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California’s Prop 8 Fight

We know for many that the Prop 8 decision in California is a very hurtful blow to their core, but we are of the mind that this ruling because of the prop 8 sensationalism going through the media, that it will push our country toward equality rather than away from it.  Since the ruling there has already been action to take the decision to the supreme court of  the United States the highest court in our land.  Wouldnt it be a great day if the backlash from the the vote and subsequent rulling bring about equality across the United States?

According to the AP there has been a lawsuit brought by two prominent lawyers to the Supreme Court of the United States.

SAN FRANCISCO (AP)

A day after the California Supreme Court upheld a voter-approved ban on gay marriage, the American Civil Liberties Union, Lambda Legal and other national organizations issued a statement saying they think the U.S. Supreme Court is not ready to rule in their favor on the issue.

“In our view, the best way to win marriage equality nationally is to continue working state by state, not to bring premature federal challenges that pose a very high risk of setting a negative U.S. Supreme Court precedent,” said Shannon Minter, legal director of National Center for Lesbian Rights.

On Tuesday, lawyers Theodore B. Olson and David Boies, who represented opposing sides in the 2000 Bush v. Gore election challenge, announced they had filed a lawsuit in federal court on behalf of two gay men and two gay women.

Their case argues that California’s voter-enacted ban on same-sex marriage, known as Proposition 8, violates the U.S. Constitution’s guarantee of equal protection and due process.

Olson said he hopes the suit, which seeks a preliminary injunction against the California measure until the case is resolved, will wind up before the U.S. Supreme Court.

A favorable ruling there would allow gays and lesbians to get married in every state, just as the court’s 1967 ruling in a Virginia case outlawed prohibitions on interracial marriage.

We are unsure if we should be hopeful or worried.

Nevada and Domestic Partnership

In another equality state battle; Nevada’s Gov. Jim Gibbons vetoed a bill that would have given many of the rights of married couples to domestic partners weather gay or straight. In a statement, Gibbons was quoted as saying about Senate Bill 283

“I believe that the voters have determined that the rights of marriage should apply only to married couples, only the voters should determine whether those rights equally apply to domestic partners,”

This is yet another instance of the majority ruling on the rights of minority.

Pennsylvania and Marriage

Sen. Daylin Leach, D-Delaware/Montgomery, announced Wednesday that he plans to introduce a bill that would offer full and equal marriage rights to same-sex couples in the state.

Under this new legislation, Pennsylvania would also recognize same-sex marriages conducted in other states.

This bill would allow religious institutions (I.E. Churches) to opt out and not recognize the unions.

Earlier this month, Republican state Sen. John Eichelberger filed a bill to amend the state constitution to limit marriage to opposite-sex couples.

Lets see who wins out in this state. It may not matter if the lawsuit resulting from Prop 8 is successful.

New Hampshire and Marriage

On the Marriage legislation front that is sweeping the New England states New Hampshire’s Gov. John Lynch recently received a bill that would have made New Hampshire the 6th state in the United States to institute marriage equality for GLBT people. After the measure passed the state’s House of Representatives and the state Senate Gov Lynch sent it back with his own addendum’s that would have protected churches from litigation for refusing marriages. In a Statement released on the state website the Gov is quoted as saying;

“Two years ago, we passed civil unions legislation here in New Hampshire. That law gave same-sex couples in civil unions the same rights and protections as marriage. And in typical New Hampshire fashion, the people of this state embraced civil unions and agreed we needed to continue our tradition of opposing discrimination.

“At its core, HB 436 simply changes the term ‘civil union’ to ‘civil marriage.’ Given the cultural, historical and religious significance of the word marriage, this is a meaningful change.”

“I have heard, and I understand, the very real feelings of same-sex couples that a separate system is not an equal system. That a civil law that differentiates between their committed relationships and those of heterosexual couples undermines both their dignity and the legitimacy of their families.”

“I have also heard, and I understand, the concerns of our citizens who have equally deep feelings and genuine religious beliefs about marriage. They fear that this legislation would interfere with the ability of religious groups to freely practice their faiths.”

We are of the belief that on this issue the gov is right! Yes that is right we said he is right, but hear us out; The Gov is not about squashing our rights to be married like everyone else, he was only coming up with a compromise to give us the rights and responsibilities but to let the churches know that it is OK that they refuse a couple. Lets face it refusal of marriage within a church happens every day.

Catholics have priests who will refuse a wedding because one or the other of the couples in question is either not a Catholic or a non practicing member in good standing of the Catholic faith, or they had been married and divorced. Many Baptist churches will refuse a wedding because they feel the couple is not ready after marriage counseling, or they feel the couple should not marry because of past issues such as this being a second marriage. We wont even address all the other faiths that refuse weddings for whatever reason, but out of all of these refusals none of the couples feel they have a right to sue. Why you may ask? Because it is historically the churches right to refuse to marry someone, so if we want equal treatment why wouldn’t we be lumped in with all the adulterers, divorcee’s, and whomever else gets refused?

Besides do you really want to be married by a person who hates your very existence? Come on people some common sense here! There are plenty of MCC churches or UU churches that will marry us at the drop of a hat, so why do we need to be married in a church that refuses?

American Idol, Kris WINS Adam’s SCAMMED!

Now on to a sort of lighter subject, American Idol and the controversy that has ensued between Adam Lambert’s loss and Kris Allan’s win. From what we are reading everywhere one of the corporate sponsors of American Idol had been in AR for the finals viewing party for Kris Allan and given out a number of cell phones and taught the crowd how to power text to vote for Kris Allan, something against the rules of the competition.  There was no free text service or cell phones offered to Adam Lambert fans at his viewing party making this even more suspect. A spokesperson from ATT was quoted as saying;

“In Arkansas, we were invited to attend the local watch parties organized by the community. A few local employees brought a small number of demo phones with them and provided texting tutorials to those who were interested.”

Hmmm Still sounds fishy to us but then the American Idol people haven’t spoken yet so who knows what the outcome of this one will be. But do we really believe that American Idol would have an out gay man as their winner? Do we remember Clay Aiken? Oh or what about So you think you can dance and their comments. That is the way people think in the majority so why wouldn’t the media play off of it?

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7 Comments to “Prop 8 decision, Nevada Domestic Partnership, NH’s Gov’s requests, American Idol fraud”

  1. Jeff says:

    Your comments on Governor Lynch’s changes to the marriage equality law are correct, as far as they go. But Lynch’s language goes beyond marriage ceremonies. Indeed, churches and church-affiliated non-profit entities may refuse to recognize marriages between people of the same sex for the purposes of insurance, family memberships, employment benefits, and any other context in which marriage is a criterion.

    Is that a reasonable compromise in order to achieve civil marriage equality? I believe it is. It will then be up to our advocates to convince churches–one congregation at a time if necessary–not to discriminate. But some members of the New Hampshire House disagree and they do not want to write discrimination of any sort into the law.

    I hope that helps clarify the debate.

  2. Jeff,
    Thank you for your comment and yes this does clear up the issue for NH on our end. We do agree that the advocates should work together to change the hearts and minds of the churches at a later date.
    H&W

  3. Shawn says:

    With respect to Jeff, I disagree with his analysis. For a legal analysis by a well-known law school professor in this, read: http://volokh.com/posts/1242348294.shtml

    The requested amendment is a real twist of legalese, which makes it hard to read. All of that mumbo-jumbo is tied to this short yet important phrase “…related to the solemnization of a marriage, the celebration of a marriage, or the promotion of marriage…”

    What it says, in short, is that they DO have to recognize your marriage for insurance and everything else. They DO NOT have to rent you their hall, their honeymoon suite, bake your cake, or arrange your flowers for anything to do with your wedding or honeymoon. Selling you insurance or recognizing your medial rights over your legal spouse does not promote your marriage, it simply uses the rights and responsibilities of it.

    Most of what’s in there, by the way, is actually de facto law for heterosexual couples too. (re: Catholics, Mormons, etc) But don’t leak that out! We want the religious folks to think they’re getting a deal.

    The text of the actual amendment:

    “Notwithstanding any other provision of law, a religious organization, association, or society, or any individual who is managed, directed, or supervised by or in conjunction with a religious organization, association or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, shall not be required to provide services, accommodations, advantages, facilities, goods or privileges to an individual if such request for such services, accommodations, advantages, facilities, goods or privileges is related to the solemnization of a marriage, the celebration of a marriage, or the promotion of marriage through religious counseling, programs, courses, retreats, or housing designated for married individuals, and such solemnization, celebration, or promotion of marriage is in violation of their religious beliefs and faith. Any refusal to provide services, accommodations, advantages, facilities, goods or privileges in accordance with this section shall not create any civil claim or cause of action or result in any state action to penalize or withhold benefits from such religious organization, association or society, or any individual who is managed, directed, or supervised by or in conjunction with a religious organization, association or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society.”

  4. Shawn,
    Thank you so much for sharing this, it is important that we not only discuss these decisions and proposed laws it is important that we also understand them because they affect us as a community.

  5. Jeff says:

    Sean,

    Unfortunately, you posted only part of HB473. Here is the other critical piece:

    IV. The marriage laws of this state shall not be construed to affect the ability of a fraternal benefit society to determine the admission of members pursuant to RSA 418:5, and shall not require a fraternal benefit society that has been established and is operating for charitable and educational purposes and which is operated, supervised, or controlled by or in connection with a religious organization to provide insurance benefits to any person if to do so would violate the fraternal benefit society’s free exercise of religion as guaranteed by the First Amendment of the United States Constitution and part I, article 5 of the New Hampshire constitution.

    http://www.gencourt.state.nh.u.....B0073.html

  6. GarykPatton says:

    Hi! I like your srticle and I would like very much to read some more information on this issue. Will you post some more?

  7. LeraJenkins says:

    What nice message

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