After rocketing to internet stardom thanks to his audition video for Oprah Winfrey’s Your OWN Show reality TV series — and unwittingly finding himself in the middle of a possible vote-rigging kerfuffle (see below) – the irrepressibly charming Zach Anner has taken his idea for “a travel show for people who never thought they could travel” to YouTube. Anner, who has cerebral palsy (which he calls “the sexiest of the palsies”), posted a series of videos about his current home town of Austin, Tex. back in June. But since he didn’t really need to travel all that far to shoot it, we’re counting the episode he posted Aug. 4 of his tour of Niagara Falls as the true series premiere of Zach in the Buff. And it is awesome.
I’m not sure what part I enjoyed the most: Anner marveling at Buffalo, N.Y.’s fine railings, his assertion that Niagara Falls itself is a conceptual art created in 1929 for the Guggenheim, or his determination to run over a seagull. But I do know for certain that I can’t wait to see the next episode.
As for Your OWN Show, on July 9 Anner was named one of eight Web finalists who nominally get to audition for 10 contestant slots on the reality competition series, which launches on Oprah’s OWN cable network in January, 2011 — but voting irregularities still seem to haunt this endeavor. Pay attention; this gets oddly complicated. The main page of the show’s website reports that Anner has 9.2 million votes and first place, while the page with the “official” count — i.e. the count that determines who will go on to compete for a slot on the actual TV show — gives Anner 3.5 million votes and seventh place, a drop of almost 6 million votes. Official first-place finisher Jacqueline Wattimo, meanwhile, has 2.3 million more votes than what’s listed for her on the main page.
When reached today for comment, OWN rep Beth Gebhard tells a that a third party (which she declined to reveal) reviewed the entire pool of votes, and discovered that some tabulated votes (like many of those for Anner) violated the contest rules and were discarded, while other votes that had been initially discarded (like many of those for Wattimo) were in fact valid and were added back to the official count. (The official rules of the contest state that “use of any computer auto-voting software or any other software or device intended to tamper with the proper functioning of the voting system and use of any other means to subvert the voting process is strictly prohibited and all such votes will be void.”) Gebhard stresses that while the top eight did change rank, they all remained in the top eight, and have been going through the standard audition process for the show. However, she also noted that only one finalist from the top five is guaranteed a contestant slot on the series. Get all that?
Regardless of whether Anner makes it on to Your OWN Show, after watching his tour of Niagara Falls, what do you make of his chances as a travel show host? Will you be eagerly clicking in to see his next episode?
Sunday, August 8, 2010
"Letters to the President of The United States of America" segment
Just an open letter to President Obama;
Dear President;
If you haven't noticed lately our Country is going the way of the Roman Empire. We are spread to thin, campaigning for democracy in countries that have had ethnic issues for centuries, and have a financial and economic crisis at home. Many of our population suffer from a feeling of entitlement and this in itself could be a bi-product of our having to much for so long. Our students rank lower than many other countries in education and our school systems are in complete disarray, our healthcare system is a joke and you've pumped money into a system that is on life support in a most erroneous way.
When we should be cutting waste and redundancy many still feel the need to keep up with the Jones? Who the hell cares about the Jones?!
Our nations electrical grid in holding on by a thread of band-aids and our nations borders are being breached at all ends. Innovation is no longer happening in the US but is happening in the nations that once looked to us as a leader of change.
When you took office you ran on the platform of "change that we could believe in" and yet very little has really changed. And that promised transparency you spoke about - can't say we've seen much of that either.
So since we're in such a crapper I thought I'd take a shot and helping you out with some suggestions;
1. Employment/Unemployment - Perhaps we could create jobs by creating a national task force that would create an UNIFIED WALL at our borders. Think the Chinese wall. This wall should be a military project and overseen by the Federal Government. Think Prison walls - they should be THICK, LARGE, REINFORCED, IMPENETRABLE and should be built in a way that one day others would look at it as one of this era's wonders. Now back to how this would create jobs. A) Each border state would receive funds to employ within it's states those who are currently unemployed (first) with skills necessary to complete the task. The employees must be US CITIZENS (first and at least 85%) with other jobs being allocated to a foreign labor force. B) Since it's a border issue we should station military patrols at each of the stations. Honestly, what is the world coming to when drug cartel's in Mexico place money on the head of a US Sheriff who is defending the borders of his/her town?!
Next, we should seek to revitalize our infrastructures. We should begin to incorporate green technologies at an accelerated rate. Solar and wind power should become first priorities in states such as FL, CA, TX, AZ allowing again for increased jobs NOW and for a decrease in utility costs in these and many other states in the years to come. Transportations systems and national grids should all be updates as we use a futuristic look at where we want to be 40 years down the line. We can only get there by making that "change" today.
Unemployment also needs to be overhauled. Might I suggest the following; When a person looses their job. For the first 8 weeks they will receive 100% of what their current salary is up to the max of $1,500 per week. For the next 6 weeks they would receive 80% and afterwards they would receive 30% of their salary for the balance of their benefits. Why? Because most people do not have a 8 months buffer cushion in the US to help them when faced with loss of a job. This way we help a person to manage their money and pay down debt while looking for a job. And their benefits should definitely be contingent on their actively looking for employment and they should have to provide a list of interviews and the like on a weekly basis. Companies should also receive incentives for hiring from the unemployed pool of workers. Unemployed workers should also not be allowed to just turn down jobs that have been offered because they do not "pay them what they are looking for." If an employer is offering a person a position at a rate that is the going rate for one with the experience and level required the one seeking the job should have to take what is being offered and come off the unemployment rolls.
2. Mortgages - Plain and simple - dictate that the banks adjust home values to their current levels for those who have purchased in good faith and whose paperwork show that they bought in good faith and could afford the home. By doing this you will show that as American's we can rise up and help those of "main street" in their time of need.
3. Wars - Just as you placed restrictions onto the Automobile makers who have taken government funds the Federal government should also have restrictions placed onto them. You are using our hard earned tax dollars to pay for the international wars currently in progress and like the automobile makers who had to decide which car lines to sell and/or scrap you need to decide which war to bring to an immediate end. Some suggestions that come to mind are; Iraq & Afghanistan just to name a few. Our immediate withdrawals from these conflicts will help us to shore up things at home and take care of our own national issues.
4. Education system - We need to scrap the "No Kid Left Behind" in favor of a system in which parents are held just as accountable as teachers for their children's education. Federal aid should go to schools that need immediate upgrade and schools that are beyond repair should be closed and/or fused into systems already working. We also need to expect more from our teachers and PAY them accordingly. It's insulting to see just what a teacher is paid in many areas of the US in comparison to other kinds of fields when these people are responsible for educating the nation. Incentives should be offered for people entering the field AND for those already in the system to update their skills. We also have to reign in those college educational costs. They are driving many young ones into debt.
5. Healthcare - You're going to need to revisit this because the latest polls show that 60% of American's do not like what was pushed through. Might I suggest first cutting out the redundancies in the system and streamlining systems that cause red tape. Just by this alone you will save millions of dollars a year. Get all hospitals and doctors offices onto ONE national platform for hospital records and the like which will again cut down on the duplication of processes. If a hospital can access a patients records through a unified system without paperwork being sent from one place to another we save HOURS, TIME, and MONEY. Once you cut that waste out and shored up the foundation you can then take a look at structuring the proper plans.
6. Unions - This is going to be a sticky point but UNIONS are BLEEDING the US dry. Many of our nations building projects are overpriced due to unions. I won't go into detail here but to cut to the chase unions must be wrangled in. The years of them sitting pretty are over. The salaries that some employees make for say just turning on a light and the OT that is paid to people who are on vacation are just some of the abuses of the system one that needs a dramatic overhaul. Perhaps a Federal system should be put into place to represent workers?
7. Immigration - We should respect the system that we have in place and begin to overhaul the system. ILLEGAL means just that and if a person is illegal and has a child in the US that child should NOT be a citizen. So, needless to say the 14th amendment needs to be reviewed and amended! The founding fathers DID NOT want for people that are illegal to benefit from entering our borders and dropping down a kid in order to stay. Persons who have overstayed their visa, green cards and the like are not IGNORANT of that fact and in doing so are committing a crime. Plain and simple they should be sent home right along with those who have come across the border illegally. If they have children who were born here those children should be sent with them and granted access only when they become of legal age to represent themselves. At that time they will be allowed back into the US as citizens but not before. Those who come here legally should also complete several courses in english as well.
Employers who hire illegal aliens should be fined and face criminal charges like anyone else who breaks federal laws.
8. Stimulus - You should have just given each American Citizen $75,000 as opposed to bailing out the banks. That would of boosted the economy immediately as people paid down debt, shopped, and invested. Call it "The Clean Slate Act", Yeah there would have been some who would have purchased nothing but lottery tickets with it but you could have stipulated that each person must sign up with an investment advisor before receiving the funds. This way an advisor would of had to sign off on the plan each person put together before the Federal Government releases the funds and bills that needed to be paid would have been applied first with the balances going to the person directly. So that's just a thought.
Well that is all I can think of today I'll had to this in future "Letters to the President" section.
Blog in if you have any further ideas.
Dear President;
If you haven't noticed lately our Country is going the way of the Roman Empire. We are spread to thin, campaigning for democracy in countries that have had ethnic issues for centuries, and have a financial and economic crisis at home. Many of our population suffer from a feeling of entitlement and this in itself could be a bi-product of our having to much for so long. Our students rank lower than many other countries in education and our school systems are in complete disarray, our healthcare system is a joke and you've pumped money into a system that is on life support in a most erroneous way.
When we should be cutting waste and redundancy many still feel the need to keep up with the Jones? Who the hell cares about the Jones?!
Our nations electrical grid in holding on by a thread of band-aids and our nations borders are being breached at all ends. Innovation is no longer happening in the US but is happening in the nations that once looked to us as a leader of change.
When you took office you ran on the platform of "change that we could believe in" and yet very little has really changed. And that promised transparency you spoke about - can't say we've seen much of that either.
So since we're in such a crapper I thought I'd take a shot and helping you out with some suggestions;
1. Employment/Unemployment - Perhaps we could create jobs by creating a national task force that would create an UNIFIED WALL at our borders. Think the Chinese wall. This wall should be a military project and overseen by the Federal Government. Think Prison walls - they should be THICK, LARGE, REINFORCED, IMPENETRABLE and should be built in a way that one day others would look at it as one of this era's wonders. Now back to how this would create jobs. A) Each border state would receive funds to employ within it's states those who are currently unemployed (first) with skills necessary to complete the task. The employees must be US CITIZENS (first and at least 85%) with other jobs being allocated to a foreign labor force. B) Since it's a border issue we should station military patrols at each of the stations. Honestly, what is the world coming to when drug cartel's in Mexico place money on the head of a US Sheriff who is defending the borders of his/her town?!
Next, we should seek to revitalize our infrastructures. We should begin to incorporate green technologies at an accelerated rate. Solar and wind power should become first priorities in states such as FL, CA, TX, AZ allowing again for increased jobs NOW and for a decrease in utility costs in these and many other states in the years to come. Transportations systems and national grids should all be updates as we use a futuristic look at where we want to be 40 years down the line. We can only get there by making that "change" today.
Unemployment also needs to be overhauled. Might I suggest the following; When a person looses their job. For the first 8 weeks they will receive 100% of what their current salary is up to the max of $1,500 per week. For the next 6 weeks they would receive 80% and afterwards they would receive 30% of their salary for the balance of their benefits. Why? Because most people do not have a 8 months buffer cushion in the US to help them when faced with loss of a job. This way we help a person to manage their money and pay down debt while looking for a job. And their benefits should definitely be contingent on their actively looking for employment and they should have to provide a list of interviews and the like on a weekly basis. Companies should also receive incentives for hiring from the unemployed pool of workers. Unemployed workers should also not be allowed to just turn down jobs that have been offered because they do not "pay them what they are looking for." If an employer is offering a person a position at a rate that is the going rate for one with the experience and level required the one seeking the job should have to take what is being offered and come off the unemployment rolls.
2. Mortgages - Plain and simple - dictate that the banks adjust home values to their current levels for those who have purchased in good faith and whose paperwork show that they bought in good faith and could afford the home. By doing this you will show that as American's we can rise up and help those of "main street" in their time of need.
3. Wars - Just as you placed restrictions onto the Automobile makers who have taken government funds the Federal government should also have restrictions placed onto them. You are using our hard earned tax dollars to pay for the international wars currently in progress and like the automobile makers who had to decide which car lines to sell and/or scrap you need to decide which war to bring to an immediate end. Some suggestions that come to mind are; Iraq & Afghanistan just to name a few. Our immediate withdrawals from these conflicts will help us to shore up things at home and take care of our own national issues.
4. Education system - We need to scrap the "No Kid Left Behind" in favor of a system in which parents are held just as accountable as teachers for their children's education. Federal aid should go to schools that need immediate upgrade and schools that are beyond repair should be closed and/or fused into systems already working. We also need to expect more from our teachers and PAY them accordingly. It's insulting to see just what a teacher is paid in many areas of the US in comparison to other kinds of fields when these people are responsible for educating the nation. Incentives should be offered for people entering the field AND for those already in the system to update their skills. We also have to reign in those college educational costs. They are driving many young ones into debt.
5. Healthcare - You're going to need to revisit this because the latest polls show that 60% of American's do not like what was pushed through. Might I suggest first cutting out the redundancies in the system and streamlining systems that cause red tape. Just by this alone you will save millions of dollars a year. Get all hospitals and doctors offices onto ONE national platform for hospital records and the like which will again cut down on the duplication of processes. If a hospital can access a patients records through a unified system without paperwork being sent from one place to another we save HOURS, TIME, and MONEY. Once you cut that waste out and shored up the foundation you can then take a look at structuring the proper plans.
6. Unions - This is going to be a sticky point but UNIONS are BLEEDING the US dry. Many of our nations building projects are overpriced due to unions. I won't go into detail here but to cut to the chase unions must be wrangled in. The years of them sitting pretty are over. The salaries that some employees make for say just turning on a light and the OT that is paid to people who are on vacation are just some of the abuses of the system one that needs a dramatic overhaul. Perhaps a Federal system should be put into place to represent workers?
7. Immigration - We should respect the system that we have in place and begin to overhaul the system. ILLEGAL means just that and if a person is illegal and has a child in the US that child should NOT be a citizen. So, needless to say the 14th amendment needs to be reviewed and amended! The founding fathers DID NOT want for people that are illegal to benefit from entering our borders and dropping down a kid in order to stay. Persons who have overstayed their visa, green cards and the like are not IGNORANT of that fact and in doing so are committing a crime. Plain and simple they should be sent home right along with those who have come across the border illegally. If they have children who were born here those children should be sent with them and granted access only when they become of legal age to represent themselves. At that time they will be allowed back into the US as citizens but not before. Those who come here legally should also complete several courses in english as well.
Employers who hire illegal aliens should be fined and face criminal charges like anyone else who breaks federal laws.
8. Stimulus - You should have just given each American Citizen $75,000 as opposed to bailing out the banks. That would of boosted the economy immediately as people paid down debt, shopped, and invested. Call it "The Clean Slate Act", Yeah there would have been some who would have purchased nothing but lottery tickets with it but you could have stipulated that each person must sign up with an investment advisor before receiving the funds. This way an advisor would of had to sign off on the plan each person put together before the Federal Government releases the funds and bills that needed to be paid would have been applied first with the balances going to the person directly. So that's just a thought.
Well that is all I can think of today I'll had to this in future "Letters to the President" section.
Blog in if you have any further ideas.
Friday, August 6, 2010
Man Convicted in Toyota Crash Freed!
Koua Fong Lee dreamed of life outside prison, of returning to the family he left when a jury didn't believe he tried to stop his Toyota from speeding up a highway ramp and a judge sentenced him to eight years for the ensuing crash that killed three people.
On Thursday, Lee fought back tears, suddenly a free man after the same judge ruled new evidence and a shoddy defense entitled him to a new trial. The county prosecutor agreed, and said she wouldn't bring charges again.
"It's not a dream. It's true," Lee said, as his wife, Panghoua Moua, buried her head in his shoulder. "When we are asleep in the cell, sometimes I dream and I wake up in the little room, still in the little room. But now my dream come true."
Lee, who immigrated to the U.S. from a Thai refugee camp in 2004, was driving a Toyota Camry when it plowed at high speed into the back of an Oldsmobile as Lee exited a St. Paul freeway ramp in 2006. He insisted during his trial that he did everything he could to stop the car but couldn't.
Jurors weren't convinced and Lee's own attorney suggested his client might have accidentally stepped on the accelerator.
But Lee sought a new trial this spring in the wake of Toyota's widely publicized problems with sudden acceleration in some newer models. Even though his 1996 Camry never had been recalled, Lee was granted a hearing.
Prosecutors opposed a new trial, arguing Lee hadn't offered conclusive new evidence in the case. But after the judge's ruling, County Attorney Susan Gaertner conceded Lee's team had shown his trial attorney was "ineffective."
"I think it's time to bring this very sad situation to a close," Gaertner said.
Lee and Moua have four children, ages 8, 5, 3 and 2, and Moua said her husband barely knows the youngest two because of his time in prison. Changing that was Lee's first intention, he said.
"It's a long time, very long time, and they don't know me. I want to know them, who I am, I am their daddy," he said.
During four days of testimony this week, Lee's attorneys didn't prove his car had a sudden acceleration problem. But they argued evidence backed up Lee's account he was trying to brake. They also argued his defense attorney did a poor job. And they called a parade of witnesses who testified they had sudden-acceleration experiences in Toyotas similar to Lee's.
Ramsey County District Judge Joanne Smith — who presided over Lee's original trial and had sentenced him to the maximum — said if that testimony from the other Toyota drivers had been introduced then, it would "more likely than not, or probably, or even almost certainly" have resulted in a different verdict for Lee.
Smith also said Lee's limited English was a factor in her conclusion, as well as the work of his defense attorney.
"There were multiple errors and omissions by his attorney that necessitate this result," Smith said.
Lee's release capped a dramatic day during which he earlier rejected prosecutors' offer to set him free and vacate his sentence. But that offer had included several conditions, including a stayed remainder of his sentence that meant he could face prison for a new violation in the future.
Javis Trice Adams, 33, and his 10-year-old son, Javis Adams Jr., died in the 2006 accident. Adams' 6-year-old niece, Devyn Bolton, was paralyzed from the neck down and died shortly after Lee was convicted. Two others were badly hurt.
Bridgette Trice, Devyn Bolton's mother, welcomed Thursday's ruling. The victim's families had supported Lee's effort for a new trial, but Trice was crying outside the courthouse as she spoke to reporters.
"I'm happy for him but I'm still sad for us, cause he's going back to his but ours are never coming back to us," Trice said.
Lee said he wanted the victims' families to know he didn't intend to cause the accident.
"I want them to know that I will pray for them and I also want to ask them to forgive me and to believe me," he said.
Social Security System Now in the Red
It was only a matter of time, but it's finally happened: The nation's Social Security system will pay out more than it takes in this year and next, as aging baby boomers begin entering retirement. The milestone marks the first time in nearly 30 years that the system is in the red, according to a report issued Thursday by federal officials overseeing the program.
The shortfall has been exacerbated by the recession and high employment, which have reduced payroll tax revenues. Long term, however, Social Security's finances stand to improve slightly, the trustees report said. A new tax on pricey health plans, part of recently passed health-care overhaul legislation that goes into effect in 2019, will result in more revenues.
Still, the plan's trust fund will be exhausted by 2037, the report said -- the same prediction it made last year. Treasury Secretary Timothy Geithner, a trustee, urged lawmakers to move quickly to resolve the problem. "Despite the projection that Social Security can continue to pay full benefits for nearly 30 years, the sooner action is taken, the more options for reform will be available, and the fairer reforms will be to our children and grandchildren," Geithner said in a statement.
Pay outs from Social Security last exceeded income from payroll taxes in 1983, after more than a decade of a running in the red, CNNMoney.com reports. In 1977, President Jimmy Carter signed legislation increasing the withholding rate from 2% to 6.15% -- about where it is today.
Social Security paid $675 billion in benefits to some 53 million beneficiaries last year, the reported noted.
The trustees report also showed the new health-care law, much of which begins taking effect in 2014, should boost the fiscal standing of Medicare, the federal health plan for seniors. The program will remain financially solvent for 12 years longer than projected a year ago -- until 2029 -- because of cost-cutting measures included in the health overhaul bill, signed into law last March by President Obama.
See full article from DailyFinance: http://www.dailyfinance.com/story/insurance/social-security-in-the-red-but-health-care-overhaul-may-boost-m/19582730/?ncid=webmail&icid=sphere_copyright
The shortfall has been exacerbated by the recession and high employment, which have reduced payroll tax revenues. Long term, however, Social Security's finances stand to improve slightly, the trustees report said. A new tax on pricey health plans, part of recently passed health-care overhaul legislation that goes into effect in 2019, will result in more revenues.
Still, the plan's trust fund will be exhausted by 2037, the report said -- the same prediction it made last year. Treasury Secretary Timothy Geithner, a trustee, urged lawmakers to move quickly to resolve the problem. "Despite the projection that Social Security can continue to pay full benefits for nearly 30 years, the sooner action is taken, the more options for reform will be available, and the fairer reforms will be to our children and grandchildren," Geithner said in a statement.
Pay outs from Social Security last exceeded income from payroll taxes in 1983, after more than a decade of a running in the red, CNNMoney.com reports. In 1977, President Jimmy Carter signed legislation increasing the withholding rate from 2% to 6.15% -- about where it is today.
Social Security paid $675 billion in benefits to some 53 million beneficiaries last year, the reported noted.
The trustees report also showed the new health-care law, much of which begins taking effect in 2014, should boost the fiscal standing of Medicare, the federal health plan for seniors. The program will remain financially solvent for 12 years longer than projected a year ago -- until 2029 -- because of cost-cutting measures included in the health overhaul bill, signed into law last March by President Obama.
See full article from DailyFinance: http://www.dailyfinance.com/story/insurance/social-security-in-the-red-but-health-care-overhaul-may-boost-m/19582730/?ncid=webmail&icid=sphere_copyright
Whoopi Goldberg responds to Michaele Salahi's allegations
Whoopi Goldberg responded forcefully to allegations levied by "Real Housewives of DC" star (and former alleged White House crasher) Michaele Salahi.
Whoopi showed another camera angle that showed that she did not hit Salahi, as she reportedly claimed, but rather nudged her on the side to remind her to get back on topic.
"Afterwards, Michaele was very upset about what was said about her on the air," Whoopi explained, "and then I was told that she thought I hit her. So I went up to her and I told her that she knew I didn't hit her."
Whoopi went on to defend her language, which is reported to include several F-bombs.
"And yeah, you know how I said it -- choice words," she said. "And I make no apology for my choice words. But then her husband got in my face, had his BlackBerry out and started taking pictures of me. And needless to say I really went off then. And there is even more choice words. They were so choice you could've cut 'em with a knife and eaten 'em."
Salahi's lawyer, Lisa Bloom, said Salahi found the appearance "degrading and demeaning."
Whoopi showed another camera angle that showed that she did not hit Salahi, as she reportedly claimed, but rather nudged her on the side to remind her to get back on topic.
"Afterwards, Michaele was very upset about what was said about her on the air," Whoopi explained, "and then I was told that she thought I hit her. So I went up to her and I told her that she knew I didn't hit her."
Whoopi went on to defend her language, which is reported to include several F-bombs.
"And yeah, you know how I said it -- choice words," she said. "And I make no apology for my choice words. But then her husband got in my face, had his BlackBerry out and started taking pictures of me. And needless to say I really went off then. And there is even more choice words. They were so choice you could've cut 'em with a knife and eaten 'em."
Salahi's lawyer, Lisa Bloom, said Salahi found the appearance "degrading and demeaning."
Proposition 8 Overturned: Gay Marriage Ban Ruled Unconstitutional
LISA LEFF AND PAUL ELIAS
A federal judge overturned California's gay-marriage ban Wednesday in a landmark case that could eventually force the U.S. Supreme Court to confront the question of whether same-sex couples have a constitutional right to wed.
The ruling by Chief U.S. District Judge Vaughn Walker touched off a celebration outside the courthouse. Gay couples waved rainbow and American flags and erupted with cheers in the city that has long been a haven for gays.
Shelly Bailes held a sign reading "Life Feels Different When You're Married" as she embraced her wife, Ellen Pontac. People in the Castro neighborhood toasted with champagne as word of the ruling spread.
In New York City, about 150 people gathered outside a lower Manhattan courthouse. They carried signs saying "Our Love Wins" as organizers read portions of the ruling.
Walker methodically rejected every argument posed by sponsors of the ban in response to a lawsuit filed by two gay couples who claimed Proposition 8, the voter-approved ban, violated their civil rights.
"Proposition 8 singles out gays and lesbians and legitimates their unequal treatment," the judge wrote in his 136-page opinion. "Proposition 8 perpetuates the stereotype that gays and lesbians are incapable of forming long-term loving relationships and that gays and lesbians are not good parents."
Standing in front of eight American flags at a news conference, the two couples behind the case beamed and choked up as they related their feelings of validation.
"Our courts are supposed to protect our Constitutional rights," lead plaintiff Kris Perry said as Sandy Stier, her partner of 10 years, stood at her side. "Today, they did."
Protect Marriage, the coalition of religious and conservative groups that sponsored the ban, said it would immediately appeal the ruling to the 9th U.S. Circuit Court of Appeals.
"In America, we should uphold and respect the right of people to make policy changes through the democratic process, especially changes that do nothing more than uphold the definition of marriage that has existed since the founding of this country and beyond," said Jim Campbell, a lawyer on the defense team.
Despite the favorable ruling for same-sex couples, gay marriage will not be allowed to resume immediately.
Judge Walker said he wants to decide whether his order should be suspended while the proponents of the ban pursue their appeal. He ordered both sides to submit written arguments by Friday on the issue.
The appeal would go first to the 9th Circuit then to the U.S. Supreme Court if the high court justices agree to review it.
California's electorate passed Proposition 8 with 52 percent of the vote in November 2008 after the most expensive political campaign on a social issue in U.S. history.
Supporters argued the ban was necessary to safeguard the traditional understanding of marriage and to encourage responsible childbearing.
Walker, however, found it violated the Constitution's due process and equal protection clauses while failing "to advance any rational basis in singling out gay men and lesbians for denial of a marriage license."
"Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples," the judge wrote.
He also said proponents offered little evidence that they were motivated by anything other than animus toward gays – beginning with their campaign to pass the ban, which included claims of wanting to protect children from learning about same-sex marriage in school.
"Proposition 8 played on the fear that exposure to homosexuality would turn children into homosexuals and that parents should dread having children who are not heterosexual," Walker wrote.
Walker heard 13 days of testimony and arguments since January during the first trial in federal court to examine if states can prohibit gays from getting married.
The plaintiffs presented 18 witnesses. Academic experts testified about topics ranging from the fitness of gay parents and religious views on homosexuality to the historical meaning of marriage and the political influence of the gay rights movement.
Former U.S. Solicitor General Theodore Olson teamed up with David Boies to argue the case, bringing together the two litigators best known for representing George W. Bush and Al Gore in the disputed 2000 election.
Defense lawyers called just two witnesses, claiming they did not need to present expert testimony because the U.S. Supreme Court had never specifically upheld the right to gay marriage.
The attorneys also said gay marriage was an experiment with unknown social consequences that should be left to voters to accept or reject.
Currently, same-sex couples can only legally wed in Massachusetts, Iowa, Connecticut, Vermont, New Hampshire and Washington, D.C.
The ruling puts Walker, a Republican, at the forefront of the gay marriage debate and marks the latest in a long line of high-profile legal decisions for the longtime federal judge.
He was appointed by Ronald Reagan, but his nomination was held up for two years in part because of opposition from gay rights activists. As a lawyer, he helped the U.S. Olympic Committee sue a gay ex-Olympian who had created an athletic competition called the Gay Olympics.
http://www.huffingtonpost.com/2010/08/04/proposition-8-overturned_n_670739.html
Associated Press Writer Jennifer Peltz in New York City contributed to this report.
A federal judge overturned California's gay-marriage ban Wednesday in a landmark case that could eventually force the U.S. Supreme Court to confront the question of whether same-sex couples have a constitutional right to wed.
The ruling by Chief U.S. District Judge Vaughn Walker touched off a celebration outside the courthouse. Gay couples waved rainbow and American flags and erupted with cheers in the city that has long been a haven for gays.
Shelly Bailes held a sign reading "Life Feels Different When You're Married" as she embraced her wife, Ellen Pontac. People in the Castro neighborhood toasted with champagne as word of the ruling spread.
In New York City, about 150 people gathered outside a lower Manhattan courthouse. They carried signs saying "Our Love Wins" as organizers read portions of the ruling.
Walker methodically rejected every argument posed by sponsors of the ban in response to a lawsuit filed by two gay couples who claimed Proposition 8, the voter-approved ban, violated their civil rights.
"Proposition 8 singles out gays and lesbians and legitimates their unequal treatment," the judge wrote in his 136-page opinion. "Proposition 8 perpetuates the stereotype that gays and lesbians are incapable of forming long-term loving relationships and that gays and lesbians are not good parents."
Standing in front of eight American flags at a news conference, the two couples behind the case beamed and choked up as they related their feelings of validation.
"Our courts are supposed to protect our Constitutional rights," lead plaintiff Kris Perry said as Sandy Stier, her partner of 10 years, stood at her side. "Today, they did."
Protect Marriage, the coalition of religious and conservative groups that sponsored the ban, said it would immediately appeal the ruling to the 9th U.S. Circuit Court of Appeals.
"In America, we should uphold and respect the right of people to make policy changes through the democratic process, especially changes that do nothing more than uphold the definition of marriage that has existed since the founding of this country and beyond," said Jim Campbell, a lawyer on the defense team.
Despite the favorable ruling for same-sex couples, gay marriage will not be allowed to resume immediately.
Judge Walker said he wants to decide whether his order should be suspended while the proponents of the ban pursue their appeal. He ordered both sides to submit written arguments by Friday on the issue.
The appeal would go first to the 9th Circuit then to the U.S. Supreme Court if the high court justices agree to review it.
California's electorate passed Proposition 8 with 52 percent of the vote in November 2008 after the most expensive political campaign on a social issue in U.S. history.
Supporters argued the ban was necessary to safeguard the traditional understanding of marriage and to encourage responsible childbearing.
Walker, however, found it violated the Constitution's due process and equal protection clauses while failing "to advance any rational basis in singling out gay men and lesbians for denial of a marriage license."
"Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples," the judge wrote.
He also said proponents offered little evidence that they were motivated by anything other than animus toward gays – beginning with their campaign to pass the ban, which included claims of wanting to protect children from learning about same-sex marriage in school.
"Proposition 8 played on the fear that exposure to homosexuality would turn children into homosexuals and that parents should dread having children who are not heterosexual," Walker wrote.
Walker heard 13 days of testimony and arguments since January during the first trial in federal court to examine if states can prohibit gays from getting married.
The plaintiffs presented 18 witnesses. Academic experts testified about topics ranging from the fitness of gay parents and religious views on homosexuality to the historical meaning of marriage and the political influence of the gay rights movement.
Former U.S. Solicitor General Theodore Olson teamed up with David Boies to argue the case, bringing together the two litigators best known for representing George W. Bush and Al Gore in the disputed 2000 election.
Defense lawyers called just two witnesses, claiming they did not need to present expert testimony because the U.S. Supreme Court had never specifically upheld the right to gay marriage.
The attorneys also said gay marriage was an experiment with unknown social consequences that should be left to voters to accept or reject.
Currently, same-sex couples can only legally wed in Massachusetts, Iowa, Connecticut, Vermont, New Hampshire and Washington, D.C.
The ruling puts Walker, a Republican, at the forefront of the gay marriage debate and marks the latest in a long line of high-profile legal decisions for the longtime federal judge.
He was appointed by Ronald Reagan, but his nomination was held up for two years in part because of opposition from gay rights activists. As a lawyer, he helped the U.S. Olympic Committee sue a gay ex-Olympian who had created an athletic competition called the Gay Olympics.
http://www.huffingtonpost.com/2010/08/04/proposition-8-overturned_n_670739.html
Associated Press Writer Jennifer Peltz in New York City contributed to this report.
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