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.

See Voter ‘animus’ to be issue in Calif marriage case
San Francisco Chronicle

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How long has Seattle supported gay rights?

Seattle: 1st in gay rights

Seattle has been at the vanguard of gay rights for at least three decades. Remember Anita Bryant? While she was getting cities across the county to repeal gay rights ordinances in the 1970s, Seattle voters held the line — the first city in America to vote in favor of gay rights. The City of Seattle adopted a fair employment ordinance in 1973 which specifically prohibited discrimination against gay people in the workplace, followed by a fair housing ordinance in 1975. But in 1978, Initiative 13 attempted to repeal the ordinances. It went down in defeat, and Seattle voters successful stopped the national movement to turn back the clock of gay rights. Since then, the cities of Tacoma, Spokane, and others followed suit; Seattle has elected openly gay city council members for decades and is considered to have one of the largest gay populations in the nation.

– Leonard Garfield

Sunday’s gay pride parade marks the event’s 32nd year. See photos from the event here.

Learn more about Seattle’s Museum of History and Industry at seattlehistory.org.

See How long has Seattle supported gay rights?

Seattle Post Intelligencer

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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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Marriage fight looms IN mAINE

Opponents and supporters of gay marriage are laying the groundwork for a tough summer political campaign that experts say will put Maine in the national spotlight.

Organizers of an effort to overturn a new law legalizing same-sex marriage in Maine have hired the California public relations firm that ran the successful Proposition 8 campaign that overturned same-sex marriage there.

And supporters of same-sex marriage, who oppose the people’s veto effort, have hired a seasoned Maine political strategist who ran the successful Maine Won’t Discriminate campaign in 2005. That campaign fought a people’s veto of Maine’s gay rights law.

Maine became the fifth state to legalize gay marriage in May, when the Legislature passed a bill and Gov. John Baldacci signed it into law. Opponents, led by the Catholic church and other clergy, immediately began the campaign for a people’s veto, which would ask voters to overturn the law.

Organizers of the people’s veto are attempting to collect 55,087 signatures of registered Maine voters to put the question on the ballot. The same-sex marriage law would take effect 90 days after the Legislature’s June 13 adjournment. But if the veto effort collects enough signatures before then, the law’s implementation would be stayed.

At least five political action committees have been formed to help raise funds to support the people’s veto effort. Two have been formed to oppose a people’s veto.

According to the latest filings with the state Ethics Commission, most haven’t raised money. But one, StandForMarriageMaine.com, has raised $60,000 from the National Organization for Marriage. The next filing deadline is July 15.

See Marriage fight looms

Morning Sentinel -

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California gay marriage fight goes to Chinatown

The path to gay marriage in California may start in Chinatown.

After a double defeat at the voting booth and in court, gay advocates are reassessing their plans to push for legal same-sex marriage in the most populous U.S. state.

The new drive, focused on getting the issue on the ballot again as soon as November 2010, is more personal and reaches farther beyond the liberal confines of San Francisco’s Castro or Los Angeles’ gay heartland West Hollywood.

Lost in the 2009 election wreckage for gays was the marriage campaign’s relative success in Asian communities, which have swung toward support of same-sex marriage at a faster rate than the rest of California and have become a model for other groups.

Asian Americans have been building grass-roots support in Chinatown, Little Tokyo, Filipinotown for four years. Gays, lesbians and straight allies have talked about the often-taboo topic of homosexuality, set up booths at festivals, harangued non-English language media to change coverage and lobbied elected officials for support.

“What we felt we had to do is talk to people who aren’t on our side. So that’s why we do these crazy things like walk through the streets of Chinatown as part of the New Year’s Parade. That’s why we go out to festivals from Little India to Little Tokyo and talk to complete strangers,” said Marshall Wong, co-chair of Asia Pacific Islander group API Equality.

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California gay marriage fight goes to Chinatown

Reuters

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Cracks in the System: Iran There and Gay Rights Here

Originally published on June 18, 2009 by Yo Mama For Obama

This post will be a continuation of my last one, dealing with the people’s insurgency in Iran and the fight for equal rights here in America.

yomamaforobama’s diary :: ::

No surprise: it is being reported that Ayatollah Khamenei’s rival Mullah, Rafsanjani, will be supporting the massive protest in Iran today. Quite frankly, this election dispute is a contest, a personal power struggle, between the two Ayatollahs. Whether we have Ahmadinejad or Mousavi as figurehead Presidents is almost immaterial. Their ideology and politics are essentially the same, although Ahmadinejad’s incendiary fervor is definitely off the deep end. Their underlying beliefs, both national and international, are identical. It is the Mullahs who rule Iran. The people’s protests must move from election fraud to throwing out the corrupt clerics who rule Iran.

Dan Rather was on MSNBC yesterday, and he was not very optimistic about the outcome of this Iran uprising. He said that similar to this uprising, the Czech revolt of 1956, the Chinese attempt at protest in Tiananmen Square in 1989 and the attempted battle for freedom in Burma in 2007 were all crushed by their respective governments. Included in these assaults on the protesters were serious, and successful, attempts to quash any media reports of the protests plus the government’s retaliatory responses. True: in 1956, we did not have the internet, cell phones or Twitter. Basically the same holds true for 1989. Nonetheless, the media were thrown out of those countries and thus any reports of the events were not forthcoming. So is Iran trying to play that same game today. Not only have reporters been warned off covering the disputed elections, but Iran has cut off most access to the internet and cell phones. But long live Twitter: they can not shut off that service. Not yet. Our very own State Department has requested, and been granted, that Twitter defer their shutdown for maintenance scheduled for this week so that the world can have some access to the events in Iran. As Hillary Clinton said recently, and I paraphrase, “I don’t know a Twitter from a Tweeter, but Twitter has been a window to the world as to what is going on in Iran.” In the New York Times today, Op-Ed contributor, Nicholas Kristof equates “tweets” as the bullets of modern warfare.

See Cracks in the System: Iran There and Gay Rights Here

Daily Kos

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Anti-Gay Billboard Up on I-26 in SC

AFFA’s successful billboard campaign equating the gay rights struggle to civil rights just got a little company.

Lowcountry commuters heading home yesterday saw a new anti-gay billboard just before the Remount Road exit on I-26 West. The billboard reads “Heterosexual? It’s ok…” Did you realize straight people are being marginalized by all this talk about gay rights? Me neither.

The billboard has a tagline encouraging folks to go to turn2god .org. I will try to wrap-up their pitch (as subjectively as possible) so that you don’t have to click over and give them traffic.

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Anti-Gay Billboard Up on I-26

Charleston City Paper

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Maine Gay-marriage foes hire California firm that ran Prop 8

Opponents and supporters of gay marriage are laying the groundwork for a tough summer political campaign that experts say will put Maine in the national spotlight.

Supporters of the law have hired a seasoned Maine political strategist who ran the successful Maine Won’t Discriminate campaign in 2005. That campaign fought a people’s veto of Maine’s gay-rights law.

Maine became the fifth state to legalize gay marriage in May. Opponents, led by the Catholic Church and other clergy, immediately began campaigning for a people’s veto, which would ask voters to overturn the law.

Organizers of the veto effort are attempting to collect 55,087 signatures of registered Maine voters to put the question on the ballot. The same-sex marriage law will take effect 90 days after the Legislature’s June 13 adjournment unless the veto effort collects enough signatures before then, which would put the law on hold.

At least five political action committees have been formed to help raise funds to support the people’s veto effort. Two have been formed to oppose the veto.

According to the latest filings with the state Ethics Commission, most haven’t raised money. But StandForMarriageMaine.com has raised $60,000 from the National Organization for Marriage. The next filing deadline is July 15.

See Gay-marriage foes hire California firm that ran Prop 8

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Here Networks LLC and Its Publishing Affiliate Complete Merger Deal With PlanetOut Inc.

Here Networks LLC announced today the completion of the business combination of Here Networks LLC and its publishing affiliate, which includes the LGBT publications The Advocate and Out, with PlanetOut Inc. (formerly-traded under the ticker symbol, LGBT). The new public company resulting from this business combination will be named Here Media Inc. with Stephen P. Jarchow serving as Chairman and Paul Colichman serving as CEO.

On Wednesday, June 10, 2009 , the holders of a majority of the outstanding shares of PlanetOut Inc. common stock voted to approve the proposed business combination.

“The close of this deal represents an exciting moment for LGBT consumers across the globe,” said Stephen P. Jarchow and Paul Colichman . “We look forward to bringing new features that will enhance the user experience and keep our customers engaged.”

Here Media now becomes the premier global company for providing news and entertainment to the LGBT community. The company is also uniquely positioned to provide advertisers opportunities to reach its niche audience across platforms including television, online, print publishing, and filmed entertainment. Here Media‘s unmatched reach positions the company as a leader in creating an interactive relationship with consumers across all its iconic brands.

Jarchow and Colichman, along with current PlanetOut Inc. Chairman Phil Kleweno , will serve as the initial board of directors of Here Media.

About Here Media

Here Media, Inc. produces and distributes niche content across all platforms worldwide. Here Media’s iconic brands distribute gay media and world cinema programming with universal, humanistic appeal. Its distribution platforms include theaters, television, VOD, broadband, online, print and mobile. It earns subscription, advertising and licensing revenue from its award-winning content.

Here Media owns and operates a variety of media assets including:

Here Studios, a full service motion picture studio.
Here Films, a motion picture distribution company.
here! Networks, a premium television network featuring programming that appeals to a gay and lesbian audience airing in 96 of the top 100 US markets, including every top 10 market.
Iconic print brands including Out, Advocate and HIV Plus, as well as Alyson Books .
Online properties including Gay.com, Planetout.com, Advocate.com, Out.com and SheWired.com which provide broadband video and social networking.

Paul Colichman is Chief Executive Officer of Here Media and Stephen P. Jarchow is Chairman. Together, they have produced and/or distributed over 200 motion pictures including Academy Award(R) winners “Gods and Monsters” and “Departures”.

Forward-Looking Statements

In addition to the historical information contained herein, this press release contains forward-looking statements, including statements regarding Here Media’s plans to launch new technologies and user experiences., .These statements include those containing the words “believes,” “anticipates,” “expects,” and similar words. Such forward-looking statements involve known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of the company to differ materially from any future results, performance or achievements expressed or implied by such forward-looking statements. Such factors include, among others, the limited operating history and variability of operating results of Here Media and its subsidiaries; ability to achieve its operating plan; competition; timing and success of product launches; success of marketing efforts; and dependence on technology infrastructure, cable and satellite operators and the Internet. Additional information concerning factors that could affect Here Media’s future business and financial results is included in Here Media’s public filings with the Securities and Exchange Commission, which are available at the SEC’s website at www.sec.gov.

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Gay bishop says faith groups key to NH gay marriage vote

New Hampshire became the sixth state to legalize gay marriage on Wednesday (June 3) in part because faith leaders testified that the measure would not impinge on religious rights, according to V. Gene Robinson, the state’s openly gay Episcopal bishop.

When credible Christians, Muslims and Jews advocated for same-sex marriage, it “had a lot of sway with legislators in terms of giving them cover,” said Robinson. “Our message was loud and clear: religious organizations have nothing to fear from civil marriage for same-gendered folks.”

Robinson, who was elected bishop of New Hampshire in 2003, joined his longtime partner in a civil union last year. Under the New Hampshire law, their union will automatically be considered a marriage on Jan. 1, 2010.

“I’m still about 30 feet off the ground, hovering somewhere on high,” Robinson said in a conference call with reporters on Thursday.

The legislation signed by Gov. John Lynch on Wednesday contains explicit legal protections for religious groups that object to same-gender relationships and makes Rhode Island the only state in New England that does not allow gay marriage.

Robinson said separating the civil and religious aspects of marriage and making clear that religious groups would not be required to sanction same-gender weddings was key to the effort.

“We made sure that our … bill here stated and overstated and restated the fact that no religious liberties would be abridged in the embrace of civil marriage — that no religious institutions would be required to do anything against its own beliefs,” Robinson said. “It largely undercut the argument from the other side.”

Two separate studies released on Wednesday concluded that anti-gay marriage groups relied heavily on religious language to successfully push for ballot initiatives in Michigan in 2004 and California in 2008 that outlawed gay marriage.

“A religious opposition requires a religious response,” said the Rev. Rebecca Voelkel of the National Gay and Lesbian Task Force and an author of one of the reports.

Robinson said, “I think it’s about emboldening legislators to see people like them who identify as Roman Catholic or American Baptist or Methodist or Lutheran (and) say `OK, this … is clearly a person of faith, so despite what the denomination says as a whole I’ve got a fairly firm piece of ground to stand on here.”

See Gay bishop says faith groups key to NH gay marriage vote

The Pew Forum on Religion & Public Life