All Eyes on the Supreme Court

Later this afternoon, the Supreme Court is set to announce whether they will rule on same-sex marriage in the upcoming year (update at bottom of post!)

If they decide to take up the case, it would most likely be heard in March, with a decision in June. Ten petitions are in front of the court, and eight of them are about the federal Defense of Marriage Act (a more detailed legal description can be found here). The justices are behind closed doors right now (I'll post an update after their decision!).  

In places like New York or Iowa, marriage equality is recognized under state law, but not recognized by federal law because of the Defense of Marriage Act (which the Obama administration believes is unconstitutional). So, legally married same-sex couples do not have equal access to federal rights. California's Proposition 8 (a ban on same-sex marriage that was recently overturned and is now being appealed) is one of the issues before the Supreme Court. If the justices take on this case, the court could potentially only rule for the couples in California. Or, they could rule on the issue of marriage equality in all states. I cannot express how HUGE that decision would be.

This comes after a series of historic victories for equality on election day. After Maryland, Maine, and Washington approved same-sex marriage, a total of nine states have legal same-sex marriage. 

This is addition to re-electing the first president in American history to support marriage equality. 

However, a total of 31 states have banned same-sex marriage in their constitutions, and 7 states have banned it by state law.

(From Mother Jones. Not pictured: Alaska, banned by constitutional amendment, and Hawaii, banned by state law)

So, even though the tide is turning, we still have a long way to go. And that is why this Supreme Court needs to take up the issue. Fighting for marriage equality state by state has left a patchwork of unacceptable inequalities. 

As the Supreme Court said in 1967:

"Marriage is one of the basic civil rights of man, fundamental to our very existence and survival."

This was in the landmark Loving v. Virginia case, which finally declared race-based anti-miscegenation laws unconstitutional. To continue:

"To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law...Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State."

Let's not forget what this is all about. This is about rights, this is about equality for all, this is about societal acceptance, and this is about love.

Richard and Mildred Loving, arrested to for violating the law against marriage between a white and a black person in Virginia. (1960s)

Phyllis Siegal, 76, and Connie Kopelov, 84, the first couple to be married under New York's marriage equality law (Watch part of their ceremony. Beware of the potential for an outpouring of tears.)

Mildred Loving (pictured above), was quoted on the fortieth anniversary of the 1967 ruling Loving v. Virginia, in a rare public statement only a year before her death:

"Surrounded as I am now by wonderful children and grandchildren, not a day goes by that I don't think of Richard and our love, our right to marry, and how much it meant to me to have that freedom to marry the person precious to me, even if others thought he was the "wrong kind of person" for me to marry. I believe all Americans, no matter their race, no matter their sex, no matter their sexual orientation, should have that same freedom to marry. Government has no business imposing some people's religious beliefs over others. Especially if it denies people's civil rights."

This Supreme Court case could be huge. It could have a federal impact, or it could just have an impact on California. But, as Martin Luther King, Jr. said: "Injustice anywhere is a threat to justice everywhere." So let's get to work!

Join with me today in calling for the Supreme Court to consider the constitutionality of same-sex marriage. From my family to your family, let equality, love, and acceptance be the ultimate goals. 

And let's get there sooner rather than later.

-JJC


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UPDATE 4:30 pm, 30 Nov. 2012
Supreme Court delays the decision on which case to hear another week. But it's likely that they will be hearing at least one of the cases. More from the LA Times here. 

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UPDATE around 3:00 pm 7 Dec. 2012

The Supreme Court has announced they will take two cases about marriage equality during this session! They will be deciding cases about the Defense of Marriage Act and California's Proposition 8. This is good news! Read more from the New York Times here.

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PS--There's an interesting film in production about many issues I talk about on this blog. Check it out to see if it's something you'd like to support. 

Finally! Obama Endorses Marriage Equality

Today, something truly great happened. President Barack Obama has finally come out and said what many people already knew: he's in favor of marriage equality.

(For some giggles, check out Fox Nation's original response to this, although it has been recently altered slightly).

Why is this happening now? Well, one could argue that this was simply a long time coming. Of course, there are the arguments that this is incredibly political (to which I have to say: what does a President of the United States do that isn't political?)

However, I believe it's actually due to what I like to call THE BIDEN BOMB.

Watch this:

After Biden's comments, the Obama 2012 campaign at first backtracked Biden's statements. After a few more days of uproar by the LGBTQ community, Obama has finally come out in favor of lesbian and gay marriage rights himself.

I have seen so many comments and announcements that Obama is, yet again, using "words not actions." However, it's been nearly the opposite. At the same time that Obama was "evolving" on the issue according to his statements, his administration has:

• Announced that the Defense of Marriage Act would no longer be defended 
• Threw out Don't Ask Don't Tell, so gays and lesbians can now serve openly in the military.
• Continued to support the commitment for gay and lesbian human rights around the globe.

So, what does Obama's statement mean in context of the rest of his administration? Obama stopped short of the full endorsement I had been hoping for, and I have several issues with his statement. And, it's clear that this is the perfect political storm for this to happen, with "gay money" supposedly replacing "Wall Street money," the Romney campaign's completely egregious stomping on gay people earlier this month, the Biden Bomb, and North Carolina's very recent approval of a ban on same-sex marriage all create the political storm that almost required Obama come forward and say something.

And he did say something. It doesn't matter if it's politically motivated, and it doesn't matter much that it's imperfect. He said something.

What I've come to realize is that for loving, same-sex couples, the denial of marriage equality means that, in their eyes and the eyes of their children, they are still considered less than full citizens.

Even at my own dinner table, when I look at Sasha and Malia, who have friends whose parents are same-sex couples, I know it wouldn't dawn on them that their friends' parents should be treated differently.

So I decided it was time to affirm my personal belief that same-sex couples should be allowed to marry.

Words are so powerful. They are used in campaign ads by both sides to either demonize or idolize politicians. They are used to bully. They are used to give hope and inspire. Words give movements power. They start things and they end things. They are used on both sides to rally around or against an issue. 

So, let's rally. 

Obama's administration has been taking seemingly small actions to further LGBTQ equality for nearly four years, and I've been blogging about them for over a year now. However, until today, there has been no rallying point. People I know are in favor of LGBTQ rights have no idea what Obama has already done because the administration hasn't been willing to broadcast it. I had to read between the lines when Obama slightly hinted at being in favor of gay marriage over a year ago.

Today, he actually said it. People are reading and watching and discussing and rallying. This is what I've been waiting for. Movements around the globe will be energized by having Obama's support.

Grain of salt time: what Obama has said--it's not perfect. And it's dangerous to take these words and assume change has been achieved. Progress has been made, but Obama still says that states should be allowed to make their own decisions, like North Carolina just did. North Carolina is the last of the Southern states to approve a ban on same-sex marriage. Do you know what this reminds me of?

When states were allowed to vote about whether or not people who looked a certain way could be enslaved or not. This is not the same issue, but it's similar. The rights of the minority cannot be decided by an oppressive majority. I urge Obama to jump to the right side of history instead of tentatively stepping over the line. A politician with so much at stake, I understand that he actually has to be reelected in order to take further action on this issue. Nevertheless, I believe that with more than half the country supporting lesbian and gay marriage, it's time for Obama to make that leap. 

So let's rally not around Obama's statements, but around the promise they hold. And let's continue pushing for some change we can believe in.

The End of Don't Ask Don't Tell! Are Birds Falling From the Sky?

Another GIGANTIC step forward!

This president is coming through for LGBTQ people like no other president previous to him

Today marks the end of Don't Ask Don't Tell. After 18 years, at 12:01 this morning, it was over. For those that don't know about DADT, the law (signed by President Bill Clinton) prevents openly gay or lesbian people from serving in the military because of the "risk" it would pose to the "cohesiveness," "morale," "good order," and "discipline" of our armed forces. 

Although there are opponents to the change, it is supported by top officials from the Pentagon.

Check out this celebratory Obama video, and below it, check out some serious craziness from Cindy Jacobs (read more from Ms. Jacobs here) who believes the end of DADT is bringing imminent armageddon, with birds falling from the sky and everything. Enjoy!

What do you think? How long overdue is the repeal of DADT? How much harm (or not) has DADT caused?

Video: Obama is now Pro-Gay Marriage?

Although Obama has always opposed the Defense of Marriage Act, and although he is pro-civil union, he has been anti-gay marriage. This has been a major problem I've had with the Obama Administration. However, as of late, with the Administration declaring DOMA unconstitutional and working to end Don't Ask Don't Tell, I've partly forgotten that Obama campaigned with an anti-gay marriage platform. This is, however, in direct contradiction of his 1996 statement of his "unequivocal" support of gay marriage. 

Do recent actions reveal otherwise? Watch this video and tell me what you think. Do you think Obama will come out in favor of gay marriage?

According to Dallasvoice.com, this video:

...may be the closest President Barack Obama has come to publicly admitting that he supports marriage equality — at least since he actually said it on a candidate survey in 1996. In the video below from a DNC fundraiser Monday night in San Francisco, Obama says during his speech that, “Our work is not finished.” Then someone in the crowd yells, “Gay marriage.” Obama pauses, then appears to respond by repeating, “Our work is not finished,” as if to indicate that the audience member had just illustrated his point.


I'm ready for a President who believes in complete marriage equality! How about you?

"It Gets Better"-Helping LGBTQ Youth Stay Alive

We all have busy weeks, and I'm in the middle of a particularly insane one myself. Although we may all get busy, it's important that we not forget those in the closet, newly out of the closet, or questioning their sexual identity who could use support, whether you're a LGBT or a straight ally.

The "It Gets Better" campaign has been something on my radar for a while. It's an effort to reach out to struggling LGBTQ teens. I've watched several videos, and a few have been particularly tear-jerking. Listen to or read this NPR story about creator Dan Savage for more information on this movement.

From NPR:

"Last fall, several teens across the country committed suicide because they were gay or perceived to be gay. This shocking rash of suicides raised attention about a sobering fact: Gay teens are up to four times as likely to attempt suicide as straight teens, and 9 out of 10 LGBT teens have experienced some sort of harassment in their school, according to The Trevor Project, a suicide prevention hot line for LGBT youth. When advice columnist Dan Savage heard about the suicide crisis unfolding, he had an idea: If older gay people offered hope and encouragement to gay teens, the teens would realize that their lives were worth living."

Many celebrities have made videos. Here is a video from President Obama:

Watch this video to see creator Dan Savage talk about the project, and the brutal bullying that can haunt LGBTQ teenagers.

According to the It Gets Better website:

Many LGBT youth can't picture what their lives might be like as openly gay adults. They can't imagine a future for themselves. So let's show them what our lives are like, let's show them what the future may hold in store for them.

Here's another It Gets Better video:

And please, remember the next time you hear of someone bullying, it is a big deal. Please speak up, and act out on this issue. There is someone out there who could use an ally, and that ally could be you.

Again, here's the website! It's a great resource for everyone, and I suggest visiting.
http://www.itgetsbetter.org/

Here's their facebook page:
http://www.facebook.com/itgetsbetterproject

DOMA To Be Repealed? What Does It All Mean?

For those who don't know much about DOMA, it's the Defense Of Marriage Act signed by President Bill Clinton in 1996. In the law, the federal government defines marriage as between a man and a woman. What this means, essentially, is that no state can be required to recognize a same-sex marriage from another state.  Someone married in California (before Proposition 8) does not have to be recognized by Michigan, which has a law restricting lesbians and gays from marrying.

"DOMA, the law declared unconstitutional by both President Obama and Attorney General Holder, as well as two federal court judges in several different cases, bans the federal government from recognizing same-sex marriages, and allows states to not allow these marriages either."

A few weeks ago, the Obama Administration announced that DOMA would no longer be defended in the courts by the Justice Department (been there, discussed that). Obama was essentially saying that DOMA was viewed as unconstitutional in his administration's eyes. This was a big leap forward for gay rights in this country, because it meant there was finally a supportive president in the White House. Many people had found Obama to be MIA on this issue, and this was proof otherwise.

But more recently, House Speaker John Boehner and the Republicans have taken actions for the legal defense of DOMA (also been there, also discussed that). They basically overturned what Obama decided.

Well, now Democrats are fighting back again.

Last Wednesday, the March 16, Sen. Diane Feinstein has introduced a bill that would repeal DOMA, called the "Respect for Marriage Act." It has 17 cosponsors.

On the same day, Rep. Jerrold Nadler introduced an equivalent bill in the the House. It has 102 cosponsors. This is not Nadler's first attempt, but he hopes this time it will be a successful one.

What's next? Well, two things. One, we have to wait. Two, everyone should be calling their representatives and senators and telling them to vote for the Respect for Marriage Act.

Here's where to find your representative's number. 


Here's where to find your senators' number.

For marriage equality! Let's do this together!

Is the Tide Turning?

Obama announced that he believes the Defense of Marriage Act is unconstitutional, and that his administration would no longer defend it.

House Republicans have decided to continue to defend the Defense of Marriage Act. 

Maryland was on the road to being the next state to allow gay marriage.

The bill was tabled until 2012 without a vote because it didn't have enough support. It was killed for this year. 

These are just a few examples. I was feeling very optimistic a few weeks ago, before the news above was apparent. This video from MSNBC summarizes well:

Yes, there are steps forward. But every attempt of forward movement seems to be countered with a push backward, frequently coming, it seems, from Republicans.

There will be a post about bullying coming later this week, but it will suffice to say here that the issues of equal rights and equal acceptance are more important than ever. 

I'm writing this while feeling discouraged after reading about Exodus International, an organization known to try and cure homosexuality, has an iphone application to better reach people with their message.

This post is somewhat of a pep talk to myself, and I hope for others as well. We are making progress. We have an administration in the White House that is on our side, if it has been a bit slow to act. The public is increasingly becoming more supportive of gay rights, although whether there is a majority who support gay marriage is debatable.

Why is there this public shift? It's because people are becoming more willing to talk about this. LGBTQ issues are increasingly becoming more public, and less taboo. The other day, I heard someone say "That's so gay" and I was ready to jump in and explain why that was an inappropriate remark. To my surprise, two other people beat me to it. 

That's just a small anecdote, but still, I see change happening around us. I see how Hope is Ready and Holland is Ready from my hometown are making progress. I see my friends and family becoming more vocal on this issue. I see the change. Tangible legal change is slower to come, but I'm beginning to see a social change.

And social change will be the foundation for the legal changes I and many others so desire. 

The key component to further change is to not be discouraged by the steps backward, but rather to use these disappointments to spur on this movement.

And it's important not to forget the progress we've already made.

My advice: be active and be vocal. It's going to take all of our efforts to achieve equal rights and acceptance. 

Boehner, Republicans Defend DOMA

I can't say I'm surprised, but I can say I'm disappointed.

This is something that may be lost in the hullabaloo in Wisconsin and the uproar about NPR (What I want to know: Why isn't anyone talking about Michigan in the national news?), but in amidst all of this news, we should pay attention.

The Republicans have voted to continue to defend the Defense Of Marriage Act from 1996.

This article summarizes the situation well:

"The Bipartisan Legal Advisory Group, convened by Speaker Boehner, voted 3-2 to authorize the House to retain legal counsel. Minority Leader Nancy Pelosi (D-CA) and House Minority Whip Steny Hoyer (D-MD) voted against the action. With at least nine cases challenging the constitutionality of DOMA, spanning three appellate courts and four district courts in six states, today’s vote sets up an expansive and expensive undertaking.

Today's vote could result in spending millions of taxpayer dollars. There are at least nine federal lawsuits -- spanning three appellate courts and four district courts in six states -- challenging the constitutionality of Section 3 of DOMA. The panel did not disclose if they will authorize federal dollars to pay outside counsel to mount a defense of the DOMA law that federal court has found to be unconstitutional and the Department of Justice found to be indefensible."

Also, Rep. Franks, Republican from Arizona, is calling for Obama's impeachment based on the administration's DOMA decision.

There is so much going on in the political sphere these last few days my head is spinning. I think it's especially important that those of us in favor of gay marriage speak up, so this issue doesn't get lost in the hubbub.