More Garden Tips and Nips

This time in Washington state.  That boy does get around.

-----

Should the Supreme Court Just Butt Out?

Larry Duncan and Randy Shepherd of Washington state, whose marriage-license pic I posted last Friday, arrived for their wedding on Sunday, nattily attired this time.  The couple were married at Seattle First Baptist Church, along with 24 other same-sex couples.  All good wishes to them.

When the Supreme Court rules on the DOMA and Prop 8 cases, less would be a whole lot more, suggests gay conservative pundit Jonathan Rauch:

Here is a movie plot you have never seen and never will see: a disadvantaged athlete struggles against the odds, makes it to the Olympics by sheer force of grit and talent, and is ahead in the race for gold—when, with the finish line in sight, the referee calls off the competition, hands the hero a medal, and everybody goes home.

Gay Americans are in sight of winning marriage not merely as a gift of five referees but in public competition against the all the arguments and money our opponents can throw at us. A Supreme Court intervention now would deprive us of that victory. Our right to marry would never enjoy the deep legitimacy that only a popular mandate can bring.

I tell my gay friends: imagine if the Supreme Court had ordered gay marriage this past June, at the end of its 2011-2012 term. November’s game-changing electoral victories would never have happened. Gay marriage advocates would be forever stereotyped as political losers who won by running to mommy. Our opponents would mock and denigrate our marriages as court-created, legalistic fictions. The country would never have shown how much it has changed.

If we have come that far in five years, imagine where we might be in five more. Imagine, then, the opportunities to extend and consolidate support that we will lose if the Supreme Court steps in now. Strange but true: a favorable Supreme Court intervention next year would make us weaker, not stronger.

Do you agree?

Marriage Equality Updates, 12/7/12

Sometimes it seems like Change is as slow as Christmas; but then other times, it seems like it's bustin' out all over. A few news notes to show you what I mean.

Same-sex couples began getting marriage licenses yesterday in the Evergreen State. A headline in Towleroad says, "These Men Are Officially, Wonderfully, the Face of Marriage Equality in Washington State":

Larry Duncan, 56, and Randy Shepherd, 48, partners for eleven years,
apply for their marriage license in Seattle on Thursday.

Hooray! Finally, some real middle-aged gay guys, not stereotyped twinklets in sequins. Your Head Trucker can totally relate. Especially since my beard is now nearly as white and as long as the older dude's is. Yeah, really.

Of course, lots of other queer couples are flocking to the altar, or at least to the courthouse, in Washington - including Dan Savage and his longtime "husband in Canada, boyfriend in America" Terry Miller. The state requires a three-day waiting period, so weddings won't happen until Sunday.

In Mexico, on Wednesday of this week the Mexican Supreme Court struck down a law against same-sex marriage in the state of Oaxaca, which may lead to marriage equality nationwide soon. Since 2010, Mexican couples have already been able to get married in Mexico City. A more detailed analysis of the meaning of the ruling is here.

At the same link as above, lawmakers in Colombia, Chile, and Uruguay are all set to debate marriage equality next week.

Maryland began issuing marriage licenses to same-sex couples yesterday, although weddings won't begin until January 1.

And in Virginia, NPR reports that the CIA for the first time is actively looking to recruit gay and lesbian employees.

And in Washington D.C., the Supreme Court may - or may not - announce today which of the same-sex marriage cases it will consider. As I noted last week, if the Court declines to review the Prop 8 case, which has been upheld in our favor by a federal district court and a federal appeals court already, marriages could resume very quickly in California. So stay tuned.


Update, 12/8, 5 a.m.: Okay, so I'm not on the same sleep schedule as the rest of the world. But I've just learned that the Supreme Court has decided to review both the Prop 8 case and the Windsor case. The Washington Blade reports:

Ending months of anticipation, the U.S. Supreme Court signaled on Friday it would take up litigation challenging California’s Proposition 8 and one case challenging the Defense of Marriage Act.

Justices decided to take up the case of Hollingsworth v. Perry, which seeks to overturn the state constitutional amendment California voters passed in 2008 that took away marriage rights for same-sex couples.

They also decided to take up Windsor v. United States, litigation challenging the constitutionality of the Defense of Marriage Act. That lawsuit was filed by Edith Windsor, a New York widow who was forced to pay $363,000 in estate taxes in 2009 upon the death of her spouse, Thea Spyer.

The court made the news in an orders list published Friday following a conference the justices held on the same day. Four justices must vote affirmatively to grant a writ of certiorari in any particular case, but that vote isn’t public information.

Windsor, 83, expressed excitement in a statement that her lawsuit would be the one to challenge DOMA at the Supreme Court. Her lawsuit was filed by the American Civil Liberties Union along with Paul, Weiss, Rifkind, Wharton & Garrison LLP and other groups.

“When Thea and I met nearly 50 years ago, we never could have dreamed that the story of our life together would be before the Supreme Court as an example of why gay married couples should be treated equally, and not like second-class citizens,” Windsor said. “While Thea is no longer alive, I know how proud she would have been to see this day. The truth is, I never expected any less from my country.”

More analysis and commentary, if you want to read it:

"Today at the Supreme Court - Explained" from Lambda Legal

"Supreme Court to Hear Two Challenges to Gay Marriage" from the New York Times

"Prop 8 Attorneys Confident SCOTUS Will Strike Down Marriage Ban" from the Washington Blade

"Same-sex Marriage in the Courts" from the Pew Forum on Religion and Public Life

"Supreme Court Will Hear DOMA and Prop 8 Challenges:  An Analysis" at Towleroad


What I say: Your Head Trucker has no crystal ball, but it seems most likely that when the Supremes finally rule on these cases, sometime between now and when the court term ends next June, that

1) it will concur in striking down Prop 8, letting marriages resume in California, but not applying that to any other state;

2) it will say that if a state says you're married under its laws, the feds have to recognize that marriage for all federal rights and benefits, just as with any other married couple across the land; but

3) the Court will not say that other states have to recognize your marriage if they don't want to. The polls may show a slight majority of Americans are now in favor of the idea, but the Supremes rarely jump very far ahead of public opinion. It's just too early, I think, for a nationwide ruling to the right to marry in every state:  I don't expect that it another 15 years, at least.

Of course, I hope I'm wrong about that last bit. We'll find out by the time it's beach weather next year.  My God, and I remember when "homosexual" was practically an unmentionable word in public.  Now the Supreme Court is going to deliberate on our right to marry.  How times have changed.

More Good News: Historic Night of Gay Victories

Despite the elation of Obama's first victory, I remember the terrible, painful, hungover feeling of waking up on the morning after the 2008 election with the four godawful defeats for gay rights pounding in my mind, Prop 8 being the worst of them all.

But this morning, we have only cause to rejoice - champagne breakfast, anyone? These images from the Washington Blade tell the glad tidings:

Also, Washington state seems poised to approve a marriage referendum there, once all the votes are counted. What a difference four years makes.

You can google up the news stories for yourselves, can't you? Your Head Trucker is feeling pretty whipped now, after staying up all night to watch the election returns and discuss them at lenght with M.P. I'll post more after I get some sleep.

The funny thing is, I feared so many bad results, it's taking me a while to truly accept that it wasn't just a good night for us, it was fantastic. Like that hot, hairy fuck you never expected to hook up with, but oh buddy when you did . . . .

But just think how far we have come now, and how this election has ratified all the good changes in this country made during the last four years - and think too what a horrible aftermath we would be facing if the votes had gone the other way.


Update: Washington United has declared victory in the marriage referendum in that state, giving us four wins for four. Finally, my brothers, the tide has shifted. Matt Baume summarizes:




BREAKING: Ronald Reagan Finally Dead. John Aravosis reports:

I’m still digesting this in an effort to figure out what the heck happened. But something did happen last night. And it was much bigger than Democrats winning.

The left, progressives, won last night, across the board. And I’m not entirely sure why. Especially when you consider how much money the Republicans spent, from Sheldon Adelson to the Koch Brothers to Mr. “I was born in a socialist country.”

They all lost. The Tea Party lost. Conservatives lost. Tax cuts lost. Gay-bashing lost. Repealing Obamacare lost.

Ronald Reagan finally died last night. It’s been almost 25 years since Ronald Reagan left office. It’s been nearly ten years since he died. Enough already. He’s gone. It’s over. The voters are no longer falling for the knee-jerk Republican electoral panacea of tax cuts, intolerance, and war. That might have worked in the 1980s, but the 80s are over, the Soviets are gone, the gays are here to stay, and it’s time for the Republican party to enter the 21st century.

Related: Obamas Return to White House as Romneys Return to 1954.

Weeping, Wailing, and Gnashing of Teeth:  Rightwingers' heads are exploding all over America as reality intrudes upon their fantasy world.  A dazed and confused Pat Robertson wonders, "What Is Going On with the American People?"

But why does he act so surprised? Just last January, God Himself told Robertson who was going to win the election:



If you have the stomach for it, you can browse through more slobbering nutcase reax over at Right Wing Watch, where everybody agrees that Obama-loving, gay-married, Marxist-socialist America is now so fucking EVIL that God will just have to destroy us. Or something.

And finally . . .

For once, a moment of absolute clarity:

We're outnumbered.

Yup. And will be more and more so, from this time forward.

Suck it, Limbaugh.

This Week in Marriage News

This week, three steps forward and two steps back for marriage equality:

Another Federal appeals court found section 3 of DOMA unconstitutional, in the Edie Windsor case I've blogged about before. Here's Edie thanking her supporters:



Also, in the Perry v. Brown case, the federal Ninth Circuit appeals court turned down a request by anti-gay proponents to have the case reheard by the full 11-member court; a three-member panel in February of this year upheld the finding of a lower federal court that California's Prop 8, which in 2008 took away from gays and lesbians the right to marry in that state, was unconstitutional.  The anti-gay side has 90 days in which to appeal the case to the U. S. Supreme Court.

And in far-away Denmark, the first country in the world to authorize same-sex registered partnerships back in 1989, their parliament has voted 85-24 to enact same-sex marriage, which will begin on June 15.

Elsewhere, though, the struggle goes on: in both Maryland and Washington state, anti-gay forces have submitted enough signatures to subject those states' recently-enacted equal-marriage laws to referendums in November.  In no state so far have voters ever approved same-sex marriage.

But hey, there's got to be a first time somewhere, right?  So we'll keep our fingers crossed.

But consider this New Yorker piece that discusses the ramifications of the marriage struggle on the presidential election, and vice-versa.

Washington State Passes Equal Marriage Bill

The Seattle Times reports:

Legislation legalizing gay marriage is on its way to the governor after passing the state House by a 55-43 vote.

Gov. Chris Gregoire, who supports the measure and watched as lawmakers voted, has five days to sign it after the bill arrives. She hasn't set a date yet.

There was never any doubt the legislation would be approved in the House. More than 50 lawmakers announced support for the bill before it came up for a vote.

The biggest hurdle was the state Senate, which has conservative Democrats opposed to the measure. Even there, it passed last week with a 28-21 vote.

However, antigay activists have promised to gather enough signatures to force the issue to be placed on a ballot this November, so the implementation of the law may be delayed pending the outcome of the referendum.

Washington state enacted a broad domestic-partnership law in 2007.  When same-sex marriages are performed there, Washington will be the seventh state (plus the District of Columbia) currently allowing such unions.


Bonus: In an emotional speech during yesterday's House debate, Republican state representative Maureen Walsh explains why she voted in favor of marriage equality, one of only two Republicans to do so.

Consolation Prize

 

From the Human Rights Campaign:

Yesterday Washington State officials (Governor Gregoire and Secretary of State Reed) certified the results of Referendum 71 — the measure that asked voters to approve or reject a comprehensive domestic partnership law passed by the legislature and signed by the Governor earlier in the ear. Voters approved the law in November’s elections and now same-sex couples will have critical rights and protections as of 12:01 a.m. Pacific time on Thursday.

The first voter-approved, all-but-the-name-marriage law in the nation. So you see, it does pay off to work for change at the state level, guys. Just not as quickly as we would like, as we deserve.

But we have to keep pushing, step by step, state by state, all the way down the long, sometimes heartbreaking road. You gotta have hope. You gotta have courage, you gotta have grit and the guts to keep going, sunlight or storm. When the horse throws you, get right back up in the damn saddle, cowboy up and ride on anyways.

You'll never win nothing if you're a scairdy-cat.

Success! But What about Maine?

I am out of my mind happy to report that your Head Trucker has his broadband connection back.  All praise to geekmeister Albert in tech support at AT&T who walked this old man through the setup of the new modem, plus about a million passwords, code numbers, and other necessary mumbo-jumbo.

And glancing over the election night returns, it appears we have cause to celebrate in most of the nation:  the Washington State referendum on domestic partnerships passed with 51.1% of the vote - just barely passed, but we'll take it; the gay and transgender non-discrimination ordinance in Kalamazoo, Mich., passed with 60-something percent.  Down here in Texas, openly lesbian Annise Parker got the most votes in the Houston mayoral race, which will go to a runoff.

Oh but then there's Maine:  as of 1:04 a.m. in Maine, the Bangor Daily News election site reports our side losing 52.75 to 47.25 percent, with 87 percent of counties reporting.  But apparently our guys and gals up there are refusing to concede, hoping to pull a miracle out of the yet-to-be counted absentee ballots and counties not yet tallied.

Doesn't look good, though:  about the same percentage as defeated marriage equality in California last year.  Still, as Andrew Sullivan says in a late-night post, he's heartbroken over the Maine results, but the fact that the vote is so very close is a huge encouragement when you consider what it would have been just 10 years ago - when no state offered even civil unions, much less marriage for their gay citizens.

We've come a long way, brother.  Whatever the final result in Maine, Onward! must be our motto until the last vestiges of discrimination and inequality are wiped out of the law books and into the dusty pages of history, as they were for all the other groups who had to fight for their civil rights.

We have to work for our liberty and justice.  Nobody's going to hand it to us - and as is all too clear by now, certainly not the President who promised to be our fierce advocate.  It's not him, boys - We are the ones we've been waiting for.  Remember?

But that's okay.  It makes us better people to suffer injustice and struggle for what is right, like so many others have done before us, showing us the way.  For the same reason it makes you a better person to pay your dues and earn your own living, instead of living off somebody else's toil.  And the victory, when it dawns all across this land, will be that much sweeter when we finally taste it. 

So let's get on with it.

Equality: How You Can Help, Today

It's coming down to the wire now in Washington state, Maine, and Kalamazoo, Michigan.  The outcome of these contests will undoubtedly influence voters and legislators in future elections elsewhere.  Here's what you can do right now, today, wherever you live, to help preserve the equal protection of the laws for your fellow Americans - and ultimately, for yourself. 

Please do what you can.  Remember, marriage equality in California was stripped out of the law with a margin of only 52 to 48 percent.  So every vote counts.

Washington State Expands DP's

Get your mind out of the gutter, man - it's the other kind of DP. From 365gay.com:

Washington Gov. Chris Gregoire on Monday signed legislation granting domestic partners almost all of the state rights of married spouses.

“They will make for stronger families, and when we have stronger families, we have a stronger Washington state,” Gregoire said as she put her pen to the document.

The legislation makes domestic partnerships equal to marriage in areas of community property, guardianship and powers of attorney. It allows partners the right to refuse to testify against partners in court. And it provides the same remedies as married couples to end a relationship, including the division of property.

The legislation expands on previous domestic partnership laws by adding reference to partnerships alongside all remaining areas of state law where currently only married couples are mentioned.

The domestic partner law was enacted after the state Supreme Court in 2006 upheld Washington’s so-called Defense of Marriage Act that limits marriage to opposite-sex couples. . . .

Since July 2007 when the original domestic partner law went into effect, more than 5,000 couples have registered as domestic partners. . . .

But opponents of the law already have started a bid to overturn the measure. The Washington Values Alliance filed paperwork earlier this month to begin the referendum process. They need to get more than 120,500 voter signatures by July 25 to qualify for the November ballot.