yes, but...

There are been some advances in gay and lesbian equality recently. These include the Ninth Circuit Court ruling that California's Proposition 8 in unconstitutional, the signing of marriage equality laws in the states of Washington and Maryland, a federal district court in San Francisco ruling that the Defense of Marriage Act (DOMA) is unconstitutional, Maine activists getting a marriage equality ballot measure on the ballot for November, and even the New Jersey legislature passing marriage equality, although the governor vetoed the bill. Those are all positive signs, but...

This is where I keep getting stuck on the but (no pun intended). None of these positive advances are permanent or assured. The laws in Washington and Maryland are being challenged and will likely end up with a popular vote to overturn the laws this November, both court decisions can be overturned by higher courts (and let's be honest, our current Supreme Court is not one that seems to value individual rights - after all, corporations are also people according to the court), and Maine may vote not to have marriage equality. So although I recognized the importance of all these advances, I would like to see a permanent advance that won't potentially be overturned in court or at the ballot box.

Respect for Marriage Act

Yesterday the US Senate's Judiciary Committee approved the Respect for Marriage Act, which will repeal the section of the inappropriately named Defense of Marriage Act that prevents the federal government from recognizing valid same sex marriages. It was a 10 to 8 party line vote in the committee, with the Democrats voting for it and the Republicans opposed. I am proud that Dianne Feinstein of California sponsored the bill. The arguments that the Republicans made were offensive and lame. The bill will probably not come up for a vote in the full Senate, but this is a positive step. I want my government to acknowledge my marriage.

Also in the elections on Tuesday in a state Senate race in Iowa the Democrat won, thus continuing the Democratic control of the chamber. This is important because the majority leader, Mike Gronstal, has promised not to allow the Constitutional amendment to ban marriage equality to come to a vote while he is the majority leader.

On a personal note, my son Leo advanced from level 6 to level 7 in his swim lessons. In this level he will learn the butterfly. I'm proud of his accomplishment, since he now swims better than I do.

I also didn't realize how long it had been since I posted here. I'll try to check in more often.

the beginning of the end of DOMA?

Yesterday a federal district judge in Boston ruled in two cases that The Defense of Marriage Act or DOMA is unconstitutional. The first case was brought by the state of Massachusetts, which claimed that DOMA is unconstitutional because marriage laws are left to the states rather than the federal government under US law. The second case was brought by people legally married in Massachusetts who claimed that the federal government must treat all married people the same under federal law. The judge ruled in favor of the state and the couples (and three widows or widowers). This is a big deal, since most legal benefits of marriage come from federal rather than state law. The decisions will be appealed, first to the circuit court and then to the Supreme Court, which will take years. But I'm happy about the outcome. I would like my national government to recognize my valid marriage.


It was also pointed out to me that Oliver does have a blog, agayolive.blogspot.com. (Every time I try to make that a link that you can click on it doesn't work.) Welcome Oliver.

"My booty is on fire!", and a legal challenge to DOMA

Yesterday my son Leo had a playdate with our "godson" Alec. Leo was looking forward to this playdate for several days, so he was more wound up that a six year old boy with ADHD normally is. At one point he was running around yelling "My booty is on fire!" It wasn't. My thought was 'Where did a six year old learn the word "booty"? I think the last time I said the word "booty" was in 1976 in talking about KC and the Sunshine Band's song "Shake Your Booty". There was a movie called "Booty Call" I think, but I certainly didn't see it.

On a more serious note, I saw a few days ago that the hearing for the challenge to section 3 of DOMA (the Defense of Marriage Act) will be next month. This could be a really big advance for gays and lesbians in the US if section 3 of DOMA is overturned. Section 3 is the part of the law that states that the federal government won't recognize valid same sex marriages from any state. If this is overturned, it would mean that couples from states without marriage equality could travel to states with marriage equality, get married there, and return home with recognition from the national government. I think that this could be a more important case that the challenge to Prop 8 here in California. But I'm not a lawyer and can't say how all this will turn out.

I decided that I didn't want to keep using aliases for everyone that I mention in this blog. So I'm using the names of my mother in law, father in law and godson.

I also wanted to welcome a new follower, the_only_lorraine_copycat. Welcome. I can't tell if you have a blog of your own or anything about you, so if you care to you can tell us about you or your blog.

running, marriage equality

I went for my usual three times a week run last night. It was not nearly as cold as the last few weeks, 48 F when I got back. I enjoy running. The activity helps me feel energetic, and I think that it helps with stress. I don't feel right when I can't run. I broke a toe a few years ago and really missed it when I couldn't run.

The DC (that's Washington, DC) city council passed a marriage law this week. It should be signed by the mayor soon. Congress can overturn it, but with the Democrats in control probably won't. Nancy Pelosi probably won't let it come up for a vote. Every state that passes marriage equality (that's the term that I prefer - it emphasizes that we only want what everyone else already has) is a big plus. I am hopefully that here in California we can overturn Prop 8 with another proposition in 2012. I am also interested in the challenge to Prop 8 in federal court - that trial starts in less than a month. Another legal challenge is Massachusetts' challenge to the Defense of Marriage Act. I think that if the judges would objectively review that lawsuit without anti-gay bias then DOMA will be declared unconstitutional. I'm trying to do my part to change people's minds and perceptions about gays. I'm as out as I can be, I talk about my husband and son, I have a marriage equality sign in my front yard and on my car. I also want to be out for those who can't be out yet - Poppy, Jeremy, John, Mikey, the baseball guy whose name I can't remember, and others whose blogs I read. I feel very fortunate to have married my husband last year while it was legal to do so in California. Hopefully when you guys are ready to marry your guy it will be legal everywhere. I guess that it already is for you in South Africa, Poppy.