What’s Brewing: Prop 8 case back before Calif. Supreme Court; Baldwin announces Senate bid

Congresswoman Tammy Baldwin
Congresswoman Tammy Baldwin at the Black Tie Dinner in Dallas last year.

Your weekday morning blend from Instant Tea:

1. The California Supreme Court will hear oral arguments today on whether sponsors of Proposition 8 have standing to defend the same-sex marriage ban in court. The state Supreme Court’s ruling, due within 90 days, will help determine whether a federal court takes up the sponsors’ appeal of a decision declaring Prop 8 unconstitutional.

2. Congresswoman Tammy Baldwin, D-Wisc., formally announced today that she’s running for U.S. Senate. If she wins, Baldwin will become the first openly LGBT person to serve in the Senate. “The fact is, I’ve been honest about my sexual orientation my entire adult life,” Baldwin told the Milwaukee Journal Sentinel. “And integrity is important in public service. But what voters are looking for is somebody who understands them, is fighting for them and won’t give up. The election is not going to be about me, it’s about the voters.”

3. LGBT activists glitter-bombed an anti-gay group from a chair lift at the Minnesota State Fair this weekend. The anti-gay group, Minnesota for Marriage, reportedly was given preferential treatment to distribute literature at the fair over a pro-equality group, Minnesotans United for All Families. Watch the glitter-bombing below.

—  John Wright

Candidate touts Democratic values

Sean Hubbard plans to campaign as a liberal, including supporting same-sex marriage

DAVID TAFFET  |  Staff Writer
taffet@dallasvoice.com

“I’m tired of the Democratic Party being afraid,” said Sean Hubbard, 30, who is running to take Sen. Kay Bailey Hutchison’s place in the U.S. Senate.

With the vacancy left by Hutchison’s decision not to run for re-election, this election cycle presents the Democrats with a rare opportunity that might not come around again for another generation.

Although Hubbard filed with the Federal Election Commission three days before Hutchison announced her plans to retire, her departure leaves a rare opening.

At the time he registered his intention to run for the Democratic nomination for the seat, Hubbard thought Hutchison’s recent turn to the right was a ploy to head off a Tea Party challenge. Instead, her departure presented an opportunity.

In the general election, Hubbard said, he’d rather run against a Tea Party candidate than a well-funded, well-known opponent like Texas Lt. Gov. David Dewhurst. But he’s prepared for either.

Only one other candidate has indicated an intention to run for the seat on the Democratic ticket by filing with the FEC — Gen. Ricardo Sanchez who was commander of coalition ground forces in Iraq in 2003-04. Candidates have until Jan. 1 to register for the 2012 election.

Hubbard has been speaking to party leaders across the state. After the resounding defeat of Houston Mayor Bill White in his race against incumbent Gov. Rick Perry in 2010, few well-known names in the Democratic Party appear to have an appetite for a statewide race in Texas.

Hubbard cites some of the mistakes recent candidates have made, including running from core Democratic values.

“I’m an open supporter of gay marriage,” he said.

He bases his opposition to civil unions on Brown vs. Board of Education and said that separate is not equal.

Stonewall Democrats of Dallas was one of the first groups Hubbard visited to ask for support.

He also supports a stronger focus on public education and hiring more teachers, rather than firing them.

“The goal of Republicans is to destroy public education,” he said. “I have to make sure Texas has schools that teach about Thomas Jefferson and not the Heritage Foundation.”

Hubbard said that attracting the Latino vote is crucial to his campaign, and he has visited both LULAC and Rainbow LULAC chapters in Dallas. He said his understanding of immigration issues comes from his wife, who arrived in this country as a refugee from Cambodia. She was born in a Khmer Rouge concentration camp and is currently expecting the couple’s first child.

“I have to work for the Latino vote,” Hubbard said. “Without it you can’t win,” adding that not fighting for those votes was one of White’s biggest campaign mistakes.

Hubbard said his age is always part of the discussion about his candidacy. But within the Democratic Party, he said it’s been a plus.

“We need young blood in there,” he said party leaders have told him. “It’s time to get younger people involved.”

He notes that he’s already older than Vice President Joe Biden was when he was first sworn into the Senate.

Hubbard was born in Austin and raised in Scurry, a small town in Kaufman County. He graduated from UT Dallas with a major in political science and economics. Currently he works for a family-owned company that sells doors and moldings to custom home builders.

Hubbard said that while he expects Republican candidates to talk about deficit reduction, he plans to talk about job creation.

“We should be talking about jobs and not the debt ceiling,” he said.

His jobs plan includes increased spending for infrastructure to build high-speed rail — in which he’d like Texas to lead the nation — and roads and bridges.

He’d give tax credits to small businesses that hire more employees and would like to see government-funded training for green energy jobs.

Low-interest loans should be given to people who want to start green industry businesses, Hubbard believes.

“Banks need to lend a certain percentage of money they are given from the government,” he said. “They can’t just sit on it for cash reserves.”

He said there’s no evidence that cutting spending creates jobs, as Republicans suggest.

Hubbard said he looks forward to campaigning with President Obama next year.

“Running away makes you look ashamed and disingenuous,” he said. He called that a mistake other Democrats have made.

He said when Texans are asked who they like better, Obama polls higher than Perry. Hubbard said that this was the right time for him to run.

“I don’t believe in waiting until the time is right,” he said, “Because the time will never be right.”

Hubbard said he understands the fundraising challenge and has a successful, retired Democratic fundraiser from Kentucky working with him. The fundraiser came out of retirement to work on the Hubbard campaign because he liked that the candidate is not afraid to run as a Democrat in Texas.

“I’m invested in the future of this country,” Hubbard said. “I’m 30 years old, and about to have a baby. I have to make sure America succeeds. I have to make sure Texas succeeds.”

If elected, he plans to live in Texas and commute home weekends. He wants his children to attend Texas public schools.
But Hubbard is realistic about his chances.

“I know I’m a long-shot candidate,” he said, “But I represent Democratic values.

—  John Wright

Senate hearing on DOMA repeal is set

‘Respect for Marriage Act’ has 27 co-sponsors so far, all Democrats

LISA KEEN | Keen News Service
lisakeen@me.com

The U.S. Senate Judiciary Committee has scheduled Wednesday, July 20, at 10 a.m. to hear testimony on a bill to repeal the federal Defense of Marriage Act.

The specific bill in question is the “Respect for Marriage Act” (S. 598), introduced by Sen. Dianne Feinstein, D-Calif., for herself and Sens. Kirstein Gillibrand, D-NY, and Patrick Leahy, D-Vt.

Leahy, chairman of the Judiciary Committee, announced last week he would hold a hearing on the bill — the first Congressional hearing on a proposal to repeal DOMA.

The Respect for Marriage Act would also stipulate that, “for the purposes of any federal law in which marital status is a factor, an individual shall be considered married if that individual’s marriage is valid in the State where the marriage was entered into. …”

It also calls for recognition of marriages licensed in other countries.

The bill currently has 27 co-sponsors, including Sens. Barbara Boxer, D-Calif., Sherrod Brown, D-Ohio, Richard Durbin, D-Ill and John Kerry, D-Mass.

No Republicans have yet co-sponsored the bill.

Live webcasts of Senate Judiciary Committee hearings can be viewed at the committee’s website: judiciary.senate.gov.

© 2011 by Keen News Service. All rights reserved.

—  John Wright

Statement puts lesbian Congresswoman Tammy Baldwin a step closer to historic Senate bid

Congresswoman Tammy Baldwin

Press release from Wisconsin Democrat’s campaign identifies her as ‘likely candidate’ for seat being vacated by Herbert Kohl

LISA KEEN | Keen News Service
lisakeen@me.com

Her campaign stationery says “Tammy Baldwin 2012.” But the text of the July 13 press release walks the U.S. House’s only openly lesbian member one step closer to an historic bid for a U.S. Senate seat:

“She is a likely candidate for the U.S. Senate seat being vacated by Sen. Herb Kohl (D-WI).”

That statement echoed a comment she made to the Capital Times newspaper in Madison July 2 when she said, “I think I am likely to run.”

If she does enter the race, Baldwin will become the first openly gay person to make a run for the U.S. Senate. And clearly, her supporters are urging a bid.

According to the press release, Baldwin raised more than $435,000 in the month of June, the month after the Gay & Lesbian Victory Fund reported sources close to Baldwin as saying she was eyeing the seat.

Kohl announced May 13 that he would retire, rather than run for re-election in 2012. Newspapers in Wisconsin immediately began identifying a list of potential candidates that included Baldwin.

Others mentioned, on the Democratic side, include former U.S. Sen. Russ Feingold, who lost his re-election bid only last year to newcomer Republican Ron Johnson.

Feingold would be considered the Democrats’ strongest candidate because of his name recognition and long-time service in the Senate.

A Public Policy Polling survey in May of 784 likely Democratic primary voters in Wisconsin found 70 percent supported Feingold for the seat; Baldwin came in second with 12 percent. Six other Democrats earned between one and five percent each.

“Remove Feingold from consideration,” said a Public Policy Polling press release May 27, “and the race becomes considerably more wide open, but Baldwin would start out with 30 percent….”

Her closest competitors, according to the survey, would be former U.S. Rep. Steve Kagen with 17 percent and current Rep. Ron Kind with 16 percent.

Capital Times Executive Editor Paul Fanlund said, in a July 5 article, that Baldwin is “steaming toward a 2012 candidacy” for the Senate seat and “it almost seems the only person who could alter her course is former senator Russ Feingold … .”

Feingold has said he would make an announcement of his intentions in September. But he urged other Democrats considering a bid to go ahead with their plans and not wait for his decision.

Baldwin told the Capital Times she thinks she would have to raise between $15 million and $20 million for a Senate race.

Her July 13 press release indicates that her July 15 quarterly report to the Federal Election Commission shows she has raised $502,485 “for the second quarter” of the 2011-2012 election cycle. For the same second quarter in the previous election cycle (2009-2010), she reported raising $107,533.

At her July 15 quarterly in 2009, she had $561,563 cash-on-hand in her campaign coffers. Her press release this month says she has $1.1 million.

© 2011 by Keen News Service. All rights reserved.

—  John Wright

Oetken sidesteps questions on brief in sodomy case

Paul Oetken

Gay court nominee says arguments in brief he wrote for Lawrence v. Texas expressed his client’s views, not necessarily his

LISA KEEN  |  Keen News Service
lisakeen@mac.com

When openly gay federal district court nominee Paul Oetken went before the U.S. Senate Judiciary Committee in March, Sen. Charles Grassley was the only Republican who showed up.

 

He introduced Oetken, who was born in his home state of Iowa, but had no questions.

But not all questioning takes place in front of cameras. Some takes place on paper, and that’s where Grassley grilled Oetken over his positions on gay-related issues, and Oetken responded in a way that might make some LGBT activists cringe.

“Do you personally believe that government classifications based on sexual orientation deserve a heightened level of scrutiny?” asked Grassley, in one of 17 questions to Oetken.
Grassley’s question concerned a brief Oetken wrote for the National Gay and Lesbian Bar Association and submitted to the U.S. Supreme Court in support of overturning laws prohibiting same-sex sexual relations.

The case was Lawrence v. Texas and, in 2003, a majority of the Supreme Court did overturn such laws. Oetken’s brief argued that the courts should use the strictest form of scrutiny when examining laws that treat gay people differently.

In responding to Grassley, Oetken put some distance between himself and the brief, saying, “I have not expressed a personal view on this subject. The arguments in the amicus brief that I co-authored in Lawrence v. Texas were arguments made on behalf of clients.”

“Although I believed that there was a good faith basis in Supreme Court precedent for making those arguments [in the brief], they do not necessarily reflect how I would approach these issues as a district judge,” wrote Oetken.

Oetken also put some distance between his brief and the Supreme Court’s decision, noting that, “The Supreme Court in Lawrence v. Texas did not decide that case under the Equal Protection Clause, but rather under the Due Process Clause, and it therefore did not decide the issues addressed in my amicus brief in that case.”

Oetken also said, “If confirmed as a district judge, I would apply the applicable precedents of the Supreme Court and the Second Circuit.”

Republican Sen. Jeff Sessions also submitted written questions about Oetken’s brief in Lawrence. Sessions noted that Oetken had argued that the issue of physician-assisted suicide should be decided by each state legislature.

He quoted Oetken saying, the issue of physician-assisted suicide “should stay where it belongs, in the legislatures” because the states’ “varied approaches to the issue may, over time, aid in forming a national consensus, making it possible for Congress to resolve it through national legislation.”

But Sessions was interested in how Oetken could argue, in 2002, to leave the suicide issue to the states and then argue, in 2003, “that Texas’ anti-sodomy law was something that warranted federal intervention. …”

Oetken, again, noted that the Lawrence brief included “arguments made on behalf of clients.”

His argument to leave the suicide issue to the states, he said, was appropriate given that there was no federal legislation addressing it.

Oetken’s nomination was reported out of committee on April 7 and is awaiting a vote by the full Senate.

© 2011 Keen News Service. All rights reserved.

—  John Wright

Rep. Tammy Baldwin ‘very likely’ to run for Senate

Congresswoman Tammy Baldwin, D-Wisconsin, speaks during the 2010 Black Tie Dinner in Dallas. (John Wright/Dallas Voice)

Wisconsin congresswoman would be 1st openly gay person to serve in upper house

LISA KEEN | Keen News Service

U.S. Rep. Tammy Baldwin’s office is, thus far, silent on whether the openly gay legislator might make a bid for the U.S. Senate. But buzz about that possibility is hot, particularly within the LGBT community because, if successful, Baldwin would become the first openly gay person to serve in the U.S. Senate.

An aide to Baldwin did not respond to this reporter’s inquiry.

But the Wisconsin Democratic chair told reporters in a phone call with state media outlets that Baldwin is “very seriously considering running,” according to the Milwaukee Journal. The Journal added, “A close adviser to Baldwin echoed that sentiment.”

The Gay & Lesbian Victory Fund, which supports openly gay candidates, indicated on its website that “sources close” to Baldwin said she is “very likely” to run.

“This would obviously be a top priority for us,” said Victory Fund president Chuck Wolfe, according to the website. “This would be a remarkable milestone for LGBT Americans. Congresswoman Baldwin is one of the most admired public officials I know. She would have the strong support of those who want to see our economy work for all Americans, and who believe that all voices deserve a place at the table.”

The Victory Fund even launched a petition where people can “tell Tammy Baldwin we need her voice in the Senate.” Sign it by going here.

There is no shortage of potential candidates for the seat being vacated by retiring Sen. Herb Kohl, the incumbent Democrat from Wisconsin. Kohl made an announcement May 13 that he would not seek re-election in 2012 — an announcement that had not been expected.

Newspapers in Wisconsin immediately began identifying a list of potential candidates — a very long list — that included Baldwin. Others mentioned, on the Democratic side, include former U.S. Sen. Russ Feingold, who lost his re-election bid only last year to newcomer Republican Ron Johnson.

Most prominent in the GOP category is Rep. Paul Ryan, who has been much in the news for his proposals, as chair of the House Budget Committee, to make enormous cuts in spending.

Ryan said he would make his decision in the next few days. A former aide to Feingold said Feingold would probably decide within the next month.

The Democratic Party of Wisconsin holds its annual convention in Milwaukee beginning June 3, so some candidates may hold off on their decisions until they have a chance to test the waters with state party leaders.

The 2010 Senate race in Wisconsin was a very close one, with Republican Johnson winning with 52 percent of the vote, over incumbent Feingold’s 47 percent. Political maps of party leanings show a state with several pockets of Democrat and Republican voters, but more than half the state leans toward no particular party.

The Milkwaukee Journal quoted one of the state’s Democratic strategists as saying a key to determining who will emerge as a viable candidate is who can show the ability to raise between $2 million to $4 million just for the primary.

Baldwin needed only $1. 2 million last year to win re-election to her seventh term.

She has represented the district that includes Madison, with a focus on health issues.

Baldwin, who turned 49 in February, graduated from Smith College in Northampton, Mass., and earned a law degree from the University of Wisconsin Law School. She was elected Dane County Supervisor for four terms, then served three terms in the State House of Representatives, before running for Congress. With her election in 1998, she became the first woman from Wisconsin to serve in the U.S. House and the first non-incumbent openly gay person to win a seat to Congress.

As one of four openly gay people in the U.S. House, Baldwin has been a leader on numerous bills of interest to LGBT people and a prominent voice for ensuring that legislation covers all sexual minorities.

© 2011 Keen News Service. All rights reserved.

—  John Wright

Tom Leppert has raised $1.1 million in the month since he threw you under the bus

Tom Leppert

Hard to believe, but it’s been well over a month since Tom Leppert stepped down as Dallas mayor and sent out his infamous anti-gay Tweet, before announcing that he’s running for U.S. Senate.

Later, of course, we discovered that the Tweet wasn’t the half of it: Leppert came out on his campaign website against both same-sex marriage and civil unions. (In other words, he believes your relationship is shit.)

Leppert announced today that he’s raised $1.1 million during the first month of his Senate campaign, in addition to a personal investment of $1.6 million. When campaign finance reports come out, it’ll be interesting to see how much of Leppert’s money thus far has come from anti-gay groups. Regardless, he has a ways to go: According to The Hill, observers say candidates will have to spend upward of $20 million to be competitive in the Republican Primary.

The Hill also says Leppert’s campaign “will be built around his time in the mayor’s office.”

Except, of course, for the part where he hired an openly gay chief of staff and appeared in two gay Pride parades.

 

—  John Wright

Meet David Kunkle at Stonewall Young Democrats — and enjoy 2 free UV Vodka cocktails!!!

David Kunkle

Fresh off his endorsement for mayor from Stonewall Democrats of Dallas, former Police Chief David Kunkle is scheduled to appear tonight at the regular meeting of Dallas Stonewall Young Democrats. The Stonewall Democrats endorsement, of course, applies to the Stonewall Young Democrats, who will also hold their 2011 officer elections tonight.

The DSYD folks got on Instant Tea a while back for highlighting their use of free adult beverages to promote their meetings, and this time we received a very official press release about the event with absolutely no mention of alcohol whatsoever. However, over on the Facebook page we found this: “Attendees can enjoy complimentary UV Vodka cocktails (limit two) during the meeting.”

Also attending the meeting, according to the Facebook page, will be U.S. Senate candidate Sean Hubbard and James Nowlin, the openly gay challenger who was endorsed by Stonewall Democrats in his race against incumbent City Councilwoman Angela Hunt in District 14. Members of Stonewall Young Democrats reportedly played a pivotal role in swinging the endorsement to Nowlin.

The meeting is from 7 p.m. to 9 p.m. at DISH Restaurant and Lounge in ilume, 4123 Cedar Springs Rd, Suite 110. For more info, go here.

—  John Wright

Stonewall endorses Kunkle, Nowlin

David Kunkle

Stonewall Democrats of Dallas endorsed former police chief David Kunkle for mayor and openly gay candidate James Nowlin for the District 14 City Council seat on Saturday.

Kunkle and Nowlin were among 12 who received the LGBT group’s backing after 57 members interviewed 23 candidates in May 14 municipal elections, during a seven-hour session at Resource Center Dallas.

Stonewall’s endorsement of Kunkle came after Ron Natinsky pulled out of the candidate screening when he learned he would not be eligible for the group’s backing because he’s a Republican. Despite his party affiliation, Natinsky has received endorsements in the mayor’s race from some prominent gay Democrats, including openly gay former City Councilman Ed Oakley. Municipal elections are nonpartisan.

The other two candidates for mayor, Mike Rawlings and Edward Okpa, also sought Stonewall’s endorsement.

In heavily gay District 14, Nowlin beat out incumbent Angela Hunt for the group’s backing, despite the fact that Hunt has been an LGBT ally on the council.

Stonewall also endorsed Delia Jasso for District 1, Pauline Medrano for District 2, Scott Griggs for District 3, Monica Alonzo for District 6, Cassie Pierce for District 7, Cynthia Durbin for District 10 and William Tsao for District 12.

The group opted not to endorse Dallas Mayor Dwaine Caraway, who’s seeking re-election to his District 4 council seat. Caraway is currently finishing out the term of former Mayor Tom Leppert, who stepped down to run for U.S. Senate. Stonewall also opted not to endorse Sheffie Kadane in District 9. Both Caraway and Kadane sought the group’s endorsement and attended Saturday’s screening.

A full press release after the jump.

Kunkle, Nowlin receive Stonewall endorsements

After seven hours and 23 interviews, 57 Stonewall Democrats of Dallas members selected to endorse in 12 races for the May 14 municipal election.

Former Dallas Police Chief David Kunkle won the endorsement for Dallas Mayor, which was ratified along with other races by the membership immediately after the endorsement screening ended at 4:45 p.m.

Also winning endorsements for Dallas City Council were Delia Jasso for District 1, Pauline Medrano for District 2, Scott Griggs for District 3, Monica Alonzo for District 6, Cassie Pierce for District 7, Cynthia Durbin for District 10, William Tsao for District 12 and James Nowlin for District 14.

The lone Dallas Independent School District candidate that sought the organization’s endorsement, Mike Morath, was endorsed for District 2.

Candidates for Dallas County School Board Trustees Anthony Pace for District 1 and James Hubener for District 4 were also endorsed.

Stonewall decided not to endorse interim mayor and District 4 City Councilmember Dwaine Caraway and City Councilman Sheffie Kadane for District 9. They were the only ones who screened in their respective races.

“We had a lively discussion and great participation,” said Jesse Garcia, SDD communications director. “Conversation and debate remained civil. We had great candidates seek our support and we’re proud that the process was fair and transparent.”

Stonewall Democrats of Dallas will work hard to promote endorsed candidates over the next eight weeks before Election Day Saturday, May 14.

The deadline to register to vote in time for the May 14 election is Thursday, April 14. Your registration card needs to be postmarked by April 14 or dropped off at the Dallas County Elections Department, located at 2377 N. Stemmons Freeway, Suite 820, in Dallas. Early voting takes place May 2-10.

Stonewall Democrats of Dallas will register voters Saturday, March 26, from 2 to 6 p.m., in front of Hunky’s, located at 3940 Cedar Springs Rd., in Dallas.

“The LGBT community needs to turn out to make sure our voice is heard,” said Garcia. “Only one in eight Dallas voters takes part in city elections. Heavy turnout in our neighborhoods will make a greater difference this time around.”

Candidates who were endorsed will be invited to speak at the next general meeting of the Stonewall Democrats of Dallas, 6 p.m., Tuesday, April 19, at Ojeda’s Restaurant, located at 4617 Maple Ave. in Dallas. Meeting is open to the public. For more information, visit www.stonewalldemocratsofdallas.org.

—  John Wright

Anti-bullying bill introduced in U.S. Senate

Democrat Sen. Bob Casey of Pennsylvania and lead co-sposnor Sen. Mark  Kirk, an Illinois Republican, along with 17 other co-sponsors today introduced the Safe Schools Improvement Act. According to a press release from the Gay Lesbian Straight Education Network (GLSEN), the bill is the first time a Senate bill with bipartisan support has specifically addressed bullying and harassment due to actual or perceived sexual orientation or gender identity.

Rep. Linda Sanchez, a California Democrat, is expected to introduce a similar bipartisan bill in the House in the coming weeks.

GLSEN said no federal law or policy exists so far requiring schools to adopt policies addressing bullying. Such laws at the state level vary greatly from state to state. Anti-bullying legislation introduced in this session of the Texas Legislature recently had enumerated lists of protected classes, including sexual orientation and actual or perceived gender identity and expression, removed to make it more palatable to right-wing conservatives who control both legislative houses.

Although versions of the Safe Schools Improvement Act have been introduced in previous congressional sessions, this bill introduced today is the first to specifically address cyber-bullying, according to a report by the Washington Blade.

—  admin