Gay Rights Groups Seek to Intervene in Federal Challenge to Calif. Same-Sex Marriage Ban
Gay rights groups’ attempt to intervene in a federal challenge of California’s Proposition 8 has created a rift with the high-powered attorneys heading the case, turning erstwhile allies into head-butting competitors.
Both sides have diverging visions of legal strategy. The gay groups are pushing a cautious, narrow approach based on the circumstances of Prop 8, while Theodore Olson, David Boies and their backers are seeking a decisive victory for all gay couples under the U.S. Constitution.
The civil rights groups — the National Center for Lesbian Rights, Lambda Legal Defense and Education Fund and the American Civil Liberties Union — are also worried that the Olson/Boies team is underestimating the importance of U.S. District Chief Judge Vaughn Walker’s insistence on a fully developed factual record. They moved this month to intervene (pdf) so they can present evidence of historic discrimination against gays and lesbians and answer Walker’s questions, such as whether sexual orientation can be changed and whether same-sex marriages destabilize opposite-sex marriages.
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Above the Law
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Australian Gay parents welcomed. Just not for adoption
Katherine Eastaughffe and Una Harkin are lesbians.
They’re also mothers, to six-month-old Daniel, whom Katherine gave birth to after undergoing fertility treatment.
The Queensland Government has no problem with lesbians using IVF to have children.
Neither do they have a problem with taking on Katherine and Una as registered foster carers.
But they draw the line at gay adoption, meaning Una cannot be legally recognised as one of Daniel’s parents.
The Bligh Government’s refusal to consider same sex adoption is being used as part of a renewed push for federal laws preventing discrimination against gays and lesbians.
A Galaxy poll released today reveals 85% of Australians support the case for a national law on the issue.
Ms Eastaughffe told brisbanetimes.com.au the State Government’s Adoption Bill 2009, reintroduced to Parliament in April, was clearly discriminatory.
“It was a joint decision to have Daniel. He is very much both of ours,” Ms Eastaughffe said.
“If Una was a man, there’d be no issue either way. Either by having her name on the birth certificate or by being able to adopt him as a step-parent.
“It doesn’t make sense to me. A man might not be the biological father but he is still treated as the parent, but not if it’s a woman who’s the “non-biological parent”. That just seems outright discrimination.”
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Brisbane Times
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