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"disqusTitle": "In San Francisco Softball League, Gay and Straight Athletes Mixing On and Off Field",
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"content": "\u003cfigure id=\"attachment_95188\" class=\"wp-caption aligncenter\" style=\"max-width: 542px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/04/RenegadesTeamPhoto1.jpg\">\u003cimg class=\"size-full wp-image-95188\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/04/RenegadesTeamPhoto1.jpg\" alt=\"The Renegades team of the San Francisco Gay Softball League\" width=\"542\" height=\"394\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Renegades team of the San Francisco Gay Softball League\u003c/figcaption>\u003c/figure>\n\u003cp>Some years back, at the \u003ca href=\"http://www.nagaaasoftball.org/WorldSeries.aspx\" target=\"_blank\">Gay Softball World Series\u003c/a>, my San Francisco league team decided to exercise its penchant for kitschiness by scheduling a group dinner at the local Hooters. I think the team was also trying to throw a bone to us straight players -- a serious misconception, but you have to appreciate the gesture.\u003c/p>\n\u003cp>Anyway, the waitress was quite amused at the concept of a gay softball team, thought it was just the funniest thing. So I challenged her to pick out the non-gay among us. She looked each and every one of us up and down, checking for telltale I don't know what -- receipts to Lady Gaga albums? She managed to correctly point out our hetero second baseman. But she had a harder time with No. 2, No. 2 being me, and finally opted for our big, sure-handed but quite gay first sacker.\u003c/p>\n\u003cp>“Nope,” I said. “It’s me.”\u003c/p>\n\u003cp>What came next caused a minor identity crisis. “Really?\" she said, crinkling up her nose. \u003cem>You\u003c/em>?\"\u003c/p>\n\u003cp>And so it goes in the world of gay softball, where traditional stereotypes about sexual orientation and its preconceptions survive about as long as a soft line drive to the pitcher. \u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>I've been thinking of this incident because of the recent buzz over the possibility of an active professional gay athlete imminently declaring his sexuality (see \u003ca href=\"http://www.nytimes.com/2013/04/12/sports/hockey/nhl-announces-initiative-in-support-of-gay-athletes.html?pagewanted=all\" target=\"_blank\">here\u003c/a>, \u003ca href=\"http://www.bizjournals.com/portland/blog/threads_and_laces/2013/04/nike-has-a-proposal-for-gay-athletes.html\" target=\"_blank\">here\u003c/a> and \u003ca href=\"http://onmilwaukee.com/sports/articles/maleathletecomingout.html?33426\" target=\"_blank\">here\u003c/a>). The speculation started a couple of weeks ago, with an announcement by former Baltimore Ravens linebacker Brendon Ayanbadejo, an \u003ca href=\"http://www.huffingtonpost.com/2013/02/06/brendon-ayanbadejo-gay-rights-usa-today_n_2631729.html\" target=\"_blank\">outspoken supporter of gay rights\u003c/a>, that up to four gay NFL players might come out. \"They're trying to be organized so they can come out on the same day together,\" he said. \"It would be a monumental day if a handful or a few guys come out.\"\u003c/p>\n\u003caside class=\"pullquote alignleft\">\"Playing gay softball helped me accept my lifestyle a lot more, because I saw I wasn’t the only guy out there who was gay and was athletic.\"\u003c/aside>\n\u003cp>Indeed it would. Though Ayanbadejo later \u003ca href=\"http://profootballtalk.nbcsports.com/2013/04/07/ayanbadejo-now-says-four-gay-players-arent-considering-coming-out/\" target=\"_blank\">backed away a bit from his assertion\u003c/a>, the introduction of the very idea of actual current top athletes who are gay, as opposed to the extremely logical speculation that yes, of course some are, has created a certain excitement, and perhaps even washes away some of the ignorance that continues to ooze out even in this \"\u003ca href=\"http://www.itgetsbetter.org/\" target=\"_blank\">It Gets Better\u003c/a>\" age. You'll recall 49ers cornerback \u003ca href=\"http://ww2.kqed.org/news/2013/02/04/chris-culliver-and-homophobia-in-sports-a-discussion/\" target=\"_blank\">Chris Culliver's pre-Super Bowl comments\u003c/a> in January, when asked if he'd ever been approached by gay teammates: \"No, we don't got no gay people on the team,\" he said. \"They gotta get up out of here if they do. ... Nah, can't be in the locker room.\"\u003c/p>\n\u003cp>That comment was more about out-and-out disdain than an assessment of gay athletes' abilities (Culliver later apologized), but I myself have had a number of otherwise open-minded straight friends over the years make directly for the jokes when informed that I play in a gay league. And I should also say that their ignorance at one time mirrored my own. Since I had played baseball in high school, a friend's invitation to join his team in the \u003ca href=\"http://sfgsl.org/\" target=\"_blank\">San Francisco Gay Softball League\u003c/a> immediately prompted the notion that I was going to dominate, since surely everyone threw like a girl. Several years and a couple of benchings later, of that notion I had been disabused.\u003c/p>\n\u003cp>\u003cstrong>The SFGSL: 41 years and counting\u003c/strong>\u003c/p>\n\u003cp>The league, in which former gay major leaguer \u003ca href=\"http://ww2.kqed.org/news/2010/11/10/premiere-tonight-the-glenn-burke-story/\" target=\"_blank\">Glenn Burke\u003c/a> once played, has been a haven for gay athletes for 41 years. But it's so welcoming of straight players that it got into hot water a few years back when a top World Series squad was disqualified for having too many heterosexuals on the roster. (That became the subject of a \u003ca href=\"http://www.sfgate.com/bayarea/article/Not-gay-enough-softball-players-settle-suit-2297778.php\" target=\"_blank\">lawsuit\u003c/a>.) Teams, including those in two women's divisions, are grouped by skill level, and the upper divisions are extremely competitive. Many of my teammates have played for decades, and lots of them are softball junkies, participating in multiple leagues, hustling off to weekend tournaments. More than one player has told me they've had a relationship go down the drain due to their preoccupation with the game.\u003c/p>\n\u003caside class=\"pullquote alignleft\">I’m sitting here on my couch and two of the guys are sitting on the couch with me, and I just freaked -- oh my God, this is the first time ... I'd hung out with straight guys by myself.\"\u003c/aside>\n\u003cp>I really had no idea. This was more than an athletic league. It was an entire subculture. A few years back, I interviewed one teammate, a five-tool outfielder with tremendous opposite field power, about what gay softball meant to him.\u003c/p>\n\u003cp>“For a long time I didn’t know anyone who was gay and who played sports,” he said. “I had my gay friends I’d go out with and my straight friends I’d play sports with. It was hard because a lot of gay guys said by playing sports I was trying to be straight. But when a friend told me about gay softball, I went to a game and it was like, 'Oh my goodness, all these guys play softball?' It was a whole different world. Playing gay softball helped me accept my lifestyle a lot more, because I saw I wasn’t the only guy out there who was gay and was athletic, and that’s how I had been feeling.”\u003c/p>\n\u003cp>There's actually a whole network of gay sports leagues in the city. Softball, tennis, \u003ca href=\"http://www.sftsunami.org/Home.aspx\" target=\"_blank\">swimming\u003c/a> (even \u003ca href=\"http://www.sftsunami.org/Synchro/Schedule.aspx\" target=\"_blank\">synchronized swimming\u003c/a>). My friend Mike from the SFGSL has been playing in some of these for years, and he's coached in both gay and non-gay leagues. When I asked him what it was like for him to play in a \"straight league,\" he took me to task.\u003c/p>\n\u003cp>\"I actually don't understand the labeling of gay, lesbian, straight to describe an athlete,\" he said. \"What does sexual orientation have to do with it? I feel when labels are being used it's due to insecurities, by either gays or straights.\"\u003c/p>\n\u003cp>\u003cstrong>Gay team, straight players\u003c/strong>\u003c/p>\n\u003cp>One team in the SFGSL, the \u003ca href=\"http://www.thesfrenegades.com/The_SF_Renegades/Home.html\" target=\"_blank\">San Francisco Renegades\u003c/a>, actually has just four gay players; the other 11 are straight. John Steen, the team's pitcher, said he had concerns at first when he learned of that ratio, but was so inspired by the bonding that's developed between team members of different sexual orientations that he decided to make a \u003ca href=\"http://www.indiegogo.com/projects/the-renegades-what-team-are-you-on/x/835504\" target=\"_blank\">documentary\u003c/a> about the experience. The film will focus on the relationship between gay and straight men on and off the field.\u003cbr>\n\u003ciframe src=\"http://player.vimeo.com/video/64459242?color=f00010\" frameborder=\"0\" width=\"500\" height=\"281\">\u003c/iframe>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\"I [asked] a bunch of friends before I had the idea,\" Steen said, \"do you have any straight male friends that you get together with and go have a drink with? And none of them did. And I’d never had that myself.\"\u003c/p>\n\u003cp>Steen said the friendships he's developed with his straight teammates grew slowly, beginning with a team brunch. \"We had a great time and after ... I kind of wanted to ask them if they wanted to watch the Giants game. But I was too afraid to do that. So I texted one of them, and four of them came over. So I’m sitting here on my couch and two of the guys are sitting on the couch with me, and I just freaked -- oh my God, this is the first time ... I'd hung out with straight guys by myself.\u003c/p>\n\u003cp>\"I asked one of the straight guys on the team if he wanted to go to the Giants game with me on Tuesday, because it’s my birthday,\" Steen said. \"And I thought, 'Oh my God, a straight guy to hang out with on my birthday.' Stuff like that is happening organically.\"\u003c/p>\n\u003cp>Steen said there are still gay players in the league who believe in the \"70-30\" rule, which means 70 percent of the team must be gay or bisexual, a regulation that is enforced at the Gay Softball World Series. But he said he has not been able to find anyone who will say so on camera for his documentary.\u003c/p>\n\u003cp>\u003cstrong>\"Are they going to be too aggressive?\"\u003c/strong>\u003c/p>\n\u003cp>My teammate Tony Robbins is a former league official who has been playing for about 10 years. He says he was wary at first when a handful of us straight guys signed on to the squad.\u003c/p>\n\u003cp>\"I thought, 'Oh f***, this is gonna be nasty,' \" he said. \"It started out kind of bouncy at first. ... The warmup period takes a little while. Maybe gay guys are thinking: 'Are they going to be too aggressive?' [But] I’ve only had one encounter where a straight player got way too aggressive. He just jumped on the umpire, which is a total no-no in our league.”\u003c/p>\n\u003cp>That's actually one of the reasons I like playing in the SFGSL. There's a big emphasis on sportsmanship, and if your testosterone happens to get the best of you in terms of your behavior, then that's going to be a problem. I've played in a lot of non-gay leagues where the ultra-competitive attitude borders on the rabid. I mean, I like to win, too, yet I have never felt the need or even the compulsion to trash-talk opponents when there are metal bats in proximity. There's very little if any of that in the SFGSL; at the end of each game, in fact, teams are required to shake hands and thank their opponents with a cheer.\u003c/p>\n\u003caside class=\"pullquote alignleft\">My hope is someone will come out and everybody will go ... 'So? Can you play?' \" \u003c/aside>\n\u003cp>But that doesn't mean that the competition isn't fierce. Here's a 2010 \u003ca href=\"http://www.outsports.com/2010/7/18/4050136/a-straight-guy-loves-his-gay-softball-team\" target=\"_blank\">post\u003c/a> from a straight player who played in Boston's gay league. He writes, \"(T)he better teams in the gay league would absolutely wipe the floor with the straight teams I’ve played on and against.\" That has been my experience in San Francisco's league as well.\u003c/p>\n\u003cp>\"There's a perception that all gays are not as good as straights,\" one gay player told me. \"That's not true. There are some straight players I've played with who would not make some of the gay teams I've been on.\"\u003c/p>\n\u003cp>Mike, who has moved comfortably between gay and non-gay leagues, said he's found that even gay players automatically assume straight players have more ability. \"When gay athletes do that, then they're just reinforcing what straight, insecure athletes think of gay athletes -- which is they're a lesser player,\" he said.\u003c/p>\n\u003cp>Still, said John Steen, a lot of gay men have had bad experiences with athletics, and the wounds can run deep. He recounted the time when he'd first joined the SFGSL and his team decided to also play in San Francisco's city league. \"Which was all straight,\" he said. \"And we got demolished every game. A lot of guys on our team had a real hard time being beaten by straight guys like that. I feel like that’s internalized homophobia. A lot of gay guys growing up had a lot of issues with sports. ... This generation is sort of different, though. A lot more are coming out earlier and a lot are quite athletic.\"\u003c/p>\n\u003cp>\u003cstrong>Awaiting a pro \u003c/strong>\u003c/p>\n\u003cp>As to the long-awaited announcement by a gay active NFL or MLB player, Mike said he isn't waiting with bated breath. \"Absolutely not a big deal,\" he said. \"I idolize athletes for their body of work and not their personal life.\"\u003c/p>\n\u003cp>Both John Steen and Tony Robbins disagreed. \"I do think it would be a very big deal if that happened,\" said Steen.\u003c/p>\n\u003cp>Robbins said a pro coming out would be important for younger gay men. \"There are younger gays out there who are looking up to these sports players, saying, 'Hey look, they’re playing with all these guys, so I can play this game, too.' They can look at it as, 'I have a chance, I don’t have to be blacklisted because I’m gay.'\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\"My hope is someone will come out and everybody will go ... 'So? Can you play?' This is a professional sport, I’m looking at qualities of what you can do on the field, not who you’re sleeping with.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_95188\" class=\"wp-caption aligncenter\" style=\"max-width: 542px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/04/RenegadesTeamPhoto1.jpg\">\u003cimg class=\"size-full wp-image-95188\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/04/RenegadesTeamPhoto1.jpg\" alt=\"The Renegades team of the San Francisco Gay Softball League\" width=\"542\" height=\"394\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Renegades team of the San Francisco Gay Softball League\u003c/figcaption>\u003c/figure>\n\u003cp>Some years back, at the \u003ca href=\"http://www.nagaaasoftball.org/WorldSeries.aspx\" target=\"_blank\">Gay Softball World Series\u003c/a>, my San Francisco league team decided to exercise its penchant for kitschiness by scheduling a group dinner at the local Hooters. I think the team was also trying to throw a bone to us straight players -- a serious misconception, but you have to appreciate the gesture.\u003c/p>\n\u003cp>Anyway, the waitress was quite amused at the concept of a gay softball team, thought it was just the funniest thing. So I challenged her to pick out the non-gay among us. She looked each and every one of us up and down, checking for telltale I don't know what -- receipts to Lady Gaga albums? She managed to correctly point out our hetero second baseman. But she had a harder time with No. 2, No. 2 being me, and finally opted for our big, sure-handed but quite gay first sacker.\u003c/p>\n\u003cp>“Nope,” I said. “It’s me.”\u003c/p>\n\u003cp>What came next caused a minor identity crisis. “Really?\" she said, crinkling up her nose. \u003cem>You\u003c/em>?\"\u003c/p>\n\u003cp>And so it goes in the world of gay softball, where traditional stereotypes about sexual orientation and its preconceptions survive about as long as a soft line drive to the pitcher. \u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>I've been thinking of this incident because of the recent buzz over the possibility of an active professional gay athlete imminently declaring his sexuality (see \u003ca href=\"http://www.nytimes.com/2013/04/12/sports/hockey/nhl-announces-initiative-in-support-of-gay-athletes.html?pagewanted=all\" target=\"_blank\">here\u003c/a>, \u003ca href=\"http://www.bizjournals.com/portland/blog/threads_and_laces/2013/04/nike-has-a-proposal-for-gay-athletes.html\" target=\"_blank\">here\u003c/a> and \u003ca href=\"http://onmilwaukee.com/sports/articles/maleathletecomingout.html?33426\" target=\"_blank\">here\u003c/a>). The speculation started a couple of weeks ago, with an announcement by former Baltimore Ravens linebacker Brendon Ayanbadejo, an \u003ca href=\"http://www.huffingtonpost.com/2013/02/06/brendon-ayanbadejo-gay-rights-usa-today_n_2631729.html\" target=\"_blank\">outspoken supporter of gay rights\u003c/a>, that up to four gay NFL players might come out. \"They're trying to be organized so they can come out on the same day together,\" he said. \"It would be a monumental day if a handful or a few guys come out.\"\u003c/p>\n\u003caside class=\"pullquote alignleft\">\"Playing gay softball helped me accept my lifestyle a lot more, because I saw I wasn’t the only guy out there who was gay and was athletic.\"\u003c/aside>\n\u003cp>Indeed it would. Though Ayanbadejo later \u003ca href=\"http://profootballtalk.nbcsports.com/2013/04/07/ayanbadejo-now-says-four-gay-players-arent-considering-coming-out/\" target=\"_blank\">backed away a bit from his assertion\u003c/a>, the introduction of the very idea of actual current top athletes who are gay, as opposed to the extremely logical speculation that yes, of course some are, has created a certain excitement, and perhaps even washes away some of the ignorance that continues to ooze out even in this \"\u003ca href=\"http://www.itgetsbetter.org/\" target=\"_blank\">It Gets Better\u003c/a>\" age. You'll recall 49ers cornerback \u003ca href=\"http://ww2.kqed.org/news/2013/02/04/chris-culliver-and-homophobia-in-sports-a-discussion/\" target=\"_blank\">Chris Culliver's pre-Super Bowl comments\u003c/a> in January, when asked if he'd ever been approached by gay teammates: \"No, we don't got no gay people on the team,\" he said. \"They gotta get up out of here if they do. ... Nah, can't be in the locker room.\"\u003c/p>\n\u003cp>That comment was more about out-and-out disdain than an assessment of gay athletes' abilities (Culliver later apologized), but I myself have had a number of otherwise open-minded straight friends over the years make directly for the jokes when informed that I play in a gay league. And I should also say that their ignorance at one time mirrored my own. Since I had played baseball in high school, a friend's invitation to join his team in the \u003ca href=\"http://sfgsl.org/\" target=\"_blank\">San Francisco Gay Softball League\u003c/a> immediately prompted the notion that I was going to dominate, since surely everyone threw like a girl. Several years and a couple of benchings later, of that notion I had been disabused.\u003c/p>\n\u003cp>\u003cstrong>The SFGSL: 41 years and counting\u003c/strong>\u003c/p>\n\u003cp>The league, in which former gay major leaguer \u003ca href=\"http://ww2.kqed.org/news/2010/11/10/premiere-tonight-the-glenn-burke-story/\" target=\"_blank\">Glenn Burke\u003c/a> once played, has been a haven for gay athletes for 41 years. But it's so welcoming of straight players that it got into hot water a few years back when a top World Series squad was disqualified for having too many heterosexuals on the roster. (That became the subject of a \u003ca href=\"http://www.sfgate.com/bayarea/article/Not-gay-enough-softball-players-settle-suit-2297778.php\" target=\"_blank\">lawsuit\u003c/a>.) Teams, including those in two women's divisions, are grouped by skill level, and the upper divisions are extremely competitive. Many of my teammates have played for decades, and lots of them are softball junkies, participating in multiple leagues, hustling off to weekend tournaments. More than one player has told me they've had a relationship go down the drain due to their preoccupation with the game.\u003c/p>\n\u003caside class=\"pullquote alignleft\">I’m sitting here on my couch and two of the guys are sitting on the couch with me, and I just freaked -- oh my God, this is the first time ... I'd hung out with straight guys by myself.\"\u003c/aside>\n\u003cp>I really had no idea. This was more than an athletic league. It was an entire subculture. A few years back, I interviewed one teammate, a five-tool outfielder with tremendous opposite field power, about what gay softball meant to him.\u003c/p>\n\u003cp>“For a long time I didn’t know anyone who was gay and who played sports,” he said. “I had my gay friends I’d go out with and my straight friends I’d play sports with. It was hard because a lot of gay guys said by playing sports I was trying to be straight. But when a friend told me about gay softball, I went to a game and it was like, 'Oh my goodness, all these guys play softball?' It was a whole different world. Playing gay softball helped me accept my lifestyle a lot more, because I saw I wasn’t the only guy out there who was gay and was athletic, and that’s how I had been feeling.”\u003c/p>\n\u003cp>There's actually a whole network of gay sports leagues in the city. Softball, tennis, \u003ca href=\"http://www.sftsunami.org/Home.aspx\" target=\"_blank\">swimming\u003c/a> (even \u003ca href=\"http://www.sftsunami.org/Synchro/Schedule.aspx\" target=\"_blank\">synchronized swimming\u003c/a>). My friend Mike from the SFGSL has been playing in some of these for years, and he's coached in both gay and non-gay leagues. When I asked him what it was like for him to play in a \"straight league,\" he took me to task.\u003c/p>\n\u003cp>\"I actually don't understand the labeling of gay, lesbian, straight to describe an athlete,\" he said. \"What does sexual orientation have to do with it? I feel when labels are being used it's due to insecurities, by either gays or straights.\"\u003c/p>\n\u003cp>\u003cstrong>Gay team, straight players\u003c/strong>\u003c/p>\n\u003cp>One team in the SFGSL, the \u003ca href=\"http://www.thesfrenegades.com/The_SF_Renegades/Home.html\" target=\"_blank\">San Francisco Renegades\u003c/a>, actually has just four gay players; the other 11 are straight. John Steen, the team's pitcher, said he had concerns at first when he learned of that ratio, but was so inspired by the bonding that's developed between team members of different sexual orientations that he decided to make a \u003ca href=\"http://www.indiegogo.com/projects/the-renegades-what-team-are-you-on/x/835504\" target=\"_blank\">documentary\u003c/a> about the experience. The film will focus on the relationship between gay and straight men on and off the field.\u003cbr>\n\u003ciframe src=\"http://player.vimeo.com/video/64459242?color=f00010\" frameborder=\"0\" width=\"500\" height=\"281\">\u003c/iframe>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\"I [asked] a bunch of friends before I had the idea,\" Steen said, \"do you have any straight male friends that you get together with and go have a drink with? And none of them did. And I’d never had that myself.\"\u003c/p>\n\u003cp>Steen said the friendships he's developed with his straight teammates grew slowly, beginning with a team brunch. \"We had a great time and after ... I kind of wanted to ask them if they wanted to watch the Giants game. But I was too afraid to do that. So I texted one of them, and four of them came over. So I’m sitting here on my couch and two of the guys are sitting on the couch with me, and I just freaked -- oh my God, this is the first time ... I'd hung out with straight guys by myself.\u003c/p>\n\u003cp>\"I asked one of the straight guys on the team if he wanted to go to the Giants game with me on Tuesday, because it’s my birthday,\" Steen said. \"And I thought, 'Oh my God, a straight guy to hang out with on my birthday.' Stuff like that is happening organically.\"\u003c/p>\n\u003cp>Steen said there are still gay players in the league who believe in the \"70-30\" rule, which means 70 percent of the team must be gay or bisexual, a regulation that is enforced at the Gay Softball World Series. But he said he has not been able to find anyone who will say so on camera for his documentary.\u003c/p>\n\u003cp>\u003cstrong>\"Are they going to be too aggressive?\"\u003c/strong>\u003c/p>\n\u003cp>My teammate Tony Robbins is a former league official who has been playing for about 10 years. He says he was wary at first when a handful of us straight guys signed on to the squad.\u003c/p>\n\u003cp>\"I thought, 'Oh f***, this is gonna be nasty,' \" he said. \"It started out kind of bouncy at first. ... The warmup period takes a little while. Maybe gay guys are thinking: 'Are they going to be too aggressive?' [But] I’ve only had one encounter where a straight player got way too aggressive. He just jumped on the umpire, which is a total no-no in our league.”\u003c/p>\n\u003cp>That's actually one of the reasons I like playing in the SFGSL. There's a big emphasis on sportsmanship, and if your testosterone happens to get the best of you in terms of your behavior, then that's going to be a problem. I've played in a lot of non-gay leagues where the ultra-competitive attitude borders on the rabid. I mean, I like to win, too, yet I have never felt the need or even the compulsion to trash-talk opponents when there are metal bats in proximity. There's very little if any of that in the SFGSL; at the end of each game, in fact, teams are required to shake hands and thank their opponents with a cheer.\u003c/p>\n\u003caside class=\"pullquote alignleft\">My hope is someone will come out and everybody will go ... 'So? Can you play?' \" \u003c/aside>\n\u003cp>But that doesn't mean that the competition isn't fierce. Here's a 2010 \u003ca href=\"http://www.outsports.com/2010/7/18/4050136/a-straight-guy-loves-his-gay-softball-team\" target=\"_blank\">post\u003c/a> from a straight player who played in Boston's gay league. He writes, \"(T)he better teams in the gay league would absolutely wipe the floor with the straight teams I’ve played on and against.\" That has been my experience in San Francisco's league as well.\u003c/p>\n\u003cp>\"There's a perception that all gays are not as good as straights,\" one gay player told me. \"That's not true. There are some straight players I've played with who would not make some of the gay teams I've been on.\"\u003c/p>\n\u003cp>Mike, who has moved comfortably between gay and non-gay leagues, said he's found that even gay players automatically assume straight players have more ability. \"When gay athletes do that, then they're just reinforcing what straight, insecure athletes think of gay athletes -- which is they're a lesser player,\" he said.\u003c/p>\n\u003cp>Still, said John Steen, a lot of gay men have had bad experiences with athletics, and the wounds can run deep. He recounted the time when he'd first joined the SFGSL and his team decided to also play in San Francisco's city league. \"Which was all straight,\" he said. \"And we got demolished every game. A lot of guys on our team had a real hard time being beaten by straight guys like that. I feel like that’s internalized homophobia. A lot of gay guys growing up had a lot of issues with sports. ... This generation is sort of different, though. A lot more are coming out earlier and a lot are quite athletic.\"\u003c/p>\n\u003cp>\u003cstrong>Awaiting a pro \u003c/strong>\u003c/p>\n\u003cp>As to the long-awaited announcement by a gay active NFL or MLB player, Mike said he isn't waiting with bated breath. \"Absolutely not a big deal,\" he said. \"I idolize athletes for their body of work and not their personal life.\"\u003c/p>\n\u003cp>Both John Steen and Tony Robbins disagreed. \"I do think it would be a very big deal if that happened,\" said Steen.\u003c/p>\n\u003cp>Robbins said a pro coming out would be important for younger gay men. \"There are younger gays out there who are looking up to these sports players, saying, 'Hey look, they’re playing with all these guys, so I can play this game, too.' They can look at it as, 'I have a chance, I don’t have to be blacklisted because I’m gay.'\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\u003cimg class=\"aligncenter size-full wp-image-94823\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/04/Joshua-tree-1.jpg\" alt=\"Joshua tree (1)\" width=\"650\" height=\"450\">\u003cbr>\nIt's been an \u003ca href=\"http://www.californiareport.org/archive/R201304190850/a\">incredible spring for Joshua trees\u003c/a> in the Mojave Desert and throughout the Southwest. The strange and gangly desert forest is in the last stages of an unusually rich and widespread bloom. (Caitlin Esch/KQED)\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-94824\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/04/5th-street.jpg\" alt=\"5th street\" width=\"650\" height=\"450\">\u003cbr>\nResidents of a small artists community on the Oakland waterfront, near Jack London Square, are pondering what their future holds as the city moves ahead with a massive new development in their backyard. Robert Schultz collects art and has lived in the 5th Street community for about 34 years. (Deborah Svoboda/KQED)\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-94827\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/04/PhotoWeek130419tattoo.jpg\" alt=\"PhotoWeek130419tattoo\" width=\"640\" height=\"450\">\u003cbr>\nAzucena Campos sits through her twelfth laser tattoo removal session at Valley Medical Specialty Center in San Jose. The city-run Clean Slate program has provided \u003ca href=\"http://peninsulapress.com/2013/04/16/san-jose-tattoo-removal-program-helps-give-troubled-teens-a-fresh-start/\">free tattoo removal \u003c/a>for San Jose youth since 1994, provided they complete life skill classes and community service, as well as meet other criteria. (Julia Reis/ \u003ca href=\"http://peninsulapress.com/\">Peninsula Press\u003c/a>)\u003cbr>\n\u003c!--more-->\u003cbr>\n\u003cimg class=\"aligncenter size-full wp-image-94828\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/04/PhotoWeek130419KaylaMoore.jpg\" alt=\"PhotoWeek130419KaylaMoore\" width=\"640\" height=\"450\">\u003cbr>\nFriends and family of Kayla Moore held a remembrance on April 17 in downtown Berkeley. Moore is the 41-year-old mentally ill transgender person who died Feb. 12 while in custody of Berkeley Police. Carl Butler, Jimmy Phady and Arthur Moore (from left to right) were among those who marched to the police station to pressure police to release information about the death. (Alex Emslie/KQED)\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cimg class=\"aligncenter size-full wp-image-94823\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/04/Joshua-tree-1.jpg\" alt=\"Joshua tree (1)\" width=\"650\" height=\"450\">\u003cbr>\nIt's been an \u003ca href=\"http://www.californiareport.org/archive/R201304190850/a\">incredible spring for Joshua trees\u003c/a> in the Mojave Desert and throughout the Southwest. The strange and gangly desert forest is in the last stages of an unusually rich and widespread bloom. (Caitlin Esch/KQED)\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-94824\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/04/5th-street.jpg\" alt=\"5th street\" width=\"650\" height=\"450\">\u003cbr>\nResidents of a small artists community on the Oakland waterfront, near Jack London Square, are pondering what their future holds as the city moves ahead with a massive new development in their backyard. Robert Schultz collects art and has lived in the 5th Street community for about 34 years. (Deborah Svoboda/KQED)\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-94827\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/04/PhotoWeek130419tattoo.jpg\" alt=\"PhotoWeek130419tattoo\" width=\"640\" height=\"450\">\u003cbr>\nAzucena Campos sits through her twelfth laser tattoo removal session at Valley Medical Specialty Center in San Jose. The city-run Clean Slate program has provided \u003ca href=\"http://peninsulapress.com/2013/04/16/san-jose-tattoo-removal-program-helps-give-troubled-teens-a-fresh-start/\">free tattoo removal \u003c/a>for San Jose youth since 1994, provided they complete life skill classes and community service, as well as meet other criteria. (Julia Reis/ \u003ca href=\"http://peninsulapress.com/\">Peninsula Press\u003c/a>)\u003cbr>\n\u003c!--more-->\u003cbr>\n\u003cimg class=\"aligncenter size-full wp-image-94828\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/04/PhotoWeek130419KaylaMoore.jpg\" alt=\"PhotoWeek130419KaylaMoore\" width=\"640\" height=\"450\">\u003cbr>\nFriends and family of Kayla Moore held a remembrance on April 17 in downtown Berkeley. Moore is the 41-year-old mentally ill transgender person who died Feb. 12 while in custody of Berkeley Police. Carl Butler, Jimmy Phady and Arthur Moore (from left to right) were among those who marched to the police station to pressure police to release information about the death. (Alex Emslie/KQED)\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "California Events Push Boy Scouts Toward Lifting Gay Ban",
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"content": "\u003cp>The Boy Scouts of America has announced a proposal to lift its ban on gay youth, and events in California have a lot to do with the move.\u003c/p>\n\u003cp>A \u003ca href=\"http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_0301-0350/sb_323_bill_20130416_amended_sen_v98.pdf\">bill\u003c/a> in the State Senate would limit tax exemptions for groups that discriminate on the basis of \"gender identity, race, sexual orientation, nationality, religion or religious affiliation.\"\u003c/p>\n\u003cp>SB 323 cleared the Governance and Finance Committee on April 10, sending it to the Appropriations Committee. Some of the impetus came from a Moraga youth \u003ca href=\"http://ww2.kqed.org/news/2013/01/29/moraga-case-cited-in-boy-scouts-move-toward-easing-no-gays-policy/\">who became the poster child\u003c/a> for gay scouts last year.\u003c/p>\n\u003cp>http://www.youtube.com/watch?v=IGrz6TJk3dA\u003c/p>\n\u003cp>Ryan Andresen, 18, was denied Eagle Scout status by his local scoutmaster. Andresen quickly garnered the \u003ca href=\"http://ww2.kqed.org/news/2013/01/08/local-council-approves-application-for-gay-eagle-scout/\">support of national celebrities\u003c/a>, such as Ellen DeGeneres, and California politicians, such as U.S. Sen. Barbara Boxer.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Here are the latest developments from The Associated Press:\u003c!--more-->\u003c/p>\n\u003cp>\u003cem>by David Crary, AP National Writer\u003c/em>\u003c/p>\n\u003cp>NEW YORK (AP) — Under pressure over its long-standing ban on gays, the Boys Scouts of America is proposing to lift the ban for youth members but continue to exclude gays as adult leaders.\u003c/p>\n\u003cp>The Scouts announced Friday that the proposal would be submitted to the roughly 1,400 voting members of its National Council at a meeting in Texas the week of May 20.\u003c/p>\n\u003cp>Gay rights groups have demanded a complete lifting of the ban, while some churches and conservative groups want it maintained in its entirety, raising the likelihood that the new proposal will draw continued criticism from both sides.\u003c/p>\n\u003cp>Indeed, the BSA, in making its announcement, estimated that easing the ban on gay adults could cause widespread defections that could cost the organization 100,000 to 350,000 members.\u003c/p>\n\u003cp>In January, the BSA said it was considering a plan to give local Scout units the option of admitting gays as both youth members and adult leaders or continuing to exclude them.\u003c/p>\n\u003cp>On Friday, the BSA said it changed course in part because of surveys sent out, starting in February, to about 1 million members of the Scouting community.\u003c/p>\n\u003cp>The review, said a BSA statement, \"created an outpouring of feedback\" from 200,000 respondents, some supporting the exclusion policy and others favoring a change.\u003c/p>\n\u003cp>\"While perspectives and opinions vary significantly, parents, adults in the Scouting community and teens alike tend to agree that youth should not be denied the benefits of Scouting,\" the statement said.\u003c/p>\n\u003cp>As a result, the BSA's Executive Committee drafted a resolution proposing to remove the ban on gay youth while keeping it for all adult leaders.\u003c/p>\n\u003cp>\"The proposed resolution also reinforces that Scouting is a youth program, and any sexual conduct, whether heterosexual or homosexual, by youth of Scouting age is contrary to the virtues of Scouting,\" the statement said.\u003c/p>\n\u003cp>The BSA described its survey as \"the most comprehensive listening exercise in its history.\"\u003c/p>\n\u003cp>In a summary of the findings, it said respondents supported the BSA's current policy of excluding gays by a margin of 61 percent to 34 percent, while a majority of younger parents and teens opposed the policy.\u003c/p>\n\u003cp>It said overwhelming majorities of parents, teens and members of the Scouting community felt it would be unacceptable to deny an openly gay Scout an Eagle Scout Award solely because of his sexual orientation.\u003c/p>\n\u003cp>Included in the survey were dozens of churches and other religious organizations that sponsor a majority of Scout units.\u003c/p>\n\u003cp>The BSA said many of the religious organizations expressed concern over having gay adult leaders and were less concerned about gay youth members.\u003c/p>\n\u003cp>Many Scout units are sponsored by relatively conservative religious denominations that have supported the ban on gays in the past — notably the Roman Catholic Church, the Church of Jesus Christ of Latter-day Saints and Southern Baptist churches.\u003c/p>\n\u003cp>The survey tried to gauge the proposal's impact on financial support. Local Scout councils said 51 percent of their major donors opposed easing the ban, while a majority of Fortune 500 companies supported a change.\u003c/p>\n\u003cp>Since January, the Scouts have come under intense pressure from activists and advocacy groups on both sides of the membership debate.\u003c/p>\n\u003cp>In Indiana, for example, there's an ongoing campaign demanding that the United Way withhold funding from the Scouts until the ban is lifted. In California, the state Senate is considering a bill aimed at pressuring the BSA to lift the ban by making the organization ineligible for nonprofit tax breaks.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>On the other side, the conservative Family Research Council has been circulating an online petition urging the BSA to keep the ban. And in Utah, the Boy Scouts' Great Salt Lake Council — one of the largest in the country with 73,400 youth members — said a survey showed that more than 80 percent of its leaders opposed lifting the ban.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The Boy Scouts of America has announced a proposal to lift its ban on gay youth, and events in California have a lot to do with the move.\u003c/p>\n\u003cp>A \u003ca href=\"http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_0301-0350/sb_323_bill_20130416_amended_sen_v98.pdf\">bill\u003c/a> in the State Senate would limit tax exemptions for groups that discriminate on the basis of \"gender identity, race, sexual orientation, nationality, religion or religious affiliation.\"\u003c/p>\n\u003cp>SB 323 cleared the Governance and Finance Committee on April 10, sending it to the Appropriations Committee. Some of the impetus came from a Moraga youth \u003ca href=\"http://ww2.kqed.org/news/2013/01/29/moraga-case-cited-in-boy-scouts-move-toward-easing-no-gays-policy/\">who became the poster child\u003c/a> for gay scouts last year.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/IGrz6TJk3dA'\n title='//www.youtube.com/embed/IGrz6TJk3dA'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>Ryan Andresen, 18, was denied Eagle Scout status by his local scoutmaster. Andresen quickly garnered the \u003ca href=\"http://ww2.kqed.org/news/2013/01/08/local-council-approves-application-for-gay-eagle-scout/\">support of national celebrities\u003c/a>, such as Ellen DeGeneres, and California politicians, such as U.S. Sen. Barbara Boxer.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Here are the latest developments from The Associated Press:\u003c!--more-->\u003c/p>\n\u003cp>\u003cem>by David Crary, AP National Writer\u003c/em>\u003c/p>\n\u003cp>NEW YORK (AP) — Under pressure over its long-standing ban on gays, the Boys Scouts of America is proposing to lift the ban for youth members but continue to exclude gays as adult leaders.\u003c/p>\n\u003cp>The Scouts announced Friday that the proposal would be submitted to the roughly 1,400 voting members of its National Council at a meeting in Texas the week of May 20.\u003c/p>\n\u003cp>Gay rights groups have demanded a complete lifting of the ban, while some churches and conservative groups want it maintained in its entirety, raising the likelihood that the new proposal will draw continued criticism from both sides.\u003c/p>\n\u003cp>Indeed, the BSA, in making its announcement, estimated that easing the ban on gay adults could cause widespread defections that could cost the organization 100,000 to 350,000 members.\u003c/p>\n\u003cp>In January, the BSA said it was considering a plan to give local Scout units the option of admitting gays as both youth members and adult leaders or continuing to exclude them.\u003c/p>\n\u003cp>On Friday, the BSA said it changed course in part because of surveys sent out, starting in February, to about 1 million members of the Scouting community.\u003c/p>\n\u003cp>The review, said a BSA statement, \"created an outpouring of feedback\" from 200,000 respondents, some supporting the exclusion policy and others favoring a change.\u003c/p>\n\u003cp>\"While perspectives and opinions vary significantly, parents, adults in the Scouting community and teens alike tend to agree that youth should not be denied the benefits of Scouting,\" the statement said.\u003c/p>\n\u003cp>As a result, the BSA's Executive Committee drafted a resolution proposing to remove the ban on gay youth while keeping it for all adult leaders.\u003c/p>\n\u003cp>\"The proposed resolution also reinforces that Scouting is a youth program, and any sexual conduct, whether heterosexual or homosexual, by youth of Scouting age is contrary to the virtues of Scouting,\" the statement said.\u003c/p>\n\u003cp>The BSA described its survey as \"the most comprehensive listening exercise in its history.\"\u003c/p>\n\u003cp>In a summary of the findings, it said respondents supported the BSA's current policy of excluding gays by a margin of 61 percent to 34 percent, while a majority of younger parents and teens opposed the policy.\u003c/p>\n\u003cp>It said overwhelming majorities of parents, teens and members of the Scouting community felt it would be unacceptable to deny an openly gay Scout an Eagle Scout Award solely because of his sexual orientation.\u003c/p>\n\u003cp>Included in the survey were dozens of churches and other religious organizations that sponsor a majority of Scout units.\u003c/p>\n\u003cp>The BSA said many of the religious organizations expressed concern over having gay adult leaders and were less concerned about gay youth members.\u003c/p>\n\u003cp>Many Scout units are sponsored by relatively conservative religious denominations that have supported the ban on gays in the past — notably the Roman Catholic Church, the Church of Jesus Christ of Latter-day Saints and Southern Baptist churches.\u003c/p>\n\u003cp>The survey tried to gauge the proposal's impact on financial support. Local Scout councils said 51 percent of their major donors opposed easing the ban, while a majority of Fortune 500 companies supported a change.\u003c/p>\n\u003cp>Since January, the Scouts have come under intense pressure from activists and advocacy groups on both sides of the membership debate.\u003c/p>\n\u003cp>In Indiana, for example, there's an ongoing campaign demanding that the United Way withhold funding from the Scouts until the ban is lifted. In California, the state Senate is considering a bill aimed at pressuring the BSA to lift the ban by making the organization ineligible for nonprofit tax breaks.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>On the other side, the conservative Family Research Council has been circulating an online petition urging the BSA to keep the ban. And in Utah, the Boy Scouts' Great Salt Lake Council — one of the largest in the country with 73,400 youth members — said a survey showed that more than 80 percent of its leaders opposed lifting the ban.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cem>by Lisa Leff and Paul Elias, Associated Press\u003c/em>\u003c/p>\n\u003cp>SAN FRANCISCO (AP) — California’s novel law seeking to ban licensed counselors from trying to turn gay teens straight is boiling down to a question over whether the therapy is free speech or a medical treatment that can be regulated by government.\u003c/p>\n\u003cfigure id=\"attachment_89826\" class=\"wp-caption alignleft\" style=\"max-width: 220px\">\u003ca href=\"http://ww2.kqed.org/news/2013/02/21/why-san-francisco-and-napa-have-been-ranked-as-the-happiest-cities-in-america/gay/\" rel=\"attachment wp-att-89826\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-89826\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/02/gay.jpg\" alt=\"The perception of San Francisco as a gay-friendly city helped it earn the title America's happiest city. (Terri Hodges/Flickr)\" width=\"220\" height=\"220\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Californians increasingly see gay relationships as normal. (Terri Hodges/Flickr)\u003c/figcaption>\u003c/figure>\n\u003cp>It’s the “pivot point” of the legal debate, Judge Morgan Christen of the 9th U.S. Circuit Court of Appeals said Wednesday.\u003c/p>\n\u003cp>Morgan and two other judges on the nation’s largest federal appellate court considered 90 minutes of legal arguments over the ban on “sexual-orientation change” counseling of minors, which other states are considering.\u003c/p>\n\u003cp>The three-judge panel is considering two challenges to the law approved in California last fall. It took no action Wednesday and will issue a written ruling later.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The law was to go into effect Jan. 1, but the court put it on hold pending its decision.\u003c/p>\n\u003cp>Chief Judge Alex Kozinski noted the U.S. Supreme Court struck down a California ban of violent video games because the state failed to show a compelling reason to infringe on game-makers free speech rights to manufacture the products.\u003c/p>\n\u003cp>He said it appeared the same argument could be applied to the evidence lawmakers relied on in passing the prohibition on sexual-orientation change therapy.\u003c!--more-->\u003c/p>\n\u003cp>“We really don’t have anything compelling, as I see it,” Kozinski said. “Government has to have a compelling interest in curtailing speech.”\u003c/p>\n\u003cp>California Deputy Attorney General Alexandra Robert Gordon, who is defending the ban, cited mainstream medical organizations’ support of the law, and testimony before the state Legislature by several people who said they were harmed by the counseling.\u003c/p>\n\u003cp>Kozinski replied that opponents of the law also testified before lawmakers that they benefited from the counseling.\u003c/p>\n\u003cp>“There is evidence going both ways,” Kozinski concluded.\u003c/p>\n\u003cp>Lawyers for parents of children who are undergoing the counseling and licensed professionals who administer the “talk therapy” argued the ban goes too far. But Mathew Staver, founder of the Liberty Counsel and a lawyer opposing the law, said there is “no evidence of harm.”\u003c/p>\n\u003cp>The law says therapists and counselors who treat minors with methods designed to eliminate or reduce their same-sex attractions would be engaging in unprofessional conduct and subject to discipline by state licensing boards. The activities of pastors and lay counselors who are unlicensed but provide such therapy through church programs would not be covered.\u003c/p>\n\u003cp>The cases before the appeals court was brought by professionals who practice sexual-orientation change therapy, two families who say their teenage sons benefited from it, and a national association of Christian mental health counselors. They argue the ban infringes on their free speech and freedom of association and religious rights. The counselors also argue it jeopardizes their livelihoods.\u003c/p>\n\u003cp>“The state has determined that the only permissible message (is that) same-sex attractions, behavior or identity are to be accepted, supported and understood, thus suppressing all other viewpoints to the detriment of licensed professionals and their vulnerable minor clients,” lawyers for the families, several practitioners and the professional group said.\u003c/p>\n\u003cp>“The viewpoint of counselors who in their professional judgment determine that same-sex attractions conflict with the religious and moral beliefs of clients and are not desired, is silenced by SB 1172. This raises a serious constitutional question.”\u003c/p>\n\u003cp>Supporters, including Gov. Jerry Brown and Attorney General Kamala Harris, say the prohibition on “reparative” and “conversion” therapy is necessary to protect children from a coercive practice that can put them at increased risk of suicide. They also say the therapy’s efficacy has been questioned or rejected by every major mental health professional association.\u003c/p>\n\u003cp>Harris has argued the law “is based on a scientific and professional consensus reached decades ago that homosexuality is a normal expression of human sexuality and not a disease, condition, or disorder in need of a ‘cure.'”\u003c/p>\n\u003cp>Reflecting the competing issues before the appeals court, the two Sacramento-based trial judges who handled the lawsuits in December reached differing conclusions on whether the ban violates the U.S. Constitution.\u003c/p>\n\u003cp>One refused to block the law after ruling the plaintiffs were unlikely to prove the prohibition unfairly tramples on their civil rights and should therefore be overturned. The other said he found the First Amendment issues presented by the ban to be compelling and ordered the state to temporarily exempt the three people named in the case before him.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The panel hearing the cases Wednesday consists of Chief Judge Alex Kozinski, who was appointed by Ronald Reagan in 1985, Judge Susan Graber, a 1998 Bill Clinton appointee, and Judge Morgan Christen, a 2012 appointee of President Barack Obama. The judges don’t have a deadline for issuing a decision.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>by Lisa Leff and Paul Elias, Associated Press\u003c/em>\u003c/p>\n\u003cp>SAN FRANCISCO (AP) — California’s novel law seeking to ban licensed counselors from trying to turn gay teens straight is boiling down to a question over whether the therapy is free speech or a medical treatment that can be regulated by government.\u003c/p>\n\u003cfigure id=\"attachment_89826\" class=\"wp-caption alignleft\" style=\"max-width: 220px\">\u003ca href=\"http://ww2.kqed.org/news/2013/02/21/why-san-francisco-and-napa-have-been-ranked-as-the-happiest-cities-in-america/gay/\" rel=\"attachment wp-att-89826\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-89826\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/02/gay.jpg\" alt=\"The perception of San Francisco as a gay-friendly city helped it earn the title America's happiest city. (Terri Hodges/Flickr)\" width=\"220\" height=\"220\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Californians increasingly see gay relationships as normal. (Terri Hodges/Flickr)\u003c/figcaption>\u003c/figure>\n\u003cp>It’s the “pivot point” of the legal debate, Judge Morgan Christen of the 9th U.S. Circuit Court of Appeals said Wednesday.\u003c/p>\n\u003cp>Morgan and two other judges on the nation’s largest federal appellate court considered 90 minutes of legal arguments over the ban on “sexual-orientation change” counseling of minors, which other states are considering.\u003c/p>\n\u003cp>The three-judge panel is considering two challenges to the law approved in California last fall. It took no action Wednesday and will issue a written ruling later.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The law was to go into effect Jan. 1, but the court put it on hold pending its decision.\u003c/p>\n\u003cp>Chief Judge Alex Kozinski noted the U.S. Supreme Court struck down a California ban of violent video games because the state failed to show a compelling reason to infringe on game-makers free speech rights to manufacture the products.\u003c/p>\n\u003cp>He said it appeared the same argument could be applied to the evidence lawmakers relied on in passing the prohibition on sexual-orientation change therapy.\u003c!--more-->\u003c/p>\n\u003cp>“We really don’t have anything compelling, as I see it,” Kozinski said. “Government has to have a compelling interest in curtailing speech.”\u003c/p>\n\u003cp>California Deputy Attorney General Alexandra Robert Gordon, who is defending the ban, cited mainstream medical organizations’ support of the law, and testimony before the state Legislature by several people who said they were harmed by the counseling.\u003c/p>\n\u003cp>Kozinski replied that opponents of the law also testified before lawmakers that they benefited from the counseling.\u003c/p>\n\u003cp>“There is evidence going both ways,” Kozinski concluded.\u003c/p>\n\u003cp>Lawyers for parents of children who are undergoing the counseling and licensed professionals who administer the “talk therapy” argued the ban goes too far. But Mathew Staver, founder of the Liberty Counsel and a lawyer opposing the law, said there is “no evidence of harm.”\u003c/p>\n\u003cp>The law says therapists and counselors who treat minors with methods designed to eliminate or reduce their same-sex attractions would be engaging in unprofessional conduct and subject to discipline by state licensing boards. The activities of pastors and lay counselors who are unlicensed but provide such therapy through church programs would not be covered.\u003c/p>\n\u003cp>The cases before the appeals court was brought by professionals who practice sexual-orientation change therapy, two families who say their teenage sons benefited from it, and a national association of Christian mental health counselors. They argue the ban infringes on their free speech and freedom of association and religious rights. The counselors also argue it jeopardizes their livelihoods.\u003c/p>\n\u003cp>“The state has determined that the only permissible message (is that) same-sex attractions, behavior or identity are to be accepted, supported and understood, thus suppressing all other viewpoints to the detriment of licensed professionals and their vulnerable minor clients,” lawyers for the families, several practitioners and the professional group said.\u003c/p>\n\u003cp>“The viewpoint of counselors who in their professional judgment determine that same-sex attractions conflict with the religious and moral beliefs of clients and are not desired, is silenced by SB 1172. This raises a serious constitutional question.”\u003c/p>\n\u003cp>Supporters, including Gov. Jerry Brown and Attorney General Kamala Harris, say the prohibition on “reparative” and “conversion” therapy is necessary to protect children from a coercive practice that can put them at increased risk of suicide. They also say the therapy’s efficacy has been questioned or rejected by every major mental health professional association.\u003c/p>\n\u003cp>Harris has argued the law “is based on a scientific and professional consensus reached decades ago that homosexuality is a normal expression of human sexuality and not a disease, condition, or disorder in need of a ‘cure.'”\u003c/p>\n\u003cp>Reflecting the competing issues before the appeals court, the two Sacramento-based trial judges who handled the lawsuits in December reached differing conclusions on whether the ban violates the U.S. Constitution.\u003c/p>\n\u003cp>One refused to block the law after ruling the plaintiffs were unlikely to prove the prohibition unfairly tramples on their civil rights and should therefore be overturned. The other said he found the First Amendment issues presented by the ban to be compelling and ordered the state to temporarily exempt the three people named in the case before him.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The panel hearing the cases Wednesday consists of Chief Judge Alex Kozinski, who was appointed by Ronald Reagan in 1985, Judge Susan Graber, a 1998 Bill Clinton appointee, and Judge Morgan Christen, a 2012 appointee of President Barack Obama. The judges don’t have a deadline for issuing a decision.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "San Francisco Archdiocese Withdraws 'Divisive' Same-Sex Marriage Symbol",
"title": "San Francisco Archdiocese Withdraws 'Divisive' Same-Sex Marriage Symbol",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>Math has never looked so political.\u003c/p>\n\u003cp>During the Supreme Court hearings on the issue last week, many supporters of same-sex marriage posted \"=\" symbols in place of their profile pictures on Facebook and Twitter.\u003c/p>\n\u003cp>The symbols, still in use on many Facebook and Twitter accounts, look like this:\u003c/p>\n\u003cblockquote class=\"twitter-tweet\">\u003cp>Day 2 at the Supreme Court. Lets keep momentum going. Keep your pics red &spread the word! \u003ca href=\"https://twitter.com/search/%23UnitedForMarriage\">#UnitedForMarriage\u003c/a> \u003ca title=\"http://twitter.com/HRC/status/316894028174069760/photo/1\" href=\"http://t.co/eUlTlVKWX8\">twitter.com/HRC/status/316…\u003c/a>\u003c/p>\n\u003cp>— HumanRightsCampaign (@HRC) \u003ca href=\"https://twitter.com/HRC/status/316894028174069760\">March 27, 2013\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp> \u003c/p>\n\u003cp>Very quickly opponents responded with their own twists on the theme, and a few of these found their way onto the \u003ca href=\"http://www.change.org/petitions/the-roman-catholic-archdiocese-of-san-francisco-voluntarily-remove-your-disrespectful-mockeries-of-hrc-s-marriage-equality-logo?utm_campaign=action_box&utm_medium=twitter&utm_source=share_petition\" target=\"_blank\">Facebook page\u003c/a> of the Catholic Archdiocese of San Francisco.\u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Archbishop Salvatore Cordileone has been outspoken in his opposition to same-sex marriage. So the archdiocese social media expert, Edison Tapalla, re-posted a couple of symbols playing on the \"+\" symbol. Those went over without huge criticism. But when he tried \"÷,\" on March 26 he ignited a firestorm.\u003c/p>\n\u003cfigure id=\"attachment_93617\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/04/05/san-francisco-archdiocese-withdraws-anti-same-sex-marriage-symbol/division-symbol-wagda/\" rel=\"attachment wp-att-93617\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/04/division-symbol-wagda-300x300.jpg\" alt=\"An image of the division symbol re-posted by Edison Tapalla (Courtesy of Donald Wagda)\" width=\"300\" height=\"300\" class=\"size-medium wp-image-93617\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">An image of the division symbol re-posted by Edison Tapalla (Courtesy of Donald Wagda)\u003c/figcaption>\u003c/figure>\n\u003cp>Same-sex advocates posted about 320 comments in a tone so harsh that Tapalla took down the post a couple of days later. (You can a screen shot of it on\u003ca href=\"https://www.facebook.com/photo.php?fbid=10152670428690117&l=40b04ef2b7\" target=\"_blank\"> this Facebook page\u003c/a>.)\u003c/p>\n\u003cp>\"It infuriated me,\" said Don Wagda, a Bay Area attorney. \"I thought it was highly disrespectful when they posted the division symbol. It was the most divisive of all.\"\u003c/p>\n\u003cp>Wagda did everything he could to get the word out about the \"÷,\" including an \u003ca href=\"http://www.change.org/petitions/the-roman-catholic-archdiocese-of-san-francisco-voluntarily-remove-your-disrespectful-mockeries-of-hrc-s-marriage-equality-logo?utm_campaign=action_box&utm_medium=twitter&utm_source=share_petition\" target=\"_blank\">online petition\u003c/a>.\u003c/p>\n\u003cp>But Tapalla said critics like Wagda are misreading the symbol. It included a citation of a biblical passage, Luke \u003ca href=\"http://www.biblegateway.com/passage/?search=Luke+12%3A51-53&version=KJV\">12:51\u003c/a>: \"Suppose ye that I am come to give peace on earth? I tell you, Nay; but rather division...\"\u003c/p>\n\u003cp>Also in Tapalla's post was a link to an \u003ca href=\"http://www.catholic-sf.org/news_select.php&newsid=27&id=58007/https:/ns.php?newsid=6&id=60882\" target=\"_blank\">article\u003c/a> by the archdiocese spokesperson, George Wesolek, arguing that Catholics who do not accept the teachings of the church hierarchy (including on same-sex marriage) don't belong in the church.\u003c/p>\n\u003cp>So what was all this meant to communicate?\u003c/p>\n\u003cp>Tapalla said it was a comment on the sharp divisions around the issue of same-sex marriage. \"It was more commenting on how people are separated,\" he said. \"I wish that people could talk. I think we live in a world where mere disagreement is taken as hate. When you have such strong feelings on both sides, it's hard to come together and have a conversation.\"\u003c/p>\n\u003cfigure id=\"attachment_93525\" class=\"wp-caption alignleft\" style=\"max-width: 200px\">\u003ca href=\"http://ww2.kqed.org/news/2013/04/05/san-francisco-archdiocese-withdraws-anti-same-sex-marriage-symbol/salvatore-cordileone-6/\" rel=\"attachment wp-att-93525\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/04/Salvatore-Cordileone-200x300.jpg\" alt=\"Archbishop Salvatore Cordileone (Deborah Svoboda/KQED)\" width=\"200\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Archbishop Salvatore Cordileone (Deborah Svoboda/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>It's especially hard to have meaningful dialogue on social media where comments are limited by length, he said. The reaction to his post just reinforced that view.\u003c/p>\n\u003cp>Wesolek, too, was taken aback by the reaction to the \"÷\" post. \"We were slammed with some very ugly messages,\" he said. \"It was obviously an organized attack. It's probably the same group that's been attacking us. They are very anti-Catholic and very bigoted.\"\u003c/p>\n\u003cp>But Michael Cole-Goldschwartz, spokesperson for the \u003ca href=\"http://www.hrc.org/\">Human Rights Campaign, \u003c/a>said the group had not responded to the parodies of the \"=\" campaign that its marketing director, Anastasia Khoo, dreamed up.\u003c/p>\n\u003cp>He noted the division symbol on the archdiocese Facebook page. \"Frankly, I thought it characterized the opposition,\" he said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"We're happy that our message got out and it's unfortunate that they're using this for their own anti-gay message. But it is what it is.\"\u003c/p>\n\n",
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"description": "Archbishop Salvatore Cordileone has been outspoken in his opposition to same-sex marriage. So the archdiocese social media expert, Edison Tapalla, re-posted a couple of symbols playing on the "+" symbol. Those went over without huge criticism. But when he tried "÷," on March 26 he ignited a firestorm.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Math has never looked so political.\u003c/p>\n\u003cp>During the Supreme Court hearings on the issue last week, many supporters of same-sex marriage posted \"=\" symbols in place of their profile pictures on Facebook and Twitter.\u003c/p>\n\u003cp>The symbols, still in use on many Facebook and Twitter accounts, look like this:\u003c/p>\n\u003cblockquote class=\"twitter-tweet\">\u003cp>Day 2 at the Supreme Court. Lets keep momentum going. Keep your pics red &spread the word! \u003ca href=\"https://twitter.com/search/%23UnitedForMarriage\">#UnitedForMarriage\u003c/a> \u003ca title=\"http://twitter.com/HRC/status/316894028174069760/photo/1\" href=\"http://t.co/eUlTlVKWX8\">twitter.com/HRC/status/316…\u003c/a>\u003c/p>\n\u003cp>— HumanRightsCampaign (@HRC) \u003ca href=\"https://twitter.com/HRC/status/316894028174069760\">March 27, 2013\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp> \u003c/p>\n\u003cp>Very quickly opponents responded with their own twists on the theme, and a few of these found their way onto the \u003ca href=\"http://www.change.org/petitions/the-roman-catholic-archdiocese-of-san-francisco-voluntarily-remove-your-disrespectful-mockeries-of-hrc-s-marriage-equality-logo?utm_campaign=action_box&utm_medium=twitter&utm_source=share_petition\" target=\"_blank\">Facebook page\u003c/a> of the Catholic Archdiocese of San Francisco.\u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Archbishop Salvatore Cordileone has been outspoken in his opposition to same-sex marriage. So the archdiocese social media expert, Edison Tapalla, re-posted a couple of symbols playing on the \"+\" symbol. Those went over without huge criticism. But when he tried \"÷,\" on March 26 he ignited a firestorm.\u003c/p>\n\u003cfigure id=\"attachment_93617\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/04/05/san-francisco-archdiocese-withdraws-anti-same-sex-marriage-symbol/division-symbol-wagda/\" rel=\"attachment wp-att-93617\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/04/division-symbol-wagda-300x300.jpg\" alt=\"An image of the division symbol re-posted by Edison Tapalla (Courtesy of Donald Wagda)\" width=\"300\" height=\"300\" class=\"size-medium wp-image-93617\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">An image of the division symbol re-posted by Edison Tapalla (Courtesy of Donald Wagda)\u003c/figcaption>\u003c/figure>\n\u003cp>Same-sex advocates posted about 320 comments in a tone so harsh that Tapalla took down the post a couple of days later. (You can a screen shot of it on\u003ca href=\"https://www.facebook.com/photo.php?fbid=10152670428690117&l=40b04ef2b7\" target=\"_blank\"> this Facebook page\u003c/a>.)\u003c/p>\n\u003cp>\"It infuriated me,\" said Don Wagda, a Bay Area attorney. \"I thought it was highly disrespectful when they posted the division symbol. It was the most divisive of all.\"\u003c/p>\n\u003cp>Wagda did everything he could to get the word out about the \"÷,\" including an \u003ca href=\"http://www.change.org/petitions/the-roman-catholic-archdiocese-of-san-francisco-voluntarily-remove-your-disrespectful-mockeries-of-hrc-s-marriage-equality-logo?utm_campaign=action_box&utm_medium=twitter&utm_source=share_petition\" target=\"_blank\">online petition\u003c/a>.\u003c/p>\n\u003cp>But Tapalla said critics like Wagda are misreading the symbol. It included a citation of a biblical passage, Luke \u003ca href=\"http://www.biblegateway.com/passage/?search=Luke+12%3A51-53&version=KJV\">12:51\u003c/a>: \"Suppose ye that I am come to give peace on earth? I tell you, Nay; but rather division...\"\u003c/p>\n\u003cp>Also in Tapalla's post was a link to an \u003ca href=\"http://www.catholic-sf.org/news_select.php&newsid=27&id=58007/https:/ns.php?newsid=6&id=60882\" target=\"_blank\">article\u003c/a> by the archdiocese spokesperson, George Wesolek, arguing that Catholics who do not accept the teachings of the church hierarchy (including on same-sex marriage) don't belong in the church.\u003c/p>\n\u003cp>So what was all this meant to communicate?\u003c/p>\n\u003cp>Tapalla said it was a comment on the sharp divisions around the issue of same-sex marriage. \"It was more commenting on how people are separated,\" he said. \"I wish that people could talk. I think we live in a world where mere disagreement is taken as hate. When you have such strong feelings on both sides, it's hard to come together and have a conversation.\"\u003c/p>\n\u003cfigure id=\"attachment_93525\" class=\"wp-caption alignleft\" style=\"max-width: 200px\">\u003ca href=\"http://ww2.kqed.org/news/2013/04/05/san-francisco-archdiocese-withdraws-anti-same-sex-marriage-symbol/salvatore-cordileone-6/\" rel=\"attachment wp-att-93525\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/04/Salvatore-Cordileone-200x300.jpg\" alt=\"Archbishop Salvatore Cordileone (Deborah Svoboda/KQED)\" width=\"200\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Archbishop Salvatore Cordileone (Deborah Svoboda/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>It's especially hard to have meaningful dialogue on social media where comments are limited by length, he said. The reaction to his post just reinforced that view.\u003c/p>\n\u003cp>Wesolek, too, was taken aback by the reaction to the \"÷\" post. \"We were slammed with some very ugly messages,\" he said. \"It was obviously an organized attack. It's probably the same group that's been attacking us. They are very anti-Catholic and very bigoted.\"\u003c/p>\n\u003cp>But Michael Cole-Goldschwartz, spokesperson for the \u003ca href=\"http://www.hrc.org/\">Human Rights Campaign, \u003c/a>said the group had not responded to the parodies of the \"=\" campaign that its marketing director, Anastasia Khoo, dreamed up.\u003c/p>\n\u003cp>He noted the division symbol on the archdiocese Facebook page. \"Frankly, I thought it characterized the opposition,\" he said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"We're happy that our message got out and it's unfortunate that they're using this for their own anti-gay message. But it is what it is.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "News Pix: Prop. 8 Oral Arguments, Bay Bridge Bolts Snap, Devil's Slide Tunnel Opens",
"title": "News Pix: Prop. 8 Oral Arguments, Bay Bridge Bolts Snap, Devil's Slide Tunnel Opens",
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"content": "\u003cp>\u003cimg class=\"aligncenter size-full wp-image-92874\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/Prop8.jpg\" alt=\"Prop8\" width=\"640\" height=\"450\">Crowds of people outside the Supreme Court in Washington, D.C protest the \u003ca href=\"http://ww2.kqed.org/news/2013/03/27/doma-oral-arguments-explained/\">Defense of Marriage Act\u003c/a> on Wednesday, March 27. (Jacob Fenston/KQED)\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-92876\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/PhotoWeek130329rainbowflag.jpg\" alt=\"PhotoWeek130329rainbowflag\" width=\"640\" height=\"450\">On Tuesday March 26, the rainbow flag was \u003ca href=\"http://www.berkeleyside.com/2013/03/26/berkeley-marks-supreme-court-cases-with-rainbow-flag/\">raised over Berkeley City Hall\u003c/a> to mark arguments in the U.S. Supreme Court on Proposition 8. It also flew the following day, during arguments on the Defense of Marriage Act. (Lance Knobel/\u003ca href=\"http://www.berkeleyside.com/\">Berkeleyside\u003c/a>)\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-92877\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/PhotoWeek130329devilsslide.jpg\" alt=\"PhotoWeek130329devilsslide\" width=\"640\" height=\"450\">The Devil's Slide Tunnels south of Pacifica and north of Half Moon Bay are\u003ca href=\"http://science.kqed.org/quest/2013/03/25/at-last-devils-slide-tunnels-open/\"> finally open \u003c/a>after decades of environmental battles and years of construction. The tunnels are meant to solve the safety and erosion problems that have plagued that notorious stretch of Highway 1 since it was built. They consist of two bores each about 4,200 feet long and each with one lane and wide shoulder. (Jenny Oh/KQED)\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-92878\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/PhotoWeek130329exploratoriu.jpg\" alt=\"PhotoWeek130329exploratoriu\" width=\"640\" height=\"450\">San Francisco's Exploratorium is set to reopen in its new location on Pier 15 on April 17. The Bay Observatory is in a \u003ca href=\"http://science.kqed.org/quest/2013/03/22/get-a-sneak-peak-of-san-franciscos-new-exploratorium/\">newly-constructed part of the building\u003c/a>. There are views of San Francisco Bay on one side, and the Transamerica Pyramid on the other. (David Livingston/EHDD)\u003cbr>\n\u003c!--more-->\u003cbr>\n\u003cimg class=\"aligncenter size-full wp-image-92879\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/bay-bridge-bolts.jpg\" alt=\"bay bridge bolts\" width=\"640\" height=\"450\">Steel rods on the new eastern span of the Oakland-San Francisco Bay bridge were found broken when workers returned to check fittings. Engineers still aren't sure \u003ca href=\"http://ww2.kqed.org/news/2013/03/28/engineers-zero-in-on-bay-bridge-broken-bolt-solutions/\">how they will fix \u003c/a>the problem. (Deborah Svoboda/KQED)\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-92885\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/PhotoWeek130329traindeath.jpg\" alt=\"PhotoWeek130329traindeath\" width=\"640\" height=\"450\">Donae James Johnican, a 16-year-old Lincoln High School student, was struck and killed by a train last week. More than 300 family, students, and community members from San Jose came together at a vigil to remember and celebrate this promising musician and talented young artist. He was remembered by his uncle as “giving his love easily and to everyone.” (Charisse Domingo/\u003ca href=\"http://www.sjbeez.org/\">San Jose Beez\u003c/a>)\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp style=\"text-align: left\">\u003ca href=\"http://www.flickr.com/photos/berkboy/\">\u003cimg class=\"aligncenter size-full wp-image-92886\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/PhotoWeek130329baseball.jpg\" alt=\"PhotoWeek130329baseball\" width=\"640\" height=\"450\">\u003c/a>Cal baseball has 121 years of history, including 80 at Evans Diamond in Berkeley. But the team added to the annals of history on Thursday night with its \u003ca href=\"http://www.berkeleyside.com/2013/03/29/fiat-lux-cal-baseball-debuts-under-the-lights-after-121-years/\">first-ever night game under lights\u003c/a> at Evans. Two years ago, the baseball team was facing extinction, the victim of athletic department cuts. Team alumni and supporters rallied to raise the money to keep it going and fund the lights. (\u003ca href=\"http://www.flickr.com/photos/berkboy/\">Ted Friedman\u003c/a>/\u003ca href=\"http://www.berkeleyside.com/\">Berkeleyside\u003c/a>)\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-92884\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/hinkley.jpg\" alt=\"hinkley\" width=\"639\" height=\"450\">Crews are demolishing houses as hundreds of families move out of Hinkley to escape chromium 6 pollution in the water. (Chris Richard/KQED)\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cimg class=\"aligncenter size-full wp-image-92874\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/Prop8.jpg\" alt=\"Prop8\" width=\"640\" height=\"450\">Crowds of people outside the Supreme Court in Washington, D.C protest the \u003ca href=\"http://ww2.kqed.org/news/2013/03/27/doma-oral-arguments-explained/\">Defense of Marriage Act\u003c/a> on Wednesday, March 27. (Jacob Fenston/KQED)\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-92876\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/PhotoWeek130329rainbowflag.jpg\" alt=\"PhotoWeek130329rainbowflag\" width=\"640\" height=\"450\">On Tuesday March 26, the rainbow flag was \u003ca href=\"http://www.berkeleyside.com/2013/03/26/berkeley-marks-supreme-court-cases-with-rainbow-flag/\">raised over Berkeley City Hall\u003c/a> to mark arguments in the U.S. Supreme Court on Proposition 8. It also flew the following day, during arguments on the Defense of Marriage Act. (Lance Knobel/\u003ca href=\"http://www.berkeleyside.com/\">Berkeleyside\u003c/a>)\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-92877\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/PhotoWeek130329devilsslide.jpg\" alt=\"PhotoWeek130329devilsslide\" width=\"640\" height=\"450\">The Devil's Slide Tunnels south of Pacifica and north of Half Moon Bay are\u003ca href=\"http://science.kqed.org/quest/2013/03/25/at-last-devils-slide-tunnels-open/\"> finally open \u003c/a>after decades of environmental battles and years of construction. The tunnels are meant to solve the safety and erosion problems that have plagued that notorious stretch of Highway 1 since it was built. They consist of two bores each about 4,200 feet long and each with one lane and wide shoulder. (Jenny Oh/KQED)\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-92878\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/PhotoWeek130329exploratoriu.jpg\" alt=\"PhotoWeek130329exploratoriu\" width=\"640\" height=\"450\">San Francisco's Exploratorium is set to reopen in its new location on Pier 15 on April 17. The Bay Observatory is in a \u003ca href=\"http://science.kqed.org/quest/2013/03/22/get-a-sneak-peak-of-san-franciscos-new-exploratorium/\">newly-constructed part of the building\u003c/a>. There are views of San Francisco Bay on one side, and the Transamerica Pyramid on the other. (David Livingston/EHDD)\u003cbr>\n\u003c!--more-->\u003cbr>\n\u003cimg class=\"aligncenter size-full wp-image-92879\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/bay-bridge-bolts.jpg\" alt=\"bay bridge bolts\" width=\"640\" height=\"450\">Steel rods on the new eastern span of the Oakland-San Francisco Bay bridge were found broken when workers returned to check fittings. Engineers still aren't sure \u003ca href=\"http://ww2.kqed.org/news/2013/03/28/engineers-zero-in-on-bay-bridge-broken-bolt-solutions/\">how they will fix \u003c/a>the problem. (Deborah Svoboda/KQED)\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-92885\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/PhotoWeek130329traindeath.jpg\" alt=\"PhotoWeek130329traindeath\" width=\"640\" height=\"450\">Donae James Johnican, a 16-year-old Lincoln High School student, was struck and killed by a train last week. More than 300 family, students, and community members from San Jose came together at a vigil to remember and celebrate this promising musician and talented young artist. He was remembered by his uncle as “giving his love easily and to everyone.” (Charisse Domingo/\u003ca href=\"http://www.sjbeez.org/\">San Jose Beez\u003c/a>)\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp style=\"text-align: left\">\u003ca href=\"http://www.flickr.com/photos/berkboy/\">\u003cimg class=\"aligncenter size-full wp-image-92886\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/PhotoWeek130329baseball.jpg\" alt=\"PhotoWeek130329baseball\" width=\"640\" height=\"450\">\u003c/a>Cal baseball has 121 years of history, including 80 at Evans Diamond in Berkeley. But the team added to the annals of history on Thursday night with its \u003ca href=\"http://www.berkeleyside.com/2013/03/29/fiat-lux-cal-baseball-debuts-under-the-lights-after-121-years/\">first-ever night game under lights\u003c/a> at Evans. Two years ago, the baseball team was facing extinction, the victim of athletic department cuts. Team alumni and supporters rallied to raise the money to keep it going and fund the lights. (\u003ca href=\"http://www.flickr.com/photos/berkboy/\">Ted Friedman\u003c/a>/\u003ca href=\"http://www.berkeleyside.com/\">Berkeleyside\u003c/a>)\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-92884\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/hinkley.jpg\" alt=\"hinkley\" width=\"639\" height=\"450\">Crews are demolishing houses as hundreds of families move out of Hinkley to escape chromium 6 pollution in the water. (Chris Richard/KQED)\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Berkeley Commission Probes Police Role in Transgender Woman's Death",
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"content": "\u003cp>Paranoid, schizophrenic and transgender, Kayla Moore followed a difficult path through life. That path ended abruptly when she died after Berkeley Police took her into custody the night of Feb. 12.\u003c/p>\n\u003cfigure id=\"attachment_92830\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/28/berkeley-investigators-probe-police-role-in-transgender-womans-death/police-cruiser-thinkstock-3/\" rel=\"attachment wp-att-92830\">\u003cimg class=\"size-medium wp-image-92830\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/police-cruiser-thinkstock2-300x225.jpg\" alt=\"police cruiser thinkstock\" width=\"300\" height=\"225\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">(Thinkstock)\u003c/figcaption>\u003c/figure>\n\u003cp>Now the \u003ca href=\"http://ci.berkeley.ca.us/prc/\">Berkeley Police Review Commission\u003c/a> wants to know exactly how Moore died and what it might mean for the way the department deals with transgender people and with the mentally ill. On Wednesday night the commission voted unanimously to investigate the case.\u003c/p>\n\u003cp>But even before it started, the investigation has run into serious obstacles. The police are conducting their own investigation, and a Berkeley ordinance prevents a commission investigation from beginning until criminal investigations are complete.\u003c/p>\n\u003cp>“It will be stayed by our regulations pending the investigation by the Berkeley Police Department, which is a little ridiculous,” Commissioner Seth Morris said. “But it sounds like that’s what our regulations are. Until we rewrite the book, that’s where we are.”\u003c!--more-->\u003c/p>\n\u003cp>The commission did file a formal complaint, the first step toward an investigation. The complaint had to be filed within 90 days of the incident.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Berkeley Police Department has released few details about officers’ response to Moore’s apartment. Berkeley Police Chief Michael Meehan said three official investigations are pending – one criminal, one internal policy and training, and a third investigation into Moore’s cause of death by the \u003ca href=\"https://www.alamedacountysheriff.org/cws_coroners.php\">Alameda County Coroner\u003c/a>.\u003c/p>\n\u003cp>The police have also refused to release basic information about the nature of officers’ encounter with Moore, citing their ongoing investigations. A Feb. 13 department \u003ca href=\"http://www.ci.berkeley.ca.us/uploadedFiles/Police/Level_3_-_General/Subject%20Dies%20Following%20Struggle%20With%20Police.pdf\">press release\u003c/a> said police responded to a disturbance at Moore’s downtown Berkeley apartment, and Moore “became increasingly uncooperative to the officer’s verbal commands and began to scream and violently resist.” Officer’s struggled with Moore, and then placed her “in restraints.” They later determined she had stopped breathing and initiated CPR.\u003c/p>\n\u003cp>The account raised a lot of questions for Moore’s family and friends, who often refer to Kayla by her given name Xavier and use the male pronoun.\u003c/p>\n\u003cp>Moore’s sister, Maria Moore, said Berkeley Police knew Moore’s history.\u003c/p>\n\u003cp>“Berkeley was well aware of Xavier’s issues,” she said. “I don’t know the circumstances that happened that night, but mental health wasn’t there for him. They needed that aspect to help calm him down, to help communicate with him. You’re dealing with someone who’s paranoid, who trusts no one, and you have the police there?”\u003c/p>\n\u003cp>“He had his issues, psychiatric and some drug addiction issues, but he was a gentle soul,” said Carl Butler, the longtime boyfriend of Moore’s sister. “He spent more time taking care of other people than he did himself. Unless prompted, he was never aggressive, which leads to so many questions about the actions of the Berkeley PD that night.”\u003c/p>\n\u003cp>At the meeting, Butler pressed Meehan on the fact that officers who responded to Moore’s apartment have been removed from administrative leave and are back on their beats, but Meehan offered no explanation.\u003c/p>\n\u003cp>“My main concern at this point in time, other than the lack of information being shared with us, is the fact that the police officers involved are back on duty, which shows me that there has been an internal investigation completed,” Butler said. “How come the chief couldn’t share findings of that investigation this evening?”\u003c/p>\n\u003cp>Berkeley Police spokeswoman Officer Jennifer Coats said the officers had served the set period of time defined by department policy on administrative leave, and had since been put back on their beats. She did not know how long that period is or who makes the administrative decision to reinstate officers.\u003c/p>\n\u003cp>Maria Moore said her sibling defied stereotypes that may come to mind for people diagnosed with paranoid schizophrenia.\u003c/p>\n\u003cp>“Xavier had a great bubbly personality,” she said. “He was a ditzy bleach blond in a 300 pound black man’s body. He was just so, loving life. He loved everybody. He was just very innocent, childlike.”\u003c/p>\n\u003cp>Meehan refused to offer a timeline to the commission for completing any of the investigations, saying at one point they would have to wait for a complete coroner’s report, which can take more than three months, according to the Coroner’s office.\u003c/p>\n\u003cp>“The coroner’s office doesn’t work for us,” Meehan said to the commission. “They are completely independent, and they operate on the timeline that they operate on. We have spoken with them, but we have no influence over them.”\u003c/p>\n\u003cp>However, a coroner’s office representative, speaking on the condition of anonymity, said Berkeley police requested they share no preliminary information about Moore’s death, including details about the autopsy.\u003c/p>\n\u003cp>The \u003ca href=\"http://www.alcoda.org/\">Alameda County District Attorney’s\u003c/a> office is aware of the police department’s investigations, but the office itself doesn’t automatically review in-custody deaths like they do officer involved shootings that result in a death, the D.A.’s public information officer Teresa Drenick said.\u003c/p>\n\u003cp>Andrea Prichett, a founding member of \u003ca href=\"http://www.berkeleycopwatch.org/\">Berkeley Copwatch\u003c/a> who has been investigating Moore’s death, said the Berkeley Police Department’s lack of transparency is alarming.\u003c/p>\n\u003cp>“The fact is, with the decline in mental health services, police departments across the country have found themselves dealing with mental health crises that they’re not trained to deal with,” she said. “And across the country they’re being dealt with with lethal consequences.”\u003c/p>\n\u003cp>Berkeley Mental Health Commissioner Paul Kealoha-Blake told the police review commission that Berkeley’s strategy regarding mental illness had fallen behind the times, and he advocated a greater commitment to \u003ca href=\"http://www.memphispolice.org/Crisis%20Intervention.htm\">Crisis Intervention Training\u003c/a> for police officers. The CIT model trains officers in de-escalation techniques for confrontations with people who may be mentally ill.\u003c/p>\n\u003cp>Berkeley Police spokeswoman Officer Jennifer Coats said the department now has eight CIT certified officers and are working on expanding the training.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“I’m a real supporter of CIT,” Kealoha-Blake said. “It is my hope that Berkeley not only adopts and works in Crisis Intervention Training but we work at it hard and long and provide a model for how it should work. We’re not there yet.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Paranoid, schizophrenic and transgender, Kayla Moore followed a difficult path through life. That path ended abruptly when she died after Berkeley Police took her into custody the night of Feb. 12.\u003c/p>\n\u003cfigure id=\"attachment_92830\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/28/berkeley-investigators-probe-police-role-in-transgender-womans-death/police-cruiser-thinkstock-3/\" rel=\"attachment wp-att-92830\">\u003cimg class=\"size-medium wp-image-92830\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/police-cruiser-thinkstock2-300x225.jpg\" alt=\"police cruiser thinkstock\" width=\"300\" height=\"225\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">(Thinkstock)\u003c/figcaption>\u003c/figure>\n\u003cp>Now the \u003ca href=\"http://ci.berkeley.ca.us/prc/\">Berkeley Police Review Commission\u003c/a> wants to know exactly how Moore died and what it might mean for the way the department deals with transgender people and with the mentally ill. On Wednesday night the commission voted unanimously to investigate the case.\u003c/p>\n\u003cp>But even before it started, the investigation has run into serious obstacles. The police are conducting their own investigation, and a Berkeley ordinance prevents a commission investigation from beginning until criminal investigations are complete.\u003c/p>\n\u003cp>“It will be stayed by our regulations pending the investigation by the Berkeley Police Department, which is a little ridiculous,” Commissioner Seth Morris said. “But it sounds like that’s what our regulations are. Until we rewrite the book, that’s where we are.”\u003c!--more-->\u003c/p>\n\u003cp>The commission did file a formal complaint, the first step toward an investigation. The complaint had to be filed within 90 days of the incident.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Berkeley Police Department has released few details about officers’ response to Moore’s apartment. Berkeley Police Chief Michael Meehan said three official investigations are pending – one criminal, one internal policy and training, and a third investigation into Moore’s cause of death by the \u003ca href=\"https://www.alamedacountysheriff.org/cws_coroners.php\">Alameda County Coroner\u003c/a>.\u003c/p>\n\u003cp>The police have also refused to release basic information about the nature of officers’ encounter with Moore, citing their ongoing investigations. A Feb. 13 department \u003ca href=\"http://www.ci.berkeley.ca.us/uploadedFiles/Police/Level_3_-_General/Subject%20Dies%20Following%20Struggle%20With%20Police.pdf\">press release\u003c/a> said police responded to a disturbance at Moore’s downtown Berkeley apartment, and Moore “became increasingly uncooperative to the officer’s verbal commands and began to scream and violently resist.” Officer’s struggled with Moore, and then placed her “in restraints.” They later determined she had stopped breathing and initiated CPR.\u003c/p>\n\u003cp>The account raised a lot of questions for Moore’s family and friends, who often refer to Kayla by her given name Xavier and use the male pronoun.\u003c/p>\n\u003cp>Moore’s sister, Maria Moore, said Berkeley Police knew Moore’s history.\u003c/p>\n\u003cp>“Berkeley was well aware of Xavier’s issues,” she said. “I don’t know the circumstances that happened that night, but mental health wasn’t there for him. They needed that aspect to help calm him down, to help communicate with him. You’re dealing with someone who’s paranoid, who trusts no one, and you have the police there?”\u003c/p>\n\u003cp>“He had his issues, psychiatric and some drug addiction issues, but he was a gentle soul,” said Carl Butler, the longtime boyfriend of Moore’s sister. “He spent more time taking care of other people than he did himself. Unless prompted, he was never aggressive, which leads to so many questions about the actions of the Berkeley PD that night.”\u003c/p>\n\u003cp>At the meeting, Butler pressed Meehan on the fact that officers who responded to Moore’s apartment have been removed from administrative leave and are back on their beats, but Meehan offered no explanation.\u003c/p>\n\u003cp>“My main concern at this point in time, other than the lack of information being shared with us, is the fact that the police officers involved are back on duty, which shows me that there has been an internal investigation completed,” Butler said. “How come the chief couldn’t share findings of that investigation this evening?”\u003c/p>\n\u003cp>Berkeley Police spokeswoman Officer Jennifer Coats said the officers had served the set period of time defined by department policy on administrative leave, and had since been put back on their beats. She did not know how long that period is or who makes the administrative decision to reinstate officers.\u003c/p>\n\u003cp>Maria Moore said her sibling defied stereotypes that may come to mind for people diagnosed with paranoid schizophrenia.\u003c/p>\n\u003cp>“Xavier had a great bubbly personality,” she said. “He was a ditzy bleach blond in a 300 pound black man’s body. He was just so, loving life. He loved everybody. He was just very innocent, childlike.”\u003c/p>\n\u003cp>Meehan refused to offer a timeline to the commission for completing any of the investigations, saying at one point they would have to wait for a complete coroner’s report, which can take more than three months, according to the Coroner’s office.\u003c/p>\n\u003cp>“The coroner’s office doesn’t work for us,” Meehan said to the commission. “They are completely independent, and they operate on the timeline that they operate on. We have spoken with them, but we have no influence over them.”\u003c/p>\n\u003cp>However, a coroner’s office representative, speaking on the condition of anonymity, said Berkeley police requested they share no preliminary information about Moore’s death, including details about the autopsy.\u003c/p>\n\u003cp>The \u003ca href=\"http://www.alcoda.org/\">Alameda County District Attorney’s\u003c/a> office is aware of the police department’s investigations, but the office itself doesn’t automatically review in-custody deaths like they do officer involved shootings that result in a death, the D.A.’s public information officer Teresa Drenick said.\u003c/p>\n\u003cp>Andrea Prichett, a founding member of \u003ca href=\"http://www.berkeleycopwatch.org/\">Berkeley Copwatch\u003c/a> who has been investigating Moore’s death, said the Berkeley Police Department’s lack of transparency is alarming.\u003c/p>\n\u003cp>“The fact is, with the decline in mental health services, police departments across the country have found themselves dealing with mental health crises that they’re not trained to deal with,” she said. “And across the country they’re being dealt with with lethal consequences.”\u003c/p>\n\u003cp>Berkeley Mental Health Commissioner Paul Kealoha-Blake told the police review commission that Berkeley’s strategy regarding mental illness had fallen behind the times, and he advocated a greater commitment to \u003ca href=\"http://www.memphispolice.org/Crisis%20Intervention.htm\">Crisis Intervention Training\u003c/a> for police officers. 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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“I’m a real supporter of CIT,” Kealoha-Blake said. “It is my hope that Berkeley not only adopts and works in Crisis Intervention Training but we work at it hard and long and provide a model for how it should work. We’re not there yet.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>U.S. Supreme Court justices heard arguments for almost two hours on the federal Defense of Marriage Act Wednesday morning. The court covered wide ground, once again spending a significant amount of time on the topic of standing. This time the questions centered around whether the Bipartisan Legal Advisory Group (BLAG), under the leadership of House Speaker John Boehner, R-Ohio, had the legal right to sue. As in Proposition 8, the standing question could give the court the option to avoid the case by ruling that it should not have gone through the court system.\u003c/p>\n\u003cfigure id=\"attachment_92735\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/27/doma-oral-arguments-explained/visitors-an-employees-arrive-at-the-us-s/\" rel=\"attachment wp-att-92735\">\u003cimg class=\"size-medium wp-image-92735\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/RS2263_SupremeCourt100311-300x205.jpg\" alt=\"Supreme Court (Paul J. Richards/AFP/Getty Images)\" width=\"300\" height=\"205\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Supreme Court (Paul J. Richards/AFP/Getty Images) \u003ccite>(Paul J. Richards/AFP-Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The justices also spent time on whether the federal government should be in the marriage business at all, or if that should be left to the states. Several justices also challenged President Obama's 2011 decision to stop upholding DOMA, and what kinds of precedent that sets. Solicitor General Donald Verrilli Jr. often tried to bring up the equal protection clause, and whether it applies to gays and lesbians. However, the court often took that question and went back to federal versus states legal rights.\u003c/p>\n\u003cp>UC Davis Law Professor Vikram Amar discussed the oral arguments with KQED News.\u003c/p>\n\u003cp>\u003cstrong>Standing\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> If one is going to read tea leaves based on the oral argument, it seems as if the court is not inclined to do something huge, in striking down the laws of 40 states that currently prohibit same-sex marriage. My big takeaway from this has always been: The court did not really want to take these cases. … They may end up doing nothing at all, because both cases may get resolved on procedural standing grounds.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The basic idea is courts exist to decide crisp disputes, not just answer questions everyone wants answered. So unless you have somebody who is a plaintiff who has a lot at stake, and you have a defendant who is an appropriate defendant, then the court simply should not be able to render a ruling.\u003c/p>\n\u003cp>[At question is] whether [BLAG] is an appropriate representative of the Congress that passed the DOMA. Let’s say that the House of Representatives had not stepped in to defend DOMA, say some conservative pro-marriage group did. Now, it is Windsor against the United States, the United States is not defending, the House, the Senate, no one in the government is defending. But someone who likes the DOMA steps in and says, \"I’ll defend it.\" We clearly would not allow a court to resolve that case on the merits because we would not have confidence that that outside group that wants to defend DOMA would do the right kind of job, given that they are not a valid representative of the people and the Congress that passed the DOMA.\u003c!--more-->\u003c/p>\n\u003cblockquote>\u003cp>JUSTICE SOTOMAYOR: Can you tell me where the authorization is here? I know that there is a statute that gives the Senate specifically authorization to intervene and that there was consideration of extending that right to the House. But the appointment of BLAG is strange to me, because it's not in a statute, it's in a House rule.\u003c/p>\n\u003cp>So where -- how does that constitute anything other than a private agreement among some Senators, the House leadership? And where -- from where do they derive the right, the statutory right, to take on the power of representing the House in items outside of the House? I know they control the procedures within the House, but that's a very different step from saying that they can decide who or to create standing in some way, prudential or otherwise, Article III or otherwise.\u003c/p>\n\u003cp>MR. CLEMENT: Well, Justice Sotomayor, I can point you to two places. One is the House rules that are pursuant to the rulemaking authority and approved by the institution. They're approved in every Congress. Rule 2.8.\u003c/p>\n\u003cp>JUSTICE SOTOMAYOR: What other House Rule creates the power of the majority leaders to represent the House outside of the functions of the House?\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Can the President Choose Not to Uphold the Law?\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> Historically [how it works for] the president and the Department of Justice in Washington, D.C., is that when a law is passed by Congress, even over a presidential veto, and is later challenged in court as being unconstitutional, that the executive branch of the United States views it as its job to defend what Congress has done and it will provide a vigorous defense in court. Unless the law is patently unconstitutional and no reasonable person could think there is a defense. So the president over the years has personally defended all sorts of laws he thinks are unconstitutional.\u003c/p>\n\u003cp>President Obama did not follow that general historical practice here, and hasn’t fully explained why this is an appropriate exception. That’s what Chief Justice Roberts and Justice Scalia were frustrated by, because then a statute can die on the vine simply because the President is not enforcing it and yet no court has ever weighed in to invalidate it because there’s no case in which a case could do so. That gives a lot of power and discretion to the president.\u003c/p>\n\u003cp>\u003cem>Chadha\u003c/em> is a case in which Congress passed a law that basically limited the president’s authority and enhanced Congress’s authority. Congress used that authority to deport a man named Mr. Chadha. He objected to this law on the ground that it … was a usurpation of authority by Congress. So, Chadha sued the federal government, the INS who was going to deport him and the president, through the attorney general, agreed with Mr. Chadha…So when the case was litigated you have the same situation you have in Prop. 8 and the DOMA, you have the executive branch on the side of the challenger rather than on the side of defending the legislative enactment. So the question is whether if \u003cem>Chadha\u003c/em> was a case that was appropriate for Supreme Court resolution, why shouldn’t the DOMA case be similar.\u003c/p>\n\u003cp>But there are some important distinctions, so if it wants to [the court] can get rid of the case on standing grounds, and dooesn't have to overrule the \u003cem>Chadha\u003c/em> case, it just has to limit the \u003cem>Chadha\u003c/em> ruling.\u003c/p>\n\u003cblockquote>\u003cp>CHIEF JUSTICE ROBERTS: No, it's not just - it's not unusual. It's totally unprecedented.\u003c/p>\n\u003cp>MR. SRINIVASAN: Well, it's totally unprecedented in one respect, Your Honor. If you look at Chadha -- okay, the second point I'd make. Let me make one point at the outset, though, which is that whether it's totally unusual or largely unusual, I grant you that it doesn't happen. But the reason it doesn't happen is because -- I wouldn't confuse a numerator with a denominator. This set of circumstances just doesn't arise very often.\u003c/p>\n\u003cp>Now, it's true that when this set of circumstances -\u003c/p>\n\u003cp>JUSTICE SCALIA: It has not arisen very often in the past, because in the past, when I was at the Office of Legal Counsel, there was an opinion of the Office of Legal Counsel which says that the Attorney General will defend the laws of the United States, except in two circumstances: Number one, where the basis for the alleged unconstitutionality has to do with presidential powers. When the presidential powers are involved, he's the lawyer for the President. So he can say, we think the statute's unconstitutional, I won't defend it.\u003c/p>\n\u003cp>The second situation is where no possible rational argument could be made in defense of it. Now, neither of those situations exists here. And I'm wondering if we're living in this new world where the Attorney General can simply decide, yeah, it's unconstitutional, but it's not so unconstitutional that I'm not willing to enforce it, if we're in this new world, I -- I don't want these cases like this to come before this Court all the time.\u003c/p>\n\u003cp>And I think they will come all the time if that's -- if that's -- if that's the new regime in the Justice Department that we're dealing with.\u003c/p>\n\u003cp>…\u003c/p>\n\u003cp>CHIEF JUSTICE ROBERTS: I would have thought your answer would be that the Executive's obligation to execute the law includes the obligation to execute the law consistent with the Constitution. And if he has made a determination that executing the law by enforcing the terms is unconstitutional, I don't see why he doesn't have the courage of his convictions and execute not only the statute, but do it consistent with his view of the Constitution, rather than saying, oh, we'll wait till the Supreme Court tells us we have no choice.\u003c/p>\n\u003cp>…\u003c/p>\n\u003cp>JUSTICE ALITO: Well, how are you aggrieved? \"Aggrieved\" means that you are deprived of your legal rights. And you don't think that you've been deprived of your legal rights because your rights -- your obligations under the Constitution supercede DOMA, and you haven't been deprived of anything that you're entitled to under the Constitution. So how are you aggrieved?\u003c/p>\n\u003cp>MR. SRINIVASAN: I guess we'd -- I'd subscribe to the aggrievement analysis that the Court made in Chadha at pages 929 to 931 of its opinion. And what the Court said is this: \"When an agency of the United States is a party to a case in which an act of Congress that it administers is held unconstitutional, it is an aggrieved party. The agency's status as an aggrieved party is not altered by the fact that the Executive may agree with the holding that the statute in question is unconstitutional.\" That description is on all fours with the circumstances of this case.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Federalism\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> Would the federal government be stepping on the toes of the states by treating same-sex couples as married, even when those couples were not treated as married in that state? Those are the kinds of questions that really probe this federalism rationale. How much is marriage an exclusive domain of the states? And is the federal government really out of its arena? To say that the federal government always has to defer to the states, or generally defer to the states in these marital arenas would be a big step, but at least is a step that does not resolve the meta-question here about whether the 40-odd states that ban same-sex marriage would have to change what they’re doing.\u003c/p>\n\u003cblockquote>\u003cp>JUSTICE KENNEDY: Well, I think -- I think it is a DOMA problem. The question is whether or not the Federal government, under our federalism scheme, has the authority to regulate marriage.\u003c/p>\n\u003cp>…\u003c/p>\n\u003cp>JUSTICE KENNEDY: Well, it applies to over what, 1,100 Federal laws, I think we are saying. So it's not -- it's -- it's -- I think there is quite a bit to your argument that if the tax deduction case, which is specific, whether or not if Congress has the power it can exercise it for the reason that it wants, that it likes some marriage it does like, I suppose it can do that.\u003c/p>\n\u003cp>But when it has 1,100 laws, which in our society means that the Federal Government is intertwined with the citizens' day-to-day life, you are at -- at real risk of running in conflict with what has always been thought to be the essence of the State police power, which is to regulate marriage, divorce, custody.\u003c/p>\n\u003cp>…\u003c/p>\n\u003cp>JUSTICE GINSBURG: They're not -- they're not a question of additional benefits. I mean, they touch every aspect of life. Your partner is sick. Social Security. I mean, it's pervasive. It's not as though, well, there's this little Federal sphere and it's only a tax question.\u003c/p>\n\u003cp>It's -- it's -- as Justice Kennedy said, 1,100 statutes, and it affects every area of life. And so he was really diminishing what the State has said is marriage. You're saying, no, State said two kinds of marriage; the full marriage, and then this sort of skim milk marriage.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Equal Protection\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar\u003c/strong>: The equal protection idea in the Constitution, and it’s in the 14\u003csup>th\u003c/sup> Amendment and it’s also in the Fifth Amendment, is not a command that government always treat everybody identically, because that would make no sense. Every law that government passes treats some persons or things than other persons or things. Every law does that.\u003c/p>\n\u003cp>The question is what kind of basis for differentiating people is valid. It’s certainly OK to treat criminals differently than non-criminals; the former go to jail, the latter do not. It’s also certainly not OK to treat ethnic minorities differently than whites without a really strong justification. So why is it OK to treat criminals different than non-criminals, but not OK to treat blacks differently than whites?\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Those are the big questions in equal protection and how do they apply to a group like gays and lesbians. Are they more like racial minorities or are they more properly analogous to other groups in society that don’t benefit from any special judicial protection? So the equal protection idea requires the courts figure out which kinds of groups should not be treated differently based on some group characteristic.\u003c/p>\n\u003cblockquote>\u003cp> GENERAL VERRILLI: Well, with respect to Section 3 of DOMA, the problem is an equal protection problem from the point of view of the United States.\u003c/p>\n\u003cp>JUSTICE KAGAN: Yes, but, General, surely the question of what the Federal interests are and whether those Federal interests should take account of the historic State prerogatives in this area is relevant to the equal protection inquiry?\u003c/p>\n\u003cp>GENERAL VERRILLI: It's central to the inquiry, Justice Kagan. I completely agree with that point.\u003c/p>\n\u003cp>CHIEF JUSTICE ROBERTS: Oh, so it would be central to the inquiry if Congress went the other way, too?\u003c/p>\n\u003cp>GENERAL VERRILLI: Well, the difference is what Section 3 does is impose this exclusion from Federal benefits on a class that has undeniably been subject to a history of terrible discrimination on the basis of –\u003c/p>\n\u003cp>CHIEF JUSTICE ROBERTS: I understand that. That's your equal protection argument. It's not very responsive to my concern I'm trying to get an answer to. You don't think federalism concerns come into play at all in this, right?\u003c/p>\u003c/blockquote>\n\n",
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"excerpt": "For almost two hours Supreme Court justices heard arguments on the federal Defense of Marriage Act. The court covered wide ground, once again spending a significant amount of time on the topic of standing. This time the questions were around whether the Bipartisan Legal Advisory Group (BLAG), under the leadership of House Speaker John Boehner, R-Ohio, had the legal right to sue. As in Proposition 8, the standing question could give the court the option to avoid the case by ruling that it should not have gone through the court system.\r\n\r\n\u003cimg class=\"size-medium wp-image-92735\" src=\"http://ww2.kqed.org/news/files/2013/03/RS2263_SupremeCourt100311-300x205.jpg\" alt=\"Supreme Court (Paul J. Richards/AFP/Getty Images)\" width=\"300\" height=\"205\" style=\"padding:10px 10px 10px 10px\" align=\"left\" />\u003c/a> \r\n\r\nThe justices also spent time on whether the federal government should be in the marriage business at all, or if that should be left to the states. Several justices also challenged President Barack Obama's 2011 decision to stop upholding DOMA, and what kinds of precedent that sets. Solicitor General Solicitor General Donald Verrilli Jr. often tried to bring up the equal protection clause, and whether it applies to gays and lesbians. However, the court often took that question and went back to federal versus states legal rights.\r\n\u003ch3>UC Davis Law Professor Vikram Amar discussed the oral arguments with KQED News.\u003c/h3>\r\n\u003cstrong>Standing\u003c/strong>\r\n\r\n\u003cstrong>Amar:\u003c/strong> If one is going to read tea leaves based on the oral argument, it seems as if the court is not inclined to do something huge, in striking down the laws of 40 states that currently prohibit same-sex marriage. My big take-away from this has always been, the court did not really want to take these cases. … They may end up doing nothing at all, because both cases may get resolved on procedural standing grounds.\r\n\r\nThe basic idea is courts exist to decide crisp disputes, not just answer questions everyone wants answered. So unless you have somebody who is a plaintiff who has a lot at stake, and you have a defendant who is an appropriate defendant, then the court simply should not be able to render a ruling.",
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"description": "For almost two hours Supreme Court justices heard arguments on the federal Defense of Marriage Act. The court covered wide ground, once again spending a significant amount of time on the topic of standing. This time the questions were around whether the Bipartisan Legal Advisory Group (BLAG), under the leadership of House Speaker John Boehner, R-Ohio, had the legal right to sue. As in Proposition 8, the standing question could give the court the option to avoid the case by ruling that it should not have gone through the court system.\r\n\r\n \r\n\r\nThe justices also spent time on whether the federal government should be in the marriage business at all, or if that should be left to the states. Several justices also challenged President Barack Obama's 2011 decision to stop upholding DOMA, and what kinds of precedent that sets. Solicitor General Solicitor General Donald Verrilli Jr. often tried to bring up the equal protection clause, and whether it applies to gays and lesbians. However, the court often took that question and went back to federal versus states legal rights.\r\nUC Davis Law Professor Vikram Amar discussed the oral arguments with KQED News.\r\nStanding\r\n\r\nAmar: If one is going to read tea leaves based on the oral argument, it seems as if the court is not inclined to do something huge, in striking down the laws of 40 states that currently prohibit same-sex marriage. My big take-away from this has always been, the court did not really want to take these cases. … They may end up doing nothing at all, because both cases may get resolved on procedural standing grounds.\r\n\r\nThe basic idea is courts exist to decide crisp disputes, not just answer questions everyone wants answered. So unless you have somebody who is a plaintiff who has a lot at stake, and you have a defendant who is an appropriate defendant, then the court simply should not be able to render a ruling.",
"title": "DOMA Oral Arguments Explained | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>U.S. Supreme Court justices heard arguments for almost two hours on the federal Defense of Marriage Act Wednesday morning. The court covered wide ground, once again spending a significant amount of time on the topic of standing. This time the questions centered around whether the Bipartisan Legal Advisory Group (BLAG), under the leadership of House Speaker John Boehner, R-Ohio, had the legal right to sue. As in Proposition 8, the standing question could give the court the option to avoid the case by ruling that it should not have gone through the court system.\u003c/p>\n\u003cfigure id=\"attachment_92735\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/27/doma-oral-arguments-explained/visitors-an-employees-arrive-at-the-us-s/\" rel=\"attachment wp-att-92735\">\u003cimg class=\"size-medium wp-image-92735\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/RS2263_SupremeCourt100311-300x205.jpg\" alt=\"Supreme Court (Paul J. Richards/AFP/Getty Images)\" width=\"300\" height=\"205\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Supreme Court (Paul J. Richards/AFP/Getty Images) \u003ccite>(Paul J. Richards/AFP-Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The justices also spent time on whether the federal government should be in the marriage business at all, or if that should be left to the states. Several justices also challenged President Obama's 2011 decision to stop upholding DOMA, and what kinds of precedent that sets. Solicitor General Donald Verrilli Jr. often tried to bring up the equal protection clause, and whether it applies to gays and lesbians. However, the court often took that question and went back to federal versus states legal rights.\u003c/p>\n\u003cp>UC Davis Law Professor Vikram Amar discussed the oral arguments with KQED News.\u003c/p>\n\u003cp>\u003cstrong>Standing\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> If one is going to read tea leaves based on the oral argument, it seems as if the court is not inclined to do something huge, in striking down the laws of 40 states that currently prohibit same-sex marriage. My big takeaway from this has always been: The court did not really want to take these cases. … They may end up doing nothing at all, because both cases may get resolved on procedural standing grounds.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The basic idea is courts exist to decide crisp disputes, not just answer questions everyone wants answered. So unless you have somebody who is a plaintiff who has a lot at stake, and you have a defendant who is an appropriate defendant, then the court simply should not be able to render a ruling.\u003c/p>\n\u003cp>[At question is] whether [BLAG] is an appropriate representative of the Congress that passed the DOMA. Let’s say that the House of Representatives had not stepped in to defend DOMA, say some conservative pro-marriage group did. Now, it is Windsor against the United States, the United States is not defending, the House, the Senate, no one in the government is defending. But someone who likes the DOMA steps in and says, \"I’ll defend it.\" We clearly would not allow a court to resolve that case on the merits because we would not have confidence that that outside group that wants to defend DOMA would do the right kind of job, given that they are not a valid representative of the people and the Congress that passed the DOMA.\u003c!--more-->\u003c/p>\n\u003cblockquote>\u003cp>JUSTICE SOTOMAYOR: Can you tell me where the authorization is here? I know that there is a statute that gives the Senate specifically authorization to intervene and that there was consideration of extending that right to the House. But the appointment of BLAG is strange to me, because it's not in a statute, it's in a House rule.\u003c/p>\n\u003cp>So where -- how does that constitute anything other than a private agreement among some Senators, the House leadership? And where -- from where do they derive the right, the statutory right, to take on the power of representing the House in items outside of the House? I know they control the procedures within the House, but that's a very different step from saying that they can decide who or to create standing in some way, prudential or otherwise, Article III or otherwise.\u003c/p>\n\u003cp>MR. CLEMENT: Well, Justice Sotomayor, I can point you to two places. One is the House rules that are pursuant to the rulemaking authority and approved by the institution. They're approved in every Congress. Rule 2.8.\u003c/p>\n\u003cp>JUSTICE SOTOMAYOR: What other House Rule creates the power of the majority leaders to represent the House outside of the functions of the House?\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Can the President Choose Not to Uphold the Law?\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> Historically [how it works for] the president and the Department of Justice in Washington, D.C., is that when a law is passed by Congress, even over a presidential veto, and is later challenged in court as being unconstitutional, that the executive branch of the United States views it as its job to defend what Congress has done and it will provide a vigorous defense in court. Unless the law is patently unconstitutional and no reasonable person could think there is a defense. So the president over the years has personally defended all sorts of laws he thinks are unconstitutional.\u003c/p>\n\u003cp>President Obama did not follow that general historical practice here, and hasn’t fully explained why this is an appropriate exception. That’s what Chief Justice Roberts and Justice Scalia were frustrated by, because then a statute can die on the vine simply because the President is not enforcing it and yet no court has ever weighed in to invalidate it because there’s no case in which a case could do so. That gives a lot of power and discretion to the president.\u003c/p>\n\u003cp>\u003cem>Chadha\u003c/em> is a case in which Congress passed a law that basically limited the president’s authority and enhanced Congress’s authority. Congress used that authority to deport a man named Mr. Chadha. He objected to this law on the ground that it … was a usurpation of authority by Congress. So, Chadha sued the federal government, the INS who was going to deport him and the president, through the attorney general, agreed with Mr. Chadha…So when the case was litigated you have the same situation you have in Prop. 8 and the DOMA, you have the executive branch on the side of the challenger rather than on the side of defending the legislative enactment. So the question is whether if \u003cem>Chadha\u003c/em> was a case that was appropriate for Supreme Court resolution, why shouldn’t the DOMA case be similar.\u003c/p>\n\u003cp>But there are some important distinctions, so if it wants to [the court] can get rid of the case on standing grounds, and dooesn't have to overrule the \u003cem>Chadha\u003c/em> case, it just has to limit the \u003cem>Chadha\u003c/em> ruling.\u003c/p>\n\u003cblockquote>\u003cp>CHIEF JUSTICE ROBERTS: No, it's not just - it's not unusual. It's totally unprecedented.\u003c/p>\n\u003cp>MR. SRINIVASAN: Well, it's totally unprecedented in one respect, Your Honor. If you look at Chadha -- okay, the second point I'd make. Let me make one point at the outset, though, which is that whether it's totally unusual or largely unusual, I grant you that it doesn't happen. But the reason it doesn't happen is because -- I wouldn't confuse a numerator with a denominator. This set of circumstances just doesn't arise very often.\u003c/p>\n\u003cp>Now, it's true that when this set of circumstances -\u003c/p>\n\u003cp>JUSTICE SCALIA: It has not arisen very often in the past, because in the past, when I was at the Office of Legal Counsel, there was an opinion of the Office of Legal Counsel which says that the Attorney General will defend the laws of the United States, except in two circumstances: Number one, where the basis for the alleged unconstitutionality has to do with presidential powers. When the presidential powers are involved, he's the lawyer for the President. So he can say, we think the statute's unconstitutional, I won't defend it.\u003c/p>\n\u003cp>The second situation is where no possible rational argument could be made in defense of it. Now, neither of those situations exists here. And I'm wondering if we're living in this new world where the Attorney General can simply decide, yeah, it's unconstitutional, but it's not so unconstitutional that I'm not willing to enforce it, if we're in this new world, I -- I don't want these cases like this to come before this Court all the time.\u003c/p>\n\u003cp>And I think they will come all the time if that's -- if that's -- if that's the new regime in the Justice Department that we're dealing with.\u003c/p>\n\u003cp>…\u003c/p>\n\u003cp>CHIEF JUSTICE ROBERTS: I would have thought your answer would be that the Executive's obligation to execute the law includes the obligation to execute the law consistent with the Constitution. And if he has made a determination that executing the law by enforcing the terms is unconstitutional, I don't see why he doesn't have the courage of his convictions and execute not only the statute, but do it consistent with his view of the Constitution, rather than saying, oh, we'll wait till the Supreme Court tells us we have no choice.\u003c/p>\n\u003cp>…\u003c/p>\n\u003cp>JUSTICE ALITO: Well, how are you aggrieved? \"Aggrieved\" means that you are deprived of your legal rights. And you don't think that you've been deprived of your legal rights because your rights -- your obligations under the Constitution supercede DOMA, and you haven't been deprived of anything that you're entitled to under the Constitution. So how are you aggrieved?\u003c/p>\n\u003cp>MR. SRINIVASAN: I guess we'd -- I'd subscribe to the aggrievement analysis that the Court made in Chadha at pages 929 to 931 of its opinion. And what the Court said is this: \"When an agency of the United States is a party to a case in which an act of Congress that it administers is held unconstitutional, it is an aggrieved party. The agency's status as an aggrieved party is not altered by the fact that the Executive may agree with the holding that the statute in question is unconstitutional.\" That description is on all fours with the circumstances of this case.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Federalism\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> Would the federal government be stepping on the toes of the states by treating same-sex couples as married, even when those couples were not treated as married in that state? Those are the kinds of questions that really probe this federalism rationale. How much is marriage an exclusive domain of the states? And is the federal government really out of its arena? To say that the federal government always has to defer to the states, or generally defer to the states in these marital arenas would be a big step, but at least is a step that does not resolve the meta-question here about whether the 40-odd states that ban same-sex marriage would have to change what they’re doing.\u003c/p>\n\u003cblockquote>\u003cp>JUSTICE KENNEDY: Well, I think -- I think it is a DOMA problem. The question is whether or not the Federal government, under our federalism scheme, has the authority to regulate marriage.\u003c/p>\n\u003cp>…\u003c/p>\n\u003cp>JUSTICE KENNEDY: Well, it applies to over what, 1,100 Federal laws, I think we are saying. So it's not -- it's -- it's -- I think there is quite a bit to your argument that if the tax deduction case, which is specific, whether or not if Congress has the power it can exercise it for the reason that it wants, that it likes some marriage it does like, I suppose it can do that.\u003c/p>\n\u003cp>But when it has 1,100 laws, which in our society means that the Federal Government is intertwined with the citizens' day-to-day life, you are at -- at real risk of running in conflict with what has always been thought to be the essence of the State police power, which is to regulate marriage, divorce, custody.\u003c/p>\n\u003cp>…\u003c/p>\n\u003cp>JUSTICE GINSBURG: They're not -- they're not a question of additional benefits. I mean, they touch every aspect of life. Your partner is sick. Social Security. I mean, it's pervasive. It's not as though, well, there's this little Federal sphere and it's only a tax question.\u003c/p>\n\u003cp>It's -- it's -- as Justice Kennedy said, 1,100 statutes, and it affects every area of life. And so he was really diminishing what the State has said is marriage. You're saying, no, State said two kinds of marriage; the full marriage, and then this sort of skim milk marriage.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Equal Protection\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar\u003c/strong>: The equal protection idea in the Constitution, and it’s in the 14\u003csup>th\u003c/sup> Amendment and it’s also in the Fifth Amendment, is not a command that government always treat everybody identically, because that would make no sense. Every law that government passes treats some persons or things than other persons or things. Every law does that.\u003c/p>\n\u003cp>The question is what kind of basis for differentiating people is valid. It’s certainly OK to treat criminals differently than non-criminals; the former go to jail, the latter do not. It’s also certainly not OK to treat ethnic minorities differently than whites without a really strong justification. So why is it OK to treat criminals different than non-criminals, but not OK to treat blacks differently than whites?\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Those are the big questions in equal protection and how do they apply to a group like gays and lesbians. Are they more like racial minorities or are they more properly analogous to other groups in society that don’t benefit from any special judicial protection? So the equal protection idea requires the courts figure out which kinds of groups should not be treated differently based on some group characteristic.\u003c/p>\n\u003cblockquote>\u003cp> GENERAL VERRILLI: Well, with respect to Section 3 of DOMA, the problem is an equal protection problem from the point of view of the United States.\u003c/p>\n\u003cp>JUSTICE KAGAN: Yes, but, General, surely the question of what the Federal interests are and whether those Federal interests should take account of the historic State prerogatives in this area is relevant to the equal protection inquiry?\u003c/p>\n\u003cp>GENERAL VERRILLI: It's central to the inquiry, Justice Kagan. I completely agree with that point.\u003c/p>\n\u003cp>CHIEF JUSTICE ROBERTS: Oh, so it would be central to the inquiry if Congress went the other way, too?\u003c/p>\n\u003cp>GENERAL VERRILLI: Well, the difference is what Section 3 does is impose this exclusion from Federal benefits on a class that has undeniably been subject to a history of terrible discrimination on the basis of –\u003c/p>\n\u003cp>CHIEF JUSTICE ROBERTS: I understand that. That's your equal protection argument. It's not very responsive to my concern I'm trying to get an answer to. You don't think federalism concerns come into play at all in this, right?\u003c/p>\u003c/blockquote>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>On Wednesday morning the U.S. Supreme Court heard arguments on whether the federal Defense of Marriage Act is unconstitutional.\u003c/p>\n\u003cp>\u003cstrong>\u003ca href=\"https://soundcloud.com/kqed/supreme-court-doma-oral\">Listen\u003c/a>\u003c/strong> to the hearing:\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F85193343\" frameborder=\"no\" scrolling=\"no\" width=\"100%\" height=\"166\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>\u003ca href=\"http://www.scribd.com/doc/132670145/DOMA-Oral-Arguments-at-the-Supreme-Court\">Read\u003c/a>\u003c/strong> the transcript:\u003c/p>\n\u003cp>\u003ciframe src=\"http://www.scribd.com/embeds/132670145/content?start_page=1&view_mode=scroll\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>\u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\">Proposition 8 Supreme Court Hearing Audio, Transcript\u003c/a>\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cstrong>\u003ca href=\"http://www.supremecourt.gov/docket/DOMPRP8.aspx\">Read\u003c/a>\u003c/strong> all of the case filings in the Proposition 8 and DOMA cases.\u003c/p>\n\n",
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"excerpt": "On Wednesday morning the Supreme Court heard arguments on whether the federal Defense of Marriage Act is unconstitutional.\r\n\r\n\u003cstrong>\u003ca href=\"https://soundcloud.com/kqed/supreme-court-doma-oral\">Listen\u003c/a>\u003c/strong> to the hearing:\r\n\u003ciframe width=\"100%\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F85193343\">\u003c/iframe>\r\n\r\n\u003cstrong>\u003ca href=\"http://www.scribd.com/doc/132670145/DOMA-Oral-Arguments-at-the-Supreme-Court\">Read\u003c/a>\u003c/strong> the transcript:\r\n\u003ciframe src=\"http://www.scribd.com/embeds/132670145/content?start_page=1&view_mode=scroll\" scrolling=\"no\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\r\n\r\n\u003cstrong>\u003ca href=\"http://www.supremecourt.gov/docket/DOMPRP8.aspx\">Read\u003c/a>\u003c/strong> all the of the case filings in the Proposition 8 and DOMA cases.",
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"disqusTitle": "Proposition 8 Oral Arguments Explained",
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"content": "\u003cp>After a long and winding road, Proposition 8 had its day at the U.S. Supreme Court on Tuesday. For more than an hour, the justices of the high court grilled attorneys on California's same-sex marriage ban.\u003c/p>\n\u003cfigure id=\"attachment_92585\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/26/proposition-8-oral-arguments-explained/us-chief-justice-john-roberts-c-front-2/\" rel=\"attachment wp-att-92585\">\u003cimg class=\"size-medium wp-image-92585\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/912367741-300x206.jpg\" alt=\"File photo of Supreme Court justices. (Mandel Ngan/Getty Images)\" width=\"300\" height=\"206\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">File photo of Supreme Court justices. (Mandel Ngan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The \u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\" target=\"_blank\">oral arguments\u003c/a> were dominated by the question of standing, which focused on whether the authors of Prop. 8 have the legal right to defend the measure in court when the state refused to do so. Justices also grappled over the meaning of marriage and what role the court system should have in changing long-held traditions.\u003c/p>\n\u003cp>The questions that justices ask can shed light on their concerns and how they might rule. KQED spoke with Vikram Amar, a professor of law at UC Davis, about what certain arguments could mean.\u003c/p>\n\u003cp>\u003cstrong>Standing\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> I thought there were three, maybe four, maybe five justices already who expressed significant skepticism about whether the sponsors have standing to defend Prop. 8.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Only Justice Scalia seemed to ask questions that supported the standing of the sponsors. But Justice Ginsburg and Justice Kagan and Justice Roberts and then, at the end, Justice Kennedy, when he said there was a substantial question over standing. All of them intimated that this may not be an appropriate vehicle for federal courts to weigh in, because the sponsors don’t really have a direct tie to the people and voters of California as to be able to step in their shoes, and speak for the state, when the attorney general and the governor declined to defend.\u003c/p>\n\u003cp>There is at least a very good chance that this case will get resolved on standing grounds.\u003c/p>\n\u003cp>Interestingly, the liberal justices, as I said, Justice Ginsburg, Justice Kagan, Justice Breyer, asked a lot of questions that suggested that they were skeptical of the sponsor standing. That is a signal to me that they would rather let Prop. 8 die a California-specific death on standing grounds, because if there’s no standing, then basically the Ninth Circuit decision is wiped out, and the plaintiffs will win a narrow victory in the district court. But, not necessarily [a win] that spills over to affect people from any other state, and maybe not even other same-sex couples in California, at least not for the moment.\u003c/p>\n\u003cblockquote>\u003cp>CHIEF JUSTICE ROBERTS: Mr. Cooper, we have jurisdictional and merits issues here. Maybe it'd be best if you could begin with the standing issue.\u003c/p>\n\u003cp>MR. COOPER: I'd be happy to, Mr. Chief Justice. Your Honor, the official proponents of Proposition 8, the initiative, have standing to defend that measure before this Court as representatives of the people and the State of California to defend the validity of a measure that they brought forward.\u003c/p>\n\u003cp>JUSTICE GINSBURG: Have we ever granted standing to proponents of ballot initiatives?\u003cbr>\n\u003c!--more-->\u003cbr>\nMR. COOPER: No, Your Honor, the Court has not done that. But the Court has never had before it a clear expression from a unanimous State's high court that --\u003c/p>\n\u003cp>...\u003c/p>\n\u003cp>JUSTICE KAGAN: -- could -- could the State assign to any citizen the rights to defend a judgment of this kind?\u003c/p>\n\u003cp>MR. COOPER: Justice Kagan, that would be a -- a very tough question. It's -- it's by no means the question before the Court, because -- because it isn't any citizen, it's -- it is the -- it is the official proponents that have a specific and -- and carefully detailed --\u003c/p>\n\u003cp>JUSTICE KAGAN: Well, I just -- if you would on the hypothetical: Could a State just assign to\u003cbr>\nanybody the ability to do this?\u003c/p>\n\u003cp>MR. COOPER: Your Honor, I think it very well might. It very well might be able to decide that any citizen could step forward and represent the interests of the State and the people in that State...\u003c/p>\n\u003cp>...\u003c/p>\n\u003cp>JUSTICE KENNEDY: But you're -- you're doing so in a -- in a case where the opinion is very narrow. Basically that once the State goes halfway, it has to go all the way or 70 percent of the way, and you're doing so in a case where there's a substantial question on -- on standing. I just wonder if -- if the case was properly granted.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Defining Marriage\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> When it comes to the merits, I think there was more of a full-throated rejection of the plaintiffs' challenge to Prop. 8 by the conservative justices, especially Justice Scalia, than there was a full-throated embrace of a national right to same sex-marriage by the liberals.\u003c/p>\n\u003cp>It’s true that Justice Kagan asked (Yes on 8 Attorney) Chuck Cooper some difficult questions about regulation of people who are over 55 years of age and how does that relate to procreation, etc. But I didn’t hear the liberals kind of explain a national equal protection right, which they may embrace, but they didn’t use oral argument to put it out there the way Justice Scalia and other conservative justices kind of belittled the claim brought by the plaintiffs.\u003c/p>\n\u003cp>One of the things the arguments show -- this procreation defense of bans on same-sex marriage -- doesn’t really work that easily. It lends itself to a lot of easy, hypothetical rejoinders. And I think that the conservative justices who think that Prop. 8 is appropriate for the people of California to have passed, they in their questions, recast the issue focusing not just narrowly on procreation, but on caution more generally.\u003c/p>\n\u003cblockquote>\u003cp>JUSTICE BREYER: Am I not clear? Look, you said that the problem is marriage; that it is an institution that furthers procreation.\u003c/p>\n\u003cp>MR. COOPER: Yes, Your Honor.\u003c/p>\n\u003cp>JUSTICE BREYER: And the reason there was adoption, but that doesn't apply to California. So imagine I wall off California and I'm looking just there, where you say that doesn't apply. Now, what happens to your argument about the institution of marriage as a tool towards procreation? Given the fact that, in California, too, couples that aren't gay but can't have children get married all the time.\u003c/p>\n\u003cp>MR. COOPER: Yes, Your Honor. The concern is that redefining marriage as a genderless institution will sever its abiding connection to its historic traditional procreative purposes, and it will refocus, refocus the purpose of marriage and the definition of marriage away from the raising of children and to the emotional needs and desires of adults, of adult couples. Suppose, in turn --\u003c/p>\n\u003cp>JUSTICE KAGAN: Well, suppose a State said, Mr. Cooper, suppose a State said that, Because we think that the focus of marriage really should be on procreation, we are not going to give marriage licenses anymore to any couple where both people are over the age of 55. Would that be constitutional?\u003c/p>\n\u003cp>MR. COOPER: No, Your Honor, it would not be constitutional.\u003c/p>\n\u003cp>JUSTICE KAGAN: Because that's the same State interest, I would think, you know. If you are over the age of 55, you don't help us serve the Government's interest in regulating procreation through marriage. So why is that different?\u003c/p>\n\u003cp>MR. COOPER: Your Honor, even with respect to couples over the age of 55, it is very rare that both couples -- both parties to the couple are infertile, and the traditional --\u003c/p>\n\u003cp>\u003cem>- Laughter -\u003c/em>\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Is Marriage a Fundamental Right?\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> \u003cem>Loving\u003c/em> was a 1967 decision by the U.S. Supreme Court to strike down Virginia’s ban on interracial marriage. It kept coming up because the challengers to Prop. 8 have really evoked \u003cem>Loving\u003c/em> and the interracial marriage setting as an analogy: That just as it was legitimate for the court to tell states that they could not ban marriages between races, so, too, it’s appropriate to tell states that they cannot ban marriages between gays and lesbians.\u003c/p>\n\u003cp>The people who oppose the challenge, the defenders of Prop. 8, Chuck Cooper, they really think that \u003cem>Loving\u003c/em> is more a case about race than it was about marriage. They also would note that in 1967, when the Supreme Court decided \u003cem>Loving\u003c/em>, there were only about a dozen or so states that continued to prohibit interracial marriage. Whereas 40 states or so continue to prohibit same-sex marriage. So the backdrop against which the Supreme Court nationalized a right to interracial marriage in 1967 might be considered different than today’s backdrop. Something the court kind of hinted at a number of times when they talked about whether this issue should percolate a little in the states before the Supreme Court weighs in, in a definitive fashion.\u003c/p>\n\u003cblockquote>\u003cp>CHIEF JUSTICE ROBERTS: Same-sex couples have every other right, it's just about the label.\u003c/p>\n\u003cp>MR. OLSON: The label \"marriage\" means something. Even our opponents --\u003c/p>\n\u003cp>CHIEF JUSTICE ROBERTS: If you tell a child that somebody has to be their friend, I suppose you can force the child to say, this is my friend, but it changes the definition of what it means to be a friend. And that's it seems to me what the -- what supporters of Proposition 8 are saying here. You're -- all you're interested in is the label and you insist on changing the definition of the label.\u003c/p>\n\u003cp>MR. OLSON: It is like you were to say you can vote, you can travel, but you may not be a citizen. There are certain labels in this country that are very, very critical. You could have said in the \u003cem>Loving\u003c/em> case, what -- you can't get married, but you can have an interracial union. Everyone would know that that was wrong, that the -- marriage has a status, recognition, support, and you -- if you read the test, you know --\u003c/p>\n\u003cp>CHIEF JUSTICE ROBERTS: How do we know -- how do we know that that's the reason, or a necessary part of the reason, that we've recognized marriage as a fundamental right? That's -- you've emphasized that and you've said, well, it's because of the emotional commitment. Maybe it is the procreative aspect that makes it a fundamental right.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Why Now?\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> I think the best defense of Prop. 8, if there is a good defense, is that states have the right to be cautious when they’re tampering with an institution that’s 2,000 or more years old. Justice Kennedy talked about how long marriage has remained the way it is. Justice Alito said, you know, same sex-marriage is a newer institution than cell phones or the Internet, and you’re telling us we have to nationalize it right now?\u003c/p>\n\u003cblockquote>\u003cp>JUSTICE ALITO: You want us to assess the effects of same-sex marriage, the potential effects on -- of same-sex marriage, the potential -- the effects of Proposition 8. But what is your response to the argument which has already been mentioned about the need to be cautious in light of the newness of the -- the concept of -- of same-sex marriage. The one thing that the parties in this case seem to agree on is that marriage is very important. It's thought to be a fundamental building block of society and its preservation essential for the preservation of society. Traditional marriage has been around for thousands of years. Same-sex marriage is very new. I think it was first adopted in The Netherlands in 2000. So there isn't a lot of data about its effect. And it may turn out to be a -- a good thing; it may turn out not to be a good thing, as the supporters of Proposition 8 apparently believe. But you want us to step in and render a decision based on an assessment of the effects of this institution which is newer than cell phones or the Internet? I mean we -- we are not -- we do not have the ability to see the future. On a question like that, of such fundamental importance, why should it not be left for the people, either acting through initiatives and referendums or through their elected public officials?\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>When Did Same-Sex Marriage Become Illegal?\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> The rhetorical point Justice Scalia is trying to make is that if we would say that it did not violate the Constitution to prohibit same-sex marriage 50 years ago, and it does so today, isn’t it odd that the meaning of the Constitution, whose words haven’t changed since 1868, would evolve?\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>(Scalia) is what we call an originalist and textualist. He wants to interpret the equal protection clause of the 14th Amendment by reference to what it meant in 1868. Not by reference to modern notions of social meaning and social science.\u003c/p>\n\u003cblockquote>\u003cp>JUSTICE SCALIA: Was it always unconstitutional?\u003c/p>\n\u003cp>MR. OLSON: It was constitutional when we -- as a culture determined that sexual orientation is a characteristic of individuals that they cannot control, and that that --\u003c/p>\n\u003cp>JUSTICE SCALIA: I see. When did that happen? When did that happen?\u003c/p>\n\u003cp>MR. OLSON: There's no specific date in time. This is an evolutionary cycle.\u003c/p>\n\u003cp>JUSTICE SCALIA: Well, how am I supposed to know how to decide a case, then --\u003c/p>\n\u003cp>MR. OLSON: Because the case that's before you --\u003c/p>\n\u003cp>JUSTICE SCALIA: -- if you can't give me a date when the Constitution changes?\u003c/p>\n\u003cp>MR. OLSON: -- in -- the case that's before you today, California decided -- the citizens of California decided, after the California Supreme Court decided that individuals had a right to get married irrespective of their sexual orientation in California, and then the Californians decided in Proposition 8, wait a minute, we don't want those people to be able to get married.\u003c/p>\n\u003cp>CHIEF JUSTICE ROBERTS: So -- so your case -- your case would be different if Proposition 8 was enacted into law prior to the California Supreme Court decision?\u003c/p>\n\u003cp>MR. OLSON: I would make -- I would make the -- also would make the -- that distinguishes it in one respect. But also -- also -- I would also make the argument, Mr. Chief Justice, that we are -- this -- marriage is a fundamental right and we are making a classification based upon a status of individuals, which this Court has repeatedly decided that gays and lesbians are defined by their status. There is no question about that.\u003c/p>\u003c/blockquote>\n\n",
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"excerpt": "After a long and winding road, Proposition 8 had its day at the U.S. Supreme Court on Tuesday. For more than an hour, the justices of the high court grilled attorneys on California's same-sex marriage ban.\r\n\r\n\u003cimg class=\"size-medium wp-image-92585\" src=\"http://ww2.kqed.org/news/files/2013/03/912367741-300x206.jpg\" alt=\"File photo of Supreme Court justices. (Mandel Ngan/Getty Images)\" width=\"300\" height=\"206\" style=\"padding:10px 10px 10px 10px\" align=\"left\" />\u003c/a>\r\n\r\nThe \u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\" target=\"_blank\">oral arguments\u003c/a> were dominated by the question of standing, which focused on whether the authors of Prop. 8 have the legal right to defend the measure in court when the state refused to do so. Justices also grappled over the meaning of marriage and what role the court system should have in changing long-held traditions.\r\n\r\nThe questions that justices ask can shed light on their concerns and how they might rule. KQED spoke with Vikram Amar, a professor of law at UC Davis, about what certain arguments could mean.\r\n\r\n\u003cstrong>Standing\u003c/strong>\r\n\r\n\u003cstrong>Amar:\u003c/strong> I thought there were three, maybe four, maybe five justices already who expressed significant skepticism about whether the sponsors have standing to defend Prop. 8.",
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"description": "After a long and winding road, Proposition 8 had its day at the U.S. Supreme Court on Tuesday. For more than an hour, the justices of the high court grilled attorneys on California's same-sex marriage ban.\r\n\r\n\r\n\r\nThe oral arguments were dominated by the question of standing, which focused on whether the authors of Prop. 8 have the legal right to defend the measure in court when the state refused to do so. Justices also grappled over the meaning of marriage and what role the court system should have in changing long-held traditions.\r\n\r\nThe questions that justices ask can shed light on their concerns and how they might rule. KQED spoke with Vikram Amar, a professor of law at UC Davis, about what certain arguments could mean.\r\n\r\nStanding\r\n\r\nAmar: I thought there were three, maybe four, maybe five justices already who expressed significant skepticism about whether the sponsors have standing to defend Prop. 8.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>After a long and winding road, Proposition 8 had its day at the U.S. Supreme Court on Tuesday. For more than an hour, the justices of the high court grilled attorneys on California's same-sex marriage ban.\u003c/p>\n\u003cfigure id=\"attachment_92585\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/03/26/proposition-8-oral-arguments-explained/us-chief-justice-john-roberts-c-front-2/\" rel=\"attachment wp-att-92585\">\u003cimg class=\"size-medium wp-image-92585\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/03/912367741-300x206.jpg\" alt=\"File photo of Supreme Court justices. (Mandel Ngan/Getty Images)\" width=\"300\" height=\"206\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">File photo of Supreme Court justices. (Mandel Ngan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The \u003ca href=\"http://ww2.kqed.org/news/2013/03/26/audio-transcript-of-supreme-court-proposition-8-oral-arguments/\" target=\"_blank\">oral arguments\u003c/a> were dominated by the question of standing, which focused on whether the authors of Prop. 8 have the legal right to defend the measure in court when the state refused to do so. Justices also grappled over the meaning of marriage and what role the court system should have in changing long-held traditions.\u003c/p>\n\u003cp>The questions that justices ask can shed light on their concerns and how they might rule. KQED spoke with Vikram Amar, a professor of law at UC Davis, about what certain arguments could mean.\u003c/p>\n\u003cp>\u003cstrong>Standing\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> I thought there were three, maybe four, maybe five justices already who expressed significant skepticism about whether the sponsors have standing to defend Prop. 8.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Only Justice Scalia seemed to ask questions that supported the standing of the sponsors. But Justice Ginsburg and Justice Kagan and Justice Roberts and then, at the end, Justice Kennedy, when he said there was a substantial question over standing. All of them intimated that this may not be an appropriate vehicle for federal courts to weigh in, because the sponsors don’t really have a direct tie to the people and voters of California as to be able to step in their shoes, and speak for the state, when the attorney general and the governor declined to defend.\u003c/p>\n\u003cp>There is at least a very good chance that this case will get resolved on standing grounds.\u003c/p>\n\u003cp>Interestingly, the liberal justices, as I said, Justice Ginsburg, Justice Kagan, Justice Breyer, asked a lot of questions that suggested that they were skeptical of the sponsor standing. That is a signal to me that they would rather let Prop. 8 die a California-specific death on standing grounds, because if there’s no standing, then basically the Ninth Circuit decision is wiped out, and the plaintiffs will win a narrow victory in the district court. But, not necessarily [a win] that spills over to affect people from any other state, and maybe not even other same-sex couples in California, at least not for the moment.\u003c/p>\n\u003cblockquote>\u003cp>CHIEF JUSTICE ROBERTS: Mr. Cooper, we have jurisdictional and merits issues here. Maybe it'd be best if you could begin with the standing issue.\u003c/p>\n\u003cp>MR. COOPER: I'd be happy to, Mr. Chief Justice. Your Honor, the official proponents of Proposition 8, the initiative, have standing to defend that measure before this Court as representatives of the people and the State of California to defend the validity of a measure that they brought forward.\u003c/p>\n\u003cp>JUSTICE GINSBURG: Have we ever granted standing to proponents of ballot initiatives?\u003cbr>\n\u003c!--more-->\u003cbr>\nMR. COOPER: No, Your Honor, the Court has not done that. But the Court has never had before it a clear expression from a unanimous State's high court that --\u003c/p>\n\u003cp>...\u003c/p>\n\u003cp>JUSTICE KAGAN: -- could -- could the State assign to any citizen the rights to defend a judgment of this kind?\u003c/p>\n\u003cp>MR. COOPER: Justice Kagan, that would be a -- a very tough question. It's -- it's by no means the question before the Court, because -- because it isn't any citizen, it's -- it is the -- it is the official proponents that have a specific and -- and carefully detailed --\u003c/p>\n\u003cp>JUSTICE KAGAN: Well, I just -- if you would on the hypothetical: Could a State just assign to\u003cbr>\nanybody the ability to do this?\u003c/p>\n\u003cp>MR. COOPER: Your Honor, I think it very well might. It very well might be able to decide that any citizen could step forward and represent the interests of the State and the people in that State...\u003c/p>\n\u003cp>...\u003c/p>\n\u003cp>JUSTICE KENNEDY: But you're -- you're doing so in a -- in a case where the opinion is very narrow. Basically that once the State goes halfway, it has to go all the way or 70 percent of the way, and you're doing so in a case where there's a substantial question on -- on standing. I just wonder if -- if the case was properly granted.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Defining Marriage\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> When it comes to the merits, I think there was more of a full-throated rejection of the plaintiffs' challenge to Prop. 8 by the conservative justices, especially Justice Scalia, than there was a full-throated embrace of a national right to same sex-marriage by the liberals.\u003c/p>\n\u003cp>It’s true that Justice Kagan asked (Yes on 8 Attorney) Chuck Cooper some difficult questions about regulation of people who are over 55 years of age and how does that relate to procreation, etc. But I didn’t hear the liberals kind of explain a national equal protection right, which they may embrace, but they didn’t use oral argument to put it out there the way Justice Scalia and other conservative justices kind of belittled the claim brought by the plaintiffs.\u003c/p>\n\u003cp>One of the things the arguments show -- this procreation defense of bans on same-sex marriage -- doesn’t really work that easily. It lends itself to a lot of easy, hypothetical rejoinders. And I think that the conservative justices who think that Prop. 8 is appropriate for the people of California to have passed, they in their questions, recast the issue focusing not just narrowly on procreation, but on caution more generally.\u003c/p>\n\u003cblockquote>\u003cp>JUSTICE BREYER: Am I not clear? Look, you said that the problem is marriage; that it is an institution that furthers procreation.\u003c/p>\n\u003cp>MR. COOPER: Yes, Your Honor.\u003c/p>\n\u003cp>JUSTICE BREYER: And the reason there was adoption, but that doesn't apply to California. So imagine I wall off California and I'm looking just there, where you say that doesn't apply. Now, what happens to your argument about the institution of marriage as a tool towards procreation? Given the fact that, in California, too, couples that aren't gay but can't have children get married all the time.\u003c/p>\n\u003cp>MR. COOPER: Yes, Your Honor. The concern is that redefining marriage as a genderless institution will sever its abiding connection to its historic traditional procreative purposes, and it will refocus, refocus the purpose of marriage and the definition of marriage away from the raising of children and to the emotional needs and desires of adults, of adult couples. Suppose, in turn --\u003c/p>\n\u003cp>JUSTICE KAGAN: Well, suppose a State said, Mr. Cooper, suppose a State said that, Because we think that the focus of marriage really should be on procreation, we are not going to give marriage licenses anymore to any couple where both people are over the age of 55. Would that be constitutional?\u003c/p>\n\u003cp>MR. COOPER: No, Your Honor, it would not be constitutional.\u003c/p>\n\u003cp>JUSTICE KAGAN: Because that's the same State interest, I would think, you know. If you are over the age of 55, you don't help us serve the Government's interest in regulating procreation through marriage. So why is that different?\u003c/p>\n\u003cp>MR. COOPER: Your Honor, even with respect to couples over the age of 55, it is very rare that both couples -- both parties to the couple are infertile, and the traditional --\u003c/p>\n\u003cp>\u003cem>- Laughter -\u003c/em>\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Is Marriage a Fundamental Right?\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> \u003cem>Loving\u003c/em> was a 1967 decision by the U.S. Supreme Court to strike down Virginia’s ban on interracial marriage. It kept coming up because the challengers to Prop. 8 have really evoked \u003cem>Loving\u003c/em> and the interracial marriage setting as an analogy: That just as it was legitimate for the court to tell states that they could not ban marriages between races, so, too, it’s appropriate to tell states that they cannot ban marriages between gays and lesbians.\u003c/p>\n\u003cp>The people who oppose the challenge, the defenders of Prop. 8, Chuck Cooper, they really think that \u003cem>Loving\u003c/em> is more a case about race than it was about marriage. They also would note that in 1967, when the Supreme Court decided \u003cem>Loving\u003c/em>, there were only about a dozen or so states that continued to prohibit interracial marriage. Whereas 40 states or so continue to prohibit same-sex marriage. So the backdrop against which the Supreme Court nationalized a right to interracial marriage in 1967 might be considered different than today’s backdrop. Something the court kind of hinted at a number of times when they talked about whether this issue should percolate a little in the states before the Supreme Court weighs in, in a definitive fashion.\u003c/p>\n\u003cblockquote>\u003cp>CHIEF JUSTICE ROBERTS: Same-sex couples have every other right, it's just about the label.\u003c/p>\n\u003cp>MR. OLSON: The label \"marriage\" means something. Even our opponents --\u003c/p>\n\u003cp>CHIEF JUSTICE ROBERTS: If you tell a child that somebody has to be their friend, I suppose you can force the child to say, this is my friend, but it changes the definition of what it means to be a friend. And that's it seems to me what the -- what supporters of Proposition 8 are saying here. You're -- all you're interested in is the label and you insist on changing the definition of the label.\u003c/p>\n\u003cp>MR. OLSON: It is like you were to say you can vote, you can travel, but you may not be a citizen. There are certain labels in this country that are very, very critical. You could have said in the \u003cem>Loving\u003c/em> case, what -- you can't get married, but you can have an interracial union. Everyone would know that that was wrong, that the -- marriage has a status, recognition, support, and you -- if you read the test, you know --\u003c/p>\n\u003cp>CHIEF JUSTICE ROBERTS: How do we know -- how do we know that that's the reason, or a necessary part of the reason, that we've recognized marriage as a fundamental right? That's -- you've emphasized that and you've said, well, it's because of the emotional commitment. Maybe it is the procreative aspect that makes it a fundamental right.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Why Now?\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> I think the best defense of Prop. 8, if there is a good defense, is that states have the right to be cautious when they’re tampering with an institution that’s 2,000 or more years old. Justice Kennedy talked about how long marriage has remained the way it is. Justice Alito said, you know, same sex-marriage is a newer institution than cell phones or the Internet, and you’re telling us we have to nationalize it right now?\u003c/p>\n\u003cblockquote>\u003cp>JUSTICE ALITO: You want us to assess the effects of same-sex marriage, the potential effects on -- of same-sex marriage, the potential -- the effects of Proposition 8. But what is your response to the argument which has already been mentioned about the need to be cautious in light of the newness of the -- the concept of -- of same-sex marriage. The one thing that the parties in this case seem to agree on is that marriage is very important. It's thought to be a fundamental building block of society and its preservation essential for the preservation of society. Traditional marriage has been around for thousands of years. Same-sex marriage is very new. I think it was first adopted in The Netherlands in 2000. So there isn't a lot of data about its effect. And it may turn out to be a -- a good thing; it may turn out not to be a good thing, as the supporters of Proposition 8 apparently believe. But you want us to step in and render a decision based on an assessment of the effects of this institution which is newer than cell phones or the Internet? I mean we -- we are not -- we do not have the ability to see the future. On a question like that, of such fundamental importance, why should it not be left for the people, either acting through initiatives and referendums or through their elected public officials?\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>When Did Same-Sex Marriage Become Illegal?\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Amar:\u003c/strong> The rhetorical point Justice Scalia is trying to make is that if we would say that it did not violate the Constitution to prohibit same-sex marriage 50 years ago, and it does so today, isn’t it odd that the meaning of the Constitution, whose words haven’t changed since 1868, would evolve?\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>(Scalia) is what we call an originalist and textualist. He wants to interpret the equal protection clause of the 14th Amendment by reference to what it meant in 1868. Not by reference to modern notions of social meaning and social science.\u003c/p>\n\u003cblockquote>\u003cp>JUSTICE SCALIA: Was it always unconstitutional?\u003c/p>\n\u003cp>MR. OLSON: It was constitutional when we -- as a culture determined that sexual orientation is a characteristic of individuals that they cannot control, and that that --\u003c/p>\n\u003cp>JUSTICE SCALIA: I see. When did that happen? When did that happen?\u003c/p>\n\u003cp>MR. OLSON: There's no specific date in time. This is an evolutionary cycle.\u003c/p>\n\u003cp>JUSTICE SCALIA: Well, how am I supposed to know how to decide a case, then --\u003c/p>\n\u003cp>MR. OLSON: Because the case that's before you --\u003c/p>\n\u003cp>JUSTICE SCALIA: -- if you can't give me a date when the Constitution changes?\u003c/p>\n\u003cp>MR. OLSON: -- in -- the case that's before you today, California decided -- the citizens of California decided, after the California Supreme Court decided that individuals had a right to get married irrespective of their sexual orientation in California, and then the Californians decided in Proposition 8, wait a minute, we don't want those people to be able to get married.\u003c/p>\n\u003cp>CHIEF JUSTICE ROBERTS: So -- so your case -- your case would be different if Proposition 8 was enacted into law prior to the California Supreme Court decision?\u003c/p>\n\u003cp>MR. OLSON: I would make -- I would make the -- also would make the -- that distinguishes it in one respect. But also -- also -- I would also make the argument, Mr. Chief Justice, that we are -- this -- marriage is a fundamental right and we are making a classification based upon a status of individuals, which this Court has repeatedly decided that gays and lesbians are defined by their status. There is no question about that.\u003c/p>\u003c/blockquote>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Supreme Court justices set a challenging tone early during the oral arguments on California's Proposition 8 Tuesday morning. The Justices questioned whether \u003ca href=\"#standing\">citizens have the right to defend a proposition\u003c/a> if the state will not, whether either side could \u003ca href=\"#harm\">prove legal harm\u003c/a> and \u003ca href=\"#when\">when same-sex marriage became illegal\u003c/a>.\u003c/p>\n\u003cp>\u003cstrong>Listen\u003c/strong> to the oral arguments on California's Proposition 8 at the U.S. Supreme Court this morning.\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F85027489\" frameborder=\"no\" scrolling=\"no\" width=\"100%\" height=\"166\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>Read\u003c/strong> the transcript:\u003c/p>\n\u003cp>\u003ciframe src=\"http://www.scribd.com/embeds/132467543/content?start_page=1&view_mode=scroll\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The questions that justices ask can shed light on their concerns and how they might rule. \u003cstrong>\u003ca href=\"\" target=\"_blank\">Learn more\u003c/a>\u003c/strong> about what some of the exchanges meant.\u003c/p>\n\u003cp>\u003cstrong>\u003ca href=\"http://ww2.kqed.org/news/2013/03/27/audio-transcript-of-supreme-court-doma-oral-arguments/\">DOMA Supreme Court Hearing Audio, Transcript\u003c/a>\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cstrong>\u003ca href=\"http://www.supremecourt.gov/docket/DOMPRP8.aspx\">Read\u003c/a>\u003c/strong> all the of the case filings in the Proposition 8 and DOMA cases.\u003c/p>\n\n",
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"excerpt": "Listen to the oral arguments on California's Proposition 8 at the Supreme Court this morning.\r\n\r\n\u003ciframe width=\"100%\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F85027489\">\u003c/iframe>\r\n\r\nRead the transcript:\r\n\u003ciframe src=\"http://www.scribd.com/embeds/132467543/content?start_page=1&view_mode=scroll\" scrolling=\"no\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\r\n\r\n\u003ca href=\"http://www.supremecourt.gov/docket/DOMPRP8.aspx\" target=\"_blank\">\u003cstrong>Read\u003c/strong>\u003c/a> all the of the case filings in the Proposition 8 and DOMA cases.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Supreme Court justices set a challenging tone early during the oral arguments on California's Proposition 8 Tuesday morning. The Justices questioned whether \u003ca href=\"#standing\">citizens have the right to defend a proposition\u003c/a> if the state will not, whether either side could \u003ca href=\"#harm\">prove legal harm\u003c/a> and \u003ca href=\"#when\">when same-sex marriage became illegal\u003c/a>.\u003c/p>\n\u003cp>\u003cstrong>Listen\u003c/strong> to the oral arguments on California's Proposition 8 at the U.S. Supreme Court this morning.\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F85027489\" frameborder=\"no\" scrolling=\"no\" width=\"100%\" height=\"166\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>Read\u003c/strong> the transcript:\u003c/p>\n\u003cp>\u003ciframe src=\"http://www.scribd.com/embeds/132467543/content?start_page=1&view_mode=scroll\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"id": "code-switch-life-kit",
"title": "Code Switch / Life Kit",
"info": "\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />",
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"id": "commonwealth-club",
"title": "Commonwealth Club of California Podcast",
"info": "The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Commonwealth-Club-Podcast-Tile-360x360-1.jpg",
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"meta": {
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"source": "Commonwealth Club of California"
},
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"google": "https://podcasts.google.com/feed/aHR0cDovL3d3dy5jb21tb253ZWFsdGhjbHViLm9yZy9hdWRpby9wb2RjYXN0L3dlZWtseS54bWw",
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"id": "forum",
"title": "Forum",
"tagline": "The conversation starts here",
"info": "KQED’s live call-in program discussing local, state, national and international issues, as well as in-depth interviews.",
"airtime": "MON-FRI 9am-11am, 10pm-11pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Forum-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED Forum with Mina Kim and Alexis Madrigal",
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"order": 9
},
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"id": "freakonomics-radio",
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"officialWebsiteLink": "http://freakonomics.com/",
"airtime": "SUN 1am-2am, SAT 3pm-4pm",
"meta": {
"site": "radio",
"source": "WNYC"
},
"link": "/radio/program/freakonomics-radio",
"subscribe": {
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"apple": "https://itunes.apple.com/us/podcast/freakonomics-radio/id354668519",
"tuneIn": "https://tunein.com/podcasts/WNYC-Podcasts/Freakonomics-Radio-p272293/",
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},
"fresh-air": {
"id": "fresh-air",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=214089682&at=11l79Y&ct=nprdirectory",
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"info": "A live production of NPR and WBUR Boston, in collaboration with stations across the country, Here & Now reflects the fluid world of news as it's happening in the middle of the day, with timely, in-depth news, interviews and conversation. Hosted by Robin Young, Jeremy Hobson and Tonya Mosley.",
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"hidden-brain": {
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"info": "Shankar Vedantam uses science and storytelling to reveal the unconscious patterns that drive human behavior, shape our choices and direct our relationships.",
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"airtime": "SUN 7pm-8pm",
"meta": {
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"source": "NPR"
},
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"how-i-built-this": {
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"title": "How I Built This with Guy Raz",
"info": "Guy Raz dives into the stories behind some of the world's best known companies. How I Built This weaves a narrative journey about innovators, entrepreneurs and idealists—and the movements they built.",
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"airtime": "SUN 7:30pm-8pm",
"meta": {
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"link": "/radio/program/how-i-built-this",
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"apple": "https://itunes.apple.com/us/podcast/how-i-built-this-with-guy-raz/id1150510297?mt=2",
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"hyphenacion": {
"id": "hyphenacion",
"title": "Hyphenación",
"tagline": "Where conversation and cultura meet",
"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2025/03/Hyphenacion_FinalAssets_PodcastTile.png",
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"officialWebsiteLink": "/podcasts/hyphenacion",
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"order": 15
},
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},
"jerrybrown": {
"id": "jerrybrown",
"title": "The Political Mind of Jerry Brown",
"tagline": "Lessons from a lifetime in politics",
"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-Political-Mind-of-Jerry-Brown-Podcast-Tile-703x703-1.jpg",
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"officialWebsiteLink": "/podcasts/jerrybrown",
"meta": {
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"order": 18
},
"link": "/podcasts/jerrybrown",
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},
"latino-usa": {
"id": "latino-usa",
"title": "Latino USA",
"airtime": "MON 1am-2am, SUN 6pm-7pm",
"info": "Latino USA, the radio journal of news and culture, is the only national, English-language radio program produced from a Latino perspective.",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/latinoUsa.jpg",
"officialWebsiteLink": "http://latinousa.org/",
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},
"link": "/radio/program/latino-usa",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=79681317&at=11l79Y&ct=nprdirectory",
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"rss": "https://feeds.npr.org/510016/podcast.xml"
}
},
"marketplace": {
"id": "marketplace",
"title": "Marketplace",
"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Marketplace-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.marketplace.org/",
"meta": {
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"source": "American Public Media"
},
"link": "/radio/program/marketplace",
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},
"masters-of-scale": {
"id": "masters-of-scale",
"title": "Masters of Scale",
"info": "Masters of Scale is an original podcast in which LinkedIn co-founder and Greylock Partner Reid Hoffman sets out to describe and prove theories that explain how great entrepreneurs take their companies from zero to a gazillion in ingenious fashion.",
"airtime": "Every other Wednesday June 12 through October 16 at 8pm (repeats Thursdays at 2am)",
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"officialWebsiteLink": "https://mastersofscale.com/",
"meta": {
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"source": "WaitWhat"
},
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"rss": "https://rss.art19.com/masters-of-scale"
}
},
"mindshift": {
"id": "mindshift",
"title": "MindShift",
"tagline": "A podcast about the future of learning and how we raise our kids",
"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED MindShift: How We Will Learn",
"officialWebsiteLink": "/mindshift/",
"meta": {
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"source": "kqed",
"order": 12
},
"link": "/podcasts/mindshift",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
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}
},
"morning-edition": {
"id": "morning-edition",
"title": "Morning Edition",
"info": "\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.",
"airtime": "MON-FRI 3am-9am",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Morning-Edition-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.npr.org/programs/morning-edition/",
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"link": "/radio/program/morning-edition"
},
"onourwatch": {
"id": "onourwatch",
"title": "On Our Watch",
"tagline": "Deeply-reported investigative journalism",
"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/On-Our-Watch-Podcast-Tile-703x703-1.jpg",
"imageAlt": "On Our Watch from NPR and KQED",
"officialWebsiteLink": "/podcasts/onourwatch",
"meta": {
"site": "news",
"source": "kqed",
"order": 11
},
"link": "/podcasts/onourwatch",
"subscribe": {
"apple": "https://podcasts.apple.com/podcast/id1567098962",
"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM2MC9wb2RjYXN0LnhtbD9zYz1nb29nbGVwb2RjYXN0cw",
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"rss": "https://feeds.npr.org/510360/podcast.xml"
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},
"on-the-media": {
"id": "on-the-media",
"title": "On The Media",
"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
"airtime": "SUN 2pm-3pm, MON 12am-1am",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/onTheMedia.png",
"officialWebsiteLink": "https://www.wnycstudios.org/shows/otm",
"meta": {
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"source": "wnyc"
},
"link": "/radio/program/on-the-media",
"subscribe": {
"apple": "https://itunes.apple.com/us/podcast/on-the-media/id73330715?mt=2",
"tuneIn": "https://tunein.com/radio/On-the-Media-p69/",
"rss": "http://feeds.wnyc.org/onthemedia"
}
},
"pbs-newshour": {
"id": "pbs-newshour",
"title": "PBS NewsHour",
"info": "Analysis, background reports and updates from the PBS NewsHour putting today's news in context.",
"airtime": "MON-FRI 3pm-4pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/PBS-News-Hour-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.pbs.org/newshour/",
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"source": "pbs"
},
"link": "/radio/program/pbs-newshour",
"subscribe": {
"apple": "https://itunes.apple.com/us/podcast/pbs-newshour-full-show/id394432287?mt=2",
"tuneIn": "https://tunein.com/radio/PBS-NewsHour---Full-Show-p425698/",
"rss": "https://www.pbs.org/newshour/feeds/rss/podcasts/show"
}
},
"perspectives": {
"id": "perspectives",
"title": "Perspectives",
"tagline": "KQED's series of daily listener commentaries since 1991",
"info": "KQED's series of daily listener commentaries since 1991.",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2025/01/Perspectives_Tile_Final.jpg",
"imageAlt": "KQED Perspectives",
"officialWebsiteLink": "/perspectives/",
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"source": "kqed",
"order": 14
},
"link": "/perspectives",
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"npr": "https://www.npr.org/podcasts/432309616/perspectives",
"rss": "https://ww2.kqed.org/perspectives/category/perspectives/feed/",
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},
"planet-money": {
"id": "planet-money",
"title": "Planet Money",
"info": "The economy explained. Imagine you could call up a friend and say, Meet me at the bar and tell me what's going on with the economy. Now imagine that's actually a fun evening.",
"airtime": "SUN 3pm-4pm",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/planetmoney.jpg",
"officialWebsiteLink": "https://www.npr.org/sections/money/",
"meta": {
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"source": "npr"
},
"link": "/radio/program/planet-money",
"subscribe": {
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"apple": "https://itunes.apple.com/us/podcast/planet-money/id290783428?mt=2",
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"rss": "https://feeds.npr.org/510289/podcast.xml"
}
},
"politicalbreakdown": {
"id": "politicalbreakdown",
"title": "Political Breakdown",
"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
"airtime": "THU 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Political-Breakdown-2024-Podcast-Tile-703x703-1.jpg",
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"officialWebsiteLink": "/podcasts/politicalbreakdown",
"meta": {
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"source": "kqed",
"order": 5
},
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