Dateline Sacramento September 17, 2009
Dateline Sacramento
News with a View from the California Capitol
September 17, 2009
Perry v Schwarzenegger Trial Approaches
SACRAMENTO – Just prior to the California Supreme Court’s 6-1 decision on May 26 to uphold Proposition 8 in California’s Constitution, a lawsuit against the constitutionality of California’s definition of marriage was filed in the federal court system. In its passage, Prop 8 entered the California Constitution as Article 1, Section 7.5. The American Foundation for Equal Rights brought the challenge against Prop 8 without participation by the majority of pro-homosexual organizations such as Equality California, Lambda Legal, the National Center for Lesbian Rights, and the American Civil Liberties Union(ACLU).
Known as Perry v Schwarzenegger, the suit challenges the interpretation of the equal protection clause of the 14th Amendment to the U.S. Constitution. This amendment was adopted on the heels of the Civil War, as newly freed slaves encountered continued disparate treatment in matters of property ownership and other legal contracts. Simply stated, the equal protection clause was originally intended to provide all citizens with the same “due process” of law, without regard to nationality, race, or color.
The American Foundation for Equal Rights’ Web site identifies Chad Griffin as its president, with Rob Reiner and other Hollywood activists serving on its board of directors. The Web site describes Griffin as a political and communications strategist who “fights against . . . the right wing.” Griffin served in the Clinton White House, took honors for his work against Prop 8, and is also an executive producer of major films.
Serving as lead counsel for the plaintiffs are David Boies and Ted Olson. Both attorneys are nationally recognized and argued against each other in the Bush v Gore lawsuit in the 2000 presidential election.
Serving as lead counsel for the Proposition 8 Legal Defense Fund is Charles Cooper, an attorney recognized as one of the top ten litigators in Washington, D.C. Cooper served as law clerk to former Chief Justice William Rehnquist, and in the Reagan administration as Assistant Attorney General for the Office of Legal Counsel.
The Alliance Defense Fund (ADF) is serving as co-counsel to Mr. Cooper. ADF has worked extensively for the protection of traditional marriage in many U.S. states and at the federal level. ADF’s excellent work for the preservation of religious freedom is offered at no charge, as its work is supported by charitable contributions.
The Proposition 8 Legal Defense Fund sought the right to intervene in Perry v Schwarzenegger in order to argue on behalf of the proponents of Prop 8. Thankfully, Judge Vaughan Walker granted intervenor status to the Prop 8 Legal Defense Fund, as without the Fund’s involvement there would have been no authoritative defense on behalf of the proponents or the majority of California’s voters. Neither California Attorney General Jerry Brown nor Governor Arnold Schwarzenegger is inclined to fulfill their duties to defend the constitution of the state in this matter.
Judge Walker has also allowed the City and County of San Francisco to intervene on behalf of the plaintiffs, though expressly limiting San Francisco’s arguments to addressing the effects on government from marriage’s current definition. Research and discovery will include “expert” testimony from internationally recognized authorities in many fields, representing both sides of the debate. Deadlines for expert and factual discovery have been set, with a projected start of trial in the United States District Court, Northern District of California (San Francisco Division) on January 11, 2010.
Judge Walker expects this case to “touch down” only briefly in district court, as the case will likely proceed to the U.S. Ninth Circuit Court of Appeal, and ultimately settle at the United States Supreme Court.
The California Legislature Adjourns for 2009
SACRAMENTO – Last Friday, members of the California Legislature concluded the 2009 legislative session and headed back to their districts. The results of their effort left Governor Arnold Schwarzenegger to consider a mixed bag of new bills for his signature into law, or veto. While the most serious issues facing the state - such as water supply and fiscal responsibility - went unresolved by legislators, the persistent efforts to influence innocent young minds went unimpeded. The Legislature’s majority voted to create an annual day of commemoration in public schools to honor a man for his homosexual orientation. And, disregarding the will of California’s voters to protect traditional marriage, the Legislature passed another measure that would allow more same-sex marriages to be recognized in the state.
Please join with California Family Council and numerous other local, state and national organizations by taking action. Contact the governor’s office and request a veto of these egregious bills. Your voice DOES MAKE A DIFFERENCE! The time is now. Help protect California’s children and families!
· REQUEST A VETO of SB 54 (Leno) – This measure would require the state to validate and recognize same-sex marriages performed outside of California prior to November 5, 2008.
· REQUEST A VETO of SB 572 (Leno) – This measure would require the governor to annually proclaim May 22 a day of “significance” honoring homosexual icon Harvey Milk, a former San Francisco politician. The measure would also encourage schools to sacrifice classroom time in order to conduct “commemorative” exercises.
· REQUEST A VETO of SB 471 (Romero) – This measure would create the Stem Cell and Biotechnology Education and Workforce Development Act of 2009, which attempts to further the development of this morally questionable technology.
You can easily contact the governor by phone at (916) 445-2841 or fax at (916) 558-3160.
You can send a letter to the governor’s office at:
Governor Arnold Schwarzenegger
State Capitol Building
Sacramento, CA 95814
You can also simply send an e-mail by visiting our Web site: http://www.CaliforniaFamily.org and clicking the “Take Action” button.
The governor has persistently stated that he only wants bills on his desk that address the largest, most pressing problems of the state. These include solving water storage and distribution, as well as the ever-present budget shortfalls and deficit spending. He has stated previously that he will veto bills that do not address these issues. Please encourage him to do so.
See You at the Pole!
SACRAMENTO – As students return to school in the fall, many gear up for an annual student-initiated, student-organized, and student-led event, See You at the Pole (SYATP). SYATP provides students with an opportunity to join like-minded fellow students to pray together at school flagpoles.
Now in its second decade, SYATP began in Texas in 1990 and has since grown to 3 million students in all 50 states and on six continents. Last year’s participants reported how their faiths were stretched as they were tasked with leading prayer on their campuses. Some prayed alone; others led hundreds of fellow students in prayer. In all cases, they prayed, lifting up themselves, their schools, their communities, and their nation in prayer. This year, students of all ages will unite on September 23 to blanket their campuses and communities in prayer.
A San Diego youth pastor reported that 70 students – who planned to continue meeting weekly – met at Westview High School for SYATP 2008. Only four students gathered at Menlo-Atherton High School last fall, yet they experienced a rich time of ministry and fellowship; two of those students planned to begin a Christian club on campus.
The theme for See You at the Pole 2009 is “Engage: Go and Pray,” taken from II Kings 22. When a teenaged King Josiah began to pursue God passionately and ordered his officials to “Go and pray to God for me and for the people,” (II Kings 22:13a, the Message) the result was revival in Israel. As students rise to the challenge to step out in faith and lead or join a SYATP event, the results can be staggering – perhaps revival will begin on the nation’s campuses.
California Family Council Offers More Truth Project Group Leader Training Seminars
RIVERSIDE – According to the Barna Research Group, only 9 percent of born-again believers hold a biblical worldview. Unfortunately this devastating statistic is reflected in our culture today as studies show that there is little difference between the Christian and non-Christian in their harmful behaviors such as addictions, eating disorders and divorce rates. This is a sad commentary on those who are called to be the Body of Christ.
Focus on the Family’s The Truth Project is a DVD-based study that practically and personally introduces viewers to the truth claims of God, and the staff at CFC is dedicated to the training of group leaders throughout the state. As of last week, CFC has held 24 training events and trained over 3,300 group leaders. We often receive reports from those who experience The Truth Project. Pastors are thrilled at the response of their congregations. Many individuals describe themselves as being reintroduced to a life lived with meaning, on fire to be “salt and light” in our modern culture.
The Spanish language version of The Truth Project is now available. CFC will be hosting a training event in Spanish on October 24 at Yorba Linda Friends Church.
The next training events in California are listed below. You can register online to attend these events at www.CaliforniaFamily.org:
· October 10 – (Training in Spanish) – Amigos de Yorba Linda (Orange County)
· November 14 – Neighborhood Church of Anderson/Cottonwood (Shasta County)
· November 21 – Calvary Chapel, Paso Robles (Central Coast)
If you’d like more information, or if your church would like to host a training seminar in English or Spanish, please call us at 951.354.8362.
Local links
SANTA ANA – Newport-Mesa Unified School District has settled a lawsuit brought by the American Civil Liberties Union (ACLU) on behalf of a student who was threatened after appearing in Rent, a play about struggling artists. Rent includes gay characters – some with AIDS. As a result of the settlement, administrators will attend an eight-hour training program focused on harassment and discrimination prevention, and students and teachers at Corona del Mar High School, where the incident occurred, will get two-hour sessions. Read more in the Los Angeles Times.
TEHACHAPI – ADF’s Alliance Alert reports that the city council – in response to information from the Freedom from Religion Foundation – has begun substituting the Pledge of Allegiance for its usual prayer.
MONTCLAIR – Following a resident’s complaint about the graphic nature of pro-life banners, the city council is researching if the city has any legal jurisdiction to remove the images that protest a medical group that performs abortions. Community Development Director Steve Lustro commented, “So long as they are playing by the rules, they’re allowed to be there just like everyone else. They too have First Amendment rights that have to be respected.” Read more in the Daily Bulletin.
TEMECULA – The Temecula Valley Unified School District board voted 4 to 1 to add Speak, by Laurie Halse Anderson, to the core list of books that may be taught in high school English classes. The lone opponent feared the book, which deals with rape and suicide, would become mandatory, and rape victims and others would be forced to read it. Another board member, who voiced concerns – but voted in favor of the book – said, “Some 14-year-olds are mature enough to handle the topic; others aren’t. The best person to decide that would be the parent.” Board members plan to review later this year the ability of parents to opt out of sensitive lessons and assignments. Read more in the Los Angeles Times.
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