Church and Straight in CT
The Family Institute of Connecticut apparently blew too much money on Question 1 ads to afford a real lawyer.
We bet that’s why Pat Robertson’s non-profit firm, the American Center for Law and Justice, helped them bully the Connecticut Department of Children and Families into removing “open and affirming” churches from a list of gay-friendly resources on the department’s Web site on seperation of church and state grounds.
(No, really, the Family Institute of Connecticut accused someone else of misunderstanding the separation of church and state.)
“A handful of the links related to religious organizations considered to be — what are the words I want to use? — progressive on gay and lesbian issues,” explains Gary Kleeblatt, communications director for the DCF, who says the agency got a letter from the Family Institute inferring a lawsuit from Robertson’s team of cranks could be forthcoming.
Kleeblatt assures us the DCF is still “extremely enlightened to gay and lesbian issues. We welcome gays and lesbians to adopt. We also recognize there are gays and lesbians in our care. But we can’t be seen as endorsing any religious groups.”
Shirley Gadson, pastor of Bridgeport’s open and affirming Open Door Ministries, says, “I think that people have to realize Christ loves everybody and is open and affirming to everyone.”
Family Institute executive director Peter Wolfgang told our parent paper, the Hartford Courant, “We said all along that if same-sex marriage was imposed in Connecticut, the next thing that would happen would be an effort to reeducate Connecticut children.”
Yes, that’s right! First comes gay marriage and then comes … some constitutionally questionable links on the DCF’s Web site. Feel that? It’s the foundations of our society shaking!
fairfieldweekly.com
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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.
See Gay Rights Groups Seek to Intervene in Federal Challenge to Calif …
Above the Law
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India: Legal gay sex ruling challenged
A landmark ruling that legalized gay sex between consenting partners in India was challenged Thursday in the country’s high court, lawyers said.
Activists protest against the ruling to decriminalize gay sex in New Delhi on Sunday.
The supreme court issued a notice to the nonprofit Naz Foundation that had won a lower-court verdict after a seven-year legal fight to decriminalize gay sex.
Notices also were issued to the federal government and the New Delhi high court, which ruled last week that consensual sex between partners of the same gender was legal.
An astrologer filed a petition challenging the ruling. The petitioner argued that no constitutional right is violated by the Indian penal code’s Section 377, which had outlawed gay sex, said his lawyer Praveen Agrawal.
The petition also cited Indian culture and health as grounds for seeking a stay on last week’s ruling, he said.
The supreme court posted the next hearing for July 20.
Last week’s ruling meant the law — Indian penal code section 377, which had previously criminalized consensual homosexual acts between adults — was partly struck down but remains in place as far as forced homosexual acts are concerned.
The verdict affects law enforcement all around India because it deals with a law enacted by the federal parliament.
See India: Legal gay sex ruling challenged
CNN Internationa
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Time to review policy on gays in US military: Powell
American attitudes have changed and the “don’t ask, don’t tell” policy toward gays serving in the U.S. military should be reviewed, former Joint Chiefs of Staff chairman Colin Powell said on Sunday.
President Barack Obama favors overturning the policy, which bars gay troops from serving openly in the military. U.S. Defense Secretary Robert Gates has asked military lawyers to look at ways to make the law more flexible, hailed by gay rights groups as a “seismic political shift”.
“The policy and the law that came about in 1993, I think, was correct for the time,” Powell said on CNN’s State of the Union.
“Sixteen years have now gone by, and I think a lot has changed with respect to attitudes within our country, and therefore I think this is a policy and a law that should be reviewed.” he added.
See Time to review policy on gays in US military: Powell Reuters
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Gay and thinking about adopting?
If you are gay or lesbian and thinking about adopting in California, let this serve as a basic review on adoption in California. This is not an exhaustive discussion, but a beginner’s look at what one might consider when thinking about adopting a child.
In addition to single GLBT adoptions, California permits joint and second-parent adoptions.
There are three types of adoption available in California:
- Independent/Open – This type of adoption is generally done without an adoption agency, rather with a lawyer and/or a physician to help locate a birth mother. The cost for an independent adoption varies, but typically runs from 10 to 20 thousand dollars.
- Foster – This type of adoption process begins by the adoptive parent or parents becoming licensed as foster parents first, then getting approved by the agency as prospective adoptive parents. The foster system approach is the most affordable, usually consisting of minimal costs for licensing, home study and adoption fees.
- International – When a U.S. family adopts a child from a foreign country, it is known as an “international” adoption. Prospective parents usually work with a private agency licensed for intercountry adoption. Fees for an international adoption typically range from 10 to 25 thousand dollars.
If you are considering adoption, below are some questions to consider before taking the next steps. If you and your partner are exploring the idea of adoption together, feel free to use them as discussion starters.
More of Gay and thinking about adopting?
Examiner.com
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Council halts plans to put boy with gay foster parents
A council has halted plans to place a ten-year-old Catholic boy in the care of homosexual foster parents against the wishes of his mother.
The case was highlighted last month by The Mail on Sunday, the day before the boy was due to arrive at his new home, a hotel in Brighton run by a middle-aged male couple.
Brighton and Hove Council has now told the mother it is reviewing its decision after her lawyer argued it was obliged to try to place the boy with foster parents of the same faith.
See Council halts plans to put boy with gay foster parents
Daily Mail
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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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Voter ‘animus’ to be issue in Calif marriage case
When the U.S. Supreme Court overturned an amendment to the Colorado Constitution that outlawed discrimination protections for gay people, same-sex couples could not enter into civil unions or domestic partnerships anywhere in the nation, much less get married. But as they seek to persuade a federal judge to strike down California’s ban on gay marriages, lawyers for two unmarried gay couples are using that 13-year-old decision as their road map — one they expect will eventually lead the high court to take up the marriage issue. In the Colorado case, Romer v. Evans, the Supreme Court majority held that voters’ dislike of gays and the laws that several cities had approved to shield them from bias motivated the state amendment. Such “animus,” it said, was incompatible with the section of the U.S. Constitution that requires the government to treat its citizens equally absent a compelling reason to do otherwise. The attorneys behind the challenge to California’s Proposition 8 plan to argue during a pretrial hearing Thursday that by stripping gays of the right to wed, the voter-approved ban runs afoul of America’s founding framework in the same way — and for the same reason. “Romer is a strikingly similar situation to what we have here. You had a ballot initiative, a majority vote of the people, taking away a right,” said Theodore J. Boutrous Jr., a member of the legal team led by former U.S. Solicitor General Theodore Olson and veteran trial lawyer David Boies. “And there was no justification or rationale other than disapproval by that majority of that group.” U.S. District Chief Judge Vaughn R. Walker on Tuesday issued a tentative order to fast-track the case in his San Francisco court. Among the questions he said he wants covered at trial are whether sexual orientation is unchangeable, if permitting same-sex marriage “destabilizes” traditional unions and whether Proposition 8′s ballot history demonstrates the measure had “discriminatory intent.” California Attorney General Jerry Brown, a defendant in the case, has sided with gay rights advocates and declined to defend the ban, which overturned a California Supreme Court ruling that had legalized same-sex marriages. The state Supreme Court five weeks ago upheld the measure, saying it represented a valid exercise of voters’ authority to amend the California Constitution. Proposition 8′s sponsors, a coalition of religious conservative groups called Protect Marriage, has been given permission to intervene in the federal case. In court papers, the group’s lawyers rejected the assertions that anti-gay attitudes fueled the November measure and that the 1996 Colorado case was applicable. “Nothing in California law, either Proposition 8 or otherwise, indicates that Californians harbor animus towards gay and lesbian individuals,” they wrote. Since the U.S. Supreme Court’s 6-3 decision, attorneys for gay rights and Christian conservative groups have debated whether the Romer decision could be used to expand gay rights. The ruling marked the first time the Supreme Court determined that the Constitution’s equal rights guarantees extended to gays and lesbians. “The basic point of Romer is that government cannot ever act out of hostility toward a group of people, and whether that is in the context of marriage or anti-discrimination law, the point carries over,” said Suzanne Goldberg, who worked on the case and now directs Columbia Law School’s Sexuality and Gender Law Program. The ruling has been cited, though so far unsuccessfully, in past challenges to gay marriage bans in Nebraska and Florida. At the same time, gay rights groups mostly have shied away from pursuing federal marriage cases in favor of pursuing marriage rights in state courts. Legal observers on both sides of the debate agree, however, that California’s Proposition 8 presents novel questions that could make the issue ripe for federal action.
San Francisco Chronicle
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India Decriminalizes Gay Sex
n what many are calling “India’s Stonewall”, the New Delhi High Court on Thursday decriminalized homosexual intercourse between consenting adults, by striking down section 377 of the Indian Penal Code. This law labels gay sex to be an “unnatural offense”, punishable with up to ten years in prison.
Drafted in 1860, this Colonial-era law was brought into effect by the British, and was in line with similar anti-homosexuality legislation passed in England at the time. In the past decade, gay rights activists and lawyers have strived hard to abrogate Section 377, calling it “inhuman”, and as the Naz Foundation, which filed the petition to abolition 377 in 2001 argued, a violation of constitutional rights to privacy and equality.
No Rain on Their Parade
In its ruling today, the Delhi High Court affirmed that claim, saying that Section 377 violated basic human rights. The same court, however, had dismissed a similar petition in 2001. It is clear that this latest ruling is a reflection of increased activism by gay rights groups and high profiled supporters like Bollywood actress and Former Miss World Celina Jaitley, along with a more progressive government.
See
India Decriminalizes Gay Sex
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Gates Plan May Be Beginning of the End of ‘Don’t Ask, Don’t Tell’
SANTA BARBARA, Calif. — In the wake of yesterday’s unexpected Pentagon announcement about gays in the military, experts say the “don’t ask, don’t tell” policy may be on the brink of irreversible change that would speed up its demise. After speaking with President Obama last week, Defense Secretary Robert Gates has asked military lawyers to explore how to modify enforcement of the policy in ways that are “more flexible until the law is changed.” The President Monday reiterated his intention to end discrimination against gay troops, saying he is working with Congress and the military to do so.
Christopher Neff, political director of the Palm Center, said the remarks by Secretary Gates marked the first time the Defense Secretary has made clear that the Pentagon is onboard with the President’s determination to lift the ban. “‘Don’t ask, don’t tell’ is a package — both a law and a policy — that hasn’t been penetrated for fifteen years,” Neff said. “This is a crack in humpty dumpty, and it gets the ball rolling for a political solution since it gives cover to lawmakers who have been waiting for a nod from the Pentagon.”
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