Proposition 8

When Will it Stop Being Cool to Be an Anti-Gay Republican?

Last night, Ken Mehlman, the man who orchestrated George W. Bush’s 2004 reelection campaign--including, we can presume, its electorally popular anti-gay positions--came out as gay himself. Mehlman says he’s now working with American Foundation for Equal Rights to advocate for marriage equality.

The National Organization for Marriage immediately attacked Mehlman for “abdicating core Republican values.” But mainstream Republicans, whose bread and butter in recent years has relied on stoking anti-gay resentments, have been for the most part supportive of Mehlman personally and silent on his new advocacy work.

That’s not surprising. Earlier this week, People For’s president, Michael B. Keegan, wrote a piece in the Huffington Post on how anti-gay politics are increasingly confined to the Republican party’s extreme-right fringe…and the fringe is beginning to see the writing on the wall:

For years, the Right has watched its anti-gay agenda lose credibility as public acceptance of gays and lesbians has steadily grown and intolerance has declined. And that trend is going strong, as young people of all political stripes are more likely to know gay people and more willing to grant them equal rights and opportunities, including the right to marriage. A CNN poll this month found that a majority of Americans think gays and lesbians should have the right to marry--the first time gay marriage dissenters had slipped solidly into the minority in a national poll. Even in California, where Proposition 8 passed on the ballot in 2008, a poll earlier this year found a majority now support same sex marriage rights. Indeed, this change is even visible on the Right, where the fight against equality is being waged by an increasingly marginalized movement. Who would have ever thought that Ann Coulter would be booted from a right-wing conference for being "too gay friendly"?

Pam Spaulding points to a piece in the Frum Forum outlining the Far Right’s panic that gay-hating is rapidly becoming passé among mainstream political conservatives:

These swift changes in the GOP from gay bashing a la Patrick Buchanan’s 1992 convention speech towards tolerance and even support of gay equality is both astonishing and alarming to elements of the far right. Several prominent social conservatives have decried these changes. WorldNetDaily Editor David Kupelian recently wrote “Much of conservatism has now morphed into libertarianism…even high profile conservative warriors seem to be abandoning the gay issue” and went on to list recent examples of gay rights making progress within the GOP such as Glenn Beck’s announcement that gay marriage presents no threat to America, Ann Coulter addressing the gay conservative group GOProud, and CPAC’s refusal to ban GOProud. Social conservative Robert Knight bemoaned the fact that Republicans are increasingly supportive of gay equality in his column “Smarter than God”; and the American Family Association’s radio host Bryan Fischer also blasted Republicans for failing to sufficiently support the anti-gay cause.

This past week the Washington Blade even published an article titled “Conservatives take the lead in marriage fight” arguing that libertarian-leaning conservatives are advancing gay rights, perhaps more so than Democrats. Who would have thought in 1992 we would one day see Republicans lauded by the gay press?

This shift toward acceptance—and away from the divisive anti-gay politics exemplified by Bush’s campaign strategy—is clearly taking place. But it’s far from over. Even if mainstream conservatives are starting to shy away from anti-gay politics, the mess that the homophobic politics of the past decades has left is still here, and still harmful. If members of the party that exploited homophobia for years to create our strongly anti-gay status quo remain silent on gay rights, they condone discrimination.

The Don’t Ask, Don’t Tell policy still keeps gays and lesbians from serving openly in the military. Hundreds of hate crimes motivated by sexual orientation are committed each year—but all but 18 Republicans in the House and five in the Senate opposed the bill last year that expanded hate crimes laws to prevent these. 30 states have passed constitutional amendments prohibiting same-sex marriage—11 of these were put on the ballot in an effort to draw voters for Bush and his fellow Republicans in 2004.

Asked by the Advocate about his role in crafting the strategy that led to those 11 constitutional amendments, Mehlman said, “I can’t change that – it is something I wish I could and I can only try to be helpful in the future.”

Mehlman, whatever you think of his past actions, is right—there is a lot of positive work that needs to be done to undo the damaging anti-gay crusades of the past. It’s great that at least some in the Republican Party are beginning to accept gay people, or at least are refraining from being virulently homophobic. But they won’t be off the hook until they start working to actively undo the destructive policies of the past.

And, as Gabriel Arana points out, though Mehlman’s political change of heart was tied up with his own personal struggle, “you don’t have to be gay to do the right thing.”
 

PFAW

Proposition 8: Just the Facts

Yesterday afternoon, federal Judge Vaughn Walker ruled that Proposition 8 violated the United States Constitution. This is an important milestone.

One reason it is so important is the factual record that was compiled for the case. Judge Walker developed an extremely detailed factual record upon which to base his legal conclusions - a record of the significant harm that marriage inequality causes, of the history of discrimination faced by lesbian and gay people, and of the animus behind Prop 8. In fact, more than 50 pages of the opinion are devoted to his findings of fact.

For instance, there's Fact 55: "Permitting same-sex couples to marry will not affect the number of opposite-sex couples who marry, divorce, cohabit, have children outside of marriage or otherwise affect the stability of opposite-sex marriages."

Or Fact 56: "The children of same-sex couples benefit when their parents can marry."

Or Fact 66: "Proposition 8 increases costs and decreases wealth for same-sex couples because of increased tax burdens, decreased availability of health insurance and higher transactions costs to secure rights and obligations typically associated with marriage. Domestic partnership reduces but does not eliminate these costs."

Or Fact 74: "Gays and lesbians have been victims of a long history of discrimination."

Or Fact 76: "Well-known stereotypes about gay men and lesbians include a belief that gays and lesbians are affluent, self-absorbed and incapable of forming long-term intimate relationships. Other stereotypes imagine gay men and lesbians as disease vectors or as child molesters who recruit young children into homosexuality. No evidence supports these stereotypes."

This factual record is very important, because when Prop 8 supporters appeal the decision, the appellate court will have to accept these facts. Appellate federal courts are generally limited to deciding issues of law, not of fact. Well-supported facts like these will make it much harder for an appellate court to reverse the decision.

More broadly, this case shows us that when the forces of the Right face an independent judge, the arguments that serve them so well on Fox News wither before genuine scrutiny. It also shows the beauty of the American constitutional system, where our independent judiciary protects Equal Justice Under the Law.

PFAW

A Win for Fact Over Prejudice

California federal judge Vaughn Walker’s opinion yesterday in the case of Perry v. Schwarzenegger—in which he struck down the state’s ban on gay marriage—was a strong defense of the values embodied in the Constitution. But it was also something more. In his 136-page opinion, Judge Walker carefully dismantled dozens of the myths that opponents of marriage equality have attempted to use as legitimate legal arguments against allowing gay people to marry. And unlike the defenders of marriage discrimination, Walker didn’t make up evidence out of whole cloth—in his analysis, he relies on expert testimony, statistics, and the lessons of history. Slate’s Dahlia Lithwick writes:

It's hard to read Judge Walker's opinion without sensing that what really won out today was science, methodology, and hard work. Had the proponents of Prop 8 made even a minimal effort to put on a case, to track down real experts, to do more than try to assert their way to legal victory, this would have been a closer case. But faced with one team that mounted a serious effort and another team that did little more than fire up their big, gay boogeyman screensaver for two straight weeks, it wasn't much of a fight. Judge Walker scolds them at the outset for promising in their trial brief to prove that same-sex marriage would "effect some twenty-three harmful consequences" and then putting on almost no case.

The stunning thing is that the feeble arguments that Prop 8 defenders were able to muster against marriage equality were in fact the best they could come up with. Kyle at Right Wing Watch writes that there was some in-fighting among the Right Wing over who would get to defend Proposition 8 in court. The fervently anti-gay Liberty Council tried to wrest the defense away from the equally anti-gay but slightly more street-smart Alliance Defense Fund, because the ADF wanted to base its case partially on factual evidence rather than purely on vitriol. The ADF won out, but they were left with a small problem: there was no factual evidence to be found.
 

PFAW

Federal Judge Rules Gay Marriage Ban Unconstitutional

A federal judge in California today ruled Proposition 8, the state’s ban on gay marriage, unconstitutional. Judge Vaughn Walker’s opinion declares the marriage ban a violation of the Constitution’s equal protection and due process clauses, and debunks the arguments of marriage equality opponents on issues ranging from the welfare of children raised by gay and lesbian parents (they do just fine) to the effect of same-sex marriage on other marriages (none).

To be honest, we’re still wading through the opinion, and will have more analysis of the legal arguments tomorrow. But for now, let’s appreciate the real effect this decision will have on people like Jeff Zarillo and Paul Katami, two of the plaintiffs in the case, who now have a chance at regaining the right to marry. Here are the video that the American Foundation for Equal Rights put together about Jeff and Paul:
 

Paul and Jeff from American Foundation for Equal Ri on Vimeo.

PFAW

More on the Prop 8 Trial

The frailty of the legal arguments against marriage equality was on full display during yesterday’s closing arguments in the Perry v Schwarzenegger trial. The proponents of upholding California’s Proposition 8, which bans same-sex marriage in the state, insisted during the trial that procreation is central to marriage, and that gay couples should therefore not be allowed to marry. The following exchange between Judge Walker and Charles Cooper, the attorney defending Prop 8, speaks for itself:

MR. COOPER: …Marriage is a license to cohabit and to produce legitimate children.

THE COURT: But the state doesn't withhold the right to marriage to people who are unable to produce children of their own.

MR. COOPER: That's true, your Honor, it does not. It does not insist --

THE COURT: Are you suggesting that the state should, to fulfill the purpose of marriage that you have described?

MR. COOPER: No, sir, your Honor. It is by no means a necessary -- a necessary condition or a necessary requirement to fulfilling the state's interests in naturally potentially procreative sexual relationships.

Dante Atkins on the Daily Kos summarizes the circular argument Cooper tried to make:

Let's recap this thread between Cooper and Walker, because it's just embarrassing. Cooper says that opposite-sex couples who can't procreate get the ancillary benefits of marriage, like stability, loving commitment, etc. Walker asks: well, don't same-sex couples get those same things through marriage? And Cooper responds: "but they can't procreate!" And there we are, back at square one. It's an embarrassingly dreadful performance from a legal point of view, because Cooper has completely avoided the question of why it's constitutional to deny same-sex couples the ancillary benefits of marriage that Judge Walker outlined.

Why did Cooper and his colleagues rely on this weak argument? Because they thought the Court would view it more favorably than the toxic anti-gay rhetoric proponents of Prop 8 used in 2008 to convince California voters that same-sex marriages were a threat to children. Christopher Stroll at Pam’s House Blend writes:

[Plaintiffs’ attorney Ted] Olson hammered home the point that during the election, Prop 8 backers argued that children needed be "protected" from gay people -- but during the trial, the Prop 8 backers did not raise this argument, which echoes themes that anti-gay forces have used for decades to stigmatize and marginalize gay men and lesbians. Instead, the attorneys defending Prop 8 argued that same-sex couples must be excluded from marriage because the purpose of marriage is procreation.

Another baseless argument that backers of Prop 8 made was that gay marriage would “deinstitutionalize” marriage. Olson eloquently debunked that particular right wing myth:

The plaintiffs have no interest in changing marriage or deinstitutionalizing marriage. They desire to marry because they cherish the institution.

PFAW

The Freedom to Marry

The American Foundation for Equal Rights has posted a transcript of yesterday's closing arguments in Perry v. Schwarzenegger, the trial challenging the constitutionality of California's ban on same-sex marriage. Theodore B. Olson, the attorney for the couples who are challenging the ban, went straight for the definition of marriage and what it means to individuals and to society.

Here are some excerpts from his closing arguments:

I think it's really important to set forth the prism through which this case must be viewed by the judiciary. And that is the perspective on marriage, the same subject that we're talking about, by the United States Supreme Court. The Supreme Court -- the freedom to marry, the freedom to make the choice to marry. The Supreme Court has said in -- I counted 14 cases going back to 1888, 122 years. And these are the words of all of those Supreme Court decisions about what marriage is.

And I set forth this distinction between what the plaintiffs have called it and what the Supreme Court has called it. The Supreme Court has said that: Marriage is the most important relation in life. Now that's being withheld from the plaintiffs. It is the foundation of society. It is essential to the orderly pursuit of happiness. It's a right of privacy older than the Bill of Rights and older than our political parties. One of the liberties protected by the Due Process Clause. A right of intimacy to the degree of being sacred. And a liberty right equally available to a person in a homosexual relationship as to heterosexual persons. That's the Lawrence vs. Texas case.

Marriage, the Supreme Court has said again and again, is a component of liberty, privacy, association, spirituality and autonomy. It is a right possessed by persons of different races, by persons in prison, and by individuals who are delinquent in paying child support.

I think it's really important, given what the Supreme Court has said about marriage and what the proponents said about marriage, to hear what the plaintiffs have said about marriage and what it means to them, in their own words.

They have said that marriage means -- and this means not a domestic partnership. This means marriage, the social institution of marriage that is so valuable that the Supreme Court says it's the most important relation in life. The plaintiffs have said that marriage means to them freedom, pride. These are their words. Dignity. Belonging. Respect. Equality. Permanence. Acceptance. Security. Honor. Dedication. And a public commitment to the world.

One of the plaintiffs said, "It's the most important decision you make as an adult." Who could disagree with that?

...

On the one hand, we have the proponents' argument that it's all about procreation and institutionalizing -- deinstitutionalizing marriage, but was not supported by credible evidence. I couldn't find it. That's the one hand.

On the other stands the combined weight of 14 Supreme Court opinions about marriage and the liberty and the privacy of marriage. The testimony of the plaintiffs, about their life and how they are affected by Proposition 8, and the combined expertise of the leading experts in the world, as far as we were able to find. It is no contest.

 

PFAW

Proposition 8: Open Season on Minorities?

We’re all waiting to see how the California Supreme Court rules on the constitutionality of Proposition 8. Equality advocates argue that stripping lesbian and gay people of the right to marry was what California law calls a revision: a constitutional change so fundamental that it should not have been allowed on the ballot without first being approved by a constitutional convention or a legislative supermajority.

In contrast, Proposition 8’s far right supporters claim it was a constitutional amendment: a non-fundamental change that properly went directly to the voters. Supporters of Prop 8 have also loudly condemned equality advocates for going to court after the election, saying that such a move is illegitimate because the people have already spoken.

The Right is wrong on both counts.

PFAW

Gay but Equal?

By MARY FRANCES BERRY

(From the January 16, 2009 edition of the New York Times)

AS the country prepares to enter the Obama era, anxiety over the legal status and rights of gays and lesbians is growing. Barack Obama's invitation to the Rev. Rick Warren, an evangelical pastor who opposes same-sex marriage, to give the invocation at his inauguration comes just as the hit movie "Milk" reminds us of the gay rights activism of the 1970s. Supporters of gay rights wonder if the California Supreme Court might soon confirm the legitimacy of Proposition 8, passed by state voters in November, which declares same-sex marriage illegal -- leaving them no alternative but to take to the streets.

To help resolve the issue of gay rights, President-elect Obama should abolish the now moribund Commission on Civil Rights and replace it with a new commission that would address the rights of many groups, including gays.

The fault lines beneath the debate over gay rights are jagged and deep. Federal Social Security and tax benefits from marriage that straight people take for granted are denied to most gays in committed relationships. And because Congress has failed to enact a federal employment nondiscrimination act, bias against gays in the workplace remains a constant threat.

Click here to read more (login may be required).

PFAW

National Gay and Lesbian Task Force Releases Report on California's Prop 8 vote

A new report released by the National Gay and Lesbian Task Force this week analyzing the Prop 8 vote paints a stark picture of the work that must be done by the gay rights community to change hearts and minds.  The report shows that four main factors – party affiliation, political ideology (no surprise here), frequency of attending worship services and age – drove the “yes” vote on Prop 8.  

Countering the uproar that ensued in the aftermath of Prop 8’s passage after exit polls wrongly reported 70 percent of African American supported the ban, the Task Force puts African American support for the ban in the range of 57-59 percent.  You may remember following the elections, People For the American Way Foundation President Kathryn Kolbert released a memo explaining that blaming Black voters for passage of Prop 8 is both wrong and destructive.  Fifty-nine percent isn’t the ideal, but it’s indicative of the education that must be done.  Here’s a snapshot of some of the report’s other findings: 
 
Kitty’s post-election edit memo explaining how blaming black voters for passage of Prop 8 is both wrong and destructive, continued to get plaudits from activists, including this from Alejandro Salinas on the Washingtonian blog:  “Sadly after years of experiencing and observing the way race plays out within the LGBT community, I can’t say I was really surprised by the tone and targets of the rage. Thankfully, I have been encouraged by the words of David Mixner, Kathryn Kolbert at People For the American Way, and many of my personal and blogger friends who swiftly condemned this misdirected anger.”
 
  • More than 70 percent of voters who were Republican, identified themselves as conservative, or who attended religious services at least weekly supported Proposition 8. Conversely, 70 percent or more of voters who were Democrat, identified themselves as liberal, or who rarely attended religious services opposed the measure. More than two-thirds (67 percent) of voters 65 or older supported Proposition 8, while majorities under 65 opposed it.
  • When religious service attendance was factored out, however, there was no significant difference between African Americans and other groups.  In other words, people of all races and ethnicities who worship at least once a week overwhelmingly supported Proposition 8, with support among white, Asian and Latino frequent churchgoers actually being greater than among African Americans. 
  • Overall support for marriage equality has increased by 9 percent since 2000, with support increasing among every age group under age 65, across all racial and ethnic groups and among Protestants, Catholics and Jews. There are three “holdout” groups where voting patterns have not changed: Republicans, conservatives, and those 65 and older.  The largest gain — up 16 percent — was among voters 45-64 years of age, followed by a 13 percent increase among voters 18-29.
PFAW

Trending Toward Greater Acceptance

GLAAD today published a new survey of Americans' feelings on GLBT issues.  The news, I'd say, is generally positive.

    • Three-quarters of U.S. adults (75%) favor either marriage or domestic partnerships/civil unions for gay and lesbian couples. Only about two in 10 (22%) say gay and lesbian couples should have no legal recognition. (Gay and lesbian couples are able to marry in two states, and comprehensive civil union or domestic partnership laws exist in only five others and the District of Columbia.)

    • U.S. adults are now about evenly divided on whether they support allowing gay and lesbian couples to legally marry (47% favor to 49% oppose).

    • Almost two-thirds (64%) of U.S. adults favor allowing openly gay military personnel to serve in the armed forces. (The current “Don’t Ask, Don’t Tell” law bans military service by openly gay personnel.)

But it also called to mind a fascinating piece by Ann Friedman in The American Prospect.

This is something I've heard a lot in the wake of the passage of California's Proposition 8, which bans same-sex marriage. "History is on our side! Don't worry, the demographic trends are with us!"

I'm sorry, but that's just not good enough. These are the kind of conciliatory comments that go part and parcel with the culture-war frame. Civil-rights era activists knew history was on their side. But their goal was not to make every white American comfortable with the idea of sharing public spaces and power with people of color. It was to guarantee people of color those rights, regardless of where the culture stood. That's the thing about rights. You have to claim them.

If you're interested in claiming a few rights, you should sign onto People For's petition to stop federal discrimination against some married couples and Dump DOMA.

PFAW

As my daughter would say... OMG!

It's been quite a time here in Washington DC. Lots of excitement in the air about he new administration. People we know and love are taking new jobs with the Obama administration (how good does that sound!) and helping to plan for one of the truly historic changes we've seen in recent years. Staff here at People For are excited about all the opportunities we will have to push some new creative ideas forward, both at the federal level and in the states. And to top that off, I got the news that the National Journal has rated People For the American Way the number one most effective advocacy organization at "winning the ground game" and helping to expand Democratic power this year.

Earlier this week I had another opportunity to celebrate. People For founder Norman Lear and his good friend, poet Maya Angelou, came to my hometown of Philadelphia to be honored with the Marian Anderson Award, which is given to honor people who use art and culture to further social justice.

Norman, of course, broke new ground and social taboos with television programs that provoked countless conversations in American homes, founded People For the American Way, bought and shared with the American public a first printing of the Declaration of Independence, and created Declare Yourself, which got more than 2 million young voters signed up this year. He never stops!

The awards event, as you'd expect, included great music and art, from the Philadelphia Orchestra to hip hop poets and gospel music. I was especially touched by director Jonathan Demme talking about his belief in People For the American Way, the work we do and the television ads he created for us many years ago. 

If this wasn't enough activity for one week, I also spent a rainy Saturday afternoon in Philadelphia protesting the passage of Proposition 8 in California. One of the best parts of the demonstration (about 500 people outside Philadelphia City Hall) was that the event was only one of many demonstrations held across the country on that Saturday. Back in D.C., People For staff and activists joined the local march and many of you were kind enough to share notes and pictures from marches you attended in your communities. Thanks so much. You truly understand how much is at stake if we allow the Right to chip away at the constitutional values that lie at the heart of America.

All in all, this week has been incredibly inspiring. It was truly great to see how appreciated we are at the Marian Anderson event, to see how committed so many of you are to the cause of equality, and knowing that I lead an organization so uniquely qualified to help bring about the positive change this country needs.

We're already seeing a newly energized Radical Right. Although their unpopular president is leaving office, they are already taking aim at the incoming Obama administration. They're digging in their heels to do all they can to keep this country from moving forward. And that's where we come in. As long as the Right is willing to sustain their attacks on constitutional values, we'll need your help to protect them -- it's the American Way.

PFAW

Big Business and Prop 8

Google made a welcome splash recently by coming out against Proposition 8 in California (the anti-marriage amendment) but Google always likes to be hip and different, right?

Actually, they were catching up to some decidedly old-school companies.  Firedoglake points out that Levi Strauss and Co. also announced its opposition, and joined Pacific Gas and Electric Company as Co-Chair of the “No On Prop 8 Equality Business Council.”  No offense, but it’s hard to get stodgier than a utility company, and a business that made blue jeans for gold miners isn’t exactly cutting edge.  Yet they’re both taking unapologetically pro-marriage stances.  Good for them.

No matter how hard the Right tries to pretend otherwise, marriage equality is mainstream, and marriage discrimination is rapidly becoming a fringe right-wing position.  And that’s very good news indeed.

PFAW

Matching the Right's Passion

This week gave me a sobering reminder of just how motivated and organized the Radical Right is. I think it's a real challenge to us to match their passion and commitment. On Wednesday, national and local Religious Right leaders convened a call of hundreds, perhaps thousands, of pastors and activists at 215 locations in California, Florida and Arizona. Those are the three states with constitutional amendments banning marriage for same-sex couples on the ballot this year. They rallied their troops for what they describe as nothing less than warfare against "Satan." The call's main focus was Proposition 8 in California, which Watergate felon-turned-Religious Right organizer Chuck Colson called "the Armageddon of the culture war."
PFAW