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[US] Another Election Year, Another Gay Marriage Ruling (The Plank)

The Plank — Fri, 16 May 2008 06:55:32 GMT

The California Supreme Court, as you've probably heard, ruled 4-3 today that the California Constitution provides gays the lesbians the right to marry. Full text of the opinion is here (pdf). The main question, of course, is whether the ruling is correct as a matter of law, but let's leave that aside for now (I can't claim much familiarity with the mess that is the California Constitution--more on this later). It's hard to say what the political fallout from the decision will be--I've never been of the opinion that the Massachusetts ruling had much of an impact on the 2004 race, but I suppose we'll soon get another data point in that debate. As a Californian I'm quite pleased that my state now recognizes gay marriages. My instinct, though, is still that this is a lost opportunity. The state legislature has passed gay-marriage legislation twice before, and sooner or later it almost certainly would have been signed, either by Arnold Schwarzenegger or by the next governor. It would have been preferable, I think, for this to have been done democratically. That said, the question will ultimately be decided at the ballot box, and rightly so. Social conservatives are trying to place a constitutional amendment on this November's ballot that would outlaw gay marriage. They've probably gathered enough valid signatures to do so, but if the amendment doesn't make it on the ballot this year, it will in 2010. So if gay marriage in the Golden State is to endure, it will have to do so with the approval of a majority of voters eventually. (Schwarzenegger, for what it's worth, says he respects the ruling and opposes the ballot initiative to ban gay marriage.) My fear is that the judicial involvement here will always taint a victory that might otherwise have been achieved through purely democratic means. Then again, the outcome of the initiative is very much up in the air, and it's possible that there's a non-trivial number of voters who would have been inclined to vote against gay marriage but will now be reluctant to nullify marriages that have already taken place. One complicating factor is how absurdly easy it is to amend the California Constitution: You just need to collect signatures (from enough voters to account for 8 percent of the total votes cast in the last gubernatorial election) and win a simple majority vote--which explains why the state constitution is so cluttered with junk. One might very well ask what the point is of having a constitution that can be amended at will by a simple majority of voters, but the upside, I suppose, is that if they lose this November, proponents of gay marriage can just wait a few years until the generational demographics of the state become a little more favorable and try again. My guess is that gay-marriage opponents, who managed to push through an initiative statute that banned gay marriage in 2000 (it passed with 63 percent of the vote), are wishing they'd gone for the whole shebang and passed a constitutional amendment (rather than just a statute) when they had the chance. -- Josh Patashnik

MyDD : Gay Marriage Ban In California Overturned ...
The Liberal Blog Network : California Supreme Court Ruling: Thumbs UP On Marriage Equality [Pam's House Blend - Front Page] ...

blogs : Discourse.net,Body Impolitic,Maman Poulet,refinish69,Musing's musings...
(54 posts, last update: 16/05/2008 08:55)

[US] California High Court Tosses Gay Marriage Ban (Daily Kos)

Daily Kos — Fri, 16 May 2008 05:22:54 GMT

In a long-awaited decision that generated instant jubilation in the LGBT community and among their friends and allies, the Republican-dominated California Supreme Court overturned a ban on same-sex marriage today . The 4-3 decision is here . (WARNING, 172-page pdf file.) From the ruling (paragraphs inserted for readability): After carefully evaluating the pertinent considerations in the present case, we conclude that the state interest in limiting the designation of marriage exclusively to opposite-sex couples, and in excluding same-sex couples from access to that designation, cannot properly be considered a compelling state interest for equal protection purposes. To begin with, the limitation clearly is not necessary to preserve the rights and benefits of marriage currently enjoyed by opposite-sex couples. Extending access to the designation of marriage to same-sex couples will not deprive any opposite-sex couple or their children of any of the rights and benefits conferred by the marriage statutes, but simply will make the benefit of the marriage designation available to same-sex couples and their children. ... While retention of the limitation of marriage to opposite-sex couples is not needed to preserve the rights and benefits of opposite-sex couples, the exclusion of same-sex couples from the designation of marriage works a real and appreciable harm upon same-sex couples and their children. As discussed above, because of the long and celebrated history of the term "marriage" and the widespread understanding that this word describes a family relationship unreservedly sanctioned by the community, the statutory provisions that continue to limit access to this designation exclusively to opposite-sex couples — while providing only a novel, alternative institution for same-sex couples — likely will be viewed as an official statement that the family relationship of same-sex couples is not of comparable stature or equal dignity to the family relationship of opposite-sex couples. Furthermore, because of the historic disparagement of gay persons, the retention of a distinction in nomenclature by which the term "marriage" is withheld only from the family relationship of same-sex couples is all the more likely to cause the new parallel institution that has been established for same-sex couples to be considered a mark of second-class citizenship. Finally, in addition to the potential harm flowing from the lesser stature that is likely to be afforded to the family relationships of same-sex couples by designating them domestic partnerships, there exists a substantial risk that a judicial decision upholding the differential treatment of opposite-sex and same-sex couples would be understood as validating a more general proposition that our state by now has repudiated: that it is permissible, under the law, for society to treat gay individuals and same-sex couples differently from, and less favorably than, heterosexual individuals and opposite-sex couples. In light of all of these circumstances we conclude that retention of the traditional definition of marriage does not constitute a state interest sufficiently compelling, under the strict scrutiny equal protection standard, to justify withholding that status from same-sex couples. Accordingly, insofar as the provisions of sections 300 and 308.5 draw a distinction between opposite-sex couples and same-sex couples and exclude the latter from access to the designation of marriage, we conclude these statutes are unconstitutional. "The arc of the moral universe is long, But it bends toward justice." Theodore Parker. + + + There is a wide-ranging discussion going on in UTBriancl 's Recommended Diary here .

The Huffington Post : Rick Hasen: Did the California Supreme Court Just Do John McCain an Inadvertent Favor? ...
The Daily Dish : The Threat In November ...

blogs : Raw Story,MediaBistro.com,BlueOregon,The Huffington Post,Election Law...
(73 posts, last update: 16/05/2008 07:22)

[US] California Supreme Court overturns gay marriage ban. (Think Progress)

Think Progress — Fri, 16 May 2008 02:40:40 GMT

The California Supreme Court has overturned the state’s ban on gay marriage today, “paving the way for California to become the second state where gay and lesbian residents can marry.” The court stated that “an individual's sexual orientation — like a person's race or gender — does not constitute a legitimate basis upon which to [...]

Hot Air : Breaking: California Supreme Court legalizes gay marriage ...
Michelle Malkin : Court watch: California gay marriage ruling ...

blogs : Political Animal,Aria,Stereohyped,Politics,ABS CBN...
(110 posts, last update: 16/05/2008 04:40)

[US] Indictment in MySpace teen suicide case (Sister Toldjah)

Sister Toldjah — Fri, 16 May 2008 02:40:42 GMT

Via AP: LOS ANGELES - A federal grand jury on Thursday indicted a Missouri woman for her alleged role in perpetrating a hoax on the online social network MySpace against a 13-year-old neighbor who committed suicide. Lori Drew of suburban St. Louis allegedly helped create a false-identity MySpace account to contact Megan Meier, who thought she [...]

Truemors : Indictment for Mom Involved in MySpace Suicide Case ...
odd time signatures : Lori Drew Indicted by Los Angeles Grand Jury ...

blogs : TechNewsWorld,Democratic Underground,The Volokh Conspiracy,kansascity.com,E-Commerce Times...
(21 posts, last update: 16/05/2008 04:40)

[US] Trouble in bear country (BioLaw: Law and the Life Sciences)

BioLaw: Law and the Life Sciences — Thu, 15 May 2008 10:54:00 GMT

As rising temperatures change life on a global scale , we should not be surprised that Ursus maritimus , the eponymous bear of the far north , has now come under the aegis of the Endangered Species Act . Threatened

Jurisdynamics : Trouble in bear country ...
From On High : I Rest My Case II ...

blogs : BioLaw: Law and the Life Sciences,Jurisdynamics,Carbon-Based,From On High...
(4 posts, last update: 15/05/2008 12:54)

[US] California Supreme Court approves gay marriage; is SCOTUS soon to follow? (Lone Star Times)

Lone Star Times — Thu, 15 May 2008 23:40:47 GMT

The California Supreme Court has effectively legalized gay marriage by striking down a voter-approved law that restricted marriage to a union of one man and one woman. The Court, by a 4-3 vote, determined the law passed by 61% of the voters in 2000 was discriminatory, and wrote, “… limiting the designation of marriage to a union [...]

MSNBC.com: Top MSNBC Headlines : Calif. court rejects gay marriage ban ...
The Cafeteria Is Closed : California Supreme Court legalizes gay marriage ...

blogs : UN Dispatch,Raw Story,Nuke's news & views,Deseret Morning News,Gay.com...
(105 posts, last update: 16/05/2008 01:40)

[US] California Goes over the Edge (Moonbattery)

Moonbattery — Fri, 16 May 2008 03:48:32 GMT

To no one's surprise, the militant moonbats running the courts in the Land of Fruits and Nuts have declared that homosexuals can become legally married. Liberals have been laboring mightily to destroy the family, the foundation of human civilization. This...

Blog Town, PDX : California Overturns Gay Marriage Ban! ...
Left I on the News : Breaking news on gay marriage ...

blogs : Mombian,Blog Town, PDX,Houston Chronicle,refinish69,Lobal Warming...
(21 posts, last update: 16/05/2008 05:48)

[US] WAR FUNDING BILL DEFEATED-- GREAT DRAMA... BUT PROBABLY NOTHING MORE THAN A SHORT DELAY (DownWithTyranny!)

DownWithTyranny! — Fri, 16 May 2008 03:35:00 GMT

Ever wonder why the war is still going? Although John W. McCain has backed away from his "100 more years of war" pledge, he did vow today to make sure the war lasted at least until after he's out of office if he's elected. So if you want more war-- another trillion dollars or so of it-- just be sure to go vote for McCain and Republican congressmen and senators. Actually, Congress looks like it isn't feeling as rubber stampy as it has been. Both Democrats and Republicans-- mostly for different reasons-- rejected the collaborationist war funding bill today, a bill that most Americans don't want but that Bush, Hoyer, Cheney, McConnell, and Emanuel are pushing forward. Late this afternoon, the House voted down the $162.5 billion war funding bill , shocking the increasingly out of touch Democratic House leadership. Hoyer, Emanuel and Pelosi thought they could count on pro-war Democrats and the Republicans to get it through. Boehner screwed them up by getting 132 right-wing, pro-war Republicans to vote "present." There were also 141 votes for continued funding and 149 against it . Among the pro-war Democrats: Jason Altmire (PA) Brian Baird (WA) Melissa Bean (IL) Shelley Berkley (NV) Howard Berman (CA) Sanford Bishop (GA) Dan Boren (OK) Chris Carney (PA) Don Cazayoux (LA)-- that sure didn't take long Rahm Emanuel (IL) Bill Foster (IL) Steny Hoyer (MD) Nick Lampson (TX) Dan Lipinski (IL) Tim Mahoney (FL) Jim Marshall (GA) Adam Schiff (CA) Heath Shuler (NC) Real Democrats who oppose the war voted against the funding bill including Blue America endorsed Dems (mostly alumni) like Tom Allen (D-ME), Mike Arcuri (D-NY), Bruce Braley (D-IA), Steve Cohen (D-TN), John Hall (D-NY), Paul Hodes (D-NH), Jerry McNerney (D-CA), Patrick Murphy (D-PA), Jerold Nadler (D-NY), Carol Shea-Porter (D-NH), Hilda Solis (D-CA)... Instead of passing this part of the bill-- the part Hoyer and Emanuel were positive would sail through-- "House members voted to demand troop withdrawals from Iraq, force t

You Decide 2008 : Video: McCain outlines his hypothetical first term ...
Donklephant : The Future According to McCain ...

blogs : Donklephant,DownWithTyranny!,You Decide 2008...
(3 posts, last update: 16/05/2008 05:35)

[US] Indictment in Cyberbullying Case (Shakespeare's Sister)

Shakespeare's Sister — Fri, 16 May 2008 00:06:00 GMT

Back in November , we discussed the absolutely heartbreaking story of Megan Meier, a 13-year-old girl with depression and body-image related low-self esteem who hanged herself after being tricked by an adult neighbor, mother of a classmate, who was masquerading on MySpace as a 16-year-old boy who liked (and then didn't like) Megan. At the time, it was reported unlikely that criminal charges would be filed. But today CNN reports that the neighbor has been indicted in the deadly hoax, charged with "conspiracy and fraudulently gaining access to someone else's computer." Lori Drew, of suburban St. Louis, allegedly helped create a MySpace account in the name of someone who didn't exist to convince Megan Meier she was chatting with a 16-year-old boy named Josh Evans. …Salvador Hernandez, assistant agent in charge of the Los Angeles FBI office, called the case heart-rending. "The Internet is a world unto itself. People must know how far they can go before they must stop. They exploited a young girl's weaknesses," Hernandez said. "Whether the defendant could have foreseen the results, she's responsible for her actions." Drew was charged with one count of conspiracy and three counts of accessing protected computers without authorization to get information used to inflict emotional distress on the girl. I only wish there were more charges to be brought against the soulless shit who told police she "felt this incident contributed to Megan's suicide, but she did not feel 'as guilty' because at the funeral she found out 'Megan had tried to commit suicide before'." [H/T to Angelos, via email.]

LAist : Lori Drew Indicted in Myspace Suicide Hoax ...
Concurring Opinions : Megan Meier Case Update -- Drew Indicted ...

blogs : Concurring Opinions,Shakespeare's Sister,In Case You Didn't Know,ac360blog,The Volokh Conspiracy...
(9 posts, last update: 16/05/2008 02:06)

[US] AP Standards: Obama’s Top Contributors Linked to Investments in Sudan (Webloggin)

Webloggin — Fri, 16 May 2008 00:25:50 GMT

Applying the AP’s McCain Standard to Barack Obama Shows Sudanese Connections to His Campaign It's a strange one sided sort of game the Associated Press is playing in its latest attack against John McCain. AP writer Jim Kuhnhenn is applying a six degrees of separation style standard in trying to accuse John McCain of investing in [...]

NewsBusters : AP Standards: Obama's Top Contributors Linked to Investments in Sudan ...
Where's the Outrage? : What's going on - News Round Up ...

blogs : Where's the Outrage?,NewsBusters,Webloggin,Stubborn Liberal...
(4 posts, last update: 16/05/2008 02:25)

[US] End of an era (Get The Picture)

Get The Picture — Thu, 15 May 2008 23:58:00 GMT

ACC ends relationship with Humanitarian Bowl, effective 2009. Yellow Jacket fans everywhere mourn. They'll always have Boise. (photo courtesy Idaho Statesman) You can tell the ACC is choked up about the decision. Just listen to the commish: “We will be leaving the Humanitarian Bowl in Boise,” Swofford said. “They provided some excellent experiences for our teams. I think if [...]

Section Six : Oh, these sour times. ...
What's Bruin, Dawg? : Adieu, Boise ...

blogs : Fanblogs.com,Eagle in Atlanta -- atleagle.com,Section Six,What's Bruin, Dawg?,Get The Picture...
(7 posts, last update: 16/05/2008 01:58)

[US] Who is most ‘digitally savvy'? Not the Bay Area (Metroblogging San Francisco)

Metroblogging San Francisco — Wed, 14 May 2008 18:31:25 GMT

Where will advertisers find the “most digitally savvy consumers,” those most ready to early-adopt, link up, throw all their personal information online, and then blog about it? Not San Francisco or Silicon Valley, says Advertising Age. The winner is Austin. San Francisco comes in tenth — tenth — behind places like Sacramento, Phoenix and Las Vegas. [...]

Poynter Online : Mini-Tidbits: Digital Meccas, Off-Target Ads, More... ...
LA Biz Observed : Being digitally savvy ...

blogs : Poynter Online,LA Biz Observed,Metroblogging San Francisco,Izzy Neis...
(4 posts, last update: 14/05/2008 20:31)

[US] I Take Issue With "The Black Case For Obama-Skepticism" (The Plank)

The Plank — Thu, 15 May 2008 20:19:43 GMT

Cinque Henderson has an interesting piece in our new issue on the "black case for Obama skepticism." Particularly noteworthy are his comments about Obama's channeling of Malcolm X during the South Carolina primary fight and his criticisms of Obama's handling of the Wright affair. However, he also makes one of the most bizarre assertions I have come across in quite some time. The section starts with a good point at the expense of Obama supporters like Senator Claire McCaskill: Add to that another Obama supporter, Senator Claire McCaskill of Missouri, calling Obama the first black politician to "come to the American people not as a victim but rather as a leader." You hear this kind of talk all the time. Never mind the dignified glories of Booker T. Washington, Frederick Douglass, Martin Luther King Jr., Colin Powell, Kurt Schmoke, and others. We have arrived at the crux of the matter. So much of the educated white people's love for Barack depends on educated white people's complete ignorance of and distance from the rest of us. Barack is the black person they want the rest of us to be--half-white and loving, or "racially transcendent," as the press loves to call him. And, since picking a candidate makes you allies with his other supporters, why would I want to be allies with educated whites whose glorification of Barack depends in large part on their implicit denigration of the rest of us? [italics mine] This is well put, but here is what follows: But, once you stare past the radiant glow surrounding Obama and begin to study the exact reasons for his so-called racial transcendence, you can't help but conclude that it is mostly hokum. Why do black people love Obama? In large part, it's because of the dark-skinned woman on his arm. Black people (especially black women) are nuts for Michelle. Had Barack married a white woman, his candidacy would've never gotten off the ground with black people. And would whites really be so into him if he hadn't had a white mother? Based on U.S. political history, you would have to conclude: not a chance. My suspicion is that people are ultimately comfortable with Obama because a member of his family looks like them--and, if you think about it, that's not terribly transcendent. [italics mine] Talk about "denigrating" a group of people--and giving them absolutely no credit whatsoever. What can you even say about this assertion? Not only does Henderson supply no evidence for it, but on its face it seems completely ludicrous. And what follows is not much better. Do most voters even know Obama has a white mother? Regardless, we are supposed to believe this is why white people like him? Definitely read the whole piece, but if Henderson is so concerned about white people "viewing" African-Americans in a certain way, he himself should avoid falling into the same trap. -- Isaac Chotiner

Althouse : What's with those 10% of black people who don't support Barack Obama? ...
Discriminations : NObama ...

blogs : Discriminations,Althouse,Random Thoughts from Reno,The Plank...
(4 posts, last update: 15/05/2008 22:19)

[US] CA Supreme Court OK's Same Sex Marriage (Queer Law Watch)

Queer Law Watch — Thu, 15 May 2008 20:27:26 GMT

Breaking news here .

Weird is Relative : California Supreme Court Overturns Gay Marriage Ban ...
Left In Lowell : The Biggest State Has Gay Marriage! ...

blogs : Left In Lowell,Queer Law Watch,Blue Mass. Group - Front Page,Maverick Tribe,Opinion L.A....
(7 posts, last update: 15/05/2008 22:27)

[US] A list of unconventional but useful tips for visitors to... (kottke)

kottke — Thu, 15 May 2008 21:43:38 GMT

A list of unconventional but useful tips for visitors to NYC . Do a bunch of local New York things: Hang out in Central Park, Explore Brooklyn, wear black, enjoy the free WiFi in Bryant Park (use the bathroom there -- nice). Attend a lecture at the 92nd ST Y, go to Chinatown in Queens. Buy junk at a street fair, and eat street meat (don't ask). Have a cigar at the Grand Havana Room (members only). Catch an author speak at a Barnes & Noble (use the bathroom while you are there). Eventually I hope to write up my How To Be A Pedestrian In NYC guide, a companion to my rules for the NYC subway , only a bit more helpful and less ranty. ( link )

The Bellows : Juxtapositions ...
92Y Blog : A New Yorker’s Guide for Tourists ...

blogs : 92Y Blog,The Bellows,kottke...
(3 posts, last update: 15/05/2008 23:43)