Guest blogged by Ernest A. Canning

Proponents of equality for all will have to wait a bit longer --- again --- before seeing marriage equality return to the Golden State.

A three judge panel of the U.S. 9th Circuit Court of Appeal has issued an order [PDF] granting a motion to stay the Aug. 4, 2010 decision by a U.S. District Judge which had found California's ban on same-sex marriage to be unconstitutional. Judge Vaughn Walker's ruling would have allowed marriage equality to resume as of Wednesday, but that is now on hold pending appeal by proponents of the constitutional amendment put into law by Proposition 8 in November of 2008.

The 9th Circuit panel, on its own motion, expedited both briefing and a hearing on the appeal, which will be scheduled for the week of December 6. The stay essentially means that California officials could not sanction new same-sex marriages until either a decision is rendered on the appeal or the panel lifts the stay.

Addendum In my haste to report on this breaking story, I neglected to include the following statement from the 9th Circuit decision...

The conservative victories in favor of the Constitution and equal rights for all continue, as the Reagan/Bush I-appointed U.S. District Court Judge Vaughn Walker has just ruled that same-sex marriages in California may resume once again as of 5pm PDT, August 18th.

Opponents of equality have until then to appeal the decision at the 9th Circuit Court of Appeals.

Walker's ruling today follows his recent ruling which found that the state's Prop 8 constitutional amendment banning such marriages is in violation of the U.S. Constitution's equal protection and due process clauses.

• The court's 11-page ruling, lifting his temporary stay, is now here [PDF].
• CNN coverage
• MSNBC coverage
• Fox "News" coverage (emphasizing possibility of appeal)

Seriously, what part of "conservative values" and the "U.S. Constitution" do Fox "News" "conservatives" not get?

As we've been pointing out for years, and as we re-iterated yet again on Wednesday when CA's Proposition 8 banning same-sex marriage was found to be unconstitutional by a Reagan/Bush I-appointed federal judge, the ruling was "Great news for real conservatives who believe in the U.S. Constitution and its guarantee of equal protection under the law!"

Poor Fox "News" viewers, however, have been so obscenely and opportunistically disinformed for so many years about what "conservatism" actually means (basically, they've been told by the Fox/GOP opportunists that Republicanism is the same thing as conservatism, when it's usually anything but, and foolish folks on the non-Right have continued that fiction by describing them as "conservatives"), that they've had a next-to-impossible time wrapping their grotesquely disinformed brains around what last Wednesday's extremely conservative ruling actually means.

The scam that has been played on wingnuts --- inaccurately and opportunistically conflating Republicanism with Conservatism --- has rarely been more clear than it was on Fox News Sunday today, when anchor Chris Wallace's "conservative" disinformation train ran smack-dab into the brick wall of conservative facts and reality offered by Theodore Olson, George W. Bush's former Solicitor General (he of the infamous Bush v. Gore), who happens to be the plaintiff's victorious lead attorney in the Prop 8 case.

So, we'll ask again: What part of "conservative values" and the "U.S. Constitution" do Fox "News" "conservatives" not get? As we've got many such disinformed phony "conservatives" trolling us here at The BRAD BLOG, we'll look eagerly forward, as always, to their amusing, self-defeating, non-conservative, anti-Constitutional comments in reply to this video [courtesy of RAW STORY]...

Great news for real conservatives who believe in the U.S. Constitution and its guarantee of equal protection under the law!

A U.S. District Court Judge, first nominated by Ronald Reagan and then appointed under George H.W. Bush, has struck down CA's Prop 8 which added an amendment to the state constitution banning same-sex marriage equality. The state's majority Republican-appointed Supreme Court had previously found no basis for banning same-sex marriage in the CA constitution. That finding was, in effect, overturned at the ballot box in November 2008 by Prop 8 which ended same-sex marriage in the state and left thousands of marriages in limbo until today's finding.

As New York Magazine was first to report...

TPMMuckraker's Rachel Slajda reports that "Supporters of Prop 8 (that is, opponents of gay marriage) have already promised to file an appeal," and she now offers more quotes from Judge Vaughn Walker's landmark decision.

• Here's a copy of the final ruling [PDF].

And just a reminder to those of you foes of equality and the Constitution: Remember, where same-sex marriage is found to be legal and Constitutional, it will still be voluntary. You will not be forced to marry someone of the same sex. Just in case that's been unclear up until now.

UPDATE: CNN reports that, in a separate ruling [PDF], Walker grants a stay to his finding, pending appeal by the opponents of equality. If appealed, as is almost certain, the case will go to the 9th Circuit Court of Appeals and then likely to the U.S. Supreme Court.

Marcy Wheeler of emptywheel tweets a very interesting point, worth remembering, in relation to the likely inevitable hearing before the U.S. Supremes...

Guest Blogged by Frank Schaeffer

It is my great honor to be part of a Tuesday, Feb 2 press conference to announce the formation of The American Prayer Hour. (Press released posted below.) Why am I doing this? Because the secretive group "The Family" and/or "C-Street" organizations of the far loony Right is the sponsor of the current annual Prayer Breakfast.

"The Family" are closely associated with the American and Ugandan evangelical "Christians" who have been trying to impose the death penalty on gay men and women.

This is my chance as a straight, fifty-seven year old practicing Christian, father of three and grandfather of three to step up and show my solidarity with my gay brothers and sisters. It's also a chance to try and begin to restore the reputation of Christianity that has for far too long been violated by the Religious Right.

And since in years past (in the 1970s and 80s) my family and I played such a leading role in the formation of the Religious Right this is the least I can do to try and correct the horrible hate and polarization we (my late father Francis Schaeffer and I) personally helped set in motion...

In the November 2008 election, the tabulation of votes for California's Proposition 8 --- the controversial ballot measure which resulted in the repeal of marriage equality by, for the first time, amending the state's constitution to deny the rights of Californians --- was "probably corrupted".

That's the finding of a newly released study issued by a coalition of election integrity organizations, as based on their analysis of an Election Verification Exit Poll conducted in Los Angeles on the day of the 2008 general election. "An investigation is warranted," the study concludes, into the evidence which suggests a likelihood that either "fraud or gross errors" occurred in the tabulation of that specific ballot measure.

The complete 49-page study has now been released on a new website, WasProp8Straight.org.

The poll was conducted on Election Day by Election Defense Alliance, Protect California Ballots, and ElectionIntegrity.org and was designed and researched with the help of at least one well known exit pollster, Ken Warren of St. Louis University's The Warren Poll, for the express purpose of measuring the accuracy of the reported vote count. It functioned beautifully in general, by confirming the results of most of the issues and races on the ballot. On Proposition 4, for example, which concerned a similar hot-button issue --- parental notification for abortion --- polling results and official election results matched within 2%, well within the expected margin of error.

However, for Proposition 8 only, the official results varied from the Election Verification Exit Poll by an average of 7.75% in the 19 precincts polled. In some cases, the discrepancy was as high as 17.7%. That is, of course, far outside of the margin of expected error and certainly worthy of further investigation by officials.

The creators of the poll, along with the analysts of the results and the authors of the study, seem to have gone out of their way to preempt the usual reasons for questioning and/or dismissing the methodology and findings of such polls. For example, as noted in the group's press release [emphasis added]...

This just in. More Republican traditional family values...

Remember, we must protect traditional marriage at all costs! Even for attempted Republican murderers and the recently twice-divorced Karl Rove, to whom we must give credit for at least having had the decency of not trying to murder either of his former wives (that we know of).

Furthermore, we hope they don't try to disbar Farren over this policy difference between him and his wife. Politicizing his belief that she should no longer be alive would just be wrong, set a very bad precedent for future administration attorneys, and put our nation at even greater danger from terrorism.

In case you missed this bit of shame and unsurprising-by-now hypocrisy buried in between the holiday news holes...

Glenn Greenwald has more...

[Hat-tip longtime BRAD BLOG toon sherpa Pokey Anderson.]

Guest blogged by Frank Schaeffer

Woe to you American Christians! You say I'm the "son of God" and yet you bully the defenseless in my name.

Do you understand the parable of the Good Samaritan?

Let me refresh your memory...

Guest Blogged by Frank Schaeffer

I grew up in a fundamentalist missionary family that in the 1970s and 80s morphed into my father's activity as one of the founders of the Religious Right. We would hobnob with Republican leaders from Ronald Reagan to Gerald Ford and the Bush family, Jack Kemp and many others. One day it dawned on me that the far right of the Republican Party --- in other words its base --- actually hates America.

The Religious Right reveled in rising crime statistics, "family breakdown" statistics, failing public schools and so forth. As I explain in my book Patience with God: Faith for People Who Don't Like Religion (or Atheism), if crime started going down, or public school test results started going up --- without the country "turning back to Jesus" --- then that would prove that somehow "we" were wrong.

We wanted our country to fail because it had "turned away" from what we believed to be true.

Combined with the fact that we began to lose parts of the culture war, when it came to other Americans beginning to recognize gay rights, expanding women's rights, abortion rights and such, the Religious Right and the Republican Party infected gun-toting America with a chip on its shoulder about a mile wide. This led to the myth that "they" (fill in the blank, gays, Jews, blacks, liberals --- whatever) are "taking away our country from 'us'"...

How queer. With 75,000 protesters --- about the same number that turned out for the "gigantic" Teabagger rally on 9/12 in D.C. --- turning out last Sunday in D.C. to rally for equal protection under the law for all Americans (yes, even gay ones), Fox "News," and all the others, seem to have forgotten to send out anybody to cover it.

No outrage from you teabaggers about that? Glenn Beck? Really? Nothing? Hmm. Video courtesy of RAW STORY...

Given that Obama ran on ending "Don't Ask Don't Tell" and repealing the "Defense of Marriage Act," those who believe in equal justice under the law --- as per the Constitution --- are justifiably none too happy about the fact that he hasn't gotten around to doing either yet.

He did give a rousing speech to the Human Rights Campaign over the weekend, however, re-promising to do all of the above, even if he failed to give a timetable for either of them.

Both DADT and DOMA are federal law, so he can't just change them unitarily over night....

Waytago, New Hampshire! We've now got six states in the union who respect the conservative principle of Equal Protection for all as written into our U.S. Constitution. At least in the case of marriage (we'll talk about that whole election mess at another time). The rest of you 44 America-hating states comin' aboard soon?

BTW, for those of you making summer travel plans this year, might I recommend spending some money in New Hampshire, Vermont, Connecticut, Massachusetts, Maine or Iowa? I understand they're all lovely this time of year!

Embarassing news, just in from the CA Supreme Court...

Supporters of equal rights for all are expected to push for yet another (and hopefully clearer!) ballot initiative to overturn the discriminatory Prop 8 in the near future.

Yet another state backs the conservative, Constitutional principle of equal protection under the law for all, as Maine's Gov. John Baldacci signs the legislature's newly approved bill, allowing for marriage equality in the state.

Said Baldacci upon signing:

Maine's recognition of equal justice for all, follows Vermont whose legislature last month over-rode a gubernatorial veto to pass a marriage equality law. Prior to that, same sex marriages were recognized as Constitutionally protected by Supreme Courts in Iowa, Massachusetts, Connecticut and California. In all of the state Supreme Court decisions, it was a Republican-appointee who wrote the majority opinion.

California's court finding has since been overturned by Prop 8, the constitutionality of which is currently being challenged. For the moment then, five states in the union now protect the right of same sex couples to enjoy the same rights that couples of opposite sexes enjoy.