Update on the en banc review

The proponents filed a request for an en banc review of the full 9th Circuit Court.  This is not news, as we knew they would file another appeal.  I mean, why come this far and not keep filing? But really, it seems moot.  At this point, it is just to continue to delay the stay that is enacted.

Here is where you can get all your Prop. 8 updates.  I love this site.  It is run through AFER and gives all and any details you might need.

I'm not sure what to say about it at this point.  But I won't stop talking :)

Moving Forward

It has been almost two weeks since the Day of Decision for Prop. 8.  I have failed to blog due to all my other life musings (I'm getting married after all!)  But I wanted to just throw out some thoughts.

On February 7th, the 9th District Court of Appeals 3-judge panel denied the appeal of Prop. 8 supporters who tried to halt Judge Vaughn Walker's initial ruling that the proposition was unconstitutional.  Prop. 8 was struck down!  Here is a quote, beautifully stated by Judge Stephen Reinhardt:

"Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples. The Constitution simply does not allow for 'laws of this sort'."

I get chills every time I read it.

But alas, there is always more. Supporters of Prop. 8 have 14 days to appeal the District Court's ruling to have an en banc review (which would include the full panel of the 9th Circuit).  That 14 days expires tomorrow.  If they do not request an en banc review with a larger panel of the appeals court, the 3-judge panel’s ruling will be the last word at this level of appeal. Wow. That means the initial stay will expire on February 28th.   But, they can also file an appeal with the U.S. Supreme Court.  They have 90 days to do so.  And they could request an extension of the stay... It's still too soon to celebrate, but my fingers and toes are crossed.

Right now, it is all about holding your breath.  Just keep swimming, just keep swimming...

Day of Decision...yet again!

You know when you are waiting for something in the mail and it seems to be taking FOREVER to get there?  And you run and check the mail every day? And when you finally get an envelope addressed to you, you tear it open and gasp for breath in anticipation of the news you were waiting for? And when you open your eyes, the letter says "DELAYED"? This is how I have been feeling for many years now.

In November 2008, rights of all LGBTQ Californians were stripped away with the passage of Prop. 8.  The fact that a law was passed that could actually take away rights from people, in this day and age, was utterly shocking.  In August 2010, Judge Vaughn Walker ruled that Prop. 8 was unconstitutional.  Hope was restored in California, however, marriages have yet to resume.  Did you hear me?  Marriages have yet to resume in California.

Now, you may say, "Woman, I know this." But honestly, there are so many people that ask me if it is legal to marry in California.  I realize people don't follow this as closely as my lovely other and I do, but it is interesting how many people think it is legal to marry someone who you love of the same sex here in California.  Damn, it SHOULD be legal!  But alas, it still is not.

For personal reasons, I am truly hoping that tomorrow's decision lifts the stay so marriages can continue in this state.  My wedding is 4 short months away.  It would be nice to promise my love and my heart in front of my friends and family and have it be legal in this state.  But if it isn't, it doesn't change my committment to my future wife nor to my daughters.  We are as legal as we can get it, and in our hearts and our life, we are married.  But that doesn't mean that I want or will settle for anything less than full federal equality.

Granted, the decision tomorrow is for the state of California (although there are ways for it to become a federal ruling if it goes on to the U.S. Supreme Court).  And I want equal rights in my state.  But it doesn't stop there. We need equality at a federal level.  As I sit here, for the second night in a row, doing taxes and banging my head against the wall with my lovely other, it is crazy of how many hoops same sex partners have to go through.  The fact that my income is her income and her income is my income and that we have to claim it as community property and add it to our earnings is completely ludicrous.  But I digress...

Tomorrow is a big day.  There are rallies planned and people are ready to react, regardless of the decision from the Ninth District Court of Appeals.  We plan on participating and being as involved as we can.  I will definitely be active in sharing information on Facebook and here on my blog. You can keep abreast at Prop 8 Trial Tracker. Cross your fingers, and your toes...even your eyes...oh wait, not the best idea.  But still, let us hope we can have equality in our state come tomorrow.