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I Do Love New York!
History will be made in the State of New York tomorrow, Sunday, July 24, 2011, when it becomes the seventh and largest jurisdiction in the country in which same-sex couples can legally marry. A huge, heartfelt thank you and congratulations to all of our New York colleagues, who worked so hard to win marriage equality. […]
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I Won’t Lie About My Marriage on My Taxes
My birthday is April 15. No one ever forgets my birthday, which is great of course, but it is also a sometimes bittersweet date since April 15 is always—until this year’s anomaly—tax day. Every year, I, like most other Americans, have dutifully filed my taxes by April 15. I’ve signed my tax return without giving […]
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NCLR Legal Analysis: President Obama Defends Justice by Rejecting DOMA
Today brings momentous news from President Barack Obama and the federal Department of Justice about the discriminatory and offensive so-called “Defense of Marriage Act,” or DOMA. This morning, Attorney General Eric Holder announced that, at the urging of the President, as well as based upon Mr. Holder’s own assessment, the Department of Justice will no […]
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NCLR Analysis: NCLR Overview of Today’s CA Supreme Court Decision in the Proposition 8 Case
Today in the federal court challenge to California’s Proposition 8, the California Supreme Court agreed to accept a question sent to it last month by the Ninth Circuit Court of Appeals and provided a timeline for the briefing and argument on that question. The question posed to the California Supreme Court by the Ninth Circuit […]
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In Memoriam: Diane Alexis Whipple
Today marks the 10th anniversary of the horrific death of Diane Alexis Whipple. For those of you who may not know or remember what happened to Diane, it was an unimaginable nightmare. On the late afternoon of January 26, 2001, Diane was mauled to death by two enormous dogs in the hallway of her San […]
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Analysis of Ninth Circuit Oral Argument in Perry v. Schwarzenegger (Federal Prop 8 Challenge)
Today was the long-awaited oral argument at the Ninth Circuit Court of Appeals in Perry v. Schwarzenegger, the federal court challenge to Proposition 8. The Ninth Circuit is the federal appeals court that covers California. Today’s argument was heard by a panel of three judges, who will decide whether to uphold District Court Judge Vaughn […]
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NCLR Analysis: Perry v. Schwarzenegger Ruling
Today’s decision in Perry v. Schwarzenegger is nothing short of a grand slam legal victory for LGBTQ people. In a comprehensive and crystal clear opinion, Judge Walker held that Proposition 8 is unconstitutional. Judge Walker reached this conclusion for two reasons: because Proposition 8 denies individuals the fundamental right to marry without a compelling reason to do […]
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Closing Arguments For Perry v. Schwarzenegger
It’s been several months since the parties wrapped up the presentation of evidence in Perry v. Schwarzenegger. Since then, they’ve been fighting over some issues about evidence, which are now all resolved. Today, the advocates reconvened for a full day of closing arguments, watched closely by hundreds of spectators in two overflow courtrooms. In closing arguments, […]
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The Story of Clay Greene and Harold Scull
From time to time, NCLR takes on a case that touches the hearts of anyone who hears about it. Such is the case involving Clay Greene and Harold Scull, and we are deeply grateful for the outpouring of support for Clay. In April 2008, Harold Scull, who at the age of 88 was very frail, […]
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NCLR’s Legal Director Shannon Minter on Perry v Schwarzenegger Proceedings, Day 12
Today was the final day of testimony in Perry v. Schwarzenegger. Like every day before it, today was remarkable. The majority of the day was spent on finishing up the cross-examination of David Blankenhorn, an expert witness for the defendants. As he did yesterday, renowned attorney David Boies absolutely nailed the examination. Blankenhorn did nothing […]
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NCLR’s Legal Director Shannon Minter on Perry v Schwarzenegger Proceedings, Day 11
Today was one of the most dramatic days of the trial, with startling admissions by the proponents’ two expert witnesses: Professor Kenneth Miller, testifying about the political power of gay people, and David Blankenhorn, testifying about the purposes of marriage. The morning began with the conclusion of David Boies’s cross-examination of Professor Miller. Boies confronted […]
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NCLR’s Legal Director Shannon Minter on Perry v Schwarzenegger Proceedings, Day 10
Today was another exciting day as the Prop 8 trial heads into the home stretch. The plaintiffs finished their case today, and defendants got started with their first witness, Professor Kenneth Miller. The plaintiffs’ attorneys closed their case by playing excerpts from two simulcasts that were broadcast to gatherings of evangelical voters during the Prop […]
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NCLR’s Legal Director Shannon Minter on Perry v Schwarzenegger Proceedings, Day 9
After two weeks of powerful and often emotional evidence, the plaintiffs presented their last live witness today. On Monday, after playing some videos of deposition testimony, the plaintiffs will rest their case, and then the defendants will have their turn. Typically, at the end of all witness testimony, the attorneys present closing arguments. This morning […]
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NCLR’s Legal Director Shannon Minter on Perry v Schwarzenegger Proceedings, Day 8
Today was another blockbuster day in the Perry trial, with more razor sharp testimony from Professor Gary Segura, followed by disturbing testimony by one of the official proponents of Prop 8, Dr. Hak-Shing William (“Bill”) Tam. Yesterday closed with expert testimony from Professor Segura, an authority on political representation. The plaintiffs called Professor Segura to […]
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NCLR’s Legal Director Shannon Minter on Perry v Schwarzenegger Proceedings, Day 7
It was a phenomenal day in the courtroom, in particular testimony from Ryan Kendall about forced conversion therapy that moved many to tears. We also heard surprising revelations from experts who were supposed to support Prop 8 but whose opinions instead clearly shored up our side. After today, I wish more than ever that the […]
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NCLR’s Legal Director Shannon Minter on Perry v Schwarzenegger Proceedings, Day 6
This morning we heard first from Jerry Sanders, the Republican Mayor of San Diego. I remember Mayor Sanders well from the 2008 election — he made a heartfelt and courageous statement about his lesbian daughter and why he opposed Proposition 8 that, to me, was one of the most profound moments of the campaign. Mayor […]
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NCLR’s Legal Director Shannon Minter on Perry v Schwarzenegger Proceedings, Day 5
Today, in the final day of the first week of trial, we got to see more riveting, detailed testimony from the plaintiffs’ expert witnesses, who have truly proven to be “experts” in the fullest sense of the word. We also heard the moving personal story of a woman who has seen firsthand the incredible transformative power […]
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NCLR’s Legal Director Shannon Minter on Perry v Schwarzenegger Proceedings, Day 4
The morning opened with Judge Walker’s announcement that he is withdrawing the Perry case from the pilot broadcasting program. Judge Walker’s decision followed the Supreme Court’s order preventing any broadcast of the Perry trial even to other federal courtrooms, which has been roundly and rightly criticized as an unwarranted intrusion on lower courts. Video will […]
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NCLR’s Legal Director Shannon Minter on Perry v Schwarzenegger Proceedings, Day 3
As other bloggers and news outlets have reported, the U.S. Supreme Court issued a final order today preventing the trial from being broadcast. The 5-4 opinion was unsigned, meaning that its authorship was not attributed to any one justice. The court largely ducked the substantive issue of whether federal trials should be more accessible to a broader […]
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NCLR’s Legal Director Shannon Minter on Perry v Schwarzenegger Proceedings, Day 2
The Perry plaintiffs had another great day in court. Professor Nancy Cott wrapped up her powerful testimony, which made three crucial points. First, Professor Cott provided a detailed historical account of how marriage restrictions based on race, ethnicity, and immigration status have been used “punitively” – to stigmatize and demean disfavored groups – in the […]
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