Tag Archives: LGBT

This week in anti-gay temper tantrums

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We-dont-discriminate-stickerFirst up: Oral arguments in Bostic v. Schaefer before the Fourth District Court of Appeals are scheduled for May 13. The court will be hearing the appeal of Judge Arenda Wright Allen’s ruling that struck down Virginia’s anti-marriage Marshall-Newman amendment.

The Virginia “Family” (not yours) Foundation, in anticipation, is holding a 40 day “fast.” Don’t be alarmed, though. They won’t starve, or even lose any weight. The word “fast,” according to the clarification that appears on their website, and contrary to its common meaning, “does not translate” to “hunger strike.” It only means temporarily giving up something you kind of enjoy, like Diet Coke. Yes, Diet Coke is actually the example they cite. This word salad, apparently intended to explain the aforementioned desperate action, also appears:

Our state and nation are mired in a morass of confusion and post-modern thinking that does not believe in absolutes nor that any truth can even be known..

Huh? A bizarre statement, until you realize that it perfectly describes their own post-modern thinking. Martyrdom is just not what it used to be.

Next, from the Magnolia State: As you might imagine, Mississippi, like Virginia, has no civil rights provisions protecting LGBTI people from discrimination. Unlike, for example, in New Mexico, it is perfectly legal for the proprietor of a Mississippi business or public accommodation to refuse service to someone on the basis of their actual or perceived gender presentation or sexual orientation. It’s also perfectly legal to fire someone, deny them housing, deny them a bank loan, or any other form of discrimination that would be prohibited if it were on the basis of race, nationality, or religion.

That wasn’t enough for those in the state who see imaginary violations of their constitutionally protected religious freedom in every shadow, however. Earlier this month, the state legislature passed a bill, similar to the one famously vetoed by Arizona Governor Jan Brewer, that reiterates the “right” to discriminate that anti-gay bigots in Mississippi already enjoy, and effectively expands their “right” to discriminate against anyone else they dislike as long as they claim the discrimination is motivated by a “sincerely held religious belief.”

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Religious freedom is for everybody

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idologo400A funny thing happened when those who find marriage equality so upsetting started loudly complaining about alleged violations of their religious freedom: People whose religious freedom actually is being violated stepped forward.

As reported here last month, the first ever Witness for Love held in Loudoun County drew a number of local clergy, who testified to being barred from performing the rites of marriage for same gender couples in accordance with their faith. Many people don’t realize that Virginia law includes a provision that makes it unlawful for an officiant to perform a marriage ceremony unless the couple has a legal marriage license. This provision does exactly what it sounds like it would do: It erases the supposed distinction between ‘civil’ and ‘religious’ marriage by restricting religious marriage celebration to what is permitted by civil law.

While no clergy or denomination ever has, nor ever will, be required to perform the rites of a same-gender marriage, an interracial marriage, an interfaith marriage, a marriage involving a divorced person, or any other marriage that fails to meet their particular religious criteria, those clergy and denominations that actively seek to celebrate the marriages of same gender couples in their communities are instead required to treat those couples as if they are unworthy of such celebration. That requirement (unlike the make-believe scenarios of anti-gay activists) is a very real and grievous violation of religious conscience. It unmistakably, to use the current language of the anti-gay crowd, “violates their sincerely held religious belief” in the equal dignity and humanity of their LGBT parishioners. Today, one of those denominations finally filed a lawsuit seeking the restoration of First Amendment rights to its clergy.

In what is believed to the first-ever challenge by a national Christian denomination of a state’s marriage laws, the UCC filed the lawsuit Monday morning, April 28, in U.S. District Court in Charlotte, N.C.

Under Amendment One, which passed in late 2012, it is a crime in the State of North Carolina for clergy to officiate a marriage ceremony without determining whether the couple involved has a valid marriage license. United Church of Christ ministers interested in conducting a religious marriage ceremony for same-gender couples could face up to 120 days of jail and/or probation and community service if found guilty, since North Carolina marriage laws define and regulate marriage as being between only a man and a woman. As lead plaintiff in this lawsuit against the State, the United Church of Christ asserts that these laws are unconstitutional and violate clergy’s First Amendment rights.

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Virginia gets a Valentine

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U.S. District Judge Arenda L. Wright Allen begins her opinion striking down the Marshall-Newman amendment by quoting Mildred Loving:

We made a commitment to each other in our love and lives, and now had the legal commitment, called marriage, to match. Isn’t that what marriage is? . . . I have lived long enough now to see big changes. The older generation’s fears and prejudices have given way, and today’s young people realize that if someone loves someone they have a right to marry. Surrounded as I am now by wonderful children and grandchildren, not a day goes by that I don’t think of Richard and our love, our right to marry, and how much it meant to me to have that freedom to marry the person precious to me, even if others thought he was the “wrong kind of person” for me to marry. I believe all Americans, no matter their race, no matter their sex, no matter their sexual orientation, should have that same freedom to marry. Government has no business imposing some people’s religious beliefs over others. . . . I support the freedom to marry for all. That’s what Loving, and loving, are all about.”

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More marriage news that will upset Bob Marshall

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yardsignsUpdate: As expected, Nevada Attorney General Catherine Cortez Masto has filed a motion to withdraw the state’s brief in defense of Nevada’s ban on same sex marriage. A statement from Republican Governor Brian Sandoval’s office says “based upon the advice of the Attorney General’s office and their interpretation of relevant case law, it has become clear that this case is no longer defensible in court.” The only remaining party willing to defend the amendment is now the “Coalition for the Protection of Marriage,” the third party intervenor responsible for putting it on the ballot in 2002. Given the Supreme Court’s ruling in Hollingsworth v. Perry that such an intervenor does not have standing to appeal, it’s likely that a Ninth Circuit ruling in favor of the couples seeking to overturn the ban will be the end of the line for the so-called “Protection of Marriage Initiative.” The plaintiffs are seeking an expedited hearing.

Now, can we finally put to rest the notion that our Attorney General is “out there on a limb by himself,” per Mr. Marshall?

(Originally published January 27, 2014) Over the weekend there were two more developments toward the ultimate demise of anti-marriage state measures like Virginia’s Marshall-Newman Amendment.

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Here Come the Social Issues

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Question: Does Victoria Cobb have dementia, or does she just believe that other Virginians do?

In an email she sent us this week, with the actual subject line “Here Come the Social Issues,” the Virginia Family (not yours) Foundation president tells us that, because there is now a Democratic majority* in the state senate, “Senator Democrats [sic] will elevate their abortion and sex agenda** to their top priority,” and “there is little doubt that ‘social issues’ will dominate their agenda in the coming days.”

I will pause here so that anyone who has been living in Virginia for the last decade or two can finish laughing.

There certainly has been quite a bit of forgetfulness lately on the part of individuals who have made an “abortion and sex agenda” their top priority, hasn’t there? And Victoria’s forgetfulness about her own organization’s mission has just shot to the top of the hit parade, as further down in the very same email she mentions the 2011 TRAP*** law that she and her allies in the General Assembly engineered by adding anti-abortion provisions to an unrelated law. And you might think that Victoria would want to present the means by which this law was passed as a legitimate process driven by evidence and debate. You would be wrong.

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“The injustice of Virginia’s position in Loving will not be repeated this time.”

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Last week, in anticipation of this morning’s announcement by Attorney General Mark Herring’s office that he will not be defending the infamous “Marshall-Newman Amendment,” Republican delegates were already trying to lay the groundwork for an end run to get their way:

“[T]he attorney general’s job is like a judge. A judge will tell you, ‘Look, I might not agree with the law, but my job is basically not to make law. It is to look at what the law was [and what] the legislature intended,’ ” House Majority Leader M. Kirkland Cox (R-Colonial Heights) said.

That’s right. AG Herring looked at the Virginia constitutional and statutory ban on same-sex marriage, and what the legislature clearly intended by it, and made the determination that it was unconstitutional. Given the recent rulings in Utah and Oklahoma that affirm the reasoning of the U.S. Supreme Court ruling in Windsor, it’s clear that the Virginia amendment does, and was intended to, violate the due process and equal protection rights of Virginia same sex couples under the Fourteenth Amendment. There is a reason, after all, that the legal team of David Boies and Ted Olson, who so brilliantly argued the Prop 8 case on behalf of the American Foundation for Equal Rights, chose Virginia as their next venue: Virginia’s anti-marriage amendment is considered the most extremely worded and restrictive in the nation.

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Two days

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utah_marriageDuring the past 48 hours, we have learned that the Uganda legislature has passed what is one of the most draconian anti-civil rights bills targeting sexual minorities in the world – bookended between announcements that two more US states – New Mexico and Utah – are constitutionally prohibited from excluding same gender couples from civil marriage.

From the Salt Lake City Tribune this afternoon:

A federal judge in Utah Friday struck down the state’s ban on same-sex marriage, saying the law violates the U.S. Constitution’s guarantees of equal protection and due process.

“The state’s current laws deny its gay and lesbian citizens their fundamental right to marry and, in so doing, demean the dignity of these same-sex couples for no rational reason,” wrote U.S. District Court Judge Robert J. Shelby. “Accordingly, the court finds that these laws are unconstitutional.”

fischer_ugandaMeanwhile, Bryan Fischer, spokesperson for the American Family Association, was tweeting this about the situation in Uganda. I don’t know that we could have had a more timely and chilling reminder of the fact that as LGBTI people in the US move closer to attaining full civil rights, anti-gay activists who are rapidly losing ground here are focusing more of their lethal attention on our sisters and brothers in other countries.

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Crude ideas are not the same thing as a “marketing failure”

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Catholic high school students protest the dismissal of a popular gay vice-principal near Seattle

Catholic high school students protest the dismissal of a popular gay vice-principal near Seattle

In widely reported remarks broadcast December 1 on Meet the Press, Cardinal Timothy Dolan explained why the Catholic Church’s opposition to marriage equality has become marginalized this way: “Well, I think maybe we’ve been out-marketed, sometimes. We’ve been caricatured as being anti-gay.”

It was easy to ridicule the Cardinal’s use of the term “caricatured” due to the abundance of actual words uttered by church leaders denigrating LGBT people, words that were not put in their mouths by others. His real point, though, was that the church hasn’t yet figured out how to make the denigration pretty and shiny enough to make people want to buy it.

Now an editorial in the Catholic Reporter has responded to the interview, specifically the Cardinal’s regret over the “marketing failure.”

The cardinal, who lives on Madison Avenue, is within walking distance of some of the best marketers the world has ever known. If he looked to them for advice, they might suggest he begin with a focus group.

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Some people will just never be happy.

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singleI wouldn’t have thought that the dissembling by the anti-marriage crowd could get worse when they had to admit that Utah’s polygamy law wasn’t really overturned after all, but it just did.

The following arrived from Citizen Link:

It’s what many marriage supporters have been trying to point out for months: The redefinition of the institution could pave the path to legalized polygamy.

North Dakota Attorney General Wayne Stenehjem filed a legal opinion Thursday basically saying that a man who married another man in another state, may obtain a marriage license — with a woman — in North Dakota. That’s because same-sex marriage is not recognized in North Dakota.

Quite true, that last part. North Dakota was one of the states to pass a constitutional amendment back in 2004 restricting civil marriage to “man-woman couples” (we may wish to return to a discussion of how that happened).

Also, AG Stenehjem was responding to a hypothetical question. There is no actual man in a North Dakota case, a detail omitted by Citizen Link.

But it’s this framing, quoting a Breitbart columnist, that really impressed me with its capacity for expressing the exact opposite of reality by stating bald, incontrovertible facts. This is a work of art.

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Gay – In the Image of God

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Pope Francis

In Genesis, it plainly says that “God created man in his own image.”

In the popular single, “same love,” the Seattle-based rap artist Macklemore warns of “man-made rewiring of a predisposition, [of] playing God …”  See http://www.youtube.com/watch?v=g1TBgcctcco .

Macklemore speaks of gay slurs, born of “the same hate that’s caused wars from religion.”

“When I was at church,” Macklemore intones, “they taught me something else, if you preach hate at the services those words aren’t anointed, that holy water that you soak in has been poisoned.”

Rightly Macklemore concludes, “No law is gonna change us ..and I can’t change even if I tried.” Continue reading →