Posts Tagged As: Marriage

Marriage Ban Goes to Wisconsin Supreme Court

Timothy Kincaid

April 9th, 2009

In 2006, Wisconsin voters passed the following amendment to their constitution by 59%:

Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state.

Now the Wisconsin State Supreme Court will be presented with the question of whether the referendum illegally put two issues to voters at the same time: whether to ban gay marriage and whether to outlaw civil unions.

On Thursday, the appeals court in Madison asked the seven-member Supreme Court to take the case instead. The appeals court said the case presents several new legal issues that should be decided by the state\’s highest court.

“The validity of the marriage amendment is a matter of significant public interest with statewide implications,” the three-judge panel wrote.

If the court chooses to hear the case, it could invalidate the amendment.

Marriage Vote May be Coming to New York

Timothy Kincaid

April 9th, 2009

New York Legislature is a world in which votes are often the least tense or worrisome of the legislative process. Vote counts are made long in advance with back room wrangling determining the outcome before the issue is ever raised.

Governor Patersen wants to stand that on its head.

In a radio address yesterday, he called for the gay marriage bill to be brought up for a vote in the Senate, even if it fails.

In an appearance on an Ithaca radio station, Paterson said Wednesday he doubted the measure would pass, but that it still merited a vote on the floor of the Senate.

“We’ll put a bill out and let the people decide one way or the other, which is actually the reform Albany really needs,” Paterson said, referring to the gay marriage bill

This did not sit well with gay lobbyists who do not yet believe they have adequate votes to pass the bill and who were given no advance warning.

While I recognize the value of strategy and timing, part of me would rather have it public who supports equality and who will not rather than drag on indefinitely waiting for the ‘right time’ for Senate leadership to spend the political capital and twist the arms required to pass this legislation.

Dr. Laura Supports Same-Sex Couples

Timothy Kincaid

April 9th, 2009

dr-laura.jpgDr. Laura Schlessinger is the go-to girl for conservatives (and others) who want folksy but direct advice on their lives and relationships. Although she has had a less-than-friendly relationship with the gay community in the past, in July of last year we reported on our impression of a much gay-friendlier Dr. Laura. She seemed to have adopted a more pragmatic approach to gay men and women.

Last night she was on Larry King Live to plug her new book, In Praise of Stay-At-Home Moms. Asked about lesbian parenting, Dr. Laura gave a vague answer that seemed to suggest that she was not favorable (an issue we discussed last June). But this was followed by an exchange in which Dr. Laura seemed to endorse same-sex relationships, if not the term “marriage”.

KING: This week, the Washington City Council voted to recognize same-sex marriages performed in other states. And the Vermont legislature voted to override a gubernatorial veto of a bill legalizing same sex. Do you think this — now we have four states, about to be five states.

SCHLESSINGER: Well, it’s issues of — sometimes it’s done by courts, sometimes it’s done by legislatures.

KING: Basically, five states now say you can have it. What do you think of that? What are you laughing at?

SCHLESSINGER: Well, I don’t have much of an opinion on it.

KING: You have no opinion on it?

SCHLESSINGER: Not much, no.

KING: But you’ve always favored that marriage must be between a man and woman.

SCHLESSINGER: I’m very big on human beings finding love, attachment and commitment and being faithful to it, because there’s more to benefit when there is real true commitment and faithfulness to it. I still believe, as just every president has, and all the people who ran for office, that marriage is a sacrament between a man and a woman. So not calling it marriage works for me. But that two people would have that sort of commitment to me is very healthy and very positive thing in their lives and society as a whole.

KING: So, you favor marriage between a man and a woman, but you applaud the fact that even people of the same-sex can have that kind of commitment to each other.

SCHLESSINGER: That’s a beautiful thing and a healthy thing.

KING: We’ll be back with more of Dr. Laura Schlessinger.

Dr. Laura has great sway in influencing the thinking of your average conservative housewife. And if Dr. Laura isn’t much upset by recent changes to state marriage laws, then this gives plenty of folks in Iowa permission to not be upset either.

And while I’d prefer an endorsement of marriage equality, I’m delighted that she is defining same-sex commitment as healthy and positive in the lives of gay people and in society as a whole.

(hat tip to reader David)

Who is Damon Owens?

Timothy Kincaid

April 8th, 2009

Damon OwensIn their delightfully campy ad currently running in several states, the National Organization for Marriage presents a spokesperson, Damon Owens. He tells us that “A rainbow coalition of people of every creed and color are coming together in love to protect marriage”, but he tells us nothing about himself.

And other than presenting his name with “National Organization for Marriage” underneath, we know nothing about his position or affiliation. He’s not listed on the NOM website as being on their lily-white staff or a member of their Board of Directors. In fact, a search on their website for “Damon” yields no hits at all.

Who then is this mysterious Mr. Owens?

Well an internet search reveals a bit about Damon Owens and his unique perspectives on marriage. An undated bio on the website of the National Black Catholic Congress tells us:

Damon Clarke Owens lives in West Orange, NJ with his wife Melanie and their five daughters. He is the Director of Natural Family Planning for the Archdiocese of Newark, NJ and the founder of New Jersey Natural Family Planning. He speaks nationally on marriage, chastity, Theology of the Body, and Theology of the Family. [more on that later]

And we also find that Damon Owens is a devotee of the spirituality of St. Josemaria, better known as the Opus Dei. A secretive Catholic organization mostly unknown before being dramatized as the fictional villains of The Da Vinci Code, the Opus Dei is a group that believes in the sanctity of good works (perhaps best defined by the advancement of Roman Catholic doctrine). The Opus Dei is also known for the far-right political associations of its members.

Perhaps the most controversial practice of the Opus Dei is Mortification, self-inflicted pain intended as a gift or sacrifice to God. This may include the use of a celice, a metal chain with inward pointing barbs, or other discomforts. Mortification is practiced primarily among the celibate, about 30% of Opus Dei followers.

Owens is not, however, among the celibate. In fact, he goes in the opposite direction. As indicated in his bio, Owens is a practitioner and teacher of the Theology of The Body.

The Theology of the Body loosely refers to Pope John Paul II’s teachings about Catholic doctrine and how it applies to sexuality and family. But to Protestant ears such as mine, it seems to go much further than matters of behavior and spiritual conviction.

I hesitate to state with certainty, but it appears that the Theology of the Body hints, at least, that one knows God – or perhaps Christ’s relationship with the Church – through sexual complimentarity with the opposite sex. Because this seems startlingly like the beliefs of a fertility cult, I may perhaps be overstating their views.

[Jim Burroway provides additional context for understanding the Theology of the Body and, while foreign to my religious experience, it does appear to be well within Catholic orthodoxy. ]

In any case, Owens is hardly representative of “people from every creed”. Rather, he is affiliated with some rather extreme offshoots of the Catholic Church, and his beliefs about marriage are far from mainstream Christianity, much less the American populace.

We’re Almost There

Jim Burroway

April 8th, 2009

Support for same-sex marriage bans has been dipping slowly and steadily over the years, if polls are any indication. On Monday, BTB’s Timothy Kincaid reported on some number crunching by Nate Silver to determine the last year in which such a ban would be supported by a majority in each state. To those who are more visually inclined, the results, according to Silver’s model, looks something like this:

Remember, this model only predicts the last year in which a ban on same-sex marriage would pass if it were brought to a vote. Thirty of these state already have a constitutional ban on same-sex marriage, and this model doesn’t predict the ban’s demise for those states. Passing a constitutional amendment and rescinding one that already exists are two completely different things. What’s more, this model can’t predict when marriage equality might actually arrive. Time is on our side, but we still have a lot of very hard work to do.

[Hat tip: JoeMyGod]

Iowa Gov. Culver Will Not Push Marriage Ban Amendment

Timothy Kincaid

April 7th, 2009

Finding no traction in the Iowa Senate or House in their desire to overturn marriage in Iowa, anti-gays were hoping that Governor Chet Culver, a Democrat that had indicated personal opposition to marriage equality, would call a special session to push through a marriage ban amendment. The Omaha World-Herald is reporting that their approaches have been rebuffed:

Iowa Gov. Chet Culver said Tuesday he will not support a constitutional amendment to ban same-sex marriage.

The Supreme Court found that denying gay and lesbian couples marriage is discrimination under the Iowa Constitution\’s equal protection clause. With that in mind, Culver said he is “reluctant” to add a provision to the constitution that was already found “unlawful and discriminatory.”

With the Senate and House leadership unwilling to bring an amendment up for a vote and the Governor unwilling to support their efforts, anti-gays are finding few available options left. Until such time as they can use homophobia as a basis for their political campaigns, they are limited in their response to ranting, raving, hand wringing, denouncing, whining, and pouting.

All of which they will do.

Save on Golf in Columbia Missouri

Timothy Kincaid

April 7th, 2009

From Connect MidMissouri:

Columbia city council members unanimously voted on Monday night to establish a domestic partner registry.

The registry allows qualifying same sex couples to register with the city of Columbia to get benefits and discounts at certain locations.

Unfortunately, there’s not a whole lot that this arrangement provides

Community Services Manager Steve Hollis said, “The only tangible benefit is the ordinance contains language that allows folks to access city services such as golf or the arc at the family rate, if they are in the domestic partnership registry. So really, that\’s the only tangible benefit. Other than that, it\’s rather symbolic actually.”

We appreciate this, Columbia. The validation of being recognized by your neighborhood and your community far outweighs any local civic service benefits.

But, yes thanks, we’ll take the golf discount.

Maryland Moves Closer

Timothy Kincaid

April 7th, 2009

Today definitely is Gay Couple Day.

From the Baltimore Sun:

The Senate voted 28-19 Tuesday to approve a bill that would add same-sex domestic partners to the list of family members who can inherit homes without paying taxes on that property. The exemption would only apply to the couple’s primary residence and the property must be jointly owned to get the tax break.

There is no state inheritance tax on property passing to spouses, children, parents, grandparents, stepchildren or stepparents and siblings under current Maryland law. Others pay a 10 percent tax on the property’s value.

Oh c’mon now Maryland. Wouldn’t it just be easier and quicker to legalize marriage and not have to take the incremental approach?

Percentage of American Couples Protected

Timothy Kincaid

April 7th, 2009

This has been a good week for Americans who value equality and social stability. More gay couples have been incorporated into the fabric of society and endowed with both the blessings and the expectations of their neighbors.

Here is how same-sex couples fare (after the relevant commencement dates of Iowa, Vermont, and D.C.):

  • 4.5% of Americans live in a state that recognizes marriages (Massachusetts, Connecticut, Iowa, and Vermont)
  • 16.6% of Americans live in a state that offers all of the benefits and obligations of marriage by a different name (California, New Jersey, Oregon, and New Hampshire)
  • 5.1% 4.9% of Americans live in a state (or District) that offers recognition to same-sex couples, but not with all of the same benefits and obligations as marriage (Hawaii, Maine, Washington, District of Columbia, and Maryland)
  • 7.4% 7.6% of Americans live in a state (or District) that either recognizes out-of-state legal marriages or in which that status has not been fully determined (Rhode Island, New York, and New Mexico, and the District of Columbia)
  • 66.4% of Americans live in a state that does not recognize their relationship at all

UPDATE:

The above breakout has been amended to show that Washington D.C. does currently recognize Domestic Partnerships and offer limited benefits.

Nation’s Capital Votes to Recognize Same-Sex Marriage

Timothy Kincaid

April 7th, 2009

Today the District of Columbia voted to recognize those same-sex marriages that are performed where legal. (WJLA)

An amendment that would recognize same-sex marriages performed outside of the District of Columbia has been unanimously approved by the D.C. Council, the office of At-Large Councilman David Catania confirmed to ABC 7 News Tuesday.

Although this bill does not allow for the recognition of marriages within the District, Catania plans a bill for later this spring or summer.

The D.C. Council does not have full authority over the laws of the nation’s capital. Congress can, and often does, interfere and block legislation that would impact the residents of Washington. The reaction to the decision made by the Council may well give us a predictor about the success of future efforts to overturn DOMA.

D.C. Takes Important Half Step Towards Marriage Equality

Jim Burroway

April 7th, 2009

The District of Columbia voted today to recognize same-sex marriage performed in other states. The unanimous 12-0 vote, coming on the same day that Vermont enacted same-sex marriage, means that the nation’s capital will recognize couples who were married out of state as married couples. Several council members hailed today’s vote as an important step towards full marriage equality in the District.

VT Senate Overrides Marriage Veto; House Vote Expected To Be Close

Jim Burroway

April 7th, 2009

The Vermont Senate just voted 23-5 to override Gov. Jim Douglas\’s (R) veto of the marriage bill which would allow for same-sex marriage. The vote now goes to the House, where the override vote is expected to be very close. You can hear the live-stream of the House debate and vote here. A two-thirds vote of those present and voting is needed to override a veto.

Queerty has an excellent rundown on the five people in the Vermont House who will decide which way Vermont will go.

Iowa Senate President Blocks Same-Sex Marriage Ban

Jim Burroway

April 6th, 2009

Iowa State Senate Majority Leader Mike Gronstal is already on record as saying that as long as he’s Majority Leader, there will be no vote on a constitutional amendment to ban same-sex marriage. He reiterated that stance today, in no uncertain terms.

“‘You guys don’t understand. You’ve already lost.’ … No, Senator McKinley, I will not co-sponsor a leadership bill with you.”

Gov. Douglas Vetoes Vermont’s Marriage Bill

Timothy Kincaid

April 6th, 2009

Governor Jim Douglas has, as expected, vetoed SB 101, the marriage bill.

This legislation does not address the inequalities espoused by proponents. Regardless of whether the term marriage is applied, federal benefits will still be denied to same sex couples in Vermont. And states that do not recognize same sex marriage or civil unions will also deny state rights and responsibilities to same sex couples married in Vermont. This bill will not change that fact.

Vermont’s civil union law has afforded the same state rights, responsibilities and benefits of marriage to same sex couples. Our civil union law serves Vermont well and I would support congressional action to extend those benefits at the federal level to states that recognize same sex unions. But I believe that marriage should remain between a man and a woman.

Douglas’ message does contain a bit of good news

On such an intensely personal issue as this, all members must do as their individual conscience dictates, with the best interest of their districts in mind. It is for those reasons that I have not sought to lobby members of my own party, or asked opponents to sustain my veto.

I am annoyed with Douglas to no end for his action. But this veto message is perhaps the best we could hope for; it nearly invites the legislature to overturn his veto and makes promises of future support.

Now let’s hope that we can corral the votes needed in the House to reinstate Marriage.

Silver: Marriage Supported in All States in About 15 Years

Timothy Kincaid

April 6th, 2009

Nate Silver of Five Thirty Eight has become a bit of a hero to those who turn to pundits and prognosticators. His accuracy at predicting voter results has made him an instant legend.

Silver has now reviewed 30 constitutional amendments and come up with a formula for predicting the results of votes to ban gay marriage. And it requires only three variables:

1. The year in which the amendment was voted upon;
2. The percentage of adults in 2008 Gallup tracking surveys who said that religion was an important part of their daily lives;
3. The percentage of white evangelicals in the state.

Silver sees a trend in which anti-gay bans lose about 2% support each year. And he projects the date at which such a ban could not be passed in each state (for example, California’s Proposition 8 would have failed in 2010).

Now, more than half of the US several states have already banned gay marriage. And there is a difference between defeating an anti-marriage amendment and supporting a pro-marriage amendment. But it is reasonable to assume that the date on which an anti-gay marriage amendment would fail and that on which a pro-gay marriage amendment would pass are not separated by too many years.

And he predicts that support for marriage bans will quite soon be limited to the states where one most expects it.

By 2016, only a handful of states in the Deep South would vote to ban gay marriage, with Mississippi being the last one to come around in 2024.

Time is on our side.

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