ProtectMarriage.com - Yes on 8, a Project of California Renewal et al v. Bowen et al

Filing 112

STATEMENT of Undisputed Facts in Support of Plaintiffs' Motion for Summary Judgment by Plaintiffs ProtectMarriage.com - Yes on 8, a Project of California Renewal, National Organization for Marriage California - Yes on 8, Sponsored by National Organization for Marriage, National Organization for Marriage California PAC, John Doe #1 re #110 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Appendix Court Summary of John Doe Decl. #1 - #9, #2 Appendix Summary of John Doe Decl. #10 - #58)(Bieniek, Scott)

Court Summaries of John Doe Declarations (John Doe #1 - #9) Declaration of John Doe #1 John Doe #1 donated funds to ProtectMarriage.com, placed a yard sign in front of his home, and made phone calls supporting Proposition 8 on behalf of a church group. He was required to list the name of his business when he contributed to ProtectMarriage.com, and, consequently, in October, someone papered the cars in his parking lot with flyers referencing his support for Proposition 8 and the amount of his contribution. His business has since been targeted by numerous boycotts, several orchestrated through Facebook. At one point, someone paid for a sponsored link on Google so that a search for John Doe #1's store resulted in a website referencing his support for Proposition 8 and urging a boycott. Additionally, several negative reviews of his business were posted on Yelp.com referencing his donation to Plaintiff. Other websites have posted similar reviews. John Doe #1's business has twice been picketed and, in November, opponents of Proposition 8 allegedly orchestrated a march intended to culminate in further picketing of John Doe #1's business. According to John Doe #1, the protesters have become quite aggressive and he has received numerous letters and hundreds of emails condemning his support of the Proposition. Approximately 30-40 people have frequented his business to express their displeasure with his support of the ballot initiative. John Doe #1 eventually became concerned that opponents of Proposition 8 would tamper with his products so he installed sixteen additional security cameras. John Doe #1 contends that he will not contribute in the future and does not believe his business should suffer repercussions because of his personal donation. Declaration of John Doe #2 John Doe #2 made two donations to ProtectMarriage.com and posted a "Yes on 8" bumpersticker on his car. Subsequently, in November, someone distributed a flyer, in the town of his residence, labeling him a bigot. Additionally, the flyer listed his religious affiliation and the dollar amount of his contributions. According to John Doe #2, no one but his family was aware of his financial contribution, so he believes the information must have derived from public disclosure by the State. John Doe #2 also claims that he will be unlikely to contribute to similar causes in the future. Declaration of John Doe #3 John Doe #3 is a pastor at a Lutheran Church. Prior to the passage of Proposition 8, he informed his congregation that the Bible supports marriage between one man and one woman. He further stated that the congregation should vote accordingly. Also prior to the passage of Proposition 8, an individual placed a "Yes on 8" sign on church property. In November, someone used the sign and a heavy object to break a large window in the church building.

Pls.' Stmt. of Undisputed Facts - App. A

Declaration of John Doe #4 John Doe #4, an attorney who is the sole shareholder in his firm, donated funds to NOMCalifornia. In support of Proposition 8, John Doe #4 wrote articles supporting Proposition 8 and conducted lectures to local groups in support of the initiative. He also held a fundraiser at his home to support the ProtectMarriage.com - Yes on 8 campaign. A group of protesters conducted a demonstration at the entrance to his community and attempted to hand flyers to guests as they passed through the gate to the neighborhood. Over the course of November 13-16, John Doe #4 received approximately 15-20 harassing emails. One email stated, "hello propogators & litigators burn in hell." Exh. B. Another stated, "Congratulations. For your support of prop 8, you have won our tampon of the year award. Please contact us if you would like to pick up your prize." Id. At least one message referenced the amount of John Doe #4's contributions and the amount of an additional short-term loan John Doe #4 had provided to ProtectMarriage.com. Finally, John Doe #4's name, business and the amount he donated were posted on the website www.californiansagainsthate.org. Declaration of John Doe #5 John Doe #5 contributed funds to ProtectMarriage.com. In November, John Doe #5 received an email suggesting that his company's image would be damaged as a result of his support of Proposition 8. John Doe #5 now feels threatened and uneasy knowing that his company could be targeted. Declaration of John Doe #6 John Doe #6 donated funds to ProtectMarriage.com. He did not engage in any other public support of the initiative. His name and the amount of his donation was listed on www.californiansagainsthate.com. At the end of November, he received a postcard allegedly insulting him for supporting the ballot measure. The postcard was typed and stated in part, "We just hope you are proud of your participation in this Great Crusade. Just think of how you have contributed to the economy with the money you donated! It doesn't matter that there are thousands of worthwhile charities that could have used those funds to feed starving people, clothe the homeless, and find cures for cancer and other life-threatening diseases. You must be so proud!" Declaration of John Doe #7 John Doe #7 is the senior pastor of a church and donated funds to ProtectMarriage.com. His family members displayed bumper stickers on their cars and displayed yard signs in front of their house. John Doe #7's church served as a distribution center for the petitions initially circulated in support of the Proposition. The church also distributed yard signs and bumper

Pls.' Stmt. of Undisputed Facts - App. A

stickers. Additionally, members of the church telephoned approximately 275 people on behalf of ProtectMarriage.com. John Doe #7 received one phone call at the church stating that if he was against gay marriage, he should equally be against divorce. Twice, the "Yes on 8" bumper stickers were ripped off of his wife's car at her place of employment. One of these times, an antiProposition 8 note was left on the windshield. The typed note stated, "Why would you want to deprive others of fundamental human rights? What if a close friend, family member or co-worker was gay and wanted to get married? Wouldn't you want to support the love they have for their partner and want them to have the same rights as you and others? Please re-think your position. There are so many more important issues in this world that need our attention rather than gay marriage. We need to learn tolerance, acceptance and love of each other. PLEASE VOTE NO ON PROP. 8." Exh. A. Thereafter, he placed bumper stickers inside of the car windows with tape so that they could not be removed. John Doe #8 John Doe #8 contributed funds to ProtectMarriage.com, displayed a bumper sticker on his car, and placed a yard sign in his front yard. John Doe #8 also attended numerous rallies, three press conferences, and spoke at a number of churches in Los Angeles, Orange County, and San Diego in support of Proposition 8. Additionally, he participated in panel discussions involving same-sex marriage. Finally, John Doe #8 attended an election night gathering at which he was photographed. That photograph was published in at least one periodical and possibly in numerous others. John Doe #8's yard sign was twice stolen and destroyed. After his photograph was published, he began receiving harassing letters, e-mails and at least one phone call at his workplace. One such message stated, "Jesus doesn't love you! He will punish you in hell for voting to deny a minority the same equal rights the rest of us have.You're as bad as the racist white people who used to enjoy banning black people the same rights as them. The rest of the world is disgusted by your actions. Best start rethinking your position NOW!" Exh. B. He has also received harassing messages on his MySpace and Facebook accounts. As a result, John Doe #8 will be reluctant to contribute to similar causes in the future. John Doe #9 John Doe #9 attended an election night gathering for supporters of Proposition 8. A photograph taken of him that night was published in at least one periodical and may have appeared in numerous others. Since publication of this picture, John Doe #9 began receiving harassing messages on his MySpace and Facebook accounts. Many of these contained profanity and one threatened him with assault.

Pls.' Stmt. of Undisputed Facts - App. A

In November, John Doe #9 arrived home to a harassing message on his answering machine. A man, in a mocking tone, stated that the people in the picture with him were "Nazis" and against human rights. Additionally, he stated, "I certainly hope that someday somebody takes away something from you and then you'll realize what a [expletive] [expletive] you are." John Doe #9 also received several harassing emails and phone calls at work. Some of the messages stated that the individuals knew where he worked and that they were going to attempt to have him fired. Additionally, other departments and employees received an email stating that he came "from a long line of bigots and racists." In November, in response to the above incidents, John Doe #9 filed a police report, began coordinating with security to ensure his safety at work, and changed his home phone number. As a result, John Doe #9 would think carefully about the possible consequences of donating to or publicly supporting a similar cause in the future.

Pls.' Stmt. of Undisputed Facts - App. A