9th circuit tells neocon homophobes to take a hike.

From Jurist:

A three-judge panel of the US Court of Appeals for the Ninth Circuit on Thursday affirmed a lower court’s denial of a conservative advocacy group’s motion to intervene in a challenge to Proposition 8, California’s constitutional amendment banning same-sex marriage. The appeals court held that the district court did not abuse abuse its discretion by denying the motions to intervene. The Campaign for California Families had sought to intervene, alleging that the defending parties to the suit, Official Proponents of Proposition 8 and ProtectMarriage.com, would not adequately represent the interests of the Campaign. Judge Margaret McKeown rejected that argument:

The reality is that the Campaign and those advocating the constitutionality of Prop. 8 have identical interests—that is, to uphold Prop. 8. Any differences are rooted in style and degree, not the ultimate bottom line. Divergence of tactics and litigation strategy is not tantamount to divergence over the ultimate objective of the suit.

The Campaign alleges that the current defendants in the suit challenging Proposition 8 have compromised upholding the measure by conceding to facts that declare homosexuality is an immutable characteristics. The current defending parties deny those claims.

In August, a judge in the US District Court for the Northern District of California ruled that several advocacy organizations representing both sides of the issue could not intervene in the lawsuit challenging Proposition 8. The lawsuit was filed in May by former US solicitor general Ted Olson and prominent litigator David Boies, who were opposing counsel in Bush v. Gore, which decided the outcome of the contested 2000 US Presidential election. The challenge was announced shortly after the California Supreme Court ruled that state law challenges to the ban lacked merit. Proposition 8, approved by voters in November, was a response to the California Supreme Court’s decision last year striking down a statutory ban on same-sex marriage as violating the equal protection and privacy provisions of the state constitution.

It’s too soon to celebrate, but even a small victory like this feels good.

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CA No on Prop 8 group was a mess.

I think this McClatchy article tells us a lot about the No on Prop 8 campaign:

A week after California voters approved Proposition 8 and decreed they wanted to end same-sex marriage in the state, details are emerging of an opposition campaign that was in disarray.

Key staff members – including the campaign manager – were replaced in the final weeks as polls turned dramatically against the No side. Their replacements say they found an effort that was too timid, slow to react, without a radio campaign or a strategy to reach out to African Americans, a group that ultimately supported the measure by more than 2 to 1.

Gay marriage supporters are looking to the courts to overturn the decision. But if another political campaign is waged, said Dennis Mangers, co-chairman of the No on 8 Northern California Committee, “we’ll have to do better.”

No on 8 campaign manager Steve Smith was shoved aside three weeks before Election Day, after he was slow to counter TV ads in which the measure’s supporters claimed that same-sex marriage would be promoted in schools if the measure failed.

Two Sacramento political consultants – Joe Rodota, a Republican, and Gale Kaufman, a Democrat – were brought in by the No campaign. Republican consultant Rick Claussen was asked for advice.

The campaign’s public relations firm, Ogilvy Public Relations Worldwide, was replaced by Sacramento-based Perry Communications Group.

Like the anti-war effort, this effort was fractured..and it screwed the pooch so to speak.

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hate wins out

I could never say this half as well. I am grateful for Digby’s ability to put into words what the victory of hate over love means in California:

How people can vote for the first African American president in American history, with all that implies, while simultaneously voting to discriminate against gays is testament to the incoherence of American politics and the lack of clear cut philosophy guiding people’s choices. Everyone says there’s too much ideology in our politics but I’d say there isn’t enough. There isn’t enough common sense either. Discrimination against others just because you don’t like how they live their lives is against the very essence of the two pillars of America — liberty and equality. To fail to see that even as you vote for an historic, important first African American is incoherent.

I keep hearing about how this will right itself in the long run, that it’s just a matter of waiting until this new generation gets old enough and then gay rights will magically be “granted.” I hope that’s true. But to paraphrase a saying that’s been overused lately — in the long run all of today’s gay partners and gay parents will be dead. These soothing tones of “patience” and “don’t worry” don’t mean much when you consider that you only have one life to live.

It’s terrific that we are seeing a decline in racism to the extent that we are able to elect a black president. We’ve come a long way and there’s no taking anything away from those who waged the struggle over all these centuries. But our society is not truly changed if it’s still writing discrimination into law.

It’s as if we just can’t be America unless we are taking active steps to marginalize somebody.

Go read. My joy over the rejection of right wing ideology by the majority of people in this country is profoundly tempered by the sickening triumph of hate in California.

Crossposted at Big Ass Belle.

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