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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Drive to stop gay partnership law is dividing conservatives
Reporting from Seattle — A campaign to roll back gay rights that kicked off in Washington state over the weekend has split the Christian conservative community, with some wondering whether it is the right time for a fight and others arguing that time may be running out.On the heels of the recent California Supreme Court ruling that upheld Proposition 8’s prohibition against same-sex marriage, conservative groups here began collecting signatures for a ballot referendum to block a new Washington state law that substantially expands rights for domestic partners.
The law that Democratic Gov. Chris Gregoire signed in May has been dubbed the “everything but marriage” bill. When it takes effect in July, it will expand previous domestic partnership laws to include issues like adoption, child support, pensions and other public-employee benefits.Washington’s secretary of state approved the referendum petitions Friday and signature collections began over the weekend. If referendum backers collect 120,577 signatures by July 25, the law would be suspended pending a vote in November.But some conservatives fear that public support for domestic partnership rights and a preoccupation with the economy could doom the effort — and make it harder to battle same-sex marriage down the road. See Drive to stop gay partnership law is dividing conservatives
Los Angeles Times
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LOS ANGELES: All Saints, Pasadena, clergy opt out of civil marriages until gay couples can legally wed
Clergy at All Saints Episcopal Church in Pasadena, California, are opting out of performing civil marriages until gay couples can legally wed–and are encouraging other clergy to do likewise, according to the Rev. Ed Bacon, rector.
“At the heart of Jesus’s moral vision and All Saints’ historic mission is respecting the dignity of every human being,” Bacon said in a June 3 press release announcing the decision, which is effective immediately.
“The California Supreme Court in its recent opinion has ruled that those of same-gender affections are second-class citizens,” Bacon added. “Denying fundamental rights to a certain classification of humanity is blatant discrimination with which our governing board, the other clergy of All Saints, and I will not participate. We invite other clergy and congregations to join us in this stand for marriage equality.”
Bacon referred to the May 26 state Supreme Court ruling that upheld the controversial Proposition 8, a constitutional amendment providing that “only marriage between a man and a woman is valid in California.” Their decision sparked nationwide rallies by both advocates and opponents of the measure.
The Rev. Susan Russell, an associate at the Pasadena congregation known for its social activism and progressive politics, said on June 4 that clergy are meeting with couples whose nuptials were already planned “to explain the new policy and hold pastoral conversations about the impact on them.
“We only do member weddings, so folks married here at All Saints typically share our values of inclusion and would be on board, we think, with making arrangements to have the civil part of their marriage take place external to All Saints clergy,” said Russell, who is president of Integrity USA, an advocacy group for gay, lesbian, bisexual and transgender Episcopalians.
But she added that: “We will continue to serve and marry them civilly if that’s what the couple prefers for whatever reason because that was the contract going in.”
All Saints vestry, at its June 2 meeting, had unanimously passed a resolution declaring that “the sacramental right of marriage is available to all couples, but that the clergy of All Saints Church will not sign civil marriage certificates so long as the right to marry is denied to same-sex couples.”
The vestry’s decision acknowledged “our active participation in the discriminatory system of civil marriage is inconsistent with Jesus’s call to strive for justice and peace among all people and respect the dignity of every human being.” The resolution states “civil marriage in the State of California is, as a result of Proposition 8 and the Court’s decision, a constitutionally-mandated instrument of discrimination, which furthers injustice and denies same-sex couples the fundamental dignities to which each human being is entitled,” Bacon said. Russell said there was little discussion in the vestry meeting. “It was just a no-brainer that of course we want to take steps that keep us from being complicit in state-sponsored discrimination.
“I keep thinking I couldn’t be prouder to work at All Saints church than I already am and then our leadership keeps taking steps that make me even prouder,” Russell said. “It was it is such a part of the DNA of All Saints Church to stand with those in need of solidarity. This stand is so deeply rooted in our baptismal covenant, it gives us such a strong theological place to stand. It feels like very firm foundation, indeed.”
The Rev. Neil Thomas of the Metropolitan Community Church (MCC) in Los Angeles, a petitioner in the Proposition 8 case, said the 40-year-old 500-member congregation likewise is observing a moratorium on signing civil weddings.
“We will not sign the paperwork” for civil marriages, said Thomas, whose ministry is primarily, but not exclusively, to the LGBT community. He is also the president of California Faith for Equality, a progressive interfaith movement of about 6,000 clergy, which submitted an amicus brief advocating that the California Supreme Court overturn Proposition 8.
– The Rev. Pat McCaughan is Episcopal Life Media correspondent for Provinces VII and VIII and the House of Bishops. She is based in Los Angeles.
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Statewide Action: On Heels of Prop 8 Ruling, “Meet in the Middle for Equality” Rallies ,Civil Rights Advocates in Fresno for LGBT Equality on a Federal Level
WHEN:
Saturday, May 30, 2009, 1st Statewide Action After the Proposition 8 Decision
7:50 a.m. – Equality March Kickoff; 8:00 a.m. - March from Selma to Fresno
1:00 p.m. – Rally at steps of Fresno City Hall
WHERE:
March from the intersection of W. Front St. and Whitson St. in Selma, CA, then along the Golden State Highway to the Meet in the Middle rally location at Fresno City Hall, 2600 Fresno Street, Fresno, CA 93721
WHO:
Equality March speakers at Selma Kick-off include:
Anne-Marie Williams of Jordan/Rustin Coalition
Nii-Quartelai Quartey of Courage Campaign
Yardenna Aaron of Here to Stay Coalition
Andrea Shorter of Equality California (EQCA)
Roland Palencia of HONOR PAC (English/Spanish-language)
Rally Speakers at Fresno City Hall Location include:
Robin Tyler, the original plaintiff in Tyler vs. the County of Los Angeles
Angelica Salas, Coalition for Humane Immigrant Rights of Los Angeles
Molly McKay, Marriage Equality USA
Christine Chavez, Latino and African-American Leadership Alliance and Granddaughter of Cesar Chavez
Kate Kendell, National Center for Lesbian Rights
Rabbi Denise Eger, Congregation Kol Ami & California Faith for Equality
Father Geoff Farrow, Former Catholic Priest for Fresno’s Saint Paul Newman Center
Lt. Dan Choi, West Point graduate, recently discharged under “Don’t Ask Don’t Tell”
Reverend Eric Lee, Southern Christian Leadership Conference
Reverend Dr. Amos Brown, Third Baptist Church, San Francisco
Rick Jacobs, Chair and Founder of the Courage Campaign
Cleve Jones, founder of Names Project AIDS Memorial Quilt and Harvey Milk intern
Dustin Lance Black, Academy Award Winning Screenwriter for Milk
“With this ruling, Californians are experiencing a great loss – a loss of justice, loss of compassion, and a loss of humanity. But rather than become disabled by our grief, we must shift our shame to strength and revitalize for the sake of the entire American LGBT community. We must use this ruling as a catalyst for an even greater goal and a greater good,” said Robin McGehee, lead organizer for Meet in the Middle.
Over 100 organizations from around the state have endorsed Meet in the Middle for Equality. The Courage Campaign and White Knot for Equality are providing buses to bring activists and progressive allies from San Diego, Los Angeles, Sacramento and San Francisco to the middle of California. Additional active participants include the California Nurses Association, Dolores Huerta Foundation, Equality Action NOW, Equality California (EQCA), Equal Roots, Freedom Action Inclusive Rights (F.A.I.R.), Gay Straight Alliance (GSA) Network, HONOR PAC, Jordan/Rustin Coalition, Marriage Equality USA, Martin Luther King Legacy Association, NAACP Youth and College Division, Service Employees International Union (SEIU), Southern Christian Leadership Conference of Greater Los Angeles, and the Third Baptist Church of San Francisco.
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L.A. Gay & Lesbian Center to President Obama: ‘We Need Action and We Need It Now!’
Center CEO Welcomes Obama to L.A. With Open Letter, Urging Him to Fulfill Campaign Promises and Speak Out in Favor of LGBT Equality
LOS ANGELES, CA — The L.A. Gay & Lesbian Center’s Chief Executive Officer Lorri L. Jean released the following letter to President Barack Obama today:
Welcome to California, Mr. President. I welcome you with a heavy heart because of the California Supreme Court’s decision to uphold Prop. 8, relegating same-sex couples to second-class status and denying us that most noble promise of America, “liberty and justice for all.”
You are arriving in Los Angeles on the heels of emotional demonstrations throughout California and our nation and your silence at such a time speaks volumes. LGBT people and our allies have the “audacity to hope” for a country that treats us fairly and equally and for a President with the will to stand up for those ideals. From you we expect nothing less.
We know the country faces many serious challenges and we have strived to be patient. We’ve waited for the slightest sign you would live up to your promise to be a “fierce advocate” for our equal rights while watching gay and lesbian members of the armed forces, who have never been more needed, get discharged from the military. And so far you have done nothing. No stop loss order. No call to cease such foolish and discriminatory actions that make our nation less safe.
You pledged to repeal the “Don’t Ask, Don’t Tell” policy, Mr. President. You promised to support a “complete repeal” of the so-called Defense of Marriage Act and pledged to advocate for legislation that would give same-sex couples the 1,100+ federal rights and benefits we are denied, including the same rights to social security benefits. You said, “Federal law should not discriminate in any way against gay and lesbian couples.”
What of those promises, Mr. President?
Your commitment to repeal DOMA has been removed from the White House Web site. Your promise to repeal Don’t Ask, Don’t Tell was removed and then replaced with a watered-down version. And in the aftermath of yesterday’s California Supreme Court ruling, you have remained silent while your press secretary summarily dismisses questions about the issue.
We not only need to hear from our President, we need his action. And we need it now.
We need your words, Mr. President. But we also need your deeds. We expect you to fulfill the promises you made to us. As Dr. Martin Luther King Jr. taught us, “Justice too long delayed is justice denied.” Do not delay, Mr. President. The time for action is now.
Sincerely, Lorri L. Jean Chief Executive Officer L.A. Gay & Lesbian Center
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Anger, frustration over Prop 8 ruling
(San Francisco, California) As word of Tuesday’s California Supreme Court ruling on Proposition 8 spread to the crowd outside a thunderous moan went up.
Hundreds of people on both sides of the gay marriage issue were gathered outside the court as the justices released their ruling upholding Prop 8, but allowing those gay …
Tags: Anger Frustration, California Court, California Supreme Court, Crowd, gay marriage, marriage, Marriage Issue, San Francisco California, Supreme Court RulingSame-Sex Unions Supplant Abortion As Social Priority for Conservatives In Fight Over High Court Pick
As President Obama prepares to name his first Supreme Court justice, conservatives in Washington are making clear that his nominee will face plenty of questions during the confirmation process on the legal underpinnings of same-sex marriage.
In addition to shedding more light on the nation’s most contentious unfolding social drama and legal frontier, Senate Republicans say the debate could provide a road map to an Obama nominee’s judicial philosophy.
“It may reflect the degree to which they think that they’re not bound by the classical meaning of the Constitution, and that they may want to let a personal agenda go beyond what the law said,” said Sen. Jeff Sessions (Ala.), the senior Republican on the Senate Judiciary Committee.
Questions on social issues in confirmation hearings have tended for the past 30 years to focus squarely on abortion, with partisans from both sides poring over a nominee’s writings and rulings and presidents typically denying that any “litmus test” was employed in the selection.
Same-sex marriage carries the same freighted potential to dominate a hearing, conservatives say.
“It is now the flash point where politics and law meet. That flash point used to be abortion. I don’t think anybody thinks that’s going to be the flash point in this nomination,” said William A. Jacobson, a Cornell University law professor and conservative blogger.
Sen. Orrin G. Hatch (Utah), another GOP member of the Judiciary Committee, said conservatives are particularly eager to avoid a Supreme Court ruling akin to the 1973 Roe v. Wade decision, which legalized abortion nationwide and has divided the country ever since. “I don’t think members of the court, or any of us, ever want to see a decision like that again,” Hatch said. Obama assured the senator in a recent meeting that he will not pick a “radical” to replace Souter, but Hatch added: “Presidents always say that. That’s why we have the hearing process.”
Same-sex marriage gained national resonance in the wake of last month’s Iowa Supreme Court ruling that legalized the practice in that state. And in the two weeks since Justice David H. Souter announced his retirement, Maine also legalized same-sex marriage, becoming the fifth state to do so; the New Hampshire legislature sent a marriage-equality bill to the governor; the New York State Assembly approved gay-marriage legislation; and the District of Columbia voted to recognize same-sex marriages performed elsewhere.
Those actions, in so short a time, have outstripped the ability of Democrats in Washington to stake out their public position on the issue. MORE at Washington Post
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Where? Adair County supervisors demand Iowa gay marriage ban! Where?
The Adair County Board of Supervisors has passed a resolution demanding that the Iowa Legislature take action to either end same-sex marriage in Iowa, or let the public vote on the matter.
Chairman Clifford Sheriff read the resolution before the board’s vote this morning.
“Now, therefore, be it resolved that the Adair County Board of Supervisors demand that the Iowa (Legislature) resolve this issue by either passing legislation that will lead to a public vote to amend the Iowa Constitution or by passing legislation to confirm Iowa Code Section 595.2 to the Iowa Supreme Court (decision) in Varnum and Brien,” Chairman Sheriff read aloud.
The section of law Sheriff referenced is the 1998 “Defense of Marriage Act” which most legal scholars argue has been voided by the Iowa Supreme Court’s decision. The five-member Adair County Board of Supervisors passed their resolution, without debate.
“I’ll move we approve the resolution for review of the Defense of Marriage Act,” one of the supervisors said.
Another quickly added his “second” to move the process forward.
“We have a first and a second to approve the resolution,” Chairman Sheriff announced. “All in favor signify by saying, ‘Aye,’” Sheriff advised and all five replied in the affirmative.
The supervisors then continued with their board meeting.
A few Iowa city councils and county boards of supervisors have pondered similar resolutions against gay marriage. In February — two months before the Iowa Supreme Court ruling legalized gay marriage — the Sioux City City Council passed a resolution urging state legislators to set the date for a statewide vote on a constitutional amendment which would ban gay marriage.
See
Adair County supervisors demand statewide vote on gay marriage
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Court lets private schools expel lesbians
The state Supreme Court left intact Wednesday a lower-court ruling that said a private religious high school wasn’t covered by California civil rights law and could expel students it believed were lesbians.
Over Justice Kathryn Mickle Werdegar’s dissent, the court denied review of an appeal by parents of two girls who were expelled from a high school in Riverside County. A lawyer for the parents said the ruling, which is binding on trial courts statewide, would allow private schools to discriminate against students on any basis they chose, including sex and religion.
The girls were juniors at California Lutheran High School in the town of Wildomar when the principal, Gregory Bork, called them to his office in September 2005 and questioned them separately about their sexual orientation, after another student reported postings on their MySpace pages.
Bork suspended the girls based on their answers, and the school’s directors expelled them a month later. The girls, who later graduated from another high school, have not been identified and have not discussed their sexual orientation, said their parents’ attorney, Kirk Hanson.
The parents sued under the Unruh Act, a 1959 state law that forbids discrimination by businesses. It was amended in 2005 to include bias based on sexual orientation and someone else’s perception of sexual orientation. State education law also prohibits anti-gay bias, but that applies only to public schools.
In January, the Fourth District Court of Appeal in San Bernardino said the school is not a business but instead a social organization entitled to follow its principles.
Although California courts have defined such organizations as a Boys Club and the Rotary Club as businesses covered by the Unruh Act, the appeals court cited a 1998 state Supreme Court ruling that allowed the Boy Scouts to exclude gays and atheists. Like the Boy Scouts, the appellate panel said, a private religious school exists mainly to instill its values in young people.
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Gay marriage advocate downplays opposition to issue
The Chicago based group that orchestrated the move toward gay marriage in Iowa says it will have observers in 25% of the county recorders’ offices Monday when same-sex couples can first seek licenses to marry — but the group is dismissing the idea there is any opposition to the marriages.
Camilla Taylor is the Lambda Legal attorney who led the Iowa lawsuit which resulted in the Iowa Supreme Court ruling that Iowa’s law saying marriage is between a man and a woman is unconstitutional.
Taylor was asked during a conference call with reporters Thursday if there was confusion among state officials over how they should handle gay marriage issues. Taylor says she hasn’t heard any particular difficulties in working out what the decision means. She says Iowa isn’t the first state to rule that marriage licenses must be issued to same-sex couples, so there is a lot of help available if Iowa officials have questions.
Lambda officials say Iowa has “embraced” the gay marriage ruling, and Taylor dismissed recent attempts in the legislature to bring up a constitutional amendment to ban gay marriage. Taylor says the state legislature “has made it very clear that the state legislature is not interested in putting discrimination into the constitution and that there are a lot of other issues that Iowans care about. She says there are budget issues and the state is recovering from natural disasters, “so I don’t think there is any will to amend the state constitution.”
Democratic leaders have blocked several attempts to bring up the vote on a constitutional amendment to ban gay marriage. Taylor was asked if her confidence would change if Republicans won back control or the legislature or if Iowa voters decided to call for a constitutional convention in 2010.
See Gay marriage advocate downplays opposition to issue
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