In re Marriage Cases
Supreme Court of California
Argued March 4, 2008 Decided May 15, 2008
Full case name: In re MARRIAGE CASES. [Six consolidated appeals.] Citations: 43 Cal.4th 757 (2008) [Cal.Rptr.3d 683, 183 P.3d 384 76] Prior history: Judgment for Plaintiffs' reversed, 143 Cal.App.4th 873 (2006) [49 Cal.Rptr.3d 675] Subsequent history: Rehearing and Stay of Remittitur Denied June 4, 2008
Holding
Sexual orientation is recognized as a suspect class for purposes of the Equal Protection Clause of the California Constitution. Offering a legal relationship called "marriage" to opposite-sex couples while consigning same-sex couples to "domestic partnerships" impinges upon the fundamental right to marry by denying such legal relationships equal dignity and respect. The distinction between marriage and domestic partnerships risks the right to privacy regarding sexual orientation for those in domestic partnerships. Both because a suspect class is targeted and because fundamental rights are impinged upon by the challenged provisions, the strict scrutiny standard of review applies, under which those provisions limiting marriage to opposite-sex couples must serve a compelling state interest and be necessary to serve such an interest. Neither being the case, laws limiting marriage to opposite-sex couples are unconstitutional.
Court membership
Chief Justice Ronald M. George
Associate Justices Joyce L. Kennard, Marvin R. Baxter, Kathryn M. Werdegar, Ming W. Chin, Carlos R. Moreno, Carol A. Corrigan
Case opinions
Majority by: George Joined by: Kennard, Werdegar, Moreno Concurrence by: Kennard Concurrence/dissent by: Baxter Joined by: Chin Concurrence/dissent by: Corrigan
Laws applied
Cal. Const. art. 1 §§ 1, 7, and Cal. Fam. Code §§ 300, 308.5

In re Marriage Cases (2008) 43 Cal.4th 757 [76 Cal.Rptr.3d 683, 183 P.3d 384], was a California Supreme Court case with the dual holding that "statutes that treat persons differently because of their sexual orientation should be subjected to strict scrutiny" and the existing "California legislative and initiative measures limiting marriage to opposite-sex couples violate the state constitutional rights of same-sex couples and may not be used to preclude same-sex couples from marrying."^[1] Currently, the California Family Code states: “Marriage is a personal relation arising out of a civil contract between a man and a woman.” ^[2]

On May 15, 2008, the court ruled in a 4–3 decision that laws directed at gays and lesbians are subject to strict judicial scrutiny and that marriage is a fundamental right under Article 1, Section 7 of the California Constitution, thereby holding unconstitutional the previously existing statutory ban on same-sex marriage embodied in two statutes, one enacted by the Legislature in 1977, and the other through the initiative process in 2000 (Proposition 22). The court's ruling also established that any law discriminating on the basis of sexual orientation is constitutionally suspect, making California the first state in the United States to set such a strict standard.^[3] On June 4, 2008, the court denied the request for rehearing by the same 4–3 majority while unanimously denying a petition for a stay, affirming that the decision would take effect as scheduled.^[4] The Writ of Mandate directing the State Registrar of Vital Statistics and all County Clerks to comply with the ruling was issued by the Superior Court on June 19, 2008.^[5]

On November 4, 2008, California voters approved Proposition 8, which limited marriage under the California Constitution to opposite-sex couples. This decision did not disturb that part of the court's holding that gay men and lesbians constitute a suspect class for purposes of equal protection under Art. I § 7.^[6]

The Supreme Court of California joined the Supreme Judicial Court of Massachusetts as the second state to have its highest court rule prohibitions on same-sex marriage unconstitutional, although for somewhat different reasons. Later in 2008, the Connecticut Supreme Court handed down a similar decision, as did the Iowa Supreme Court in April 2009 (see Varnum v. Brien). Critics contend that court rulings such as these that grant same-sex couples the right to marry overstep the constitutional authority of the judicial branch.^[7][8]

The judgment In re Marriage Cases was in part mooted by Strauss v. Horton, 46 Cal.4th 364 (2009).^[9]

Procedural history[link]

At the direction of Mayor Gavin Newsom, the Office of the County Clerk of San Francisco "designed revised forms for the marriage license application and for the license and certificate of marriage, and on February 12, 2004, the City and County of San Francisco began issuing marriage licenses to same-sex couples." On February 13, two organizations, the Proposition 22 Legal Defense and Education Fund, and the Campaign for California Families, filed actions in San Francisco Superior Court (the court of first instance) seeking an immediate stay to prohibit the City from issuing marriage licenses to same-sex couples.^[10]:12

The Superior court refused to grant the groups' request for an immediate stay, and the City and County continued to issue marriage licenses to same-sex couples. Following this, the California Attorney General and a number of taxpayers filed two separate petitions seeking to have the California Supreme Court issue an original writ of mandate, asserting that the City's actions were unlawful and warranted [the court's] immediate intervention." On March 11, 2004, the California Supreme Court ordered officials of San Francisco "to enforce the existing marriage statutes and to refrain from issuing marriage licenses not authorized by such provisions." The Court later held in Lockyer v. City and County of San Francisco that the City and County had acted unlawfully, but was free to bring an action challenging the constitutionality of the marriage laws if it wished.^[11] The City and County of San Francisco then filed a Petition for writ of mandate in Superior Court, seeking a declaration that "all California statutory provisions limiting marriage to unions between a man and a woman violate the California Constitution." All six actions were consolidated (coordinated) in a single proceeding called In re Marriage Cases.^[10]:14 LGBT rights groups, including the National Center for Lesbian Rights, were also among the plaintiffs.^[12]

San Francisco Superior Court Judge Richard A. Kramer held for the plaintiffs, finding that the marriage restriction was invalid under the strict scrutiny standard based on a suspect classification of gender. In October 2006, in a two-to-one decision, the First District of the Court of Appeal of California reversed the superior court's ruling on the substantive constitutional issue, disagreeing in a number of significant respects with the lower court's analysis of the equal protection issue."^[10]:16

The opinion, written by Chief Justice Ronald George, cited the court's 1948 decision in Perez v. Sharp that reversed the state's interracial marriages ban. The court found that "equal respect and dignity" of marriage is a "basic civil right" that cannot be withheld from same-sex couples, that sexual orientation is a protected class like race and gender, and that any classification or discrimination on the basis of sexual orientation is subject to strict scrutiny under the Equal Protection Clause of the California State Constitution.^[10] It was the first state high court in the country to do so.^[13] The Massachusetts Supreme Judicial Court, by contrast, did not find sexual orientation to be a protected class, and instead voided its gay-marriage ban on rational basis review.^[14]

After the announcement, the Advocates for Faith and Freedom and the Alliance Defense Fund, among others, stated they would ask for a stay of the ruling. Governor Arnold Schwarzenegger immediately issued a statement pledging to uphold the ruling, and repeated his pledge to oppose Proposition 8.^[15]

In a one-page Resolution, the California Supreme Court on June 4, 2008, denied all petitions for rehearing and to reconsider the May 15 ruling, as it removed the final obstacle to same-sex marriages starting on June 17.^[16] It further rejected moves to delay enforcement of the decision until after the November election, when voters would decide whether to reinstate a ban on same-sex nuptials. Chief Justice Ronald George and Justices Joyce Kennard, Kathryn Mickle Werdegar, and Carlos Moreno voted against reconsideration, while voting to reconsider the judgment were Justices Marvin Baxter, Ming Chin, and Carol Corrigan.^[17]

Quotations[link]

In the majority decision:

[U]nder this state's Constitution, the constitutionally based right to marry properly must be understood to encompass the core set of basic substantive legal rights and attributes traditionally associated with marriage that are so integral to an individual's liberty and personal autonomy that they may not be eliminated or abrogated by the Legislature or by the electorate through the statutory initiative process.^[10]:6

[S]trict scrutiny (...) is applicable here because (1) the statutes in question properly must be understood as classifying or discriminating on the basis of sexual orientation, a characteristic that we conclude represents — like gender, race, and religion — a constitutionally suspect basis upon which to impose differential treatment, and (2) the differential treatment at issue impinges upon a same-sex couple's fundamental interest in having their family relationship accorded the same respect and dignity enjoyed by an opposite-sex couple.^[10]:10

[T]he exclusion of same-sex couples from the designation of marriage clearly is not necessary in order to afford full protection to all of the rights and benefits that currently are enjoyed by married opposite-sex couples.^[10]:11

"[T]he right to marry is not properly viewed simply as a benefit or privilege that a government may establish or abolish as it sees fit, but rather that the right constitutes a basic civil or human right of all people."^[10]:63

In the concurrence and dissent of Justice Baxter:

Nothing in our Constitution, express or implicit, compels the majority's startling conclusion that the age-old understanding of marriage—an understanding recently confirmed by an initiative law—is no longer valid. California statutes already recognize same-sex unions and grant them all the substantive legal rights this state can bestow. If there is to be a further sea change in the social and legal understanding of marriage itself, that evolution should occur by similar democratic means. The majority forecloses this ordinary democratic process, and, in doing so, oversteps its authority.^[18]

[T]he majority's approach has removed the sensitive issues surrounding same-sex marriage from their proper forum—the arena of legislative resolution—and risks opening the door to similar treatment of other, less deserving, claims of a right to marry. By thus moving the policy debate from the legislative process to the court, the majority engages in faulty constitutional analysis and violates the separation of powers.^[19]

If such a profound change in this ancient social institution is to occur, the People and their representatives, who represent the public conscience, should have the right, and the responsibility, to control the pace of that change through the democratic process. Family Code sections 300 and 308.5 serve this salutary purpose. The majority's decision erroneously usurps it.^[20]

In the concurrence and dissent by Justice Corrigan:

The process of reform and familiarization should go forward in the legislative sphere and in society at large. We are in the midst of a major social change. Societies seldom make such changes smoothly. For some the process is frustratingly slow. For others it is jarringly fast. In a democracy, the people should be given a fair chance to set the pace of change without judicial interference. That is the way democracies work. Ideas are proposed, debated, tested. Often new ideas are initially resisted, only to be ultimately embraced. But when ideas are imposed, opposition hardens and progress may be hampered.^[21]

See also[link]

Law portal

• Same-sex marriage in California
• History of marriage in California
• Same-sex marriage in the United States
• California Proposition 22 (2000)
• California Proposition 8 (2008)
• Lawsuits to Overturn Proposition 8
• Strauss v. Horton, 46 Cal.4th 364 (2009)
• Family Law
• Constitutional Law

References[link]

External links[link]

• Text of the decision – final version as published in California Reports, courtesy of California Continuing Education of the Bar
• Audio recording of the case
• San Francisco Chronicle: State Supreme Court says same-sex couples have right to marry

Wikinews has related news: California Supreme Court strikes down ban on gay marriage

Sam Seder
Born	Samuel Lincoln Seder (1966-11-28) November 28, 1966 (age 45) New York City, New York, U.S.
Occupation	Actor, Comedian, Writer, Director, Producer
Years active	1995—present

Samuel Lincoln "Sam" Seder (born November 28, 1966) is a comedian, writer, actor, film director, television producer-director, and talk radio host. Seder was born in New York City, New York into a Jewish family, and raised in Worcester, Massachusetts.

His works include the film Who’s the Caboose (1997) as well as the television shows Beat Cops (2001) and Pilot Season (2004). He also appeared in Next Stop Wonderland (1998). Seder also made guest appearances on Spin City (1997), Sex and the City (2000) and America Undercover (2005).

Career[link]

In March 2004, Seder became co-host along with Janeane Garofalo on Air America Radio's The Majority Report. In July 2006 Garofalo departed the show, offering positive comments about working with Seder. Seder was later offered a new contract with Air America Radio, and his show moved from the 7-10PM (Eastern) spot to a 9AM-Noon spot, retitled The Sam Seder Show.

On September 1, 2004, Sam Seder was briefly detained by the United States Secret Service during his live, on-site coverage of the Republican National Convention at Madison Square Garden. Shortly after Zell Miller gave his speech, Seder began searching (with a sign in hand) on the convention floor for a willing homosexual Republican to interview live on radio. It was not long before he was physically removed from the floor and after brief questioning, was asked (or according to some, "strongly encouraged") to leave the convention. Seder later commented that his wearing of a lapel pin that he had been given by a Secret Service agent at the Democratic National Convention earlier that year had kept him from being ejected from the convention completely.

In the closing minutes of their Wednesday, March 9, 2005 show, Garofalo announced that Sam and his wife Nikki were expecting a daughter. This event in his life slightly colored and affected Seder's commentary. On more than one occasion he has voiced concerns about just how he was going to explain elements of this world to his daughter as she grows up, after witnessing actions by the Republican Party that Seder felt might adversely affect her future.

On August 9, 2005, Nikki Seder gave birth to a daughter, Myla Rae Seder.

On April 6, 2007, Air America Radio announced that the Sam Seder Show would end its run at the 9AM-Noon spot effective Friday, April 13, 2007, but that Seder would do a Sunday show, titled Seder on Sunday. The 9AM-Noon time slot was filled by Lionel, who hosted a late night radio show on the WOR Radio network.^[1] This change is part of what Air America President Mark Green called "Air America 2.0", his plan to transform Air America into a profitable leader in progressive talk radio.^[2] The final Seder on Sunday was broadcast on June 1, 2008.

Seder also occasionally would substitute for Randi Rhodes when Rhodes was on Air America (becoming the number one sub after KLSD morning host Stacy Taylor lost his job when the station changed its format), as well as Mike Malloy on The Mike Malloy Show on the Nova M Radio network. In 2008 he also began a collaboration with Marc Maron on Maron v. Seder, an hour-long video webcast. In January 2009, Maron v. Seder was renamed Breakroom Live with Maron & Seder.^[3] It aired live from the kitchen in the Air America offices weekdays at 3PM Eastern. Seder and Maron also hosted a post-show chat with viewers after each episode. Air America Media cancelled Breakroom Live with Maron & Seder on July 15, 2009.

In November 2009 Seder hosted a pilot for NBC of an American version of Have I Got News For You.^[4]

Seder was one of the first Air America personalities to make the official announcement that Rhodes had chosen to terminate her contract with the network^{[citation needed]}.

In November 2010, Seder began an independent online podcast, also called the Majority Report. The format closely matches the previous Air America program, with politically-oriented commentary by Seder and interviews with various guests. Seder plans to offer premium subscriptions to the podcasts, which allow subscribers access to expanded commentary not on the basic podcast, as well as DVDs of the 2004 TV series Pilot Season, produced and directed by Seder, starring Sarah Silverman and originally broadcast on the now-defunct Trio cable network. Seder has gained some popularity on the Majority Report for frequently taking instant messages from a conservative with a form of slight mental retardation who goes by the screen name "Primer."

In late 2010, Seder began occasionally serving as substitute host of Countdown with Keith Olbermann when Olbermann was on vacation. In December 2010, Seder also became co-host of the nationally syndicated progressive radio interview program Ring of Fire, co-hosted by Robert F. Kennedy, Jr. and Florida-based attorney Mike Papantonio.^[5]

Filmography[link]

Working list of appearances in television and film:

• All American Girl TV actor (1994)
• The Show TV actor (1996)
• The Big Fall actor (1996)
• Who's the Caboose? actor director writer producer (1997)
• Spin City TV actor (1997)
• Next Stop Wonderland actor (1998)
• Home Movies TV voiceover (1999)
• Sex and the City TV actor (2000)
• Happy Accidents actor (2000)
• Endsville actor (2000)
• Home Movies (TV series) Voice of Fenton Muley and other smaller roles (2001-2004)
• Beat Cops actor writer producer (2001)
• Saddle Rash TV voiceover (2002)
• I'm with Busey director (2003)
• Pilot Season TV actor director writer producer (2004)
• America Undercover TV actor (2005)
• Lucy, the Daughter of the Devil TV voiceover (2007)
• Assy McGee TV voiceover & writer (2008)
• Bob's Burgers TV voiceover (2011)

References[link]

Further reading[link]

• F.U.B.A.R.: America's Right-Wing Nightmare, co-authored with Stephen Sherrill, 2006, (ISBN 0-06-084671-2)
• Wait! Don't Move to Canada: A Stay-and-Fight Strategy to Win Back America by Bill Scher, foreword co-authored by Seder and Janeane Garofalo, 2006, (ISBN 1-59486-396-2)

External links[link]

• Sam Seder Show
• Majority Report Radio
• December 12, 2005 appearance on CNN to discuss the "War on the War on the War on Christmas" (Transcript) (Video).
• Sam Seder at the Internet Movie Database
• F.U.B.A.R.: America's Right-Wing Nightmare
• Seder at the RNC

Mary Lambert (born October 13, 1951) is an American film director. She has directed music videos, television episodes, and feature films, mainly in the horror genre.

Biography[link]

Early life[link]

Lambert was born in Helena, Arkansas, the daughter of Martha Kelly and Jordan Bennett Lambert III, a rice and cotton farmer.^[2] Her younger sister is Senator Blanche Lincoln of Arkansas.^[1] Lambert graduated from the Rhode Island School of Design with a B.F.A.

Career[link]

Music videos[link]

Lambert directed Chris Isaak's first music video "Dancin'" and Janet Jackson's "Nasty" and "Control" music videos. She also directed videos for Annie Lennox, Mick Jagger, The Go-Go's, Whitney Houston, Alison Krauss, Live, Mötley Crüe, Queensryche, Sting, Debbie Harry, Tom Tom Club and others. She directed many of Madonna's early videos including "Borderline", "Like a Virgin", "Material Girl", "La Isla Bonita", and "Like a Prayer".

Feature films[link]

In 1987 she released her debut feature, the stylish and controversial Siesta, starring Ellen Barkin and Jodie Foster. It was nominated for the IFP Spirit Award for best first feature. She is known to horror fans for directing the 1989 adaptation of Stephen King's novel Pet Sematary and its sequel, Pet Sematary II. More recently, Lambert directed the 2011 Syfy horror film Mega Python vs. Gatoroid.^[3]

Video game[link]

She directed the 1993 Digital Pictures FMV video game Double Switch.

Filmography[link]

Director

• Mega Python vs. Gatoroid (2011)
• The Attic (2008)
• 14 Women (2007, documentary)
• Urban Legends: Bloody Mary (2005)
• Halloweentown II: Kalabar's Revenge (2001)
• Strange Frequency (2001)
• The In Crowd (2000)
• Clubland (1999)
• Pet Sematary II (1992)
• Grand Isle (1991)
• Pet Sematary (1989)
• Siesta (1987)

As herself

• Pretty Bloody: The Women of Horror (2009, documentary)

References[link]

External links[link]

• Mary Lambert at the Internet Movie Database

Jimmy Evans is a pastor, Bible teacher, and best-selling author. He is the president and co-founder of MarriageToday with his wife Karen.

He and his wife, Karen, are the hosts of MarriageToday with Jimmy & Karen, a marriage ministry and a national award-winning broadcast television program. He has authored several books and resources focused on strengthening marriage and families.

He and Karen have been married for over 35 years and have two adult children and three grandchildren.

He has spoken at churches and conferences around the nation. He also serves as senior elder of Trinity Fellowship Church in Amarillo, Texas.

Bibliography[link]

Books[link]

• Marriage on the Rock
• The Keys to Sexual Fulfillment in Marriage
• Resolving Stress in Marriage
• Freedom From Your Past
• A Mind Set Free
• Fig Leaf Conspiracy
• 7 Secrets of Successful Families
• Our Secret Paradise
• The Mountaintop of Marriage

CDs and DVDs[link]

• Marriage on the Rock
• Return to Intimacy
• The Fig Leaf Conspiracy
• Our Secret Paradise
• Every Great Marriage
• The Indestructible Marriage
• Sex, Love & Communication
• Emotionally Healthy Marriage
• You, Me & Money

See also[link]

Megachurch

External links[link]

• Marriage Today
• Trinity Fellowship Church

This article relies on references to primary sources or sources affiliated with the subject, rather than references from independent authors and third-party publications. Please add citations from reliable sources. (April 2007)

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Martina Cole (born Eilidh Martina Cole, in March 1959) is a British crime writer, businesswoman^[3] and occasional television presenter^[4]. She was brought up in Aveley, and as of 2009^[update] has released seventeen novels about crime some of which examine London's gangster underworld. Four of her novels, Dangerous Lady, The Jump, The Take and The Runaway have been adapted into high-rating television dramas. She has achieved sales of over ten million in the UK alone, and her tenth novel, The Know, spent seven weeks on The Sunday Times's hardback bestsellers list.

Personal life[link]

Cole was born in Essex in 1959 to Irish Catholic parents. Her mother was from Glasnevin, County Dublin and her father was from Cork City. Her cousin is Cork politician Denis Cregan. She left her convent school at 15 and had her first child, Christopher, at the age of 19.^[5]

Career[link]

Martina Cole began writing at the age of 20. She wrote a story and called it Dangerous Lady, however, put it in a cupboard in her kitchen. Cole discovered the book a couple of years later while cleaning out her cupboards, and read through it. She commented that she thought into herself "This isn't bad". She phoned Devon Anderson, a book agent, and sent him the story. A couple of days later, he phoned Cole's home and told her that her writing is "extremely rare in woman" and he felt that she'd be a star. He published Dangerous Lady and within one month it appeared on the Daily Mail Bestseller list in the United Kingdom.

Most of her novels feature a female protagonist or antihero, and some take place within the Irish community in and around London.

The Take was serialised on British television on Sky1, on 17 June 2009 - starring Tom Hardy as Freddie. In 2008 she authored a drama documentary series on ITV called Martina Cole's Lady Killers, which broke audience records for ITV3 and transferred to ITV1 in 2009. In 2009 she established her own production entity, "2Queens TV" to explore new avenues in broadcasting for her and her interests.

In 2009 an investigative documentary, Martina Cole Girl Gangs: Los Angeles was filmed. This focused on the role of girls in these gangs, which have been responsible for drug dealing and auto theft, to robbery and murder.^[6]

In 2010 the novel Two Women was adapted for the stage. This is the first time one of Martina Cole's novels has been adapted for the theatre. The play opened in February at the Theatre Royal Stratford East.

In 2011, the brand new series, The Runaway, was shown on Sky1 and Sky1 HD. It began on Thursday 31 March. It is based on her 1997 novel of the same name.

Cole's new novel, The Faithless, was released on 20 October 2011 and it has already appeared on the Sunday Times Bestseller list.

In December 2011, readers using madaboutbooks.co.uk voted their favourite Martina Cole book. The Take won by 780 votes and was put at the top of the list of Martina Cole novels. Goodnight Lady came second, followed in third by Maura's Game.

Books[link]

• Dangerous Lady (1992)
• The Ladykiller (1993)
• Goodnight Lady (1994)
• The Jump (1995)
• The Runaway (1997)
• Two Women (1999)
• Broken (2000)
• Faceless (2001)
• Maura's Game (2002)
• The Know (2003)
• The Graft (2004)
• The Take (2005)
• Close (2006)
• Faces (2007)
• The Business (2008)
• Hard Girls (2009)
• The Family (2010)
• The Faithless (2011)

Videograph[link]

• Martina Cole's Double Bill: The Jump & Dangerous Lady (2006)
• The Take (2009)
• The Runaway (2011)

References[link]

External links[link]

• Official Martina Cole website
• The Take at sky.com
• The Runaway at Sky.com

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