1264 posts categorized "Legal"

May 23, 2013

Srinivasan unanimously confirmed to D.C. Circuit Court

Srinivasan
(Photo: Chip Somodevilla Getty Images)

Sri Srinivasan, the Principal Deputy Solicitor General of the United States, was unanimously confirmed by the full Senate today to become the first circuit court judge of South Asian descent. USA Today has an excellent profile of him by Richard Wolf. Here's an excerpt:

The issue before the Supreme Court was the Defense of Marriage Act, and the smooth-talking native of India representing the United States of America at the podium had a tough argument to make.

Why, Chief Justice John Roberts wanted to know, was the government not only refusing to defend the law, which denies federal benefits to legally married same-sex couples, but arguing the other side — all while continuing to enforce it?

From his post feet away from the nine justices March 27, Srikanth "Sri" Srinivasan calmly explained what Roberts called a "totally unprecedented" situation. Along the way, the mathematics professor's son sprinkled in references to numerators, denominators and algorithms, the statutes 28 U.S.C. 530(d) and 28 U.S.C. 1254, and the precedents established by INS v.Chadha, United States v. Lovett and Turner Broadcasting v. FCC.

Without notes.

A rare moment of unanimity in the Senate. Srinivasan is a likely nominee for a future Supreme Court vacancy. Congrats to him, and thanks to Leader Reid for refusing to postpone the confirmation vote.

(Hat tip: Walter Dellinger)

Legacy of 17th Street liquor moratorium: "Empty, unpainted, uninhabited storefront after storefront"

Dito Sevilla has a scathing piece at Borderstan on the 17th Street liquor license moratorium that has been in place for more than two decades.

I posted the following comment:

Love this piece. To commenter David: keep in mind that some of the loudest NIMBYs have been gay men. So there are gay folk on both sides of the dispute. I don’t think the motivation of the moratorium pushers is particularly gay-related. They are privileged people with a sense of entitlement and no respect whatever for other stakeholders with a different view. Even now, with regard to the new proposed moratorium zone centered near 13th and U, it is somehow obvious to them that overwhelming opposition to such a move should not count. What always kills me is their brazen dishonesty in claiming, at various times, that crime has risen and their property values harmed–when in fact crime has gone down, the greater liveliness on the streets has made them safer, and property values have soared. They just lie. As someone who has lived on or within a block of 17th Street for over 30 years, I am glad to see the tide turning at last.

(Hat tip: Mark Lee)

Carl and Drew's Flash Mob Marriage Proposal in Central Park

In fine and moving contrast to the recent spate of hate crimes, a man uses a flash mob to propose to his lover at the Bethesda Fountain. Yes, the same fountain that inspired Angels In America playwright Tony Kushner.

If I were proposing to my partner in such a big, dramatic, public way (which I cannot imagine wanting to do), I think that after the music, my partner's name followed by four classic words would suffice: "Will you marry me?" This guy has a whole speech. But it's lovely to see such a public affirmation, and it demonstrates something the haters refuse to understand: it's not all about sex.

May 21, 2013

Dan Savage Talks About Birth Control

Obama: #time4marriage in Illinois

Politico reports that President Obama supports the marriage equality bill in Illinois.

A mountain lion in an aqueduct is treated better than gays in the immigration bill

The above video from San Diego has nothing to do with this.

Now it appears that the hopes of binational gay families like mine are pinned on DOMA being overturned in United States v. Windsor. That does not, however, make me happy with Chuck Schumer, Dianne Feinstein, or Barack Obama. (Michael Bedwell, please note.)

Update from Chris Geidner.

Right-wing activist kills self in Notre Dame Cathedral over same-sex marriage

Wow. A shocking reminder that there are some very disturbed people out there.

Rep. Trent Franks wants to expand his DC abortion ban nationwide

Tara Culp-Ressler reports in ThinkProgress:

Not content with attempting to impose his anti-abortion agenda upon the women who live in the nation’s capital, Rep. Trent Franks (R-AZ) now intends to push for a nationwide bill to criminalize abortions after 20 weeks. Franks, who invoked the illegal abortion provider Kermit Gosnell to justify his decision to re-introduce a 20-week abortion ban in DC, now says that Gosnell’s crimes have compelled him to amend his bill so it applies to women across the country....

However, that’s a gross mischaracterization of the state of legal abortion services throughout the country. Abortion opponents have repeatedly attempted to twist the facts surrounding Gosnell’s high-profile murder trial to make it appear as if his crimes are rampant throughout legal abortion clinics. But that’s simply not the case. The Philadelphia-area abortion doctor was guilty of much more than simply breaking Pennsylvania’s law that criminalizes abortion after 24 weeks of pregnancy; he was also able to offer discounted prices for his services because he didn’t employ medical professionals or adhere to safety standards. Gosnell’s “house of horrors” isn’t analogous to the way that legal, sanitary late-term abortion clinics provide care to the women who need it.

I can't believe we have to fight this all over again, 40 years after Roe v. Wade. I am so tired of the religious fanatics and bullies in this country.

May 16, 2013

All witnesses support birth certificate bill at D.C. Council hearing

About 20 witnesses testified at the May 16 hearing on Bill 20-0142, the "JaParker Deoni Jones Birth Certificate Equality Amendment Act of 2013," and all were in favor. It was a joint hearing by the Committee on Health and the Committee on Public Safety and Judiciary. Read GLAA's testimony, in which we endorsed the bill with the changes requested by the DC Trans Coalition.

With the recommended changes, this is going to be model legislation and help fulfill DC's promise of trans equality. Kudos to all, especially Andy Bowen, Lisa Mottet, Bob Summersgill, our Council allies, and Health and Judiciary committee staff. I am so proud of our coalition. And the three students from Cesar Chavez Public Charter School who testified were great.

BTW, one of the Cesar Chavez students was a friend of JaParker. And JaParker's parents testified. So the hearing took on the aspect of a memorial in addition to a legislative hearing. I thought it was rather remarkable that not one person showed up to oppose the bill. The haters are obviously out there; but they did not crawl out from under their rocks to attend the hearing.

The practical question is whether the changes can be made to the bill and a markup scheduled to allow for the two requisite readings of the bill is legislative sessions before the summer break. It's iffy. Then there's the much more complex surrogacy bill, which will almost certainly not be done and passed before the break. But the Judiciary staff are working apace.

June 12 - MPD and hate crimes targeting LGBT people

From the DC Center:

An independent committee is currently conducting a review of the relationship between the Metropolitan Police Department and Washington, DC's LGBT communities and how police are handling hate crimes targeting the LGBT community. Please join us in a safe and confidential space. Tell us what you have seen, experienced or heard about. We want to hear from you. Your input is very important!

When: Wednesday June 12th

Where: The DC Center for the LGBT Community
1318 U Street, NW | Washington, DC 20009

UPDATE:  The time for this meeting is 6-7:00 pm

May 15, 2013

Gohmert: Holder cast "aspersions on my asparagus"

Well, we can't have that.

May 14, 2013

Video: Gov. Mark Dayton signs Minnesota marriage equality bill

It is done. The law allowing same-sex couples to marry in Minnesota will take effect August 1. Below, the I-35W bridge is lit in rainbow colors in recognition of marriage equality in Minnesota.

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UN human rights office releases anti-homophobia message

"LGBT rights are human rights. Together we will build a world that is free and equal."

May 13, 2013

Still Creating the United States

We're gonna make it after all

MTM_tossing_hat

(Hat tip: Jonathan Capehart)

Bittersweet victory

Half a lifetime ago, I was on a flight back to DC from the GALA Choruses festival in Minneapolis when I read Justice Harry Blackmun's stirring dissent in Bowers v Hardwick. 17 years later, Bowers was overturned and we were no longer habitual criminals. Ten years further on, Minnesota becomes the 12th marriage equality state. How incredibly fast. Yet so many did not live to see it. The more victories we rack up, the more I think of vanished friends. Tonight I will raise a glass to them.

Our friend Joe Cantor especially raises a glass to our late friend Steve Endean, the founder of the Human Rights Campaign who's been gone twenty years now, whose home state did him proud today.

Minnesota senate passes marriage equality, Gov. to sign Tuesday

MNmarriage-articleLarge
(Photo by Jim Mone/Associated Press)

The Minnesota senate today passed the marriage equality bill by a vote of 37 to 30. The State House passed the bill last Thursday. The bill now heads to Gov. Mark Dayton, who will sign it on Tuesday. This brings us to 12 marriage equality states plus D.C. NYT reports. Congrats to all who made it happen.

Below, St. Paul Mayor Chris Coleman renamed the Wabasha Bridge the "Freedom to Marry Bridge" for the day, and city workers on Monday morning raised rainbow flags along it.

St_Paul_bridge_rainbow_flags

Watch live: Minnesota Senate votes on marriage equality today

Watch live streaming video from uptakemnsenate at livestream.com

Live at 1 pm Eastern Time, noon Central Time, the Minnesota Senate will debate and vote on the marriage equality bill.

(Hat tip: Andy Towle)

May 07, 2013

Delaware becomes 11th marriage equality state

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Delaware today became the eleventh state, plus D.C., to allow same-sex couples to marry. Governor Jack Markell has already signed it into law. It will take effect July 1. Congrats to all who made it happen. Chris Geidner reports.

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May 06, 2013

Gail and Audrey: An Unexpected Love Story

A lovely video from Freedom to Marry on Audrey Smaltz and her wife, former Olympian Gail Marquis.

May 03, 2013

Rhode Island becomes 10th marriage equality state

Rhode Island Governor Lincoln Chafee signed the Marriage Equality Act into law Thursday, making that state the tenth marriage equality state (in addition to the District of Columbia), and making New England the first entire region to enjoy marriage equality.

Congrats to all who made this victory possible. The march goes on. Meanwhile, Providence Bishop Thomas J. Tobin issued a pastoral letter warning his flock:

[B]ecause “same-sex marriages” are clearly contrary to God’s plan for the human family, and therefore objectively sinful, Catholics should examine their consciences very carefully before deciding whether or not to endorse same-sex relationships or attend same-sex ceremonies, realizing that to do so might harm their relationship with God and cause significant scandal to others.

Thank you, Excellency, for sharing your concern about scandal. May I humbly suggest that you clean your own house before bossing others.

GAYMARRIAGE-RHODEISLAND
(Photo by Jessica Rinaldi/Reuters)

April 29, 2013

The Lavender Scare

GayPolitics.com has an interview with the producer and director of a documentary due to be released this summer on the purge of gay men and women fired from the federaly government in the 1950's and beyond.  It was 60 years ago today that Executive Order 10450 was signed by President Dwight Eisenhower  authorizing the firing of all gay government employees.

The renewed effort to pass the Employment Non-Discrimination Act launched last week came days before the 60th anniversary of a defining moment in LGBT history, when thousands of employees and contractors were purged from the federal government because they were gay or lesbian.

On April 27, 1953, President Dwight D. Eisenhower issued an executive order calling for the removal of homosexuals from all federal agencies. Gay and lesbian government workers were immediately fired or resigned out of fear of being publicly outed.  Even LGBT people working in the private sector whose jobs required them to have a federal security clearance were also fired or resigned.

April 28, 2013

New conservative lobbying push for gay marriage

WaPo reports.

April 26, 2013

Video: Nevada state senator comes out during marriage debate

This news came out a few days ago, but I had not seen the video. KLASTV reports:

Before voting on a resolution that would repeal Nevada's heterosexual definition of marriage, state Sen. Kelvin Atkinson came out to his fellow lawmakers, telling them, "I'm gay." The resolution, Senate Joint Resolution 13, passed 12-9 and now moves on to the state Assembly for a vote. Atkinson, a Democrat, represents North Las Vegas.

Congrats and thanks to Sen. Atkinson for stepping up.

(Hat tip: Rod 2.0)

NOM's bizarre, persistent claim that marriage equality supporters are 'abandoning marriage'

Brian brown

Brian Brown of National Organization for Marriage persists in the implausible assertion that those of us who have worked so hard for years for the right of loving gay and lesbian couples to marry are somehow abandoning marriage. Here are highlights from his latest update:

Dear Marriage Supporter,

The news this week is tough. I'm not going to sugar coat it.

In Rhode Island, all five Republican state senators joined the Democrats in the state senate to pass a same-sex marriage bill. It now goes back to the House which had previously passed a gay marriage bill and the governor has promised to sign it.

The Rhode Island bill does not create a new category of marriage for same-sex couples. Rather, it completely redefines marriage for all people in Rhode Island....

Same-sex marriage is not just an attempt to help ordinary gay people live their private lives as they choose—it is part of a push for an aggressive new public norm that affects us all....

For the politicians who refused to let the people of Rhode Island vote on marriage, this is not over!...

We intend to make sure that every Rhode Islander knows how their policymakers voted on this critical issue. We will hold the politicians accountable for their votes.

Republicans, especially, will have to answer for abandoning marriage—a core position of the GOP platform. In New York, when the dust cleared, 3 out of the 4 Republican state senators who betrayed their constituents and voted for gay marriage were no longer in office.

Brown and his allies are desperate to portray themselves as the true victims of intolerance. This can only emerge from a deeply held sense of entitlement to special status and special privileges from which some group of "others" must be excluded. But no matter how often and how brazenly they try to disguise the discrimination they demand, one couple's marriage is not in any way devalued by other couples being afforded the same status. Brown's crusade is not about mere disagreement. It is built on and sustained by lies.

One thing Brown says, though, is true: Given the increasing radicalization of the GOP, Republican primary voters can indeed often punish Republican office holders who vote for inclusion and equal protection for same-sex couples. Unfortunately for the GOP, this only puts their party more and more at odds with broader public opinion. The ongoing, aggressive self-marginalization of the Republican Party is like a slow, massive traffic accident.

April 24, 2013

Shirtless Frenchmen opposing gay marriage

This week's prize in mixed messages. These anti-gay protesters keep having to say (in French), "Excuse me, but my eyes are up here." Except they are gagged, so it's especially difficult to comprehend.

(Hat tip: Queerty)

NOM opposes anti-gay violence

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Brian Brown of the anti-gay National Organization for Marriage has finally condemned the violence in France over that country's enactment of marriage equality, though he falsely makes it sound as if the violence is on both sides:

It appears that France's socialist government is on the verge of succeeding in their ill-conceived quest to redefine marriage, despite massive grassroots opposition from the citizenry. We urge all French citizens to contact lawmakers to express their strong opposition to this policy. We also call on all citizens to conduct themselves honorably and peacefully. Even though the same-sex marriage policy being foisted on an unwilling public is profoundly unwise and anti-family, no citizen should ever express their disapproval through violent means. We condemn in the strongest possible terms violence by anyone on either side of this debate.

Delaware House passes marriage equality

Think Progress reports:

The Delaware House of Representatives has approved marriage equality (HB 75) by a vote of 23-18. It now proceeds to the Senate, where it must pass out of committee before the full chamber considers it. Advocates are optimistic about passage. Governor Jack Markell (D) has strongly backed the bill. Marriage equality has the support of Delaware’s entire Congressional delegation, DuPont chemicals (one of its largest employers), and 54 percent of voters. The state easily passed civil unions in 2011.

Who said incrementalism doesn't work? (Of course, it worked very well for us here in D.C.)

Vive la France!

France passes marriage equality; bigots react with violence. Think Progress reports:

The French National Assembly has finalized passage of the marriage equality bill with a vote of 331-225. Technically, New Zealand approved its bill before France, but together the two represent the 13th and 14th countries to legalize recognition of same-sex marriages. The National Assembly originally supported the bill 329-229 and the Senate passed it with a voice vote.

The advancement of same-sex marriage and adoption in France has been very contentious, with opponents promising retaliatory violence for the law’s passage. Indeed, violent hate crimes against gay French citizens have increased in recent weeks. Not only have anti-gay protesters repeatedly clashed with police, injuring journalists and destroying property as they march, but this past week, death threats were sent to lawmakers because of their intention to support marriage equality. In the lead up to today’s vote, the hashtag #IlFautTuerLesHomosexuels, or “Homosexuals must be killed,” has been trending on Twitter. Despite the National Organization for Marriage’s role in the French campaign, they have not acknowledged nor condemned this violence. Additional marches are planned to demand the withdrawal of the bill.

April 20, 2013

Discredited Regnerus study provokes lawsuit

Salon reports:

In a quest for more answers surrounding the swift publication of sociologist Mark Regnerus’ paper on the controversial “New Family Structures Study” in the sociology journal Social Science Research, independent journalist John Becker filed a lawsuit Monday, seeking access to public records from the University of Central Florida in Orlando, where the sociology journal is housed and where the journal’s editor, James Wright, serves on the faculty. The suit alleges that the state school has violated the state’s public records law by failing to produce documents related to the study’s publication.

Becker filed a request for records last month through Florida’s Public Records Act, asking the school to turn over communications between Wright and other scholars and reviewers regarding the publication of the study.

Last summer’s publication of Regnerus’ explosive study – which found negative outcomes for children raised in same-sex households compared to children raised by married heterosexual parents – culminated in a widespread consensus that Regnerus’ study was methodologically flawed. Questions were raised about the political motivations of Regnerus’ conservative funders, as well as the seemingly rushed rate of publication.

As The American Independent reported recently, many of these suspicions were justified.

April 17, 2013

From New Zealand, a parliamentary serenade

HuffPo reports on the moment when marriage equality was adopted in the New Zealand parliament:

On Wednesday, New Zealand's Parliament voted to legalize same-sex marriage in a 77 to 44 vote. As lawmakers applauded the final vote, spectators crowded into the public galleries above burst into song, serenading the bill's sponsor, lesbian MP Louisa Wall.

The Associated Press reports the song was "Pokarekare Ana," a love song in the country's indigenous Maori language.

Beautiful. Congrats to Ms. Wall and all who helped her.

New Zealand MP Maurice Williamson: 'Gay rainbow across my electorate'

New Zealand MP Maurice Williamson, member for Pakuranga, gives one of the funniest and most moving speeches in defense of marriage equality that I can recall. Bravo, sir.

April 15, 2013

Log Cabin head: staying in GOP despite its opposition to marriage equality

Visit NBCNews.com for breaking news, world news, and news about the economy

Chris Matthews interviews Texas RNC Committeeman Robin Armstrong and Log Cabin Republican Executive Director Gregory Angelo.

New Zealand set to enact marriage equality

Good news from Wellington.

April 14, 2013

Ireland to hold gay marriage referendum

The Guardian reports.

Meanwhile, the Church of England has ruled out blessings for same-sex couples. Because marriage is a sacred institution meant only for one man and one woman, said King Henry VIII whose desire to get out of his first marriage caused him to split from Rome and start his own church. Anglican, please.

French Senate approves same-sex marriage bill

Thatcher's anti-gay speech, 1987

This clip from 1987 shows then-PM Margaret Thatcher speaking against gay rights, because The Children! The following year, Parliament passed the notorious anti-gay Section 28. As Maggie gets the grand send-off, this is worth remembering.

April 12, 2013

The moment of victory in Montevideo

No translation is needed to appreciate this moment of victory for marriage equality in Uruguay. Video courtesy Associated Press.

April 11, 2013

Rosendall introduces Rep. Keith Ellison at ACLU Bill of Rights Dinner

Standly Ellison Rosendall Carliner

(ACLU-NCA Executive Director Benétta M. Standly, Rep. Keith Ellison, Rick Rosendall, ACLU-NCA President Deborah Carliner. Photo by Lisa Helfert)

On Thursday, April 11, I had the honor of introducing Congressman Keith Ellison as the keynote speaker at the annual Bill of Rights dinner of ACLU of the Nation's Capital, which was held at the Omni Shoreham Hotel. My prepared remarks are below (I added a few comments on the fly). It was a fine evening celebrating and recommitting to our coalition efforts to uphold civil liberties, with a special focus on marriage equality. The honorees were NAACP President Benjamin Todd Jealous, Pastor Delman Coates of Clinton, MD, and Albert Foer. I was pleased to serve on ACLU-NCA's dinner committee.

Good evening. Keith Ellison of Minnesota's Fifth District is a civil rights attorney and the first Muslim elected to the United States Congress. Now in his fourth term, he is, among other things, Co-Chair of the Congressional Progressive Caucus and Vice-Chair of the LGBT Caucus. His roots as a community activist are reflected in his congressional priorities: "promoting peace, prosperity for working families, environmental sustainability, and civil and human rights."

Late in 2006, Congressman-elect Ellison said he would take his ceremonial oath of office using the holy book of his faith. Radio host Dennis Prager, apparently unfamiliar with the First Amendment, was outraged and demanded that it not be permitted. Ellison's response was sublime: he borrowed Thomas Jefferson's copy of the Qu'ran from the Library of Congress. What a powerful act of political symbolism.

Continue reading "Rosendall introduces Rep. Keith Ellison at ACLU Bill of Rights Dinner" »

D.C. shelter accused of rejecting trans women

Lou Chibbaro reports in the Blade:

A shelter for homeless women located three blocks from the U.S. Capitol is violating the D.C. Human Rights Act by refusing to admit transgender women unless they provide “documentation” of a legal name change or gender reassignment surgery, according to separate complaints against the facility by two transgender women.

In a lawsuit filed April 5 in D.C. Superior Court and a complaint filed with the D.C. Office of Human Rights on March 22, the two women charge that employees at the John L. Young Women’s Shelter at 119 D Street, N.W. said they could not be admitted because of their status as transgender women.

An attorney with the D.C. Trans Coalition filed the lawsuit on behalf of Lakiesha Washington against New Hope Ministries, Inc. of Woodbridge, Va., which owns and operates the John L. Young Women’s Shelter.

The lawsuit says Washington, who was homeless, attempted to gain admission to the shelter on April 3, when the lawsuit says the alleged discriminatory action took place.

Brava to Lakiesha and Andy for doing this. It is long past time for the city to obey its own laws.