There is a schism in California between Equality California and the popular will of the people which is supported by the Courage Campaign. Equality California put out a big press release yesterday claiming the challenge to proposition 8 would not be until 2012. They claimed it would take that long to persuade 3% of California voters that equality is a good thing. Prop 8 only passed by a 2.5% margin in 2008. They also do not think they can raise enough money to make a go of it in 2010. Equality California was responsible for the highly criticized campaign that lost in 2008.

Enter Courage Campaign, an allied progressive grass roots campaign managed by Rick Jacobs. Their hundreds of thousands of supporters are pushing for a challenge to prop 8 in 2010. They are raising hundreds of thousands of dollars not only for California, but also for the fight in Maine to protect that state from a pending constitutional amendment supported by the same foes that sponsored prop 8. (In Maine support the No on 1 Campaign.) They polled their supporters several months ago and over 80% of the people were ready to roll for 2010.

Voter turn out is better during Presidential election years. The last prop 8 campaign cost each side approximately $40 Million, so fund raising is an issue. However, the GOP never misses an opportunity to turn gay bashing into votes as we can see in Iowa’s governor race right now. As progressives do we want to put California’s electoral votes on the line by placing a proposition on the ballot that is sure to motivate the teabaggers to turn out in droves? Is it fair to make people wait almost 4 years to restore their rights? Do we really want the same team that lost in 2008 to make any more important decisions on behalf of the LGBT community?

Or is Equality California right, the timing is just way off and we should just wait. After all same sex couples in California do enjoy a very strong domestic partnership program. A federal lawsuit challenging proposition 8 is working its way through the courts that could overturn the ban and open the door for all same sex couples to marry in all 50 states. $40 Million could go a long way in states that have no formal legal protection for same sex couples, such as the 30 other states that have constitutional amendments banning same sex marriage equality.

I’m afraid I have more questions than answers, but that seems to the common theme in the LGBT community right now. With so much at stake, no one wants to make a bad decision. But frankly, what do we have to lose that we haven’t already?

originally published on Current.com

Against the warnings of the ACLU and Lambda Legal, two high powered lawyers filed a case in Federal Court against proposition 8. The case is based on the 14th Amendment.
Traditional gay rights groups are concerned the Supreme Court is not ready to hear this case. They are afraid they could rule against equality setting a long lasting precedence that could set the movement back decades.

Theodore B. Olson and David Boies, who represented opposing sides in the 2000 Bush v. Gore election challenge believe that waiting is no longer an option.

“There will be many people who will think this is not the time to go to federal,” Olson said Wednesday at a news conference in Los Angeles. “Both David and I have studied the court for more years than probably either one of us would like to admit. We think we know what we are doing.”
Boies agreed: “Reasonable minds can differ, but when you have people being denied civil rights today, I think it is impossible as lawyers and as an American to say ‘No, you have to wait, now is not the right time.’ I think if we had done that in prior civil rights battles, we would not be where we are.”

Harvey Milk

Harvey Milk would have turned 79 today. In 1977 Milk became the first out publicly elected official in the state of California. The gay rights icon was assassinated by fellow city council member Dan White in 1978. White was only sentenced to 7 1/2 years in prison which outraged the LGBT community and spurred the White Night Riots 30 years ago yesterday.

Harvey Milk was famous for standing on a milk crate with a bull horn and shouting, “I’m Harvey Milk and I’m here to recruit you!” Millions continue to hear his message from the Oscar nominated film about his life, “Milk”.

The California Senate recently passed legislation that would recognize May 22 as Harvey Milk day, “On this “day of special significance” in the state, schools would be encouraged to commemorate his legacy.”

Governor Schwarzeneger vetoed the bill last year, however with Milks higher profile and celebrity fans it would be a surprise he vetoed it again this year.

With only three possible dates left for the California Supreme Court to rule on Proposition 8 rumors started flying this morning that tomorrow was the day. The rumors were based on police barricades being set out in cities throughout California. At approximately 11:30 AM the rumors were squashed by the California Supreme Court website that said, “No opinions were announced for filing on Thursday, May 21, 2009.”

Later in the day a new rumor surfaced that Mayor Newsom asked the Supreme Court to delay the decision because tomorrow is the 30th Anniversary of the White Riots in San Fransisco. http://en.wikipedia.org/wiki/White_Night_Riots

Those rumors also proved false. Here is a statement from Mayor Newsom’s Press Secretary:

Statement from Nathan Ballard, Communications Director, Mayor Gavin Newsom on Propositon 8 Ruling

05/20/09 – Today a website posted an item that quoted a false allegation from an unnamed source: “Mayor [Gavin] Newsom reached out to the Supreme Court and asked them to hold off releasing their decision so it did not coincide with the White Night riots.”

This allegation is not true. We have asked the website to correct the item immediately.

Clearly the anticipation is high as the June 3 deadline looms. Organizers throughout the country are waiting to send the word out for Day of Decision rallies planned in over 60 cities. Learn more at www.dayofdecision.com