Speakers at rally warn that the fight isn’t over; lawyer with California’s National Center for Lesbian Rights calls ruling ‘an absolute grand slam’
DAVID TAFFET | Staff Writer taffet@dallasvoice.com
About 100 people gathered at the Legacy of Love monument on Cedar Springs Road on Wednesday evening, Aug. 4, to celebrate the Proposition 8 ruling by Judge Vaughn Walker.
“There’s no such thing as equality for some,” said George Freeman, a candidate for Justice of the Peace District 3. He attended the rally with his family.
“This decision is important to me because it protects all citizens of this country,” Freeman said.
Activist C.D. Kirven led the rally from the top step of the monument.
“Love between people should never be regulated,” Kirven shouted into her megaphone. “We need to celebrate.”
But Rick Vanderslice from Queer LiberAction warned that this victory could be followed by setbacks.
“We have not won yet,” he said. “We have a victory but we have a few more years of this fight.
He was referring to the expected appeal to the 9th Circuit Court of Appeals and an eventual appeal to the U.S. Supreme Court
Stonewall Democrats of Dallas President Erin Moore hailed the ruling, But she, too, warned that the fight isn’t over, and the LGBT community must get involved politically to ensure a final victory
“Nationally, we need to send people to Washington who will make us first class citizens,” Moore said.
“This ruling is about human rights,” said the Rev. Jo Hudson of Cathedral of Hope.
She said that her church has been performing same-sex marriages for 40 years, and she called the ruling a victory for liberal denominations that already treat gays and lesbians equally.
“We stand with every gay, lesbian, bisexual and transgender person who has courageously made covenant with someone they love despite the laws in our nation,” Hudson said.
The Rev. Jon Haack, senior pastor at Promise Metropolitan Community Church, also welcomed the decision, calling it a resounding victory.
The ruling affirms “the sanctity of marriage commitments regardless of sexual orientation, and the importance of equal protection under the law, specifically under the constitution of the United States,” Haack said.
Eric Crawford, attending the rally with his partner, said Walker’s ruling gives him hope for the future.
“We just got engaged,” Crawford said. “Someday we hope to get married in Texas.”
Crawford is forming a Dallas chapter of Marriage Equality USA and plans an organizational meeting on Aug. 17. The meeting will be held at in the Park Room at Park Towers, 3310 Fairmount St., at 7:30 p.m.
Chris Stoll, senior staff attorney at the National Center for Lesbian Rights in San Francisco that had filed a friend of the court brief in the case, called the ruling “an absolute, grand-slam victory and a day for all gay and lesbian people to be proud.
“It dismantled every rationale that’s ever been used for banning same-sex marriage,” he said.
Stoll said that the 9th Circuit, which will hear the appeal, will give weight to the evidence and no new evidence could be introduced.
“But the purpose of the appeal is to look at the legal determination,” he said.
To overturn the case, the court would have to find that the judge was wrong about the factual findings or that those findings don’t matter legally, Stoll said.
He called the ruling the most thorough analysis of the evidence that any court has presented and said he thought overturning it would be very difficult.
Ken Upton, supervising senior staff attorney in Lambda Legal’s South Central Regional Office in Dallas, noted that while the higher court would not look for new evidence, amicus briefs filed by either side could support existing evidence and give new data to the court.
“In terms of law, the appellate court doesn’t give the trial court deference,” Upton said.
He said the 9th Circuit could disagree on Walker’s interpretation of the law and overturn the ruling.
Once the appeal is filed, Upton said he expected it to be heard by a three-judge panel within a year. Either side could petition for their ruling to be heard en banc, or by a full nine-judge panel.
If that happens, Upton doesn’t expect it to reach the Supreme Court until October 2012. If the court decides to hear the case then, a decision probably would not be issued until the end of the session in June 2013.
The high court could rule for or against marriage rights or could issue a narrow ruling. Upton suggested they might rule that the case only applied to California. He said that state was different from other states because their courts had already determined that marriage was a fundamental right and this vote took rights away from a class of people. That has not happened in other states.
However, any positive ruling, even if it did not apply to other states, could be cited in future rulings, Upton noted.
“If the Supreme Court upholds this ruling, it raises the question of the effect of constitutional amendments throughout the country,” he said.
Although the 9th Circuit’s ruling will not have any effect on Texas, differing opinions between circuits could eventually force the Supreme Court to make a broader ruling.
This article appeared in the Dallas Voice print edition August 6, 2010.
The writer of this article is highly misguided and misinformed. All I see here are comments lacking in intelligence and insight to the real issues. I have donated a great deal of money to the Prop 8 campaign, and will continue to do so with no regret. Proud to do it. Ultimately, the US Supreme Court will rule in favor of traditional marriage. 80% of the country is in favor of traditional marriage. It is fundamental to our society. Only 5% or less of the population is homosexual and they are trying very hard to force acceptance of their lifestyle on everyone else. Very selfish agenda on their part, and abnormal at best. This is not bigotry or a civil rights issue. People are not born Gay. It is a choice. Unfortunately many people are easily confused.
Lucille, you are lost, and a robot. I pity you that you have tossed money in the name of hate. You are wrong. Have you read the 136 pages of the overturning of Prop 8 where “experts” testify under oath that what you’re saying is hogwash? Are you an expert? I think not. You are a robot that was easily manipulated to believe what The proponents of Prop 8 wanted you to believe. I love how you throw around percentages. Is this what NOM told you? They lie also. You, i’ll bet, have never met a gay person. They DONT’t want your acceptance or anyone elses. They want to be equal under the law. I find it intriguing that so many people find marriage sanctimonious when 50% of them in this country end in divorce. Is that fundamental to our society? Isn’t that an oxy moron? I believe if “everyone” can’t get married, then NO ONE can. You are very misguided in your thinking. You defame my lesbian daughter with your comments. I am sick and tired of people feeling free to spew these lies that have no basis of fact. You are easily confused. What rock did you just come out from under? Go do some research, find some basis for your comments, then you can comment. You are telling lies. Shame on you. One day what you say will be illegal. I lived with a child for 18 years that is a lesbian, and you can take my word for it, she is BORN who she is. All those 18 years. It is obvious you have no fact to base your rhetoric. So, please, please quit hurting people by your comments. If I could sue you for what you said, I would. Maybe one day!
The person using the name Lucille Causey is highly misguided and misinformed. All I see in the comment are more comments lacking in intelligence and insight to the real issues. I have donated a great deal of money to the No on Prop 8 campaign, and will continue to do so with no regret. Proud to do it. Ultimately, the US Supreme Court will rule in favor of non-discriminatory marriage. 80% of the country is in favor of non-discriminatory marriage. It is fundamental to our society. Only 5% or less of the population is homosexual and they are trying very hard to bring equality for everyone else. Very selfless agenda on their part, and normal at best. This is a civil rights issue. People are born Gay. It is not a choice but that doesn’t matter anyway. Unfortunately many people like person using the name Lucille Causey are easily confused.
Robin McGehee demoted Kip Williams and cut his pay to $48,000 a year.
How much do the Get Equal Now activists make?
Lucille Causey is truly mis-informed. Lucille said: “All I see here are comments lacking in intelligence and insight to the real issues.” and “This is not bigotry or a civil rights issue”… The real issues are our 14th amendment rights, equal protection and due process. Bigotry is defined: ‘stubborn and complete intolerance of any creed, belief, or opinion that differs from one’s own.’ My wife and I were married in California before the election (one of the 18,000). We were born in this country, pay taxes, vote, have a mortgage, worry about the economy, worry about our soldiers, try to be civic minded, and hope we get to keep our bill of rights. When the citizens of our country are treated differently, that’s discrimination and a violation of our 14th amendment rights. What we see are those of the christian faith, demanding we subscribe to the tenets of their religion. That’s bigotry. One of our rights is freedom of religion, the right to pray as we see fit without interference from the government. That’s why we have a seperation of church and state. I should be able to conduct MY business (religious or not) without YOUR religious interference. That includes going to work, paying my taxes, voting, raising my kids, and protecting my family with those societal contracts that keep the fabric of our society functioning. Marriage provides order, removes uncertainty. Why would anyone in their right mind want to eliminate something that removes chaos? Oh wait, organized religion likes to control. If they can’t control the masses through fear and repression, they lose power. Religion likes power. So maybe this whole thing is about one group wanting to have power over another group. You consider marriage to be fundamental to our society, I agree. Here is the definition of fundamental: ‘of, pertaining to, or affecting the foundation.’ Marriage is a key component to our society, the foundation of family. Marriage = Family. No group in this country should get to tell another citizen in this country what their family can be.
I suggest Lucille, that you go back and do your homework, and come back when you are better armed to debate this issue. Signed, Happily married since 10/23/2008