Tag Archives: same-sex marriage

a telling moment for the Catholic Church

The poor anti-same-sex-marriage crowd feels “outgunned and underfinanced” in their fight to prevent state recognition of same-sex couples. In New York, for instance, the Catholic Church has been absent from the struggle. Why?

The state’s Roman Catholic bishops have been somewhat distracted, too, having focused their lobbying energies this session on defeating a bill that would extend the statute of limitations for victims of sexual abuse to bring civil claims, and have appeared unprepared for the battle over marriage.NYT 5/20

Yeah, I think that pretty much sums up their values these days.

media annoyances part 1: Adam Nagourney

Two things annoyed me in the last 24 hours. Well, two media things.

First, this morning in an article about same-sex marriage in the NYT, there was utter stupid cluelessness that led me to conclude the article must have been written by a straight person. And indeed, But then I just looked at the byline and it was by Adam Nagourney, which explains this article. Why is Adam Nagourney so bad? Anyway today he wrote in paragraph 1:

Continue reading

gay marriage & Equal Protection jurisprudence

Well, I loved the California same-sex marriage decision. Not just because it granted same-sex marriage, and not just because it said that the state needs to use the same term to refer to same-sex and opposite-sex unions, but because it significantly expanded Equal Protection jurisprudence.

For the non-law-geeks out there, federal and state constitutional guarantees of “equal protection” apply only to certain protected classes (“suspect classifications”), and now homosexuality, in California, gets the highest protection. Here’s how it works. When determining whether a law or action violates equal protection, a court will determine whether (a) a fundamental right is being violated, in which case the court will apply “strict scrutiny”; or (b) what classes of people are being treated differently. If the class is race, the court applies “strict scrutiny”, as it does with violations of fundamental rights. Gender gets “intermediate” scrutiny. The lowest level of scrutiny is a “rational basis review”. If the class has not been deemed a “discrete and insular minority” that has routinely and historically suffered discrimination, then the court applies a rational basis review — a much lower standard of review. Basically, a law that discriminates a class of people is okay under rational basis review, so long as the government has any rational basis for the action. Any law that creates multiple classes is subject, by default, to this review. For instance, “taxpayers” and “non-taxpayers”.

Courts have consistently declined to apply any heightened scrutiny to laws that discriminate on the basis of sexual orientation. Instead, they have applied “rational basis review with bite” — finding that some laws that discriminated against homosexuals did not even have a rational basis. For instance, Colorado’s Amendment 2 failed rational basis review. This is nice on the one hand, because it is an affirmative slap at the law, making it plain that really nasty discrimination is irrational. On the other hand, it makes it very hard to strike down such laws, because it doesn’t recognize the “class-ness” of homosexuality — the fact that gay people are treated as a class and routinely discriminated against.

So the California decision is the first to recognize that gay people are treated as a class and routinely discriminated against. Which means that, in California, we have a lot more protection now. And even if the right-wingers who are freaking out manage to define California’s marriage laws to exclude me and Michele, that won’t undo the strict scrutiny holding.

Ha.

positive about civil unions

In last night’s Democratic candidate debate about The Gays, Clinton explained that she’s not anti-gay marriage: “I prefer to think of it as being very positive about civil unions.”

As Michele (my Massachusetts spouse) said: “If she’s so positive, why doesn’t *she* get one.”

crossing my screen today

How to give a great man-to-man hug — a hilarious video from the developing world of masculinity studies. I went to it on the off-chance that it was actually funny, and was well-rewarded for my optimism.

Kitty not happy tshirts at work: The salon.com column “dear cary” handles various ethics and manner type issues, and I read it occasionally when spending a leisurely morning catching up on news. Today’s column was out-of-the-ordinary great: a meditation on the nature of work, especially non-democratic work.

Suellen Parker, an artist, was profiled at the NYT Magazine in a little video segment about her recent NYT Magazine cover. My partner1, a reliable spotter of intellectual property issues in the news, called my attention to it. Parker’s art for the NYT cover worked like this: She built a clay model; then shot photos of real life models to sculpt the expression; shot her clay model; then took bits & pieces of real life people photos (lips, eyes), to photoshop her clay model together with a bunch of other stuff. Totally fascinating, and M & I had a fun morning conversation about whether Parker only used her own photographs; had she gotten model releases for the photoshopping use, or just for modeling expression in sculpture; and so on. As far as copyright goes, clearly a fair use, but it’s an interesting example of the sort of thing that causes problems for copyright absolutists. (Like copyright image-recognition filters ….?)

… Our conversation also touched on gender issues. Watching how Parker presents her work, and how the NYT frames it — edits it, what music they choose for the background — and how we receive the video, we wondered how it would be different if the artist were a man. How much internalized sexism do we have in evaluating this artist? Would we see her as more “artiste” and less “craftsperson” if her voice had been his deep tenor voice? Would the NYT have chosen a more dramatic background music? A recent study suggests that we begin absorbing gender roles even as toddlers — how deeply embedded are gender roles in our construction of the world? Pretty damn.

And then there was this cool geekery — a video about new technologies that combine social information (like flickr, tagging, etc.) with new photo viewing & recognition technologies. (seadragon & photosynth). The less cool end of this fabulous flickr futurism: Combining photos from flickr with all the knowledge of the world & 3D visualization sounds fun and all, but flickr censors images for people based on their government. What will it look like when we combine flickr’s image censorship with AT&T’s proposed network filtering with google’s youtube video filtering? I see lots of blank spots in the brave new web 2.0 world.


 
 
 
 
 


1. My partner, legally recognized as such for at least a few more years. Thanks, Massachusetts!

gayness

* Alas (a blog) has deemed Father’s Day “queer sex day” for very good reasons.

* Jon Stewart points out the obvious to Bill Bennett’s proffered state rationale for recognizing only male-female marriages:

Divorce doesn’t occur because 50% of marriages end in gayness.

* New York’s highest court (the confusingly named “Court of Appeals”) heard arguments in Hernandez v. Robles on Wed 5/31:

Chief Judge Judith S. Kaye said the court would have to decide the constitutional questions, ”whether we do it frontally or whether we do it in some more subversive way,” like changing language about gender.

To which Terence Kindlon, a lawyer for same-sex couples in Albany, replied, ”Subversive is one of the words I’ve liked all my life, your honor.”

[NYT 6/1oral arguments webcast]

same-sex marriage decisions

  • Newfoundland, Canada: lawsuit launched for same-sex marriage [365gay.com 11/5]
  • 2004-11-05: Saskatchewan legalized same-sex marriage, the 7th Canadian province to do so (British Columbia, Ontario, Quebec, Manitoba, Nova Scotia, and the Yukon Territory). Four of the plaintiff couples sought to get married in Saskatchewan and a fifth couple sought recognition of its British Columbian marriage. Oral arguments heard Wed, 11/3. [365gay.com 11/5]
  • 2004-11-04: Oral arguments before Judge Kramer, in the California Superior Court, where the City of San Francisco is challenging Prop. 22 (the “Knight” Initiative) on state Constitutional equal protection grounds. California AG Lockyer defended Prop 22 as did intervenor Alliance Defense Fund.
  • 2004-11-03: Every freakin’ anti-SSM amendment passed.
  • 2004-10-29 Friday: Germany expanded rights for same-sex couples, allowing registered DPs to adopt each other’s children. Germany retained restrictions on non-stepparent adoption. Germany also extended various marriage laws governing the dissolution of marriages to same-sex couples. [365gay.com 10/29]
  • 2004-10-27: Georgia said it won’t consider the validity of its opposite-sex-only marriage amendment until it’s been voted on. [nyt]
  • Louisiana said its recently-passed opposite-sex-only marriage amendment didn’t pass muster, because it had multiple purposes. (Amendments can have only one purpose.) Still looking for a copy of the decision …
  • 2004-Sept: Canadian provinces Manitoba and Nova Scotia ruled for same-sex marriage.
  • California Superior Court, 2004-Sept-8, ruling that California AB 205 did not violate Proposition 22. [decision posted at NCLR] Prop 22, the “Knight Initiative”, statutorily defined marrage in California as between a man and a woman. The court held that domestic partnerships are distinct from marriage.
  • California Supreme Court, 2004-Aug-12, ruling that San Francisco Mayor Gavin Newsom exceeded his authority in permitting city officials to marry same-sex couples, and holding the several thousand marriages legally void. [decision posted at NCLR]