Final briefs filed in Prop 8 trial
Each side made their final case, with new arguments, in the trial to overturn Prop 8 on Friday.
Gay spouses to get AAA discounts Florida Times-Union -
AAA Auto Club South will now allow same-sex married couples to receive spousal discounts under AAA’s Associate Membership program, a rights group that advocates for gay, lesbian, bisexual and transgender people announced Thursday.
The company met with members of Equality Florida on Wednesday after the group received calls from gay couples who had been denied family memberships.
“Our policy does include gay and lesbian spouses, wherever they were married. Whether in other states or countries, they qualify,” said Tom O’Brien, president and chief executive officer of AAA Auto Club South, in a statement.
Gay marriage is not legal in Florida but has been approved in other states.
See Gay spouses to get AAA discounts
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Author E. Lynn Harris dies at age 54
The openly gay, best-selling author E. Lynn Harris died earlier this morning while on a book tour along the West Coast. The tour was in promotion of his eleventh novel, “Basketball Jones“, the story of a player in the NBA and his gay lover. While the cause of death is still unknown, his personal assistant did say that the Harris’s health had recently declined. Further questions, however, went unanswered. The celebrated author, known best for his books centered on life as a gay, black man, was 54 at the time of his death.
Born in Flint, Michigan, E. Lynn Harris moved around a lot, finally finding his home and settling down in the South. As a student at the University of Arkansas, he become the school’s first male cheerleader and was, till his dying breath, a giant Razorbacks fan. Later in life, Harris returned as a visiting professor in the school’s English department.
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Best-selling author E. Lynn Harris has died Entertainment Weekly - -
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Online blogs report Atlanta author E. Lynn Harris has died Atlanta Journal Constitution
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E. Lynn Harris Dies of Heart Attack Advocate.com
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MoxieQ Launches First Mobile “Gay Sensibility” Destination for Consumers Who Want the Gay POV
MoxieQ, the first mobile-centric gay entertainment publisher, today announced its official launch as a mobile and online entertainment destination with a gay sensibility. MoxieQ was founded by two pioneers in the mobile advertising industry — Heidi Lehmann, co-founder of Third Screen Media (which was acquired by AOL in May 2007) and Kim Olson, a founding member of the Sprint Mobile Media Network. The service appeals to the more than 16 million, $712 billion-spending members of the LGBT (lesbian, gay, bisexual, and transgender) community as well as other consumers who want the gay perspective.
The Premier Gay Mobile Entertainment Destination
The publisher debuted its editorial talents at the GLAAD Media Awards in New York, March 28th and in LA, April 18th, where MoxieQ media personalities Ryan and Caroline, formerly of Clear Channel’s Pride Radio, conducted red carpet interviews with celebrities including Suze Orman, Tyra Banks, Judith Light, Kathy Griffin and Wilson Cruz. The GLAAD awards recognize accurate and fair LGBT portrayals and news content in the media.
“We are proud to share our TV ‘Gayed’ weekly guide to what’s LGBT on TV and outstanding LGBT-inclusive commercials from GLAAD’s online ad library with MoxieQ as they bring important and entertaining content to our community on the go,” said Neil Giuliano, President of GLAAD.
Leading Brand and Celebrity Partners
MoxieQ partners include a number of leading LGBT celebrities and brands: BRAVO’s “The Fashion Show” personality and underwear designer Andrew Christian, DishMiss, Gay Cities, GLAAD, LOTL, Ryan and Caroline, Under the Pink Carpet and Witeck Combs Communications.
“I am excited to have my products featured in the ‘Daily Briefs’ section of MoxieQ,” said Andrew Christian. “My viewers and customers are young, hip, and on the move which means the mobile channel is a primary way for them to discover new products. MoxieQ is a perfect match for us to expose our latest designs directly to our target consumer.”
For Advertisers Targeting the LGBT Community
MoxieQ exclusives deliver sassy, short-form content such as Test your Gay IQ, Psychic Snacs (“gay” horoscopes), Ask Mr. Moxie, “Bite, Sip and Buy” recommendations for gay and green businesses, and up-to-the-minute Gay Weather.
“The LGBT and LGBT-friendly demographics are a perfect fit for both mobile and advertising, with an audience that is increasingly looked to by the mainstream consumer as trendsetters with tremendous influence and insight into what is hot and cutting-edge,” said MoxieQ founder and CEO Heidi Lehmann. “MoxieQ is designed to provide both a primary source of entertaining content and interactivity with a gay twist and an extremely targeted environment for brands who want to reach this valuable community.”
MoxieQ is designed to appeal to the gay community and people who want access to fun and irreverent gay themed content, games, and “in the know” advice and insights. The destination is ad-supported with future revenue models to include premium, syndicated and online content. MoxieQ Media is available now on the mobile phone at: http://m.moxieq.com or on the web at www.moxieq.com.
About MoxieQ Media, Inc.
Based in New York City, MoxieQ is an entertainment and advocacy site with a gay sensibility. It features original, syndicated, and user generated content, formatted for mobile phones and the PC. MoxieQ’s unique mix of information, games, recommendations, audio, video and interactivity, captures the irreverence and trendsetting perspective of this hip and influential demographic. Through MoxieQ, Fortune 500 brands will be able to reach the LGBT market directly. For more information, visit us at http://m.moxieq.com or www.moxieq.com.
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Miss California: The anti-gay-marriage martyr extends her 15 minutes
Last night, Miss California Carrie Prejean called into Fox News’ On the Record, hosted by Greta Van Susteren, to talk about her latest venture. You may have heard the news yesterday that Prejean is appearing in an ad for the National Organization for Marriage, the same group that created the much-mocked “Gathering Storm” spot earlier in April. Prejean’s claim to fame is her Q&A session with blogger Perez Hilton during the Miss USA pageant. Hilton asked her whether states should legalize gay marriage, and Prejean responded in the negative, saying she herself believes in “opposite marriage.” As my colleague Jennifer Armstrong pointed out, it was a brief soaring moment of journalistic clarity for Hilton. (Whereupon he immediately crashed back to earth by calling Prejean a “dumb b—-” on his video blog. Was the air too thin up on the high road, Perez?)
Prejean became an instant martyr to the anti-gay-marriage cause, claiming that she lost the Miss USA crown because of her views. Now, I’m all for freedom of speech (even for pageant contestants) and Miss Prejean should be able to announce any opinion on marriage, gay or “opposite,” that she wants. But after rereading the transcript of Prejean’s interview with Van Susteren again, I have to say: If you’re going to make her into an anti-gay-marriage Joan of Arc, shouldn’t she be better informed? When asked about her thoughts on civil unions or gay adoption or general rights for gay couples, it was obvious Prejean didn’t have any, even saying at one point “I will get back to you on that one.” The most she could offer beyond the “promoting marriage” boilerplate was “I think that people that are homosexual should have some rights, you know, hospital rights, and things like that.” (Gee, thanks.)
See videos & more of Miss California: The anti-gay-marriage martyr extends her 15 minutes Entertainment Weekly
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Supreme Court takes up dispute over endorsement of gay adoption by Florida Bar’s family-law section
State Supreme Court justices critically questioned both sides today in a dispute over whether the family-law section of the Florida Bar should be allowed to legally endorse adoption for gay couples. A circuit judge in Miami threw out the statute banning adoption by gays but the case is headed for the Supreme Court. The Bar itself has not taken a position but its family-law section sought to file a “friend of the court” brief supporting the circuit court ruling. Lawyers supporting the statute objected — saying the Bar shouldn’t be using compulsory dues paid by all lawyers to fight on one side of a controversial issue.
Tallahassee attorney Barry Richard said the family section is a voluntary association and that its lawyer members have a right to take positions. But Matt Staver, representing the conservative Liberty Counsel, said Bar rules forbid lobbying on either side of a hot topic.
The attorneys argued over the distinction between lobbying the Legislature and filing a legal brief in court. They also disagreed about whether a voluntary section of the bar is restrained by the same rules applying to the full bar.
Chief Justices Peggy Quince and Justices Barbara Pariente, Fred Lewis, Charles Canady and Ricky Polston pressed Richard and Staver on the legal distinctions.
Pariente said that if the prohibition on pursuing controversial, divisive issues had been interpreted as a ban 50 years ago, the Bar could not have taken sides on racial integration. Lewis said he doesn’t think much of “friend of the court” briefs, because they are usually partisan advocacy rather than independent guidance on the law, and that the public doesn’t make a distinction between a section of the Bar and the whole Bar itself.
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Anti-gay university lawsuit to go to Ky Supreme Court
(Frankfort, Kentucky) The case against a private, anti-gay Baptist university which received an $11 million state grant, is moving forward. The Kentucky Supreme Court has ordered attorneys to submit briefs in the case by June.
A lower court judge ruled last year that Kentucky GOP lawmakers and former Gov. Ernie Fletcher …
Africa Senegal: Court Frees 9 Gay Men
An appeals court on Monday freed nine gay men who had been convicted of “unnatural acts” earlier this year, in a case that drew international condemnation from human rights groups and foreign governments. Senegal, predominantly Muslim, criminalizes homosexuality like dozens of other African nations. The men were arrested in December at the home of a prominent gay activist and sentenced to eight years in prison. See Africa Senegal: Court Frees 9 Gay Men
New York Times -
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EQCA Executive Director Geoff Kors: “Prop. 8 destroys the fundamental principle of equal protection”
“By taking away a fundamental right from one group, Prop. 8 destroys the fundamental principle of equal protection – a principle codified in our Constitution and intended to protect minority groups from the oppression of the majority. Without the right to equal protection, every Californian risks discrimination at the ballot box.
“Equality California has sued on behalf of our members to invalidate Prop. 8. Today, our team of attorneys, led by the National Center for Lesbian Rights, Lambda Legal, and the ACLU, argued that Prop. 8 usurps the guarantee of equal protection and bypasses our legal safeguards. More than 300 leading civil rights organizations, legal scholars, and faith leaders submitted amicus briefs to the court, indicating their support of our argument. And this week, the state Assembly and state Senate passed resolutions stating their belief that Prop. 8 is an invalid revision to the Constitution.
“But victory in the courts is far from certain and no matter the outcome, the work to achieve acceptance and understanding must continue. Prop. 8 showed how much work there is left to be done and invalidating that discriminatory, unconstitutional amendment is just the beginning.
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Equality California (EQCA) is the largest statewide lesbian, gay, bisexual, transgender-rights advocacy organization in California. In the past decade, EQCA has strategically moved California from a state with extremely limited legal protections for LGBT individuals to a state with some of the most comprehensive civil-rights protections in the nation. EQCA has passed over 50 pieces of legislation and continues to advance equality through legislative advocacy, public education and community empowerment. www.eqca.org
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Attorneys Urge California Supreme Court To Invalidate Prop 8
(San Francisco, CA, March 5, 2009) Attorneys for same-sex couples, civil rights organizations and the state Attorney General’s office appeared before the California Supreme Court today to urge the court to strike down Proposition 8, which took away the right of same-sex couples the right to marry. At issue in the case is whether the ballot initiative process can be used to take away a fundamental right only for one group of Californians based on a trait – in this case sexual orientation – that has no relevance to the group’s ability to participate in or contribute to society. Because the case has serious implications for the constitutional rights of all Californians, it has generated unprecedented support from many national and state civil rights groups as well as California legislators, local governments, bar associations, business interests, labor unions, and religious groups. The California Supreme Court, which has struck down several other initiatives in the past, is expected to issue a decision within 90 days.
“Proposition 8 jeopardizes not just the right of same-sex couples to marry, but the rights of all Californians to be treated as free and equal citizens of this state,” said Shannon P. Minter, Legal Director of the National Center for Lesbian Rights (NCLR), who argued the case before the Court. “Our Constitution is based on the principle that majorities must respect minority rights. But if a majority can change the Constitution to take away a fundamental right from one group, then it can take away fundamental rights from any group. Our government will have changed from one that respects minority rights to one in which the power of the majority is unlimited.”
NCLR, Lambda Legal, and the ACLU filed the legal challenge on November 5, after Proposition 8 was approved by just 52 percent of the voters on Election Day. In court today, the groups argued that it was improper for the proponents of Proposition 8 to use the ballot initiative process to strip same-sex couples of the fundamental right to marry. The groups contend that changes to the Constitution that alter its core requirement of equal protection by selectively depriving minorities of fundamental constitutional rights cannot be accomplished through a simple majority vote. Such major changes of core structural principles are revisions to the Constitution that can only be put on the ballot by a two-thirds vote of both houses of the legislature.
“It is simply wrong—legally and socially—to short-circuit the California Constitution and its equal protection guarantees,” said Jennifer C. Pizer, Marriage Project Director for Lambda Legal and co-counsel in the legal challenge to Proposition 8. “Proposition 8 is no ‘garden variety’ amendment that changes a tax or zoning or safety rule in a way that affects everyone equally. This is a radical attempt to strip a cherished constitutional right from just one targeted minority group and then to stop the courts from doing their most basic job of upholding the constitutional promise of ‘liberty and justice for all’.”
The case before the court is unprecedented because no other initiative-amendment has successfully taken away a fundamental right only for a particular minority. Because Proposition 8 would, for the first time, change the Constitution in a way that strips a minority group of its constitutional right to equal treatment under the law, California Attorney General Jerry Brown agrees that Proposition 8 should be struck down. The Attorney General’s office argued that the right to marry is an “inalienable right” that can not be selectively eliminated from one group without compelling reasons.
“The Court has a solemn responsibility to enforce our state constitution and to protect the rights of all people, regardless of popular opinion,” said Elizabeth Gill, a staff attorney with the ACLU of Northern California. “This case isn’t just about marriage, and it’s certainly not just about gay and lesbian couples. If the Court strikes down Proposition 8, it will be protecting the civil rights of all Californians.”
An unprecedented 43 friend-of-the-court briefs, representing hundreds of religious organizations, civil rights groups, and labor unions, and numerous California municipal governments, bar associations, and leading legal scholars, were filed in the case, urging the court to strike down the initiative. Because the issues at stake have such important implications for other minority groups, Raymond Marshall of Bingham McCutchen, who represents the Asian Pacific American Legal Center, the California State Conference of the NAACP, the Equal Justice Society, the Mexican American Legal Defense and Educational Fund, and the NAACP Legal Defense and Educational Fund, asked and was given permission to appear in court today. He argued that allowing Proposition 8 to stand could be detrimental to other minority groups who could easily become the targets of initiative campaigns seeking to take away their rights.
“Our state Constitution was created to ensure equal treatment under the law for every Californian,” said Geoff Kors, Executive Director of Equality California. “Prop 8 changes that fact by taking away a fundamental freedom from one particular group and mandating government discrimination against a minority. We hope the court upholds the Constitution’s promise of equality.”
The National Center for Lesbian Rights, Lambda Legal, and the ACLU are representing Equality California, whose members include many same-sex couples who married between June 16 and November 4, 2008, and six same-sex couples who want to marry in California. The arguments today also included two other challenges filed on the same day: one filed by the City and County of San Francisco (joined by Santa Clara County and the City of Los Angeles, and subsequently by Los Angeles County and other local governments); and another filed by a private attorney.
Serving as co-counsel on the case with NCLR, Lambda Legal, and the ACLU are the Law Office of David C. Codell, Munger, Tolles & Olson LLP, and Orrick, Herrington & Sutcliffe LLP.
The case is Strauss et al. v. Horton et al. (#S168047). For more information, go to: http://www.courtinfo.ca.gov/courts/supreme/highprofile/prop8.htm
The California Supreme Court must issue its decisions within 90 days of oral argument.
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