Gay Marriage: Is California’s Supreme Court Shifting?

The prospects of same-sex marriage in California grew dimmer Thursday, when two Supreme Court justices who helped create the right for gays to marry in last year’s historic decision expressed deep reservations about attempts to strike down a statewide referendum passed last fall to ban the practice. “You would have us choose between these two rights: the inalienable right to marry and the right of the people to change their constitution,” said Justice Joyce L. Kennard, one of those two key judges. “You ask us to willy-nilly disregard the right of the people to change the constitution of the state of California. But all political power is inherent in the people of California.” (See the top 10 ballot measures.)

The justices created the right to marry same-sex partners in California last year in a sweeping 4-3 decision. But in November, Californians went to the polls to amend the constitution to prohibit gay marriage. The amendment passed with 52% of the vote, but protests spread throughout the state in the days immediately after the vote. Several groups sued, arguing that stripping away the right to marriage amounted to such a serious change to the constitution that it should require more than a simple majority vote. (Read “A Brief History of Gay Marriage.”)

Chief Justice Ronald George, the Republican justice who authored last year’s opinion, appeared to agree that the barrier to constitutional amendments is far too low in California, noting that the Golden State has seen fit to amend its constitution no fewer than 500 times since 1911, while the U.S. Constitution has survived more than 200 years with just 27 amendments. But like Kennard, who had also voted with the majority to establish the right to gay marriage last year, George seemed to suggest Thursday that until the people of California raise the barrier for amendments, the court has little power to overturn their decisions.

See Gay Marriage: Is California’s Supreme Court Shifting? @ Time

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NC leaders remain steady avoiding marriage vote

RALEIGH, N.C. — There’s little doubt lawmakers heard the voices of thousands of Christian conservatives outside the Legislative Building seeking a statewide vote on a constitutional amendment banning gay marriage.

There’s also little doubt the rally participants won’t get what they want.

While voters in all other Southeastern states have approved state constitutional amendments restricting marriage between one man and one woman since 2004, North Carolina has declined to follow along. A combination of partisan strategy, steady opposition from gay rights groups and a lack of court challenges to current state law has kept the issue off the ballot.

And it’s likely to stay off as long as Democrats run the Legislature. See NC leaders remain steady avoiding marriage vote

Dallas Voice

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Red State Porn Purchasing Power

More subscribers to online pornography live in traditionally conservative red states than blue states, according to a study published last week in the American Economic Association’s Journal of Economic Perspectives.

Utah leads the country with 5.47 subscribers per 1,000 broadband users, followed by Alaska (5.03) and Mississippi (4.30). California ranked 39th at 2.46.

“The most natural interpretation is that conservatives are buying disproportionately much online adult entertainment,” said Benjamin Edelman, the study’s author. “Though, to be sure, it’s also possible that the minority of liberals in the same regions are the ones making these purchases.”

Edelman, an assistant professor of business administration at Harvard Business School, said he adjusted his data to compare states with varying populations and Internet usage, in order to place them all on a level playing field.

Edelman obtained a list of zip codes associated with credit card subscribers from what he described as a “top-10 seller of online adult entertainment” from 2006 to 2008. The company agreed to let Edelman analyze the information if he agreed to keep the company’s name anonymous, he said.

The researcher also found a marginally higher rate of porn subscribers in the 27 states that had passed “defense of marriage” amendments to keep same-sex marriages unconstitutional compared to states that had no such laws.

Red State Porn Purchasing Power

San Francisco Chronicle

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Equality Texas fears anti-gay backlash with new speaker

The Texas Legislature opened its 81st session this week with a moderate Republican at the helm as speaker of the House, but with the Senate in an uproar as Republicans there try to circumvent filibuster rules.

Randall Terrell, political director for the LGBT advocacy organization Equality Texas, said Wednesday, Jan. 14, that new leadership in the House could be advantageous for LGBT people in the Lone Star State. But it could also bring up new challenges, as well.

“I am a little more hopeful now that [San Antonio Republican Rep. Joe] Straus is speaker of the House, but that cuts both ways,” Terrell said.

The speaker of the House controls the agenda there, determining which bills can come to the floor for a vote. Straus is not expected to push the kind of socially conservative agenda that former Speaker Tom Craddick backed. But Craddick still has supporters in the House, and they are likely to test the new speaker on those issues with anti-gay amendments to other bills, Terrell said. See Equality Texas fears anti-gay backlash with new speaker
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