California appellate court rules La Crescenta property belongs to Los Angeles diocese
A California appellate court’s June 9 ruling was the latest in a series of recent developments that return disputed church properties to three California Episcopal dioceses.
On June 9, the San Diego-based Fourth District Court of Appeal ruled unanimously that the Diocese of Los Angeles is legal owner of property currently occupied by St. Luke’s Anglican Church. The congregation had cited theological differences when severing ties to the Episcopal Church (TEC) in 2006 and realigning with an Anglican diocese in Uganda.
In unrelated agreements, displaced Episcopalians will return July 1 to two other disputed properties, St. John’s Church in Petaluma, in the Diocese of Northern California and St. Paul’s Church in Modesto in the Diocese of San Joaquin.
“The long history of the Episcopal Church in La Crescenta will continue with new leadership and the potential for sustained growth, and as an open source of full inclusion for all humanity,” Bishop Jon Bruno of Los Angeles said June 9 after learning of the court’s decision.
“It is important that we preserve the essence of St. Luke the healer and the ongoing maintenance of the historic church building. It is a jewel in the crown of La Crescenta, and a blessing to the people of the Diocese of Los Angeles.”
Los Angeles: ‘property held in trust’ for wider church
The appellate court ruling affirmed a 2007 trial court decision that the church, located about 15 miles north of Los Angeles, was held in trust for the mission of both the local diocese and the wider church. In issuing the ruling, the ten-member panel cited a January 5, 2009 California Supreme Court decision, which returned St. James Anglican Church in Newport Beach to the diocese. Attorneys in that case, New v. Kroeger, have appealed the decision to the U.S. Supreme Court.
John Shiner, chancellor for the Diocese of Los Angeles, said a timeline for transition will advance in accordance with court procedures.
The Rev. Rob Holmann, rector of St. Luke’s Anglican Church, declined to comment June 10. “I know the general direction of the ruling, but I am withholding all comment until I see it” and until he could speak with attorneys, he told the Episcopal News Service.
A few days earlier, Holmann had told the Glendale News Press that he and the 200-member congregation “would very much like to stay” in the 83-year-old river-rock building, considered a cultural, architectural and historic local landmark.
Bruno said the future mission of St. Luke’s, now under his direct pastoral control, will be to focus on “deepening our understanding of what it means to be reconciled, welcoming and healthy people of God.”
Petaluma and Modesto: Episcopal congregations set to return July 1
After a bitter split and three years of “homelessness,” members of St. John’s Episcopal Church in Petaluma are returning July 1 to the 118-year-old church, the Rev. Norman Cram said in a telephone interview June 10.
“We are jubilant, overwhelmingly jubilant,” said Cram, priest-in-charge. “We celebrated our homelessness and we overlooked the inconveniences of living and worshipping out of a laundry basket but now that these things are almost behind us, it’s almost overwhelming.”
Citing disagreement over the ordination of a gay bishop, a majority of the 250-member congregation in December 2006 had voted to sever ties with the Episcopal Church and the Diocese of Northern California but declined to vacate church property. They formed St. John’s Anglican Church, displacing about 55 continuing Episcopalians who initially met in homes.
The Rev. David Miller, rector of the Anglican congregation, had sought a transfer of his canonical residence to the Argentina-based Anglican Province of the Southern Cone and was eventually deposed by the Rt. Rev. Jerry Lamb, then bishop of the Diocese of Northern California.
Miller did not return ENS telephone calls June 10. Mike McIntosh, parish administrator for the disaffiliated group, said a news release would be issued eventually, but declined further comment. The congregation’s last service in the church will be Sunday, June 28.
The continuing Episcopal congregation eventually began meeting on Sunday evenings at the Elim Lutheran Church in Petaluma who “magnificently sheltered us,” said Cram. He added that he hopes: “to present a healthy Christian perspective of love, compassion and kindness to our community, to be the yeast for the values of unity and inclusiveness in Petaluma.”
Meanwhile, Bishop Jerry Lamb of San Joaquin told ENS that discussions are underway with St. Paul’s Church in Modesto for return of that property by July 1, which several years ago affiliated with the Anglican Mission in America.
The Rev. Michael McClenaghan, rector, did not return ENS calls.
Lamb was already planning an organizational meeting, seeking lay leaders to begin the work of transition. “I have been making calls this week to laity who are or have been members of St. Paul’s and have signaled their desire to remain in the Episcopal Church,” he said in a statement posted on the diocesan website.
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Unanimous California Supreme Court Rejects Attempt to Limit Discrimination Claims by People with Disabilities
‘The Court’s decision furthers the Unruh Act’s purpose to eradicate arbitrary and invidious discrimination from California’s business establishments.’
(San Francisco, June 11, 2009) — Today the California Supreme Court unanimously ruled that California’s Unruh Civil Rights Act does not impose extra legal hurdles for people with disabilities, including people living with HIV who seek damages for discrimination.
Statement from Tara Borelli, Staff Attorney at Lambda Legal and a principal author of the friend-of-the court brief Lambda Legal submitted urging today’s legal result in Munson v. Del Taco:
“The Court rightly rejected efforts to misread the Unruh Civil Rights Act to impose extra legal hurdles which would have harmed all disabled Californians who face discrimination in public accommodations, including those living with HIV.
“Real, reliable change for people with disabilities has been painfully slow in coming but the high court’s decision today promises greater fairness in California. The Court’s decision furthers the Unruh Act’s purpose to eradicate arbitrary and invidious discrimination from California’s business establishments.
“Though this case does not directly involve people living with HIV, the application of this decision will be helpful to all people living with disabilities who encounter discrimination, which includes many Californians living with HIV.”
Background on Munson v. Del Taco:
Kenneth Munson, a wheelchair user, filed suit against Del Taco, Inc. alleging violations of the federal Americans with Disabilities Act and California’s Unruh Act. Munson’s suit is based on claims arising from visits he made to one Del Taco restaurant, where he encountered architectural barriers to his use of the parking lot and restroom.
Background on Unruh Civil Rights Act:
California’s Unruh Civil Rights Act requires that public accommodations — businesses such as restaurants, rental housing, and doctors’ offices — are open to everyone, without arbitrary discrimination based on disability (including HIV), sex (including gender identity), sexual orientation, marital status, race or several other personal characteristics. Similarly, the federal Americans with Disabilities Act (ADA) forbids denying disabled people equal access to public places. In 1992, California revised the Unruh Act to better protect disabled Californians from discrimination by saying that a plaintiff who proves an ADA violation has also proven a state law violation.
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Gay Marriage Battle Heats Up In Nation’s Capital NPR
Until 2004, same-sex couples couldn’t wed anywhere in the country. Now, gay marriage is legal in Massachusetts, Connecticut, Iowa, Vermont, Maine and most recently New Hampshire.
Despite these historic strides by the gay rights movement, though, the United States is still a nation divided over whether to redefine marriage.
The California Supreme Court on May 26 upheld the state’s voter-approved constitutional ban on gay marriage, but ruled that some 18,000 same-sex couples who wed before Proposition 8 took effect would still be married under state law.
Twenty-nine other states have enshrined voter-approved prohibitions blocking same-sex marriage in their state constitution as a way to keep state judges from overturning the bans. See Gay Marriage Battle Heats Up In Nation’s Capital NPR
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Drive to stop gay partnership law is dividing conservatives
Reporting from Seattle — A campaign to roll back gay rights that kicked off in Washington state over the weekend has split the Christian conservative community, with some wondering whether it is the right time for a fight and others arguing that time may be running out.On the heels of the recent California Supreme Court ruling that upheld Proposition 8′s prohibition against same-sex marriage, conservative groups here began collecting signatures for a ballot referendum to block a new Washington state law that substantially expands rights for domestic partners.
The law that Democratic Gov. Chris Gregoire signed in May has been dubbed the “everything but marriage” bill. When it takes effect in July, it will expand previous domestic partnership laws to include issues like adoption, child support, pensions and other public-employee benefits.Washington’s secretary of state approved the referendum petitions Friday and signature collections began over the weekend. If referendum backers collect 120,577 signatures by July 25, the law would be suspended pending a vote in November.But some conservatives fear that public support for domestic partnership rights and a preoccupation with the economy could doom the effort — and make it harder to battle same-sex marriage down the road. See Drive to stop gay partnership law is dividing conservatives
Los Angeles Times
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Students protest Prop. 8 ruling with mock marriages
Megan Belchamber handed her carton of chocolate milk to a friend to hold while she “married” Natalie Salagean in a lunchtime ceremony Tuesday at Palm Springs High School.
After the ceremony, the sophomores tied a gold ribbon around each others’ ring fingers to symbolize the bond.
The two are members of the Palm Springs High School Gay-Straight Alliance.
They joined about 70 other couples in mock wedding ceremonies in support of marriage equality.
Students organized and participated in the rally in response to the California Supreme Court’s recent ruling to uphold Proposition 8, passed by California voters, which states marriage is between a man and a woman.
“We were disappointed for about five minutes, then we stood up and decided we wanted to send a really strong message,” said Vanessa Wilcox, president of the alliance. See Students protest Prop. 8 ruling with mock marriages The Desert Sun
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LOS ANGELES: All Saints, Pasadena, clergy opt out of civil marriages until gay couples can legally wed
Clergy at All Saints Episcopal Church in Pasadena, California, are opting out of performing civil marriages until gay couples can legally wed–and are encouraging other clergy to do likewise, according to the Rev. Ed Bacon, rector.
“At the heart of Jesus’s moral vision and All Saints’ historic mission is respecting the dignity of every human being,” Bacon said in a June 3 press release announcing the decision, which is effective immediately.
“The California Supreme Court in its recent opinion has ruled that those of same-gender affections are second-class citizens,” Bacon added. “Denying fundamental rights to a certain classification of humanity is blatant discrimination with which our governing board, the other clergy of All Saints, and I will not participate. We invite other clergy and congregations to join us in this stand for marriage equality.”
Bacon referred to the May 26 state Supreme Court ruling that upheld the controversial Proposition 8, a constitutional amendment providing that “only marriage between a man and a woman is valid in California.” Their decision sparked nationwide rallies by both advocates and opponents of the measure.
The Rev. Susan Russell, an associate at the Pasadena congregation known for its social activism and progressive politics, said on June 4 that clergy are meeting with couples whose nuptials were already planned “to explain the new policy and hold pastoral conversations about the impact on them.
“We only do member weddings, so folks married here at All Saints typically share our values of inclusion and would be on board, we think, with making arrangements to have the civil part of their marriage take place external to All Saints clergy,” said Russell, who is president of Integrity USA, an advocacy group for gay, lesbian, bisexual and transgender Episcopalians.
But she added that: “We will continue to serve and marry them civilly if that’s what the couple prefers for whatever reason because that was the contract going in.”
All Saints vestry, at its June 2 meeting, had unanimously passed a resolution declaring that “the sacramental right of marriage is available to all couples, but that the clergy of All Saints Church will not sign civil marriage certificates so long as the right to marry is denied to same-sex couples.”
The vestry’s decision acknowledged “our active participation in the discriminatory system of civil marriage is inconsistent with Jesus’s call to strive for justice and peace among all people and respect the dignity of every human being.” The resolution states “civil marriage in the State of California is, as a result of Proposition 8 and the Court’s decision, a constitutionally-mandated instrument of discrimination, which furthers injustice and denies same-sex couples the fundamental dignities to which each human being is entitled,” Bacon said. Russell said there was little discussion in the vestry meeting. “It was just a no-brainer that of course we want to take steps that keep us from being complicit in state-sponsored discrimination.
“I keep thinking I couldn’t be prouder to work at All Saints church than I already am and then our leadership keeps taking steps that make me even prouder,” Russell said. “It was it is such a part of the DNA of All Saints Church to stand with those in need of solidarity. This stand is so deeply rooted in our baptismal covenant, it gives us such a strong theological place to stand. It feels like very firm foundation, indeed.”
The Rev. Neil Thomas of the Metropolitan Community Church (MCC) in Los Angeles, a petitioner in the Proposition 8 case, said the 40-year-old 500-member congregation likewise is observing a moratorium on signing civil weddings.
“We will not sign the paperwork” for civil marriages, said Thomas, whose ministry is primarily, but not exclusively, to the LGBT community. He is also the president of California Faith for Equality, a progressive interfaith movement of about 6,000 clergy, which submitted an amicus brief advocating that the California Supreme Court overturn Proposition 8.
– The Rev. Pat McCaughan is Episcopal Life Media correspondent for Provinces VII and VIII and the House of Bishops. She is based in Los Angeles.
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Young, Queer and Reflecting on Organizing Around Marriage
I was in San Francisco last week when the California Supreme Court announced its decision upholding Prop 8 and I took the opportunity to interview some of my friends in the LGBT community about their thoughts on the efforts to organize for marriage.
Going into this project, I wasn’t sure what I’d hear. I knew from previous conversations that many in my community of young, queer activists had questioned whether LGBT organizations should continue to prioritize marriage recognition at the cost of other LGBT advocacy efforts.
While some folks were still questioning our community’s attention to marriage, I heard from other folks that their opinions on the significance of marriage had changed after they’d witnessed the nationwide mobilizations in the wake of Prop 8. One definite effect of the mobilizations and the prominence of marriage in the public discourse was that my friends seemed to have spent a lot of time trying to figure out how they felt about marriage both personally and politically. As Jon, a grad student in public health at Berkley, said, marriage became something he “had to take more of an opinion on.”
I found the diversity of perspectives offered in these conversations insightful and so I thought I’d take the opportunity to share a few clips in the following video @ Young, Queer and Reflecting on Organizing Around Marriage
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Mike Gin, Redondo Beach’s Chinese-American, Rotarian, Gay Mayor
After months of living legal limbo, Redondo Beach Mayor Mike Gin’s marriage was finally declared legal several days ago by the California Supreme Court. But marital validation was no tonic for Gin, who wasn’t celebrating the landmark decisions on same-sex marriage issued last week by the California Supreme Court.
“It’s a bittersweet feeling,” he admits. “My husband and I are thrilled about that part of the ruling that affects us, but there are many other couples now who cannot share in the happiness that we were able to experience on our wedding day. I’m hoping that someday all of us can experience that same happiness.”
Gin and his husband, Christopher Kreidel, were part of the pool of approximately 18,000 gay people married after the California Supreme Court ruled a year ago that same-sex marriages were legal, but before the Proposition 8 vote last fall banned same-sex marriage.
Despite the ruling early last week upholding Prop. 8, he is not discouraged. He notes that Prop. 22, the long-standing gay-marriage ban overturned by the courts last May, passed in 2000 with 60 percent of the vote, while Prop. 8 passed with only 52 percent.
“I think it is still a very strong social issue on both sides in our society right now,” he says. “But the voting numbers show that as a society we’re moving in the right direction.”
Gin is an unusual public official in that he is gay, married, Asian-American — and popular at a time when California politicians are reaching new lows in approval-rating polls. After serving eight years on the Redondo City Council and four as mayor, Gin has developed a reputation as a classic old-school politician who listens patiently to residents, considers a wide array of arguments and interests before making a decision, and goes out of his way to avoid confrontation.
See Mike Gin, Redondo Beach’s Chinese-American, Rotarian, Gay Mayor
LA Weekly
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Claiming God is on their side, thousands rally in support of gay marriage ban
Thousands of supporters of California’s ban on same-sex marriage rallied in Fresno and San Diego on Sunday in what organizers described as a celebration of traditional wedlock and a thank-you to the California Supreme Court for upholding their voter-approved measure.The demonstrations followed Saturday’s gathering of gay rights supporters in Fresno to renew efforts to reverse Proposition 8, which the high court let stand early last week. See Thousands rally in support of gay marriage ban
Los Angeles Times
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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.”
See Gay community bitterly disappointed by Obama’s lack of action The Canadian Press * Tags = gay men gay news lesbian news transgender bisexual
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