Showing posts with label Arnold Schwarzenegger. Show all posts
Showing posts with label Arnold Schwarzenegger. Show all posts
CA Sup Ct Refuses To Force State To Appeal Prop 8
As I blogged about earlier in the week, the Pacific Justice Institute sued the Governor and Attorney General on Monday to attempt to force them to defend Proposition 8, but the 3rd District Court of Appeals rejected their argument. Now the state's highest court has also rejected their legal argument.
The court did not explain why it rejected the emergency petition filed by the Pacific Justice Institute. The institute had argued that the attorney general and governor were required to uphold all laws, including initiatives passed by voters.
Earlier Wednesday, lawyers for Attorney General Jerry Brown and Schwarzenegger filed letters with the court maintaining state officers have authority to choose which laws they challenge or defend in court.
"The governor, like any litigant, has complete discretion over his own litigation strategy, including whether or not to appeal an order," counsel Andrew Stroud wrote for Schwarzenegger. "Here, the governor exercised his discretion and decided not to file an appeal."
[...]
Schwarzenegger, who has been under pressure from fellow Republicans to appeal Walker's decision, has said he supports the judge's verdict. Brown, who is the Democratic nominee to succeed Schwarzenegger as governor, has said he cannot defend Proposition 8 because he agrees it is unconstitutional.
"Although it is not every day that the attorney general declines to defend a state law, the state Constitution or an initiative, he may do so because his oath requires him (to) support the United States Constitution as the supreme law of the law," Deputy Attorney General Tamar Pachter wrote on Brown's behalf Wednesday.
The coalition of conservative and religious groups that sponsored Proposition 8 has appealed Walker's ruling to the 9th U.S. Circuit Court of Appeals. But doubts have been raised about whether its members have authority to do so because as ordinary citizens, they are not responsible for enforcing marriage laws.
The 9th Circuit has said that is one of the issues it will take up when it hears oral arguments in early December.
If the federal appeals court dismisses the appeal because the ban's proponents lack legal standing, Walker's ruling would become final unless the U.S. Supreme Court agrees to take up the case.All people interested in marriage equality will be watching the 9th U.S. Circuit Court of Appeals arguments very closely in this case. It would sort of be unfortunate f the case was decided on a relatively abstruse legal point like standing, instead of the very importantfederal constitutional issues raised in Walker's District Court opinion of August 4.
EQCA Has 7 LGBT-related Bills On Governor's Desk
They are:
- The Mental Health Services for At-Risk Youth bill (Leno) will increase LGBT youths’ access to counseling.
- The Repeal of Discriminatory Code bill (Lowenthal) will end California’s search for a “gay cure.”
- The Civil Marriage Religious Freedom Act (Leno) will codify freedom of religion in relation to civil marriage.
- The LGBT Prisoner Safety Act (Ammiano) will reduce violence against LGBT people in the state prison system.
- The Separation Equity Act (Ma) will allow same-sex couples to dissolve their domestic partnerships and civil marriages at the same time.
- The Hate Crimes Protection Act (Saldaña) will prohibit contracts from requiring a person to waive their right to sue if they are the victim of a hate crime.
- The Unemployment Benefits Equality bill (De La Torre) will give individuals entering domestic partnerships the same rights as those getting married to obtain unemployment benefits
CA GOV and CA AG Oppose Stay in Prop 8 Case
The State of California filed motions today opposing a stay in Judge Vaughn Walker's landmark decision ruling Proposition 8 unconstitutional; in other words Governor Arnold Schwarzenegger and Attorney General Jerry Brown are on record saying they want same-sex couples to be able to get married while the decision is on appeal.
As governor, Schwarzenegger is named as a defendant in the case, although he remained neutral in the lawsuit challenging Proposition 8. The governor was against the initiative when it was on the ballot and chose not to defend the constitutional amendment in court. He filed his brief Friday in his role as a named defendant and on behalf of two other administration officials.
The Schwarzenegger administration contended in the brief that there is no governmental or public interest in continuing a ban on gay marriage after Walker's decision." Instead, the administration said that allowing such marriages to resume would further the state's interest in recognizing the rights of gays and lesbians. It also said that there would be no administrative burden for the state to issue marriage licenses to gay and lesbian couples. California issued 18,000 such licenses before passage of Proposition 8.
Schwarzenegger applauded Walker's decision earlier this week.
"For the hundreds of thousands of Californians in gay and lesbian households who are managing their day-to-day lives, this decision affirms the full legal protections and safeguards I believe everyone deserves," the governor said in a statement Wednesday.
California Attorney General Jerry Brown, a Democrat, filed a similar motion. Brown had argued that Proposition 8 was unconstitutional when the measure went before the California Supreme Court last year.
Read Attorney General's motion below.
Governator Nominates API Woman To Head CA Sup Ct
Governor Arnold Schwarzenegger has nominated 50-year-old Tani Cantil-Sakauye to replace California Chief Justice Ron George who announced he was retiring recently. Cantil-Sakauye's nomination would mean that the state's highest court would now have a female majority: Carol Corrigan, Kathryn Werdegar, Joyce Kennard and Tani Cantil-Sakauye.The Los Angeles Times reported her reaction to the nomination:
"I have had the distinct pleasure of being a municipal court judge, a superior court judge and an appellate court justice," she said. "As a jurist, woman and a Filipina, I am extremely grateful for the trust Gov. Schwarzenegger has placed in me. I hope to show young people what they can achieve if they follow their dreams and reach for their full potential."
Cantil-Sakauye is a Republican of Filipino descent and has served as a Court of Appeals judge since 2005. She's married to a Police Lieutenant and has two daughters.
Celebrity Friday: Ronald George
Chief Justice Ronald George, 70, of the California Supreme Court announced this week that he does not want to seek another 12-year term in November 2010, after serving 19 years on the court.George is most well-known as the author of In re Marriage Cases, which legalized same-sex marriages in 2008 as well as Strauss v. Horton the 2009 case which upheld Proposition 8, the state constitutional ban on same-sex marriage passed by voters in November 2008.
Governor Schwarzenegger will now have an opportunity to appoint another member of the Supreme Court, which can be ratified by the voters in November 2010.
CA-GOV: Whitman Dumps Another $20 MILLION In
Republican gubernatorial candidate stunned political observers by donating another $20 million to her campaign this week, leaving her with $30.9 million cash on hand and bringing the total amount of money she has spent towards becoming the next governor of California to $39 million. And she has yet to air a single television ad, spending almost $19 million on radio ads.Whitman has said she is wlling to spend the Bloombergian sum of $100 million of her estimated $1.4 billion in order to succeed Arnold Schwarzenegger.
CA-GOV: Poizner Dumps $15M Into Own Campaign
Republican Steve Poizner tried to revive his struggling campaign for the Republican gubernatorial nomination by injecting $15 million dollars into the faltering effort to succeed the Governator.With his recent self-financing, State Insurance Commissioner Poizner has matched the $19 million his main rival former eBay CEO and fellow billionaire Meg Whitman has given to her quest to become Governor of California in her inaugural foray into electoral politics.
By all means, knock yourselves out trying to get the nomination, Meg, Steve and Tom! Jerry Brown will be tanned, rested and ready!When Whitman poured $15 million into her campaign in July, Poizner spokesman Jarrod Agen criticized her, saying, "This election isn't an eBay auction, and you can't win by outbidding your opponent."
But Poizner has struggled to gain traction with six months to go before the June primary. He ranked third in the latest Field Poll with support from just 9 percent of likely voters, compared with 22 percent for Whitman and 20 percent for a third candidate, former South Bay Rep. Tom Campbell.
Poizner's cash infusion "will quiet whispers in political circles that he wasn't serious about the race," said Dan Schnur, director of the Jesse M. Unruh Institute of Politics at the University of Southern California.
Arnold Picks Rep. Senator To Replace Dem. Lt. Gov.
Photo Credit: Wally Skalij / Los Angeles Times It's all about Lieutenant Governors today! Since California Lieutenant Governor John Garamendi won the 10th Congressional District race on November 3rd and was sworn in a few days later, Governor Arnold Schwarzenegger has the opportunity to choose a replacement, which he announced yesterday will be Republican State Senator Abel Maldonado.
Yesterday, MadProfessah attended a forum where the two leading Democratic contenders for Lieutenant Govenor in the June 2010 primary, Los Angeles City Councilperson (15th District) Janice Hahn and State Senator Dean Florez appeared at the monthly Stonewall Democratic Club meeting.
Before they spoke, SDC President John Cleary asked both candidates their view about the Maldonado appointment. Florez said that as someone who will be voting on the matter in the State Legislature within 90 days, he opposed the nomination, primarily because he didn't see why they should allow a Republican governor to replace a Democratic state constitutional officeholder with a Republican. Janice Hahn gave a non-commital response, but both Hahn and Florez thought that either of them could defeat State Senator Jeff Denham, the only Republican who has announced he is running for Lieutenant Governor.
At Calitics, progressive activists received the Governor's creation of State Senate vacancy in a Republican held but Democratic leaning seat with glee:
Florez referenced the debate on Calitics during his remarks at the SDC forum. It would really be great to have a 2/3rds Democratic majority in the State Senate, but we would still be four seats shy in the 80 seat State Assembly from a 2/3rds Democratic majority in the lower house.I am one happy camper. This is perhaps the best news progressives AND Democrats have gotten in this state all year long. I live in SD-15, and Abel Maldonado is, sadly, my State Senator. He is a joke of a Senator, a "moderate" politician when it is convenient for him, a conservative one generally speaking. He only won re-election last year because he and Don Perata cut a terrible deal in 2007, where Perata promised to stop a Democratic primary challenge in exchange for his vote on that budget deal.
But more importantly, this seat - SD-15 - is one of the two seats we need to reach 2/3rds in the State Senate. And like SD-12, it is a majority Democratic seat. The current registration numbers are 41% Dem, 34.5% Rep, and 23% DTS. Arnold Schwarzenegger has just created a huge and invaluable opening for us to break the Zombie Death Cult grip on the State Senate.
The correct solution is to change the insane 2/3rds requirement for passage of a budget and taxes by enacting the California Democracy Act: "All legislative actions on revenue and budget must be determined by a majority vote."
I signed a petition to have these fourteen words appear on the November 2010 ballot, and I hope you will too.
Governator Signs Harvey Milk Day Bill Into Law
Governor Arnold Schwarzenegger surprisingly signed into law Equality California's Harvey Milk Day bill, AB 2567. This means that "the governor proclaim May 22 each year as Harvey Milk Day. It would encourage public schools and educational institutions to conduct suitable commemorative exercises on that date (which was Harvey Milk's birthday).The Governor vetoed similar legislation last year, but that was before the movie Milk was released and was nominated for 8 Academy Awards, including Best Picture and won Oscars for Sean Penn (Best Actor) and Dustin Lance Black (Best Original Screenplay). It was one of MadProfessah's Top 10 movies of 2008.
As State Senator Mark Leno said earlier his year: "If there's one thing Arnold Schwarzenegger understands, it's box office. And Harvey Milk now has box office."
Indeed.
Celebrity Friday: Harvey Milk
Legislation that would declare May 22 "Harvey Milk Day" in California passed the California legislature for the second year in a row on Thursday. Last year, Governor Arnold Schwarzenegger vetoed a similar bill but this time there will be a lot more attention given to how he deals with SB 572.A few weeks ago, Schwarzenegger and his wife, Maria Shriver, announced that Milk would be one of a dozen men and women -- including pilot Chuck Yeager, entertainer Carol Burnett and "Star Wars" filmmaker George Lucas -- inducted into the California Hall of Fame this year.
In July, Obama awarded Milk a posthumous Medal of Freedom. And in February, Sean Penn won a best actor Oscar for the title role in the critically acclaimed film "Milk."
A spokeswoman for Schwarzenegger said the governor has not taken a position on Leno's bill. But the senator feels bullish, given Milk's burnished image in Hollywood and beyond.
"If there's one thing Arnold Schwarzenegger understands, it's box office," Leno said. "And Harvey Milk now has box office."
To encourage the Governor to sign the bill, go to http://www.eqca.org/harveymilkday
Governator Terminates State Office of AIDS
Governor Arnold Schwarzenegger signed a budget revision bill on Tuesday that filled a $26 billion gap and also managed to slash important services to the most vulnerable populations in California.
Assembly Speaker Karen Bass said:
“It’s a shame Governor Schwarzenegger is so eager to tear down the safety net that he appears willing to break the law to do it. I am asking Legislative Counsel for a definitive opinion on the legality of the governor’s actions. The cuts the governor made today will have catastrophic effects on children, domestic abuse victims, and seniors. The cuts the governor made today have broken the lifeline to the state’s most vulnerable and underserved. WeAIDS Project Los Angeles said:
sent the governor budget solutions that solved the deficit. He knows
that. He knows we pledged to work with him on building up the reserve in
August. He knows all that and still chose to take punitive measures
against children and AIDS patients. It wasn’t too long ago when a 24
year old woman born with HIV pleaded with Legislators not to adopt the
Governor’s proposal to eliminate the program that provides the drugs that
keep her alive. It wasn’t too long ago when a disabled woman, needing
both the assistance of a wheel chair and oxygen, pleaded to stay out of a
nursing facility in the event her in-home assistance would be eliminated by the Governor.
"More than just short-sighted, these cuts are lethal," said APLA Executive Director Craig E. Thompson. "We are now poised to reverse more than a decade of progress toward fighting AIDS in California."
The Governor's signed budget includes the elimination of state general fund support for all HIV/AIDS programs except HIV epidemiology and the AIDS Drug Assistance Program (ADAP) -- a total reduction of more than $85 million. This leaves California’s Office of AIDS with only 20 percent of its funding for programs like HIV education and prevention, HIV counseling and testing, home health and early intervention.
"If the ultimate goal is to save money, this budget fails even on that account," Thompson said. "The state will pay dearly in healthcare costs as newly and needlessly infected Californians enter a system that is incapable of providing even basic care."
"Los Angeles County has the second largest AIDS epidemic in the country," Thompson continued. "California was, until today, a model for other states nationwide in HIV/AIDS care and treatment.
"Local health jurisdictions will now be forced to slash other vital programs in order to make up for the state cuts," Thompson explained. "Food, medical transportation, home health -- everything is threatened."
"This is nothing short of a public health disaster," he added. "State leaders must go back to the table and find viable solutions that will not destabilize these vital services.
CA-GOV: Whitman Endorsed By John McCain
Republican Gubernatorial candidate Meg Whitman made headlines this week when she was endorsed by failed Republican presidential candidate John McCain in her bid to become the next Governor of California.
“The woman standing beside me represents all of the qualities that will attract people to our party,” McCain told a crowd of about 500 supporters at the Marconi Auto Museum. “We will not only tolerate, but accept people whose views are different than our own.”Really? She wants everyone to feel welcome in the Republican Party? Then why do the leaders in the Republican Party keep denying equal rights for LGBT citizens?And why does she support efforts to divorce me and my husband?
Whitman, former CEO of eBay, has an early lead in the race for the GOP nomination for governor, leading Insurance Commissioner Steve Poizner and former U.S. Rep. Tom Campbell in the election to be held next year. Her campaign focuses on job creation, state spending cuts, and education reform.
[...]
“I’m pro-choice,” Whitman said, receiving applause for a significant portion – if not the majority – of the audience. “It’s not that I want more abortions. But I don’t want to take that choice away from women and their doctors.”
Whitman talked about other aspects of diversity needed by the party as well. She pointed out that Republicans [re]present just 31 percent of registered voters in the state and noted her campaign’s outreach programs targeting woman, Latinos and 18- to 29-year olds.
“There are people who share our core values who don’t feel welcome in the Republican Party,” she said. “I want to make everyone feel welcome in the Republican Party.”
I notice that African Americans were not on the list of people that Republican outreach efforts are targeting. I wonder why? Isn't the Chair of the GOP a Black man?
Action on Marriage in New Hampshire and Maine
The above graphic reflects the reality of the New York Times/CBS poll MadProfessah blogged about earlier in the week. The legislative action on ending the exclusion of same-sex couples from marriage moves to committees in Maine and New Hampshire.In New Hampshire the State Senate amended the bill that passed the lower House 186-179 a few weeks ago and passed the measure 13-11 on its second reading today. After the third reading, it will go back to the House for concurrence on the amendments, which were (according to activist Lane Hudson):
1. amendment replaces entire bill
2. nothing in amendment takes out gender specific terms in marriage statute
3. section 1 includes new purpose and intent clause that makes clear that all NH citizens have a right to a civil marriage or a religious denomination, and that religion determines who they will marry.
4. each party to a marriage shall be designated as a bride, groom, or spouse.
5. clear now with new language that no one person can be married to more than one person at one time (duh!)
6. Section 2 ensures that the same rules that govern the age in which heteros can enter into marriage apply to same sex marriages
7. Section 3 makes clear that marriage in NH may be solemnized in one of two ways: civil or religious. hetero and homo will have access to both. again, religion determines if they will perform same sex ceremony.
8. section 5 makes clear how the State would address and accept civil unions from other States....they would be accepted as marriages in NH. those who got a civil union in NH would have a choice of pursuing and affirming a new marriage ceremony under this law, but by Jan 1, 2011, it would automatically become a marriage.
9. instructs sec of state and clerks to update their marriage certificates
10. NH Retirement system can interpret new marriage law the same as under the civil union law.
11. Section 9 indicates that if the bill should become effective, then civil union bill is repealed
12. Effective Date is Jan 1 2010.
NH Democratic Governor John Lynch has not indicated he would veto the marriage bill like the two Republican governors who have faced marriage bills previously(Arnold Schwarzenegger of California in 2005 and 2007 and Jim Douglas of Vermont in 2009).
In Maine, the Senate Judiciary committee approved their marriage bill by a 11-2-1 vote and sent it to a floor vote, which should occur within the next 48 hours. Maine's Democratic Governor, John Baldacci has also not stated whether he would sign the bill if it reaches his desk.
2-Time Oscar Winner Sean Penn Supports Harvey Milk Day
TowleRoad has posted pictures of the press conference to promote legislation to create a holiday remembering openly gay politician Harvey Milk held yesterday in San Francisco attended by 2-time Oscar winner Sean Penn and SB 572's sponsor, State Senator Mark Leno and Assemblymember Tom Ammiano, as well as several other local openly gay politicians.Equality California is another co-sponsor of the legislation, which passed the state legislature last year, only to be vetoed by Republican Governor Arnold Schwarzenegger in the midst of last year's budget showdown with the Democrats. Yesterday, EQCA started airing a not very-well reviewed 30-second ad which includes images of Harvey Milk. Sean Penn won his second Best Actor Oscar for his stunning portrayal of the assassinated gay politician a less than two weeks ago. When MadProfessah was up in Sacramento the week before lobbying on legislative resolutions to declare Proposition 8 unconstitutional revisions (which both houses of the California Legislature passed on Tuesday), Senator Leno told me that he thinks his bill has a better chance this year, "Because one thing the Governor understands is box office!"
Fellow Southern California blogger and frequent MadProfessah commenter Wonder Man has an interesting post up about other openly gay or lesbian people who could be the subject of fascinating movies: Bayard Rustin, Sylvester, Audre Lorde and Radclyffe Hall are some of his suggestions.
California Has a Drought of Jobs and Water
Governor Arnold Schwarzenegger declared a statewide drought emergency on Friday due to three years of below-average rain and urged Californians to reduce water usage by 20%.
Additionally, the unemployment rate in the state increased to 10.1%, the highest in 26 years and in Los Angeles County it is even worse:
Additionally, the unemployment rate in the state increased to 10.1%, the highest in 26 years and in Los Angeles County it is even worse:
Conditions are even worse in Los Angeles County, which saw its unemployment rate jump to 10.5% in January from 9.2% the month before.
[...]
The outlook for Southern California is considerably worse than the national forecast presented by President Obama's budget team this week because the economy here -- usually considered resilient because of its diversity -- relies on sectors battered by this particular recession, said economist Jack Kyser of the Los Angeles County Economic Development Corp.
L.A. County alone, his group projects, will lose 89,000 jobs in 2009, and Kyser suggested the unemployment rate could surpass 10.5% for the year. In the Inland Empire, the group predicts the unemployment rate will rise to 11.1%, while Orange County, which lost 41,400 jobs last year, is projected to see unemployment climb to 7.3%, the highest rate in 16 years. January figures for those counties will be released next month.
Los Angeles County lost a net 41,900 jobs last year and nearly all of them -- about 41,000 -- were in retail, manufacturing and construction, in that order. In January, retail shed 15,100 jobs, manufacturing lost 6,800, and construction, 4,800. The three sectors were caught in the collapse of the housing boom and recession.
To make matters worse, another key California industry -- the film business -- lost 22,300 jobs in January, leading L.A. County layoffs for the month.
CA-GOV: Meg Whitman Enters The Race
Ending weeks and months of rumors, former EBay CEO (billionaire and confirmed homophobe) Meg Whitman announced today that she has formed an exploratory committee, the first official step in seeking the Republican nomination for Governor in June 2010.
On the Democratic side, all the major candidates, Attorney General (and former Governor)Jerry Brown, Los Angeles Mayor Antonio Villaraigosa, San Francisco Mayor Gavin Newsom and State Superintendent of Instruction Jack O'Connell (and even U.S. Senator Dianne Feinstein) not only opposed Proposition 8 but support civil marriage for same-sex couples.
Ms. Whitman is a Republican and, like others in her party, may well face an uphill battle for the post, given the economic crisis battering the state. Governor Schwarzenegger has suffered a drop in popularity as he institutes mandatory furloughs for state employees and other sweeping cutbacks. But on Monday, Ms. Whitman, 52, sounded as if she were running for chief executive of California as she explained why she wanted the post.“California faces challenges unlike any other time in its history — a weak and faltering economy, massive job losses, and an exploding state budget deficit,” Ms. Whitman said in a statement. “California is better than this, and I refuse to stand by and watch it.”
On her campaign Web site, which also made its debut on Monday, Ms. Whitman calls for a “New California.”
The largest LGBT political group in the state, Equality California quickly issued a statement from executive director Geoff Kors condemning her entry into the race.
“Republican and Democratic voters alike know that the only way to win statewide elections in California is to nominate candidates who will work for all Californians and bring people together, not politicians who pit one group against another in an attempt to divide us.It will be interesting to see how much the 2010 Gubernatorial primary elections become another proxy fight over marriage equality and Proposition 8, especially if the California Supreme Court doesn't settle the issue definitively this summer by striking down the measure.
“As our country and our State move forward, Meg Whitman is stuck in the past, practicing the politics of divisiveness by publicly supporting Prop 8. Whitman is wrong for LGBT people and wrong for California.”
On the Democratic side, all the major candidates, Attorney General (and former Governor)Jerry Brown, Los Angeles Mayor Antonio Villaraigosa, San Francisco Mayor Gavin Newsom and State Superintendent of Instruction Jack O'Connell (and even U.S. Senator Dianne Feinstein) not only opposed Proposition 8 but support civil marriage for same-sex couples.
Meg Whitman Is A Homophobe?
Meg Whitman is considering running for the Governorship of California. The Republican Party is notoriously homophobic, although Arnold Schwarzenegger is in a different mode, he is termed out and must be replaced in 2010. In June of that year there will be gubernatorial (and legislative) primaries. On the Republican side State Insurance Commissioner Steve Poizner has already announced he is running, and Log Cabin Republicans claim that he is a fiscal conservative but social moderate. Whitman, apparently wants to go in another direction:She has made no broad announcements on the issue, but Whitman adviser Zak said she has told GOP gatherings in the last two weeks she supports the same-sex marriage ban.
[Tom] Campbell, a moderate Bay Area Republican, opposed and even wrote an op-ed for libertarian-leaning Reason.com making a conservative case against the initiative. Poizner has not taken a position.
All three Republicans fashion themselves as social moderates, which could leave the 2010 gubernatorial field open to a GOP entrant from the right. None of the three Republicans are openly supporting Proposition 4, the abortion notification measure.
Judge Blocks Statewide 8th Grade Algebra Requirement
The controversy over whether and when algebra should be taught (and tested for) in California schools just keeps going and going, sort of like a limit heading towards infinity! Last Friday a judge blocked the state from requiring all 8th graders to take algebra four months after the California Board of Education had approved such a policy at the strong urging of the Governor.MadProfessah has been involved in a project to improve algebra instruction in Los Angeles-area high schools for a few years now and getting to know the details of the problem is quite sobering.
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