Marriage equality updates: While we wait on Colorado …..

U.S. District Judge Raymond P. Moore, who heard arguments yesterday in a suit seeking to overturn Colorado’s ban on same-sex marriage, has indicated he is likely to rule in favor of the gay couples who say the ban is unconstitutional. The real question is whether Judge Moore will put his ruling on hold until the inevitable appeals are heard and decided, according to this report by The Washington Post.

Colorado Attorney General  John Suthers isn’t opposing the plaintiffs’ request for an injunction overturning the marriage ban, but he does want Judge Moore to stay his ruling. On the flip side, though, plaintiffs’ attorney Mari Newman argued against the stay, reminding the judge that “justice delayed is justice denied.”

Judge Moore is expected to announce his ruling and his decision on whether or not to issue the stay sometime today. But while we are waiting to hear from Colorado, here are a few more marriage-related tidbits to ponder. (And yes, David Taffet usually does the marriage news roundup here on Instant Tea, but he’s on vacation this week.)

 

Rubio still opposes marriage equality

Official Portrait

Sen. Marco Rubio

File this one under the “Color Us NOT Surprised” heading: Sen. Marco Rubio, a Florida Republican, is expected to reiterate his opposition to marriage equality in a speech at a Catholic university later today. OK, so he’s not gonna actually say he opposes same-sex marriage. What he’s going to say is that he believes states’ should be allowed to define marriage as they see fit, whether he agrees with them or not, and without interference from the federal courts.

Rubio, a possible Republican presidential candidate, has also said he is not in favor of a federal constitutional ban. By saying that he personally opposes same-sex marriage but believes states should be able to define marriage as they see fit, Rubio is likely looking for a little bit of semi-neutral middle ground in preparation for that possible run for the White House.

This report in the Tampa Bay Times gives more detail on his words and his voting record.

 

Equality Florida to deliver petitions to Bondi

The four same-sex couples challenging Florida’s ban on same-sex marriage along with representatives of Equality Florida Institute are set to deliver 7.000 petitions signed by Floridians to Attorney General Pam Bondi, urging her to “stop wasting taxpayer resources” defending the ban.

Monroe County Chief Circuit Judge Luis M. Garcia issued a ruling on July 17 declaring the ban unconstitutional, although on Monday, July 21, he issued a stay of the ruling as the case moves through the appeals process.

Equality Florida says that recent surveys show that at least 57 percent of Florida residents support marriage equality.

The petitions will be delivered Thursday morning.

On Wednesday, the Miami Herald’s Fred Grimm posted this column criticizing the twice-divorced Bondi for appealing Garcia’s ruling.

“With five divorces between the two of us, Pam Bondi and I aren’t exactly paragons of marriage stability,” Grimm writes. “Nothing in Florida law, however, would keep either one of us from denigrating that hallowed institution once again.”

—  Tammye Nash

Nixon tapes reveal he thought gays were born that way

NixonIn April 1971, Richard Nixon had a discussion in the White House with National Security Advisor Henry Kissinger and Chief of Staff H.R. Haldeman. Kissinger had not yet become secretary of state.

“I am the most tolerant person on that of anybody in this shop,” Nixon said in newly released tapes that were secretly recorded during his administration.

Kissinger agreed but thought those kind of people should keep it a secret — especially the gays in his administration. Nixon may have actually been ahead of his time, though.

“They’re born that way. You know that. That’s all. I think they are,” Nixon said.

He said there were a number of intelligent people who were gay. The transcript was released by Vanity Fair.

The discussion must have been in relation to civil rights laws. In December 1971, Nixon issued an executive order requiring contractors to develop “an acceptable affirmative action program.” In 1972, Nixon endorsed congressional passage of the Equal Rights Amendment that would have put equal rights for woman into the constitution had it passed enough states. The Texas legislature was the first state to approve the ERA.

So the conversation seems to be in the context of what rights should be protected by national policy.

“It’s one thing for people to, you know, like some people we know, who would do it discreetly, but to make that a national policy,” Nixon said.

But Nixon was no champion of gay rights in public. In May, Nixon made this statement:

“I do not think that you glorify homosexuality on public television. You don’t glorify it anymore than you glorify whores.”

The Vanity Fair article, however, also quoted from a conversation in July 1971 where they discussed whether Kissinger should resign because of a Newsweek article discussing Kissinger’s religion. He is Jewish.

—  David Taffet

UPDATE: Colorado’s pro-marriage equality decision stops marriage equality

MorkMindyHouse

Mork and Mindy’s house in Boulder, Colorado. About 100 same-sex couples have married in Boulder in the last few weeks. Could marriage equality lead to humans marrying aliens?

UPDATE:

A ruling by the district court in Boulder County that followed the state court’s ruling allows the county clerk to continue issuing marriage licenses.

ORIGINAL POST:

In the most ironic decision on marriage equality since the U.S. Supreme Court overturned the Defense of Marriage Act a year ago, a state judge ruled Colorado’s marriage law unconstitutional.

Normally that would be good news, but the ruling actually stopped same-sex marriages in the state.

After the Tenth Circuit Court of Appeals overturned the Utah marriage ban, several county clerks in Colorado began issuing marriage licenses. Because Colorado is in the same circuit as Utah, those Colorado county clerks reasoned the Utah ruling applied to them as well.And because the stay specified Utah, they reasoned the stay didn’t apply to them.

The county clerk in Boulder County continued issuing licenses despite threats from the state attorney general. So the AG took the matter to court where he lost yesterday.

Good news? Normally. But while the judge ruled that Colorado’s marriage law is unconstitutional, he placed a stay on his ruling pending further appeal.

Since the stay this time applies to Colorado, the county clerk in Boulder must stop issuing licenses.

About 100 licenses have been issued in Boulder and a separate hearing will be held to determine if those marriages are valid. In cases in other states where licenses were issued before a stay was placed on a legal decision, those marriages have been upheld and recognized.

—  David Taffet

Anti-gay factions challenge Houston equal rights ordinance

Parker

Mayor Annise Parker during the HERO debate

Opponents of the Houston Equal Rights Ordinance turned in 50,000 signatures to get the issue on the November ballot. Only 17, 269 are needed. The city secretary’s office has 30 days to validate the signatures.

The ordinance passed on May 28. The Houston city charter allows a recall election on an issue if 10 percent of voters in the last election sign a petition. A recall against a mayor or council member requires 25 percent of voters in that election to sign a petition.

Until HERO was passed, Houston was the only major city in the United States without an equal rights ordinance of any sort. In addition to protecting the LGBT community, the ordinance puts into place protections based on sex, race, color, ethnicity, national origin, age, familial status, marital status, military status, religion, disability, genetic information or pregnancy. None of these categories were protected by the city before the ordinance was enacted.

The anti-HERO forces have claimed the law allows men to dress as women so they may enter women’s restroom and attack little girls. There is no mention of bathrooms in the ordinance.

The city plans to defend the ordinance.

“The Houston I know does not discriminate, treats everyone equally and allows full participation by everyone in civic and business life,” said Mayor Annise Parker. “We don’t care where you come from, the color of your skin, your age, gender, what physical limitations you may have or whom you choose to love. I am confident voters will soundly defeat any challenge to the ordinance.”

—  David Taffet

Study shows children with two moms or two dads are healthier and happier

familyChildren of gays and lesbians are healthier and happier than those in the general population, according to a new study done in Australia.

Simon Crouch, the lead researcher in the study, found children of same-sex couples scored higher on family cohesion, which led to better health.

He found that in same-sex relationships, partners take on parenting, home and work roles more suited to their skills than to gender stereotypes. That leads to a more harmonious family and greater well-being, he said.

The Australian census counted more than 33,000 two-parent families with same-sex parents.

The study took into account age, educational and other disparities between same-sex parents and opposite-sex parents. Same-sex couples have to plan to become parents. They don’t find themselves suddenly pregnant because their birth control didn’t work or because they got drunk one night and woke up the next day and found they had hired a surrogate.

But the researchers took those differences into account and compared the children of gay and lesbian couples with children in the general population with parents of similar incomes, age and economic backgrounds. Children of same-sex couples still scored 6 percent higher.

The higher score came despite findings by the research team that children of same-sex couples face greater social stigma and are often bullied. Same-sex parents said they make sure their children are more resilient than other kids.

The study debunks arguments some states have been making to derail same-sex marriage rulings that continue to be issued across the country. In the recent Kentucky case, the state argued that the birth rate would drop if the court ordered marriage equality. Other states have argued children are better off being raised by a mother and a father, citing the discredited University of Austin’s Mark Regnerus study. That study, however, compared children raised in “failed heterosexual unions” to those raised by heterosexual parents in healthy relationships. One of the parents in each of the failed relationships had a romantic relationship with a member of the same sex at some point, but didn’t raise children in stable two-parent relationships.

This study not only refutes Regnerus and those state arguments that children are better off being raised by a mother and a father, but counters those arguments. When pushed on the issue by the other side, plaintiffs could use this study to actually argue that gays and lesbians make better parents and children are better off with two moms or two dads than with a mother and a father.

Right-wing detractors in Australia claim only parents whose children are doing well volunteered for the study. If that’s true, then only straight parents whose children aren’t doing so well volunteered their children for the study. Doesn’t that sort of prove gays and lesbians are at least smarter parents, if not better parents?

Those detractors also wonder what happens to those well-adjusted children once they reach adulthood. Hmmm … don’t well-adjusted children tend to become productive, well-adjusted adults?

—  David Taffet

Democratic platform calls reparative therapy quackery and calls for Texas marriage equality

Narey

Stonewall Dallas President Jay Narey, center, at the Texas Democratic Convention

The platform that emerged from the Democratic Convention held in Dallas last week stands in stark contrast to that of the Texas Republican platform that encouraged reparative therapy to “cure” gays.

“For decades it has been beyond dispute by health professionals that homosexuality is a normal, natural and positive variation of human sexual orientation,” the Democratic platform says. “Similarly, it is clear that a person’s gender identity — one’s inner sense of being male or female — is deep-seated and cannot be changed.”

Jeff Strater, a gay delegate, was elected to serve on the state Democratic Executive Committee from Senate District 23. He said he was overwhelmed by Democrats’ response to the Republican platform.

“LGBTQ mentions are peppered throughout the platform,” Strater said, adding that each plank in the platform was passed by the entire convention.

“There were no holdouts,” he said. “No cranky ‘no’s’ from East Texas.”

Strater is not the first gay man elected to the executive committee from District 23. Gary Fitzsimmons and Buck Massey held that seat in the past.

Former state Rep. Glen Maxey said he was impressed by the planks submitted by the trans community that passed just as easily as the others. Those planks would make it easier for a person to change information on their state identification.

While LGBT is mentioned elsewhere in the platform, one whole section is devoted to “personal security and equal protection for LGBTQ Texans.”

Had Texas Republicans not made so-called “reparative therapy” an issue by calling for it in their state party platform, Strater said, most Democrats would likely not have given the concept a second thought. But with the GOP platform making headlines on the subject, reparative therapy ended up being included in the first section in the Dems’ platform relating to the LGBT community. Democrats want to ban the practice — referred to as “quackery” in their platform.

Strater said U.S. Rep. Joaquin Castro reflected the sentiment of the convention when he addressed delegates on Saturday: “Gov. Perry, if you believe gay people need repairing, then I would suggest your soul needs repairing,” Castro said.

Jay Narey, president of Stonewall Democrats of Dallas, said, “Democrats stand in stark contrast to Republicans — like day and night.” He said the reparative therapy issue was just the obvious contrast, but positive platform planks on issues affecting everyday life in the LGBT community’ were passed overwhelmingly.

Other planks Democrats adopted dealt with marriage equality, trans-inclusive employment nondiscrimination and personal security that call on “social, health care and public service professionals to seek out and adopt best practices in the delivery of services to all Texans.”

Narey also pointed out that while Log Cabin Republicans were not allowed even a small table at the GOP convention, the Stonewall Caucus was so large, it met on the main convention floor while other caucuses were assigned meeting rooms.

Narey said he had no idea how many people attended the Stonewall Caucus because there was no controlled access to the convention floor. Hundreds of people — and all but one statewide candidate — attended the caucus. He estimated at least 300 LGBT delegates participated, but hundreds more allies also participated in Stonewall events.

“There’s been a dramatic shift on our issues over the last four election cycles,” Narey said. “State Party Chair Gilberto Hinojosa is extremely supportive of the LGBT community. He’s largely responsible.”

Strater said he was energized and motivated as a result of the convention and made quite a few new contacts that he’ll call on through the campaign. His only negative comment about the weekend concerned the Ladybird Johnson breakfast: “When [anti-gay Dallas City Councilwoman] Vonceil Jones Hill was introduced to give the prayer, there were gasps from the audience,” he said.

—  David Taffet

Dallas Bears presents GDMAF with its largest donation ever

bears

Dallas Bears recently presented the Greg Dollgener Memorial AIDS Fund with a $28,100 donation, the largest the organization has ever received. GDMAF provides emergency funds for people with HIV when all other options for help through other agencies have been exhausted.

The organization was founded in 1994 after the death of Greg Dollgener, who taught his friends strength and courage through volunteering at various AIDS organizations and helping those less fortunate than himself despite his own battle with the disease.

—  David Taffet

This week in marriage equality

KarenMueller

Crazy of the week: Wisc. Republican Congressional candidate Karen Mueller

Louisiana

U.S. District Judge Martin Feldman set July 16 as a deadline to file briefs involving Louisiana’s same-sex marriage ban. The same judge heard arguments last week about recognizing out-of-state marriages and said he was not comfortable ruling on such a narrow issue. He hasn’t set a date to hear the full challenge to the marriage ban or said if he will even hear additional arguments.

Colorado

Three counties in Colorado continue to issue marriage licenses after the 10th Circuit Court of Appeals struck down Utah’s marriage ban. Although the court put a stay on its ruling, the stay specified Utah. County clerks in Colorado, which is also in the 10th Circuit, said the ruling applies to them and the stay does not.

Colorado State Senator Jesse Ulibarri and his partner Louis Trujillo were among the couples who got married last week in Boulder county.

State Attorney General John Suthers said the licenses are invalid and that the Utah decision does not apply to Colorado.

Florida

Former Florida Gov. Charlie Crist, who is running for the office again this fall, filed an amicus brief supporting marriage equality in a challenge to his state’s marriage ban. Crist is running as a Democrat.

In his last term in office, he served as a Republican and did little to advance LGBT rights. He supported the Federal Marriage Amendment to put the ban on same-sex marriage in the U.S. Constitution. As rumors spread that Crist was gay, he got married at age 50.

Indiana

The 7th Circuit Court of Appeals put a stay on a lower court’s ruling that allowed same-sex marriages to begin in the state.

Hundreds of couples married between Tuesday’s ruling and Friday’s stay. While the attorney general said those couples are in legal limbo, their marriages will be recognized by the federal government.

Lambda Legal filed papers with the 7th Circuit to go ahead and recognize the marriage of Niki Quasney and Amy Sandler. Quasney is battling Stage IV ovarian cancer. The trial court granted relief to the couple but the attorney general appealed. The emergency relief granted by the court is no longer in effect since the appeals court’s stay went into effect.

Crazy of the week

Wisconsin Republican Congressional candidate Karen Mueller said on the campaign trail same-sex marriage will lead to “the legalization of marriage between siblings.”

Mueller said that if a same-sex couple can marry, any two people would eventually be able to tie the knot and that the state ban does not actually discriminate against LGBT couples.

Where do they come up with this crap? Must be something going on in her own head and Dallas Voice warns her brothers and sisters to beware.

—  David Taffet

Outrageous Oral at S4

Outrageous Oral 11 took place at S4 on Jun 26.

Alpha Thomas spoke about working with child protective services to adopt her daughter in 1991 and now being a grandmother.

Sister Polly von Acocker spoke about the history of the Sisters and finished by reading a letter from someone thanking him for taking the time to speak to him, saving his life.

Master Z spoke about getting into the sm lifestyle, being in a power exchange relationship, losing a partner, becoming a Buddhist and lots more.

Pam Curry told stories about her life as a trans activist that began with defending a Muppet.

—  David Taffet

UPDATE: Police investigating hate as possible motive for graffiti as more taggings found

Janse.Kevin

Det. Kevin Janse at Dallas Police headquarters

Dallas Police are looking into hate as a possible motive for graffiti found early Sunday around Oak Lawn on buildings housing print media offices.

The Legacy of Love Monument and Cathedral of Hope were targeted by taggers with “666” in red spray paint. The Cedar Springs bridge over the tollway was also tagged, as were at least two Dallas Voice distribution boxes.

Chris Kelley, spokesman for Cathedral of Hope, said the church was tagged in two places — on its sign along the street and in the parking lot. By Sunday afternoon, the paint at Cathedral and on the monument had been removed by volunteers.

The Dallas Morning News, Dallas Observer and D magazine buildings were also tagged. Ironically, the building housing Dallas Voice was not touched.

Det. Kevin Janse said police have no leads but hope as word spreads about the graffiti, someone will come forward and provide some clues. He said he hopes whoever did this will start bragging about it when he sees the coverage it’s getting and someone will contact police with a lead.

The spray painting occurred late Saturday night or early Sunday morning. Janse said police checked video from the Exxon station on Oak Lawn Avenue, but its video did not catch activity at the Observer building across the street.

Officer W.C. Humphrey, who attended the press conference, told Dallas Voice that graffiti is not uncommon, but the particular “666” message at the specific sites is unusual.

Janse said anyone with information about these or additional taggings should contact Dallas LGBT police liaison Laura Martin at 214-490-0541.

Legacy graffiti

—  David Taffet