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Fred Silberberg

Fred Silberberg

Posted: January 15, 2010 02:02 PM

The Ultimate Act of Cowardice in the Prop 8 Case

What's Your Reaction:

This week marked the commencement of the San Francisco Federal Court case over the constitutionality of California's Proposition 8, which banned same-sex marriage in California. For those who do not recall the particulars of the legislation, the proposition was supported by various conservative and religious groups who raised over $40 million dollars, much of which came from outside the state, in order to fund their opposition campaign.

The campaign in support of Proposition 8 put forth various claims about the alleged effect legalizing gay marriage would have on heterosexual marriages and children in the state of California. Backers of Proposition 8, which included people like William Tam and an organization called "Protect Marriage," had no problem disseminating all sorts of claims to the public in effort to obtain support for their initiative. These claims included outlandish charges like the legalization of same-sex marriage would result in "gay sex being taught in schools." In fact, during the campaign, backers of Prop 8 had no problem making all sorts of misrepresentations to scare people into supporting their proposition. Many of these representations were pervasively known to be false. They were quite public about their quest, which included ongoing commercials on radio and television, large scale dissemination of materials in the mail, door-to-door canvassing of voters, and putting up signs stating "protect marriage." This widescale campaign was unlike anything perviously seen in California and ultimately it successfully persuaded a slight majority of the voters who participated in that election, to pass the initiative.

Having conducted what has been viewed by many as a smear campaign, based on the public dissemination of falsehoods, it is rather ironic that the same individuals who so vociferously supported this initiative in public prior to the election, now allege that they have a right of privacy which needs to be respected and that the court should decline to publicly broadcast the proceedings as had been planned.

Aside from the request by William Tam, to now be excused from the case as a defendant (which he voluntarily petitioned the court previously for) because he is "tired and wants peace," Protect Marriage and others want to keep the public in the dark about what the impact of Proposition 8 really means for many Californians. The trial was expected to be covered by the media so that it could be observed by the public. Under the guise of claiming that they will be intimidated if the proceedings are available to the public, Protect Marriage and others have asked the United States Supreme Court to block the broadcast of the proceedings. The Supreme Court granted the request on a temporary basis this week. While the grant was not a final decision, the effect of it is such that it is more likely than not that the Supreme Court will not rule until after the trial is over.

It is unfortunate that the Supreme Court decided to block the broadcast of the proceedings. In essence, the same people who used the public as a sword in their quest to attack gay rights, have now been able to successfully use the court system as a shield to suddenly take themselves out of the public eye, knowing full well that the exposure of the trial will make people aware of the various falsehoods that they alleged in support of their campaign.

This act of manipulation of the legal system should, in and of itself, cause voters to question whether there was any merit to supporting the proposition to begin with. Having made their claims in the public without any regard for the fear that they created by making false statements and by using scare tactics, these same organizations should not be permitted to cover up their falsehoods by not allowing the public to view the proceedings in the media. It appears that the supporters of the proposition do not want the voters in California to suffer from "buyer's remorse." It is unfortunate that the Supreme Court's ruling has enabled these people to again use the legal system to try and promote their agenda. Their refusal to allow the public to properly scrutinize their claims, and the motivation behind the sponsorship of Proposition 8, is the ultimate act of cowardice and the public should view it as just that.

 
 
 
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01:58 PM on 02/17/2010
I got a mildly belligerent call from an elderly gentleman requesting I vote against prop 8 in the CA election. Upon talking to him, he neither felt strongly about it not even really knew what he was talking about. I kind of felt sorry for him, he was probably sent to the phone banks by his church and was
completely befuddled.
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JohnBisceglia
03:34 AM on 01/18/2010
People need to WAKE UP - Let's fund a proposition that takes away just ONE right from a married heterosexual couple.

How about PROP STR8 HATE - Husbands will be prevented from seeing their dying wives in the hospital. Wives will be the last person to be told (if at all) if husbands are in the military

Or maybe PROP STR8 ROBBERY - The 20-30 year pension your now deceased husband accumulated to protect you AND your 3 children will be taken away permanently.

Sounds like extraordinarily hateful, evil "legal" acts to me. And these are just TWO (2) rights.
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BoyInBOYCOTT
11:08 AM on 01/18/2010
To turn off the unlimited money poured into anti-gay initiatives it's not individual straight folk's Rights we need to take away, it's the various CHURCHES.
We need to author referendums on state ballots they have to defend such as:

Houses of worship recieve 10% off the tax on that building compared to what a secular owner would pay. Call it American Charity Act.
or taking every cent of their "faith-based" government funding, I'll be damned if I'll PAY MY taxes to have these thugs turn around and discriminate in hiring, and using the extra money to attack OUR families.
12:25 PM on 01/18/2010
You most certainly may choose to not pay taxes as a form of protest and civil disobedience. That is quite in the spirit of Gandhi and MLK. You need to take such action with full awareness of the potential consequences, however. You may be imprisoned, fined and your property seized. If you are serious about not paying taxes and are willing to suffer the consequences of that civil disobedience. then by all means, refuse to pay taxes.
11:35 AM on 01/18/2010
Your argument is based upon the unproven premise that someone is taking away rights from homosexual couples.
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BoyInBOYCOTT
12:21 PM on 01/18/2010
It's based on the FACT the MAJORITY of straight folks are denying LGBT families the SAME Rights their families have.
12:28 PM on 01/18/2010
There is no provision in The Constitution explictiy granting the right to or the protection of homosexual marriage. No one is taking anything away. You can't take away something which neve existed in the first place.
11:54 PM on 01/17/2010
If you read the SCOTUS ruling, you will see that the request for broadcasting the trial VIOLATED the courts OWN RULES against doing so. The pro-gay side wanted to violate the procedural rules set forth in the courts own rules. THAT is the only thing the court decided. THAT is why the majority prevailed in this ruling. They said you have to follow the rules, nothing more nothing less.

Breyers dissent is not very compelilng at all and missed the heart of the action. He basically said,. that if there is enough interest and a pilot program had been authorized., they should be allowed to proceed. To hell with the rules.
11:55 AM on 01/18/2010
Yes. The viloation of the rules by the presiding judge is glossed over. No one has questioned that the rules were. in fact, violated by the judge. No one has presented any evidence that the rules were not violated by the judge. It was the violation of the rules by the presiding judge which precipitated the request for a Supreme Court decision and which resulted in the decision issued. Had the presiding judge not chosen to violate the rules, the Supreme Court would never have become involved in this instance.
01:16 PM on 01/17/2010
"In essence, the same people who used the public as a sword..."

Mr. Silberberg, for the above assertion to be true, 52% of the population of California would have to be so weak that they could be used by someone or some group as a "sword".

"This act of manipulation of the legal system..."

Forgive me, Sir, but I fail to see how following normal, standard procedures for filing a motion and securing a decision from the highest court in the land comstitutes a "manipulation". This is our legal system and this is how it works. Are you proposing that we create a new and different legal system specifically so that things will turn out as you wish on this issue?
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BoyInBOYCOTT
02:39 PM on 01/17/2010
From the same bat sh*t cazies who think campaign finance disclosure is JUST for everyone else.
From the LIARS who used a filthy pedofile commercial in Kalamazoo where a little girl is followed from a playground into a restroom...with the clear implication the pedofile must be gay, Had that ad showed a little white girl followed into a restroom by a Black man, or a Latino, or a Muslim NO STATION would have aired it, and it should be charged as HATE SPEECH.
11:27 AM on 01/18/2010
That's an interesting emotioanl outburst but, as usual, it has nothing to do with either the blog or my comment.

In any election, the losing side could claim that the winning side used the public as a sword. Therefor the claim is meaningless.

As stated above, the motion which went to the U. S. Supreme Court was done in the normal manner, the same as it has been done in countless thosands of other cases. If the standard legal procedures are not to your liking then perhaps you should seek to change them before bringing your concerns before the courts.
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BoyInBOYCOTT
12:00 PM on 01/17/2010
When the HELL do we get justice?
The Mormons and their front group National Organization for Marriage, along with Catholic Bishops IGNORE, and BREAK campaign finance laws in state, after state, after state.
It'd be in the best interest of the Courts and these organizations to have these proceedings in PUBLIC, you do this too cute by half cr*p, and make the trial look like a kangaroo court, don't whine when you coniviving has the sh*t hit the fan.....after the fact

NO OTHER MINORITY would tollerate this crud..
01:27 PM on 01/17/2010
You are making some serious allegations which, to the best of my knowledge, have not been proven to be true. What evidence do you have for us that NOM is a "front' group" for "the Mormons"?
What evidence do you have that Catholic Bishops ignore and break campaign finance laws? Can you cite some legal decisions or is your above comment based solely upon your subjective opinion? If the above is your subjective opinion, they you may wish to indicate that rather than presenting your allegations as proven fact.
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BoyInBOYCOTT
02:26 PM on 01/17/2010
they are DEADLY serious allegations......buttercup

Since Hawaii Mormons have used FAKE front groups to do their dirty political cr*p.
Mormons also have statements on record that they don't want to be seen spearheading the anti-gay efforts,not that they aren't doing it, they just don't want to be SEEN DOING IT.
NOM refuses to release their donor's names, which is in VIOLATION of ME and CA campaign finance disclosure laws. AND NJ AND NY.
You can read the ME Attorney General demanding NOMs donor's list and the ME court case saying they have NO grounds to not disclose that.
" U. S. District Court in Maine DENIES NOM's Attempt To Hide Donors!!!"
http://www.pamshouseblend.com/diary/13804/u-s-district-court-in-maine-denies-noms-attempt-to-hide-donors

"NOM has expanded its lawsuit against Maine, now saying that not only should they not have to comply with financial disclosure laws regarding the source of funding for their ballot initiative campaigns, they should not have to disclose where they get the money they spend to support or oppose individual candidates."
http://joemygod.blogspot.com/2009/12/nom-expands-lawsuit-to-evade-maines.html
11:33 AM on 01/18/2010
That's all well and good, however, you still haven't provided a single shred of objetive evidence to prove your statement that NOM is a front group for the Mormons. Could it be that no such proof exists?

You have also failed to prodluce a single shred of objective evidence that Catholic Bishops are breaking campaign finance laws. Could it be that no such evidence exists for that allegation either?

If you are going to make serious allegations like this, it is wise to be prepared to back them up with facts, objective evidence of some sort.
09:31 AM on 01/17/2010
The SCOTUS acted cowardly as well.

i suppose they were too afraid of what the public might learn from the trial.
01:34 PM on 01/17/2010
The Untied States Supreme Court was not so cowardly that it was afraid to render a decision which it knew some would strenuously object to. It may be that sometimes it takes just as much courage to face the wrath of gay marriage activists as it does to face the wrath of any other group displeased with a decision.
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marignymitch
E pluribus unum percent
02:11 PM on 01/16/2010
Wait for it, folks. The Supremes have signaled they're merely warming up; next on the agenda is their aintigay decision.
12:13 PM on 01/16/2010
I would like to see all this nonsense cease about who can, and cannot, marry who, and who can, and cannot, serve in the military. I think there are more important issues than gays being 'allowed' to marry. If anyone is going to harp on the 'sanctity of marriage', then the effort needs to be undertaken to outlaw divorce, if they are REALLY serious about that, and which we all know will never happen. Gays marrying each other? Who cares? If someone really wanted to harbor ill will towards them, they'd be encouraging marriage just so a fair number of THEM can experience the 'joy' of a custody battle, or the 'bliss' of a dissolving marriage, etc..

As to the military, I think anyone who wants to step up and be part of the defense of this nation deserves our thanks and our best, not scorn. Given how hateful most Middle Eastern/Muslim/Arab societies are towards gays (it is a death sentence in many of them) I can't think of better 'payback' than learning that a gay soldier or Marine took part in greasing a bunch of terrorists if and when the opportunity presented itself. The thought of that is sweet!

To their deteriment, gays still have a self inflcted PR problem that will dog them unless and until they address it. Issues like aggressively targeting groups like the Boy Scouts have hurt them far more than helped them.
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10:15 AM on 01/16/2010
I believe the SCOTUS ruled arbitrarily in this case and I disagree with that on principle. I also disagree with the motives and legal manipulation exercised by the opponents of Prop 8 as well as their blatant outrageous bigotry and how they so cavalierly flaunt the ideals of equal rights, fair treatment and justice because it doesn't suit their ignorant belief system.

On the other hand the media has lost so much integrity and behaves so irresponsibly these days. Having this case not spill out onto cable to be twisted by, inappropriately or mistakenly commented on, or opined about by 'entertainers' to arouse their fan base for the sole purpose of increasing ratings, may be a silver lining.

If we still lived in an era where serious professional journalists, policy and issues experts were properly engaged and the MSM also could be trusted to act in a responsible, ethical and professional manner to treat both sides of the case objectively, I would more vociferously argue for live media coverage. Just my opinion at the moment.
11:49 PM on 01/16/2010
The US law only mandates open trials, NOT broadcast ones. It is up to the judge to decide what goes on in his court, NOT the public. If you are so concerned, you can read about it in the newspapers, and get a transcript.

The problem is NOT that one side wanted no public trial. It was because of the radical actions of pro-gay zealots who would attack those who testify. As a victim of such actions from the right wing, I can sympathize with such concerns. That is why the left has LONG agrued that our membership lists and contributors should remain confidential too.
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BoyInBOYCOTT
12:13 PM on 01/17/2010
Yes on Prop 8 THUGS sent blackmail letters to No on prop8 donors trying to extort $10,000.00
THAT'S a felony the four Yes supporters ADMITTED sending.
The felony could bring a 4 year sentance PER LETTER. Where are their trials?
oh yeah they didn't even get arrested, o6ne was a high ranking LDS lawyer

so don't pretend there wasn't crud coming from the anti gay folks, I saw signs repeatedly destroyed and a swastica painted on a driveway.
Paulo1
Thanks for reading, (even if you disagree)
09:53 AM on 01/16/2010
Of course they do not wish anyone to hear the trial. If you have been reading the liveblogging from the courtroom you can see that the Prop8 side has nothing other than their bigotry. They are reduced to arguing that nothing is "officially" Prop8 material, which is laughable, somehow they ran a whole campaign without saying anything?

Prop8 relied on bigotry and misinformation. They played to peoples fears and exploited children while doing so. In addition they were almost fully funded by religious organizations with vested interest in spreading doctrine. Of course they want none of this to come out. This was never a matter of 'faith' or tradition it was a matter of hate and they can't prove otherwise.
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talkstocoyotes
02:58 AM on 01/17/2010
Ain't that the truth! They're trotting out "research" that's 40 or 50 years old, citing "professionals" whose articles are printed in pay-to-publish venues and half the defense witnesses have backed out -- AFTER the SCOTUS decision. And so far the defense attorneys are as far over their heads as a toddler at the deep end.

Bigotry and misinformation is all these people have to offer; and there's not a dime's worth of difference between them and the anti-Semites and segregationists of the 20th century. As for homosexuality being a "lifestyle choice", religion is a choice, so let's call the religious fascists' bluff on that -- deep-six First Amendment protections for churches. And it's time to start taxing them, come to think of it. This country can no longer afford to have churches and clergy sucking on the government tit.
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04:02 PM on 01/15/2010
"Their refusal to allow the public to properly scrutinize their claims, and the motivation behind the sponsorship of Proposition 8, is the ultimate act of cowardice and the public should view it as just that."

I also suspect it is the ultimate act of bigotry: court justices protecting bigotry for bigotry's sake, at the expense of justice.
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mercury613
In the blue TV screen light
03:33 PM on 01/15/2010
"...roaches always scurry for the shadows"

You nailed THAT.
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mercury613
In the blue TV screen light
03:32 PM on 01/15/2010
"Having conducted what has been viewed by many as a smear campaign, based on the public dissemination of falsehoods, it is rather ironic that the same individuals who so vociferously supported this initiative in public prior to the election, now allege that they have a right of privacy which needs to be respected and that the court should decline to publicly broadcast the proceedings as had been planned."

Ironic, yes. Surprising, no. Cowardice is endemic to the religious right wing.
03:18 PM on 01/15/2010
When a case is in court, the decision should be reached by a judge (and jury if there is one) who listen to ALL the evidence, not just fragments the way I and most of the public might watch (and start "judging".) The record will be available to all who are seriously interested.
The more sensational a court case is, the less it should be publicly televised, in my book. For me, it's common sense, not "cowardice".
07:35 PM on 01/15/2010
You mean like all the court tv cases running on cable covering both sensitive criminal and civil topics in whole and in part. Give me a break. Why do all the prop 8 supporters say the most illogical things when trying to justify unfair and cowardly actions towards the Gay Community.

This decision to hide the Prop * trial from the Public signals the deep and irrational animosity of Gays deeply embedded into our justice system. A very sad decision in our Nation's History.
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ObamaSupporterPete
08:56 PM on 01/15/2010
Any case about constitutionality of anything should be televised. In this case, they should have to answer for the things they said and did that were untrue. Shielding them is not justice. If they are lying, there should be no protection. If you're going to do it, you should have to stand by it.
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xxpossum
leftist bushwacker
02:44 PM on 01/15/2010
of course, cowardice is the defining characteristic of these people- if you turn on the light roaches always scurry for the shadows