Survey USA conducted a poll which shows Referendum 71 holding a narrow lead, reflecting similar results from an earlier poll. Approving the Washington state referendum is a vote to approve the "everything but marriage" domestic partnership law.
The numbers show 45% approve, 42% reject and 13% undecided.
Among men, the measure is rejected by a 4-point margin; among women, it is approved by 12 points -- a 16-point gender gap. 72% of Republicans say they will vote to reject; 72% of Democrats say they will vote to approve; independents reject by a 13-point margin. In Metro Seattle, the measure is approved by 18 points; in Eastern Washington, it is rejected by 18 points. Western Washington voters outside of Metro Seattle are more divided, with an 8-point margin voting against the referendum.
With Seattle making up 53% of the state's electorate, a strong GOTV campaign is needed to be sure LGBT allies come out and vote on the measure.
To help the Approve 71 campaign get out the vote, go to Approve71.org and get involved!
More than 350 lawyers from across Maine - from Kittery to Fort Kent - who teach, practice and write law in the state, have signed a statement rebutting the misinformation and distortion created by the Question 1 campaign ads, and urged voters to reject the ballot measure and support marriage equality.
"These ads are a blatant distortion of the law," said Michael Asen, a Portland attorney who has been active in the NO on 1 campaign. "As legal professionals, many of us felt a responsibility to stand up and make sure Mainers know the truth about the law."
The statement entitled Lawyers for Marriage Equality is divided into two categories - what the marriage equality law does and what it doesn't do. It makes clear that the law, enacted in May, does not threaten the tax exemption status of churches, has nothing to do with schools or curriculum, and will not lead to law suits. The full text is attached.
According to Jane S. E. Clayton who practices law in Bangor, Maine's law ends discrimination while protecting the First Amendment guarantee of religious liberty of both houses of worship and individuals.
Identifying themselves as coming from all political affiliations, the lawyers add that we know Maine and still have our common sense. Our opponents are not only wrong on the facts, they are purposely sounding false alarms.
The lawyers' statement was prompted by one political advertisement that focused on a Boston College law professor who warned of dire changes under the new law.
The ad is trying to divert attention away from the central issue which is to make sure that all Maine couples and families are treated equally - that's what this law does, said Jon Doyle, an Augusta attorney who has practiced law in Maine for 48 years and is active in the NO on 1 campaign. The law was carefully written to protect religious liberties and in no way impacts what's taught in our schools.
Maine's new marriage law protects religious freedom and guarantees equal protection under the law for all Mainers, added Lewiston attorney, Jodi Nofsinger.
Included with the letter was a September 18th legal memorandum, which methodically rebutted the Question 1 campaign distortions. It was signed by Senate President Elizabeth Mitchell, Speaker of the House Hannah Pingree, Representative Emily Cain, former Attorneys General Steve Rowe and James Tierney, Dean Peter Pitegoff*, University of Maine School of Law and Professor David Cluchey*, University of Maine School of Law.
*University listed for identification purposes only, not endorsement.
My friend Laura Kanter has done amazing work with the images in this video put to Julie Clark's song, "Courage of Our Convictions" which Julie will sing at the event.
And this should come as no surprise to anyone who's been to any major LGBT event - the infamous "God Hates F***s" pastor Fred Phelps plans on going to the National Equality March as well. However, I suspect for a different purpose than ours. Maybe you can get your picture taken with him to prove you were at the march!
Last but definitely not least, the amazing reporter Lisa Leff wrote a piece on the march for the AP:
A Democrat in the White House. Demands for sweeping civil rights protections. Religious opponents working to undo a string of state-based victories.
That was the backdrop in 1979 when gay rights activists staged their first national march in Washington. Thirty years later, with the landscape looking much the same, thousands of advocates are preparing to rally again in the nation's capital this weekend.
And they are demanding many of the same things: a bill to outlaw job discrimination based on gender, a law that would treat attacks on gays as federal hate crimes, and a presidential order allowing gays to serve openly in the military.
Andy Thayer, the LGBT activist who successful ran the Stop Dr. Laura campaign, is now focusing his attention on President Obama, and in particular, his appearance at the HRC dinner on the eve of the National Equality March.
A press release:
Pro-LGBT Picket of Obama This Saturday Moved from White House to HRC Gala
In reaction to the announcement yesterday that President Obama will address a black tie fundraising gala of the Human Rights Campaign (HRC) on Saturday, October 10th, organizers of a pro-LGBT picket originally scheduled for that night at the White House have instead moved the picket to the site of the HRC gala. The picket will begin at 6 PM in front of the Walter E. Washington Convention Center, on the northeast corner of Mt Vernon Place NW and 9th Street NW, Washington, DC.
While the picket organizers will be participating in the Sunday, Oct. 11th Equality March, they charge that the march organizers have been going easy on the Obama administration and the Democratic Party in general. Barack Obama was long on pro-gay promises during the campaign, they say, yet short on delivering on them once he took power in late January.
“The time for talking is over,” said Andy Thayer of the Chicago-based Gay Liberation Network (www.GayLiberation.net), one of the two organizations sponsoring the picket. “This President promised to repeal the Defense of Marriage Act (DOMA), he promised to repeal Don’t Ask, Don’t Tell, he promised to pass the pro-LGBT Employment Non-Discrimination Act and a whole host of other things. Instead, he’s delivered on nothing while embracing anti-gay bigots Rick Warren and Donnie McClurkin. The last thing we need is more flowery rhetoric in front of rich, self-effacing gays and lesbians dressed up like penguins.”
The picket is cosponsored by the Dallas-based direct action group, Queer Liberaction (queerliberaction.moonfruit.com), a group which played a leading role in organizing an effective community response to the violent police raid on a Fort Worth bar. ”The Obama administration has likened LGBT relationships to incest and bestiality,” said Queer Liberaction co-founder Blake Wilkenson. “He cited his ‘Christian beliefs’ for the reason why he now opposes equal marriage rights for same-sex couples. He refuses issue a stop-loss order to prevent purges of lesbian and gay soldiers. If we are going to get real change out of this White House, we need to make demands of this President. As the great anti-slavery activist Frederick Douglass put it, ‘Power concedes nothing without a demand.’”
For more information about the Saturday, October 10th pro-LGBT picket of President Obama, contact the Gay Liberation Network at LGBTliberation@aol.com or 773.209.1187, or Queer Liberaction at LGBTliberaction@gmail.com or 214.679.6321
More information can also be found at the Facebook event for the picket.
Others are just as equally non-plussed. GOProud, a group broken off from the Log Cabin Republicans, quickly issued this video:
However, I'm not so sure how I feel about this picket. I'm literally on the fence. On one hand, I say "Go for it!" The president needs to realize that his inaction will not be forgotten and will continually be called into account. On the other, unlike the last picket I attended when he actually decided NOT to act on LGBT rights in a very specific way, Obama hasn't done anything as specific lately. Sure, he's sitting on his hands playing politics, but that's not anything new. (Though the Stonewall Democrats thinks he's done a great job. Go figure.)
I guess I'm looking for a specific ask from this picket line to be voiced for the president to hear. At the last picket in Los Angeles, Obama made a remark in his speech at the fundraiser that he wasn't sure what promises the picket was holding him to.
I think Michael Jones said it well at Change.org. We don't need another empty speech from the president. We've head plenty, thank you very much. What we need is for him to make his speech at the dinner worth while for all. I say we ask him for a simple sentence:
"I support marriage equality in Maine."
Whether you think he will or not is besides the point. You'll never know if you don't ask. I say the picketers should be asking for this endorsement from President Obama loud and clear.
That will be a picket I can join.
Image from Los Angeles picket outside DNC fundraiser.
With the fate of Washington state's new "everything but marriage" domestic partnership law in the hands of voters this November, Equal Rights Washington has released an educational ad featuring Charlene Strong, who tragically lost her wife in a 2006 flooding incident in Seattle.
The ad is airing "through the end of the week in Seattle, Walla Walla, Yakima, Tri Cities, Vancouver, and Bellingham" says the SLOG.
You can donate to help buy more airtime for the ad.
Microsoft Donate $100K to Approve Referendum 71 Campaign The SLOG reports:
Asserting itself as a powerful advocate for gay rights, the Microsoft Corporation donated $100,000 to the campaign trying to approve Referendum 71, a report filed today with the state Public Disclosure Commission shows (.pdf).
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This took guts. Microsoft's brazen role in R-71 will outrage the Ken Hutchersons of the world, who pressured Microsoft for years to back off from supporting gay-rights legislation.
Washington DC Council member David Catania introduced the "Religious Freedom and Civil Marriage Equality Amendment Act" today, which says that "any person . . . may marry any other eligible person regardless of gender."
As earlier reported, the bill is expected to pass and could do so as early as Thanksgiving. The biggest hurdle facing it is the U.S. Congress which has jurisdiction over the District and has 30 legislative days to review the resolution before it becomes law. However, as was the case with the District's marriage recognition bill, Washington Post reports that Congress will probably not intervene.
Opposition in Congress may still find a way to cripple marriage equality in the District by attaching an amendment to a bill that would restrict funding for same-sex marriage in the capital.
In the meantime, supporters are choosing to focus on the present, celebrating today's historical moment and will face the future's challenges as they come.
It was only a matter of time before the Yes on 1 people realized that using outsiders wasn't a good idea in Maine. But unfortunately, they didn't have to look far to find an anti-LGBT local willing to go on the air.
Jeremy Hooper at Good As You does a good job on reporting who Donald Mendell actually is, adding "Love how Mr. Mendell says 'this Maine teacher is a gay activist' (in reference to his co-worker at his very own school, by the way) as if he's a mere layman. It would seem that those who live in glass political ads shouldn't throw "activist" stones!"
What chills me to the bone is the reference to the curriculum at the center of the Alameda Unified School District lawsuit happening here in California. I've been working on a longer piece regarding this case and how it's intertwined with the marriage battles here in the Golden State, but before I've been able to finish, Frank Schubert, the man behind Yes on Prop 8, has wasted no time inserting it into the Question 1 struggle as a reason to ban marriage equality in Maine. Illogical? Yes. Effective? Unfortunately, yes.
The lawsuit against the Alameda school system, filed in August by the conservative Pacific Justice Institute, was brought by parents who were denied the option of opting their children out of curriculum teaching about bullying, and this included bullying of LGBT students. However, the school said they couldn't opt out because the curriculum doesn't fall under the California Education Code provisions which allow for it. So the parents sued. Obviously, I think they're pawns in a bigger scheme. And that scheme is already playing out in Maine and will soon again here in California.
I really do hope the NO on 1/Protect Maine Equality campaign responds just as quickly as last time (they've been amazing at fast responses), but this time, not just call the ad baseless but actually point out the lies. Somehow, Yes on 1 has successfully linked the marriage equality issue to school curriculum and the effects on kids, a tactic we already knew they would use.
Despite the NO on 1 ads, the opposition is able to successfully stick to their message discipline while we keep repeating that "outsiders are harming our families." Yes on 1 easily fixed that by using a local to do their dirty deeds.
We have to avoid Yes on 1's trap of getting us to respond to what is happening in California. Sure, the curriculum they refer to has nothing to do with marriage equality, but it DOES have to do with the fact that LGBT people exist. It's a fact of life.
As I've said before, "We need to tell Mainers, 'You're going to hear that marriage is going to be taught in schools, but you have the power to decide that yourself in your districts. You're going to hear that your church is going to be sued, but you already have protections in place by law. The other side is going to try and confuse this issue, to state things that are not in the law. They want to mislead you. They will lie to you.
"'This is not about curriculum, not about religion. What this is about is civil marriage for all. It's about protecting families. It's about being fair.'"
If we do this, anything Yes on 1 says going further will be overshadowed by doubt.
The "outsiders" argument isn't going to work now. We have to play fire with fire. Call a lie a lie.
With the recent announcement that Congress will be in session during the National Equality March, I contacted Robin McGeHee, one of the chief organizers of the event, and asked her if this caused any new actions to be planned.
"We will be sticking to our main goal of training people and then sending them home to do the work that's needed to be done there," Robin said. "After their training [in Washington DC], they will be contacting their representatives at home."
Equality Across America, the organization forming out of the National Equality March, is actively involved in organizing all 435 congressional districts in the nation in an effort to gain full federal equality for all. Their goal is to have Congressional Action Teams per district, some of which have already formed and will be attending the march for training.
"Some Congressional Action Teams will be lobbying Congress over the weekend," Robin said. In order to accomplish this, they may miss out on some of the scheduled training.
The next big step to come out of the National Equality March will be to have the newly trained activists return home and plan for a national action day on November 5.
Depending on where they live and how LGBT-friendly their towns are, the activists will hold rallies or in more conservative areas, write persuasive op-eds in major local newspapers and perform other tasks to create more awareness. Some of the events may join in spirit others being planned in California to memorialize the damage caused by the passing of Proposition 8 which by then will have been a year ago. All will be encouraged to lobby their U.S. Representatives.
More information about November 5 will be given at the National Equality March.
Periodic guest blogger for Unite the Fight, straight ally Jane Wishon does a great job of summarizing the underhanded tactics used by the anti-marriage equality Yes on 1 campaign in Maine and describes how "real Mainers" who see through the lies are being used for the NO on 1 ads.
Watch the current Yes on 1 ads in Maine and you’ll see some familiar faces. Yes, right there on your TV screen you’ll see Robb and Robin Wirthlin bemoaning the fact that their child’s teacher read the book King & King to the class. Why do they look familiar? It’s exactly the same footage used in the Yes on 8 campaign spots from California last year.
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“In each, according to our opposition, a young child is hurt or damaged when exposed to a book that depicts a gay couple as happy and healthy. This message – ‘your kids are in danger’ — is a lie designed to frighten and polarize voters, including but not limited to young parents of young children. This misinformation is what our opposition relied on as far back as Anita Bryant’s 1977 ‘Save the Children’ campaign, and they’re using it again in Maine this year,” according to David Fleischer, media analyst and Lead Organizer of the LGBT Mentoring Project in New York.
In Maine, you’ll also see a school teacher promising that homosexuality will be taught in public school and a law professor promising “a flood of lawsuits.” Meanwhile there is a casting call for a ‘Yes on 1’ commercial looking for a “working waitress type” and a “teacher type,” according to a recent article in the Portland Press Herald/Maine Sunday Telegram. Sound familiar?
What may not sound familiar is the reaction these tactics are garnering in Maine. In his October 2nd Real Mainers step up for ‘No on 1’ ads, Bill Nemitz calls out the opposition for its subterfuge. He begins with pointing out that the handsome traditional family featured on the Stand for Marriage Maine website is actually clip art and calmly and systematically picks apart the spokespeople for the Yes on 1 campaign as not what they purport to be.
Read more of Jane's post to find out why the supposed law professor and public school teacher in the ads are anything but.
Though I have offered friendly criticisms to the NO on 1/Protect Maine Equality ads in the past, believing they can be more hard-hitting by truthfully calling out the lies in the opposition's ads before they even air (because, c'mon, we've seen these ads before!), Jane shows how real Mainers are already seeing through the lies of the Yes on 1 campaign.
The NO on 1/Protect Maine Equality campaign needs your help now more than ever. With less than a month to go before elections and Mainers already turning in early voting ballots, time is of the essence.
The New York Times' Caucus Blog broke the news today the President Obama will be speaking at a HRC dinner this Saturday, the day before the National Equality March.
Mr. Obama’s appearance on Saturday at the annual dinner for the Human Rights Campaign, a leading gay rights advocacy group, represents a significant show of support for gay rights at a time when many prominent gay and lesbian activists have been questioning the president’s commitment to their issues.
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His appearance will mark only the second time a sitting president has spoken to the Human Rights Campaign. The first time was in 1997 when Bill Clinton spoke to the group. That was the first time a sitting president had ever addressed a gay rights organization.
"Eleven months after his election, he has failed to deliver on any of his commitments to gay Americans, but even worse has been his refusal to engage around these issues . . . What he needs to do now is engage and deliver,"Socarides told the AP. "Spend some of his political capital on ending the gay military ban, a hugely symbolic issue. And with no intellectually sound arguments left against it, come out squarely for gay marriage equality."
HRC President Joe Solmonese has responded, saying "We are honored to share this night with President Obama, who has called upon our nation to embrace LGBT people as brothers and sisters. It is fitting that he will speak to our community on the night that we pay tribute to his friend and mentor Senator Edward Kennedy, who knew that as president, Barack Obama would take on the unfinished business of this nation — equal rights for the LGBT community, and for every person who believes in liberty and justice for all."
Lady Gaga, the case of Glee and others will be at the dinner.
I've been told numerous times that I'm the happy-go-lucky type. Always smiling, easy to please and patient. I don't get angry that easily. I have a long fuse.
I would like to think this bit of news is welcoming for me. But for some reason, it isn't.
Should I be appeased that Obama is interrupting at the last minute his pre-planned golf game to speak at a black tie dinner with celebrities in tow? Hosted by an organization that has let Obama off the hook one too many times?
Should I be happy that this historical president, who promised so much during his campaign including being our "fierce advocate", but who hasn't lifted a finger for LGBT rights since he's stepped into office with a Democrat controlled Congress, won't even bother to make a short appearance in front of a historical gathering of the LGBT grassroots the next day?
The plaintiff, in what is now the famous same-sex divorce case in Texas in which a judge ruled that the state's ban on marriage equality is unconstitutional, speaks to Good Morning America Weekend's Bill Weir.
Only going by the initials JB, he says, "After ten months some of it is relief, some of it is sadness, and some of it is overwhelmed because then the floodgates opened again...I don't think the end of anyone's marriage can be celebrated as a victory."
JB also expresses frustration with LGBT legal groups who opposed his lawsuit but are now jumping on the bandwagon.
Grounded in her Judaism, Kerry Chaplin is California Faith for Equality’s (CFE’s) Interfaith Organizing Director and has helped to grow CFE from a staff of one to a staff of five, and from a network of 600 to a coalition of 6,000 diverse faith leaders and faith communities from across California. Kerry holds both a B.A. in Religious Studies and an M.A. in NonProfit Management from Washington University in St. Louis, lives in West Hollywood, and plays wing for her Santa Monica Women’s Rugby Club.
Currently, CFE is supporting the Religious Coalition for the Freedom to Marry by encouraging awareness within California’s faith communities of Maine’s current marriage landscape and by sharing its Interfaith Organizing Director, Kerry Chaplin, for one week. Kerry is helping to organize major marches and interfaith events in Portland and Bangor to make visible clergy and lay people of faith who are standing against discrimination in Maine.
This was originally posted on CFE's blog Friday, October 2nd:
Shabbat shalom and hag sameach from Maine!
We are entering the Jewish holiday, Sukkot, the Festival of Booths, during which Jews traditionally take our meals, even sleep, in temporary shelters reminiscent of the transitory wandering in the wilderness for 40 years. On Sukkot, it is traditional to read Psalm 27:
11 Teach me your way, O LORD; lead me in a straight path because of my oppressors.
12 Do not turn me over to the desire of my foes, for false witnesses rise up against me, breathing out violence.
13 I am still confident of this: I will see the goodness of the LORD in the land of the living.
While reading this passage at Temple Beth El in Portland this evening, I thought of our oppressors, those who hold us LGBTI people and allies down, especially those who are currently doing so in Maine. In the Portland Press Herald this morning, Bill Nemitz described a marked difference between the Yes on 1 campaign and the No on 1 campaign: while the Yes campaign puts forth the same 4 spokespeople, uses website images from online stock photo galleries, and ultimately lacks realness, the No on 1 campaign speaks in diverse voices, uses photos of real Mainers on its website, and thrives on the authentic drive of Mainers, not agendas.
Even in the two days since I arrived in Maine, it is clear that our oppressors are using the same language to bear false witness against us. The Religious Coalition for the Freedom to Marry in Maine is standing for what is just and fair, led by that which is Holy on a path toward goodness.
On this Sukkot, let us all have the courage to be led to goodness in the face of our oppressors.
shabbat shalom and hag sameach,
Kerry Chaplin
Keep checking on CFE's blog for more updates on CFE's involvement in Maine's struggle to keep marriage equality legal! Get involved at NO on 1/Protect Maine Equality.
Quite a bit of news has developed over the weekend in regards to the National Equality March, which by the way is happening this weekend in Washington DC. Here's a recap:
Congress Will Be in Session During March
Surprising his colleagues and many others in D.C., Senate Majority Leader Harry Reid called off Congress' week-long recess that was planned for Columbus Day Weekend, which will make them be in session during the National Equality March after all.
Democrats at both ends of Pennsylvania Avenue are gripped with a renewed sense of urgency in their effort to pass healthcare reform. As the Finance Committee continued into the second week of marking up its bill, Senate Majority Leader Harry Reid (D-Nev.) surprised colleagues on Wednesday by canceling a weeklong Columbus Day recess. Reid’s move came after White House officials publicly called on lawmakers to pass a final bill by Thanksgiving. This ambitious timetable is more than a month before the goal set by congressional leaders, which is to pass a bill by the end of the year.
Senate Majority Leader Harry Reid Endorses the March
More news from Sen. Reid. The following letter was sent to the organizers (click to enlarge):
Just a thought: it's great to see Reid's support and I accept it with open arms, but I couldn't help but notice that support for a DOMA repeal was missing.
[Saturday] night, at Josh Wood's 'Get on the Bus for Equality' benefit for the National Equality March (following her SNL appearance) at Santos Party House in NYC, Lady Gaga urged the crowd to attend the March, and said that she'll be marching:
"I really believe in this cause, and as a woman in pop music I think that this is really an important weekend, and it's not a fucking joke. So get your asses to D.C. and wear something fabulous, and I'll see you guys there."
Someone could have told her it's the National Equality March, and not the Gay Pride March, but it's the action that counts...
National Equality March Route Permit Approved The 2.3 mile route will lead from MacPherson Square past the White House and along Pennsylvania Avenue to the West Lawn of the U.S. Capitol Building.
Speakers List Updated More than 30 speakers, representing the diversity of the lesbian, gay, bisexual and transgender community and its straight allies, will take the stage at a rally following the march on the west lawn of the Capitol.
It Is Still Affordable to Get to D.C. A quick search on Expedia found round trip tickets to D.C. still very affordable. The top ten cities with the largest LGBT population found these low fares if you departed October 10 and returned the 13th.
Solidarity Rallies Across the Globe Are Being Organized for NEM In a show of solidarity for the National Equality March, several rallies are being planned for the October 10-11th weekend. If you can’t make it to Washington, we encourage you to organize efforts in your local communities to demand full equality & join us in D.C in spirit.
Our Youth Official Video Promoting NEM This is the official video of the National Equality March LGBTQ Youth Event.
Hair Cancels October 11 Show to March on Washington and Sing on Stage The producers of the Broadway musical “Hair” canceled a Sunday matinee so the cast and crew could attend and perform at NEM.
Las Vegas Pastor to Coordinate the Faith Service for NEM Rev. Wilfred Moore, Pastor of the Abundant Peace Church, was recently named coordinator of the Faith Service for the National Equality March.
Top Ten Reasons Why Conservatives Support The National Equality March Check out the top ten reasons from Charles T. Moran, national spokesperson for the Log Cabin Republicans.
Even more telling, I love how in the end, Mutty says "who cares?" in answer to the question about out-of-state funds. VERY few Mainers have donated to Yes on 1 while many more have donated to NO on 1.
That's pretty telling. I think we care.
But this and the investigation doesn't deter NOM. In Maine's Morning Sentinel, Executive Director of NOM Brian Brown promises a "couple hundred thousand" more in donations to Yes on 1.
Unreal. Stupid, too. But of course, no investigation is going to stand in their way. Because they have (their definition of) God on their side.
The NO on 1 campaign succeeded recently in its new fund-raising goal. Jesse Connolly, campaign manager, wrote in an email, "Wednesday at midnight, we finished a very successful fundraising quarter with a bang. We exceeded our original goal of $28,000, blew past our revised goal of $40,000, and ultimately raised more than $58,000 - which shows that the people of Maine are prepared to protect marriage equality at the ballot box in just 32 days. I want to thank our online community for helping us surpass our fundraising goal." Doesn't mean we can't keep raising more. Will you be willing to volunteer in the next ten days?
Earlier this week, I reported that New Jersey may be the next state facing a public vote on marriage equality.
That is, if the opposition gets their way.
Supporters hope to have a marriage equality bill passed after November's elections. Incumbent Gov. Jon Corzine, who's running for re-election, is a staunch supporter, and if he loses the race (and right now, he's behind in the polls, though closing the gap), he'll leave office in January. So pro-marriage equality legislators, who have the votes, hope to pass the bill and have him sign it before the end of the year.
In reaction to Thursday's ruling by District Judge Tena Callahan that Texas' ban on same-sex marriage was unconstitutional, Gov. Rick Perry, who pushed for the amendment in 2005, responded with confidence that the ban will weather the challenge.
"Texas voters and lawmakers have repeatedly affirmed the view that marriage is defined as between one man and one woman," he said in a prepared statement. "I believe the ruling is flawed and should be appealed. I am confident that Attorney General Abbott and the will of Texas voters will prevail, and traditional marriage will be upheld in our state."
The case in front of Judge Callahan was whether or not Texas would hear divorce proceeding on two men who legally married in Massachusetts in 2006 and had been together for 11 years.
"My client is ready to get on with his life," Dallas attorney Peter Schulte said, who represents one of the men who will only be identified as J.B. He argued that his client has the right to divorce under the U.S. Constitution's Full Faith and Credit Clause.
Abbott dismissed the argument, saying saying the clause "does not require Texas courts to recognize or give legal effect to marriages between persons of the same sex under the laws of other jurisdictions."
If the ruling were to stand, it would be a break from recent decisions elsewhere.
In March 2003, a Texas court became the first one outside Vermont to grant the dissolution of a civil union. The judge reversed his decision after a challenge by Abbott, a Republican."
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In a court filing, Schulte challenged the state's opposition, saying its arguments were an attempt to "mislead this court in an effort to pursue the attorney general's own political agenda."
He cited wording in the state Family Code that "the law of this state applies to persons married elsewhere who are domiciled in this state. And he noted that "Black's Law Dictionary defines a person as a 'human being.'"
It was the section of the Family Code the denied recognition of same-sex unions and the benefits of law that Callahan deemed unconstitutional.
Shulte wrote that the Texas "is obviously confused or worried that the court, by granting this divorce, would somehow open the floodgates for same-sex marriages to occur in the state. A divorce clearly ends a marriage.
"If a divorce is granted in the case, the court is NOT creating, recognizing or validating a marriage between persons of the same sex; rather the effect of a divorce immediately ends a marriage, which furthers the 'public policy' of this state as written in the Family Code."
On Thursday U.S. District Chief Judge Vaughn Walker ruled that the Yes on Prop 8 campaign must hand over internal records to the plaintiffs and the Olson/Boies legal team in their effort to discover the motives behind the discriminatory ballot measure before going to trial on January 11. If the plaintiffs can prove it was motivated by animus towards gays and lesbians, then the state will have no interest and the initiative may be void under the U.S. Constitution's guarantee of equality.
Walker disagreed with the defendants' argument that releasing the documents violated their free speech rights and would not hinder the activities of other anti-marriage equality groups, an obvious reference by the defendants to the referendums taking place in Washington state and Maine.
"The First Amendment qualified privilege proponents seek to invoke, unlike the attorney-client privilege, for example, is not an absolute bar against disclosure," Walker declared in his order. "Rather, the First Amendment qualified privilege requires a balancing of the plaintiffs' need for the information sought against proponents' constitutional interests in claiming the privilege."
"What was decided not to be said in a political campaign may cast light on what was actually said," Walker said.
However, the judge restricted the Olson/Boies team in their search for facts to only issues and individuals, such as the Mormon and Catholic Church representatives who served on the campaign committee.
"Prop. 8 is irrational, discriminatory and unconstitutional," said Chad Griffin, Board President, American Foundation for Equal Rights, the group who initiated the lawsuit. "Judge Walker's ruling gives us the opportunity to seek evidence that will help prove that in a court of law."
Christopher Dusseault, one of the lawyers for the couples, said the judge's ruling made sense since Walker has said he wants to have as many facts before him as possible when the case goes to trial on Jan. 11.
"Their argument that documents about campaign strategy and rejected campaign messages being irrelevant, simply because they weren't sent to voters at large, is an argument he rejected," he said.
An example of the kind of information the plaintiffs are seeking is discussions showing that the campaign decided against running ads stating that marriage must be reserved to a man and a woman to foster responsible parenting since that is an argument Protect Marriage's lawyers are making now to uphold Proposition 8, Dusseault said.
Walker ordered that on Friday all witness lists and supporting documentation must be turned into the court.
This is another victory for campaign disclosure. Yesterday, Maine's Ethics Commission ordered an investigation into the fund-raising practices of the National Organization for Marriage and its connection the anti-marriage equality campaign Yes on 1.
Numbers guru Nate Silver at FiveThirtyEight takes a closer look at the polling numbers in Maine and throws them into a regression model based on several variants.
The degree of religiosity in a state based on a 2008 Gallup poll. Maine is the third least religious in the Union.
The year an initiative is up for a vote (off-year elections bring out more conservatives)
If an initiative bans only marriage equality and not civil unions, too.
In regards to Maine, Nate calculates also the factor that Question 1 does not attempt to amend the state's constitution, but only veto the legislature's new marriage equality bill. The fact the law came into being through the legislature and not a court mandate is also weighted.
Throw Maine's numbers into the model, and we come up with an estimated level of support for the ban of 43.5 percent, with 56.5 percent opposed. In other words, the model's prediction is that the ban will fail. The standard error of the forecast (not the margin of error, which is larger) is 5.2 points. This implies that the marriage ban only has about an 11 percent chance of passing.
These numbers, however, are before the factors are weighed in. After this, Nate says the odds against the same-sex marriage ban passing are 3 to 1.
What's absent in Nate's calculations is the consideration of the other controversial initiatives on November's ballot, including Maine's school consolidation repeal, which some believe will drive more Yes on 1 supporters to vote.
These numbers are cautious optimism at best. Even stronger ads with strict message discipline and bold endorsements, a big Get Out the Vote (GOTV) drive and more fund-raising is key to keeping the momentum to a big win.
“I submitted 79 emails – and all I have is what’s in the public view to go by – I can’t talk to their donors – so I took the 79 emails I was able to collect – they sent them out from post-Prop 8 until I filed my complaint in August. I took out all the ones that had anything to do with Maine and all of these fundraising emails ask for money. 16 of the 79 were Maine-specific. Some mentioned other states but they all asked for money. Two were only about Maine and they claimed that of these two emails, they only raised combined $295 from these two emails. Because if they hit $5,000 that they raised, then they’d have to file as a PAC [political action committee] – which they hadn’t done so they would have been in violation of the law. So they kind of did it backwards saying, ‘Oh, we didn’t come close to $5,000. We only raised $295.’
In August, Brain Brown took credit – I read that quote [in his testimony]: ‘We have 500,000 supporters in our march’ – whatever. So I said, ‘OK, you have 500,000 people on your list and you only raised $295 from two emails? I mean who in his right mind would believe that? They only raised $147.50 per email from over 500,000 of their supporters.
UPDATE 2 12:08pm PST: Fred Karger of Californians Against Hate, who levied the complaint against NOM and the Yes on 1 campaign, has issued an official statement on the ruling, saying "I’m extremely grateful for the courageous stand the commission took today."
Despite a staff recommendation to the contrary, Maine's Ethics Commission voted 3-2 today to order an investigation of the fund-raising efforts of the anti-marriage equality Yes on 1 campaign and the National Organization of Marriage (NOM) which has given money to Yes on 1.
Thanks to the diligence and official complaint filed by Fred Karger of Californians Against Hate, who has similarly gone after the LDS church's involvement in Proposition 8, an investigation into NOM's fund-raising techniques and the identities of its donors will be launched.
Unfortunately, the investigation will take several weeks and more likely be completed after the November 3 elections which will determine whether or not the state will keep its new marriage equality law.
The Commission concluded that since the investigation will not be completed in time, it is better to be thorough than hasty. A staff proposal on how to proceed will be given to the Commission for review and approval.
The Portland Press Herald reports, "In response, Brian Brown, executive director of NOM, said they have not raised money specifically for Maine and therefore are not required to report individual donors."
With the right to marry also comes the right to divorce.
Today, Dallas state District Judge Tena Callahan granted a divorce to two legally married gay men, declaring that the state's bans on same-sex marriage violates the constitutional guarantee to equal protection under the law.
[Judge Callahan] denied the attorney general’s intervention and said her court "has jurisdiction to hear a suit for divorce filed by persons legally married in another jurisdiction."
"This is huge news. We’re ecstatic," said Dallas attorney Peter Schulte, who represents the man who filed the divorce. The man, identified in court documents as J.B., asked that he and his former partner not be identified.
Attorney General Greg Abbott vowed to appeal and “to defend the traditional definition of marriage that was approved by Texas voters.
“The laws and constitution of the State of Texas define marriage as an institution involving one man and one woman. Today's ruling purports to strike down that constitutional definition — despite the fact that it was recently adopted by 75 per cent of Texas voters.”
A press release was issued, stating "Faith Leaders Support Equality, Call for NO on 1 in November."
Faith leaders from the Religious Coalition for the Freedom to Marry in Mainegathered simultaneously today in Portland and Bangor to endorse NO on 1/Protect Maine Equality. Representing 18 faith traditions from Fort Kent to Kittery and from Farmington to Castine, the coalition of active and retired clergy believe that all Maine families should be treated equally under the law.
The coalition, according to its key spokespersons, said only marriage equality confers full dignity and respect to loving and committed gay and lesbian couples. The religious leaders also said they are speaking out so that people of faith know that many faith leaders believe deeply in fully supporting all their congregant families.
“I believe that faithful, lifelong, monogamous relationships are among the building blocks of a healthy and stable society, “ said Rt. Rev. Steven T. Lane, IX Bishop of the Episcopal Diocese of Maine. “Last spring, the rights and obligations of civil marriage were extended to all Maine citizens. The passage of Question 1 would deny those rights . . . create two classes of citizens and deny one group what we believe is best for them and for society.”
“Marriage creates and enhances stable, committed relationships and the sharing of economic resources and responsibility. Marriage nurtures the individual, the couple, and children,” said Rabbi Darrah Lerner of Congregation Beth El in Bangor. “Good marriages benefit our communities and express our religious values of long-term commitment and faithfulness.”
Coalition members also noted that throughout Maine's history, religious liberties have been both valued and protected under the law and that nothing in the new marriage equality law threatens that tradition.
“Religious groups will have the same freedom to act or not act with respect to same-sex unions as they have now,” said Retired United Methodist Pastor and District Superintendent, Rev. Donald Rudalevige, who lives in Cape Elizabeth.
“It is so very important that we affirm the rights of all families in the State of Maine by voting No on 1, for it is my belief that all families are loved by God,” said Rev. Becky Gunn, Pastor of the Unitarian Universalist Church of Bangor. “And, all families deserve equal protection under the law.”
The opposition, Yes on 1, have issued their response:
"People of all faiths and no faith have the right to take a position on Question 1 and communicate that to the public and to their faithful. This right, I would note, extends as well to the Roman Catholic Church and the more than 600 churches and temples and houses of worship representing many denominations from throughout Maine that support protecting marriage as between a man and a woman.
"The religious groups assembled today to publicly oppose traditional marriage are entitled to their position, but make no mistake that people of faith overwhelming will support Question 1 and the traditional definition of marriage."
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"I am sure they have a spiritual basis for wanting this passage to be deleted from state law... perhaps they can further explain that."
At least these people of faith have a perspective on how far their religious beliefs should intrude on others. Unfortunately, despite some resistance from church members, the Catholic Church in Maine is spending more and more money to fight marriage equality while two of five planned parish closings take place in the next few weeks due to lack of funds.
Phil Reese at Bilerico reports that the fifth largest state in the Union, Illinois, has taken another large step toward marriage equality.
State Senator Heather Steans has introduced SB2468, the Equal Marriage Act, to the Illinois Senate, and the language matches the House's version, HB178, the Same-Sex Marriage and Religion Freedoms Act. This bill was introduced by Rep. Greg Harris.
Rep. Heather Steans makes clear that the time for waiting is over. "Look around the country. We have five states now with Equal Marriage. Its time. Illinois shouldn't lag," she said.
Both Harris and Steans noted that several prominent Illinois lawmakers have come out in favor of full marriage equality - starting with Chicago Mayor Richard Daley when Representative Harris first introduced the bill in 2007. The highest profile of these equality endorsements have been Gubernatorial candidate Dan Hynes and both rivals for President Obama's former Senate seat, Alexi Giannoulias and David Hoffman.
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"It's a fundamental right to find your own family," proclaimed Senator Steans, who calls being the first Senator to introduce marriage equality in Illinois an "honor." Senator Steans described her reasons for sponsoring this bill - issues all too well known to LGBT people in loving relationships barred from recognition.
Senator Steans takes issue with keeping Americans from the rituals, health care decisions, child rearing decisions, tax privileges and access to the same institutions that opposite-sex couples are afforded. She believes all couples deserve access to "the same rights and responsibilities that I have with my husband."
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The ripple effect could be major, with Illinois situated squarely in the center of America's "Heartland." A Midwestern agricultural and industrial bastion, Illinois can take the lead in the marriage equality movement. As Representative Harris said, "We can show this is not just something from the coasts. Illinois is a lot like the rest of America."
Catania made his announcement before 150 gay rights activists gathered in Shaw for a rally featuring the Rev. Eric P. Lee, president of the Los Angeles chapter of the Southern Christian Leadership Conference.
"We are going to do it now," Catania told the crowd. "We are going to do it now, not for ourselves, but for the young people who are 20 years-old, 16-years-old, 13-years-old."
According to a copy of the bill, the city code would be changed to state "marriage is the legally recognized union of two people" and "any person ... may marry any other eligible person regardless of gender."
Catania's bill, which states religious organizations and officials have the right not to participate in same-sex marriages, is expected to pass the council easily when it comes up for a vote around Thanksgiving. Ten of 13 council members will co-introduce Catania's bill Tuesday, and Mayor Adrian M. Fenty (D) has pledged to sign it.
However, the bill would have to get past the U.S. Congress first which, under the Home Rule, has jurisdiction over bills in the District. Yet reports indicate that, like the marriage recognition bill, Congress won't act to fight it.
Catania has been in touch with the White House regarding the bill and states that their response "has been very good."
The amazing Rev. Eric Lee, President of the Los Angeles chapter of the Southern Christian Leadership Conference, who has faced losing his job for his staunch support for marriage equality, visited the District. There he gave a sermon comparing the marriage equality battle to the struggle for voting rights in the District.
"It's taxation without representation," he said. "That's an issue here in D.C., isn't it?"
Lee outlined 5 basic tenets for the marriage equality movement to follow: "education, for the purpose of organization, for the purpose of mobilization, for the purpose of agitation, for the purpose of transformation... in societal attitudes" toward LGBT citizens and same-sex relationships. In rebuttal to marriage opponents who seek to fracture DC along racial and religious lines, Lee invoked the powerful words of civil rights leader Dr. Martin Luther King, Jr: "injustice anywhere is a threat to justice everywhere." Lee offered the perfect segue for pending marriage equality legislation with a rousing declaration that "the burden of discrimination is on those who are discriminating... Make the oppressor defend their discrimination! Make them look you in the eye. Make them engage you with respect."
Equally strong opponents, such as the Bishop Harry Jackson and the National Organization for Marriage, whose headquarters are in D.C., have vowed to fight the measure.
Next door, Maryland's Attorney General Douglas Gansler is expected to rule soon on the state's law and whether or not it allow the state to recognize legal same-sex marriage performed outside its borders. If he rules in favor, which many expect, many gay and lesbian couples may end up flocking to the capital to exchange vows.
They fight against same-sex marriage. They fight against funding for AIDS research. They fight against adoption by gay parents. Are they fighting against themselves?
Award-winning filmmaker Kirby Dick (HBO’s Oscar®-nominated “Twist of Faith”) takes a look at the hypocrisy of closeted politicians who continually vote against gay rights and actively campaign against the LGBT community they covertly belong to in the controversial documentary, Outrage.
Outrage will debut exclusively on HBO MONDAY, OCT. 5 (9:00-10:30 p.m. ET/PT), exclusively on HBO.
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Survey USA conducted a poll which shows Referendum 71 holding a narrow lead, reflecting similar results from an earlier poll. Approving the Washington state referendum is a vote to approve the "everything but marriage" domestic partnership law.
