Chicago lawyer W.B. Kelley has just informed me that the California Supreme Court has issued a response to the motion requesting a stay in preventing Proposition 8 from appearing on the November 4, 2008 statewide ballot.Here’s the text of the official order:


Case: S164520, Supreme Court of California

Date (YYYY-MM-DD): 2008-07-16

Event Description: Petition for writ of mandate/prohibition & stay denied


The Request For Judicial Notice In Support Of Petition For Extraordinary Relief, Including Writ Of Mandate And Request For Stay, received June 20, 2008, is

granted. Secretary of State Bowen’s request that we judicially notice the excerpts from the Summary of General Election Calendar contained in her preliminary

response to the Petition For Extraordinary Relief, Including Writ of Mandate And Request For Stay, filed June 30, 2008, is granted. The Request For Judicial Notice

In Support of letter brief of Amici Curiae, received July 11, 2008, is granted. The Application for Stay and Petition For Extraordinary Relief, Including Writ of Mandate, filed June 20, 2008, is DENIED. The Motion By Campaign For California Families, Randy Thomasson, And Larry Bowler To Intervene As Real

Parties In Interest, filed June 30, 2008, is denied as moot.

What it means:

The good guys (with lead plaintiff Brian Bennett, a former Equality California board member like myself) had petitioned the court to hear their arguments that the evil Proposition 8 should be stricken from the statewide ballot because signatures had been gathered with the notion that there would be no financial impact on California since the proposed constitutional amendment would only ban same-sex marriages which had already been banned by statute. However, on May 15th the California Supreme Court ruled that same-sex marriage was legal and EQCA’s argument was that Proposition 8 is now about banning future marriages and invalidating current legal marriages so it had been put on the ballot under false pretences.

Both Secretary of State Debra Bowen and Attorney General Jerry Brown opposed the good guys’ motion (although they both support marriage equality). This doesn’t necessarily make them the bad guys. The court approved their motion and denied Equality California’s. It also said that the attempt (that blogger Joe.My.God posted about earlier today) by wacko heterosexual supremacists Randy Thomasson and Larry Bowler to intervene in the case was now moot, so it didn’t need to decide that question.

To support the fight against Proposition 8, go to Equality For All.



A Black Gay Caribbean Liberal Progressive Moderate Fit Married College-Educated NPR-Listening Tennis-Playing Atheist Feminist in Los Angeles, California