marriage

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

Mitt Romney and Rick Perry Confirmed to Attend Far-Right Values Voter Summit

The Family Research Council sent word today that GOP presidential frontrunner Mitt Romney is now confirmed to join Rick Perry, Michele Bachmann, Rick Santorum, Ron Paul and Herman Cain at this year’s Values Voter Summit, a far-right extravaganza hosted by some of the most intolerant Religious Right groups in the business. Organized by the vehemently anti-gay Family Research Council, the event is also sponsored by the American Family Association and Liberty Counsel, among other right-wing groups.

Last year, we raised an alarm when Romney and Bachmann, along with Virginia Gov. Bob McDonnell, Rep. Mike Pence and former Arkansas Gov. Mike Huckabee attended the event. We were particularly concerned that these leaders would be willing to share the stage with the American Family Association’s spokesman Bryan Fischer, whose record of bigotry against gays and lesbians, Muslim Americans and American Indians, among others, is truly appalling.

Although Fischer is not yet listed as a confirmed speaker at this year’s event, attendees will have the honor of sharing the stage with some pretty extreme Religious Right activists, including Liberty Council’s Mat Staver, who opposes anti-bullying initiatives that protect LGBT kids and says that gay rights supporters have “a very militaristic anti-Christian viewpoint”; retired General Jerry Boykin, who thinks President Obama is using health care reform legislation to recruit an army of brownshirts loyal only to him; and Star Parker, who claims that black family life “was more healthy” under slavery than today.

And that’s not to mention the two main organizers of the event, the FRC and the AFA, which have both been listed as hate groups by the Southern Poverty Law Center for their propagation of false anti-gay rhetoric.

Highlights of last year’s summit included FRC leader Tony Perkins simultaneously insulting gay troops and a number of key U.S. allies in Iraq and Afghanistan by declaring that countries that allow gays and lesbians to serve openly in their armed forces are “the ones that participate in parades, they don't fight wars to keep the nation and the world free”; and Rick Santorum asserting that there are “no families” in impoverished neighborhoods.

Apparently the tone of last year’s event and the guest list of this year’s haven’t given any pause to the top GOP presidential candidates, who are eager to recruit the support of even the most extreme leaders of the Religious Right. That Romney is returning to VVS is an important reminder that, despite his self-styled “moderate” image, he is just as beholden to extreme Religious Right interests as the rest of the field.
 

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

Funnywoman Bachmann

Michele Bachmann said she was joking when she suggested this weekend that last week’s earthquake and the deadly Hurricane Irene were a message to Washington from God. Here are a few recent statements that we hope are also jokes:

• What people recognize is that there's a fear that the United States is in an unstoppable decline. They see the rise of China, the rise of India, the rise of the Soviet Union and our loss militarily going forward." 8/18/11

• “Literally, if we took away the minimum wage — if conceivably it was gone — we could potentially virtually wipe out unemployment completely because we would be able to offer jobs at whatever level.” 2005

[Gay marriage] is an earthquake issue. This will change our state forever. Because the immediate consequence, if gay marriage goes through, is that K-12 little children will be forced to learn that homosexuality is normal, natural and perhaps they should try it.” 7/28/11

• “Carbon dioxide is portrayed as harmful. But there isn’t even one study that can be produced that shows that carbon dioxide is a harmful gas.” 2008

The list goes on.

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

DHS, Congress, and President Obama: Stop separating our families!

There are an estimated 36,000 gay and lesbian binational couples in the United States. Because of the Defense of Marriage Act (DOMA) and other discriminatory federal policies, these Americans are unable to sponsor their foreign-born same-sex spouses.

Meet Frances Herbert and Takako Uedathey need your help! With Takako’s student visa set to expire, the threat of Takako’s deportation looms large for a couple who is legally married in Vermont and has known each other for over 30 years.

Anthony Makk and Bradford Wells are a couple in San Francisco who have been married for seven years. However, because their marriage is not recognized by the federal government, Wells, an Austrialian, faces deportation later this month.

Earlier this year, Rep. Jerrold Nadler and Sen. Patrick Leahy introduced the Uniting American Families Act (UAFA). It is a meaningful step toward providing equality to same-sex couples and keeping their families together. It would allow many same-sex partners to begin the immigration process more quickly, efficiently, and with fewer limitations. For many, it could very well be the only avenue available to keep their families together in the US.

Please join us in calling on President Obama and the Department of Homeland Security to keep couples like Frances and Takako and Anthony and Bradford together. Also, contact your senators and representative and urge them to cosponsor UAFA. All families deserve to stay together and have a chance at pursuing the American dream.

PFAW

Taking it Back to 1987, Mitt Romney Teams Up with Judge Bork

Mitt Romney yesterday announced the members of his campaign’s legal advisory team, which will be led by none other than Robert Bork.

This is interesting because Judge Bork’s views of the law and Constitution were so extreme that his 1987 Supreme Court nomination was rejected by the Senate.

Here’s the TV spot People For the American Way aired about Bork at the time:

Among the reasons PFAW, the United States Senate, and the American people concluded that Bork was not suitable for a seat on the nation’s highest court:

  • Bork rejected the idea of a constitutional right to privacy – the basis for our freedom to use contraception, choose whether to have an abortion, and engage in private consensual sexual activity – putting him far to the right of most sitting Supreme Court justices.
  • He regularly interpreted the law to favor the powerful, to the particular detriment of women and people of color, including opposing the Civil Rights Act and claiming that the Equal Protection Clause does not apply to women.

As another Massachusetts political leader, Sen. Edward Kennedy famously put it:

Robert Bork's America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens' doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists would be censored at the whim of government, and the doors of the federal courts would be shut on the fingers of millions of citizens for whom the judiciary is often the only protector of the individual rights that are the heart of our democracy.

America is a better and freer nation than Robert Bork thinks.

And in the years after his failed Supreme Court nomination, Bork kept on reminding us of why he would have been a disastrous Supreme Court Justice. From a 2002 PFAW report:

Robert Bork has carved out a niche for himself as an acerbic commentator on the Supreme Court, as well as various cultural issues. In fact, to Bork the two topics are closely related and the Supreme Court’s “illegitimacy” and its departure from the Constitution are in many ways responsible for our growing “cultural depravity.”

According to Bork, we are rapidly becoming a fragmented society that has totally lost its nerve and is now either unwilling or unable “to suppress public obscenity, punish crime, reform welfare, attach stigma to the bearing of illegitimate children, resist the demands of self-proclaimed victim groups for preferential treatment, or maintain standards of reason and scholarship.” Abortion, technology, affluence, hedonism, and modern liberalism are gradually ruining our culture and everywhere you look “the rot is spreading.”

Bork has denounced the public education system that “all too often teaches moral relativism and depravity.” He considers sensitivity training to be little more than “America’s version of Maoist re-education camps.” He has shared his fear that recognition of gay marriage would lead to accommodation of “man-boy associations, polygamists and so forth.” And he has criticized the feminist movement for “intimidat[ing] officials in ways that are destructive of family, hostile to masculinity, damaging to the military and disastrous for much education.”

It appears as if almost everything within contemporary culture possesses the capacity to offend Bork. He attacks movies for featuring “sex, violence and vile language.” He faults television for taking “a neutral attitude toward adultery, prostitution, and pornography” and for portraying homosexuals as “social victims.” As for the art world, most of what is produced is “meaningless, uninspired, untalented or perverse.” He frets that the “pornographic video industry is now doing billions of dollars worth of business” and the invention of the Internet will merely result in the further indulgence of “salacious and perverted tastes.” When it comes to music, “rock and rap are utterly impoverished … emotionally, aesthetically, and intellectually.”

More to the point, Bork is not content merely to criticize; he wants the government to do something about it. “Sooner or later,” he claims “censorship is going to have to be considered as popular culture continues plunging to ever more sickening lows.” So committed is he to this cause that he dedicated an entire chapter in his 1996 book Slouching Toward Gomorrah to making “The Case for Censorship.” In it, he advocates censoring “the most violent and sexually explicit material now on offer, starting with obscene prose and pictures available on the Internet, motion pictures that are mere rhapsodies to violence, and the more degenerate lyrics of rap music.”

When asked by Christianity Today about how he would decide what should and should not be censored, Bork announced: “I don’t make any fine distinctions; I’m just advocating censorship.” He went on to argue that the United States has a long history of censorship, and that such censorship “didn’t suppress any good art, it didn’t eliminate any ideas.” He goes on to state that, were individuals to decry such censorship as inhibiting their individual liberty or right to express themselves, he would reply “… yes, that is precisely what we are after.”

In choosing Bork to head his legal team, Mitt Romney is sending a clear message to the farthest right of the Right Wing... \and reminding us all that our 2012 vote for president is also a vote for the Supreme Court for the next generation.

PFAW

President Obama supports the Respect for Marriage Act

The day before last week's historic hearing on repealing the discriminatory Defense of Marriage Act (DOMA), President Obama reiterated his commitment to fighting for LGBT equality. White House Press Secretary Jay Carney read a brief but important statement expressing the president’s support for the Respect for Marriage Act.

   

President Obama understands that the Respect for Marriage Act is about ensuring that all families are treated equally and with the dignity and respect they deserve.

The bill currently has 120 and 27 cosponsors in the House and Senate, respectively. Please contact your senators and representative and ask them to join the President in fighting to repeal DOMA and fulfilling the promise of equality for all.

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

Who's Who in Today's DOMA Hearing

Cross-posted on RIght Wing Watch

Senate Republicans have called Tom Minnery of Focus on the Family, David Nimocks of the Alliance Defense Fund and Ed Whelan of the Ethics and Public Policy Center as witnesses in today’s hearing on the “Defense of Marriage Act.” The groups these witnesses represent have a long record of extreme rhetoric opposing gay rights:

CitizenLink, Focus on the Family’s political arm, is a stalwart opponent of gay rights in every arena:

• Focus on the Family has consistently railed against the repeal of Don’t Ask, Don’t Tell, demanding the discriminatory policy’s reinstatement.

• The group claims anti-bullying programs that protect LGBT and LGBT-perceived youth in schools amount to “homosexual indoctrination” and “promote homosexuality in kids.”

• The group insists that House Republicans investigate the Justice Department over its refusal to defend the unconstitutional Section 3 of DOMA.

The Ethics and Public Policy Center is backed by the far-right Sarah Scaife Foundation, the John M. Olin Foundation, the Lynde and Harry Bradley Foundation, and the Koch- backed Castle Rock Foundation, all well-known right-wing funders.

• George Weigel of EPPC wrote in June that “legally enforced segregation involved the same kind of coercive state power that the proponents of gay marriage now wish to deploy on behalf of their cause.”

• Ed Whelan spearheaded the unsuccessful and widely panned effort to throw out Judge Vaughn Walker’s 2010 decision finding California’s Proposition 8 to be unconstitutional on the grounds that Walker was in a committed same-sex relationship at the time of the decision.

The Alliance Defense Fund, which bills itself as a right-wing counter to the American Civil Liberties Union, is dedicated to pushing a far-right legal agenda:

• The ADF has been active on issues including pushing "marriage protection," exposing the "homosexual agenda" and fighting the supposed "war on Christmas."

• The ADF claims 38 “victories” before the Supreme Court, including: Citizens United v. Federal Election Commission, which allows corporations to spend unlimited money on elections in the name of “free speech” and Boy Scouts of America v. Dale (2000), which allowed the Boy Scouts to fire a Scout Leader because he was gay.

PFAW

Will Immigration Authorities Stop Discriminating Against Same-Sex Marriages?

Last year, we wrote about Joshua Vandiver and Henry Velandia, a married couple who risked being separated because of discrimination in federal immigration laws. Vandiver, an American citizen, and Velandia, a Venezuelan, were married in Connecticut, but because the Defense of Marriage Act prohibits federal agencies from recognizing same-sex marriages, Vandiver was unable to sponsor Velandia for a green card, and Velandia was at risk of being deported.

Then, earlier this month, Immigration and Customs Enforcement quietly closed the case against Velandia – in a move that could set a powerful precedent for how immigration officials deal with cases of married gay couples. From the New York Times:

In a decision that could have far-reaching effects on immigration cases involving same-sex couples, federal officials have canceled the deportation of a Venezuelan man in New Jersey who is married to an American man, the couple’s lawyer said Wednesday.

Josh Vandiver, left, and his husband, Henry Velandia, outside the immigration court in Newark on Friday.

The announcement comes as immigration officials put into effect new, more flexible guidelines governing the deferral and cancellation of deportations, particularly for immigrants with no serious criminal records.

Immigration lawyers and gay rights advocates said the decision represented a significant shift in policy and could open the door to the cancellation of deportations for other immigrants in same-sex marriages.

“This action shows that the government has not only the power but the inclination to do the right thing when it comes to protecting certain vulnerable populations from deportation,” said the couple’s lawyer, Lavi Soloway.

The case has been closely watched across the country by lawyers and advocates who viewed it as a test of the federal government’s position on the Defense of Marriage Act, a federal law that bars the federal government from recognizing same-sex marriages.

Vandiver, a Princeton graduate student, and Velandia told their story in a video for the Daily Princetonian last year:

 

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 Backer Seeks Gay Money with False Claim on Civil Unions

PFAW President Michael Keegan's recent Huffington Post commentary pointed out that former Utah Gov. Jon Huntsman, the latest to throw his hat in the GOP presidential ring, is more conservative than his media-generated image as a moderate. Here’s more evidence supporting Keegan’s claim that Huntsman’s campaign strategy is to try to be all things to all people: Huntsman supporters are making a big play for campaign contributions from LGBT donors -- but they aren't telling the truth about his record. 

According to Politico, California Log Cabin Republican official Charles T. Moran has sent a fundraising email that makes this claim:“Governor Huntsman signed into law Utah’s first Civil Unions legislation – a politically courageous move on his part given that state’s politics.”

That claim is simply false.  It is true that in 2009, Huntsman declared his support for civil unions, five years after he backed a state constitutional amendment that bans marriage and forbids recognition of any "other domestic union" that has the "same or substantially equivalent legal effect" as marriage. But civil unions never became law in Utah.

In 2008, Huntsman did sign a law, SB 299, that allowed local governments to have something like a domestic partnership registry as long as they did not describe it as a domestic partnership registry. That’s a far cry from a state civil unions law, which is still prohibited by a constitutional amendment that Huntsman supported.

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

Empathy and The Loving Story

As a presidential candidate, Barack Obama let us know who he would be selecting as judicial nominees.

You know, Justice Roberts said he saw himself just as an umpire. But the issues that come before the court are not sport. They're life and death. And we need somebody who's got the heart to recogni-- the empathy to recognize what it's like to be a young, teenaged mom; the empathy to understand what it's like to be poor or African-American or gay or disabled or old. And that's the criteria by which I'm going to be selecting my judges.

This “empathy standard” became a red herring used to attack the President and qualified jurists like Sonia Sotomayor and Elena Kagan. Then Senator Ted Kaufman (DE) emphasized just how wrong that argument was.

Likewise, President Obama’s promotion of empathy is not, as his critics suggest, the advocacy of bias. “Empathy,” as a quick look at the dictionary will confirm, is not the same as “sympathy.” “Empathy” means understanding the experiences of another, not identification with or bias toward another. Let me repeat that. “Empathy” means understanding the experiences of another, not identification with or bias toward another. Words have meanings, and we should not make arguments that depend on misconstruing those meanings.

As we continue to hear empathy trotted out as something sinister, it’s important to consider where our country might’ve been without it. That’s the lesson of The Loving Story.

Virginia’s argument that its law did not discriminate on the basis of race because it restricted both whites and African Americans equally might have persuaded Justices who were blind to the devastating impact of anti-miscegenation laws on everyday people. However, empathy allowed the Supreme Court in Loving v. Virginia to see what it really meant to ban interracial marriage. Yet just because that meant the Warren Court came down on the side of the “little guy,” doesn’t mean it ignored constitutional principles.

This case presents a constitutional question never addressed by this Court: whether a statutory scheme adopted by the State of Virginia to prevent marriages between persons solely on the basis of racial classifications violates the Equal Protection and Due Process Clauses of the Fourteenth Amendment. For reasons which seem to us to reflect the central meaning of those constitutional commands, we conclude that these statutes cannot stand consistently with the Fourteenth Amendment.

It just so happens that the Lovings were on the right side of the Constitution in their struggle to live with who they loved, where they were happiest, and where they wanted to raise their family.

If you get the chance to see The Loving Story, as I did at a DC screening earlier this week (more in Silver Spring next week), think about Mildred and Richard Loving and the countless couples who faced the same struggle. Think about how their state laws wronged not only them but also the Constitution. Think about how empathy put justice back on track.

Laura Murphy, Director, ACLU Washington Legislative Office, sums it up better than I ever could.

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