Prop 8 Trial: City Of San Francisco Asks Court For Advance Notice Of Decision

Cities like to know ahead of time when a major protest is going to occur--that's not revolutionary. However, what is quite out of the ordinary is when one asks a court for advance notice prior to it's issuing a ruling on a controversial issue.

That's precisely what happened when a representative from the San Francisco City Attorney's office sent a letter to the 9th Circuit Court of Appeals regarding the case of Perry vs. Schwarzenegger, aka the Prop 8 trial.

Oral arguments in the case concluded on December 8th and a decision could conceivably be handed down by the three-judge panel any day now.

In a letter sent to the court's clerk on Wednesday, Chief Deputy City Attorney Therese M. Stewart wrote:

I write on behalf of Plaintiff-Intervenor and Appellant, City and County of San Francisco, to echo the City of West Hollywood's request that the Court provide the parties advance notice when the decision on this appeal is forthcoming. In several prior instances when decisions have been issued relating to the marriage rights of same-sex couples, there have been large gatherings, including protesters, at the courthouses and in the Civic Center area of San Francisco. Those gatherings have involved expressions of intense emotion and sometimes heated debates between people who strongly disagree. In any instance where crowds of protesters gather, and particularly where the issue is as emotional and contested as this one, it is helpful for the San Francisco Police Department to be aware of the gathering in advance to plan for and deploy an adequate number of officers to the areas where protests are likely to occur. We would therefore be grateful if the Court could provide advance notice of its intention to issue its decision in this case.

Stewart's boss, City Attorney Dennis Herrera, has long been one of the key figures in the debate over gay marriage in California. A long time advocate for marriage equality, much of the energy for San Francisco's initial legalization of gay marriage came from his office.

Additionally, Herrera made history when he (along with government lawyers in Los Angeles and Santa Clara County) filed their first government challenge to laws prohibiting homosexual couples from getting married.

Check out this video from the American Foundation of Equal Rights on the December 8th Prop 8 hearing before the 9th Circuit Court of Appeals:

Comments

[Diana Scrimger]

02:26 PM on 01/18/2012

The Yes on Prop 8 side is going to win. Marriage is between a man and a woman. The Yes on Prop 8 side can prove that you cannot marry an AKA. The Yes on Prop 8 man is openly straight. The Yes on Prop 8 side can also prove that he was bullied by a Gay man that was a director. The Yes on Prop 8 man is entitled to all of the money! Because he was dubbed!

[Diana Scrimger]

01:59 PM on 01/05/2012

Marriage is between a man and a woman. The Yes on Prop 8 side can prove that you cannot marry an AKA. Not only does the Yes on Prop 8 side have standing but maybe a real surprise could happen. He could become President of the free world!

[Diana Scrimger]

12:38 PM on 12/21/2011

I consider myself part of the slient majority.

[Diana Scrimger]

09:09 PM on 12/20/2011

We certainly hope that the Yes on Prop 8 man files his lawsuit. That would really surprise everybody when he does. The Yes on Prop 8 side can prove that Marriage is between a man and a woman. The Yes on Prop 8 side can prove that you cannot marry an AKA! Also a marriage can be considered legal when it takes place in a courthouse. I am still waiting on a Church wedding to take place.

[Diana Scrimger]

08:57 PM on 12/20/2011

I do believe marriage is between a man and a woman. The Yes on Prop 8 side should win. The Yes on Prop 8 side man's son should buy his wife a wedding ring. How long does it take to purchase a wedding ring? That is what Church should buy for State this Christmas. That is what would make somebody very happy. To have a recognized marriage. Why do you consider their marriage illegal?

[Diana Scrimger]

06:42 PM on 12/20/2011

We think that the No on Prop 8 side was the main reason that Buffy the Vampire Slayer was cancelled. We have not forgiven that side for that! Buffy the Vampire Slayer was a great show until it had to get political! It would be on the air now if it had not forced viewers to put up with this issue. We blame you for not having a season 8 Buffy the Vampire Slayer TV season!

[Diana Scrimger]

06:09 PM on 12/20/2011

You are so quick to bash the good network TV shows that people watch now that it is time to bash what you forced Americans to have and that is the Logo channel. There is nothing that straight hetrosexuals want to watch on that network so why are we forced to have that station on our TV's? It should not be part of the viewers choices. It should be an extra change channel like HBO. I would prefer the Hallmark Channel instead of the Logo Channel.

[practiceempathy]

06:55 PM on 12/20/2011

I have to endure occasionally clicking on CBN.

Know what I do?

I groan, then click.

Try it.

Groan, then click.

It's THAT easy.

See...it's not ALL ABOUT YOU.

[Diana Scrimger]

05:48 PM on 12/20/2011

I believe that Marriage is between a man and a woman. That is how I feel. I do not understand why you need to call it marriage when you have Civil Unions. Isn't that good enough for you.

[practiceempathy]

06:57 PM on 12/20/2011

Because I know that people like you truly only want this distinction so that you can sit up on your perch of superiority and look down on civil unions.

No civil unions.

No compromise on dignity.

No way.

[Mongecar]

01:15 AM on 12/19/2011

Diana after your last comment it is evident you cant be taken seriously. You want to change the entire solid base of our constitution simply so you can justify your homophobia, Now it is obvious your problem is not with gays and lesbians getting married, your problem is with Gay and Lesbians in general. I will continue to live my life and will eventually gain the right to marry regardless of your approval or disapproval. that is a fact you will have to get used to it or you can continue to post hateful , incoherent messages in here and any other venues, either way. WE DO NOT CARE.

[Al91206]

11:34 PM on 12/18/2011

Question: Is this the federal decision whether prop 8 supporters can continue fighting for their propositision OR is this whether prop 8 is Constitutional or not??

[AquariusNSF]

04:31 PM on 12/19/2011

It is both (and more). Now that the CASC has given its advice on standing, the Ninth Circuit panel needs to decide whether or not the proponents have Article III standing. If they do, they will move on and decide the merits of the case. I strongly suspect that both will be in one decision/opinion along with the decision on the motion to vacate.

[Al91206]

10:30 AM on 12/20/2011

Thank you very much!!

[Diana Scrimger]

08:27 PM on 12/18/2011

I am trying to find out whether I am legally married or not. Marriage is between a man and a woman. Therefore what harm would there be if Church and State were legally married? Yet it not the idea Marriage that I wanted. That is what I have to say to the Yes on Prop 8 man's son.

[cenourinha]

09:41 PM on 12/18/2011

totally incoherent. please try again.

[Contact1972]

04:02 AM on 12/19/2011

Johnb123-is this you yet again with a different handle?

[Mongecar]

02:15 PM on 12/18/2011

Part 3 and final
If i was in your shoes and marriage as an institution was that important to me then i would focus my efforts on my very own Community in your case the heterosexual community. Why are so many couples getting divorced? Why are so many straight americans not interested in marrying anymore? those would be the things that i would be worrying about. Stopping others from committing and sharing a life of happiness together because they are of the same gender will not restore the already damaged Heterosexual institution. If you want to help marriage do it by helping your own, making sure yours is a long lasting one, filled with love and a example to future heterosexual marriages. Same gender Marriage will never destroyed your Heterosexual Marriages. Letting other reach happiness and joy no matter how different from us they might be is the human thing to do. It is only when we stop seeing ourselves as the number one priority when we are able to rejoice on the happiness around us. As a gay man I am happy that you have found love and have a healthy loving partnership. Your marriage and love inspired me to reach that same level of happiness someday. Open your Heart to change let all Americans be as happy as you are spread love and happiness.

[Mongecar]

02:14 PM on 12/18/2011

PART 2
With so many issues concerning women rights and the mistreatment of women why would you focus your attention on something that does not affect you at all and should not concern you. I hope you are a married woman who has a loving husband who treats you well and makes you happy. I hope you are lucky and blessed enough to have found that man that gives your heart a shock every time he looks at you. The one man who fathered your kids and provides for a family you are very proud about. I hope you have found happiness and will enjoy that until your days are over. If you noticed i used the word "Hope" because hope is what keeps all of all going, "Hope" does not belong to gays or straights, does not understand differences on gender or skin color. "Hope" is a word that allow us to look into the future and dream bigger. Ironically for us Gays and Lesbians "Bigger means Equal" Marriage is a right the heterosexual community does not have to work or fight for. Perhaps this explains why the divorce rate is as high as it is and perhaps this also explains why people think of marriage as a contract that can be dissolved if things do not work out.

[Mongecar]

02:11 PM on 12/18/2011

To Mrs Diana Scrimger,

I am looking at all your posts in here and your need to continue to pound your beliefs and opinions on those who you perceive as being on the wrong side of the issue. I understand your passion and your right to stand up firmly for what you believe in. But let me ask you a question? Many of us gay people do fight for equality for many different reasons, just like you fight for your own definition of marriage. I find it very interesting that you spend all this time talking about who should marry who and what their genders should be. I am sure you like to think of marriage as a man and a woman who love each other and want to commit and celebrate life together. Marriage is not the act to hire a church and invite people to come to a free reception. Marriage is much more than that. People get married all the time, there are hundreds if not thousands of heterosexual marriages in the world everyday some of them will last for years others will not last longer. some get married for the right reasons others for the wrong reasons. some women are forced into marriages with men they do not know. and recently in an Arab country this woman was incarcerated because she was raped by her brother in law, spent two years in prison and was not released free until she agreed to marry her Rapist.

[Diana Scrimger]

01:15 PM on 12/18/2011

I did not make up the Yes on Prop 8 man. The identity of the Yes on Prop 8 man is easy to figure out when you know that his relatives by marriage can be seen on TCM or Turner Classic Movies. That is what makes this very funny to voters living in California. That is one way that I know that the No on Prop 8 is going to lose!