Voter ‘animus’ to be issue in Calif marriage case
When the U.S. Supreme Court overturned an amendment to the Colorado Constitution that outlawed discrimination protections for gay people, same-sex couples could not enter into civil unions or domestic partnerships anywhere in the nation, much less get married. But as they seek to persuade a federal judge to strike down California’s ban on gay marriages, lawyers for two unmarried gay couples are using that 13-year-old decision as their road map — one they expect will eventually lead the high court to take up the marriage issue. In the Colorado case, Romer v. Evans, the Supreme Court majority held that voters’ dislike of gays and the laws that several cities had approved to shield them from bias motivated the state amendment. Such “animus,” it said, was incompatible with the section of the U.S. Constitution that requires the government to treat its citizens equally absent a compelling reason to do otherwise. The attorneys behind the challenge to California’s Proposition 8 plan to argue during a pretrial hearing Thursday that by stripping gays of the right to wed, the voter-approved ban runs afoul of America’s founding framework in the same way — and for the same reason. “Romer is a strikingly similar situation to what we have here. You had a ballot initiative, a majority vote of the people, taking away a right,” said Theodore J. Boutrous Jr., a member of the legal team led by former U.S. Solicitor General Theodore Olson and veteran trial lawyer David Boies. “And there was no justification or rationale other than disapproval by that majority of that group.” U.S. District Chief Judge Vaughn R. Walker on Tuesday issued a tentative order to fast-track the case in his San Francisco court. Among the questions he said he wants covered at trial are whether sexual orientation is unchangeable, if permitting same-sex marriage “destabilizes” traditional unions and whether Proposition 8’s ballot history demonstrates the measure had “discriminatory intent.” California Attorney General Jerry Brown, a defendant in the case, has sided with gay rights advocates and declined to defend the ban, which overturned a California Supreme Court ruling that had legalized same-sex marriages. The state Supreme Court five weeks ago upheld the measure, saying it represented a valid exercise of voters’ authority to amend the California Constitution. Proposition 8’s sponsors, a coalition of religious conservative groups called Protect Marriage, has been given permission to intervene in the federal case. In court papers, the group’s lawyers rejected the assertions that anti-gay attitudes fueled the November measure and that the 1996 Colorado case was applicable. “Nothing in California law, either Proposition 8 or otherwise, indicates that Californians harbor animus towards gay and lesbian individuals,” they wrote. Since the U.S. Supreme Court’s 6-3 decision, attorneys for gay rights and Christian conservative groups have debated whether the Romer decision could be used to expand gay rights. The ruling marked the first time the Supreme Court determined that the Constitution’s equal rights guarantees extended to gays and lesbians. “The basic point of Romer is that government cannot ever act out of hostility toward a group of people, and whether that is in the context of marriage or anti-discrimination law, the point carries over,” said Suzanne Goldberg, who worked on the case and now directs Columbia Law School’s Sexuality and Gender Law Program. The ruling has been cited, though so far unsuccessfully, in past challenges to gay marriage bans in Nebraska and Florida. At the same time, gay rights groups mostly have shied away from pursuing federal marriage cases in favor of pursuing marriage rights in state courts. Legal observers on both sides of the debate agree, however, that California’s Proposition 8 presents novel questions that could make the issue ripe for federal action.
San Francisco Chronicle
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Original source : http://gay_blog.blogspot.com/2009/07/voter-animus-…
Obama Admin References Incest, Child Rape in DOMA Defense
Obama defends DOMA in federal court. Says banning gay marriage is good for the federal budget. Invokes incest and marrying children.
At AMERICABlogs, John Aravosis writes:
“despicable, and gratuitously homophobic. It reads as if it were written by one of George Bush’s top political appointees. I cannot state strongly enough how damaging this brief is to us. Obama didn’t just argue a technicality about the case, he argued that DOMA is reasonable. That DOMA is constitutional. That DOMA wasn’t motivated by any anti-gay animus. He argued why our Supreme Court victories in Roemer and Lawrence shouldn’t be interpreted to give us rights in any other area (which hurts us in countless other cases and battles). He argued that DOMA doesn’t discriminate against us because it also discriminates about straight unmarried couples (ignoring the fact that they can get married and we can’t).He actually argued that the courts shouldn’t consider Loving v. Virginia, the miscegenation case in which the Supreme Court ruled that it is unconstitutional to ban interracial marriages, when looking at gay civil rights cases. He told the court, in essence, that blacks deserve more civil rights than gays, that our civil rights are not on the same level.”
See Obama Admin Defends Federal Gay Marriage Ban In Court Filing
References Incest, Child Rape… DOJ Defends
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PFLAG Launches First-of-its-Kind Safe Schools Initiative …
Parents, Families and Friends of Lesbians and Gays (PFLAG) launched a comprehensive, community-based safe schools program today to address a growing epidemic of anti-lesbian, gay, bisexual and transgender (LGBT) animus in the nation’s schools. The program, entitled Cultivating Respect, includes training seminars for local parents and allies, empowering PFLAG supporters at the local level to work directly with their community leaders and school administrators to protect LGBT students. PFLAG plans trainings across the country in 2009, following initial training sessions held earlier this year in Ohio and Tennessee.
“Too many students attend school in fear, and too few school administrators and leaders understand just how damaging a hostile learning environment can be for lesbian, gay, bisexual and transgender young people,” said Jody M. Huckaby, PFLAG’s executive director. “Cultivating Respect is the very first program designed to identify and mobilize a grassroots network of parents and allies to take an active role in combating anti-gay behavior, policies, information and environments in their local schools. When children do not feel safe, they cannot learn, and their school experience becomes fraught with the long-lasting effects of unchecked hostility. By working with local parents and local administrators, Cultivating Respect addresses community and school-specific concerns. This is a significant step forward in making our classrooms, hallways and locker rooms safer for every student.”
The PFLAG training, which builds on the organization’s prior work in schools across the country, includes insights on fostering on-going dialogues with local school leaders; approaching administrators about implementing safe schools policies; skills building seminars on language, policy and problem solving in schools; identifying and leveraging access points within the school community; and training on three specific programs that can be implemented in local schools. The program is also designed to counter harmful, anti-gay campaigns by conservative advocacy groups, including attempts to infiltrate libraries with anti-gay literature and information on so-called “reparative therapy” practices, which have been condemned by medical experts. A workbook on LGBT school issues, titled The Top 10 Ways to Make Schools Safer for All Students, was also released today in conjunction with the training and outreach program.
“It is critically important that students, teachers, parents and administrators have accurate, inclusive information and materials about sexual orientation and gender identity,” said Huckaby. “Anti-family advocates are pushing an extreme, anti-gay agenda that seeks to mislead adults and ultimately undermine the well-being of the countless LGBT young people who deserve a healthy learning environment, too. This new program asks those responsible for the well-being of our children to listen, think, act and be respectful of every member of our families.”
According to statistics compiled by the Gay, Lesbian and Straight Education Network (GLSEN), 73.6% of LGBT students hears derogatory remarks such as “faggot” or “dyke” frequently or often at school. More than half (60.8%) reported feeling unsafe at school because of their sexual orientation, and more than a third (38.4%) felt unsafe because of their gender expression. An overwhelming 86.2% of students reported being verbally harassed.
“Hostile classrooms and campuses impact every member of the school community.” Huckaby concluded, “From LGBT students, to those perceived to be, and even young people who are denied the opportunity to learn because of the distractions presented by anti-gay behavior, the consequences of not dealing with these issues reach far and wide. Now, at last, parents have the tools they need to work directly with their local leaders to stand up for every young person, including those who are LGBT or are impacted by these behaviors.”
For more information on Cultivating Respect, including .pdf copies of The Top 10 Ways to Make Schools Safer for All Students, visit www.pflag.org.
PFLAG promotes the health and well-being of gay, lesbian, bisexual and transgender persons, their families and friends through: support, to cope with an adverse society; education, to enlighten an ill-informed public; and advocacy, to end discrimination and to secure equal civil rights. Parents, Families and Friends of Lesbians and Gays provides opportunity for dialogue about sexual orientation and gender identity, and acts to create a society that is healthy and respectful of human diversity.
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Original source : http://gay_blog.blogspot.com/2008/12/pflag-launche…
