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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Private meeting with Archbishop of Canterbury Rowan Williams at convention will address sexuality, ministry
By Mary Frances Schjonberg, July 01, 2009
[Episcopal News Service] Eight members of the Episcopal Church’s House of Deputies are scheduled meet privately with Archbishop of Canterbury Rowan Williams at General Convention in a session that is intended in part to address lesbian, gay, bisexual and transgender (LGBT) issues in the church.
General Convention meets July 8-17 in Anaheim, California, and Williams will be present July 7-9.
The session is not an official convention meeting and thus there has been no announcement of the plans. However, when contacted by Episcopal News Service, the Rev. Canon Michael Barlowe of the Diocese of California confirmed the details.
Barlowe said that he and the other deputies understood the meeting was to be brief and private, but that it was not a secret.
“It’s not a summit or constituted in an official way,” he said. “We don’t expect to issue a communiqué or anything like that.”
Instead, Barlowe said, he hopes the meeting will be a chance for dialogue and a chance for Williams to hear about the ministries of eight Episcopalians whose “significant fundamental characteristic” is “our deep love for the Episcopal Church within the Anglican Communion.” The eight deputies’ lives reflect the broad range of ministry of all Episcopalians, he said.
Barlowe set the meeting in the context of the communion-wide Listening Process, which is intended to hear all sides of the issues concerning human sexuality and the church.
Williams, Barlowe suggested, has not had a chance to hear about the broad range of ministry and leadership in which LGBT Episcopalians are involved.
There’s a larger hope attached to the meeting, according to Barlowe.
“Anytime committed Christians come together, something remarkable happens,” he said. “What comes to the fore is the commitment to be better bearers of the good news of Christ.”
The chance to have such a meeting, he said, is typical of the way leadership in the Episcopal Church seeks ways to move the mission and ministry of the church forward by trying to form partnerships with “other passionate ministers such as Archbishop Rowan.”
Barlowe, who has been a candidate in episcopal elections in the dioceses of California and Newark, said that he first raised the possibility of a meeting with the archbishop when the California deputation was discussing Anglican Communion issues. His colleagues encouraged him to pursue the idea and Barlowe says he sought the support of other LGBT deputies.
When he contacted Presiding Bishop Katharine Jefferts Schori or House of Deputies President Bonnie Anderson to ask for time with the archbishop, the request came with the backing of many of those deputies, he said.
Jefferts Schori and Anderson, along with their staffs, “graciously” agreed to ask Williams to meet with some deputies and Williams “graciously” agreed, Barlowe said.
Jefferts Schori’s and Anderson’s willingness to help bring about the meeting “is totally consistent with their leadership” of the church and their goal of fostering “serious and respectful conversation,” he added.
The presiding officers did not appoint the deputies, Barlowe said. Instead, he was asked to put the group together. He said he consulted with others and sought deputies who reflected the range of geographic, age, and ministerial diversity of those people who supported the request for the meeting.
In addition to Barlowe, the deputies are:
- Louie Crew, Diocese of Newark;
- the Rev. Canon Lisa Gray, Diocese of Michigan;
- the Rev. Tobias Haller BSG, Diocese of New York;
- Joanne O’Donnell, Diocese of Los Angeles;
- the Rev. Altagracia Perez, Diocese of Los Angeles;
- Rebecca Snow, Diocese of Alaska; and
- Michael Spencer, Diocese of Eastern Michigan.
The Rev. Eric H. F. Law, known for his work in multicultural leadership training, has been helping the deputies prepare for their meeting, according to Barlowe, and Law may attend the session with Williams.
Because they do not all know each other, Barlowe said, the group has been presenting to each other their “ministry biographies.” He called that experience “emotionally powerful.”
“Once again, I’ve been overwhelmed by just how committed the ministers of this church are,” he said, adding that hearing the deputies’ stories “made me incredibly thankful yet again for being part of the Episcopal Church.”
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Paterson Vows Vote on Gay Marriage Before Break
ALBANY — Gov. David A. Paterson said in an interview Sunday night that he would make sure that the State Senate votes on same sex-marriage legislation before it breaks for the summer, hours after he and his administration had refused to commit to forcing a vote on the issue.
The development came as the governor announced plans to call the Senate to a special session on Tuesday, after trying unsuccessfully for two weeks to broker a compromise in a leadership battle that has deadlocked the chamber. But Mr. Paterson dismayed gay rights groups in his comments at a news conference early Sunday afternoon, when he said same-sex marriage would not be on the special session’s agenda.
“It has always been my intention to see same-sex marriage come to the floor,” he said, adding, “I don’t want there to be any confusion.”
See Paterson Vows Vote on Gay Marriage Before Break
New York Times
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White House Looks to Include Same-Sex Unions in Census Count
WASHINGTON — The White House said Thursday it was seeking ways to include same-sex marriages, unions and partnerships in 2010 Census data, the second time in a week the administration has signaled a policy change of interest to the gay community.
The administration has directed the Census Bureau to determine changes needed in tabulation software to allow for same-sex marriage data to be released early in 2011 with other detailed demographic information from the decennial count. The bureau historically hasn’t released same-sex marriage data.
The gay community strongly supported President Barack Obama during the 2008 election. But some gay activists say they have been frustrated by what they see as his slow approach to rolling back discriminatory policies.
See White House Looks to Include Same-Sex Unions in Census Count
Wall Street Journal -
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Massachusetts: Former Lawmaker to Head Gay Group
A gay former state senator who fought to help Massachusetts become the first state to legalize same-sex marriage has been appointed to head a national gay rights group. The former senator, Jarrett Barrios, tearfully shared stories of his family during debate on a proposal that would have effectively undone a court ruling allowing same-sex couples to wed. Mr. Barrios will become president of the Gay and Lesbian Alliance Against Defamation, which focuses on how lesbian, gay, bisexual and transgender people are presented in the news. He is married to Doug Hattaway, who was a spokesman for Vice President Al Gore. Since 2007, Mr. Barrios has been president of the Blue Cross Blue Shield of Massachusetts Foundation, which announced his move. See
New England Massachusetts: Former Lawmaker to …
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Bid to Block Recognition of Unions Fails In DC
The District of Columbia Board of Elections and Ethics rejected a proposed ballot question intended to block city recognition of same-sex marriages from other locations. Last month, the City Council voted 12 to 1 to recognize same-sex marriages from other jurisdictions, a decision widely seen as a prelude to an inevitable vote on legalizing same-sex marriages in the capital. Pastors opposing same-sex marriage sought the citywide referendum in hopes of reversing that decision, but the election board said the referendum was not allowed under the city’s 1977 Human Rights Act See Bid to Block Recognition of Unions Fails
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Gay Muslims in the UK
Dominic James from www.tomdickandsally.com – takes a look at the lives of gay muslims in the UK.
With the advent of civil partnerships it is easy to forget that significant sections of the gay community in the UK live in fear. There are approximately 125,000 gay Muslims in the UK and most live with feelings of shame and guilt.
Although, leading clerics assert homosexuality to be against the teaching of The Quran, there are tentative signs of the beginnings of an acceptance within the Muslim establishment and the internet provides an important forum for gay Muslims to connect and support each other.
Most Muslims could never imagine that someone praying beside them at their local Mosque could possibly be gay. Islam teaches that homosexuality is evil, and as a result most gay men and lesbians will remain in the closet or choose not to follow their natural instincts. With around 1.25 million Muslims in the UK, it is estimated that the challenge of being homosexual in this community affects around 125,000 individuals every day.
This significant minority is likely to be living with feelings of shame, guilt and fear; aware of how their community will judge them and even ostracise them. Iftekhar Hai, Director of Interfaith Relations for the United Muslims of America, says that homosexuality is unnatural. He points to a verse in the Quoran where the prophet Lut says “For ye practice your lusts on men in preference to women: ye are indeed a people transgressing.”
“According to the scripture, there’s no doubt,” Hai said. “It’s not right and proper.”
However, there are now alternative views being expressed. A number of Muslim scholars are arguing that in the Quoran men are punished for raping and abusing other men, not for engaging in consensual gay sex. Indeed, it is argued that the traditional interpretations were made by heterosexual men, whereas there are now some gay Muslim writers coming out of the closet to redress the balance.
In the context of this oppressive environment, gay Muslims seek alternative means of support in the community. An example I came across recently is the website forum Al-Fatiha, a support group for gay Muslims. A short visit to this site reveals just how deep and complex the issues are. One posting reads:
“I feel like a rag doll in the middle of a tug of war, and for all of you who are in the same boat, you know what a difficult position this puts us in…I’ve come to realize that I cannot be the only one in the world in this predicament. So if you are a lesbian Muslim in a similar situation, I’d love to talk to you, and maybe we could help each other out.”
Sir Iqbal Sacranie, Britain’s most senior Muslim, described homosexuality as a harmful, immoral vehicle for spreading disease, so it is no surprise that the internet remains the only place where many gay or bisexual Muslims can reveal their true selves.
As part of a piece on gay Muslim life, The Times contacted members of this community and described it as “underground”. The article reveals a world where thousands of lives have been wrecked by sham marriages, lying, unacknowledged HIV and crippling isolation.
Among a number of powerfully descriptive stories, “Zac”, 24, tells how he has been prevented from living as a gay man. He describes how his parents had forced him into an arranged marriage with his Pakistani cousin in the hope that it would “make me straight”. He is now “trapped” at home with his pregnant wife, overwhelmed by feelings of frustration and resentment towards his parents.
But what about your experience?
The gay support group Al-Fatiha are embarking on a historic survey of Muslims who are lesbian, gay, bisexual, transgender, intersex, queer, and questioning or exploring their gender identity and/or sexual orientation (LGBTIQQ).
The results of the survey will tell Al-Fatiha about the muslim community, people’s experiences and concerns. The results will guide Al-Fatiha’s educational and advocacy work on behalf of LGBTIQQ Muslims, and will be shared with the entire community. To fill out the survey, click here.
It can be difficlt and confusing to come out in a faith which doesn’t allow you the freedom to be who you are, but in terms of the muslim faith, there are number of support groups who offer help and advice, including Imaan and Al-Fatiha.
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Gay New Yorkers Head to Greenwich for Weddings
GREENWICH, Conn. — They wanted a New York wedding. “Our lives are here; our friends are here,” said Janis Castaldi, 56, who lives in Westchester County with Lizz Endrich, the woman she married on May 21.
But New York has not approved same-sex marriage. “It got to the point where it doesn’t look 100 percent good right now. When you have Greenwich, Conn., 20 minutes away, I said, ‘Why are we waiting?’ ”
And so another couple from outside Connecticut made what is becoming a familiar pilgrimage to this border town of wealth and privilege, the first municipality over the state line by Interstate 95 or Metro-North.
From Nov. 12, 2008, the day same-sex marriages became legal in Connecticut, through the end of May, 139 same-sex couples applied for a marriage license and wed in Greenwich. All but three of them were been from out of state, most from New York City, according to Barbara Lowden, the town’s assistant registrar of vital statistics.
The town has the most same-sex marriages in Connecticut; statewide figures through February, the most recent available, showed Greenwich as the wedding spot for one in every five gay couples, though it has only 2 percent of the population.
Best known for its old- and new-money families stretching from the Long Island Sound to its fabled back country, Greenwich has been vexed in the past by its proximity to the border. In 2001, the crowds of people buying tickets for the Powerball lottery game, not available in New York, grew so big that town officials suspended sales for a day.
These days, by contrast, local businesses would like Greenwich’s new wave of toe-dippers to stick around a little longer than they have been. Most couples have a brief ceremony in a Town Hall meeting room or outside on the grounds, then leave immediately for receptions back in New York or honeymoons elsewhere.
Thomas C. Delaney, the general manager of the Hyatt Regency Greenwich, said the hotel had advertised on some gay and lesbian Web sites in hopes of attracting more business. The Hyatt averages 70 weddings a year, he said, but this summer only two same-sex weddings are scheduled so far. “We’d like to have a lot more,” he said.
June, the traditional month for wedding bliss, is coinciden
See Gay New Yorkers Head to Greenwich for Weddings
New York Times
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Gay Couples Forced to Flee US Over Immigration Law
An estimated 36,000 Americans face a choice — separate or move abroad — because they can’t secure green cards for their partners like heterosexual spouses can., said U.S. Rep. Jerrold Nadler, D-NY, citing information from the advocacy group Immigration Equality.
Bills have been introduced in Congress to treat same-sex partners like heterosexual spouses for the purposes of immigration but are likely to face a strong fight, both from gay marriage opponents and anti-immigration groups. The 1996 Defense of Marriage Act prevents immigration officials from recognizing gay marriages, even from states where they are now legal.
Proponents see the issue as a basic rights question, and Steve Ralls, a spokesman for Immigration Equality, said he believes the best chance for the legislation is as part of a larger immigration bill.
But other immigration advocates want to keep the issues separate, fearful of bogging down an already tough fight. Kevin Appleby, migration policy director for U.S. Conference of Catholic Bishops, said the push for same-sex partners in immigration is about getting recognition in federal law for gay marriage — which he opposes.
”It’s an unholy marriage of the immigration debate and the same-sex marriage debate,” he said. ”It’s very combustible.”
Lown’s decision last month brought the issue to an unlikely place, a town of 90,000 where ranchers and roughnecks from the vast open lands come to do their banking and send their kids to the regional state college. The town’s only other recent brush with national fame came last year when it housed the hundreds of children taken from a polygamist sect’s ranch in nearby Eldorado.
See Gay Couples Forced to Flee US Over Immigration Law
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Many domestic partners face deadline to reduce property tax hikes
Many gays, lesbians and seniors who registered their domestic partnerships in the early part of this decade were later hit with huge property-tax reassessments after their partners died or they broke off their relationships.
But they have until the end of this month to get those increases reversed.
The reversals are available to individuals who registered as domestic partners before Jan. 1, 2006, but were slapped with property tax hikes when their relationships ended or their partners died. The increases occurred because under laws enacted before 2006, couples in domestic partnerships were not treated like married couples when it came to property reassessment.
“I’ve known a number of people who had to give up their property because a partner died,” said longtime lesbian activist Wiggsy Sivertsen, a counselor and sociology professor at San Jose State University.
Under a 2007 law sponsored by Sen. Christine Kehoe, D-San Diego, the reassessments can be reversed. But time is running out: Forms must be filed at county assessors’ offices by June 30.
Three years ago, domestic partners in California obtained the same property-tax rights as married people. But the new law was not retroactive, so gay and straight domestic partners who registered from Jan. 1, 2000, to Dec. 31, 2005, were treated differently from those who registered afterward. See Many domestic partners face deadline to reduce property tax hikes
San Jose Mercury News
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