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>> >>: TODAY I FINALLY GET TO LOOK AT THE MAN THAT I LOVE AND FINALLY SAY WILL YOU PLEASE
MARRY ME? >> >>DWANE BROWN: SUPREME COURT HAS ITS SAY
ON CALIFORNIA'S PROPOSITION 8 AND THE DIS FENCE OF MARRIAGE ACT. WE'LL LOOK AT THE DECISIONS
AND WHAT THEY MEAN FOR SAMESEX COUPLES. I'M DWANE BROWN.
ALSO TONIGHT A MILITARY COURT THROWS OUT A *** CONVICTION IN A MAJOR CASE FROM THE
IRAQ WAR. AND FROM OUR ENVIRONMENT DESK TONIGHT THE
PENTAGON IS ON A MISSION TO DEFEND FRAGILE HABITATS PROTECTING WILD LIFE NEAR TRAINING
AREAS ON MILITARY BASES. KPBS EVENING EDITION STARTS NOW.
CAPTIONS PROVIDED BY ECAPTIONS. >> >>DWANE BROWN: HELLO, GOOD EVENING, THANKS
FOR JOINING US. AN HISTORIC DAY FOR THE GAY RIGHTS MOVEMENT,
U.S. U.S. SOUP REAM COURT MAKING TWO RULINGS ON SAMESEX MARRIAGE.
THEY SAID THE BACKERS OF CALIFORNIA SAMESEX MARRIAGE BAN DON'T HAVE THE LEGAL STANDING
TO DEFEND IT. LOUD CHEERS GREETED THE COUPLES WHO CHALLENGED
PROP 8. >> >>: TODAY WE CAN GO BACK TO CALIFORNIA
AND SAY TO OUR OWN CHILDREN, ALL FOUR OF OUR BOYS, YOUR FAMILY IS JUST AS GOOD AS EVERYBODY
ELSE'S FAMILY, WE LOVE YOU AS MUCH AS ANYBODY ELSE'S PARENTS LOVE THEIR KIDS AND WE'RE GOING
TO BE EQUAL NOW. NOW, WE WILL BE MARRIED AND WE WILL BE EQUAL
TO EVERY OTHER FAMILY IN CALIFORNIA. >> >>: TODAY'S A GOOD DAY.
TODAY I FINALLY GET TO LOOK AT THE MAN THAT I LOVE AND FINALLY SAY WILL YOU PLEASE MARRY
ME? >> >>DWANE BROWN: TODAY'S RULINGS DIDN'T ACTUALLY
DEAL WITH SAMESEX MARRIAGE ITSELF IN THE PROP 8 CASE.
THE JUSTICES SAID THE MEASURE'S BACKERS DON'T HAVE THE LEGAL STANDING TO DEFEND IT.
THE DECISION LEAVES IN PLACE A LOWER COURT RULING DECLARING PROP 8 UNCONSTITUTIONAL.
THE DOMA RULING FOCUSED ON EQUAL PROTECTION. THE JUSTICES SAID THE FEDERAL GOVERNMENT CANNOT
DENY BENEFITS TO LEGALLY MARRIED SAMESEX COUPLES. DOMA'S PRINCIPLE EFFECT IS TO IDENTIFY A SUB
SET OF STATE SANCTIONED MARRIAGES AND MAKE THEM UNEQUAL. END QUOTE.
THE PENTAGON SAYS IT WILL GET TO WORK AS SOON AS POSSIBLE TO EXTEND BENEFITS TO SAMESEX
COUPLES IN THE MILITARY. A FEDERAL APPEALS COURT SAYS IT WILL BE AT
LEAST 25 DAYS UNTIL SAMESEX MARRIAGE KZ RESUME IN CALIFORNIA.
PROP 8 BACKERS HAVE UNTIL THEN TO ASK THE SUPREME COURT TO REPEAL THE CASE.
ABOUT A DOZEN PEOPLE GATHERED ACROSS THE STREET FROM THE FEDERAL COURT HOUSE DOWNTOWN, JENNIFER
MORRIS WAS INVOLVED IN GETTING PROP 8 ON THE BALLOT.
>> >>: THE STATE HAS NO RIGHT TO REDEFINE MARRIAGE FOR THE BENEFIT OF A SPECIAL INTEREST
GROUP. MARRIAGE IS A NATURAL, FREE POLITICAL INSTITUTION
AND WE INTEND TO CONTINUE FIGHTING FOR IT. WE SHALL NOT FLAG OR FAIL.
WE SHALL FIGHT ON UNTIL THE END, FIGHT ON THE AIRWAYS, IN THE BALLOT BOXES, IN THE LEGISLATURE,
WE SHALL FIGHT IN THE COURT. WE WILL NOT SURRENDER.
>> >>DWANE BROWN: THE GROUP SAYS THEY WILL FIGHT EFFORTS TO RESUME ISSUING MARRIAGE LICENSES
FOR SAMESEX COUPLES IN CALIFORNIA. THEY SAY TWOTHIRDS OF STATE VOTERS PROVED
PROP 8 WHEN IT WAS PASSED IN 2008. ATTITUDES ABOUT SAMESEX MARRIAGE HAVE BEEN
CHANGING IN CALIFORNIA. THE FIELD POLL HAS TRACKING THE ISSUE SINCE
1977 WHEN IT FOUND 59% OF VOTERS DID NOT FAVOR SAMESEX MARRIAGE.
THINGS STARTED CHANGING WITH APPROVAL ON THE RISE AND DISAPPROVAL DROPPING.
BY LAST FEBRUARY, A RECORD MAJORITY OF CALIFORNIANS SAID THEY NOW FAVOR SAMESEX MARRIAGE.
SOME OF THOSE SUPPORTERS GATHERED IN HILLCREST THIS MORNING WAITING FOR NEWS FROM WASHINGTON
IN TALK WITH KPBS AFTER THE DECISIONS WERE ANNOUNCED.
>> >>: I FEEL LIKE A HUGE WEIGHT HAS BEEN LIFTED OFF ME AND I CAN FINALLY STAND AND
SAY YES, THAT IS MY WIFE. >> >>: IT'S A FORM OF RECOGNITION OF HUMANITY,
ISN'T IT? NOW WE'RE NOT TREATED LIKE SOME ALIEN SPECIES NOT ALLOWED TO GET MARRIED.
>> >>: I HAVE A GIRLFRIEND THAT I PLANNED ON MARRYING AND MY FRIENDS DIDN'T HAVE THAT
OPTION AND IT WAS TERRIBLE. THEY PAY THE SAME AMOUNT IN TAXES TO GET LESS
SERVICES AND SO I FEEL VERY, VERY HAPPY THAT WE'RE KIND OF MORE ON EQUAL STANDING LIKE
WE SHOULD BE. >> >>: I'M REALLY HAPPY TO SEE THAT THE STATE
OF CALIFORNIA PERSEVERED FOR SO MANY YEARS IN TRYING TO GET THIS PASSED AT THE STATE
LEVEL TO SEE SUPPORT FROM THE SUPREME COURT FOR THEM TO SAY WE'RE ALL EQUAL AND NEED TO
BE TREATED EQUALLY. >> >>: 7:00�A.M. ON THE [INAUDIBLE] AND
JUST WAITING FOR EVERY SINGLE UPDATE TO COME OUT AND CELEBRATE IN OUR PJ'S.
WE COULDN'T WAIT TO GET OUT AND CELEBRATE THE DAY.
>> >>: WE'RE GOING TO TAKE THE STREETS AND MARCH ALL THE WAY DOWN TO THE HILL CREST SIGN
AND CELEBRATE. CELEBRATE AND REALLY GET PEOPLE RILED UP BECAUSE
WE NEED TO WORK FURTHER. >> >>DWANE BROWN: IT HAS BEEN A LONG ROAD
FOR BOTH SIDES IN THE SAMESEX MARRIAGE DEBATE AND IT GOES BACK ACTUALLY YEARS BEFORE PROP
8 WAS PUT ON THE BALLOT. IN MARCH�2000, 61% OF CALIFORNIA VOTERS
APPROVED PROPOSITION 22, WHICH DEFINED MARRIAGE AS BEING BETWEEN A MAN AND A WOMAN.
SAMESEX MARRIAGE ADVOCATES TRIED TO FIND WAYS AROUND IT.
IN 2004, NEWLY ELECTED SAN FRANCISCO MAYOR GAVIN NEWSOME ORDERED CITY WORKERS TO GIVING
MARRIAGE LICENSES TO SAMESEX COUPLES. THE STATE SUPREME COURT SAID NEWS NEWSOME
EXCEEDED HIS AUTHORITY, WHICH EVENTUALLY OVER TURNED PROP 22 IN 2008.
18,000 SAMESEX COUPLES GOT MARRIED AFTER THE SUPREME COURT RULING BUT PETITIONS WERE CIRCLING
FOR PROPOSITION 8. IT PASSED WITH 52% IN FAVOR AND JUST UNDER
48% OPPOSED, A MUCH NARROWER MARGIN THAN PROP 22 HAD BACK IN 2000.
PROP 8 WENT TO COURT TOO AND DEBATE INCLUDED THE QUESTION OF WHO COULD DEFEND THE MEASURE
BECAUSE THE STATE WOULD NOT LEAVING THE JOB TO PROP 8'S ORIGINAL SUPPORTERS.
NOW THE HIGH COURT SAYS PROP 8 SUPPORTERS HAD NO LEGAL STANDING IN THE CASE.
PEGGY PICO FINDS OUT WHAT HAPPENS NEXT. >> >>PEGGY: JOINING ME WITH MORE ON THE LEGAL
IMPLICATIONS OF TODAY'S RULING IS CONSTITUTIONAL LAW ATTORNEY GLEN SMITH.
GLEN, WELCOME BACK. >> >>: GOOD TO BE HERE.
>> >>PEGGY: TODAY'S DECISION OR NO DECISION, THE RULING, WHAT IS THE ULTIMATE RESULT OF
THAT AS FAR AS PROPOSITION 8? >> >>GLENN SMITH: THE ULTIMATE RESULT IS WE
GO BACK TO THE DISTRICT COURT RULING WHICH HELD THAT PROPOSITION 8 WAS UNCONSTITUTIONAL
AND THEN JOIN THE GOVERNOR AND OTHER STATE OFFICIALS FROM ENFORCING IT.
PROPOSITION 8 AS FAR AS THE DISTRICT COURT ORDER AND THE ONLY ORDER THAT'S THERE IS CONCERNED
BY THE VIOLATED THE U.S. CONSTITUTION AND CAN'T BE ENFORCED.
>> >>PEGGY: THE PREVIOUS RULING STANDS WHICH IS THAT IT IS� IT'S PEEP KL MARRY HERE.
>> >>GLENN SMITH: THAT SHOULD BE THE WAY THIS WORKS OUT PRETTY QUICKLY.
>> >>PEGGY: OKAY. A LOT OF LEGAL EXPERTS PREDICTED THE JUSTICES
WOULD MAKE THIS NO STANDING RULING. WHAT DOES NO STANDING ME?
>> >>GLENN SMITH: WHAT IT MEANS, REALLY, IS THAT THE PARTIES THAT APPEALED THE CASE, THE
PROPONENTS OF PROP 8, NEVER HAD THE LEGAL AUTHORITY TO STEP INTO THE SHOES OF THE STATE
AND REPRESENT THE STATE. IT MEANT THEY DIDN'T HAVE ANY RIGHT TO BE
IN COURT. ONE OF THE KEY THINGS THAT KEEPS FEDERAL COURTS
APPROPRIATELY BALANCED IS WE DON'T WANT [INAUDIBLE] YOU HAVE TO BE ESPECIALLY AND HAVE A SPECIAL
CAPACITY. THE COURT MAJORITY RULED THEY HAD NEITHER
HERE. >> >>PEGGY: WHEN IT COMES TO THAT, THEY DIDN'T
HAVE� WHAT PREVENTS YOU FROM� THAT'S A LITTLE CONFUSING. WHAT PREVENTS YOU FROM TAKING
IT� WHY DIDN'T THEY HAVE STANDING IF YOU COULD EXPLAIN THAT A LITTLE BIT MORE?
>> >>GLENN SMITH: YES, WE'RE TALKING ABOUT THE STANDING TO APPEAL THE DECISION ABOVE
THE DISTRICT COURT. WHEN THE ORIGINAL CASE WAS ENTERED INTO EVERYBODY
HAD THE AUTHORITY TO BE IN THE DISTRICT COURT AND THAT WAS A LEGITIMATE RULING.
THE QUESTION WAS DID ANYONE� WHEN THE GOVERNOR REFUSED TO APPEAL IT, WAS ANYONE ABLE TO STEP
INTO THOSE SHOES AND THE COURT SAID NO. I WOULD JUST ADD IT'S IN A SENSE A NONDECISION,
BUT SOME TIMES THE MOST IMPORT THING THE COURT DECIDES IS TO NOT DECIDE SOMETHING.
>> >>PEGGY: DOES TODAY'S RULING SET A PRECEDENT FOR SAMESEX MARRIAGE LAWS IN OTHER STATES?
>> >>GLENN SMITH: IT DOESN'T SET ANY PRECEDENT IN THE SENSE OF A LEGAL REQUIREMENT.
I THINK IT DOES GIVE A MAJOR BOOST TO THE EFFORTS TO ACHIEVE SAMESEX MARRIAGE EQUALITY
IN OTHER STATES BECAUSE IT'S CLEAR THAT HAD THE COURT HAD MAJOR CONSTITUTIONAL MISGIVING
IT MIGHT HAVE DEALT WITH THAT. >> >>PEGGY: IS THIS A DONE DEAL NOW FOR CALIFORNIANS?
ARE WE DONE IS W THIS OR COULD THERE BE SOME MORE LEGAL HURTLES?
>> >>GLENN SMITH: NEVER UNDER ESTIMATE THE ABILITY OF ADDITIONAL COMPLICATIONS TO FLOW
OUT OF THESE KIND OF DECISIONS. THERE ARE SOME TECHNICAL ARGUMENTS THAT COULD
BE MADE TO TRY TO CHALLENGE OR UNDER MINE THE PROPOSITION 8 RULING.
MY HOPE IS THAT HAVING LIVED WITH THIS ISSUE FOR SO LONG AND HAVING SEEN THE EXTENT TO
WHICH IS BEING GREETED BY EVERYONE IN THE COUNTRY AS A DONE DEAL THAT ACTUALLY IT WILL
BE A DONE DEAL FAIRLY SOON. >> >>PEGGY: WHEN YOU SAY FAIRLY SOON, I KNOW
THE GOVERNOR THIS MORNING TWEETED HE WANTED ALL PUBLIC HEALTH DEPARTMENTS TO ISSUE MARRIAGE
LICENSES. DO YOU KNOW IN SAN DIEGO AS FAR AS WHEN THAT'S
GOING TO START� >> >>GLENN SMITH: I REALLY DON'T.
THAT'S THE QUESTION� WHAT THE COURT DID IN THIS RULING WAS TO KEEP THE FEDERAL CONSTITUTION
OUT OF IT AND SORT OF PUT US BACK IN OUR STATE LAW.
SO ALL THESE QUESTIONS WE'RE NOW DEALING WITH ARE QUESTIONS OF HOW DID DOO THE FEDERAL OFFICIALS
INTERACT, WHAT ARE THEIR TIME FRAMES AND ALL THAT.
THAT'S WHAT THE STORY'S GOING TO MOVE ON TO. >> >>PEGGY: WE'LL BE FOLLOWING T.
GLENN SMITH, THANK FOR JOINING US. >> >>DWANE BROWN: REACTION TO THE SUPREME
COURT'S DECISION ON SAMESEX MARRIAGE CAME QUICKLY FROM CITY HALL.
SAN DIEGO COUNCIL PRESIDENT TODD GLORIA SAYS HE'S OVER JOYED. HE WANTS TO MAKE SURE CITY
EMPLOYEES ARE AFFORDED PROPER BENEFITS AFTER THE HIGH COURT STRUCK DOWN THE DEFENSE OF
MARRIAGE ACT. >> >>: I THINK FOR ME PERSONALLY IT IS IMPORTANT
FOR MY CONSTITUENTS AND MILLIONS OF AMERICANS ACROSS THE COUNTRY THEIR RIGHTS ARE VALIDATED.
I'M ASKING THE RULES COMMITTEE TO TAKE A REVIEW OF ALL COMMITTEE POLICIES AND MAKE SURE THAT
WE'RE IN CONFORM NS WITH THEM. >> >>DWANE BROWN: GLORIA SAYS THERE ARE A
THOUSAND FEDERAL LAWS AND BENEFITS MARRIED COUPLES GET TO ACCESS AND HE WANTS TO MAKE
SURE ITS POLICIES ARE CONSISTENT WITH THE COURT'S DISMISS T OF DOMA.
TODAY'S DECISIONS ARE DRAWING PRAISE FROM SEVERAL OTHER LOCAL OFFICIALS. BONNIE DUMANIS
CALLS IT A REAL HOME RUN. DEMOCRATIC CONGRESS WOMAN SUSAN DAVIS SAYS
QUOTE IT'S AN AFFIRMATION OF MARRIAGE, LOVE AND COMMITMENT OF TWO LOVING PEOPLE FOR THE
GOOD OF SOCIETY, AND O OF THE SPIRIT OF EQUALITY LAID OUT IN OUR CONSTITUTION. RETURN ANOTHER
DEMOCRAT SCOTT PETERS CALLED FOR MOVING BEYOND WHAT HE DESCRIBED AS DIVISION AND DISCRIMINATION
AND WORKING TOWARD INSURING EQUAL RIGHTS FOR ALL CITIZENS.
ON TWITTER HIS REPUBLICAN CHALLENGER CARL DEMAIO SAID CALIFORNIA'S MADE A BIG STEP FORWARD
AND SAID LET'S CONTINUE TO CHANGE MINDS BY TOUCHING HEARTS.
DEMAIO NOTED HE WAS MONITORING THE DECISION WITH HIS PARTNER THIS MORNING.
SUPPORTERS OF TRADITIONAL MARRIAGE ARE PROMISING TO KEEP UP THEIR FIGHT BUT OPINION POLLS SHOW
INCREASING SUPPORT FOR SAMESEX MARRIAGE IN CALIFORNIA.
PEGGY PICO HAS MORE ON THE CHANGING SOCIAL LANDSCAPE.
>> >>PEGGY: AFTER TODAY'S RULING AND AS OF AUGUST�1, CALIFORNIA IS THE 12TH STATE ALONG
WITH THE DISTRICT OF COLUMBIA FOR A TOTAL OF 13 WHERE SAMESEX MARRIAGE IS LEGAL.
LEAVING A BAN IN 27 STATES SEEN IN RED, AND 12 STATES COLORED GRAY HAVE LIMITED OR NO
PROVISIONS FOR SAMESEX UNIONS OR MARRIAGE. HERE WITH MORE ON THE SOCIAL IMPLICATIONS
ARE PROGRESSIVE LAW ATTORNEY MATT STEPHENS AND CHARLES LIMANDRI.
CHARLES, LET ME BEGIN WITH YOU. DOES IT SURPRISE YOU AT ALL THAT THE PUBLIC
OPINION SEEMS TO BE IN SUPPORT OF SAMESEX MARRIAGE NOW?
>> >>CHARLES LIMANDRI: IT DOESN'T SURPRISE ME. WHEN THE PEOPLE HAVE BEEN ASKED TO VOTE
ON THIS ISSUE WHICH IS THE ONLY POLL THAT REALLY MATTERS IN 30 STATES THEY HAVE PAST,
WHEN PEOPLE TURN OUT TO VOTE, THEY GENERALLY IF THEY'RE WELL INFORMED ON THE ISSUE DO VOTE
TO PRESERVE MARRIAGE BY THE SAME DEFINITION THAT IT'S ALWAYS HAD.
I'M NOT TERRIBLY DISTURBED BY THAT BECAUSE WE TEND TO UNDER POLL ON THAT ISSUE IN FAVOR
WHEN WE'RE TRYING TO GET TRADITIONAL MARRIAGE PRESERVED.
>> >>PEGGY: LET ME ASK YOU, MATT, SO IT'S TRUE WHAT HE SAYS, THE ACTUAL MOMENTUM SEEMS
TO BE BUILDING. WHEN DID IT ACTUALLY START AND WHAT DO YOU
THINK IS INFLUENCING THIS SORT OF AT LEAST IN THE POLLS, THIS SHIFT?
>> >>MATT STEPHENS: I THINK IT'S BEEN A LONG TIME SINCE PROP 8 IN TERMS OF WHERE WE'VE
COME AND IN THESE LAST 5 YEARS. WE'VE HAD THE PRESIDENT OF THE UNITED STATES
COME OUT IN FAVOR OF EQUALITY. HE IS ENLIGHTENED ON THE ISSUE AS ARE SO MANY,
CERTAINLY IN CALIFORNIA, AND NATIONALLY, UNDERSTANDING THAT THIS ISN'T ABOUT HETEROSEXUAL MARRIAGE,
THAT THIS IS ABOUT EQUALITY AND YOUR RELATIONSHIP WITH YOUR GOVERNMENT.
>> >>PEGGY: YOU'VE BEEN WORKING ON LGBT AND PROP 8 ISSUES SINCE THE PROP 8, BUT CERTAINLY
WELL BEFORE THAT WITH OTHER ISSUES. WHAT SEEMS TO BE THE KEY COMPONENT OF THIS COMMUNITY
WANTING TO GET MARRIED. IS IT EQUALITY, TAXES, WHAT IS IT?
>> >>CHARLES LIMANDRI: I THINK THERE'S A DIGNITY THE COURTS SPOKE ABOUT IN THE DOMA DECISION
THAT DOES ATTACH TO HAVING NOT SECOND CLASS SAT STATUS BUT FULL EQUALITY AT THE HANDS
OF YOUR GOVERNMENT. THERE'S ALL THE NUTS AND BOLTS THING, TAXES
COST YOU MORE, CHILDREN COST MORE, HEALTH CARE COST COSTS MORE.
EDITH� I THINK IT'S A COMBINATION OF NUTS AND BOLTS BUT THE BIGGER ISSUE.
>> >>PEGGY: OKAY, AND ON THE FLIP SIDE OF THAT, CHARLES, NOW, FOR ORGANIZATIONS LIKE
YOURS AND FOR PEOPLE WHO SUPPORT FOR MARRIAGE BETWEEN A MAN AND A WOMAN AND DO YOU THINK
THERE'S GOING TO BE A BACK LASH AFTER THIS DOMA RULING AND AFTER THE PROP 8 RULING?
DO YOU THINK THAT YOUR ORGANIZATIONS OR PEOPLE MIGHT ACTUALLY START SAYING HEY, YOU GUYS
ARE WAY OUT THERE? >> >>CHARLES LIMANDRI: I THINK TO A CERTAIN
EXTENT, THERE WILL BE. ON DOMA IT WASN'T A BIG SURPRISE BASED UPON
THE ARGUMENTS BEFORE THE UNITED STATES SUPREME COURT.
KEEP IN MIND THEY DID NOT IMPOSE SAMESEX MARRIAGE ON THE ENTIRE COUNTRY.
IN THOSE STATES THEY HAVE CONSTITUTIONAL AMENDMENTS KEEPING MARRIAGE BETWEEN A MAN AND A WOMAN,
THAT HASN'T CHANGED. THE SUPREME COURT DID RECOGNIZE THE RIGHT
OF STATES TO BE ABLE TO DECIDE THIS ISSUE. THAT'S A LITTLE INCONSISTENT WITH THE INTERPRETATION
BEING GIVEN THE RULING ON PROPOSITION 8 BY SAYING THAT PEOPLE IN CALIFORNIA DID NOT HAVE
THE RIGHT TO DECIDE. SO THERE WILL BE SOME FURTHER LEGAL ACTION
TO DETERMINE WHAT EXACTLY DID THE SUPREME COURT DECIDE ON PROP 8.
>> >>PEGGY: WE'LL BE FOLLOWING UP ON THAT WITH YOU PROBABLY AS WELL AS OTHERS.
MATT, I DO WANT TO ASK YOU, WHAT OTHERS CIVIL ISSUES DOES THIS OPEN THE DOOR FOR� PERHAPS
THIS BATTLE ISN'T OVER, BUT DOES IT OPEN THE DOOR FOR OTHER IMPORTANT ISSUES FOR THE COMMUNITY
TO MOVE FORWARD ON? >> >>MATT STEPHENS: I THINK THERE'S STILL
THE FULL MEASURE OF INEQUALITY THAT HAS TO BE GAINED.
DOMA IS UNCONSTITUTIONAL ONLY AS SECTION 3 OF THAT STATUTE.
AND IT DOES ALLOW THE STATES TO CONTINUE TO HAVE DIFFERING RULES WHICH IS A NIGHTMARE
UNTO ITSELF. EVEN ASIDE FROM THAT NIGHTMARE, THAT IS NOT
FULL EQUALITY AT THE HANDS OF THE FEDERAL GOVERNMENT.
I THINK THAT IS THE NEW GROUND TO BE STAKED OUT.
>> >>PEGGY: A LOT MORE TO FOLLOW UP ON THIS. MATT STEPHENS AND CHARLES LIMANDRI SO THANK
YOU SO MUCH FOR TALKING TO US ABOUT THIS. >> >>DWANE BROWN: THE MILITARY'S HIGHEST COURT
HAS OVER TURNED THE CONVICTION OF A CAMP PENDLETON MARINE IN ONE OF THE MOST SIGNIFICANT CASES
AGAINST AMERICAN TROOPS FROM THE IRAQ WAR. LAWRENCE HITCH NS WAS CONVICTED OF THE ***�
LEAD HIS SQUAD IN THE SHOOTING, HE APPEALED SAYING HIS CONSTITUTIONAL RIGHTS WERE VIOLATED
WAS HELD IN SOLITARY CONFINEMENT FOR SEVEN DAYS WITH NO ACCESS TO A LAWYER.
THE MILITARY COURT AGREED. ANOTHER DAY IN BANKRUPTCY COURT FOR THE NOW
DEFUNCT SAN DIEGO HOSPICE. IT'S CLOSED AND NOW THE FOCUS IS ON WHO GETS
WHAT. THE FEDERAL GOVERNMENT IS THE LARGEST CREDITOR
ON THE LIST. WE HAVE THE LATEST FROM JOANNE FARYON, INVESTIGATIVE
REPORTER FOR EYE NEWS SOURCE. SO JOANNE, HOW MUCH MONEY DOES THE FEDERAL
GOVERNMENT SAY IT'S OWNED FROM SAN DIEGO HOSPICE? >> >>JOANNE FARYON: THEY SAY MORE THAN 112�MILLIONDOLLARS.
THEIR CLAIM COMES FROM A TWOYEAR AUDIT. THE HOSPICE HAD BEEN UNDER SCRUTINY FOR MONTHS
ABOUT WHETHER IT WAS ADMITTING PATIENTS INTO CARE WHO WERE NOT ELIGIBLE.
DEBY DEFINITION IT'S FOR PEOPLE WITH SIX MONTHS OR LESS TO LIVE.
THE FEDERAL GOVERNMENT HAS INDICATED IN ITS STATEMENTS FILED IN BAN BANKRUPTCY COURT IT'S
LOOK NOTHING TO POSSIBLE CRIMINAL CHARGES. >> >>DWANE BROWN: HOW LIKELY IS IT THAT THEY
WILL GET ANY OF THIS MONEY? >> >>JOANNE FARYON: THEY CERTAINLY WON'T GET
MUCH OF T. THERE ARE HUNDREDS, POSSIBLY THOUSANDS OF
PEOPLE, COMPANIES, AGENCIES, MANY FORMER EMPLOYEES ALL MAKING A CLAIM IN THIS CASE.
THE HOSPICE HAS ONLY ABOUT 16�MILLIONDOLLARS TO SPLIT BETWEEN EVERYONE AND THAT'S GOING
TO COME FROM THE SALE OF ITS BUILDING. THERE IS ALSO A TIER PROCESS WHICH DECIDES
WHICH CLAIMS GET PAID FIRST. ATTORNEYS TELL ME THE FEDS WILL GET SOMETHING
BUT CERTAINLY NOTHING CLOSE TO WHAT THEY'RE ASKING FOR.
>> >>DWANE BROWN: WHAT'S NEXT? >> >>JOANNE FARYON: A LOT MORE COURT HEARINGS,
A LOT OF PROCEDURAL ISSUES. IT'S LIKELY NO WIN THIS CASE WILL SEE ANY MONEY BEFORE NEXT
YEAR. >> >>DWANE BROWN: JOANNE FARYON OF OUR EYE
NEWS SOURCE. 600 NON UNION WORKERS ARE BEING LAID OFF FROM
THE SAN ONOFRE NUCLEAR PLANT. THE PLANT'S OPERATOR PREPARES TO DECOMMISSION
THE FACILITY. SOUTHERN CALIFORNIA EDISON IS PLANINGA JOB
FAIR FOR THOSE DISPLACED WORKERS. THE DEPARTMENT OF DEFENSE IS QUIETLY BECOME
BECOMING�A FORCE FOR HABITAT CONSERVATION IN SOUTHERN CALIFORNIA AND THE REST OF THE
NATION. ERIK ANDERSON SAYS THE D.O.D. IS HELPING BY
FRAGILE HABITAT OFF BASE TO PROTECT THE MILITARY TRAINING MISSION ON BASE.
>> >>: THIS WINDY HILL JUTS UPWARDS IN THE HEART OF CAMP PENDLETON, IT'S A PERFECT VANTAGE
POINT. PENDLETON'S ENVIRONMENTAL PLANNERS SURVEYS
A LARGE SOUTHERN CHUNK OF THE BASE. >> >>: YOU CAN SEE FIRE BREAK JUST OVER THE
TOP OF THE VEHICLE PARKING AREA AND THAT ONE'S ALONG THE EDGE OF THE BASE.
>> >>: HOUSING RIGHT THERE LIMITS MILITARY TRAINING ON THE SPRAWLING 125,000ACRE FACILITY
AND TRAINING IS AT THE HEART OF THE MARINE CORPS MISSION. LIVE ROUNDS PEP AR LANDSCAPE
OF MORE THAN 30 TRAINING PLACES ON THE BASE, NEARLY ALL OF THOSE AREAS SERVE AS A HOME
TO AN ENDANGERED SPECIES. QUIGLY SAYS THE MILITARY ADJUSTS TO SOFTEN
THE FOOT PRINT ON FRAGILE HABITAT AND THAT'S BECAUSE THE MILITARY HAS A VESTED INTEREST
IN MAYING MAKING SURE WILD LIFE THRIVES HERE. >> >>: WE WANT A HABITAT THAT CAN BE USED
BY SPECIES WE'RE MANAGING FOR SO THAT THERE'S MORE HABITAT AVAILABLE FOR THAT SPECIES.
THE ULTIMATE TO US WOULD BE TO FIND A BAY WAY TO HAVE THESE SPECIES REACH RECOVERY AND
BECOME DIS LISTED. >> >>: THAT'S BECAUSE THE MILITARY SPECIES
MANAGEMENT BURDEN GETS A LOT LIGHTER IF IT'S DEALING WITH ENDANGERED SPECIES.
CLEARLY THE MILITARY TRAINING HAS AN IMPACT ON ENDANGERED SPECIES O ON THE BASE, BUT THE
MILITARY IS ALSO LOOKING TO HAVE A POSITIVE IMPACT ON ENDANGERED SPECIES JUST OUTSIDE
OF THE BASE'S BORDERS. >> >>: THIS WOULD HAVE BEEN A HOUSE HERE,
YOU CAN SEE A ROAD GOING UP THE HILL. THERE MAY HAVE BEEN ANOTHER HOUSE ON TOP.
>> >>: CHRIS STANDS ON A HILL SIDE JUST OUTSIDE OF CAMP PENDLETON. IT WAS BOUGHT AND PRESERVED
IN 2007 AS PART OF THE READINESS AND ENVIRONMENTAL PROTECTION INITIATIVE.
THE MILITARY PAID HALF, THE NATURE CONSERVATORY PAYED THE REST.
NOW THIS OVER GROWN HILL SIDE IS A PRESERVED WILD LIFE GATEWAY TO A VITAL NORTH COUNTY
CORRIDOR. >> >>: THE SANTA MARGARITA RUNS RIGHT ALONG
THE BOTTOM OF THE CANYON HERE. YOU HAVE THE SANTA ANA MOUNTAIN OR THE SANTA
MARGARITA MOUNTAINS. >> >>: THIS RIVER SNAKES ALL THE WAY TO THE
CLEVELAND NATIONAL FOREST. JOHN RANDALL SAYS BUYING AND SETTING ASIDE
THE HABITAT NOURISHES WILD POPULATIONS ON CAMP PENDLETON.
>> >>: THE RIVER IS DESIRABLE PROPERTY. FOLKS WANT TO LIVE ALONG PLACES LIKE THIS.
THIS HAS KEPT THE INTEGRITY OF THE HABITAT FOR THE ANIMALS AND PLANTS TO MAKE THESE MOVEMENTS
THROUGH THE CORRIDOR. >> >>: RANDALL SAYS THE RIVER VALLEY ALLOWS
ANIMALS TO FIND THEIR WAY INTO THE REGION'S POCKETS OF HABITAT, WHILE NOT PRISTINE, RANDALL
SAYS THE LAND NEEDS TO BE KEPT SOMEWHAT WILD. >> >>: THE RIVER CORRIDOR HERE IS QUITE RUGGED.
YOU CAN SEE IT HASN'T BEEN HEAVILY DEVELOPED. IT'S STILL LARGELY A NATIONAL HABITAT.
IT COULD HAVE BEEN DEVELOPED SO IT'S BEEN PROTECTED.
WE'RE REALLY LUCKY THAT IT'S THE IN THE SHAPE THAT IT'S IN NOW.
>> >>: THE MILITARY PROGRAM THAT MADE THIS PURCHASE POSSIBLE HAS PROTECTED LAND AROUND
64 MILL NARY STATIONS AROUND THE COUNTRY. IN SAN DIEGO, THE LAND PURCHASE WELCOMES HABITAT
PRESERVATION PLAN. MICHAEL BECK IS WITH THE ENDANGERED HABITATS
LEAGUE. HE SAYS THE MILITARY IS A KEY PLAYER IN THE
EFFORT TO BUILD UP THE REGION'S MULTISPECIES HABITAT PRESERVES.
>> >>: IT'S CREATING IMPORTANT CONNECTIONS TO OUR EXISTING RESERVE SYSTEMS.
IT'S WHERE THE MONEY'S BEING SPENT. >> >>: FEDERAL OFFICIALS HAVE BOUGHT MORE
THAN A BILLION DOLLARS WORTH OF ECOLOGICAL VALUED LAND BORDERING MILITARY INSTALLATIONS.
BOTH CAMP PENDLETON AND MARINE CORPS STATION MIRAMAR.
KEN QUIGLY SAYS MILITARY LEADERS RECOGNIZE THE VALUE OF CREATING ENVIRONMENTAL BUFFERS
AND THEY'RE WILLING TO SPEND THE MONEY. >> >>: THE SANTA MARGARITA RIVER VALLEY IS
OUR LAST WILD LIFE CORRIDOR AND CONDUCTIVITY TO OTHER OPEN SPACES IN SOUTHERN CALIFORNIA.
IF THAT WERE TO BE BLOCKED YOU'LL FIND CAMP PENDLETON BECOME A ISLAND.
WE'D BECOME AN ISLAND AND THAT CHANGES THE BIODIVERSITY.
>> >>: QUIGLY SAYS THE MILITARY SEES VALUE IN STRATEGIC SPENDING EVE IF IT IS OFF BASE.
HE SAYS PROTECTING ENDANGERED SPECIES NOW MIGHT AVOID PUTTING EXTRA SHACKLES ON THE
MILITARY TRAINING MISSIONS IN THE FUTURE. ERIK ANDERSON KPBS NEWS.
>> >>: ON THE NEXT NEWS HOUR, THE SUPREME COURT RULES ON TWO LAND MARK SAMESEX MARRIAGE
CASES. THAT'S WEDNESDAY ON THE PBS NEWS HOUR.
>> >>DWANE BROWN: LOOKS LIKE THE HEAT IS ON THE WEATHER SERVICE HAS PUT OUT AN EXCESSIVE
HEAT WARNING FOR PARTS OF SAN DIEGO COUNTY THIS WEEKEND.
THE COAST WILL BE THE COOL SPOT WITH TEMPERATURES IN THE UPPER 70S.
80S AND LOW 90S FOR THE INLAND VALLEYS. AND LOW TO MID90S IN THE DESERT AS WELL.
WE CAN SEE TEMPERATURES NEAR 120DEGREES. SATURDAY AND SUNDAY ARE EXPECTED TO BE THE
HOTTEST DAYS. YOU CAN FIND TONIGHT'S STORIES AND DOWNLOAD
THE KPBS APP ALL ON OUR WEBSITE, KPBS.ORG/EVENINGEDITION. THANK YOU SO MUCH FOR JOINING US.
HAVE A GREAT NIGHT. CAPTIONS PROVIDED BY ECAPTIONS