What’s Brewing: Key Prop 8 decision coming; marriage ban advances in Ind.; Gaga hatefest

Your weekday morning blend from Instant Tea:

1. The California Supreme Court is set to consider today whether it believes Prop 8 supporters have legal standing to defend the same-sex marriage ban in federal court, after state officials refused to do so. The U.S. 9th Circuit Court of Appeals, which is currently reviewing the case, has asked the California Supreme Court for an opinion on the matter. And the decision about standing could determine whether the Prop 8 case applies only to California or affects same-sex marriage throughout the country. In other words, this is kinda big.

2. If and when same-sex marriage bans are ultimately declared unconstitutional by the U.S. Supreme Court, Indiana apparently wants to be one of the states that was on the wrong side of history. Indiana’s newly Republican-dominated House voted overwhelmingly Tuesday to place a constitutional amendment on the ballot that would ban not only same-sex marriage, but also civil unions and domestic partnerships. The good news is the amendment can’t actually appear on the ballot until 2014 because it must first be approved by two separately elected legislatures. But in case it hadn’t dawned on you yet, those tea party nuts were lying to your face when they said they only care about fiscal issues.

3. Some gays are turning against Lady Gaga and rejecting their own so-called anthem, “Born This Way,” according to various media reports including this one. But the most amusing critique we’ve seen thus far comes from the Zeitgeisty Report, which suggests that Gaga HATES gay people: “Take for instance the very first part of the song where Gaga comes right out and accuses gay people of having paws instead of hands or feet. Yep, Lady Gaga officially thinks gay people are animals.”

—  John Wright

New attempt to legalize gay marriage in Chile

Chilean flag

While civil unions in Uruguay and marriage in Argentina were approved by legislatures — and civil unions in Ecuador were approved by voters under a new constitution — the Chilean Supreme Court may approve same-sex marriage in that country.

According to the Santiago newspaper El Mercurio, three couples have filed a lawsuit, and the Supreme Court has agreed to hear the case.

An attorney for the couples, Jaime Silva, argues that two provisions of the Marriage Act are unconstitutional. The first states that marriage is a solemn contract in which a man and woman come together. The second recognizes that a marriage concluded abroad will be recognized in Chile provided it is between a man and a woman.

Those provisions, Silva argues, violate Article 1 and other provisions in the constitution. Article 1 begins, “Men are born free and equal, in dignity and rights.”

Last summer we reported several South American countries were considering recognizing same-sex relationships.

In Chile, a civil union bill got bogged down in the legislature. Meanwhile, no movement has been reported on the issue in Bolivia, where President Evo Morales and Vice President Álvaro García Linera live together in the presidential palace.

P.S.: That is a Chilean flag. The blue stripe extends to the bottom on the Texas flag.

—  David Taffet