BREAKING: 10th Circuit says OK marriage ban is unconstitutional

Bs1h9tfCAAAgOOnA U.S. appeals court ruled today that Oklahoma’s ban on same-sex marriage is unconstitutional. The 2-1 vote by the U.S. Tenth Circuit of Appeals affirmed U.S. Judge Terence Kern’s earlier decision in Bishop v. Smith.

The same three-judge panel also ruled earlier Utah’s ban on same-sex marriage is unconstitutional.

The court stayed its ruling however, pending an appeal by the state of Oklahoma.

The case is the oldest challenge to a same-sex marriage ban in the country.

Since the Supreme Court’s major gay rights decisions last year, 17 federal courts have ruled that state same-sex marriage bans are unconstitutional. More than 70 cases are pending in federal court including one in Texas, DeLeon v. Perry according to a press release from the Human Rights Campaign.

 

—  James Russell

Oklahoma is the next target in marriage campaign

Screen shot 2014-05-06 at 10.17.02 AMThe U.S. 10th Circuit Court of Appeals has already heard the appeal of a federal court’s ruling that Oklahoma’s marriage law is unconstitutional. The case was expedited by the court and a decision is expected soon.

Now, Freedom to Marry has helped finance a TV commercial running in Oklahoma appealing to fairness for all families. The ad features an Oklahoma lesbian couple who married in Massachusetts. They live with their three children and the parents of one of the women. Her dad is Ed Cuyler, a former army colonel.

“Here in Oklahoma, we value family,” Cuyler says.

“Marriage enhances our community and makes families stronger,” Mrs. Cuyler says.

—  David Taffet

Texas defies defense secretary’s order to register same-sex partners

Chuck Hagel

Defense Secretary Chuck Hagel

After Secretary of Defense Chuck Hagel ordered national guards in all states to register same-sex partners of military personnel for identification cards, three states including Texas continue to defy the federal government.

Oklahoma Governor Mary Fallin responded by telling Hagel and President Barack Obama to “stop using the National Guard as a pawn in a larger social agenda.”

When the Department of Defense decided same-sex spouses would receive all of the same benefits as opposite-sex spouses in September, Texas refused to register same-sex partners and directed them to federal facilities. Eight other states followed Texas’ lead.

“Unfortunately, officials from at least three states, including Texas, Oklahoma, and Georgia, have so far responded with open and blatant defiance of his [Hagel] order and have stated their intention to continue discriminating against gay and lesbian couples serving in the national guard,” said Stephen Peters, president of American Military Partner Association.

Oklahoma state Sen. Al McCaffrey was in Dallas over the weekend for the Black Tie Dinner. He suggested a way to get his state to comply was to threaten to pull equipment out of the state. While the National Guard is run by the state, most of the equipment it uses, including tanks, planes, guns and even the computer used to register military partners belongs to the federal government, he said.

—  David Taffet

Oklahoma couples sue for marriage equality

Oklahoma couple suing for marriage equality

Oklahoma couple suing for marriage equality

Alliance Defending Freedom, a Christian legal group, is defending the Tulsa County Clerk’s Office against a lawsuit involving marriage equality because a federal appeals court ruled the governor and attorney general have no standing.

Two lesbian couples from Oklahoma, including one married in California, challenged the state’s ban on same-sex marriage as unconstitutional.

They believe the Defense of Marriage Act ruling bolsters their case. The case was filed in federal court in Tulsa in 2004 where it has been stalled. However, they are challenging the section of DOMA that still stands, allowing one state to refuse to recognize a marriage performed in another state.

Now that the DOMA ruling has been issued, attorneys for the couples are urging U.S. District Judge Terence Kern to rule in the case.

A number of cases are working their way through the courts. According to the blog Hunter of Justice, a Nevada and a Hawaii case are farthest along. In addition to the Oklahoma case, a Michigan and a North Carolina challenge to marriage bans are in federal courts. New cases have been filed in Virginia and Pennsylvania, Illinois, New Jersey and New Mexico state courts.

And an Ohio judge ruled in July that the state must recognize a recent Maryland marriage on a death certificate.

A story on the Oklahoma couple on Oklahoma News 9:

—  David Taffet

This week’s takeaways: Life+Style

The Bruce Wood Dance Project has three more performances of the choreographer’s new show at Booker T. Washington in the Arts District, including an encore of the first program, which debuted last night (with Gary Floyd providing beautiful vocals to the stunning new “I’m My Brother’s Keeper”). Wood is up to his old tricks: The technical beauty of classic ballet combined with the muscular physicality of modern dance plus Wood’s own unique contributions of humor and an emphasis on the potential of the male form. Don’t miss it — it ends this Sunday.

Also over this Sunday is Oklahoma! at Lyric Stage; don’t miss it, either (you have a busy weekend ahead of you!). As we’ve come to expect, director Cheryl Denson has crafted a massive and engaging piece of classic theater with a huge cast, full orchestra and dazzling sets. You have more time to see Jersey Boys at the Winspear Opera House — it’ll be around almost another month — but it’s just as unmissable.

—  Arnold Wayne Jones

A day after he was featured on the cover of Dallas Voice, gay Okla. lawmaker’s American flag burned

McAffrey looks at the flagpole and scorched grass

Oklahoma state Sen. Al McAffrey and his partner David Stinson woke up Saturday morning — probably after their dogs made a fuss — and found the American flag atop a flagpole in their front yard was on fire.

Other than the burned flag and some scorched grass, no other damage was done. As you can seen in the photo above, smaller flags lining the walk were untouched.

“Early this morning sometime someone came to ou[r] house and set our American Flag on fire on the pole,” Stinson wrote on his Facebook page. “You can see the black in the grass. Set the grass on fire a bit. Could have been a lot wors[e].”

In an email to Instant Tea over the weekend, McAffrey said he didn’t want to turn the incident into “some big hate crime media fiasco.” Instead, he and Stinson were condemning it as sacrilege on Memorial Day weekend.

According to the Daily Oklahoman, McAffrey flies the flag daily and replaced the burned flag on Saturday afternoon. The flag was set on fire while it was on top of the pole.

McAffrey did note that the incident happened a day after he was featured on the cover of Dallas Voice, but he isn’t blaming us for the incident. He’s not even blaming supporters of anti-gay state Rep. Sally Kern, saying it could have simply been a random act of vandalism.

McAffrey’s flag, larger than the one flown at the state House, is illuminated, and he flies it ’round the clock. He called it a point of pride, having served four years in the Navy.

Watch a video report from KWTV in Oklahoma City below:

—  David Taffet

Good Christian belle

Gay ally Kristin Chenoweth talks about her new country music CD (she adores Dolly!), queers … and the right way to be a Christian

THE GOSPEL ACCORDING TO KRISTIN | The performer has conquered stage, recording, TV … and uniting gay rights with her faith.

Kristin Chenoweth doesn’t get miffed very easily. But when she does, watch out. Last year, after Newsweek published a commentary on the inability of gay actors to play straight roles, she wrote an extensive letter to the magazine, calling the article “horrendously homophobic.”

But Chenoweth’s allegiance to the gay community goes back to growing up in Oklahoma — a place she returned to for her latest album, Some Lessons Learned, the first of four where the opera-trainer singer fully embraces her country roots.

We had lots to talk about when we caught up with Chenoweth, on a dinner break from shooting her upcoming series, Good Christian Belles. She discussed her history of dating gay men, her opinion on Michele Bachmann’s support of gay conversion clinics … and being a little bit wicked.

— Chris Azzopardi

………………………..

Dallas Voice: Your character’s name on Good Christian Belles is Cockburn — Carlene Cockburn. Chenoweth: I can’t wait for my family to hear that one. Are you kidding? I was like, “Wait a minute…!” But I just think the most important thing for me as an actress, because of the lines that come out of my mouth, is to just have to speak them and keep going, because they’re so funny and her name is so funny and the whole thing is just so great. I love it.

Does your character have anything in common with April Rhodes, who you play on Glee? Probably not on paper, but they’re both pretty outlandish people. Carlene, though, is the antithesis of April.

You grew up in Oklahoma, so country music is your roots. How is your new album a reflection of that? It’s so funny, because I get asked, “Why a country album now?” But that’s how it all began for me. Of course, why would anyone know that? It’s not something I’ve been talking about a lot, but it’s the music I grew up listening to. One of my biggest influences is Dolly Parton, and when you look at the history of songs in musical theater and in country, they’re both usually great storytellers.

I know just how lucky I am to do this kind of music. Getting to go to Nashville and sing this music that feels like home to me was a real gift, and one that I don’t take lightly.

The song “What Would Dolly Do?” reminds me a lot of Dolly herself. I co-wrote that. [Producer] Bob Ezrin asked, “Who’s had the biggest influence on you country music-wise?” I said, “Dolly, without question.” And he said, “How would she approach it? Let’s think: What would Dolly do?” I said, “Bob, why aren’t we writing that song?”

There’s something about her that I feel very attuned to. There’s only one Dolly. I’m not comparing myself, but I’m just saying her spirit and the way she looks at life is pretty similar to me. And the cover I did of hers [“Change”] is actually a very emotional thing and it reminded me — of course, how could I ever forget? — what an amazing songwriter she is. You know, I didn’t do a lot of covers. I did two covers, one of Carrie [Underwood] and one of Dolly’s, and I just love both of them. I love their music, I love their spirit — everything they stand for.

It makes total sense, because, to me, both you and Dolly epitomize happiness. Oh my god, thank you. That’s the biggest compliment you could give me.

So, being so happy… what pisses you off? Oh, gosh! I don’t really get mad that often. But I’m not going to lie: When I do, there’s a quiet that comes over me that is a little like whoa, and that happens when I don’t feel other people are prepared or doing their job or pulling their weight. I come from a family where my dad came from nothing and worked hard to get where he is, and he said, “Work hard, play hard, Kris,” and I guess that’s kind of been my motto in life. So when I see people squandering opportunities or having a sense of entitlement, that really makes me crazy. Because I don’t understand it. It’s not a world I get.

One thing that does make you upset is homophobic people. I don’t like that, you’re right.

Your letter in response to that Newsweek column said it all. Why was it important to address your feelings on that issue? To be honest, I wasn’t prepared for what was going to happen. I was on Broadway doing Promises, Promises, and I read the article and I actually thought it was pretty irresponsible. I’m not even talking about whether a person agrees with being gay or not, I’m talking about artistry and gay

actors trying to play straight. It just made me mad, because I thought, “Well, I’ve played a prostitute, does that mean I am one? No.” I just thought it was a little bit of a bullying thing, and I honestly prayed about it — no kidding, I prayed about it.

And by the way, I’m a big fan of the magazine, which is why I was so bummed. But I think that they felt bad and hopefully there’s been some discussion about it and some learning, because that’s what we’re here to do on this Earth, to learn our purpose. Well, one of my purposes in this life — since I’m a believer and a Christian — is to help people realize that not every Christian thinks that being gay is a sin.

To reinforce your point, you made out with your Promises, Promises co-star Sean Hayes at the Tonys last year. It might’ve been a little jibe. It might’ve been a little one! Ha!

What was it like to make out with a gay man? Was that your first time? Well, let’s face it, my high school boyfriend is gay, so I don’t think it’s my first time making out with gay men! I bet a lot of women don’t even know they’ve done it! And Sean Hayes is just a darn good kisser, what can I say?

Wait, so you dated a gay man in high school? Yeah, and I’m like, “Well, that’s why we were such a great couple!” He didn’t pleasure me in any way but he helped me pick out my prom dress!

Was he one of the first gay people you knew in Oklahoma? Yeah. I want to tell you something I know about myself: When I was in the second or third grade, I first heard the word “dyke,” and it was in reference to a girl in our school who was very, very tomboyish. I didn’t really understand what the word was, but I knew I didn’t like the way it was said. And for some reason I’ve always been drawn to the person that was alone, and I don’t mean to make me sound like I’m Mother Teresa, because I’m not. But I’ve always been drawn to people who felt left out or different, and maybe it’s because, I too, felt different and unique. People would not think this of me, because there’s this perception of me that, “Oh, life’s been perfect and things have come so easily.”

But let’s face it: My speaking voice is very interesting. Yes, I was a cheerleader but I also wanted to do all the plays, I was in renaissance choir, and, I too, felt a little bit like an outsider. I was always drawn to people who felt that way, too. And sure, some of them were gay and I never did understand — I guess the word is fear.

God made us all equal. He made me short, he made someone gay, he made someone tall — whatever it is, it’s not a sin; it’s how we’re made. And that’s the way I feel about it. It flies in the face of a lot of what Christians believe, but as I’m finding out there’s a lot of Christian people who think the same as me. So that’s my deal, and I think we should not be careful of the unknown but rather accepting and loving of it.

As someone who’s Christian and supports the gay community, how do you feel about the pray-away-the-gay program that Michele Bachmann supports? [Long pause] You know what, you can have your opinion. One of the great things about being in this country is we get to freely say what we believe. I just don’t happen to agree with that. Though I like the “pray” part!

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

—  Michael Stephens

HRC wonders why Oklahoma leaders haven’t condemned Sally Kern’s latest anti-gay remarks

Oklahoma State Rep. Sally Kern

Last week we told you about Republican Oklahoma State Rep. Sally Kern’s latest anti-gay rant, in which she repeated her infamous three-year-old claim that homosexuality is a bigger threat to the U.S. than terrorism (listen to the audio below).

In response to Kern’s rant, the Human Rights Campaign is asking people to send emails to Oklahoma legislative leaders calling on them to denounce Kern’s statements. So far, the campaign has generated more than 200,000 emails, according to HRC. However, Oklahoma Gov. Mary Fallin and House Speaker Kris Steele — both also Republicans, naturally — have remained silent.

“The silence of Governor Fallin and Oklahoma’s legislative leadership is deafening, particularly given the number of people we now see calling on them to speak out,” HRC President Joe Solmonese said in a press release today. “Enough is enough. Sally Kern has a long track record of outrageously slandering LGBT Americans, ethnic and religious groups, and women. It’s time for Oklahoma’s leaders to stand up to her bigotry and hold her accountable for her remarks.”

Don’t hold your breath, Joe.

—  John Wright

Sally Kern: Gays (and Gaga) are the real haters!

Rep. Sally Kern

In case you missed Oklahoma State Rep. Sally Kern’s appearance on Tim Wildmon’s American Family Radio, she was on promoting her new book, The Stoning of Sally Kern.

Wildmon is the president of the hate group the American Family Association. Kern is the legislator whose district includes a large number of those killed in the Oklahoma City bombing, but who says that homosexuals are a bigger threat to this country than terrorists.

On the show, Wildmon said, “Nobody hates the individual homosexual.”

That’s great to know.

“To me what is hateful is when those people who say ‘you’re born this way, there’s no hope in change, you’re stuck in this, deal with it,’ that is hate,” Kern responded. “There’s no hope in that.”

—  David Taffet

What’s Brewing: Rick Perry deluded; Okla. sees big jump in gay couples; American backs ENDA

Your weekday morning blend from Instant Tea:

1. Gov. Rick Perry is apparently operating under the delusion that he’s a minister and the state of Texas is his church, according to the transcript of a speech Perry made to East Texas business leaders in May to raise money for his “day of prayer and fasting” in Houston on Aug. 6. “At 27 years old, I knew that I had been called to the ministry,” Perry said, according to the transcript obtained by the Houston Chronicle. “I’ve just always been really stunned by how big a pulpit I was gonna have. I still am. I truly believe with all my heart that God has put me in this place at this time to do his will.”

2. New Census data released today shows a big increase in the number of same-sex couples in Oklahoma. Anti-gay State Rep. Sally Kern says she isn’t surprised but finds the situation “regrettable”: “I think the influence of the church plays a factor here, we have more churches today … that are saying homosexuality does not go against biblical truth,” Kern said. “Another factor is homosexuality is being taught in our schools as a normal and acceptable lifestyle, so when that happens, you are going to have more young people coming out of school who have a more favorable attitude towards homosexuality.”

3. Fort Worth-based American Airlines has again expressed support for the federal Employment Non-Discrimination Act, which would ban workplace discrimination against LGBT people. In a letter to members of Congress, the airline writes: “On behalf of our 80,000 employees, American Airlines is proud to express our strong support for S. 811 and H.R. 1397, the Employment Non-Discrimination Act, which would extend basic job protections to gay, lesbian, bisexual and transgender Americans. We are proud to have been the first major airline to implement same-sex domestic partner benefits, first to implement both sexual orientation and gender identity in our workplace non-discrimination policies, and first to have a recognized LGBT employee resource group – GLEAM. Our endorsement of ENDA is consistent with our longstanding ‘Statement of Equal Opportunity.’ The principles fostered by ENDA are consistent with our corporate principles in treating all employees with fairness and respect.”

—  John Wright