New Delhi Lifts Colonial-Era Ban on Gay Sex
A top court in the Indian capital of New Delhi yesterday overturned a colonial-era law banning gay sex between consenting adults as the world’s biggest democracy struggles to balance tradition and modernity.
In a strongly worded statement, New Delhi’s High Court ruled that the 150-year-old statute prohibiting homosexual acts was discriminatory and therefore a “violation of fundamental rights.”
“It cannot be forgotten that discrimination is antithesis of equality and that it is the recognition of equality which will foster dignity of every individual,” the court said in a 105-page judgment.
Quoting India’s first prime minister, Jawaharlal Nehru, Justice A.P. Shah said: “Words are magic things often enough, even the magic of words sometimes cannot convey magic of human spirit and of a nation’s passion.”
The ruling applies only to New Delhi and to adults older than 18. But federal government ministers are also in the process of reviewing the law.
See New Delhi Lifts Colonial-Era Ban on Gay Sex
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Bride ban: Gay bar says ‘I don’t’ to bachelorettes
CHICAGO - Bar owner Geno Zaharakis sat one busy evening at the window of his gay nightclub, watching as groups of straight women celebrating bachelorette parties made their way along a strip of bars in Chicago’s gay-friendly “Boystown” neighborhood. That’s when he made a decision now posted for all to see: “No Bachelorette Parties.” Though the small sign has been there for years, it’s suddenly making a big statement amid the national debate over gay marriage. While most gay bars continue to welcome the raucous brides to be, Zaharakis’s bar Cocktail is fighting for what he sees as a fundamental right, and his patrons — along with some peeved bachelorettes — are taking notice. “I’m totally losing money because of it, but I don’t want the money,” Zaharakis said. “I would rather not have the money than host an event I didn’t believe in.”
See Bride ban: Gay bar says ‘I don’t’ to bachelorettes Chicago Tribune - United States
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Urgent Petition: Save Roodabeh and Ali, Iranian Homosexual Refugees
Roodabeh is a 30-year-old lesbian woman who left Iran in February 2008 to flee from the persecution that the regime of President Ahmadinejad reserves for homosexuals; persecution that foresees in many cases – according to a ruthless interpretation of Islamic law – prison sentences, torture and even death. Ali is a 29-year-old gay. He too was forced to leave Iran to escape the repression in January 2008. Once in Turkey, Roodabeh and Ali applied for asylum to the UN High Commissioner for Refugees (Ankara section) on the grounds of their sexual orientation.
EveryOne Group, Human Rights international organization, would point out that the right of asylum, as laid out in the Universal Declaration of Human Rights (art. 14) and finalized by the Geneva Convention, is one of the fundamental rights of human beings, and is recognised by civil countries to those fleeing from violence and persecution. Turkey signed the Geneva Convention and has saved many human lives by acknowledging their status as refugees and offering them humanitarian protection. However, Turkey’s present policies where the rights of refugees and asylum seekers are concerned, have recently become more restrictive. So much so that Amnesty International has recently brought to international attention the repeated violations of the Geneva Convention in the Republic of Turkey, as well as the episodes of abuse carried out by the police against refugees. Roodabeh and Ali live in fear of being repatriated as the Iranian authorities are aware of their flight and the reason they were forced to seek asylum. If they were to be deported, they would have little chance of being spared this persecution.
They live in a state of anguish (as well as discrimination, seeing they are both foreigners and homosexuals) knowing their lives are in danger. They survive only thanks to the commitment of individuals and human rights organizations, but their condition will deteriorate rapidly if their right to international protection is not urgently recognised.
This is why EveryOne Group, working alongside Iranian Queer Railroad (IRQR) and a network of human rights organizations, is promoting a campaign and appealing to the UN High Commission for Refugees to recognise their legitimate right to international protection and asylum.
EveryOne Group activists must point out that Roodabeh and Ali have been awaiting the decision of the High Commission for many months, without financial support, social assistance or programmes of insertion into the work force.
A petition has been submitted to ask international and Turkish authorities and institutions to grant immediate asylum status to the two Iranian homosexuals. You can sign it at http://www.gopetition.com/online/28514/sign.html
For further information:
EveryOne Group
http://www.everyonegroup.com :: info [at] everyonegroup.com
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LOS ANGELES: All Saints, Pasadena, clergy opt out of civil marriages until gay couples can legally wed
Clergy at All Saints Episcopal Church in Pasadena, California, are opting out of performing civil marriages until gay couples can legally wed–and are encouraging other clergy to do likewise, according to the Rev. Ed Bacon, rector.
“At the heart of Jesus’s moral vision and All Saints’ historic mission is respecting the dignity of every human being,” Bacon said in a June 3 press release announcing the decision, which is effective immediately.
“The California Supreme Court in its recent opinion has ruled that those of same-gender affections are second-class citizens,” Bacon added. “Denying fundamental rights to a certain classification of humanity is blatant discrimination with which our governing board, the other clergy of All Saints, and I will not participate. We invite other clergy and congregations to join us in this stand for marriage equality.”
Bacon referred to the May 26 state Supreme Court ruling that upheld the controversial Proposition 8, a constitutional amendment providing that “only marriage between a man and a woman is valid in California.” Their decision sparked nationwide rallies by both advocates and opponents of the measure.
The Rev. Susan Russell, an associate at the Pasadena congregation known for its social activism and progressive politics, said on June 4 that clergy are meeting with couples whose nuptials were already planned “to explain the new policy and hold pastoral conversations about the impact on them.
“We only do member weddings, so folks married here at All Saints typically share our values of inclusion and would be on board, we think, with making arrangements to have the civil part of their marriage take place external to All Saints clergy,” said Russell, who is president of Integrity USA, an advocacy group for gay, lesbian, bisexual and transgender Episcopalians.
But she added that: “We will continue to serve and marry them civilly if that’s what the couple prefers for whatever reason because that was the contract going in.”
All Saints vestry, at its June 2 meeting, had unanimously passed a resolution declaring that “the sacramental right of marriage is available to all couples, but that the clergy of All Saints Church will not sign civil marriage certificates so long as the right to marry is denied to same-sex couples.”
The vestry’s decision acknowledged “our active participation in the discriminatory system of civil marriage is inconsistent with Jesus’s call to strive for justice and peace among all people and respect the dignity of every human being.” The resolution states “civil marriage in the State of California is, as a result of Proposition 8 and the Court’s decision, a constitutionally-mandated instrument of discrimination, which furthers injustice and denies same-sex couples the fundamental dignities to which each human being is entitled,” Bacon said. Russell said there was little discussion in the vestry meeting. “It was just a no-brainer that of course we want to take steps that keep us from being complicit in state-sponsored discrimination.
“I keep thinking I couldn’t be prouder to work at All Saints church than I already am and then our leadership keeps taking steps that make me even prouder,” Russell said. “It was it is such a part of the DNA of All Saints Church to stand with those in need of solidarity. This stand is so deeply rooted in our baptismal covenant, it gives us such a strong theological place to stand. It feels like very firm foundation, indeed.”
The Rev. Neil Thomas of the Metropolitan Community Church (MCC) in Los Angeles, a petitioner in the Proposition 8 case, said the 40-year-old 500-member congregation likewise is observing a moratorium on signing civil weddings.
“We will not sign the paperwork” for civil marriages, said Thomas, whose ministry is primarily, but not exclusively, to the LGBT community. He is also the president of California Faith for Equality, a progressive interfaith movement of about 6,000 clergy, which submitted an amicus brief advocating that the California Supreme Court overturn Proposition 8.
– The Rev. Pat McCaughan is Episcopal Life Media correspondent for Provinces VII and VIII and the House of Bishops. She is based in Los Angeles.
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New Prop. 8 court challenge brings former legal rivals together
The California Supreme Court failed to protect gay couples’ fundamental right to marry when it upheld Proposition 8, forcing same-sex couples to appeal to the federal courts to remedy the injustice, two prominent lawyers said today in announcing a lawsuit on behalf of two gay couples.
Former U.S. Solicitor General Theodore Olson, a renowned conservative, and David Boies, who opposed Olson in Bush v. Gore in the 2000 fight over the presidential election, cast their collaborative effort to restore the right of gays to marry in California as a moral imperative to correct an injustice. Their suit seeks an immediate injunction on Prop. 8’s ban, thereby allowing same-sex marriages to resume while the case makes its way through the federal court system.
But Olson’s role in the gay rights mission prompted much speculation about his motives. The former Bush administration official, who lost his wife in the Sept. 11 terror attacks, conceded that the federal courts might not be ready to recognize sexual orientation as a class in need of protection from discrimination, but he said he hoped “that people don’t suspect my motives,” vowing to demonstrate his commitment to equal rights by winning the challenge.
Boies vouched for Olson as “committed in heart and soul to equality and committed in heart and soul to the Constitution.” See New Prop. 8 court challenge brings former legal rivals together Los Angeles Times * Tags = gay men gay news lesbian news transgender bisexual
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Signing of gay marriage law changes the game at schools
The gay marriage bill signed into law by Gov. Jodi Rell on Thursday eliminates an 18-year-old provision that prevents schools from portraying homosexuality as an acceptable lifestyle, but legislators said the new measure is much to do about nothing.
State Sen. Andrew McDonald, D-27, said the new bill does away with language that can be construed as demeaning to gays from a 1991 equal rights act and is not a demand for schools to promote homosexuality.
“It doesn’t require it to be taught and it doesn’t say it can’t be taught,” he said.
The bill– which legislators said is a compromise between gay marriage opponents and supporters– comes six months after the high court ruled 4-3 that same-sex couples have the right to wed in Connecticut, rather than accept a 2005 civil union law designed to give them the same rights as married couples.
“My position is that religious liberties, as a fundamental right and a First Amendment right, are so important that we need to address any concerns of any group,” said State Rep. Bruce Morris, D-140.
In an effort to appease some gay marriage foes, lawmakers amended the bill to show they want to protect religious liberties. For example, it says religious organizations and associations are not required to provide services, goods or facilities for same-sex wedding ceremonies.
Many groups feared that the bill would somehow force schools to teach about homosexuality in sex education courses and limit parental control over the matter.
Parents can already prevent their children from participating in a sexual education course, even if the course does not teach about homosexuality, McDonald said.
Connecticut’s education statutes allot parents the right to give their children written permission exempting them from “family life education programs,” courses which would likely include any lessons on homosexuality and gay marriage.
“Some of the religious organizations had an issue with the fact that a child wouldn’t have a choice but to sit and listen (to a lesson on homosexuality) in sex ed.,” said state Rep. Chris Perone, D-137. “The statute puts some of the control back into the parents hands.” See Signing of gay marriage law changes the game at schools
The Hour - Norwalk,CT,USA
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Asian Pacific Islander Equality Closely Watches Oral Arguments on Marriage Equality
Los Angeles – On March 5, 2009, the California Supreme Court will hear oral arguments on Proposition 8, a measure revoking marriage rights for lesbian, gay, bisexual, and transgender (LGBT) people. API Equality – LA, an organization that has worked diligently for Marriage Equality rights since 2005, hopes the Supreme Court will invalidate the proposition, one that affects the lives of thousands of Asian and Pacific Islanders.
“The real threat of Prop. 8 is not just against lesbian, gay, bisexual, and transgender Californians, it is against all Californians,” said Karin Wang, Vice President of Asian Pacific American Legal Center and API Equality – LA steering committee member. “A core purpose of the California Constitution is to ensure that the law treats all people equally, including minority groups. If upheld, Prop. 8 will set a dangerous precedent, where a simple majority vote is able to strip away the fundamental rights of a protected minority group.”
According to the Williams Institute, a LGBT think tank based at UCLA, there are approximately 66,000 LGBT Asian and Pacific Islanders living in California—the largest in the nation. If Prop 8 is allowed to stand , the fundamental right of same-sex couples to marry will be stripped from them.
API Equaltiy - LA is a coalition of organizations and individuals working to build support for equal marriage rights and fair treatment of lesbian, gay, bisexual and transgender (LGBT) people in the greater Los Angeles Asian and Pacific Islander community. For more information, call 323-860-7348 or visit, http://apiequalityla.org/
Please view the “Our Stories” section of the website to read stories about API’s and how Prop 8 affected their lives: http://www.apiequalityla.org/ourstories.php
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EQCA Executive Director Geoff Kors: “Prop. 8 destroys the fundamental principle of equal protection”
“By taking away a fundamental right from one group, Prop. 8 destroys the fundamental principle of equal protection – a principle codified in our Constitution and intended to protect minority groups from the oppression of the majority. Without the right to equal protection, every Californian risks discrimination at the ballot box.
“Equality California has sued on behalf of our members to invalidate Prop. 8. Today, our team of attorneys, led by the National Center for Lesbian Rights, Lambda Legal, and the ACLU, argued that Prop. 8 usurps the guarantee of equal protection and bypasses our legal safeguards. More than 300 leading civil rights organizations, legal scholars, and faith leaders submitted amicus briefs to the court, indicating their support of our argument. And this week, the state Assembly and state Senate passed resolutions stating their belief that Prop. 8 is an invalid revision to the Constitution.
“But victory in the courts is far from certain and no matter the outcome, the work to achieve acceptance and understanding must continue. Prop. 8 showed how much work there is left to be done and invalidating that discriminatory, unconstitutional amendment is just the beginning.
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Equality California (EQCA) is the largest statewide lesbian, gay, bisexual, transgender-rights advocacy organization in California. In the past decade, EQCA has strategically moved California from a state with extremely limited legal protections for LGBT individuals to a state with some of the most comprehensive civil-rights protections in the nation. EQCA has passed over 50 pieces of legislation and continues to advance equality through legislative advocacy, public education and community empowerment. www.eqca.org
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Attorneys Urge California Supreme Court To Invalidate Prop 8
(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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Crowds line up to get into Prop. 8 hearing
SAN FRANCISCO — Scores of people lined up this morning outside the California Supreme Court building in San Francisco, hoping for a seat in the chambers as the justices hear arguments on whether the voter-approved state constitutional amendment banning same-sex marriages should be overturned.
Some people arrived outside the building on McAllister Street at the Civic Center at 4:50 a.m., more than four hours before the arguments began at 9 a.m. The crowd grew as the hearing approached.
Motorists honked their horns, mostly in support of those who want the marriage ban overturned.
First in line was Sara Taylor of Novato, 54, an attorney who married her lesbian partner last June after the court ruled that same-sex marriages were constitutional - a decision that voters overturned five months later in approving Proposition 8.
“This court made the bold decision in the first place declaring that homosexuals have the right to marry,” Taylor said. “For me, it’s a gift to be sitting in front of them.”
On the other side of the issue was Jack Warner, a 60-year-old printer who traveled from Los Angeles for the arguments.
Holding a banner that read, “The Bible says the wages of sin is death,” Warner said he was standing outside the court because, “I want to give our side, God’s side.”
Another Prop. 8 supporter, Thomas Koors, a 63-year-old self-employed window and gutter cleaner from Novato, said he had spent the night in his Subaru near the courthouse and was there to “uphold democracy.”
“If we’re going to have democracy, we have to abide by the will of the majority of the voters, whether we like it or not,” said Koors, who waved an American flag and held a sign that read, “In God we trust.”
The Rev. Amy Morgenstern, 40, who is in a same-sex marriage and is a Unitarian Universalist minister at a Palo Alto church, countered, “It’s just crazy to think that majority rule should be able to take away a fundamental right.”
By 8:15, the line waiting to get into the courthouse took up two-thirds of the block. Others were gathering in Civic Center Plaza, where the three hours of arguments on the legality of Prop. 8 were being televised on a JumboTron set up directly across from City Hall. See
Crowds line up to get into Prop. 8 hearing * Tags = gay men gay news lesbian news transgender bisexual
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