The good, the bad and the maybe

SCOTUS rules in school funding, Arkansas birth certificate cases, agrees to hear appeal in Colorado wedding cake case

 

Lisa Keen | Keen News Service
lisakeen@mac.com

 

Susan Sommer with Lambda Legal

The U.S. Supreme Court took dramatic action on three LGBT-related cases today (Monday, June 26), with results that could be described as bad, good and to-be-determined.

In a 7-to-2 decision, the court said Missouri could not exclude a nonprofit school from a state program just because the school is run by a church. LGBT activists had argued the school should be denied state funding because the school exercised its religious beliefs against homosexuality and against other religions in determining which children it would exclude.

But the majority of the court, including pro-LGBT moderates Anthony Kennedy and Elena Kagan, said the state’s denying funding to a school that “would have received [a state grant] but for the fact that Trinity Lutheran is a church” violates the Free Exercise clause of the First Amendment. The decision came in Trinity Lutheran v. Comer.

Lambda Legal had submitted a brief in the case, noting that the school’s policy allows discriminating against students and parents based on sexual orientation and even based on religion. So requiring the state to provide funds to the Lutheran school would have the effect of the state supporting discrimination based on sexual orientation and religion.

“When government provides aid to religious schools and other entities, it must do so with safeguards ensuring that these institutions neither discriminate based on religion nor use the funds to inculcate religion,” Lambda’s lawyers wrote.

That was the “bad” LGBT result. The “good” came in an unsigned (per curiam or “of a court in unanimous agreement”) decision that included three dissents (Neil Gorsuch, joined by Clarence Thomas and Samuel Alito) who appeared to object only to the method of the decision, not the result. The decision reversed an opinion of the Arkansas Supreme Court that had held that a legal spouse’s name could be omitted from her child’s birth certificate if she was not the biological mother or her “husband.”

The court issued the ruling without having heard arguments in the case.

The Pavan v. Smith opinion noted, “As this Court explained in Obergefell v. Hodges, the Constitution entitles same-sex couples to civil marriage ‘on the same terms and conditions as opposite-sex couples.’” Obergefell was the 2015 decision that said states could not ban same-sex couples from obtaining marriage licenses the same as opposite-sex couples.

The Arkansas case involved two same-sex couples who used anonymous sperm donors to conceive their children. Even though the U.S. Supreme Court had in June 2015 struck down bans against same-sex couples marrying, the Arkansas health department refused to issue the children’s birth certificates with the names of both their parents. The Arkansas Supreme Court upheld that refusal.

“The Arkansas Supreme Court’s decision, we conclude, denied married same-sex couples access to the ‘constellation of benefits that the Stat[e] ha[s] linked to marriage’,” noted the U.S. Supreme Court’s decision. It noted that benefits such as birth certificates were among those the high court explicitly included in its Obergefell decision.

Susan Sommer, associate legal director for Lambda Legal, called the Pavan decision a win “for same-sex couples and their families across the nation.”

“The Arkansas Supreme Court’s decision flew in the face of Obergefell, undermining the dignity and equality of LGBT families and the government’s obligation to protect children,” said Sommer. “It was also an outlier; every other state that had considered this question got it right and ruled in favor of treating LGBT families equally. The historic ruling in Obergefell explicitly tells us that the spouses of birth parents, regardless if they are of the same sex or different sex, must be listed on the birth certificates of their children. Obergefell is crystal clear: marriage is marriage, and equal is equal. We congratulate our colleagues at National Center for Lesbian Rights on this great victory.”

Finally, the U.S. Supreme Court announced today it will review a lower court ruling in Masterpiece Cake v. Colorado, a case involving a baker who refused to sell a wedding cake to a same-sex couple, claiming it violated his religious beliefs.

Wedding cake baker Jack Phillips and his Masterpiece Cakeshop in Lakewood, Colo., agreed to sell various baked goods to a same-sex couple, but not a wedding cake. Phillips claimed his religious beliefs opposed marriage for same-sex couples.

The couple filed a complaint with the Colorado Civil Rights Division, which agreed that Phillips had violated the state law barring sexual orientation discrimination in public accommodations.

Phillips appealed through the state court system, which ruled against him. The Colorado Supreme Court refused to hear his appeal. But the Alliance Defending Freedom took the case to the U.S. Supreme Court last year.

The ADF’s petition to the high court argued that Phillips’ Christian belief “compels him to use his artistic talents to promote only messages that align with his religious beliefs.”

By ordering Phillips to create a wedding cake for a same-sex couple, says ADF, Colorado is violating the First Amendment’s guarantee of freedom of speech and “targets Phillips’ religious beliefs about marriage. … ”

James Essex, head of the ACLU’s national LGBT project, said, “The law is squarely on [the same-sex couple’s] side because when businesses are open to the public, they’re supposed to be open to everyone.”

“While the right to one’s religious beliefs is fundamental, a license to discriminate is not,” said Essex.

The case is similar to one out of New Mexico in 2013, Elane Photography v. Wilcox. In that case, the photographer, also represented by the Alliance Defending Freedom, said her religious objections to homosexuality should trump the state’s interests in eradicating discrimination against LGBT people. She said the First Amendment guarantee to freedom of speech should protect her ability to express her beliefs.

The Supreme Court declined to hear the photographer’s appeal.

The Masterpiece Cake case will likely be heard in October.

© 2017 by Keen News Service

 

 

—  Tammye Nash

The good, the bad & the ‘A-List’

These arts, cultural & sports stories defined gay Dallas in 2011

FASHIONS AND FORWARD  |  The Jean Paul Gaultier exhibit at the DMA, above, was a highlight of the arts scene in 2011, while Dirk Nowitzki’s performance in the NBA playoffs gave the Mavs their first-ever — and much deserved — world title. (Arnold Wayne Jones/Dallas Voice)

FASHIONS AND FORWARD | The Jean Paul Gaultier exhibit at the DMA, above, was a highlight of the arts scene in 2011, while Dirk Nowitzki’s performance in the NBA playoffs gave the Mavs their first-ever — and much deserved — world title. (Arnold Wayne Jones/Dallas Voice)

A lot of eyes were focused on Dallas nationally in 2011 — for good and bad — but much of what made the city a fun place last year has specific queer appeal. CULTURE The rise of the reality TV star. 2011 was the year Dallas made a big splash across everyone’s television sets — and it had nothing to do with who shot J.R. (although that’s pending). From the culinary to the conniving, queer Dallasites were big on the small screen. On the positive side were generally good portrayals of gay Texans. Leslie Ezelle almost made it all the way in The Next Design Star, while The Cake Guys’ Chad Fitzgerald is still in contention on TLC’s The Next Great Baker. Lewisville’s Ben Starr was a standout on MasterChef. On the web, Andy Stark, Debbie Forth and Brent Paxton made strides with Internet shows Bear It All, LezBeProud and The Dallas Life,respectively.

‘A’ to Z  |  ‘The A-LIst: Dallas,’ above, had its detractors, but some reality TV stars from Big D, like Chad Fitzgerald, Leslie Ezelle and Ben Starr, represented us well.

‘A’ to Z | ‘The A-LIst: Dallas,’ above, had its detractors, but some reality TV stars from Big D, like Chad Fitzgerald, Leslie Ezelle and Ben Starr, represented us well.

There were downsides, though. Drew Ginsburg served as the token gay on Bravo’s teeth-clenching Most Eligible: Dallas, and the women on Big Rich Texas seemed a bit clichéd. But none were more polarizing than the cast of Logo’s The A-List: Dallas. Whether people loved or hated it, the six 20somethings (five gays, one girl) reflected stereotypes that made people cringe. Gaultier makes Dallas his runway. The Dallas Museum of Art scored a coup, thanks to couture. The Fashion World of Jean Paul Gaultier: From the Sidewalk to the Catwalk not only featured the work of the famed designer, but was presented the designs in an innovative manner. Nothing about it was stuffy. Seeing his iconic designs in person is almost a religious experience — especially when its Madonna’s cone bra. Gaultier reminded us that art is more than paintings on a wall. (A close runner-up: The Caravaggio exhibit in Fort Worth.) The Return of Razzle Dazzle. ­­There was speculation whether Razzle Dazzle could actually renew itself after a near-decade lull, but the five-day spectacular was a hallmark during National Pride Month in June, organized by the Cedar Springs Merchant Association. The event started slowly with the wine walk but ramped up to the main event street party headlined by rapper Cazwell. Folding in the MetroBall with Deborah Cox, the dazzle had returned with high-profile entertainment and more than 10,000 in attendance on the final night. A Gathering pulled it together. TITAS executive director Charles Santos took on the daunting task of producing A Gathering, a collective of area performance arts companies, commemorating 30 years of AIDS. Groups such as the Dallas Opera, Turtle Creek Chorale and Dallas Theater Center donated their time for this one-of-a-kind show with all proceeds benefiting Dallas’ leading AIDS services organizations. And it was worth it. A stirring night of song, dance and art culminated in an approximate 1,000 in attendance and $60,000 raised for local charities. Bravo, indeed. The Bronx closed after 35 years. Cedar Springs isn’t short on its institutions, but when it lost The Bronx, the gayborhood felt a real loss. For more than three decades, the restaurant was home to many Sunday brunches and date nights in the community. We were introduced to Stephan Pyles there, and ultimately, we just always figured on it being there as part of the fabric of the Strip. A sister company to the neighboring Warwick Melrose bought the property with rumors of expansion. But as yet, the restaurant stands steadfast in its place as a reminder of all those memories that happened within its walls and on its plates.  The Omni changed the Dallas skyline. In November, The Omni Dallas hotel opened the doors to its 23-story structure and waited to fill it’s 1,000 rooms to Dallas visitors and staycationers. Connected to the Dallas Convention Center, the ultra-modern hotel is expected to increase the city’s convention business which has the Dallas Visitors and Conventions Bureau salivating — as they should. The hotel brought modern flair to a booming Downtown and inside was no different. With quality eateries and a healthy collection of art, including some by gay artists Cathey Miller and Ted Kincaid, the Omni quickly became a go-to spot for those even from Dallas. SPORTS The Super Bowl came to town. Although seeing the Cowboys make Super Bowl XLV would have been nice for locals, the event itself caused a major stir, both good and bad. Ticketing issues caused a commotion with some disgruntled buyers and Jerry Jones got a bad rap for some disorganization surrounding the game. But the world’s eyes were on North Texas as not only the game was of a galactic measure, but the celebs were too. From Kardashians to Ke$ha to Kevin Costner, parties and concerts flooded the city and the streets. The gays even got in on the action. Despite crummy weather, the Super Street Party was billed as the “world’s first ever gay Super Bowl party.” The ice and snow had cleared out and the gays came out, (and went back in to the warmer clubs) to get their football on. The XLV Party at the Cotton Bowl included a misguided gay night with acts such as Village People, Lady Bunny and Cazwell that was ultimately canceled. The Mavericks won big. The Mavs are like the boyfriend you can’t let go of because you see how much potential there is despite his shortcomings. After making the playoffs with some just-misses, the team pulled through to win against championship rivals, Miami Heat, who beat them in 2006. In June, the team cooled the Heat in six games, taking home its first NBA Championship, with Dirk Nowitzki appropriately being named MVP. The Rangers gave us faith. Pro sports ruled big in these parts. The Mavericks got us in the mood for championships and the Texas Rangers almost pulled off a victory in the World Series. With a strong and consistent showing for the season, the Rangers went on to defend their AL West Division pennant. Hopes were high as they handily defeated the Detroit Tigers in game six, but lost the in the seventh game. Although it was a crushing loss, the Texas Rangers proved why we need to stand by our men.

— Rich Lopez

This article appeared in the Dallas Voice print edition January 6, 2012.

—  Michael Stephens

Twelfth Night celebration is in the pink

In the liturgical calendar of the Christian church twelfth night is the last day of the Christmas season. (Remember the 12 days of Christmas? They start on December 24 and end December 5) Twelfth night also kicks off the carnival season that culminates in the celebration of Mardi Gras. The Krewe of Olympus, Houston’s own predominately gay Mardi Gras Krewe, welcomes the season in style with “Pretty in Pink:” a twelfth night fundraiser benefiting the Montrose Counseling Center. The festivities are Saturday night, January 7 (’cause who wants to party on a Thursday?) starting at 7 pm at the Counseling Center (401 Branard) and include traditional king cake as well as an open bar, hors d’oevres and a Mardi Gras mask auction. In keeping with the theme guests are invited to wear their best outfits in shades of pink (be it blush or bashful).

The Krewe of Olympus started in New Orleans in 1970 before moving to Houston. According to their website:

We are one of the largest predominately gay Krewes in the United States, although our membership is open to all. Our principal aims are to present theatrical and educational events that perpetuate and continue Mardi Gras traditions and to raise money for community charities. Since moving to Texas, we’ve donated hundreds of thousands of dollars to Houston and Dallas Charitable Organizations. We are a 501(c)(3) non profit organization.

Tickets for the event are $35 and are available at the door.

—  admin

Dallas baker wins Food Network challenge

To a pastry chef, the term “piece o’ cake” probably pisses you off. (Don’t even get ’em started on “easy as pie.”) Cake is hard! Especially when you’re trying to impress the judges on a national network, commemorating the re-release of the most popular animated film of all time.

But Dallas’ Bronwen Weber of Frosted Art Bakery and Studio made it look, well, like a piece o’ cake Sunday night, when she won the Food Network’s Lion King-themed bake-off.

Weber’s dynamic interpretation of the villainous Scar in mid-leap bested all the other competitors, with the show airing the second weekend when the new 3D Lion King claimed the No. 1 spot at the weekend box office.

This is nothing new for the gay-friendly Weber, who last year designed “pride cake” cupcakes with rainbows and HRC symbols. She has won 14 medals from the Food Network, including eight first-place citations — three more than her nearest competitor. The episode airs again tonight at 7 p.m.

You can find Weber’s treats at FrostedArt.com.

—  Arnold Wayne Jones

Starvoice • 09.16.11

CELEBRITY BIRTHDAY

Twiggy turns 62 on Monday. Known mostly for her mod, androgynous look of the ’60s, the style icon was one of fashion’s first supermodels. She returned to fashion somewhat as a judge on America’s Next Top Model, but left in 2007. Also a singer, she is working on a new album of ballad covers due in November.

…………………

THIS WEEK

Mars entering Leo inflates energy and egos, and trine to Uranus in Aries, will lead to unexpected results. Stubborn assertion will lead to wacky disasters. Be bold, but adaptive and humble for best results.

…………………

VIRGO  Aug 23-Sep 22
Self-consciousness leads you to fashion disasters. Play with a new look where nobody except a trusted friend can to see it, just so you can be satisfied that it is indeed wrong for you.

LIBRA  Sep 23-Oct 22
Domestic victories make you cocky.  Better to offer an olive branch and build reconciliation. Don’t dread the cake with all those candles. Focus on accomplishments and goals.

SCORPIO  Oct 23-Nov 21
Count on your friends to help you get ahead. Keep your eyes open to colleagues who might double-cross you. Don’t worry: A rude surprise can prove a blessing in disguise.

SAGITTARIUS  Nov 22-Dec 20
Teamwork gets anything accomplished, so be attentive to those who can make or break your efforts. They’re inclined to support you, but they want credit and generally deserve it.

CAPRICORN  Dec 21-Jan 19
Focus on your career and getting ahead. You can focus on your goals with little interference. The boss is about to take notice and is likely to be very supportive. Just let your work speak for itself.

AQUARIUS  Jan 20-Feb 18
Connect with older, well-educated people. You can learn a lot and get a clearer idea of your direction in life. You can’t help but say the wrong thing to your partner, but you’ll be fine.

PISCES  Feb 19-Mar 19
Even sweet, affable chatter can get annoying. Staying between the extremes is your biggest challenge. Lean to the quiet side. Letting them wonder will arouse more interest in you.

ARIES  Mar 20-Apr 19
You want to have fun, but work demands time and energy. Getting boisterous upsets things and exposes resentments. It doesn’t matter if they’re jealous. Focus your energies productively.

TAURUS  Apr 20-May 20
Be as productive as possible while your discipline and drive are especially sharp. Worries about the future are distractions. Just stay the course; keep putting one foot in front of the other.

GEMINI  May 21-Jun 20
The coming social season puts you in greater demand. Fix up your home now to be ready for company then. Friends’ one-upmanship will throw you off your game. Ignore it.

CANCER  Jun 21-Jul 22
Social opportunities abound. You’re happier at home with your dearest and nearest, and some of your favorite recipes, but get out and develop connections. They’ll serve you well.

LEO  Jul 23-Aug 22
Your state of mind changes more than your finances, but you can relax. Your energy is cranking up and leads you into interesting adventures. Look for new ideas, not arguments!

Jack Fertig can be reached at 415-864-8302 or Starjack.com

This article appeared in the Dallas Voice print edition September 16, 2011.

—  Michael Stephens

The gayest birthday cake ever

My wife, Sandra, agreed to make a birthday cake for our friend, Mealia, who is not only gay but is from Kansas and loves The Wizard of Oz.

As it turns out, I think, this is the birthday cake every lesbian and gay person needs. Here’s a picture of this piece of culinary genius, so you can all start planning for your own birthdays. (And no, that isn’t an actual pair of ruby slippers. It’s a photo that has been cut out and attached to the cake with toothpicks.)

—  admin