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08 Feb 2012 20:23

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Politics: Big successive days for marriage equality movement

  • yesterday A three-judge panel of the 9th Circuit Court of Appeals struck down California’s Proposition 8, the gay marriage ban which voters approved in 2008. As we noted, the ruling didn’t endorse same-sex marriage as a right, but said voters had no rational reason to prohibit it; a step forward regardless.
  • today Washington’s state legislature passed, by a vote of 55–43, a bill that legalizes same-sex marriage. The bill will almost assuredly face a legal challenge by opposing advocacy groups, but Democratic Governor Chris Gregoire will likely sign it into law at some point during the next week. source


08 Feb 2012 02:00

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Politics: “Judge Reinhardt wrote his opinion for an audience of one: Justice Kennedy”

  • Judge Reinhardt does not hold there is a right to same sex marriage, only that CA had no rational reason to take away the label of marriage for use by gay and lesbian couples after the state had had already given it. By crafting the argument in this way, and making the case that the only reason for passing Prop. 8 was anti-gay animus, Judge Reinhardt has given Justice Kennedy a way to decide the case without embracing a major holding recognizing a right to same sex marriage generally.
  • Rick Hansen • Regarding the nature of the 9th Circuit Court’s ruling on Proposition 8 earlier today. Hansen is suggesting that Judge Reinhardt cast the ruling in an intentionally narrow sense so as to make it easier for Justice Kennedy, the Supreme Court’s most notorious swing voter, to uphold it on appeal. The distinction we made earlier could thus affect the future of gay marriage in California. In short, court rulings often possess a strategic, as well as a legal, foundation. source


07 Feb 2012 18:30

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Politics: Some important nuance regarding Proposition 8

  • A quick note about today’s prop 8 ruling: While the court did rule in favor of gay marriage, the court did not assert that gay marriage is a fundamental or constitutional right. That’s not the angle the court was coming from, and in fact, it intentionally deferred answering that question. Rather, the ruling rested on two assertions. One, the notion that US Constitution requires a “legitimate reason” for states to pass laws that treat “different classes of people differently.” Two, the fact that “under California statutory law, same-sex couples had all the rights of opposite-sex couples, regardless of their marital status.” Because of this fact, Proposition 8 serves only and exclusively to “lessen the status and human dignity of gays and lesbians in California.” The court ruled that this isn’t “legitimate reason,” and therefore, is unconstitutional. As we’ll explain later, this nuance has significant implications for future court rulings. source


07 Feb 2012 14:05

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Politics: California’s gay marriage ban, Prop. 8, struck down by court panel

  • Proposition 8 served no purpose, and had no effect, other than to lessen the status and human dignity of gays and lesbians in California.
  • The 9th Circuit Court of Appeals • On today’s 2–1 panel ruling, which overturned California’s gay marriage ban on constitutional grounds. This is a validation of a previous ruling against Proposition 8 back in August 2010, made by now retired Judge Vaughn Walker. ProtectMarriage, the group that backed Proposition 8, still has legal recourse, however; they can seek the ruling of a larger 9th Circuit panel, or try to take the case to the U.S. Supreme Court. The likely “swing vote” in that case is thought to be Justice Kennedy, who could therefore occupy the unusual position of holding millions of people’s future marriages and families in his hands. source


24 Jan 2012 10:17

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Politics, U.S.: Gay marriage bill gets closer to passing in Washington state

  • pastWashington state has had a same-sex domestic partnership law since 2007, and an “everything but marriage” law since 2009. This week, opponents and supporters of same-sex marriage crowded a state Senate committee hearing to see if the state might go a step further.
  • futureState Senator Mary Margaret Haugen became the 25th vote of support of the bill on Monday. “This is the right vote and it is the vote I will cast when this measure comes to the floor,” she said. Washington would become the seventh state to do so. source


05 Jan 2012 10:13

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U.S.: Iowa judge favors married same-sex couple in birth certificate case

  • cause The Iowa Department of Public Health told a married same-sex couple they couldn’t put both their names on their child’s birth certificate.
  • reaction The couple sued, saying it went against a 2009 decision by the Iowa Supreme Court that legalized same-sex marriages.
  • result A district court judge ruled in favor of the couple, scolding officials for not interpreting older laws in light of the 2009 decision. source


03 Jan 2012 10:30

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U.S.: 2012 in gay rights: Hawaii, Delaware legalize civil unions, couples cheer

  • aloha “We really don’t want to wait any longer because we have been together for 33 years waiting for the opportunity and our rights and everything that goes with it,” said Donna Gedge. She and her wife Monica were one of four couples to receive civil unions in Hawaii as the new year rang in Sunday.
  • not alone Now 11 states (plus D.C.) recognize same-sex civil unions or gay marriage. Hawaii and Delaware just joined the ranks of Massachusetts, Connecticut, Iowa (as a good friend of ours reminded everyone last night), Vermont, New Hampshire, New York, Illinois, New Jersey and Rhode Island. source


 

17 Nov 2011 14:20

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U.S.: CA’s Prop. 8 proponents win State Supreme Court challenge

  • And The fight over gay marriage rolls on: The California Supreme Court has ruled that opponents of gay marriage may defend the state’s ban, better known as Proposition 8, in court proceedings. Typically the task of defending such a state initiative falls on officials like the governor or attorney general, but both Jerry Brown and Kamala Harris have refused to do so, voicing opposition to the marriage restriction. This is broadly viewed as a table-setting sort of ruling — there’s a growing air of inevitability that the gay marriage issue is bound for the U.S. Supreme Court, where a ruling could impact the institution all across the country. source


17 Oct 2011 23:06

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Culture: Casual Monday: ABC anchor comes out on-air like it’s no big deal

  • Big kudos to ABC World News Now host Dan Kloeffler.  Not only did he come out while broadcasting on-air — itself an incredibly courageous thing to do — but he did it in a casual, nonchalant way. No big, dramatic announcement; Kloeffer just off-handedly dropped it during a story about actor Zachary Quinto. “He’s thirty-four, I’m thirty-five,” Kloeffler said about Quinto, who also just came out. “I’m thinking, I can lose my distraction about dating actors for that one.” Kloeffler didn’t present it as a game-changing fact of outsized importance, but just a part of who he is. This is the kind of thing that helps encourage — however slightly — mainstream acceptance of different sexualities, even. source


04 Oct 2011 15:12

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Politics: House GOP triples budget to fight same-sex marriage

  • $1.5 million in funding to prevent gays from marrying source
  • » Don’t forget, this is taxpayer money, allocated by House Republicans to their legal counsel to defend DOMA in court. It was originally capped at $500,000, but that limit has since been tripled.


 
 
 

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