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Bigots Seeking California LGBT History Bill Repeal FAIL

Awww. The bigots who launched an effort to repeal California's LGBT history bill have officially failed to gather enough signatures, reports the San Francisco Chronicle.

The group, Stop SB48, which is named after the law, faced a Wednesday deadline to turn in just under 505,000 signatures to put the law on the ballot and give voters the opportunity to overturn it. In an e-mail, the group said, "We thank all of you that worked so hard to provide the hundreds of thousands of signatures received. In the end, 90 days was too short a time to accomplish such a large task."

They gave no precise number of how many signatures had been gathered. Backers ran the effort out of the offices of the Capitol Resource Institute, a socially conservative advocacy organization in Sacramento. The institute's executive director, Karen England, also was the leader of the referendum.

The nearly all-volunteer effort faced not only a short time frame, as referendum signature drives must be completed 90 days after the governor signs a law, but also a lack of significant contributions from national socially conservative organizations. The backers of the referendum noted that second issue in their e-mail.

Gov. Jerry Brown signed SB 48 on July 14. The bill requires California public schools to include LGBT history in all curricula. The bill has been slammed by conservatives and many churches, who launched a signature drive to repeal the bill.

Pastors seeking to repeal the Fair Education Act held a now-infamous prayer rally last September where they forcibly ejected gay activists from a Los Angeles church.  Anti-gay activists with Stop SB 48 were also documented lying in signature collection—claiming that the repeal would "protect children" from child molesters.

Anti-gay activists vow there will be another "battle".

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Church Ejects Gays at LGBT Bill Protest
CA Sen Passes Bill Mandating LGBT History

Meg Whitman Named HP CEO

Failed California Republican gubernatorial nominee and billionaire former eBay CEO Meg Whitman has been named the new chief executive of troubled Hewlett Packard.

HP, considered the original Silicon Valley tech company, has been engulfed in turmoil for years, especially since the ouster of former CEO Mark Hurd last year in a scandal over his relationship with a female contractor. More recently, the company has confused investors and consumers with a new strategy, jettisoning a TouchPad computing device after only a few weeks on the market and announcing plans to consider spinning off its personal computer division.

The PC spin-off decision will be made before the year's end, Whitman tells the Wall Street Journal.

Whitman replaces former CEO Leo Apotheker after less than a year. Most of the 12 members of HP's board of directors reportedly "had not even met" with Apotheker when he was hired. Most of the board has been replaced.

Whitman sunk about $145 million of her personal fortune into her failed bid for governor. "Each vote she received cost her about $45," reports NYT. "The Democratic candidate Jerry Brown, who spent little by comparison, handily won." Whitman opposed marriage equality and promised to vigorously defend Proposition 8 against its current legal challenge if elected.

VIDEO: LA Church Ejects Gay Activists at LGBT History Bill Protest

A California pastor who claims he is "not a bigot" ejected gay activists from his church rally to kick-off a signature drive to repeal California's LGBT history bill. Watch the report WHEN YOU JUMP ...

The drama unfolded Wednesday at the Southern Missionary Baptist Church in Los Angeles. The congregation gathered to "pray for the repeal" of the Fair Education Act, also known as SB 48.

"This is not about us hating anyone or being homophobic or guilty of bigotry," pastor Xavier Thompson told KTLA. "The fact of the matter is that we believe that we cannot sexualize history."

Groups who support the new law showed up the meeting to voice their perspective. ... Just prior to the start of the meeting, a trio of SB 48 supporters, including a local rabbi, were asked to leave.

"We just wanted to know if we could come, listen, observe and hear their side, because we want to come to the table on some common ground," said Milton Davis, of the Jordan/Rustin Coalition. "They said that they did not want us on the property at all, period. They told us they were asking us to leave, but they told us they would be willing to remove us if they needed physically," Davis told KTLA.

Gov. Jerry Brown signed SB 48 on July 14. The bill requires California public schools to add LGBT history to its curricula. The bill has been slammed by conservatives and many churches, who have started a signature drive to repeal the bill.

The signature circulation deadline is October 12, 2011. About a half-million signatures are needed. Equality California Executive Director Roland Palencia has acknowledged the referendum will "probably" make the ballot and fighting it will be an uphill battle.

KTLA reported on the drama at Southern MBC. Watch the fiasco—including a church queen ejecting the activists and shirtless men dancing at gay pride to illustrate "the homosexual agenda"—WHEN YOU JUMP ...

CALIFORNIA: Senate Passes Bill Mandating LGBT History in Schools

The contributions of gays, lesbians, bisexuals and transgender people would be included in social studies curricula under a bill passed Thursday by the California Senate, reports the AP.

If the bill is adopted by the state Assembly and signed by Gov. Jerry Brown, California would become the first state to require the teaching of gay history.

Supporters say the move is needed to counter anti-gay stereotypes and beliefs that make children in those groups vulnerable to bullying and suicide. Opponents counter that such instruction would further burden an already crowded curriculum and expose students to a subject that some parents find objectionable.

The legislation, sponsored by Democratic Sen. Mark Leno of San Francisco, passed on a 23-14 party line vote. It also would add disabled people to the curriculum. The bill gives school districts flexibility in deciding what to include in the lessons and at what grades students would receive them.

But starting in the 2013-14 school year, it would prohibit districts and the California Board of Education from using textbooks or other instructional materials that reflect adversely on gay, bisexual and transgender Americans.

Social conservative groups in the Golden State are predictably energized by SB48, reports the San Francisco Chronicle.

A long list of religious and conservative organizations has come out vehemently opposed to the measure, including the California Catholic Conference, California Concerned Women for America, the Conservative Party (California) and the Traditional Values Coalition. ...

The measure "forces the inclusion of LGBT persons into social science curriculum based on their sexual orientation alone," said Ron Prentice, CEO of the California Family Council, in an e-mail. "Sen. Leno's intention with SB 48 is to increase every public school student's exposure to the homosexual lifestyle, while disallowing any accurate but potentially unfavorable content to be included in the related curriculum."

Some school districts in the state, such as San Francisco and the Los Angeles Unified School District, have already incorporated LGBT history into lessons.

The bill now heads to the Assembly.

California AG Kamala Harris Asks Court to Lift Stay on Marriages

California Attorney General Kamala Harris has filed a request with the Ninth U.S. Circuit Court of Appeals to allow same-sex marriages while it considers whether to overturn Proposition 8, the voter-approved same-sex marriage ban.

The Associated Press:

In a letter to the 9th U.S. Circuit Court of Appeals, Harris joined the lawyers for two same-sex couples and the city of San Francisco in seeking the resumption of gay marriages in California. The unions were put on hold while Proposition 8's sponsors appeal a trial judge's ruling striking down the ban.

Harris said those sponsors were unlikely to prevail in their appeal and that keeping the ban in effect was a fruitless violation of gay Californians' civil rights. "The public interest weighs heavily against the government sanctioning such discrimination by permitting it to continue," she wrote.  Harris also said the case for allowing gay marriages was bolstered by the Obama administration's announcement last week that it would no longer defend the federal Defense of Marriage Act.

Harris is the former San Francisco District Attorney and a veteran equality advocate. Speaking in December 2010 at her first news conference as Attorney General-Elect, you'll recall that Harris reiterated a core campaign promise: "We will not defend Proposition 8 because it is simply unconstitutional."

The 9th U.S. Circuit Court of Appeals is weighing the constitutionality of Proposition 8. But first the California Supreme Court must decide if Prop 8's sponsors can defend the ban.

In related news: On the same day that California AG Kamala Harris filed her request with the 9th U.S. Circuit Court of Appeals, the California Supreme Court has refused to expedite its timeline to rule on whether anti-gay groups have "standing" to defend Prop 8, which it agreed to do two weeks ago. The hearing is scheduled for September and the court will not move it up.

California Supreme Court to Review Key Prop 8 Request Today

This morning some developing news from California on Proposition 8 ...

On January 4, the 9th U.S. Circuit Court of Appeals punted the appeal of the landmark Prop 8 ruling to the California Supreme Court. You'll recall the federal court "certified" a request to the California Supreme Court on the question of "standing"—asking if the supporters of the voter-approved marriage ban can defend the measure in court when state officials refuse to do so.

The California Supreme Court will consider this key question today, reports the L.A. Times.

 The state high court, meeting in closed session, will review a request by the U.S. 9th Circuit Court of Appeals to determine whether Proposition 8’s sponsors have legal authority to defend the ballot measure. Depending on the court’s ruling, the 9th Circuit could either dismiss the Proposition 8 appeal on procedural grounds -- limiting the case’s effect to California -- or rule on federal constitutional questions that would affect same-sex marriage throughout the country.

Former Gov. Arnold Schwarzenegger and then-Attorney General Jerry Brown refused to appeal Chief U.S. Judge Vaughn Walker's August 2010 decision striking down the ban as unconstitutional. Newly inaugurated Governor Jerry Brown and Attorney General Kamala Harris also refuse to defend the ballot measure.

CA Supreme Carlos Moreno, Sole Dissenter Against Prop 8, to Retire

California Supreme Court Justice Carlos Moreno—the sole justice to cast a vote against upholding Proposition 8—has unexpectedly announced his retirement. Moreno is the sole Democratic appointee and Latino on the court, and is described as the author of some of "its most important gay-rights opinions."

The San Jose Mercury News broke the story:

In an interview with the Mercury News on Thursday, the soft-spoken Moreno said the "time seemed right" to move on, citing Brown's election, reaching full judicial pension eligibility and being young enough to still explore lucrative options in the private sector.

Moreno's departure comes on the heels of the retirement this month of Chief Justice Ronald George, who has been replaced by new Chief Justice Tani Cantil-Sakauye. The two moves could usher in one of the most significant shifts on the court in decades, with Brown in position to fill Moreno's seat and perhaps others in the coming years on an aging Supreme Court.

The governor will be under pressure to replace Moreno with either a Latino or an African-American; there currently are no African-American justices on the court, and San Francisco appeals court Justice Martin Jenkins, a former federal judge, is already being circulated as a potential candidate.

Moreno has been the Court's fiercest advocate for LGBT rights, reports The san Francisco Chronicle.

Moreno said the rulings of which he is proudest include four 2005 decisions that upheld same-sex couples' parental rights, including custody and child support, and the right of domestic partners to be free of discrimination by businesses. He was also part of the 4-3 majority in May 2008 that declared the right of gays and lesbians to marry in California.

After voters overturned that ruling by passing Proposition 8 in November 2008, Moreno was the only dissenter in the court's 6-1 decision that declared the measure a valid amendment to the state Constitution. In his dissent, Moreno wrote that the ruling "places at risk the state constitutional rights of all disfavored minorities." Prop. 8 is now being challenged in federal court. "He has been a champion of ensuring the Constitution's protection of equality," said Geoff Kors, executive director of Equality California, the state's largest gay-rights group.

You'll recall that Moreno was on the Obama Administration's shortlist for the U.S. Supreme Court when it was considering replacements for David Souter. Moreno was interviewed by the President. The appointment went to Justice Sonia Sotomayor ... ironically  announced the same morning the Court released its Prop decision.

Some Background ...
Pro Gay Marriage Moreno on Obama's SCOTUS List?
CA Supreme Moreno Casts Single Vote Against Prop 8

9th Circuit Asks CA Supremes for Ruling Re: "Standing" on Prop 8

The 9th U.S. Circuit Court of Appeals has punted the appeal of the landmark ruling on Prop 8 to the California Supreme Court.

The three-judge panel has asked the California Supreme Court to rule on the question of "standing"—can the supporters of voter-approved marriage ban defend the measure in court when state officials refuse to do so. The question is key to the future of Proposition 8. You'll recall former Gov. Arnold Schwarzenegger and then-Attorney General Jerry Brown refused to appeal Chief U.S. Judge Vaughn Walker's decision striking down the ban as unconstitutional. Newly inaugurated Governor Jerry Brown and Attorney General Kamala Harris also refuse to defend the ballot measure.

In a separate order, the court ruled that conservative Imperial County—which overwhelmingly voted for Proposition 8—lacked standing to appeal the decision.

Posting the certs ASAP ...

Oral Arguments Begin in Appeals Court Proposition 8 Hearing

This morning in San Francisco, a three-judge panel of the U.S. Ninth Circuit Court of Appeals begins hearing oral arguments in Perry v. Schwarzenegger, the landmark federal challenge to Proposition 8.  In August, Chief U.S. Judge Vaughn Walker struck down the voter-approved same-sex marriage ban, finding that it violated the Due Process and Equal Protection clauses of the U.S. Constitution.

The Associated Press previews today's hearing:

The hearing on Monday will unfold in two parts and cover two issues. The first is the question of legal standing: the major defendants in the case — Gov. Arnold Schwarzenegger and Attorney General Jerry Brown — have opted not to defend the measure, leaving the defense to groups like [the Alliance Defense Fund].

Mr. Brown was elected governor last month, meaning the state’s next chief executive will not support the ban. David Boies, the veteran Washington lawyer challenging the measure, said that proponents would need to prove that their lives were being directly, and substantially, harmed by Judge Walker’s decision in order to prove their standing. "It’s not enough that you have a policy disagreement," Mr. Boies said.

While the state has opted out of the defense, in September, officials in Imperial County — a rural area east of Los Angeles that has one of the highest unemployment rates in the state — filed briefs to defend the measure, saying that Judge Walker had disregarded the will of California’s voters, who passed Proposition 8 in 2008 with 52 percent of the vote.

The judges will spend the second part of Monday’s hearing on the actual legality of Proposition 8. Opponents have argued — and Judge Walker agreed — that voters had no legitimate state interest in defining marriage as exclusively between a man and a woman, and provided more than a dozen witnesses during testimony in January to back up their case. Supporters of the measure offered two witnesses.

The San Francisco Chronicle outlines the next steps in the federal appeals process for the case that almost certainly will be appealed to the Supreme Court.

The hearing will be televised on C-SPAN beginning at 1:00PM ET.

There are also several informative backgrounders on today's hearings. MetroWeekly's Chris Geidner posts an excellent "Prop 8 Argument Day FAQ." Liz Newcomb at AMERICABlog Gay posted a backgrounder with the key documents. Lisa Keen at Keen News Service also wrote a "Viewers’ Guide to Prop 8 Arguments."

WATCH: California AG Kamala Harris: "We Will Not Defend Prop 8"

Speaking at her first news conference since the November 2 election, California Attorney General-elect Kamala Harris formally declared victory. The San Francisco District Attorney led her Republican opponent, Los Angeles County District Attorney Steve Cooley "by 75,033 votes as of today," reports SFAppeal.com. "Cooley conceded defeat last Wednesday, but Harris declined to declare victory until all the votes were counted."

And to much applause, Harris reiterated one of the core platforms of her campaign: "We will not defend Proposition 8 because it is simply unconstitutional. One does not need to run from their convictions when they choose to run for office."

Cooley promised to defend Prop 8 in court. Harris and Governor-Elect Jerry Brown both promised not to appeal the landmark ruling. And they won. Harris won Cooley's Los Angeles County by 14 points.

On Monday, the Ninth Circuit Court of Appeals is scheduled to hear oral arguments in the Proposition 8 proponents' appeal of Chief U.S. Judge Vaughn Walker's landmark ruling. The hearing will be televised.

Watch, WHEN YOU JUMP ....