Category Archives: Equal rights under the law
Its about one of the most basic of human emotions: The ability to love and be loved by another human being, and declare that love in a ceremony that is legally binding. As it was written quite succinctly by the Judge in his ruling, filched from TPM:
“Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians,”
The judge, Vaughn Walker, who has now been threatened, ruled Tuesday that the worthless bastards who created and pushed California’s Prop 8. did so unconstitutionally. From his over 100 page ruling:
Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.
In the absence of a rational basis, what remains of proponents’ case is an inference, amply supported by evidence in the record, that Proposition 8 was premised on the belief that same-sex couples simply are not as good as opposite-sex couples. FF 78-80. Whether that belief is based on moral disapproval of homosexuality, animus towards gays and lesbians or simply a belief that a relationship between a man and a woman is inherently better than a relationship between two men or two women, this belief is not a proper basis on which to legislate.
The arguments surrounding Proposition 8 raise a question similar to that addressed in Lawrence, when the Court asked whether a majority of citizens could use the power of the state to enforce “profound and deep convictions accepted as ethical and moral principles” through the criminal code. … The question here is whether California voters can enforce those same principles through regulation of marriage licenses. They cannot. California’s obligation is to treat its citizens equally, not to “mandate [its] own moral code.”
It was a joyous moment here at my house when the ruling was released. The real only beautiful thing in an otherwise shitty day. But it was wonderful and made me dance a gentle happy dance, even with my screwed up, fucked up back killing me so bad I was doped up to my brown eyes all day…hell, even now.
I called a friend Karen, who wasn’t home, to tell her of the joyous event..I left a rambling, dumb-assed message about it on her answering machine. I hope she doesn’t think I was drunk..I was just on pain pills dear woman.
The Nevada Assembly on Sunday approved a same-sex partnership law, overriding the governor’s veto by a 28-14 vote [roll call vote]. The measure, passed in the state senate a day earlier by the requisite two-thirds vote, seeks to give same-sex partners the same rights, protections, and benefits as are given to spouses. The rights afforded to domestic partners include property rights, mutual responsibility for debts, rights with respect to children, and the right to seek financial support if the partnership ends. While the legislation specifies that a legal union under the law does not constitute a marriage under the Nevada Constitution [text], the law provides legal protection for same-sex marriages or unions from other states. Governor Jim Gibbons vetoed the bill on the grounds that the voters of Nevada previously passed a constitutional amendment specifying that the rights of marriage should only apply to married couples, reasoning that only the voters should determine if domestic partners are granted such rights. Gibbons also reasoned that the privileges sought by the bill could be achieved with private contracts.
Some good news on the equality front…or is it just separate but equal?
And from Dawn I filched this great friggin video..watch it!
Traditions..not all are worth keeping:
Irony Alert: They faced off against each other in Gore v Bush. Now, they are teaming up to fight the hatred and the Prop 8 freaks. From the MercuryNews:
Two of the nation’s top litigators who opposed each other in the Bush v. Gore election challenge in 2000 have joined forces to seek federal court intervention in California’s gay marriage controversy.
Theodore B. Olson and David Boies have filed a U.S. District Court lawsuit on behalf of two gay men and two gay women, arguing that the California constitutional amendment eliminating the right of gay couples to marry violates the U.S. constitutional guarantee of equal protection and due process.
Olson said today that he hopes the case will wind up before the U.S. Supreme Court.
The lawsuit seeks a preliminary injunction against California’s Proposition 8 until the case is resolved.
It has to go all the way to SCOTUS. The haters and homophobes can’t win this..
From the NYT:
The State Department will offer equal benefits and protections to same-sex partners of American diplomats, according to an internal memorandum Secretary of State Hillary Rodham Clinton sent last week to an association of gay and lesbian Foreign Service officers.
Wow wee, the federal government can recognize the rights of LGBT’s but the military can not? WTF? Here is what Hillary had to say about the changes in State Department policy, from the same NYT article:
“Like all families, our Foreign Service families come in different configurations; all are part of the common fabric of our post communities abroad,” Mrs. Clinton said in the memorandum, a copy of which was provided to The New York Times by a member of the gay and lesbian association.
“At bottom,” she said, “the department will provide these benefits for both opposite-sex and same-sex partners because it is the right thing to do.”
Of course it’s the right thing to do..why in the blue hell can’t the rest of the federal government and the military see that?
Good on ya Hillary..thanks for making the change. Now, pressure the rest of the departments and the military minds to do the same thing.
Go read this please. It is a beautiful yet gut-wrenching story of good people in Maine trying to level the playing field when it comes to LGBT equality in all things important to humans.
There are pictures and a video. The turnout was awesome. But the homophobics turned out as well and I couldn’t believe the shit they spewed in a public forum.
It saddens and angers me that people are so fucked up in this day and age.
Please show Dawn some love and support, she deserves our support in her fight.