\u003c/a>\u003ca href=\"http://www.signonsandiego.com/news/2011/jul/21/panetta-ready-eliminate-militarys-gay-ban/\">Panetta ready to eliminate military's gay ban\u003c/a> (San Diego Union Tribune)\u003c/li>\n\u003cli>\u003ca title=\"http://www.nytimes.com/2011/07/21/business/media/at-comic-con-a-testing-ground-for-toymakers.html?emc=tnt&tntemail0=y\" href=\"http://www.nytimes.com/2011/07/21/business/media/at-comic-con-a-testing-ground-for-toymakers.html?emc=tnt&tntemail0=y\">\u003cstrong>\u003c/strong>\u003c/a>\u003ca href=\"http://www.signonsandiego.com/news/2011/jul/21/beer-bust-americas-finest-beer-festival-cancelled/\">Beer bust: \"America's Finest Beer Festival\" canceled\u003c/a> (San Diego Union Tribune)\u003c/li>\n\u003cli>\u003ca href=\"http://news.blogs.cnn.com/2011/07/22/dea-nabs-nearly-2000-in-cartel-crackdown/\" target=\"_blank\">DEA nabs nearly 2000 in cartel crackdown\u003c/a> (CNN)\u003c/li>\n\u003c/ul>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Yesterday on KQED Radio’s Forum, host Michael Krasny and guests debated the Respect for Marriage Act, a repeal of the federal Defense of Marriage Act, which legally defines marriage as a union between a man and a woman, which has the effect of denying a range of benefits to same-sex married couples that are afforded to married people of the opposite sex. \u003c/p>\n\u003cp>Here’s a \u003ca href=\"http://ww2.kqed.org/news/2011/07/20/senate-judiciary-committee-on-repeal-of-defense-of-marriage-act/\">video replay\u003c/a> of Senate Judiciary Committee hearing on the bill, which is being sponsored by Senator Dianne Feinstein, here. \u003c/p>\n\u003cp>Discussing the issue on Forum yesterday were Bill May, chairman of Catholics for the Common Good and an opponent of the Respect for Marriage Act, Jerrold Nadler, U.S. congressman (D NY) and co-sponsor of the bill, and Kate Kendell, executive director of the \u003ca href=\"http://www.nclrights.org/site/PageServer\">National Center for Lesbian Rights\u003c/a> and a bill proponent. \u003c/p>\n\u003cp>Listen to some of that show or read an edited transcript below:\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/07/domadebate.mp3\">\u003cstrong>Debate on repealing the Defense of Marriage Act\u003c/strong>\u003c/a>\u003cbr>\n[audio:http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/07/domadebate.mp3|titles=domadebate]\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cblockquote>\u003cp>\n\u003cstrong>Michael Krasny\u003c/strong>:\u003cbr>\nWhere marriage is concerned, and divorce and inheritance and adoptions, certainly those things have traditionally come under state law, so why keep a federal law like DOMA in place?\u003c/p>\n\u003cp>\u003cstrong>Bill May, Catholics for the Common Good\u003c/strong>:\u003c/p>\n\u003cp>To reduce marriage to just a package of benefits demonstrates how shallow the understanding of what marriage really is. Marriage is an institution that unites a man and a woman with each other and any children born from the union. It’s the only institution that does that. \u003c/p>\n\u003cp>The government is saying and in fact it’s a stated policy of the Obama administration that the government has no interest in uniting a man and a woman with each other and any children born from their union. \u003c/p>\n\u003cp>What’s happening here is not creating a new entity called same-sex marriage but redefining the reality of marriage to simply a public recognition of a committed relationship between adults for their private interests, for benefits. And that’s just a response to a very very powerful public interest and ignores the common interest that every child has in the marriage of his or her mother and father.\u003c/p>\n\u003cp>\u003cstrong>Michael Krasny\u003c/strong>\u003cbr>\nWell if it’s just benefits, they also affect real people in a very profound way, I’m sure you would concede. You’ve got people who have been together for decades and suddenly they don’t have the benefits that are afforded to other couples for that period. \u003c/p>\n\u003cp>\u003cstrong>Bill May\u003c/strong>\u003cbr>\nWell everyone has benefits that affect them in a personal way and some people qualify for benefits and other people don’t. This isn’t about benefits, it’s about the institution that unites a man and a woman with each other and any children born from their union. Do we stand with the powerful interests that want to redefine that to just the private interest for adults or to the common interest that every child has in that institution? \u003c/p>\n\u003cp>\u003cstrong>Kate Kendell, National Center for Lesbian Rights and a proponent of the \u003c/strong>\u003c/p>\n\u003cp>There’s nothing about expanding equality and fairness and justice to include people who have been traditionally excluded that works a redefinition to the institution of marriage. It is about making this country more fair, more just, more egalitarian, affording to same-sex relationships the same dignity, the same security, that we do every other married couple. It’s an expansion of a greater ideal that we include more people to be covered by the protections and the security and the dignity and the nomenclature and the common humanity that comes with couples who are married by affording that same recognition. \u003c/p>\n\u003cp>I would agree with Bill on one point: It is about much more than benefits. We’re talking about a system and an understanding and an institution that everybody has deep feelings for and experience with. Marriage, when people choose to make that decision, is not about benefits. It is about love and commitment and shared sacrifice. \u003c/p>\n\u003cp>And what I appreciate seeing in the whole discourse around marriage and the rights of same-sex couples, is that we are finally understanding – and the polls show this month after month, year after year – that we are three-dimensions as lesbian, gay, bisexual, and transgender people, we’re not just in the streets marching, we’re not just on talk shows advocating for our rights. We have the same yearning for love and joy and commitment and dignity in our relationship as anyone else. And to have us alone to not have the rights that are accorded to couples who are married is unconscionable in a country that says our constitution protects everyone.\u003c/p>\n\u003cp>\u003cstrong>Michael Krasny, host \u003c/strong>\u003cbr>\nBill May, as a good Catholic, what do you think when you hear this is about justice and love and things of that sort? It doesn’t sound like rhetoric, it sounds like authentic, sincere sentiments. \u003c/p>\n\u003cp>\u003cstrong>Bill May\u003c/strong>\u003cbr>\nWell of course it is. Everyone is made for love. We crave it, we need it. Everybody can love. It’s not about that. While everybody is made for love, not everybody is made for marriage that unites a man and a woman and any children that are born from their union. \u003c/p>\n\u003cp>It’s not true that this isn’t redefining marriage. All Kate has to do is to go to Judge Walker’s decision that overturned Prop 8 in California that shows he created a whole new definition of marriage and treated it as a private interest for the benefits of adults in order to come to his conclusion. \u003c/p>\n\u003cp>That’s not what marriage is. Marriage unites a man and a woman and any children that are born from their union. \u003c/p>\n\u003c/blockquote>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cblockquote>\u003cp>\n\u003cstrong>Michael Krasny\u003c/strong>:\u003cbr>\nWhere marriage is concerned, and divorce and inheritance and adoptions, certainly those things have traditionally come under state law, so why keep a federal law like DOMA in place?\u003c/p>\n\u003cp>\u003cstrong>Bill May, Catholics for the Common Good\u003c/strong>:\u003c/p>\n\u003cp>To reduce marriage to just a package of benefits demonstrates how shallow the understanding of what marriage really is. Marriage is an institution that unites a man and a woman with each other and any children born from the union. It’s the only institution that does that. \u003c/p>\n\u003cp>The government is saying and in fact it’s a stated policy of the Obama administration that the government has no interest in uniting a man and a woman with each other and any children born from their union. \u003c/p>\n\u003cp>What’s happening here is not creating a new entity called same-sex marriage but redefining the reality of marriage to simply a public recognition of a committed relationship between adults for their private interests, for benefits. And that’s just a response to a very very powerful public interest and ignores the common interest that every child has in the marriage of his or her mother and father.\u003c/p>\n\u003cp>\u003cstrong>Michael Krasny\u003c/strong>\u003cbr>\nWell if it’s just benefits, they also affect real people in a very profound way, I’m sure you would concede. You’ve got people who have been together for decades and suddenly they don’t have the benefits that are afforded to other couples for that period. \u003c/p>\n\u003cp>\u003cstrong>Bill May\u003c/strong>\u003cbr>\nWell everyone has benefits that affect them in a personal way and some people qualify for benefits and other people don’t. This isn’t about benefits, it’s about the institution that unites a man and a woman with each other and any children born from their union. Do we stand with the powerful interests that want to redefine that to just the private interest for adults or to the common interest that every child has in that institution? \u003c/p>\n\u003cp>\u003cstrong>Kate Kendell, National Center for Lesbian Rights and a proponent of the \u003c/strong>\u003c/p>\n\u003cp>There’s nothing about expanding equality and fairness and justice to include people who have been traditionally excluded that works a redefinition to the institution of marriage. It is about making this country more fair, more just, more egalitarian, affording to same-sex relationships the same dignity, the same security, that we do every other married couple. It’s an expansion of a greater ideal that we include more people to be covered by the protections and the security and the dignity and the nomenclature and the common humanity that comes with couples who are married by affording that same recognition. \u003c/p>\n\u003cp>I would agree with Bill on one point: It is about much more than benefits. We’re talking about a system and an understanding and an institution that everybody has deep feelings for and experience with. Marriage, when people choose to make that decision, is not about benefits. It is about love and commitment and shared sacrifice. \u003c/p>\n\u003cp>And what I appreciate seeing in the whole discourse around marriage and the rights of same-sex couples, is that we are finally understanding – and the polls show this month after month, year after year – that we are three-dimensions as lesbian, gay, bisexual, and transgender people, we’re not just in the streets marching, we’re not just on talk shows advocating for our rights. We have the same yearning for love and joy and commitment and dignity in our relationship as anyone else. And to have us alone to not have the rights that are accorded to couples who are married is unconscionable in a country that says our constitution protects everyone.\u003c/p>\n\u003cp>\u003cstrong>Michael Krasny, host \u003c/strong>\u003cbr>\nBill May, as a good Catholic, what do you think when you hear this is about justice and love and things of that sort? It doesn’t sound like rhetoric, it sounds like authentic, sincere sentiments. \u003c/p>\n\u003cp>\u003cstrong>Bill May\u003c/strong>\u003cbr>\nWell of course it is. Everyone is made for love. We crave it, we need it. Everybody can love. It’s not about that. While everybody is made for love, not everybody is made for marriage that unites a man and a woman and any children that are born from their union. \u003c/p>\n\u003cp>It’s not true that this isn’t redefining marriage. All Kate has to do is to go to Judge Walker’s decision that overturned Prop 8 in California that shows he created a whole new definition of marriage and treated it as a private interest for the benefits of adults in order to come to his conclusion. \u003c/p>\n\u003cp>That’s not what marriage is. Marriage unites a man and a woman and any children that are born from their union. \u003c/p>\n\u003c/blockquote>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cfigure id=\"attachment_34479\" class=\"wp-caption alignleft\" style=\"max-width: 165px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/07/diannefesintein.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/07/diannefesintein-236x300.jpg\" alt=\"\" title=\"diannefesintein\" width=\"165\" height=\"210\" class=\"size-medium wp-image-34479\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Dianne Feinstein, sponsoring a repeal of the Defense of Marriage Act\u003c/figcaption>\u003c/figure>\n\u003cp>C-SPAN has posted the \u003ca href=\"http://www.c-spanvideo.org/program/RepealofD\">\u003cstrong>last 50 minutes\u003c/strong>\u003c/a> of today's Senate Judiciary Committee's consideration of a repeal of the \u003ca href=\"http://www.google.com/search?q=defense+of+marriage\">Defense of Marriage Act\u003c/a>, the 1996 law that legally defines marriage as a union between a man and a woman, and precludes any requirement that one state recognize same-sex marriages that are legal in another. \u003c/p>\n\u003cp>The repeal bill, called the Respect for Marriage Act, was introduced this year by California Senator Dianne Feinstein. The bill, which you can \u003ca href=\"http://www.opencongress.org/bill/112-s598/show\">read here\u003c/a>, states: \u003c/p>\n\u003cp>\"For the purposes of any Federal law in which marital status is a factor, an individual shall be considered married if that individual’s marriage is valid in the State where the marriage was entered into or, in the case of a marriage entered into outside any State, if the marriage is valid in the place where entered into and the marriage could have been entered into in a State.\"\u003c/p>\n\u003cp>Yesterday, the Obama administration announced it would \u003ca href=\"http://www.washingtonpost.com/politics/obama-backs-bill-to-repeal-defense-of-marriage-act/2011/07/19/gIQA03eQOI_story.html\">support the bill\u003c/a>, another step in its evolution toward backing same-sex marriage. In February, Attorney General Eric Holder said the administration would \u003ca href=\"http://www.washingtonpost.com/wp-dyn/content/article/2011/02/23/AR2011022303428.html\">no longer defend\u003c/a> the Defense of Marriage Act against the various challenges to it wending their way through the courts, because the administration now considers it to be unconstitutional.\u003c/p>\n\u003cp>Currently, there is a whole range of federal benefits available to opposite-sex married couples not available to same-sex couples, such as the ability to file joint federal income taxes, and pensions for government employees.\u003c/p>\n\u003cdiv style=\"text-align: center\">\n\u003ca href=\"http://www.c-spanvideo.org/program/RepealofD\">\u003cstrong>Watch a video of today's hearing here\u003c/strong>\u003c/a>\u003c/div>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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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.",
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"masters-of-scale": {
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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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"tuneIn": "https://tunein.com/radio/PBS-NewsHour---Full-Show-p425698/",
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},
"perspectives": {
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"order": 14
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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
},
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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",
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"spotify": "https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"
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},
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