LA Times Editorial: A court battle California doesn’t need
The Supreme Court’s ruling last week in the case of a grandiosely unethical West Virginia justice opened a new field of constitutional review — the high court may now consider when an elected state court jurist has been so tainted by politics that due process requires him to recuse himself from a case.
In West Virginia, a coal executive spent more than $3 million to unseat a sitting state Supreme Court justice; it was money well spent, as the justice was defeated by voters and replaced by Brent Benjamin. Benjamin then did what was expected of him and cast a deciding vote in overturning a $50-million jury award against the executive’s coal company.
Indeed, California has wrestled with this problem before — and quite possibly could again.
California’s system for selecting Supreme Court justices is much better than West Virginia’s. Candidates for the court here are nominated by the governor, confirmed by a state commission and then placed on the bench. They must periodically stand for retention, but they are not, as they are in West Virginia, subject to direct challenge by rival candidates. A retention election can cost a justice his or her seat, but it does not let voters kick out one justice and install their own replacement.
California’s rules have helped balance the judiciary’s independence with the public’s fair insistence on accountability, but even this state’s reasonable retention process has been subject to tilt. Most notable was the 1986 retention election that removed Chief Justice Rose Bird and two associate justices, Cruz Reynoso and Joseph Grodin. Much reflection has gone into that race in the decades since, and opinions differ on its merits. Two truths, however, stand the test of deep inquiry: The forces arrayed against Bird were not motivated solely by her opposition to the death penalty — that was cover for a second complaint, which was her defense of consumer rights against corporate power — and Reynoso and Grodin were victims of a special-interest crusade against a vulnerable chief.
Would that we could relegate that episode to California’s history. In fact, the state rumbles with discontent over its high court and chief, and those stirrings contain alarming echoes of the battle of 1986.
At issue are the court’s rulings on same-sex marriage and Proposition 8, and its chief justice, Ronald M. George. In May 2008, the court overturned the state’s ban on gay marriage, striking a victory for civil rights in the grandest tradition of constitutional protection of minorities. A few months later, after voters approved Proposition 8 and amended the state Constitution to ban the same institution that the court had upheld, George and his colleagues upheld the amendment. Both times, George wrote for the majority. He thus angered opponents of gay marriage in 2008 and supporters of it in 2009.
By California’s rules, George faces a retention election in 2010, and some predict that he could face challenges from either side — or even both — in this polarizing debate.
That would be a shame for the state’s judiciary, an unfortunate attack on judicial independence and an unfair castigation of one of this state’s most principled and admirable public officials. In the gay-marriage cases, George’s votes demonstrated conscience, professionalismand restraint. He voted to uphold same-sex unions out of the strong conviction — which this page shares — that the Constitution does not allow society to deny the protection of marriage to gay couples any more than it once denied it to those united across race. The ruling was right on the law, and will certainly be validated over the long march of history.
Months later, voters tacked in the other direction, narrowly rejecting gay marriage and amending the Constitution to allow California to recognize only the unions of heterosexual couples. That was challenged, naturally, and the lawsuit offered the court the opportunity to extend its earlier ruling, though on shaky constitutional grounds — advocates for same-sex marriage argued that Proposition 8 was such an affront to the rights of Californians that it revised the Constitution rather than merely amending it. Scholars split on the merits of that argument, and although the strong consensus of legal opinion rejectedit, an opportunistic justice might have seized the chance to solidify his legacy.
Instead, George subordinated his politics — as evidenced by his writing — to the weight of constitutional opinion. He voted to uphold the proposition, even though it undid his own work. Permitted latitude within the strictures of the Constitution in the first case, George was able to vote his conscience; bound by the Constitution in the second case, he yielded.
Such is the lot of a principled judicial officer, but those concerned only with results already have signaled their unhappiness with George. The moneyed interests that supported Proposition 8 last fall are considering whether to finance a campaign against George next year. Supporters of gay marriage, who championed his heroism in 2008, were bitterly disappointed when the court upheld the hateful initiative.
This is not West Virginia. Corporate interests are not knocking off justices who disagree with them and seating more accommodating replacements. But intimidation has no place in our judicial life any more than it does in Appalachia. The 1986 campaign against Bird and her colleagues now stands for many as a reminder that well-intentioned systems of accountability may be hijacked by special interests, a lesson learned too often and at great cost in California. It was misguided in its first iteration; it would be regrettable in its second.
See A court battle California doesn’t need
Los Angeles Times -
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Christian group sues for right to burn gay teen novel
n a scene which appears to have been lifted straight out of Ray Bradbury’s Fahrenheit 451, a group of Christians in Wisconsin has launched a legal claim demanding the right to publicly burn a copy of a book for teenagers which they deem to be “explicitly vulgar, racial [sic], and anti-Christian”.
The offending book is Francesca Lia Block’s Baby Be-Bop, a young adult novel in which a boy, struggling with his homosexuality, is beaten up by a homophobic gang. The complaint, which according to the American Library Association also demands $120,000 (£72,000) in compensatory damages for being exposed to the book in a display at West Bend Community Memorial Library, was lodged by four men from the Christian Civil Liberties Union.
Their suit says that “the plaintiffs, all of whom are elderly, claim their mental and emotional well-being was damaged by this book at the library,” and that it contains derogatory language that could “put one’s life in possible jeopardy, adults and children alike.”
“The word ‘faggot’ is very derogatory and slanderous to all males,” the suit continues. “Using the word ‘Nigger’ is dangerously offensive, disrespectful to all people. These words can permeate violence.” The suit also claims that the book “constitutes a hate crime, and that it degrades the community”.
“They’ve filed a claim against the city of West Bend and the city has to decide if it is valid,” said Deborah Caldwell-Stone, acting director of the ALA’s office for intellectual freedom. “Their insurance company is evaluating the claim, but I would be very surprised if they found any merit in it … Should they find any merit in this claim, we would certainly support the library in fighting it.”
The legal challenge follows a lengthy campaign by some West Bend residents to restrict access to teenage books they deemed sexually explicit from library shelves, which was eventually thrown out at the start of June.
“Obviously we were really pleased with the outcome to that – there was a unanimous vote to keep the books in the library and we thought the matter should be over,” said Larry Siems, director of the Freedom to Write programme at PEN America.
Siems said there was clearly “a bit of theatre” in the lawsuit which followed. “They’ve filed a lawsuit which has little possibility of going forward legally, and they’re asking for damages which include the right to burn a book. It does seem more to gain publicity than a real serious challenge.” But, he said, PEN remained very concerned about the impulse behind the claim. “This is a group of people trying aggressively to rid the library of these books and that’s very serious – it needs to be fought.”
The claimants, he said, “have a right to continue to express their views, and this in a way is a creative attempt to express those views”. But it’s “also a dangerous game when you’re talking about something like book burning, calling on the law to burn books. It’s certainly completely un-American, and if they paused, I think they would agree.”
It was not possible to reach the Christian Civil Liberties Union for comment.
See Christian group sues for right to burn gay teen novel guardian.co.uk
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Urgent Petition: Save Roodabeh and Ali, Iranian Homosexual Refugees
Roodabeh is a 30-year-old lesbian woman who left Iran in February 2008 to flee from the persecution that the regime of President Ahmadinejad reserves for homosexuals; persecution that foresees in many cases – according to a ruthless interpretation of Islamic law – prison sentences, torture and even death. Ali is a 29-year-old gay. He too was forced to leave Iran to escape the repression in January 2008. Once in Turkey, Roodabeh and Ali applied for asylum to the UN High Commissioner for Refugees (Ankara section) on the grounds of their sexual orientation.
EveryOne Group, Human Rights international organization, would point out that the right of asylum, as laid out in the Universal Declaration of Human Rights (art. 14) and finalized by the Geneva Convention, is one of the fundamental rights of human beings, and is recognised by civil countries to those fleeing from violence and persecution. Turkey signed the Geneva Convention and has saved many human lives by acknowledging their status as refugees and offering them humanitarian protection. However, Turkey’s present policies where the rights of refugees and asylum seekers are concerned, have recently become more restrictive. So much so that Amnesty International has recently brought to international attention the repeated violations of the Geneva Convention in the Republic of Turkey, as well as the episodes of abuse carried out by the police against refugees. Roodabeh and Ali live in fear of being repatriated as the Iranian authorities are aware of their flight and the reason they were forced to seek asylum. If they were to be deported, they would have little chance of being spared this persecution.
They live in a state of anguish (as well as discrimination, seeing they are both foreigners and homosexuals) knowing their lives are in danger. They survive only thanks to the commitment of individuals and human rights organizations, but their condition will deteriorate rapidly if their right to international protection is not urgently recognised.
This is why EveryOne Group, working alongside Iranian Queer Railroad (IRQR) and a network of human rights organizations, is promoting a campaign and appealing to the UN High Commission for Refugees to recognise their legitimate right to international protection and asylum.
EveryOne Group activists must point out that Roodabeh and Ali have been awaiting the decision of the High Commission for many months, without financial support, social assistance or programmes of insertion into the work force.
A petition has been submitted to ask international and Turkish authorities and institutions to grant immediate asylum status to the two Iranian homosexuals. You can sign it at http://www.gopetition.com/online/28514/sign.html
For further information:
EveryOne Group
http://www.everyonegroup.com :: info [at] everyonegroup.com
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WATCH: Maddow Calls Out Obama On “Don’t Ask Don’t Tell”
Reacting to yesterday’s decision by the Supreme Court to not hear a case challenging the constitutionality of the military’s longstanding “don’t ask don’t tell” policy, Rachel Maddow featured a segment that broadly called the Obama administration’s oft-stated commitments to ending the practice into question.
Maddow points out that the case itself doesn’t hurt the cause of ending DADT. Advocates for a change in policy were of the mind that the Supreme Court challenge would not be a game-changer. Nevertheless, Maddow opined that the case was “a big deal” because for all of President Barack Obama’s past advocacy in support of ending DADT, he now has a lawyer of his very own arguing that the policy is “rationally related to the government’s legitimate interest in military discipline and cohesion.”
Which is, of course, ridiculous. All “don’t ask don’t tell” is, is a policy by which everyone pretends that the gay and lesbian soldiers that are already serving in the military aren’t really there, and that everything is okay provided that those gay and lesbian soldiers agree to participate in the Grand Shenanigan of Pollyanna Pretense. So, no, Mr, President. No, Mr. President’s lawyer. No. No. And, no. It simply cannot be said that “don’t ask don’t tell” is rationally related to a single blessed thing.
WATCH: Maddow Calls Out Obama On “Don’t Ask Don’t Tell”
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Backlash to lenient sentence in gay bashing case
A group of local activists have planned a rally June 18 outside the Edward Brooke Courthouse to protest the sentence of Fabio Brandao, a 29-year-old Framingham man who pleaded guilty to taking part in a brutal gay bashing in the South End on Aug. 24. Boston District Court Judge Thomas C. Horgan imposed a two-year suspended sentence and mandatory completion of an anger management program on Brandao, but the Anti-Violence Project and the grassroots LGBT group Join The Impact Massachusetts plan to demonstrate to send the message that they believe the sentence was too lenient. Brandao pleaded guilty to nine charges, including four civil rights violations; he and three friends ambushed a group of four people in their mid-20s on Columbus Avenue who were returning home from the Roxy nightclub, and the assailants kicked and punched two of the men in the head, leaving them with cuts, bruises and mild concussions. Brandao and his assailants allegedly called the victims “faggots” during the assault.”It’s just inconceivable that Brandao could have left two men brain-injured in the street on Columbus Avenue and then walk out of court with an anger management assignment. It shocks the conscience, and it points to a deep-seated problem the Anti-Violence Project has struggled with since 1986, and that’s that gay, lesbian, bisexual and transgender people don’t get equal protection under the law,” said Don Gorton, chair of the Anti-Violence Project. See Backlash to lenient sentence in gay bashing case
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How far New Hampshire has come
A photograph of state Rep. Jim Splaine of Portsmouth standing next to N.H. governor John Lynch Wednesday as he signed into law legislation legalizing gay marriage reminds me of an incident from the 1981 legislative session that serves as a dramatic example of just how much New Hampshire has evolved over the nearly three decades since then.The state has changed in so many ways I didn’t think would ever happen, largely because of my initiation into the “Live Free Or Die” view of life. My first months in the Granite State during the winter of 1979 were punctuated with periods of disbelief. Why would voters reject offers of federal grants to improve their communities? On general principal, that’s why. The phrase I heard over and over again seated on the sidelines of a million March town meetings was “We don’t want to become New York.”I didn’t take it personally. I don’t think anyone in Epping at the time knew I grew up on the shores of Lake Ontario. Still, there were moments when I felt like a stranger in a strange land. See How far New Hampshire has come
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Gay community bitterly disappointed by Obama’s lack of action
WASHINGTON — Gays and lesbians voted for President Barack Obama almost en masse after he pledged to be a relentless advocate for their civil rights while making his run for the White House.
But now the disappointment felt among the gay community about Obama’s inaction on issues that include same-sex marriage and the military’s so-called “don’t ask, don’t tell” policy is turning into outright anger.
“It’s disgraceful … shame on him,” Kate Waldeck, a 26-year-old medical student in New York City who voted for Obama believing he represented change on issues affecting the community.
The outrage is growing in the aftermath of last week’s California Supreme Court decision to uphold the state’s same-sex marriage ban.
Obama has had nothing to say about the ruling, something that has stung many in the community who had assumed the president might speak out against it and reiterate his commitment to their cause.
“I had sincerely hoped that Obama, both as a liberal and as a minority, might view this issue for what it is: an attempt at decency, and an opportunity to bestow long-deserved freedoms to people who have suffered through abuse and discrimination since the beginning of time,” Waldeck said in a recent interview.
Instead, Waldeck alleges, Obama is “sacrificing our lives to appease people, voters, interest groups, by allowing hate and bias to propagate.”
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Gay marriage a minefield for candidates for California governor
From the start of his run for governor, San Francisco Mayor Gavin Newsom has tried to show there is more to his career than the gesture that won him worldwide fame: his 2004 decree legalizing same-sex marriage.
Yet there he was Tuesday on CNN’s “Larry King Live,” speaking out for gay rights after the state Supreme Court upheld Proposition 8, the same-sex marriage ban that Californians passed in November.
For Newsom and five major-party rivals, the resurgence of the same-sex marriage issue has added a new complication to the race for governor.
If gay rights groups get their way, the nominees to succeed Gov. Arnold Schwarzenegger will share the November 2010 ballot with a measure to repeal Proposition 8, turning an emotionally charged cultural issue into a central focus of the campaign.
Across the nation, the subject has grown more challenging for candidates of all kinds as the mere concept has given way to the reality of tens of thousands of married gay couples. Massachusetts, Connecticut, Vermont, Maine and Iowa have legalized same-sex marriage.
Voters have also shifted their views. In April, a Washington Post-ABC News poll found that 49% of Americans said gay marriage should be legal, and 46% said it should be illegal. Three years earlier, 36% had said it should be legal, and 58% had said it should not.
“The trajectory of public opinion on this issue has been dramatic,” said Democratic pollster Mark Mellman.
In California, where Newsom’s rebel edict in 2004 touched off the court battles that spawned some 18,000 marriages that were declared valid Tuesday, candidates for governor face multiple dangers on the issue. Although support for gay marriage has risen over the last decade — the 52% yes vote on Proposition 8 was down from 61% on a similar measure in 2000 — the issue still sharply divides Californians.
“People care about this one — a lot — on both sides,” said Steve Smith, a Democratic strategist who worked on the campaign to defeat Proposition 8.
A Field Poll taken three months ago affirmed stark generational and ideological splits on same-sex marriage.
Younger voters were far more likely to approve of it than older voters. And Democrats overwhelmingly favored it, while Republicans were strongly opposed.
In that environment, candidates for governor are juggling wildly different needs for the primaries and the general election. See Gay marriage a minefield for candidates for California governor Los Angeles Times * Tags = gay men gay news lesbian news transgender bisexual
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David Hyde Pierce On His Marriage, Prop 8 Anger
David Hyde Pierce talked about his anger over Prop 8 on “The View” on Thursday.
Pierce married his longtime partner last year, but has always stayed quiet about his personal life until now.
“Brian and I always kept a low profile, we didn’t hide our lives,” Pierce told the ladies. “We got married very quietly last October 24 and thought that was fine, and then suddenly the state of California said, ‘no it’s not.’” See WATCH: David Hyde Pierce On His Marriage, Prop 8 Anger * Tags = gay men gay news lesbian news transgender bisexual
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ACLU Sues To Stop Tennessee Schools From Censoring Gay Educational Web Sites; Filtering Software Allows Anti-Gay Sites
NASHVILLE, TN – The American Civil Liberties Union and the ACLU of Tennessee sued two Tennessee school districts in federal court today, charging the schools are unconstitutionally blocking students from accessing online information about lesbian, gay, bisexual and transgender issues. Metropolitan Nashville Public Schools, Knox County Schools and as many as 105 other school districts in Tennessee use Internet filtering software to block Web sites containing pro-LGBT speech, but not Web sites touting so-called “reparative therapy” and “ex-gay” ministries. The “LGBT” filter is not used to block sites containing pornography, which are filtered under a different category, but it does block the sites of many well-known LGBT organizations including Parents, Families, And Friends of Lesbians and Gays (PFLAG), the Gay Lesbian Straight Education Network (GLSEN) and Human Rights Campaign (HRC).
“Allowing access to Web sites that present one side of an issue while blocking sites that present the other side is illegal viewpoint discrimination,” said Catherine Crump, a staff attorney with the ACLU First Amendment Working Group and lead attorney on the case. “This discriminatory censorship does nothing to make students safe from material that may actually be harmful, but only hurts them by making it impossible to access important educational material.”
The school districts block the Internet filtering category designated “LGBT,” which includes sites that “provide information regarding, support, promote, or cater to one’s sexual orientation or gender identity.” They do not, however, block sites that condemn homosexuality or promote “reparative therapy,” a practice purporting to “cure” LGBT people that is denounced as dangerous and harmful to young people by such groups as the American Psychological Association and the American Medical Association.
The ACLU filed the case in the U.S. District Court for the Middle District of Tennessee against Metropolitan Nashville Public Schools and Knox County Schools on behalf of two high school students in Nashville, one student in Knoxville and a high school librarian in Knoxville who is also the advisor of the school’s Gay-Straight Alliance (GSA).
“Students need to be able to access information about their legal rights or what to do if they’re being harassed at school,” said Keila Franks, a 17-year-old student at Hume-Fogg High School in Nashville and a plaintiff on the case. “It’s completely unfair for schools to keep students in the dark about such important issues and treat Web sites that just offer information like they’re something dirty.”
The lawsuit charges that blocking LGBT sites violates students’ First Amendment rights by only allowing access to sites that present an anti-gay point of view on the rights of LGBT persons on issues such as anti-gay harassment, marriage, employment discrimination and the military’s “don’t ask, don’t tell” policy while blocking access to sites that support LGBT rights. Further, the filtering hinders the ability of GSAs and their members to facilitate club activities and keeps students from accessing important information about scholarships for LGBT students or doing research for school-related assignments.
The ACLU first learned about the discriminatory filtering from Andrew Emitt, a Knoxville high school student who discovered the problem while trying to search for LGBT scholarships. Internet filtering software is mandated in public schools by Tennessee law, which requires schools to implement software to restrict information that is obscene or harmful to minors. However, the “LGBT” filter category does not include material which is sexually gratuitous and already included in the “pornography” filtering category.
“While schools may have an interest in using filters to block material that could be harmful to minors, blocking access to information about LGBT issues while allowing anti-gay information is unlawful and potentially dangerous,” said Tricia Herzfeld, a staff attorney with the ACLU of Tennessee. “There is no place for this kind of unconstitutional censorship in our public schools.”
In addition to Crump and Herzfeld, attorneys on the case are Chris Hansen of the ACLU First Amendment Working Group and Christine Sun of the ACLU LGBT Project.
The plaintiffs are Nashville students Keila Franks and Emily Logan, Knoxville student Bryanna Shelton, and Karyn Storts-Brinks, a Knoxville high school librarian and faculty sponsor for her school’s GSA.
More information about the case, including the ACLU’s complaint and a video featuring one of the student plaintiffs, is available online at: www.aclu.org/lgbt/youth/39346res20090413.html.
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