On going media coverage...
The Man Behind Proposition 8 — Max Blumenthal
Historic for Some, Same Old Shit for the Rest of Us — Harvey Fierstein
Cutting Edge of Civil Rights: Why Obama Must Lead on Gay Marriage — Pete Cenedella
Gays Hit Back at Mormons — Mario Ruiz     ·    Gays in a Cage — Michael Patrick King
I Am He as You Are He as You Are Me and We Are All Together — Evan Handler
Mormon & Catholic Churches Complain About Being Protest Target — Pam Spaulding

NO: 47.5% — YES: 52.5%
Roughly 500,000 votes separate Yes from No on Prop 8 — out of 10-million votes tallied with 3-4 million provisional ballots yet to be counted.

Overshadowing the significance, joy and emotion of the Hope elected yesterday, we see a marginal victory for the "Yes on 8" campaign.

In our original posting, from Russ, we heard from someone that is directly affected by this proposition. In light of the projected outcome, we have a follow up email from Kelly - below.

As someone said, "the fight ain't over". Keep checking back here for information on what we can do now.
Please leave your comments here...

Wednesday, November 5, 2008

Friends:

I promised on Monday that you wouldn't be getting these emails about Prop 8 from me anymore, but as the sun is rising here in California we still do not have the final results from this election. As I understand it, with 95% of precincts reporting, our "No" side is about 400,000 votes behind out of almost 10 million cast (with the stats showing the race 52% Yes/48% No). Based on the counties left with data to report, I don't see any mathematical pathway for reversal of this result based on the ballots cast Tuesday. Like many of you, I also have noted with interest that neither the No Campaign nor the media have called the election, which I take to mean that there will now be a count of the absentee and provisional ballots to see how they shake out. The NY Times reports that roughly 3 million of these were cast, though obviously not all of those include votes on Prop 8. (Interestingly enough, though, by the data reported on LATimes.com, it appears that on Tuesday more people voted on Prop 8 in California than cast votes for President! As expected, many social conservatives turned out even if they didn't care about the other issues.) I believe historically that absentee voters in California have tended to be less progressive than the mainstream, but there is no way to know what these votes contain until they are counted.

I do not know how long this process will take until closure. I will keep you posted if I discover some interesting news. But some thoughts on the last 12 hours...

As we all know, last night was an historic night for this country. No matter what your political orientation, it was a proud moment to see realized the ultimate American dream in the ascendancy to president of the son of a white woman from Kansas and an African man from Kenya. (Not to mention the public's maturity in handling an unusual name and a Muslim grandfather.) It was a hard fought victory and Sen. Obama's supporters spanned race, gender, class background, sexual orientation, religion, and geographic location. This was underscored in an eloquent concession speech from Sen. McCain. As many pundits have observed, this result is more than even a Jackie Robinson moment. It reflects a seismic shift in our cultural vision of inclusion and a transformation of our collective understanding of what it means to be an American.

But in the midst of this incredibly inspirational moment, the opponents of progress and multi-culturalism have scored big on the backs of LGBT people. Yesterday there were 3 other anti-gay initiatives on state ballots elsewhere in the country: 2 props amending state constitutions to ban gay marriage (Arizona and Florida), including one banning the benefits of domestic partnerships (in FL) and 1 . All of these passed. The measure in FL needed over 60% to pass. It got 62%.

What this means is that in a state like Florida I can't share health or pension benefits with my committed life partner. In Arkansas, I can't adopt a child because I am gay. And, though the verdict is still out in CA, it may be that I do not have the right to get married in my own state, where I live, work, and pay taxes just like everyone else. It is pretty amazing to contemplate, but the far right has managed to get at least 32 anti-gay ballot initiatives on statewide ballots in the last 12 years. Of the 31 whose results are known, they succeeded in getting anti-gay laws or constitutional amendments passed 30 times in at least 29 different states. The only state they lost - just a few years ago - was Arizona, and they reversed that defeat this time around. In most states in this country, I am required to be no more than a "legal stranger" to the person with whom I commit to spend my life, build a home, and create family.

To say that I and so many others are sad and disappointed today is a massive understatement. Even if we win the battle in California, and I desperately hope we do, the trend nationally is profoundly disturbing and needs to be reversed. It rocks me to the core that gay people are still so hated and feared. It is overwhelming both on a personal and community level to have to fight institutional churches (including the one I was raised in) and religious beliefs. And we are caught in an incredibly frustrating struggle trying to "win" hearts and minds amidst the false equality that has been constructed between "faith" and "gay rights" (as if everything homophobic should be forgiven so long as someone prays their hatred and as if the legitimacy of gay people can be reduced to what "conduct" we are allowed, ignoring our basic humanity as people who happen to have a minority sexual orientation).

So, the vigil is on now. We will keep hoping for a turnaround here in the California results. In the meantime, we can hopefully take some comfort knowing that the No on 8 campaign ran an excellent, professional race for us, raising over $30m (including from most/all of you) without the benefit of churches or other institutions beating the bushes for us, and enjoyed one of the biggest, most inclusive coalitions of any statewide campaign in history. (And note: this was led in prominent part by the California NAACP, to which we owe a huge debt of gratitude.) We also witnessed the biggest turnout of straight allies for our issues that we've ever seen. You - and your friends and families - were a huge part of that and I hope you will join me in thanking those you know who stood with us. Every vote mattered.

I will check in later about the absentees once I hear something. Be well and take good care of each other.

Kelly

Our Original Message...

Dear friends and colleagues,

I do not usually send this type of email. However, I sincerely ask for your help now and on election day to defeat Proposition 8.

It is an unfair ballot proposition that, if passed, will take away fundamental rights for many Californians.

This is really important to me. It is really important to my partner Rich. In fact, just last Sunday, after more than 25 years together we had the opportunity to marry surrounded by close family and friends — on very short notice given this election. This fundamental right is threatened again. It is unfair, unnecessary and wrong.

Prop. 8 would eliminate the right to marry for same-sex couples. I trust you agree that eliminating fundamental rights — from anyone — is just wrong.

As Senator Feinstein stated, Prop 8 will write discrimination into our constitution. Pure and simple. As a lawyer I have always believed our constitution was designed to safeguard our rights. It serves as a bulwark against the tyranny of the will of the majority. And you do not have to be in favor of same sex marriage to vote No on 8. You just have to agree that equality for all under the law is a good thing. It is right and just. It is simply a question of fairness. I would never trade my marriage for a "domestic partnership." Trust me, it is not the same and now Rich and I have had both. I ask my friends in opposite sex marriages — would you trade yours for a domestic partnership?

Virtually every major paper in California is against Prop 8. The L.A. Times says it is "a drastic step to strip people of rights." La Opinión called Prop 8 "an unnecessary initiative". The San Diego Union Tribune wrote that Prop 8 "offends many Californians' sense of fairness."

The fear inducing claims by the pro 8 forces that the Supreme Court decision impacts religion and education are untrue and disgusting. The decision states precisely the opposite. Churches can discriminate as they please within their churches. And there are so many churches that are welcoming to me, my family and friends. And, what ever happened to the simple notion of separation of church and state. This is about the state issuing licenses. Not churches. The same argument regarding education was tossed by the Sacramento Superior Court as "false and misleading" when they tried to get the same language on the ballot. It is shameless and designed to generate fear.

And the Supreme Court is not a bunch of activist judges. Six of the seven are Republican, appointed by Reagan, Deukmejian and Wilson. Far from activists. They just understood the importance of fundamental rights and fairness. I still get goose bumps just reading the decision and our court's recognition of the historical oppression against a marginalized community of which I am proudly a part. Governor Schwarzenegger is against 8. The foregoing is why I helped spearhead our Bar Association's Marriage Fairness Task Force to help defeat this proposition.

Check out our website at www.sfbar.org so you can see all the hard work my friends and colleagues have undertaken in an effort to educate the community, not frighten it.

If this doesn't convince you, I hope you'll email or call me so we can talk about this.

Thank you for doing all you can to defeat Prop. 8. Visit the No on 8 website for information on how to help us prevail next week. If you are with Rich and me in this fight, anything you can do to help is appreciated. Talk to your friends, donate money. And VOTE.

Warmly and respectfully,
Russ

Russell S. Roeca
Roeca Haas Hager LLP
351 California Street, Suite 900
San Francisco, CA 94104
415.352.0980
415.901.4201 (direct)
415.352.0988 (fax)
rroeca@r2hlaw.com
www.r2hlaw.com

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