Miss Calif. pageant gives ad time to gay group

(San Francisco) The Miss California USA pageant director who became embroiled in a war of words with former title holder Carrie Prejean has donated 30-seconds of free ad time to the state’s largest gay rights group.

Equality California announced Thursday that it would be airing a spot featuring a teenage girl …

Ex-Miss California admits to making sex tape

(New York) Former Miss California USA Carrie Prejean calls a sex tape she made for an ex-boyfriend several years ago “the biggest mistake of my life.”

Prejean told Fox News on Monday and NBC’s “Today” show on Tuesday that she shot the X-rated video of herself alone when she was 17 …

Ex-Miss California Prejean, pageant settle lawsuit

(Los Angeles) The legal war between former Miss California USA Carrie Prejean and pageant organizers is over.

A joint statement released Tuesday says Prejean and the organizers of the pageant reached a confidential settlement on dueling lawsuits.

Prejean sued Miss California USA organizers in August for libel, slander and religious discrimination. She …

Former Miss California sues over firing

(Los Angeles) Former Miss California USA Carrie Prejean has sued pageant officials for libel, slander and religious discrimination.

Court records show Prejean sued California pageant executive director Keith Lewis and actress and former Miss USA Shanna Moakler in Los Angeles on Monday.

Prejean was fired in June by pageant officials, who cited …

Gay Kiss Arrests In Utah Defended By Mormon Church

In the wake of one “kiss-in” protest carried out last Sunday and ahead of another one planned for this Sunday, the LDS Church issued a statement Friday defending its Main Street Plaza property rights and its actions involving a pair of men cited there last week for their public displays of affection.

Echoing previous comments made by a church spokeswoman following the July 9 incident, Friday’s statement said the pair were asked “to stop engaging in behavior deemed inappropriate for any couple of the plaza,” which was “more involved than a simple kiss on the cheek.”

“They engaged in passionate kissing, groping, profane and lewd language and had obviously been using alcohol,” the statement continued. “They were politely told that the plaza was not the place for such behavior and asked to stop. When they became belligerent, the two individuals were asked to leave church property.”

The two — Derek Jones and Matthew Aune — were detained by church security, cited by Salt Lake police for trespassing, an infraction of city ordinances, and later released.

The police report stated that Aune said the two had been drinking earlier at the Gallivan Center. After leaving and passing through the plaza, they sat down and he kissed Jones. Aune told police that when the two were confronted by church security and asked to leave, he refused, and he was slammed to the ground as security detained the pair with handcuffs.

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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.

See Voter ‘animus’ to be issue in Calif marriage case
San Francisco Chronicle

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Gates Plan May Be Beginning of the End of ‘Don’t Ask, Don’t Tell’

Pentagon Studies Ways to Relax Enforcement as First Step; Impact on Troops Would be Minimal

SANTA BARBARA, Calif. — In the wake of yesterday’s unexpected Pentagon announcement about gays in the military, experts say the “don’t ask, don’t tell” policy may be on the brink of irreversible change that would speed up its demise. After speaking with President Obama last week, Defense Secretary Robert Gates has asked military lawyers to explore how to modify enforcement of the policy in ways that are “more flexible until the law is changed.” The President Monday reiterated his intention to end discrimination against gay troops, saying he is working with Congress and the military to do so.

Christopher Neff, political director of the Palm Center, said the remarks by Secretary Gates marked the first time the Defense Secretary has made clear that the Pentagon is onboard with the President’s determination to lift the ban. “‘Don’t ask, don’t tell’ is a package — both a law and a policy — that hasn’t been penetrated for fifteen years,” Neff said. “This is a crack in humpty dumpty, and it gets the ball rolling for a political solution since it gives cover to lawmakers who have been waiting for a nod from the Pentagon.”

Neff said that even a small change in how “don’t ask, don’t tell” is enforced could represent a seismic political shift, even if it does not have a substantial operational impact on most gay troops, who would still be subject to discharge. If the military stops applying certain provisions of the policy, as Gates says it is considering, it would send a signal to Congress about the inevitability of change. “That’s why executive action is the key to unlocking the political stalemate,” said Neff. “Even the statements themselves, although they do await follow-up action, have changed the political landscape.”

Last month, the Palm Center published a report which outlined several legal and political rationales for executive branch discretion in regulating, and even halting, discharges provided for by federal statute. One of those rationales is closely linked to the new review announced by Secretary Gates. According to the Palm Center study, “the ‘don’t ask, don’t tell’ policy itself, as codified by Congress, also grants authority to the Department of Defense to determine the procedures under which investigations, separation proceedings, and other personnel actions under the authority of 10 U.S.C. Section 654 will be carried out … The Secretary of Defense has discretion to determine the specific manner in which ‘don’t ask, don’t tell’ will be implemented.” Prior to the release of the Palm Center’s report, most observers had assumed that only Congress or the federal courts end the firings of gay troops.

Amidst mounting public pressure, White House press secretary Robert Gibbs said this week that he thought “don’t ask, don’t tell” would be repealed by the end of the President’s first term. Nathaniel Frank, senior research fellow at the Palm Center, said this week’s developments were politically significant. “Serious discussions have been launched by the President himself,” said Frank. “Obama has said this is a failed policy that harms national security, so these measures are not just fixes, but may be the beginning of the end.” Frank added that any regulatory changes that fall short of halting all discharges will be “window-dressing,” but he focused on the implications for further political change. “This means the hot potato party may finally be over, as the President understands where the buck stops.”

In the wake of this week’s developments, the Palm Center announced that it is preparing a more extensive legal analysis of administrative options for relaxing the application of certain provisions of “don’t ask, don’t tell.” Neff said that the Defense Department should invite public input as the rules are re-drafted, which would be consistent with past processes when military regulations have been

changed. “This review should be no different,” he said.

Organizations and individuals who have endorsed or endorsed consideration of the use of executive action based on the legal theories outlined in the Palm Center’s study include Secretary Gates, 77 members of Congress, the New York Times editorial page, Center for American Progress, Human Rights Campaign, Servicemembers Legal Defense Network, Hendrik Hertzberg of the New Yorker, the political consultant Robert Shrum, and former White House aide Richard Socarides.

The Palm Center is a research institute at the University of California, Santa Barbara. The Center uses rigorous social science to inform public discussions of controversial social issues, enabling policy outcomes to be informed more by evidence than by emotion. Its data-driven approach is premised on the notion that the public makes wise choices on social issues when high-quality information is available. For more information, visit www.palmcenter.ucsb.edu.

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In Maine,Sen. Damon leads gay pride parade NECN -

Advocates of same-sex marriage marched through the streets of Portland, Maine on Saturday for the annual gay pride parade — the first since passing a gay marriage law last month.

Participants carried a 900-foot long rainbow flag that stretched for several city blocks.

The man who sponsored Maine’s gay marriage law, Senator Dennis Damon, was the master of ceremonies.

“It isn’t just the gay. Lesbian, bisexual, transgender community, it’s our community as a whole. And that’s what I hope that Maine will look onto, will grab onto and continue to move forward with,” Sen. Dennis Damon said.

Last month, Maine became the fifth state to allow gay marriage.

Since then, New Hampshire adopted its own a gay marriage law.

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