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.
Showing posts with label Prop 8. Show all posts
Showing posts with label Prop 8. Show all posts
Tuesday, March 6, 2012
Thursday, November 17, 2011
another step on Prop 8
Today the California State Supreme Court ruled that the backers of Prop 8 do have state standing to defend Prop 8 in court. So the case goes back to the Ninth Circuit court for a hearing on December 8. As I understand it, the judges will decide if the backers of Prop 8 have federal standing and will also decide on the merits of the case. Legal matters seem to take forever.
Friday, September 9, 2011
Prop 8, again
I watched the recording of the California Supreme Court's recent hearing on Prop 8, the state Constitutional amendment that outlawed same sex marriages. The legal issue this time is a question from the United States Ninth Circuit court asking if under California law the proponents of Prop 8 can defend the law in court since the governor and state attorney general said that Prop 8 was unconstitutional and refused to defend it. It was interesting to watch. The Prop 8 proponents argue that if they are unable to defend propositions the governor and attorney general can essentially nullify a law in federal court by refusing to defend it. I can see their point, and I think that the court will agree with them. But in my opinion the legal argument by Ted Olson, the anti-Prop 8 lawyer, was much better. The California Constitution specifically says that the people have legislative power through the initiative process to propose and pass laws, as happened with Prop 8, but there is no executive branch power to defend the law in court. That power is expressly given only to the governor and attorney general. Olson argued that giving that power to the proponents would violate the separation of powers in the Constitution. It will be interesting to see what the court decides. Ultimately, even if the court says that the proponents do have "standing" to defend the law under California law, that does not mean that the meet the federal standards to defend it in federal court. If they do not have standing, Prop 8 would be unconstitutional and marriage equality would return to California. That would be great, but I really want all Americans to have marriage equality. My best case scenario would be for this case to reach the US Supreme Court and have Prop 8 and all laws that forbid marriage equality declared unconstitutional. Then I might feel like a full citizen with all the rights that other Americans have.
Monday, May 16, 2011
I'm back
After over 2 months I am finally back. I wasn't planning to take a long break but it just seemed to happen. Work got very busy, family life was busy, you know how it goes.
My son and I took a vacation to visit my parents during his spring break. My dad annoys my husband too much for David to come along. The two of us had a good trip, but I left Leo's favorite bathing suit - the one that is too small - at home and he decided that he didn't want to go to the beach, which is normally one of his favorite places, in the other bathing suit. I got to spend some time with my sister, brother in law and my niece, who is 16 months old. She never got used to me and wouldn't let me hold her. It's also amazing to me how much she looks like my sister. I'm enough older than my sister to remember what she looked like as a kid, and my niece looks like a clone of her. What's really strange is that my niece looked just like her father and not at all like my sister when she was born. Someone commented that it is adaptive for children to look like their fathers at birth - it confirms that the father is indeed the father and strengthens father-child bonds. I guess that I had not thought of it in Darwinian terms like that.
There doesn't seem to be a lot happening in gay and lesbian news lately. Next month there is a hearing in the Prop 8 trial. The pro-Prop 8 side is claiming that Judge Walker was biased because he is gay. I don't think that will work too well. Then several more months until the California Supreme Court considers whether the Prop 8 backers have standing to appeal the district court's decision. I don't think that they do, and California Attorney General Kamala Harris agreed in her amicus brief. I also hope that New York can pass marriage equality legislation. But Rhode Island failed to and seems to be headed toward Domestic Partnerships instead. And Minnesota may have a constitutional amendment to ban marriage equality in 2012. More evidence of why I have never been able to trust a Republican politician.
My son and I took a vacation to visit my parents during his spring break. My dad annoys my husband too much for David to come along. The two of us had a good trip, but I left Leo's favorite bathing suit - the one that is too small - at home and he decided that he didn't want to go to the beach, which is normally one of his favorite places, in the other bathing suit. I got to spend some time with my sister, brother in law and my niece, who is 16 months old. She never got used to me and wouldn't let me hold her. It's also amazing to me how much she looks like my sister. I'm enough older than my sister to remember what she looked like as a kid, and my niece looks like a clone of her. What's really strange is that my niece looked just like her father and not at all like my sister when she was born. Someone commented that it is adaptive for children to look like their fathers at birth - it confirms that the father is indeed the father and strengthens father-child bonds. I guess that I had not thought of it in Darwinian terms like that.
There doesn't seem to be a lot happening in gay and lesbian news lately. Next month there is a hearing in the Prop 8 trial. The pro-Prop 8 side is claiming that Judge Walker was biased because he is gay. I don't think that will work too well. Then several more months until the California Supreme Court considers whether the Prop 8 backers have standing to appeal the district court's decision. I don't think that they do, and California Attorney General Kamala Harris agreed in her amicus brief. I also hope that New York can pass marriage equality legislation. But Rhode Island failed to and seems to be headed toward Domestic Partnerships instead. And Minnesota may have a constitutional amendment to ban marriage equality in 2012. More evidence of why I have never been able to trust a Republican politician.
Tuesday, November 9, 2010
I should be careful what I wish for
It now looks like Steve Cooley, the Republican District Attorney from Los Angeles, will win the election for California state Attorney General. He moved ahead of Kamala Harris, the Democratic District Attorney from San Francisco, as more of the absentee ballots are counted. The absentee ballots often favor Republicans, since older, whiter and richer people are more likely to vote by absentee. (I always vote that way since it's easier - the ballot comes in the mail and I can fill it out at home and send it in and avoid the polling places. Any registered voter can be a "permanent absentee" voter. Why not have all elections that way and save money?) So now Prop 8 and its supporters have the California Attorney General defending it. But the next trial starts in less than a month, before he takes office. So will the courts let him defend it? Who knows? If the case is appealed to the US Supreme Court he can defend it there. Plus now our Attorney General will be reluctant to defend gay rights or any other progressive/liberal group or law.
Friday, November 5, 2010
long time, US elections
Hi again. It's been too long since I posted, but not much has happened.
The big news is the midterm elections here in the US. "Midterm" means half way between Presidential elections, when all of the House and 1/3 of the Senate are up for re-election, plus many state and local elections. The GOPs (which is an acronym for Grand Old Party, or the Republicans - why are they grand and old? The Democratic party is older and the Republicans are not grand) regained control of the House and lowered the Democratic margin in the Senate. Some good people won't come back to DC - Russ Feingold in the Senate and Patrick Murphy in the House come to mind first. The New Hampshire legislature will have Republican majorities that can undo the same sex marriage law, and they have a veto-proof margin, so the Democratic governor can't stop it. But the most upsetting elections to me were the ouster of three judges in Iowa who ruled that marriage discrimination was unconstitutional under state law. Why get rid of a judge for upholding the law? Bigotry has no limits, I guess.
One election that has not been decided since the votes are still being counted is the state Attorney General here in California. Kamala Harris, the Democrat from San Francisco, has a very small lead over Steve Cooley, the Republican from LA. The legal strategist in me (that is a joke) wonders how that outcome might affect Prop 8. The current governor and Attorney General, who is also the governor-elect, refused to defend Prop 8 in court, so its backers did. But whether they have legal standing to defend it is an issue. If Cooley wins, he will defend it, but will the courts let him since he wasn't in office when the case was argued in the district court? If the appeals court finds that the backers of Prop 8 don't have standing, and the only people who do, the governor and Attorney General, refuse to appeal, the courts may let the ruling that 8 is unconstitutional stand. Then the backers would likely ask the US Supreme Court to take the case. But it has been the conservatives on the Supreme Court who have made standing so narrow. I believe that Justice Scalia and a few others won't let a technicality like the law get in the way of their religiously based biases against gays and lesbians. But how would the Supreme Court rule? The court generally tries to duck controversial issues like this if it possibly can - look at the Newdow ruling about the words "under God" in the pledge of allegiance case. This would all be interesting to ponder if people's lives weren't at stake. And lives really are on the line every time a court decides a case about gays and lesbians. Because when the government says that it is OK to discriminate against gays and lesbians, kids see that and take it as tacit approval of bullying or as another sign that everyone is against them. I remember how devastating the Bowers versus Hardwick decision finding that gays don't have a right to have sexual intercourse was in the 1980s and don't want to see something like that for marriage equality.
The big news is the midterm elections here in the US. "Midterm" means half way between Presidential elections, when all of the House and 1/3 of the Senate are up for re-election, plus many state and local elections. The GOPs (which is an acronym for Grand Old Party, or the Republicans - why are they grand and old? The Democratic party is older and the Republicans are not grand) regained control of the House and lowered the Democratic margin in the Senate. Some good people won't come back to DC - Russ Feingold in the Senate and Patrick Murphy in the House come to mind first. The New Hampshire legislature will have Republican majorities that can undo the same sex marriage law, and they have a veto-proof margin, so the Democratic governor can't stop it. But the most upsetting elections to me were the ouster of three judges in Iowa who ruled that marriage discrimination was unconstitutional under state law. Why get rid of a judge for upholding the law? Bigotry has no limits, I guess.
One election that has not been decided since the votes are still being counted is the state Attorney General here in California. Kamala Harris, the Democrat from San Francisco, has a very small lead over Steve Cooley, the Republican from LA. The legal strategist in me (that is a joke) wonders how that outcome might affect Prop 8. The current governor and Attorney General, who is also the governor-elect, refused to defend Prop 8 in court, so its backers did. But whether they have legal standing to defend it is an issue. If Cooley wins, he will defend it, but will the courts let him since he wasn't in office when the case was argued in the district court? If the appeals court finds that the backers of Prop 8 don't have standing, and the only people who do, the governor and Attorney General, refuse to appeal, the courts may let the ruling that 8 is unconstitutional stand. Then the backers would likely ask the US Supreme Court to take the case. But it has been the conservatives on the Supreme Court who have made standing so narrow. I believe that Justice Scalia and a few others won't let a technicality like the law get in the way of their religiously based biases against gays and lesbians. But how would the Supreme Court rule? The court generally tries to duck controversial issues like this if it possibly can - look at the Newdow ruling about the words "under God" in the pledge of allegiance case. This would all be interesting to ponder if people's lives weren't at stake. And lives really are on the line every time a court decides a case about gays and lesbians. Because when the government says that it is OK to discriminate against gays and lesbians, kids see that and take it as tacit approval of bullying or as another sign that everyone is against them. I remember how devastating the Bowers versus Hardwick decision finding that gays don't have a right to have sexual intercourse was in the 1980s and don't want to see something like that for marriage equality.
Thursday, October 14, 2010
this is progress, right?
Gay issues have been in the news here in the US lately. A federal district judge in Southern California declared "Don't Ask, Don't Tell" unconstitutional and issued an injunction preventing discharges or investigations of gay or lesbian service members. But our President, who opposes the law and wants it repealed but did little or nothing to get it passed in the Senate, says that he has to appeal the judge's decision - no, you don't, you don't have to defend laws that have been declared unconstitutional that you disagree with. So it could be a long time until DADT is officially over.
The state of Florida's Department of Childrens' Services (I think that I got the name right) has decided not to appeal a state district court's decision that barring all gays and lesbians from adopting is unconstitutional. But the state attorney general might decide on his own to appeal, so that law might still be enforceable.
A federal district judge in Massachusetts declared that the part of the Defense of Marriage Act that prevents the federal government from recognizing valid marriages of same sex couples is unconstitutional. But the Obama administration has decided to appeal those two related decisions as well.
The spate of recent suicides by young gays and a lesbian has gotten press lately, which is a good thing. But is change really happening in middle and high schools were the problems really are?
The Prop 8 trial will be in early December, so again a wait for the legal process to slowly grind toward a conclusion.
I saw a moving speech by Joel Burns, the first gay elected official in the history of Fort Worth, Texas, at a recent city council meeting. He talked about his experiences but became too emotional to read a few sentences talking about his darkest times when he was a gay teen.
So I guess that I would like to see real progress, not potential progress that gets appealed and is in the legal system for years. Lives are being lost now, so I want the lives of gays and lesbians, especially the young ones, to improve now.
The state of Florida's Department of Childrens' Services (I think that I got the name right) has decided not to appeal a state district court's decision that barring all gays and lesbians from adopting is unconstitutional. But the state attorney general might decide on his own to appeal, so that law might still be enforceable.
A federal district judge in Massachusetts declared that the part of the Defense of Marriage Act that prevents the federal government from recognizing valid marriages of same sex couples is unconstitutional. But the Obama administration has decided to appeal those two related decisions as well.
The spate of recent suicides by young gays and a lesbian has gotten press lately, which is a good thing. But is change really happening in middle and high schools were the problems really are?
The Prop 8 trial will be in early December, so again a wait for the legal process to slowly grind toward a conclusion.
I saw a moving speech by Joel Burns, the first gay elected official in the history of Fort Worth, Texas, at a recent city council meeting. He talked about his experiences but became too emotional to read a few sentences talking about his darkest times when he was a gay teen.
So I guess that I would like to see real progress, not potential progress that gets appealed and is in the legal system for years. Lives are being lost now, so I want the lives of gays and lesbians, especially the young ones, to improve now.
Saturday, August 7, 2010
a small step toward marriage equality?
By now everyone has heard about Prop 8 being declared unconstitutional by a federal district judge in San Francisco. That is great, but I have to wonder where this will end up. Will the Ninth Circuit Court, and later the Supreme Court, agree, or will one or the other overturn the decision? It all comes down to nine people in DC, their personal beliefs (and biases). I remember the huge disappointment in 1986 or '87 when the Supreme Court surprised the gay community and upheld rather than overturned Georgia's sodomy law. (I grew up and was living in Georgia at the time, so it hit me personally very hard.) And even if the law is ruled unconstitutional in the end, will it only affect California? Or will it be used to overturn anti-marriage equality laws and constitutional amendments in other states? I always get nervous thinking about this - having basic human rights of a minority up for a vote by the majority. I did donate money to the American Foundation for Equal Rights, the organization that brought the lawsuit. The trial also reminded me to always give people the chance to do the right thing. I did not like Ted Olson when he argued Bush versus Gore in the Supreme Court, or when he was Solicitor General in the Bush administration. But he did the right thing in this case. Even Republicans can do the right thing on occasion.
Monday, April 12, 2010
"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.
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.
Friday, January 1, 2010
New Year's Day
Today begins a new year, and a new decade (well, you can argue about when the new decade begins, but I won't go there). I do look forward to some things in the new year. David, Leo and I are planning at trip back to the town that I grew up in during Leo's spring break from school. It happens to fall over Easter this year, so we'll be able to go to my extended family's Easter get together. I obviously don't celebrate Easter, but getting together with my extended family is always enjoyable. I have hopes for the federal trial challenging Prop 8 in California based on federal instead of state law. I have more hope for Massachusetts' challenge to part 3 of the Defense of Marriage Act, but that isn't near trial yet.
I also hope that the world will become a better, more peaceful and more interconnected place in the next year. Perhaps some of the division in the United States and the world will lessen. I would like to see the US end at least one of the wars that we are involved in. I would like to see our President live up to more of his campaign promises, especially being the "fierce advocate" that he said that he would be for gay and lesbian rights.
I don't normally make New Year's resolutions, but I will try to continue some of the goals that I have been working on. I hope to be more dedicated to meditating each day. I know the days that are more difficult to fit meditation into my schedule and will work on five or ten minutes on those days. I will also try to be more mindful. It wasn't until I began to meditate and study Buddhism that I realized how little of the time I am actually aware of what I am doing. I'm often on autopilot, thinking of something else, the past or future, a movie or book, or how I want or would like the present to be instead of just being present with the current moment. It sounds simple to be present in each moment, until you try it. So I'm practing being present as much as I can.
I will also try to keep up with friends, family and people I've met online. I haven't been here on blogger long but have enjoyed reading other's blogs and interacting with them. This may sound strange to the younger gay guys that might read this, but blogs have given me a way to express my "gay uncle" feelings. What I mean is that since I became a father six years ago, I realize that I have strong paternal feelings. I also have similar feelings toward younger gay guys - not paternal because I'm obviously not their father, but similar feelings that I have toward relatives of mine - like the younger gay guys are part of my extended family. In a way, they are. I want to help the young guys who can't come out to their families or sports teams. Maybe I can help by giving some advice, or listening when they want to talk or vent frustrations. I have gone through much of what is happening in their lives, so I understand, perhaps in a way that their straight parents can't. So if anyone wants to take me up on that, email me.
That reminds me that when David and I talked about becoming fathers, he suggested adopting or becoming foster parents to gay teens that had been rejected by their families. I admired that, and he still wants to do that when Leo is older. But I wanted the whole experience of parenting, from infancy to adulthood, so we adopted Leo when he was a newborn. Parenting turned out to be much tougher than I realized.
I hope everyone else can have a good year as well. I end this with a wish from my metta or lovingkindness meditation that I practice.
May you be well.
May you be happy and peaceful.
May no harm come to you.
May you be free of greed, selfishness and jealousy.
May you be able to face life's problems with patience, courage and understanding.
I also hope that the world will become a better, more peaceful and more interconnected place in the next year. Perhaps some of the division in the United States and the world will lessen. I would like to see the US end at least one of the wars that we are involved in. I would like to see our President live up to more of his campaign promises, especially being the "fierce advocate" that he said that he would be for gay and lesbian rights.
I don't normally make New Year's resolutions, but I will try to continue some of the goals that I have been working on. I hope to be more dedicated to meditating each day. I know the days that are more difficult to fit meditation into my schedule and will work on five or ten minutes on those days. I will also try to be more mindful. It wasn't until I began to meditate and study Buddhism that I realized how little of the time I am actually aware of what I am doing. I'm often on autopilot, thinking of something else, the past or future, a movie or book, or how I want or would like the present to be instead of just being present with the current moment. It sounds simple to be present in each moment, until you try it. So I'm practing being present as much as I can.
I will also try to keep up with friends, family and people I've met online. I haven't been here on blogger long but have enjoyed reading other's blogs and interacting with them. This may sound strange to the younger gay guys that might read this, but blogs have given me a way to express my "gay uncle" feelings. What I mean is that since I became a father six years ago, I realize that I have strong paternal feelings. I also have similar feelings toward younger gay guys - not paternal because I'm obviously not their father, but similar feelings that I have toward relatives of mine - like the younger gay guys are part of my extended family. In a way, they are. I want to help the young guys who can't come out to their families or sports teams. Maybe I can help by giving some advice, or listening when they want to talk or vent frustrations. I have gone through much of what is happening in their lives, so I understand, perhaps in a way that their straight parents can't. So if anyone wants to take me up on that, email me.
That reminds me that when David and I talked about becoming fathers, he suggested adopting or becoming foster parents to gay teens that had been rejected by their families. I admired that, and he still wants to do that when Leo is older. But I wanted the whole experience of parenting, from infancy to adulthood, so we adopted Leo when he was a newborn. Parenting turned out to be much tougher than I realized.
I hope everyone else can have a good year as well. I end this with a wish from my metta or lovingkindness meditation that I practice.
May you be well.
May you be happy and peaceful.
May no harm come to you.
May you be free of greed, selfishness and jealousy.
May you be able to face life's problems with patience, courage and understanding.
Thursday, December 17, 2009
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.
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.
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