OK

This is only a Preview!

You must Publish this diary to make this visible to the public,
or click 'Edit Diary' to make further changes first.

Posting a Diary Entry

Daily Kos welcomes blog articles from readers, known as diaries. The Intro section to a diary should be about three paragraphs long, and is required. The body section is optional, as is the poll, which can have 1 to 15 choices. Descriptive tags are also required to help others find your diary by subject; please don't use "cute" tags.

When you're ready, scroll down below the tags and click Save & Preview. You can edit your diary after it's published by clicking Edit Diary. Polls cannot be edited once they are published.

If this is your first time creating a Diary since the Ajax upgrade, before you enter any text below, please press Ctrl-F5 and then hold down the Shift Key and press your browser's Reload button to refresh its cache with the new script files.

ATTENTION: READ THE RULES.

  1. One diary daily maximum.
  2. Substantive diaries only. If you don't have at least three solid, original paragraphs, you should probably post a comment in an Open Thread.
  3. No repetitive diaries. Take a moment to ensure your topic hasn't been blogged (you can search for Stories and Diaries that already cover this topic), though fresh original analysis is always welcome.
  4. Use the "Body" textbox if your diary entry is longer than three paragraphs.
  5. Any images in your posts must be hosted by an approved image hosting service (one of: imageshack.us, photobucket.com, flickr.com, smugmug.com, allyoucanupload.com, picturetrail.com, mac.com, webshots.com, editgrid.com).
  6. Copying and pasting entire copyrighted works is prohibited. If you do quote something, keep it brief, always provide a link to the original source, and use the <blockquote> tags to clearly identify the quoted material. Violating this rule is grounds for immediate banning.
  7. Be civil. Do not "call out" other users by name in diary titles. Do not use profanity in diary titles. Don't write diaries whose main purpose is to deliberately inflame.
For the complete list of DailyKos diary guidelines, please click here.

Please begin with an informative title:

Zounds. The New York Times has just reported (circa 8:00 PM Monday evening) that

Dozens of prominent Republicans - including top advisers to former President George W. Bush, four former governors and two members of Congress - have signed a legal brief arguing that gay people have a constitutional right to marry, a position that amounts to a direct challenge to Speaker John A. Boehner and reflects the civil war in the party since the November election.
This brief is an amicus brief (a "friend of the court" brief) in the case of Hollingsworth v. Perry, formerly Perry v. Schwarzenegger and later Perry v. Brown, otherwise and commonly known as "The Prop 8 Case." It is challenging the consitutionality of Proposition 8, which defines marriage as solely between a man and a woman and embeds it in the California Constitution.

The total as of Monday evening was seventy five signatories.

None of the most prominent Republican signatories are actually in office... Still, the list is impressive.  It includes John Huntsman and Meg Whitman, both of who stood against marriage equality not long ago. Also David Stockman (Reagan's budget director), Christine Whitman (former Governor of New Jersey), William Weld (former Governor of Massachusetts) and Ken Mehlman (former RNC Chair).

Two current US Congresspersons, Ileana Ros-Lehtinen of Florida and Richard Hanna of New York are signatories, but neither Colin Powell, who recently came out in favor of same-sex marriage, nor Dick Cheney, a long-time supporter, have signed.

Amicus briefs "generally do not change Supreme Court justices' minds" but

... some said that the Republican brief, written by Seth P. Waxman, a former solicitor general in the administration of President Bill Clinton, and Reginald Brown, who served in the Bush White House Counsel’s Office, might be an exception.

Tom Goldstein, publisher of Scotusblog, a Web site that analyzes Supreme Court cases, said the amicus filing "has the potential to break through and make a real difference...

"The person who is going to decide this case, if it’s going to be close, is going to be a conservative justice who respects traditional marriage but nonetheless is sympathetic to the claims that this is just another form of hatred."

The Supreme Court, which unexpectedly agreed to hear the Proposition 8 case back in late November of 2012, is currently receiving briefs and rebuttals. Oral arguments are scheduled for March 26th, and a decision is expected in late June.

In another interesting tidbit, the New York Times article's author, Sheryl Stolberg, felt comfortable stating without qualification that

A majority of Americans now favor same-sex marriage, up from roughly one third in 2003.
Hearts and minds have been won. Now it's up to the nine Supreme Court Justices to tell us what we already know.
Intro

You must enter an Intro for your Diary Entry between 300 and 1150 characters long (that's approximately 50-175 words without any html or formatting markup).

Extended (Optional)

Originally posted to jpmassar on Mon Feb 25, 2013 at 08:49 PM PST.

Also republished by Kossacks for Marriage Equality, Angry Gays, Milk Men And Women, California politics, and SFKossacks.

EMAIL TO A FRIEND X
Your Email has been sent.