The ospreys I mentioned in the previous post. (There are two)
''''
Ferry deck going to Bainbridge.
The Savannah News pinned the blame [for the Philadelphia transit strike] directly on "Mrs. Roosevelt's persistent efforts to force social equality on the American people." (p. 540)Doris Kearns Goodwin's No Ordinary Time spends a fair number of pages on Eleanor Roosevelt's interest and work to take down barriers to equality for blacks. I've covered some incidents in previous posts. And here. This post is one more. And given that people in Anchorage voted to deny such rights to LGBT Alaskans, it seems worth while to go back into history. The people opposing LGBT rights sound a lot like people who opposed rights for blacks back in 1944.
Under duress, the company announced a new round of qualifying examinations, open to anyone, for the position of motorman. William Barber, a young Negro who had started with the transit system as a laborer and worked his way up to a welder, was one of fifty who took the exam. "The exam was a written test, math plus some general questions," Barber recalled. "Eight of us passed. I got a ninety-eight, one of the highest scores. . . " (p. 538)But when Barber came to work the first day, there were no trolly cars on the street. The white workers went out on strike with calls to keep the Negroes out and to refuse to teach them the jobs. On the third day of the strike, FDR ordered the army to take control of the Philadelphia Transportation Company because people couldn't get to work at war related jobs, and things quickly turned around.
"The citizens of Philadelphia turned against the strikers. "In whatever degree the PTC walkout is based on race prejudice, it is wholly indefensible and thoroughly un-American," the Philadelphia Inquirer editorialized. "It represents nothing but insult and injury to millions of Philadelphians." (p. 539)And the Savannah News chastised Mrs. Roosevelt for forcing social equity on the American people. But blacks now could have motorman jobs.
"The first runs were tough," William Barber recalled. "People spit at me. I almost lost my temper, but I said, No, I'll just take it. I'm setting an example. And gradually things settled down. I remember one day a woman with a bad attitude came in. I called her stop and she missed it. She started screaming at me. "Look, lady," I said. "If you don't leave in one minute, one or the other of us is going to be meeting our maker very soon." With that, everyone on the bus burst into cheers and the lady shut up. (p. 540)Change can happen. Social change can happen. We're a long ways past 1944, but prejudice, while affected by social, political, and economic institutions, resides ultimately in people's hearts. And many parents have stopped inoculating their children against hate and prejudice. But when leaders take strong stands, backed by forceful action, things change. Even in Philadelphia in 1944, it appears that most people were not worried about having black bus drivers. They just needed strong leaders to make it happen. Unfortunately, we don't have enough strong leaders in Anchorage to make discrimination against LGBT folks illegal. And there seem to be enough religious leaders who think it's their duty to keep the discrimination legal. Even today, almost 70 years after blacks got the right to be bus drivers in Philadelphia.
When people focus so strongly on demonizing people over their sexual practices, one wonders what they themselves are trying to hide. Is the lashing out at others a way of projecting punishment for their own desires or guilt? Is it 'just a veneer?" I'm sure for some that is the case. What drives the others to such extremes?All this made me think we could end vocal nastiness against gays if we had evidence that such behavior indicated repressed homosexuality among the strongly anti-gay. If their vocal homophobia is a way to hide their own same-sex attractions, then exposing homophobia as a sign of homosexuality might cause them to stop taking those stands because a strong homophobic position would be simply outing yourself.
Using this methodology we identified a subgroup of participants who, despite self-identifying as highly straight, indicated some level of same-sex attraction (that is, they associated “me” with gay-related words and pictures faster than they associated “me” with straight-related words and pictures). Over 20 percent of self-described highly straight individuals showed this discrepancy.
Notably, these “discrepant” individuals were also significantly more likely than other participants to favor anti-gay policies; to be willing to assign significantly harsher punishments to perpetrators of petty crimes if they were presumed to be homosexual; and to express greater implicit hostility toward gay subjects (also measured with the help of subliminal priming). Thus our research suggests that some who oppose homosexuality do tacitly harbor same-sex attraction.
What leads to this repression? We found that participants who reported having supportive and accepting parents were more in touch with their implicit sexual orientation and less susceptible to homophobia. Individuals whose sexual identity was at odds with their implicit sexual attraction were much more frequently raised by parents perceived to be controlling, less accepting and more prejudiced against homosexuals.
It’s important to stress the obvious: Not all those who campaign against gay men and lesbians secretly feel same-sex attractions. But at least some who oppose homosexuality are likely to be individuals struggling against parts of themselves, having themselves been victims of oppression and lack of acceptance. The costs are great, not only for the targets of anti-gay efforts but also often for the perpetrators. We would do well to remember that all involved deserve our compassion.
Brandon Demery Curtain Call |
“In an age where politicians still routinely decry homosexuality on the evening news and “fag” remains the most stinging of all playground epithets, Charlotte’s dogged insistence on her own sexuality could prove downright curative, an antidote for a community too often besieged by public condemnation and internalized self-loathing. She was a bona fide gay hero.”**
. . . the producers of ''I Am My Own Wife'' have done theatergoers a service by giving the play a chance to be more widely seen. And it has, in fact, broader appeal than a mere description would have you believe. It is not an esoteric work, and it isn't especially kinky.
It does, however, tell a terrific story based on a real person, Charlotte von Mahlsdorf (née Lothar Berfelde), a soft-spoken but tenaciously gender-bending biological male who died in 2002 at 74. Her lifelong obsession -- Mahlsdorf preferred to be thought of as female -- was the preservation of furniture, especially pieces from the 1890's, and other household relics like Victrolas and gramophones.The playwright is one of the main characters in the play, a resolution to the dilemma of having conflicting information about his main character - is she a hero or not? - and not knowing which version was true or how to resolve the conflicts in a person he saw as a hero.
And while there were a number of characters - the Irish Film Magazine says 44 (some had very short parts) - there was only one actor playing them all. There were a few words here and there that slipped out of his mouth that had to be retrieved quickly before proceeding, but that really didn't detract from the power of the performance.
"An exchange with a colleague at a writers’ retreat in 2000 gave Wright insight into an approach to Charlotte’s story that freed him to proceed with it: “For the first time, the play’s structure dawned on me. It wouldn’t be a straightforwsard biographical drama; it would chart my own relationship with my heroine. I would even appear as a character, a kind of detective searching for Charlotte’s true self” (Wright, p. xv.). By making his own process of discovery just as much a part of the drama as the events in the life of his enigmatic subject, Wright highlights the notion that the meaning of an individual life -- in truth as well as in fiction -- depends on who’s telling the story. No collection of stories, no matter how exhaustive it may appear, is ever enough to capture the elusive essence of individual identity; hence the provisional element in the play’s subtitle -- not “The Life of Charlotte von Mahlsdorf” but Studies for a Play About the Life of Charlotte von Mahlsdorf."
Stage table with props |
But other senior Republican strategists and leaders said they were concerned that their party’s large segment of evangelical voters makes the party more vulnerable to political damage from scandal, especially when it involves politicians like Mr. Sanford and Mr. Ensign, who had both been harshly critical of the infidelities of former President Bill Clinton and others.From a Wiki on Republican Sex Scandals we see a long list of politicians who have been involved in sex scandals. Granted that many were involved in state and local level politics, a number on this list (without having looked at further details of each) are said to have been particularly vocal against the sexual misdeeds of others. For example:
Matthew Glavin, president and CEO of the Southeastern Legal Foundation, big player in the Clinton Impeachment, and many anti-gay jihads, has been arrested multiple times for public indecency, one time fondling the crotch of the officer who was arresting him.[102]The link gives us a longer article that begins with another fallen angel:
It had been a tough two weeks for anti-gay Republican moralists. First, John Paulk, the leader of the bogus Ex-Gay movement was caught frolicking in a Washington, D.C. gay bar.And then goes on to talk about Glavin:
The Atlanta Journal Constitution notes that Glavin’s Southeastern Legal Foundation has been active in anti-gay crusades as well, helping the Boy Scouts "fend off a court challenge to their anti-gay posture," and leading "a charge against an Atlanta City Hall initiative to provide insurance and other benefits to same-sex partners."The wiki also got me to other links like this news story:
On tedhaggard.com, the former evangelist has a lengthy "healing overview" in which he refers to these events as "my personal crisis" or "my incongruity." The closest he comes to spelling things out is when he discusses whatWith the Mark Foley scandal still troubling Republicans, one of the nation's top evangelical leaders is now accused of paying for gay sex. Heading into Tuesday's election, when voters in eight states will decide on gay marriage bans, liberals and some conservatives are saying the party that prides itself on family values has a hypocrisy problem.Ted Haggard, a staunch foe of gay marriage and occasional participant in White House conference calls, resigned as president of the National Association of Evangelicals and head of his Colorado church following allegations he met monthly with a gay prostitute for three years. Haggard denies having sex with the man, but admits receiving a massage and buying methamphetamine.
Five weeks ago, Foley -- a vocal advocate for exploited children -- resigned from Congress because of sexually tinged messages to male pages. Rep. Don Sherwood, R-Pa., a married father of three, has been burdened by revelations about his five-year affair with a mistress who says he physically abused her.
...the Overseers, who were a group of 4 pastors from outside New Life Church that were given authority by the church bylaws to investigate alleged misconduct on the part of the Senior Pastor and, after their investigations, discipline or remove the Senior Pastor...imposed on him after he "confessed my sins to them and resigned all of my positions."
not engage in any sexually immoral behavior.That's as close as he gets to suggesting what his 'incongruity' was about. We have to look elsewhere to get the specifics.
Since being fired as pastor of New Life Church amid a gay-sex and drugs scandal, the Rev. Ted Haggard has discovered he's "completely heterosexual."
The Rev. Tim Ralph, senior pastor for New Covenant Fellowship in Larkspur, told The Denver Post on Monday that Haggard's homosexual activity appears to be limited to Denver male escort Mike Jones, who said he and Haggard had a three-year sexual relationship.
"The attention focused on these cases will inescapably lead people to think about these people's hypocrisy," said Matt Foreman, executive director of the National Gay and Lesbian Task Force. "They make a career out of defaming gay people and preaching family values, when it's clear that it's just a veneer." (from Truthout)When people focus so strongly on demonizing people over their sexual practices, one wonders what they themselves are trying to hide. Is the lashing out at others a way of projecting punishment for their own desires or guilt? Is it 'just a veneer?" I'm sure for some that is the case. What drives the others to such extremes?
In Anchorage, all employees should be judged solely on their capabilities and job performance. Today, however, most – but not all – hardworking Alaskans are protected from being unfairly fired. For example, no one can be fired from a job solely because they are married or single. It is illegal to refuse to interview a job applicant because the business owner doesn’t like Christians, Jews or Muslims. You can’t be denied service in a restaurant because you’re African-American, Asian, from South America or Alaska Native. You can’t be turned down for a credit card or bank loan because you’re sight or hearing impaired.
However, these legal protections that most of us rely on everyday do NOT protect gay, lesbian, bisexual, or transgender workers.
On working with his real-life wife on screen: “Fighting with Jonny (Janelle) is much, much more fun with a room full of cameras than it is in real life. Itʼs safer, for one thing, because of all the witnesses. Plus, weʼve got a director in the room to tell us when to stop or when weʼre getting too dull. And if we screw up and say something really out of line, we can just go back and start over again. I highly recommend it to any couple whoʼs looking for a little therapy or to spice things up a little bit”There's a lot of interesting back story about creating the film in the press kit.
Monks teach maleness to Thai 'ladyboys'
Feature - by Janesara Fugal
CHIANG KHONG, July 16, 2011 (AFP) - The 15-year-old aspiring "ladyboy" delicately applied a puff of talcum powder to his nose -- an act of rebellion at the Thai Buddhist temple where he is learning to "be a man".
"They have rules here that novice monks cannot use powder, make-up, or perfume, cannot run around and be girlish," said Pipop Thanajindawong, who was sent to Wat Kreung Tai Wittaya, in Chiang Khong on the Thai-Laos border, to tame his more feminine traits.
But the monks running the temple's programme to teach masculinity to boys who are "katoeys", the Thai term for transsexuals or ladyboys, have their controversial work cut out.
"Sometimes we give them money to buy snacks but he saved it up to buy mascara," headteacher Phra Pitsanu Witcharato said of Pipop. . .
. . . [Phra Pitsanu] told AFP that he hopes the teaching methods will be rolled out to other temple schools to "solve the deviant behavior in novices".
It is an attitude that enrages gay rights and diversity campaigner Natee Teerarojanapong, who said trying to alter the boys' sense of gender and sexuality was "extremely dangerous".
"These kids will become self-hating because they have been taught by respected monks that being gay is bad. That is terrible for them. They will never live happily," he told AFP.
Gay and katoey culture is visible and widely tolerated in Thailand, which has one of the largest transsexual populations in the world, and Natee said the temple's programme is "very out of date". . .
Female bodyguards for Thailand's next prime minister
By Budsarakham Sinlapalavan
Peeradej Tanruangporn
The Nation
When Yingluck Shinawatra takes up her post as leader of the new government, Thailand won't just have a female prime minister. Her bodyguards, too, are likely to be drawn from the fairer sex.
"Female bodyguards are able to remain closer to female VIPs," said Pol Lt-Colonel Korakarn Arunplod, who is among the first generation of female bodyguards in Thailand.
Korakarn started her career as a bodyguard in 1995. Among the VIPs she has taken care of are Hillary Rodham Clinton, Empress Michiko of Japan and members of the Thai Royal Family.
She suggested that PM-elect Yingluck should have both male and female bodyguards. Beyond issues of security, having bodyguards of both sexes would create the best image.
And there are more practical concerns: "It is not appropriate for male bodyguards to enter private spaces such as women's bathrooms." She added that women were better at coordinating than men, though men were generally stronger. . .
. . . To become a bodyguard, the officers of the BPPB must be trained to protect very important persons (VIPs), he said. In addition to the usual police training, which includes guns, driving and parachuting, VIP protection training also teaches crowd-control tactics and techniques for remaining close and attending to the VIP.
Because the task is very physically demanding, requiring the person to be constantly vigilant and sometimes miss sleep, the team consists only of women aged 20 to 35, Prayoon said . . .
Burr said it was not a difficult vote to cast, despite his state’s being home to Camp Lejeune, the largest Marine Corps base on the East Coast. Gen. James Amos, commandant of the Marine Corps, had been one of the most high-profile opponents of repeal. “Hopefully we all think independently here and we listen; we don’t have to be lobbied or influenced,” he said.
Burr told reporters that he supported repeal because “this is a policy that generationally is right,” but said he “didn’t necessarily agree” with those who have characterized the issue as a civil-rights struggle.
“A majority of Americans have grown up at a time [when] they don’t think exclusion is the right thing for the United States to do,” Burr said. “It’s not the accepted practice anywhere else in our society, and it only makes sense.”I don't know enough about North Carolina politics to know how his vote compares to Murkowski's. He has the largest Marine Corps base in the US in his state and the Marines were the of branch of the military most strongly opposed to repealing DADT. On the other hand he did well in the 2010 election according to Wikipedia:
Burr defeated North Carolina Secretary of State Elaine Marshall (D) on November 2nd, 2010 with 55% of the vote. He is the first Republican since Jesse Helms to be re-elected to the United States Senate from North Carolina and garnered the largest percentage of votes of any Republican candidate for U.S. Senate in North Carolina history.
Same-sex marriage in Maine was a divisive issue in 2009: a bill to allow same-sex marriages in Maine was signed into law on May 6, 2009, by Governor Baldacci following legislative approval, but opponents successfully petitioned for a referendum on the issue, putting the law on hold before it came into effect before going on to win the referendum by 300,848 to 267,828 on November 3, 2009. Maine's domestic partnership law remains in effect. [Wikipedia]
Before the vote, Ensign said the choice for him was a struggle between what he personally thought was the right thing to do, and the circumstantial concerns of various military chiefs.
That’s why, he explained, he had voted against taking up the measure.
But in the end, once the question on the table, it appeared personal conviction won out over political circumstance. “My personal feeling is that it should be repealed,” he’d said before the 65-to-31 vote.
Ensign left the Senate chamber quickly and quietly . . .
Is Sen. Kirk really in favor of allowing gays to serve openly in the military? His past history suggests otherwise. As a member of the House Armed Services Committee Kirk voted against a measure to repeal DADT as recently as last May. One suspects that his slim margin of victory in November's senatorial contest may have sensitized Sen. Kirk to the realities of representing the entire state of Illinois, not just the 10th congressional district. Once Governor Pat Quinn gets around to signing the Illinois Religious Freedom Protection and Civil Union Act already sitting on his desk, the state of Illinois will recognize civil unions. A "no" vote on DADT would have put Mark Kirk at odds with a very large bloc of Illinois voters. It also would have provided potent ammunition for the next Democratic challenger for his senate seat.
Sen. Orrin Hatch was absent for the vote but registered his dissent from afar. He said November’s election should have shown that voters want Congress to focus on the economy — not try to appeal to their liberal supporters.
“Rather than take part in this cynical exercise in political charades, I am honoring a long-standing commitment I made more than a year ago to attend my grandson’s graduation in Missouri,” Hatch said.
Shane and Craig over my water glass at the Bear Tooth |
Shane's skull after the 1st, before the 2nd operation |
Scott in January |
Scott after Wu Man |
His introduction Wednesday was a pleasure to listen to. His words were good, his delivery fluent, and he effortlessly rotated to acknowledge the audience members sitting behind him on the stage.I'm giving all this background to just say, there was something special about this guy which I picked up from the time I first saw him. Friday night I learned that he is an established performer who has performed all over which was brought home when in one of his pieces he mentioned that he'd 'just played to a packed house in Brussels."
Two Truths and a Lie. . . is a collection of three autobiographical solo performances which have toured nationally to critical acclaim: Underground Transit (2001), "Debutante Balls" (2004) and "Becoming a Man in 127 EASY Steps (2007).
After Show Q&A |
"Okay," my partner-in-crime S. Bear Bergman sighed as ze [sic] always does when calming me down on a late night, long distance phone call. "So you have about 127 stories to tell and an hour in which to make sex change EASY, step-by-step." I made notecards from memories, ruminated, and typed. Then I found one of my old Choose Your Own Adventure books from elementary school. Later, on tour in New York, T Cooper and Felicia Luna Lemus left Joe Meno's book The Boy Detective Fails by the couch they made up as a bed for me. There I found the decoder ring. With such random origins, how could I write any linear play? The elements of chance that structured my process had to be reflected in the product.Scott performs Two Truths and a Lie again tonight (Saturday) at 8pm at Out North. Tickets at the door. It will be a different performance from the one we saw because the audience isn't likely to choose the same numbers.
Scott, it should be said up front and often, is simply a mesmerizing performer. You could listen to his voice all night. He has comic timing tattooed on his genes, and he can make the trip from irony to sincerity in 3 seconds flat.
On the Don't Ask, Don't Tell vote
[Murkowski] I have said that I would work to make sure that as long as it is supported by the troops, as long as it doesn't hurt the performance or the morale, or the recruitment -- these are all things we have to take into consideration -- I think we will see that play out in this report.
If in fact don't ask don't tell is included in the Defense Authorization Act and we get to the point where we can move that bill through - I would not oppose the defense authorization act because the Don't Ask Don't Tell repeal of it is included in it.
TABLE OF CONTENTS
BACKGROUND TO PROPOSITION 8.............…………………...1
PROCEDURAL HISTORY OF THIS ACTION..........……………. 3
PLAINTIFFS’ CASE AGAINST PROPOSITION 8........…………. 5
PROPONENTS’ DEFENSE OF PROPOSITION 8.........………...... 6
TRIAL PROCEEDINGS AND SUMMARY OF TESTIMONY...…10
CREDIBILITY DETERMINATIONS...............…………………….25
PLAINTIFFS’ WITNESSES...............……………………………....25
PROPONENTS’ WITNESSES...............…………………………....35
FINDINGS OF FACT....................…………………………………..54
THE PARTIES....................……………………………………….....54
WHETHER ANY EVIDENCE SUPPORTS CALIFORNIA’S
REFUSAL TO RECOGNIZE MARRIAGE BETWEEN TWO
PEOPLE BECAUSE OF THEIR SEX……………………………....60
WHETHER ANY EVIDENCE SHOWS CALIFORNIA HAS
AN INTEREST IN DIFFERENTIATING BETWEEN SAME-SEX
AND OPPOSITE-SEX UNIONS…………………………………....71
WHETHER THE EVIDENCE SHOWS THAT PROPOSITION 8
ENACTEDA PRIVATE MORAL VIEW WITHOUT ADVANCING
A LEGITIMATE GOVERNMENT INTEREST................………….85
CONCLUSIONS OF LAW...................………………………….... 109
DUE PROCESS....................………………………………….....109
EQUAL PROTECTION..................... ………………………..…117
CONCLUSION.......................… ………………………………...,. 135
REMEDIES........................... ……………………………………....136
PURPORTED INTEREST #1: RESERVING MARRIAGE AS A UNION BETWEEN A MAN AND A WOMAN AND EXCLUDING ANY OTHER RELATIONSHIP
Proponents first argue that Proposition 8 is rational because it preserves: (1) “the traditional institution of marriage as the union of a man and a woman”; (2) “the traditional social and legal purposes, functions, and structure of marriage”; and (3) “the traditional meaning of marriage as it has always been defined in the English language.” Doc #605 at 12-13. These interests relate to maintaining the definition of marriage as the union of a man and a woman for its own sake.
Tradition alone, however, cannot form a rational basis for a law. Williams v Illinois, 399 US 235, 239 (1970). The “ancient lineage” of a classification does not make it rational. Heller, 509 US at 327. Rather, the state must have an interest apart from the fact of the tradition itself.
The evidence shows that . . .
PURPORTED INTEREST #2: PROCEEDING WITH CAUTION WHEN IMPLEMENTING SOCIAL CHANGES
Proponents next argue that Proposition 8 is related to state interests in: (1) “[a]cting incrementally and with caution when considering a radical transformation to the fundamental nature of a bedrock social institution”; (2) “[d]ecreasing the probability of weakening the institution of marriage”; (3) “[d]ecreasing the probability of adverse consequences that could result from weakening the institution of marriage”; and (4) “[d]ecreasing the probability of the potential adverse consequences of same-sex marriage.” Doc #605 at 13-14.
Plaintiffs presented evidence at trial sufficient to rebut any claim that marriage for same-sex couples amounts to a sweeping social change. See FF 55. Instead, the evidence shows beyond debate that allowing same-sex couples to marry has at least a neutral, if not a positive, effect on the institution of marriage and that same-sex couples’ marriages would benefit the state. . .
PURPORTED INTEREST #3: PROMOTING OPPOSITE-SEX PARENTING OVER SAME-SEX PARENTING
Proponents’ largest group of purported state interests relates to opposite-sex parents. Proponents argue Proposition 8: 1) promotes “stability and responsibility in naturally procreative relationships”; (2) promotes “enduring and stable family structures for the responsible raising and care of children by their biological parents”; (3) increases “the probability that natural procreation will occur within stable, enduring, and supporting family structures”; (4) promotes “the natural and mutually beneficial bond between parents and their biological children”; (5) increases “the probability that each child will be raised by both of his or her biological parents”; (6) increases “the probability that each child will be raised by both a father and a mother”; and (7) increases “the probability that each child will have a legally recognized father and mother.” Doc #605 at 13-14.
The evidence supports two points which together show Proposition 8 does not advance any of the identified interests: (1) same-sex parents and opposite-sex parents are of equal quality, FF 69-73, and (2) Proposition 8 does not make it more likely that opposite-sex couples will marry and raise offspring biologically related to both parents, FF 43, 46, 51. . .
PURPORTED INTEREST #4: PROTECTING THE FREEDOM OF THOSE WHO OPPOSE MARRIAGE FOR SAME-SEX COUPLES
Proponents next argue that Proposition 8 protects the First Amendment freedom of those who disagree with allowing marriage for couples of the same sex. Proponents argue that Proposition 8: (1) preserves “the prerogative and responsibility of parents to provide for the ethical and moral development and education of their own children”; and (2) accommodates “the First Amendment rights of individuals and institutions that oppose same-sex marriage on religious or moral grounds.” Doc #605 at 14.
These purported interests fail as a matter of law. Proposition 8 does not affect any First Amendment right or responsibility of parents to educate their children. See In re Marriage Cases, 183 P3d at 451-452. Californians are prevented from distinguishing between same-sex partners and opposite-sex spouses in public accommodations, as California antidiscrimination law requires identical treatment for same-sex unions and opposite-sex marriages. . .
PURPORTED INTEREST #5: TREATING SAME-SEX COUPLES DIFFERENTLY FROM OPPOSITE-SEX COUPLES
Proponents argue that Proposition 8 advances a state interest in treating same-sex couples differently from opposite-sex couples by: (1) “[u]sing different names for different things”; (2) “[m]aintaining the flexibility to separately address the needs of different types of relationships”; (3) “[e]nsuring that California marriages are recognized in other jurisdictions”; and (4) “[c]onforming California’s definition of marriage to federal law.” Doc #605 at 14.
Here, proponents assume a premise that the evidence thoroughly rebutted: rather than being different, same-sex and opposite-sex unions are, for all purposes relevant to California law, exactly the same. FF 47-50. The evidence shows conclusively that moral and religious views form the only basis for a belief that same-sex couples are different from opposite-sex couples.
PURPORTED INTEREST #6: THE CATCHALL INTEREST
Finally, proponents assert that Proposition 8 advances “[a]ny other conceivable legitimate interests identified by the parties, amici, or the court at any stage of the proceedings.” Doc #605 at 15. But proponents, amici and the court, despite ample opportunity and a full trial, have failed to identify any rational basis Proposition 8 could conceivably advance. Proponents, represented by able and energetic counsel, developed a full trial record in support of Proposition 8. The resulting evidence shows that Proposition 8 simply conflicts with the guarantees of the Fourteenth Amendment.
Many of the purported interests identified by proponents are nothing more than a fear or unarticulated dislike of same-sex couples. Those interests that are legitimate are unrelated to the classification drawn by Proposition 8. The evidence shows that, by every available metric, opposite-sex couples are not better than their same-sex counterparts; instead, as partners, parents and citizens, opposite-sex couples and same-sex couples are equal. FF 47-50. Proposition 8 violates the Equal Protection Clause because it does not treat them equally. . .
A PRIVATE MORAL VIEW THAT SAME-SEX COUPLES ARE INFERIOR TO OPPOSITE-SEX COUPLES IS NOT A PROPER BASIS FOR LEGISLATION
In the absence of a rational basis, what remains of proponents’ case is an inference, amply supported by evidence in the record, that Proposition 8 was premised on the belief that same-sex couples simply are not as good as opposite-sex couples. FF 78-80. Whether that belief is based on moral disapproval of homosexuality, animus towards gays and lesbians or simply a belief that a relationship between a man and a woman is inherently better than a relationship between two men or two women, this belief is not a proper basis on which to legislate. See Romer, 517 US at 633; Moreno, 413 US at 534; Palmore v Sidoti, 466 US 429, 433 (1984) (“[T]he Constitution cannot control [private biases] but neither can it tolerate them.”).
The following is a guest commentary by Sen. Roy AshburnWhile his apology (you have to click on the link to get the whole thing) is welcomed by all who believe in equal rights, it only came after he was outed.
Startled by the blurry reality of a red light glaring in my rear-view mirror at 2 am on the morning of March, 4, 2010, I knew my life was about to change. The California Highway Patrol stopped me as I was driving drunk after leaving a gay club in Sacramento, California’s capital. With my arrest and the media inquiry that followed, my deeply-held secret was no longer my own business. My private life as a closeted gay man was now the public’s business, and I had a lot of explaining to do. [You can read the rest of the commentary by this 26 year Republican politician at GayPolitics which I found through BentAlaska.]