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Wives and Husbands - the Gay Marriage Thread

The place for kittens to discuss GLBT (gay, lesbian, bisexual, transgendered) issues as well as topics that don't fit in the other forums. (Some topics are off-topic in every forum on the board. Please read the FAQs.)

Re: Cambodian king backs gay marriage

Postby Gatito Grande » Thu Feb 26, 2004 12:35 am

I'm a dyed-in-the-wool anti-monarchist, but I say God Save That King! :bow



GG How much cooler is he than King George the Second we Yanks are stuck with? (But only until next January! :pray ) Out

Gatito Grande
 


Paradox

Postby kpmuse » Thu Feb 26, 2004 9:48 am

Yeah to the King!



Questions for Kittens --- the mere fact that Pres. Bush wants to federally ban marriage for us seems to imply that our US Constitution already guarantees that we have the right to be married. Is this why Scalia was so afraid in the sodomy ruling, when he screamed "this will open the door to gay marriage."



This seems to be Mayor Newsom's rationale for issuing licenses. He has said that he believes the California Constitution does not allow him to discriminate who gets married and means that he feels we do have the right. The Mass Supreme court, I think, also basically says the same thing.



I guess that this morning I had a light bulb moment when I realized that GLBT may already have the equal right to be married/treated the same way as everyone else under our US Constitution, and we've been stopped from doing so due to age old marriage practices limiting marriage to straights.



I always thought that we were never allowed to be married & that we just didn't have the right, so I never even thought about this. I always thought the court cases brought by gay couples were to ask for new rights, but really isn't it more that we are trying to claim our already granted rights. Does this make any sense?

Can anyone shed light for this confused kittie? Thanks :)



p.s Rosie O'Donnell and Kelly are getting married in San Fran today.

Edited by: kpmuse at: 2/26/04 8:53 am
kpmuse
 


Re: Paradox

Postby Kieli » Thu Feb 26, 2004 10:20 am

A little info for you, KP: U.S. Constitution, Articles and Amendments. And I think what the states are drawing on is the 10th Amendment to Bill of Rights. Hope it helps.



Toni


Time flies by when the Devil drives.
It's not the pace of life that concerns me, it's the sudden stop at the end.

Edited by: Kieli  at: 2/26/04 9:23 am
Kieli
 


Re: Paradox

Postby Kieli » Thu Feb 26, 2004 11:01 am

Quote:
Questions for Kittens --- the mere fact that Pres. Bush wants to federally ban marriage for us seems to imply that our US Constitution already guarantees that we have the right to be married.


Actually marriage is not even mentioned in the U.S. Constitution which is why, I would hazard to guess, Justice Scalia was having an apoplectic fit. Federally, the courts can not enforce a same-sex marriage ban right now. Thus, the onus of that little responsibility was left up to the individual states. So, unless state constitutions specifically ban same-sex marriages, the U.S. should allow them to happen. But then there's that whole problem of what overrules a State Supreme Court ruling....anyone know how it is that a State Supreme Court Justice can overturn the ruling of the U.S. Supreme Court? I'm a little murky on those details.


Time flies by when the Devil drives.
It's not the pace of life that concerns me, it's the sudden stop at the end.

Kieli
 


Re: Paradox

Postby kpmuse » Thu Feb 26, 2004 11:12 am

Quote:
So, unless state constitutions specifically ban same-sex marriages, the U.S. should allow them to happen.




Thanks Kieli! You know, it's so subtle, but this changed my whole perspective. I guess that I was entrenched in believing something that really isn't true.



Our opponents had me thinking that I had no right to be married, but now I see that this fight is much more than times are changing, more than society doing the right thing, so on.



Wow, I am amazed that I didn't see this before.



kpmuse
 


Re: Constitutions

Postby Darcy » Thu Feb 26, 2004 12:25 pm

The U.S. Supreme Court is the ultimate arbiter of the meaning of the U.S. Constitution. A state court cannot overrule the U.S. Supreme Court's interpretation of the federal Constitution.



However, a state is free to use its own constitution to provide greater protection to its citizens than the federal Constitution provides. The state's top court (names vary) is the final authority on the requirements of the state's constitution, and cannot be overridden by the U.S. Supreme Court unless its rulings conflict with the federal one. For example, a state couldn't re-establish slavery in its constitution because that's already prohibited by the federal one.



That - along with the fact that the U.S. Supreme Court has been generally regarded as hostile to gay rights claims (Hardwick wasn't that long ago, and was only overturned last year) - is why the marriage cases have been generally brought under state constitutions. Vermont has a "Common Benefits" clause that was the basis for the civil unions ruling. That clause addressed only state benefits, however, which is one of the reasons civil unions were an acceptable solution. (Really, it was because no one believed marriage would ever happen.)



Massachusetts' court recignized that no matter how close to marriage civil unions might be, it's not the same as marriage, and that's why it refused to countenance a second-class status to get the legislature off the hook.



Traditionally in the U.S., marriage has been a state matter. States set the rules by which marriage licenses are issued, usually specifiying minimum age, sometimes degrees of consanguinity, medical tests, waiting periods, etc. The only involvement the federal government has is that it uses the status of marriage in federal statutes and regulations to determine rights and responsibilities (things like tax filing status, immigration eligibility, etc.).



By amending the U.S. Constitution to define marriage, the federal government invades a sphere which properly belongs to the states. It's also overkill, somewhat like solving a flea infestation with high explosives.



Federal constitutional claims will be argued at some point, probably on the basis of the "full faith and credit" clause and the 14th Amendment guarantees of equal protection. There are also 1st Amendment arguments involving separation of church and state and government discrimination against those religions which recognize same-sex marriage.



It will likely be years before this all gets sorted out. In the meantime, we'll be fighting not only in the courts and legislatures, but in the media and in our personal circles to show that allowing same-sex couples to marry is a simple matter of justice.


*****************
I don't care if it is an orgy of death, there's still such a thing as a napkin! - Willow in "Superstar"

Darcy
 


Re: A Little Protesting

Postby Kieli » Thu Feb 26, 2004 1:55 pm

The HRC gave me a little incentive to start a page where people can sign the petition or donate to the fight so here ya go: HRC Millions for Marriage - My Page


Time flies by when the Devil drives.
It's not the pace of life that concerns me, it's the sudden stop at the end.

Kieli
 


Encouragement from Unexpected Places

Postby Gatito Grande » Fri Feb 27, 2004 12:13 am

Rockford, Illinois ain't no San Fran. Which is why the following is so encouraging:



Quote:
Bush can’t stop the tide of history



Remember where you heard it:



Legalization of same-sex marriages in America is inevitable, and there’s nothing George W. Bush or Pat Robertson can do to prevent it.



Oh, they may be able to slow the march of gay rights a little, but they and others of their ilk will fail in the end. They apparently don’t recognize that they’re up against the irresistible tide of history.



THE STORY OF AMERICA is a chronicle of liberalism defeating the forces of reaction on virtually every major issue. Check the record. It’s overwhelming.



Conservatives were on the wrong side of the American revolution against British rule, the wrong side of slavery, child labor, women’s rights, labor unions, constraints on trusts and monopolies, consumer protection, civil rights for blacks, Social Security, Medi-care, environmentalism and so on.



Granted, the liberal victories in these matters often have been hard-won and sometimes have taken decades to achieve. In most cases, the fight for what’s right continues. But the scoreboard shows the good guys way ahead, despite occasional slumps and setbacks along the way.



And the trend toward liberalism continues, no matter the occasional election of a Ronald Reagan or a George Bush as president. These men have paid lip service to conservative goals, but they haven’t reversed the nation’s course.



AS GARY BAUER, a right-winger of impeccable credentials, told the Washington Times just last week: “(R)eligious conservatives have been doing politics for 25 years and, on every front, are worse off on things they care about.”



Hooray for that.



In this broad historical context, the issue of gay marriages is analagous to interracial marriages. Some black folks don’t like this comparison, but their objections make it no less appropriate.



Consider, for example, that the arguments against same-sex marriages are much the same as those of a half-century ago against legalizing black-white marriages: It’s immoral, unnatural and defies the dictates of Holy Scripture.



CONSIDER, TOO, THAT when I was a teenager, public distaste for interracial marriages was much stronger than today’s opposition to gay marriages. A 1958 poll on the issue of black-white marriages showed a whopping 94 percent of white people opposed. At that time, no fewer than 16 states had laws against such marriages —and most other states might as well have had the same statutes, considering society’s antipathy toward interracial couples.



By comparison, recent polls show that opposition to legalizing gay marriages is not nearly so broad. And Americans are almost evenly divided on the issue of civil unions for same-sex couples. Of course, public opinion on these matters is volatile and can vary in reaction to events and political rhetoric, but it’s not likely to swing too far to the right.



President Bush came out this week in favor of a constitutional amendment banning same-sex marriages. Big deal. The gesture really has more to do with shoring up his conservative base than with actually changing the national charter.



Much of the public seems reluctant to fiddle with the Constitution on this issue, and some prominent conservative pundits and politicians — George Will, David Brooks, James Sensenbrenner and Bob Barr, to name a few — are flatly opposed.



EVEN HOUSE SPEAKER Dennis Hastert doubts that both houses of Congress can muster the two-thirds majorities required to pass the amendment. And if they did, three-fourths of the state legislatures would have to concur. That’s not going to happen, because it’s not right.



Little by little and state by state, gay marriages will become commonplace in America.



American history marches on — in the same direction it’s always marched.



Pat Cunningham is Page One editor of the Rockford Register Star. His e-mail address is pcunningham@registerstartower.com




www.rrstar.com/opinion/co...4189.shtml



GG Ain't gonna let nobody turn us around, turn us around, turn us around . . . :pride Out





Gatito Grande
 


Contact your Representatives

Postby JustSkipIt » Fri Feb 27, 2004 6:31 am

You can use this link to very easily contact your representatives and let them know that you oppose this ammendment and why.



Thanks. Debra

---

"Your little will can't do anything. It takes Great Determination. Great Determination doesn't mean just you making an effort. It means the whole universe is behind you and with you - the birds, trees, sky, moon, and ten directions." - Katagiri Roshi

JustSkipIt
 


somedays you really gotta love Democracy

Postby Karmah » Fri Feb 27, 2004 8:18 am

Hey Deb

Thanks for the ACLU link Sent our Senators the fax :) and my no account Rep one too.



Hey Toni

Nice page! I hope it helps, I also took the liberty of forwarding it to my friends. Lets see how soon we can meet your goal.





Keep up the great Job

Arron

Edited by: Karmah at: 3/1/04 1:16 pm
Karmah
 


Not just SF

Postby Puff » Fri Feb 27, 2004 9:40 am

Well someone else is following SF's example. Today from 12-2pm the small Village of New Paltz NY Mayor Jason West will issue marriage licenses for "gender neutral couples" causing a stink in NY.



Quote:
NEW PALTZ, N.Y. - The young mayor of this college town said he'll perform marriages for up to a dozen same-sex couples Friday, comparing opponents of the idea to "those who would have made Rosa Parks sit in the back of the bus."



Mayor Jason West, who won office last year on the Green Party line, said state law on domestic marriages is gender-neutral and that the state constitution, which he is obligated to uphold, requires equal protection under law.





"We as a society have no right to discriminate in marriage any more than we have the right to discriminate when someone votes or when someone wants to hold office," West, 26, said in a telephone interview.





"The people who would forbid gays from marrying in this country are those who would have made Rosa Parks sit in the back of the bus."





His plans thrust New Paltz — home to 5,400 people and a state university campus 75 miles north of New York City — into a national debate over whether same-sex couples are entitled to marry.





On Thursday, the state Health Department said that New York's domestic relations law does not allow marriage licenses for same-sex couples and that state courts have validated marriages only between a man and a woman.





"A municipal clerk who issues a marriage license outside these guidelines, and any person who solemnizes such a marriage, would be violating state law and subject to the penalties in law," the department said in a statement.





West said he reads the law differently.





"For a marriage to be legal in this state all that's required is for it to be properly solemnized by someone with authority to do so," he told the CNN cable network Friday. "I'm fully able to do that."





Several legal experts also disagreed with the Health Department statement, saying the law does not specifically ban such weddings. New York's attorney general has not issued a ruling on the question.





Vincent Bonventre, a professor at Albany Law School, said nothing in New York law explicitly prohibits same-sex weddings, but that the framers "clearly were contemplating opposite-sex marriages."





Donna Lieberman, executive director of the New York Civil Liberties Union, applauded the young mayor's move. "It's equal rights for gay couples who should be entitled to equal treatment under the law and to marriage and the protection of the family that heterosexuals have," she said.





Discussion of gay marriage heated up this month after the top Massachusetts court ruled that anything less than full-fledged marriage for gays there would be unconstitutional. Since then, San Francisco officials have begun performing same-sex marriages and have challenged their state law barring such unions. Earlier this week, President Bush (news - web sites) endorsed a movement to amend the Constitution to ban the practice.





A bill in the New York Legislature would ban same-sex marriages. Similar bills have died without action in the past. At least 34 states have enacted so-called defense of marriage laws.


From Yahoo news.



Oh and no-one else has mentioned it but I have to say woo hoo to Rosie for stepping up and getting married yesterday. I liked her statement and I think it was a bold move.



Edited because I can't spell and that's what happens when I should be studing for my anatomy exam today :)



So, the day started and I knew my name and had my pants on. So far, so good. Yay.
Amber Benson

Edited by: Puff  at: 2/27/04 8:43 am
Puff
 


From Rockford IL to New Paltz, NY

Postby crazyredlizard » Fri Feb 27, 2004 10:43 am

From: The Daily Freeman, Kingston, NY



New Paltz mayor to perform gay weddings today



Staff and wire reports 02/27/2004



NEW PALTZ - Village Mayor Jason West says he will begin performing gay marriages today, calling it "my moral obligation."



West, 26, elected mayor last year over longtime incumbent Thomas Nyquist, is scheduled to marry 10 same-sex couples at noon today at the Lefevre House Bed & Breakfast on Southside Avenue in New Paltz.



The move could make the college-dominated village another flashpoint in national debate over gay marriage.



"We, as a society, have no right to discriminate in marriage any more than we have the right to discriminate when someone votes or when someone wants to hold office," West said on Thursday. "The people who would forbid gays from marrying in this country are those who would have made Rosa Parks sit in the back of the bus."



The state Health Department says New York's Domestic Relations Law does not allow the issuance of marriage licenses to same-sex couples and that New York courts have recognized only marriages between men and women as valid.



"A municipal clerk who issues a marriage license outside these guidelines, and any person who solemnizes such a marriage, would be violating state law and subject to the penalties in law," the department said in a prepared statement late Thursday.



BILLIAM vanRoestenberg of Plattekill said he and his partner will be the first couple to walk down the aisle today in New Paltz. The couple does not have a marriage license, vanRoestenberg said, but he's been advised that West performing the ceremony, with witnesses present, will make the union legitimate.



"In New York state, by him verbalizing those words, and exchanging some communications between us, that will legalize it, we're told by several attorneys," said vanRoestenberg, 38. "You can make the analogy of a ship's captain performing a wedding in international waters."



VanRoestenberg said 10 same-sex couples - some men, some women - will by married by West today. "We are just simply asking for basic fundamental rights and equality," he said.



GAY MARRIAGE has exploded onto the national scene in recent months as judges and elected officials - particularly in California, New Mexico and Massachusetts -have aggressively attempted to redefine marriage. A bill in the New York Legislature aims to ban same-sex marriages, saying a "marriage or union is absolutely void if contracted by two persons of the same sex, regardless of whether such marriage or union is recognized or solemnized in another jurisdiction."



Similar bills have died without action in the past, though at least 34 states have enacted so-called "defense of marriage" laws.



Amid the furor, which has included more than 3,000 same-sex weddings in recent weeks at San Francisco City Hall, President Bush announced Tuesday that he will back a constitutional amendment to ban gay marriage.



West said he believes New York state law gives him the power to marry the couples. State Attorney General Eliot Spitzer has not issued a ruling on the question.



CHARLES Clement, co-owner of the Lefevre House Bed & Breakfast with his partner, with his partner Maurice Zinken, said he believes the unions to be performed today at his inn will the be first of their kind on the East Coast.



"It should be pretty big," said Clement, who wed Zinken in 2001 in the Netherlands, the first country to provide equal rights for same-sex couples. "That's partially the point - to break ground on this and get this ball rolling so we don't have to argue anymore."



DONNA Lieberman, executive director of the New York Civil Liberties Union, said nothing specifically outlaws today's planned ceremonies.



"Bravo, bravo for the mayor," she said of West. "Equal rights for gay couples are long overdue. They are entitled to equal treatment under the law, including the right to marry and the family protections enjoyed by heterosexual couples."



Vincent Bonventre, a professor at Albany Law School, said nothing in New York law explicitly prohibits a same-sex wedding but that the framers of the Constitution "clearly were contemplating opposite sex marriages."



Peace and Love

Lizard



crazyredlizard
 


and back to IL

Postby WebWarlock » Fri Feb 27, 2004 11:21 am

Here's one,



www.chicagotribune.com/ne...4377.story



Quote:




Amendment has gay GOP activists set for new fight



By Bob Kemper

Washington Bureau

Published February 27, 2004



WASHINGTON -- Gay activists who helped deliver more than a million votes for George W. Bush in 2000 are so outraged the president endorsed a constitutional amendment banning gay marriage that they are setting up organizations and plotting advertising campaigns against the amendment that could undermine Bush's re-election effort.



Two of the largest Republican gay-rights groups, Log Cabin Republicans and the Republican Unity Coalition, have broken with the president, accusing him of turning against gays to rally his conservative supporters.



The potentially vitriolic public debate over the amendment--which activists said is likely to lead to an escalation of violence and hate speech against gays--could turn off moderate voters in states where only a few thousand votes could spell the difference between victory and defeat for Bush.



Log Cabin Republicans, who have remained loyal to Bush since his election, are organizing in states that are a tossup this year, including Wisconsin, New Mexico and Missouri, to oppose the marriage amendment. The group, which has 50 U.S. chapters and is the largest Republican organization on gay issues, plans to begin running television, radio and newspaper ads in the next two weeks.



While they won't specifically target Bush--and conservatives discount the impact that a loss of gay voters would have on the president's campaign--the ads will suggest that by backing the amendment Bush is "someone who divides the public instead of uniting it," said Patrick Guerriero, the group's executive director.



"I guess the message is that if you really want a culture war, you're going to get it," Guerriero said.



Another gay Republican activist said GOP groups, inundated by angry e-mails and phone messages since Bush publicly backed the amendment on Tuesday, are likely to drop their outreach programs to the gay community, essentially giving up hope of garnering gay support this year.



Exit polls from the 2000 election indicated that about 1 million gay people voted for Bush, or about 25 percent of gays who cast ballots.



"Those million gay votes are gone. People are just beside themselves," the activist said. "Those voters in 2000 are dealing with a whole new set of facts now. There is nothing for gays now."



The Republican Unity Coalition issued a statement calling the marriage amendment "a terrible betrayal of conservative principles of federalism and limited government" and said it would "neither support nor defend this action."



The Bush campaign defended the president's decision to support the constitutional amendment, noting that it would still allow state legislatures to legalize "civil unions" for gay couples and to decide what state-level rights and responsibilities to confer on those couples.



"The decision was based on principle, not politics," a Bush campaign aide said.



But gay-rights activists see Bush's backing of the marriage amendment as an attempt to shore up his support with the conservative voters who provide his political base and who long have called for such an amendment. It also marks the end, they said, of Bush's ability to portray himself as a "compassionate conservative" and a "uniter, not a divider."



"Their crass calculus is that a culture war will win them votes," said John Aravosis, one of the leaders of DontAmend.com, an Internet-based movement in support of gay marriage. "He's falling in the polls and this is a last desperate act."



Gary Bauer, who heads the group American Values, dismissed threats from gay activists and said backing the marriage amendment will boost Bush's chances for re-election. Refusing to endorse the amendment when courts are chipping away at marriage as a heterosexual-only institution would have been "inexplicable and ultimately a political disaster," Bauer said.



"There are many more voters in the country who feel marriage should remain between a man and a woman who are likely to vote for him than there are gay activists who are going to vote against him," Bauer said.



Gay-rights activists bolting from the Republican ticket will not immediately line up behind the likely Democratic nominee, Sen. John Kerry (D-Mass.), who also opposes gay marriage but does not support the constitutional amendment. But they may sit out an election that Bush's strategists believe will be extraordinarily close, activists said.



"Our job is not to hurt the party or the president," said Guerriero. "But there has to be a price to pay when you push . . . a wedge issue like this."



Protests by gay activists within the Republican Party will help underscore the anti-Bush message that larger, better-financed gay-rights groups, unaffiliated with the party, were already planning to spread in opposition to the constitutional amendment.



The Human Rights Campaign, the nation's largest gay-rights group, is launching a comprehensive offensive that ranges from lobbying members of Congress to defeat the amendment to the group's first effort to turn out voters in states where the presidential vote is expected to be close. The group also has $1.4 million to support congressional candidates opposed to the amendment.



"It's a unique time in the [gay] community when we're all working together," said Winnie Stachelberg, the group's political director. "This is a fight we cannot afford to lose."



One of the biggest pushes against the constitutional amendment is expected to come around May 17, when Massachusetts, under court order, may have to start issuing marriage licenses to gay couples.



But it also is the 50th anniversary of the U.S. Supreme Court decision in Brown vs. Board of Education. Gay activists say the 1954 ruling, which ordered integration of schools, stands as a repudiation of a marriage amendment that seeks to restrict the rights of a minority group.








Could this issue really hurt Bush? It's hard to say. Will those Log Cabin Rebuplicans outweigh the Democracs that might vote Bush because of this? I hate to say it, but yes there are some Dems that agree with the President on this.



Warlock

-----

Web Warlock

Coming Soon to The Other Side, The Netbook of Shadows: A Book of Spells for d20 Witches


"Razzle, dazzle, drazzle, drone, time for this one to come home." - The Replacements, "Hold My Life"

WebWarlock
 


Re: Constitutions

Postby Gatito Grande » Fri Feb 27, 2004 2:32 pm

I just heard Dubya quoted on this issue: "Marriage between a man and a woman is ideal, and it's the President's job to drive America toward the ideal."



And this man calls himself a conservative? :wtf



GG Wondering what the GOP reaction would be if any Democratic Prez candidate said "it's the President's job to drive America toward _______." (I'm guessing something about "jack-booted thugs" and "black helicopters"?) :mad Out



ETA: When any or all of you are writing letters to the editor of your local papers (and I hope you are), and you want to zing the whole "activist judges" BS, be sure to mention the above (ala "How dare the President call some judges 'activist', when he himself says _______!" ) . . . and then go on to mention all the couples, of course.



*************************************************************************************************



San Fran vs. California: the Struggle Continues



Quote:
State Justices Give S.F. Week to Make Case



The state Supreme Court refuses to immediately halt the city's same-sex marriages. But it signals that it will decide quickly on taking up the legal issues.



By Maura Dolan, Times Staff Writer



SAN FRANCISCO — The California Supreme Court refused to immediately halt this city's same-sex marriages on Friday but decided that it would swiftly consider whether to review the legal challenges to those nuptials.



The state's highest court gave San Francisco seven days to present arguments to the judges why they should not immediately order the city to stop marrying gay couples and invalidate the 3,400 licenses already issued.



The city also plans to ask the court to determine whether the state Constitution protects same-sex unions.



Under state law, marriage is defined as between "a man and a woman." The city argues that the state Constitution, however, protects against discrimination and therefore, allows the same-sex marriages.



The court issued two orders in the same-sex marriage dispute Friday afternoon after Atty. Gen. Bill Lockyer filed a lengthy petition asking the court to intervene immediately.



His petition argued that the marriage licenses violate state law and have caused conflict and uncertainty within various government agencies.



One of those conflicts involved the Social Security Administration, which Friday ordered its offices nationwide not to accept San Francisco marriage licenses as proof of identification for name-change requests on Social Security cards.



In his petition, Lockyer had asked the state high court to decide the constitutional questions immediately.



"Peaceful civil disobedience may have its place in an open society, but there are usually consequences for such disobedience," Lockyer said.



He said San Francisco had refused to respond to a directive issued by the California Department of Health Services to stop issuing licenses other than those approved by the state.



The city changed the wording on the standard marriage licenses Feb. 12 to accommodate same-sex couples.



Lockyer, asked at a news conference in Anaheim why he had not acted earlier, said his petition had been contemplated for "many, many" days.



"Some politicians have opinions in 10 seconds," Lockyer said, "but when you do legal work, you like to have it right before you go to court. We wanted to act thoughtfully and judiciously ."



Gov. Arnold Schwarzenegger last week sent a strongly worded letter to Lockyer ordering him to take immediate action to stop the marriages.



The attorney general responded that he was already anticipating going to court and that the governor did not have the authority to order him to act.



Lockyer, a liberal Democrat who has support from backers of gay marriage, described San Francisco Mayor Gavin Newsom's decision to marry gays as a "principled stand," but added, "There's a way they could have done it without all the drama" by going to court first.



Instead, San Francisco's decision to issue same-sex marriage licenses has "created a situation of extreme public significance," Lockyer said.



"The recognition of marital status carries with it too many legal consequences to be determined on a county-by-county basis in each of California's 58 jurisdictions."



The state Supreme Court directed San Francisco to respond both to Lockyer's petition and to a more narrow request filed with the court Wednesday by a group opposed to gay marriage.



"What the court is saying is, we want to take another look at both sides of the issue before we decide whether or not to hear the case," said Lynn Holton, a spokeswoman for the court.



Santa Clara University law professor Gerald Uelmen, an expert on the state high court, said the judges' orders Friday "suggest that if they are going to hear the case, they are going to rule very quickly."



"And it also may suggest that there are a number of justices who are leaning toward hearing it," he said.



The court has asked for written arguments in the past on emergency petitions that have bypassed lower courts. But it is rare for the court to grant such petitions and intervene before lower courts have ruled. The court generally prefers to review a case only after a full factual record has been developed. Judges in San Francisco Superior Court have postponed a hearing on the marriages until March 29.



But retired state Supreme Court Justice Edward A. Panelli said a factual record in the same-sex marriage case is not particularly important because the key question to resolve is constitutional.



"This is strictly a legal, constitutional issue that they will ultimately have to decide," said Panelli, who predicts the high court will intervene.



San Francisco contends that the state Constitution's equal protection clause makes state marriage laws unconstitutional. The high court has the final say in interpreting the state Constitution.



"Since it is such a pressing issue, why wait two years to decide it?" said Panelli, who remembered the court granting one or two such petitions during his eight-year tenure. "I feel pretty confident they will."



The fact that the court did not summarily reject the petitions Friday also "obviously indicates some interest in hearing what the parties have to say," Panelli said.



Benjamin Bull, general counsel for one of the groups that also asked the state high court to intervene, said he was encouraged by the court's orders.



"Most extraordinary writ applications are rejected out of hand the vast majority of time," Bull said. "When they ask for responsive briefing and set a certain date, it means they are probably going to rule on it."



He said he was pleased that the court was moving quickly. "We were celebrating in our office when we saw that order, " Bull said.



But Matt Dorsey, a spokesman for San Francisco's City Atty. Dennis Herrera, said the city was pleased that the court did not agree to the petitioners' request for an immediate halt to the marriages.



"By inviting opposition briefs from the city attorney next week, the Supreme Court has already tacitly rejected pleas that same-sex marriages in San Francisco be halted immediately," Dorsey said.




Lockyer said that the controversy had prompted the Social Security Administration to ask the state to help it determine whether marriage licenses issued in San Francisco were valid. Married couples present their licenses to the federal agency when asking for name changes.



The new Social Security policy applies to all marriage licenses — not just the same-sex ones — issued in the city since Feb. 12. The move drew strong criticism from Mayor Newsom.



Times staff writer David Haldane and the Associated Press contributed to this report.




www.latimes.com/news/loca...-headlines

Edited by: Gatito Grande at: 2/28/04 12:19 am
Gatito Grande
 


Re: Constitutions

Postby Repost Moderator » Sun Feb 29, 2004 6:40 pm

Originally posted by puddytat






Gay marriage vote too close to call

Legislators waver under pressure



By ERNIE SUGGS

The Atlanta Journal-Constitution

Published on: 02/28/04



Support for a proposed constitutional amendment against gay marriage shrank by several crucial votes Saturday, as African-American lawmakers around the state rallied their colleagues to oppose it.



Two African-Americans who did not vote on the proposal in the House of Representatives last week said they would vote against it when it comes up for a second vote this week. The lone black representative who backed the legislation said he may switch his vote. And a white representative who did not vote last week said she would walk away again.



"I live in the blackest county in Georgia, and, in the minds of black people, this has nothing to do with marriage," Rep. Sistie Hudson (D-Sparta) said. "They consider it discrimination."



Hudson said she left the House chamber before last Thursday's debate and the amendment's narrow defeat, and she plans to do the same this week.



Amendment supporters did pick up one vote Saturday. Rep. Pete Warren, a white Democrat from Augusta who did not vote last week, said he would support it, reluctantly.



Warren said he left Atlanta before the vote last week but now plans to support the proposed amendment to ban gay marriages in the state.



"I personally don't condone homosexuality," Warren said. "I don't think it's a government issue. It's sad issues like this have to be shoved down our throats for political reasons."



The proposed amendment fell three votes short of the 120 necessary to win final passage in the House. Eight black lawmakers either were excused from voting or were present but did not vote. Three whites also did not vote, and all 11 have been targets of heavy lobbying.



Proponents of the amendment vow to bring the issue back up early this week. Activists on both sides spent the weekend calling, e-mailing and faxing lawmakers, hoping to sway votes.



In Atlanta on Saturday, activists lobbied legislators as well as members of their own organizations. They set up efforts to work the churches today while planning competing demonstrations that could draw thousands of people to the state Capitol on Monday.



Sadie Fields, state chairman of the Christian Coalition, said she and coalition volunteers spent much of Saturday calling legislators, urging them to put a ban on gay marriages on the November general election ballot. The group also sent out fliers to more than 3,000 churches statewide asking parishioners to attend a noon rally at the Capitol on Monday.



Fields also used the airwaves Saturday during an hour-long call-in program on a Christian talk radio station. Today, she plans to attend services at the Anglican Church of the Apostles in Buckhead, then hit the telephones again.



Gay rights activists' counteroffensive began Saturday morning with a telephone campaign to muster support for Monday's demonstrations at the state Capitol.



About 10 volunteers from the groups Human Rights Campaign, Georgia Equality and What a Difference a Day Makes worked a phone bank at St. Mark United Methodist Church in Midtown. They called their memberships and asked them to contact their legislators.



On its Web site, Georgia Equality also reminded supporters to meet Monday morning near the Capitol.



In Augusta, a Saturday appearance by Democratic presidential candidates John Edwards and Al Sharpton was the main draw for a gathering of black elected officials, but the same-sex marital ban was dismissed as a Republican ploy.



"This is a political arena, and not a religious arena. This ban on gay marriage is just a distraction from the real issues that make our children hungry," said state Sen. Ed Harbison (D-Columbus), chairman of the 49-member Legislative Black Caucus, encompassing both the House and the Senate.



At Tabernacle Baptist Church in Augusta, two lawmakers who did not vote Thursday said they would oppose the measure, while a third who voted for it was reconsidering his support.



Rep. Henry Howard (D-Augusta) said Saturday he might change his vote when the issue returns, probably on Tuesday. "I take a stand the way I feel at the time," he said. "I am not a consistent voter. I vote my conscience at the time."



Howard sounded like a critic of the proposed amendment. "God makes us all equal. We all should be treated as humans," he said. "Those of us who make the laws, we can't legislate morality."



But Rep. Al Williams (D-Midway) said he would oppose the ban. "I will vote unequivocally 'no.' This is nothing but a Republican flag to divert people from the real issues," Williams said. He said he missed the vote Thursday because of an engagement in Brunswick.



State Rep. Ron Sailor Jr. (D-Decatur), who did not vote last week, also said he would vote against the amendment when it came up again. Sailor, a pastor, condemned Republicans for playing "political football" with a religious issue.



Privately, the lobbying has been fierce — and constant. In Augusta, no one was eager to speak on the issue publicly. Neither Edwards nor Sharpton addressed the issue.



Bobby Kahn, the combative new chairman of the state Democratic Party, attended the Augusta meeting but refused to be drawn into any public discussion of the issue. "It's a legislative matter," he said.



Likewise, Atlanta Mayor Shirley Franklin cited a City Council resolution opposing the amendment but said she is focused on getting a sales tax and fixing sewers.



In Sparta, between Atlanta and Augusta, Rep. Hudson said her decision to walk out on Thursday's vote had bipartisan backing.



Hudson represents seven counties in east central Georgia. Her home county, Hancock, is about 78 percent black, and among that constituency she found widespread opposition to the amendment. At the ends of her district are Baldwin and McDuffie counties, with growing numbers of Republican voters and a very different view, she said. "I didn't see any way to please both sides — any way to win." :dumbo

Repost Moderator
 


Why marriage?

Postby kpmuse » Mon Mar 01, 2004 11:21 am

aolsvc.news.aol.com/news/article.adp?id=20040301082409990001&_mpc=news%2e10%2e9



1,138 Reasons Marriage Is Cool

By John Cloud, TIME



Title 18 of the United States Code, Section 879 makes it illegal to threaten certain individuals guarded by the Secret Service, including the President, the Vice President and their families. At first blush, you wouldn't think the statute has anything to do with the war over gay marriage. But consider this: that law makes it a federal crime to threaten the husband of Elizabeth Cheney, one of the Vice President's daughters. But it does not outlaw threats against the lesbian partner of Mary Cheney, his younger daughter. Legally speaking, Mary's partner is not a member of the Vice President's family but, rather, a total stranger to it.



The difference in the marital status of the Cheney daughters has myriad other consequences — Section 879 of Title 18 is just one of the 1,138 federal laws that apply to Americans who are married. Taken together, these statutes offer substantial lucre to anyone who weds. For instance, the law allows Phil to give his wife Liz all the money he wants, tax free — even if the money is part of a divorce settlement. But gays who get gifts from their partners (or exes) must pay taxes on the goods as though the partners were mere acquaintances. This disparity is most searing at the end of life. According to figures from the Human Rights Campaign, a gay-rights-advocacy group, if Jane dies and leaves a 401(k) worth $162,000 to Heather (who makes, say, $30,000 a year), Heather's tax bill will rise from $3,000 to more than $49,000. If Heather were Heath, however, he would pay nothing more.



What about the much publicized marriage penalty? It's true that well-off husbands and wives who earn roughly equal amounts usually end up paying more than if they had filed separately, as gays must. But according to the Congressional Budget Office, marriage penalties are actually less common than marriage bonuses (which often go to couples with stay-at-home moms). Each year the government grants more than $32 billion in marriage bonuses (compared with the $28 billion it receives in penalties).



There's more. Veterans' spouses can get an array of perks, everything from free medical care to eligibility for interment in a national cemetery. And the Social Security Administration has paid millions in survivor benefits to parents who have lost a spouse. Sometimes the marital advantages marbled throughout the code show up in far-flung places. For example, the law says those who sell land to the government for a national park — as well as their spouses — can live there until they die. A lesbian partner doesn't have that right.



What gay activists won't say is that in some ways it's better to be single. For instance, if a bureaucrat is determining whether you can get Medicaid, he is allowed to consider how much money your spouse makes. A gay man could get Medicaid — or a veteran's pension or a student loan or a crop-support payment — regardless of his partner's income. At the other end of the economic spectrum, the law prohibits Senators' spouses from accepting gifts worth more than $250 a year. But if, say, a Senator left his wife for a man, the new boyfriend could take a Ferrari from a Saudi prince if he wanted to.



It's a mistake to reduce gays' campaign for equal marriage rights to a dollar figure, but marriage has been a partly financial arrangement since it was invented. "Some of the reasons [to marry] are intangible," says Evan Wolfson of the group Freedom to Marry. "But others are tangible, and they all matter."



kpmuse
 


Built for the future

Postby Ben Varkentine » Tue Mar 02, 2004 2:42 pm

Quote:
Cold reception for gay wedding ban

Teen 'legislators' echo poll showing younger people support same-sex marriages.

By Ed Fletcher -- Bee Capitol Bureau

Published 2:15 a.m. PST Sunday, February 29, 2004

Pete Knight, 74, knew he was headed into the briar patch.

The state senator's mission: convince a crowded roomful of teenagers that same-sex marriage should remain illegal.



The Palmdale Republican wasn't successful. The group of teens, in Sacramento last weekend to simulate state and federal government, voted overwhelmingly in support of a measure doing just the opposite.



"We are more accepting because we are younger," said Brad Speers, a San Jose high school senior serving as governor of Northern California Junior State.



A week before the Junior State vote, delegates to the YMCA's Youth and Government Model Legislature and Court, also visiting the Capitol, took similar action - voting to legalize same-sex marriage.



While the votes won't affect California public policy today, demographic experts say young people's views may well reframe public debate on this issue tomorrow.



A statewide Field Poll released Wednesday illustrates the trend: The younger voters are, the more likely they are to support allowing same-sex marriage.



The Field Poll showed that 58 percent of 18-to 29-year-olds supported same-sex marriage, compared to 26 percent of those over 65. Overall, 44 percent of the respondents supported same-sex marriage.



Given the age breakdown, poll director Mark DiCamillo said that over time, those supporting gay marriage likely will outnumber those in opposition.



"It really is a matter of time as the demographic shift occurs," said Assemblyman Mark Leno. "It is the future."



The San Francisco Democrat's bill redefining marriage as "a personal relation arising out of a civil contract between two persons" was at the center of the two recent youth conventions.



Leno spoke to the Junior State delegates a day before Knight and received a far warmer reception.



Kai Lukoff, the Junior State lieutenant governor, sat at the dais as Knight addressed the 550 delegates.



"The only way I can describe it, sitting up there (is as) emotionally intense and heated," Lukoff said.



But while Lukoff said he respected Knight for delivering his message to a sometimes hostile audience, Speers said Knight's message just didn't make sense to most of the young people there.



Knight and many social conservatives believe that homosexuality is an immoral lifestyle choice and therefore shouldn't be encouraged by allowing gays to marry.



Knight said he knew the young people might be a tough crowd.



"I've talked to schools before, and I had a hunch this might be the same," said Knight, who wrote Proposition 22 - passed by California voters in 2000 to define marriage as the union of a man and a woman.



"You have to put your case forward, and hopefully it is a case that holds water," he said.



Those watching cultural trends, however, say other forces also are at work. Young people today increasingly are exposed to gay musicians, actors and television characters.



"We just can't imagine growing up where every other TV show has a gay character," said Stephen T. Russell, a professor of human development at the University of California, Davis.



Speers said having gays in young people's everyday lives makes the idea of allowing them to marry easier to accept.



"Our gut reaction is to say, 'Go for it,' " Speers said. "We know so many people in California who are out, and we know they are not deviant."



Knight said schools, television and popular culture are to blame for young people's views toward gay marriage, but he has not lost hope for this generation.



He argues they don't yet see the full picture.



"I suspect that as they get older, their views will change," said Knight.



Karen Hanretty, a spokeswoman for the California Republican Party, also predicts young people's values will change as they age.



"The reality is that opinions and values develop over time," Hanretty said. "I do not think the opinion of high school kids necessarily reflects the options they will have as voters later in life."



While DiCamillo agreed that many people become more conservative on financial issues as they age, he doesn't foresee many young people shifting on gay marriage. The pollster said the issue is closer in opinion-research terms to interracial marriage than to taxes.



"Those kinds of values determinations are more likely to be fixed and stay with someone throughout their lives," DiCamillo said.



Katie Fleming, who helped push legislation in favor of legalizing same-sex marriage at the YMCA event, is one of those who said she doesn't see a downside to such unions.



"I don't think that there is any reason why not to," said Fleming, a San Francisco high school senior.



Lukoff is proud his generation is trailblazing.



"The debate does hinge around tradition," Lukoff said. "We are redefining society as we go."




www.sacbee.com/content/po...2831c.html





Ben



"Never be discouraged from being an activist because people tell you that you'll not succeed. You have already succeeded if you're out there representing truth or justice or compassion or fairness or love."

-- Doris 'Granny D' Haddock

Ben Varkentine
 


Re: How will your family vote?

Postby WTJunkie » Tue Mar 02, 2004 4:08 pm

Hello Kittens. Its been a long time since I posted regularly, but I thought this was something the kitten community might be interested in. My partner and I have been together for eight years, and during that time we have been well integrated into my partners large, Italian, catholic, republican family.



Everyone treats us with love and respect, but nobody ever mentions the gay word. We are accepted, but there is an understood silence. We have made the decision to finally break that silence and start speaking up. We have drafted a heartfelt letter about the marriage issue and we are going to send it to the whole family. Frankly, we are nervous because we have never "rocked the boat" before and my partner's parents are likely to be upset that we dared to speak so openly and directly. But we decided that we can no longer be quiet while our families love us in private, but publicly support politicians that hurt us. (Mary Cheney are you listening?)



We've never been activists, but we will at least try to make a difference within in our own family circle. We urge others to do the same.



So for those of you who are interested, I'm posting a copy of the "Family Letter" below.

-------------------------------------



A Letter to Our Family

from Jennifer and Rhonda



We love you all dearly and feel blessed to be part of such a close-knit family. Over the years we have enjoyed getting together with everyone for Christmas parties, New Year’s, birthdays, baby showers, and weddings. We’ve come together to celebrate the good times, and we have supported each other in mourning the loss of loved ones. It’s wonderful that such a large extended family cares enough to make time to stay connected to one another.



Eight years ago Rhonda joined our family, and everyone has embraced her with open arms. But after all this time, there is something we have never really talked about - and it's about time that we did.



Although nobody in the family says so out loud, it is a well-known fact: We are gay. We are a couple. We have settled down to make a life together and we are a family. Some time in the future we may even have children. We have always planned to have a wedding as soon as we can afford it. It is important for us to take this step, even though we realized long ago that it might be many years in the future before our union is legally recognized. Seeking justice through our legal system is a long and laborious process, but events in Massachusetts and San Francisco are evidence that the tide is slowly turning.



Up until recently, the State and Federal governments have simply ignored us. But now our leaders are openly attacking us. Not only is it demoralizing and infuriating, it is wrong. Our President, George W. Bush, recently called a press conference just so he could tell America that people like Rhonda and me are a dangerous threat to the stability of modern civilization. Apparently, our existence is so threatening that he believes we need to have a constitutional amendment to declare that gay people do not have the right to marry and forbid any state from granting marriage rights to same sex couples in the future. The proposed amendment is nothing more than a desperate, pre-emptive strike against Civil Rights laws that don't even exist yet – what a shameful and reckless use of the Constitution!



Essentially what Bush proposed is that the Constitution should be used to officially declare that gay, lesbian, bisexual, and transgender citizens are an inferior class of people who are not deserving of the same legal rights and protections as straight people. Not only is this proposed amendment fear-based, mean-spirited, and divisive, it is also completely Un-American. Bush is playing politics with our very lives.



Please understand that there is a huge difference between Civil Marriage and Religious Marriage. In a free society there is separation of Church and State. The church is free to define and limit marriage as it sees fit. The government cannot and should not change that. But Civil Marriage is a different matter. Getting married in a church-sanctioned ceremony is optional; many heterosexual couples choose to have a non-religious ceremony, or simply get married at City Hall.



Civil Marriage confers countless Federal and State legal protections, privileges, and responsibilities. These marriage rights are intended to provide more access to financial stability, quality healthcare, and to encourage couples and families to stay together and take care of each other. But most importantly, these benefits should be available to all American families, but they aren’t.



Civil Marriage is a Civil Right, something that heterosexuals have casually taken for granted. What is most insulting is the way in which some heterosexuals can abuse marriage as much as they want, but we aren't good enough to get married because marriage is too "sacred." Marriage is so sacred that Britney Spears can get drunk and get married in Las Vegas, and then immediately have it annulled just because she thought that getting married would be "fun." Sacred indeed.



Marriage isn't sacred simply by definition; the divorce statistics alone prove that marriages are failing at an alarming rate. Marriage is sacred when the couple involved is committed to making it sacred. (And for some religious people, having their marriage blessed by the church is part of making it sacred – but again, that is a separate issue.) Real marriage is about mutual love, respect, and support. Marriage is about creating a permanent and stable family unit, with or without children. The government didn't pass judgment on the value of Britney's relationship. Why must it condemn ours?



If Rhonda and I could afford the lawyer's fees, we could have some legal documents prepared that would provide us with some basic protections - such as wills, power of attorney, and hospital visitation. Not only is this VERY expensive, but it doesn't come close to the over 1000 rights and legal protections that a simple marriage license provides.



The argument against same-sex marriage is riddled with abstractions, ignorant bigotry, and bad logic. When conservative extremists start preaching about "destroying the moral fabric of society," they are talking about real people – they are talking about us, and it’s not right. Gay people are citizens and we pay taxes. We deserve equal protection under the law. Allowing us to get married in no way hurts other people's marriages. Marriage doesn't need to be "defended." Gay people are being discriminated against in a very real and concrete way, whereas religious bigots are simply being threatened in their own minds.



The next time you hear a politician talk about the great “threat” to marriage, we want you to think about us and some of the specific ways this issue impacts our lives:



·        We don't have legal rights to visit each other in the hospital or make medical decisions on each other's behalf.



·        We can't get joint health insurance. Since Rhonda lost her job, we have to pay $225 a month for COBRA coverage. Rhonda will lose her coverage when COBRA runs out, because we can’t afford the $425 monthly premium for individual insurance. If we were married, Rhonda could have been added to Jennifer's policy for a mere $25 a month.



·        Even if an employer chooses to offer partner benefits, we would have to pay taxes on it.



·        If one of us – or our parents - becomes seriously ill or disabled, the “unrelated” partner cannot use the Federal Family Leave Act to take time off from work to care for them. We wouldn’t even have the legal right to leave work for a funeral.



·        Even though we pay taxes, if one of us dies, the survivor won't be able to collect social security benefits.



·        If one of us dies in an accident, or on the job, the other wouldn't have the right to sue for wrongful death or to collect workman's compensation benefits.



·        If someone tried to sue one of us, we could be required to testify against each other because we wouldn't have "spousal privilege."



·        Even though we share joint ownership of the house, since we aren’t married the surviving partner will have to pay inheritance tax on the house. If one of us dies, the other may have to sell the house just to pay the taxes. We can’t even will our retirement savings to each other without having to pay a crippling inheritance tax. Married people are exempt from this tax to prevent widowed spouses from becoming impoverished.



·        Once we reach retirement age, if Jennifer dies first, Rhonda can’t continue to receive her teacher’s pension, which could also put the house in jeopardy and lead to financial ruin and poverty.



·        If we are traveling and one of us dies away from home, the survivor doesn’t have the legal right to bring home the remains or to make funeral arrangements.



This is just a small sample, but it shows that the legal inequities are very real, and it’s not fair. Our family deserves to be supported and protected like anyone else’s. The church doesn't have to approve, and everyone is entitled to their own beliefs - but in a free country, other people's religious beliefs shouldn't be used to deny certain Americans equal protection under the law.



This political issue is controversial and emotional, but it’s important for you to realize that for us, it is also deeply personal. We just felt it was time to raise awareness, and the best place to start is with family. If any of you feel as passionately about this as we do, we urge you to contact our elected officials and let them know that this amendment is wrong, and that everyone deserves equal rights. Talk about it with your friends and colleagues – most Americans believe in fairness, but are unaware of the discrimination and potential hardship we face. We need to put a human face on the hateful rhetoric of George Bush and politicians like him.



But most importantly, at the very least we are asking that you think about us the next time you are in the voting booth. Choose carefully when you are selecting your senators, congressmen, state officials, and president. And don't forget that the president appoints judges who will continue to shape the law long after the president has come and gone. Are you going to put someone in power who slanders and discriminates against members of your family?



Thanks so much for taking the time to read this. It really means a lot to us.

Much Love,

Jennifer & Rhonda



PS: If you would like to send an email or fax to your elected officials, here’s a really easy way to do it if you have a computer. Go to this web page: www.hrcactioncenter.org/campaign/bush_fma and just fill out the form to automatically send a message to Congress. Thanks!



WTJunkie
 


Re: How will your family vote?

Postby Darcy » Tue Mar 02, 2004 9:26 pm

That was a terrific letter - please let us know how your families respond.



Another front in the war has opened up - Multnomah County, Oregon (Portland) has decided to issue marriage licenses to same-sex couples. Apparently Oregon law defines marriage as "a civil contract entered between males who are at least 17 years old and females who are at least 17 years old" - none of that "man and a woman" nonsense.



www.katu.com/news/story.asp?ID=65051








*****************
I don't care if it is an orgy of death, there's still such a thing as a napkin! - Willow in "Superstar"

Darcy
 


USA Today article

Postby tyche » Wed Mar 03, 2004 1:31 pm

Here's a USA Today article rounding up a few recent developments on the issue:

Quote:
www.usatoday.com/news/nation/2004-03-03-ny-gay-marriage_x.htm?csp=24

Oregon gay marriages begin; New York calls vows illegal

By Jim McKnight, AP

PORTLAND, Ore. (AP) — Gay and lesbian couples started tying the knot in Portland on Wednesday after the county issued same-sex marriage licenses, joining the rapidly spreading national movement from San Francisco to upstate New York.

About 50 people lined up for a sudden chance to wed after a Multnomah County commissioner said she would begin issuing the licenses to same-sex couples.

An ebullient Mary Li held up the very first certificate — showing her and her partner's name under the Oregon seal.

"I can't describe how great it feels," Li said. She and her partner Rebecca JFK were also the first to be married, by a county judge.

Gay bar owners handed out free glasses of champagne and many couples carried bouquets of roses.

Meanwhile, New York's attorney general joined the national debate, saying current law prohibits same-sex weddings but that he would leave it to the courts to decide if the law is constitutional.

"I personally would like to see the law changed, but must respect the law as it now stands," Spitzer said in a statement obtained by The Associated Press.

Both sides of the polarizing issue have been waiting for Spitzer's opinion since last Friday when the mayor of New Paltz, a small college town 75 miles north of Manhattan, married 25 same-sex couples without licenses. Village Mayor Jason West now faces 19 criminal counts and could face jail time.

On Wednesday, Nyack, N.Y. Mayor John Shields said he would also start marrying gay couples and planned to seek a license himself to marry his same-sex partner.

However, Spitzer said Wednesday that New York's law contains references to "bride and groom" and "husband and wife" and does not authorize same-sex marriage.

Spitzer last week refused a request from the state health department for an injunction stopping the gay weddings. New York Gov. George Pataki has said that performing gay marriages is illegal, and affirmed that position on Wednesday.

"Marriage under New York State law is and has been for over 200 years between a man and a woman. And we have to uphold that law," he said.

Shields said he would go ahead with his plan despite Spitzer's opinion.

"What do you do when you're faced with injustice?" he said. "What did the women do in the suffrage movement? They marched. They were arrested. They did what they had to do to get their rights."

In Washington, D.C., lawmakers debated same-sex marriages, with Republican senators such as Majority Leader Bill Frist asking Congress to embrace a constitutional amendment banning them. (Related story: Sen. Frist backs U.S. amendment)

"Same sex marriage is likely to spread through all 50 states in the coming years," Frist said. "It is becoming increasingly clear that Congress must act."

West married 25 gay couples on Friday, making New Paltz another flash point in the national debate over gay marriage. More than 3,400 couples have been married in San Francisco; West now has about 1,000 couples on a waiting list.

In Massachusetts, same-sex marriages have the approval of the state's highest court — but the state-sanctioned marriages will not start until May.

New York and Oregon are among 12 states without laws defining marriage as between a man and a woman. Oregon state law defines marriage as a "civil contract entered into in person by males at least 17 years of age and females at least 17 years of age."

On Tuesday, Multnomah County Chair Diane Linn directed the county to begin issuing same-sex wedding licenses after consulting with the county attorney, but without an official vote from the four other county commissioners. Three other commissioners affirmed her decision Wednesday.

"We will not allow discrimination to continue when the Constitution of the state of Oregon grants privileges equally to all citizens," Naito said.

Portland has long been viewed as a bastion of liberalism, but opposition from Oregon's Republican leadership was swift.

"I'm very upset that this travesty is taking place in Oregon. It definitely is an insult to the voters and to the people," said Kevin Mannix, chairman of the Oregon Republican Party, who called for the attorney general to put a halt to the marriages immediately.

Two protesters yelled at the couples across a yellow police tape as officers kept watch.

Marriage ceremonies were planned late Wednesday at a downtown hotel, hosted by Basic Rights Oregon and the Oregon chapter of the American Civil Liberties Union.

Among those in line early Wednesday was Christine Tanner, who won a landmark Oregon Court of Appeals ruling in 1998 requiring all state and local governments to offer spousal benefits to the same-sex domestic partners of their employees.

"There are only so many big events in people's lives — birth, marriage and death," said Tanner, who waited overnight to wed her partner of 19 years. "It's a big deal. For us, this is symbolic."

In New York, West, 26, said he was motivated by civil rights and "common decency" to join the vanguard of the growing gay marriage movement, along with San Francisco Mayor Gavin Newsom.

West was to be in court Wednesday night to answer charges that he married 19 couples knowing they did not have marriage licenses, a violation of the state's domestic relations law. He planned to plead innocent.

"I don't plan to spend time in jail," the Green Party mayor said on NBC's Today Show. "I think that the judge before whom this case will be heard will see that the constitution is clear on this, will see that our laws are clear on this and will see that these marriages are in fact legal."

If convicted, West could face from a $25 to $500 fine or jail time. Ulster County District Attorney Donald Williams said a jail term wasn't being contemplated at this point.




tyche
 


Re: USA Today article

Postby Diebrock » Wed Mar 03, 2004 2:14 pm

Here is an article from the Village Voice I'd Leave the Country, but My Wife Won't Let Me by Laura Conaway.

But the best thing about this whole article is the illustration. I just love it.







Quote:
I've fantasized about leaving this country since I was 12 years old, but never more desperately than last Tuesday, when the president announced that my gay family should be banned by the U.S. Constitution. Suddenly, expatriation stopped being about wool berets and red wine at lunch. My loved ones and I were standing at the wrong end of a government's gun—not literally, of course, but in a way that threatens our deepest understanding of our lives. Our hopes for a happy, loving, ordinary marriage had become a national threat. George Bush had called for an amendment against same-sex marriage.



"Can we just go to Canada now?" I asked my wife, knowing the answer. We argue remarkably little for people who have a toddler and spend every possible moment together. Except we do have this one running debate at the breakfast table, which starts with me saying we could get legally married, right now, north of the border. Sarah holds up the weather page and says, "Hey, that cold air out there? It came from Canada, and it got warmer on the way."



It's warm in Vancouver, I say.



And we could be freer there. But she's not going, for reasons beyond the mercury. She wants to live as an American—more specifically, as a New Yorker—regardless of whether this America wants her. She wants our son to grow up an American, even if it means he'll lack the protections of the kid next door. Being American matters to her, and that means it matters to me. Four years ago this fall, we stood before an Episcopal priest and were pronounced married for life, for better, for worse. "Those whom God has joined together," the priest warned, "let no one put asunder." I won't leave her, Mr. Bush, not even on account of you.



But, oh, the siren call of liberty. Blame my parents for making me rootless by moving too often. Blame me for believing any place with equal rights and a bookstore is good enough. I can accept exile, but I cannot accept less than fair. I want to be a full citizen, with this woman, today. I want to do whatever it takes, sacrifice whatever is necessary, go wherever I have to, for that to be so.



I want to be taxed equally. I want my Social Security benefits to go somewhere besides down the drain. I want the Fifth Amendment right not to testify against Sarah, and to protect our private correspondence from subpoena, the same as other spouses. Couples like us don't have that right. Surprised? Rosie O'Donnell and her wife were, when the lawyers came after them.



I want our politicians and religious leaders to stop going on television and suggesting that legalizing marriage for us would be like legalizing sex with dogs. My wife, in my arms? They are talking about my wife, in my arms. Do they know, do they care, how much that hurts? Where must we run to be safe from them?



I want my wife not to feel such pressure and fear that she curls up in bed at night and cries. On the night of Wednesday, February 25, a woman in Brooklyn lay crying because she can't understand why people would hate her so, why they'd have to denigrate a beautiful and private part of her life with the most heinous rhetoric. Think about that. My wife lay in tears because strangers are clamoring for the power to decide whether she belongs, whether the American promise should hold true for her—as if there were any question which way they'd vote.



What stands between us and them? A couple dozen senators, and some of those are on the fence. Where is our right to a meaningful marriage, to the honest pursuit of happiness? We want our justice and "domestic tranquility." Whose country is this, anymore? Someone tell me. I get the feeling it's no longer mine.



For me, one of parenting's most profound lessons is that I am supposed to take care of Sarah and the baby, collectively, as a unit. It's not like she's a helpless damsel and I'm a butch knight—if anyone's the tough guy around here, it's her. Rather, I believe all mothers need protecting so they can get on with the open-hearted business of mothering. What works for me is to have Sarah come first, and with Sarah comes the baby. If there are two seats on the life raft, I'm drowning. House fire, I'm first in for the kid. Not enough food, I'm hungry, not her and not him.



Now comes an enemy who outweighs me, outnumbers me, corners me at will. And you know how I can really tell I'm overmatched? I wish it away. I say to Sarah, they'll never get this marriage amendment out of the Senate. They may get it out of the House, but never the Senate. This blustering of mine is worth only so much. We each know the amendment would likely pass in the states—it would need approval from 38, and that many already have statutes against gay marriage. Would Sarah leave then? She says maybe.



I look for example to older African Americans, though many of them don't want us, either. Not wanting to offend, I silently think of the children marching into the fire hoses of Birmingham, the adults who sat at segregated lunch counters while mobs poured ketchup on their heads. Some mothers and fathers back then asked their kids to be first through the schoolhouse door, rocks and bullets and all. Others left for the relative tolerance up North in places like Chicago and Harlem, unwilling to make an existence of waiting. I know what's happening to us isn't the same as that, exactly, but it requires of me the same kind of courage. You just hope the breakthrough happens in your lifetime.



The privacy of this struggle may be the worst part, the continued aloneness of being. So many people don't get it. They say things to us like "Being married isn't all it's cracked up to be"—as if we weren't religiously married already, as if being blocked from the city clerk's door were great fun. They say, "Wouldn't civil unions be enough?" or, now that gay couples are marrying out West, "I'd hate for this marriage thing to win Bush the election." They say, "You really have to pay taxes like that?" and "Being domestic partners doesn't help you?" and "You should see the marriage penalty we pay." They say, "Oh, I wish it were different for you." They say, "Come to our wedding! We're getting married!"



Sometimes I think the greatest hindrance to our cause is the sheer force of the American legend. So strongly do people believe this country stands for freedom that they can't fathom it's ever otherwise. Sign a few contracts, the well-intentioned advise, and you'll get all the same rights as straight couples—that's an outrageous fiction, but not as outrageous as the notion that being almost equal under the law is good enough.



For now, we can't get even that far, with leaders like Bush smirking at this thing Sarah and I call marriage. Should he need proof of the moral weight of our vows, I'd ask him to consider this: If it weren't for the true marriage I'm in, and the needs of the wife I've pledged to love, I would flee this America to fulfill my own dream of equality. Instead, with no small sum of fear, I will stay with her and fight.




_________________

Independence is my happiness, and I view things as they are, without regard to place or person; my country is the world, and my religion is to do good.

I've kissed her best friend. I've reached into her best friend's pocket and fished around for keys. And I gave her best friend my number. I must be doing something totally, totally wrong... - TBSOL by Dreams

Diebrock
 


Re: USA Today article

Postby urnofosiris » Wed Mar 03, 2004 2:45 pm

The illustration is great and so it the article. I lack the proper words to describe it really. It´s very moving to say the least.

urnofosiris
 


Re: USA Today article

Postby BytrSuite » Wed Mar 03, 2004 5:02 pm

Thanks very much for posting that, Diebrock. It's a very good article and says pretty much what I feel. I even printed it out, and I never do that with anything.





ETA Because I'm slow:



WTJunkie that is an excellent letter. I wish you both the best and hope all goes well. Thanks for sharing that.


________
"...the sharks got smarter."

Edited by: BytrSuite at: 3/3/04 4:20 pm
BytrSuite
 


Re: USA Today article

Postby maudmac » Wed Mar 03, 2004 5:48 pm

Thanks for posting that, Diebrock.



That illustration is beautiful. I, too, am speechless.



And the article expresses a sentiment I share. I've been feeling exactly that, myself - that this isn't my country anymore. I feel a kind of homelessness. It's not easy to just pick a country you like and get on a plane and live there forever. It's also not easy to remain in your own country when you feel so profoundly betrayed by it. My only course of action is to do what I can to change how things are here, but that often feels like such an uphill battle. How many letters can I write to my legislators? How many petitions can I sign? How many times can I come out? How many people can I beg to please, please, please vote?



It's discouraging. I can't say with honesty that if it were very easy to move to Canada, I wouldn't. I want to be the citizen of a nation I can be proud of and, as it is now, I'm not.


I have no professional training. I already gave my best. I have no regrets at all.

maudmac
 


Re: USA Today article

Postby cattwoman98111 » Wed Mar 03, 2004 6:13 pm

WOW.



Thank you for posting it.

Your smile got stuck in my eyes and your mouth makes me forget what i'm saying and your lips make me wonder if your taken, so tell me, are you taken?

cattwoman98111
 


Re: USA Today article

Postby Puff » Wed Mar 03, 2004 6:17 pm

Thank you Diebrock for posting that article. It was wonderful. Just kind of speachless right now.



So, the day started and I knew my name and had my pants on. So far, so good. Yay.
Amber Benson

Puff
 


USA Today article

Postby Tiggrscorpio » Wed Mar 03, 2004 6:53 pm

Firstly, WTJunkie, your letter to your family is totally awesome. I, too, would be interested in knowing how your family responds.



Since coming out eight years ago, my family has also adopted that understood silence. "We love you, we just don't want to talk about your being gay."



While I'm not partnered right now, I would like to get married someday. The idea of this Constitutional Amendment has driven a real wedge between my family and me. I've spoken to my mother on two occasions since Dubya made his announcement and she hasn't mentioned it once. Of course, she thinks he's the greatest thing ever and past topics about him have ended in heated disagreement. My real surprise this week came from my sister, who is usually very supportive. As I continued to point out dozens of reasons why such an amendment is a disgrace to what this country is supposed to stand for, her only reply was, you've got to keep fighting and you should do this. I realize I must keep fighting, but I also finally said, it would be nice to have some straight people on our side. Her response was about how she really didn't like politics.



Her apathetic answer scared me. I just don't understand how anyone can not see the blatant discrimination in what the President is trying to do. How can you be neutral on something that seems so obviously wrong?



I've been very upset about it all week. If I can't even convince my own family, what chance do I have of changing the minds of millions of other people? I'm not giving up. I've written to my congresswomen and signed petitions and given money to HRC, but I'm still very discouraged. I can feel myself pulling away from my family, creating a distance that may not easily be bridged, and I know that's not the right thing to do. But I'm so angry.



I know exactly how the woman feels in the USA Today article. If this Amendment sees the light of day, I will leave this country. I couldn't in good conscience stay here and pretend to be proud to be an American.

Tiggrscorpio
 


Re: USA Today article

Postby Alia16 » Wed Mar 03, 2004 9:01 pm

Today Oregon (Multnomah County) issued marriage licenses for the first time to same sex couples. At like 9:00 am there was like 150+ people waiting outside city hall. I think I heard like 60 or so couples actually got married today. Happy happy news :)

Alia16
 


Re: Village Voice article

Postby Gatito Grande » Wed Mar 03, 2004 9:42 pm

I changed the header, cuz' I really thought that cool opinion piece (w/ the even better illustration) was from USA Today! (frankly, it would have been better if it was---it would show that we were breaking through to the idiot masses :rolleyes )



I know some of you are getting discouraged: it feels awfully scary in the nation's crosshairs. But remember the words of Peter Gabriel (they might be Steven Biko's---they're from the song "Biko"): You can blow out a candle, but you can't blow out a fire.



GG The fire is spreading: we are winning, we will win! :pride

Gatito Grande
 


Re: Village Voice article

Postby sprhrgrl » Thu Mar 04, 2004 2:04 am

Portland.



Wow.



My boyfriend and I are pondering getting married. Because we're so close to Portland. And because we can.



It's just so amazing that it's even a feasible thing to ponder.

Sweetie, I'm a fag. I been there. - Tara (Dead Things shooting script)

sprhrgrl
 

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