Church ponders next step on gay vows

in and Iowa, the only parts of the nation where same- is legal, are preparing for a wave of requests to allow to oversee the ceremonies as the result of a decision last week by the that opens the door to church for .

In yesterday, none of several interviewed said they were immediately prepared to allow to officiate at same- , which remain prohibited by the of the .

But, citing the ’s decision Friday to allow in states where same- is legal to “provide generous ’’ to same- , the indicated that they are looking for ways to allow to at least celebrate, if not perform, in church.

“The problem is the book says that must conform to the laws of the state and the of the church, but if we respond to the laws of the state, we are in violation of the of the church,’’ said T. Lane of , where the situation is further complicated by a possible to overturn same- . “We’re trying to respond pastorally, but not to get so far beyond the bounds of what the church understands that our are just sort of hanging out there.’’

Lane also said of , where same- has been approved in every state but , are hoping to reach a common plan, because “we don’t want back and forth between the states.’’

“The folks who would like to be married are of our and will have a legal right to should the law be upheld,’’ Lane said. “ are caught trying to be faithful both to the of the church and the laws of the state, and some flexibility will help us make good pastoral while the church wrestles with the definition of and the rites in the Book of Common .’’

The is one of several mainline Protestant grappling with how to respond to increasing societal acceptance of same- . But the issue is particularly thorny for Episcopalians because the and the global Communion to which it belongs have been riven by over the 2003 election of an openly priest, the Rev. V. Gene Robinson, as bishop of .

In an interview yesterday, Robinson said he expects to get married to his longtime once same- becomes legal in , in January. Robinson said in have been long been allowed to bless same- , including those in civil , and that he expects to continue to ask to bless, but not legally officiate at, same- .

“My feeling is that it’s time to separate the civil action from the religious action for all , and my is that we will continue that practice, which is to say we will ask to get out of the civil business and continue to offer the church’s of civil and of same-gender marriages,’’ said Robinson. As a practical matter, that means marriages are solemnized by justices of the peace, who sign the , and then blessed by .

In Eastern , Bishop M. Thomas Shaw has been one of the most vocal supporters of same- , but also one of the most determined to differentiate between civil and religious .

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Gay sailor’s family blames military after his death

of a slain sailor are calling the 29-year-old’s death a .

Roy of said her , August III, had complained a year before about being harassed for being .

Roy said she advised to report and document the incidents, but she said the military did little to help.

“He went to the to serve and protect,” she said in an interview with ’s KFDM News, “he didn’t get protected at all.”

Roy told The that the military’s “Don’t Ask, Don’t Tell” policy discouraged her from asking for help.

“That is just stupid because it tells them they have no one to speak to,” she said.

The 29-year-old was found dead Tuesday at , north of . Roy said the family was told that was shot , had his , his mouth , and body burned.

The family plans to hold July 10 in Houston.

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LA Times Editorial: A court battle California doesn’t need

The ’s ruling last week in the case of a grandiosely unethical justice opened a new field of constitutional review — the high court may now consider when an elected state court has been so tainted by that requires him to recuse himself from a case.

In , a coal executive spent more than $3 million to unseat a sitting state justice; it was 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 in overturning a $50-million against the executive’s .

Benjamin’s in the case assured him a place in the ’s of , and his was so blatant that the U.S. majority that rebuked him argued that it was not opening the door to many future . Surely, it reasoned, no justice will behave this badly again. That may or may not prove to be true — the court offered little in the way of guidance as to what constitutes impermissible — yet Benjamin’s case sadly but surely will not be the last in which big- and collide.

Indeed, California has wrestled with this problem before — and quite possibly could again.

California’ for selecting justices is much better than ’s. Candidates for the court here are nominated by the governor, confirmed by a state commission and then placed on the . They must periodically stand for retention, but they are not, as they are in , subject to direct challenge by 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 ’s independence with the public’s fair on accountability, but even this state’s reasonable retention process has been subject to tilt. Most notable was the 1986 retention election that removed Bird and two , Cruz Reynoso and Joseph Grodin. Much has gone into that race in the since, and opinions differ on its . Two truths, however, stand the test of deep inquiry: The forces arrayed against Bird were not motivated solely by her to the — 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 of the battle of 1986.

At issue are the court’s rulings on same- and Proposition 8, and its , Ronald M. George. In May 2008, the court overturned the state’s ban on , striking a for in the grandest of constitutional protection of . A few months later, after voters approved Proposition 8 and amended the state to ban the same institution that the court had upheld, George and his upheld the amendment. Both times, George wrote for the majority. He thus angered of in 2008 and supporters of it in 2009.

By California’s rules, George a retention election in 2010, and some predict that he could from either side — or even both — in this polarizing .

That would be a for the state’s , an unfortunate attack on and an unfair castigation of one of this state’s most principled and admirable public officials. In the - cases, George’s votes demonstrated , professionalismand restraint. He voted to uphold same- out of the strong — which this page shares — that the does not allow society to deny the protection of to 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 , narrowly rejecting and amending the to allow California to recognize only the of . That was challenged, naturally, and the lawsuit offered the court the opportunity to extend its earlier ruling, though on shaky for same- argued that Proposition 8 was such an to the rights of that it revised the rather than merely amending it. Scholars split on the of that argument, and although the strong of rejectedit, an opportunistic justice might have seized the chance to solidify his .

Instead, George subordinated his — 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 in the first case, George was able to his ; by the in the second case, he yielded.

Such is the 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 , who championed his heroism in 2008, were bitterly disappointed when the court upheld the hateful .

This is not . Corporate interests are not knocking off justices who disagree with them and seating more accommodating replacements. But has no place in our judicial life any more than it does in Appalachia. The 1986 campaign against Bird and her 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.

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Shanghai Journal Gay Festival in China Pushes Official Boundaries New York Times

— It was shortly after the “ body” contest and just before a painted of took the stage that the police threatened to shut down ’s first festival. The had already forced the of a play, a and a , so when an irritated plainclothes officer arrived at the Saturday afternoon gala and flashed his badge, feared the worst.

After some fraught negotiations, Miller, an American teacher who helped put together the , agreed to limit the , keep the noise down and, most important, “not let anything happen that might embarrass the government,” she explained after returning from the impromptu meeting. “That was a close call,” she said.

Crisis averted, the party continued.

And so it went for Shanghai Pride week, a delicately orchestrated series of private that revealed how far ’s community had come, and how much further it had to go. In the 12 years since was decriminalized in , there has been an unmistakable blossoming of life, even if largely underground. Most big cities have bars, and sites ease the of those living in ’s rural hinterland. is virtually unheard of.

But official has its limits. publications and are banned, Web sites are occasionally blocked and those who try to for greater for and men sometimes from the police. For years, in have tried, and failed, to get permission for a film festival.

This month, public security officials forced Wan Yanhai, a prominent on issues, including , to leave for a week because they feared he might cause trouble during the of the .

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When asked, this gay soldier told

TUSTIN In a calm corner of his garage, a soldier rummages through reminders of the of his life. . A Middle . An . Only a few of the souvenirs in Dan Choi’s will fit into his travel duffel.

As he packs, his walks in. She reaches around her son’s boulder-sized for a hug.

“Are you staying for dinner?”

“I’m not sure.”

By , though, Choi will surely be gone. He’s getting out of Tustin, maybe for good.

has unsettled the 28-year-old combat and his family. In March, on national , he said, “I am .”

That was news to a of , including his bosses. And, the three short words thrust Choi into the limelight, booked his calendar with equal-rights – and earned him a slip from the military.

But all the cameras and microphones that have trailed Choi since then have captured only part of the story. They haven’t been privy to his ’ distress, his past or his of liberation.

Thousands of other troops have gotten booted for outing themselves (or being outed) as or . But, like clockwork, most have disappeared from public view. Choi figures he will too at some point.

But he’s not going away now, and he’s not going away quietly.

LOWS

Over loudspeakers, he ranted.

It was 1998, and Clinton was getting grilled by national media for his then-alleged affair with a 22-year-old intern. At Tustin , Choi, 17, took on the role of Clinton scold. He locked himself in a room and commandeered the public system to decry the commander-in-chief’s weakness and offer what he saw as a cure-all: in Christ.

Choi’s sister, Grace, then a , her ’s as “surprising, but not embarrassing.”

Their , a who fought in the , helped raise his to battle against and . Years later, that duty to speak out would inspire Choi to talk about his – and throw a crimp in their father-son .

“I always think of the story of a of telling Christ to his disciples,” Choi says, adding: “And Christ said, ‘… if they keep quiet, the rocks will cry out.’”

But, in at least, Choi’s bold talk came with a cost. The acne-faced student body his as morning news announcer, and was forced into a sabbatical from student government.

Graduation cleaned his . Reinstated as , the straight-A student gave a parting to his . And, for the U.S. at , Choi left a rousing, two-page letter in the back of his own yearbook.

“Leave your kingdom,” he wrote to himself, “to be a lonely plebe down in the dump.”

STANDING UP

In a forest near the academy, Choi smeared earth-tone paint on his and hunkered down with his rifle. Energy-sapping practice , he says, were key to his college experience.

On campus, Choi studied environmental engineering. Critically, he also began mastering Arabic.

And he held onto his . He studies in the dorms and recited the “Cadet ” every Sunday with the choir. “Make us to choose the harder right instead of the easier wrong,” he prayed, “and to never to be content with a half when the whole can be won.”

Still, Choi concealed a . Since fourth grade, he had begged to take away his attraction to other males. In college, he says, he remained unwilling to “explore” his .

In 2003, the War kicked into gear. Choi, now clear-faced and brawny, was soon sent to serve in the Persian Gulf.

There, he says he “greased hands” with elder Sheikhs, patrolled the Triangle of Death and designed a reverse-osmosis water plant for . He also passed on his knowledge of Arabic, as a teacher to thousands of American troops.

Throughout it all, compelled by the military’s “Don’t Ask, Don’t Tell” policy, Choi kept mum about his sexual .

His final wartime task, delivering backpacks full of cash to contractors, kept him awake at night. It was around the time of that mission, sleepless in the desert, that he started asking a tough question:

Do I really want to keep lying?

When his tour ended, he wanted to boomerang back to . But that dream was brought to a halt in March when, on behalf of scores of alumni and active-duty servicemembers, he went public with his .

WAR IN PEACE

On his last afternoon in town, rice steams in the kitchen as, upstairs, Choi sorts through a box of accolades.

“Who knows? Maybe one day I’ll be one of those stodgy old veterans wearing all his stuff,” he says, laughing, clutching a of medals.

Proud but tired of the half-, the highly decorated soldier returned from in 2008 and ditched reenlistment. Instead, he became a leader in the . Stationed in New York, he someone, parked down the street and lived in his car to be close to his first boyfriend.

Then Choi came home to Tustin to come out to his and – 19 times in fact, to show he wasn’t bluffing. He handed his a copy of the book “Loving Someone .” A later he discovered it unopened on the floor of his closet.

“They don’t accept it,” Choi says. “And I don’t think they will anytime soon.”

Neither will the military. After his first of several TV appearances, Choi, the rare Arabic-speaking serviceman, received an ultimatum from his employer – accept discharge or stand trial.

His chances before a judge seem slim, based on the dismissal of 12,500 past soldiers.

But he believes the fortunes of an estimated 65,000 and of the armed forced could be changed if were to repeal “Don’t Ask, Don’t Tell,” a move favors. So, Choi keeps talking to news and shouting to , which his home life – and, recently, compelled him to pack up and move.

is not a right,” Choi says.

is an unacceptable, inexcusable wrong.”

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Wisconsin Trial Court Dismisses ACLU Lawsuit Seeking Domestic Partner Benefits For Lesbian and Gay State Employees

But Issues Lengthy Decision Reasoning That It Is Unconstitutional For the State To Deny The Benefits
 
MADISON, WI – On Friday, a Wisconsin dismissed a lawsuit brought by the American on behalf of and their partners seeking domestic and protections. In a 46 page opinion, the court notes that although it believes it is unconstitutional for the state to continue to deny the employees equal coverage and protection, it is by a prior decision from the Wisconsin from 1992.
The Court’s opinion states: “The have offered a strong showing that the benefits in issue have been provided on a . The defendants’ explanations offered for the continuing against these are unpersuasive and inadequate.”
“Losing doesn’t get any better than this,” said Larry Dupuis, of the . “We knew we had an in the because of the earlier case. But the court agreed with us that based on should be subject to strict and that it is unconstitutional for the state to deny equal benefits.”
The Court also found that providing the benefits would not be barred by the anti- amendment that passed in 2006. After the amendment passed, the state had argued that the amendment barred the state from providing the benefits.

The filed the lawsuit in 2005 on behalf of six and their partners. The that it is a violation of the state’s equal to deny and access to the same and protections that it provides to straight employees who are able to cover their spouses. The lawsuit was stalled for years because a number of Wisconsin municipalities tried to inject themselves into the lawsuit. The issue ultimately went up to the Wisconsin , which ruled that they were not entitled to become a party to the litigation.

 
Governor has repeatedly stated that he would like to provide and with equal coverage and included in his budget a for domestic coverage.

“While we are heartened by the court’s decision, we the legislature to pass the domestic bill so there will be no need to appeal,” added Chris Ahmuty, of the of Wisconsin. “Our clients are forced to pay expensive prices for inferior coverage and sometimes even to forego necessary care. They suffer every day this issue goes unresolved.”

Wisconsin Department of Corrections employee Jayne Dunnum and her , Robin Timm, pay nearly $450 a month for private for Timm who works on the couple’s organic farm and food store in Platteville. “We don’t care if it happens through the courts or the legislature. We just really need the coverage,” said Dunnum. “It’s a matter of basic . I work just as hard has my straight and shouldn’t be denied the equal benefits.”

The case is Dunnum v. Department of Employee Trust Funds. The are represented by John Knight and Saxe of the ’s Project, Larry Dupuis of the of Wisconsin, and cooperating Linda Roberson and Christopher Krimmer of the Madison law firm Balisle &; Roberson.
Biographical information for all of the , today’s decision, the complaint, and additional information are available at http://www.aclu.org/getequal/caseprofiles.htm.

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Gays being kicked out of military at steady rate

WASHINGTON — A steady number of troops are being discharged from the US military for being , according to the latest statistics, which show that 619 troops were kicked out last year under the controversial “don’t ask, don’t tell” policy that bars from serving openly in the ranks.

The figures, which are on par with the previous four years, are to spark a new from rights who have grown frustrated with ’s unwillingness so far to take steps to lift the ban, despite a campaign to do so.

Of the for the that ended September 30, 410 were male and 209 were female, according to the figures obtained by the from . That compares with a total of 627 in 2007; 612 in 2006; 726 in 2005; and 653 in 2004.

The new statistics come to light as the administration comes under growing pressure to use his to place a on the while he to overturn the controversial 1993 law — which was enacted as a after then- set off a when he tried to allow to serve openly in uniform.

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Gays being kicked out of military at steady rate

WASHINGTON — A steady number of troops are being discharged from the US military for being , according to the latest statistics, which show that 619 troops were kicked out last year under the controversial “don’t ask, don’t tell” policy that bars from serving openly in the ranks.

The figures, which are on par with the previous four years, are to spark a new from rights who have grown frustrated with ’s unwillingness so far to take steps to lift the ban, despite a campaign to do so.

Of the for the that ended September 30, 410 were male and 209 were female, according to the figures obtained by the from . That compares with a total of 627 in 2007; 612 in 2006; 726 in 2005; and 653 in 2004.

The new statistics come to light as the administration comes under growing pressure to use his to place a on the while he to overturn the controversial 1993 law — which was enacted as a after then- set off a when he tried to allow to serve openly in uniform.

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California School Bans Sixth I Presentation on Harvey Milk

California School Bans Sixth
Grader’s Presentation on Harvey MilkFaces Possible
Lawsuit For Violation Of State Code

RAMONA, CA – Wrongly citing a school policy on , a
California
school illegally censored a ’s about Harvey
earlier this month.  According
to a demand letter sent by the American to the
Ramona Unified School
District today, the school violated ’s
rights when it refused to allow her to give the presentation in
class.  Instead, the school
improperly required to get parental permission to see the
presentation during a recess.

“This whole thing is unbelievable –
first my daughter got called into the principal’s office as if she were in some
kind of trouble, and then they treated her presentation like it was something
icky,” said , mother of the Mt.
student.  “ was an
elected official in this state and an important person in history.  To
say my daughter’s presentation is
’ because happened to be is completely
wrong.”

The assignment, part of an
class, was originally to prepare a written report
on any topic.  , who
was inspired to write about after watching win an Academy
Award for portraying him, got a score of 49 out of a possible 50 points on the
written report.  Students were then
told to make PowerPoint presentations about their reports, which they
would show
to other students in the class.  The
day before Natalie was to give her 12- she was called into the
principal’s office and told she couldn’t do so.

When spoke with the
about the presentation, he said Natalie couldn’t give her
presentation because of a district board policy on “Family Life/
.”  A later, the
school sent letters to of students in the class, explaining that her
presentation would be held during a recess on May 8, and that students
could only attend if they had parental permission.

“The principal and
grossly misinterpreted school policy.
They illegally censored student speech protected by the
and the California Code,” said David
Blair-, of the of and
Imperial
Counties.  “Writing or talking about a
historical figure who advocated for for is in no
way the same thing as talking about , and should
not pretend
otherwise.”

The Ramona Unified School
District policy on “Family Life/
” reads in part:

“(P)arents/ shall be
notified in writing about any instruction in which human reproductive
organs and
their functions, processes, or are described,
illustrated, or discussed.  In
addition, before any instruction on family life, human , or
is given, the parent/ shall be provided
with written notice explaining that the instruction will be
given…”

“Schools that as if any mention
of the of is something too controversial or ’sensitive’ to
discuss are doing a disservice to their students,” said Elizabeth
Gill, a with the ’s
national Project.  “This school
completely overstepped its bounds in trying to
by shunting
her presentation off to a recess time and misusing a school policy to
justify requiring parental permission to see it.”

In today’s letter, the is
demanding that the school:

·
Apologize in writing to Natalie
Jones and send a letter about that to all the who were sent the
principal’s letter about the presentation
·
Give
an opportunity to give her presentation to all the other
of her class
·
Clarify
in writing that the parental notification and permission portion of the “Family
Life/ ” policy only applies to the curricula identified as “course
content” for “Family Life/ instruction”

The is giving the district
five days to respond or it may file a lawsuit on Bonnie and ’s
behalf.

, one of Time Magazine’s “Time 100 and
Icons of the 20th Century” in 1999, has been the subject of several books, an
opera, a film that won the 1984 for
Feature, and a released last year that won two for
Best Original and .
’s birthday, the subject of a bill pending in the
that would make it a state holiday, is this Friday.

For additional information,
including copies of ’s presentation on , the school’s
letter to , and the Ramona U.S.D. “Family Life/ ” policy,
visit http://www.aclu.org/Milk.

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Same-Sex Unions Supplant Abortion As Social Priority for Conservatives In Fight Over High Court Pick

As prepares to name his first justice, in Washington are making clear that his nominee will plenty of questions during the process on the legal of same- .

In addition to shedding more light on the nation’s most contentious unfolding and , say the could provide a road to an nominee’s .

“It may reflect the degree to which they think that they’re not by the classical meaning of the , and that they may want to let a personal go beyond what the law said,” said Sen. Jeff Sessions (Ala.), the senior on the .

Questions on in hearings have tended for the past 30 years to squarely on , with partisans from both sides poring over a nominee’s writings and rulings and presidents typically denying that any “” was employed in the selection.

Same- carries the same freighted potential to dominate a hearing, say.

“It is now the flash point where and law meet. That flash point used to be . I don’t think anybody thinks that’s going to be the flash point in this ,” said William A. Jacobson, a Cornell University and .

Sen. Orrin G. Hatch (Utah), another member of the , said are particularly eager to avoid a ruling akin to the 1973 Roe v. Wade decision, which legalized and has divided the country ever since. “I don’t think of the court, or any of us, ever want to see a decision like that again,” Hatch said. assured the senator in a recent meeting that he will not pick a “radical” to replace Souter, but Hatch added: “Presidents always say that. That’s why we have the hearing process.”

Same- gained national resonance in the wake of last month’s Iowa ruling that legalized the practice in that state. And in the two weeks since Justice David H. Souter announced his retirement, also legalized same- , becoming the fifth state to do so; the legislature sent a - bill to the governor; the Assembly approved - ; and the District of voted to recognize same- marriages performed elsewhere.

Those actions, in so short a time, have outstripped the ability of in Washington to out their on the issue. MORE at

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