Senate confirms 1st openly gay US marshal

Minneapolis assistant police Chief Sharon Lubinski has become the first openly gay U.S. marshal. The U.S. Senate confirmed the Green Bay, Wis. native to be the U.S. marshal for the Minnesota district. Last week’s confirmation also makes her the first female marshal in the state.

Lubinski has served a number of …

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

As President Obama prepares to name his first Supreme Court justice, conservatives in Washington are making clear that his nominee will face plenty of questions during the confirmation process on the legal underpinnings of same-sex marriage.

In addition to shedding more light on the nation’s most contentious unfolding social drama and legal frontier, Senate Republicans say the debate could provide a road map to an Obama nominee’s judicial philosophy.

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

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

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

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

Sen. Orrin G. Hatch (Utah), another GOP member of the Judiciary Committee, said conservatives are particularly eager to avoid a Supreme Court ruling akin to the 1973 Roe v. Wade decision, which legalized abortion nationwide and has divided the country ever since. “I don’t think members of the court, or any of us, ever want to see a decision like that again,” Hatch said. Obama 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-sex marriage gained national resonance in the wake of last month’s Iowa Supreme Court ruling that legalized the practice in that state. And in the two weeks since Justice David H. Souter announced his retirement, Maine also legalized same-sex marriage, becoming the fifth state to do so; the New Hampshire legislature sent a marriage-equality bill to the governor; the New York State Assembly approved gay-marriage legislation; and the District of Columbia voted to recognize same-sex marriages performed elsewhere.

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

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OMG: Miss California Topless Shots Hit The Web, Could Cost Her The Crown

Miss California Carrie Prejean topless pictures are making their way to the web, and could cost her the state crown.

In a photo posted on Thedirty.com, seen in part to the left, a tan brunette in pink underwear with her arms across her chest and her back to the camera, is seen smiling over her shoulder at the camera. But with the photo, Prejean may be in violation of her contract.

According to the AP:

Pageant spokesman Roger Neal said Tuesday it appears the 21-year-old Prejean has run afoul of several sections of the 12-page contract that prospective contestants were required to sign before competing in the state contest.

The contract contains a clause asking participants whether they have conducted themselves “in accordance with the highest ethical and moral standards” and if they’ve ever been photographed nude or partially nude.

Prejean has released a statement about the photo seen below, an implicit confirmation that this photo, and others reportedly being shopped around, are indeed of her. Her hair is brown and the photos are from before her pageant-funded breast implants.

See Miss California Topless Shots Hit The Web, Could Cost Her The Crown

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Obama’s 100-day gay report card

This Wednesday marks the 100th day since President Obama took the oath of office and, for the national lesbian, gay, bisexual and transgender community, never-before-experienced access to and inclusion in the federal government — although the LGBT community is still awaiting the appointment of an openly gay individual to the president’s cabinet.

Since taking office, Obama has appointed at least 35 openly LGBT individuals to federal posts. Nine of these employees were nominated for positions that required Senate confirmation, making Obama the first president ever to choose LGBT individuals for such positions within the first 100 days of the presidency.

Among the top LGBT appointments are John Berry as director of the Office of Personnel Management; Fred Hochberg as chair of the Export-Import Bank; Kathy Martinez as assistant secretary for the Office of Disability Employment Policy; Marisa Demeo as associate judge in the Superior Court of the District of Columbia; Nancy Sutley as chair of the White House Council on Environmental Quality; and Mercedes Marquez as the assistant secretary for community planning and development and Raphael Bostic as assistant secretary for policy development and research, both at the Department of Housing and Urban Development. See Obama’s 100-day gay report card

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Utah lawmaker who made anti-gay comments removed as committees’ chairman

A defiant Sen. Chris Buttars, R-West Jordan, said Friday he won’t let his ouster from two key legislative committee chairmanships stop him from defending marriage against “an increasingly vocal and radical segment of the homosexual community.”

Earlier Friday, Senate President Michael Waddoups, R-Taylorsville, took the unusual step of publicly announcing he was removing Buttars as both chairman and a member of the Senate Judiciary Committee

The decision also strips Buttars of his chairmanship of the Senate Judicial Confirmation Committee. Buttars, re-elected last year to a third term, remains chairman of the Senate Health and Human Services Committee and vice-chairman of the powerful Rules Committee.

Waddoups said his action should not be seen as a punishment for anti-gay statements Buttars made to a documentary filmmaker, which include comparing gay-rights activists to Muslim terrorists and calling them “the greatest threat to America going down.”

The Senate leader said Buttars is considered by his colleagues to be a “stalwart” who “represents the views of many of his constituents and many of ours.” Waddoups acknowledged he did not agree with everything Buttars said, but he repeatedly declined to be specific.

See Utah lawmaker who made anti-gay comments removed as committees’ chairman
The Deseret News (Salt Lake City)

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Fury Over Obama’s Gay-Affirming Justice Picks

Social conservatives are calling on Congress to reject several of President Obama’s picks to the Department of Justice, including the No. 2 position of deputy attorney general, because they support gay and lesbian equality and the right of a woman to have an abortion.

Republicans on Capital Hill grilled David Ogden, nominated to be the deputy attorney general, at length about those issues at his Thursday confirmation hearing, reports The Associated Press.

Ogden filed a brief in support of the gay defendants at the center of the 2004 Supreme Court case Lawrence v. Texas which declared sodomy laws unconstitutional. Ogden has also defended organizations that support the right of a woman to seek an abortion.

“You’ve taken some very extraordinary positions, some left-leaning and unorthodox positions,” Senator Jon Kyl, a Republican from Arizona, told Ogden.

Evangelical groups, including the ardently anti-gay Focus on the Family and the American Family Association, have objected to Ogden’s nomination.

Similar concerns are being expressed over the nomination of Elena Kagan to Solicitor General. Kagan, who is openly gay, is being denounced for her support of open service for gay military personnel.

See Fury Over Obama’s Gay-Affirming Justice Picks
On Top Magazine, OH

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Smith says NY Senate lacks gay marriage votes

ALBANY, N.Y. – New York Senate Majority Leader Malcolm Smith said Saturday that his Democratic conference lacks enough votes to legalize gay marriage this year, but he’s committed to passing a gay marriage bill soon.

Smith said in remarks prepared for a Human Rights Campaign event in Manhattan that he strongly supports equal marital rights for gay couples.

“Although we don’t have the number of votes at this time needed to pass the marriage equality and gender bill this legislative session, we are committed to pursuing its passage when we have the votes,” said Smith, of Queens.

But his confirmation that he lacks enough votes is likely a disappointment for gay rights advocates, who had hoped gay marriage would pass after Democrats took control of the Senate in the November elections. See Smith says NY Senate lacks gay marriage votes
Newsday, NY

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GOP Behaving Poorly: GOP Delaying Holder Confirmation Over Torture – want him to promise not to go after Bushies

Senate Republicans hope to delay a vote on the confirmation of Eric Holder to become attorney general in order to pressure him to say whether he will prosecute intelligence agents for torture if they were following orders and acting within what they believed to be legal guidelines.

Holder told the Judiciary Committee last week that waterboarding is “torture” and therefore illegal. Susan J. Crawford, the top Bush administration official overseeing the trials of detainees, told the Washington Post that at least one individual held at the prison center at Guantanamo Bay was “tortured.”

The question Republicans want answered before Holder is confirmed: Will you prosecute those who took part in that torture?

See GOP Delaying Holder Confirmation Over Torture…

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Major gay organization rallies behind Attorney General nominee Holder

As the Senate considers his confirmation, the nation’s largest LGBT civil rights organization has put its voice behind Eric Holder Jr. as the nation’s next Attorney General.

“As a community that is particularly vulnerable to bias-motivated violence,” Human Rights Campaign President Joe Solmonese wrote to the Senate on Tuesday, “the LGBT community supports the appointment of an Attorney General who is committed to combating this national problem.”

See Major gay organization rallies behind Attorney General nominee Holder
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