Blogcabin California

June 20, 2008

Taking the pulse of gay rights in the courts

Posted by Terry at 1:01 pm .
Filed under: Miscellany

Five years ago this month, the Supreme Court struck down Texas’ consensual-sodomy law in a prosecution involving two men who were having sex in a private home. Justice Kennedy’s majority opinion in Lawrence v. Texas contained some high-flying rhetoric insisting that lesbian and gay Americans are ordinary citizens entitled to respectful treatment. Justice Scalia’s outraged dissent charged the court with reading the entire “homosexual agenda” into the Constitution and, further, predicted that the majority’s analysis spelled the end of all morals-based regulation of sexual conduct. At risk, Scalia warned, were laws against fornication, bestiality, adultery, bigamy, incest, obscenity, prostitution, and masturbation(!).

http://www.slate.com/id/2193935/

Redistricting Initiative Qualifies - California Voters First Act

Posted by Terry at 12:30 pm .
Filed under: Republican Party, California Politics, Schwarzenegger

BREAKING NEWS!!!  The redistricting initiative, California Voters First Act (CVF), has qualified for the fall ballot.  CLICK HERE to read more about its qualification and the far-reaching bipartisan support it has from Wednesday’s San Francisco Chronicle.

This will get a lot of attention this November — especially positive attention from moderate GOPers and negative attention from Dems.

“Limit on Marriage” Initiative :Met-News Follow Up Article

Posted by Kevin Norte at 9:54 am .
Filed under: Gay Rights, California Politics, Marriage

magic8ball.jpgTHE LEGAL COMMUNITY

Election Law: How One Legally Might Remove a Ballot Initiative Prior to an Election

More on the Revision versus Amendment Analysis

Same-Gender Marraige and The Friday Morning Quarterback

Posted by Kevin Norte at 7:48 am .
Filed under: Gay Rights, California Politics, Marriage

I pulled this excerpt out of an article that ran in the June 20 Sacramento Bee (see my comment below):

In Sacramento County , about 170 couples took out marriage licenses on Tuesday and Wednesday. Of those, at least 133 were gay or lesbian couples – based on analysis of their first names. At least 26 were presumed to be heterosexual couples.

For about a dozen of the licenses – with all due respect to Dusty and Robye – it was anybody’s guess which gender the couples were.

This guessing game is the result of the state Supreme Court’s May 15 decision that made same-sex marriage legal, effective Monday. Under the ruling, the California Department of Health, whose vital records office maintains marriage forms, did away with all terms identifying gender.

Instead of “bride” and “groom,” those tying the knot are now simply referred to as “Party A” and “Party B.”

“The data geek in me is absolutely frustrated that we can’t actually determine how many same-sex couples get married,” said UCLA’s Gates. “Yet the other side of me totally gets it, that marriage is just marriage.”

“No big deal,” said Ward Connerly, the former University of California regent who has no use for boxes that categorize people.

Connerly led a failed 2003 crusade for a “racial privacy” initiative to strip racial identifiers from all government forms.

He has the same objection to the notion of collecting data on gender. “I don’t know why the government needs to gather that information,” Connerly said.

He plans to vote against the November ballot measure that would amend the state constitution to ban same-sex marriage.

“I don’t think the government needs to know,” he said. “I don’t know why the public needs to know. It’s not their life, it’s not their business.”

Comment.

Scenario: On. Nov. 4, let’s say for discussion purposes the anti-gay ballot measure that says marriage is between a man and a woman is approved by voters. At first glance, because my partner and myself are men who plan on exercising our right to bet married in Massachesutts, our marriage would be declared invalid by state of California . But, when our friends, George and Brad filled their our marriage license application in West Hollywood on Tuesday, George filled out Party A section and Brad filled out Party B section. Nowhere on the form did they say they were men, or did they say they were women, for that matter. So, if the government on Nov. 5 sends them a letter saying therr marriage is no longer valid, how does it know they are men?  How would the state know to onform Don and myself  that we are no longer married, especaily if we re-deed our home as maried men?  Wouldn’t it be a witch hunt for the government on Nov. 5 to start demanding that those who married using the Party A/Party B forms declare their genders? Or as to out of state marriaed refuse to do so?  What if all of use refused to declare our genders, saying our genders are PROTECTED BY THE RIGHT TO PRIVACY THAT WAS NOT AMENDED and therefore not any business of the government? Well, I could go on and on. Even man/woman couples beginning on Tuesday are now filling out Party A and Party B — no longer, bride and groom.

June 15, 2008

Washington Post: California Could Become Gay Marriage’s Vietnam

Posted by Kevin Norte at 10:10 am .
Filed under: National Politics, Gay Rights, California Politics, Marriage

magic8ball.jpgAccording to “The New ‘I Do’:The Way We’re Handling It Is Pretty Half-Baked” by Joe Mathews in the Sunday, June 15, 2008 edition of the Washington Post, “For gay couples and their supporters, California could become an expensive, time-consuming quagmire — gay marriage’s Vietnam.”

INTERESTING AND THOUGHT PROVOKING

June 13, 2008

Sign A Petition to Encourage National Equal Rights for Same-Sex Marriage

Posted by Mark Martin at 2:48 pm .
Filed under: Miscellany

Here is a link to a petition which you can sign to encourage both Senators Obama and McCain to consider marriage equality on a national level:

 http://www.thepetitionsite.com/takeaction/301498927?z00m=15418992

 Good Luck!

 

Vote No- - The Initiative is a LIE: -The Analysis Will Make No Sense By Election Day

Posted by Kevin Norte at 6:59 am .
Filed under: Gay Rights, California Politics, Marriage

·         Limit on Marriage. Constitutional Amendment.
Summary Date: 11/29/07 Qualified: 06/02/08 Signatures Required: 694,354
Proponents: Dennis Hollingsworth, Gail J. Knight, Martin F. Gutierrez, Hak-Shing William Tam, and Mark A. Jansson c/o Andrew Pugno (916) 608-3065
Amends the California Constitution to provide that only marriage between a man and a woman is valid or recognized in California. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: The measure would have no fiscal effect on state or local governments. This is because there would be no change to the manner in which marriages are currently recognized by the state. (Initiative 07-0068.)
(Full Text)
SECTION I. Title
This measure shall be known and may be cited as the “California Marriage Protection Act.”
SECTION 2. Article I. Section7.5 is added to the California Constitution to read:
Sec. 7.5. Only marriage between a man and a woman is valid or recognized in California.

IT IS A LIE BECAUSE-The petition was circulated when the anti-gay groups KNEW the marriage issue was in the Courts prior to ther submission to the SOS and Legal Analyst and FAILED TO DISCLOSE IT.  THE INTENTIONAL MISLEAD SIGNERS OF THE PETITION.  The knew the law was in a state of flux.

IT IS A LIE BECAUSE-The circulated petition is deceptive.  Iit claims “no fiscal impact” and “no change to California’s marriage laws.” It was true duing the signatue gathering drive but the anti-gay forces knew that the Court was considering the question of whether to extend mariage to opposit-gender couples under the CA Constitution.  Ergo, they also knew that this legal assessment by the Attorney General’s office amd the fiscal analysis by the Legislative Analyst might be substantially different sometime prior to the election.  Nevertheless the anti-gay forces contiued in their signature-gathering drive and misrepresentation of the possible fiscal and legal impact of the measure.

June 11, 2008

California GOP: The Queer Enablers of Gay Marriage

Posted by Terry at 9:27 pm .
Filed under: Gay Rights, Republican Party, California Politics, What Do You Think?, Marriage
By PATRICK RANGE MCDONALD AND MATTHEW FLEISCHER
Wednesday, May 21, 2008 - 6:59 pm

LA Weekly

Log Cabin is busy making preparations for the Republican National Convention

Minneapolis – St. Paul on September 1 – 4.

Are you going to the convention as a delegate or alternate delegate?  We are keeping a list of openly gay & lesbian delegates and alternate delegates.  Please let us know if you are a delegate or alternate so we can make sure not to leave anyone out.  jlasalvia@logcabin.org

We are hosting several events, including the Log Cabin Republicans  Big Tent Event  on Tuesday, September 2.  Please let us know if you are planning to be in Minneapolis – St. Paul for the convention, so that we can make sure you receive invitations to Log Cabin’s events.*  For more information please contact Jimmy LaSalvia jlasalvia@logcabin.org

Sponsorships are still available!  You can be a part of the action in the Twin Cities.  Sign on as a sponsor of Log Cabin’s convention activities.*  For more information about sponsorship levels please contact John Sinovic jsinovic@logcabin.org

 

*Space is limited for all events.  Sponsors receive first priority for ticketing and seating.  

HRC takes stand against McCain - Log Cabin to decide on endorsement soon

Posted by Terry at 9:01 pm .
Filed under: National Politics, Republican Party, What Do You Think?, Washington Politics

Deb Price ponders Log Cabin’s options… 

Gay & Lesbian Leadership SmartBrief | 06/10/2008

The Human Rights Campaign’s “high-stakes strategy” to stop John McCain’s election — a strategy that includes a video warning of the potential of “four more years of anti-gay policy in the White House” — could lead to a gay-community schism if Log Cabin Republicans decide to endorse the Arizona senator, according to columnist Deb Price. However, Log Cabin, which withheld its endorsement from President George W. Bush in 2004, would likely do the same with McCain if he were to choose an anti-gay running mate such as Mitt Romney or Mike Huckabee or throw his support behind anti-gay amendments pending in California and Florida, Price writes. Detroit News, The (06/09)

http://www.smartbrief.com/news/lgbt/storyDetails.jsp?issueid=E0F6323C-3642-4A93-B390-CD5639F3BA85&copyid=7046C850-D2A4-47C0-9CC1-29539F4F06E3

Log Cabin will likely make an endorsment decision before the Republican National Convention.  What do you think?  Should Log Cabin endorse without conditions?

Dems FAIL to Change DADT

Posted by Terry at 8:58 pm .
Filed under: Miscellany, National Politics, Gay Rights, What Do You Think?

What have the democrats been doing about Don’t Ask, Don’t Tell?  Thanks to The Advocate…

Advocate.com

Dems Decry DADT But Fail To Change It
Democrats say the nation should be ashamed of its ban on gays serving openly in the military. So what have the Democrats done about it? Nothing, really.

It is time for Republicans to lead the charge and end the ban.

Make Change. . .Not Lawsuits (But Who Gets The Body?)

Posted by Kevin Norte at 12:46 pm .
Filed under: Gay Rights, California Politics, Marriage

I agree with the Marriage Coalition’s position that the gay and lesbian community should “Make Change and Not Lawsuits” when couples get married in California beginning on June 17th by not suing in other states to get recognition immeidately and to work on one’s family, friends, and co-workers to accept the concept. But that is as far as my support goes if anyone is forced up against a wall in a horrible situtation.

BUT, I asked myself “So who gets the body?” as I read the Los Angeles Times article (06/11/08) entitled “Gay pairs are urged not to sue” because “Legal actions to make the U.S. or other states recognize California marriages could backfire, groups say.”
As a US Citizen with a same gender fiancee, and a Constitutionally guaranteed “Right to Travel”, we will be married very soon in Provincetown.  We also happen to travel a lot and already have plans to be in Seattle, WA; NY; NJ; Chicago, IL; Washington, DC; and Florida within the next year.  Considering the amount of travelling we do, I am taken back by the fact that we are being asked not to sue by our “leaders”.  But they must be failing to recognize the realities of the Post-June 17th world.  The Press Release states, “Right now, we need to choose the courts and legislatures where we have the best chance of winning. . .”  The press relese went on to state, “And in a state with a law against honoring marraiges of the same-sex couples, suing a private employer or other institution that isn’t a part of the government over its refusal to honor your marriage is almost a really bad idea.  They don’t make the law, so they are likely to seem like an innocent bystander to many juries and judges.  That makes the odds of winning even more remote.”
While I have no intentions on suing anywhere, if my soon to be husband or myself have a medical emergency while traveling or God forbid, one of us is killed, do our esteemed leaders expect us not to sue to enforce our rights as to medical insurance, visitation, or even to have our loved one’s remains released to us.  To listen to them without question my involve personal bankruptcy if the scenario is played out to a horrible conclusion.
I am aware that the legal realities might not be on our side, but I will fight if tragedy occurs.  I expect many other same gender married couples in California would do the same.  I am not a victim and I do not intend to play one while on vacation and keep my mouth shut if my husband is laying in a hospital room all alone or if his body is lying in on a slab at the morgue, just for the sake of the movement.  My soon to be husband has his dignity and I have my dignity.  If it comes to that, our dignity trumps any request by our leaders “urge not to sue.”

June 4, 2008

Carl DeMaio Wins - San Diego Councilman

Posted by Terry at 7:00 pm .
Filed under: Gay Rights, Republican Party, California Politics, Log Cabin News
   

As if we needed more proof that rank-and-file California Republicans are ready to move beyond the issue of sexual orientation in favor of true conservative values, today we can congratulate Carl DeMaio on his election to the San Diego City Council.Winning by a landslide 66.5%, DeMaio is an openly gay conservative who ran on a platform of fiscal responsibility and ethical government.  We’re sure DeMaio will be a great help to Log Cabin ally, San Diego Mayor Jerry Sanders.Click here to see the video that launched this successful campaign, and once again, congratulations Carl – good luck! 

Another Historic Victory in the Struggle For Fairness In Marriage

Posted by Kevin Norte at 11:07 am .
Filed under: Gay Rights, California Politics, Marriage

Breaking news regarding the In re marriage Cases ruling: the California Supreme Court has denied the motion to stay the court’s decision permitting same gender marriage. This means that in just 10 days gays and lesbians will be free to legally be married in California and elsewhere (where recognized).

Much to the chagrin of traditional marriage advocates who would suffer no injury when we get married and the many states with constitutional marriage amendments (who have no claim to how our state’s basic framework set forth in the Constitution works interacts with its people) desparetly petitioned our state’s highest court to stay their marriage decision until November when voters will decide on the “Limit on Marriage” initiative (which just qualified yesterday).

Fortunately, the court has once again decided in the best interest of California.

Unfortunately if the “Limit on Marriage” initiaive passes in November, it will prompt a whole slew of new lawsuits against the state as gays and lesbians married prior to Novmeber will find their relationships in legal limbo.

With today’s ruling, it has become obvious that the Supreme Court is fully aware that Focus on Family and Company would rather impose their religious views on citizens than truly consider the long-term impact of the imposing reliegious views as to who should and who should not be able to obtain a CIVIL RIGHT.

But for today, this is yet another bright spot in the battle fairness, liberty, and justice for all.

And in closing, I ask a simple but mighty favor and that is that you do your best you can   do by participating the this historical process to have true equal rights under the laws of California.

Thank you for reading.

A Brief Summary: In re Marriage Cases

Posted by Kevin Norte at 10:11 am .
Filed under: Gay Rights, California Politics, Marriage

In a coordinated proceeding, the trial court ruled in favor of plaintiffs, challengers to California’s marriage statutes, and against defendant proponents, holding that the statutes violated the California Constitution insofar as they limited marriage to opposite-sex couples. The Court of Appeal of California reversed the trial court’s ruling on the constitutional issue. The California Supreme Court granted further review.

The court held that Fam Code §§ 300 and 308.5, were unconstitutional insofar as their provisions drew a distinction between opposite-sex couples and same-sex couples and excluded the latter from access to the designation of marriage. The right to marry, as embodied in Cal.Const. art. I §§ 1 & 7, guaranteed same-sex couples the same substantive constitutional rights as opposite-sex couples, including the right to choose one’s life partner. The statutes posed a serious risk of denying the official family relationship of same-sex couples equal dignity and respect, a core element of the fundamental right to marry. The statutes also violated California’s Equal Protection Clause. In finding that sexual orientation was a suspect classification, the court explained that immutability was not invariably required; rather, the most important factors were historically invidious and prejudicial treatment and a current recognition by society that the characteristic in question generally had no relationship to the ability to perform or contribute to society. The state interest in limiting the designation of marriage exclusively to opposite-sex couples was not a compelling state interest.

The court reversed the judgment of the court of appeal and remanded the matter to that court for further action. The challengers were entitled to the issuance of a writ of mandate directing the appropriate state officials to take all actions necessary to effectuate the ruling.

June 3, 2008

So What Happens Now???

Posted by Kevin Norte at 5:26 am .
Filed under: Gay Rights, California Politics, Marriage

Randy Thomasson and Larry Bowler’s Constitutional Amendment to ban domestic partnerships is in the “raw count stage” but I have been told that this is procedural and insufficient signatures have been submited.  If it had enough raw signatures, the next step would have been to do a random sample for signature verifications, the that is extremely unlikely. 

Thus, there may be two measures on the ballot instead of just the
one to ban gay marriage.

Neverthless, I wrote an opinion piece discussing whether the “Limit On Marriage” initiative was flawed because it amounted to a Constitutional Revision and Not a Constitutional Amendment and therfore subject to pre-election removal from the ballot.

My personal beliefs are that I would like to see a win on the ballot in order to drive a stake through the heart of the anti- same gender marriage foes.  I know it will be had for same gender parent familes to watch the demeaning commercials on TV or the radio but think of it as a lerning lesson in the battle for civil rights.

My legal position is not waived and can be raised post election too.  At that time flaws in the face of the initiatve (which I would rather not get into), can also be raised.  Therefore, if the voters approve of it, we have, what I call, “NUCLEAR OPTION.”

We should rally around the anti-inititve forces and for those couples who it is appropriate, get married and show the fiscal impact we have (that was never addressed in the inititave and is now too late).

If we lose at the ballot box, and win in Court, every year some homophobic member of the legislature will submit a Initiative to the Legislature.  If there is a 2/3rds vote in favor of placing it on the ballot, it can proceed and be voted on by the people by a simple majority vote.  Since some polling suggest that a majority support marriage, I predict that it will go down in defeat but we will still be used as a political device until we send SACRAMENTO A CLEAR MESSAGE: CALIFORNIANS BELIEVE THAT ALL ADULT CALIFORNIANS HAVE THE RIGHT TO MARRY.  PERIOD!!!

May 31, 2008

Code Pink Republican - Len Lanzi - Mailer

Posted by Terry at 7:22 am .
Filed under: Gay Rights, California Politics, Log Cabin News, Log Cabin Members, Marriage

Code Pink

Will a mailing done by opponents of Len Lanzi hurt or help his campaign for State Senate?  Over $6000 was spent to send out a mailer to voters in this district.  Will voters be swayed?  The mailers charaterize Len Lanzi as a “Code Pink Republican”, supported by Log Cabin Republicans.  The reverse side says that his opponent is a “Red, white and blue Republican”.