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Another round for Prop 8 in Calif. state court?

Anti-gay groups call for additional input, but legal experts say it’s unlikely

Published

13 years ago

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Supreme Court, gay news, Washington Blade

Prop 8 proponents say the Supreme Court may want to send the case back to state court. (Washington Blade file photo by Michael Key)

Anti-gay groups arguing in favor of California’s Proposition 8 are advising the U.S. Supreme Court to send the lawsuit back to state court yet again before deciding to rule on the case based on standing — although legal experts dismiss such a request as a desperate plea.

As noted in SCOTUSblog, the request to send the case back to the California State Court is found in the reply brief that anti-gay groups, such as ProtectMarriage.com, filed on Tuesday. The request is virtually hidden within the brief; it’s found on the footnote on page 6.

The California Supreme Court has already certified in November 2011 that anti-gay groups have standing to defend Prop 8 in court. After being posed the question by the U.S. Ninth Circuit Court of Appeals, the state court determined anti-gay groups had standing to defend the ballot initiative in the wake of the decision from California officials — Gov. Jerry Brown and Attorney General Kamala Harris — to decline to defend Prop 8 in court.

But in the reply brief this week, proponents of Prop 8 assert that neither the California Supreme Court nor the Ninth Circuit addressed the issue of whether anti-gay groups have suffered “personal injury” — a quality that is used to determine standing — and suggest justices may want to return the case to state court to address the issue.

“Accordingly, it may be appropriate again to certify this question to the California Supreme Court if this Court concludes that Petitioners, despite their established authority to represent the State’s interest, must also demonstrate personal injury to satisfy Article III,” the footnote states.

The standing issue in Prop 8 is important because if the Supreme Court determines anti-gay groups don’t have standing, U.S. District Judge Vaughn Walker’s decision striking down Prop 8 would stand, allowing same-sex couples to marry in California. Because the Supreme Court has a history of limiting standing, there’s a good chance the court could rule on Prop 8 in this manner.

Doug NeJaime, who’s gay and a law professor at Loyola Law School, said a decision to send the case back to the state court would accomplish two things: delay proceedings in the case and reconfigure the standing issue in favor of proponents of the same-sex marriage ban.

“This is both an attempt to extend the time at which same-sex couples may marry in California (i.e., send it back for more litigation, rather than allow couples to marry) and a reasonable way to argue that the standing question isn’t completely resolved (and would ultimately favor standing),” NeJaime said.

But legal experts who spoke with the Blade said they don’t expect the Supreme Court to send the case back to the state court because the “personal injury” issue is now a matter of federal law, not state law.

Suzanne Goldberg, co-director of Columbia University’s Center for Gender and Sexuality Law, was among those saying it’s “extremely unlikely” the Supreme Court would once again send the Prop 8 case back to the California State Court.

“If the Supreme Court decides to address that question, it is perfectly capable of evaluating the sponsor’s injury on its own,” Goldberg said. “The court regularly makes assessments of whether litigants have a sufficient injury to proceed with a case in a federal court. This is not a question that the California Supreme Court would have to resolve.”

Goldberg added state courts have an approach to assessing standing that’s different from federal courts, so the Prop 8 lawsuit is “particularly a question where the state court determination would not carry over to the federal court.”

“That footnote seemed to me to be a desperate plea recognizing their standing argument is quite weak,” Goldberg said.

Chris Stoll, a senior staff attorney for the National Center for Lesbian Rights, was similarly dismissive about the notion of sending the Prop 8 case back to state court.

“I see that footnote as a sign the proponents of Prop 8 are very worried that the Supreme Court will decide they did not have standing to appeal and that Judge Walker’s decision striking down Prop 8 will stand,” Stoll said. “They appear desperate to find a way to avoid that result.”

Stoll said the California Supreme Court already delivered a “detailed opinion” on standing and justices are unlikely to seek additional input from the state court.

“Standing is ultimately an issue of federal law, and I believe the U.S. Supreme Court will decide that it has enough information from the state courts to resolve that federal issue now,” Stoll said.

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National

Lou Chibbaro Jr. documentary wins award from NLGJA

‘Lou’s Legacy’ produced by D.C.’s Mattachine Society

Published

2 days ago

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September 2, 2026

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“Lou’s Legacy: a Reporter’s Life at the Washington Blade,” a documentary produced by The Mattachine Society of Washington, D.C., will receive an Excellence in Journalism Award from NLGJA, the Association of LGBTQ+ Journalists. 

The film premiered on WETA PBS in D.C. and Maryland Public Television (MPT) in June of 2025. The documentary’s Emmy-nominated director and producer Patrick Sammon will accept the award for Excellence in Local Television on Sept. 11 at NLGJA’s National Convention in San Francisco. 

“Lou’s Legacy” was produced in association with the Mattachine Society of Washington, D.C., a non-profit LGBTQ history society dedicated to conducting original archival research. Aside from Sammon, the NLGJA is recognizing other members of the film’s production team including Producer Julianne Donofrio, Editor Amir Jaffer, Executive Producer Charles Francis, and Executive Producer Pate Felts.  

“Lou’s Legacy” tells the story of two D.C. icons — legendary Washington Blade reporter Lou Chibbaro Jr. and beloved drag performer Donnell Robinson, known to generations of Washington audiences as “Ella Fitzgerald.” Through Lou’s nearly five-decade career at the Blade and Ella’s return to the stage after a three-year hiatus following COVID, the 29-minute documentary explores the history of Washington’s LGBTQ community and today’s rising backlash against LGBTQ rights, including laws targeting drag performers. 

“All students of journalism can learn a lot from the story of Lou Chibbaro, Jr. Lou has chronicled nearly five decades of LGBTQ+ life and the community’s struggle for equality in Washington, D.C. Lou’s work and the role of the queer press has been essential in covering stories the mainstream media would often ignore or erase,” said Ryan Levi, president of the D.C. chapter of the NLGJA.  

“We are thrilled to receive this award from the NLGJA,” said the film’s director Patrick Sammon. “Lou Chibbaro’s nearly five decade career at the Washington Blade demonstrates the essential role LGBTQ journalism plays in telling our community’s stories and documenting its history. This recognition from journalists who follow in Lou’s footsteps is particularly meaningful to me and the rest of our production team.”

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Arizona

Shooting outside gay bar in Ariz. leaves three dead

Tucson police investigating double murder-suicide as a hate crime

Published

3 days ago

on

September 1, 2026

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The shooting happened outside Venture-N bar in Tucson, Ariz. (Washington Blade photo by Michael K. Lavers)

Three people were fatally shot outside a gay bar in Tucson, Ariz., early Monday morning, about a mile from the city’s nightlife district.

Police have said the shooting, which took place in the parking lot of Venture-N bar at 1239 N. 6th Ave., was likely a hate crime and a double murder-suicide following a verbal altercation.

The suspect, Ousman Ceesay, allegedly shot Vincent Anthony Siqueiros and Cameron Davis Capara while they were outside the club around 12:30 a.m. Monday.

Reports show Capara and Siqueiros were pronounced dead at the scene. Ceesay died after being taken to a local hospital with gunshot wounds.

Police have also said that Ceesay was carrying a list of LGBTQ businesses at the time of the shooting.

Arizona Public Media has said police are investigating the case as a hate crime because the suspect was carrying a note containing the names of multiple LGBTQ-associated businesses.

“I am deeply saddened that another senseless loss of life has happened in our community,” Tucson Police Chief Monica Prieto said in a statement. “Bias-based crimes are especially heinous and have no place in our community.”

According to Prieto, there is no imminent threat to the community, and the Tucson Police Department is working to provide extra protection to various LGBTQ businesses across town.

Congresswoman Adelita Grijalva, who represents the area, issued a statement condemning the act of violence, which appears to have been at least in part motivated by homophobia.

“I am disgusted and deeply saddened to learn of a targeted act of hate and the cold-blooded murder of two members of our LGBTQIA+ community, Vincent Siqueiros and Cameron Capara, at the Venture-N bar in Tucson last night. This horrific attack is a painful reminder that even in welcoming communities like Tucson, hate and violence against the LGBTQIA+ community still exist.”

“When that hate is combined with easy access to firearms, the consequences can be deadly. I am sick and tired of Congress refusing to lift a finger to protect our communities while, every day, dozens of people are shot and killed across the country. It does not have to be this way. The House of Representatives is returning to session this week, and our first action should be passing common-sense gun safety reforms that we know can save lives.”

Other federal lawmakers also condemned the shooting.

The Congressional Equality Caucus, which is made up of federal legislators advancing LGBTQ interests, issued a statement after news broke.

“Our hearts are with the friends and loved ones of the victims of this devastating attack outside a Tucson gay bar and with the Tucson LGBTQI+ community,” it said on X. “No one should fear violence because of who they are — and we’re going to continue fighting to build a world where no one does.”

The Human Rights Campaign, the largest LGBTQ organization in the country, released a statement following the shooting.

“We are heartbroken by the loss of Vincent Anthony Siqueiros and Cameron Davis Capara and our hearts are with their families, loved ones, and the entire Tucson LGBTQ+ community. Once again, we are reminded that gun violence robs people of their lives, destroys families, and devastates communities.”

A candlelight vigil honoring the victims is planned for Sept. 2 at 6:30 p.m. at Catalina Park in North Tucson.

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Congress

HRC president campaigns for Chris Pappas in NH

Gay congressman running to succeed retiring U.S. Sen. Jeanne Shaheen

Published

3 days ago

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August 31, 2026

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Human Rights Campaign President Kelley Robinson, left, campaigns with U.S. Rep. Chris Pappas (D-N.H.) in Manchester, N.H., on Aug. 30, 2026. (Photo courtesy of the Human Rights Campaign)

Human Rights Campaign President Kelley Robinson on Sunday campaigned for U.S. Rep. Chris Pappas (D-N.H.) in New Hampshire.

Robinson traveled to Manchester, the state’s largest city, nine days before the Sept. 8 primary that will determine who will vie for retiring U.S. Sen. Jeanne Shaheen (D-N.H.)’s seat.

Former U.S. Sen. John E. Sununu, who represented New Hampshire in the U.S. Senate from 2003-2009, will face off against former U.S. Sen. Scott Brown, who represented Massachusetts in the U.S. Senate from 2010-2013, in the Republican primary.

Karishma Manzur is among the Democrats challenging Pappas.

A poll the University of New Hampshire Survey Center released on Aug. 26 shows Sununu is ahead of Brown. The same survey shows Pappas ahead of Manzur and his other Democratic challengers.

The UNH Survey Center poll shows Sununu ahead of Pappas by a 45-43 percent margin if they were to face off in the general election. The margin of error is +/-2.1 percent.

Pappas would become the first openly gay man elected to the U.S. Senate if he were to win in November.

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