Florida Gov. Charlie Crist gives different answers on gay adoption
As a part of his statewide tour for “Explore Adoption Day,” Crist spoke to a crowded courtroom at the Duval County Courthouse about the increase in adoptions throughout the state.
Crist and other adoption advocates talked about the need for even more adoption, especially for older children who have a difficult time making it out of the system.
When he was running for governor in 2006, Crist told The St. Petersburg Times, “My position is the traditional family is the best to adopt.” He reaffirmed that statement on Wednesday in Jacksonville.
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Florida Times-Union -
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Federal Judge Stresses Trial Record on Calif. Gay-Marriage Ban
Whatever Chief U.S. District Judge Vaughn Walker winds up deciding on Proposition 8, it’s clear he wants an airtight trial record to support it.
Holding his first hearing Thursday on the controversial measure that outlawed same-sex marriage, Walker repeatedly stressed the importance of establishing a record that will stand the test of time.
He told a packed courtroom that he was “reasonably sure” that the challenge launched by two high-profile litigators is “only touching down in this court” and merely a “prelude” for things to come.
“How we do things here,” Walker said, “is more important than what we do.”
He noted that other courts have rendered decisions on same-sex marriage without holding full trials, which he suggested was a “problem.”
Perry v. Schwarzenegger, 09-CV-2292, was filed in May by Theodore Olson, who represented George W. Bush in the landmark Bush v. Gore case, and David Boies, who represented Al Gore. Boies wasn’t present on Thursday. The suit attacks Prop 8 on equal protection and due process grounds.
Walker had already issued a tentative order allowing Prop 8 proponents to intervene and denying a preliminary injunction (pdf). He stood by both orders during Thursday’s 50-minute session.
Olson, a partner in Gibson, Dunn & Crutcher’s Washington, D.C., office who has argued before the U.S. Supreme Court 55 times, nonetheless made a fleeting attempt to persuade Walker to change his mind on the injunction.
“Every day that Prop 8 is enforced perpetuates a tragic injustice” on gays and lesbians, he argued, saying it “brands” them as “second-class citizens, unworthy and different.”
“The Supreme Court,” Olson argued, “has held again and again and again that the right to marry is the most important relationship in life.”
Representing the Prop 8 proponents, Washington attorney Charles Cooper, who was a top Justice Department lawyer during the Reagan administration, warned that the lawsuit could “sweep away” not only Prop 8, but the definition of marriage in 43 states and the federal government.
The Cooper & Kirk partner also argued that marriage has by tradition always been the union of a man and a woman, and said that every Supreme Court case that describes marriage has noted that its central purpose is procreation.
See Federal Judge Stresses Trial Record on Calif. Gay-Marriage Ban Above the Law
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Gay Filipino professor wins political asylum after revealing a 30-year secret of sexual abuse
After his visitor’s visa expired in 2006, Philip Belarmino, an English professor from the Philippines, consulted a San Francisco attorney. He wanted to see if he could stay longer to be with his parents and sister who are permanent residents in the Bay Area. That bureaucratic immigration path led instead to revelation of a stunning personal secret, recounted during an emotional testimony in an immigration courtroom in San Francisco last month: When he was 9, 11 and 16, Belarmino said he was repeatedly sexually assaulted by other boys. Recounting the abuse, said the 43-year Bay Area resident, was “like forever. It was like re-entering a harrowing, hellish experience.” He feared a forced return to the Philippines, “of being hurled back in the world of cruelty.” That wrenching testimony convinced Judge Loreto Geisse to grant Belarmino political asylum in the United States, ending for now the government’s effort to deport him. The Department of Justice, which has until June 22 to appeal, could not be reached for comment Monday. Political asylum in the United States for gays and lesbians who fear persecution if returned to their home countries is not new and no one knows how many such cases are granted each year. Immigration Equality, a New York City group that advocates for gay and lesbian immigrant rights, won 55 similar cases last year.
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Gays under threat in Senegal
DAKAR, Senegal — A mob gathered near a mosque outside Dakar. They were there to hunt down and kill nine men accused of homosexual acts.
Earlier this week the nine Senegalese AIDS activists were freed from eight-year-prison terms for alleged homosexual acts, but they went into hiding because of death threats from Muslim religious leaders and the general population.
“The homosexuals will not escape lynching. They will be fish food,” Dakar newspaper L’Observeur quoted a local youth leader as saying.
“Gay men will never be free in Senegal. They expose us all to danger,” said Imam Mbaye Niang, a prominent religious leader and member of parliament. “The judges should understand that Senegalese people need to protect their children, their families from homosexuality.”
In Senegal — where 95 percent of the population is Muslim — homosexual acts are punishable by fines and up to five years in prison. In January, the nine men received the harshest sentence yet for such an offense in Senegal, getting the maximum of five years and an additional three for criminal conspiracy.
Though widely supported in Senegal, the conviction was condemned by international human rights groups and foreign governments, most notably France.
“They were judged and condemned very severely, surely on the basis of public outcry, therefore the justice was neither objective nor founded in law,” said lead defense attorney Barim Sassoum Sy, who called the initial ruling hasty and emotional.
A Dakar appeals court overturned that decision Monday, citing violations of legal protocol.
Acting on an anonymous tip, police had arrested the men — most of whom do HIV prevention work in the “men having sex with men” community — in December at the home of a prominent gay activist. But the police did not have a search warrant, nor did they catch the men in the act, which is required by the Senegalese law prohibiting “indecent acts against nature.” The judge hearing the appeal therefore declared their convictions null and void, Sy said.
Yet even as smiling attorneys and supporters celebrated in the packed courtroom Monday and exchanged congratulations, plans were already in place to get the freed men into hiding outside Dakar.
“The first judge sentenced them to eight years,” said Imam Niang. “He had the courage to say it. The judge that let them go was much less courageous. He yielded to international pressure.”
See
Gays under threat in Senegal
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Case Against Prop 8 — Oral Argument and Telephone Briefing Today!
Today another historic argument will be made before the state Supreme Court in California to protect the constitutional guarantee of equal protection for all and to fight to restore marriage equality. Lambda Legal, NCLR, the ACLU and others have been working for months to prepare for today’s oral argument in our historic case against Prop 8. And now you can be among the first to know what happened in the courtroom. By making a gift to Lambda Legal, you can join our members–only telephone briefing immediately following the argument.
At 3 pm PST (6 pm EST), Lambda Legal’s National Marriage Project Director Jenny Pizer and our Legal Director Jon Davidson will discuss the latest developments in the Strauss v. Horton case. If you’re interested in watching the argument, we have learned that it will be aired on California’s Public Access TV and streamed online. (High traffic at the site may impair viewing.)
Upholding the California Constitution’s promise to protect the rights of minorities is important for all Americans. In January, hundreds of religious organizations, civil rights groups and labor unions, and dozens of California municipal governments, bar associations and leading legal scholars agreed that the rights of all vulnerable minorities are at stake as they collectively urged the California Supreme Court to strike down Prop 8. The California Attorney General has also argued that Prop 8 is invalid.
Be in the know, every step of the way. With your support, we are making history. Take this final opportunity to join Lambda Legal and receive instructions on how to sign up for today’s conference call. Join us as we discuss the justices’ questions and what may come next in this fight to uphold the constitution and our equal freedom to marry in California!
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California Ban on Same-Sex Marriage Has Its Day in Court
SAN FRANCISCO — Under intense pressure from both sides in the debate over same-sex marriage, the California Supreme Court will hear arguments Thursday on the ballot initiative passed by voters last November that outlawed such unions.
For opponents of the measure, Proposition 8, the three-hour hearing is a critical legal test. But it is also, they say, a prime moment to rally their forces and demonstrate resilience after a stinging election loss that many among them believe could have been avoided.
“It’s a need for the community to show that we will not be passive participants to our own struggle,” said Kate Kendell, executive director of the National Center for Lesbian Rights. “I think it goes to the heart of what we’ve seen since Nov. 5, and what we’ve come to appreciate as the critical importance of everyone stepping up and stepping out.”
To that end, Thursday’s hearing is being treated by some activists as a combination of Election Night and Super Bowl. In San Francisco, for example, Proposition 8 opponents have erected a Jumbotron screen in front of the courthouse for spectators unable to squeeze into the courtroom.
“This is our lives on the line,” said Molly McKay, media director of the volunteer group Marriage Equality USA. “We don’t want them to have to worry about getting in.”
See California Ban on Same-Sex Marriage Has Its Day in Court
New York Times
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California Supreme Court to discuss Proposition 8 in televised session Los Angeles Times -
The California Supreme Court may reveal Thursday whether it intends to uphold Proposition 8, and if so, whether an estimated 18,000 same-sex marriages will remain valid, during a high-stakes televised session that has sparked plans for demonstrations around the state.
By now, the court already has drafted a decision on the case, with an author and at least three other justices willing to sign it. Oral arguments sometimes results in changes to the draft ruling, but rarely do they change the majority position. The ruling is due in 90 days.
Most legal analysts expect that the court will garner enough votes to uphold existing marriages but not enough to overturn Proposition 8. The dissenters in May’s 4-3 marriage ruling said the decision should be left to the voters.
One conservative constitutional scholar has said that the court could both affirm its historic May 15 ruling giving gays equality and uphold Proposition 8 by requiring the state to use a term other than “marriage” and apply it to all couples, gay and straight.
“The alternatives are for the court to accept Proposition 8 and authorize the people to rewrite the Constitution in a way that undermines a basic principle of equality,” said Pepperdine law professor Douglas Kmiec. If the court overturns Proposition 8, “that is the short course toward impeachment.”
The court is under intense pressure. Opponents of gay marriage have threatened to mount a campaign to boot justices who vote to overturn the initiative. The last time voters ousted state high court justices was in 1986, when then-Chief Justice Rose Bird and two colleagues lost a retention election.
On the other side, the Legislature has passed two resolutions opposing Proposition 8, and demonstrations and vigils are being planned statewide to urge the court to throw out the measure.
Thousands are expected to descend Thursday on the San Francisco Civic Center to watch the hearing live on a giant outdoor screen, just steps from the courtroom where the justices will be prodding lawyers in a jammed courtroom. SeeCalifornia Supreme Court to discuss Proposition 8 in televised session
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Gay marriage on trial
California’s long, tortuous war over same-sex marriage enters its next phase on Thursday, when the state Supreme Court hears oral arguments on three lawsuits challenging Proposition 8, the controversial constitutional amendment that bans gay marriage.
The easy way to think about these cases — and the way most non-lawyers are likely to do it — is to decide which side of the issue you’re on and root for that side to win. In other words, if you support marriage between same-sex couples, you’ll want the cases to succeed so that Proposition 8 will be overturned. If you believe men and women should only be allowed to marry each other, you’ll hope the lawsuits fail.
That’s fine. It’s outcome-based. But frankly, it has very little to do with what the Supreme Court is going to consider in the oral arguments.
Instead, the argument in the courtroom will be broader and more abstract. Who makes law in a democracy? What should we do when laws contradict one another? Who is the ultimate sovereign in the state of California — the people at the polls or their written Constitution or their appointed judges or their elected legislators? Can fundamental constitutional rights — inalienable rights — be withdrawn from one group but not another?
These are big, thorny questions with implications that go well beyond whether gays are allowed to marry. What follows is a cheater’s guide to the issues at hand.
Remind us: How did we get here?
The battle over same-sex marriage sometimes seems endless. Gay couples have been trying to get married in California since the late 1970s, and their opponents have been working just as hard since then to ensure that it does not happen.
Here are some highlights @ Gay marriage on trial
Los Angeles Times - CA,USA
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Trial Begins For Men Accused Of Killing Gay Man In Florida
On dirt road that leads to Wahneta, Florida a driver made the ghastly discovery of a bloody body stabbed to death sitting on the side of the road. The date was Wednesday, March 14, 2007 at about 1:20AM.
That dead man was Ryan Keith Skipper, 25, a gay man. The trials of his accused murders – William David Brown Jr., 22, and Joseph Bearden, 23 – begin today, after several delays, as lawyers begin selecting a jury in a Polk County courtroom, reports The Ledger.
The pair were arrested soon after Skipper’s body was found and have remained in custody over the past two years.
Details of what happened between the three men remain sketchy. Family and friends hope the trial will shed light on Skipper’s final hours.
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Gay parade case’s jury facing key question
SAN DIEGO COURTS — The sexual harassment case brought by four San Diego firefighters against the city should be in the jury’s hands Wednesday, when a dozen men and women likely will struggle to answer a central question:
Did the four firefighters, who were ordered to drive a city fire engine in the 2007 gay pride parade, encounter pervasive or severe harassment from parade spectators and participants?
Each firefighter has taken the stand, and after nearly two weeks of courtroom testimony, two theories have emerged.
City attorneys suggested that the men are homophobic and painted them as money-hungry opportunists who were uncomfortable but not victims of sexual harassment. The defense also said most of the firefighters’problems stemmed from taking their case to the news media and filing the lawsuit.
The firefighters said that not only were they victimized during the parade, they also suffered headaches, anxiety, anger and other stress-related issues because of what they heard and saw: catcalls, insults, simulated sex acts, public nudity, and men touching themselves and each other.
All four firefighters are married, and three have children. They have more than 45 years of combined experience with the San Diego Fire-Rescue Department.
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