Calif state senator says he’s gay after DUI arrest

(Sacramento, Calif.)  Republican state Sen. Roy Ashburn said Monday he is gay, ending days of speculation that began after his arrest last week for investigation of driving under the influence.

Ashburn, who consistently voted against gay rights measures during his 14 years in statewide office, came out in an interview with …

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NH panel recommends against gay marriage repeal

 (Concord, NH) A New Hampshire House committee is recommending against repealing the state’s five-week-old gay marriage law.

The Judiciary Committee also voted Tuesday to recommend that the House kill a proposed constitutional amendment that defines marriage as between one man and one woman. The vote was 12-8 on both measures, led …

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3 weeks after gay marriage law, NH takes up repeal

(Concord, NH) Three weeks after the state legalized gay marriage, opponents are asking a House committee to repeal the law and let voters amend the constitution to define marriage as between a man and a woman.

The House Judiciary Committee was holding hearings Wednesday on the two measures, which many observers …

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Gay rights measures on the ballot in three states

(Olympia, Wash.) Nearly a year after California voters overturned same-sex marriage, voters in three other states will weigh in this fall on whether to reverse gay rights initiatives ranging from anti-discrimination measures to marriage benefits.

In Maine, voters will decide whether or not to uphold the state’s legalization of same-sex marriage. …

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Hate Crimes Bill, Long Overdue

The Jewish Week Writes:

“There’s a good reason the Anti-Defamation League and a number of other major Jewish groups have made passage of a new hate crimes bill a top priority: there are still too many places in America where violent crimes against unpopular minorities are not investigated or prosecuted with any vigor.
Different versions of the measure have again passed both houses of Congress, and once again conservative lawmakers are trying to attach “poison pill” amendments and marshaling their forces to strip the hate crimes provisions when the measures go to a House-Senate conference committee. And once again, Jewish groups face a tough fight in protecting legislation that may be even more critical as the recession fuels the growth of assorted hate groups.”

See Hate Crimes Bill, Long Overdue

The Jewish Week

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A consensus: among consultants Wait until 2012 To Repeal Prop 8

he advice is piling up on one side for folks who want to see same sex marriage legalized in California: Wait until 2012 to ask voters to overturn Proposition 8.

We’ve told you about the three LGBT coalitions of color who suggested waiting, and the nation’s oldest LGBT Democratic club saying the same. Now some of California’s top political consultants are joining the chorus.

Now, now. We know that some gay marriage fans blame consultants for the ruinous anti-Prop 8 campaign. But Equality California marriage director Marc Solomon — who helped lead the successful drive for marriage in Massachusetts — asked seven to share their thoughts on the 2010 v. 2012 question. Plus, they asked what the LGBT community and their allies should do to prepare to go back to the ballot. Three were openly LGBT (including two who are married) and one is a Republican.

The consensus: Wait until 2012.

Sue Burnside, co-chair of the National Gay & Lesbian Victory Fund Campaign Board, is “convinced that we should refrain from rushing in 2010, and instead to build on grassroots passion and strategically prepare for a ‘Yes on Marriage Equality’ referendum in 2012.” Ditto for Mark Armour and Rick Claussen suggests “a multi-year campaign that culminates in an election when the time is right.”

“If you do UNSUCCESSFULLY undertake this issue at the ballot in 2010, this will further erode public support on the issue and make it harder for future efforts to succeed,” Claussen said.

Even though Democratic consultant Richie Ross — who has won a bazillion races in California going back a few decades — doesn’t offer a definitive suggestion, he presents a raw numbers breakdown that suggests that by 2012 there will be more young voters on the rolls (likely to vote for gay marriage) and more older voters (likely to oppose) dying off.

Dave Fleischer, who has worked on many gay-related ballot measures over the years, worries about money. Each side on the Prop 8 battle raised at least $40 million. “The most conventional path to victory employed by a wide variety of campaign strategists — bury your opposition by dramatically outspending them, effectively drowning out their message — isn’t an option when the opposition is as well-funded as ours is in California.” He worries that the 66 weeks until Nov 2010 “is a very brief time to raise $40-50 million.”

Plus, he worries if “our strategy, in a lower turnout year, (can) insure that those who voted withus in 2008 return to the polls in greater numbers than those who voted against us? We can certainly try. But we have to acknowledge that this would be very difficult. Key blocs of our supporters, such as younger voters, often turn out to vote in reduced numbers in off-years.”

Former Los Angeles Times pollster Jill Darling said “Did the 2008 campaign move voters? Are the post-elections efforts having any effect? Nothing measurable, as of May.”

See The consensus: Wait until 2012.

San Francisco Chronicle

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Gay marriage stalls as RI lawmakers wrap up

PROVIDENCE, R.I. — Rhode Island seems almost certain to remain the only New England state that does not recognize gay marriage after measures legalizing same-sex unions stalled just before the part-time General Assembly ended the bulk of its annual work.

None of the bills legalizing same-sex marriage in Rhode Island advanced to a floor vote this session, continuing a trend begun in 1997.

The lack of State House action on gay unions means that Rhode Island is unlikely to allow same-sex marriage anytime soon, despite decisions this year by lawmakers in New Hampshire, Maine and Vermont to join Connecticut and Massachusetts in legalizing marriage equality.

“I was hoping the momentum that was going around New England and the support we had in the House would get enough representatives to ask for it,” said Rep. Frank Ferri (D-Warwick), who is gay and sponsored same-sex marriage legislation. He and his partner wed in Canada.

Equally disappointed were marriage equality opponents, who wanted voters to be able to decide whether the state constitution should be changed to ban gay marriage.

“I think that if you put it to the voters on a statewide basis, gay marriage would fail,” said Rep. Jon Brien, D-Woonsocket.
See Gay marriage stalls as RI lawmakers wrap up

Bay Windows

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Gates Plan May Be Beginning of the End of ‘Don’t Ask, Don’t Tell’

Pentagon Studies Ways to Relax Enforcement as First Step; Impact on Troops Would be Minimal

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.”

Neff said that even a small change in how “don’t ask, don’t tell” is enforced could represent a seismic political shift, even if it does not have a substantial operational impact on most gay troops, who would still be subject to discharge. If the military stops applying certain provisions of the policy, as Gates says it is considering, it would send a signal to Congress about the inevitability of change. “That’s why executive action is the key to unlocking the political stalemate,” said Neff. “Even the statements themselves, although they do await follow-up action, have changed the political landscape.”
 
Last month, the Palm Center published a report which outlined several legal and political rationales for executive branch discretion in regulating, and even halting, discharges provided for by federal statute. One of those rationales is closely linked to the new review announced by Secretary Gates. According to the Palm Center study, “the ‘don’t ask, don’t tell’ policy itself, as codified by Congress, also grants authority to the Department of Defense to determine the procedures under which investigations, separation proceedings, and other personnel actions under the authority of 10 U.S.C. Section 654 will be carried out … The Secretary of Defense has discretion to determine the specific manner in which ‘don’t ask, don’t tell’ will be implemented.” Prior to the release of the Palm Center’s report, most observers had assumed that only Congress or the federal courts end the firings of gay troops.
 
Amidst mounting public pressure, White House press secretary Robert Gibbs said this week that he thought “don’t ask, don’t tell” would be repealed by the end of the President’s first term. Nathaniel Frank, senior research fellow at the Palm Center, said this week’s developments were politically significant. “Serious discussions have been launched by the President himself,” said Frank. “Obama has said this is a failed policy that harms national security, so these measures are not just fixes, but may be the beginning of the end.” Frank added that any regulatory changes that fall short of halting all discharges will be “window-dressing,” but he focused on the implications for further political change. “This means the hot potato party may finally be over, as the President understands where the buck stops.”
 
In the wake of this week’s developments, the Palm Center announced that it is preparing a more extensive legal analysis of administrative options for relaxing the application of certain provisions of “don’t ask, don’t tell.” Neff said that the Defense Department should invite public input as the rules are re-drafted, which would be consistent with past processes when military regulations have been
changed. “This review should be no different,” he said.
 
Organizations and individuals who have endorsed or endorsed consideration of the use of executive action based on the legal theories outlined in the Palm Center’s study include Secretary Gates, 77 members of Congress, the New York Times editorial page, Center for American Progress, Human Rights Campaign, Servicemembers Legal Defense Network, Hendrik Hertzberg of the New Yorker, the political consultant Robert Shrum, and former White House aide Richard Socarides.
 
The Palm Center is a research institute at the University of California, Santa Barbara. The Center uses rigorous social science to inform public discussions of controversial social issues, enabling policy outcomes to be informed more by evidence than by emotion. Its data-driven approach is premised on the notion that the public makes wise choices on social issues when high-quality information is available. For more information, visit www.palmcenter.ucsb.edu.

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S.F. asks federal judge to toss Prop. 8

San Francisco has asked a federal judge to overturn California’s ban on same-sex marriage, allying the city with a lawsuit that could reach the U.S. Supreme Court.

In papers filed Thursday night in U.S. District Court in San Francisco, City Attorney Dennis Herrera’s office argued that Proposition 8 was motivated by hatred of gays and lesbians and violates their constitutional right to be free of discrimination.

Although sponsors of the November ballot measure said they were trying to promote traditional marriage and protect children, “excluding same-sex couples from marriage does nothing to advance those goals,” Chief Deputy City Attorney Therese Stewart said in the 49-page brief.

Prop. 8′s “real aim (was) harming gays and lesbians and expressing moral disapproval of them,” Stewart said.

In arguing to throw out Prop. 8, Stewart cited the Supreme Court’s 1996 ruling that struck down Colorado’s ban on state and local gay-rights measures and said a law motivated by hostility toward gays and lesbians is unconstitutional.

See S.F. asks federal judge to toss Prop. 8

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Two Anti-Gay Marriage Dems Cut Deal With Republicans to shift NY Senate to GOP control

ALBANY, N.Y. — Republicans and two dissident Democrats took control of New York’s Senate on Monday after the two New York City renegades voted with the GOP to throw the fledgling Democratic majority out of power.

The decision by senators Pedro Espada Jr. of the Bronx and Hiram Monserrate of Queens to join the coalition gave Republicans a 32-30 voting edge on hastily introduced measures that changed the leadership structure. Neither Espada nor Monserrate changed party affiliation.

Democrats held the Senate for barely five months after being out of power for four decades.

Shortly after the coup, Republicans named Espada temporary president of the Senate and Republican Dean Skelos of Nassau County vice president and majority leader. Skelos was majority leader in 2008.

Those are the most powerful positions in the chamber. With them, the bipartisan coalition can direct legislation and reassign committee and leadership posts.

Democrats tried to leave the chamber, even turning off the lights briefly, and are expected to challenge Monday’s action in court.

The coup throws into doubt the movement to legalize same-sex marriage, one of the major policy issues still pending for the last two weeks of the regular session. Although passed in the Democrat-led Assembly, it is stalled in the Senate. Several Republicans and Sen. Ruben Diaz, a Bronx Democrat oppose the measure.

See Two Anti-Gay Marriage Dems Cut Deal With Republicans

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