proposition 8

Kink On Tap 53: How To Stay Safe When You See a Penis (GUN!)

by Viviane on 08/13/2024

in gay marriage, sex, sexuality

This is Kink On Tap episode 53, by maymay and Emma. Kink On Tap is licensed under a CC-BY-NC-ND 3.0 Unported License.

Permissions beyond the scope of this license may be available at KinkOnTap.com/about.

A U.S. federal court rules Proposition 8 is unconstitutional, which Arizona conservatives say “jeopardizes the democratic process,” so they’re really lucky gay couples will probably still opt to save their lives from burning buildings. Also, a high court in Mexico similarly upholds same-sex marriage, a 17 month old baby boy is punched to death for “acting like a girl,” an online survey shows even stereotyped beer-bellied men would take a male birth control pill, a CNN “investigative journalist” shows her panic-stricken bias over continued Craigslist sex trafficking scares, and Lisa Russ suggests sex education tips by taking a page from the National Rifle Association?

Last week was a big, big week in sexuality news and I was a guest, along with trans blogger and activist xMech on the Kink on Tap netcast, the smart netcast for the kinkily inclined, hosted by MayMay and Helio Girl.

If you enjoyed this podcast, support Kink On Tap by a donation or by leaving a positive review on iTunes.

A U.S. federal court rules Proposition 8 is unconstitutional, which Arizona conservatives say “jeopardizes the democratic process,” so they’re really lucky gay couples will probably still opt to save their lives from burning buildings. Also, a high court in Mexico similarly upholds same-sex marriage, a 17 month old baby boy is punched to death for “acting like a girl,” an online survey shows even stereotyped beer-bellied men would take a male birth control pill, a CNN “investigative journalist” shows her panic-stricken bias over continued Craigslist sex trafficking scares, and Lisa Russ suggests sex education tips by taking a page from the National Rifle Association?

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Proposition 8 Case Stay Order Denied (Perry et al v. Schwarzeneggar)

by Viviane on 08/12/2024

in gay marriage, legal

U.S. Distrist Court website, Perry et a. v. Schwarzenegger

#728 Final Stay Order:

PERMANENT INJUNCTION. This action having come before and tried by the court and the court considered the same pursuant to FRCP 52(a), on August 4, 2010, ordered entry of judgment in favor of plaintiffs and plaintiff-intervenors and against defendants and defendant-intervenors and each of them, Doc #708, now therefore: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: Defendants in their official capacities, and all persons under the control or supervision of defendants, are permanently enjoined from applying or enforcing Article I,  Sec 7.5 of the California Constitution.

…That judgment shall be STAYED until August 18, 2010 at 5 PM PDT at which time defendants and all persons under their control or supervision shall cease to apply or
enforce Proposition 8.

#716 Memorandum in Opposition re 705 MOTION to Stay Pending Appeal filed byEdmund G. Brown, Jr.
#717 Memorandum in Opposition re 705 MOTION to Stay Pending Appeal filed byMark B. Horton, Arnold Schwarzenegger
#718 Memorandum in Opposition re 705 MOTION to Stay Pending Appeal filed byCity and County of San Francisco, Paul T. Katami, Kristin M. Perry, Sandra B. Stier, Jeffrey J. Zarrillo

Perry et al. v. Schwarzenegger opinion (U.S. District Court of California, Northern District)

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Prop 8 – The Musical (video)

by Viviane on 12/03/2025

in gay, marriage

See more Jack Black videos at Funny or Die

“Gay marriages will save the economy!” A star studded cast…Margaret Cho, Neal Patrick Harris, Kathy Najimy, John Reilly, Jack Black, etc.  Written by Marc Shaiman (who scored Hairspray).  It also came about when Mr. Shaiman,  alerted his friends and colleagues that Scott Eckern, the musical director of Sacramento’s California Musical Theater, had donated money to a Yes-on-Prop 8 campaign. Shaiman told Eckern that he would no longer allow his musicals to be performed at the theatre. Eckern subsequently resigned.

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Revolution No. 8 (The Advocate)

by Viviane on 11/16/2025

in politics

By Faith Cheltenham

“Gays should protest black people! The new conflict is gays vs. blacks, and blacks vs. gays. And black gays vs. themselves. It’s gonna be great.” — Stephen Colbert

I’ve been waving a sign on street corners since H8 passed: “Black Queers.” Responses have varied — from honks of support to looks of disapproval from blacks and whites. A black woman came up to me at a rally and asked me if I didn’t think the sign was offensive to black people. She looked around as if there were a person in charge of things like this, someone who could head-nod in disagreement.

I said, “It’s who I am, and people should know,” flipping it over to reveal another slogan: “We Do Exist.” When I carry the sign in the middle of a crowd, it faces in and then out, equally interchanged — a message to my communities.

. . .

I need my LGBT community to support my efforts, while it understands at the same time that there are discriminations that only people of color face. Perhaps we’ve all spent too long creating separate “safe spaces.” We need to get uncomfortable in our skin so we can grow new ones fully free of internal bigotries. It’s been unfortunate to see “Gay Is the New Black” and similar signs springing up during rallies. Or hearing comments like “What is this? A Latino rally or gay rights? Why are they chanting in Spanish?”

The truth remains: People of color have fought for civil rights in the past and still fight. People of color have the most experience changing hearts and minds over generations, and the same must happen for the lesbian, gay, bisexual, and transgender community — so why not find the overlapping pieces as key to solving the puzzle?

Full story

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Unpacking the Challenges to Prop. 8 (WSJ Law Blog)

by Viviane on 11/10/2025

in sex

. . .While the wording is simple, the situation has quickly become complicated. One question: What happens to those same-sex couples who married prior to the ruling? Legal challenges filed on Wednesday raised other questions: Was the referendum process itself lawful? Does the new language conflict with other parts of the state constitution? Separately, should Prop. 8 opponents have filed challenges saying the proposition violated the U.S. Constitution?

To help sort through some of these questions, we chatted with David Cruz, a constitutional law expert at the University of Southern California.

Hi David. Thanks for taking the time. Frankly, we’ve been confused by much of what’s happened since Tuesday. For starters, could you help us understand the grounds upon which Proposition 8 is being challenged in court?

Sure. The three lawsuits [here, here and here] challenge the procedure by which the referendum was passed. Under California law, there are two categories of changes that can be made to the state constitution: amendments and revisions. Amendments are more minor changes; revisions are larger in effect. This is important because each has its own process for taking effect — essentially different ways they go before the voters. An amendment can go in the form of a ballot initiative, which requires a certain number of signatures to make its way on. Constitutional revisions, however, have to have a two-thirds blessing from each house of the state legislature to make the ballot.

Now, the problem, at least from the point of view of Prop. 8 supporters, is that the legislature had previously indicated a willingness to support same-sex marriage. So the proposition’s supporters were unwilling to treat this [change] as a revision and send it to the legislature, opting instead to treat it as an amendment. The Prop. 8 opponents are arguing that this change actually constitutes a revision, not an amendment, and therefore needed to go through the legislature.  (more. . .)

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