Friday, July 3, 2009

Happy 4th of July! Our Equality Is Inevitable.



Happy 4th
of July UTF Readers!

Before signing off for this holiday weekend, I wanted to leave you with a reminder of the amazing beginnings of the United States of America and the hope its future can bring.

Everyday we're fighting for our equal rights, and though the Declaration of Independence declares that all are created equal, we know that such a high standard has yet to be fulfilled in this country.

Hopefully this video will remind you that though our country has yet to fulfill its destiny of full equality for all, the foundation has already been laid for its inevitability - we just have to keep working for it. Let this 4th of July be a friendly reminder that our efforts are not in vain.

Be proud.



Unite the Fight will be back and running full steam ahead on Monday.

Senator Leno Announces Bill Clarifying Rights of Same-Sex Couples Married Outside of California

In a press release Thursday, Senator Mark Leno announced he will be authoring legislation to clarify state law regarding same-sex couples who have already married or plan to marry outside of California, prompted by ambiguities about how out-of-state same-sex marriages will be recognized in California following the passage of Proposition 8 and the California Supreme Court decision upholding it.

Senator Leno’s Senate Bill 54, sponsored by Equality California, has been amended to clarify that same-sex couples who married outside of California before Proposition 8 went into effect on November 5, 2008 are recognized as married spouses. The bill also confirms that same-sex couples who married outside California after November 5, 2008, or plan to do so in the future, must receive the same rights, protections, benefits, obligations and responsibilities afforded to opposite-sex spouses, with the sole exception of the designation of “marriage.”

Senate Bill 54 - Regarding Same-Sex Couples Married Outside CA

“Proposition 8 not only creates a separate and unequal category for one minority group of Californians, but also creates confusion for same-sex couples who married outside of California,” said Senator Leno. “Since we cannot remedy this confusion by restoring full marriage equality for all Californians, we are forced to clarify the rights and protections afforded to these couples and their families in state law. As defined by the Court, Proposition 8 only denies same-sex couples the official designation of the term “marriage.”

While Prop 8 prevents California from using the “marriage” designation for same-sex couples who marry after November 5, 2008, the Supreme Court’s May 26 decision, as explained in the Court’s press release, “leaves undisturbed all of the other aspects of a same-sex couple’s constitutional right to establish an officially recognized and protected family relationship and to the equal protection of the laws.”

The Court’s decision states that California must recognize the marriages of couples who married in California before the passage of Prop 8 but does not specify how couples who married outside of the state should be recognized. Nevertheless, existing family and constitutional law, including the Supreme Court’s 2008 decision that upheld the right to marry for all couples, affirms that the state would violate the federal privileges and immunities clause if it were to treat marriages differently based on where they are performed. SB 54 makes that clear in state law.

SB 54 is co-authored by the members of the LGBT Legislative Caucus, including Senator Christine Kehoe and Assemblymembers Tom Ammiano and John A. Pérez. The bill will be heard in the Assembly Judiciary Committee in the coming weeks.

Image by Steve Rhodes.

NEA to Vote on Marriage Equality Resolution

The National Education Association (NEA) is reportedly considering adding an amendment at its convention in support of marriage equality, the vote could come in the next few days. The NEA is the nation's largest union with over 3.2 million members and spent 50 million dollars to help elect Barack Obama.

The weight of the decision holds political and financial implications for the future of marriage equality and adoption rights by same-sex couples.

Please urge the NEA to adopt the resolution calling for marriage rights for LGBT families.


National Education Association
1201 16th Street, NW
Washington, DC 20036-3290

202-833-4000
Monday-Friday 8:30 a.m. - 4:30 p.m. ET

Scroll down on their site for their e-contact form.

Crossposted with Queers United.

Thursday, July 2, 2009

Federal Case Against Prop 8 Moves Rapidly Forward with Next Hearing Scheduled for August 19th

Today in the North California U.S. District Court, Chief US District Judge Vaughn Walker held the first hearing in the federal case against Prop 8. Due to the fact that Attorney General Jerry Brown declined to defend the law based on his opposition to it, the judge ruled that Protect Marriage California, which ran the campaign to pass the initiative, may defend it.

Bay Area KRON reports "...the judge won't stop enforcement of the law while the case is being considered. Judge Walker says he expects a full trial with witnesses will be needed in the case...The next step is for both sides to agree on what facts can be stipulated and submit those issues to the court by August 7th. Another case management conference is set for August 19th."

This signals a speedy trial indeed.

Yusef Robb, spokesman for the American Foundation for Equal Rights, the organization behind the federal case, told Unite the Fight, "We're pleased that we're moving so swiftly toward ensuring each and every one of us is treated equally under the law."

The Bay Area Reporter in an excellent article covering the hearing, reports however that the judge is flexible:
Walker also indicated he is willing to forgo the normal trial process to shorten the time it will take for him to reach a decision that even he acknowledges will not be the final word in the matter. He asked both sides to brief him on what facts are germane to the lawsuit by August 7 and scheduled a second case management hearing for 10 a.m. Wednesday, August 19.

"I am reasonably sure given the issues involved, and given the legal counsel in this courtroom, that this case is only touching down in this court. It will have a life outside this courtroom," said Walker, referring to the 25 lawyers involved in the case sitting before him.
-----
Standing in a nondescript federal courtroom near the Civic Center, the warring attorneys said they have already talked amongst themselves on how to proceed with the case without the need for lengthy trial testimony from expert witnesses. Instead, both sides' lawyers said they prefer to merely brief the court on the relevant issues in order to expedite the process.

Yet the two sides expressed different reasons as for why they don't want to see the legal wrangling be a drawn out process.

Olson, both in court and at a press conference following the hearing, said every day that Prop 8 is allowed to stand tens of thousands of Californians are being discriminated against and denied their constitutionally guaranteed rights.

"The denial of individuals such as my clients here today of the right to marry that is given to all other Californians is in violation of their rights. They are entitled to relief of that as soon as possible," said Olson. "We are very, very anxious to proceed. Even the California attorney general has admitted that Prop 8 is unconstitutional."

The backers of Prop 8, on the other hand, said at the news conference that their main objective is to see the will of the voters be upheld.

"Once again the will of the voters is being challenged. Californians should be troubled their vote, their decision on this important matter is being challenged. The voters of California should have some finality," said Andrew Pugno, who served as general counsel for the Yes on 8 campaign and is co-counsel in the federal case. "It is in the interest of justice and a speedy resolution that this case can move along speedily without being bogged down by a trial."
KRON provides footage of the press conference that followed:




No preliminary injunction to stop enforcement of Prop 8 will be given so that a speedy trial can proceed to final ruling.


Photo: Jane Philomen Cleland

Rep. Sally Kern: “Same Sex Marriage Is Debauchery”

Crossposted with David Badash from The New Civil Rights Movement who kindly gave permission for me to post here in entirety. "Anything to get the word out about [Rep. Sally Kern]!" he told me.

Sally Kern didn’t learn her lesson, even after mass public outrage. No doubt strategically timed to make Independence Day headlines, Oklahoma Rep. Sally Kern is back to demonizing gays again. Today, in an unusually public ceremony, Rep. Kern signed a “Proclamation for Morality,” which blames the U.S.’s current economic crisis on, among other acts of “debauchery,” same-sex marriage. Yup. That’s right, the bad state of the economy is because of the gays. Here’s a taste of her “Proclamation”:
WHEREAS, we believe our economic woes are consequences of our greater national moral crisis; and

WHEREAS, this nation has become a world leader in promoting abortion,pornography, same sex marriage, sex trafficking, divorce, illegitimate births, child abuse, and many other forms of debauchery; and

WHEREAS, alarmed that the Government of the United States of America is forsaking the rich Christian heritage upon which this nation was built; and

WHEREAS, grieved that the Office of the president of these United States has refused
to uphold the long held tradition of past presidents in giving recognition to our National Day of Prayer; and

WHEREAS, deeply disturbed that the Office of the president of these United States disregards the biblical admonitions to live clean and pure lives by proclaiming an entire month to an immoral behavior.
So much for separation of Church and State.

Now, you’ll remember early last year Rep. Kern got busted at her own fundraiser. Never think someone isn’t recording you. Because someone always is. The Victory Fund took the recording and added some images. Watch for yourself:



Here’s the full text of Kern’s “Proclamation”:
OKLAHOMA CITIZEN’S PROCLAMATION FOR MORALITY

We the People of Oklahoma, Invoking the guidance of Almighty God, in order to secure and perpetuate the blessing of Liberty; to secure just and rightful Government; to promote our mutual Welfare and Happiness, do establish this proclamation and call upon the people of the great State of Oklahoma, and our fellow Patriots in these United States of America who look to the Lord for guidance, to acknowledge the need for a national awakening of righteousness in our land.

WHEREAS, “It is Religion and Morality alone, which can establish the Principles upon which Freedom can securely stand” (John Adams); and

WHEREAS, “We have no government armed with power capable of contending with human passions unbridled by Religion and Morality” (John Adams); and

WHEREAS, “Our Constitution was made only for a Moral and Religious people” (John Adams); and

WHEREAS, “We have staked the whole future of American civilization, not upon the power of government…but upon the capacity of mankind for self-government, upon the capacity of each and all of us to govern ourselves, to control ourselves, to sustain ourselves according to the Ten Commandments of God” (James Madison); and

WHEREAS, “Freedom is not a gift bestowed upon us by other men, but a right that belongs to us by the laws of God (Benjamin Franklin); and

WHEREAS, “God who gave us life gave us liberty and can the liberties of a nation be
thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are of the Gift of God” (Thomas Jefferson); and

WHEREAS, “Whether any free government can be permanent, where the public worship of God, and the support of Religion, constitute no part of the policy or duty of the state” (Joseph Story); and

WHEREAS, “We hold sacred the rights of conscience, and promise to the people…the free and undisturbed exercise of their religion” (Roger Sherman); and

WHEREAS, “This great nation was founded, not by religionists, but by Christians” (Patrick Henry); and

WHEREAS, “When you…exercise the right of voting for public officers, let it be impressed upon your mind that God commands you to choose just men who will rule in the fear of God” (Noah Webster); and

WHEREAS, “The principles of genuine Liberty and of wise laws and administrations are to be drawn from the Bible” (Noah Webster); and

WHEREAS, the people of Oklahoma have a strong tradition of reliance upon the Creator of the Universe; and thought secure when we have removed

WHEREAS, we believe our economic woes are consequences of our greater national moral crisis; and

WHEREAS, this nation has become a world leader in promoting abortion, pornography, same sex marriage, sex trafficking, divorce, illegitimate births, child abuse, and many other forms of debauchery; and

WHEREAS, alarmed that the Government of the United States of America is forsaking the rich Christian heritage upon which this nation was built; and

WHEREAS, grieved that the Office of the president of these United States has refused to uphold the long held tradition of past presidents in giving recognition to our National Day of Prayer; and

WHEREAS, deeply disturbed that the Office of the president of these United States disregards the biblical admonitions to live clean and pure lives by proclaiming an entire month to an immoral behavior;

NOW THEREFORE, BE IT RESOLVED that we the undersigned elected officials of the people of Oklahoma, religious leaders and citizens of the State of Oklahoma, appealing to the Supreme Judge of the world, solemnly declare that the HOPE of the great State of Oklahoma and of these United States, rests upon the Principles of Religion and Morality as put forth in the HOLY BIBLE; and

BE IT RESOLVED that we, the undersigned, believers in the One True God and His only Son, call upon all to join with us in recognizing that “Blessed is the Nation whose God is the Lord,” and humbly implore all who love Truth and Virtue to live above reproach in the sight of God and man with a firm reliance on the leadership and protection of Almighty God; and

BE IT RESOLVED that we, the undersigned, humbly call upon Holy God, our Creator, Sustainer, and Redeemer, to have mercy on this nation, to stay His hand of judgment, and grant a national awakening of righteousness and Christian renewal as we repent of our great sin.

Signed on the second day of July in the year of our Lord Christ Two Thousand and Nine.
American Atheists, a forty-six year old organization, released this statement:
“Dr. Ed Buckner, president of American Atheists, said that the bizarre claim “betrays not only intellectual bankruptcy, but insults the intelligence of voters in Oklahoma and the rest of the country who want real solutions to the serious economic difficulties that face our nation. The resolution offered is not only counter-productive, it severely misquotes key founding fathers. Jefferson, Franklin, Madison, and probably Washington as well would be appalled at being falsely claimed by these anti-American yahoos.”

The “Oklahoma Citizen’s Proclamation for Morality” singles out President Obama for recognizing June as LGBT (Lesbian, Gay, Bi-Sexual and Transgendered) Pride Month, and charges that America is economic peril because of “abortion, pornography, same-sex marriage, sex trafficking, divorce, illegitimate births, child abuse and many other forms of debauchery.”

“With all of the recent scandals involving self-righteous politicians, I first thought this Resolution was talking about religious Republicans,” quipped Dave Silverman, Communications Director for American Atheists. “Political leaders, especially those wrapping themselves in the rhetoric of the religious right, are the last people who should be trying to dictate how Americans should live their lives.”

“Once again, we’re blaming complex social problems on the religious right’s idea of sinful behavior,” said Kagin. “It appears that Rep. Kern and her supporters know less about economics than they do using religion to promote a theocratic social agenda.”
It’s time for America to get serious about our politicians.

UTF CALLS FOR ACTION: Contact Rep. Kearns and voice your disapproval!

Ft. Worth Police Chief Changes Tone at Public Forum; Vigil Held for Injured Bar Raid Patron

Fort Wort Police Chief Jeff Halstead has shifted his tone about the raid on the LGBT bar Rainbow Lounge after his comments yesterday that upset a lot of LGBT people, including allies.

At a forum that was already scheduled before the controversy to address Fort Worth residents' concerns about the police, Halstead responded to LGBT residents' questions about the incident.
"We’ve got to work together," Halstead said. "Be patient, and you will see that this is just not lip service. I will meet with you wherever you want to meet. I will go to your restaurants, your house, we can eat barbecue, whatever you want to do. But we’ve got to talk.

"We will heal beyond this."
Pegasus News reports on a "public chat" that took place last night in which a crowd of over 100 appeared and witnesses of the raid detailed what they saw.

A vigil also took place last night in honor of Chad Gibson who was injured during the bar's raid. Once listed in serious condition, the hospital issued good news that he is now in fair condition.

View more news videos at: http://www.nbcdfw.com/video.

India Becomes 127th Nation to Decriminalize Homosexuality

India, the second most populous nation in the world, has decriminalized homosexuality, becoming the 127th nation to do so.

From NDTV:
In a revolutionary verdict, Delhi High Court on Thursday legalised gay sex among consenting adults.

The Section 377 of the Indian Penal Code as far as it criminalises gay sex among consenting adults is violation of fundamental rights, the high court said.

Any kind of discrimination is anti-thesis of right to equality, the court said, while allowing plea of gay rights activists for decriminalisation of homosexuality.

The Naz Foundation along with an activist group Voices Against 377 had filed a petition seeking decriminalisation of homosexuality.

Section 377 in the Indian Penal Code was created in 1861 by the British and outlaws what it calls any acts against the order of nature and the punishment for violating it, can be up to 10 years along with a fine.



Read the High Court's ruling. Read further analysis by Rex Wockner.