(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. …
Read more….
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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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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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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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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.”
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.
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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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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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WASHINGTON, DC — Democratic National Committee Chairman Tim Kaine today issued the following statement marking June as PRIDE Month:
“Today, on behalf of Democrats across our nation, the Democratic National Committee pays recognition to PRIDE month — a time to join together in celebrating the contributions that lesbian, gay, bisexual, and transgender Americans and their families make to our society. We also take this time to reaffirm our commitment to being a Party of inclusion and one that stands firm in promoting equality for every American.
“As Democrats and Americans, we believe we all are created equal and we have fought against discrimination based on race, sex, ethnicity, national origin, language, religion, sexual orientation, gender identity, age, disability, and attempts to divide us instead of unite us.
“The cause of ending discrimination against gay, lesbian, bisexual and transgender Americans has taken a giant leap forward. With a Democrat in the White House who is committed to equality and justice, we have reached significant milestones. The Obama Administration is the first to appoint openly LGBT candidates to Senate-confirmed positions in its first 100 days and it has partnered with the international community at the United Nations to decriminalize homosexuality around the world.
“The Administration is concentrating on a number of measures to ensure equality for all — such as supporting civil unions, Federal rights for LGBT couples, stronger hate crimes laws, ridding our military of ‘Don’t Ask, Don’t Tell’ in a way that both ensures national security and strengthens our Armed forces, banning discrimination in the work place, fighting HIV/AIDS and ensuring adoption rights.
“We as a Party and as a people have come a long way, and we should be proud of what we have accomplished thus far in promoting equal rights for all Americans. But we still have much more to do. As we move ahead with a Democratic Congress and President committed to equality for all Americans, we look forward to a nation where discrimination of any kind is a thing of the past.
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Updated: 05/29/2009 09:09:52 PM MDT
There is no denying that the decision of the California Supreme Court to uphold Proposition 8 is a setback for gay families and anyone who supports marriage equality. But the reversal is temporary.
One day in the not-too-distant future — years maybe, but not decades — Prop. 8 will be seen as the swan song of the old order. California’s constitutional amendment banning same-sex marriage garnered 52 percent of the vote in November, but it was the last gasp of an atavistic and deeply negative conception of homosexuality whose grip on the American psyche will soon be broken for good (and good riddance).
Gay marriage is coming to America.
The speed at which gay marriage went from a wedge issue that Republicans used during the 2004 election to roust religiously conservative voters to the polls, to its wide acceptance today, is nothing short of a political tsunami. Five states have now legalized same-sex marriage either by statute or court order: Massachusetts, Connecticut, Iowa, Vermont and Maine. The last three did so in the few months since California’s Prop. 8 case was argued. With the momentum building throughout the Northeast, measures legalizing gay marriage are considered viable in New York, New Jersey and New Hampshire.
The polls are reflecting this rapid shift in the cultural landscape.
See Blumner: Gay marriage will come Salt Lake Tribune
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‘…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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