Thursday, November 27, 2008
The Preposterous Premise for Gay Marriage
We’re all playing by the same rules—we all have the same right to marry any non-related adult of the opposite sex. Those rules do not deny anyone “equal protection of the laws” because the qualifications to enter a marriage apply equally to everyone—every adult person has the same right to marry.
Homosexuals want the court to believe that because of their sexual desires they are a special class of persons that is being discriminated against. In other words, they think that sexual desires guarantee people special legal rights.
More here.
Wednesday, November 26, 2008
The No Crowd's Second Victim
Richard Raddon, the director of the Los Angeles Film Festival who has been at the center of controversy ever since it was revealed almost two weeks ago that he had contributed $1,500 to the campaign to ban gay marriage in California, resigned from his post over the weekend.
The nonprofit arts organization Film Independent sponsors both the Los Angeles Film Festival, held in May, and the popular Independent Spirit awards. Raddon is a member of the Mormon Church, which actively called on its congregants to work for the passage of Proposition 8, the constitutional amendment defining marriage as only between a man and a woman. It has been estimated that Mormons gave more than $20 million in support of the recently passed ballot measure.
After Raddon's contribution was made public online, Film Independent was swamped with criticism from "No on 8" supporters both inside and outside the organization. Within days, Raddon offered to step down as festival director, but the board, which includes Don Cheadle, Forest Whitaker, Lionsgate President Tom Ortenberg and Fox Searchlight President Peter Rice, gave him a unanimous vote of confidence.
The Culture War, Democratic Government, and the Courts
Maybe not. It's true that we've seen some wild things in the days since California voters approved Proposition 8 -- a measure on the state ballot prohibiting same-sex marriage. We've had the burning of the Book of Mormon. The mailing of envelopes filled with white powder to Mormon temples. And activists marching on Mormon churches with signs and shouts of "hate" and "bigot" directed at anyone who might have a difference of opinion.
In modern America, of course, these acts all come under the banner of "tolerance." And it's interesting that all those so outraged by the alleged disrespect toward the Quran shown by Guantanamo prison guards (the most sensational report was later retracted by Newsweek) appear unperturbed by the ugliness directed against our Mormon brothers and sisters. The temptation can be to saddle up the horse and ride out to take one's assigned place in the Great American Culture War.
Except for one little thing. What we have in America is less a culture war than a constitutional war. And if we could just straighten out the latter, we'd go a long way toward diffusing the former.
That much has become clearer in the wake of last week's decision by the California Supreme Court to review the legality of Proposition 8. In California, gay Americans have marriage in all but name -- which many Americans might think a pretty reasonable compromise. But courts tend to think in absolutes -- and when they intervene, woe unto the losing side.
The great achievement of our system was to create a political order where these great moral disputes, as a matter of policy, are left to the people -- with allowance for differences according to region and locale. Moral agents have a role to play, generally by shaping the larger culture in which these decisions are framed and debated. But the outcome is left to the people acting through their elected representatives, a process that inevitably involves compromise, trade-offs and messy accommodations.
More here.
Tuesday, November 25, 2008
Thomas Jefferson, the California Supreme Court, and Proposition 8
“A judiciary independent of a king or executive alone, is a good thing; but independence of the will of the nation is a solecism, at least in a republican government.”
"To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps.”
“A usurping judiciary will become a despotism.”
More here.
Florida Judge Rules Florida Ban on Gay Adoption Unconstitutional
MIAMI (AP) — A judge on Tuesday ruled that a strict Florida law that blocks gay people from adopting children is unconstitutional, declaring there was no legal or scientific reason for sexual orientation alone to prohibit anyone from adopting....
"Everywhere in the law where children are affected, the standard must always be what is in the best interest of the child," said Stemberger, an attorney in Orlando. "What is stunning to me is that when it comes to dealing with gays, that standard goes out the window. Children do better with a mother and a father."
More here.
The SSM Movement Is Not Comparable to the Civil Rights Movement
The civil rights struggle for racial equality was a deeply entrenched race caste system that was deeply rooted in the American psyche and integrated in the public policy agenda (Constitution) from the outset.
From slavery in the 17th, 18th and most of the 19th centuries to de jure and de facto segregation in the 19th and 20th centuries was a cultural impediment rooted in hate solely based on skin color that subjugated and marginalized black people in a very regimented way by the total society (women, children, foreigners, it didn't matter).
Signs were posted, protocols enforced and social (not legal) penalties enforced by the society (and reinforced by the courts). Discrimination could be imposed on sight. Not even the women's movement could be compared to America's race movement because not even women were mistreated, assaulted and killed with the frequency and volatility of the African American and Native American. Women, who were also discriminated on sight, were often turned (told to "go home") and assaulted if they persisted. African Americans were assaulted and killed if they persisted. Even womanists and feminists show a deference to the depth of hate waged against the African American and don't compare their movement to ours.
Not so with Gays and therein lies the problem. Sexuality is a disclosure (right of privacy) that allows people to be with who they please, in enjoyment and cohabitation. It also allows people to weigh their views on relationships against their moral values.
More here.
Pro-Marriage Advocates Support Mormons With Online Petition
"Anyone who participated in this process has come to admire the competence, diligence and moral courage that so many members of your faith community displayed as part of this coalition effort -- as Catholics, Evangelicals, Mormons, and people of other faith communities all came together to fight this great battle for marriage," says the petition, which is addressed to LDS President Thomas S. Monson.
More here
Is challenge to Prop. 8 already lost in California Supreme Court?
The California Supreme Court’s order last week to consider legal challenges to Proposition 8 contained one surprising twist -- the name of the sole justice who voted against hearing the cases.
Justice Joyce L. Kennard, a staunchly independent if not stubborn jurist, has a lengthy record of protecting gay rights, including the right to marry, and often sides with the underdog in rulings.
More here.
Monday, November 24, 2008
Legal Analysis of Proposition 8
In a series of columns beginning with this one, I will take up these complex questions in detail.
More here.
Highlights of Recent Proposition 8-Related Crimes
Riverside, Calif. » Forty to 50 signs supporting Proposition 8 were found arranged in the form of a swastika on the front lawn of a Roman Catholic church.
San Luis Obispo, Calif. » Vandals poured adhesive on a doormat, key pad and window at two LDS churches and peppered a nearby Assembly of God church with eggs and toilet paper.
Sacramento » Ten area church buildings were vandalized, according to The Sacramento Bee.
Orangevale, Calif. » An LDS chapel sign and walkways were tagged with the phrases, "No on 8" and "hypocrites."
More here.
Sunday, November 23, 2008
Anti-Defamation League Condemns No Crowd Protests for Targeting Specific Religion
"Although we strongly opposed Proposition 8, its passage does not justify the defacement and destruction of property. We urge Californians to channel their frustration and disappointment in productive and responsible ways to work towards full equality for all Americans. To place anyone in fear of threat to their houses of worship or their personal security because they have expressed deeply held religious views is contrary to everything this nation represents. Our Constitution's First Amendment protects freedom of speech, freedom of assembly and freedom of religion for all of us."
For other similar statements from opponents of Prop 8, read here.
Proposition 8: Victory for Individual Liberty
Proposition 8 was an unsung victory for defenders of individual liberty. Wait, I know what many people will say to this. How can a measure that prevents gay couples from getting a marriage license be beneficial to the defense of individual liberty? It's because that vote represented a line drawn in the sand, even if a thin one, preventing the government from furthering its control over the institution....
None of this is to say that homosexuals are inferior human beings who deserve less liberty. However, it's time for homosexuals to realize that their cause is not as worthy as that of women or blacks because what separates them from everyone else is most likely, at the biological level, merely a minor genetic defect. Likewise, defenders of individual liberty need to realize that even the bigots did everyone a favor here by temporarily delaying the state's advance on its control over even the definition of marriage.
It's possible that some of us have been wrong in judging many of the gay rights activists as being vicious totalitarian thugs in the aftermath of Proposition 8. So then, the challenge to them is to prove us wrong. They can start by offering up a counter proposition to dismantle state licensing of marriage in California and to allow each religious institution to define for itself what marriage is between consenting adult parties, as it always should have been. Surely, if this is really just about getting married, they can find willing parties among the Church of Scientology or the Unitarians at the very least.
More here.
More Gay Hate Toward the Mormons
This music video contains offensive language and sexual innuendo. I post it, however, because it is a perfect representation of the No Crowd for what they really are. It is a song by Margaret Cho protesting the Mormon involvement with Prop 8. For the typical non-atheist God-fearing person it is extremely offensive and hate-filled. Congratulations No Crowd, you are showing the world what type of people you really are.
Friday, November 21, 2008
The No Crowd's View on Why They Lost Prop 8
There's been a lot of outrage from the No on Proposition 8 camp since California voters approved a ban on gay marriage. But until now, there has been less soul searching about what went wrong. But Terry Leftgoff, founder of the Gay and Lesbian Business Assn. of Santa Barbara, has a thoughtful piece on WeHo News looking at how the opposition to Proposition 8 fell short. It did, he says, on several levels: A mixed message, failing to respond to attacks from Yes on 8 forces, little black and Latino outreach. A snippet:
The No on 8 campaign began by allowing the Yes on 8 proponents to define the debate and it was never able to recover. This violated the first rule of political campaigns, which is to never let your opponent define you first. After a near fatal slow start, every emotional attack ad from Yes on 8 received a tepid intellectual response from No on 8. That's true. The only response I heard to any of the Yes campaign's concerns was "that will never happen" or "you're just using fear tactics." Even the supposed legal analyses I read from the No Crowd simply quoted the law and said "under the law it will not happen." They completely ignored the slippery slope concern. This violated another rule of political campaigns, which is to quickly respond in equal kind to an attack so it is not allowed to penetrate the public mind. Instead of running a diverse multi-message campaign of persuasion, the media message was emotionless, monotone and uncompelling. Are you kidding me? I actually thought the media message from the No Crowd was the best part of their campaign. I especially liked the commercials based on the Microsoft v. Apple model. In short, the media messages failed to move or even educate voters about the issue and instead appealed to a single abstract principle -- equality -- that was not sufficiently persuasive or connected to the content of the proposition. Not just "equality" -- you also called us racists and bigots since afterall voting against same sex marriage is the equivalent of putting the Japanese internment camps or prohibiting blacks from marrying whites. I think what happened was that people saw through your disingenuous comparisons.
Ben Ehrenreich, writing in The Advocate, looks at whether No on 8 could have been run better. Lorri Jean of the L.A. Gay and Lesbian Center told him apathy was a problem:
Jean and others at the helm of the No on 8 campaign say they had a hard time awakening equivalent enthusiasm in the LGBT community, particularly because of the steady stream of polls showing Proposition 8 trailing by as much as 17 and 14 percentage points. “It was difficult raising money because of those polls,” Kors says, adding that the campaign’s internal numbers never reflected such comfortable margins of victory. “If we could have found a way to energize our community faster, we could have competed with them,” Jean says. “We experienced enormous complacency in our community until we finally put out the word that we were going down.” Well, now you have your energy -- all you needed to do was pick an easy target that is politically correct to stigmatize, i.e., the Mormons, and blame all of your woes on them. Next time around you should just run commercials saying how Mormons are evil and Prop 8 was just the result of Mormon money and Mormon effort.
Iowa Supreme Court Set to Hear SSM Case
"It could be a big step forward for Iowa and something Iowa could be proud of," said Justin Uebelhor, director of communications for One Iowa, an equality advocacy organization. "It is important for Iowa to take the lead on this."
Proponents of gay marriage spoke with the Press-Citizen editorial board Thursday, seeking editorial support in advance of a high-profile case next month.
Thursday, November 20, 2008
Why License Marriage?
Let's rethink Leviathan. The way I see it, Prop 8 was the necessary result of an over-intrusive, over-sized government. The piece below makes some similar points.
"Only marriage between a man and a woman is valid or recognized in California." So provides Proposition 8 that overturned the four-to-three decision of the California Supreme Court, which gave (albeit temporarily) gay couples the same right to form family unions as heterosexual couples.
Today's harsh skirmishing over Prop 8 starts from the common assumption that the state has the right to issue marriage licenses, so that the only question worth asking is whether it can discriminate between gay and straight couples. But to the libertarian, the antecedent inquiry is whether the state has any proper role in issuing marriage licenses at all.
More here.
City of Fremont Joins Legal Challenge Against Prop 8
FREMONT — A legal challenge to the validity of Proposition 8 — the recently approved ballot measure calling for a state ban on same-sex marriage — will include the city of Fremont as a petitioner.
After a sharp debate, the City Council voted 4-1 on Tuesday to join a petition initiated by the city and county of San Francisco to invalidate the measure, which defines marriage as being only between a man and a woman.
Wednesday, November 19, 2008
Castro Queers to Yes Crowd: Disagree with Us and We'll [Homo]Sexually Molest You
The Christians, a group of Evangelical Protestants who regularly go to the predominantly homosexual Castro District to sing songs and pray with passers-by, say they were holding hands and singing "Amazing Grace" when a angry mob began to shove and kick them, steal their belongings, pour hot coffee on their faces, and sexually assault them.
More here.
California Supreme Court Will Review Prop 8 Challenge
- The request to stay Proposition 8 is DENIED. This means that Proposition 8 is in effect and gay couples may not get married any longer in California. This, of course, could change if the Supreme Court overturns Prop 8, but for now Prop 8 is valid.
- The Yes on 8 Campaign and other official proponents of Proposition 8 are permitted to intervene as respondents. This means they will have party status in the case and can file oppositions to the legal challenges.
- The issues to be briefed include: (1) Is Proposition 8 a revision or an amendment to the California Constitution? (2) Does Prop 8 violate the separation of powers doctrine under the California Constitution? (3) If Prop 8 is not unconstitutional, what happens to the same sex marriages performed before Prop 8 was passed?
The L.A. Times has written an article about the order here. The San Francisco Chronicle has a piece on the order here.