LA Times Editorial: A court battle California doesn’t need
The Supreme Court’s ruling last week in the case of a grandiosely unethical West Virginia justice opened a new field of constitutional review — the high court may now consider when an elected state court jurist has been so tainted by politics that due process requires him to recuse himself from a case.
In West Virginia, a coal executive spent more than $3 million to unseat a sitting state Supreme Court justice; it was money 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 vote in overturning a $50-million jury award against the executive’s coal company.
Indeed, California has wrestled with this problem before — and quite possibly could again.
California’s system for selecting Supreme Court justices is much better than West Virginia’s. Candidates for the court here are nominated by the governor, confirmed by a state commission and then placed on the bench. They must periodically stand for retention, but they are not, as they are in West Virginia, subject to direct challenge by rival 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 judiciary’s independence with the public’s fair insistence on accountability, but even this state’s reasonable retention process has been subject to tilt. Most notable was the 1986 retention election that removed Chief Justice Rose Bird and two associate justices, Cruz Reynoso and Joseph Grodin. Much reflection has gone into that race in the decades since, and opinions differ on its merits. Two truths, however, stand the test of deep inquiry: The forces arrayed against Bird were not motivated solely by her opposition to the death penalty — 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 echoes of the battle of 1986.
At issue are the court’s rulings on same-sex marriage and Proposition 8, and its chief justice, Ronald M. George. In May 2008, the court overturned the state’s ban on gay marriage, striking a victory for civil rights in the grandest tradition of constitutional protection of minorities. A few months later, after voters approved Proposition 8 and amended the state Constitution to ban the same institution that the court had upheld, George and his colleagues upheld the amendment. Both times, George wrote for the majority. He thus angered opponents of gay marriage in 2008 and supporters of it in 2009.
By California’s rules, George faces a retention election in 2010, and some predict that he could face challenges from either side — or even both — in this polarizing debate.
That would be a shame for the state’s judiciary, an unfortunate attack on judicial independence and an unfair castigation of one of this state’s most principled and admirable public officials. In the gay-marriage cases, George’s votes demonstrated conscience, professionalismand restraint. He voted to uphold same-sex unions out of the strong conviction — which this page shares — that the Constitution does not allow society to deny the protection of marriage to gay couples 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 direction, narrowly rejecting gay marriage and amending the Constitution to allow California to recognize only the unions of heterosexual couples. That was challenged, naturally, and the lawsuit offered the court the opportunity to extend its earlier ruling, though on shaky constitutional grounds — advocates for same-sex marriage argued that Proposition 8 was such an affront to the rights of Californians that it revised the Constitution rather than merely amending it. Scholars split on the merits of that argument, and although the strong consensus of legal opinion rejectedit, an opportunistic justice might have seized the chance to solidify his legacy.
Instead, George subordinated his politics — 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 Constitution in the first case, George was able to vote his conscience; bound by the Constitution in the second case, he yielded.
Such is the lot 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 gay marriage, who championed his heroism in 2008, were bitterly disappointed when the court upheld the hateful initiative.
This is not West Virginia. Corporate interests are not knocking off justices who disagree with them and seating more accommodating replacements. But intimidation has no place in our judicial life any more than it does in Appalachia. The 1986 campaign against Bird and her colleagues 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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Homosexuals Are “On Their Way to Hell” says Pat Robertson
Pat Robertson has dammned homosexuals to hell, claimed the majority of homosexuals were turned to that lifestyle due to an abusive relationship, and called homosexuality an “abomination of God”…all in one minute and 37 seconds.
Speaking on The 700 Club today, Robertson was responding to a question posed by a mother who was asking for help on “how to handle” her homosexual son: See Homosexuals Are “On Their Way to Hell” says Pat Robertson
TERRY MEEUWSEN (co-host): This is Theresa. This is difficult. She says, “How should we, as parents of a homosexual son, handle the ongoing challenges facing us, such as staying true to our faith and following the commandment to ‘love your neighbor as yourself’? This is very difficult for us.”
ROBERTSON: Well, first of all, he’s not your neighbor. He’s your son; that’s a different thing. You owe him, you know, advice and counsel and guidance. You’re his parent. First of all, you didn’t say how old he is. Secondly, I am not at all persuaded that so-called homosexuals are homosexuals because of biological problems. There may be a very few, but there are so many that have been made homosexuals because of a coach or a guidance counselor or some other male figure who has abused them and they think there’s something wrong with their sexuality. So you need to get deep into why he is what he is, instead of just saying, “Well, he’s a homosexual so how do I handle him, and how do I be Christian?” Well, I think you ought to tell him, “Listen, son, you know, here’s what the Bible says about this, and it’s called an abomination before God, so I’ve got to tell you the truth because I love you.” That’s what I think. All right, what else?
MEEUWSEN: And then you do that — you love him.
ROBERTSON: You love him. Of course you love him. And you accept him. You love him, but at the same time, you can’t let him just go, you know, he’ll wind up –
MEEUWSEN: Without knowing truth, yeah.
ROBERTSON: Well, I mean, if somebody’s on their way to hell, they’ll — I mean, you’ve got to love them to rescue them.
Instead of calling her son an “abomination of God” as Robertson would suggest, maybe “Theresa” should love and appreciate her son, regardless of his sexual orientation.
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L.A. Gay & Lesbian Center to President Obama: ‘We Need Action and We Need It Now!’
Center CEO Welcomes Obama to L.A. With Open Letter, Urging Him to Fulfill Campaign Promises and Speak Out in Favor of LGBT Equality
LOS ANGELES, CA — The L.A. Gay & Lesbian Center’s Chief Executive Officer Lorri L. Jean released the following letter to President Barack Obama today:
Dear President Obama:
Welcome to California, Mr. President. I welcome you with a heavy heart because of the California Supreme Court’s decision to uphold Prop. 8, relegating same-sex couples to second-class status and denying us that most noble promise of America, “liberty and justice for all.”
You are arriving in Los Angeles on the heels of emotional demonstrations throughout California and our nation and your silence at such a time speaks volumes. LGBT people and our allies have the “audacity to hope” for a country that treats us fairly and equally and for a President with the will to stand up for those ideals. From you we expect nothing less.
We know the country faces many serious challenges and we have strived to be patient. We’ve waited for the slightest sign you would live up to your promise to be a “fierce advocate” for our equal rights while watching gay and lesbian members of the armed forces, who have never been more needed, get discharged from the military. And so far you have done nothing. No stop loss order. No call to cease such foolish and discriminatory actions that make our nation less safe.
You pledged to repeal the “Don’t Ask, Don’t Tell” policy, Mr. President. You promised to support a “complete repeal” of the so-called Defense of Marriage Act and pledged to advocate for legislation that would give same-sex couples the 1,100+ federal rights and benefits we are denied, including the same rights to social security benefits. You said, “Federal law should not discriminate in any way against gay and lesbian couples.”
What of those promises, Mr. President?
Your commitment to repeal DOMA has been removed from the White House Web site. Your promise to repeal Don’t Ask, Don’t Tell was removed and then replaced with a watered-down version. And in the aftermath of yesterday’s California Supreme Court ruling, you have remained silent while your press secretary summarily dismisses questions about the issue.
We not only need to hear from our President, we need his action. And we need it now.
We need your words, Mr. President. But we also need your deeds. We expect you to fulfill the promises you made to us. As Dr. Martin Luther King Jr. taught us, “Justice too long delayed is justice denied.” Do not delay, Mr. President. The time for action is now.
Sincerely, Lorri L. Jean Chief Executive Officer L.A. Gay & Lesbian Center
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Pentagon to continue DADT discharges
(Washington) President Barack Obama’s top military adviser says the Pentagon has enough challenges – including two wars – without rushing to overturn a decade-old policy that bans gays and lesbians from serving openly in the military and incites political and social factions on both sides.
Adm. Michael Mullen, chairman of the …
“TEST ME / for hiv” challenges assumptions about HIV risk in the Asian and Pacific Islander Communities
On May 19 2009, A&PI HIV/AIDS Awareness Day, APICHA will be joined by elected officials and community leaders on the steps of City Hall to launch the campaign and urge the public to take control. May is also Asian Heritage month.
Currently, A&PIs are the only racial/ethnic group in New York that have not experienced a decline in the number of new HIV diagnoses, but only six percent (6%) of A&PI New Yorkers report that their doctor recommended an HIV test. This presents a major public health concern that could have a far-reaching impact.
APICHA has identified limited access to HIV testing as a critical unmet need that requires the attention of doctors and the community. Often, doctors have preconceived assumptions about the sexual risk factors and lifestyle choices of A&PIs based on the stereotype of Asians as “the model minority.” APICHA seeks to change attitudes among doctors by encouraging A&PIs to begin the conversation in an effort to address this major public health problem.
The heart of the campaign will be a coordinated effort to have volunteers visit their doctor’s office wearing a tee shirt that reads “TEST ME / for hiv”. The action is meant to initiate conversation and create an opportunity to educate doctors about the discrepancy.
APICHA hopes that the earned media in both mainstream and ethnic press and work with religious and community leaders will expand the discussion about HIV in various A&PI communities. The campaign will also disseminate information about the issue, and educate A&PI community members about obtaining an HIV test.
APICHA’s mission is to combat HIV/AIDS stigma and related discrimination, to prevent the spread of the HIV/AIDS pandemic in Asian & Pacific Islander communities, and to provide care and treatment for Asian & Pacific Islanders living with HIV/AIDS and their families. The organization was founded twenty years ago and remains the only Pan-Asian HIV/AIDS organization devoted to working with A&PI communities in New York City.
“I applaud APICHA for empowering Asian and Pacific Islanders to take control of their health,” said Dr. Monica Sweeney Assistant Commissioner of the New York City Health Department’s Bureau of HIV/AIDS Prevention and Control. “As long as there are people out there who are unaware of their HIV status, there is a great risk of transmission. If you do not know your status, you cannot access the care you need and you can unknowingly spread the virus to others. Everybody needs to know their status.”
APICHA’s Chief Medical officer and Executive Director will brief the media about the issue and the campaign at the May 19 press conference and can be made available for interview prior to the announced. Mayor Michael Bloomberg, Governor David Patterson and other elected offices have been invited to attend the press conference.
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Obama Needs to End Silence on Biggest Civil Rights Move of Our Time
Barack Obama has appointed a hyperactive director of faith-based initiatives, Josh DuBois, and sees little problem continuing the blurring of church and state that George W. Bush and Bill Clinton initiated in their terms. I remain very uncomfortable with evangelicals and other preachers — many of whom have narrow and bigoted views of America’s 21st century civil rights challenges. See Obama Needs to End Silence on Biggest Civil Rights Move of Our Time
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With Gay Issues in View, Obama Is Pressed to Engage
WASHINGTON — President Obama was noticeably silent last month when the Iowa Supreme Court overturned the state’s ban on same-sex marriage.
But now Mr. Obama — who has said he opposes same-sex marriage as a Christian but describes himself as a “fierce advocate of equality” for gay men and lesbians — is under pressure to engage on a variety of gay issues that are coming to the fore amid a dizzying pace of social, political, legal and legislative change.
Two of Mr. Obama’s potential Supreme Court nominees are openly gay; some advocates, irked that there are no gay men or lesbians in his cabinet, are mounting a campaign to influence his choice to replace Justice David H. Souter, who is retiring. Same-sex marriage is advancing in states — the latest to allow it is Maine — and a new flare-up in the District of Columbia could ultimately put the controversy in the lap of the president.
Mr. Obama’s new global health initiative has infuriated activists who say he is not financing AIDS programs generously enough. And while the president has urged Congress to pass a hate crimes bill, a high priority for gay groups, he has delayed action on one of his key campaign promises, repealing the military’s “don’t ask, don’t tell” rule.
Social issues like same-sex marriage bring together deeply held principles and flashpoint politics, and many gay activists, aware that Mr. Obama is also dealing with enormous challenges at home and overseas, have counseled patience.
But some are unsettled by what they see as the president’s cautious approach. Many are still seething over his choice of the Rev. Rick Warren, the evangelical pastor who opposes same-sex marriage, to deliver the invocation at his inaugural, and remain suspicious of Mr. Obama’s commitment to their cause.
In the words of David Mixner, a writer, gay activists are beginning to wonder, “How much longer do we give him the benefit of the doubt?” Last weekend, Richard Socarides, who advised President Bill Clinton on gay issues, published an opinion piece in The Washington Post headlined, “Where’s our fierce advocate?”
The White House, aware of the discontent, invited leaders of some prominent gay rights organizations to meet Monday with top officials, including Jim Messina, Mr. Obama’s deputy chief of staff, to plot legislative strategy on the hate crimes bill as well as “don’t ask, don’t tell.” Among those attending was Joe Solmonese, president of the Human Rights Campaign, who said afterward that while the gay rights agenda might not be “unfolding exactly as we thought,” he was pleased. See With Gay Issues in View, Obama Is Pressed to Engage New York Times -* Tags = gay men gay news lesbian news transgender bisexual
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Oscar Winner Dustin Lance Black Testifies in Support of Harvey Milk Day, Which Promply Passes Key Committee
Sacramento – Dustin Lance Black, the Academy Award winning writer of the film Milk, testified before the California State Senate Education Committee shortly before it passed the Harvey Milk Day Bill, SB 572, in a 7-2 vote that included bipartisan support from Sen. Abel Maldonado (R-Santa Maria) who voted for the bill.
“When I was 14 years old, a theatre director in the Bay Area told me the story of Harvey Milk,” said Black, an advocate for equal rights. “It was a story about an out gay man who stood up to prejudice and bigotry, lived openly as who he was, was elected to public office, and lit the fire of today’s national and global LGBT civil rights movement. Not surprisingly, his story gave me hope,” he said.
The bill, sponsored by Equality California (EQCA) and introduced by Senator Mark Leno (D – San Francisco) calls for a “day of special significance” honoring Milk and is designed to educate Californians about the former San Francisco City Supervisor, who became the nation’s first openly lesbian, gay, bisexual or transgender (LGBT) person elected to political office in a major city.
“We may have lost Harvey Milk, but we have not lost his passion, his commitment, and his courage,” said Geoff Kors, EQCA Executive Director. “Harvey Milk’s endurance in the face of seemingly insurmountable challenges is a source of pride and inspiration for every Californian.”
Milk’s groundbreaking service as an openly gay official helped bring LGBT people out of the closet and into civic life. During his time in office, he was responsible for both passing San Francisco’s first gay-rights ordinance and helping to defeat the controversial Briggs Initiative, which sought to ban gay and lesbian teachers from public schools. Milk, along with San Francisco Mayor George Moscone, was assassinated in November 1978.
“Harvey Milk gave hope to an entire generation of gay and lesbian people whose basic humanity and freedom had been denied and dishonored,” said Senator Leno. “He literally gave his life so that I and other LGBT elected officials could serve in public office. Thanks to Dustin Lance Black and the creators and stars of the movie “Milk,” Harvey’s incredible story continues to be told around the world. It is only fitting that we continue our work to preserve his legacy for generations to come,” he said.
The legislation was originally introduced last year by Sen. Leno, but Governor Arnold Schwarzenegger vetoed the measure at the time, claiming Harvey Milk was not well known enough beyond San Francisco. Since that time, however, Harvey Milk has become a focal point of national conversation following the successful release of Milk, the critically acclaimed film depicting the life of the slain civil rights leader for which Black and actor Sean Penn received Academy Awards.
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Souter proves a gay rights surprise
Deb PriceSouter proves a gay rights surprise
When David Souter was nominated to the Supreme Court in 1990, gay-rights groups quickly lined up to oppose him: Three years earlier, as a state judge he had signed onto an advisory opinion saying nothing prevented New Hampshire from banning gay adoption. But once on the court, Souter stepped into the shoes of civil rights giant William Brennan and quietly grew into them. What a joyful surprise Souter’s nearly two-decade run turned out to be. Using his intellectual gifts and good heart, Souter helped produce a warming trend, enabling the court to begin moving away from four decades of icy treatment of gay men and lesbians. Thanks to Souter, the court turned a major corner in 1995, when a unanimous opinion that he wrote for the court finally used the respectful term “gay.” Souter’s ruling also spoke respectfully of Massachusetts’ gay-rights law, igniting the hope that major breakthroughs would come soon. The first–Romer v. Evans–came the very next year. Souter voted with the majority in ruling gay Americans have a right to equal protection of the laws. He also voted with the majority in the landmark Lawrence v. Texas decision, which in 2003 declared gay Americans have a right to sexual privacy. In between, Souter wrote a gay-friendly dissent to the 2000 ruling allowing the Boy Scouts to ban gay scoutmasters. And, in a 1998 signal that the court was not undercutting Romer, Souter signed onto an unusual statement by Justice John Paul Stevens stressing that the court’s refusal to hear a challenge to a sweeping anti-gay amendment in Cincinnati “is not a ruling on the merits.” Within his own chambers, as my co-author Joyce Murdoch and I documented in “Courting Justice: Gay Men and Lesbians v. the Supreme Court,” Souter reacted respectfully when one of his law clerks came out. Souter hired another clerk who was a gay-rights scholar. Souter, appointed by a Republican president, added a parting gift: By choosing to retire when a gay-supportive Democrat will pick his successor, he likely ensured the court will continue its trend toward reading gay rights into the Constitution’s promises of equality. Obama offered a hint at what Souter’s replacement may look like when he said two years ago that he’d appoint justices with the “empathy to recognize what it’s like to be a young, teenaged mom … to be poor or African-American or gay or disabled or old.” More recently, Obama vowed to “seek someone who understands that justice” affects whether people feel “welcome in their own nation.” That kind of Souter replacement would maintain what’s now believed to be a 5-4 split in favor of basic gay rights. She — or he — will join the court’s progressive wing amid a sea change in public attitudes and legal rights for those of us who are gay. Knowledge of that “real world” could prove helpful: Unless Congress finally addresses two pressing injustices, the court might hear challenges in the next few years to the bans on openly gay soldiers and on federal benefits for same-sex married couples, notes gay law scholar Arthur Leonard. Souter’s replacement hopefully will feel a special kinship to him, as he did to Brennan. Even when ruling against a specific gay group in 1995 — declaring that forcing organizers of Boston’s St. Patrick’s Day parade to let an Irish-American gay group participate would violate the First Amendment — Souter was careful not to suggest the court agreed with anti-gay prejudices. Thank you, Justice Souter, for making gay Americans feel more welcome in our own nation. dprice@detnews.com (202) 662-8736 |
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‘Kite Runner’ and gay penguins
Not everybody loves “The Kite Runner.”
Khaled Hosseini’s million-selling novel about friendship and betrayal between two Afghan boys, a book club favorite that became a feature film, was among the releases most likely to inspire complaints last year from parents, educators and others, the American Library Association announced Thursday.
“The Kite Runner,” which includes a rape scene, has been criticized for offensive language and sexual content. A parent in Champaign, Ill., and a school board official in Morganton, N.C., were among those who challenged “The Kite Runner” last year.
The association listed 513 challenges last year, an increase of 93 from 2007, but well below the levels of 700 and higher in the 1990s. The ALA defines a challenge as a “formal, written complaint filed with a library or school requesting that materials be removed because of content or appropriateness.”
For every challenge tallied, about four or five end up unreported, according to the association.
For the third year in a row, the most challenged book was “And Tango Makes Three,” Justin Richardson and Peter Parnell’s award-winning picture story about two male penguins that become parents. “Tango” was cited for being anti-family, pro-gay and anti-religion. See ‘Kite Runner’ and gay penguins @ Barre Montpelier Times Argus
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