Gay rights advocates rip suit to undo Prop. 8
Gay rights advocates Wednesday blasted two veteran attorneys for filing a federal lawsuit seeking to overturn Proposition 8, California’s voter-approved same-sex marriage ban, saying the move is premature and could be disastrous for the marriage movement.
While they knew of the objections, attorneys Theodore B. Olson and David Boies - who opposed each other during the 2000 Bush v. Gore presidential election case - filed the suit Friday in San Francisco on behalf of two same-sex couples who wanted to be married but were denied because of Prop. 8.
The suit claims the voter-approved measure, which the California Supreme Court affirmed Tuesday, denies same-sex couples the basic liberties and equal protection under the law guaranteed by the 14th Amendment. It asks for a preliminary injunction against Prop. 8 until the case is decided.
Olson said he filed the case not only on behalf of his clients, who include Berkeley residents Kris Perry and Sandy Stier, but on behalf of gay couples elsewhere who want to get married but can’t.
“We can’t tell them to wait, what, five years” for their state to approve same-sex marriage, he said, but acknowledged that it could take two years for his case to reach the U.S. Supreme Court.
While Olson shares the same end goal as same-sex marriage advocates, he doesn’t share their political strategy - to win states individually, with ballot initiatives or laws approved by state legislatures. Several same-sex marriage advocates intend to put the issue to voters in November 2010.
Olson thinks both strategies can work simultaneously. But many gay legal advocates are urging same-sex couples to avoid filing federal lawsuits because federal courts have not been as friendly to gay rights issues See * Gay rights advocates rip suit to undo Prop. 8 San Francisco Chronicle Tags = gay men gay news lesbian news transgender bisexual
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Bush v. Gore Lawyers Joining Forces To Fight Proposition 8
A coalition of gay rights groups said Wednesday that a federal same-sex marriage lawsuit brought by two high-profile lawyers is premature and they’d rather work through state legislatures and voters to win wedding rights.
A day after the California Supreme Court upheld a voter-approved ban on gay marriage, the American Civil Liberties Union, Lambda Legal and other national organizations issued a statement saying they think the U.S. Supreme Court is not ready to rule in their favor on the issue. See Bush v. Gore Lawyers Joining Forces To Fight Proposition 8 * Tags = gay men gay news lesbian news transgender bisexual
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Lambda Legal Marks First Anniversary of Historic California Marriage Victory
‘…denying marriage to loving and committed same-sex couples is morally wrong…’
(Los Angeles, May 15, 2009) — On the first anniversary of the California Supreme Court’s historic ruling in In re Marriages, Lambda Legal Marriage Project Director Jennifer C. Pizer issued the following statement:
“One year ago today many thousands of lesbian and gay Californians became full citizens for the first time when the state supreme court ruled that we all are equal under law and everyone – gay and straight alike – must have the same right to marry the person they love. For some of us who’d worked on the case for years, the court’s clarion clear decision gave real meaning to the California Constitution’s promise of equality. And then, as more than 18,000 same-sex couples jubilantly exercised that right all over the state, family and friends shared their joy, cried during their vows, and were changed for the better.
The court’s historic decision also paved the way for the high courts of Connecticut and Iowa, which in turn gave great boosts to the legislatures in Vermont, Maine, New Hampshire and the District of Columbia. Awareness now is dawning for great numbers of Americans that denying marriage to loving and committed same-sex couples is morally wrong and inflicts real harms—government should not be in the business of discrimination. Public opinion is shifting fast toward fairness. But no minority should have to depend on the generosity of the majority to enjoy basic rights. Proposition 8’s theft of our right to marry has advanced a broadly pernicious recasting of “equal protection” that, if upheld, puts every California minority at risk. It was a sad, knee-jerk response to the sight of couples in love celebrating their happiness.
Paper is the traditional first anniversary gift and there are two obvious examples — our constitution, torn asunder by Prop 8’s antigay exception, and the high court’s imminent decision that we hope will mend that tear. Today’s anniversary reminds us that we win in court and in life when we publicly celebrate our truth, love and joy in equal measures.”
Jennifer C. Pizer is Director of Lambda Legal’s Marriage Project and co-counsel in the cases that established same-sex couples’ right to marry in California and the pending challenge to Proposition 8.
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“It’s not easy being gay,” says director of the Ohio Department of Insurance
“It’s not easy being gay,” said Mary Jo Hudson, director of the Ohio Department of Insurance. She wasn’t referring to political opposition and other obstacles, but the plight of same-sex couples who are trying to get and keep health insurance.
“You’ve got to go through a lot of hoops,” said Ms. Hudson, who is openly gay and has lived with her partner for eight years.
Same-sex couples have been making headlines; Maine followed the lead of Iowa and Vermont this week in legalizing same-sex marriage, and several other state legislatures are now considering it. But Ms. Hudson says that fairer and more comprehensive health care coverage for partners — whether they are legally married or not — is not necessarily part of the package.
“For the vast majority of gay couples,” she said, “getting health insurance for a domestic partner is still a challenge.”
Currently about one-third of companies with more than 500 employees offer domestic partner benefits. That’s up from about 12 percent in 2000, according to a study from Mercer, an employee benefits consulting firm. But the percentage drops off sharply when smaller employers are counted, Ms. Hudson said.
And there is no provision for domestic partner benefits for federal employees, although there are some legislative efforts to change that. Some states and municipalities offer their employees domestic partner coverage, depending on the state laws.
Even if the relationship is formalized with the state in a marriage or union, that does not always obligate the employer to cover a same-sex spouse. For one thing, self-insured employers are not regulated by the states. See Patient Money For Gay Couples, Obstacles to Health Insurance
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‘This Is a Question of Fairness’ - NY Times Editorial
It is by no means a fast and easy path, but the cause of same-sex marriage is moving forward — proof that justice can triumph over wedge politics and prejudice. It happened this week in Maine and New Hampshire, where both states’ legislatures voted to legalize same-sex marriage and promptly put the final say to their governors.
In New Hampshire, Gov. John Lynch — who previously defined marriage as strictly between a man and a woman — promised his “best decision” after consulting lawmakers and constituents. Mr. Lynch would be wise also to consult his neighbor in Maine, Gov. John Baldacci, who signed his state’s same-sex marriage bill. He previously had opposed the idea, with the familiar hedge of supporting the half-step of civil unions.
Mr. Baldacci described his change of heart — and what we hope is the changing sentiment of many other American politicians. “I have come to believe that this is a question of fairness and of equal protection under the law, and that a civil union is not equal to civil marriage,” he said. Precisely.
Maine was the fifth state to legalize same-sex marriage. We urge Mr. Lynch to make New Hampshire the sixth. Similar proposals are pending in other states, with a major debate expected in the New York Legislature.
This week, the City Council of the District of Columbia took a preliminary step, voting 12 to 1, to recognize marriages between gay people certified in other states. A fuller debate is anticipated on a proposal to legalize same-sex unions. Unfortunately, there already are calls for Congress to once more tread on home rule and block this progress in the nation’s capital.
House Speaker Nancy Pelosi is right to caution against such grandstanding. Governor Baldacci heard the people speak. Congress should listen. See ‘This Is a Question of Fairness’
New York Times* Tags = gay men gay news lesbian news transgender bisexual
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UTAH GOP Rep wants to kill gay marriaeg in DC
Update: Rep. Barney Frank (D-MA) rejected Chaffetz’s blustering. “For this to be overturned, it’d have to pass both houses and be signed by the president, and that’s highly unlikely,” he said.
Yesterday, the DC Council overwhelmingly approved a bill recognizing same-sex marriages performed in other states, by a vote of 12 to 1. It is the latest victory for LGBT rights, coming just days after the state legislatures in New Hampshire and Maine approved gay marriage, after Vermont became the fourth state to make gay marriage legal last month.
Marriage equality in the nation’s capitol, however, is too much for freshman Rep. John Chaffetz (R-UT, above), who is refusing to let the issue “go softly into the night“:
“Some things are worth fighting for, and this is one of them,” said Rep. Jason Chaffetz (Utah), the ranking Republican on a House Oversight and Government Reform subcommittee that oversees the District. “It’s not something I can let go softly into the night. … I recognize the Democrats are in the majority, but I represent the majority of Americans on this issue.”
The City Desk noted Chaffetz’s Twitter explanation for why he would use Congress to intervene: “Why am I involved? Congress is set up to oversee the affairs of D.C. I am one of the Members of the relevant committee.”
Chaffetz’s disrespect for the District’s citizens by no means a new development. Opposing a bill to give DC residents a voting member in the House, Chaffetz insisted “the best” proposal was simply to give the city to Maryland:
The best alternative is retrocession of residential areas of D.C. back to Maryland, as was done with Arlington, Va. Under this option, D.C. residents would receive not only a vote in the House and two in the Senate, but a state legislature, a governor and many other benefits.
In March, Chaffetz railed, “Keep government limited, keep it out of our way, and empower the American people.” Apparently, he meant to add, “so long as they’re not gay.”
- See Chaffetz leads fight against DC gay marriage law
Deseret News - - Chaffetz: Federal Funding Means Congress Can Nix DC Gay Marriage Bill Washington City Paper
- Chaffetz: Gay Marriage Rights In DC Are ‘Not Something I Can Let … Think Progress
* Tags = gay men gay news lesbian news transgender bisexual
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States grant more rights to gay couples
When Maine’s highest court ruled two years ago that lesbians Marilyn Kirby and Ann Courtney could adopt the two children they had cared for since 2001, the man who has led the state battle against gay marriage for 25 years got a glimpse of the defeat now looming.
“There’s a sense people have — a sense of inevitability — and a tremendous sense of frustration because of the history of the gay-rights fight in Maine,” said Michael Heath, executive director of the Maine Family Policy Council.
He was referring to rights incrementally accorded gay couples that have led to virtual equality between same-sex and heterosexual unions in states where gay marriage remains banned, a growing trend in Maine and elsewhere, experts on both sides of the issue agree.
These rights are expanding as legally married gay couples relocate to states that don’t allow gay marriage, forcing courts, legislatures and employers to deal with a new wrinkle on issues of custody, divorce, inheritance and end-of-life decisions.
See States grant more rights to gay couples
Chicago Tribune - United States
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