History Is on My Side, Says Calif. Justice Who Voted Against Gay-Marriage Ban
Carlos Moreno stood alone in May when he dissented from the decision upholding Proposition 8. But the California Supreme Court justice says history will prove him right — that denying gays and lesbians the right to marry is illegal discrimination.
“Someday at some point my dissent will be the majority view in California,” he said during an interview in his San Francisco chambers late Wednesday. “I think that’s where the law is headed.”
“Equal protection is either equal or it’s not,” he added. “It’s not the kind of thing you can chip away at.”
Moreno, one of four justices to back same-sex marriage last year and the sole vote against Prop 8 this year, took time to talk to The Recorder about his votes, his brief moment on the Obama administration’s short list for the nation’s highest court, and U.S. Supreme Court nominee Sonia Sotomayor’s controversial “wise Latina” comment.
Moreno’s dissent in Strauss v. Horton, 46 Cal.4th 364, came at a touchy time for him. He had been contacted by the Obama administration a week earlier as a possible replacement for retiring U.S. Supreme Court Justice David Souter. Since President Obama has officially stated his opposition to same-sex marriage, it could be assumed Moreno’s position on marriage and Prop 8 might be troublesome.
But, Moreno said, Obama’s vetters didn’t ask him how his Prop 8 vote — which wasn’t yet public — would go.
“They just asked if there were any high-profile cases — past or present, including on the trial court — that would be the kind of case that would draw attention.”
See History Is on My Side, Says Calif. Justice Who Voted Against Gay …
Law.com
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bout 17 percent of gay men in Chicago are…
bout 17 percent of gay men in Chicago are HIV-positive — and half of them don’t know it.
That’s according to authorititative new estimates from the Chicago Public Health Department.
In particular, black men who have sex with men have double the HIV infection rates of white and Hispanic men, even though they don’t appear to engage in riskier behavior, Chicago health officials said today.
Their report was based on data collected last year from 570 Chicago men in the National HIV Behavioral Surveillance system.
It’s the first time Chicago health officials have used blood-testing to determine HIV infection rates in this high-risk population, said Christopher Brown, assistant commissioner of the health department’s STD, HIV and AIDS division.
Past estimates have relied solely on interviews with gay and bisexual men about their HIV status.
“What we found out pretty much confirms what we’ve known for a while,” Brown said.
See Study: Half of HIV-positive men in Chicago don’t know it
Chicago Sun-Times
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Family says Bryce Faulkner is undergoing anti-gay counseling willingly
The parents of Bryce Faulkner, a young man who was reported missing by friends and his boyfriend, say he is undergoing anti-gay counseling at his own will.
“He’s fine,” Debra Faulkner told FOXNews.com. “All the stories you’ve been told are not true.”
However, a man who claims to be Bryce’s boyfriend doubts the validity of Mrs. Faulkner’s statement.
Travis Swanson says he and Faulkner are boyfriends and refuses to take down a website to help Bryce until he is told to do so by his alleged boyfriend. Now Bryce’s parents are threatening to sue.
“[Bryce] got caught up with friends who were pulling him that way,” Mrs. Faulkner said. “He just wants to take some time and figure out what he wants to do with his life.”
Through a statement released by a family spokesperson, Bryce says he is seeking treatment on his own accord.
“Every decision that I’ve made has been based solely upon my beliefs and I have not been manipulated or coerced by anyone to do anything,” Bryce Faulkner’s statement read. He declined further comment.
See Family says Bryce Faulkner is undergoing anti-gay counseling willingly Gay Socialites
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Church ponders next step on gay vows
Episcopal bishops in New England and Iowa, the only parts of the nation where same-sex marriage is legal, are preparing for a wave of requests to allow priests to oversee the ceremonies as the result of a decision last week by the Episcopal Church that opens the door to church weddings for gay couples.
In interviews yesterday, none of several bishops interviewed said they were immediately prepared to allow priests to officiate at same-sex weddings, which remain prohibited by the canons of the Episcopal Church.
But, citing the denomination’s decision Friday to allow bishops in states where same-sex marriage is legal to “provide generous pastoral response’’ to same-sex couples, the bishops indicated that they are looking for ways to allow priests to at least celebrate, if not perform, gay nuptials in church.
“The problem is the prayer book says that marriage must conform to the laws of the state and the canons of the church, but if we respond to the laws of the state, we are in violation of the canons of the church,’’ said Bishop Stephen T. Lane of Maine, where the situation is further complicated by a possible referendum to overturn same-sex marriage. “We’re trying to respond pastorally, but not to get so far beyond the bounds of what the church understands that our clergy are just sort of hanging out there.’’
Lane also said bishops of New England, where same-sex marriage has been approved in every state but Rhode Island, are hoping to reach a common plan, because “we don’t want people running back and forth between the New England states.’’
“The folks who would like to be married are members of our congregations and will have a legal right to marriage should the law be upheld,’’ Lane said. “Clergy are caught trying to be faithful both to the canons of the church and the laws of the state, and some flexibility will help us make good pastoral judgments while the church wrestles with the definition of marriage and the rites in the Book of Common Prayer.’’
The Episcopal Church is one of several mainline Protestant denominations grappling with how to respond to increasing societal acceptance of same-sex couples. But the issue is particularly thorny for Episcopalians because the denomination and the global Anglican Communion to which it belongs have been riven by controversy over the 2003 election of an openly gay priest, the Rev. V. Gene Robinson, as bishop of New Hampshire.
In an interview yesterday, Robinson said he expects to get married to his longtime partner once same-sex marriage becomes legal in New Hampshire, in January. Robinson said Episcopal priests in New Hampshire have been long been allowed to bless same-sex couples, including those in civil unions, and that he expects to continue to ask priests to bless, but not legally officiate at, same-sex weddings.
“My feeling is that it’s time to separate the civil action from the religious action for all couples, and my guess is that we will continue that practice, which is to say we will ask clergy to get out of the civil marriage business and continue to offer the church’s blessings of civil unions and of same-gender marriages,’’ said Robinson. As a practical matter, that means marriages are solemnized by justices of the peace, who sign the legal documents, and then blessed by clergy.
In Eastern Massachusetts, Bishop M. Thomas Shaw has been one of the most vocal supporters of same-sex marriage, but also one of the most determined to differentiate between civil and religious marriage.
See Church ponders next step on gay vows
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Christian conservatives fight expansion of hate-crimes law
With a Democrat-controlled Congress and a president who has indicated his support for the Matthew Shepard Act, time may be running out for its opponents. To stop the legislation, a few Christian leaders have suggested repealing all hate-crimes law, which would undo historic protections for race and even religion.
“The entire notion of hate-crimes legislation is extraneous and obsolete,” said Matt Barber, director of cultural affairs with the conservative nonprofit Liberty Counsel, adding that he believes hate-crimes laws are unconstitutional.
In addition, a number of Christian conservatives have raised fears that pastors would be prosecuted for inciting hate crimes if they had preached against homosexuality, despite assurances that the law only targets physical violence.
See Christian conservatives fight expansion of hate-crimes law
USA Today
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LA Times Editorial: A court battle California doesn’t need
The Supreme Court’s ruling last week in the case of a grandiosely unethical West Virginia justice opened a new field of constitutional review — the high court may now consider when an elected state court jurist has been so tainted by politics that due process requires him to recuse himself from a case.
In West Virginia, a coal executive spent more than $3 million to unseat a sitting state Supreme Court justice; it was money well spent, as the justice was defeated by voters and replaced by Brent Benjamin. Benjamin then did what was expected of him and cast a deciding vote in overturning a $50-million jury award against the executive’s coal company.
Indeed, California has wrestled with this problem before — and quite possibly could again.
California’s system for selecting Supreme Court justices is much better than West Virginia’s. Candidates for the court here are nominated by the governor, confirmed by a state commission and then placed on the bench. They must periodically stand for retention, but they are not, as they are in West Virginia, subject to direct challenge by rival candidates. A retention election can cost a justice his or her seat, but it does not let voters kick out one justice and install their own replacement.
California’s rules have helped balance the judiciary’s independence with the public’s fair insistence on accountability, but even this state’s reasonable retention process has been subject to tilt. Most notable was the 1986 retention election that removed Chief Justice Rose Bird and two associate justices, Cruz Reynoso and Joseph Grodin. Much reflection has gone into that race in the decades since, and opinions differ on its merits. Two truths, however, stand the test of deep inquiry: The forces arrayed against Bird were not motivated solely by her opposition to the death penalty — that was cover for a second complaint, which was her defense of consumer rights against corporate power — and Reynoso and Grodin were victims of a special-interest crusade against a vulnerable chief.
Would that we could relegate that episode to California’s history. In fact, the state rumbles with discontent over its high court and chief, and those stirrings contain alarming echoes of the battle of 1986.
At issue are the court’s rulings on same-sex marriage and Proposition 8, and its chief justice, Ronald M. George. In May 2008, the court overturned the state’s ban on gay marriage, striking a victory for civil rights in the grandest tradition of constitutional protection of minorities. A few months later, after voters approved Proposition 8 and amended the state Constitution to ban the same institution that the court had upheld, George and his colleagues upheld the amendment. Both times, George wrote for the majority. He thus angered opponents of gay marriage in 2008 and supporters of it in 2009.
By California’s rules, George faces a retention election in 2010, and some predict that he could face challenges from either side — or even both — in this polarizing debate.
That would be a shame for the state’s judiciary, an unfortunate attack on judicial independence and an unfair castigation of one of this state’s most principled and admirable public officials. In the gay-marriage cases, George’s votes demonstrated conscience, professionalismand restraint. He voted to uphold same-sex unions out of the strong conviction — which this page shares — that the Constitution does not allow society to deny the protection of marriage to gay couples any more than it once denied it to those united across race. The ruling was right on the law, and will certainly be validated over the long march of history.
Months later, voters tacked in the other direction, narrowly rejecting gay marriage and amending the Constitution to allow California to recognize only the unions of heterosexual couples. That was challenged, naturally, and the lawsuit offered the court the opportunity to extend its earlier ruling, though on shaky constitutional grounds — advocates for same-sex marriage argued that Proposition 8 was such an affront to the rights of Californians that it revised the Constitution rather than merely amending it. Scholars split on the merits of that argument, and although the strong consensus of legal opinion rejectedit, an opportunistic justice might have seized the chance to solidify his legacy.
Instead, George subordinated his politics — as evidenced by his writing — to the weight of constitutional opinion. He voted to uphold the proposition, even though it undid his own work. Permitted latitude within the strictures of the Constitution in the first case, George was able to vote his conscience; bound by the Constitution in the second case, he yielded.
Such is the lot of a principled judicial officer, but those concerned only with results already have signaled their unhappiness with George. The moneyed interests that supported Proposition 8 last fall are considering whether to finance a campaign against George next year. Supporters of gay marriage, who championed his heroism in 2008, were bitterly disappointed when the court upheld the hateful initiative.
This is not West Virginia. Corporate interests are not knocking off justices who disagree with them and seating more accommodating replacements. But intimidation has no place in our judicial life any more than it does in Appalachia. The 1986 campaign against Bird and her colleagues now stands for many as a reminder that well-intentioned systems of accountability may be hijacked by special interests, a lesson learned too often and at great cost in California. It was misguided in its first iteration; it would be regrettable in its second.
See A court battle California doesn’t need
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New England economy could see gay-marriage boost
The expansion of legal gay marriage across New England could deliver an economic windfall by attracting a youthful “creative class” of workers to a region with an aging population.
In the past year, Connecticut, Vermont, New Hampshire and Maine have joined Massachusetts, which in 2004 became the first U.S. state to allow same-sex weddings, in blessing gay and lesbian weddings.
That makes the region the first in the United States where same-sex couples can move from one state to another while retaining marriage benefits.
New arrivals include John Visser and Nick Keffer, who recently moved to Hartford, Connecticut, from Raleigh, North Carolina. They plan to wed later this month.
“The sole, only reason why we moved was because it was now legal for us to get married here,” said Visser, 42. “No other reason whatsoever other than marriage equality. We were perfectly happy in North Carolina.”
New England has long burnished an image of tolerance. Early European settlers in the 17th-century escaped religious persecution, although they imposed their own stern doctrines and sometimes expelled dissenters. Later, the region led the right for the abolition of black slavery.
Five out of the region’s six states now endorse gay weddings after New Hampshire legalized same-sex marriage on Wednesday, leaving Rhode Island as the sole holdout.
The spread of gay marriage could serve as a recruiting tool for universities, health care companies and financial services firms that dominate the region’s economy, experts said.
“It will be a selling point when it comes to trying to lure people with same-sex partners who are being wooed for a job,” said M.V. Lee Badgett, a University of Massachusetts economist See New England economy could see gay-marriage boost
Reuters
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Obama Avoids Test on Gays in Military
WASHINGTON — The Obama administration has decided to accept an appeals-court ruling that could undermine the military’s ban on service members found to be gay.
A federal appeals court in San Francisco last year ruled that the government must justify the expulsion of a decorated officer solely because she is a lesbian. The court rejected government arguments that the law banning gays in the military should have a blanket application, and that officials shouldn’t be required to argue the merits in her individual case.
The administration let pass a May 3 deadline to appeal to the Supreme Court. That means the case will be returned to the district court, and administration officials said they will continue to defend the law there.
The move “takes the issue off the front burner,” as a trial and subsequent appeals could take years before the question returns to the Supreme Court, said an official familiar with the matter.
The decision comes as President Barack Obama attempts a balancing act on gay rights. He was elected with strong support from the gay community and promised action on a number of issues. But mindful of the complex politics, the White House has moved slowly.
See Obama Avoids Test on Gays in Military Wall Street Journal
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Maine’s Gay Marriage FAces Likely Ballot Initative
Portland, ME – Maine Governor John Baldacci signed into a law today a bill ending the ban on marriage for same-sex couples. The Maine Civil Liberties Union, which lobbied hard for the bill, applauds the governor for recognizing that lesbian and gay couples in the state should no longer be denied the legal protections, recognition and respect that comes with marriage.
“Our great state became the first to end the ban on marriage for same-sex couples solely through the legislative process,” said Shenna Bellows, Executive Director of the Maine Civil Liberties Union. “While we know that the bill signed into law may ultimately have to be approved by the voters, today marks a turning point in the fight for the freedom to marry.”
Although Governor Baldacci had not previously stated publicly whether he would support the bill, he signed it into law just a day after the bill passed the state house by a vote of 89 to 57. Because of the state’s referendum process, it is likely that an initiative will be placed on the ballot where the voters could reject the legislation. Opponents of the freedom to marry have 90 days from the date of adjournment of the legislature to gather just over 55,000 signatures to put the issue on the ballot, which will stay the law from going into effect and bar couples from being able to marry. The initiative will be on the ballot in November 2009 or June 2010.
“We understand that many Maine people on both sides feel as passionately as we do,” added Bellows. “We are confident that if our opponents succeed in making this a referendum issue, the majority of Mainers will vote for fairness.”
To learn more about the fight for marriage in Maine, visit www.mainefreedomtomarry.com.
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Maine allows same-sex marriage
Maine’s governor signed a freshly passed bill Wednesday approving gay marriage, making it the fifth state to approve the practice and moving New England closer to allowing it throughout the region. New Hampshire legislators were also poised to send a gay marriage bill to their governor, who hasn’t indicated whether he’ll sign it. If he does, Rhode Island would be the region’s sole holdout. See Maine allows same-sex marriage
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