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.
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Wisconsin budget extends rights to gay couples
With the budget signed Monday by Gov. Jim Doyle, Wisconsin has become the first state with a constitutional amendment banning same-sex marriage and civil unions to put in place domestic partnerships for same-sex couples.
Wisconsin also is the first Midwestern state to legislatively put in place legal protections for same-sex couples, according to advocates.
But supporters of the ban still contend the creation of domestic partner benefits violates the constitutional amendment on marriage because it creates a legal status that approximates marriage — and they could file a legal challenge soon.
Starting Aug. 3, couples will be able to apply for a declaration of domestic partnership in their home counties. Partnerships would be dissolved through a termination process at the county clerk’s office.
Some counties and municipalities already
*ecognize domestic partnerships, including Dane County and the city of Milwaukee. But Maria Cadenas, executive director of the Cream City Foundation, an advocacy group on gay and transgender issues, said that for her and her partner, registering in Milwaukee only affected their gym membership.
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Gay marriage stalls as RI lawmakers wrap up
PROVIDENCE, R.I. — Rhode Island seems almost certain to remain the only New England state that does not recognize gay marriage after measures legalizing same-sex unions stalled just before the part-time General Assembly ended the bulk of its annual work.
None of the bills legalizing same-sex marriage in Rhode Island advanced to a floor vote this session, continuing a trend begun in 1997.
The lack of State House action on gay unions means that Rhode Island is unlikely to allow same-sex marriage anytime soon, despite decisions this year by lawmakers in New Hampshire, Maine and Vermont to join Connecticut and Massachusetts in legalizing marriage equality.
“I was hoping the momentum that was going around New England and the support we had in the House would get enough representatives to ask for it,” said Rep. Frank Ferri (D-Warwick), who is gay and sponsored same-sex marriage legislation. He and his partner wed in Canada.
Equally disappointed were marriage equality opponents, who wanted voters to be able to decide whether the state constitution should be changed to ban gay marriage.
“I think that if you put it to the voters on a statewide basis, gay marriage would fail,” said Rep. Jon Brien, D-Woonsocket.
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The New York Blade Suspends Publication
The New York Blade, one of the two major gay and lesbian newspapers in New York City, has laid off its editor in chief and suspended publication, the chief executive of its publishing company said on Wednesday.
“Everyone was let go, but the people on The Blade know that they may come back if The Blade is coming back,” said the executive, Matthew Bank, of HX Media, which was formed in 2005 by the merger of The Blade and HX Magazine.
The moves came on Tuesday after HX was sold to undisclosed buyers. The Blade, a biweekly paper with a free circulation of 22,000, was left with an uncertain future.
“It doesn’t have an issue scheduled until a week from Friday.” Mr. Bank said. “There are a lot of things that can happen between now and then.”
The decision to suspend publication comes at a particularly active period for journalism concerned with gay issues: the 40th anniversary of the Stonewall riots and the gay pride parade on Sunday, the proposed same-sex marriage bill in the State Senate and discontent over the Obama administration’s performance on gay-rights issues.
“It is an incredibly exciting time for gay journalism,” said Kat Long, who had been editor in chief of The Blade since February. “It’s important that gay papers are around to document it.”
Paul Schindler, editor in chief of Gay City News, the rival New York City gay newspaper, said The Blade had “made good contributions over the years.”
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On same-sex marriage/civil unions, the air is leaking out of the tire
ast month Texas Lyceum, a non-partisan, business-oriented group, released one of its periodic polls on current issues, and the results for the most part were what one would expect in a conservative state. By margins of about 2-to-1, Texas opposed any further bailouts for automakers or banks. An even bigger margin – including a majority of whites, blacks and Hispanics – supported the concept of a voter ID requirement.
But on one issue, the poll did raise some eyebrows. According to the survey, a majority of Texans would permit some form of same-sex union to be recognized: 25 percent favor same-sex marriage and 32 percent would allow civil unions, while 36 percent oppose either arrangement. Although Democrats and independents were more liberal on this issue than Republicans, a thin Republican majority – 14 percent for same-sex marriage, 37 percent for civil unions – now favor one arrangement or the other.
That indicates that Texans are more conservative than the rest of the country on this issue, but not dramatically so. A CBS News/New York Times poll conducted at about the same time showed that 33 percent of Americans favor same-sex marriage, 30 percent would permit civil unions and 32 percent oppose any legal recognition of same-sex or lesbian couples.
This national poll also showed opinions on the issue are shifting back and forth: In a CBS News/New York Times poll conducted in April, support for same-sex marriage was at 42 percent. That decrease in support could be a result of the rising visibility of the issue: In June, New Hampshire Gov. John Lynch signed a bill which made his state the sixth in the country to allow same-sex marriage.
The fact that attitudes in Texas aren’t greatly out of line with the rest of the country doesn’t portend any big changes in the law in this region of the country, any time soon. If same-sex marriage/civil unions had been polled last month in Tennessee or Alabama, opposition to either one would probably have been significantly higher. But it may be an indication that as a political issue which can easily get traction, the air is slowly leaking out of the tire.
Most of the states, and all the Southern states, have passed some form of Defense of Marriage Act, and all the Southern states except North Carolina have passed constitutional bans on same-sex marriage. This makes it less, not more likely that conservative candidates in these states will get much mileage out of the issue than they have in recent years. It’s much more likely that opposition to same-sex unions will galvanize votes in states like New Jersey or Pennsylvania, where changes in current laws are a greater possibility.
None of this is to say conservative candidates won’t be able to raise money and garner endorsements on the issue well into the next decade. But it’s noteworthy that the strongest opposition to gay marriage in nearly every poll comes from African-Americans, who aren’t likely to swing behind candidates who are conservative on other issues.
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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.
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Se3nate Power struggle impedes New York gay marriage vote
New York’s annual Gay Pride parade was a colorful celebration of 40 years of progress toward civil rights for gays, but once the dust settled, gay couples who wish to marry in New York state remain thwarted.
A bill to legalize gay marriage in the state that saw the dawn of the gay rights movement is mired in political stalemate in the state capital Albany, where Democrats and Republicans are battling over control of the state Senate.
“I had hoped today’s march would have been a bit of a wedding march. It’s not,” Christine Quinn, the gay speaker of the New York City Council, said at Sunday’s Gay Pride parade. Held annually, this year’s event marked the 40th anniversary of the Stonewall riots in New York’s Greenwich Village, which triggered the modern U.S. gay rights movement.
“We are disappointed. … But I know there have been other times our community has been disappointed and you need to keep fighting,” Quinn said at the start of the parade, which organizers said drew more than a million people.
Gay couples can marry in Massachusetts, Connecticut and Iowa and will be allowed marry in Vermont starting in September and in New Hampshire from January. Other states offer same-sex unions that grant many of the same rights as marriage.
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Gay rights mean different things to different generations of community
Before there were domestic-partnership registries and commitment ceremonies, before same-sex marriages and civil unions — before the gay-rights movement, even — John McCluskey and Rudy Henry met, fell in love and harbored the notion that they could spend their lives making one another happy.
And for 50 years, the Tacoma men went about doing just that, all the while longing for social acceptance.
Even in gay-friendly San Francisco where they first lived together, they found it necessary to hide their relationship from prospective landlords, and on job applications they would sometimes lie about their marital status to avoid raising suspicion.
Decades later in 2006, at a coffee-shop concert on Seattle’s Capitol Hill, Amy Balliett and Jessica Trejo met and they, too, eventually fell in love.
In their 20s, the two had come out as lesbians at a time when young people could find support in groups on high school and college campuses, when they had gay role models in politics and on television, and when their parents probably knew people who were openly gay. By the time the two married in California last October, legal bonds between gays and lesbians were possible in several states.
Balliett and Trejo, Henry and McCluskey are like generational bookends to this modern gay-rights movement, launched 40 years ago this week after a group of activists at a small Manhattan bar called the Stonewall Inn stood up in violent protest to ongoing police harassment.
While older gays and younger ones share much the same agenda of equality, their needs within the movement are also divergent.
Young people, who have at times referred to their own post-gay movement, seek the protections of marriage equality as they form relationships and start families, while gays of their grandparents’ generation are more concerned about issues of aging — like survivor benefits and long-term care.
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Dodd Endorses Gay Marriage
Senator Christopher J. Dodd, Democrat of Connecticut, has changed his position on gay marriage, announcing over the weekend that he now supports it.
Mr. Dodd, who finds himself in a tough fight for reelection next year, had already backed civil unions, but had rejected endorsing gay marriage during his campaign for the Democratic presidential nomination in 2008.
His reversal comes on the heels of growing upset among gay activists toward President Obama and his administration, many of whom called the president’s decision last week to extend partnership benefits extension as a minor move,
In a blog post posted on his Senate Web site on Father’s Day, Mr. Dodd cast his decision to go all in for gay marriage in generational terms, writing that his two school-aged daughters have grown up around same-sex couples, some of whom have gotten married since it was legalized in Connecticut.
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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.”
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