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

Boulder won’t back down, Florida case in court and more

equalityfloridaToday in marriage equality news: A Florida attorney told a trial court the state’s marriage ban should end. Colorado’s attorney general told a county clerk to stop issuing licenses until he has a final ruling even though he favors an end to the ban. The ACLU wants to make sure licenses issued in Wisconsin are considered valid.

Florida

Florida’s marriage ban case went to court yesterday.

Attorney Jeffrey Cohen asked the judge to issue a ruling similar to those in more than 20 other cases across the nation striking down discriminatory marriage bans as unconstitutional. Cohen also pointed out that while Florida allows same-sex couples to adopt children, it still refuses to let them marry.

“It’s the right of a person to choose who they love and who they make their future with,” Cohen said. “We should not make anyone a second-class citizen.”

The judge didn’t indicate when she would rule on the case.

Colorado

Colorado Attorney General John Suthers demanded Boulder County Clerk Hillary Hall stop issuing marriages licenses.

But this isn’t an issue of liberal v. conservative. Suthers wants Hall to stop until he receives a clear ruling from the Tenth Circuit and joined Gov. John Hickenlooper in requesting the court overturn the state’s marriage ban. Hickenlooper is a Democrat and Suthers is a Republican.

Hall has refused and continues to issue licenses to same-sex couples. She began issuing the licenses immediately after the Tenth Circuit ruled Utah’s marriage law is unconstitutional. The appeals court stayed its decision, but the stay specified Utah, so Hall, along with two other county clerks in Colorado, began issuing licenses. With legal council, she said the ruling applies to Colorado, which is also in the Tenth Circuit, but the stay on the ruling did not apply to Colorado, since it specified Utah.

While Suthers would like Colorado’s marriage ban overturned, his motion to the court could stop Hall until the court issues a final ruling.

Wisconsin

In Wisconsin, the ACLU is filing a suit seeking legal recognition for the marriages of the same-sex couples who wed in the days after a federal judge overturned the state ban. Following Judge Barbara Crabb’s ruling, more than 500 same-sex couples were married. Days later, Crabb stayed her ruling, pending appeal by state Attorney General J.B. Van Hollen.

Ireland

Although a date hasn’t been set, the Irish will vote on marriage equality sometime early in 2015. Should people really be allowed to vote on other people’s civil rights? According to all courts who’ve weighed in on the issue in the last year, it was wrong when voters in the early 2000s stopped LGBT rights. Does even a yes vote make this election any better?

—  David Taffet

BREAKING NEWS: Kentucky judge rules in favor of marriage equality

U.S. District Judge John G. Heyburn II has just ruled that Kentucky’s constitutional amendment banning same-sex marriage violates the U.S. Constitution, according to reports by The Courier-Times. This ruling comes four months after Heyburn’s decision in February ordering the state to recognize same-sex marriages performed in jurisdictions where such marriages are legal.

Judge John G. Heyburn IIDon’t expect immediate wedding bells in The Bluegrass State. Heyburn put his ruling on hold pending a decision by a higher court.

Lawyers for Kentucky Gov. Steve Beshear’s only argument in support of the ban was that traditional marriages contribute to a stable birth rate and the state’s long-term economic stability. Heyburn rejected that reasoning, saying “These arguments are not those of serious people.”

Heyburn said in his ruling, “In America, even sincere and long-hold religious beliefs do not trump the constitutional rights of those who happen to have been out-voted.” He also said that there is “no conceivable legitimate purpose” for the ban and that it violates the constitutional guarantee of equal protection under the law.

Since the U.S. Supreme Court in June 2013 overturned a significant portion of the federal Defense of Marriage Act, there have been at least 15 court rulings at various levels of the federal court system overturning same-sex marriage bans or bans on recognizing same-sex marriages legally performed elsewhere. That number could go up again soon since a state trial court in Miami is slated to hear oral arguments Wednesday on a motion filed in May by six same-sex couples and Equality Florida Institute challenging Florida’s same-sex marriage ban.

—  Tammye Nash

This week in marriage equality

Bondi_bio_photo

Pam Bondi, Florida’s oft-divorced attorney general

Marriage equality went statewide in Illinois this week. One Texas case advanced, and Colorado is having a wedding cake problem.

And Florida’s thrice-divorced attorney general, who travels abroad with a man she’s not married to, thinks same-sex marriage would harm The Sunshine State.

Illinois

Sunday marked the first day of statewide marriage equality in Illinois.

The Legislature passed a marriage equality law last fall that set June 1 as the start date. A Chicago couple sued for immediate implementation of the law because one partner had a terminal illness. A U.S. district court declared Illinois’ ban unconstitutional so Cook County, which includes Chicago, began issuing licenses in February. Since then, 16 Illinois counties have begun issuing marriage licenses to same-sex couples. As of this week, couples can marry anywhere in the state.

Texas

The 5th U.S. Circuit Court of Appeals set July 9 as the day it will hear an appeal in DeLeon v. Perry, a Texas marriage equality case. One of the couples, Mark Phariss and Victor Holmes are from Plano.

In February, a federal judge in San Antonio who heard the case declared the Texas marriage ban unconstitutional.

This will be the first Texas case to reach the 5th Circuit. The Texas divorce case was appealed to the Texas Supreme Court. No ruling has been issued in that case that was heard in November.

Florida

Unlike attorneys general in Oregon and Pennsylvania, Florida’s Attorney General Pam Bondi is defending that state’s marriage ban.

She said recognition of out-of-state marriages of same-sex couples would impose “significant public harm” by interfering with Florida’s current marriage laws.

Bondi, who has been divorced three times, was in Cayman over Memorial Day weekend, according to the Tampa Bay Times. The paper reported she was supposed to marry husband No. 4, but she returned to the U.S. unmarried and said the wedding was postponed a few weeks.

In her brief in the marriage equality suit, Bondi claims “the state’s assertion that the harms to same-sex married couples aren’t significant enough to warrant relief.”

Then why is it important for her to get married — for a fourth time? And why is it OK for her to travel abroad with a man she’s not married to but gays marrying once is bad for Florida?

Colorado

Those poor wedding photographers and cake bakers.

The latest complaint is against a Colorado cake baker who refused to bake a cake for a civil union.

On Friday, the Civil Rights Commission in Colorado ruled that religious objections do not trump the state’s anti-discrimination statutes.

The cake shop owner, Jack Phillips, said that the decision violates his First Amendment rights to “free speech and exercise of religion.”

The ruling doesn’t interfere with his religious beliefs and only affects his business practices. A store must serve anyone who comes in.

“I will stand by my convictions until somebody shuts me down,” he told reporters after the ruling.

He said he’s been so overwhelmed by supporters buying cookies and brownies, he doesn’t make cakes anymore.

Yes, we know what goes into brownies in Colorado. I’m sure his business is booming.

—  David Taffet

Former Fla. GOP governor, LGBT adversary speaks for first time to gay press about running again — as a Democrat

CharlieChristDyer

In his first-ever interview with the LGBT press, former Florida Gov. Charlie Crist explains why he switched parties, supports same-sex marriage and wants to be governor again

TOM DYER  |  Watermark Online

ORLANDO -  A union hall was an unlikely venue for Charlie Crist’s first interview with the LGBT press, but the former Republican governor, now Democratic candidate for the same office, has a busy schedule these days. After meeting with the International Union of Painters and Allied Trades on Saturday, Dec. 14, he made himself available for an exclusive conversation.

To the union members, Crist described his ambitious agenda if elected: creating jobs, boosting education, protecting the environment, expanding health care and voting rights, and even resurrecting high speed rail. And he acknowledged the tough race ahead against Republican incumbent multi-millionaire Rick Scott.

“I’m running against a $100 million meat-grinder,” Crist told them. “I need more than your support, I need your commitment.”

Some Democrats see Crist as an unwanted, undeserving interloper. His announcement all but extinguished the candidacy of South Florida’s Nan Rich, an experienced former Senate Minority Leader with liberal bona fides.

But many have cheered his arrival, seeing a real chance to regain the governor’s mansion for the first time in 15 years. Despite a confounding run for U.S. Senate in 2010, first as a Republican and then as an Independent, recent polls show that Floridians still like Charlie. He currently leads Scott by anywhere from four to 14 points, and U.S. Senator Bill Nelson by 13 points in a matchup of Democrats.

It was easy to see why he chose a union hall. Crist likes people and enjoys campaigning. He connected with many in the audience — remembering not only their names but those of their spouses and mothers — with a Clinton-like charisma that is both powerful and persuasive. He left with a check and a standing ovation.

But the LGBT community poses special challenges. Crist recently endorsed same-sex marriage rights and all the other components of full equality. But when the Amendment 2 constitutional ban on same-sex marriage appeared on the 2008 ballot, Crist announced his support just weeks before voting day. It passed by less than 2 percentage points, and many gays and lesbian still blame their former governor. And as recently as 2010, while running for U.S. Senate, he told CNN he believed marriage should be between a man and a woman.

I asked him about all that and more during an hour-long interview. A skeptic, I was surprised and even a little disarmed by his candor. I can’t wait to find out if you are, too.

WATERMARK:  I’ve been looking forward to this dialogue. Many members of the LGBT community are enthusiastic about your candidacy, but just as many are skeptical and some are even hostile. I want to give you an opportunity to address their concerns head on.
CHARLIE CRIST: Thank you for the opportunity.

—  Steve Ramos

Florida state senator introduces domestic partner registry bill

Florida Sen. Eleanor Sobel

Florida State Sen. Eleanor Sobel — a Democrat from Hollywood in Broward County near the southern end of the state — has introduced legislation that would create a statewide domestic partner registry and add “partnership” as a relationship status option to all state forms, according to an email today from Florida Together Federation.

Senate Bill 166 is slated to be heard in the Florida Legislature’s 2012 session, beginning in January.

In a written statement, Sobel — described by Florida Together officials as a longtime ally of the LGBT community — said that a “majority of Americans and Floridians support recognition for same-sex relationships,” and that it “no longer makes sense for the state to have just one category — married and everyone else.”

Michael Kenny, executive director of Florida Together, said that LGBT rights advocates are thrilled to see Sobel introduce the bill, but he acknowledged that there is still a long way to go.

Kenny said, “Having a bill filed is a long, long way from creating law. But as they say, even the longest journey begins with a first step and we are proud to have Senator Sobel start this journey with us and for us.”

Florida Together Federation is a statewide organization that brings together local LGBT groups in the state to share resources, skills and information in the battle for LGBT equality.

—  admin

The lost art of cruising

‘Electro-tricks’ may be quicker and easier, but half the fun of the hook-up was working at it

Hardy Haberman | Flagging Left

I don’t get out much — at least to the bars. First of all I don’t drink anymore, and second, I am not really looking to hook up with anyone since I am in a very nice relationship.

I do, however, occasionally meet friends out for the evening or for a special event.

When I do go out, it is most often to our local leather bar, the Dallas Eagle, and I often indulge in a little people watching. I like to watch the crowd, the way people interact with one another, the ebb and flow of what was once a favorite past time of gay men: cruising.

What surprised me was the lack of that particular gay art going on.

First, let me say this is not a reflection on the Eagle; it’s a fine, first-class leather bar. What I noticed is something I have seen in other cities as well, and it bothers me a bit.

Now for those who might not know, cruising is a delicate dance men used to perform when looking for a partner, playmate or just trick du jour. It usually began with some long, slow looks, occasional subtle signals like a nod, the touch of the brim of a cap, a purposeful second glance or even just a slight change in body language.

If two people read the signals, and actually respond, it might proceed to sending over a drink — or a more direct approach. Often before actually making contact, you would ask a few friends if they knew the man in question, and for the leather scene that would also entail asking if anyone knew more intimate details: Was he a safe player? What was he into?

Of course, we also had the hanky code. It was a more direct and cut to the chase way to let folks know what you were seeking.

I won’t go into the details here, but the basics were: Hanky in the left pocket meant you were a top, and hanky in the right pocket meant you were a bottom.

Still, even with outward signs, there was an art to the whole endeavor. If done correctly, it had an element of seduction in it and all the sexual energy that went with it.

Sadly, I don’t see much of that going on anymore.

What I do see is guys checking their smart phones. Looking a little closer, I see them using Grindr, checking Recon and texting.

That’s when I realized what happened to cruising: It has gone the way of the dodo.

What was once a face-to-face encounter that actually took some time and energy is now a fast, down-and-dirty, “check a few profiles and text enough contacts until you pull a winning number” routine.

The whole cruising experience has become an electronic booty call with no mystery, no romance and no effort.

Oh yes, it is much more efficient. You can select from the variety of “neck-down pictures” and body statistics, like you were choosing a download on Amazon.

Find Mr. Right or at least Mr. Right Enough for Now, text a few lines, set a time and bingo! Insta-trick!

All very high tech and painless. No face-to-face rejections, no appallingly awkward moments. Just on-line chat and, essentially, “booking.”

It would seem to me that applications like Grindr and sites like Recon and CraigsList have replaced the whole cruising experience, and though it might be much more efficient, it really changes to atmosphere in the bars.

The heady sexual tension that used to permeate gay bars has given way to guys and gals on their smart phones texting or cruising — the web. One bar in Florida even has a screen where patrons can text directly to the screen, sort of a visual “shout out” for all to see.

Inevitably, the whole electro-trick phenomenon has spawned something totally unexpected. My partner commented on the subject of this column and suggested there should be an Angie’s List for Grindr.

I was surprised this morning when, while researching this piece, I found something very much like that.

Douchebagsofgrindr.com may just be a parody, but if not it offers some insight into the whole process. Personally, I find it kind of crass, but then I find the whole “electro-trick-speed-dating-booty-call” app thing crass.

It makes me long for the days of actually having to spend a little time to pursue and attract and seduce someone you were interested in. Try that now and I suspect you’d just get accused of being a stalker.

Hardy Haberman is a longtime local LGBT activist and a board member of the Woodhull Freedom Alliance. His blog is at DungeonDiary.Blogspot.com.

This article appeared in the Dallas Voice print edition August 9, 2011.

—  Kevin Thomas

Florida Finally Recognizes Martin Gill As The Legal Father To His Sons

Martin Gill, the Florida man who's been battling for years to adopt his two foster sons, and who conquered the state's ban on gays adopting back in October, has finally been granted his legal adoption. Best wishes, gents.


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Queerty

—  admin

Florida Man at Center of Adoption Ban Case Officially Adopts Sons

Martin Gill and his sons are finally a family in the eyes of the law:

Gill "After a successful fight to overturn Florida’s ban on gay people serving as adoptive parents, the two young brothers adopted by Martin Gill participated in an adoption ceremony in Judge Cindy Lederman's chambers in Miami-Dade County Juvenile Court today, marking the final step in their adoption process. Gill and his partner had served as foster parents to the two brothers for six years. Gill worked with the American Civil Liberties Union to fight for the right to adopt them by challenging Florida’s 33-year-old ban on gay people adopting. As a result of the ACLU lawsuit on behalf of Gill, the ban was ended last year."

Said Leslie Cooper, staff attorney with the ACLU Lesbian, Gay, Bisexual and Transgender Project: “Martin and his family were instrumental in ending one of the most discriminatory laws in the country. Hopefully now, thousands of children in Florida who are waiting to be adopted will be able to know the love and support of having a family.”

Congratulations!


Towleroad News #gay

—  admin

Florida Halts Change to AIDS Program

FLORIDA ADAP X390 (GRAB) | ADVOCATE.COMFlorida put on hold a potential change to the salary eligibility for its
AIDS Drug Assistance Program, which if enacted would have bumped
hundreds of people from the program.
Advocate.com: Daily News

—  admin