Same-Sex Marriage Update

[christie]

Originally Posted by MsTinkerbelly

Meanwhile, Prof. Tobias Wolff, who helped the equality side with Prop 8 litigation during the California Supreme Court phase, just emailed me the following opinion on the 9th Circuit’s stay ruling and its significance to the case:

AFER’s optimistic assessment is not just spin. The Ninth Circuit’s expedited briefing schedule is significant. Also highly significant (though AFER does not mention it in their release) is the Ninth Circuit’s instruction to the parties to focus particular attention on the question of whether the appeal should be dismissed for lack of jurisdiction due to the proponents’ lack of independent standing.

A victory in this appeal on the jurisdiction / standing issue would be phenomenal. Although the principles established in Judge Walker’s ruling would only result in the striking down of Proposition 8, rather than the establishment of marriage equality nationwide, dismissal of the appeal would eliminate the risk associated with bringing these claims before the Supreme Court of the United States — the most conservative Court that we have had in the last fifty years, in many respects — and Judge Walker’s devastating analysis of the factual record and the utter lack of evidence supporting any reason for excluding same-sex couples from marriage would remain on the books and be available for us to cite in all our future efforts at litigation and legislative reform.

It is frustrating that California couples will need to wait yet longer to have their rights vindicated, but this order holds much promise for the successful elimination of Proposition 8 once and for all.

UPDATE BY EDEN: California Assembly Speaker John A. Pérez (D-Los Angeles), the state’s first openly gay legislative leader, has issued the following statement:

“Today’s ruling by the Ninth Circuit panel is consistent with the fact that groundbreaking decisions are often stayed pending appeal. The fact that the Court is expediting the hearing schedule only underscores the point Judge Walker made in his ruling: LGBT Californians have suffered, and are suffering, from having our constitutional right to equal protection and due process violated every moment Prop 8 remains in effect. This ruling is a reflection on established legal convention, and in no way diminishes the powerful and eloquent statement in defense of our constitutional rights Judge Walker made in his ruling.”

Just an FYI about the prop 8 trial tracker - we got to meet Phyllis (one of the NOM trackers) on Sunday - she was just great. There is a pic posted of yours truly and Jess about halfway down the page. I'm the one with the pink (ugh) backpack! Our son is the tall kid in the plaid hat behind us. Its not the greatest picture in the world - after a morning of touristy hell in the rain, we were just glad to be standing still!

Also - lil fella, Will Phillips - well, I won't be surprised if he is a world leader. Its amazing what our kids can teach us if we listen.

[MsTinkerbelly]

Originally Posted by christie0918

Just an FYI about the prop 8 trial tracker - we got to meet Phyllis (one of the NOM trackers) on Sunday - she was just great. There is a pic posted of yours truly and Jess about halfway down the page. I'm the one with the pink (ugh) backpack! Our son is the tall kid in the plaid hat behind us. Its not the greatest picture in the world - after a morning of touristy hell in the rain, we were just glad to be standing still!

Also - lil fella, Will Phillips - well, I won't be surprised if he is a world leader. Its amazing what our kids can teach us if we listen.

Awesome picture!

I had seen the picture when looking through the site...I love seeing pictures of Butch-Femme couples!

[Cyclopea]

Originally Posted by christie0918

Just an FYI about the prop 8 trial tracker - we got to meet Phyllis (one of the NOM trackers) on Sunday - she was just great. There is a pic posted of yours truly and Jess about halfway down the page. I'm the one with the pink (ugh) backpack! Our son is the tall kid in the plaid hat behind us. Its not the greatest picture in the world - after a morning of touristy hell in the rain, we were just glad to be standing still!

Also - lil fella, Will Phillips - well, I won't be surprised if he is a world leader. Its amazing what our kids can teach us if we listen.

Great Pic!
http://www.flickr.com/photos/courage...gn/4895011402/

[Soon]

Originally Posted by Cyclopea

Great Pic!
http://www.flickr.com/photos/courage...gn/4895011402/

Ya cuties!!!

Fabulous!

[christie]

Originally Posted by Cyclopea

Great Pic!
http://www.flickr.com/photos/courage...gn/4895011402/

Originally Posted by HowSoonIsNow

Ya cuties!!!

Fabulous!

Oh wow. That's us! LOL I had no clue it was posted elsewhere!

There was one of us really smoochin - the fella made us hold it for his shot. I have NO clue as to where that one wound up!

It was great to be there. I was disappointed that the counter rally was a MILE away from the NOM nutjobs. It was also an unexpected surprise that our hotel was on the corner opposite the HRC Natl HQ.

I do think that I was really nice to some of the NOM folks at the Natural History Museum - they were standing in front taking pictures of one another and I offered to take one of them as a group. A couple of the ladies were really gracious while the older man and woman looked as if they wished the earth would open and swallow me. Oh well. Kill 'em with kindness!!

[Soon]

Latin America ahead of U.S. on same-sex marriage

Countries such as Mexico and Argentina have shown recognition that religion and civil law have different roles to perform in marriage, something absent in the debate in the U.S.

As California and the United States struggle with the issue of same-sex marriage at the polls and in courtrooms, Latin America is moving more broadly toward acceptance of this basic human right. Last month, Argentina became the first nation in the region to legalize such marriages, granting wedded gay and lesbian couples the same legal rights, responsibilities and protections as heterosexuals. Following suit, senators from the opposition Socialist Party in Chile introduced a bill proposing to remove the "man and woman" clause from the marriage law there. And Mexico's Supreme Court, which had upheld a law enacted in March permitting same-sex marriages in Mexico City, issued a 9-2 decision this week that gay marriages performed in the capital — a federal district like Washington, D.C. — must be recognized by all 31 states in the republic.

This is a wrenching issue for traditionally conservative and deeply religious countries, influenced by Roman Catholic and Protestant evangelical churches opposed to gay unions. Church leaders have taken strong public stands against gay marriage in Argentina and Mexico. But throughout Latin America, marriage is a civil institution performed by the state. The recognition that religion and civil law have different roles to perform in marriage is often painfully absent in the debate in this country; Latin American nations have hewed to that distinction and are better off for it. The Mexican Supreme Court is not liberal so much as committed to the primacy of civil law.

Still, there is political opposition too. Conservative Chilean President Sebastian Pinera has pledged to expand the rights of same-sex couples seeking civil unions, but says he believes marriage should be between a man and a woman. Mexican President Felipe Calderon's conservative National Action Party has close ties to the Catholic Church, and his government had challenged Mexico City's gay marriage law on the grounds that it violated constitutional protections of the institution of the family and procreation.

The Mexican Supreme Court overruled the president. It determined that the Constitution does not define "family," procreation is "not an essential element of marriage," and same-sex marriage does not interfere with the rights of those who want to conceive. The court is to rule on another challenge to Mexico City's law allowing same-sex couples to adopt children.

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The legal battles are far from over in Mexico, however. Although the court said states must recognize the marriages performed in the capital, it did not require the states to reform their laws to allow same-sex marriages. It also left the door open for states to legislate on divorce, pensions, inheritances and other issues involving same-sex couples. Some undoubtedly will enact restrictive laws that will end up back in the courts. But that is part of the long march of progress. In the meantime, Latin America has made great strides toward ending discrimination and granting equal rights to gays and lesbians