Thursday, November 06, 2014

To the Supreme Court we go - Sixth Circuit Appeals Court upholds marriage equality bans in four states

Looks like the issue of marriage equality may have to be finally decided by the Supreme Court thanks to an absolutely ridiculous ruling by the Sixth Circuit Court of Appeals.

From Buzzfeed:

The 6th Circuit Court of Appeals upheld four states’ bans on same-sex couples’ marriages on Thursday, splitting with the decision of four other appellate courts and likely setting up a Supreme Court showdown on the issue.

Judge Jeffrey Sutton, writing for the 2-1 majority of the court, wrote the opinion upholding the constitutionality of Kentucky, Michigan, Ohio, and Tennessee’s bans.

“When the courts do not let the people resolve new social issues like this one, they perpetuate the idea that the heroes in these change events are judges and lawyers,” he wrote. “Better in this instance, we think, to allow change through the customary political processes, in which the people, gay and straight alike, become the heroes of their own stories by meeting each other not as adversaries in a court system but as fellow citizens seeking to resolve a new social issue in a fair-minded way.”

That statement is just plain ridiculous. What does Sutton think judges are for? If we left it up to him, segregation would have had to have been decided through African-Americans waiting on the benevolence of white voters. It is an absolute shirking of his duty.

According to Talking Points Memo, Sutton also said the following:

"[T]he right to marry in general, and the right to gay marriage in particular, nowhere appear in the Constitution. That route for recognizing a fundamental right to same-sex marriage does not exist." 

Sutton sounds like one of those types who believes that the Constitution should be interpreted as it was when it was written and not taking into account that it has to be a "living document" such a belief is impossible in terms of the multitude of changes taking place in American culture over rhe years.

The one judge who voted against upholding the bans, Martha Craig Daughtrey, called out her colleagues in what The Huffington Post called a "blistering dissent:"

The majority opinion "treats both the issues and the litigants here as mere abstractions," Daughtrey wrote.

"Instead of recognizing the plaintiffs as persons, suffering actual harm as a result of being denied the right to marry where they reside or the right to have their valid marriages recognized there, my colleagues view the plaintiffs as social activists who have somehow stumbled into federal court, inadvisably, when they should be out campaigning to win 'the hearts and minds' of Michigan, Ohio, Kentucky, and Tennessee voters to their cause," she wrote.

"But these plaintiffs are not political zealots trying to push reform on their fellow citizens; they are committed same-sex couples, many of them heading up de facto families, who want to achieve equal status ... with their married neighbors, friends, and coworkers, to be accepted as contributing members of their social and religious communities, and to be welcomed as fully legitimate parents at their children’s schools," she continued. "They seek to do this by virtue of exercising a civil right that most of us take for granted -- the right to marry."

Citing the Supreme Court ruling that struck down key provisions of the Defense of Marriage Act in 2013, Daughtrey said that the majority of the federal appeals court ignored the damage to the children of same-sex couples whose unions were not recognized.

People familiar with the Supreme Court ruling in the Windsor case, Daughtrey wrote, "must have said to themselves at various points in the majority opinion, 'But what about the children?' I did, and I could not find the answer in the opinion."

She added that it was "ironic that irresponsible, unmarried, opposite-sex couples in the Sixth Circuit who produce unwanted offspring must be 'channeled' into marriage and thus rewarded with its many psychological and financial benefits, while same-sex couples who become model parents are punished for their responsible behavior by being denied the right to marry."

In concluding her dissent, Daughtrey cited the oath of office she took more than 20 years ago when she was sworn into office. She said her colleagues "seem to have fallen prey to the misguided notion that the intent of the framers of the United States Constitution can be effectuated only by cleaving to the legislative will and ignoring and demonizing an independent judiciary." She wrote that the judiciary existed to "ensure that rights, liberties, and duties need not be held hostage by popular whims."

"If we in the judiciary do not have the authority, and indeed the responsibility, to right fundamental wrongs left excused by a majority of the electorate, our whole intricate, constitutional system of checks and balances, as well as the oaths to which we swore, prove to be nothing but shams," she wrote.

To the tell the truth, this piecemeal approach was annoying. Hopefully the Supreme Court will deal with this soon.

'Marriage equality a silent winner in midterm elections' & other Thursday midday news briefs

Midterm exit polls show marriage equality's momentum, staying power - I see why the Family Research Council didn't talk about marriage equality during their gleefest about the midterms. Turns out marriage equality was a big, but quiet, winner. 

State Judge Overturns Missouri’s Ban On Same-Sex Marriage - By the way, THIS happened. The march goes on. 

 How Did Gay, Lesbian, And Bisexual People Vote? - That's a good question. I'm scared to find out the answer but it is still a good question. 

 Laverne Cox Named A Woman Of The Year By Glamour Magazine - Congratulations Laverne Cox!

Family Research Council 'forgets' to mention marriage equality in election night bragging fest


The end result of the 'religious freedom argument'

Just as I figured, the Family Research Council is crowing like a crowd of roosters because of Republican election night wave:

Via an email from FRCAction:

President Obama has bailed out a lot of things in six years -- but last night, the Democratic Party wasn't one of them.

By night's end, his policy failures accounted for one of the largest Republican waves to hit Capitol Hill since World War II, as the GOP won back control of Congress. With a 12-seat cushion in the House and seven-plus gains in the Senate, conservatives sent more Democrats packing than the city has moving vans.

The message from an angry electorate was clear: the experiment in lawlessness has gone on long enough. And while Republicans were the beneficiaries of the country's outrage, Tuesday's victories were not so much an endorsement of the GOP as they were a repudiation of Senator Harry Reid's (D-Nev.).

Angry voters used Republicans to remind the White House that the President and his party can bypass Congress. They can even ignore the Constitution. But as long as democracy exists, they cannot silence the people. With a 52-45 edge in the Senate and a comfortable double-digit majority in the House, a new political dynamic is already taking shape. This morning, voters woke up to even more surprises, as Democrats continued to fall like dominos in liberal strongholds like Illinois, Maryland, and Massachusetts.

It goes on like this, except for in one unexpected place. There is nary a mention about marriage equality. There is an offhand comment about the recent 'I Stand Sunday' event but even then there is no mention of marriage equality or the argument about "religious liberty:"

 For all the talk that the evangelical movement is dead or irrelevant, last night's results should put those rumors to rest. Thanks to the momentum from I Stand Sunday, Star Spangled Sunday, and unprecedented church engagement, 26% of the voters in yesterday's midterms were evangelicals (1% higher than their turnout in 2010). A whopping 78% of them broke for the GOP. And that's just the tip of the evangelical iceberg. Experts believe there's plenty of untapped potential in the pews, especially if a third of possible evangelical voters stayed home. Imagine the growth possibilities for the GOP if it did more to mobilize its social conservative religious base! Meanwhile, the non-churchgoing vote fell heavily Democratic -- a reminder of how important the evangelical movement is to the Republicans' success. Once again, the youth vote was an unreliable one for either party, with a 12% turnout for 18 to 29-year-olds (a seven-point drop from 2012).

It's fascinating that an organization so invested in exploiting people's inaccurate fear and religious opposition to marriage equality would go out its way to exclude mentioning it on its post election night gleefest.

Could it be that FRC recognizes that marriage equality was not a large factor the Republican victories? Could it be that the organization is tacitly scaling back its vocal commitment against marriage equality because it recognizes it can't stop the progressive onslaught of  the issue?

Naw.  FRC is planning something and I bet that it will be huge.

In the meantime, let's do what we can to make the above picture the true face of the "religious liberty,"  "religious freedom" argument.

Photo taken from BradPritch on Instagram via Goodasyou.org

Wednesday, November 05, 2014

Anti-gay talking head who wants to 'recriminalize homosexuality' elected to Michigan legislature

I hate to be the bearer of such news but Gordon Klingenschmitt wasn't the only insane anti-gay spokesperson to win a seat in a statewide legislature:



This is Gary Glenn. He was former head of the Michigan chapter of the American Family Association. He is now a Michigan state legislator. The above video of him telling Christians to ignore court rulings supporting marriage equality should give you an idea where he stands.

And according to Right Wing Watch:

Glenn has denounced efforts to curb anti-LGBT bullying in schools as a “Trojan Horse” plot by “homosexual activists” who want to “segregate students” and suggested that schools ban clubs like the Gay-Straight Alliance for “promoting behavior that [is] self-destructive and harmful to young people.” Instead, Glenn thinks that if schools “truly cared about young people who are ensnared by deviant behavior, they would tell them the truth that homosexuality is harmful and to be avoided.” In previous election cycles, Glenn has attempted to defeat gay Michigan candidates. In a robocall against one gay candidate, he used the word “homosexual” no less than ten times.

 But the main you should know about Glenn is this:

Glenn . . . wants to recriminalize homosexuality, which he says is “a proven threat to public health and safety . . ."

It was that lovely wish which led Glenn and I to clash on my blog in 2010 over not only his belief that homosexuality should be recriminalized,  but his opinion of the so-called "homosexual lifestyle."

 I whipped his ass using information which I later put in my book, How They See Us: Unmasking the Religious Right on Gay America  which you can download from here - (howtheyseeus.files.wordpress.com/2013/12/howthey-see-us-with-index2.pdf )  or  here (https://www.scribd.com/doc/119413856/HowThey-See-Us) - hint! hint! about our potential method of attack when these folks start spilling their lies.

To put it nicely, if I had whipped Glenn any worse with regards to his errors he tried to pass off as truth, he would have volunteered to go out on the street at night to "make me some money."

Generally speaking though, Glenn's and Klingenschmitt's election to their state legislatures promises some interesting times for the lgbt community. Interesting and successful times to demonstrate the need for  lgbt equality if we play it right.

So swallow your shock and anger and get ready for the game.

'Zany anti-gay activist now state legislator' & other Wednesday midday news briefs

If you ask me, a bunch of huge planes flew over America yesterday and sprayed the entire country with poppies and opium. You want proof of that? This guy is now a Colorado state legislator:


Meet 'Dr. Chaps' Gordon Klingenschmitt: Colorado's New Anti-Gay, Demon Hunting State Legislator - Hey, don't get discouraged. Give anti-gay figures room to talk. They always make the case for lgbt equality.

 In other news:

The 2014 midterms - Thank you Jeremy Hooper (the Tully Blanchard to my Arn Anderson. Yes, I am putting the "band" back together ) for your concise and excellent look at last night's . . . thing.  

Maura Healey Becomes First Openly Gay Attorney General In The Country - Oh yeah, this happened. 

 Brittney Griner attacked in China - And unfortunately this. 

 What does Republican Senate takeover mean for LGBT issues? - Lastly, take a breath, brothers and sisters. A setback doesn't mean a loss and when you look at it, last night was not necessarily a setback, although it can set the stage for a potential setback. But that can be averted.

Lgbts shouldn't pull back our demand for equality because of mid-term election results

It's over, done and through like a root canal or a colonoscopy. Amid all of the blaming, finger pointing, weeping, and grinding of teeth, let me remind folks of something:

Yesterday, a judge ruled for marriage equality in Kansas and in South Carolina, it looks like marriage equality will be coming any day now as a federal judge is poised to rule in our favor.

Progress in the arena of marriage equality continues to march forward. Although with this new Republican Senate coupled with the Republican House, I suspect that there will be new roadblocks put in the way via an attempt to push an anti-marriage equality constitutional amendment or pushing an extreme idea of  "religious exemptions" as a bill.

Whatever the case may be, the question I asked yesterday still stands. What is the lgbt community prepared to do? We have the momentum and at least partly knowledgeable of the roadblocks that will try to be put in our way. Sometimes greatness, survival, and immortality comes from how one handles adversity.

Are we going to cower in the corner waiting for the boogieman to come in our house and attack us or are we going to defend what we earned while at the same time planning to get more?

You know where I stand. At the front door with my hair rolled up, one hand on my hip, and the other holding a huge rolling pin.

Bring it on.

Editor's note -  I have a real feeling that the lgbt community will be needing this in the next two years. I say start now. If you are faced with an army who you know will attack, go after them first . For those who want to skip the site and go straight to the booklet, GO HERE:

howtheyseeus.files.wordpress.com/2013/12/howthey-see-us-with-index2.pdf


Tuesday, November 04, 2014

Get off of your butts and vote

Okay, it's election day, folks and if the prognosticators are to be believed, the Republicans will take over the Senate. With them already the majority in the House, that could spell for bad times ahead for President Obama and the lgbt community.

IF (which is the greatest Laconian answer of all time - look it up) the prognosticators are to be believed.

To tell the truth, though, whatever happens doesn't scare me. I've seen it before. If the Republicans succeed, one can count on various parties overdoing the analysis thing - the religious right will be bragging, Fox News will be lying, and almost everyone will falsely wonder is this the end of the Democratic Party and President Obama's agenda.

If Republicans don't succeed, then I look forward to enjoying many youtube videos of Republicans raging about "voter fraud" or crying over the "future of the country."

Then less than a year from now, something will happen which will cause everything said today to shift to the other direction.

The main thing to remember is your vote is powerful and very symbolic of the fact that in spite of the insanity and craziness today will launch, you are a citizen of this country and you matter.

Also, regardless of what happens, the lgbt community should never get discouraged. With all due respect, if Republicans do get what they want even after you voted, I am not the best person to come crying to. I don't want to hear it. That's not to be completely harsh, but I just want folks to be reminded that what we are achieving isn't supposed to be easy.

No matter who is in office, lgbt equality will not be handed to us. We are going to fight for every inch, every law in every state, and for the lives of every young lgbt who could either change the world for the better or be discouraged from all of the anti-lgbt negativity. Their choice is up to what we do and what attitude we take.

If things don't go how we want it today, then look to it as a setback but not an ending. If you must weep and cry, do it to get it over with and then come out swinging.

One thing that doesn't change regardless of today is that lgbts are on the road to equality (and not just with marriage equality) and once you are on that road, you can't be stopped from reaching your destination. Sure, there are some who can delay but every delay doesn't last that long.

Wait, I was wrong. If you are on the road to equality, you can be stopped from reaching your destination. But the only person who can do the stopping is you, if you choose to give in to discouragement and such.

The question today is what it has always been for the lgbt community. What are you prepared to do? Give in or keep moving forward?