Marriage Equality

Maryland Families Turn the Heart of a (Formerly) Anti-Equality Legislator

When the right wing's distorted and evil portrayal of LGBT people comes up against the reality of our lives, it's hard for the lie to stay alive.

Just ask Maryland Del. Wade Kach, a Republican who has supported a bill to limit marriage to opposite-sex couples, and who even voted against the pending marriage equality bill in committee two days ago. But this morning, he announced a change of heart. The Baltimore Sun quotes from Del. Kach's statement:

My constituents sent me to Annapolis to represent them and use my best judgment. They did not send me to sit in judgment of the lives of others.

As a proud member of the party of Lincoln, I believe that we as legislators should be more concerned with relieving the tax burden of families than telling them how to behave in their own homes.

Like so many others, my thoughts on the issue of civil marriage have evolved over the course of recent months as a result of much reflection and listening to good people on both sides of this issue. Instrumental to my decision are the enhanced protections for churches, clergy, and faith leaders in my community and in communities around the state.

While no one event or conversation prompted me to come to this decision, I was significantly moved by the testimony of families -- who are raising children in a loving environment and deserve every right to enjoy the same protections and responsibilities that our laws provide for others.

The marriage equality bill is scheduled to be debated on the House floor this evening, with a vote possibly as early as tomorrow.

PFAW

For Valentine’s Day, How About Repealing DOMA?

The Senate is currently tied up by Kentucky Sen. Rand Paul, who has blocked action on a major transportation bill and the confirmation of an urgent judicial nomination. While it’s stalled, the Senate has the perfect opportunity to take up a Valentine’s Day-appropriate bill: the Respect for Marriage Act.

The Respect For Marriage Act, introduced in the Senate by Sen. Dianne Feinstein, would repeal the so-called “Defense of Marriage Act,” which requires the federal government to discriminate against same-sex married couples. DOMA makes a lot of things harder for gay and lesbian married couples – including the denial of military spousal benefits to married gay and lesbian members of the armed forces and the denial of Social Security benefits to the same-sex spouse of a deceased person.

DOMA also tears married couples apart. U.S. citizens married to someone of the same sex can’t sponsor their spouses for citizenship – leading to heartbreaking separations. The Huffington Post interviewed one such couple, U.S. citizen Kelli Ryan and her wife Lucy Truman, a British citizen, who are publicly petitioning the government for a green card for Truman:

"We really simply want to be treated fairly and equally," Ryan, who was born in the United States, said on a call with reporters Thursday. "I feel as an American citizen that I should be able to have the same rights as all other American citizens and I should not be forced to choose between my country and my family."

GLAD has stories of married couples torn apart by DOMA [pdf], and United by Love, Divided by Law has photos of binational couples whose futures are uncertain because of DOMA.

For more information on the Respect for Marriage Act, visit PFAW, Freedom to Marry, and the Respect for Marriage Act coalition. Be sure to click here to sign the PFAW petition.
 

PFAW

Olson: ‘Marriage is a Conservative Value’

Ted Olson, who served as solicitor general under George W. Bush and is now half of the legal team fighting the anti-gay Proposition 8 in California, went on the Rachel Maddow show last night to discuss the marriage equality victory handed down by the Ninth Circuit yesterday.

Asked by Maddow why animus toward gay rights is still so mainstream in Republican politics, Olson gave a defense of marriage equality as a conservative value – one that he says more and more American conservatives are embracing:

 

Maddow: Why do you think it is that hostility to gay rights is still something that is still so utterly mainstream and expected of both mainstream politicians and mainstream institutions in conservative politics today?

Olson: I don’t know the answer to your question, Rachel, but I think that it’s terribly unfortunate. Marriage is a conservative value. Not that conservatives own it or liberals own it, but the loving relationship between individuals that want to be respected by their society and treated as equals is a conservative value. It involves liberty and privacy and association and identity.

Marriage is the building block of our society. Young people get it. Older people are still getting it. But all of the polls are changing. People more and more are understanding that these are American citizens, these are our brothers and our sisters, we have got to treat them right and we’ve got to treat them decency, and we’ve got to give them the same freedom and justice that we give to other people. More and more people in America are understanding that. I’m pleased to say that more and more Republicans are understanding that.

I’m sad to say – it makes me sad to say – that Republicans haven’t fully understood it. But I think that they will come, and every time that David Boies and I have a chance to address this question, we believe that we’re converting more people, and persuading more people that this is the right thing. It is not a liberal or conservative issue, or Republican or Democrats. When David Boies and I came together on this, our mission was to persuade the American people that this is an issue of American justice, American freedom, American equality. These are the principles, all men are created equal in this country, we have got to get there.

 

PFAW

Appeals Court Rules Prop 8 Unconstitutional, Decision Highlights Role of Judiciary

A federal appeals court ruled today that the California ballot initiative that took the right to marry away from same-sex couples violated the 14th Amendment to the US Constitution.  The decision, which is stayed temporarily, affirms an August 2010 ruling by U.S. District Court Judge Vaughn Walker.  According to the appeals court ruling,

Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships as inferior to those of opposite-sex couples. The Constitution simply does not allow for “laws of this sort.”

The ruling applies only to the situation in California, which, as advocates noted, includes 1/8 of the population of the U.S.

Ted Olson, one of the lead attorneys on the case, said at a press conference organized by the American Foundation for Equal Rights, “this is a huge day,” and said that the court’s analysis will have an impact far beyond California.  He said the court found that Prop 8 “violates the fundamental human rights of citizens in this country” and struck down Prop 8 as “violating the fundamental charter of the United States Constitution.”

This case is about equality, and freedom, and dignity, and fairness, and decency. It is about whether we are going to eliminate government-sponsored discrimination written into the constitution of the biggest state in the United States. It is about whether we are going to eliminate second-class citizenship…We are bringing a stop to that discrimination.

Added Olson, “Thank God for the judiciary in this country, to respect the Constitution, to stand up from whatever pressures may be put upon the judiciary, and to say what the law is. That’s what the Ninth Circuit did today.”

In response to a question about the impact of today’s ruling on legislative and ballot initiatives around the country, Olson described the 80-page majority decision as carefully and thoroughly written, and predicted that it would have an enormous impact as a legal precedent for other courts.  He also said,

The other point that’s so important is that every legal decision allows the American people to hear more about what these issues are, to ask questions, to think about these issues. In my experience -- we’ve been working on this for three years -- the more you talk to people, the more they listen, the more they realize this is right and this is inevitable.  So this will change court decisions, it will change public opinion, it will change what legislatures do.

Olson colleague Ted Boutros said he believes the way the Ninth Circuit crafted the opinion, and its reliance on the Supreme Court’s Romer decision, could make it harder for Prop 8 supporters to get Supreme Court review.

PFAW

Proposition 8 Appeal Will Continue

Today, the California Supreme Court ruled that the proponents of Proposition 8 have standing under California law to defend it when government officials decline to. The court is addressing this issue at the request of the U.S. Court of Appeals for the Ninth Circuit, which needed an answer in order to determine if the Prop 8 proponents have standing to pursue their appeal of the federal district court decision striking Prop 8 down.

Since the proponents are now known to have standing under California law, the Ninth Circuit will likely rule that they have a stake in the outcome of the federal case and, therefore, standing for purposes of federal constitutional law.

The court clearly explained that its logic had nothing to do with Proposition 8 in particular, but with ballot initiatives in general. Its reasoning was straightforward:

Neither the Governor, the Attorney General, nor any other executive or legislative official has the authority to veto or invalidate an initiative measure that has been approved by the voters. It would exalt form over substance to interpret California law in a manner that would permit these public officials to indirectly achieve such a result by denying the official initiative proponents the authority to step in to assert the state‘s interest in the validity of the measure or to appeal a lower court judgment invalidating the measure when those public officials decline to assert that interest or to appeal an adverse judgment.

It is worth noting that other states do not always give initiative proponents the right under their own laws that California recognized today. This is a state court resolving a question of California law.

PFAW

PFAW Applauds Committee Vote on Respect For Marriage Act

Back in July, I had the privilege of attending the Senate Judiciary Committee hearing on the Respect for Marriage Act. Today brought me to another historic moment: the passage of that bill out of Committee.

Senator Feinstein, the bill’s chief sponsor, offered a perfect description of how times have changed.

“When DOMA passed 15 years ago, no state permitted same-sex marriage. Today, 6 states and the District of Columbia do: Vermont, Connecticut, Iowa, New York, New Hampshire, and Massachusetts.

So, today there are 131,000-plus legally married same-sex couples in this country.

These changes reflect a firmly-established legal principle in this country: marriage is a legal preserve of the states.

DOMA infringes on this state authority by requiring the federal government to disregard state law, and deny more than 1,100 federal rights and benefits to which all other legally married couples are entitled.”

Here are a mere few of the many highlights from the other nine Democrats on the Committee, all nine among the bill’s thirty cosponsors.

Chairman Leahy:

“The Federal Government should not deny recognition and protection to the thousands of Americans who are lawfully married under their state law. We must repeal DOMA to ensure the freedom and equality of all of our citizens.”

Senator Durbin:

“I voted for DOMA. I believe I was wrong.”

“If this is called to the floor and only the 30 cosponsors vote for it, it’s worth the effort.”

Senator Franken:

“But every year, when they fill out their federal tax return, Javen and Oby have to check the ‘single’ box. They have to sign that form—under penalty of perjury. Every year, DOMA forces Javen and Oby to lie under oath. Every year, Javen and Oby pay taxes to a government that says their marriage is a fiction, even though they are a married couple—in the eyes of the God that they worship, in the eyes of their friends and family, and in the eyes of the state of Connecticut.”

“And you know, when we do pass it, straight people aren’t suddenly going to become gay. Straight people aren’t going to stop getting married. No, we’re going to be just fine. What will happen is that millions upon millions of lesbian and gay Americans aren’t going to suffer the indignity of having their own government tell them that their marriages are no good. What will happen is that it will be easier for those people to start and protect their families.”

Senator Coons:

"This is a truly important day in our nation's journey toward equality," Senator Coons said. "We’ve made tremendous progress and I am proud of the committee's vote today. As more Americans join the cause of equality, the Senate is changing with it. Equality is never a special interest — it is a fundamental interest of this country. Whether the Respect for Marriage Act moves to the floor in this Congress or the next, we will eventually repeal DOMA. We must redouble our efforts to show that the love and commitment shared by same-sex couples is of equal value as that shared by heterosexual couples."

Please take a moment to add your name to PFAW's petition urging Congress to Dump DOMA and end this unconstitutional, discriminatory policy once and for all.

PFAW

Yesterday's Big Election Victories and What They Mean

What a huge day for progressive power! Yesterday, voters in nearly every region of the country turned out and resoundingly defeated right-wing attacks on:

  • Workers’ Rights (Ohio);
  • Choice (Mississippi);
  • Voting Rights (Maine);
  • Marriage Equality (Iowa);
  • Immigrant Civil Rights AND Government By the People (Arizona);
  • Public Education (North Carolina);
  • AND MORE.

In the nationally-watched races and ballot initiatives across America, progressives won across the board. These hard-fought victories are not just wins for people in these states. The results have important ramifications moving forward into the 2012 elections, with this flexing of political muscle providing a good source of hope that maybe 2012 can be our 2010.

Let’s remember that most of the Republican presidential candidates came down on the losing side of virtually every one of these issues, showing how out of touch they and their party are with Americans’ values. Frontrunner Mitt Romney, whom many consider to be the presumptive nominee, after his usual hemming and hawing, came out strongly against workers’ rights in Ohio and said he would support the shockingly extreme “personhood” amendment in Mississippi that would have given fertilized eggs the rights of human beings. Even the overwhelmingly Republican -- and culturally conservative -- electorate of deep red state Mississippi rejected that radical position by a whopping 58%-42%. An astute political observer might accurately say that Mitt Romney was in fact yesterday’s, and thus Election 2011’s, biggest loser.

Ohio – workers’ rights and defending the middle class WIN

In Ohio, voters stood up their neighbors -- their nurses, teachers, policemen and firefighters -- and successfully repealed the right-wing governor’s Wisconsin-style attack on the fundamental collective bargaining rights of public employees -- the law known as SB 5. Tallies are showing that over 60% of voters voted “No” on Issue 2, to repeal SB 5, with only six counties in the entire state showing majorities in favor of keeping the law. In all those counties, Republican Governor John Kasich won with more than 60% of the vote in 2010.

We worked hard, with PFAW activists in Ohio playing a critical role in the effort. Our allies in Ohio, especially our friends at We Are Ohio, led an inspiring and effective campaign. This victory will have a lasting impact in Ohio and national politics, as it staved off an attack that could have been crippling to progressives in a critical swing state.

The attacks on working people in Ohio, Wisconsin and other states are part of a right-wing effort to break the back of organized labor, which is a major source of progressive power and one of the only political counterweights to the corporate special interests that fund the Right. Like laws that disenfranchise voters in communities that traditionally vote more progressive, these new policies are a naked partisan power grab by Republican politicians, and at the same time serve as a big gift, basically a policy kickback, to their corporate contributors like the Koch brothers.

We will work hard to help replicate nationally for 2012 the Ohio organizing model that mobilized a middle-class revolt against right-wing extremism in that state.

Mississippi – reproductive rights WIN

As I mentioned above, voters in Mississippi, a state in which Democrats didn’t even bother to run a candidate in several statewide races, overwhelmingly rejected a state constitutional amendment that would have defined a fertilized egg as a person. That dreadful law would have effectively turned ALL abortions, without exception for rape, incest of the health of the mother, into murder under state law. It would have done the same with many popular forms of birth control and the processes involved in fertility treatment, even creating legal suspicion around miscarriages.

A similar “personhood” amendment had twice been rejected by voters in Colorado by similarly large margins, but polling leading up to Election Day in Mississippi showed a toss up. It’s important to note that while many anti-choice conservatives expressed reservations about the far-reaching extremity of the amendment, just about every Religious Right group and Republican supported it … and it lost by 16 points … IN MISSISSIPPI.

Maine – voting rights WIN

Maine voters yesterday voted to preserve their same-day voter registration policy after the right-wing legislature passed a law to repeal it.

In another example of the Right doing everything it can to make ballot access more difficult for some voters, after Republicans took control of the governorship and the legislature in 2010, one of the first things on the chopping block was Maine’s same-day voter registration law.

Voters have been able to register at their polling place on Election Day in Maine since 1973 -- if there is anything ingrained in the voting culture of Maine it’s same-day registration. Same-day voter registration is the reason Maine has one of the highest voter turnouts in the country (states with same-day registration average 6% higher turnout than states without it). It’s good for democracy … but apparently that’s bad for the Right.

Republicans had used the bogus straw man argument about “widespread voter fraud” -- even though it’s never been a reported problem in Maine. They amazingly trotted out the argument that people who wait until Election Day to register are not “engaged” enough in the process, even though same-day registrants are simply abiding by the law of nearly 40 years, and showing up on Election Day is the ultimate demonstration of “engagement.”

The Maine Republican Party even ran a full page newspaper ad just before the election trying to portray the ballot initiative to “repeal the repeal” and save same-day registration as some sort of gay activist plot. The ad implied that Equality Maine’s support of the referendum was somehow insidious and revealing of some problem with the long-standing, pro-democracy law. In reality, LGBT rights groups did have stake in the results of yesterday’s same-day voter registration ballot initiative because if Mainers would not join together to defeat such a radical right-wing usurpation of voters’ rights, then the Equality movement in that state concluded there would be little hope in waging another campaign to enact same-sex marriage equality by referendum. So, yesterday’s victory for voting rights effectively leaves the door open for a future victory for marriage equality as well. 

Iowa – marriage equality WIN

While the victory in Maine opens the possibility of a future win for marriage equality in that state, in Iowa, the state’s existing marriage equality law won a major victory with the election of the Democrat running in a special election for state Senate. Party control of the Senate hinged on this race and if the Republican had won, the legislature would surely move to undo marriage equality for same-sex couples in Iowa.

The Senate seat in question became open when Republican Governor Terry Branstad appointed incumbent Democratic Senator Swati Dandekar to a high paying post on the Iowa Utilities Board. Republicans knew full well that the bare majority Democrats held in the Senate would then be up for grabs, and with it, the fate of marriage equality. Congratulations to Democratic Senator Elect Liz Mathis, the voters who elected her and all the people of Iowa whose rights will continue to be protected by a state marriage law that holds true to our core constitutional values of Fairness and Equality.

Arizona – immigrant rights and democracy WIN

Voters in Arizona really made an impressive show of strength yesterday when they voted to RECALL Republican State Senator Russell Pearce, the architect of Arizona’s infamous draconian “show me your papers” immigration bill, SB 1070. Arizonans did themselves and the country a great service in rejected the lawmaker who pioneered the shameful racial profiling bill.

This is not just a victory for fair and humane immigration policy. The often untold story of SB 1070 is that it was engineered by the right-wing American Legislative Exchange Council (ALEC), a policy group funded by corporate special interests that essentially writes many of the laws pushed every year by right-wing state legislators across the country. SB 1070 was on its face an ugly, racist backlash against undocumented immigrants, but it was also a handout to the powerful private prison industry, which stood to benefit financially by mass roundups of undocumented immigrants who would, of course, be held in prisons.

The successful recall of the right-wing, anti-immigrant icon Russell Pearce was a win for fairness, for civil liberties and for the dignified treatment of America’s immigrant communities. But it was also a triumph over corrupt corporate influence in government and a victory for Government By the People.

Wake County, North Carolina – public education and racial equality WIN

Last month, voters in Wake County, North Carolina decisively defeated four conservative school board candidates responsible for scrapping the district's lauded diversity policies. Yesterday, the final runoff election was decided by Wake County voters who handed victory, and majority control of the school board, to the Democrats.

The ousted board members had been backed by the Koch-funded Tea Party group Americans For Prosperity (AFP). This past summer, People For the American Way and PFAW's African American Ministers in Action (AAMIA) program joined with Brave New Foundation to cosponsor the release of their “Koch Brothers Exposed” video that told the story of AFP’s involvement in the school board election and the board’s effort to resegregate schools. I’m proud that we were able to help shine a light on the Right’s unconscionable attack on public education, racial equality and civil rights.

More Notable Results

The citizens of Missoula, Montana passed a resolution in support of amending the Constitution to end corporate personhood and undo the Supreme Court’s disastrous decision in Citizen's United v. FEC. The referendum was initiated by a City Councilwoman Cynthia Wolken, an active member of our affiliate PFAW Foundation’s Young Elected Official (YEO) Network.

In Kentucky, Democrats won four out of five statewide races with incumbent Democratic governor Steve Beshear winning in a landslide over his Republican challenger

In New Jersey, after two years on the losing side of confrontations with Gov. Chris Christie, Democrats seemed to turn the tide, fighting off well-funded Republican challenges and gaining one seat in the state Legislature.

And in Virginia, the GOP was expected to take majority control of the state Senate -- which they only needed two seats to do – but might have fallen just short. With a paper-thin margin of 86 votes in one race handing preliminary victory to the Republican, there will surely be a recall and Democrats are at least publicly optimistic.

There were more progressive victories in local races around the country, and some losses. For the most part, however, the losses were either very minor or very expected. Where the eyes of the nation was focused, and where progressives put energy and resources, we won across the board. This morning, as we look ahead to 2012, the Right should be very nervous.

Thank you for your ongoing support -- it makes all the difference, every time … and 2012 will be no exception.

PFAW

New York Couple Denied Marriage Rights; PFAW Foundation Helps them Fight Back

When Katie Carmichael and Deirdre DiBiaggio went to their town clerk in Ledyard, New York recently to obtain a marriage license, they were met with an unwelcome surprise. The town clerk, Rose Marie Belforti, refused to grant them a license because she objected to New York’s new law legalizing same-sex marriages. She told Carmichael and DiBiaggio to come back on another day to obtain a license from a subordinate officer.

Marriage equality loses some of its “equality” when same-sex couples are forced to jump through hoops that weren’t there before in order to obtain a marriage license. Carmichael and DiBiaggio contacted People For the American Way Foundation to help them fight back against this clear instance of discrimination. PFAW Foundation recruited the law firm Proskauer Rose, LLP to provide pro bono counsel to the couple, and the firm sent a letter to town officials urging the town clerk to follow the laws of the state or resign her position.

In a town meeting on Monday night, the issue of the clerk’s refusal to do her job was not addressed. In response, PFAW Foundation launched a petition demanding that Belforti to perform her job duties, follow the laws of New York and grant same-sex marriage licenses or resign her post.

You can sign the petition here.
 

PFAW

North Carolina Puts Anti-Equality Amendment on the Ballot

North Carolina’s Senate today passed a measure to put an anti-marriage equality constitutional amendment on next year’s ballot. North Carolina is currently the only Southeast state that hasn’t amended its constitution to ban same-sex marriage, although it already has a statutory ban.

State anti-marriage amendments like North Carolina's are often put on the ballot to boost turnout for other elections – the Bush administration, for instance, was active in getting 11 anti-marriage amendments on state ballots in 2004.

What is remarkable about these amendments is that they change state constitutions to take away rights from citizens, while the traditional role of state and federal constitutions has been to guarantee rights for citizens, especially those who may not be popular among the majority.

It’s sad to see yet another state putting the rights of a minority at the mercy of a majority vote.

 

PFAW

NY's Rogue Clerks Shirk Official Duties

Despite the hard-fought, passionate campaign in New York in which the people’s representatives ultimately voted to extend marriage equality to all New Yorkers, several city or county clerks responsible for signing marriage licenses have chosen not to certify same-sex marriages, citing personal religious objections.

Everyone is entitled to their religious beliefs, but as government officials, our public employees have a responsibility to uphold the law. Town clerks are charged with enforcing the law, not writing it – and they certainly do not have the power to disregard their official responsibilities because of personal prejudice.

Even Justice Scalia recognizes that the First Amendment does not allow a person to cite his or her own religious beliefs as a reason not to obey generally applicable laws. "To permit this would be to make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself."

New York’s marriage equality bill passed, in part, because of the last-minute passage of an amendment that made very clear that the law would not require religious institutions, private businesses or non-profits to recognize same-sex marriages. But if state employees were allowed to ignore laws on the job, those laws wouldn’t exactly be effective.

We expect our public officials to faithfully uphold the law. Anything less is an affront to the people they serve.

PFAW

How Exactly Does Focus on the Family Plan to Help the Gay Couples Whose Marriages They Are Trying To Invalidate?

Yesterday’s Senate hearing on the repeal of the Defense of Marriage Act was a case study in the contrasts between pro-marriage equality and anti-marriage equality arguments. Democrats on the Judiciary Committee called as witnesses gay citizens who had been actively hurt by DOMA, including two widowers who were left with no federal protections when their husbands died. Republicans, presumably unable to come up with any straight couples to testify that their marriages had been helped by DOMA, instead called a number of “experts” from right-wing think tanks to tell the gay witnesses that their second-class status is actually for the best.

This made for some jarring exchanges, most notably this one:

Ron Wallen, a 77-year-old Californian told the heartwrenching story of nursing his husband and partner of 58 years through leukemia…only to be left when he died in both emotional and financial turmoil. Because of DOMA, Wallen was unable to receive the protections that the federal government provides to widowed spouses, including Social Security survivor benefits. Because he does not have access to the financial safety net provided to all other widows, he is being forced to sell his home “even while I am still answering the condolence cards that come in the mail.”

The Survivor’s Benefit would have done for me what it does for every other surviving spouse in America -- ease the pain of the loss, help during a very difficult transition, and allow time to make decisions and plan for my future alone. It is devastating to know that any married couple in the U.S. regardless of how long they were married, can depend on the Survivor’s Benefit. Yet, I could not --after 58 years with my spouse-- simply because we were two married men. This is unfair and unjust.

After a lifetime of being a productive citizen, I am now facing financial chaos. Tom and I worked hard, and together we tried to live out our own version of the American dream. We served our country; we paid our taxes; we volunteered in the community; we bought a home and maintained it properly; and got married as soon as we were legally able to do so. And yet, as I face a future alone without my spouse of 58 years, it is hard to believe that it is the American government that is throwing me out of my family home.

Wallen’s heartfelt testimony was immediately followed by that of DOMA proponent Thomas Minnery of Focus on the Family, who, recognizing that his anti-equality testimony might seem callous coming directly after Wallen’s story, decided to try to save face by offering Wallen his organization’s help:

Mr. Wallen, my heart goes out to you. My organization is very large and we do a lot of counseling of families to help them thrive in a difficult and complex society, and we have resources for couples to build healthy marriages that reflect God’s design and for parents to raise their children according to morals and values grounded in biblical principles….Mr. Wallen, we have resources that I believe will help you even in your current situation, and if you’d permit us, we’d love to try to be helpful to you.

Minnery’s offer came off as slightly less than sincere when it was followed by five minutes of testimony about how giving Wallen’s marriage full federal benefits would lead to the destruction of American society.

The Advocate caught up with Wallen after the hearing, and asked him if he planned on taking Minnery up on his offer. Wallen responded: “I was shocked when he offered condolences, and was in disbelief when he was offering his services. If I were looking for help, his [organization] would be the last place I would go to.”

Someone should have told Minnery that it’s really hard to truly show your love for someone while you’re simultaneously lobbying for a law that’s specifically designed to hurt them.

 

 

PFAW

PFAW Looks Into Rick Perry's Extremist Ties

PFAW President Michael Keegan today wrote in the Huffington Post today about the radical and fanatical figures organizing Texas Gov. Rick Perry’s The Response prayer rally on August 6. Research from PFAW’s Right Wing Watch exposed many of Perry’s allies’ bizarre views, including interesting theories about Oprah Winfrey and the Statue of Liberty. Keegan writes, “The Response has turned out to be a powerful draw for the farthest of the far Right, attracting all varieties of extremists, whom Perry and his allies have welcomed with open arms.” Read the whole article at the Huffington Post and make sure to watch this must-see video on just some of The Response organizers:

As this is probably the kickoff event for Perry's run for the presidency, we should all know the backgrounds of the people and organizations that Perry is working with to promote the proselytizing event, known as The Response. His choice of allies belies the claim that it will be "apolitical" or even quasi-tolerant of non-Christians. Co-organizing and largely funding the rally is the American Family Association, a Religious Right group dedicated to infusing right-wing evangelical views into American politics. The AFA's chief spokesman, Bryan Fischer, is one of the most offensive voices in politics today. He has compared gays to Nazis and said gay people should be banned from public office; he has called for an end to Muslim immigration into the United States and a ban on the building of new mosques; he has said that Native American communities deserved past persecution and current poverty because of a refusal to convert to Christianity; he has even compared low-income African Americans to animals. In line with Fischer's views, the AFA dedicates itself to launching boycotts against companies that treat their gay employees well and sponsoring political get-togethers for the far right.

Then there is the International House of Prayer (yes, "IHOP"), the 24-hour-a-day worship powerhouse that has lent several senior staff members to planning The Response. IHOP's affiliated The Call rallies - politically charged events that gather hundreds of people to pray for anti-gay and anti-choice policies -- also serve as the model for Perry's event. As People For the American Way reported this month, the church's leader, Mike Bickle, has some pretty extreme views: he has warned that Oprah Winfrey is the harbinger of the Antichrist, and that marriage equality would result in the banning of marriage in some parts of the world.

And these are just the main organizers of the event. The Response has turned out to be a powerful draw for the farthest of the far Right, attracting all varieties of extremists, whom Perry and his allies have welcomed with open arms. Displayed prominently on the official "endorsers" page of The Response website are the names of pastors who have called the Statue of Liberty a "demonic idol"; blamed the 9/11 attacks on America's growing acceptance of gays and lesbians; blamed the mysterious bird deaths in Arkansas on the repeal of Don't Ask, Don't Tell; and advocated the violent overthrow of the U.S. government. Several participants are prominent advocates of "Seven Mountains" dominionist theology, which is basically the idea that a certain far-right breed of evangelical Christians need to take over all aspects of American society -including government, business and entertainment - to pave the way for the Second Coming of Christ. Fittingly, in a perfect illustration of the increasing acceptance of extremism on the Right, Perry even welcomed the endorsement of John Hagee, the pastor whose anti-Catholic and anti-Semitic statements were so shocking that John McCain had to publicly reject his endorsement in 2008.

Perry, questioned about the ragtag team of extremists he has assembled to help him launch his possible presidential run, has repeatedly claimed that he is not responsible for the views of everyone with whom he associates. He's not - but he should know who he's going to for advice, and whose profile he's lifting with a national soapbox. Perry says that The Response is meant in part to seek spiritual guidance for the political problems our nation faces. If these are the people he's going to for guidance, and who he's lifting up to help solve the nation's problems, we should all be concerned. What these groups want is for a very small sliver of American Christians with a certain narrow set of beliefs to control American politics - and to restrict everybody else's freedom to worship or not as they choose. Rick Perry, citing his own religious freedom, seems more than happy to lend them a megaphone.
PFAW

Senate holds historic hearing on DOMA repeal

Today, Sen. Patrick Leahy convened the Senate Judiciary Committee to hold the body's first ever hearing on the repeal of the Defense of Marriage Act (DOMA). DOMA, which prohibits the federal government from recognizing legal same-sex marriages, was signed into law in 1996, and since then has had a tremendous impact on the lives of thousands of married gay and lesbian couples and their families.

In March, Rep. Jerrold Nadler and Sen. Dianne Feinstein introduced the Respect for Marriage Act, which would repeal the discriminatory policies of DOMA and provide the same federal rights and benefits to same-sex married couples as their opposite-sex counterparts.

The three-panel hearing began with powerful and profound testimony from Rep. John Lewis, a leader of the Civil Rights movement. Calling DOMA a “stain on our democracy,” Lewis reaffirmed his continued commitment to fighting for the civil rights of all people, including gays and lesbians.

Representative Nadler echoed much of Lewis’ testimony, adding that DOMA hurts same-sex couples, especially those with children, because of the financial burdens that it places on them. Many of the witnesses in the second panel told stories of how the discriminatory law has been both a psychological and financial hardships for them and their spouses.

Because only two DOMA-supporting senators, Orin Hatch and Chuck Grassley, were willing to show up at the hearing, the task of arguing against the legislations repeal was left to some of the witnesses.

Edward Whelan of the Ethics and Public Policy Center claimed that the fight for marriage equality and repeal of DOMA is part of the left’s plan to “path the way for polygamy and other polyamorous relationships,” ignoring the fact that no state to legalize marriage equality has seen any organized movement to legalize polygamy.

Thomas Minnery of Focus on the Family claimed research shows children raised in households headed by a same-sex couple were worse off than those in a “traditional family,” ignoring, well, just about every scrap of objective research on the subject. The research he was citing, however, was a study done by the Department of Health and Human Services, which in fact suggests children are better off with two parents regardless of their gender.

Watch Sen. Al Franken question Minnery’s misuse of the study below: 

The Senators asked the witnesses important questions about the very real and powerful harms DOMA has caused same-sex couples and their families. Many of their stories were heartbreaking and show the necessity for repealing this discriminatory law.

Contact your representative and senators and urge them to support the Respect for Marriage Act. All Americans deserve to be treated with fairness and dignity, and the Respect of Marriage Act would ensure that all Americans have access to the protections that only marriage can afford.

PFAW

U.S. Senators to LGBT Youth: “We’re making it better”

Thirteen members of the Senate are the latest voices in the It Gets Better Project. In this five-minute long video, senators from across the country speak out to send a message of hope and support for LGBT youth and a call to action for all Americans. Check it out: 

Through its efforts and mission the It Gets Better Project sends a positive message to LGBT youth, but I applaud the senators for taking the message one step further by saying: “we’re making it better”. Going beyond the simple, yet powerful, message of “it gets better,” these senators show us that taking action—and not passively waiting—will result in significant advances and great victories for LGBT rights.

Pointing out their support for repeal of Don’t Ask, Don’t Tell, the Defense of Marriage Act, and some even speaking out in support of marriage equality, these senators show their commitment to fighting for the LGBT community.

“It’s going to get better. Believe in it, let’s fight for it.”  - Senator Udall (CO)

It is disappointing, however, that we only hear from the voices of Democrats. Speaking out against harassment and discrimination of any form, against any group should transcend partisan politics and be countered with action from both sides of the aisle.

In talking about the importance and necessity of working together, Senator Richard Blumenthal of Connecticut put it best:

“Our nation has always done better when all of us, no matter where we’re from, what we look like, or whom we love, work together.”

Making it better to ensure that it gets better requires courage, commitment, and hard work on the part of both our leaders and individuals. I am so pleased to see a handful of senators coming out in support of LGBT rights and fighting to fulfill the promise of equality for all.

Special thanks to the following senators for speaking out in support of LGBT rights and continuing the fight for equality: Sen. Richard Blumenthal (CT), Sen. Sherrod Brown (OH), Sen. Maria Cantwell (WA.), Sen. Dick Durbin (IL.), Sen. Dianne Feinstein (CA), Sen. Al Franken (MN), Sen. Kirsten Gillibrand (NY), Sen. Chuck Schumer (NY), Sen. Jeanne Shaheen (NH), Sen. Mark Udall (CO), Sen. Sheldon Whitehouse (RI), and Sen. Ron Wyden (OR).

And I would like to extend a very special thank you to Senator Chris Coons (DE), who believes “equality is a question of morality,” for leading this important and inspiring effort.

It is my hope that we will soon hear from more members of Congress—Democrats and Republicans alike—with a similar message of making it better for LGBT youth.

PFAW

From Fringe Figure to Movement Leader: Michele Bachmann's Far-Right Roots

Cross posted on The Huffington Post

Rep. Michele Bachmann, who today officially announce her candidacy for the presidency, isn't just a Tea Party candidate - in many ways she embodies the evolution of the movement. The Minnesota congresswoman, who built a reputation as an outspoken and often outrageous defender of extreme social conservatism, is increasingly trying to portray herself as a champion of fiscal conservatism - and using the language of social conservatism to do it. As she attempts to frame herself as a low-tax champion, and tone down her speech to reach a broader audience, it's important to remember where Bachmann's fiscal conservatism comes from. Bachmann represents a newly powerful force in American politics: a hard-right, pro-corporate fiscal conservative wrapped up in the rhetoric of the Religious Right. To know her, you have to know the far-right social movement in which she remains rooted.

A former state legislator who built her career fighting reproductive choice and gay rights, Bachmann continues to ally herself with far-right groups in her home state and to push her extreme ideology in Congress. As a Minnesota state senator, she was known for her radical anti-choice, anti-gay and anti-evolution campaigns. She cosponsored a measure to give "14th Amendment protections to an embryo or fetus," similar to the extreme and likely unconstitutional fetal "personhood" amendments that have been rejected by even very conservative state legislatures in recent months. She has since endorsed one such measure in Ohio, which would ban abortions after the "heartbeat" of a fetus is detected. She cosponsored legislation to undermine the teaching of evolution, stating that people who believe in the science of evolution are part of a "cult following."

But she was perhaps best known for her all-out campaign against gay rights. A People For the American Way report summarized:

In the State Senate, she spearheaded the effort to pass a state constitutional amendment banning same-sex marriage. "The immediate consequence, if gay marriage goes through," Bachmann said , "is that K-12 little children will be forced to learn that homosexuality is normal, natural and perhaps they should try it." She has also referred to homosexuality as "personal enslavement" and a "sexual identity disorder." Bachmann also promoted the claim that gays and lesbians recruit children, maintaining that her mission to block LGBT rights "is a very serious matter, because it is our children who are the prize for this community, they are specifically targeting our children."

Bachmann's willingness to go to the extreme right of any social debate earned her like-minded friends in Minnesota. She has forged close ties with a pastor named Bradlee Dean and his extreme anti-gay ministry, "You Can Run But You Cannot Hide." Dean believes that homosexuality should be criminalized , and once praised Muslims who call for the execution of homosexuals as "more moral" than toleration-minded American Christians:

Muslims are calling for the executions of homosexuals in America. This just shows you they themselves are upholding the laws that are even in the Bible of the Judeo-Christian God, but they seem to be more moral than even the American Christians do, because these people are livid about enforcing their laws. They know homosexuality is an abomination...Hollywood is promoting immorality and God of the heavens in Jesus' name is warning you to turn from the wrath to come. Yet you have Muslims calling for your execution. If America won't enforce the laws, God will raise up a foreign enemy to do just that. That's what you are seeing today in America.

Dean claims that most gay people are child molesters, estimating that "on average, they molest 117 people before they're found out" and insists that anti-bullying programs in schools amount to "homosexual indoctrination." In one particularly bizarre train of thought , he asserted that Muslim congressman Keith Ellison was working with gay and lesbians to impose Sharia law: "He wants to bring in Sharee [sic] law through the homosexual agenda.... They are using the homosexuals as a political battering ram to bring forth what? Sharee [sic] law." Dean has also accused President Obama of turning the U.S. into a "Muslim nation," and recently roundly appalled the Minnesota state House when he delivered a prayer questioning the president's Christian faith.

Dean's unhinged extremism hasn't turned off Bachmann. She was the host of a 2009 fundraiser for his group, participated in a documentary he made, and delivered a public prayer calling for God to "expand this ministry beyond anything that the originators of this ministry could begin to think or imagine." This summer, Bachmann is scheduled to share the stage with Dean at a Tea Party event in Kansas.

Bachmann also continues to lend her support - including headlining a fundraiser in May -- to the Minnesota Family Council, an anti-gay group that she worked closely with when leading the marriage amendment effort in the state legislature. The MFC has been on the front-lines of the effort to stop numerous gay rights bills in Minnesota, and is active in a renewed push for a marriage amendment. The group backs up its efforts with vicious anti-gay rhetoric. Its president, Tim Prichard, has compared homosexuality to cigarette smoking and has said that comprehensive sex ed in schools would promote "homosexual behavior, anal or oral sex, things like that." Prichard blamed the suicides of four LGBT students on Gay-Straight Alliances and "homosexual indoctrination." The group has been a leading player in the Religious Right's campaign against anti-bullying policies in schools.

And then there was Bachmann's $9,000 donation to a Minnesota group credited with performing "exorcisms" on gay teens. She also remains closely allied with Generation Joshua, a far-right anti-gay group that funnels conservative homeschoolers into right-wing politics, which has dispatched kids to help with her congressional campaigns.

Bachmann has carried the flag of her extremist Minnesota allies to Congress, where in positioning herself as a leader of the Tea Party she loudly embraced the fiscal-issues Right while continuing to feed the social-issues Right.

In an illustration of both sides of the conservative movement merging in the Tea Party, Bachmann invited right-wing pseudo historian David Barton, who believes that Jesus opposed the minimum wage and the progressive income tax - and who Bachmann calls a "national treasure" -- to speak to Congress about the Constitution. Like Barton, Bachmann deftly frames the anti-tax, pro-corporate ideology of fiscal conservatives in the moral language of social conservatives. At a Religious Right conference last month, she called the national debt an "immoral burden on future generations" and lamented that "many are discouraged from marriage by an underperforming economy." She is also fond of invoking the Founding Fathers to make her point about any number of issues, once even advocating reducing the federal government to its "original size." And in a classic Barton technique, she hasn't been above using a totally made-up George Washington quote to bash President Obama.

Bachmann's efforts to merge the small government crowd with the big-government-in-personal-life crowd were again on full display this weekend, as she praised New York's marriage equality vote as an example of states' rights, while continuing to advocate a constitutional amendment that would take away the right of states to expand marriage equality.

Bachmann illustrates the odd brew that has created the Tea Party - the energy of social conservatives papered over with the money of pro-corporate conservatives, mixed up with a new rhetoric that combines the two issues. Her ability to be at home in both worlds makes her an unexpected powerhouse of a candidate...but one whose prominence should continue to be troubling to the American people.

PFAW

Huntsman Polishes His Magic Mirror to Show GOP Voters Whatever They're Looking For

Just who is Jon Huntsman? At this stage, he is whatever anyone hopes that he will be. As he prepares to officially join the gaggle of GOP presidential candidates, his campaign strategists seem to have adopted an "all-things-to-all-people" approach: play up his conservative credentials for Republican primary voters while courting general election voters by promoting his media image as the only moderate in the race. A CNN commentator, for example, calls him "the lone standard-bearer of the center-right in a crowded GOP field." Katrina Trinko, a reporter at the conservative National Review Online, sees this all-things-to-all-people approach as a potentially winning strategy:

It remains to be seen whether Jon Huntsman can successfully be all things to all men. But if, by stressing different parts of his record, he can successfully sell himself as a moderate to centrists and a conservative to hard-liners, he could be difficult to beat.

An analysis of Huntsman's record shows that, faced with the reality that he must appeal to the increasingly far right Republican base, he is quickly trying to jettison formerly held "moderate" positions. We agree with Mississippi Gov. Haley Barbour, who has publicly rejected the notion that Huntsman is a RINO (Republican in Name Only), saying "there's no question he's a conservative."

It's worth noting that many Americans first met Huntsman when he introduced "my friend Sarah" Palin at the 2008 Republican National Convention, exulting that "history will be made tonight!" He praised her strength, tenacity, authenticity and originality, calling her a rebel and a renegade who is "not afraid to kick a few fannies and raise a little hell." Said Huntsman, "We are looking for a beacon of light to show us the way. We are looking for Sarah!"

Huntsman and the Religious Right: Ralph Reed's 'Great Friend'

There are plenty of reasons that former Christian Coalition director Ralph Reed recently introduced Huntsman to a group of right-wing activists as "a good conservative and a great friend."

In 2009, Huntsman told a reporter that he has little patience for traditional "culture war" issues, saying "I'm not good at playing those games." That sounds like a promising and refreshing break from the norm of Republican presidential candidates, but in reality he has played those "games" devastatingly well. He made his efforts to make abortion completely unavailable to women a centerpiece of his address to Reed's "Faith and Freedom Coalition" summit:

"As governor of Utah, I supported and signed every pro-life bill that came to my desk," he said. "I signed the bill that made second-trimester abortions illegal and increased the penalty for doing so. I signed the bill to allow women to know about the pain an abortion causes an unborn child. I signed the bill requiring parental permission for an abortion. I signed the bill that would trigger a ban on abortions in Utah if Roe v. Wade were overturned."

Huntsman has also appealed to the public school-hating wing of the Religious Right. In 2007, he signed a statewide school voucher bill that provided up to $3,000 in taxpayer funds for students attending private schools. That was too much even for voters in conservative Republican Utah, who rejected the attack on public education and overturned the plan through a referendum.

At Reed's recent confab, Huntsman also joined the chorus of speakers warning Tea Party conservatives not to abandon social conservatives. The Republican Party, he said, should not focus on economics to the detriment of the fight to make abortion unavailable, saying that would lead to "a deficit of the heart and soul."

Huntsman and the Economic Right: A Full Embrace of the Ryan Budget

Huntsman, who is making his tax-cutting record as governor of Utah a major campaign theme, has praised Rep. Paul Ryan's radical budget proposal as a "very, very good one." Even though Republicans have been abandoning the Ryan plan in droves, Huntsman has said that he would have voted for the Ryan budget if he were a member of Congress. He has specifically embraced the Ryan budget's plan to essentially abolish Medicare, saying the size of the national debt required drastic policy changes. However, unlike some other Republican governors, Huntsman's concerns about the debt did not prevent him from welcoming federal stimulus funds.

He embraces the Tea Party's warnings about the economy and the suggestion that the nation is being destroyed by internal enemies. He says that America is "buying serfdom" with its deficit spending. Invoking Ronald Reagan's 1964 "A Time for Choosing" speech on behalf of Barry Goldwater, Huntsman says America is at a crossroads, with voters needing to choose "whether we are to become a declining power in the world, eaten from within, or a nation that regains its economic health and maintains its long-loved liberties."

As governor, Huntsman proposed abolishing corporate taxes altogether; campaigning in New Hampshire recently, he suggested that he would cut federal corporate taxes. The 2012 campaign, he says, will determine whether the nation will endure an economic "lost decade" or "unleash the economic magic."

Moving Right on Climate Change

This month the Salt Lake Tribune examined Huntsman's shift on climate issues. Four years ago, he supported a regional cap-and-trade program, saying, "If we do this right, our citizens are going to have a better quality of life, we're going to spawn new technologies and industries, and we're going to leave our most important belongings in better shape for the next generation." That was then, as the paper noted:

But now, in a political environment rocked by recession and a rowdy tea party, and with Huntsman's eyes on a possible presidential run in 2012, his position has evolved. He's still defending the science of climate change, but he has ditched his support for cap-and-trade.

Given that most of the GOP field is in full denial on climate change, Huntsman has gotten some credit for simply acknowledging reality. "All I know is 90 percent of the scientists say climate change is occurring," he told TIME magazine. "If 90 percent of the oncological community said something was causing cancer, we'd listen to them." But, he says, now "isn't the moment" to deal with climate change.
That led the Washington Monthly's Steve Benen to comment:

This is, in general, the worst of all possible positions. Much of the right believes climate change is a "hoax" and an elaborate conspiracy cooked up by communists to destroy America's way of life. These deniers have a simple solution to the problem: ignore it and pretend there is no problem. Much of the left takes the evidence seriously, is eager to address the crisis, and has a variety of possible solutions to the problem, including but not limited to cap-and-trade plans.

Huntsman apparently wants to split the difference -- he accepts the evidence and believes the problem is real; Huntsman just doesn't want to do anything about it.

To borrow his analogy, Huntsman has heard the collective judgment of 90% of the world's oncologists, but believes it'd be inconvenient to deal with the cancer or what's causing the cancer anytime soon.

Moderate Image, Conservative Reality

Huntsman's moderate image is based in large part on his 2009 endorsement of civil unions for gay couples. Five years earlier, when campaigning for governor, he had supported a state constitutional amendment that bans marriage and "other domestic unions" for same-sex couples. Huntsman's rhetorical shift did not find its way into any policy that offers legal protection for gay couples in Utah; he still opposes marriage equality, calling himself "a firm believer in the traditional construct of marriage, a man and a woman."

Huntsman has taken some heat from far-right activists who cannot tolerate the slightest sign of heresy against right-wing dogma. But former George W. Bush official Michael Gerson thinks Huntsman's moderate media image could actually help him by setting initial expectations low among GOP activists:

The media have often covered Huntsman as a liberal Republican -- a Rockefeller reincarnation. After all, he supports civil unions. He made it easier to get a drink at a bar in Utah. This easy press narrative gives Huntsman an odd advantage in a Republican primary: He is more conservative than his image. For many Republicans, he will improve upon closer inspection.

Huntsman's campaign is just getting under way, but his positioning is already clear. Tell Religious Right activists you're one of them by emphasizing your support for the most draconian anti-choice measures. Tell the Tea Partiers you're one of them by backing Paul Ryan's radically anti-government and anti-middle-class budget. And encourage more moderate Republicans to believe you're one of them by calling for civil discourse and offering rhetorical support for short-of-equality measures for same-sex couples. It's a calculated strategy that might make some sense politically, but it seems unlikely that trying to be all things to all people provides a path to victory through the restrictive gauntlet of the Republican primaries.

Cross posted on The Huffington Post

PFAW

Judge Won’t Vacate Prop 8 Decision, Rejects Argument that Gay Judge was Biased

Yesterday, proponents of California’s Proposition 8 went before a federal judge to argue that the ruling overturning the discriminatory law should be thrown out because the judge who issued it is gay.

Today, they were handed an epic takedown. In an order dismissing the motion to vacate the Prop 8 case, district court judge James Ware tore apart the arguments made by the anti-marriage equality lawyers who claimed that Judge Vaughn Walker’s decade-long same-sex relationship should have disqualified him from hearing the marriage equality case.

The arguments made by Prop 8’s defenders were so ridiculous (for example, see here and here) that it’s hard to pick just one part of Judge Ware’s takedown to quote, so I’ve picked out a few of my favorites.

The Prop 8 camp’s main line of argument was that the problem with Judge Walker wasn’t that he is gay but that he may at some point want to marry someone of the same sex, thereby benefiting from his own pro-marriage equality decision. This led them to partake in some celebrity-magazine style speculation about whether Judge Walker was planning to wed. Judge Ware responds that that type of speculation about a judge’s personal life isn’t enough to disqualify him from a case:

[D]isqualifying Judge Walker based on an inference that he intended to take advantage of a future legal benefit made available by constitutional protections would result in an unworkable standard for disqualification. Under such a standard, disqualification would be based on assumptions about the amorphous personal feelings of judges in regards to such intimate and shifting matters as future desire to undergo an abortion, to send a child to a particular university or to engage in family planning. So too here, a test inquiring into the presiding judge’s desire to enter into the institution of marriage with a member of the same sex, now or in the future, would require reliance upon similarly elusive factors.

Then there was the argument that Judge Walker’s long-term same-sex relationship “gave him a markedly greater interest in a case challenging restrictions on same-sex marriage than the interest held by the general public.” Judge Ware responds that in cases of fundamental rights, all members of society are affected by the outcome…in a way, turning the logic of the Prop 8 crowd (who argue that straight people will be hurt by gay marriage) on its head:

The fact that this is a case challenging a law on equal protection and due process grounds being prosecuted by members of a minority group does not mean that members of the minority group have a greater interest in equal protection and due process than the rest of society. In our society, a variety of citizens of different backgrounds coexist because we have constitutionally bound ourselves to protect the fundamental rights of one another from being violated by unlawful treatment. Thus, we all have an equal stake in a case that challenges the constitutionality of a restriction on a fundamental right. One of the duties placed on the shoulders of federal judges is the obligation to review the law to determine when unequal treatment violates our Constitution and when it does not. To the extent that a law is adjudged violative, enjoining enforcement of that law is a public good that benefits all in our society equally. Although this case was filed by same-sex couples seeking to end a California constitutional restriction on their right to marry, all Californians have an equal interest in the outcome of the case. The single characteristic that Judge Walker shares with the Plaintiffs, albeit one that might not have been shared with the majority of Californians, gave him no greater interest in a proper decision on the merits than would exist for any other judge or citizen.

And then Judge Ware tells Prop 8 supporters that not all gay people think in the same way…so they can’t assume that a gay judge will come to a certain conclusion:

Finally, the presumption that “all people in same-sex relationships think alike” is an unreasonable presumption, and one which has no place in legal reasoning. The presumption that Judge Walker, by virtue of being in a same-sex relationship, had a desire to be married that rendered him incapable of making an impartial decision, is as warrantless as the presumption that a female judge is incapable of being impartial in a case in which women seek legal relief. On the contrary: it is reasonable to presume that a female judge or a judge in a same-sex relationship is capable of rising above any personal predisposition and deciding such a case on the merits. The Motion fails to cite any evidence that Judge Walker would be incapable of being impartial, but to presume that Judge Walker was incapable of being impartial, without concrete evidence to support that presumption, is inconsistent with what is required under a reasonableness standard.

Ware concludes that requiring judges to recuse themselves under the standard proposed by Prop 8’s backers would lead to a “standard that required recusal of minority judges in most, if not all, civil rights cases.”
 

PFAW

The Prop 8 Paparazzi

Following tweets and transcripts of this morning’s hearing in the Prop 8 case, I started to feel like I was reading a celebrity magazine written by lawyers.

The issue at stake in the hearing was whether now-retired Judge Vaughn Walker, who overturned Prop 8’s ban on gay marriage last year, should have recused himself from the marriage equality case because he himself is gay. Judge Walker’s sexual orientation was widely known at the time of the decision, and certainly didn’t escape the notice of right-wing critics of marriage equality, but lawyers defending Prop 8 decided not to bring it up at the time.

Then, after Walker handed down a powerful ruling against the anti-gay measure, they changed their minds. Perhaps sensing that they couldn’t argue that Judge Walker was disqualified from the case simply because he is gay, Prop 8’s backers instead decided to argue that the judge should have recused himself because he was in a long-term relationship and may someday have wanted to get married, thus benefiting from his own ruling.

This meant that the Prop 8 attorneys first had to somehow prove that Judge Walker intended to marry his partner of many years, and then demonstrate that if he did intend to get married himself he shouldn’t have judged the case. Since Walker hadn’t granted them a tell-all interview, the task of proving that the judge intended to get married became a game of speculation and assumption, and led to exchanges like this one, roughly transcribed with comments by Courage Campaign (W is the judge, James Ware and C is Charles Cooper, the attorney defending Prop 8):

W: What is fact you rely upon that judge walker was in a relationship for purposes of marriage?

C: The fact that he has publicly announced that he is and has been in a relationship with another person?

W: So if you are in a ten year relationship with another person, that is for purposes of marriage?

(laughter—this Cooper is so silly. He should do a Mennen deodorant ad, though. I think he’s still dry.)

C: Blah

W: You would concede that you could be in a long term relationship without being in it for purposes of marriage?

C: Yes.

W: What distinguishes it?

C: Very fact that two individuals are in kind of relationship Walker has…

W: What distinguishes between two?

C: There are platonic friendships that do not lead to marriage. [laughter]

W: What do you mean platonic?

C: Non-intimate, non-sexual. Clear understanding of media reports…

W: You are saying that length of relationship alone converts to marriage relationship?

C: Yes. Bespeaks commitment. All of these have been used interchangeably. Take pains to say they are in long term relationships.

W: Their relief was not to stay in long term relationship. Nothing threatened their long term relationship. Neither they nor Walker threatened. They sought to change relationship. What fact would cite to the court that Walker sought to change his relationship?

C: (Stumbles…) There are several points I would make that a reasonable person with knowledge that judge walker would be expected to have an interest in marrying his long time partner. (Thought police, please) Judge Walker similarly situated for purpose of marriage just as plaintiffs.

This is the kind of unsubstantiated speculation about a person’s love life that you’d expect from a celeb magazine profile of Jennifer Aniston, not a serious case in federal court. The basic logic of their argument not only makes no sense in the first place – since they argue that same-sex marriage hurts heterosexual marriage, it follows that heterosexual judges would have to recuse themselves as well (more on that here). But the fact that Prop 8’s proponents have resorted to baseless theorizing about the judge’s personal life truly underscores just how weak a case they have they have.

It is also telling that the “dirt” that Cooper has dug up about Walker isn’t exactly scandalous…in fact, his matter-of-fact assumption that two people in a long-term, committed relationship might want to get married can be seen as a strong argument in favor of letting them do just that.

For their part, the pro-equality camp argued that Judge Walker shouldn’t have had to recuse himself from the case, regardless of who he was planning or not planning to marry.

The judge has promised a decision soon, possibly within a day.

PFAW

Harry Jackson Says MLK Would Oppose Marriage Equality

Yesterday, the House of Representatives passed the House Armed Services Committee Authorization bill, which included three amendments designed to delay the repeal of the discriminatory “Don’t Ask, Don’t Tell” policy.

With the Senate taking up the bill, Rep. Randy Forbes, along with Bishop Harry Jackson and a group of right-wing pastors, held a press conference to encourage the Senate to pass the pro-DADT amendments.

Attempting to seem semi-reasonable, Jackson began the conference by claiming that amendments intending to make the repeal of DADT more difficult and time-consuming weren’t about DADT itself, but instead about “clarity.”

That line of reasoning lasted all of 15 minutes. By the time Q&A rolled around, Jackson and the Religious Right figures that had joined him used all of the same tired arguments that have been used against DADT in the past. When asked if the repeal of DADT would hurt recruitment, Bishop John Neal claimed that he wasn’t sure, but what he was really worried about was the “close quarters” that soldiers have to share, and what would happen when there was “only one spout” on the shower.

This again?

Multiple speakers claimed that “no one should be marginalized for their religious beliefs,” but they all seem to believe that marginalizing people for their sexual orientation is perfectly acceptable. One of the speakers, John Neil, went so far as to claim that the military discriminates all the time, by not allowing, for example, extraordinarily tall people to pilot cramped fighter jets. Because that’s exactly the same situation.

Despite their claims to be promoting the rights of chaplains, this group showed that their real goal was restricting the rights of the LGBT community, going so far as to assert that Martin Luther King Jr. would disapprove of same-sex marriage:


 

Jackson: There were members of his family who were for gay marriage, others were against. I know this: King basically spoke from two vantage points that he thought were very, very sacred within the American culture - one was the Bible and the other was the Constitution. And I think what we're dealing with here is that from a biblical perspective, King no doubt would have been with us biblically. And I think, again, the lines of what is exactly the right of an American to do, I've got a hard time believing that "the pursuit of happiness" crosses into some of these areas. So I think that King would be with us, as a preacher first.

Question: Just to clarify: you're saying Dr. King would be against gay marriage?

Jackson: Yes. Very specifically, yes. Because it's against what is clearly written in Scripture. And if you listen to any of his messages, that clarion call to scriptural accountability even to the point when his own house was firebombed and folks came up in Montgomery armed and ready to go fight folks, he said "no, no, no, we will turn the other cheek." So there was not just a tacit biblical acceptance or kind of whitewashing, if I can use that phrase, certain kinds of behaviors and say this is Christian, this is not. I think there was an inherent commitment to those issues in our social culture.
PFAW

Prop 8 Proponents Change Their Tune on the Damage of Marriage Equality

In their latest attempt to stymie marriage equality in the courts, the lawyers defending California’s Proposition 8 are now claiming that Vaughn Walker, the judge who ruled the state’s marriage discrimination unconstitutional, should have been disqualified from the case because he is gay.

The argument that a gay judge shouldn’t be allowed to handle gay rights cases is pretty flimsy to begin with – but now it’s caused the anti-equality attorneys to paint themselves into a pretty tight corner:

Now, as the sponsors of Proposition 8 try to convince the courts that the judge who overturned the measure had a built-in bias as a gay man with a longtime partner, their opponents are invoking that same campaign message: If Prop. 8 was meant to preserve opposite-sex marriages, they argue, then any judge, gay or straight, would have the similar conflict of interest.

In their latest court filing, the measure's supporters reply that they never promoted Prop. 8 as a benefit for married couples - just for society as a whole.

"Our argument is that adoption of same-sex marriage will likely harm the institution of marriage over time, not that any individual's existing marriage will be affected," said Charles Cooper, lawyer for the Prop. 8 campaign committee, a conservative religious coalition called Protect Marriage.

"The notion that all married heterosexual judges have a direct and substantial personal interest in the outcome of this case is, of course, patently absurd."

Oh really?

Because in the Prop 8 trial last summer, Cooper himself argued that allowing gay people to marry would actively harm heterosexual marriages…by somehow encouraging heterosexuals to cheat on their spouses.

And then there’s the famous ad that Protect Marriage’s major financial backer, the National Organization for Marriage, created to boost Prop 8:

These people sound pretty personally threatened by the prospect of gay people getting married.

Maybe Prop 8’s proponents have changed their minds about the dire consequences of marriage equality. Or maybe they’re just once again running up against the lack of logic behind their case.

 

PFAW