August 12, 2010 Edition of the Bay Area Reporter

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Carol Channing joins line-up for ‘Help Is on the Way XVI.’

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Organization needs larger donor base, and better fundraising, report says.

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Great stage star

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SF Pride cancels Dec. benefit

see Arts

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BAYAREAREPORTER

Vol. 40

. No. 32 . 12 August 2010

Serving the gay, lesbian, bisexual, and transgender communities since 1971

Prop8 appeal creates legal thicket tervened in a lawsuit to defend a state law, and the trial court has ruled for the plaintiff, intervenors he next stage in the fight to cannot by themselves prolong the secure marriage rights for litigation through an appeal unless California’s same-sex couthe intervenors independently esples has already begun and is cretablish their Article III standing.” ating a thicket of legal issues that In other words, unlike at the could take years to cut through. trial level where Prop 8’s backers Foremost among the lawyerwere allowed to defend the antily wrangling is whether the backgay law in court, only the state’s ers of Proposition 8, the voter-apgovernor or attorney general can proved ban against same-sex appeal Walker’s decision. marriage, have standing to bring “It is not their role really. They forth an appeal of Chief U.S. Disonly intervened because the govtrict Court Judge Vaughn Walkernment wasn’t willing to defend er’s ruling striking down the balProp 8,” said Margaret Russell, a lot initiative. In a stinging rebuke professor of constitutional law at to Prop 8’s supporters, Walker Santa Clara University. “If the govfound that they had failed to “adernment doesn’t want to appeal, I vance any rational basis in sindo think there is a strong argument gling out gay men and lesbians they don’t have standing to appeal.” Market Street was flooded with marchers who celebrated a judge’s decision for denial of a marriage license.” Russell, however, said since The attorneys for Protectmar- overturning Proposition 8 in San Francisco Wednesday, August 4. “they have been in the position of riage.com, the group behind the defendants so ... I can see the arProp 8 campaign, have already gument to drop them out at the stitutional rights, as well as for the city and counnotified the 9th Circuit Court of Appeals they in- ty of San Francisco, have claimed in court papers appeal stage pragmatically as not the way to let tend to appeal Walker’s decision. Yet there is some that the Prop 8 proponents fail to meet the re- this case end.” question as to whether they can indeed carry the quirements needed to seek appellate review of Both Governor Arnold Schwarzenegger and fight to the appellate level. Attorney General Jerry Brown not only declined Walker’s decision. Attorneys for the two same-sex couples who Pointing to what is known as “Article III stand- to defend Prop 8 before Walker during the trial, sued the state claiming Prop 8 violated their con- ing,” they note that “where private persons have inpage 13

Seth Hemmelgarn

by Matthew S. Bajko

Friends set up a memorial outside Philip DiMartino’s home.

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Attorneys discuss marriage wins by Matt Baume ith a string of recent marriage equality victories – the latest of which being last week’s ruling by Chief U.S. District Court Judge Vaughn Walker that California’s Proposition 8 violates the federal Constitution – there’s plenty of love these days for civil rights attorneys. Walker chose Wednesday, August 4 to release his decision in Perry v. Schwarzenegger; coincidentally, two separate forums had already been scheduled for August 5 to discuss the case. The first event, hosted by the American Bar Association, brought together Mary Bonauto, Beth Robinson, and Therese Stewart, attorneys involved in successful marriage equality cases in Massachusetts, Vermont, and California, respectively. Later that evening, the Commonwealth Club presented a speech and Q&A with David Boies, a lead litigator in the Perry case. Crucial to all four attorneys’ success was building a strong case at the right time. Bonauto, civil rights project director at Boston-based Gay and Lesbian Advocates and Defenders, explained that her organization waited five years to challenge the federal Defense of Marriage Act in Gill v. Office of Personnel Management. Last month, a federal judge ruled in that case that a section of DOMA is unconstitutional.

David Boies, co-counsel in the Perry v. Schwarzenegger case, prepares to take his seat during an appearance at the Commonwealth Club one day after the landmark decision declaring Prop 8 unconstitutional.

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Matt Baume

an Francisco police are seeking the public’s help in the death of a gay man who friends are remembering as “energetic” and “dedicated.” Philip DiMartino, 36, was found in his apartment at 138 Hermann Street on Monday, August 2 at about 1 p.m., according to police. It appears he had been stabbed to death. Police said a co-worker who had gone to check on DiMartino saw him through a window, lying unresponsive on the floor. Fire and police personnel responded to the scene and discovered that he had “multiple stab wounds to the torso,” according to Officer Albie Esparza, a police spokesman. SFPD spokeswoman Lieutenant Lyn Tomioka said in an e-mail this week that “Investigators have reason to believe that the suspect is a Hispanic male, and that he cut himself on the hand during the murder.” She said police also have reason to believe the homicide occurred on Friday, July 30. Police are not releasing other details, she said. Police said there were no signs of forced entry. Esparza, who called the case “a horrific crime,” said so far police suspect only one person was responsible for the stabbing. DiMartino’s apartment is directly across the street from the U.S. Mint. Esparza said he didn’t know if police had made any contact with Mint officials to collect any surveillance video. On Thursday, August 5, some of DiMartino’s friends gathered on the front

Although marriage equality has existed in Massachusetts since 2004, in terms of same-sex couples being able to wed, GLAD waited until five years’ worth of damages had accrued. Like other states with same-sex marriage, couples who do tie the knot do not receive any federal

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recognition or benefits. “We could have filed a marriage case [in 2004],” Bonauto said. “We did not feel it was the right time.” Concerns about timeliness have plagued

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by Seth Hemmelgarn

Lydia Gonzales

SF gay man stabbed

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