Box Turtle Bulletin

Perry v. Schwarzenegger closing arguments

Today is the last day of Perry v. Schwarzenegger, the legal challenge to Proposition 8. By the end of the day, the case will be in the hands of Judge Vaughn Walker. Karen Ocamb has a guide to of the final day’s expected events.

The legal team of Ted Olson and David Boies have crafted a compelling argument for why this proposition should be found to be in violation of the US Constitution. And much of it was supported by the defense’s own witnesses.

There is no question that Prop 8 harms gay individuals and families. There is no question as to whether it discriminates against gay people. The only questions are whether it was motivated by malice and whether there are state interests sufficient to justify the discrimination.

And in answering Judge Walker’s questions, Olson and Boies were eloquent.

The extensive evidence that Prop. 8 was in fact motivated by moral disapproval of gay men and lesbians underscores its unconstitutionality. Indeed, where, as here, a law is subject to heightened judicial scrutiny, the “justification[s] must be genuine, not hypothesized or invented post hoc in response to litigation.” United States v. Virginia, 518 U.S. 515, 533 (1996). Accordingly, the messages presented to voters during the Prop. 8 campaign and the voters’ motivations for supporting Prop. 8 are relevant to whether Prop. 8 was enacted to further a sufficiently important interest to survive constitutional scrutiny. Proponents’ laundry list of purported state interests, invented after Prop. 8 was enacted and for the purposes of this litigation, cannot be considered under heightened scrutiny if Prop. 8 was not in fact enacted to further those interests. See id.; Doc # 605 at 12-15. And, if Prop. 8 was motivated simply by moral disapproval of gay men and lesbians, then it cannot survive any standard of constitutional scrutiny. See Romer, 517 U.S. at 634.

In other words, all the crap they came up with during the case is irrelevant. It’s not the pseudo-scientific sounding justification for Prop 8 that was presented in court that tells us the intent of the voters; it’s the campaign commercials. The intent and motivation of the proposition is reflected in the vile, nasty, campaign of hate and bigotry that waged on the airways in 2008.

We will have to wait and see when the Judge will announce his determination. But we have reasons to be hopeful that this very careful judge will weigh the evidence and come to the only possible conclusion: that marriage discrimination against gay people serves no legitimate state interest, is based in animus, and is contrary to the protections enacted in the Constitution of the United States.

GOProud to Break Manchester Boycott

The conservative gay Republican group GOProud has announced that they will hold a fundraiser at the Manchester Grand Hyatt in San Deigo. This development comes despite an active boycott by local LGBT advocates over a $125,000 donation by owner Doug Manchester to California’s Proposition 8 campaign which stripped LGBT people of their right to marry.

According to a donations page set up by GOProud:

GOProud’s “Don’t Tread on Us” reception will feature Fox News Channel political analyst and national radio talk show personality Tammy Bruce as the program’s MC. The event will benefit GOProud, the nation’s only political organization for gay conservatives and their allies. (Program speakers will be announced as they are confirmed.)

GOProud defends their choice:

We understand that Mr. Manchester has apologized for his support of Prop 8 and has made a substantial monetary commitment to the LGBT community,” GOProud Executive Director Jimmy LaSalvia told The Advocate. “We believe strongly that the gay community should be in the business of winning new friends not making enemies.”

In fact, Manchester hasn’t apoligized for his support for Prop 8, although he did try to buy off local LGBT groups with a $125,000 donations and hotel vouchers in exchange for an end to the boycott. But without the apology, local groups declined the offer.

It looks like GOProud’s “don’t tread on us” warning doesn’t extend to Manchester himself. He can tread on us all he wants. GOProud won’t mind.

What Are Your Plans for June 19th?

If you happen to be in Southern California, might I suggest you come out to Irvine for a conference we are holding to counter Exodus International’s annual conference which will be held the following week. The conference, titled “It’s not a chOiCe – Challenging The Lies of The Ex-Gay Movement,” will be held Saturday, June 19, at Irvine United Congregational Church (IUCC).

Here are some of the speakers and topics you will hear discussed at the conference:

Science Is On Our Side: The Evidence behind Sexual and Gender Identity: Cristina Cuevas, is a senior medical student at University of California, San Francisco. While in medical school she has served as the LGBT representative for the Dean’s admissions advisory cabinet, planned and carried out the LGBT Health Issues course, and coordinated the school’s annual Student AIDS Forum. She plans to enter family practice and is committed to underserved patient populations.

Sexuality isn’t a Choice: Dr. Lawrence E. Hedges, will survey a series of perspectives that illustrate how human sexuality is not a choice but a given of personal experience. We can choose to suppress our sexual interests and practices but at the cost of limiting our identities, our spontaneity, and our relational possibilities

A Ugandan Case Study: The International Reach of the Ex-Gay Movement: Jim Burroway was the first to sound the alarm on the intensifying anti-LGBT climate in Uganda that has led to the bill before the Ugandan Parliament that has sparked international outrage.

The Pivotal Issue of Choice and the International Ex-Gay Movement: Michael Bussee. After co-founding in 1979 Exodus International, he left the group and became an outspoken critic of the organization. Today Michael is a licensed Marriage and Family Therapist, a father, an evangelical Christian, and a proud gay man.

Tactics of Exodus International, the Ex-Gay Movement in the USA and Uganda: Wayne Besen, founder of Truth Wins Out, an organization which defends LGBT community against anti-gay misinformation; countering, the “ex-gay” industry and educating America about the lives of LGBT people.

A Personal Testimony: Joshua’s Story: Joshua Romero, was raised in a Christian home by a loving family who taught him the value of his faith. A graduate of Point Loma Nazarene University, the loss of one of his friends to suicide inspired him to found Solace, a peer support ministry for Christians in the coming out process.

Crisis of Faith: When a Spouse Comes Out as Gay, Lesbian, Bisexual, or Transgender: Dr. Amity Pierce Buxton, author of of The Other Side of the Closet: The Coming-Out Crisis for Straight Spouses and Families, founded the Straight Spouse Network to support straight spouses whose partners came out as LGBT.

Keynote Speaker: Only One Choice Matters: “Come, Follow me”—But Which Jesus? Dr. Daniel Helminiak. Recent awareness of sexuality has revealed its God-given richness. Religious forces insist the only option is traditionally understood heterosexual marriage—rejecting all the evidence. Reverend Dr. Daniel Helminiak is an author, lecturer, Catholic priest and theologian, and professor in the department of humanistic and transpersonal psychology at the University of West Georgia, near Atlanta.

The conference will take place on Saturday, June 19, from 9:00 to 5:00 at the Irvine United Congregational Church, 4915 Alton Pkwy, Irvine, CA 92604. You can find more information at this web site. And of course, there’s a facebook page here.

Some observations on the Primary results

I’ve not commented much about Democratic candidates in this primary election. For the most part, the major candidates seeking the Democratic nomination for various positions have been supportive of our community, so there were few races in which any particular outcome stood out in importance.

But this has been an interesting season for Republican politics, especially in my home state of California. And yesterday’s election held some moments of victory and some disappointments. Here are a few of my observations about the results.

CA Governor: As expected Democrat Jerry Brown and Republican Meg Whitman will face each other in November. Whitman and her opponent Steve Poizner are both fairly moderate on social issues but as Poizner ran his campaign emphasizing that he was a “real conservative”, Meg is probably the better outcome.

Although Whitman has been pilloried in the gay press as “anti-gay”, her positions on gay issues would have her receiving awards for support just a few years ago. Although she voted for Proposition 8, she supports civil unions and her objections to marriage equality seem perfunctory rather than devout. She advocated allowing the 18,000 couples who married in the 2008 marriage window to remain recognized as married.

US Senate from CA: It was disappointing that Tom Campbell did not do well. With 25% of the vote, he fell well below Carly Fiorina’s 55%. This is an undisputed victory for the anti-gay activist group National Organization for Marriage, who had run television ads opposing Campbell.

The slight consolation is that Chuch Devore did even worse than Campbell. Devore was the homophobe’s dream candidate. And Fiorina is probably somewhat moderate on our issues, having established a domestic partnership registry why leading Hewlett Packard.

CA Attorney General: Steve Cooley, a friend of the community who supports marriage equality, swept to victory.

CA Lt. Governor: Democrats selected another community friend, San Francisco Mayor Gavin Newsom, for their Lt. Governor nominee. Republicans selected Abel Maldenado, the only Republican to vote in the legislature for Harvey Milk Day.

NV Governor: Remember Jim Gibbons? He was the Nevada Governor who vetoed that state’s all-but-the-name domestic partner registry. Well, not only did the legislature overturn his veto last year, but he lost his party’s nomination for reelection to Brian Sandoval, a pro-choice Hispanic Republican who supported the DP bill.

IA Governor: In Iowa, all the Republican candidates are opposed to marriage equality and support “a vote of the people”. But there were degrees. While two of the candidates made wacky claims about what they would do, particularly Bob Vander Plaats who thought he could just issue a declaration and reverse the courts, former Governor Terry Branstad did not give the issue much emphasis in his campaign. Branstad won handily.

ME Governor: NOM is crowing that their choice Paul LePage, a Tea Party favorite, was selected as the Republican nominee for Governor. He will face Maine Senate President Elizabeth “Libby” Mitchell. This is a particularly important race in November as Maine’s legislature will likely try again for marriage equality and LePage has promised to veto any marriage bills.

There are undoubtedly many other races of importance and as they come to my attention I may add them.

CA Attorney General Candidate Cooley

Los Angeles District Attorney Steve Cooley is running for the Republican Party nomination for California State Attorney General. And those readers who are California Republicans (or Decline to State) may wish to consider giving Cooley your vote next Tuesday.

Cooley has been, as best I can tell, supportive of the community. Noting his opposition to Proposition 8, the Bay Area Reporter, a San Francisco gay magazine, commented in April

In the attorney general race, Los Angeles District Attorney Steve Cooley, a marriage equality backer, is doing well in his party’s primary.

Cooley has received the endorsement of most of the state’s influential newspapers. But one endorsement he has not received is that of anti-gay activists.

The National Organization for Marriage has piggy-backed on hate-group Traditional Values Coalition to oppose Cooley’s election.

We are writing you today because there is a dangerous pro-abortion and pro-gay marriage candidate seeking the Republican nomination for Attorney General. This anti-family candidate is Los Angeles District Attorney Steve Cooley and in his own words he publicly states unapologetically, “Let me be clear, I support a woman’s right to choose.”

Not only does Cooley not value life, but he opposes the sanctity of marriage too.

Well that sounds to me like a good reason to vote for him. And considering our state’s history of electing Republicans as the Attorney General, it would be a great comfort if we knew next Wednesday that the Republican nominee for the position was an ally.

The Closet Is the Enemy

California State Sen. Roy Ashburn (R-Bakersfield) was outed earlier this year following his DUI arrest after leaving a Sacramento gay bar. At that time, he was a reliable vote against pro-gay causes. Now that he’s out of the closet, his voting record is starting to change accordingly:

Ashburn was the only Republican senator to vote in support of allowing openly gay people to serve in the military, but he also voted against a bill that could remove a political obstacle to proposals to legalize same-sex marriage.

Ashburn then took the unusual step of publicly explaining his votes on the Senate floor.

“I would not have been speaking on a measure dealing with sexual orientation ever prior to the events that have transpired in my life over the last three months,” Ashburn told his colleagues. “However, I am no longer willing or able to remain silent on issues that affect sexual orientation and the rights of individuals. And so I am doing something that is quite different and foreign to me, and it’s highly emotional.”

The bill Ashburn opposed, SB 906, passed the state Senate and clarifies that clergy members would not be required to perform a civil marriage that was contrary to his or her faith. This removes one objection by marriage equality opponents who (Wrongly) claimed that clergy would be forced to perform same-sex marriages. Ashburn’s objections was essentially over a technicality:

But he said it was “troublesome” that the bill also described marriages as “civil” unions. Proposition 8, approved by voters, gave a definition of marriage, and Ashburn worried the new definition in the bill could muddy the water and lead to new lawsuits on the issue.

Mary Glasspool Consecrated in Los Angeles

In a celebration reflecting the incredible cultural diversity of the Episcopal Diocese of Los Angeles Diocese, the former Rev. Canon and now the Rt. Rev. Mary Glasspool was consecrated as Bishop Suffragan. Bishop Glasspool’s consecration marks the second time an openly gay clergy has been consecrated as bishop in the Episcopal Church. She is also the first lesbian to be so ordained.

Also consecrated as Bishop Suffragan was the Rt. Rev. Diane Jardine Bruce. The ceremony was presided by Most Rev. Katharine Schori, Presiding Bishop and Primate of the Episcopal Church. The event took place before a large crowd in the Long Beach Arena.

The ceremony was briefly interrupted just following the opening prayer by two protesters who were sitting among the congregation on the floor of the arena. First a middle-aged man stood up, held up a sign that I was unable to see from my vantage point, and shouted “Repent! Homosexuality is an abomination to God!” He continued to shout anti-gay slogans as church officials calmly escorted him out of the arena.

After he was escorted out, a smaller child (he appeared to be a pre-teen boy) stood up near to where the man had been standing and shouted, “Homosexuality is an abomination to God.” He, too, was patiently escorted out, while shouting the entire time. Just as he left the arena, someone was heard to yell from the balcony, “we’re praying for you” to the gentle laughter of the congregation, and the ceremony continued.

I was very impressed with the quiet dignity with which church officials and the congregation bore the interruptions, as well as the insults heaped upon them as they entered the arena before the service.

In addition to Westboro Baptist clan who protested at an entrance to the Long Beach Convention Center complex near the arena, a pair of very noisy protesters who appear to have been unrelated to Westboro held signs and shouted anti-gay slogans right in front of the entrance of the arena.

Due to the tight configuration of buildings at the entrance, every attendee of the consecration ceremony had to walk past the protesters as a sort of anti-gay and anti-woman gauntlet. The protesters seemed equally agitated that the bishops being consecrated were women as much as the fact that one was a lesbian. One harangued the gentle crowd with demands that the women grow out their hair long and be subservient to their husbands, “as the Bible commands.” But clearly, it was Rev. Glasspool’s consecration that drew the most condemnation. “A Bishop must be a man married to his wife, not a lesbian to a woman,” he shouted to no one who listened.

Aside from the outburst following the opening prayers, the rest of the three-hour ceremony went off without incident. The Bishop of Los Angeles, the Rt. Rev. J. Jon Bruno, delivered the homily in which he reflected on the diversity of the church:

We are a mixed batch, but we are stronger because we are all of those things. We are stronger because we respect the dignity of every human being, that we stand for their right to stand up and be the people of God. I doesn’t matter what their physical ability is, it doesn’t matter who they are, what race, what country they come from, what sexuality they have. It matters that they are people of God.

In a nod to the protesters, he referred to the point in the ceremony in which the the congregation is asked whether there are any objections. Bishop Bruno said,

I don’t think there was one person in the place that was more nervous than I was about objections. But we didn’t have any objections today from anybody who was an Episcopalian. [laughter] We had people outside and inside who came here because they don’t understand the inclusive nature of the Episcopal Church.

…We, as bishops of this church, are called to be exemplars of Jesus’s presence in this world. We’re called to teach people and bring them to a place of self understanding so that they don’t, out of fear or anxiety or fear of change become Ideological idolaters of the past.

Following that homily, history was made again, when Revs. Bruce and Glasspool were consecrated through the ancient practice of the laying on of hands by a multitude of consecrating bishops. They were then given the Mitre and symbols of office and presented to the congregation to roaring cheers and applause.

Westboro Meets Long Beach

I’m in Long Beach, California, attending the consecration of Rev. Canon Mary Glasspool as Bishop Suffragan for the Episcopal diocese of Los Angeles. Her consecration makes her the second openly gay bishop to be elected in the Episcopal Church.

What I didn’t know until earlier this week was that this also happens to be Pride weekend for Long Beach. And both events are taking place within a few few blocks of each other on the grounds of the Long Beach Convention Center complex (which, fortunately, has WI-FI!). Unsurprisingly, both events proved too tempting for the homophobes to make their presence known.

When I arrived at the Convention Center complex looking for a place to park, I happened across the lonely band of Westboro Baptist family members with their familiar “God hates fags” signs. I stopped dead in my tracks and took some pictures, like any tourist would in the greater LA area when they happen across some celebrities.

But it didn’t take long for others to show up with their own signs indicating what they hated (or loved).  This is where I first learned that Gumby loves everyone.

I left to grab a quick bite for lunch, and when I returned barely twenty minutes later, the Westboro band was completely swamped by a much larger crowd of other people who wanted to express the many things they hated or loved.

For example, she hates brussel sprouts:

Bu she loves coloring:

He just likes signs:

As do these two:

And Jesus was there in their midst:

And here’s my personal favorite:

Trust me, turtles can be pretty gay.

CA Assembly Calls for DADT Repeal

The California Assembly approved a resolution calling for the repeal of “Don’t Ask, Don’t Tell” in a 51-17 bipartisan vote. The resolution now heads to the state Senate for a concurrence vote., which will likely take place on Monday.

Among those speaking in favor of the resolution was Nathan Fletcher (R), a former Marine who represents the 75^thAssembly District in San Diego County. He urged the Assembly to pass the resulition, saying “I believe that any American who has these core values — honor, courage, and commitment, and who is willing to give their life for their country — should be allowed to serve openly and honorably.”

CA Assembly Dismantles “Cure the Gays” Mandate

The California Assembly, in a rare unanimous showing, voted to eliminate a 1950 law declaring homosexuality a deviance and requiring the state to conduct research into ways to cure homosexuality. The only group that voiced opposition to the move was the increasingly radical and unbalanced ex-gay organization known as PFOX, which called California’s move to eliminate the mandate “offensive.”

The measure to repeal the mandate now goes to the state Senate.

DADT opponents heckle Obama at CA fundraiser

President Obama was in Los Angeles yesterday to raise funds for Senator Barbara Boxer’s reelection campaign. Opponents of Don’t Ask, Don’t Tell took the opportunity to draw attention to that issue. (USA Today)

“Repeal ‘don’t ask, don’t tell!” yelled several protesters at a Los Angeles fundraiser for the Democratic Party and Sen. Barbara Boxer, D-Calif., referring to the Pentagon’s policy on gay servicemembers.

As the president said he agreed with the request — “we are going to do that; hey, hold on a second, hold on a second” — the protesters began echoing an Obama campaign chant: “Yes, we can! Yes, we can! Yes, we can!”

“Here we go,” Obama replied. “All right — guys, guys, all right. I agree, I agree.”

A little later, Obama pleaded for political solidarity on gay rights and other issues.

“When you’ve got an ally like Barbara Boxer and you’ve got an ally like me who are standing for the same thing, then you don’t know exactly why you’ve got to holler, because we already hear you, all right?,” Obama said to applause.

The problem is, of course, that the President does not appear to hear our community already. And his response at the fundraiser suggests that he is unaware – or unconcerned – about the growing discontent that our community feels from having our issues delayed or dismissed.

We are annoyed that this administration seems incapable of providing a clear, consistent answer about how and when DADT will be overturned. Instead, we hear promises offset by stalling, the Presidents say one thing only to have the Department of Justice say exactly the opposite. We have military leaders contradicting each other in front of Congress and the White House sits silently while our allies in the House and Senate beg him to lend his voice to the cause.

All of this adds to a creeping supposition that this President has little to no intention on capitalizing on a Democrat control of the legislature to fulfill his promises. It feels more and more likely that November will come without action and Republican successes will be used as an excuse to continued institutionalized discrimination for another decade.

President Obama said at one point that the hecklers should go holler at the people who disagree with them. I’m not sure they weren’t doing just that.

Sonoma County Forcibly Separates Elderly Gay Couple

Some of the opposition to President Barack Obama’s directive to HHS to formulate rules requiring hospitals and health care institutions to honor LGBT patients’ ability to choose their partners as hospital visitors and decision makers stem from the mistaken belief that if those LGBT couples had signed powers of attorneys and advance medical directives, none of those problems would take place. But as tragic stories like this show, that simply isn’t true:

Clay and his partner of 20 years, Harold, lived in California. Clay and Harold made diligent efforts to protect their legal rights, and had their legal paperwork in place—wills, powers of attorney, and medical directives, all naming each other. Harold was 88 years old and in frail medical condition, but still living at home with Clay, 77, who was in good health.

One evening, Harold fell down the front steps of their home and was taken to the hospital. Based on their medical directives alone, Clay should have been consulted in Harold’s care from the first moment. Tragically, county and health care workers instead refused to allow Clay to see Harold in the hospital. The county then ultimately went one step further by isolating the couple from each other, placing the men in separate nursing homes.

Ignoring Clay’s significant role in Harold’s life, the county continued to treat Harold like he had no family and went to court seeking the power to make financial decisions on his behalf. Outrageously, the county represented to the judge that Clay was merely Harold’s “roommate.” The court denied their efforts, but did grant the county limited access to one of Harold’s bank accounts to pay for his care.

What happened next is even more chilling: without authority, without determining the value of Clay and Harold’s possessions accumulated over the course of their 20 years together or making any effort to determine which items belonged to whom, the county took everything Harold and Clay owned and auctioned off all of their belongings. Adding further insult to grave injury, the county removed Clay from his home and confined him to a nursing home against his will. The county workers then terminated Clay and Harold’s lease and surrendered the home they had shared for many years to the landlord.

Harold died, and Clay wasn’t allowed to be there to comfort him. Clay is also without all of their momentos and life possessions that they two had acquired together, with the exception of one photo album. The National Center for Lesbian Rights (NCLR) has filed a lawsuit on their behalf against Sonoma County. Trial begins on July 16.

In 2007, a Florida hospital denied Janice Langbehn access to her dying partner, again despite having a legal power of attorney.

No 2010 Reversal for Proposition 8

Most gay organizations did not support going back to the poll this year and were not helpful with the effort to get marriage equality back on the ballot. It now appears that with broad support the low profile effort to collect signatures was not successful. (Contra Costa Times)

Same-sex marriage advocates have failed to gather enough petition signatures to place on November’s ballot a measure that would repeal Proposition 8’s constitutional ban.

Though it didn’t gather at least 694,354 valid signatures from registered voters by Monday’s deadline, the Restore Equality 2010 Coalition insists the effort wasn’t in vain, in that it sets a firm foundation for another try in 2012.

LA Times Poll: Californians support marriage equality

A new LA Times/USC poll has findings similar to last month’s PPIC poll:

Q.46 Do you think that same-sex couples should be allowed to become legally married in the state of
California?

Yes, strongly ………………………………………………………………40
Yes, not so strongly …………………………………………………..12
No, not so strongly……………………………………………………….8
No, strongly………………………………………………………………..32
(Don’t know)…………………………………………………………………6
(Refuse) ……………………………………………………………………….2

Total Yes……………………………………………………………………..52
Total No ……………………………………………………………………..40

The poll claims a margin or error of about 2.6%, but in looking at the demographics, I’m not sure that this poll is exactly representative.

Majority of Californians support marriage equality

For the first time, the PPIC Statewide Survey reports that a majority of Californians support same-sex marriage. 2,002 Californians were surveyed and there is a +/- 2% margin of error.

Participants were asked

“do you favor or oppose allowing gay and lesbian couples to be legally married?”

50% favor
45% oppose
5% I don’t know

Various demographics supported marriage equality:

64% Democrats
55% Independents
28% Republicans
55% whites
43% Latinos

This polling suggests a 6% increase in support within the past year, which is quite significant. The survey does not report what contributed to this change in thinking and it is difficult to identify what may have happened since last March that could have led to the change.

However, if I were to guess, I think it is possible that there were two counter-acting public responses to the anti-8 rallies, marches, and protests. It may be that these public demonstrations caused some voters to realize for the first time that the gay community was upset and angry about being denied equality and caused them to consider that anti-gay votes are discriminatory. There may also have been some backlash from some voters who felt that the gay community was behaving lawlessly.

Over the past year the public image of angry marches may have diminished and those upset by it may have become calmer, while the concept of inequality and unfairness raised by the marches may have germinated and resulted in increased support, yielding a net increase. This is, of course, only speculation.

Additionally, the PPIC confirmed that Californians strongly favor allowing gay men and women to serve openly in the military. A total of 75% (and a majority in every demographic) agreed.