Same Sex Marriage

Clean energy

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EDITORIAL Pacific Gas and Electric Co., its political hacks, and to a great extent, the San Francisco Chronicle all seem to take the same line on the defeat of Proposition H: It’s done. The people have spoken. Public power has been on the ballot 11 times, and it’s never passed.

And — as is always the case with a losing campaign — supporters of the Clean Energy Act are discussing what went wrong, looking at how the measure was written, the details, the language, the scope to see if there was something that could have been done differently.

But that ignores the central reality of the campaign for Prop. H: PG&E spent nearly $10.3 million to kill it. And it’s very, very hard to fight that kind of money.

The truth is, there was nothing wrong with the language or scope of Prop. H. If it had passed, it would have given the city the tools to create a sustainable energy portfolio that would be the envy of the nation. In fact, there is little doubt that the Clean Energy Act was well ahead in the polls when it was first placed on the ballot.

But as we’ve seen with so many races over time (and as we saw with Proposition 8 this fall) when a ballot measure it becomes a citywide or statewide race, big money has a serious impact. And we’ve never seen this kind of money in a San Francisco initiative campaign. In the end, PG&E spent about $53 per vote. That’s an outrageous sum, dwarfing any political spending that’s ever happened in San Francisco

Yet despite the barrage, the Clean Energy Act got tremendous grassroots and political support. Clean Energy has a strong constituency in San Francisco, including from the Sierra Club, and the power of this campaign won’t go away. Despite the efforts of downtown and PG&E, progressives still control the Board of Supervisors. Three of the city’s four representatives in Sacramento — Senator-elect Mark Leno, Assembly Member Fiona Ma and Assembly Member-elect Tom Ammiano — supported the legislation and will continue to back efforts to replace PG&E’s dirty power with locally- owned renewable energy. PG&E has money but it’s running out of friends in this town — and its illegal monopoly is the very definition of unsustainable.

There’s now an organized constituency for clean energy and public power, seasoned by this campaign and ready to continue the battle. That’s what needs to happen. There are numerous fronts: the city needs to be moving forward quickly with community choice aggregation, which offers the potential for cheaper, cleaner power. (The downside to CCA is that it doesn’t allow the city to make money; PG&E would still own the transmission lines, and thus make all the profits in the system.) Potentially, however, a CCA agency could begin moving toward creating local generation facilities and eventually toward building a local transmission system. A CCA also could directly access the city’s own Hetch Hetchy power and begin delivering it to local customers (once San Francisco can get out of the contracts requiring it to send too much of that power out of town).

The supervisors need a strong Local Agency Formation Commission to keep monitoring and pushing this, and the new board president needs to be sure LAFCO members are committed to and energized about renewable energy and public power.

Several supervisors — Sean Elsbernd, for example — told us they saw no reason for Prop. H to be on the ballot since so much of what it called for could be done by the board. Fine: Sup. Ross Mirkarimi, one of the authors of Prop. H, should immediately introduce legislation to do everything in Prop. H that doesn’t require a city charter change. Let’s see if Elsbernd and the mayor are really just PG&E call-up votes or if they’re willing to support an energy options feasibility study and strong renewable-energy mandates for the city.

And there are still legal options that the board should look at. City Attorney Dennis Herrera never wanted to go to court to enforce the Raker Act, the federal law requiring San Francisco to operate a public power system, but that’s an area the board can push. David Campos, the apparent supervisor-elect in District 9, is a lawyer who has worked in the city attorney’s office and sued PG&E, so this is an area where he can show leadership.

The bottom line is that this battle isn’t over.

There were other disappointments on what was generally a progressive ballot. Proposition V — the phony measure calling on the school board to reinstate JROTC — passed, narrowly. It was mostly a wedge issue to hurt progressive candidates for supervisor, and has been a horribly divisive issue in the schools. The school board, which cut off JROTC last year, is now pushing for an excellent public service alternative and doesn’t need to go back and reexamine the issue. JROTC is a terrible idea for San Francisco, and the newly elected board members shouldn’t even bring this up again.

Of course we were deeply unhappy about the passage of Prop. 8. The repeal of same-sex marriage was such a blow to San Francisco that it dampened a lot of the enthusiasm over the Obama victory. But that one’s not over, either; it has just begun. Statistics show that voters under 30 overwhelmingly support same-sex marriage — and if the campaign is run differently, and the message is positive, it’s likely that Prop. 8 can be overturned. Marriage equality advocates should think seriously about preparing now for a major campaign in November 2010 to restore equal rights for same-sex couples in California.

Tyranny of the majority

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› steve@sfbg.com

When the California Supreme Court agreed last week to decide the legality of Proposition 8 — which a slim majority of Californians passed Nov. 4, taking from same-sex couples the marriage rights that the court had established in May — the debate shifted to a concept far older than that of gay rights.

Essentially, it will decide whether this is a case of the "tyranny of the majority," a phrase Alexis de Tocqueville coined in his classic 1835 book Democracy in America, drawing on a concept from the ancient Greeks that was the philosophical underpinning of the US Bill of Rights and the central paradigm of constitutional democracy.

The founding principle is that basic rights — such as the freedoms of speech, religion, and association — are not subject to majority approval and can’t be taken away by a simple popular vote. So the question now before the judges is whether the right to marry, which the court ruled had been unconstitutionally withheld from same-sex couples, is among those core rights.

"The whole notion of equal protection is to protect minority interests from the periodic discriminatory impulse of the majority," Robert Rubin, legal director for the Bay Area chapter of the Lawyers Committee for Civil Rights, told the Guardian. "And [upholding Prop. 8] would turn that on its head."

‘CONSTITUTIONAL CRISIS’


Even before the votes were counted election night, the San Francisco City Attorney’s Office and its counterparts in Santa Clara County and the city of Los Angeles were developing their challenge to the legality of Prop. 8, which they filed Nov. 5.

Both Prop. 8 proponents and the California Attorney General’s Office agreed that the high court should immediately take the case rather than let it rattle around the lower courts for months or years. "Review by this Court is necessary to ensure uniformity of decision, finality and certainty for the citizens of California," Attorney General Jerry Brown wrote to the court.

Brown had previously ruled that the roughly 18,000 marriages performed since May were legal and that Prop. 8 is not retroactive, something proponents of the measure dispute and which the Supreme Court also has agreed to decide in this case. But two of the three "issues to be briefed and argued," as the high court ruled Nov. 19, were more fundamental: "1) Is Proposition 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution? (see Cal. Const., art. XVIII, 1-4) 2) Does Proposition 8 violate the separation of powers doctrine under the California Constitution?"

Narrowly framed, the first question asks whether the process of banning same-sex marriage in the constitution should have gone through the more cumbersome revision process, which involves winning a two-thirds vote in the California Legislature before submitting the measure to voters. And the second concerns whether the legislative branch of government (in this case, through a direct vote of the people) can legally override this decision by the judicial branch.

But more broadly framed, both questions go to the same basic issue: can a simple majority of voters take away rights from a protected minority group, one the judicial branch has already ruled is entitled to the same marriage rights as heterosexual couples? The implications of that answer are so profound that City Attorney Dennis Herrera, in a City Hall press conference after the court announced its decision, cast the matter as no less than a "constitutional crisis."

"The cases before the Supreme Court today are no simple rematch. To be candid, the principles implicated here are of far greater consequence than marriage alone," Herrera said. "In short, this case has gone beyond the simple issue of marriage equality. And no matter what your view of same-sex marriage is, it’s important to understand that the passage of Proposition 8 has pushed California to the brink of a constitutional crisis."

He then explained why.

"This measure sought to do something that no other constitutional amendment has ever done here in the state of California, and that is to strip a fundamental right from a protected class of citizens and in doing so, it did not merely undo a narrowly disfavored Supreme Court ruling. Its legal effect is nowhere [near that] simple or elegant. Rather, it upended a separation of powers doctrine deeply rooted in our system of governance. It trounced upon the independence of the state’s judicial branch and it eviscerated the most fundamental principle of our state’s constitution. And if allowed to stand, Proposition 8 so devastates the principle of equal protection that it would endanger fundamental rights of any potential electoral minority, even for protected classes based on gender, race, or religion. And it would mean a bare majority of voters could enshrine any manner of discrimination against any unpopular group, and our state constitution would be powerless to disallow it," Herrera said.

That’s why he said 12 cities and counties have joined this suit — including Los Angeles and Alameda counties, which were not part of the original same-sex marriage case — along with supporting roles being played by the NAACP, the Mexican-American Legal Defense Fund, the Asia Pacific American Legal Center, and California Council of Churches.

There is some irony to the Council of Churches’ involvement given that religious groups, particularly the Catholics and Mormons, provided the backbone of financial and volunteer support for the Yes on 8 campaign. Yet the council argues that Prop. 8 is an attack on religious freedom.

"It is kind of ironic, and I don’t they they’re paying attention to the big picture, to be honest with you," Eric Isaacson, attorney for the Council of Churches, told the Guardian. "But history tells us that religious groups are often the victims of such persecution."

He cited laws that have taken rights from Jews in many countries and instances of majorities in the United States going after Jehovah’s Witnesses and the Mormons, a group driven from state to state by discriminatory mobs until they finally settled in Utah to enjoy religious freedom.

Beyond the historical and precedent-setting nature of the case, the council’s executive director Rick Schlosser told the Guardian that Prop. 8 discriminates against Episcopal, Unitarian, and other churches that believe all people have the right to marry.

"We work on a lot of religious freedom issues and there’s a huge number of churches that support the right of people to marry," Schlosser said. "There are a lot of churches that think it’s their religious duty to perform same-sex marriages."

CONFLICTING TRADITIONS


Frank Schubert, who managed the Yes on 8 campaign, scoffs at attempts to frame this debate around larger constitutional issues: "This is simply about marriage and what the definition of marriage will be."

He called the chances of overturning the measure "minuscule," and said, "the constitution belongs to the people." Rather than an initiative upsetting constitutional traditions, Schubert blamed the Supreme Court for reinterpreting marriage: "It’s the first time in California that rights that did not exist were granted on a narrow court decision and the people corrected that."

Yet the traditional gender structure of marriage is now in conflict with traditions of equal protection and separation of powers, something same-sex marriage advocates say needs to be the subject of a concerted public education campaign.

"There is a major civics education to be undertaken," Rubin said, recalling how he was also criticized publicly in 1994 for his role in winning a restraining order against Proposition 187, which sought to withhold government services from undocumented immigrants. "Yet the notion that protecting minority interests is not subject to popular will is not that hard to understand."

Maybe, but some constitutional law scholars say the formulation is not quite that simple. "The notion that a majority can’t take away a minority group’s rights, that just isn’t true," said UC Berkeley’s Boalt School of Law professor Jesse Choper. He takes a less philosophical view of the case, noting that California law explicitly allows the constitution to be amended, essentially however the people see fit, a process far easier than the one to change the federal constitution.

Choper said the specific question before the court is whether voters can remove same-sex marriage rights from the constitution. "And the answer is yes, if they do it properly," he said. That determination will come down to whether the judges believe this change is a mere amendment, or a more serious revision. Choper said the case law on that question isn’t well-established, but his reading of it is that plaintiffs face a real challenge in arguing that a simple change to the constitution — albeit a weighty one — requires the revision process. "It’s uphill," he said. "They’ll have to cut a new cloth."

But Herrera and his fellow plaintiffs don’t agree. While he characterized the coming legal battle as difficult and complicated, he expressed confidence in their ability to show that Prop. 8 changes core constitutional principles.

"That’s why I think this is a revision rather than amendment, because it would so radically change the balance of power and responsibility between our branches of government," Herrera said.

Santa Clara County Attorney Ann Ravel, who joined Herrera’s press conference, agreed, stepping up the podium to say, "Let me just add something to that. If this is not a case of revision, it’s hard to imagine any case that the court might find there to have been a revision, and there have been some."

While Choper may not agree with the plaintiffs on how the court will decide the equal protection questions, he does agree that the outcome could have serious implications for minority rights and the ability of voters to target disfavored groups. "If they can do it to this minority, they can do it to other minorities," Choper said.

Rubin said the religious groups pushing Prop. 8 are being short-sighted: "What they may like today when they have 51 percent of the vote, tomorrow they may be on the 49 percent side and may not like that basic rights come down to majority rule."

And that’s why the issue gets elevated to the larger question of whether this is a case of tyranny of the majority, something that could become an issue for the federal courts, which is likely to see cases challenging whether lax California standards on precedent-setting initiatives might run afoul of bedrock principles in the US Constitution.

"Yes of course you could challenge it in the federal court," Choper said. "If Prop. 8 stands, someone will bring a case about whether discrimination against gay marriages violates the equal protection clause of the federal constitution."

Herrera said he doesn’t want to go there yet, but he left that door open in response to a question from the Guardian: "Are there potential federal issues down the road that could be raised or discussed? It’s no secret that’s potentially there, but at this point, I don’t think that’s something that we’re going to focus on."

THE LONG VIEW


While the judges and lawyers in this case may focus on narrow legal concepts and definitions, Herrera is seeking to present the case in a far grander context.

"Equal protection under the law is what separates constitutional democracy from mob rule tyranny and it is a principle that reaches back eight centuries to the Magna Carta and it has guided the founding of our nation and our state," he said. "So I understand that on same-sex marriage, the emotions on both sides run high, but it’s important to understand the legal stakes are even higher. The cases before the high court today are no longer about marriage rights alone. They are about the foundations of our constitution. And as citizens we share the blessing of a common jurisprudence, and I refuse to accept that it is beyond us to find common ground in its enduring and deeply American principles: equality under the law, separation of powers, and an independent judiciary."

Ravel reinforced Herrera’s perspective, telling reporters, "The Supreme Court is going to decide, as Dennis said, a question that goes to the very foundation of our democracy and that will also impact every city and county in the state. The court has held, previously, that all couples have to be treated equally when it comes to the important institution of marriage. A majority of voters can’t undercut the court’s role in protecting minorities in our society."

Essentially, this is no longer a case about same-sex marriage.

"The merits of the case are different than they were back in May. The fact of the matter is the California Supreme Court found there was a fundamental right to marry and that LGBT couples are entitled to that right. The issue here is should Prop. 8 be struck down because it was an improper amendment versus a revision," Herrera said. "So I think everybody is focused on the right issues." *

It’s now about equal protection, not gay marriage

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By Steven T. Jones

The California Supreme Court’s decision to hear legal challenges to Proposition 8 moves the debate about same-sex marriage toward a more basic legal question: Can a majority vote to take away the constitutional rights of a minority? “The passage of Prop. 8 has pushed California to the brink of a constitutional crisis,” San Francisco City Attorney Dennis Herrera, whose office began preparing this legal challenge even before election day, just said at a hastily called news conference, where he appeared with his deputy Terry Stewart and Santa Clara County Attorney Anne Ravel.
“Equal protection is what separates constitutional democracy from mob rule tyranny,” Herrera said, noting that the measure “trounced upon the independence of our judicial branch.” For that reason, he expects the issues and arguments that San Francisco and its 12 co-plaintiffs (and counting) make to be very different than those his office argued for same-sex marriage. Briefs will be filed by Jan. 5 and oral arguments could come as early as March.
“They’re going to decide a question that goes to the very foundation of our democracy,” Ravel said. “A majority of voters can’t undercut the court’s role in protecting the rights of minorities.”

Green and black

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news@sfbg.com

GREEN CITY The 2008 San Francisco Green Festival, held Nov. 14-16 at the Concourse Exhibition Center, is a well-established environmentalist event that featured more 1,000 vendors and was overseen by 1,600 volunteers, all united in promoting a greener future.

Yet the event’s keynote speaker, Cornel West, along with Van Jones of the Oakland-based Green Jobs for All and San Francisco-based Muslim minister the Rev. Christopher Muhammad, all conveyed an expanded definition of environmentalism that emphasized social justice and concerns specific to African American communities.

The idea behind this fusion of black and green is that our traditional view of environmentalism, with its focus on the health of ecosystems, needs to be expanded to social systems as well. In that context, Muhammad’s long fight against Lennar Corp.’s reckless approach to developing Bayview-Hunters Point (see "Question of intent," 11/28/07), in which his Muhammad University of Islam was exposed to toxic asbestos dust, takes on new dimensions.

As the first speaker of the day Nov. 15, Muhammad’s speech was geared toward local issues of concern. Muhammad continued to shed light on the "environmental racism" taking place in the Bay Area communities of Bayview-Hunters Point, North Richmond, and West Oakland, referring to the injustice as San Francisco’s "dirty little secret." Environmental racism ranges from citing polluting industries in poor communities of color to inequities in who has access to healthy food and preventive medical care.

Muhammed brought to light the issue of San Francisco’s declining middle class and minority populations, citing rising crime rates and housing costs as culprits. He also commended the Green Festival for bringing people together to hear about an expanded scope for environmentalism. "It’s a place where people can come and be informed about issues that impact them that have historically been left out in terms of this whole [green] movement," Muhammed said.

The last scheduled speaker of the day was prominent social critic and Princeton professor Cornel West, author of the new book Hope on a Tightrope (Hay House). Muhammad has worked with West in the past and praised him as a fellow advocate for social justice: "I’ve met with him on a number of occasions and worked with him on various projects. He’s an ally."

West stressed the importance of addressing social justice by saying, "There’s a need to target [environmental racism]. You need a coalition in order to bring hard pressure to bear, so it can become more of a national issue."

In many ways, the people are showing signs of resistance to change, as with the passage of Proposition 8, which bans same-sex marriage in California, a result he calls "catastrophic." Still, he said, now, after a historic presidential election, is the moment to begin the transition. "It’s the end of an era. Thirty years of a country sleepwalking is over," West proclaimed to the cheering crowd.

He warned everyone not to believe that change will come overnight, reminding the crowd that it is ultimately up to us to push the change that we so desperately crave. "It’s not just about one messianic figure on his way to the White House," West said.

Green energy is the future of this country, West said, and one of the many ways we can foster positive change. The potential to lift up communities of color as part of the transition to new energy sources has been a big focus for Van Jones of Oakland’s Green for All, who spoke Nov. 16 about his new book, The Green Collar Economy (HarperCollins). He said we must "invent and invest our way" out of our current "gray economy" and into the new "green economy."

West also said the American people are still coming to understand the nature of the problems we face. "America has grown old, we’ve grown wealthy, but we have yet to grow up." But he ended his speech on an upbeat note, saying this age of conservation and greater awareness will create what Sly Stone called the "age of everyday people."

This year’s Green Festival exposed attendees to nontraditional environmental problems that pollute our social environment. The take-away from this new focus was that "going green" involves more than just driving a hybrid car and shifting to compact fluorescent lights — it means truly transforming our communities.

Politics behind the picture

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› news@sfbg.com

The new Harvey Milk movie, which opens later this month, begins as a love story, a sweet love story about two guys who meet in a subway station and wind up fleeing New York for San Francisco. But after that, the movie gets political — in fact, by Hollywood standards, it’s remarkably political.

The movie raises a lot of issues that are alive and part of San Francisco politics today. The history isn’t perfect (see sidebar), but it is compelling. And while we mourn Milk and watch Milk, we shouldn’t forget what the queer hero stood for.

Milk started out as something of a pot-smoking hippie. “The ’70s were a hotbed of everything,” Sup. Tom Ammiano remembered. “Feminism, civil rights, antiwar.” Milk’s early campaigns grew out of that foment. “Sure, he wanted to be elected,” Ammiano told us. “But the main ingredient was courage. He was fighting with the cops when they raided the bars … what he did was dangerous.”

Milk never would have been elected supervisor without district elections — and the story of district elections, and community power, ran parallel to Milk’s own story, for better and for worse.

Milk tried twice to win a seat on the at-large Board of Supervisors and never made the final cut. But in the mid-1970s, a coalition of community leaders, frustrated that big money controlled city policy, began organizing to change the way supervisors were elected. The shift from an at-large system to a district one in 1976 was a transformational moment for the city.

“I think that San Francisco doesn’t always appreciate the sea change that district elections brought,” Cleve Jones, a queer activist and friend of Milk who helped Dustin Black write the script for Milk, told us. “It wasn’t just important to the various communities that had been locked out of power at City Hall — it was the glue that began to grow the coalitions.”

Milk was elected as part of what became the most diverse board in the city’s history, with Asian, black, and gay representatives who came out of community organizations. The board, of course, also included Dan White, a conservative Irish Catholic and former cop. And it was the assassination of Milk and Mayor George Moscone by Sup. White — and the civic heartbreak, chaos, and confusion that followed — that allowed downtown forces to repeal district elections in 1980. That gave big money and big business control of the board for another 20 years, a reign that ended only when district elections returned in 2000.

Milk was a gay leader, but he was also a tenant activist, public power supporter, advocate for police reform, supporter of commuter taxes on downtown workers, and coalition-builder who helped bring together the labor movement and the queer community. It started, ironically, with the Teamsters.

“Those of us who came out of the antiwar movement remembered that the Teamsters supported Richard Nixon until the very last moment,” Jones said. “And they were seen as one of the most homophobic of all the unions.”

But in the 1970s, the Teamsters were at war with the Coors Brewing Company, and trying to get San Francisco bars to stop serving Coors beer. Allan Baird, a Teamsters leader who lived in the Castro District, saw an opportunity and contacted Milk, who agreed to help — if the Teamsters would start hiring gay truck drivers.

“It wasn’t just San Francisco and California,” Jones recalled. “We got Coors beer out of every gay bar in North America.” And gays started driving beer trucks.

Today, the queer-labor alliance is one of the most powerful, effective, and lasting political forces in San Francisco.

Milk was never popular among the wealthier and more established sectors of the gay community; he believed in a populist brand of politics that wasn’t afraid to take the fight to the streets — and beyond San Francisco. A central theme of the film is the fight against Proposition 6, a 1978 measure by conservative state Sen. John Briggs that would have barred homosexuals from teaching the public schools.

Milk, defying the mainstream political strategists, insisted on debating Briggs in some of the most right-wing parts of the state. He refused to downplay the gay-rights issues. And when Prop. 6 went down, it was the end of that particular homophobic crusade.

Milk was always an outsider, and he ran for office as a foe of the Democratic Party machine. “His campaign for state Assembly was all about Harvey vs. the machine,” former Sup. Harry Britt told us. “His main supporter was [Sup.] Quentin Kopp. He didn’t run as the liberal in the race; he ran against the machine.” And for much of the next 20 years, progressives in San Francisco found themselves fighting what became the Brown-Burton machine, controlled by Willie Brown and John Burton.

It’s too bad the movie wasn’t released early enough to have had an impact on Prop. 8, the anti same-sex marriage measure that just passed in California. Some critics of the No on 8 campaign say the message was far too soft, and that a little Harvey-Milk-style campaigning might have helped.

But for us, one of the most striking things about the movie is the fact that Milk and his lover, Scott Smith, were able to leave New York with very little money, arrive in San Francisco, rent an apartment on their unemployment checks, and open a camera store. That wouldn’t be possible today; the Harvey Milks of 2008 can’t live in the Castro — and many can’t live anywhere in San Francisco. The city is too expensive.

In fact, for all the victories Milk won, for all the successes of the movement he helped to build, much of his agenda is still unfulfilled, even in his hometown.

The first time Harvey Milk gives a public speech in the film, he’s standing on a soapbox … literally. He brings out a box with “soap” written on the side; a funny gag, but a serious and telling moment for him and San Francisco.

The issues that Milk spoke so passionately about in that speech included police reform, ending the war on drugs, protecting tenants and controlling rents, and improving parks and protecting people’s rights to use them liberally — all issues with as much resonance today as they had back then.

The movie leaves us with a painful question. For all the celebration of Milk’s legacy by San Franciscans of various political stripes, why have we made so little progress on some of his signature issues? We celebrate the martyr — but often forget what the man really advocated.

Support for gay rights is de rigueur for anyone who aspires to public office in San Francisco. But a quarter of city residents still voted to take away same-sex marriage rights in this election. Many older gay men today are barely able afford their AIDS medication and rent. And transgender people and other nontraditional types are still ostracized, unable to get good jobs, and sometimes treated contemptuously when they seek help from their government.

Sure, marijuana is supposedly legal for medical uses in California and pot clubs proliferate around San Francisco. But even these sick patients are still targeted by the federal government and its long arms in San Francisco, including former US Attorney Kevin Ryan, whom Mayor Gavin Newsom named his top crime advisor and who is now seeking to crackdown on the pot clubs. Why, 30 years after Milk was shot, does one have to claim an ailment or illness to smoke a joint in this town?

Two-thirds of city residents are renters, a group Milk championed with gusto, but we barely beat a state initiative in June that would have abolished rent control. Housing is getting steadily more expensive. And in this election, Newsom and his downtown allies opposed Proposition B, an affordable housing measure, and Proposition M, a common sense measure to prohibit landlords from harassing their tenants. Such harassment is a common tactic to force tenants from rent-controlled units, even though the City Attorney’s Office is currently suing the city’s biggest landlord, Skyline Realty, for its well-documented history of harassment. Newsom may be the champion of same-sex marriage, but when it comes to issues like tenants’ rights, we suspect that Milk would be appalled at Newsom’s gall.

Ted Gullicksen of the San Francisco Tenants Union noted that in the wake of Milk’s death and before the repeal of district elections, San Francisco established rent control and limits on condo conversions. The tenant movement has grown steadily stronger and more sophisticated, he said, as it had to in order to counter increasing economic and political pressures and creative gambits by landlords.

“The city has gentrified phenomenally since that time, and that’s put tremendous pressure on tenants and on condo conversions,” Gullicksen told us. “It continues to be a real struggle.”

Police reform was also a huge issue for Milk and his gay contemporaries, who suffered more than most groups from the behavior of thuggish cops protected by weak oversight rules and a powerful union. And today, the Police Officers Association is stronger and meaner than ever, but the oversight has improved little, as both the Guardian and San Francisco Chronicle have explored with investigations in recent years.

And in our public parks, San Francisco officials in recent years have banned smoking cigarettes, drinking alcohol, playing amplified music, and even gathering in large numbers without expensive, restrictive permits. Even in the Castro, where Milk and his allies took it as a basic right to gather in the streets, Newsom and the NIMBYs unilaterally cancelled Halloween celebrations and used police to chase away citizens with water trucks.

Is this really the city Harvey Milk was trying to create? In the film, he talks about transforming San Francisco into a vibrant, tolerant beacon that would set an example for the rest of the country, telling his compatriots, “We have got to give them hope.”

Well, with hope now making a comeback, perhaps San Francisco can finally follow Milk’s lead on the issues he cared about most.

>>Back to the Milk Issue

AG urges Supreme Court to review Prop 8

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California Attorney General Jerry Brown has urged the California Supreme Court to accept review of the legal challenges to Proposition 8 and promptly resolve “this matter of widespread concern.”

“Review by this Court is necessary to ensure uniformity of decision, finality and certainty for the citizens of California,” Brown wrote in a set of briefs that were filed with the Court today.

The AG’s recommendation comes on the heels of a weekend of anti-Prop. 8 protests nationwide, and less than two weeks after the City and County of San Francisco, the County of Santa Clara and the City of Los Angeles sued to invalidate Proposition 8, arguing that it“ intends to deprive gay and lesbian citizens of their fundamental right to marry in California.”

The speed of the AG’s response is further evidence that Prop. 8’s passage has brought the state to the brink of a constitutional crisis.

Typically, such matters are brought to lower courts before the Supreme Court hears the case. But as Brown argues, a stay, “would increase uncertainty related to marriages performed in California.”

“The constitutionality of the change created by Proposition 8 impacts whether same-sex marriages may issue in California and whether same-sex marriages from other states will be recognized here,” Brown wrote. “There is significant public interest in prompt resolution of the legality of Proposition 8.”

Brown also continues to maintain that “same-sex marriages performed between June 17 and November 4, 2008, remain valid and will be upheld by the Court,” according to a press release issued by his office today.

Brown’s request means the Supreme Court will consider taking up the matter at its Nov.19 closed session.

Legal insiders predict good news for same-sex marriage proponents if the Supreme Court decides to review Prop. 8, since this is the same Court that ruled on May 15, 2008 that banning same-sex marriage is unconstitutional.

If the state Supreme Court decides not to review the case, same-sex marriage supporters could pursue the case with the U.S. Supreme Court, or head back to the ballot box.

But, for now, all eyes are focused on the State Supreme Court and SF City Attorney Dennis Herrera.

As Herrera wrote the day after the November election, “If allowed to stand, Prop 8 so devastates the principle of equal protection that it endangers the fundamental rights of any potential electoral minority — even for protected classes based on race, religion, national origin and gender.”

With only 52 percent of voters supporting Prop. 8, Herrera further argued that the state Constitution’s equal protection provisions, “do not allow a bare majority of voters to use the amendment process to divest politically disfavored groups of constitutional rights.”

“Jesus was a homo!”

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By Marke B.

jesussatan2a.jpg

OK, now that I’ve got your attention by yelling the above, like the group Bash Back did in a sleepy Lansing, MI church last weekend — minus the giant upside-down pink cross — please join me at this amazingly huge international thingie below.

Join the Impact!
Protest Prop 8 at SF City Hall
(and at City Halls around the country and world)
10:30am – 1:30pm
Saturday, November 15, 2008
http://protest8sf.wordpress.com/
http://jointheimpact.com/

(Note to Bash Back — although I love my colorfully radical gay sisterhood, I’m not sure that screaming about Jesus penis in a Midwestern church is going to help us queers gain something as conservative as marriage in California or adoption in Arkansas. I could be wrong. Plus the whole us vs. religion-in-general thing is kind of unfashionable, sigh. )

noon8protestpostera.jpg

I just want to say here that currently the LGBTIQQLMNOP world is in delicious turmoil — as any community as diverse as ours should be. As of yesterday, we have legalized, available same sex marriage in Connecticut — and a new porn movie called Farts. We have silly conservative gays once again telling us that we’d be more acceptable to mainstream America if only we’d expunge those weird drag queens and writhing leathermen from our Pride parades — and a horrifyingly unrepentant new interview from underage-page-baiting conservative jerk Mark Foley (It’s ironic because he says he was abused by a Catholic priest! Prop 8 connections!).

There is an almost-unfabulous radical black dyke telling gay marriage supporters to go stuff it up their white asses in the Chronicle, and an almost-fabulous (yet disturbingly quasi-gynophobic) cheeky new ad campaign from the Gay Times in London intended to make straight men gay.

And just to add more heavens-to-betsy to everything, the “Join the Impact” No on Prop 8 protest listed above was organized by a furtive little e-mail in Seattle from one brave, beautiful soul. An e-mail is our international organizer!

Queers — always so viral.

Clean energy: the next moves

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EDITORIAL Pacific Gas and Electric Co., its political hacks, and to a great extent, the San Francisco Chronicle all seem to take the same line on the defeat of Proposition H: It’s done. The people have spoken. Public power has been on the ballot 11 times, and it’s never passed.

And — as is always the case with a losing campaign — supporters of the Clean Energy Act are discussing what went wrong, looking at how the measure was written, the details, the language, the scope to see if there was something that could have been done differently.

But that ignores the central reality of the campaign for Prop. H: PG&E spent nearly $10.3 million to kill it. And it’s very, very hard to fight that kind of money.

The truth is, there was nothing wrong with the language or scope of Prop. H. If it had passed, it would have given the city the tools to create a sustainable energy portfolio that would be the envy of the nation. In fact, there is little doubt that the Clean Energy Act was well ahead in the polls when it was first placed on the ballot.

But as we’ve seen with so many races over time (and as we saw with Proposition 8 this fall) when a ballot measure it becomes a citywide or statewide race, big money has a serious impact. And we’ve never seen this kind of money in a San Francisco initiative campaign. In the end, PG&E spent about $53 per vote. That’s an outrageous sum, dwarfing any political spending that’s ever happened in San Francisco

Yet despite the barrage, the Clean Energy Act got tremendous grassroots and political support. Clean Energy has a strong constituency in San Francisco, including from the Sierra Club, and the power of this campaign won’t go away. Despite the efforts of downtown and PG&E, progressives still control the Board of Supervisors. Three of the city’s four representatives in Sacramento — Senator-elect Mark Leno, Assembly Member Fiona Ma and Assembly Member-elect Tom Ammiano — supported the legislation and will continue to back efforts to replace PG&E’s dirty power with locally- owned renewable energy. PG&E has money but it’s running out of friends in this town — and its illegal monopoly is the very definition of unsustainable.

There’s now an organized constituency for clean energy and public power, seasoned by this campaign and ready to continue the battle. That’s what needs to happen. There are numerous fronts: the city needs to be moving forward quickly with community choice aggregation, which offers the potential for cheaper, cleaner power. (The downside to CCA is that it doesn’t allow the city to make money; PG&E would still own the transmission lines, and thus make all the profits in the system.) Potentially, however, a CCA agency could begin moving toward creating local generation facilities and eventually toward building a local transmission system. A CCA also could directly access the city’s own Hetch Hetchy power and begin delivering it to local customers (once San Francisco can get out of the contracts requiring it to send too much of that power out of town).

The supervisors need a strong Local Agency Formation Commission to keep monitoring and pushing this, and the new board president needs to be sure LAFCO members are committed to and energized about renewable energy and public power.

Several supervisors — Sean Elsbernd, for example — told us they saw no reason for Prop. H to be on the ballot since so much of what it called for could be done by the board. Fine: Sup. Ross Mirkarimi, one of the authors of Prop. H, should immediately introduce legislation to do everything in Prop. H that doesn’t require a city charter change. Let’s see if Elsbernd and the mayor are really just PG&E call-up votes or if they’re willing to support an energy options feasibility study and strong renewable-energy mandates for the city.

And there are still legal options that the board should look at. City Attorney Dennis Herrera never wanted to go to court to enforce the Raker Act, the federal law requiring San Francisco to operate a public power system, but that’s an area the board can push. David Campos, the apparent supervisor-elect in District 9, is a lawyer who has worked in the city attorney’s office and sued PG&E, so this is an area where he can show leadership.

The bottom line is that this battle isn’t over.

There were other disappointments on what was generally a progressive ballot. Proposition V — the phony measure calling on the school board to reinstate JROTC — passed, narrowly. It was mostly a wedge issue to hurt progressive candidates for supervisor, and has been a horribly divisive issue in the schools. The school board, which cut off JROTC last year, is now pushing for an excellent public service alternative and doesn’t need to go back and reexamine the issue. JROTC is a terrible idea for San Francisco, and the newly elected board members shouldn’t even bring this up again.

Of course we were deeply unhappy about the passage of Prop. 8. The repeal of same-sex marriage was such a blow to San Francisco that it dampened a lot of the enthusiasm over the Obama victory. But that one’s not over, either; it has just begun. Statistics show that voters under 30 overwhelmingly support same-sex marriage — and if the campaign is run differently, and the message is positive, it’s likely that Prop. 8 can be overturned. Marriage equality advocates should think seriously about preparing now for a major campaign in November 2010 to restore equal rights for same-sex couples in California.

Why we waited — too long

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OPINION The California Supreme Court’s landmark ruling in May finally allowed same-sex couples their constitutional rights to marry. This was justice for the 4,000 same-sex couples issued marriage licenses in San Francisco from Feb. 12 to March 11, 2004. We were lucky to be one of those couples — but within five months the courts had voided all 4,000 licenses. I marched with hundreds to City Hall that day and angrily waved my nullified marriage license in the air. Del Martin and Phyllis Lyon provided a balm, saying with a laugh, "Oh well, guess we have to go back to living in sin."

Over the past four years, we’ve continued to wear our rings and celebrate our wedding anniversary. When the County Clerk’s office offered us a refund for our marriage license, we requested the refund go toward the city’s legal battle over same-sex marriage. It appeared that San Francisco had won that battle on May 20, 2008.

But we decided not to remarry until after the November election, when we would know if California agreed with the state Supreme Court. Attorney General Jerry Brown assured us that these wedding licenses could not be voided, but the memory of seeing couples in tears on March 12, 2004, when we had just been married the day before, was reason enough to wait.

In our hearts, we knew that Proposition 8 was likely to pass; since 1980 we have witnessed California consistently shoot itself in the foot by voting for petition-driven propositions.

In the past three months, one of us has devoted nearly 60 hours in an effort to defeat Prop. 8. The irony is that back in January, Troy was precinct captain for Obama in the California primary. He most likely talked to a good portion of voters out in the Sunset District who voted in favor of Prop. 8. And while the Mormon Church funded most of the Yes on 8 campaign, it is now clear that their message got through to many of California’s minorities, who turned out in record numbers to vote for Barack Obama. The No on 8 campaign should have targeted those communities; instead it only showed white people in its television ads. Now we are the ones with a dream deferred.

Marriage was not something we always believed in. When you’re used to outsider status, sometimes you learn to roll with the injustices perpetrated upon you. When Mayor Gavin Newsom and the city offered us a taste of it back in 2004, it didn’t take much to realize how much we were missing. The marriage itself was one of the best days of our lives, and having it voided was a very, very bitter feeling I won’t soon forget.

To those of you so motivated to vote for Prop. 8, we can simply tell you this: in a world of massive problems, of great economic and environmental woes we are only now beginning to feel acutely, can we bring it upon ourselves to actually join together with all of our brothers and sisters and confront all hatred with an idea of a greater social good? Can we imagine a world where our children aren’t judged by the gender of the ones they love, but by the content of their character?

Yes we can.

Victor Krummenacher is a musician and contributing designer for Wired magazine. Troy Gaspard is a surly activist and frugal trader.

The people’s election

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› news@sfbg.com

By midnight Nov. 4, the drama was long over: John McCain had conceded, Barack Obama had delivered his moving victory speech — declaring that “change has come to America” — and the long national nightmare of the Bush years was officially headed for the history books.

But in San Francisco, the party was just getting started.

Outside of Kilowatt, on 16th Street near Guerrero, the crowd of celebrants was dancing to the sounds of a street drummer. In the Castro District, a huge crowd was cheering and chanting Obama’s name. And on Valencia and 19th streets, a spontaneous outpouring of energy filled the intersection. Two police officers stood by watching, and when a reporter asked one if he was planning to try to shut down the celebration and clear the streets, he smiled. “Not now,” he said. “Not now.”

Then, out of nowhere, the crowd began to sing: O say can you see /By the dawn’s early light …

It was a stunning moment, as dramatic as anything we’ve seen in this city in years. In perhaps the most liberal, counterculture section of the nation’s most liberal, counterculture city, young people by the hundreds were proudly singing The Star Spangled Banner. “For the first time in my life,” one crooner announced, “I feel proud to be an American.”

Take that, Fox News. Take that Sean Hannity and Rush Limbaugh and Sarah Palin and the rest of the right-wing bigots who have tried to claim this country for themselves. On Nov. 4, 2008, progressives showed the world that we’re real Americans, too, proud of a country that has learned from its mistakes and corrected its course.

President Obama will let us down soon enough; he almost has to. The task at hand is so daunting, and our collective hopes are so high, that it’s hard to see how anyone could succeed without a few mistakes. In fact, Obama already admitted he won’t be “a perfect president.” And when you get past the rhetoric and the rock star excitement, he’s taken some pretty conservative positions on many of the big issues, from promoting “clean coal” and nuclear power to escautf8g the war in Afghanistan.

But make no mistake about it: electing Barack Obama was a progressive victory. Although he never followed the entire progressive line in his policy positions, he was, and is, the creature of a strong progressive movement that can rightly claim him as its standard-bearer. He was the candidate backed from the beginning by progressives like Supervisors Chris Daly and Ross Mirkarimi (a Green). And only after his improbable nomination did moderates like Mayor Gavin Newsom and Sen. Dianne Feinstein jump on the bandwagon.

From the start, the young, activist, left wing of the Democratic Party was the driving force behind the Obama revolution. And while he has always talked to the Washington bigwigs — and will populate his administration with many of them — he would never have won without the rest of us. And that’s a fact of political life it will be hard for him to ignore, particularly if we don’t let him forget it.

For a few generations of Americans — everyone who turned 18 after 1964 — this was the first presidential election we’ve been able to get truly excited about. It was also the first presidential election that was won, to a significant extent, on the Internet, where progressive sites like dailykos.com raised millions of dollars, generated a small army of ground troops, and drove turnout in both the primaries and the general election. The movement that was built behind Obama can become a profound and powerful force in American politics.

So this was, by any reasonable measure, the People’s Election. And now it’s the job of the people to keep that hope — and that movement — alive, even when its standard-bearer doesn’t always live up to our dreams.

The evidence that this was the People’s Election wasn’t just at the national level. It showed up in the results of the San Francisco elections as well.

This was the election that would demonstrate, for the first time since the return of district elections, whether a concerted, well-funded downtown campaign could trump a progressive grassroots organizing effort. Sure, in 2000, downtown and then-Mayor Willie Brown had their candidates, and the progressives beat them in nearly every race. But that was a time when the mayor’s popularity was in the tank, and San Franciscans of all political stripes were furious at the corruption in City Hall.

“In 2000, I think a third of the votes that the left got came from Republicans,” GOP consultant Chris Bowman, who was only partially joking, told us on election night.

This time around, with the class of 2000 termed out, a popular mayor in office and poll numbers and conventional wisdom both arguing that San Franciscans weren’t happy with the current Board of Supervisors (particularly with some of its members, most notably Chris Daly), many observers believed that a powerful big-money campaign backing some likable supervisorial candidates (with little political baggage) could dislodge the progressive majority.

As late as the week before the election, polls showed that the three swings districts — 1, 3, and 11 — were too close to call, and that in District 1, Chamber of Commerce executive Sue Lee could be heading for a victory over progressive school board member Eric Mar.

And boy, did downtown try. The big business leaders, through groups including the Committee on Jobs, the Chamber, the Association of Realtors, Plan C, the newly-formed Coalition for Responsible Growth, and the Building Owners and Managers Association, poured more than $630,000 into independent expenditures smearing progressive candidates and promoting the downtown choices. Newsom campaigned with Joe Alioto, Jr. in District 3 and Ahsha Safai in District 11. Television ads sought to link Mar, John Avalos, and David Chiu with Daly.

Although the supervisors have no role in running the schools, the Republicans and downtown pushed hard to use a measure aimed at restoring JROTC to the city’s high schools as a wedge against the progressives in the three swing districts. They also went to great lengths — even misstating the candidates’ positions — to tar Mar, Chiu, and Avalos with supporting the legalization of prostitution.

And it didn’t work.

When the votes were counted election night, it became clear that two of the three progressives — Avalos and Chiu — were headed for decisive victories. And Mar was far enough ahead that it appeared he would emerge on top.

How did that happen? Old-fashioned shoe leather. The three campaigns worked the streets hard, knocking on doors, distributing literature, and phone banking.

“I’ve been feeling pretty confident for a week,” Avalos told us election night, noting his campaign’s strong field operation. As he knocked on doors, Avalos came to understand that downtown’s attacks were ineffective: “No one bought their horseshit.”

A few weeks earlier, he hadn’t been so confident. Avalos said that Safai ran a strong, well-funded campaign and personally knocked on lots of doors in the district. But ultimately, Avalos was the candidate with the deepest roots in the district and the longest history of progressive political activism.

“This is really about our neighborhood,” Avalos told us at his election night party at Club Bottom’s Up in the Excelsior District. “It was the people in this room that really turned it around.”

The San Francisco Labor Council and the tenants’ movement also put dozens of organizers on the ground, stepping up particularly strongly as the seemingly coordinated downtown attacks persisted. “It was, quite literally, money against people, and the people won,” Labor Council director Tim Paulson told us.

Robert Haaland, a staffer with the Service Employees International Union and one of the architects of the campaign, put it more colorfully: “We ran the fucking table,” he told us election night. “It’s amazing — we were up against the biggest downtown blitz since district elections.”

The evidence suggests that this election was no anomaly: the progressive movement has taken firm hold in San Francisco, despite the tendency of the old power-brokers — from Newsom to downtown to both of the city’s corporate-owned daily newspapers — to try to marginalize it.

Political analyst David Latterman of Fall Line Analytics began the Nov. 5 presentation at the San Francisco Planning and Urban Research Association election wrap-up by displaying an ideologically-coded map of San Francisco, drawing off of data from the Progressive Voter Index that he developed with San Francisco State University political science professor Rich de Leon. The PVI is based on how San Francisco residents in different parts of the city vote on bellwether candidates and ballot measures.

“Several of the districts in San Francisco discernibly moved to the left over the last four to eight years,” Latterman told the large crowd, which was made up of many of San Francisco’s top political professionals.

The two supervisorial districts that have moved most strongly toward the progressive column in recent years were Districts 1 (the Richmond) and 11 (the Excelsior), which just happened to be two of the three swing districts (the other being District 3–North Beach and Chinatown) that were to decide the balance of power on the Board of Supervisors this election.

Latterman said Districts “1, 3, and 11 went straight progressive, and that’s just the way it is.”

In fact, in many ways, he said this was a status-quo election, with San Francisco validating the progressive-leaning board. “A lot of people in the city didn’t see it as a chance for a drastic change citywide.”

In other words, keeping progressives in City Hall has become a mainstream choice. Whatever downtown’s propaganda tried to say, most San Franciscans are happy with a district-elected board that has brought the city a living-wage law and moved it a step toward universal health insurance.

The fate of the local ballot measures was another indication that Newsom, popular as he might be, has little ability to convince the voters to accept his policy agenda.

Voters rejected efforts by Newsom to consolidate his power, rejecting his supervisorial candidates, his Community Justice Center (as presented in Measure L), and his proposed takeover of the Transportation Authority (soundly defeating Proposition P) while approving measures he opposed, including Propositions M (protecting tenants from harassment) and T (Daly’s guarantee of substance abuse treatment on demand).

Asked about it at a post-election press conference, Newsom tried to put a positive spin on the night. “Prop. A won, and I spent three years of my life on it,” he said. “Prop B. was defeated. Prop. O, I put on the ballot. I think it’s pretty small when you look at the totality of the ballot.” He pointed out that his two appointees — Carmen Chu in District 4 and Sean Elsbernd in District 7 — won handily but made no mention of his support for losing candidates Lee, Alicia Wang, Alioto, Claudine Cheng, and Safai.

“You’ve chosen two as opposed to the totality,” Newsom said of Props. L and P. “Prop. K needed to be defeated. Prop. B needed to be defeated.”

Yet Newsom personally did as little to defeat those measures as he did to support the measures he tried to claim credit for: Measures A (the General Hospital rebuild bond, which everyone supported) and revenue-producing Measures N, O, and Q. In fact, many labor and progressives leaders privately grumbled about Newsom’s absence during the campaign.

Prop. K, which would have decriminalized prostitution, was placed on the ballot by a libertarian-led signature gathering effort, not by the progressive movement. And Prop. B, the affordable housing set-aside measure sponsored by Daly, was only narrowly defeated — after a last-minute attack funded by the landlords.

All three revenue-producing measures won by wide margins. Prop. Q, the payroll tax measure, passed by one of the widest margins — 67-33.

Latterman and Alex Clemens, owner of Barbary Coast Consulting and the SF Usual Suspects Web site, were asked whether downtown might seek to repeal district elections, and both said it didn’t really matter because people seem to support the system. “I can’t imagine, short of a tragedy, district elections going anywhere,” Latterman said.

Clemens said that while downtown’s polling showed that people largely disapprove of the Board of Supervisors — just as they do most legislative bodies — people generally like their district supervisor (a reality supported by the fact that all the incumbents were reelected by sizable margins).

“It ain’t a Board of Supervisors, it is 11 supervisors,” Clemens said, noting how informed and sophisticated the San Francisco electorate is compared to many other cities. “When you try to do a broad-based attack, you frequently end up on the wrong end (of the election outcome).”

We had a bittersweet feeling watching the scene in the Castro on election night. While thousands swarmed into the streets to celebrate Obama’s election, there was no avoiding the fact that the civil-rights movement that has such deep roots in that neighborhood was facing a serious setback.

The Castro was where the late Sup. Harvey Milk started his ground-breaking campaign to stop the anti-gay Briggs Initiative in 1978. Defying the advice of the leaders of the Democratic Party, Milk took on Briggs directly, debating him all over the state and arguing against the measure that would have barred gay and lesbian people from teaching in California’s public schools.

The defeat of the Briggs Initiative was a turning point for the queer movement — and the defeat of Prop. 8, which seeks to outlaw same-sex marriage, should have been another. Just as California was the most epic battle in a nationwide campaign by right-wing bigots 30 years ago, anti-gay marriage measures have been on the ballot all over America. And if California could have rejected that tide, it might have taken the wind out of the effort.

But that wasn’t to be. Although pre-election polls showed Prop. 8 narrowly losing, it was clear by the end of election night that it was headed for victory.

Part of the reason: two religious groups, the Catholics and the Mormons, raised and spent some $25 million to pass the measure. Church-based groups mobilized a reported 100,000 grassroots volunteers to knock on doors throughout California. Yes on 8 volunteers were as visible in cities throughout California as the No on 8 volunteers were on the streets of San Francisco, presenting a popular front that the No on 8 campaign’s $35 million in spending just couldn’t counter — particularly with so many progressive activists, who otherwise would have been walking precincts to defeat Prop. 8, fanned out across the country campaigning for Obama.

“While we knew the odds for success were not with us, we believed Californians could be the first in the nation to defeat the injustice of discriminatory measures like Proposition 8,” a statement on the No on Prop. 8 Web site said. “And while victory is not ours this day, we know that because of the work done here, freedom, fairness, and equality will be ours someday. Just look at how far we have come in a few decades.”

San Francisco City Attorney Dennis Herrera, joined by Los Angeles City Attorney Rocky Delgadillo and Santa Clara County Counsel Ann C. Raven, filed a legal challenge to Prop. 8, arguing that a ballot initiative can’t be used to take away fundamental constitutional rights.

“Such a sweeping redefinition of equal protection would require a constitutional revision rather than a mere amendment,” the petition argued.

“The issue before the court today is of far greater consequence than marriage equality alone,” Herrera said. “Equal protection of the laws is not merely the cornerstone of the California Constitution, it is what separates constitutional democracy from mob rule tyranny. If allowed to stand, Prop. 8 so devastates the principle of equal protection that it endangers the fundamental rights of any potential electoral minority — even for protected classes based on race, religion, national origin, and gender.”

That may succeed. In fact, the state Supreme Court made quite clear in its analysis legalizing same-sex marriage that this was a matter of fundamental rights: “Although defendants maintain that this court has an obligation to defer to the statutory definition of marriage contained in [state law] because that statute — having been adopted through the initiative process — represents the expression of the ‘people’s will,’ this argument fails to take into account the very basic point that the provisions of the California Constitution itself constitute the ultimate expression of the people’s will, and that the fundamental rights embodied within that Constitution for the protection of all persons represent restraints that the people themselves have imposed upon the statutory enactments that may be adopted either by their elected representatives or by the voters through the initiative process.

As the United States Supreme Court explained in West Virginia State Board of Education vs. Barnette (1943) 319 U.S. 624, 638: ‘The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One’s right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.'”

As Board of Supervisors President Aaron Peskin told the Guardian later that week: “Luckily, we have an independent judiciary, because the voters of California have mistakenly taken away a class of civil rights.”

But if that legal case fails, this will probably wind up on the state ballot again. And the next campaign will have to be different.

There already have been many discussions about what the No on 8 campaign did wrong and right, but it’s clear that the queer movement needs to reach out to African Americans, particularly black churches. African Americans voted heavily in favor of Prop. 8, and ministers in many congregations preached in favor of the measure.

But there are plenty of black religious leaders who took the other side. In San Francisco the Rev. Amos Brown, who leads the Third Baptist Church, one of the city’s largest African American congregations, spoke powerfully from the pulpit about the connections between the civil rights struggles of the 1960s and the fight for same-sex marriage.

The next time this is on the ballot, progressive and queer leaders will need to build a more broad-based movement. That is not only possible, but almost inevitable.

The good news — and it’s very good news — is that (as Newsom famously proclaimed) same-sex marriage is coming, whether opponents like it or not. That’s because the demographics can’t be denied: the vast majority of voters under 30 support same-sex marriage. This train is going in only one direction, and the last remaining issue is how, and when, to make the next political move.

The progressives didn’t win everything in San Francisco. Proposition H, the Clean Energy Act, was taken down by one of the most high-priced and misleading campaigns in the city’s history. Pacific Gas and Electric Co. spent more than $10 million telling lies about Prop. H, and with the daily newspapers virtually ignoring the measure and never challenging the utility’s claims, the measure went down.

“This was a big, big, big money race,” Latterman said. “In San Francisco, you spend $10 million and you’re going to beat just about anything.”

But activists aren’t giving up on pushing the city in the direction of more renewable energy (see Editorial).

Latterman said the narrow passage of Prop. V, which asked the school board to consider reinstating JROTC, wasn’t really a victory. “I would not call this a mandate. I worked with the campaign, and they weren’t looking for 53 percent. They were looking for 60-plus percent,” Latterman said. “I think you’ll see this issue just go away.”

Neither Latterman nor Clemens would speculate on who the next president of the Board of Supervisors will be, noting that there are just too many variables and options, including the possibility that a newly elected supervisor could seek that position.

At this point the obvious front-runner is Ross Mirkarimi, who not only won re-election but received more votes than any other candidate in any district. Based on results at press time, more than 23,000 people voted for Mirkarimi; Sean Elsbernd, who also had two opponents, received only about 19,000.

Mirkarimi worked hard to get Avalos, Chiu, and Mar elected, sending his own volunteers off to those districts. And with four new progressives elected to the board, joining Mirkarimi and veteran progressive Chris Daly, the progressives ought to retain the top job.

Daly tells us he won’t be a candidate — but he and Mirkarimi are not exactly close, and Daly will probably back someone else — possibly one of the newly elected supervisors.

“It’s going to be the most fascinating election that none of us will participate in,” Clemens said.

The danger, of course, is that the progressives will be unable to agree on a candidate — and a more moderate supervisor will wind up controlling committee appointments and the board agenda.

One of the most important elements of this election — and one that isn’t being discussed much — is the passage of three revenue-generating measures. Voters easily approved a higher real-estate transfer tax and a measure that closed a loophole allowing law firms and other partnerships to avoid the payroll tax. Progressives have tried to raise the transfer tax several times in the past, and have lost hard-fought campaigns.

That may mean that the anti-tax sentiment in the city has been eclipsed by the reality of the city’s devastating budget problems. And while Newsom didn’t do much to push the new tax measures, they will make his life much easier: the cuts the city will face won’t be as deep thanks to the additional $50 million or so in revenue.

It will still be a tough year for the new board. The mayor will push for cuts that the unions who supported the newly elected progressives will resist. A pivotal battle over the city’s future — the eastern neighborhoods rezoning plan — will come before the new board in the spring, when the recent arrivals will barely have had time to move into their offices.

Obama, of course, will face an even tougher spring. But progressives can at least face the future knowing that not only could it have been a lot worse; for once things might be about to get much better.

Amanda Witherell and Sarah Phelan contributed to this report.

Editor’s Notes

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The Castro District on election night was filled with joy and excitement as people poured out into the streets to celebrate the Obama victory. Three nights later, the streets were filled with people protesting, not reveling. That was the weird thing about being a San Franciscan this past week: we won a world-changing victory in the presidential race, and won most of the key races locally — but on same-sex marriage, we lost.

There are plenty of reasons for that, and we talk about some of them in this issue. There have been protests at Mormon churches and at some Catholic churches, as there should be, since those two religious groups raised most of the Yes on Proposition 8 money. (And can you imagine how many low-income Catholic-school kids could have been educated and how many hungry people could have been fed for the more than $25 million these folks spent trying to keep people from getting married?)

But if San Francisco really wants a poster boy for the attack on same-sex marriage, a local symbol of bigotry, he’s right in front of us: Archbishop George Niederauer.

Now, if you’re a Catholic archbishop, you kind of have to accept the church’s dogma, which says that marriage is a sacrament that can only be bestowed on a man and a woman. Whatever — he can believe and preach what he wants.

But if you’re the archbishop of San Francisco, you don’t have to mount a major political campaign against same-sex marriage. You could decide to use the church’s influence and money helping the poor, for example, which is pretty much what Jesus did. I might have missed that lesson in Catholic school, but I don’t remember the Big J ever saying a word about gay marriage.

Instead, Niederauer and his colleagues made Prop. 8 a huge issue. A flyer produced by the archbishop and handed out widely contained some glaring, inaccurate homophobic crap, including this: "If the Supreme Court ruling stands, public schools may have to teach children that there is no difference between traditional marriage and ‘gay marriage.’"

That infuriated Matt Dorsey, a gay Catholic who is active in Most Holy Redeemer Church. "Far worse than mere falsehood," he said, "is that the claim deliberately plays to the most hateful, vicious stereotypes and fears about gays and lesbians — that they are out to recruit (and perhaps even seduce) children."

Dorsey told me that this was part of a clear political campaign. "I would argue that the Catholic bishops in California made a cold, calculated, Karl Rovian decision that they were going to put a lot of skin in the game, so to speak, to beat gays and lesbians," he said, "even to the exclusion of prevailing on, say, Prop. 4 about parental notification for abortion. One would assume abortion is still opposed by Catholic bishops, right? Well, one would hardly have known it by this election. Gays and lesbians were the archbishop’s enemy this year, and abortion got a pass."

Again: I don’t expect the Catholic church to change its position and start marrying same-sex couples, not any time soon, anyway. And Niederauer can’t be expected to openly break with the Vatican. But for the archbishop of a city like San Francisco — a church leader who has a surprising number of queers and same-sex couples in his flock — to put so many resources into going after people with such an un-Christian hatred was over-the-top unnecessary. And by the way, this guy never talks to the press and won’t return my phone calls.

The good news, of course, is that the archbishop and his colleagues are on the losing side of history. Catholics voted for Prop. 8 by a 64 percent margin — but people under 30 (of all faiths and ethnic groups) voted against it by about the same percentage. Same-sex marriage is going to be part of the nation’s future, whether Niederauer likes it or not.

CFAC: Court did its job on Prop. 8

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By Peter Scheer

Although its name did not even appear on the ballot, the California Supreme Court was perhaps the state’s biggest loser in Tuesday’s historic elections. The voters’ narrow approval of Proposition 8 effectively reverses the high court’s controversial decision earlier this year, which extended the right to marry to same-sex couples.

The court knew the risks. The statute it declared unconstitutional in In re Marriage Cases was itself the result of a statutory state ballot initiative in 2000. In overturning that assertion of popular will, the court no doubt realized it was setting the stage for a further confrontation in which opponents of gay marriage would try to override the court’s decision through the initiative process, this time amending the state constitution.

Critics will say that Chief Justice Ron George’s Supreme Court is guilty of overreaching – that, by interceding in a political and cultural struggle, the court has suffered a loss of prestige and
institutional authority. But while it’s clear, in hindsight, that the George court miscalculated the depth of opposition to gay marriage in the blue state of California, that does not mean the court’s landmark decision in In re Marriage Cases was a mistake.

For one thing, California’s gay-marriage battle is not over. Proposition 8 is still subject to challenge under the U.S. Constitution for, among other things, its selective cancellation of a
previously granted substantive right. Although a decision founded in federal law would be subject to review in the U.S. Supreme Court, there is no certainty the federal high court would elect to decide the case – or, if it did, that it would end up sustaining Proposition 8.

Proposition 8 is also subject to challenge under the California Constitution, even though the proposition is itself a constitutional amendment. This is so because, although the voters can, through the initiative process, add language to the constitution, it is the responsibility of the California Supreme Court to interpret new constitutional language – and, where necessary, to reconcile it with other, equally valid yet potentially conflicting, constitutional directives.

In the latter category is the most important aspect of In re Marriage Cases: the George court’s decision to analyze legal classifications based on sexual preference under the same rigorous standard of “strict scrutiny” usually reserved for classifications based on race, religion or ethnicity. This portion of the court’s decision is not altered by Proposition 8, and it will be front and center in any litigation against Proposition 8 under state law. While the courts can’t void Proposition 8 on this basis, applying strict scrutiny to Proposition 8’s language is likely to yield a prohibition against gay marriage that is much weaker than the measure’s authors and
supporters intended.

But even if the state Supreme Court takes neither of these paths, leaving Proposition 8 intact (at least until a new electoral majority, in another ballot initiative, repeals it), the court is to be applauded for attempting to resolve a pressing social question – whether to allow gays and lesbians to marry – that the other branches of government had proved incapable of addressing.

In this area and others, it falls to the George court to fill a widening governance gap created by a Legislature that is paralyzed by political divisions and a governor who, despite Arnold
Schwarzenegger’s forceful personality, has little real power compared with other chief executives. (Imagine a federal government in which the attorney general and other top executive branch officials are not appointed by, or answerable to, the president.)

When elected representatives don’t act, the people do, taking the law into their own hands through ballot initiatives, Proposition 8 being only the most recent major example. In this process of direct democracy, an assertive, even activist, Supreme Court is necessary to guard against excesses and to protect the rights of groups disfavored by the majority.

It was in this capacity that the George court, to its credit, issued its decision in In re Marriage Cases, establishing a constitutionally based right to same-sex marriage. Although Proposition 8 is clearly a setback for the court, the damage done to the court’s authority, while considerable, will not be permanent.

===
Peter Scheer, a lawyer and journalist, is executive director of the
California First Amendment Coalition, www.cfac.org.

A coupla sobering moments

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By Tim Redmond

WIth all the celebrating going on, it’s worth noting that Prop. B — the affordable housing measure — is still too close to call, and Prop. 8 — the attack on same-sex marriage — is still ahead.

And there are still 100,000 absentee ballots to be counted in San Francisco.

Election day luncheon in SF

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Former Mayor Willie Brown, with luncheon co-hosts Angelo Quaranta (left) and Alex Clemens (right) behund.

By Steven T. Jones

I ran into Willie Brown as we were both headed into today’s Election Day luncheon at the California Culinary Academy – a two-decade-long tradition hosted by political power brokers Angelo Quaranta and the late Bob McCarthy (with Alex Clemens now stepping into that host role) – and asked for his electoral predictions.

“There’ll be no surprises,” Brown told me, “not a one.”

I took that as a hopeful sign that Barack Obama will win the presidency by an electoral landslide and Democrats will add significantly to their congressional majorities, but it didn’t tell me much about tonight’s nail biters, including the fate of the same sex marriage Proposition 8 or the balance of power on the Board of Supervisors.

Inside, many of the political luminaries expressed real anxiety over Prop. 8, including Sen. Dianne Feinstein, who warned Brown and the media against any early Obama victory parties that might hurt Prop. 8, the high-speed rail bond measure Prop. 1A, or the other crucial measures that need every Obama supporter they can muster.

Prop 8: Through the big gay window

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If you liked it, then you should have put a ring on it …

So. All my gay friends, even the “radical” ones, it appears, are getting married — before Nov. 4, when Prop 8 just might pass, and the window may close for good on same-sex marriage. AG Jerry Brown has indicated that the marriages performed before then would still be considered valid, as the Chron reported. Hey, Matier & Ross, I’m expecting your penis-lily-embossed announcement any minute.

I’ve received no less than 12 frantic invites to hastily assembled same-sex weddings (although one couple took the time to register at Barney’s — Vera Wang crystalware, pshaw!). Is this the real case for how Prop 8 actually destroysl marriage — forcing people, shotgun-style, into perhaps-unthought-through unions? I jest, maybe. But the trend appears also a bit, er, defeatist in my book. Although of course I wish the happy couples, and their makeshift receptions at the Powerhouse, all the best!

Still, despite all the blackmail, violence, foaming at the mouth, Blackwater connections and rampant Mormonism, we can still beat this thing. Please give to or volunteer for No on 8 today — before I have to shoulder the costs of another seafoam and salmon crinoline-encrusted bridesmaid dress! No one makes me wear crinoline in October ….

The wonders of the Bible

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This morning’s Chronicle has an article about religious supporters of Prop. 8, and it included a chart of Bible verses that relate to homosexuality. Matthai Kuruvila, the Chron’s religion writer, tried desperately to be “objective” about what both sides say on the issue. She quotes Leviticus 20:13, for example:

“If a man lies with a man as one lies with a woman, both of them have done what is detestable. They must be put to death; their blood will be on their own heads.”

According to the religious right, she says, “The injunction against homosexuality is timeless law, though Jesus changed penalties for sin.” (And thank God for that — it seems as if Jesus had some good reasons to oppose the death penalty.) The other side says “Times have changed, and the verses applied to those times only.”

Ya know … I grew up in the Catholic Church, and I realize my school was run by the Carmelites and my parents’ friends were Jesuits and it was, after all, the Sixies … but nobody, not even the priests, took the Bible at its literal word. When I asked one of the nuns during science class how God could have created the world in seven days and she said “don’t worry about that, honey, God’s time is a little different from our time.”

So in that spirit, I thought I would quote a few of my favorite Bible verses that demonstrate how utterly silly it is to believe that this particular collection of writings has any relevance to the discussion of same-sex marriage.

There’s loads more at Thebricktestament, one of my favorite Biblical sites.

Same-sex marriage good for the economy

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The opponents of same-sex marraige have raised $25 million. That’s amazing: $25 million to stop people from getting married.

But apparently, it’s working. The Newsom ad has been effective, and now No on 8 folks are issuing a wake-up call to their supporters.

In the meantime, I really like the Sonoma State University study that shows how same-sex marriage is good for the economy. Sonoma County alone could see $112 million in benefits.

More jobs, more money into the economy in a depression … and these nut cases are spending $25 million to stop it?

Endorsements 2008: State ballot measures

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STATE BALLOT MEASURES

Proposition 1A

High-speed rail bond

YES, YES, YES


California hasn’t taken on a major improvement to its public infrastructure in several generations, the last significant one being the construction of the California State Water Project back in the 1950s. But with the state’s growing population and the travel penchant of its citizens, there will be dire consequences to ignoring the need for more and better transportation options.

The state has been studying and planning for the creation of a high-speed rail system for more than 10 years, and this is the moment for voters to make it a reality.

Proposition 1A is a $9.95 billion bond measure. Combined with contributions from the federal government and private sector, the measure would fund the first leg of a system that would eventually stretch from Sacramento to San Diego. The train would carry people from downtown San Francisco to downtown Los Angeles in 2.5 hours for just $55.

The benefits are overwhelming. High-speed rail works well in Asia and Europe, on a fraction of the energy used by cars and planes and with almost no emissions. The system is projected to pay for itself within 20 years and then be a source of revenue for the state. And it would make trips directly from one city core to another, facilitating tourism and business trips without clogging our roads.

Unfortunately, the costs of not approving this measure are also huge: more congestion for road and air travelers, more freeway lanes, larger airports, dirtier air, and increased greenhouse-gas emissions. Building a high-speed rail system is something California can’t afford not to do. Vote yes.

Proposition 2

Farm animal protections

YES


It’s hard to argue against a proposal that would allow farm-raised animals to stand up, lie down, and move around in their enclosures. This is a step in the direction of more humane treatment of animals; plenty of organic farms already comply, and the milk, meat, and eggs they produce are healthier for both humans and animals.

According to big agricultural companies and the operators of factory farms, a vote for Proposition 2 is a vote for an avian influenza outbreak, the spread of food-borne illnesses like salmonella, huge job losses, and even increased global warming. But we find it hard to believe that simply permitting creatures like veal calves, breeding pigs, and egg-laying hens to stretch their limbs and turn around will cause these Chicken Little predictions to come true. Vote yes on Prop. 2.

Proposition 3

Children’s hospital bonds

NO


This one sounds great unless you stop to think about it. Proposition 3 would provide more money for hospitals that care for sick children, which seems fine. But a lion’s share of almost $1 billion in public bond money would go to private children’s hospitals for capital improvements. While 20 percent of the cash would be tabbed for public institutions like the five University of California–run hospitals, the other 80 percent would go to places like Lucile Salter Packard Children’s Hospital at Stanford. We don’t discount the valuable work these hospitals do. But many of them have sizable endowments and ample resources to fund improvements on their own — especially since voters approved $750 million in children’s hospital bond money just four years ago. Why is the state, which is broke, giving public money to private hospitals? Vote no on Prop. 3.

Proposition 4

Parental notification and wait period for abortion

NO, NO, NO


This measure was horrible when it was on the ballot twice before, in 2005 and in 2006, and it’s still horrible now. If passed, it would require doctors to notify parents of minors seeking abortions, make teenagers wait 48 hours after the notification is made before undergoing the abortion, penalize doctors who don’t abide by the rule, and make kids go through a court process to get a waiver to the law. The doctors would have to hand-deliver the notice or send it by certified mail.

Proponents have spun this as a way to "stop child predators," a baseless claim, as teenage victims of predators seeking abortions are still victims of predators whether their parents know or not. Opponents say it’s a dangerous law that will drive more kids seeking abortions underground and do nothing to truly improve family relations. This proposal represents another erosion of abortion rights.

The last two attempts to require parental notification were narrowly defeated — but this time, with so much else on the ballot, it’s attracting less attention, and polls show it might pass.

Big funders backing the measure are San Diego Reader publisher James Holman and Sonoma-based winery owner Don Sebastiani, who have collectively spent more than $2 million supporting it. A broad coalition of medical, education, and civil rights organizations oppose it. Vote no.

Proposition 5

Treatment instead of jail

YES


In 2000, California voters approved Proposition 36, which sent people convicted of certain drug-related offenses to treatment programs instead of to prison. Proposition 5 would revamp that earlier measure by giving more people a shot at addiction services instead of a jail cell and would provide treatment to youth offenders as well as adults. It would also make possession of less than 28.5 grams (1 ounce) of marijuana an infraction instead of a misdemeanor, something we wholeheartedly support.

Opponents of the plan say it would cost too much and would allow criminals a get-out-of-jail-free card. But punitive approaches to addiction clearly don’t work. And while the new programs Prop. 5 calls for will need an initial infusion of cash, taking nonviolent inmates out of jail and keeping them out of the system by helping them overcome their addictions should save the state considerable money in the long run.

Proposition 6

Prison spending

NO, NO, NO


There are 171,000 people in California’s 33 prisons. All told, the state shells out $10 billion every year incarcerating people. This prison boom has enriched for-profit corrections companies and made the prison guards’ union one of the most powerful interest groups in the state — but it hasn’t made the streets any safer.

Nonetheless, backers of Proposition 6 say the state needs to spend $1 billion more per year on new prisons, increased prison time (even for youth offenders), and untested programs that few believe will have any positive impact — without identifying a way to pay for any of it.

Bottom line, Prop. 6 would divert funding from necessary areas like health care and education and waste it on a failed, throw-away-the-key approach to crime. Even the staunchly conservative Orange County Register‘s editorial board called the measure "criminally bad." Vote no on Prop. 6.

Proposition 7

Renewable-energy generation

NO


We’re all for more renewable energy, but this measure and the politics around it smell worse than a coal-burning power plant.

Proposition 7 would require all investor-owned and municipal utilities to procure 50 percent clean energy by 2025. It would allow fast-tracked permitting for the new power plants and suggests they be placed in "solar and clean energy zones" in the desert while still meeting environmental reviews and protections. There’s a hazy provision that the solar industry groups argue would discredit any power sources under 30 megawatts from counting toward renewable portfolio standards (RPS), which the Yes on Prop. 7 people refute.

The measure is confusing. The California Energy Commission and the California Public Utilities Commission would play somewhat unclear roles in the state’s energy future. Overall, the CEC would site power plants and the CPUC would set rates. Penalties levied to utilities that don’t meet the new RPS would be controlled by the CEC and used to build transmission lines connecting the desert-sourced solar power with cities.

The coalition supporting Prop. 7 is an interesting mix of retired public officials, including former San Francisco supervisor Jim Gonzalez, former state senator John Burton, former mayor Art Agnos, and utility expert S. David Freeman. Interestingly, Gonzalez was a staunch ally of Pacific Gas and Electric Co. when he was a local politician, and Burton has done legal work for PG&E. The bankroll for the campaign comes from Arizona billionaire Peter Sperling, son of medical marijuana proponent John Sperling.

A number of solar and wind companies, which would presumably profit by its passing, are lined up against it, but the No on 7 money comes entirely from PG&E, SoCal Edison, and Sempra, which have dumped $28 million into the campaign. That, of course, makes us nervous.

But other opponents include all the major green groups — Environmental Defense, the League of Conservation Voters, the Natural Resources Defense Council, the Sierra Club, and the Union of Concerned Scientists — none of which were consulted before it was put on the ballot.

We’re obviously uncomfortable coming down on the side of PG&E, but renewable energy is a major policy issue, and this measure was written with little input from the experts in the field. Gonzalez told us it’s mostly aimed at pushing giant solar arrays in the desert; that’s fine, but we’re also interested in small local projects that might be more efficient and environmentally sound.

Vote no.

Proposition 8

Ban on same-sex marriage

NO, NO, NO


Same-sex couples have been able to marry legally in California since June. Their weddings — often between couples who have spent decades together, raised children, fought hard for civil rights, and been pillars of their communities — have been historic, joy-filled moments. San Francisco City Hall has witnessed thousands of these weddings — and to date, there has not been a single confirmed report that gay weddings have caused damage to straight marriages.

But now comes Proposition 8, a statewide measure that seeks to take this fundamental right away from same-sex couples.

Using the exact same argument that was used in 2000, Prop. 8 contends that "only marriage between a man and a woman is valid or recognized in California."

Back then, the measure passed. This time, the landscape has shifted radically and is full of same-sex brides and grooms who have already legally tied the knot. This time around, the stale "man and woman only" argument is being used to attempt to deny individuals their existing rights based on their sexual orientation. Polls suggest that a majority of Californians are unwilling to support this measure, but it would only take a simple majority to deny gays and lesbians their marriage rights. Vote no on Prop. 8 and protect hard-won marriage equality.

Proposition 9

Restrictions on parole

NO, NO, NO


It’s tempting simply to repeat our reasons for voting no on Proposition 6 in our discussion of Proposition 9. While the details of the two measures are different — Prop. 6 would send more people to jail; Prop. 9 would keep them there longer — the two would have a similar unfortunate result: more people crowding our already overflowing and outrageously expensive prison system. Prop. 9 would accomplish this by making it much more difficult for prisoners to gain parole. But California already releases very few inmates serving long sentences for crimes like murder and manslaughter. Moreover, many of the other provisions of Prop. 9 have already been enacted, which would mean costly redundancies if the measure is approved.

One man is largely responsible for both the misguided "tough on crime" propositions on this year’s ballot: billionaire Broadcom Corp. cofounder Henry Nicholas, who has poured millions into the two campaigns. But a funny thing happened to Nicholas on the way to becoming California’s poster boy for law and order. In June, he was indicted on numerous counts of securities fraud and drug violations (including spiking the drinks of technology executives with ecstasy and operating a "sex cave" staffed with prostitutes under his house). He insists he’s innocent.

Vote no on Prop. 9.

Proposition 10

Alternative-fuel vehicles bond

NO


This is another "green" measure that looks good and smells bad. It would allow the state to issue general obligation bonds worth $5 billion to fund incentives to help consumers purchase alternative-fuel vehicles and research alternative-fuel and renewable-energy technology.

Proponents argue this is a necessary jump start for the industry. Opponents say the industry doesn’t need it — Priuses are on back order as it is, and the measure was craftily written to exclude subsidies for purchasing any other plug-in or hybrid vehicle that gets less than 45 miles per gallon. Though the measure would have provisions for vehicles powered by hydrogen and electricity, critics point out that the subsidies would be first come, first served and would be gone by the time these technologies even reach the consumer market.

In reality, Proposition 10 is a giveaway designed to favor the natural gas industry and was put on the ballot by one of its biggest players, T. Boone Pickens, who owns Clean Energy Fuels Corp., a natural gas fueling and distribution company based in Seal Beach. He wrote the measure, paid more than $3 million to get it on the ballot, and spent a total of $8 million supporting it.

Beyond the blatant attempt to manipulate public money for private good, there are a number of other problems with the bill. It would mostly subsidize purchases of large trucks but wouldn’t require that those trucks stay in California, so companies could use the $50,000 rebates to improve their fleet, then drive the benefit out of state.

While natural-gas-burning vehicles emit far less exhaust and air pollution than gas and diesel cars, natural gas is still a fossil fuel with carbon emissions that are only 20 percent less than that of a typical car. It’s another dinosaur technology that only marginally improves the situation. The Sierra Club and the League of Conservation Voters are against Prop. 10, as are consumer groups and taxpayer associations, who hate the $10-billion-over-30-years payback on this special-interest bond. Vote no.

Proposition 11

Redistricting commission

NO


Almost everyone agrees that California’s process for drawing the boundaries of legislative districts is flawed. History has proven that allowing elected officials to redraw their own political map every 10 years is a recipe for shameless gerrymandering that benefits incumbents. It has also resulted in uncompetitive districts, voter disaffection, and a hopelessly polarized legislature. But Proposition 11 is not the answer.

The idea of placing redistricting in the hands of an independent citizen commission sounds good on the surface. But as Assemblymember Mark Leno points out, the makeup of this incredibly powerful commission would be dependent only on party affiliation — five Democrats, five Republicans, and four independents. That’s not an accurate reflection of California’s population; Democrats far outnumber Republicans in this state. To give Republicans an equal number of commissioners would ignore that fact. And there is no provision to ensure that the body would reflect the state’s racial diversity, or that it would be composed of people from different religious (or nonreligious) backgrounds. The same goes for things like gender and income levels. Also, people must apply to join the body — limiting the pool of potential commissioners even further. And state legislators would have the power to remove some applicants.

In other words, the same people the law seeks to take out of the process would still wield a great deal of influence over it. Vote no on Prop. 11.

Proposition 12

Veterans bond act

YES


Proposition 12 would authorize the state to issue $900 million in bonds to help veterans buy farms and homes. It’s true that, as opponents say, the act doesn’t discriminate between rich veterans and poor veterans, and it probably should, but the vets most likely to use this — from the Gulf War and the Iraq war — have faced so many daunting problems and have received so little support from the government that sent them to war that it’s hard to oppose something like this. Vote yes.

>>More Guardian Endorsements 2008

Endorsements 2008: National and state races

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NATIONAL RACES

President

BARACK OBAMA


This is the most important presidential election of our lives.

The nation is in a state of political and financial meltdown. The war in Iraq drags on, sucking money out of the US Treasury and costing more and more lives. The gap between the rich and the poor has risen to unsustainable levels, global warming threatens to permanently alter the ecology of the globe … and all the Republican candidate offers is more of the same. It’s scary.

The Democrat we proudly endorsed in the California primary isn’t the exact same candidate who’s trying to get elected president today. Barack Obama, like just about all Democrats at this stage of a campaign, has moved a bit to the right. He supported the $700 million Wall Street bailout that’s essentially a huge giveaway to the same people who caused the problem. He talks about promoting "safe nuclear energy" and "clean coal" — oxymora if there ever were any.

Back in February, we noted that "our biggest problem with Obama is that he talks as if all the nation needs to do is come together in some sort of grand coalition of Democrats and Republicans, of ‘blue states and red states.’ But some of us have no interest in making common cause with the religious right or Dick Cheney or Halliburton or Don Fisher. There are forces and interests in the United States that need to be opposed, defeated, consigned to the dustbin of history, and for all of Obama’s talk of unity, we worry that he lacks the interest in or ability to take on a tough, bloody fight against an entrenched political foe."

But Obama remains one of the most inspirational candidates for high office we’ve ever seen. He’s energized a generation of young voters, he’s electrified communities of color, and he’s given millions of Americans a chance to hope that Washington can once again be a friend, not an enemy, to progressive values at home and abroad.

His tax proposals are pretty good. He’s always been against the war. His health care plan isn’t perfect, but it’s at least a step toward universal coverage.

And frankly, the nation can’t afford another four years of Bush-style policies.

The election is a turning point for the United States. It’s about a movement that can change the direction of the country; it’s about mobilizing people in large numbers to reject the failed right-wing policies of Bush and the Republican Party. We’re pleased to endorse Barack Obama as the standard-bearer of that movement.

Congress, District 6

LYNN WOOLSEY


Lynn Woolsey comes from the more moderate suburbs, and she’s far better than Nancy Pelosi, who represents liberal San Francisco. Just look at the bailout: Pelosi wants to prop up the Wall Street banks, and Woolsey wanted to fund any bailout with a modest tax on risky financial instruments. Woolsey richly deserves reelection.

Congress, District 7

GEORGE MILLER


George Miller, who has represented this East Bay district since 1974, is an effective legislator and strong environmentalist. Sometimes he’s too willing to compromise — he worked with the George W. Bush administration on No Child Left Behind, a disaster of an education bill — but he’s a solid opponent of the war, and we’ll endorse him for another term.

Congress District 8

CINDY SHEEHAN


The antiwar leader and Gold Star mom who put George Bush on the defensive is at best a long shot to unseat the Speaker of the House. Cindy Sheehan has only recently moved to the district, has no local political experience, and is taking on one of the most powerful politicians in the United States.

But we can’t endorse Nancy Pelosi, who has consistently supported funding the war (and has refused to meet with antiwar protesters camped out in front of her house). Pelosi pushed the Wall Street bailout and privatized the Presidio.

Sheehan wants a fast withdrawal from Iraq, opposes any bailout for the big financial institutions, and is a voice against business as usual in Congress. This is a protest vote, but a valid one.

Congress, District 13

PETE STARK


After 32 years, Pete Stark has become in some ways the most radical member of the Bay Area congressional delegation. He’s furious with the war and shows no patience for the Bush administration’s nonsense. He is the only member of Congress who admits he’s an atheist. We just hope he doesn’t decide to retire any time soon.

NONPARTISAN OFFICES

Superior Court, Seat 12

GERARDO SANDOVAL


It’s unusual to see contested races for judge in San Francisco. Most of the time, incumbents retire midterm to allow the governor to appoint a replacement, and almost nobody ever challenges a sitting judge. So the San Francisco bench has been shaped more by Republican governors than by the overwhelmingly Democratic electorate.

So we were pleased to see Gerardo Sandoval, a termed-out supervisor and former public defender, file to run against Judge Thomas Mellon. A conservative Republican appointed by Gov. Pete Wilson in 1994, Mellon has a lackluster record, at best. California Courts and Judges, a legal journal, calls him unreasonable and cantankerous. In 2000, the San Francisco Public Defender’s Office sought to have him removed from all criminal cases because of his anti-defendant bias. He needed a challenge, and he’s got one: in the June primary, Sandoval came in well ahead, but because there were three candidates, this contest has gone to a November runoff.

Sandoval has been a generally progressive member of the Board of Supervisors, although we were critical of some of his votes. But he would bring the perspective of a public defender to a bench dominated by former prosecutors and big-firm civil lawyers. Vote for Sandoval.

STATE RACES

State Senate, District 3

MARK LENO


The drama in this race took place back in June, when Leno beat incumbent Carole Migden and former Marin Assemblymember Joe Nation in the Democratic primary. Like most Bay Area Democrats, he’s a shoo-in for the general election. But it’s worth noting that Leno has an extensive record in the Assembly and has demonstrated an ability to get things done. Long before the Supreme Court made same-sex marriage the law of the state, Leno got both houses of the Legislature to approve marriage equality bills (which the governor then vetoed). He got the Ellis Act, that terrible law that allows landlords to evict all their tenants and sell their buildings as condos, amended to protect seniors and disabled people. And while we were worried in the spring that Leno might be too close to Mayor Newsom when it came to local endorsements, he’s shown both independence and progressive leanings. He has been a strong, visible and effective backer of Prop. H, the Clean Energy Act and has endorsed Mark Sanchez for supervisor in District 9, breaking with Newsom (and the moderates) who backed Eva Royale. We expect Leno will go on to a stellar record in the state Senate and we’re happy to endorse him.

State Senate, District 9

LONI HANCOCK


A part of Berkeley politics since she first ran successfully for city council in 1971, Lori Hancock has spent the past six years in the State Assembly. She defeated Wilma Chan in a heated primary for this State Senate seat and faces little opposition in November. She’s one of the most experienced progressives in California and has a solid grip on the state’s budget issues. We wish she wasn’t so willing to back more moderate candidates for local office, but we’re happy to see her move up to the senate.

State Assembly, District 12

FIONA MA


Fiona Ma has been a pleasant surprise. We didn’t support her for this post two years ago, but she’s become a leading advocate of high-speed rail, a foe of plans to privatize the Cow Palace, and a visible, out-front backer of the Clean Energy Act. We hope she continues to evolve into a progressive leader in Sacramento.

State Assembly, District 13

TOM AMMIANO


The only problem with Tom Ammiano moving up to Sacramento is that we’ll miss his presence at City Hall. Ammiano’s record is stellar — although he was once nearly a lone voice for progressives on the Board of Supervisors, he’s become one of its most effective members, with a long list of groundbreaking legislation. Ammiano authored the city’s domestic partners law. He created Healthy San Francisco, the universal health care program. He sponsored the 2001 and 2002 public power measures. He created the Children’s Fund and the Rainy Day Fund, which is now saving programs in the public schools.

He’s also responsible — as much as any one person ever can be — for dramatically changing the climate of San Francisco politics. Ammiano’s 1999 mayoral challenge to incumbent Willie Brown brought the progressives together in ways we hadn’t seen in years, and the district-elections measure Ammiano authored brought a completely new Board of Supervisors into office a year later.

We’re happy to see Ammiano move on to Sacramento.

State Assembly, District 14

NANCY SKINNER


Nancy Skinner won the June primary for this seat, and while we supported her opponent, Kriss Worthington, we acknowledged that she would make an excellent assembly member. Skinner has plenty of experience: she was on the Berkeley City Council from 1984 to 1992 and has founded and run a nonprofit that helps cities establish sustainable environmental policies. She understands state budget issues, is a strong advocate for education, and will hit the ground running.

>>More Guardian Endorsements 2008

Newsom reacts to Yes on 8 ad

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You Tube has already posted this parody of the Yes on 8 ad that features Newsom

By Saadia Malik

Mayor Gavin Newsom yesterday commented on the television ad urging California voters to approve Proposition 8 and reinstate the unconstitutional ban on same sex marriage, telling a small crowd of reporters, “The commercial was weak.”

The ad uses footage of Newsom’s May 15 speech to the jubilant City Hall rally that followed the California Supreme Court ruling that the ban on same sex marriage is unconstitutional. The ad claims that decision could trigger litigation against individuals’ personal beliefs, a move to revoke the churches’ tax-exempt status, and a push to teach children about same-sex marriage in public schools.

“Whether you like it or not,” is the Newsom statement that the Yes on 8 campaign turns into a mantra, associating it with their doomsday predictions about what same sex marriage will bring. At the end of the 30-second ad, the narrator declares, “We don’t have to accept this.”

Newsom sneered when asked about the commercial during an outside press conference at Justin Herman Plaza, saying “I’m not surprised they took comments completely out of context.”

“California will say no to Prop 8,” Newsom said confidently. “This is not a big issue anymore, from my perspective.”

From parking to parks

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GREEN CITY It’s a typical San Francisco love affair: boy meets boy, they fall in love, and 18 years later, they get married. But not in City Hall, and not in a crowded banquet room with a dance floor and a DJ. Instead they wed in a 9-by-18-foot parking space in front of their home in the Lower Haight. No, they’re not crazy. Just crazy in love — with each other, and with PARK(ing) Day. On Friday, Sept. 19, Jay Bolcik and Michael Borden made both love affairs official.

(PARK)ing Day, a San Francisco–born event now spreading around the world, takes place every September when people transform metered parking spaces into public parks — or in Bolcik and Borden’s case, a marriage locale — for the day, or at least until the meters expire. The point? Event organizers say that more than 70 percent of San Francisco’s downtown area is designated for private parking, and 24,000 metered spaces exist throughout the city. It’s about time we reclaim the streets for the public, clearing more space where folks can gather to chat, make friends, and celebrate community parks. At least this was the thinking behind PARK(ing) Day when Bay Area–based art collective REBAR developed the idea in 2005.

"It was motivated by the spirit of generosity and public service," says director Blaine Merker, thinking back to when the group’s artists stumbled upon a sunny spot that was perfect for a park, but dedicated for a vehicle, in November 2005. They plunked their change into its meter and built a grassy hangout, and as a result expanded the public realm for a whole two hours. "We provided an additional 24,000 square-foot-minutes of public open space that Wednesday afternoon."

The effect was outstanding, and the word about PARK(ing) Day spread to metropolitan areas across the globe. This year thousands of mini-grasslands and lounging areas proliferated in 600 vehicle-inhabited regions worldwide, including first-time participant the Dominican Republic.

San Francisco’s metered spaces were filled with everything from a lemonade stand to a quaint outdoor living room setup, complete with a Scrabble board, a coffee table covered with magazines, and even a dog. "The meter man didn’t know what was going on," says PARK(ing) Day buff Ariane Burwell. She spent the day on a 12-foot hunk of grass she’d purchased at Home Depot and stuffed into a Toyota Camry that morning before settling in Chinatown. Kid-size plastic chairs with the words "have a seat" on them lined her turf. Aware of the going rate for this precious real estate (25¢ for six minutes), some strangers dropped their extra coins into her meter as they passed. One Good Samaritan even went to the bank and brought back an entire roll of quarters.

Since 2005, San Franciscans have honored this unique holiday not only by creating mini–public parks but also by raising awareness about certain societal issues. In 2007, CC Puede, a grassroots coalition dedicated to making Cesar Chavez Street safe, used its PARK(ing) spaces on the corner of Cesar Chavez and Valencia streets to provide free food and health exams.

And this year, in light of the upcoming election, some activists even used their spots as political venues. Bolcik and Borden chose to marry in their PARK(ing) space because — in addition to the fact that City Hall was booked — they think it’s part of a societal evolution that includes acceptance for same-sex marriage, which they hope California voters will affirm in November. Two No on Proposition 8 campaigners stood front and center at the ceremony, and many curious bystanders and media professionals were gathered along the sidewalk, which proved REBAR’s point: (PARK)ing Day has become about more than making an individual statement. It’s about promoting change.

After the ceremony, the two bald, salt-and-pepper-bearded men stood arm in arm in their wedding space and discussed what PARK(ing) Day means to them. Borden’s eyes were glassy with tears. "It’s a great way to bring people together," he said. Later he turned to his new husband and added, "I’m honored to stand here at home, in a city that I love, with my partner of 18 years."

“Our gay daughter”

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The new No on Prop. 8 commercial is here, and many are hoping that it will turn the tide against the heinous anti-marriage prop — especially in terms of fundraising. Despite Brad Pitt and the Spielbergs (who each contributed 100k recently) the No on Prop 8ers haven’t raised as much funds as the horrid clock-backwarders.

You can contribute to to keep this ad on the air here — or if cash isn’t at hand, you can get involved here. And please vote! I’ve heard people say that their vote doesn’t count in San Francisco, citing the Presidential race. BUT THAT’S NOT TRUE! There are several crucial local and state props on the November ballot that need your voice.

I know same-sex marriage isn’t at the top of many homo-radicals’ agenda, and sure I’d rather see the money go toward universal healthcare and education (and the elimination of a penalty for being single), but this is a general rights issue now, I think …

PS — has anyone else been tickled by the wedding announcements in the Bay Area Reporter? Some of them are hilarious — like the ones that describe what the couples’ beloved dogs were wearing at the ceremony — but also touching. I realize when reading them that we homos have so few descriptive windows onto other geigh peoples’ lives: we mostly meet in (mostly, unfortunately) spaces of assimilation, bars and clubs and online and such, where the curious quotidian details of our existence get no airing … perhaps this is why the obituaries have been so popular? Because they’re actually about real gay homos’ real lives, not just those who are promoting something? Of course, the thing with the obituaries is tied up with everyone’s shared health issue fears (even the BAR ran a triumphant “No Obituaries!” headline when effective AIDS meds started to take hold), but still … it’s nice to find out more about people before they’re dead!

PPS –oh hey, this just in: Lindsey Lohan’s finally officially gay. Hey mama Dina — when you gonna contribute to No. on 8?

Mormons against same-sex marriage

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Did you know that Mormon religious groups are claiming to have donated a full 35 percent of the money to repeal same-sex marriage this November?

As Julia Rosen writes on Calitics:

Look, I don’t have anything specific against Mormons. It’s just that when a specific religious institution decides to play a large role in a political battle, it weirds me out. Separation of chuch and state….

Sanfranciscoism

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OPINION It appears the San Francisco Chronicle‘s editors have chopped "progressive" from the paper’s approved lexicon for local political reporting, replacing the term with "ultra-liberal" and "far left" to characterize politicians whose views they don’t share. Should we care? After all, the terms of political discourse have been so twisted, warped, and debased in recent years, one might be forgiven for not telling right from left or conservative from liberal. For most Americans, it’s all one big Babel of ideological tongues — confusing to be sure, but increasingly irrelevant.

But I think words do matter. Years ago, in Left Coast City, I took a stab at defining the city’s progressivism as "a system of values, beliefs, and ideas that encourages an expanded role for local government in achieving distributive justice, limits on growth, neighborhood preservation, and ethnic-cultural diversity under conditions of public accountability and direct citizen participation." The major problem with this working definition is that it’s local in scope and closely tied to San Francisco’s unique political culture, history, and setting.

We all know the ideological spectrum is left-shifted in San Francisco, and local politicians labeled as "liberals" or even "radicals" in faraway Washington, DC are often pilloried as moderates or even conservatives back here. Indeed, a major reason driving the use of "progressive" in the city’s local political discourse was precisely to differentiate anti-establishment political leaders from pro-establishment ones who were happy to serve and support a corrupt capitalist system while promising to reform it from within.

San Francisco is the nation’s vanguard city of political reform and social change. It is a working model of progressive community that leads all others in fusing the agendas of economic growth, social justice, and environmental protection.

All great movements must begin and radiate from some place. As Robert Wuthnow put it in his Communities of Discourse, a study of the origins and spread of the Reformation, the Enlightenment, and European Socialism: "None of these ideologies sprang into bloom on a thousand hilltops as if scattered there by the wind. They grew under the careful cultivation of particular movements that arose in specific places and that bore specific relations to their surroundings."

San Francisco activists must find a way to free their homegrown progressive ideology from its local context and scale it up to reach and persuade other Americans. Ironically, most of that scaling up is taking place now under the rubric of "San Francisco values," a derisive epithet originally coined by right-wing pundits but now proudly brandished by some city leaders and opportunistically embraced by others to fuel their political ambitions. By whatever name ("Sanfrancisoism"?), the city’s values have noisily infiltrated national political discourse and have pulled the ideological spectrum back toward the left. Gay civil unions, for example, suddenly seemed acceptable to national politicians, even George W. Bush, after Mayor Newsom began issuing same-sex marriage licenses.

So the term "progressive," although contested, works well in San Francisco. Don’t suppress it or throw it away. Outside the city, scale up with another term that average Americans can relate to and understand.

Rich DeLeon

Rich DeLeon is professor emeritus of political science at San Francisco State University.