The Mighty Pen » Same-sex marriage

Prop 8 Challenge 2010 or 2010?

Joe Mirabella — Thu, 13 Aug 2009 16:04:40 +0000

There is a schism in California between Equality California and the popular will of the people which is supported by the Courage Campaign. Equality California put out a big press release yesterday claiming the challenge to proposition 8 would not be until 2012. They claimed it would take that long to persuade 3% of California voters that equality is a good thing. Prop 8 only passed by a 2.5% margin in 2008. They also do not think they can raise enough money to make a go of it in 2010. Equality California was responsible for the highly criticized campaign that lost in 2008.

Enter Courage Campaign, an allied progressive grass roots campaign managed by Rick Jacobs. Their hundreds of thousands of supporters are pushing for a challenge to prop 8 in 2010. They are raising hundreds of thousands of dollars not only for California, but also for the fight in Maine to protect that state from a pending constitutional amendment supported by the same foes that sponsored prop 8. (In Maine support the No on 1 Campaign.) They polled their supporters several months ago and over 80% of the people were ready to roll for 2010.

Voter turn out is better during Presidential election years. The last prop 8 campaign cost each side approximately $40 Million, so fund raising is an issue. However, the GOP never misses an opportunity to turn gay bashing into votes as we can see in Iowa’s governor race right now. As progressives do we want to put California’s electoral votes on the line by placing a proposition on the ballot that is sure to motivate the teabaggers to turn out in droves? Is it fair to make people wait almost 4 years to restore their rights? Do we really want the same team that lost in 2008 to make any more important decisions on behalf of the LGBT community?

Or is Equality California right, the timing is just way off and we should just wait. After all same sex couples in California do enjoy a very strong domestic partnership program. A federal lawsuit challenging proposition 8 is working its way through the courts that could overturn the ban and open the door for all same sex couples to marry in all 50 states. $40 Million could go a long way in states that have no formal legal protection for same sex couples, such as the 30 other states that have constitutional amendments banning same sex marriage equality.

I’m afraid I have more questions than answers, but that seems to the common theme in the LGBT community right now. With so much at stake, no one wants to make a bad decision. But frankly, what do we have to lose that we haven’t already?

originally published on Current.com

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Wisconsin’s domestic partnerships under attack

Joe Mirabella — Tue, 04 Aug 2009 17:43:03 +0000

Wisconsin started registering domestic partnerships yesterday. Wisconsin passed a constitutional amendment defining marriage as between a man and a woman, so domestic partnerships are the closest to marriage same-sex couples can expect to get until the ban is overturned by the voters, or more likely the Federal Supreme Court. Domestic partnerships were the consolation prize for gays and lesbians in states that have over zealous right wing activists who will jump at the opportunity to prevent gays and lesbians from having full marriage equality. It was the “sanctity of marriage” argument that won them 30 state constitutional amendments banning same sex marriage. Some in the gay community thought domestic partnerships were a safe alternative with the philosophy, “if it is the word that bothers them, let’s call it something else.”

It is not the word “marriage” that bothers them, it is gay people that bother them. They would prefer our families to be completely isolated from society — completely separate. They do not want to share ANYTHING with us. In Wisconsin the fundamentalists immediately filed suit against the state, claiming domestic partnerships are “close enough to marriage” to violate the constitutional amendment defining marriage as between one man and one woman. Ultimately the court will decide whether domestic partnerships are marriage or not. The court will determine if the thousands of families that register prior to the decision will get to keep their domestic partnerships or whether they will be invalidated. If they lose at court, the fundamentalists will likely go back to the voters to change the amendment to prevent domestic partnerships. They won’t rest until all references to us in the law are gone, until we can’t visit our partners in the hospital, until we can’t leave our property to the people we choose, until we are illegal just for being who we are so they can lock us up.

They won’t rest and they will find every opportunity to attack us. This morning I received an e-mail that AAA (American Automobile Association) finally recognizes same sex relationships for their family plans. I thought it was AAA that sent the message because I’m a member, so I was feeling pretty good about it. I was planning to call them at lunch to add my partner. But no, it was from the American “Family” Association:

The American Automobile Association (AAA) has begun offering “Family Memberships” to homosexual couples, recognizing the homosexual couple as being “married,” according to a homosexual activist organization in Florida.

Thirty states have overwhelmingly voted to define marriage as being between one man and one woman. Yet AAA is treating homosexual couples as if they are married.

The homosexual couples need only state that they are married to receive the family benefit. In the eyes of AAA two homosexuals living together constitute “marriage” and make a “family.” All they have to do to get the “family membership” benefits is to say “we are gay and married.”

They called on their followers to whine about this as much as possible. They hope to reverse AAA South’s decision to include all families in their policy, even though AAA is a private club with private memberships. But I’m not surprised, the AFA would prefer to jail us.

If we allow extremists like the AFA and others to take away rights from one group of people, they will ultimately go after everyone’s rights. They would like to rule this country with a theocratic hand similar to the Taliban. They will lie, cheat, and do anything possible to get their way. Fair minded Americans, hear my warning now. Stop these people. You must help us protect ourselves so we can protect each other from their heavy handed extremist point of view.

Yes, business by business, state by state, our civil rights movement moves on as we defend ourselves. In Washington approve referndum 71 to preserve domestic partnerships. In Maine vote no on No. 1 to protect marriage equality. In Iowa elect fair minded representatives and do not change your constitution. In California, overturn proposition 8 and return to marriage equality. In Washington DC join us for the National Equality March October 10 – 11, because we will only achieve fully equality by winning at the Federal level.

I am hopeful when I think about our neighbors to the north in Canada. They enjoy marriage equality at the federal level and have for several years. The debate is largely over for them. Their religious foes have moved on, because as we can all see the sky has not fallen. The end of the world is not here. Heterosexual marriages are not suffering. Children are still children and they are happy to be happy. Our foes realize this, but they will continue to lie and scapegoat, and cheat and attack because this is their way. This is their last stand. Once they lose Federally they will lose for good, because our country will know that their lies are evil and hate filled. We will learn our lesson. We will learn like we have so many times before when civil rights are denied from one group of people. We will learn like when we ended slavery. We will learn like when women became voters. We will learn like when we ended segregation. We will learn like when we elected our first black president. We will learn that no one group is more superior to another, and the government — the people have no right to create artifical separations. Yes we will learn. We will grow, and we shall overcome.

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Video of R71 petiton gatherer and his lies

Joe Mirabella — Sat, 25 Jul 2009 05:35:51 +0000

Referendum 71 has absolutely nothing to do with same-sex marriage equality. This man is blatantly lying about his intentions.

More at Joshalot

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We count: LGBT Americans and the 2010 Census

Joe Mirabella — Mon, 22 Jun 2009 23:02:45 +0000

The AP reported on Sunday:

Married same-sex couples will be counted as such in 2010, Census Bureau official said, reversing a decision of the Bush administration.

The US Census is a Constitutional requirement and is vitally important to our Republic. During the 2000 Census there were not any states that allowed same-sex marriage equality. Now there are five, but many of us resigned ourselves to go uncounted in 2010 because Bush instructed the Census to change data if we identified ourselves as married. Hopes that Obama might correct this problem were initially squashed by reports that the Census Bureau was left so miserably underfunded by Bush that it would be a miracle if the Census occurred at all, and if did it was too late to change anything for 2010. To be left out of the census was not only damaging to our community, but it was un-American. An Editorial from the New York Times accurately pointed out:

The census is vital to democracy — and to American citizens. It is used to decide the number of representatives from each state, draw Congressional districts and allocate federal aid. It and other bureau surveys also supply the underlying data for an array of government statistics on education, crime, health and the economy.

Many thought DOMA was going to give Obama an out to amending this injustice, but the White House announced Friday that its interpretation of the act did not prohibit them from gathering the information.

This news came one short week after the controversial Department of Justice brief that defended DOMA and sent gays and lesbians and their allies into a tail spin of anger, and loss of hope that Obama was going to be the “fierce advocate” he promised us he would be. Thousands of flash activists responded with twitter messages @barackobama and @whitehouse. They also expressed their anger and disappointment on Facebook and blogs. Financial contributions to the Democratic National Committee were withdrawn until legislative action on DOMA or DADT was produced.

The response was so pointed that it prompted President Obama to sign a memorandum granting some Federal benefits to some Federal employees. Weakened by DOMA laws, the memorandum lacked same-sex spousal health care and retirement benefits. Furthermore, military personal will not have access to the expanded benefits because Don’t Ask Don’t Tell prevents them from identifying their sexual orientation without facing discharge. Obama’s attempted olive branch back fired and fueled even more criticism from the LGBT community. The gesture was immediately dismissed by myself and others as a weak attempt to placate the LGBT community. We justifiably demanded lasting action through a bill to repeal DOMA and Don’t Ask Don’t Tell.

With that said, we should not diminish the importance of the change in Census policy. It is yet another indication that Obama is trying to reach out to the LGBT community, and it is an important one. Some writers who I have a lot of respect for dismissed the 2010 Census revision as yet another “crumb.” Michelangelo Signorile wrote:

What we need now is real action. Not these crumbs, whether it be the census inclusion or some benefits for federal employees. We need something big, and until then, the DNC fundraisers should continue to be threatened, and nobody among the gay leadership should be partying with this president.

We should not be so dismissive of this very vital change in public policy. The Census is not a crumb. Without this change, 10 or more years would go by before our marriages would be counted. Invisibility is our biggest enemy. I learned that from Signorile himself when I read his book Outing Yourself as a young man yearning for help with my own coming out process.

To be clear, I do agree with Signorile and others who called for a boycott of the Democratic National Committee fundraisers until either DOMA or Don’t Ask Don’t Tell are repealed. Instead of blanket donations to a party that delivers questionable results to our community, we should focus our funds on candidates with a proven track record on equality. We should use our money as a powerful vote, whether it is an election year or not. We can make that point while still celebrating the change in Census policy.

Before the DOJ brief firestorm Jared Polis of Colorado along with 48 other congressional members sent a letter to Office of Management and Budget director Peter Orszag asking that the 2010 Census count same-sex married couples. The Advocate reported the contents of the letter, “We are deeply concerned about the implications of this policy for same-sex couples and for the integrity of the Census as a whole and firmly believe the [Census] Bureau’s primary objective should be to collect data and report it, not collect data and alter it.” This letter was sent well before the DOJ briefing was released.

Unfortunately the Census will only collect data about same sex couples that consider themselves married. We still need accurate data on how many people identify as gay, lesbian, bisexual, or transgendered. The Census would be an excellent resource to gather that information. Since the Census is willing to amend the 2010 questionnaire to include same-sex marriages, they should move forward with plant to include questions about sexual orientation. After all, the majority of LGBT citizens live in states that do not recognize our equality, so it will be difficult to count those of us who still can not marry or choose not to.

Unfortunately it is not very likely additional data about the LGBT community will be collected in 2010. According to the National Center for Transger Equality, the questions were solidfied two years ago. The change to count same-sex married couples is far less complicated than adding additional questions. The questions that exist on the Census as it stands will gather the necessary information to count same-sex marriages without adding addtional questions. The change was merely a policy change to recognize the answers provided by same-sex couples as they were reported rather than augment those answers to reflect a certain political ideology that chose to deny reality. Check out this pdf for more info.

While we should remain persistent about our goals for lasting legislative reform through the repeal of DOMA and Don’t ask Don’t Tell, we should also recognize the important change that the new Census policy represents. We must pressure the administration and our representatives to expand the questionnaire for future Censuses so that all of us can be counted. Once we remove the invisibility vail the country should see us for who we are — a powerful and vociferous demographic throughout the country who should not be discounted.

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Equality is now. Demand it!

Joe Mirabella — Wed, 17 Jun 2009 17:36:41 +0000

This post was written for Jointheimpact.com

UPDATE 3:34 PM PST: The President signed a more lasting executive order and renewed his commitment to over turn DOMA. Our voices are making an impact. Keep it up. For up to the minute blogging of the signing ceremony visit the Law Dork 2.0.

UPDATE: A White House Press Release about the memorandum is here http://www.whitehouse.gov/the_press_office/Fact-Sheet-Presidential-Memorandum-on-Federal-Benefits-and-Non-Discrimination/

The President announced plans to sign a memorandum to grant Federal Employees in Same-Sex relationships access to some domestic partnership rights. This announcement came on the heals of last week’s release of the Department of Justice memo comparing same-sex relationships to incestuous and pedophile relationships among other outrageous and highly injurious claims. The 50 page brief was a stab in the back and the President is quickly trying to recover from it. However, instead of introducing meaningful and lasting legislation that will impact the entire country, the President’s memorandum is weak and temporary. When he leaves office the memorandum will lapse leaving those protected by this symbolic measure with nothing but a legal and fiduciary mess.

And let’s not forget, domestic partnership benefits like health care are taxed unfairly. Same-sex couples must claim benefits like health care as income. Opposite sex couples do not. Domestic partnerships are just one more glaring example that separate is never equal. But this may be a moot point since the President is likely to stop short of offering health care because of DOMA.

Some have suggested we should applaud the move. Chris Geidner from Law Dork, 2.0 wrote:

Yes, we want and deserve more, much more — including all those campaign promises the President Obama gave to us. But, in the midst of the turmoil of all the legal debacles of the past week — and regardless of why Obama chose to take this action now — let’s stop and be strategic for a minute to realize how we can harness the power of this memorandum to move forward the causes of repealing Don’t Ask, Don’t Tell and DOMA and passing ENDA. In each case, this can be used to advance those missions:

As John Aravosis pointed out, Don’t Ask, Don’t Tell would keep military service members from accepting the benefits — even if they are eligible under the memorandum. The obvious unfairness of that can be used to urge Congress to take quick action.

As for DOMA, the reality of a quarter-million folks in D.C. being eligible for benefits tomorrow that they weren’t today will be a powerful everyday sign of the need for a less anachronistic federal policy on marriage equality. This action is living proof of how wrong the DOJ brief filed in Smelt v. United States truly is.

ENDA becomes a common-sense step under the same logic as above. If the federal government is granting its lesbian and gay employees partner benefits, it seems obvious that an employer should never be able to fire an LGBT employee based on that fact alone.

Geidner made some very excellent points, but this memorandum must be leveraged at the grass roots level. Last Friday when the DOJ memo was released it unleashed a firestorm of criticism from bloggers like David Badash, Andrew Sullivan, and others. Editorial boards like the New York Times decried the memo as “a bad call.” But most importantly citizens throughout this country said, “No!” Twitter and Facebook were alive with messages to @barackobama and @whitehouse protesting the memo and its insulting language. The President clearly heard our message, but he did not go far enough.

We must not be placated by this disingenuous move. The HRC and others were very clear, and very correct to demand the President to introduce legislation now to repeal DOMA, to repeal Don’t Ask Don’t Tell, and to protect all gay, lesbian, transgendered and bisexual citizens in their employment through the Employment Non Discrimination Act (ENDA).

The administration told the Advocate there is not enough votes to pass ENDA or even the very symbolic and highly over due hate crimes legislation. Politicians have not heard us. We must be relentless. We must be unforgettable. We must be loud and clear that their jobs are on the line. Simply, if the Democrats do not start taking action and supporting the people that funded their campaigns, that volunteered their time, that gave them their vote, they are going to lose us and likely their jobs. We are the swing vote. We have enormous power.

Let’s unleash a firestorm on the switchboards of congress today, tomorrow, and every day. (202)224-3121 Let’s follow up our calls with hand written letters. Let’s follow up those letters with visits to their offices. Let’s follow up those visits with a march on Washington in October. Let’s learn from civil rights movements of the past and participate in acts of civil disobedience. Dan Savage from the Stranger proposed one possible idea at the link.*

Friends, if we do no not seize this brief moment in history before the next Presidential election cycle begins in 2010, you can bet our issues will be ignored by anyone who has the power to make the change they were so proud to represent in 2008.

Now is your time. Now is your moment. Equality is now. Demand it!

*(Note: Please consult an attorney before engaging in any acts of civil disobedience that could result in arrest.)

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