History Is on My Side, Says Calif. Justice Who Voted Against Gay-Marriage Ban
Carlos Moreno stood alone in May when he dissented from the decision upholding Proposition 8. But the California Supreme Court justice says history will prove him right — that denying gays and lesbians the right to marry is illegal discrimination.
“Someday at some point my dissent will be the majority view in California,” he said during an interview in his San Francisco chambers late Wednesday. “I think that’s where the law is headed.”
“Equal protection is either equal or it’s not,” he added. “It’s not the kind of thing you can chip away at.”
Moreno, one of four justices to back same-sex marriage last year and the sole vote against Prop 8 this year, took time to talk to The Recorder about his votes, his brief moment on the Obama administration’s short list for the nation’s highest court, and U.S. Supreme Court nominee Sonia Sotomayor’s controversial “wise Latina” comment.
Moreno’s dissent in Strauss v. Horton, 46 Cal.4th 364, came at a touchy time for him. He had been contacted by the Obama administration a week earlier as a possible replacement for retiring U.S. Supreme Court Justice David Souter. Since President Obama has officially stated his opposition to same-sex marriage, it could be assumed Moreno’s position on marriage and Prop 8 might be troublesome.
But, Moreno said, Obama’s vetters didn’t ask him how his Prop 8 vote — which wasn’t yet public — would go.
“They just asked if there were any high-profile cases — past or present, including on the trial court — that would be the kind of case that would draw attention.”
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Gay incident reopens Salt Lake City’s Main Street plaza wounds
It’s the wound that won’t heal. The rift that won’t close. And earlier this month, two gay lovers’ purportedly innocuous late-night kiss — though LDS Church officials insist it was far more amorous than that — ripped it wide open. Utah’s simmering religious divide boiled over — once again — at the geographical and philosophical intersection of church and state: the Main Street Plaza in downtown Salt Lake City. “It is a scab that will continue to be peeled away — and may never heal,” says Dani Eyer, the former ACLU director who fought to preserve First Amendment rights on the plaza. Matt Aune and Derek Jones say they held hands, kissed and then squabbled with security guards on the LDS Church-owned square. Salt Lake City police issued a ticket for trespassing. In protest, supporters of the couple staged a “kiss-in” last Sunday outside the plaza and plan another such demonstration today. The LDS Church — a faith to which 60 percent of Utahns belong — defended its right to regulate “inappropriate behavior” on the plaza. “What we’re seeing now is a manifestation of what should have been obvious from the very beginning,” says former Salt Lake City Mayor Rocky Anderson. “This block of Main Street never should have been conveyed to the LDS Church. It was a recipe for ongoing resentments between the LDS Church and those who are not members.” The church bought the strip of Main — from North Temple to South Temple — in 1999 after then-Mayor Deedee Corradini and the City Council, with the only two non-LDS members dissenting, signed off on the $8.1 million deal. But the controversy burned for five more years as federal courts were asked to settle the prickly issue of whether the church could govern expression on the plaza and whether the city could retain a public right of way (as outlined in the original deal). “It was meant to be for everybody,” Eyer says. “Where people come and go their constitutional rights go with them.” After a 10th U.S. Circuit Court of Appeals ruling in 2002, First Amendment activities returned to the plaza. But demonstrations by anti-Mormon protesters — including cries of “whore” and “harlot” hurled at newlywed brides — “sustained divisions” that “reached to the point of hatred” between Mormons and non-Mormons, Anderson says. In the end, he agreed to trade the public easement for cash and LDS land to build a west-side community center.
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For Gay Iranian Refugees, a Matter of Life or Death
NOTE: This is the second of two parts, the first, on the election revolt, was on EDGE in June.
The international media clamor surrounding last month’s Iranian election, which saw the contentious re-election of Mahmoud Ahmadinejad result in weeks of protests, demonstrations and violence, may have died down, but the unstable atmosphere lives on for residents of the Islamic republic.
They continue to face major restrictions on free speech and threats to their safety if they choose to speak out. And they will not soon forget the street violence that resulted in the death, imprisonment and harassment of many protesters, activists and journalists–all part of the worst unrest the country has seen in thirty years.
This is particularly true for gay and lesbian Iranians, both those who remain inside the country and those who have escaped. They are familiar with oppressive treatment from their government, one which continues to outlaw homosexuality and crack down against any outward display of queerness. The first story (published here June 30, 2009,) examined the environment facing the Iranian queer community, particularly in light of the government’s attempts to silence any post-election voices of dissent.
Building from that story, we now take a look at the climate facing queer Iranians who have fled the country with the hopes of seeking asylum in the West. Forced, in many cases, to leave behind their families, friends and the culture of their blood, their dreams of living in freedom still face a number of challenges.
When gay Iranian refugees and asylum seekers leave, they are sent to live temporarily to a number of a different places, though most end up in small Turkish towns known as “satellite cities,” far from the larger cities like Ankara or Istanbul. They file a request to be granted official refugee status with the United Nations High Commissioner for Refugees (UNHCR), in order to legally move West, and then they wait. In many cases, that waiting period can last up to three years, a time during which employment is difficult to find and harassment is not unusual.
See For Gay Iranian Refugees, a Matter of Life or Death
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