Tag Archives: Gay marriage

Gay Marriage: One of these days, it will happen

Nothing really new here.  This report that was publicized all over the place just studied a bunch of old Field polls, looking at the trend lines and cross tabs.  But nonetheless, this is good news:

More receptive attitudes among younger Californians are a key reason why state residents increasingly accept the idea of allowing gay couples to wed, according to an analysis of 20 years’ worth of polling data released today.

While more Californians still oppose same-sex marriage than support it, the margin is closing fast and approaching an even split. Last year, 50 percent of state residents were opposed and 43 percent approved, the analysis of Field Poll data concluded. In 1985, 30 percent were supportive.(SJ Merc 3/8/07)

Somewhere in Colorado, James Dobson’s head is exploding.

Chuck DeVore: California’s Santorum

One of the first items of business for the California legislature upon being sworn in yesterday was to reintroduce the gay marriage legalization bill which passed through both houses last year, only to be vetoed by the Governor.  Writing on the OC Blog, Assemblyman Chuck DeVore decided to add a new argument to the gay marriage debate: it would embolden NAMBLA!

Mr. (Mark) Leno’s bill hopelessly blurs the line of traditional marriage to the point that under the equal protection provisions of the Fourteenth Amendment as applied to the First Amendment, we might see a devout Saudi Arabian immigrant suing under religious discrimination reasons to allow him to have four wives in California.  Or, we could see NAMBLA (North American Man-Boy Love Association) suing to lower the age of consent to allow relationships between adult males and boys.  After all, if marriage is no longer marriage, then anything goes.  I do not dispute that two people can love each other and care for each other, but marriage has been defined by thousands of years of tradition and experience.  The Legislature ought not to take a step down this slippery slope.

This is the man-on-dog, man-on-box turtle, slippery-slope, “please save me from marrying my pet” argument made popular by noted maniac Rick Santorum.  The idea that homosexuals are essentially on the same side of the dividing line as child molestors is outrageous.  The only people who seem to think deeply about how “anything goes” if gay marriage were to be allowed are conservative legislators.  Exactly what is it in their makeup that makes them so afraid of their capacity to be perverse?  Hmm, maybe I’ve answered my own question.

more on the flip…

The truth is that the world is coming to an understanding that two people who love one another should be accorded all the abilities to publicly express that love, as well as the social and financial benefits therein.

Last month, South Africa joined the Netherlands, Belgium, Canada and Spain in opening civil marriage to same-sex couples, allowing them equal economic benefits, legal rights and social status as families. The law, passed by an astounding 230-41 margin in Parliament, was in response to an equally notable unanimous decision last year by the South African Constitutional Court. It ruled that the post-apartheid constitution ensures the dignity and equality of all people – and that includes lesbian and gay couples wishing to affirm their love and commitment through civil marriage.

Days afterward, when faced with five Israeli lesbian and gay couples who had married in Canada, Israel’s Supreme Court ruled that the government is required to officially register them as they would any other foreign marriage […]

Denmark in 1989 became the first nation to legally recognize same-sex relationships, and Norway, Sweden, Iceland and Finland swiftly followed that lead. Much of Europe, including France, Germany, Portugal and Hungary, now recognizes same-sex partnerships for a range of purposes, including inheritance, property and social-benefits rights. Countries in formerly communist blocs – the Czech Republic and Slovenia – recognize partnerships, and Croatia has extended some economic benefits to same-sex couples.

In September, the Senate in Uruguay voted 25 to 2 to pass a broad partnership law, positioning that country to be the first Latin American nation to extend legal rights when it is passed by the full legislature. New Zealand’s and Australia’s domestic partnership laws allow some of the most important benefits, such as immigration, inheritance and property rights. The government in Taiwan suggested a bill allowing same-sex marriage, though nothing has yet come of it. In Brazil, Argentina, Italy and Switzerland, some economic and legal rights have been extended by city and regional authorities. Just last month, Mexico City broke ground as the first government entity in that country to recognize same-sex civil unions.

Our Puritan heritage means that we’ll still have homophobes like Chuck DeVore trying to hold back the global tide of recognition for same-sex couples.  But, as Martin Luther King once said, the long arc of history bends toward justice.

Why You Should Vote No on William McGuiness

California First District Court of AppealOn Monday, I posted about a new effort that I’m working on to vote no on William McGuiness.  I’ve got a website up and going at NoMcGuiness.com.  I must say that Blogger is quite convenient for these type of things.  I wanted to cover some more on the subject, because this election, we have an opportunity to push back at the Right.  In a very real way. Well, at least if you are in the First District.

But some background on William McGuiness.  You can find a profile here.  He was appointed to the Appellate Court in 1997 by Pete Wilson after serving in the Reagan Justice Dept. and a Superior Court Judge for a long time.  Now, I don’t have any problems with his qualifications.  I think he’s very qualified.  That’s not the issue.  William McGuiness made a terrible decision in In Re Marriage Cases, a decision that says that separate but equal is jolly ok with the California Constitution.  A decision that denies equality for a substantial segment of Californians.  That is not ok.

More in the extended…

Now, I would like to interject here that I believe the judiciary should be completely  independent of the voters.  The saga of Rose Bird should not be repeated.  But that’s the problem.  The only saga of Rose Bird is the saga of Rose Bird.  Rose Bird, along with Justices Reynoso and Grodin, was attacked from the Right over her decisions on the Death Penalty.  Rose Bird had a deeply held-conviction, a conviction that the death penalty was cruel and unusual punishment under the Eighth Amendment. It’s clearly a defensible position, but the majority interfered with the judiciary.  When these three Justices were booted, our Judiciary was thrown into a tailspin.  George Deukmejian appointed three conservative Justices, including Chief Justice Malcolm Lucas, who steered the California Judiciary away from the powerful traditions of Justice Traynor.

And again the Right pushed back in 1998. Anti-choice forces decided to pick a fight with Justice Ming Chin and Chief Justice Ronald George, both Republicans. They were “disappointed” with them because both of them voted to strike down a law that required parental notification.  They both remember that.  They remember that the Right challenges them, but the Left doesn’t.  And so, where the moderates would vote their conscience, vote for what they know is right, vote for equality,  and vote for civl rights, they have to consider the reaction of the Right.

This is no way to run our Judiciary. John Marshall, our first, and some would say our greatest, Chief Justice of the U.S. Supreme Court, envisioned a Judiciary that held a real check on the legislature.  In Federalist 78, Alexander Hamilton argued that Judges need to be independent in order to resist the oppression of the representative body:

According to the plan of the convention, all judges who may be appointed by the United States are to hold their offices DURING GOOD BEHAVIOR; which is conformable to the most approved of the State constitutions and among the rest, to that of this State. Its propriety having been drawn into question by the adversaries of that plan, is no light symptom of the rage for objection, which disorders their imaginations and judgments. The standard of good behavior for the continuance in office of the judicial magistracy, is certainly one of the most valuable of the modern improvements in the practice of government. In a monarchy it is an excellent barrier to the despotism of the prince; in a republic it is a no less excellent barrier to the encroachments and oppressions of the representative body. And it is the best expedient which can be devised in any government, to secure a steady, upright, and impartial administration of the laws.

Thus, Hamilton argued, the Judiciary should be independent in order to protect the rights of the minority.  The power of judicial review is clearly countermajoratarian, but just as clearly, it is so for good reason. That the Constitution did not crumble at the time of Marbury is evidence enough that people understood that. And Alexis De Tocqueville clearly understood the oppressive power of the majority as well.  In fact, De Tocqueville argued that the majority could be more oppressive than a monarchy because the authenticity of public opinion granted more moral power than a Crown could ever grant. 

Our Judiciary needs to be independent of public opinion, free to make their own decisions.  Unfortunately, this is not the way of the California judiciary.  Here we have elections and judges are accountable to the majority, for better or worse. And, as discussed above, the Right has used this fact to dispose of Rose Bird, and to fire a warning shot across the bow of Justices in 1998.  The Right attacks the Judiciary in whatever ways they find convenient.  They have “Justice Sundays” in Washington, D.C. where they denounce “activist” judges who dare stand up for the rights of a  minority, such as Justice Kennedy in Lawrence v. Texas.  And all of this creates a Right-ward drift.  We put our faith in the Judiciary system, The Right puts a Boot in its Ass.

Thus, we need to push back.  If we continue to let the Right move the discourse, we will soon find ourselves in very uncomfortable waters.  Justice William McGuiness is only marginally more culpable in the decision in In Re Marriage Cases than Justice Parrilli, who concurred with the opinion.  McGuiness, however, actually claims authorship in this drivel(PDF). But in an independent Judiciary, that drivel would be beyond my protestations other than the appeal process. 

However, fortunately for us, Justice William McGuiness is up for election on Nov. 7.  This opportunity presents itself very rarely. By pushing this, we can send a message to all judges that they cannot sell out Equality, and the Constitution of the State of California, to appease the Right.

Vote No on McGuiness.

(Updated, b/c my first draft was pretty cursory. – promoted by SFBrianCL)

Do you remember Henry Billings Brown?  Probably not.  But you probably know about the decision that he authored in 1896.

Plessy v, Ferguson, authored by Justice Brown, upheld as constitutional a Louisiana law that required that blacks and whites be segregated on different railway cars.  This decision laid the bedrock for “separate but equal” treatment, holding that it is permissible to discriminate against people as long as each group is provided similar accommodations.  Justice Brown held that “We consider the underlying fallacy of the plaintiff’s argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the act, but solely because the colored race chooses to put that construction upon it.”

After 58 years of living with “separate but equal,” the discriminatory concept was founds unconstitutional.  In Brown v. Board of Education, Justice Earl Warren wrote that separate facilities are inherently unequal.

You also may not know the name William McGuiness.  On October 5, 2006, 110 years after Plessy v. Ferguson, Justice McGuiness wrote an equally discriminatory court decision denying same sex couples the right to marry.  Justice McGuiness wrote that “By maintaining the traditional definition of marriage while simultaneously granting legal recognition and expanded rights to same-sex relationships, the Legislature has struck a careful balance to satisfy the diverse needs and desires of Californians.”  In other words, Justice McGuiness resurrected the unconstitutional concept of “separate but equal” and uses that concept to discriminate against same sex couples.

  On November 7th, if you live in the First District**, you have a rare opportunity to tell Justice McGuiness what you think of his recent decision.  Justices stand for election only once every 12 years.  I urge you to send a strong message to Justice McGuiness.  The year is 2006, not 1896.  We have learned our lesson that separate is never equal and our Constitution mandates that courts protect minorities from discrimination.

Vote No on Justice William McGuiness for the First District Court of Appeal.  Show him that authoring discriminatory court decisions have consequences.

** The First District consists of the following twelve Northern California counties: Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Napa, San Francisco, San Mateo, Solano, and Sonoma.

My Interview With CA Assembly Candidate Rob Haswell (3)

(Rob’s a good guy, and would make a great Assemblyman. – promoted by SFBrianCL)

This is the third part of my interview with Rob Haswell, CA Assembly candidate from the 4th district which stretches from the Sacramento suburbs to Lake Tahoe, for my local blog Turn Tahoe Blue.

You can read part I at Turn Tahoe Blue or the Calitics cross-post.

You can read part II at Turn Tahoe Blue or the Calitics cross-post.

In this part Rob talks about the most pressing issues for the 4th district, preserving Lake Tahoe and gay marriage.

Is there a difference in the concerns of voters in your district between the more rural areas and small towns and the suburbs of Sacramento? What are the most pressing issues for voters in the 4th Assembly District?

  I’m not sure the concerns are all that different. It seems most of the voters from the Sacramento valley towns of Antelope, and Rio Linda, to Roseville and Rocklin and up into the foothills of Sierra like Placerville and Auburn and into the Lake Tahoe Basin people are worried about their quality of life. They are concerned about traffic congestion, the encroachment of suburban sprawl, public safety, keeping the water and air clean enough to drink and breath, keeping quality public schools open and safe. I don’t think those issues are all that different from one community to another. Without question, the number one issue on people’s minds is over development. If Placer and El Dorado counties lose their status as destination spots, you can bet that’s going to negatively impact the economy.

What needs to be done to preserve Lake Tahoe in the future? What do you think you can do in the Assembly?

  First off, we need people in political office that will be advocates for Lake Tahoe. It’s highly problematic to elect officials, such as my opponent, who have taken hundreds of thousands of dollars from developers. Having grown up just a few miles from the lake, I can tell you how much I value it as a natural and recreational resource. We need to ensure that the decision making done in relationship to Lake Tahoe and its surrounding areas for the coming decades is in the service of the preservation of the lake, first and foremost. That means that development in the area must be done with great care and with a defined long-term vision for the lake.

What is your position on GLBT issues, specifically on the gay marriage vs. civil unions issue which has received some attention in California recently?

  I am a supporter of marriage equality. All people should be treated equally under the law.

Rob has also published his statement on the healthcare crisis in California over at the California Progress Report yesterday. Go over there and read it!

You can help Rob get elected. Click on the links below to get more information on Rob and check out what you can do:

Rob Haswell’s Campaign Website

Haswell Campaign Journal

Contribute to Rob Haswell!


Attention:

You can read the 4th and final part of this interview here!

Gay Marriages in the Hands of the Court of Appeal

The Court of Appeal in San Francisco heard oral arguments today for the gay marriage cases.

A state appeals court opened a momentous hearing on same-sex marriage today and focused on whether centuries of tradition are a legal justification for California’s definition of marriage as the union of a man and a woman.(SF Chron 7/10/06)

From the article, it looks like there is at least on vote in favor of gay marriage.  However, sometimes judges can be hard to read.  At any rate, the case will almost certainly go to the California Supreme Court for further review.  Any decision in this case will likely be stayed pending the Supreme Court decision.

In other related news, Randy Thomasson and his hate-posse have another “Elimination of Domestic Partnership Rights” anti-gay constitutional amendment initiative in the field.  It needs to collect about 600,000 signatures before the end of November.  Previous attempts to get a similar amendment on the ballot have failed due to lack of funding.  However, don’t underestimate the GOP’s use of this amendment to further wedge the people of California.  It’s not quite the vote-getter here as it is states like Mississippi, but it’s a tactic that’s tried and true.  I’d expect it to be on a meaningful ballot.

GAY MARRIAGE – how we get our asses kicked

(Lessons can be learned from every defeat. – promoted by SFBrianCL)

This fantastic article was written by CA-based Dem consultant Eric Jaye, an advisor to San Fran Mayor Gavin Newsom.  He’s coming at this issue from a strategic position rather than from self interest (he’s straight).  With the elections coming up it seems appropriate to recirculate, as it’s very relevant.

First the profile of Eric Jaye and then the article (feel free to skip the profile).

In our ongoing “Great Debate” series, we tackle the Dem response to gay marriage. To kick off the conversation, we asked CA-based Dem consultant Eric Jaye, an advisor to San Fran Mayor Gavin Newsom, to share what he’s learned.

— Jaye’s been on the frontlines on this issue, not just with Newsom, but also working against inits in places like OR and Topeka, KS. Jaye believes Dems are in a box because too many have tried to find a middle ground on this issue when voters don’t believe there is a middle ground.

— Jaye’s prescription: own up to being for gay marriage/civil unions. Turn it into a leadership issue, a la Pres. Bush model on other issues and gamble that there aren’t that many one-issue gay marriage voters that were somehow in the Dem camp. To some, Jaye’s advice might seem perfectly reasonable, to others, too risky of a gamble. But is the bigger problem for Dems that because the party itself is split, the public will always view the Dems as pro-gay marriage no matter what an individual says?

One of the Dem consultants whose on the frontlines on the gay marriage issue is Eric Jaye, founder of Storefront Political Media, a CA-based firm specializing in general consulting and media. His recent campaigns and clients include No on 36 in OR (a gay marriage ban), the MI Dem Party and Gavin Newsom for Mayor of San Francisco. Because gay marriage is among the cultural issues that many Dems believe is the cause of many of their problems, we thought it would be good to see what consultants and strategists are advising on this issue. We asked Jaye to share the advice he’s giving in column form.

Among the arguments Jaye makes on the gay marriage issue is that no campaign against a gay marriage ban is going to succeed if those campaigning against the ban are not making the case FOR “something else.” The something else, in his opinion, is gay marriage or civil unions. This is a topic Dems all over the country are wrestling with; we hope Jaye’s article starts a debate and we’re open to printing the responses from other strategists who are trying to figure out this issue.

A Democratic Strategy on Gay Marriage
by Eric Jaye

Last year the Democrats had numerous opportunities to stand on principle — and in doing so show they had the courage to stand for something. No opportunity was greater than the raging debate over gay marriage.

Facing an evenly divided electorate, Republican strategists surmised that victory in 2004 lay in driving turnout among their base voters. That’s why they placed attacks on gay marriage on state ballots in swing states. They believed that such a debate would drive turnout, particularly among low-turnout Christian evangelical voters.

What did the Democrats do? By and large they ducked, with poll-crafted drivel that made them seem like typical politicians, not courageous leaders.

Most voters do not yet support gay marriage – although support for equal matrimonial rights has risen dramatically in the past decade. Polls show a sharp generational divide, with the majority of voters under 40 in support of gay marriage and the majority of voters over 60 strongly opposed.

But in this day and age, most swing voters reserve more venom for vacillating politicians than they do for two gay people deciding to adopt the bourgeois convention of lifetime commitment and matrimony.

It is this disdain for vacillating politicians that allows President George Bush to take so many controversial stands yet still win elections for himself and his party. It’s called leadership and voters reward it.

On a woman’s right to choice, Iraq, environmental protection, outsourcing and Social Security – Bush is ‘wrong’ from a pollsters’ perspective. Yet, why does he still seem so right to so many voters?

Bush wins by being “wrong” because his controversial positions resonate as authentic. American voters don’t agree with him on key issues — but they tend to believe he “stands up for what he believes.” In a political landscape in which character matters more than ideology, Bush wins by seeming “real” to voters.

So while Bush seems authentic at the very moment he is pursuing a political ploy to excite his right-wing base – Democrats seem weak and untrustworthy – not just to their base supporters, but to the broad mass of swing voters.

With a few exceptions, most Democrats simply lack credibility when they say they oppose gay marriage. We have the honor of belonging to a party that has been on the forefront of the civil rights movement for more than 50 years. Most voters, in most states, expect us to stand for civil rights – even when these very same voters are taking a go-slow approach.

So who do we think we are fooling when we mumble finely nuanced positions on gay marriage? The truth is we are only fooling ourselves.

We have now survived an entire generation of poll-tested politicians and incremental politics. Finely crafted “agreement” messages, once an innovation, are now an invitation to ridicule. Not just late at night on television, but at almost any hour, we can all enjoy a good laugh at the expense of a politician who is merely reading from a poll-tested script.

So what’s the right answer when Democrats are asked, “Do you support gay marriage?” The right answer, in almost every case, is the truth. And in most cases, the truth is “Yes.”

First and foremost – by saying “Yes” we are standing for something, even when the majority of voters don’t yet support our position. And telling the truth makes us sound like real people, not like robo politicians. But more than this – by saying “Yes” we can seize political terrain that allows us to drive the debate, not duck it.

And we are finding that when we take the offensive on the issue of gay rights and gay marriage, we can make real progress. At the very least, we have a fighting chance when we stop ducking the issue of gay rights and start debating it with clear and concise language.

Along with a team of top-notch consultants, we worked on the successful campaign in 2004 to repeal Article 12 of the Cincinnati City Charter, which allowed discrimination against lesbian and gays. Just this month we helped defeat the Topeka City Question in Topeka, Kansas that would have allowed discrimination against gays. Both campaigns were played out in the context over the debate on gay marriage.

Last year, as former consultants to San Francisco Mayor Gavin Newsom, we were closely involved in presenting the “winter of love” gay marriages to the public. We were also part of the unsuccessful effort in Oregon in 2004 to defeat the attack on gay marriage.

We took away from those successes, and that failure, the belief that when it comes to gay marriage the simple truth is better than a complicated lie.

But more than that – in the long run we can’t win if we don’t debate. And let’s not fool ourselves, this debate is not going away. The Republicans put it on the agenda, and they will keep it there, particularly so long as we refuse to even articulate our own position.

Cautious Democrats should face the fact that no position on gay marriage is the weakest possible stance. Silence is read as support for gay marriage. And your silence is seen as political at best, cowardice at worst. As a party, we might not have chosen this fight. But it is here. Unilateral surrender is not a workable strategy.

And to my fellow consultants I would offer this hard-learned lesson. Anti-gay marriage amendments are being fought on the basis of gay marriage — not some “hidden flaw” or “costly consequence.” These measures are not analogous to some down-ballot initiative that we can define. Voters know what they are about — gay marriage.

In California, we found during the San Francisco gay marriage insurrection that support for gay marriage increased slightly across the state, and support for civil unions increased dramatically, after we captured the airwaves with images of couples who were absolutely unremarkable in any way other than in their desire to profess life-long love and responsibility for each other.

First in Cincinnati, and then in Topeka, we won campaigns against discrimination in part by seizing the language of morality, rather than ceding it to our opponents.

We crafted mail pieces entitled “Not Just on Sunday,” and “Daily Bread,” that took up the language of the Lord’s Prayer in defense of tolerance and equal rights every day.

We didn’t hide from the issue. We didn’t run from the moral debate. We embraced it – and won. Democrats around the country have nothing to lose, and so much to gain, from doing likewise.

Arnold’s Speech to an Irrelevant Group (Log Cabin Republicans)

Arnold CartoonArnold Schwarzenegger headlined the Log Cabin Republicans annual fundraising dinner.  This group of self-loathing gays heard Arnold deliver that they were darn close to being just as human as heterosexuals.  And they deserved most, but not all, of the rights:

Schwarzenegger spoke at a fundraiser for the Log Cabin Republicans, the first time he’s addressed a gay and lesbian audience since becoming governor. Some in the audience hailed his record on gay rights and cheered as he took the stage, chanting “Four more years!”

Critics in the audience said they wanted to hear why they should support a politician who vetoed a same-sex marriage bill and who has promised to veto another high-profile bill that would add gay and lesbian history to California’s public school curriculum. (SF Chronicle 6/30/06)

Yes, why indeed?  Is there a reason that you would support a governor who rejects your relationships?  Well, the Governator didn’t have much to say on that front:

But the governor said relatively little during the speech, mostly thanking Log Cabin members for their work and saying they were his friends and he loved them. He did address gay rights, though not directly.

“In our society, we need a higher level of understanding, not a lower one. And we need an understanding of tolerance that is stronger, not weaker,” the governor said. He never mentioned his veto of the same-sex marriage bill beyond saying that he and the group might not always agree, but they share the same values.

Ah yes, the same values, except the one about equality of our relationships.  That one…yeah he doesn’t share it so much.