Moves to repeal same-sex marriage in Iowa and NH fail

Obama promises DADT repeal in SOTU address, activists unimpressed

S.F. Chronicle says judge in Prop 8 case is gay

National ACT UP-like network forming

SF gay chorus visits Prop 8 territory

Lambda, ACLU to sue over Hawaii civil-union bill

Cindy McCain joins NOH8 Campaign

Lambda sues feds over spousal benefits

Federal Prop 8 trial pauses

 

Moves to repeal same-sex marriage in Iowa and NH fail

Iowa legislators opposed to same-sex marriage were unable to force
resolutions out of House and Senate committees Feb. 9 in support of a
statewide vote to amend the constitution to re-ban gay nuptials.

Nineteen senators signed a petition to get the Senate measure out of
committee, but 26 signatures were needed.

In the House of Representatives, a vote to push the measure out of committee
failed 45 to 54.

A recent poll found that 62 percent of Iowans don't think the Legislature
should tackle the issue.

Same-sex marriage became legal in Iowa in April 2009 courtesy of the state
Supreme Court.

A spokesman for the state's main gay rights group, One Iowa, expressed
relief at the developments but warned against the gay side's letting down
its guard.

"Our opponents are ruthless and will stop at nothing to take away the
freedom to marry," said Communications Director Justin Uebelhor.

"There were four legislative attempts to undermine the Supreme Court's
ruling last year, and we expect more political attacks this year. We don't
want to take anything for granted and are communicating this message to our
supporters and media on the ground. In addition to the constitutional
amendment, a religious-exemption bill has already been proposed, and we have
to be vigilant of any attempts to chip away at the ruling."

Also on Feb. 9, a committee of the New Hampshire House of Representatives
overwhelmingly killed two bills aimed at re-banning same-sex marriage.

One bill called for a public vote on gay marriage. The other would have
repealed the law that legalized it.

In addition to being allowed in Iowa and New Hampshire, same-sex marriage is
legal in Connecticut, Massachusetts and Vermont. It also is legal in
Belgium, Canada, the Netherlands, Norway, South Africa, Spain and Sweden-and
in Argentina's Tierra del Fuego province. It will become legal in
Washington, D.C., in March and in Portugal later this year.

 

Obama promises DADT repeal in SOTU address, activists unimpressed

During the State of the Union address Jan. 27, President Barack Obama
suggested the "Don't Ask, Don't Tell" military gay ban could be repealed
this year.

"This year, I will work with Congress and our military to finally repeal the
law that denies gay Americans the right to serve the country they love
because of who they are. It's the right thing to do," he said.

In general, gay activists and commentators were unimpressed with the two
sentences because Obama didn't give himself a deadline for ending DADT, and
he again ignored the fact that he could issue an executive order today
suspending the ban's enforcement while he waits for Congress to act.

"No real specifics. We better get some soon," said prominent gay blogger
Andy Towle of Towleroad.com. "Obama just seemed to repeat the status quo."

National Gay and Lesbian Task Force Executive Director Rea Carey said:
"While we know the State of the Union speech aims to present broad visions,
the next time President Obama speaks to or about our community, he must
provide a concrete blueprint for his leadership and action moving
forward-this includes his willingness to stop the discharges happening on
his watch until Congress can fulfill its responsibility to overturn the law.
The time for broad statements is over."

At least one prominent gay blogger, however, liked what he heard.

"I think it was good," said AMERICAblog's John Aravosis, who has
unrelentingly criticized Obama for failure to deliver on his big campaign
promises to LGBT people.

"The President said 'this year,'" Aravosis wrote. "That's a timeline, baby.
The President said he would work with Congress and the military. He didn't
call on Congress to act, putting the burden on them, which many of us feared
he might. He took responsibility for working with Congress and the military.
That's good. He said 'repeal.' He didn't say 'change,' which he and his
people have been saying a lot lately, especially in front of straight
audiences... He added the 'it's the right thing to do' remark. That wasn't
in his prepared statements. It's subtle, but it means he knows this specific
promise matters... Now he's on the clock."

The Log Cabin Republicans, meanwhile, were wholly unimpressed with the
president's speech.

"President Obama is more concerned about protecting the rights of terrorists
than he is about the rights of gay and lesbian Americans who are putting
their lives on the line every day fighting to preserve peace and democracy
in Iraq and Afghanistan," said spokesman Charles Moran.

The Family Research Council responded to the State of the Union address by
warning that allowing gays to be out in the military will lead to an
increase in sex crimes.

"Forcing soldiers to cohabit with people who view them as sexual objects
would inevitably lead to increased sexual tension, sexual harassment and
even sexual assault," the group said in an action alert.

 

S.F. Chronicle says judge in Prop 8 case is gay

Vaughn Walker, the judge hearing the federal same-sex marriage case in San
Francisco, "is himself gay," the San Francisco Chronicle reported Feb. 7.

The case, featuring famous lawyers Ted Olson and David Boies on the gay
side, seeks to overturn Proposition 8, California's voter-passed
constitutional ban on gay marriage, as a violation of the U.S.
Constitution's guarantees of due process and equal protection under the law.

"Many gay politicians in San Francisco and lawyers who have had dealings
with Walker say the 65-year-old jurist, appointed to the bench by President
George H.W. Bush in 1989, has never taken pains to disguise-or advertise-his
orientation," the Chronicle said.

Asked by the paper if he had "any concerns about being characterized as
gay," Walker responded, "No comment."

Right after the interview was conducted, however, another judge contacted
the paper, identified himself as Walker's friend, said he had spoken with
Walker, and expressed concern that "people will come to the conclusion that
[Walker] wants to conceal his sexuality."

"He has a private life and he doesn't conceal it, but doesn't think it is
relevant to his decisions in any case, and he doesn't bring it to bear in
any decisions," said the second judge, who agreed that Walker's sexual
orientation is "newsworthy"-in the same way it would be newsworthy if a
Jewish judge were hearing a case involving the Anti-Defamation League, the
Chronicle said.

A lawyer for the pro-Prop-8 side, Andy Pugno, said his team won't do
anything with the revelation.

"We are not going to say anything about that," he told the Chronicle.

The National Organization for Marriage, however, might feel less restrained.

In a letter to supporters about the Chronicle article, Executive Director
Brian Brown alleged: "We do know one really big important fact about Judge
Walker: He's been an amazingly biased and one-sided force throughout this
trial, far more akin to an activist than a neutral referee. That's no secret
at all."

The trial is expected to resume sometime in March or April for closing
arguments.

Gay lawyers, activists and others who followed the testimony have asserted,
nearly unanimously, that the gay side won the case in a landslide.

Walker's ruling likely will see appeal to the 9th U.S. Circuit Court of
Appeals and then to the U.S. Supreme Court.

If successful, the lawsuit could bring about the legalization of same-sex
marriage nationwide. If unsuccessful, it could have the effect of stopping
the movement for same-sex marriage dead in its tracks for possibly a
generation.

 

National ACT UP-like network forming

Around 45 LGBT activists of varying national stature met at the Highlander
Research and Education Center in rural Tennessee in late January to create a
new national LGBT direct-action movement.

"We had one thing on our agenda: Discuss ways to build a national network of
activists to demand full equality now," said Kip Williams and Robin McGehee,
who are best known as key organizers of last year's National Equality March
on Washington, D.C.

"We believe that it is time to escalate our demands through coordinated
nationwide nonviolent direct action, and we hope to build a broad base of
organizers to work with all who struggle for justice and dignity in their
lives," they said.

The gathering reportedly was invitation-only and all-expenses-paid. No press
releases have been issued and details of who was there and what happened
have been difficult to come by, though Williams and McGehee answered
questions from this reporter by e-mail.

Veteran New York City activist Ann Northrop was among the attendees. Writer
Dan Savage and activist legend Cleve Jones were invited but didn't go.

According to veteran activist Larry Kramer, the gathering was "bankrolled"
by Jonathan Lewis, the son of one of the founders of Progressive Auto
Insurance. Richard Socarides, who was President Bill Clinton's adviser on
gay issues, was "involved with helping him set it up," Kramer said.

"They had one open meeting at the [LGBT] center here [in New York City] to
see if there was activist energy and they seemed to be pleased there was,"
Kramer said. "The people invited to Tennessee were people that were known
activists, mostly younger ones who had helped Cleve on the march."

Williams and McGehee said the people who attended the gathering are "sick of
delays, compromises and excuses."

"Some who joined us have been activists for many years; some are new to the
movement-all brought a vast depth of knowledge and a readiness to fight for
a more just and equal world for all," they said.

Without mentioning names, Williams and McGehee said of the attendees: "Some
have worked on national LGBTQ issues, such as ACT UP, Equality Across
America and Join the Impact; some were connected to organizations outside of
LGBTQ rights, such as PETA, Presente.org, Unite Here, Colorofchange.org,
Greenpeace, etc. In our outreach we purposefully looked for those who were
supporting and advocating for LGBTQ working people, communities of color,
and trans rights."

Williams and McGehee said there was nothing "secret" or exclusive about the
gathering, but there were limited resources and space.

"We know that many people across the country feel the same way, and that
many have been actively working within their own communities for a long
time," they said.

"The Highlander Center can comfortably accommodate about 35 people, and we
broke those limits because we wanted more people to participate in the
conversation.

"We had no secrets, only limited space and resources, and a very short time
to organize this retreat. We wish we could have invited thousands. We want
to work with everyone to help inspire our community to bold action... We
want to make the White House and Congress take notice. And we want everyone
who stands in the way of full equality to be held accountable and wonder
what just hit them."

For more information or to join the network, e-mail kip@neworganizing.com.

Among the famous people who have trained at the Highlander Center over the
years were Rosa Parks and Martin Luther King Jr.

 

SF gay chorus visits Prop 8 territory

The San Francisco Gay Men's Chorus went on tour into Prop 8 territory in
late January to the California cities of Redding and Chico.

Additional forays will take the group to Bakersfield, Fresno and Tracy. The
counties the five cities are in voted to re-ban same-sex marriage at levels
of 57 percent to 75 percent, although voters in the city of Chico itself
opposed Prop 8.

The Jan. 30 performance at Redding's 1,000-seat Cascade Theatre and the Jan.
31 performance at Chico's 450-seat Harlen Adams Theatre both sold out. The
group received a standing ovation in Chico.

"Before Prop 8 passed, we were planning to go to Europe in 2010," said
chorus Executive Director Teddy Witherington. "The shock of losing our
marriage rights caused us to rethink our priorities as an organization. Upon
reflection, we have decided to eat our vegetables before having dessert...
We believe to accept us, you have to know us."

The tour is being presented in association with Parents, Families and
Friends of Lesbian and Gays and is teamed with a local charity in each city.
All proceeds are split by the local charity and PFLAG.

 "The song I wrote, 'We Are Coming Out,' was the leadoff song in both
concerts, and the crowd responded with excited applause and whistles," said
chorus member Sean Chapin.

 "I was deeply touched. Moreover, it was just the beginning of a magnificent
array of songs that elevated the spirits of the audience members and gave a
valiant challenge to those hearts blanketed with carefully taught ignorance
and fear."

 

Lambda, ACLU to sue over Hawaii civil-union bill

Lambda Legal and the American Civil Liberties Union of Hawaii said Feb. 1
they will sue the state of Hawaii over the Legislature's failure to pass a
civil-union bill.

The Hawaii Senate approved the measure Jan. 22 by a veto-proof 18-7
majority, sending the bill back to the House of Representatives for a
conforming vote. Although the House had passed the bill 33-17 last year,
House members used an anonymous voice vote Jan. 29 to kill the measure this
time around.

"Enough is enough," said Lambda's Jennifer Pizer. "Infinite patience in the
face of discrimination is irresponsible. Our clients suffer every day from
unfair taxes and denial of basic legal protections that every family in
Hawaii needs."

Same-sex couples cannot sue for marriage in Hawaii because the state
constitution restricts marriage to opposite-sex couples. But Lambda and the
ACLU said the constitution still guarantees everyone equal rights.

The civil-union bill would have granted united couples all state-level
rights and obligations of marriage, withholding only the word.

 

Cindy McCain joins NOH8 Campaign

Cindy McCain, wife of the former presidential candidate, U.S. Sen. John
McCain, has joined the NOH8 Campaign against California's Proposition 8.

She posed for photos with duct tape over her mouth and a "NOH8" tattoo on
her cheek.

"In the year since we've started the NOH8 Campaign, we've often been
surprised at some of the different individuals who have approached us
showing their support," the group said.

 "Few, though, have surprised us more than Cindy McCain... The McCains are
one of the most well-known Republican families in recent history, and for
Mrs. McCain to have reached out to us to offer her support truly means a
lot. Although we had worked with Meghan McCain before and were aware of her
own position, we'd never really thought the cause might be something her
mother would get behind. We have a huge amount of respect for both of these
women for being brave enough to make it known they support equal marriage
rights for all Americans."

Sen. McCain issued a statement saying he disagrees with his wife. "The
sanctity of marriage is only defined as between one man and one woman," he
said.

The NOH8 Campaign is a photo project and silent protest created by celebrity
photographer Adam Bouska and partner Jeff Parshley.

 

Lambda sues feds over spousal benefits

Lambda Legal sued the federal government in U.S. District Court in San
Francisco Jan. 20, seeking to force the U.S. Office of Personnel Management
to obey rulings by Judge Alex Kozinski of the 9th U.S. Circuit Court of
Appeals that awarded spousal health-insurance benefits to a 9th Circuit
employee, lawyer Karen Golinski.

Last January, Kozinski ruled that denying Golinski spousal health insurance
for her wife, Amy Cunninghis, was illegal discrimination. He ordered the
Administrative Office of the U.S. Courts to submit Golinski's
health-benefits election form to her insurer, Blue Cross/Blue Shield.

OPM then instructed Blue Cross not to comply.

"It's a bit shocking that we've reached this point with the Obama
administration," said Lambda attorney Jennifer Pizer. "Where is our 'fierce
advocate' for LGBT rights?"

Kozinski issued another ruling in November asserting that he has
authority-under the 9th Circuit's Employment Dispute Resolution Plan and the
U.S. Constitution's separation-of-powers doctrine-to interpret laws
governing the rights of judicial employees. He gave OPM 30 days to comply
with, or appeal, his original order.

OPM did neither and instead issued a press release saying Kozinski's order
was not binding and that the U.S. Department of Justice had advised OPM not
to comply with it because of the Defense of Marriage Act, a Clinton-era
federal law that bars the U.S. government from recognizing gay marriages.

Kozinski then declared that his rulings against OPM were conclusive and
binding.

The lawsuit asks the federal district court to order OPM to rescind its
instruction to Blue Cross/Blue Shield not to enroll Cunninghis in Golinski's
family health insurance plan.

 

 

Federal Prop 8 trial pauses

The trial in the federal case against Proposition 8 paused Jan. 27 after the
final witness testified at U.S. District Court in San Francisco.

Judge Vaughn Walker plans to review the evidence, then call the attorneys
back for closing arguments, likely in March.

Gay lawyers, activists and others who followed the trial predicted, nearly
unanimously, that gays won the case in a landslide.

"What stands out the most after having seen all the witnesses on both sides
is how overwhelmingly one-sided the evidence in this case turned out to be,"
said Shannon Minter, legal director of the National Center for Lesbian
Rights, who covered the trial for the Pam's House Blend blog.

"The plaintiffs, represented by some of the most skilled attorneys in the
country, laid out a well-crafted, meticulous case, backed by the testimony
of half a dozen of the most respected historians, psychologists, economists
and political scientists who study marriage, sexual orientation and child
development." Minter said.

"Using the Prop 8 proponents' own outrageous and inflammatory words, ads and
emails, the plaintiffs powerfully demonstrated that Prop 8 was a direct
product of hostility, fear-mongering and demonization of lesbians and gay
men. And through the deeply moving testimony of the plaintiffs and other
members of our community, they proved beyond question that denying same-sex
couples the right to marry causes great harm to LGBT people and their
children."

The lawyers defending Prop 8, on the other hand, failed miserably, Minter
and many others said.

"Stacked up against this mountain of facts, scholarship and science, the
Prop 8 proponents-though represented by fine attorneys-were not able to come
forward with a case of their own," Minter said.

"Before trial, they dropped nearly every witness they had planned to present
and relied entirely on two poorly qualified, ill-prepared expert witnesses,
neither of whom was able to establish that banning same-sex couples from
getting married has any rational or legitimate purpose relating to
procreation, child rearing, tradition or any of the other justifications
that have been offered in the past in support of anti-gay discrimination."

The gay side is represented by famous lawyers Ted Olson and David Boies, who
argued that Prop 8 violates the U.S. Constitution's guarantees of due
process and equal protection under the law.

To buttress their case, they attempted to demonstrate a number of things
that intersect with precise legal considerations or constructs: that there's
no coherent reason for the government to ban same-sex marriage, that Prop 8
passed primarily because California voters are prejudiced, that gays and
lesbians need government help to fight the discrimination and persecution
that continue to harm them, that being gay is usually not a choice and
sexual orientation is usually immutable, that gay couples' children fare as
well as straight couples' children and that so-called traditional marriage
has undergone transformations throughout history.

Passed by voters in November 2008, Prop 8 amended the California
Constitution to re-ban same-sex marriage just 4 1/2 months after the state
Supreme Court legalized it.

Olson and Boies' lawsuit is ultimately aimed at the U.S. Supreme Court,
where it could end up as soon as a year from now, after a stop at the 9th
U.S. Circuit Court of Appeals. If successful, the lawsuit could bring about
the legalization of same-sex marriage nationwide, which would be the mother
of all gay rights victories.

If unsuccessful, the lawsuit could have the effect of stopping the movement
for same-sex marriage, which now is legal in five states, dead in its tracks
for possibly a generation.

The lawsuit is without doubt a high-stakes gamble, so much so that the gay
rights legal establishment opposed it and was, as a result, blocked by Olson
and Boies from later jumping on the bandwagon once it became clear the case
was going to happen and was going to be a very big deal.