Poll: California residents support gay marriage

The latest Los Angeles Times/USC [1] poll found more evidence that the majority of Californians support same-sex couples’ right to marry.

The poll found 53 percent of the state’s residents support same-sex marriage, while 40 percent oppose it.

[2]

The results are similar to previous polls. The poll cited divisions along party lines, with Democrats and liberals supporting marriage equality and Republicans and conservatives opposed.

In addition, age appeared to be a factor – most voters younger than 30 voiced support; those older than 64 were opposed to marriage equality.

Does mean this that Proposition 8 would be rejected if voted on now? Not exactly. Older voters are more likely to turn out on Election Day than younger voters, a problem gay rights advocates must contend with.

[1] http://latimesblogs.latimes.com/lanow/2010/04/majority-in-california-support-gay-marriage-times-usc-poll-finds.html
[2] http://www.365gay.com/wp-content/uploads/news-tuxedo-boys-top.jpg

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Maine voters to pass judgment on gay marriage

(Portland, Maine) Gay marriage has lost in every single state in which it has been put to a popular vote. Come Election Day, gay-rights supporters are hoping to make Maine the exception.

In a referendum that is being closely watched around the country and has drawn millions in out-of-state dollars, Maine …

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Maine campaign heats up

With the prospect of a November referendum on same-sex marriage in Maine all but certain, pro-equality advocates are gearing up for a bruising battle to preserve the state’s marriage equality bill, signed by Gov. John Baldacci in May. Since January, Maine Freedom to Marry has been ramping up a vast field campaign to identify pro-equality voters. Without a presidential or gubernatorial race to bring voters out, Maine Freedom to Marry campaign manager Jesse Connolly said grassroots fieldwork is essential to finding voters who support marriage equality and to turning them out at the polls on Election Day.

“This campaign is really about having one-on-one conversations with Maine voters. … We’re raising money, we’re building a campaign, but we’re really excited about this great work the field effort has been doing,” said Connolly.

Yet campaign finance reports suggest that pro-equality advocates may face an uphill battle. Thus far, anti-gay activists have outpaced pro-equality advocates in fundraising. Much of that money has come from the national religious right organizations that backed the successful campaign to pass California’s Proposition 8 last year. See Maine campaign heats up

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Attorneys Urge California Supreme Court To Invalidate Prop 8

Case Raises Important Legal Issues Affecting All Minority Groups

(San Francisco, CA, March 5, 2009) Attorneys for same-sex couples, civil rights organizations and the state Attorney General’s office appeared before the California Supreme Court today to urge the court to strike down Proposition 8, which took away the right of same-sex couples the right to marry. At issue in the case is whether the ballot initiative process can be used to take away a fundamental right only for one group of Californians based on a trait – in this case sexual orientation – that has no relevance to the group’s ability to participate in or contribute to society. Because the case has serious implications for the constitutional rights of all Californians, it has generated unprecedented support from many national and state civil rights groups as well as California legislators, local governments, bar associations, business interests, labor unions, and religious groups. The California Supreme Court, which has struck down several other initiatives in the past, is expected to issue a decision within 90 days.

“Proposition 8 jeopardizes not just the right of same-sex couples to marry, but the rights of all Californians to be treated as free and equal citizens of this state,” said Shannon P. Minter, Legal Director of the National Center for Lesbian Rights (NCLR), who argued the case before the Court. “Our Constitution is based on the principle that majorities must respect minority rights. But if a majority can change the Constitution to take away a fundamental right from one group, then it can take away fundamental rights from any group. Our government will have changed from one that respects minority rights to one in which the power of the majority is unlimited.”

NCLR, Lambda Legal, and the ACLU filed the legal challenge on November 5, after Proposition 8 was approved by just 52 percent of the voters on Election Day. In court today, the groups argued that it was improper for the proponents of Proposition 8 to use the ballot initiative process to strip same-sex couples of the fundamental right to marry. The groups contend that changes to the Constitution that alter its core requirement of equal protection by selectively depriving minorities of fundamental constitutional rights cannot be accomplished through a simple majority vote. Such major changes of core structural principles are revisions to the Constitution that can only be put on the ballot by a two-thirds vote of both houses of the legislature.

“It is simply wrong—legally and socially—to short-circuit the California Constitution and its equal protection guarantees,” said Jennifer C. Pizer, Marriage Project Director for Lambda Legal and co-counsel in the legal challenge to Proposition 8. “Proposition 8 is no ‘garden variety’ amendment that changes a tax or zoning or safety rule in a way that affects everyone equally. This is a radical attempt to strip a cherished constitutional right from just one targeted minority group and then to stop the courts from doing their most basic job of upholding the constitutional promise of ‘liberty and justice for all’.”

The case before the court is unprecedented because no other initiative-amendment has successfully taken away a fundamental right only for a particular minority. Because Proposition 8 would, for the first time, change the Constitution in a way that strips a minority group of its constitutional right to equal treatment under the law, California Attorney General Jerry Brown agrees that Proposition 8 should be struck down. The Attorney General’s office argued that the right to marry is an “inalienable right” that can not be selectively eliminated from one group without compelling reasons.
“The Court has a solemn responsibility to enforce our state constitution and to protect the rights of all people, regardless of popular opinion,” said Elizabeth Gill, a staff attorney with the ACLU of Northern California. “This case isn’t just about marriage, and it’s certainly not just about gay and lesbian couples. If the Court strikes down Proposition 8, it will be protecting the civil rights of all Californians.”

An unprecedented 43 friend-of-the-court briefs, representing hundreds of religious organizations, civil rights groups, and labor unions, and numerous California municipal governments, bar associations, and leading legal scholars, were filed in the case, urging the court to strike down the initiative. Because the issues at stake have such important implications for other minority groups, Raymond Marshall of Bingham McCutchen, who represents the Asian Pacific American Legal Center, the California State Conference of the NAACP, the Equal Justice Society, the Mexican American Legal Defense and Educational Fund, and the NAACP Legal Defense and Educational Fund, asked and was given permission to appear in court today. He argued that allowing Proposition 8 to stand could be detrimental to other minority groups who could easily become the targets of initiative campaigns seeking to take away their rights.

“Our state Constitution was created to ensure equal treatment under the law for every Californian,” said Geoff Kors, Executive Director of Equality California. “Prop 8 changes that fact by taking away a fundamental freedom from one particular group and mandating government discrimination against a minority. We hope the court upholds the Constitution’s promise of equality.”

The National Center for Lesbian Rights, Lambda Legal, and the ACLU are representing Equality California, whose members include many same-sex couples who married between June 16 and November 4, 2008, and six same-sex couples who want to marry in California. The arguments today also included two other challenges filed on the same day: one filed by the City and County of San Francisco (joined by Santa Clara County and the City of Los Angeles, and subsequently by Los Angeles County and other local governments); and another filed by a private attorney.

Serving as co-counsel on the case with NCLR, Lambda Legal, and the ACLU are the Law Office of David C. Codell, Munger, Tolles & Olson LLP, and Orrick, Herrington & Sutcliffe LLP.

The case is Strauss et al. v. Horton et al. (#S168047). For more information, go to: http://www.courtinfo.ca.gov/courts/supreme/highprofile/prop8.htm
The California Supreme Court must issue its decisions within 90 days of oral argument.
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Out official makes history by running campaign through Facebook

Nick Shalosky, 21, a member of the Charleston County District 20 Constituent School Board and the first out elected official in South Carolina, details how he used social network Facebook to run his winning, write-in campaign. “Facebook provided me with an avenue to quickly organize after jumping into the race with only two weeks before Election Day,” he writes. “Such rapid mobilization might not have been possible only two years ago. But, with a Facebook page and a knowledge of online organizing, I secured my winning margin without spending a penny.” The Bilerico Project

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Gay skiers want to return to Park City

A group of gay skiers plan to resume their trips to Park City in 2010, saying the ill will between gays and Utah stemming from California’s gay-marriage ballot measure will likely have subsided by next year.

Next year’s Utah Gay & Lesbian Ski Week is tentatively scheduled Jan. 6-10. An Internet site indicates the skiers plan to visit each of the three local resorts, hold cocktail and social hours and have a party. A dinner is scheduled at the Wasatch Brew Pub.

The 2010 event is scheduled one year after organizers were forced to cancel this year’s annual visit.

They said few gay skiers signed up for the 2009 trip because they were unhappy with the role The Church of Jesus Christ of Latter-day Saints played in the passage of Proposition 8, the California ballot measure. After Election Day, gays and their supporters called for a boycott of Utah. This year’s trip would have been the ninth consecutive year visiting Park City.

One of the organizers, John Harriott, a bisexual who lives in West Hollywood, Calif., said there remains a possibility of the 2010 event being canceled. He said, though, there is a three-in-four chance that it will be held. A decision will not be finalized until early December.

Much depends on the political climate by early 2010, he said. Similar boycotts typically do not last longer than a year, he said.

“I have a feeling this will be a lot of water under the bridge,” he said, adding, “I have a feeling Prop. 8 will be a distant memory by next year.”

California courts are expected to consider the validity of the ballot measure in 2009, likely shifting some of the emotions from Utah to the state where Proposition 8 passed.

 See Gay skiers want to return to Park City
Park Record, UT

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Gay marriage likely to return to Mane Legislature in 209

Supporters and opponents of gay marriage are gathering signatures, lobbying lawmakers and drafting legislation in anticipation of a Statehouse battle over the issue in 2009.

In recent weeks, the politically charged issue has been heating up in Maine ahead of the new legislative session, which begins in early January. Coalitions of religious leaders on both sides have held press conferences advocating laws that would either make it legal for same-sex couples to wed or constitutionally prohibit the practice.

The advocacy group Equality Maine is ramping up its game, after three years of a low-key public education campaign to highlight gay and lesbian issues. And in opposition, a new group, the Maine Marriage Alliance, is pushing for an amendment to the state constitution that would define marriage as being between a man and a woman.

“Efforts are pretty clearly under way to simply redefine marriage in the state,” said the Rev. Bob Emrich, pastor of Emmanuel Bible Baptist Church in Plymouth and a founder of the alliance. “Let’s put that issue to rest. We want to define marriage, put it in the current constitution so we don’t have to wonder if the court or Legislature will overturn it.”

Equality Maine has been talking with various groups around the state since 2005, when voters upheld a gay rights law passed by the Legislature, according to executive director Betsy Smith. On Election Day, Equality Maine had 350 volunteers at 86 polling places, asking residents to sign postcards supporting same-sex marriage that would be sent to legislators. The goal was 10,000 signatures, and they collected 33,190, said Smith.

“There is clearly a lot of support for us winning marriage in Maine. There’s a lot of momentum, there’s a lot of enthusiasm. We’re really getting a lay of the land,” she said. “We’d be very excited to go forward with a bill.”

 See Gay marriage likely to return
Kennebec Journal, ME 

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Gay band to march in Presidential inauguration parade

Gays and lesbians — at least some of them — plan to refrain from working and shopping today as an expression of their dismay over Proposition 8, the Nov. 4 measure that banned same-sex marriage, and as a showing of both their economic clout and their place within the larger community. If organizers carry it off, this is exactly the kind of tactic that can make a difference, though its impact might have been bigger before election day.

For all the complaints (mainly coming from the Yes-on-8 campaign), boycotts against corporations or organizations are a time-honored method of expressing opinions and pushing for social or political change. But in the superheated Proposition 8 debate, this venerable tactic has occasionally been used in ugly ways. 

It started when the directors of the Yes-on-8 campaign sent letters to various companies that had donated to the opposition camp. The missives warned donors to pay an equal amount to the “Yes” side or risk being publicly outed as opponents of “traditional marriage” (the implication being that they would then face a boycott). The tactic looked and quacked a lot like extortion. It’s one thing to boycott, or threaten it; a demand for hush money goes over the line.

Since then, postelection boycott efforts by the other side — defenders of same-sex marriage — have expanded into a vengeful campaign against individuals who donated to the gay-marriage ban, usually in the form of pressure on their employers. At least two people have resigned from their jobs and a third is considering it, including the artistic director of a stage company in Sacramento and a manager at an L.A. eatery. 

 See Gay band to march in Presidential inauguration parade
PinkNews.co.uk, UK

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The Fight Over Gay Adoption Heats Up

Gay rights supporters scored another major victory in court Tuesday, when a state judge in Miami tossed out a statute that had for more than 30 years barred gay people in Florida from adopting children. The decision came after a week packed full of dueling expert testimony over whether any evidence supports the state’s contention that children are put at risk when raised by gay parents. The answer, said Miami-Dade Circuit Judge Cindy S. Lederman, is not at all: “The Department’s position is that homosexuality is immoral. Yet, homosexuals may be lawful foster parents in Florida and care for our most fragile children who have been abused, neglected and abandoned. As such, the exclusion forbidding homosexuals to adopt children does not further the public morality interest it seeks to combat.”

Yet, despite the good news for gays contained in the ruling, the decision is hardly the last word on the issue. The state has vowed to appeal, and the issue is likely to end up before the Florida Supreme Court, which upheld the ban once before in 1995. On the federal level, the U.S. Supreme Court has already let stand lower court rulings that upheld Florida’s law, the nation’s strictest ban on gay adoption. (See a video on the backlash against gay marriage in Florida.)

Meanwhile, conservative activists across the country are working hard to make sure that no court, at any level, has the final word on gay adoption. Like gay marriage before it, conservatives are looking at the issue of who can raise children as one best decided at the ballot box, not in the courthouse. Those efforts received a boost on election day in Arkansas, where voters easily passed a law that restricts any unmarried couple living together from adopting children. Arkansas joined Florida, Nebraska, Utah and Mississippi as the only states with laws that either directly or indirectly ban adoption by gays.

  See The Fight Over Gay Adoption Heats Up
TIME 

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Alaska’s new senator sees change at work

ANCHORAGE — To get elected in Alaska to the United States Senate as a Democrat sometimes requires not acting like one. Talk up drilling for oil in wildlife refuges. Talk up gun rights. Insist that those liberals who control Congress will never push you around.

And when your Republican rival is convicted in federal court shortly before Election Day, do not gloat. He is, after all, Senator Ted Stevens, once decreed by the State Legislature as Alaskan of the Century.

Of course, that was last century.

Mayor Mark Begich of Anchorage is the Democrat who last month pulled off what once seemed unimaginable, becoming only the second Democrat from Alaska to win a seat in Washington since his father was a member of the House of Representatives nearly four decades ago.

Mr. Begich’s seat in the Senate has been occupied by Mr. Stevens since Mr. Begich was 6 years old and the state of Alaska was just 9. But Mr. Begich, 46, suggests there is something larger at work in his victory than just good timing in taking on a suddenly vulnerable Mr. Stevens, who was convicted in October of failing to disclose gifts and home renovations he received from a wealthy oil services industry executive.

“We’re a much more mature state in many ways,” Mr. Begich told reporters a day after he declared victory.

 See Alaska’s new senator sees change at work
New York Times

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