Gay marriage and the date debate

Nearly nine months after California voters banned same-sex marriage in the state, gay marriage supporters are ready to ask them to overturn Proposition 8. They’re just not sure when to ask: In November 2010 or November 2012.

Choosing a date involves more than sifting through the polling, community meetings and consultants’ reports that have filled the time since last fall’s election with soul-searching and finger-pointing among supporters, culminating in a meeting of the movement’s leaders Saturday in San Bernardino.

Generating enthusiasm for a grassroots campaign will also be a heart-based decision, one that has split same-sex couples even in Kern County, where 75 percent of voters backed Prop. 8.

Bakersfield resident Jade Haley wants an initiative in 2010. Her partner Alee Gamino thinks that’s too soon. Gamino’s Catholic mother still refers to Haley as “she” and has no contact with them as a couple, who are raising Gamino’s teenage daughter from a previous relationship.

Churches’ influence

On Sundays, Gamino, 34, goes to church twice. She attends a Catholic service solo with her mom in the morning and goes to a Metropolitan Community Church with her partner in the evening. “The churches have thousands and thousands of people ready to go against us,” said Gamino. She looked at 70 people who came to a Unitarian Universalist Church on Thursday to talk about the movement’s next step. “All we have is what’s in this room.”

Still, Gamino was among only a dozen people at the Bakersfield meeting called by Marriage Equality USA who supported waiting until 2012. The sentiment for a vote next year echoed one at a similar gathering in San Francisco, while gatherings in liberal bastions such as Oakland and Berkeley leaned toward 2012.

“The reaction was really mixed,” said Pam Brown, Marriage Equality USA’s political director, who compiled information from the organization’s “Get Engaged” tour of 40 California cities over the past several weeks. “A lot of people who wanted to wait until 2012 wanted to see what the plan was first before they committed.”

A nonbinding straw poll of leaders gathered Saturday in San Bernardino to plan the movement’s next step found that 93 people voted to go in 2010, 49 in 2012 and 20 were undecided. Organizers expect to officially decide when to return to the ballot in a couple of weeks. If they decide on November 2010, the deadline to have ballot language submitted to the attorney general is Sept. 25.

Faults not addressed

This month, several groups of same-sex marriage supporters said not enough has been done to address the faults of last year’s campaign in time to mount a winning drive next year.

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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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Clinton Says His View On Gay Marriage Is “Evolving”

ABC News’ Rick Klein reports: This afternoon in Toronto, former Presidents Bill Clinton and George W. Bush shared a stage for a “conversation with presidents” at Toronto’s Convention Centre, in a ticketed event (with a hefty payday for both ex-presidents) that was open to the general public.

It was a fascinating discussion — these two 62-year-old men with a combined 16 years in the presidency, talking about current and past events as probably no one else alive can, for the first time in a public forum.

While President Bush mostly kept to his promise not to criticize his successor, he bristled at the suggestion — advanced by President Obama, among others — that Iraq distracted the nation from the war in Afghanistan.

“I don’t buy the premise that our attention was diverted” by Iraq, Bush said. “I think it’s false. Matter of fact, I know it’s false. I was there.”

And while President Clinton mostly kept to his promise to “thwart” efforts to get 42 and 43 to tangle with each other, he offered an interesting insight into his thinking on gay rights.

On the issue of gay marriage — which Clinton, like President Obama, personally opposes — Clinton said of his position: “Frankly, it’s evolving” as he sees more committed gay couples raising kids.

As ABC political director David Chalian has pointed out, Clinton isn’t the only Democrat whose position on gay marriage is moving.

Clinton also expressed optimism that the military’s “don’t ask, don’t tell policy” — which he helped enact — will eventually come off the books, allowing gay members of the armed services to serve openly.

“I think that time will lead to a repeal of this ban,” Clinton said.

That’s one of many areas where the former presidents disagree. But mostly, this event was a lovefest.

Clinton heaped praise on Bush for his AIDS initiative and the diversity of his Cabinet. Bush urged Clinton not to be so hard on himself over Rwanda.

Bush welcomed the audience to “the Bill and George show.” Clinton teased that while the pair was facing expectations that they would “devour each other,” “we’ll do our best to thwart them.”

See Clinton Says His View On Gay Marriage Is “Evolving”

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Equality Texas fears anti-gay backlash with new speaker

The Texas Legislature opened its 81st session this week with a moderate Republican at the helm as speaker of the House, but with the Senate in an uproar as Republicans there try to circumvent filibuster rules.

Randall Terrell, political director for the LGBT advocacy organization Equality Texas, said Wednesday, Jan. 14, that new leadership in the House could be advantageous for LGBT people in the Lone Star State. But it could also bring up new challenges, as well.

“I am a little more hopeful now that [San Antonio Republican Rep. Joe] Straus is speaker of the House, but that cuts both ways,” Terrell said.

The speaker of the House controls the agenda there, determining which bills can come to the floor for a vote. Straus is not expected to push the kind of socially conservative agenda that former Speaker Tom Craddick backed. But Craddick still has supporters in the House, and they are likely to test the new speaker on those issues with anti-gay amendments to other bills, Terrell said. See Equality Texas fears anti-gay backlash with new speaker
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