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Keeping track of Prop 8 appeals arguments

Arguments for and against the constitutionality of Proposition 8 began today in the U.S. 9th Circuit Court of Appeals. The appeal is of an August ruling by Chief U.S. District Judge Vaughn R. Walker, who ruled after a trial that the 2008 ballot measure defining marriage as only between a man and a woman violated the U.S. Constitution.

The San Francisco based court drama is seeing protesters from both […]


Oregon sex crime laws call a young queer a “child pornographer”

Jenkins (R) and Brown together. Scandalous.

Amidst a year of horrific gay teen suicides young queers have yet more to worry about. Yesterday Willamette Week published a heart wrenching story about 19 year old Antjuanece Brown‘s battle against felony charges of sex abuse, creating child pornography and luring a minor.

The crimes that prompted Washington County to press these charges came only from a few suggestive cell phone pictures between Brown and her 16-year-old girlfriend Jolene Jenkins.

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Where we stand on “Don’t Ask, Don’t Tell” according to Culhane

Law Professor John Culhane

Professor of Law, Widener University 365gay.com contributor John Culhane updates us on where, exactly, things stand in the DADT mess. It is, of course, subject to change at any moment…

How long must I continue writing about “Don’t Ask, Don’t Tell”?

Don’t ask.

It’s hard to see this drama ending any time soon, and much of what one can write about it, from the legal perspective, is speculative and ever-changing. But this isn’t a subject I can ignore for this week’s column – there have been too many important policy and legal developments.

So let’s try to walk through what’s going on, and what might be expected. Much of what follows is necessarily speculative.

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Justice Department appeals “Don’t Ask, Don’t Tell” ruling

No one was sure if the Obama-led government would appeal Tuesday’s ruling by California Judge Virginia Phillips to halt enforcement of “Don’t Ask, Don’t Tell,” especially since the prez and his supporters are on the record as opposing the policy. Turns out, they’re not letting it slide. Today the The Department of Justice requested a stay on the ruling and the government filed an appeal in federal court.

From The Advocate:

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California gay marriages put off during appeal process

AP Photo

In the never-ending saga that is California’s Prop 8 trial the 9th Circuit Court of Appeals continued the stay that Chief U.S. District Court Judge Vaughn Walker had previously lifted, until oral arguments could be heard on Dec 6th.

“It’s saddening just to know that we still have to keep waiting for this basic human right,” Marcia Davalos, of Los Angeles, a health care advocate […]