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“Now you must raise your children up in a world where that union of man and box turtle is on the same legal footing as man and wife…”
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Posts for November, 2011

How Same Sex Marriage Leads To Incest

Jim Burroway

November 3rd, 2011

Step 1: Pass a law allowing gays to marry.

Step 2: Hold new elections, changing the composition of the state legislature.

Step 3: Propose a ban on same-sex marriages.

Step 4: Drop the proposed ban and go instead for a repeal of same-sex marriage, replacing it with a proposal to institute civil unions for everyone regardless of gender — and regardless of whether they are already related to each other.

So you see? NOM was right. Same-sex marriage does lead to state recognition of incest.

Nine

Jim Burroway

August 17th, 2011

That’s how many couples that have entered into civil unions since Rhode Island began offering them in July. There was a time when news of a new state offering civil unions was loudly cheered. But when marriage equality — which was seen as very doable earlier this year — was ditched in favor of a very pale hint of an imitation, it landed with a thud. And as a result, Rhode Islanders have stayed away in droves:

“If it had been marriage people would have been lining up,” said Dawn Euer, a spokeswoman for Marriage Equality Rhode Island. “People are holding out for marriage. They want true equality, not a made-up, bureaucratic, second-class status.”

…Give it time,” said Rep. Peter Petrarca, D-Lincoln. “It’s summer. I’m sure we’ll see an uptick once people start figuring it out and deciding what they want.”

Uh-huh. Funny, but it was also summer in New York and nobody had to ask anyone there to just “give it time.”

One third of gay employees have access to partner benefits

Timothy Kincaid

July 27th, 2011

NYTimes

In the first comprehensive count of domestic partner benefits by a federal government agency, the Bureau of Labor Statistics found that about one-third of all workers had access to health care benefits for same-sex partners.

Bureau officials added two questions about domestic partner benefits for same-sex couples to the National Compensation Survey, a sample of 17,000 businesses and local governments, as a response to growing public interest in the topic, said Philip Doyle, assistant commissioner at the agency. The results were made public on Tuesday.

This report is based on data from March 2011 and would not include recent changes made to couple recognition which were not enacted at that time: marriage in New York and civil unions in Illinois, Hawaii, Delaware, and Rhode Island.

Additionally, as companies recognize the same-sex spouse of a New York employee, many will be inspired at that time to adopt partner benefit programs for employees in states that do not have a vehicle for partner recognition. Otherwise, for example, Dunder Mifflin may find that the morale in its Scranton branch suffers.

Chilean President proposes couple recognition

Timothy Kincaid

July 12th, 2011

During the last presidential campaign in Chile, candidates sought to outdo each other in their displays of support for gay Chileans. At the time, we wondered whether or how this would translate into legislation after the election.

As it turns out, conservative Chilean President Sebastian Pinera, who as a candidate ran prime-time ads with gay men holding hands and lesbians kissing each other, is prepared to take action on the issue. It appears to be comparable to a Domestic Partnership (but will probably be called “civil unions” in English-speaking press).

From La Tercera (as translated by Google)

According to a draft summary of the currency delivered in recent days representatives of the Alliance, which agreed the Third, this will allow unmarried couples, heterosexual and homosexual, to register with the Registrar if they meet some requirements, including a period of coexistence of more than one year.

Although the agreement between the cohabitants must subscribe before a notary, as a way to avoid a ceremony that may resemble that of a civil marriage, the contract must be validated within 15 days, with an inscription to the Civil Registry .

In line also with the idea of ​​differentiating the new institution of marriage, it would be called “non-marital cohabitation agreements” (ACNM), and “will not alter or marital status of the contractor or establish kinship by affinity relatives of the other. ”

If I read this correctly, you get couple recognition and legal rights, but no in-laws.

If this proposal passes, Latin America will have the following forms of couple recognition:

Argentina recognizes marriage and Mexico recognizes marriage provided that they occur in Mexico City. Brazil, Uruguay, and Ecuador recognize civil unions. Chile will recognize whatever form ultimately results from the legislation, and Colombia recognizes common-law marriage.

Chafee signs civil unions

Timothy Kincaid

July 3rd, 2011

Trib

Rhode Island’s governor on Saturday signed into law a controversial bill legalizing same sex civil unions, but said it does not go far enough toward legalizing gay marriage.

GovernorLincoln Chafee, an independent who supports gay marriage, nonetheless signed the measure with the promise that it would move Rhode Island closer to the ultimate goal of legalizing gay marriage.

I think Chafee did the right thing.

Yes there are overly broad religious exemptions (and Chafee noted them). Yes some people will use these exemptions to unfairly discriminate.

But some Rhode Island couples very much need the protections that are provided – and honored by honorable people. We cannot stop here. Now we move forward – with the Governor – to correct the broad language and to enact true marriage equality.

Couple recognition, state by state, mid-2011 update

Timothy Kincaid

June 29th, 2011

The first half of this year has seen some victories and some defeats; and even some which are hard to categorize. But, there certainly has been change.

The status of the various recognition mechanisms is as follows (2011 additions are in italics):

Marriage
on the same terms as heterosexual marriage – 11.5% of US Population:

Massachusetts
Connecticut
Iowa
Vermont
New Hampshire
District of Columbia
New York

Civil Unions
– all rights except the name – 8.2% of US Population:

New Jersey
Illinois
Hawaii
Delaware
Rhode Island

Domestic Partnerships with nearly all the rights except the name – 16.3% of US Population

California
Oregon
Washington
Nevada

Limited recognition of same-sex couples – 5.8% of US Population

Colorado – Reciprocal Benefits
Wisconsin – Domestic Partnerships
Maine – Domestic Partnerships
Maryland – Domestic Partnerships

In addition, the state of Maryland (and perhaps New Mexico) will give full recognition to same-sex marriages conducted where legal.

So about 41.8% of all US residents live in a state in which some measure of recognition is given to same sex-couples. In addition, another 7.3% of the population lives in one of the dozens of cities which offer some form of recognition and protection for same-sex couples.

LGBT Groups Urge Veto of Rhode Island Civil Unions Bill

Jim Burroway

June 29th, 2011

A broad coalition of LGBT advocacy groups are urging Rhode Island governor to veto the fatally flawed Civil Unions Bill which passed the state Senate earlier today. According to a press release sent out by two of those groups:

On the heels of a marriage victory in New York, marriage advocates including Freedom to Marry and the Gay & Lesbian Advocates & Defenders (GLAD) sent a letter late yesterday evening to Rhode Island governor Lincoln Chafee calling on him to veto the civil union bill currently under consideration if it comes to his desk in its present form.  The bill contains a provision that would allow   religious organizations and their employees to disregard couples’ civil union status, creating unprecedented, onerous and discriminatory hurdles for same-sex couples seeking to take care of one another.

“This flawed civil union bill undermines a crucial principle that Rhode Island has always stood for — respecting the separation of church and state,” said Marc Solomon, National Campaign Director for Freedom to Marry.  “Not only does the bill propose a separate-and-unequal status instead of ending the denial of marriage itself, it grants an unprecedented license to discriminate against same-sex couples and their families. Governor Chafee should veto this defective bill and work with the legislature to enact a marriage bill that ends discrimination while preserving religious and personal freedom on equal terms for all.”

The letter, which was signed by groups including Freedom to Marry and GLAD, reads: 
This amendment could allow individuals, who are legally required to recognize everyone else’s legal commitments, to opt out of doing so only for gay and lesbian people.   In practical terms, this law could allow religiously affiliated hospitals to deny a civil union spouse’s right to be by his spouse’s side and make medical decisions for him, and could allow religiously affiliated agencies to deny an employee’s right to leave in order to care for his civil union spouse under Rhode Island Family and Medical Leave.

To read the full letter and see the full list of signers, click here.

“The Corvese amendment actually diminishes protections already available under Rhode Island law, and is seriously damaging to Rhode Island’s gay and lesbian families. If it becomes law, there is trouble ahead for Rhode Island’s same-sex couples,” said Karen Loewy, Senior Staff Attorney for Gay and Lesbian Advocates and Defenders.

Signatories to the letter include: American Civil Liberties Union, Family Equality Council, Gay & Lesbian Advocates & Defenders (GLAD), Freedom to Marry, Human Rights Campaign, Lambda Legal Defense and Education Fund, Marriage Equality Rhode Island, National Center for Lesbian Rights, and the National Gay and Lesbian Task Force.

When New York lawmakers negotiated that state’s marriage equality bill, particular focus was on a set of provisions which would provide an exemption for religious groups and organizations from being required to recognize same-sex marriage. New York’s exemptions were narrow and carefully crafted, giving very little away from what was already constitutionally guaranteed under the First Amendment. Those limits were carefully placed around churches, religious schools, and housing provided for members of a particular faith.

But the exemptions in Rhode Island’s civil unions bill, as it currently stands, pretty much allows virtually anyone to ignore a couple’s civil union:

15-3.1-5. Conscience and religious organizations protected. –

(a) Notwithstanding any other provision of law to the contrary, no religious or denominational organization, no organization operated for charitable or educational purpose which is supervised or controlled by or in connection with a religious organization, and no individual employed by any of the foregoing organizations, while acting in the scope of that employment, shall be required:

(1) To provide services, accommodations, advantages, facilities, goods, or privileges for a purpose related to the solemnization, certification, or celebration of any civil union; or

(2) To solemnize or certify any civil union; or

(3) To treat as valid any civil union; if such providing, solemnizing, certifying, or treating as valid would cause such  organizations or individuals to violate their sincerely held religious beliefs.

(b) No organization or individual as described in subsection (a) above who fails or refuses to provide, solemnize, certify, or treat as valid, as described in subdivision (a)(1), (a)(2) or (a)(3) above, persons in a civil union, shall be subject to a fine, penalty, or other cause of action for such failure or refusal.

Civil Unions pass Rhode Island Senate

Timothy Kincaid

June 29th, 2011

NY Times

Less than a week after same-sex marriage was legalized in New York, the Rhode Island State Senate on Wednesday evening approved a bill allowing not marriage, but civil unions for gay couples, despite fierce opposition from gay rights advocates who called the legislation discriminatory.

Governor Chaffee is expected to sign the bill.

Mr. Chafee told reporters on Wednesday that he would probably sign the bill even though he thought the religious protections were overly broad.

“We’re taking incremental steps forward, as other states have,” he said. “We want to get on the path to full equality, and this is a step on the path.”

We will continue our fight for equality. And it appears that the first step will be to get State Senate President, M. Teresa Paiva Weed (D – Jamestown), somehow replaced. She now stands as the single biggest obstacle to civil equality in the state.

Civil Unions approved by RI Senate Committee

Timothy Kincaid

June 29th, 2011

WPRI.com

Rhode Island moved one step closer to allowing same-sex civil unions on Wednesday afternoon after the Senate Judiciary Committee passed a bill to legalize them.

The committee voted 7-4 to approve the measure. The full Senate is expected to vote on the legislation Wednesday evening.

Rhode Island Senate Committee vote tomorrow

Timothy Kincaid

June 28th, 2011

The Rhode Island Senate is, at last, acting on the Civil Unions bill. (Boston Globe)

The Senate Judiciary Committee has scheduled a vote Wednesday on the civil union bill. If the committee endorses the legislation, it will head to the full Senate for a final vote. Until Monday the bill appeared to be languishing on the Senate agenda as time ran out on the legislative session.

This is a crappy bill. Even if you set aside that this should be a marriage bill instead of a civil unions bill, it contains provisions that are considered disproportionately generous to religious objectors.

But that stuff is, for the most part, window dressing. It’s a battle over exactly which people are entitled to legally discriminate and – as in reality these provisions will impact very few real folk – they are distractions more than they are issues.

Do you really care if Pastor Steve down at the First Church of I’m Better Than You recognizes your civil union when pricing discounts for his church’s Anti-Halloween Festival? And if so, do you care so much that you’ll give up inheritance rights or other marital benefits?

I think that Rhode Island will, in short time, join the family of marriage equality states. But until that time, let’s pass this inferior civil unions bill and then move on to lobbying for full equality.

Christie on gays, sin, and civil unions

Timothy Kincaid

June 15th, 2011

I may have misjudged Chris Christie when he won the Republican nomination for Governor of New Jersey:

Christie is no friend of our community.

Statements he has now made to Piers Morgan suggest a man who is less antagonistic than I presumed.

YouTube Preview Image

While this is still a position that is a disappointment for New Jersey, where marriage seemed a likelihood a few years ago, I’m sure there are plenty of gay folk who would happily trade their governor for him.

What is interesting about this interview is that Christie felt no need to note that his view was “perhaps in disagreement with others in the party” nor did Morgan seem shocked by the “liberal” stance. And this bodes well for the future of our rights. While the current batch of clowns dancing around the calliope hoping to get the privilege of losing to Obama in 2012 are all dedicated to heterosexual supremacy, Christie’s position gives recognition – and permission – to the growing number of Republican politicians who are abandoning the rhetoric of sin.

Rhode Island civil unions move along in the Senate

Timothy Kincaid

June 1st, 2011

Gay advocates are disappointed by the bill, anti-gay advocates oppose anything like it. In fact, there may only be about 100 people in all of Rhode Island who really want the civil unions bill and all of them may be in the legislature.

I once said, decades ago in college student government, that a perfect compromise is one in which neither side wins. And while that language is perhaps less than poetic, it has truth. While I don’t believe that this is an area in which we should settle for less than full equality, nor do I see any reason for incremental steps in Rhode Island, in term of compromise this is not a bad one. For an unnecessary compromise.

But civil unions are what Rhode Island is getting, and all it’s getting for now, so perhaps we should decide to be happy about it.

Tomorrow the Senate Judiciary Committee will hold a hearing on the bill.

Congratulations, Illinoisans

Timothy Kincaid

June 1st, 2011

Today same-sex couples in Illinois can be joined in civil union and gain many of the state-granted advantages, obligations, and rights of marriage.

Our congratulations to all Illinoisans. To same-sex couples for expanded rights. To gay people for a step up in recognition of your worth as a fellow citizen. And to all other residents for your inclusion in the still-small number of states that have expressed their willingness to place humanity ahead of tradition, animus, or exclusion.

But ‘freedom of religion’ means that you have to give me taxpayer money!!

Timothy Kincaid

May 27th, 2011

The State of Illinois has changes the way in which it wants one of its programs to operate. One of their contractors doesn’t think that it can operate under the new rules, and so it is not going to apply for further contracts with the state. The policy change is that same-sex couples cannot be excluded from consideration by state-funded adoption agencies, and the contractor is the Rockford Diocese of the Catholic Church.

Yeah, they made good on their threat. And, of course, they are whining and moaning that their “moral stance” actually cost them anything. They seem to believe that when you claim that you are taking a moral stance, then everyone else should cater to you and make exceptions for you. (Beacon-News)

Officials from the Rockford Diocese, which includes Aurora, Kane County and much of Kendall County, said they were forced to terminate state contracts worth $7.5 million after lawmakers failed to pass an amendment exempting religious groups from provisions of the state’s new civil unions law. The law, which will let gay and lesbian couples form civil unions, a rough equivalent to marriage, takes effect on Wednesday.

“The law of our land has always guaranteed its people freedom of religion,” diocese spokeswoman Penny Wiegert said. “Denying this exemption to faith-based agencies leads one to believe that our lawmakers prefer laws that guarantee freedom from religion.”

Yes, they believe that it’s a matter of religious freedom. Of course, they also believe that the Pope should dictate civil policy to “Christian Europe”, so it’s a little difficult to take them seriously when they talk about “religious freedom.”

So now the other 40-odd private agencies (including two other religiously-based groups) will have to pick up the Catholic Church’s 15% of the burden. Or perhaps not even that much if the other three Catholic agencies decide that their faith doesn’t exactly compel them deny orphans a loving adoptive family.

Rhode Island civil unions pass the House

Timothy Kincaid

May 19th, 2011

The Rhode Island House has voted on civil unions and the bill passes 62 to 11.

Democrats voted 56 yes; 8 no; 1 not voting
Republicans voted 6 yes; 3 no; 1 not voting

The bill will pass now go to the Senate where its passage is certain and then it will be signed by the Governor. In the immortal words of Gavin Newsom, it’s going to happen whether you like it or not.

In our frustration with this second class solution in place of what was promised, let’s keep in mind that only three years ago we would have danced in the streets tonight in celebration of a civil unions victory. And come July 1, many gay couples in Rhode Island will have legal rights and security for their relationship that they do not have today.

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