Judge Declines to Stay Law on Gay Marriage
A Superior Court judge decided yesterday not to delay enactment of a law stipulating that the D.C. government will recognize same-sex marriages performed in other jurisdictions.
Judge Judith E. Retchin ruled that she would not a grant a stay preventing the law from taking effect Monday, as requested by opponents. However, the effective date is likely to be delayed by the need for congressional approval. Attorneys for the group said they needed more time to research and argue their position before the law takes effect.
Opponents, led by Bishop Harry Jackson of Hope Christian Church in Beltsville, and seven other D.C. voters want a referendum on the issue, but the D.C. elections board said that would be illegal under the District’s Human Rights Act.
Although Retchin decided against delaying the law’s enactment, she said opponents could seek to amend the law after the marriage provision takes effect.
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New Study Says Obama Can Halt Gay Discharges With Executive Order
Military Law Experts Chart Course to End 16-Year Ban
SANTA BARBARA, Calif. — A study released today by a team of military law experts shows that the president has the legal authority to end gay discharges with a single order. The idea of ending the ban by executive order has gained momentum in the wake of news that mission-critical personnel, including Arabic language speaker Dan Choi, continue to be fired under the Obama administration because they’re gay. Congressman Rush Holt endorsed an executive order to end the ban on Saturday and National Security Adviser James Jones was asked about it by George Stephanopoulos on Sunday morning. The report, “How to End Don’t Ask, Don’t Tell: A Roadmap of Political, Legal, Regulatory, and Organizational Steps to Equal Treatment,” is sponsored by the Palm Center at the University of California, Santa Barbara.
Many have argued that only Congress can lift the ban on service by openly gay troops. But according to the study, Congressional approval is not needed. Dr. Aaron Belkin, Director of the Palm Center and a study co-author, said “The administration does not want to move forward on this issue because of conservative opposition from both parties in Congress, and Congress does not want to move forward without a signal from the White House. This study provides a recipe for breaking through the political deadlock, as well as a roadmap for military leaders once the civilians give the green light.”
There are three legal bases to the president’s authority, the report says. First, Congress has already granted to the Commander in Chief the statutory authority to halt military separations under 10 U.S.C. 12305, a law which Congress titled, “Authority of President to suspend certain laws relating to promotion, retirement, and separation.” Under the law, the President may suspend any provision of law relating to promotion, retirement, or separation applicable to any member of the armed forces who the President determines is essential to the national security of the United States during a “period of national emergency.” The statute specifically defines a “national emergency” as a time when “members of a reserve component are serving involuntarily on active duty.”
The second and third bases of presidential authority are contained within the “don’t ask, don’t tell” legislation itself. The law grants to the Defense Department authority to determine the process by which discharges will be carried out, saying they will proceed “under regulations prescribed by the Secretary of Defense, in accordance with procedures set forth in such regulation.” Finally, the law calls for the discharge of service members if a finding of homosexuality is made, but it does not require that such a finding ever be made. According to the study, these provisions mean that the Pentagon, not Congress, has the “authority to devise and implement the procedures under which those findings may be made.”
Diane H. Mazur, Professor of Law at the University of Florida College of Law and another study co-author, said the presidential authority to stop firing gay troops, known as “stop-loss,” is different from the highly unpopular stop-loss policy that the Army recently announced it would phase out. “That use of stop-loss forcibly extends service by those who wish to leave the military,” she said, “whereas suspending discharges for homosexuality would do the opposite: allow ongoing service by those who wish to remain in uniform.” The study says the provisions of the stop-loss law, which are granted by Congress, are “sensible because they give the President authority to suspend laws relating to separation when a national emergency has strained personnel requirements.”
The other four authors of the study in addition to Mazur and Belkin are Dr. Nathaniel Frank, a Palm researcher and author of “Unfriendly Fire: How the Gay Ban Undermines the Military and Weakens America”; Dr. Gregory M. Herek, Professor of Psychology at the University of California, Davis; Dr. Elizabeth L. Hillman, Professor of Law at the University of California Hastings College of the Law; and Bridget J. Wilson, who practices law at Rosenstein Wilson & Dean in San Diego. The report will also be published in a forthcoming book, “Department of Defense Social Policy Perspectives 2010,” edited by James Parco, David Levy and Fred Blass.
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 * Tags = gay men gay news lesbian news transgender bisexual
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Original source : http://gay_blog.blogspot.com/2009/05/new-study-say…
Baldwin Calls On Clinton For Gay Rights
Openly lesbian Congresswoman Tammy Baldwin is calling on Secretary of State Hillary Clinton’s promise to promote gay and lesbian rights.
Clinton has long advocated for equal rights for gays, but as First Lady and New York Senator she was not in a position to dictate change. Now, as she assumes the mantle of Secretary of State, Clinton is being asked to follow through on her pledge.
In a stirring speech – longer than most – at the DNC convention, Clinton once again included a call for equality. “I ran for president to renew the promise of America. … To rebuild the middle class … To promote a clean energy economy … To create a health care system that is universal, high quality, and affordable … To create a world class education system … To fight for an America defined by deep and meaningful equality – from civil rights to labor rights, from women’s rights to gay rights … Most of all, I ran to stand up for all those who have been invisible to their government for eight long years.”
The six-time Congresswoman from Wisconsin asked Clinton to fix inequities for gay and lesbian employees at the State Department. In a letter dated Feb. 2, Baldwin, joined by Senators Russ Feingold (D-WI) and Ron Wyden (D-OR) and Florida Republican Representative Ileana Ros-Lehtinen, asked for policy changes that would not require Congressional approval.
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