Protect Marriage Sues Courage Campaign Over Logo Parody

Do you notice anything similar between the two logos above? The bottom one was the official logo of ProtectMarriage.com, the proponents of Proposition 8, the state constitutional ban on same-sex marriage in California, who are now the defendant-intervenors in the Perry v Schwarzenegger federal lawsuit going on before a 9th Circuit District Court Judge in San Francisco. The top one is the logo of Prop8TrialTracker.com, which has become one of the
most heavily trafficked LGBT weblogs in the last week, since it is an excellent source for real-time information on the landmark trial on the unconstitutionality of Proposition 8.

Last week, ProtectMarriage.com's lawyers sent Courage Campaign (the people who are responsible for creating the Prop8TrialTracker.com website) a cease and desist letter complaining about the use of their copyrighted trademark in the logo of the new website. Courage Campaign replied with a letter that said, in very nice lawyerly language: go f*** yourself.

Yesterday, the heterosexual supremacists responded by filing suit(pdf) in federal court against Courage Campaign. What is amusing about the logo lawsuit is that ProtectMarriage.com is arguing in one federal court that the image of a same-sex couple and an opposite-sex couple are "substantial indistingushable" when depicted graphically, but in their defense of Proposition 8 in another federal court, they are claiming that same-sex marriage and opposite-sex marriage are two completely different and very distinguishable entities (and one of these is much better than the other--guess which one?)

Makes you go, hmmmm, right?

Here's a press release from Courage Campaign about their latest legal response (pdf) to the logo lawsuit:

Courage Campaign Institute responds to Complaint and Motion for Temporary Restraining Order by Prop 8 supporters

Jacobs: "The Courage Campaign Institute will continue to focus our energy on this historic trial and the rights and protections at stake for loving, committed same-sex couples. 'ProtectMarriage.com' can continue to expend time, energy and resources on a logo. Frankly, I think that says a lot about our respective priorities."

LOS ANGELES, CA - The Courage Campaign Institute responded this morning to a complaint and temporary restraining order delivered yesterday by lawyers for ProtectMarriage.com and announced it will continue to refuse to remove a logo on their Prop 8 Trial Tracker website that parodies the ProtectMarriage.com logo.

Courage Campaign Institute legal counsel Nathan Sabri of Morrison Foerster continues to assert in written documents to ProtectMarriage.com that "this difference between our client's logo and your client's logo is a graphical representation of the core difference between Courage Campaign's views and ProtectMarriage.com's views, presented in a sassy way that will not be lost on the public."

In an Opposition response statement filed to the U.S. District Court of the Eastern District of California, Sabri cited numerous examples of case law, including cases involving the World Wrestling Federation, Mattel, and Universal Studios to show that Courage Campaign has a legal right to parody the ProtectMarriage.com logo.

Rick Jacobs, Chair of the 700,000-member Courage Campaign Instititute, commented on the irony of ProtectMarriage.com's continued focus on this issue. "We thought that our response laying out the tremendous legal precedent in cases like this would be the end of this silliness," said Jacobs. "But we are more than happy to defend our case if Prop 8 supporters continue to argue that the difference between their logo and ours is 'substantially indistinguishable,' given that their logo features a father and mother and our logo features two mothers."

In a response letter to ProtectMarriage.com sent Friday, January 15, attorney Sabri had previously stated that "while our client does appreciate the irony of the suggestion in your letter that a logo of a family made up of a man, a woman, and two children is 'substantially indistinguishable' from a logo of a family made up of two women and two children, your assertion is incorrect."

"The Courage Campaign Institute will continue to focus our energy on this historic trial and the rights and protections at stake for loving, committed same-sex couples," said Jacobs. "ProtectMarriage.com" can continue to expend time, energy and resources on a logo. Frankly, I think that says a lot about our respective priorities."

Jacobs concluded, "This is yet another attempt by Prop 8 supporters to distract from the facts being brought forth at this trial that are demonstrating quite clearly both the discrimination same-sex couples face and the need and benefit to society of equal treatment under the law."

Courage Campaign's Prop 8 Trial Tracker web site has garnered more than 700,000 views and 5,000 comments since it launched on January 11 and has become a leading source of real-time updates on the Perry v. Schwarzenegger trial.

Lambda Legal Joins "Repeal Prop 8 in 2012" Chorus

Lambda Legal has issued a statement calling "for more education and time" in order to restore marriage equality in California, says that bring the measure to a vote in 2012 would be "the strongest strategy."

From the press release

Lambda Legal Calls for More Education and Time to Restore Marriage Equality in California "While we're within striking distance, we're not there yet."

Los Angeles, November 30, 2009 - Lambda Legal today called for more
outreach, education, research and time to change hearts and minds before
returning to the ballot to reopen marriage to gay and lesbian couples in
California. At least one initiative to restore marriage equality for
same-sex couples is currently circulating that, if it qualifies, would
appear on the November, 2010 ballot, but Lambda Legal believes that putting
this measure to a vote in 2012 is the strongest strategy.

The Courage Campaign, in partnership with Lambda Legal and other leading
groups, has recently concluded the first phase of extensive and
groundbreaking research about public beliefs about marriage and gay people.
It confirms that attitudes are shifting steadily toward equal treatment of
same-sex couples, and that conversations among family members and other
close relationships inevitably speed the process.

"Over the past year since Prop 8's passage, we've expanded our community
education in California and have seen the remarkable national progress
exert a positive influence here," said Jennifer C. Pizer, Marriage Project
Director for Lambda Legal. "We've seen our many community groups
collaborating as never before. With the great field operations of the
Courage Campaign, Vote for Equality, Equality California and countless new
activists and allies across the state, the next two years hold great
promise. This work complements the efforts within California's racial and
ethnic minority communities and within the state's diverse communities of
faith. There has never been any doubt that the LGBT community and our
friends and allies will restore marriage equality in California – the only
question has been when. We now believe it's November 2012."

The recently concluded research validated the lasting effect of the work
already being done in the successful Camp Courage program and by Courage
Equality Teams organizing across the state. These grassroots efforts are
building support for marriage equality by training Californians to tap into
their community's resources to start a conversation and connect the
movement for equality to their own lives and their own experiences. This
outreach has surged ahead, fueled by the passion and determination of
countless new activists who have committed to this cause within the past
year.

"We're so close," said Pizer. "Each year, each month, public understanding
shifts a bit more in our direction. As crushing as it was to lose in Maine
this year and in California in 2008, support is building strongly in our
favor: in 2000, Proposition 22 won with 61 percent of the vote;
Proposition 8 passed by a meager margin of only four points. It's
insulting to have to wait and work to regain a core human right that should
never have been taken. As legal advocates, we know minorities should never have to beg the majority for equal rights. Given the decision by the California Supreme Court earlier this year, that's our only path. It's essential that we choose wisely when to return to the ballot – while we're within striking distance, we believe we're not there yet."

It's interesting that Lambda would release their statement now, after the 2010 absolutists are circulating petitions in a vain attempt (in multiple senses of the word!) to collect the 800K-1100K signatures necessary to qualify a Proposition 8 repeal for the statewide general election ballot next year. It seems Lambda may have been influenced by Courage Campaign also finally revealing their "neutral" stance on 2010, a change from the Rick Jacobs-led organization's previously announced gung-ho position in favor of rushing to the ballot next November. MadProfessah posted the news from Facebook posts ove rthe break, but today the Courage Campaign released a press release making it official that they no longer support a 2010 repeal effort.

“For months, we have laid out the criteria for moving forward. Like the Obama Campaign, we understand that we need a combination of powerful and clear research that informs an expertly run campaign, an unstoppable movement that harnesses the new energy we have seen since the passage of Prop. 8 and the connections through personal stories and outreach in order to win at the ballot box,” said Rick Jacobs, the Courage Campaign founder and Chair. “We are taking the lessons learned from last year’s Prop. 8 campaign, the campaigns in Maine and other states to understand the fundamental work that must be done before moving forward in California. We also must come together as a community to create a broad coalition and governance structure, put in place a strong manager and secure the resources to win. Right now, the pieces are not all in place to do so confidently.

To Lambda I say (as I did to Courage Campaign earlier), welcome to the Prepare to Prevail team! Now, let's work together to restore marriage equality in California.

Courage Campaign Finally 'Comes Out' Against 2010 Prop 8 Repeal

Rumors that had been swirling for weeks about a schism between the only significant organizations that were supporting a 2010 repeal of Proposition 8 were confirmed by the Bay Area Reporter this weekend:

The chair of the statewide Courage Campaign told the Bay Area Reporter this week that he doesn’t see the governing structure and other necessary elements in place to win marriage equality.

[...]

As to whether his group’s stance on 2010 has changed, Jacobs said, “Courage Campaign has never changed our attitude or the basis on which we’re operating, which is that we have to have research that informs a path to victory, a governance structure that the progressive community and LGBT community respects, a campaign manager that is empowered to make decisions reporting to that structure, and funding, so we’ve been very, very consistent on that and remain so.”

Asked if he sees those elements in place at all, Jacobs said, “I don’t see them.”

[...]

Courage Campaign has been doing research on repealing Prop 8 for months.

Jacobs said that some summaries of the research will be available “I would think sometime in December.”

After the B.A.R story, Rick Jacobs posted a lengthy statement on Facebook clarifying Courage Campaign's position on a 2010 repeal of Proposition 8:

First, I hope everyone had a happy Thanksgiving. Second, I invite those interested here to read the blog post that the BAR put up. No where in it does it mesh with their controversy-grabbing headline: neither I nor Courage criticized the leadership of the 2010 effort. Read the story. What I do say is what we have been saying since late July. Nothing we have said has changed.

Second, I would be very interested in knowing more about the supposed meeting we had with EQCA. I will tell you that since June, Courage has sought such a meeting, has sought to improve relations in the community and we hope and expect to meet and talk soon. We look forward to working with everyone so that we stop duplicating efforts and better coordinate/share information.

Courage has a specific view of the means by which training and organizing should occur. That's why we have so many Equality Teams, all of which are led by volunteers who are, in turn, led by Deputy Field Organizers (all volunteers) with the professional leadership of a small, smart and highly motivated field staff (Hope, Arisha, Anthony and Caitlin) who in turn benefit from the leadership and experience of Sarah Callahan. ... See More

We are learning from our research and applying lessons at every turn. We try to integrate online and offline and we try as hard as we can to build on ideas and leadership of our members and volunteers. We have had some remarkable results from the ideas and work of many, many of those teams and others. The recent meeting Derrick and others held at Lucy Florence Coffee House about homophobia in the Black community is just one such example. No one person or organization can think of or do everything. We are all made more powerful by the manifold talents and ideas of others. Our job at Courage is to magnify those where we can.

Our model is to build a permanent volunteer infrastructure using the Obama Campaign as the jumping off point. We believe firmly that LGBT rights are part of the larger progressive movement. All of our work is informed by that.

In that context, it's important to look around. Last week, for the first time in years, we saw major demonstrations and non-violent civil disobedience on multiple UC campuses. Why? "Fees" (which is California French for tuition) increased 32% at UCs, resulting in a three-fold increase in ten years. Cal States are set to reject 50,000 or more eligible students because of budget cutbacks. Community colleges and Cal States are the traditional routes for advancement for those in our society least able financially to afford higher education. They are the backbone of California's once upwardly mobile workforce, the only mechanism by which we as a state can grow our way out of this economic mess. The once model California education system that took every Californian from kindergarten to post-doctoral work, is in shambles--unless you are white and rich (or in some cases just rich).

And in 2010, next month, the state's $70 billion general fund budget faces a $25 billion shortfall, plus a further debt to special funds which could effectively mean we have a $40 billion deficit. Forty billion out of $70 billion. And you thought 2009 was bad.
Think about it: our state cannot print money to get out of deficit (as can a sovereign nation) and the right wing has convinced the entire country that all government is bad. We have Meg Whitman, a billionaire who has not voted for "twenty or thirty years" saying that we have to lower taxes and spend more on higher ed. Maybe she can do that kind of voodoo math on E-Bay, but it does not work in government. If that's the ethos for 2010, we are in a whole heap of trouble. Well, we're in trouble anyway, but I and Courage are not about to sit around and wait for candidates to talk nonsense, get elected and just make things worse. We're done with that.

Now is the time for the LGBT community to stand up together and rebuild our state. Now is the time for us to stand together to lead. More about this in coming weeks and months, but clearly LGBT people, along with everyone else, are hurt when colleges are unaffordable or entrance closed, healthcare is decimated, unemployment (and underemployment) rise to over 20%. We're all in this together. As Derrick has pointed out so eloquently in what he and RENEWL do, we win equality by lending a hand, leading in a fight for all of us and showing that together we are all stronger.

As to the current effort to put an initiative on the ballot, while organizationally we will not participate for the reasons above, we do not now, nor have we ever, attempted in any way to interfere with the efforts of others to win equality as they see fit. I and Courage greatly respect that there are different paths to victory. As we have seen all too well, no one path is "correct." What we do know from Maine and our research to date is that we have a lot more to learn.

I look forward to working with everyone to win equality--economic and social--for our state and nation. And clearly it is going to take all of us.

Welcome to the Prepare to Prevail team, Mr. Jacobs!

LA TIMES Joins Chorus Uring 2012 Prop 8 Repeal

The big dog of California newspapers has finally weighed in on the question of when people who support marriage equality and opposed Proposition 8 should attempt to pass a constitutional amendment to that effect.

In "Outsmarting Proposition 8," the Los Angeles Times editorial board says:

The most important objective should be a decisive victory, sending a clear message that this state no longer will tolerate separate but not-quite-equal status for families based on sexual orientation. Given the opinion polls, the lack of a coherent campaign strategy and the current makeup of the U.S. Supreme Court, this most likely means an unfortunate wait. A loss at the ballot box or in the nation's high court could set back same-sex marriage for years.

Equality California, the organization that led the campaign against Proposition 8, wisely decided to hold off until 2012 before attempting a ballot initiative to repeal the marriage ban. A successful campaign will require $50 million in funding, an extensive outreach program to black and Latino voters, who largely favored the ban, and, most important, an infusion of young voters, the group most sympathetic toward same-sex marriage. Waiting until 2012 gives Equality California a demographic advantage.

But another gay-rights organization, the Courage Campaign, is eager to use the momentum of recent gay-marriage advances in other states and has announced that it will go forward with a 2010 ballot initiative. Both Equality California and some major donors who tried to defeat Proposition 8 have indicated that a 2010 campaign cannot expect their active support.

Though this page will back same-sex marriage no matter what the year, we hope the Courage Campaign will rethink its timing. Gay-rights activists must recognize that their lackluster campaign did little to sway the public, especially considering the misleading ads by gay-marriage opponents. So far, the Courage Campaign has not articulated a sophisticated strategy for changing this. Without other gay-rights groups by its side, its low chances are further weakened.[emphasis added]

It's not as though waiting three years means idly letting injustice prevail. There is plenty to do between now and 2012 -- forging alliances with minority groups, lining up financial support and vetting the best campaign managers. Advocates of same-sex marriage already have a just cause; coupled with campaign smarts and money, they also will have voter support.

This is one of the smarter editorials I have seen since Jordan/Rustin Coalition and other groups released the Prepare to Prevail statement on July 13th calling for the LGBT community to join together to do the hard work necessary to produce a state in which a popular majority supports equal marriage rights for everyone.

EQCA Supports 2012; Courage Campaign 2010

As expected, in a detailed plan with accompanying press conference, Equality California came out in favor of targeting November 2012 to repeal Proposition 8 by an affirmative marriage equality ballot measure.

The Courage Campaign reiterated their support for continuing to aim for November 2010, citing their success in raising well over $100,000 by today's August 13th goal.

Interestingly, Marc Solomon (EQCA's Marriage Director) sat down with Unite The Fight blogger Phillip Minot and gave them an exclusive interview in which he strongly cites the Prepare to Prevail statement as influential in making EQCA's decision. An excerpt:

"When I first got out here, I thought, 'Of course we’re going back in 2010. We can’t wait.' And I heard people say, 'Well are you sure? Does that make sense?" From funders and more."

Marc paused. "And then I really started listening. I listened carefully. I think the people need to listen carefully to the POC LGBT groups who feel they are being steamrolled. I think they felt steamrolled when we first came out for 2010.

"There’s this feeling that when it’s convenient, that people will listen to what [the POC groups] have to say and when it’s not, they won’t. I think we all have to think about that. Think about what these communities went through after Prop 8 passed and the blaming of POC communities. I think it’s important that people listen to that perspective, that they're thinking 'Our communities got blamed for Prop 8.' And after, people said a lot of work will happen, and now the work hasn’t happened and we’re saying we’re going right back to the ballot. That’s an important perspective to keep into account."

Marc rebuffed the claim that those who support 2012 are wanting to "wait."

"We all want to win back marriage as quickly as humanly possible. The question is, 'Can we get it done by 2010 or not?'"

Marc then addressed the philosophy of returning to the ballot each election year until we win.

"We [EQCA] don’t believe we can go back to the ballot in [2010 and 2012] - it’s one or the other. If we lose, it will be very hard to go back to the ballot before 2014, 2016 or 2018. The thought of spending 150 million dollars three election cycles in a row is totally unrealistic.

"If you keep going back to the ballot over and over, you appear to the movable middle, to the people you need to persuade, as a zealot. Regular people will say, 'Oh my god, they’re back again. Haven’t we already decided this?' And we say, 'We’re fighting. We’re fighting to win.' But we have to think about who needs to come our way and who we need to move."

If people are curious about what they can do to win marriage back NOW there's a Joint EQCA-JRC-VFE Canvass this Saturday from 10am-3pm in South Los Angeles. We'll be talking to real voters door-to-door about marriage equality. Join us!

VOTER CANVASS
Saturday, August 15th, 10am-3pm
Holy Faith Episcopal Church
260 N Locust St
Inglewood, CA 90301

RSVP@jordanrustin.org

We're not waiting until 2012, we're working until 2012!

Ocamb Reports On LGBT Leadership Summit

Reporter Karen Ocamb has posted her extensive report on what REALLY happened at the LGBT Leadership Summit on Saturday July 25th (that MadProfessah attended and was part of the Prepare To Prevail faction) to Bilerico.com and tries to set the record straight:

A blog for the San Francisco Chronicle came out fairly quickly after Saturday's statewide LGBT "Leadership Summit" in San Bernardino, California with the results of a non-binding straw poll about when the LGBT community wants to return to the ballot to repeal Prop 8: "93 people voted to go in 2010, 49 in 2012 and 20 undecided."

I was there. The count's accurate but it's far from the whole story. What really happened was that a vote was taken around 5:00pm - an hour after the meeting was supposed to end and a good number of people had left - and 93 people voted for 2010 and 69 opposed that idea. The count was justified as being taken among those who cared enough to show up in San Bernardino in late July ("sweltering" is one word that comes to mind) and stay until the bitter end.

Let's look at the demographics.

At its height, the over-heated church hall was filled with about 250 grassroots activists, mostly from the San Diego and Los Angeles area - a point loudly noted by leaders from Northern California who were receiving text messages from friends watching the Unite the Fight streaming video. Their online votes on a question just prior to the straw poll about how to best create a campaign structure had been discounted.

Additionally, before the two votes, when the room was about at 200 people, I counted the number of people of color and came up with 37. I asked both a grassroots activist and an "institutional" leader - stretching the number to 40 in case I missed a couple of people in the way back or outside - and they both independently concurred.

So while the straw poll accurately reflects the wishes of that late audience, the 162 people whose votes were counted do not necessarily reflect the wishes of the California LGBT community.

Courage Campaign Sticks To 2010; Task Force Says No

There are more developments in the intra-community debate over whether there should be an attempt to repeal Proposition 8 in 2010 or later. Rick Jacobs of the Courage Campaign has issued a statement re-iterating its support for going forward in 2010:

"We welcome the 'Prepare to Prevail' letter from API Equality, HONOR PAC, the Jordan Rustin Coalition and so many others as an honest, open contribution to the deliberations through which the community is participating.

"The 'Prepare to Prevail' letter, along with Love Honor Cherish's compelling statement on moving forward in 2010, is part of a healthy, vigorous debate that should help to inform the community as we begin the process of choosing the best path to victory.

"We encourage everyone engaged in this movement to put forward their portions of the road map to victory so that together, we can all win.

"Back in May, we asked our members to vote on which year -- 2010 or 2012 -- the Courage Campaign should support going back to the ballot to restore marriage equality. The response was overwhelming -- 82.5% expressed support for a 2010 ballot measure.

"The Courage Campaign is doing its part by helping to build an electoral road map to victory, as are several other organizations that are laying the groundwork necessary to win back marriage equality. It is our responsibility to our members, who overwhelmingly told us that they want to go to the ballot in 2010, and it is our responsibility to the marriage equality community."

"That's why the Courage Campaign announced support for a 2010 initiative in May. While we respect other organizations discussing and deliberating this very important question, we have been building the infrastructure to win marriage equality rights at the ballot box sooner, rather than later. Our members are ready to do the hard work needed to win.

"Since January, the Courage Campaign has been training and empowering marriage equality activists across the state at 'Camp Courage' training events as well as building 44 "Equality Teams" in 23 counties across California -- serving the organizations and individuals that are fueling the movement toward marriage equality.

Meanwhile, several other organizations that were actually involved with trying to defeat Proposition 8 in 2008 have joined the Prepare to Prevail statement.

Three California chapters of the ACLU have released a statement opposing 2010 and today the first national LGBT organization, the National Gay and Lesbian Task Force has signed on.

Spanish-Language Version of Courage Campaign Ad

Courage Campaign Video To Repeal Prop 8