My article in yesterday’s editions reported upon a Presbyterian minister who’s been put on trial this week by her church for having solemnized same-sex marriages during the five months in 2008 when it was legal in California to do so, but still forbidden by the Presbyterian Church (USA)’s constitution.

Meanwhile, a pending bill would ensure that clergy members whose faiths oppose same-sex marriage are never forced into solemnizing such relationships, no matter what state law says about civil marriage. But SB 906 by state Sen. Mark Leno, D-San Francisco, faces some opposition from some sections of the religious community.

William May, chairman of the San Francisco-based Catholics for the Common Good, last month called the bill “a Trojan horse sponsored by the opponents of Prop 8. It is another slap at the 7 million voters who passed it.”

“The sponsor, Equality California, is trying to manufacture on their own a ‘civil’ class of marriage that is independent of marriage as a reality of nature,” he wrote. “It is clear this bill will be used to fool the voters into thinking there is a difference between religious and civil marriage and that same-sex ‘marriage’ will have no impact on churches and people of faith.”

The California Family Council opposes SB 906 for the same reason, as does Concerned Women for America of California.

I understand what they’re saying about Proposition 8’s ban on marriage being the will of the electorate, but there is an effective difference between religious marriage and civil marriage: If you don’t get a civil marriage certificate, your marriage isn’t recognized in California, and you don’t need a clergy member to sign that certificate. Read a deconstruction of May’s arguments here.

Said Leno, back in May: “This bill simply affirms that California is a diverse state and that we can all co-exist and make space for each others’ beliefs without compromising the beliefs of any religious group or individual. With the Civil Marriage Religious Freedom Act, churches and clergy members who fear their religious views are threatened by marriage equality will have clear and solid protections under state law. In addition, churches that welcome same-sex couples will continue to fully recognize those families within their faith.”

The Assembly approved SB 906 last Thursday on a 51-26 vote; Assemblyman Sam Blakeslee, R-San Luis Obispo, and Assemblyman Nathan Fletcher, R-San Diego, joined with Democrats to support it. It now goes back to the state Senate – which approved it 23-11 in May – briefly for concurrence with a technical change, and then it’s headed for Gov. Arnold Schwarzenegger’s desk.

There will be no same-sex marriages in California this week. The 9th U.S. Circuit Court of Appeals has granted Proposition 8 proponents’ request that the same-sex marriage ban remain in place pending appeal of a federal judge’s opinion finding it unconstitutional.

But the appellate court also has ordered that the case be expedited: A previous briefing schedule that would’ve had papers being filed through December has now been vacated. Instead, the opening brief is now due Sept. 17; the answering brief is due Oct. 18; and the reply brief is due Nov. 1, with oral arguments set for the week of Dec. 6.

And the court has asked the proponents – who were actually interveners in the original suit filed against the state – to include in their opening brief why their appeal shouldn’t be dismissed for lack of standing.

UPDATE @ 5:30 P.M.: The three 9th Circuit appellate judges who ordered the stay are Edward Leavy, Michael Hawkins and Sidney Thomas – for those who keep count, that’s one Reagan nominee and two Clinton nominees. (Though if you want to judge books by their covers, don’t forget that Chief U.S. District Judge Vaughn Walker, who has declared Proposition 8 unconstitutional, was first nominated by Reagan and then re-nominated by George H.W. Bush.)

From ProtectMarriage.com General Counsel Andy Pugno:

“California voters spoke clearly on Prop 8, and we’re glad to see their votes will remain valid while the legal challenges work their way up through the courts. Invalidating the people’s vote based on just one judge’s opinion would not have been appropriate, and would have shaken the people’s confidence in our elections and the right to vote itself.”

From Freedom to Marry Executive Director Evan Wolfson:

“Today’s 9th Circuit order expediting appeal of Chief Judge Walker’s persuasive decision striking down Prop 8 and maintaining a stay during the appellate review, is a disappointing delay for many Californians who hoped to celebrate the freedom to marry and full inclusion in society as soon as possible. But there are many twists in the road to justice, and we are encouraged by the court’s setting a fast pace for the appeal, revealing that the judges understand how important a quick end to the exclusion from marriage is to gay couples, their loved ones, and all Americans who believe in equality under the law. While the lawyers make the case for the freedom to marry in the courts of law, we have more months in which to make our case in the court of public opinion. The evidence at trial overwhelmingly confirmed that there is no good reason for withholding the freedom to marry from committed couples, and the Governor, the Attorney General, a majority of Californians, and a majority of Americans agree with Judge Walker that the freedom to marry helps families, while hurting no one. Prop 8 should never have been on the ballot and we look forward to seeing its stain removed from the law books, as we push forward on other fronts across the country.”

From Alliance Defense Fund Litigation Staff Counsel Jim Campbell:

“It made no sense to impose a radical change in marriage on the people of California before all appeals on their behalf are heard, so the 9th Circuit’s decision is clearly the right call. Refusing to stay the decision would only have created more legal confusion surrounding any same-sex unions entered while the appeal is pending. This case has just begun. ADF and the rest of the legal team are confident that the right of Americans to protect marriage in their state constitutions will ultimately be upheld.”

I was on KQED’s “This Week in Northern California” on Friday night to discuss the big court decision on the constitutionality of Proposition 8’s ban on same-sex marriage; other topics included Oakland Mayor Ron Dellums’ decision not to seek re-election, and the California Supreme Court’s ruling on San Francisco’s challenge to Proposition 209’s ban on affirmative action in public institutions.

Today was the deadline for written arguments on whether Chief U.S. District Judge Vaughn Walker should stay his Wednesday ruling overturning Proposition 8’s ban on same-sex marriage pending appeal.

The measure’s proponents had argued even before the ruling came down that staying such a decision is “essential to averting the harms that would flow from another purported window of same-sex marriage in California.” They argue they’ll eventually win this case, and to let more people marry in the interim would “inflict harm on the affected couples and place administrative burdens on the state.” Read their brief here.

Attorney General Jerry Brown argued that’s not so, and same-sex marriages should be allowed to begin again immediately. “(W)hile there is still the potential for limited administrative burdens should future marriages of same-sex couples be later declared invalid, these potential burdens are outweighed by this Court’s conclusion, based on the overwhelming evidence, that Proposition 8 is unconstitutional. Accordingly, the harm to the plaintiffs outweighs any harm to the state defendants.” Read his brief here.

And Gov. Arnold Schwarzenegger made a similar argument in a separate brief. Now that a court has deemed the ban unconstitutional, to resume allowance of same-sex marriage immediately “is consistent with California’s long history of treating all people and their relationships with equal dignity and respect,” his attorney wrote. Read his brief here.

UPDATE @ 5:18 P.M.: The plaintiffs’ brief arguing against a stay says Prop. 8’s proponents can’t possibly make a “strong showing” that they’re likely to prevail on appeal, both because their appeal is without merit and because they may not even have standing to file it – remember, the proponents were defendant interveners in this case, while the governor and state were the original defendants. The plaintiffs further argue that the proponents have failed to show they’ll suffer an irreparable injury without a stay, while a stay would mean the plaintiffs’ constitutional rights would continue to be curtailed. And they say the public interest in ensuring recognition and protection of all citizens’ constitutional rights weighs against a stay. Read their brief here.

David Boies – the famed litigator who helped convince a federal judge to rule this week that California’s constitutional ban on same-sex marriage as enacted by Proposition 8 of 2008 violates the U.S. Constitution – had a lot of interesting things to say at the Commonwealth Club of California last night, far more than we had room for in the paper.

Follow me after the jump for a more complete readout…
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So the rhetoric was flying hot and heavy yesterday in the wake of U.S. District Judge Vaughn Walker’s invalidation of Proposition 8’s ban on same-sex marriage as unconstitutional; statements were coming in at all hours (they still are, actually), and we got most of the salient ones online.

But now that most quarters have been heard from, I thought it might be interesting to juxtapose the statements from the major-party candidates seeking the offices of state attorney general, governor and U.S. Senator. Los Angeles District Attorney Steve Cooley, the Republican nominee for attorney general, was last to send his statement yesterday and we never got it online until now, so let’s start with him:

“Barring a law that is unconstitutional on its face, the proper role of an Attorney General is to enforce and defend the will of the People as manifested through the initiative or legislative process. The will of the People should be respected and not overturned easily or lightly. Today’s decision by a federal judge overturning Proposition 8 should be appealed and tested at a higher level of our legal system. The California Supreme Court upheld Proposition 8 by a 6 to 1 vote and declared it to be constitutional. Likewise, if the voters had approved an initiative legalizing same-sex marriage and a federal judge had ruled against it, I would also support an appeal of that decision.”

From San Francisco District Attorney and Democratic Attorney General nominee Kamala Harris:

“Today’s historic decision in Perry v. Schwarzenegger was a monumental step forward in the fight for equality.

“From the moment Attorney General Jerry Brown issued his analysis that Prop 8 violates the equal protection clause of the United States Constitution, I have proudly concurred with him. That position has been confirmed by Federal Judge Walker’s opinion today and stands in a proud line of jurisprudence reflected so boldly in 1948 when California’s Supreme Court ruled that a ban on interracial marriage violated the 14th Amendment of the U.S. Constitution, a conclusion finally reached in 1967 by the United States Supreme Court in Loving v. Virginia.

“Attorney General Brown, Judge Walker, and I have all sworn to defend and uphold the Constitution of the United States. So, if I am given the privilege to serve as California’s next Attorney General, I will not defend the anti-gay Proposition 8 in Federal court. Unfortunately, the same cannot be said for my opponent in the California Attorney General’s race, who promises to put the full weight of the state of California behind a defense of this discriminatory amendment.

“I pledge my support as this fight continues to another court and if necessary, the Supreme Court. I will continue to advocate for the defeat of Prop 8, whether we win that battle in the courts or at the ballot box. We may well face a lengthy battle on this issue but, as Dr. King said in 1967, ‘the arc of the moral universe is long but it bends toward justice.’”

From Darrel Ng, spokesman for Republican gubernatorial nominee Meg Whitman:

“Meg supported Proposition 8 and believes marriage is between a man and a woman. Meg also strongly supports California’s civil union laws. Today’s ruling is the first step in a process that will continue.”

From California Attorney General and Democratic gubernatorial nominee Jerry Brown:

“In striking down Proposition 8, Judge Walker came to the same conclusion I did when I declined to defend it: Proposition 8 violates the equal protection guarantee of the Fourteenth Amendment of the United States Constitution by taking away the right of same-sex couples to marry, without a sufficient governmental interest.”

From Republican senatorial nominee Carly Fiorina:

“The people of California spoke clearly on this issue at the ballot box in 2008. That decision is being challenged through our court system and while I don’t agree with the judge’s ruling today, this is one in what will be a multi-step legal process.”

From U.S. Sen. Barbara Boxer, D-Calif.:

“This historic decision is a step forward in the march toward equal rights and reflects a growing legal consensus that marriage equality is protected by the U.S. Constitution.”

From Andy Pugno, general counsel for official Proposition 8 proponents ProtectMarriage.com, and also the Republican nominee in the 5th Assembly District:

“Today’s ruling is clearly a disappointment. The judge’s invalidation of the votes of over seven million Californians violates binding legal precedent and short-circuits the democratic process. But this is not the end of our fight to uphold the will of the people for traditional marriage, as we now begin an appeal to the Ninth Circuit Court of Appeals.

“It is disturbing that the trial court, in order to strike down Prop 8, has literally accused the majority of California voters of having ill and discriminatory intent when casting their votes for Prop 8.

“But the reality is that Prop 8 was simply about restoring and strengthening the traditional definition of marriage as the unique relationship of a man and a woman, for the benefit of children, families and society.

“At trial we built a solid record to show that marriage has served as the foundation of the family and society as a whole, has universal functions and features attributable only to unions between a man and woman, has been defined in both law and language as a union between a man and a woman, and acts as the predominate relationship in which to create and support children.

“We are confident that the trial court record we built will help us ultimately prevail on appeal and reverse today’s ruling.

“Reversing today’s decision will also serve as a reminder that the role of the courts is to interpret and apply the law only as enacted by the people and their elected representatives, not to impose new social policies.

“And federal precedent is clear that there is no constitutional right to same-sex marriage. To prevail in the end, our opponents have a very difficult task of convincing the U.S. Supreme Court to abandon precedent and invent a new constitutional right.”

From California Attorney General and Democratic gubernatorial nominee Jerry Brown:

“In striking down Proposition 8, Judge Walker came to the same conclusion I did when I declined to defend it: Proposition 8 violates the equal protection guarantee of the Fourteenth Amendment of the United States Constitution by taking away the right of same-sex couples to marry, without a sufficient governmental interest.”

From California Republican Party Chairman Ron Nehring:

“The California Republican Party is firm in its support of traditional marriage and looks forward to the matter being resolved in a higher court.”

From Jess Durfee, Southern California chair of the LGBT Caucus of the California Democratic Party, on the party’s behalf:

“Today’s ruling is a victory for equality and an affirmation for all Californians who believe that our state must never be party to keeping committed, loving couples apart. This is but the latest victory in a long march toward full equality that has yet to be realized for the majority of LGBT couples and families in the United States. California Democrats will continue to fight on the side of basic fairness and equality under law until the right to marry is extended to all couples.”

From Brian Raum, senior counsel for the Alliance Defense Fund, which represented ProtectMarriage.com in this litigation:

“In America, we should respect and uphold the right of a free people to make policy choices through the democratic process–especially ones that do nothing more than uphold the definition of marriage that has existed since the foundation of the country and beyond.

“We will certainly appeal this disappointing decision. Its impact could be devastating to marriage and the democratic process. It’s not radical for more than 7 million Californians to protect marriage as they’ve always known it. What would be radical would be to allow a handful of activists to gut the core of the American democratic system and, in addition, force the entire country to accept a system that intentionally denies children the mom and the dad they deserve.”

“The majority of California voters simply wished to preserve the historic definition of marriage. The other side’s attack upon their good will and motives is lamentable and preposterous. Imagine what would happen if every state constitutional amendment could be eliminated by small groups of wealthy activists who malign the intent of the people. It would no longer be America, but a tyranny of elitists.”

From U.S. Sen. Dianne Feinstein, D-Calif.:

“This is an enormous victory for the equal rights of gays and lesbians. Judge Vaughn Walker’s ruling today confirmed what many of us had felt was clear all along: that it is unconstitutional to take away the rights of gays and lesbians to enter into the institution of marriage.

“Most likely this verdict will be appealed and will go to the Supreme Court. The journey is not over, but today is a day to celebrate this historic victory for equal marriage rights. This is very good news.”

From Mary McAlister, Senior Litigation Counsel for Liberty Counsel:

“This is a classic case of judicial activism. The Constitution is unrecognizable in this opinion. This is simply the whim of one judge. It does not reflect the Constitution, the rule of law, or the will of the people. I am confident this decision will be overturned.”

Lots more, after the jump…

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In a case of perfect timing, David Boies – co-counsel for the plantiffs in the lawsuit to overturn Proposition 8’s same-sex marriage ban, on which a federal judge is set to rule this afternoon – will address the Commonwealth Club of California at 6 p.m. tomorrow, Thursday, Aug. 5, in the club’s offices on the second floor of 595 Market St. in San Francisco. Tickets cost $12 for club members, $20 for non-members or $7 for students with valid ID, and are available online or at 415-597-6734.

Boies is among the nation’s most prominent attorneys, having served as special counsel to the U.S. Department of Justice in the Microsoft antitrust litigation and having represented Vice President Al Gore in the Bush v. Gore case that settled the 2000 presidential election.

He’s now working with former U.S. Solicitor General Theodore Olson to convince the federal courts to overturn California’s Proposition 8, enacted by the voters in November 2008, as unconstitutional. Time Magazine this year named them among the 100 most influential people in the world.

If you can’t make tomorrow’s event, or if you want to show up prepared, check out Salon.com’s interview with Boies from late June, wherein he talks about how they’re looking to take this case all the way to the U.S. Supreme Court. “We’re not taking any justice for granted, and we’re not giving up on any justice. A few years before Brown against Board of Education, I think you would not have found a lot of people to believe that that decision would have come down unanimously.”

Tomorrow’s discussion will be moderated by Pamela Karlan, the Kenneth and Harle Montgomery Professor of Public Interest Law and co-director of the Supreme Court Litigation Clinic at Stanford Law School.

Love Honor Cherish, the grassroots, Los Angeles-based organization pushing a proposed ballot measure to repeal Proposition 8’s constitutional ban on same-sex marriage, this morning announced it has failed to gather the 694,354 valid signatures from registered voters required by today’s deadline to place its measure on November’s ballot. The group vowed to work toward the repeal of Prop 8 at the next general election in November 2012.

“This is a heartbreaking moment,” executive director John Henning said in a news release. “Despite the dogged efforts of hundreds of volunteers across California, we did not get the signatures we needed within the 150-day window set by the state.”

“Regrettably, Prop 8 will remain as a stain on our constitution until at least 2012, and perhaps later,” he added, challenging activists to rededicate themselves to a 2012 repeal effort.

There had been a lot of debate among same-sex marriage advocates over the merits of trying for a repeal measure in 2010 versus 2012. But Love Honor Cherish board member Lester Aponte said he believes the signature-gathering process, though ultimately unsuccessful, helped spark “hundreds of thousands of conversations with California voters about the right to marry, and we know that we have moved hearts and minds. In the process, we have set the foundation for a future repeal effort and brought hope to thousands whose hearts were broken by the passage of Prop 8.”

Love Honor Cherish was using a web-based social networking tool letting volunteers download the petition form, watch training videos and join teams.

UPDATE @ 4:25 P.M.: I’ve filed a fuller story about this for tomorrow’s print editions, but while that story includes comments from the National Organization for Marriage, other pro-Prop. 8 groups didn’t respond in time to meet my print deadline… so here they are.

From ProtectMarriage.com Executive Director Ron Prentice:

“This effort’s failing is due to dissension between the many organizations claiming leadership, and the lack of significant funding. Although much has been made of recent polls, similar polls taken before the Prop. 8 vote in 2008 also forecast a majority in favor of changing the institution of marriage. All have been proven wrong.”

And from California Republican Party Chairman Ron Nehring:

“Once again, efforts to change the traditional scope of marriage in California have fallen short and the inability of putting another repeal on the November ballot shows that the popular mandate that passed Proposition 8 is still strong.

“The California Republican Party affirms its support for traditional marriage and urges everyone who has worked tirelessly to protect Prop. 8 to remember that the war is not over and that the sanctity of marriage is worth fighting for.”

UPDATE @ 12:13 P.M. TUESDAY: And here’s what there wasn’t room for in the online/print edition, cut from between the penultimate and final paragraphs…

There were no public “I-told-you-so’s” forthcoming Monday.

“I give a lot of credit to the activists that went out and enthusiastically worked to collect signatures,” Equality California marriage director Marc Solomon said Monday.

“We share their passion for repealing Prop. 8 and restoring the freedom to marry as soon as possible, but we had a different point of view about when the right time to repeal Prop. 8 is,” he said. “We have been focused for the past almost year now on building toward 2012 to doing the hearts-and-minds work, changing people’s perspectives.”

Marriage Equality USA spokeswoman Molly McKay said Monday that it’s time “to come back together, we all have to let go of the past as the past and look toward the future. It takes so much money and so much effort to qualify for a ballot measure, and this was an all-volunteer effort that was undertaken. That’s all it reflects, that there wasn’t quite a consensus about when to go forward.”

Our Family Coalition executive director Judy Appel agreed 2010 was “just too soon.”

“They were very committed to what they were trying to do, but it was a very isolated effort, not the effort of the full community,” she said. “We are relieved that we will have more time to help Californian’s recognize us, respect us and stand with us.”

In what seems to be its only California campaign contribution so far in the 2009-10 election cycle, the National Organization for Marriage – a Virginia-based organization that helped support and bankroll Proposition 8 of 2008, the constitutional ban on same-sex marriage – last week gave $5,000 to John Eastman’s campaign for state Attorney General.

Eastman, who stepped down as dean of the Chapman University School of Law in Orange in order to launch this campaign a few weeks ago, has been trying to tack to the right of his GOP primary rivals; he won the endorsement of the California Republican Assembly, the conservative grassroots arm of the party, this past weekend.

The “Issues and Philosophy” section of Eastman’s Web site says “California’s Attorney General has a constitutional duty and obligation to defend the people, including defending ballot measures passed by the people. Jerry Brown failed his constitutional duty when he not only refused to defend Proposition 8 (traditional marriage), but worked to help to overturn it. John Eastman would reverse this policy and defend Proposition 8 and other voter enacted measures when challenged.”

The campaign Web sites of Republican AG primary candidates state Senator Tom Harman and Los Angeles District Attorney Steve Cooley make little mention of marriage or Proposition 8. A Feb. 24 news release on Harman’s site takes Cooley to task for having “polished his liberal credentials by coming to current Attorney General Jerry Brown’s defense for entering the legal battle against traditional marriage,” but doesn’t explicitly describe Harman’s own views.

NOM describes itself as “a nonprofit organization with a mission to protect marriage and the faith communities that sustain it.” Activists claim it’s essentially a front group passing through enormous sums of money from the Church of Jesus Christ of Latter Day Saints (commonly known as the Mormon Church) to fight same-sex marriage from coast to coast.

NOM Executive Director Brian Brown was among the co-hosts of a Feb. 22 fundraiser for Eastman in Washington, D.C. NOM’s direct contribution came March 2.