Tag: gay marriage

SCOTUS and marriage equality

I’m expecting some mishmash decision by SCOTUS in the gay marriage case that no one will love.

As an old political science major and a bit of a US Supreme Court junkie, I’ve been musing over what it means that the high tribunal has decided to review two cases testing the constitutionality of same-sex marriage. “In agreeing to examine California’s Proposition 8 (Hollingsworth v. Perry) and the federal Defense of Marriage Act (Windsor v. the United States), the court has created a defining moment, not only for its own legacy but for the country as a whole.”

Got that right. But how will they decide? I think one has to look at the specific people represented in the cases, specifically 83-year-old Edith Windsor who moved to New York State 60 years ago. “Ms. Windsor… married her partner, Thea Spyer, in 2007 [in Canada] after a 40-year engagement. [She relishes] the court’s decision to hear her case, a challenge to the 1996 law, the Defense of Marriage Act, which prohibited the Internal Revenue Service from treating her as a surviving spouse after Ms. Spyer’s death in 2009, costing her more than $600,000 in state and federal estate taxes.”

The Court does not rule on abstractions. The Court will decide whether Edith Windsor has been inequitably treated by the laws of the United States and New York, denied equal protection due to all people within its jurisdiction; this would then be applicable to anyone in the same circumstances. The decision then is less about “gay marriage” as a concept, as much as whether someone in a same-sex union shall be afforded all the rights and privileges of a marriage between a man and a woman. I’ve heard bandied about that there are at least 1000 legal perks of being married, among them visitation rights to see a sick spouse in the hospital without having to draw up legal papers for that purpose.

The Proposition 8 case, merged with the Windsor case by the high court, has a more convoluted path to SCOTUS, with the surprising legal pairing of liberal attorney David Boies and conservative lawyer Ted Olson, who were on opposite sides in Bush v. Gore, on the same side, in favor of marriage equality.

The Court could vote to limit same-sex marriage. I seriously doubt it would overturn law in the nine states that have already decided to allow it, especially since three states – Maine, Maryland, and Washington – had voter-approved legalization in November 2012. And at least a plurality of Americans polled now support same-sex marriage. On the other hand, 30 states have constitutional bans against it. Pew has a great breakdown of the issue.

The Court could vote to overturn all same-sex marriage bans in the country. It would not be unprecedented: Loving v. Virginia (1967) not only negated laws against racially mixed marriages in Virginia but in more than a dozen other states. But this would be a radical move by a court that is quite conservative, not only from a political point of view but in temperament. Still, the Court tends to believe in precedent, and it has long determined that “marriage is one of the basic civil rights of man, fundamental to our very existence and survival.” It would be surprising, but not beyond belief, that the Court take this route.

I’m expecting some mishmash decision that would overturn the discrimination as it has been applied in the US tax law and other federal issues, and apply these as well to the states that have decided to allow for marriage equality, and including California, while leaving the other states to decide on it on their own timetable, something like Senator Lindsey Graham of South Carolina is now advocating. I would not at all be surprised by a split decision, with three or four voting to support anti-gay marriage laws in the land, three or four voting to limit or eliminate the laws, and one or two (Kennedy, and maybe Roberts) coming up with some grand compromise that no one will love. One could assume that Scalia is in the former group, since he has recently defended comparing homosexuality to murder, and his political clone Thomas will likely vote the same.

I’d love to hear other opinions about what the Court might do.

Sing If You’re Glad to Be Gay

Mitt Romney let religious right activists bully his campaign over its hiring of an openly gay foreign policy staffer, Richard Grenell. After the campaign froze him out of press briefings to quell the controversy, Grenell finally quit…, with no effort by the presumptive nominee to persuade him to stay.

In the “nobody said progress was linear” department, I note that in short order:
* Joe Biden Says He’s Comfortable with Gay Marriage, a remark which sent all the tea leaf watchers to ponder whether it was a “gaffe”
* US Secretary of Education Arne Duncan Supports Gay Marriage
* Despite the pleas of good Christian folks such as this guy, the voters of North Carolina voted for constitutional Amendment 1, which not only reemphasizes an already codified law, which will also complicate the lives of unmarried heterosexual couples

* President Barack Obama said:
I was asked a direct question and gave a direct answer:
I’ve always believed that gay and lesbian Americans should be treated fairly and equally. I was reluctant to use the term marriage because of the very powerful traditions it evokes. And I thought civil union laws that conferred legal rights upon gay and lesbian couples were a solution.

But over the course of several years, I’ve talked to friends and family about this. I’ve thought about members of my staff in long-term, committed, same-sex relationships who are raising kids together. Through our efforts to end the “Don’t Ask, Don’t Tell” policy, I’ve gotten to know some of the gay and lesbian troops who are serving our country with honor and distinction.

What I’ve come to realize is that for loving, same-sex couples, the denial of marriage equality means that, in their eyes and the eyes of their children, they are still considered less than full citizens.

Even at my own dinner table, when I look at Sasha and Malia, who have friends whose parents are same-sex couples, I know it wouldn’t dawn on them that their friends’ parents should be treated differently.

So I decided it was time to affirm my personal belief that same-sex couples should be allowed to marry.

I respect the beliefs of others, and the right of religious institutions to act in accordance with their own doctrines. But I believe that in the eyes of the law, all Americans should be treated equally. And where states enact same-sex marriage, no federal act should invalidate them.

Even before the President’s latest pronouncement, Arthur had noted the President’s accomplishments on the GLBT front. Meanwhile, “Speaker John Boehner decided to use our tax dollars to intervene and stand up for DOMA to deny LGBT Americans the rights they deserve.” And only last week, Mitt Romney… let religious right activists bully his campaign over its hiring of an openly gay foreign policy staffer, Richard Grenell. After the campaign froze him out of press briefings to quell the controversy, Grenell finally quit…, with no effort by the presumptive nominee to persuade him to stay. If Grenell was qualified to hold the sensitive post of foreign policy spokesman, why did Romney cave instantly to demands from radio hosts and other ignorant bigots to let him go? I find that far more telling than the bullying incident from Romney’s youth.

I’m not a single-issue voter, but on this issue, the courage and cowardice are clear.

I’ve read suggestions that Charlotte, North Carolina should be stripped of the Democratic National Convention this summer, in response to the state’s vote; whether it should or shouldn’t, it’s not going to happen. Planning national conventions take months of preparation for security and other considerations.
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Gay Pride events, mostly in June

*God v. Gay?, where I link to an important video piece

*Mark Evanier wrote: “My friend Shelly Goldstein…on this blog, writes a monthly column for a Gay Rights website arguing for more tolerance and also some of those ‘equality’ things like marriage. When I mentioned her gig to someone once, he furrowed his brow and said, ‘She’s not gay, is she?’ No, she’s not and it’s sad that there are some people out there who can’t seem to grasp the concept of taking a stand on behalf of others, as opposed to your own immediate self-interest.”

Glad To Be Gay- Tom Robinson Band, a most significant song from 30+ years ago that’s been rolling around my head. I first heard a live, solo version on the Secret Policeman’s Ball album c. 1979.

E is for Equality

Booker noted: “I shudder to think what would have happened if the civil rights gains, heroically established by courageous lawmakers in the 1960s, were instead conveniently left up to popular votes in our 50 states.”

 

The news that made the recent headlines in terms of marriage equality in the United States was that a federal appeals court ruled Proposition 8, the California plebiscite overturning gay marriage, violated the Constitution, setting up an appeal to the U.S. Supreme Court, or possibly not. Meanwhile, the Washington state legislature passed a bill legalizing gay marriage; here is part of the debate. Also, New Hampshire Gov. John Lynch has vowed to veto efforts to repeal that state’s same-sex marriage law.

Discussing specifically the California judicial ruling, writer Mark Evanier noted: “I still wish this thing could be settled by a vote of the people rather than to reopen silly arguments about ‘judicial activism.'” And in an ideal world, I would tend to agree with him.

But I was struck by something that Cory Booker, mayor of Newark, New Jersey, a Democrat, said. He broke with Governor Chris Christie, a Republican with whom he has previously been aligned. Booker opposed Christie’s call for a gay marriage referendum, and his threat to veto a gay marriage bill because, as Christie put it, “I need to be governed by the will of the people.”

In response, Booker noted: “I shudder to think what would have happened if the civil rights gains, heroically established by courageous lawmakers in the 1960s, were instead conveniently left up to popular votes in our 50 states.” He submitted that leaders are elected to make difficult decisions, not submit to a public referendum. “Equal protection under the law – for race, religion, gender, or sexual orientation – should not be subject to the most popular sentiments of the day. Marriage equality is not a choice. It is a legal right. I hope our leaders in Trenton will affirm and defend it.” You can watch Booker here.

I was fascinated by a lengthy article in Salon: The making of gay marriage’s top foe: How Maggie Gallagher’s college pregnancy made her a single mom, and a traditional marriage zealot. “The organization she founded in 2007, the National Organization for Marriage, helped organize the successful effort in 2008 to pass Proposition 8 in California…

“Gallagher’s opposition to gay marriage seems to have very little to do with gay people, indeed with people at all. What really excites her is a depersonalized idea of Marriage: its essence, its purity, its supposedly immutable definition…For Gallagher, gay people are the enemy only insofar as their desire to marry is yet another attack on Marriage…”

Except that marriage had already been on the decline, at least in the United States, long before the first gay nuptials. I suspect it’s a function of children with divorced parents being less likely to tie the knot. It’s almost ironic that gay couples, for whom marriage had long been out of the question, are now a growth segment in the matrimonial business.
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A brief history of the Gay Rights Movement.

The Southern Poverty Law Center has filed a legal challenge to the (so-called) Defense of Marriage Act.
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ABC Wednesday – Round 10

July Rambling

If you’re ever in a Finnish disco, you’ll know just what to do. This is funnier to me than what’s on the video, for reasons I shan’t get into.

There was a front-page story in The (Albany, NY) Times Union this past Saturday, in anticipation of the same-sex marriage laws kicking in on Sunday. My pastors were highlighted:
Church views vary on same-sex vows; Locally, some pastors support weddings, but still wait for official word
By BRYAN FITZGERALD

The Revs. Glenn and Miriam Lawrence Leupold have been married for 24 years. As co-pastors of First Presbyterian Church in Albany, they have advocated for the right of gay men and lesbians to marry.

“When you think about the civil rights movement, so much of it was because of the churches,” she said. “The church was at the middle of the fight for civil rights. In fact, the church preceded the government.”

Sunday, when New York’s Marriage Equality Act takes effect, will be a day of celebration and chagrin for the Leupolds. The Presbyterian Church USA is still debating whether to lift their prohibition on ministers marrying gay couples.

“State law is ahead of our church law,” Glenn Leupold said. “And that’s unfortunate.”
…
The Leupolds said several gay couples in the congregation would like to be married at the church. The Leupolds advise gay couples to either have a civil ceremony or make arrangements to be married at another church.

[Like many people who are quoted in the newspaper, Miriam believes she was misquoted on this nuanced point. She and Glenn can/will do commitment services, but they cannot do marriages. So one could get married at City Hall and then have a commitment service at church.]

“They want their spiritual life, which is very rich and very real, to have a central role in how and where their relationship is affirmed,” said Glenn Leupold.

This month a majority of the denomination’s 173 presbyteries approved an amendment to their church’s Book of Order, clearing the way for men and women in same-sex relationships to be ordained. Ministers can legally preside over gay marriage ceremony, but not without repercussions from the church, which could strip a pastor of ordination.

“The denomination as a whole isn’t quite there,” Miriam Lawrence Leupold said. “But we’re closer than we were 10 years ago.”

There was an interesting article from a gay Presbyterian pastor serving in North Carolina, and Arthur wrote about it.

Lisa is one of those people who actually understand the reasons for the Declaration of Independence; so many others obviously do not.

Comics legend Stephen R. Bissette talks about his new book, ‘Teen Angels and New Mutants’ to Entertainment Weekly

Ken Jennings, JEOPARDY! winner (left) and Brian Ibbott, Coverville host (right), together.

Mr. Parrot discovered this rather sinister site that can not only generate a random name for you but a brand new identity complete with email address, mother’s maiden name, credit card number and blood group. I could see a legit use for it; when you go to a website you may go to just once that insists on all of your personal info.

Mimi writes: Only I Could Total A Car and Not Break A Nail, followed by I’ve Had My Twelve Minutes of Fame.

THE OFFICE recut as a traditional sitcom

For anyone who hates a****s that text in theaters. Yes, the word is used, and the linked audio is NSFW.

Tiskotansi! If you’re ever in a Finnish disco, you’ll know just what to do. This is funnier to me than what’s on the video, for reasons I shan’t get into.

GOOGLE ALERT Section

Roger Green Drum Solo (video)

Roger Green’s page on My Powerblock

Roger Green’s Personal Training Website’s in Great Shape!

During the June 23 Wayne County Foundation dinner, new board members Roger Green, Greg Janzow, Darla Randall, Jim Tanner and John Zetzl were recognized.

Roger Answers Your Questions, Tom the Mayor and Jaquandor

Presbyterians are much more deliberative than Methodists.

Jaquandor, the Buffalo area’s finest blogger, asks:

1. Are there any words you dislike, just because of the sound of them and not necessarily the meaning?

Used to be that German words I tended to dislike as too guttural. The K sound would get stuck on the roof of my mouth. But I’ve mellowed, and nothing immediately comes to mind.

2. Are there any subjects you really want to know more about and yet never seem to get around to learning about?

Oh, yeah, dozens, everything from various sciences, such as astronomy and botany; to languages, which I do not seem to have a talent for, starting with Spanish and Latin. But I’ve resigned myself to the fact that I probably won’t do anything about it unless I give up something else, and evidently, I’m not willing to do that.

3. Are you surprised that gay marriage passed in New York? (I am, a little….)

Heck, yeah. It failed miserably some 600 days earlier when the State Senate was controlled by the Democrats. OK, “controlled” is probably an overstatement, since it was pretty chaotic. The last two governors supported it, and it didn’t matter. And it passes with a Republican-controlled Senate? More like shocked.
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Tom the Mayor, once a mail order whiz at FantaCo, among other attributes, asks:

Are all the members of your church as Liberal as you are? could you be a good Christian, yet disagree with the beliefs of your church’s leaders?

Tom asks simple questions which I will complicate in answering.

Somehow, as a result of singing in my old church choir at my grandmother’s funeral in May 1983, it got me to decide to start attending church again, after more than a decade of mostly not going. But I couldn’t just go back to a church like the one from my childhood, which I loved then, but found that my theological development was not in tune with that church’s theological positions.

So I went church shopping.

When I first attended Trinity United Methodist Church, it was June 13, 1982. I remember this quite well because the day before, I was at an anti-nuke rally in New York City. The minister, the late Stan Moore, said something quite positive about the rally in his sermon, and this endeared him, and the church, to me. While the shopping continued for some months, I decided I wanted to be there by the end of the year, though I didn’t actually join until December 1984.

In that congregation, I did have leadership roles, first as vice-chair, then chair of the Administrative Board, which was the church’s meeting of the whole, then chair of the Council on Ministries, which was the chairs of the major service committees. I left, not because of theology, but autocracy, involving a change in church structure under a subsequent minister which made it less accountable to the congregation.

I started attending First Presbyterian in the spring of 2000 and joined in 2002. At some point, I was an elder there, but didn’t enjoy it; I think I’m all meetinged out.

So to your actual question: if by the church, you mean the congregation, most of them are as liberal as I am, though by no means all of them. I remember having a conversation with one of them at the (late) YMCA, where you used to work. He mentioned that one of the Clintons, Bill or Hillary, was having a book come out, and he, who reads the New York Post, a conservative tabloid, every day, said he was sure that I would be buying the book from that “liberal”. I surprised him by stating that I didn’t think the Clintons were liberal at all.

If you mean the Presbyterian Church USA, our congregation is definitely more liberal than some. But of course, this depends on your meaning of liberal. If feeding the hungry, clothing the needy is “liberal”, then it’s almost the whole denomination that is liberal. If it’s something such as the role of gays in the life of the church, the Albany Presbytery, which represents our church, is more progressive than others. But given the fact that the PCUSA denomination in 1997 created MORE restrictive language re participation of gays as ministers, elders, and deacons, then in May 2011 agreed to less restrictive language, not many people bolted the church when either event occurred.

Presbyterians are much more deliberative than Methodists. The fact that our Presbytery was at odds – no, too harsh, disagreed – with the PCUSA on gay ordination for over a decade was surprisingly not a big deal.

Oh, one other thing: I wanted Trinity UMC to take more of a stand on gay rights issues when I was involved there in the 1990s. It was downplayed because the church had “made a proclamation” back in 1979 or 1975, or whenever, which preceded my tenure there, and that seemed, to some, to be enough. So it’s not just a matter of beliefs; it’s acting on the beliefs, regularly. My current congregation participates in the Gay Pride parade annually, with our rainbow tapestry hanging from the bell tower as well as over the entrance, as an ongoing, living, breathing statement of faith.

Did I actually answer the question?

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