President Obama’s Official Statement On DOMA, Prop 8

Yes we can!! (Photo credit: TijsB)

Obama: “I applaud the Supreme Court’s decision to strike down the Defense of Marriage Act. This was discrimination enshrined in law. It treated loving, committed gay and lesbian couples as a separate and lesser class of people. The Supreme Court has righted that wrong, and our country is better off for it. We are a people who declared that we are all created equal – and the love we commit to one another must be equal as well.

This ruling is a victory for couples who have long fought for equal treatment under the law; for children whose parents’ marriages will now be recognized, rightly, as legitimate; for families that, at long last, will get the respect and protection they deserve; and for friends and supporters who have wanted nothing more than to see their loved ones treated fairly and have worked hard to persuade their nation to change for the better.

So we welcome today’s decision, and I’ve directed the Attorney General to work with other members of my Cabinet to review all relevant federal statutes to ensure this decision, including its implications for Federal benefits and obligations, is implemented swiftly and smoothly.

On an issue as sensitive as this, knowing that Americans hold a wide range of views based on deeply held beliefs, maintaining our nation’s commitment to religious freedom is also vital. How religious institutions define and consecrate marriage has always been up to those institutions. Nothing about this decision – which applies only to civil marriages – changes that.

The laws of our land are catching up to the fundamental truth that millions of Americans hold in our hearts: when all Americans are treated as equal, no matter who they are or whom they love, we are all more free. ”

Montana Congressional Delegation Statements About DOMA, Prop 8

Jun26 by D Gregory Smith

In stark contrast, here are the statements issued by Montana’s Congressional delegation in light of the historic DOMA and Prop 8 rulings today:

Gay Rights in America (Photo credit: Poldavo (Alex))

Daines “I am disappointed by the Supreme Court’s ruling today. Marriage, as the union of one man and one woman, matters for our children, and I remain a strong believer in defending the family.

While I do not agree with the Court’s ruling concerning the application of federal benefits, I am encouraged that the Court did not rule against states’ rights, ensuring that the voice of the people, not a ruling from a court, is the driving force behind marriage laws in Montana and the other states.”

Tester: “The Supreme Court today made the right decision. The federal government has no place telling Americans who they can love and who they can marry.”

Tester affirmed his support for same-sex marriage earlier this year, saying “how Montanans define a family should be their business and their business alone.”

Baucus: “Today is a proud day in American history when we can say to all Montanans, Americans and their children: your love and your family are just as good as everyone else’s under the law. For too long, same-sex couples and their children have been denied more than 1,000 federal rights and obligations that married couples enjoy. That was wrong. In the United States of America, no one should be treated as a second class citizen simply because of who they choose to love.

I believe each of us has a moral obligation to leave this place in better shape than we found it, and today’s decision puts our country on the right side of history. Now it’s time to pass the Employment Non-Discrimination Act and guarantee all Montanans the same opportunity to succeed in the workplace.”

What Do the DOMA and Prop 8 Decisions Mean for Gay Marriage in Pennsylvania? (princelaw.com)

Pride Foundation Executive Director On SCOTUS Rulings

Jun26 by D Gregory Smith

Truly unbelievable—it’s hard to know where to begin, what to feel, how to put into words what this day represents for our community and for our country.

Equality, fairness, and love won. Twice.

Today, Wednesday, June 26, 2013, the Supreme Court of the United States struck down Section 3 of the Defense of Marriage Act (DOMA) “as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment,” allowing same sex couples legally married in 13 states and the District of Columbia access to federal protection and benefits. The Court also ruled that proponents of Prop 8 did not have “standing” to appeal the federal court ruling that invalidated Prop. 8, reinstating the right of same sex couples to marry in California once again.

As the DOMA and Prop 8 challenges wound through various federal courts, we patiently and anxiously waited for this moment—the recognition that the U.S. Constitution guaranteed equal protection for all, including lesbian, gay, bisexual, and transgender people. We persisted as a community in spite of every obstacle faced along the way.

The legal implications of these rulings are significant and complex. Over the next few days and months to come, experts will translate the details of the decisions so that we can understand what the rulings mean long-term and how each will impact the day-to-day lives of LGBTQ people and our families—both for those same-sex couple who are legally married and for LGBTQ people who live in states that do not currently have relationship recognition laws.

If you’re not already connected to us on Facebook or Twitter, please do and we’ll be sure to keep you posted as we learn more along the way.

As we celebrate the enormity of this historic moment, let’s hold on to and remember what it took to reach this mountain top. We are here thanks to the courage and leadership of pioneers who toiled through the decades and carried us to this moment.

We have gained another victory to guide us as we strive for equality in all aspects of our lives and for all LGBTQ people, here in the Northwest and across the country. Because of our hard work as a community and the help of passionate allies, we are closer to that vision. Today represents a giant leap forward. It will take our ongoing commitment and continuous energy to keep crossing the mountains to full and lasting equality.

Congratulations to all of us—this celebration is for everyone. Thank you for all that you have done and will continue to do to bring full equality home to every person and every family.

With great Pride,

Kris Hermanns

Executive Director

http://www.pridefoundation.org | info@pridefoundation.org | 1.800.735.7287 | Headquarters Mailing Address: 1122 E Pike St PMB 1001 | Seattle, WA 98122 US

DOMA, Prop 8 DOWN (dgsmith.org)
DOMA is unconstitutional, Supreme Court rules. Prop. 8 ruling coming next. (dailykos.com)

DOMA, Prop 8 DOWN

Jun26 by D Gregory Smith

The Federal government will now recognize people who are legally married in any state. It’s unclear if they will recognize marriages if the participants move to a state where it is not legall recognized- like Montana. Would it mean that MT couples could go get married in WA and then file federal income taxes together?

Prop 8 is struck down- which means that it is legal for a CA clerk of court to give a marriage license to a same-sex couple- maybe a brave one will do that today…

The rainbow flag, sometimes called ‘the freedom flag’, has been used as a symbol of gay and lesbian pride since the 1970s. The different colors symbolize diversity in the gay community, and the flag is often used as a symbol of gay pride in gay rights marches. It originated in the United States, but is now used around the world. (Photo credit: Wikipedia)

Supreme Court rules DOMA unconsitutional (minbcnews.com)

The Catholic Factor Of Proposition 8

Feb8 by D Gregory Smith

From New Ways Ministry comes this interesting observation:

The reaction of the Catholic hierarchy to the news yesterday that a federal court has declared California’s Proposition 8 unconstitutional has been, predictably, negative. After all, the hierarchy, aided by over a million dollars from the Knights of Columbus, worked so furiously to get Proposition 8′s constitutional ban against marriage equality passed into law.

Bishop Gerald E. Wilkerson, president of the California Catholic Conference, and auxiliary bishop from Los Angeles, issued a response yesterday which included the following:

“We are disappointed by the ruling today by a panel of the Ninth Circuit that would invalidate the action taken by the people of California affirming that marriage unites a woman and a man and any children from their union. However, given the issues involved and the nature of the legal process, it’s always been clear that this case would very likely be decided by the U.S. Supreme Court. Marriage between one man and one woman has been—and always will be—the most basic building block of the family and of our society.”

But a reaction from an usher at Our Lady of Angels Cathedral in Los Angeles may indicate better where Catholics in the pew stand on this issue–even those who initially voted for Proposition 8. Ruben Garcia is quoted on the public radio website, spcr.org:

” As a parishioner and a Catholic and a married man, I do believe in the sanctity of marriage,’ Garcia said, ‘and I do believe that it should be between a man and a woman, but I’m torn because I also believe in the separation of church and state. “

That may be the crux of the argument. Catholics are twisted by the legal/moral argument of the hierarchy- if it’s immoral, it must be/become illegal. The problem in a deomocratic society is this: morals cannot be legislated effectively as representative of the entire population- because they are not representative of the entire population. Despite what bishops want to believe, the reality is that morals are not universal- there is no clear agreement on any number of moral issues.

And ignoring reality by trying to persuade by legislation will only make the remaining few points of agreement much less accessible.

Full post here.

“Proposition 8 served no purpose, and had no effect, other than to lessen the status and human…” (shortformblog.tumblr.com)
California was ahead of the curve on gay marriage – for a while – Los Angeles Times (latimes.com)
The Catholic Factor of Proposition 8 (newwaysministryblog.wordpress.com)

Sound Familiar?

Jan21 by D Gregory Smith

To Montana LGBT folks it does.

The New York Times is reporting that despite being unenforceable, irrelevant and ridiculously out of date, Kansas sodomy laws are being kept on the books by Governor Sam Brownback. Excerpt:

Image via Wikipedia

Gov. Sam Brownback created the Office of the Repealer to recommend the elimination of out-of-date, unreasonable and burdensome state laws that build up in any bureaucracy over time.

For gay men and lesbians, there seemed one particularly obvious candidate: Kansas Statute 21-3505.

That would be the “criminal sodomy” statute, which prohibits same-sex couples from engaging in oral or anal sex. The law was rendered unenforceable nearly a decade ago by a United States Supreme Court ruling, but it remains enshrined in the state’s legal code.

But on Friday, when Mr. Brownback, a conservative Republican, released a list of 51 laws to recommend to the Legislature for repeal, the sodomy statute was not among them.

The decision, despite public and private lobbying, has angered gay leaders here. “We were pretty much the first in line with our request to have this unconstitutional ban on gay and lesbian relations repealed,” said Thomas Witt, chairman of the Kansas Equality Coalition.

“This isn’t just some archaic law that’s sitting on the books and isn’t bothering anyone,” Mr. Witt continued. “It’s used as justification to harass and discriminate against people, and it needs to go.”

Mr. Brownback, who is a vocal opponent of same-sex marriage on religious grounds, declined to comment, and his spokeswoman would not say whether he would support repealing the law against same-sex sodomy, a misdemeanor that officially carries a prison sentence of up to six months.

This is familiar, because the Montana Legislature did the exact same thing last session, refusing to remove an anachronistic, irrelevant law from the books– ostensibly to shame and vilify LGBT persons.

It’s simple hate, bigotry and discrimination. As I’ve said before, these Christianist conservatives don’t give a shit about human rights, they don’t give a shit about science and they don’t give a shit about gay people.

The only cool thing about this is that the tide of public opinion is steadily going against actions like these– making the case that these bigots are out of touch with the common sense of the American people, and will soon be anachronistic and irrelevant themselves.

Full NYT story here.