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"content": "\u003cp>Yesterday the Ninth Circuit Court of Appeals declined to grant a rehearing of the Proposition 8 case. In February, a three-judge panel of the court voted 2-1 to uphold a lower court's ruling that the same-sex marriage ban is unconstitutional, and Proposition 8 proponents, on the losing side of that decision, had wanted a larger group of Ninth Circuit judges, called an \"en banc\" panel, to rehear the case.\u003c/p>\n\u003cp>After this latest setback, Prop 8 supporters, who have now lost at two levels of the federal judiciary, said they would \"absolutely\" ask the Supreme Court to review the case.\u003c/p>\n\u003cp>When the Ninth Circuit issued its ruling on the case in February, UC Davis law professor Vik Amar told KQED's Scott Shafer that he thought the opinion was written as narrowly as possible in order to ward off the Supreme Court from taking -- and perhaps overturning -- the case.\u003c/p>\n\u003cp>Yesterday, after the Ninth Circuit announced it would not take up the case again, KQED's Rachael Myrow checked in with Professor Amar to get his reading of the tea leaves in terms of whether the Supreme Court will take up the matter of Proposition 8. Edited transcript of that interview:\u003c/p>\n\u003cp>\u003cstrong>RACHAEL MYROW\u003c/strong>:Recap the narrow ruling that the Ninth Circuit issued in February.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>VIK AMAR\u003c/strong>: They tried to decide the case on very California-specific grounds, so the Supreme Court wouldn't feel it had to intervene and take review. If the Ninth Circuit had held that not only had Prop 8 violated the federal constitution, but that every state's ban on same-sex marriage in the western U.S. also violated the federal constitution, than I think the U.S. Supreme Court would have had no choice but to take review.\u003c/p>\n\u003cp>There's still a good chance the Supreme Court will step in, but at least by making the ruling so California-specific they offer the Supreme Court an excuse not to step in if it wants to wait.\u003c/p>\n\u003cp>\u003cstrong>RACHAEL MYROW\u003c/strong>: A lot of people are talking as if it's a given that the Supreme Court will take up the case. But might it leave it alone?\u003c/p>\n\u003cp>\u003cstrong>VIK AMAR\u003c/strong>: It might. But the California-specific reasoning that Judge Reinhardt employed is not convincing to a lot of people. So there's a good chance the Supreme Court will still want to take the case.\u003c/p>\n\u003cp>But complicating things more now is the decision by the First Circuit Court of Appeals in the Defense of Marriage case last week. The DOMA case raises narrower questions than the Prop 8 case does. So they may want to look at the DOMA issues and wait a year or more before they take on the more momentous question of whether states have to recognize same-sex marriage, if they want to take up the question of gay marriage a little more incrementally.\u003c/p>\n\u003cp>Because in the First Circuit's DOMA ruling, the question wasn't whether states have to recognize same sex marriage, it was if a state recognizes same sex marriage, should the federal government have to abide by that and allow that couple to be considered married for federal purposes as well? The court may want to look at that narrower issue before it confronts the bigger issue presented by Prop 8 and other bans on same-sex marriage like it.\u003c/p>\n\u003cp>Sometimes the Supreme Court will sit on a request for review for awhile until it decides another case that may be relevant. So if the Supreme Court decides it wants to take the DOMA case first, it could grant review in that case and let the Prop 8 case sit.\u003c/p>\n\u003cp>One more thing that's important – we've been focusing on the merits of the Prop 8 case, whether the California constitutional ban on same-sex marriage violates the 14th Amendment. But there's still that looming question of whether the defenders of Prop 8 had standing to defend the law in the first place. The Supreme Court could dispose of the Prop 8 case if it wanted to on standing grounds without ever ruling on the merits. \u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>RACHAEL MYROW\u003c/strong>: How likely is that?\u003c/p>\n\u003cp>\u003cstrong>VIK AMAR\u003c/strong>: I think it's not unlikely. In 1996 the Supreme Court unanimously wrote an opinion that slapped the Ninth Circuit down for recognizing initiative-sponsored standing in Arizona. This case is arguably different than the Arizona case, but there's a lot of skepticism on the part of U.S. Supreme Court justices about whether unelected individuals should easily be able to step into the shoes of voters and defend enactments in federal court, especially when the people who passed Prop 8, the voters, may not have really known who the sponsors of Prop 8 were who were going to be their legal representatives.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>I think the standing question is a really complex one and I don't really think the Ninth circuit and the California Supreme Court did it justice in deciding that the sponsors really did have standing.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>VIK AMAR\u003c/strong>: They tried to decide the case on very California-specific grounds, so the Supreme Court wouldn't feel it had to intervene and take review. If the Ninth Circuit had held that not only had Prop 8 violated the federal constitution, but that every state's ban on same-sex marriage in the western U.S. also violated the federal constitution, than I think the U.S. Supreme Court would have had no choice but to take review.\u003c/p>\n\u003cp>There's still a good chance the Supreme Court will step in, but at least by making the ruling so California-specific they offer the Supreme Court an excuse not to step in if it wants to wait.\u003c/p>\n\u003cp>\u003cstrong>RACHAEL MYROW\u003c/strong>: A lot of people are talking as if it's a given that the Supreme Court will take up the case. But might it leave it alone?\u003c/p>\n\u003cp>\u003cstrong>VIK AMAR\u003c/strong>: It might. But the California-specific reasoning that Judge Reinhardt employed is not convincing to a lot of people. So there's a good chance the Supreme Court will still want to take the case.\u003c/p>\n\u003cp>But complicating things more now is the decision by the First Circuit Court of Appeals in the Defense of Marriage case last week. The DOMA case raises narrower questions than the Prop 8 case does. So they may want to look at the DOMA issues and wait a year or more before they take on the more momentous question of whether states have to recognize same-sex marriage, if they want to take up the question of gay marriage a little more incrementally.\u003c/p>\n\u003cp>Because in the First Circuit's DOMA ruling, the question wasn't whether states have to recognize same sex marriage, it was if a state recognizes same sex marriage, should the federal government have to abide by that and allow that couple to be considered married for federal purposes as well? The court may want to look at that narrower issue before it confronts the bigger issue presented by Prop 8 and other bans on same-sex marriage like it.\u003c/p>\n\u003cp>Sometimes the Supreme Court will sit on a request for review for awhile until it decides another case that may be relevant. So if the Supreme Court decides it wants to take the DOMA case first, it could grant review in that case and let the Prop 8 case sit.\u003c/p>\n\u003cp>One more thing that's important – we've been focusing on the merits of the Prop 8 case, whether the California constitutional ban on same-sex marriage violates the 14th Amendment. But there's still that looming question of whether the defenders of Prop 8 had standing to defend the law in the first place. The Supreme Court could dispose of the Prop 8 case if it wanted to on standing grounds without ever ruling on the merits. \u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>RACHAEL MYROW\u003c/strong>: How likely is that?\u003c/p>\n\u003cp>\u003cstrong>VIK AMAR\u003c/strong>: I think it's not unlikely. In 1996 the Supreme Court unanimously wrote an opinion that slapped the Ninth Circuit down for recognizing initiative-sponsored standing in Arizona. This case is arguably different than the Arizona case, but there's a lot of skepticism on the part of U.S. Supreme Court justices about whether unelected individuals should easily be able to step into the shoes of voters and defend enactments in federal court, especially when the people who passed Prop 8, the voters, may not have really known who the sponsors of Prop 8 were who were going to be their legal representatives.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>I think the standing question is a really complex one and I don't really think the Ninth circuit and the California Supreme Court did it justice in deciding that the sponsors really did have standing.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Request for En Banc Rehearing of Prop 8 Case Denied by 9th Circuit",
"title": "Request for En Banc Rehearing of Prop 8 Case Denied by 9th Circuit",
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"content": "\u003cfigure id=\"attachment_55522\" class=\"wp-caption alignright\" style=\"max-width: 220px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Prop8plaintiffsSM11.jpg\">\u003cimg class=\"size-medium wp-image-55522\" title=\"Prop8plaintiffsSM1\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Prop8plaintiffsSM11-300x225.jpg\" alt=\"\" width=\"220\" height=\"166\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Couples challenging Prop 8 pose before an Appeals Court hearing in Dec, 2010. (Scott Shafer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The petition by Prop 8 proponents for a rehearing of the case by a larger panel of the Ninth Circuit Court of Appeals has been denied.\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://www.ca9.uscourts.gov/datastore/general/2012/06/05/1016696ebofinal.pdf\">\u003cstrong>Read the ruling here\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>Prop 8 proponents now have 90 days to file an appeal to the U.S. Supreme Court, during which time same-sex marriage in California will remain prohibited, as it will if and when the Supreme Court takes the case. Backers of the ban said today they \u003ca href=\"http://www.kqed.org/news/story/2012/06/05/96369/prop_8_backers_say_theyll_take_case_to_supreme_court?category=bay+area\">will indeed ask the high court to review the decision\u003c/a>. From AP:\u003c/p>\n\u003cblockquote>\u003cp>Alliance Defense Fund lawyer Brian Raum said Proposition 8 backers ``absolutely'' would take the case to the high court now that it has run its course at the 9th U.S. Circuit Court of Appeals.\u003c/p>\n\u003cp>Raum said he expected to get a ruling from the Supreme Court sometime in the fall on whether it would take the case. He did not know if the Proposition 8 defense team would take the entire 90 days they have to petition the Supreme Court.\u003c/p>\u003c/blockquote>\n\u003cp>If the high court declines to hear the case, or if it upholds the Ninth Circuit's ruling, then same-sex marriage will be legal in California. If the Supreme Court takes the case and reverses the Ninth Circuit decision, then it will remain illegal. \u003c/p>\n\u003cp>Theodore Olson, one of the lead attorneys for the plaintiffs challenging Prop 8, speculated on a conference call today that he expects the Supreme Court would announce its decision on whether it will hear the case in October. If the court takes up the matter, Olson said, he thinks arguments would occur some time in the spring of 2013, with a decision by June, 2013. \u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003ca href=\"http://ww2.kqed.org/news/2012/06/05/prop-8-en-banc-ruling/#react\">\u003cstrong>Reaction from around the web and live chat\u003c/strong>\u003c/a>\u003c/aside>\n\u003cp>As for today's ruling, proponents of Prop 8 asked the 9th Circuit for the en banc review in February, after a \u003ca href=\"http://ww2.kqed.org/news/2012/02/07/read-the-full-prop-8-ruling-and-key-passages/\">decision by a three-judge panel\u003c/a> upheld Judge Vaughn Walker's 2010 decision striking down the law as unconstitutional.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In the 2-1 decision validating Walker's ruling, the court wrote: \"Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples.\" \u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>Update 10:30 a.m.\u003c/strong> KQED's Scott Shafer today talked to Vik Amar of the UC Davis School of Law, who said there were actually two requests before the court:\u003c/p>\n\u003cul>\n\u003cli>A request to the original three-judge panel for a rehearing. That request was denied 2 to 1, with Judge Smith, who wrote the original dissent to the decision, in the minority.\u003c/li>\n\u003cli>Having lost that vote, a request for an en banc hearing was then put to the full court, and at least three judges voted to rehear the case. The opinion, written by Judge O’Scannlain, was publicly joined by Judges Byee and Bea. Other judges may have also voted for a rehearing but declined to make their names public.\u003c/li>\n\u003c/ul>\n\u003cp>\u003cstrong>Update 10:40 a.m.\u003c/strong> In February, Hastings law professor Rory Little told Scott Shafer he thought Prop 8 supporters were pretty disappointed with Judge Smith's dissent to the original decision, \"which was not a ringing Scalia-like forceful 'this is wrong.' It was more like 'we should be cautious, although there are a lot of good points here.'\u003c/p>\n\u003cp>Little continued: \"Here's the best result for proponents -- they don't get enough votes for en banc, but they get a forceful dissent from the denial of en banc from O`Scannlain and Bybee and whoever they can pick up, which they can then use as their petition to the Supreme Court. Bybee and O`Scannlain have had a number of cases granted in the last five years from their dissents from en banc. Those guys are in the business of writing cert petitions, basically. And they're powerful writers.\"\u003c/p>\n\u003cp>Well, Judge O'Scannlain did indeed write a dissent...\u003c/p>\n\u003cblockquote>\u003cp>A few weeks ago, subsequent to oral argument in this case, the President of the United States ignited a media firestorm by announcing that he supports same-sex marriage as a policy matter. Drawing less attention, however, were his comments that the Constitution left this matter to the States and that “one of the things that [he]’d like to see is–that [the] conversation continue in a respectful way.”\u003c/p>\n\u003cp>Today our court has silenced any such respectful conversation. Based on a two-judge majority’s gross misapplication of \u003ca href=\"http://www.oyez.org/cases/1990-1999/1995/1995_94_1039\">Romer v. Evans\u003c/a>, we have now declared that animus must have been the only conceivable motivation for a sovereign State to have remained committed to a definition of marriage that has existed for millennia. Even worse, we have overruled the will of seven million California Proposition 8 voters based on a reading of Romer that would be unrecognizable to the Justices who joined it, to those who dissented from it, and to the judges from sister circuits who have since interpreted it. We should not have so roundly trumped California’s democratic process without at least discussing this unparalleled decision as an en banc court.\u003c/p>\u003c/blockquote>\n\u003cp>And the retort from Judges Reinhardt and Hawkins, who made up the majority in February's 2-1 decision:\u003c/p>\n\u003cblockquote>\u003cp>We are puzzled by our dissenting colleagues’ unusual reliance on the President’s views regarding the Constitution, especially as the President did not discuss the narrow issue that we decided in our opinion. We held only that under the particular circumstances relating to California’s Proposition 8, that measure was invalid. In line with the rules governing judicial resolution of constitutional issues, we did not resolve the fundamental question that both sides asked us to: whether the Constitution prohibits the states from banning same-sex marriage. That question may be decided in the near future, but if so, it should be in some other case, at some other time.\u003c/p>\u003c/blockquote>\n\u003cp>The reference here to the \"the particular circumstances relating to California’s Proposition 8\" and to the lack of resolution to \"the fundamental question [of] whether the Constitution prohibits the states from banning same-sex marriage\" may also be noteworthy.\u003c/p>\n\u003cp>After the Ninth Circuit panel's decision against Prop 8 in February, UC Davis' Vik Amar told Scott Shafer that \u003ca href=\"http://ww2.kqed.org/news/2012/02/07/prop-8-ruling-legal-analysis-decision-was-made-with-eye-toward-supreme-court/\">Reinhardt and Hawkins may have tailored their decision in the narrowest way possible\u003c/a>, making it applicable only to California, so as to give the ruling the best possible chance of \u003cem>not\u003c/em> being taken up by the U.S. Supreme Court.\u003c/p>\n\u003cp>But Amar also said: \"There was no way the Ninth circuit was going to rule for the plaintiffs and not create a significant risk that the Supreme Court would step in. The question wasn't whether the Supreme Court had its eye on this case, the question was how do you minimize that, and I think they tried to do that by keeping the reasoning specific to California.\"\u003c/p>\n\u003cp>Professor Rory Little of Hastings agreed with that today, in an interview with KQED's Rachael Myrow. \"I think it's a little naieve to believe that the court will see this as limited to just California. Certainly the Ninth Circuit's ruling only relates to California, but its analysis is much broader than just California. And of course the Ninth Circuit governs the entire western United states, so its analysis would be precedent for the entire [region]. \u003c/p>\n\u003cp>\"I think the Supreme Court is likely to think this issue is ripe, this is ready for a national decision. One way or the other, there are enough states that have gone in different directions, there's enough controversy about it, [so] let's try to put the issue to rest one way or the other.\"\u003c/p>\n\u003cp>\u003ca name=\"react\">\u003c/a>\u003cbr>\nReaction and coverage from around the web below...\u003c/p>\n\u003cp>\u003ciframe style=\"border: 1px solid #000000\" src=\"http://embed.scribblelive.com/Embed/v5.aspx?Id=48944&ThemeId=5349\" frameborder=\"0\" width=\"400\" height=\"300\">\u003c/iframe>\u003c/p>\n\u003cp>\u003ca href=\"http://www.scribd.com/doc/96044529/Ninth-Circuit-Denies-Rehearing-of-Prop-8-Case-Decision\">Read the full decision here\u003c/a>:\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003ca title=\"View Ninth Circuit Denies Rehearing of Prop. 8 Case - Decision on Scribd\" href=\"http://www.scribd.com/doc/96044529/Ninth-Circuit-Denies-Rehearing-of-Prop-8-Case-Decision\">Ninth Circuit Denies Rehearing of Prop. 8 Case - Decision\u003c/a>\u003ciframe src=\"http://www.scribd.com/embeds/96044529/content?start_page=1&view_mode=list&access_key=key-2f8llfbytss95ikdjxx2\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\n",
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"description": "The petition by Prop 8 proponents for a rehearing of the case by a larger panel of the Ninth Circuit Court of Appeals has been denied. Read the ruling here Prop 8 proponents now have 90 days to file an appeal to the U.S. Supreme Court, during which time same-sex marriage in California will remain",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_55522\" class=\"wp-caption alignright\" style=\"max-width: 220px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Prop8plaintiffsSM11.jpg\">\u003cimg class=\"size-medium wp-image-55522\" title=\"Prop8plaintiffsSM1\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Prop8plaintiffsSM11-300x225.jpg\" alt=\"\" width=\"220\" height=\"166\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Couples challenging Prop 8 pose before an Appeals Court hearing in Dec, 2010. (Scott Shafer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The petition by Prop 8 proponents for a rehearing of the case by a larger panel of the Ninth Circuit Court of Appeals has been denied.\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://www.ca9.uscourts.gov/datastore/general/2012/06/05/1016696ebofinal.pdf\">\u003cstrong>Read the ruling here\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>Prop 8 proponents now have 90 days to file an appeal to the U.S. Supreme Court, during which time same-sex marriage in California will remain prohibited, as it will if and when the Supreme Court takes the case. Backers of the ban said today they \u003ca href=\"http://www.kqed.org/news/story/2012/06/05/96369/prop_8_backers_say_theyll_take_case_to_supreme_court?category=bay+area\">will indeed ask the high court to review the decision\u003c/a>. From AP:\u003c/p>\n\u003cblockquote>\u003cp>Alliance Defense Fund lawyer Brian Raum said Proposition 8 backers ``absolutely'' would take the case to the high court now that it has run its course at the 9th U.S. Circuit Court of Appeals.\u003c/p>\n\u003cp>Raum said he expected to get a ruling from the Supreme Court sometime in the fall on whether it would take the case. He did not know if the Proposition 8 defense team would take the entire 90 days they have to petition the Supreme Court.\u003c/p>\u003c/blockquote>\n\u003cp>If the high court declines to hear the case, or if it upholds the Ninth Circuit's ruling, then same-sex marriage will be legal in California. If the Supreme Court takes the case and reverses the Ninth Circuit decision, then it will remain illegal. \u003c/p>\n\u003cp>Theodore Olson, one of the lead attorneys for the plaintiffs challenging Prop 8, speculated on a conference call today that he expects the Supreme Court would announce its decision on whether it will hear the case in October. If the court takes up the matter, Olson said, he thinks arguments would occur some time in the spring of 2013, with a decision by June, 2013. \u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003ca href=\"http://ww2.kqed.org/news/2012/06/05/prop-8-en-banc-ruling/#react\">\u003cstrong>Reaction from around the web and live chat\u003c/strong>\u003c/a>\u003c/aside>\n\u003cp>As for today's ruling, proponents of Prop 8 asked the 9th Circuit for the en banc review in February, after a \u003ca href=\"http://ww2.kqed.org/news/2012/02/07/read-the-full-prop-8-ruling-and-key-passages/\">decision by a three-judge panel\u003c/a> upheld Judge Vaughn Walker's 2010 decision striking down the law as unconstitutional.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In the 2-1 decision validating Walker's ruling, the court wrote: \"Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples.\" \u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>Update 10:30 a.m.\u003c/strong> KQED's Scott Shafer today talked to Vik Amar of the UC Davis School of Law, who said there were actually two requests before the court:\u003c/p>\n\u003cul>\n\u003cli>A request to the original three-judge panel for a rehearing. That request was denied 2 to 1, with Judge Smith, who wrote the original dissent to the decision, in the minority.\u003c/li>\n\u003cli>Having lost that vote, a request for an en banc hearing was then put to the full court, and at least three judges voted to rehear the case. The opinion, written by Judge O’Scannlain, was publicly joined by Judges Byee and Bea. Other judges may have also voted for a rehearing but declined to make their names public.\u003c/li>\n\u003c/ul>\n\u003cp>\u003cstrong>Update 10:40 a.m.\u003c/strong> In February, Hastings law professor Rory Little told Scott Shafer he thought Prop 8 supporters were pretty disappointed with Judge Smith's dissent to the original decision, \"which was not a ringing Scalia-like forceful 'this is wrong.' It was more like 'we should be cautious, although there are a lot of good points here.'\u003c/p>\n\u003cp>Little continued: \"Here's the best result for proponents -- they don't get enough votes for en banc, but they get a forceful dissent from the denial of en banc from O`Scannlain and Bybee and whoever they can pick up, which they can then use as their petition to the Supreme Court. Bybee and O`Scannlain have had a number of cases granted in the last five years from their dissents from en banc. Those guys are in the business of writing cert petitions, basically. And they're powerful writers.\"\u003c/p>\n\u003cp>Well, Judge O'Scannlain did indeed write a dissent...\u003c/p>\n\u003cblockquote>\u003cp>A few weeks ago, subsequent to oral argument in this case, the President of the United States ignited a media firestorm by announcing that he supports same-sex marriage as a policy matter. Drawing less attention, however, were his comments that the Constitution left this matter to the States and that “one of the things that [he]’d like to see is–that [the] conversation continue in a respectful way.”\u003c/p>\n\u003cp>Today our court has silenced any such respectful conversation. Based on a two-judge majority’s gross misapplication of \u003ca href=\"http://www.oyez.org/cases/1990-1999/1995/1995_94_1039\">Romer v. Evans\u003c/a>, we have now declared that animus must have been the only conceivable motivation for a sovereign State to have remained committed to a definition of marriage that has existed for millennia. Even worse, we have overruled the will of seven million California Proposition 8 voters based on a reading of Romer that would be unrecognizable to the Justices who joined it, to those who dissented from it, and to the judges from sister circuits who have since interpreted it. We should not have so roundly trumped California’s democratic process without at least discussing this unparalleled decision as an en banc court.\u003c/p>\u003c/blockquote>\n\u003cp>And the retort from Judges Reinhardt and Hawkins, who made up the majority in February's 2-1 decision:\u003c/p>\n\u003cblockquote>\u003cp>We are puzzled by our dissenting colleagues’ unusual reliance on the President’s views regarding the Constitution, especially as the President did not discuss the narrow issue that we decided in our opinion. We held only that under the particular circumstances relating to California’s Proposition 8, that measure was invalid. In line with the rules governing judicial resolution of constitutional issues, we did not resolve the fundamental question that both sides asked us to: whether the Constitution prohibits the states from banning same-sex marriage. That question may be decided in the near future, but if so, it should be in some other case, at some other time.\u003c/p>\u003c/blockquote>\n\u003cp>The reference here to the \"the particular circumstances relating to California’s Proposition 8\" and to the lack of resolution to \"the fundamental question [of] whether the Constitution prohibits the states from banning same-sex marriage\" may also be noteworthy.\u003c/p>\n\u003cp>After the Ninth Circuit panel's decision against Prop 8 in February, UC Davis' Vik Amar told Scott Shafer that \u003ca href=\"http://ww2.kqed.org/news/2012/02/07/prop-8-ruling-legal-analysis-decision-was-made-with-eye-toward-supreme-court/\">Reinhardt and Hawkins may have tailored their decision in the narrowest way possible\u003c/a>, making it applicable only to California, so as to give the ruling the best possible chance of \u003cem>not\u003c/em> being taken up by the U.S. Supreme Court.\u003c/p>\n\u003cp>But Amar also said: \"There was no way the Ninth circuit was going to rule for the plaintiffs and not create a significant risk that the Supreme Court would step in. The question wasn't whether the Supreme Court had its eye on this case, the question was how do you minimize that, and I think they tried to do that by keeping the reasoning specific to California.\"\u003c/p>\n\u003cp>Professor Rory Little of Hastings agreed with that today, in an interview with KQED's Rachael Myrow. \"I think it's a little naieve to believe that the court will see this as limited to just California. Certainly the Ninth Circuit's ruling only relates to California, but its analysis is much broader than just California. And of course the Ninth Circuit governs the entire western United states, so its analysis would be precedent for the entire [region]. \u003c/p>\n\u003cp>\"I think the Supreme Court is likely to think this issue is ripe, this is ready for a national decision. One way or the other, there are enough states that have gone in different directions, there's enough controversy about it, [so] let's try to put the issue to rest one way or the other.\"\u003c/p>\n\u003cp>\u003ca name=\"react\">\u003c/a>\u003cbr>\nReaction and coverage from around the web below...\u003c/p>\n\u003cp>\u003ciframe style=\"border: 1px solid #000000\" src=\"http://embed.scribblelive.com/Embed/v5.aspx?Id=48944&ThemeId=5349\" frameborder=\"0\" width=\"400\" height=\"300\">\u003c/iframe>\u003c/p>\n\u003cp>\u003ca href=\"http://www.scribd.com/doc/96044529/Ninth-Circuit-Denies-Rehearing-of-Prop-8-Case-Decision\">Read the full decision here\u003c/a>:\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Prop 8 Filing Tomorrow Could Be 9th Circuit's Decision on Rehearing Case En Banc",
"title": "Prop 8 Filing Tomorrow Could Be 9th Circuit's Decision on Rehearing Case En Banc",
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"content": "\u003cp>\u003cem>Update Tuesday\u003c/em>: \u003ca href=\"http://ww2.kqed.org/news/2012/06/05/prop-8-en-banc-ruling/\">\u003cstrong>The petition for an en banc rehearing has been denied\u003c/strong>\u003c/a>.\u003c/p>\n\u003cp>\u003cem>Monday's post\u003c/em>\u003c/p>\n\u003cp>The Ninth Circuit Court of Appeals just announced there will be a filing tomorrow in Perry v. Brown -- the Proposition 8 case.\u003c/p>\n\u003cfigure id=\"attachment_55632\" class=\"wp-caption alignleft\" style=\"max-width: 285px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop8.jpg\">\u003cimg class=\"size-full wp-image-55632\" title=\"prop8\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop8.jpg\" alt=\"\" width=\"285\" height=\"213\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Kids at an anti-Prop 8 rally before a 9th Circuit hearing\u003c/figcaption>\u003c/figure>\n\u003cp>\"The filing will be available from the Ninth Circuit Court of Appeals website, www.ca9.uscourts.gov/opinions,\" the court said.\u003c/p>\n\u003cp>KQED's Scott Shafer said this is almost surely the decision on whether to rehear the case en banc. An en banc panel is made up of 11 judges, chosen at random from the circuit.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>(\u003cstrong>Update 3:40 p.m.\u003c/strong> The court just sent out a notice that tomorrow's filing will indeed relate to the petition for rehearing en banc.)\u003c/p>\n\u003cp>If the 9th Circuit denies the request, Prop 8 supporters will almost certainly ask the United States Supreme Court to hear the case.\u003c/p>\n\u003cp>Proponents of Prop 8, California's same-sex marriage ban, asked the 9th Circuit for the en banc review in February, after a \u003ca href=\"http://ww2.kqed.org/news/2012/02/07/prop-8-appeals-court-decision/\">ruling by a three-judge panel upheld Judge Vaughn Walker's 2010 decision striking down the law as unconstitutional\u003c/a>. (You can read the \u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Prop8_EnBanc_Petition.pdf\">petition for the en banc panel here\u003c/a>.)\u003c/p>\n\u003cp>In the 2-1 decision validating Walker's ruling, the court wrote: \"Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples.\"\u003c/p>\n\u003cp>Judges Stephen Reinhardt and Michael Daly Hawkins, appointed by Democrats, voted to uphold Walker's ruling. Judge N. Randy Smith, appointed by George W. Bush, dissented, asserting he wasn't convinced that there isn't a rational reason behind the ban. \u003c!--more-->\u003c/p>\n\u003cp>As Scott Shafer reported at the time, \"one of the unknowns before the decision was whether the ruling would be broad, having national significance, or a narrower one that focused on Prop 8 in California. The decision was a narrow one, focusing on the proposition itself and the fact that California voters withdrew a right that had existed before Prop 8 was passed. The narrower ruling might make it a little less likely that the Supreme Court would take the case up, but that remains to be seen.\"\u003c/p>\n\u003cp>One legal analyst Shafer spoke to said the majority opinion was written with an eye toward dissuading the Supreme Court from hearing the case. \"By limiting the ruling and the reasoning to California and to Proposition 8,\" said UC Davis' Vik Amar, \"the Ninth Circuit judges at least give the Supreme Court an excuse not to step in.\"\u003c/p>\n\u003cp>After the filing asking for the en banc panel, Shafer talked to Hastings law professor Rory Little about the procedure for and the legal strategy behind the request. Edited transcript\u003c/p>\n\u003cblockquote>\u003cp>\u003cstrong>Scott Shafer\u003c/strong>\u003c/p>\n\u003cp>Explain the en banc process.\u003c/p>\n\u003cp>\u003cstrong>Hastings Law Professor Rory Little\u003c/strong>\u003c/p>\n\u003cp>Normally the filing is styled as a petition for a rehearing or for a rehearing en banc. A rehearing by the original panel is not granted very often. It's possible that the original panel either determines that the petitioners have shown an obvious error, so we don't need to go en banc because we can correct it ourselves, or the panel will sometimes adjust their opinion trying to head off an en banc. They're not likely to consider granting a rehearing of their own, but you never know.\u003c/p>\n\u003cp>In a case like this, almost certainly the panel will refer it to the en banc court. It would then go to a judge who's called the en banc coordinator. That coordinator will send it out and say here's a petition for rehearing en banc – and they get a ton of these. But this one will get special attention.\u003c/p>\n\u003cp>A majority of active judges in the circuit needs to grant an en banc hearing. That's 13 votes, which is very hard to get in a circuit that has 7,000 – 8,000 appeals filed a year. They grant maybe 15-20 en bancs a year.\u003c/p>\n\u003cdiv>I think [Prop 8 proponents] are pretty disappointed with Judge Smith's dissent, which was not a ringing Scalia-like forceful \"this is wrong.\" It was more like \"we should be cautious, although there are a lot of good points here.\"\u003c/div>\n\u003cp>The Supreme Court has said more than once that the 9th circuit ought to use its en banc power to clear up problematic decisions before the cases get to us. Then there are other judges who believe that if a case is an outlier, it's the Supreme Court's job to clear it up, not the en banc court.\u003c/p>\n\u003cp>Here's the kind of case that's always granted en banc: a case in which different panels of the 9th Circuit have reached opposite conclusions, meaning an intra-circuit conflict. This case is not going to have any intra-circuit conflicts associated with it. The other kind of case is an inter-circuit conflict, where the opinion of the panel conflicts with opinions from other circuits.\u003c/p>\n\u003cp>The Prop 8 backers will assert that the panel's opinion conflicts with Supreme Court authority. The other thing they'll say is this is a matter of exceptional importance, even though it's a California case, because it's a huge state and also because parts of the panel's opinion cannot be limited to California.\u003c/p>\n\u003cp>For example, the panel's rejecting the pro-Prop 8 rationale for the law as not having a rational basis is not restricted to California. That rational basis analysis, you would think, applies to virtually any gay rights case.\u003c/p>\n\u003cp>There are judges on the circuit who believe that if there's an inter-circuit conflict, that's not a job for the en banc court, it's a job for the Supreme Court. But the Supreme Court, frankly, believes that 9th circuit panels generate more outlier decisions, and that a number of decisions every year are obviously incorrect. So they think these cases should be handled by the circuit en banc and not by the Supreme Court in a summary reversal. Every year a large number of summary reversals by the Supreme Court are from the 9th circuit.\u003c/p>\n\u003cp>\u003cstrong>Scott Shafer\u003c/strong>\u003c/p>\n\u003cp>What’s the legal strategy in asking for an en banc panel? The en banc panel is chosen at random, so it's a bit of a crapshoot, isn't it?\u003c/p>\n\u003cp>\u003cstrong>Rory Little\u003c/strong>\u003c/p>\n\u003cp>The strategy is that if they ask for en banc and it's denied, then in a sense they've exhausted all the remedies, and it makes it a slightly stronger case for Supreme Court review. Because the Supreme Court often says 'why didn't you ask for an en banc hearing?'\u003c/p>\n\u003cp>Secondly, my guess is they believe they would do better if the right judges were put on the en banc panel. If they get \u003ca href=\"http://www.fjc.gov/servlet/nGetInfo?jid=1803&cid=999&ctype=na&instate=na\">O`Scannlain\u003c/a> or \u003ca href=\"http://www.fjc.gov/servlet/nGetInfo?jid=2981&cid=999&ctype=na&instate=na\">Bybee\u003c/a> or \u003ca href=\"http://www.fjc.gov/servlet/nGetInfo?jid=3121&cid=999&ctype=na&instate=na\">Ikuta\u003c/a> my guess is they might get a stronger dissent.\u003c/p>\n\u003cp>I think they're pretty disappointed with Judge Smith's dissent, which was not a ringing Scalia-like forceful \"this is wrong.\" It was more like \"we should be cautious, although there are a lot of good points here.\"\u003c/p>\n\u003cp>Here's the best result for proponents: They don't get enough votes for en banc, but they get a forceful dissent from the denial of en banc from O`Scannlain and Bybee and whoever they can pick up, which they can then use as their petition to the Supreme Court. Bybee and O`Scannlain have had a number of cases granted in the last five years from their dissents from en banc. Those guys are in the business of writing cert petitions, basically. And they're powerful writers.\u003c/p>\n\u003cp>\u003cstrong>Scott Shafer\u003c/strong>\u003c/p>\n\u003cp>In terms of timing, do new briefs have to be filed with the en banc panel?\u003c/p>\n\u003cp>\u003cstrong>Rory Little\u003c/strong>\u003c/p>\n\u003cp>They do not have to have a second round of briefing. There are circuits that routinely do en banc without new briefs being filed. The 9th Circuit has tended to ask for a new en banc briefing, because sometimes the cases on which they grant en banc haven't been briefed very well, frankly. But that's hard to say in this case.\u003c/p>\n\u003cp>There will be people really strategically maneuvering within the court on this one, on both sides. There is an argument that says, fine, let's re-hear it en banc, and now we'll get eight judges to say it's unconstitutional instead of just two.\u003c/p>\u003c/blockquote>\n\u003cp> \u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp> \u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Update Tuesday\u003c/em>: \u003ca href=\"http://ww2.kqed.org/news/2012/06/05/prop-8-en-banc-ruling/\">\u003cstrong>The petition for an en banc rehearing has been denied\u003c/strong>\u003c/a>.\u003c/p>\n\u003cp>\u003cem>Monday's post\u003c/em>\u003c/p>\n\u003cp>The Ninth Circuit Court of Appeals just announced there will be a filing tomorrow in Perry v. Brown -- the Proposition 8 case.\u003c/p>\n\u003cfigure id=\"attachment_55632\" class=\"wp-caption alignleft\" style=\"max-width: 285px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop8.jpg\">\u003cimg class=\"size-full wp-image-55632\" title=\"prop8\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/prop8.jpg\" alt=\"\" width=\"285\" height=\"213\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Kids at an anti-Prop 8 rally before a 9th Circuit hearing\u003c/figcaption>\u003c/figure>\n\u003cp>\"The filing will be available from the Ninth Circuit Court of Appeals website, www.ca9.uscourts.gov/opinions,\" the court said.\u003c/p>\n\u003cp>KQED's Scott Shafer said this is almost surely the decision on whether to rehear the case en banc. An en banc panel is made up of 11 judges, chosen at random from the circuit.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>(\u003cstrong>Update 3:40 p.m.\u003c/strong> The court just sent out a notice that tomorrow's filing will indeed relate to the petition for rehearing en banc.)\u003c/p>\n\u003cp>If the 9th Circuit denies the request, Prop 8 supporters will almost certainly ask the United States Supreme Court to hear the case.\u003c/p>\n\u003cp>Proponents of Prop 8, California's same-sex marriage ban, asked the 9th Circuit for the en banc review in February, after a \u003ca href=\"http://ww2.kqed.org/news/2012/02/07/prop-8-appeals-court-decision/\">ruling by a three-judge panel upheld Judge Vaughn Walker's 2010 decision striking down the law as unconstitutional\u003c/a>. (You can read the \u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Prop8_EnBanc_Petition.pdf\">petition for the en banc panel here\u003c/a>.)\u003c/p>\n\u003cp>In the 2-1 decision validating Walker's ruling, the court wrote: \"Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples.\"\u003c/p>\n\u003cp>Judges Stephen Reinhardt and Michael Daly Hawkins, appointed by Democrats, voted to uphold Walker's ruling. Judge N. Randy Smith, appointed by George W. Bush, dissented, asserting he wasn't convinced that there isn't a rational reason behind the ban. \u003c!--more-->\u003c/p>\n\u003cp>As Scott Shafer reported at the time, \"one of the unknowns before the decision was whether the ruling would be broad, having national significance, or a narrower one that focused on Prop 8 in California. The decision was a narrow one, focusing on the proposition itself and the fact that California voters withdrew a right that had existed before Prop 8 was passed. The narrower ruling might make it a little less likely that the Supreme Court would take the case up, but that remains to be seen.\"\u003c/p>\n\u003cp>One legal analyst Shafer spoke to said the majority opinion was written with an eye toward dissuading the Supreme Court from hearing the case. \"By limiting the ruling and the reasoning to California and to Proposition 8,\" said UC Davis' Vik Amar, \"the Ninth Circuit judges at least give the Supreme Court an excuse not to step in.\"\u003c/p>\n\u003cp>After the filing asking for the en banc panel, Shafer talked to Hastings law professor Rory Little about the procedure for and the legal strategy behind the request. Edited transcript\u003c/p>\n\u003cblockquote>\u003cp>\u003cstrong>Scott Shafer\u003c/strong>\u003c/p>\n\u003cp>Explain the en banc process.\u003c/p>\n\u003cp>\u003cstrong>Hastings Law Professor Rory Little\u003c/strong>\u003c/p>\n\u003cp>Normally the filing is styled as a petition for a rehearing or for a rehearing en banc. A rehearing by the original panel is not granted very often. It's possible that the original panel either determines that the petitioners have shown an obvious error, so we don't need to go en banc because we can correct it ourselves, or the panel will sometimes adjust their opinion trying to head off an en banc. They're not likely to consider granting a rehearing of their own, but you never know.\u003c/p>\n\u003cp>In a case like this, almost certainly the panel will refer it to the en banc court. It would then go to a judge who's called the en banc coordinator. That coordinator will send it out and say here's a petition for rehearing en banc – and they get a ton of these. But this one will get special attention.\u003c/p>\n\u003cp>A majority of active judges in the circuit needs to grant an en banc hearing. That's 13 votes, which is very hard to get in a circuit that has 7,000 – 8,000 appeals filed a year. They grant maybe 15-20 en bancs a year.\u003c/p>\n\u003cdiv>I think [Prop 8 proponents] are pretty disappointed with Judge Smith's dissent, which was not a ringing Scalia-like forceful \"this is wrong.\" It was more like \"we should be cautious, although there are a lot of good points here.\"\u003c/div>\n\u003cp>The Supreme Court has said more than once that the 9th circuit ought to use its en banc power to clear up problematic decisions before the cases get to us. Then there are other judges who believe that if a case is an outlier, it's the Supreme Court's job to clear it up, not the en banc court.\u003c/p>\n\u003cp>Here's the kind of case that's always granted en banc: a case in which different panels of the 9th Circuit have reached opposite conclusions, meaning an intra-circuit conflict. This case is not going to have any intra-circuit conflicts associated with it. The other kind of case is an inter-circuit conflict, where the opinion of the panel conflicts with opinions from other circuits.\u003c/p>\n\u003cp>The Prop 8 backers will assert that the panel's opinion conflicts with Supreme Court authority. The other thing they'll say is this is a matter of exceptional importance, even though it's a California case, because it's a huge state and also because parts of the panel's opinion cannot be limited to California.\u003c/p>\n\u003cp>For example, the panel's rejecting the pro-Prop 8 rationale for the law as not having a rational basis is not restricted to California. That rational basis analysis, you would think, applies to virtually any gay rights case.\u003c/p>\n\u003cp>There are judges on the circuit who believe that if there's an inter-circuit conflict, that's not a job for the en banc court, it's a job for the Supreme Court. But the Supreme Court, frankly, believes that 9th circuit panels generate more outlier decisions, and that a number of decisions every year are obviously incorrect. So they think these cases should be handled by the circuit en banc and not by the Supreme Court in a summary reversal. Every year a large number of summary reversals by the Supreme Court are from the 9th circuit.\u003c/p>\n\u003cp>\u003cstrong>Scott Shafer\u003c/strong>\u003c/p>\n\u003cp>What’s the legal strategy in asking for an en banc panel? The en banc panel is chosen at random, so it's a bit of a crapshoot, isn't it?\u003c/p>\n\u003cp>\u003cstrong>Rory Little\u003c/strong>\u003c/p>\n\u003cp>The strategy is that if they ask for en banc and it's denied, then in a sense they've exhausted all the remedies, and it makes it a slightly stronger case for Supreme Court review. Because the Supreme Court often says 'why didn't you ask for an en banc hearing?'\u003c/p>\n\u003cp>Secondly, my guess is they believe they would do better if the right judges were put on the en banc panel. If they get \u003ca href=\"http://www.fjc.gov/servlet/nGetInfo?jid=1803&cid=999&ctype=na&instate=na\">O`Scannlain\u003c/a> or \u003ca href=\"http://www.fjc.gov/servlet/nGetInfo?jid=2981&cid=999&ctype=na&instate=na\">Bybee\u003c/a> or \u003ca href=\"http://www.fjc.gov/servlet/nGetInfo?jid=3121&cid=999&ctype=na&instate=na\">Ikuta\u003c/a> my guess is they might get a stronger dissent.\u003c/p>\n\u003cp>I think they're pretty disappointed with Judge Smith's dissent, which was not a ringing Scalia-like forceful \"this is wrong.\" It was more like \"we should be cautious, although there are a lot of good points here.\"\u003c/p>\n\u003cp>Here's the best result for proponents: They don't get enough votes for en banc, but they get a forceful dissent from the denial of en banc from O`Scannlain and Bybee and whoever they can pick up, which they can then use as their petition to the Supreme Court. Bybee and O`Scannlain have had a number of cases granted in the last five years from their dissents from en banc. Those guys are in the business of writing cert petitions, basically. And they're powerful writers.\u003c/p>\n\u003cp>\u003cstrong>Scott Shafer\u003c/strong>\u003c/p>\n\u003cp>In terms of timing, do new briefs have to be filed with the en banc panel?\u003c/p>\n\u003cp>\u003cstrong>Rory Little\u003c/strong>\u003c/p>\n\u003cp>They do not have to have a second round of briefing. There are circuits that routinely do en banc without new briefs being filed. The 9th Circuit has tended to ask for a new en banc briefing, because sometimes the cases on which they grant en banc haven't been briefed very well, frankly. But that's hard to say in this case.\u003c/p>\n\u003cp>There will be people really strategically maneuvering within the court on this one, on both sides. There is an argument that says, fine, let's re-hear it en banc, and now we'll get eight judges to say it's unconstitutional instead of just two.\u003c/p>\u003c/blockquote>\n\u003cp> \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Federal Appeals Court Rules Defense of Marriage Act Unconstitutional",
"title": "Federal Appeals Court Rules Defense of Marriage Act Unconstitutional",
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"content": "\u003cp>BOSTON (AP) A federal appeals court Thursday declared that the Defense of Marriage Act unconstitutionally denies federal benefits to married gay couples, a ruling all but certain to wind up before the U.S. Supreme Court.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cul>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/05/09/obama-declares-support-for-gay-marriage/\">\u003cstrong>Video: Pres. Obama says 'I Think Same-Sex Couples Should Be Able to Get Married'\u003c/strong>\u003c/a>\n\u003c/li>\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2011/07/21/debate-defense-of-marriage-act/\">\u003cstrong>Debate on repealing DOMA\u003c/strong>\u003c/a> (KQED Forum)\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>In its unanimous ruling, the three-judge panel of the 1st U.S. Circuit Court of Appeals in Boston said the 1996 law that defines marriage as a union between a man and a woman discriminates against gay couples because it doesn't give them the same rights and privileges as heterosexual couples.\u003c/p>\n\u003cp>The court didn't rule on the law's other politically combustible provision, which said states without same-sex marriage cannot be forced to recognize gay unions performed in states where it's legal. It also wasn't asked to address whether gay couples have a constitutional right to marry.\u003c/p>\n\u003cp>The law was passed at a time when it appeared Hawaii would legalize gay marriage. Since then, many states have instituted their own bans on gay marriage, while eight states have approved it, led by Massachusetts in 2004. \u003c!--more-->\u003c/p>\n\u003cp>The appeals court agreed with a lower court judge who ruled in 2010 that the law is unconstitutional because it interferes with the right of a state to define marriage and denies married gay couples federal benefits given to heterosexual married couples, including the ability to file joint tax returns.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The 1st Circuit said its ruling wouldn't be enforced until the U.S. Supreme Court decides the case, meaning that same-sex married couples will not be eligible to receive the economic benefits denied by DOMA until the high court rules.\u003c/p>\n\u003cp>That's because the ruling only applies to states within the circuit, including Massachusetts, Rhode Island, Maine, New Hampshire and Puerto Rico. Only the Supreme Court has the final say in deciding whether a law passed by Congress is unconstitutional.\u003c/p>\n\u003cp>During arguments before the court last month, a lawyer for gay married couples said the law amounts to ``across-the-board disrespect.'' The couples argued that the power to define and regulate marriage had been left to the states for more than 200 years before Congress passed DOMA.\u003c/p>\n\u003cp>An attorney defending the law argued that Congress had a rational basis for passing it in 1996, when opponents worried that states would be forced to recognize gay marriages performed elsewhere. The group said Congress wanted to preserve a traditional and uniform definition of marriage and has the power to define terms used to federal statutes to distribute federal benefits.\u003c/p>\n\u003cp>Since DOMA was passed in 1996, many states have instituted their own bans on gay marriage, while eight states have approved it, including Massachusetts, Connecticut, New York, Iowa, New Hampshire, Vermont, Maryland, Washington state and the District of Columbia. Maryland and Washington's laws are not yet in effect and may be subject to referendums.\u003c/p>\n\u003cp>Last year, President Barack Obama announced the U.S. Department of Justice would no longer defend the constitutionality of the law. After that, House Speaker John Boehner convened the Bipartisan Legal Advisory Group to defend it.\u003c/p>\n\u003cp>Gay & Lesbian Advocates & Defenders, the Boston-based legal group that brought one of the lawsuits on behalf of gay married couples, said the court agreed with the couples that it is unconstitutional because it takes one group of legally married people and treats them as ``a different class'' by making them ineligible for benefits given to other married couples.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>``We've been working on this issue for so many years, and for the court to acknowledge that yes, same-sex couples are legally married, just as any other couple, is fantastic and extraordinary,'' said Lee Swislow, GLAD's executive director. \u003c/p>\n\n",
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"description": "BOSTON (AP) A federal appeals court Thursday declared that the Defense of Marriage Act unconstitutionally denies federal benefits to married gay couples, a ruling all but certain to wind up before the U.S. Supreme Court. Video: Pres. Obama says 'I Think Same-Sex Couples Should Be Able to Get Married' Debate on repealing DOMA (KQED Forum)",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>BOSTON (AP) A federal appeals court Thursday declared that the Defense of Marriage Act unconstitutionally denies federal benefits to married gay couples, a ruling all but certain to wind up before the U.S. Supreme Court.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cul>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/05/09/obama-declares-support-for-gay-marriage/\">\u003cstrong>Video: Pres. Obama says 'I Think Same-Sex Couples Should Be Able to Get Married'\u003c/strong>\u003c/a>\n\u003c/li>\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2011/07/21/debate-defense-of-marriage-act/\">\u003cstrong>Debate on repealing DOMA\u003c/strong>\u003c/a> (KQED Forum)\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>In its unanimous ruling, the three-judge panel of the 1st U.S. Circuit Court of Appeals in Boston said the 1996 law that defines marriage as a union between a man and a woman discriminates against gay couples because it doesn't give them the same rights and privileges as heterosexual couples.\u003c/p>\n\u003cp>The court didn't rule on the law's other politically combustible provision, which said states without same-sex marriage cannot be forced to recognize gay unions performed in states where it's legal. It also wasn't asked to address whether gay couples have a constitutional right to marry.\u003c/p>\n\u003cp>The law was passed at a time when it appeared Hawaii would legalize gay marriage. Since then, many states have instituted their own bans on gay marriage, while eight states have approved it, led by Massachusetts in 2004. \u003c!--more-->\u003c/p>\n\u003cp>The appeals court agreed with a lower court judge who ruled in 2010 that the law is unconstitutional because it interferes with the right of a state to define marriage and denies married gay couples federal benefits given to heterosexual married couples, including the ability to file joint tax returns.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The 1st Circuit said its ruling wouldn't be enforced until the U.S. Supreme Court decides the case, meaning that same-sex married couples will not be eligible to receive the economic benefits denied by DOMA until the high court rules.\u003c/p>\n\u003cp>That's because the ruling only applies to states within the circuit, including Massachusetts, Rhode Island, Maine, New Hampshire and Puerto Rico. Only the Supreme Court has the final say in deciding whether a law passed by Congress is unconstitutional.\u003c/p>\n\u003cp>During arguments before the court last month, a lawyer for gay married couples said the law amounts to ``across-the-board disrespect.'' The couples argued that the power to define and regulate marriage had been left to the states for more than 200 years before Congress passed DOMA.\u003c/p>\n\u003cp>An attorney defending the law argued that Congress had a rational basis for passing it in 1996, when opponents worried that states would be forced to recognize gay marriages performed elsewhere. The group said Congress wanted to preserve a traditional and uniform definition of marriage and has the power to define terms used to federal statutes to distribute federal benefits.\u003c/p>\n\u003cp>Since DOMA was passed in 1996, many states have instituted their own bans on gay marriage, while eight states have approved it, including Massachusetts, Connecticut, New York, Iowa, New Hampshire, Vermont, Maryland, Washington state and the District of Columbia. Maryland and Washington's laws are not yet in effect and may be subject to referendums.\u003c/p>\n\u003cp>Last year, President Barack Obama announced the U.S. Department of Justice would no longer defend the constitutionality of the law. After that, House Speaker John Boehner convened the Bipartisan Legal Advisory Group to defend it.\u003c/p>\n\u003cp>Gay & Lesbian Advocates & Defenders, the Boston-based legal group that brought one of the lawsuits on behalf of gay married couples, said the court agreed with the couples that it is unconstitutional because it takes one group of legally married people and treats them as ``a different class'' by making them ineligible for benefits given to other married couples.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>``We've been working on this issue for so many years, and for the court to acknowledge that yes, same-sex couples are legally married, just as any other couple, is fantastic and extraordinary,'' said Lee Swislow, GLAD's executive director. \u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "San Diego Church Puts up N. Carolina Billboard Slamming Same-Sex Marriage Ban Backers; Interview With Pastor",
"title": "San Diego Church Puts up N. Carolina Billboard Slamming Same-Sex Marriage Ban Backers; Interview With Pastor",
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"content": "\u003cp>Not sure this is going to go over well in North Carolina.\u003c/p>\n\u003cp>In fact, I know it's not, judging by some of the \u003ca href=\"http://www.wsoctv.com/news/news/local/california-church-plans-billboard-charlotte-offeri/nPGCk/#cmComments\">comments\u003c/a> on this \u003ca href=\"http://www.wsoctv.com/news/news/local/california-church-plans-billboard-charlotte-offeri/nPGCk/\">WSOC TV Charlotte news story\u003c/a> about a San Diego church's plan to put up a billboard in the city with a message condemning the state's recent passage of \u003ca href=\"http://www.ballotpedia.org/wiki/index.php/North_Carolina_Same-Sex_Marriage,_Amendment_1_%28May_2012%29\">Amendment One\u003c/a>. That measure, which decrees that \"marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State,\" enshrined a ban on same-sex marriage in the constitution and potentially threatens the legality of civil unions and other types of domestic partnerships between same-sex couples.\u003c/p>\n\u003cp>Here's what the San Diego church's billboard says:\u003c/p>\n\u003cblockquote>\u003cp>Missiongathering Christian Church is sorry for the narrow-minded, judgmental, deceptive, manipulative actions of those who denied rights and equality to so many in the Name of God.\u003c/p>\u003c/blockquote>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/05/ncarolinabillbarod.jpg\">\u003cimg class=\"aligncenter size-medium wp-image-66658\" title=\"ncarolinabillbarod\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/05/ncarolinabillbarod-300x112.jpg\" alt=\"\" width=\"386\" height=\"143\">\u003c/a>\u003c/p>\n\u003cp>This afternoon, KQED's Stephanie Martin interviewed Alex Roller, a pastor at \u003ca href=\"http://www.missiongathering.com/\">Missiongathering Church\u003c/a>, about the billboard. Edited transcript...\u003c/p>\n\u003cblockquote>\u003cp>\u003cstrong>STEPHANIE MARTIN\u003c/strong>: What's the status of the billboard?\u003c/p>\n\u003cp>\u003cstrong>PASTOR ALEX ROLLER\u003c/strong>: I haven't heard if it's been put up yet, but it was scheduled to be put up today.\u003c/p>\n\u003cp>\u003cstrong>STEPHANIE MARTIN\u003c/strong>: \u003ca href=\"http://www.usatoday.com/news/religion/story/2012-05-03/billy-graham-gay-marriage/54725250/1\">Billy Graham campaigned for Amendment One\u003c/a> and you put the sign on Billy Graham Parkway....\u003c/p>\n\u003cp>\u003cstrong>ALEX ROLLER\u003c/strong>: Yes, but also the location had to do with the visibleness of the location. It's right outside the airport, and it's at the intersection of Billy Graham Parkway and I-74. And because of the number of words on the billboard, we wanted it to be at a place that was prominent, but where people driving by would either be slowing down or could read the entire text while continuing.\u003c/p>\n\u003cp>\u003cstrong>STEPHANIE MARTIN\u003c/strong>: And this is similar to something you put up in California a few years ago?\u003c/p>\n\u003cp>\u003cstrong>ALEX ROLLER\u003c/strong>: Yes we posted two billboards in San Diego in response to Proposition 8 in 2008, as a way to say that some Christians don’t speak for all Christians, that there are progressive Christians who believe in the Bible and Jesus but still support marriage equality and rights for the LGBT population. The only difference in the language this time is the billboard will read \"took away the rights and equality,\" because when Prop 8 passed gay marriage had been legal.\u003c/p>\n\u003cp>\u003cstrong>STEPHANIE MARTIN\u003c/strong>: You're a California church. Why go clear across the country to North Carolina to do something like this?\u003c/p>\n\u003cp>\u003cstrong>ALEX ROLLER\u003c/strong>: North Carolina kind of came to us. When Amendment One passed, images of the Prop 8 billboard began to resurface online. Human Rights Campaign of North Carolina posted the image, and we started getting phone calls and emails from across the country and even from Canada and the UK, thanking us for the message.\u003c/p>\n\u003cp>And we thought, what if we were able to continue the message we put out there after Prop 8, and to stand in solidarity with LGBT people of North Carolina and straight allies, to say there are people of faith who love and support this community and stand in solidarity with this community and we just want them to know our hearts are with you.\u003c/p>\n\u003cp>\u003cstrong>STEPHANIE MARTIN\u003c/strong>: How did the Prop 8 billboards go over?\u003c/p>\n\u003cp>\u003cstrong>ALEX ROLLER\u003c/strong>: Very well. Once the photos of the billboard went viral, it hit like 37 different blog threads worldwide within about a week. And we received thousands of emails, phonecalls and postcards thanking us. We received our fair share of criticism of well, since San Diego was ground zero for Proposition 8. But the vast majority of the response was grateful and supportive.\u003c/p>\n\u003cp>\u003cstrong>STEPHANIE MARTIN\u003c/strong>: Are there plans for more billboards?\u003c/p>\n\u003cp>\u003cstrong>ALEX ROLLER\u003c/strong>: We don't know. There's a Facebook fan page where people can come and participate in dialogue and download a profile-sized version of the apology that says as a Christian I'm sorry, to join in spreading the news and message of the movement that there are likeminded people of faith and even likeminded people not of faith who want to stand in solidarity with the LGBT community.\u003c/p>\n\u003cp>We know there are several other states in the next several weeks and months that are going to be voting on similar issues. It's possible that if equality is denied in other places, we'll attempt to raise funds to put the apology up in those states and cities as well.\u003c/p>\n\u003cp>\u003cstrong>STEPHANIE MARTIN\u003c/strong>: How much did this billboard cost you?\u003c/p>\n\u003cp>\u003cstrong>ALEX ROLLER\u003c/strong>: Three thousand dollars, for four weeks.\u003c/p>\n\u003cp>\u003cstrong>STEPHANIE MARTIN\u003c/strong>: Where did you get the money?\u003c/p>\n\u003cp>\u003cstrong>ALEX ROLLER\u003c/strong>: We had some people come to the church and when they heard we were thinking about doing this, they wanted to help pay for it. We also have started a \u003ca href=\"http://givimo.com/\">Givmo\u003c/a> page, which is a social network fundraising site where people can go and view why we're doing the billboard and contribute.\u003c/p>\n\u003cp>\u003cstrong>STEPHANIE MARTIN\u003c/strong>: The Democratic Convention is coming to Charlotte in September. Are you going to try to extend the billboard?\u003c/p>\n\u003cp>\u003cstrong>ALEX ROLLER\u003c/strong>: That's certainly a possibility. We don't necessarily have direct plans to do that at this point.\u003c/p>\n\u003cp>\u003cstrong>STEPHANIE MARTIN\u003c/strong>: How big of a church are you?\u003c/p>\n\u003cp>\u003cstrong>ALEX ROLLER\u003c/strong>: About 300.\u003c/p>\n\u003cp>\u003cstrong>STEPHANIE MARTIN\u003c/strong>: How do you feel about the negative comments about this so far?\u003c/p>\n\u003cp>\u003cstrong>ALEX ROLLER\u003c/strong>: We definitely anticipated we'd likely receive a lot more criticism and negative feedback in North Carolina than we did over the California billboards in 2008. We certainly have received a lot of negative and angry emails already.\u003c/p>\n\u003cp>We are certainly all entitled to our opinions and perspectives. Our goal in putting out the message of this apology was to say to the LGBT community of North Carolina and likeminded straight allies that there are people across the country that stand in support with you, and to know that you're not alone in this journey for the fight for marriage equality. And to say if you're an LGBT person of faith that there is a place for you; you don't have to abandon your faith to live who you are as a person.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Update Wednesday\u003c/strong>: Alex Roller tells Stephanie Martin that the billboard is now up. He writes: \"Because of the delay in getting it put up, they are also running the billboard on one of their digital billboards in another location (BIlly Graham Pkwy & I -85) for the rest of the week.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Not sure this is going to go over well in North Carolina.\u003c/p>\n\u003cp>In fact, I know it's not, judging by some of the \u003ca href=\"http://www.wsoctv.com/news/news/local/california-church-plans-billboard-charlotte-offeri/nPGCk/#cmComments\">comments\u003c/a> on this \u003ca href=\"http://www.wsoctv.com/news/news/local/california-church-plans-billboard-charlotte-offeri/nPGCk/\">WSOC TV Charlotte news story\u003c/a> about a San Diego church's plan to put up a billboard in the city with a message condemning the state's recent passage of \u003ca href=\"http://www.ballotpedia.org/wiki/index.php/North_Carolina_Same-Sex_Marriage,_Amendment_1_%28May_2012%29\">Amendment One\u003c/a>. That measure, which decrees that \"marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State,\" enshrined a ban on same-sex marriage in the constitution and potentially threatens the legality of civil unions and other types of domestic partnerships between same-sex couples.\u003c/p>\n\u003cp>Here's what the San Diego church's billboard says:\u003c/p>\n\u003cblockquote>\u003cp>Missiongathering Christian Church is sorry for the narrow-minded, judgmental, deceptive, manipulative actions of those who denied rights and equality to so many in the Name of God.\u003c/p>\u003c/blockquote>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/05/ncarolinabillbarod.jpg\">\u003cimg class=\"aligncenter size-medium wp-image-66658\" title=\"ncarolinabillbarod\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/05/ncarolinabillbarod-300x112.jpg\" alt=\"\" width=\"386\" height=\"143\">\u003c/a>\u003c/p>\n\u003cp>This afternoon, KQED's Stephanie Martin interviewed Alex Roller, a pastor at \u003ca href=\"http://www.missiongathering.com/\">Missiongathering Church\u003c/a>, about the billboard. Edited transcript...\u003c/p>\n\u003cblockquote>\u003cp>\u003cstrong>STEPHANIE MARTIN\u003c/strong>: What's the status of the billboard?\u003c/p>\n\u003cp>\u003cstrong>PASTOR ALEX ROLLER\u003c/strong>: I haven't heard if it's been put up yet, but it was scheduled to be put up today.\u003c/p>\n\u003cp>\u003cstrong>STEPHANIE MARTIN\u003c/strong>: \u003ca href=\"http://www.usatoday.com/news/religion/story/2012-05-03/billy-graham-gay-marriage/54725250/1\">Billy Graham campaigned for Amendment One\u003c/a> and you put the sign on Billy Graham Parkway....\u003c/p>\n\u003cp>\u003cstrong>ALEX ROLLER\u003c/strong>: Yes, but also the location had to do with the visibleness of the location. It's right outside the airport, and it's at the intersection of Billy Graham Parkway and I-74. And because of the number of words on the billboard, we wanted it to be at a place that was prominent, but where people driving by would either be slowing down or could read the entire text while continuing.\u003c/p>\n\u003cp>\u003cstrong>STEPHANIE MARTIN\u003c/strong>: And this is similar to something you put up in California a few years ago?\u003c/p>\n\u003cp>\u003cstrong>ALEX ROLLER\u003c/strong>: Yes we posted two billboards in San Diego in response to Proposition 8 in 2008, as a way to say that some Christians don’t speak for all Christians, that there are progressive Christians who believe in the Bible and Jesus but still support marriage equality and rights for the LGBT population. The only difference in the language this time is the billboard will read \"took away the rights and equality,\" because when Prop 8 passed gay marriage had been legal.\u003c/p>\n\u003cp>\u003cstrong>STEPHANIE MARTIN\u003c/strong>: You're a California church. Why go clear across the country to North Carolina to do something like this?\u003c/p>\n\u003cp>\u003cstrong>ALEX ROLLER\u003c/strong>: North Carolina kind of came to us. When Amendment One passed, images of the Prop 8 billboard began to resurface online. Human Rights Campaign of North Carolina posted the image, and we started getting phone calls and emails from across the country and even from Canada and the UK, thanking us for the message.\u003c/p>\n\u003cp>And we thought, what if we were able to continue the message we put out there after Prop 8, and to stand in solidarity with LGBT people of North Carolina and straight allies, to say there are people of faith who love and support this community and stand in solidarity with this community and we just want them to know our hearts are with you.\u003c/p>\n\u003cp>\u003cstrong>STEPHANIE MARTIN\u003c/strong>: How did the Prop 8 billboards go over?\u003c/p>\n\u003cp>\u003cstrong>ALEX ROLLER\u003c/strong>: Very well. Once the photos of the billboard went viral, it hit like 37 different blog threads worldwide within about a week. And we received thousands of emails, phonecalls and postcards thanking us. We received our fair share of criticism of well, since San Diego was ground zero for Proposition 8. But the vast majority of the response was grateful and supportive.\u003c/p>\n\u003cp>\u003cstrong>STEPHANIE MARTIN\u003c/strong>: Are there plans for more billboards?\u003c/p>\n\u003cp>\u003cstrong>ALEX ROLLER\u003c/strong>: We don't know. There's a Facebook fan page where people can come and participate in dialogue and download a profile-sized version of the apology that says as a Christian I'm sorry, to join in spreading the news and message of the movement that there are likeminded people of faith and even likeminded people not of faith who want to stand in solidarity with the LGBT community.\u003c/p>\n\u003cp>We know there are several other states in the next several weeks and months that are going to be voting on similar issues. It's possible that if equality is denied in other places, we'll attempt to raise funds to put the apology up in those states and cities as well.\u003c/p>\n\u003cp>\u003cstrong>STEPHANIE MARTIN\u003c/strong>: How much did this billboard cost you?\u003c/p>\n\u003cp>\u003cstrong>ALEX ROLLER\u003c/strong>: Three thousand dollars, for four weeks.\u003c/p>\n\u003cp>\u003cstrong>STEPHANIE MARTIN\u003c/strong>: Where did you get the money?\u003c/p>\n\u003cp>\u003cstrong>ALEX ROLLER\u003c/strong>: We had some people come to the church and when they heard we were thinking about doing this, they wanted to help pay for it. We also have started a \u003ca href=\"http://givimo.com/\">Givmo\u003c/a> page, which is a social network fundraising site where people can go and view why we're doing the billboard and contribute.\u003c/p>\n\u003cp>\u003cstrong>STEPHANIE MARTIN\u003c/strong>: The Democratic Convention is coming to Charlotte in September. Are you going to try to extend the billboard?\u003c/p>\n\u003cp>\u003cstrong>ALEX ROLLER\u003c/strong>: That's certainly a possibility. We don't necessarily have direct plans to do that at this point.\u003c/p>\n\u003cp>\u003cstrong>STEPHANIE MARTIN\u003c/strong>: How big of a church are you?\u003c/p>\n\u003cp>\u003cstrong>ALEX ROLLER\u003c/strong>: About 300.\u003c/p>\n\u003cp>\u003cstrong>STEPHANIE MARTIN\u003c/strong>: How do you feel about the negative comments about this so far?\u003c/p>\n\u003cp>\u003cstrong>ALEX ROLLER\u003c/strong>: We definitely anticipated we'd likely receive a lot more criticism and negative feedback in North Carolina than we did over the California billboards in 2008. We certainly have received a lot of negative and angry emails already.\u003c/p>\n\u003cp>We are certainly all entitled to our opinions and perspectives. Our goal in putting out the message of this apology was to say to the LGBT community of North Carolina and likeminded straight allies that there are people across the country that stand in support with you, and to know that you're not alone in this journey for the fight for marriage equality. And to say if you're an LGBT person of faith that there is a place for you; you don't have to abandon your faith to live who you are as a person.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Update Wednesday\u003c/strong>: Alex Roller tells Stephanie Martin that the billboard is now up. He writes: \"Because of the delay in getting it put up, they are also running the billboard on one of their digital billboards in another location (BIlly Graham Pkwy & I -85) for the rest of the week.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>(Bay City News) A federal judge ruled in Oakland that the state's public-employee pension system must make long-term care insurance equally available to same-sex spouses and partners. \u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003ca href=\"http://ww2.kqed.org/news/2011/07/21/debate-defense-of-marriage-act/\">\u003cstrong>Debate on Repealing the Defense of Marriage Act\u003c/strong>\u003c/a> (News Fix, Jul 2011)\u003c/aside>\n\u003cp>U.S. District Judge Claudia Wilken said a provision of the federal Defense of Marriage Act, or DOMA, is unconstitutional to the extent that it limits same-sex spouses of state workers in obtaining the insurance.\u003c/p>\n\u003cp>The provision of the 1996 DOMA law defines marriage as \"a legal union of a one man and one woman as husband and wife.\" \u003c/p>\n\u003cp>It has been used to bar gay and lesbian spouses from obtaining a variety of federal benefits. \u003c/p>\n\u003cp>Wilken issued her ruling in a lawsuit filed against the California Public Employees' Retirement System, known as CalPERS, by same-sex couples. The system has refused to let gay spouses enroll in its federally approved insurance program on the ground that they were excluded by DOMA.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Wilken said the DOMA ban violated the U.S. Constitution's guarantee of equal treatment. She wrote that there was no proof the DOMA provision was \"rationally related to a legitimate government interest.\"\u003c/p>\n\u003cp>Today's decision makes Wilken the second trial judge in the U.S. District Court for Northern California to strike down that section of the 1996 law. \u003c!--more-->\u003c/p>\n\u003cp>U.S. District Judge Jeffrey White of San Francisco issued a similar ruling in February in a lawsuit filed by Karen Golinski, a federal appeals court staff attorney who wants to enroll her wife in the court's employee health plan. \u003c/p>\n\u003cp>An appeal of White's decision by a Republican-led Congressional group is slated to be heard by the 9th U.S. Circuit Court of Appeals in San Francisco in September.\u003c/p>\n\u003cp>The group, known as the Bipartisan Legal Advisory Group, is made up of the five top leaders of the House of Representatives. It stepped into both the cases before White and Wilken after the Obama Administration said last year it will no longer defend DOMA. \u003c/p>\n\u003cp>The group's three Republican members, including Speaker John Boehner of Ohio, supported intervening in the two lawsuits to defend DOMA. Its two Democratic members, including Minority Leader Nancy Pelosi of San Francisco, opposed doing so.\u003c/p>\n\u003cp>Another decision by a federal judge in Massachusetts striking down DOMA is on appeal before a U.S. appeals court in Boston.\u003c/p>\n\u003cp>In today's ruling, Wilken also struck down a U.S. Internal Revenue Service law to the extent that it bars domestic partners from enrolling in the long-term care insurance plan offered by CalPERS. \u003c/p>\n\u003cp>She ordered CalPERS to begin allowing gay and lesbian spouses and partners to enroll in the plan, but also said she will suspend that order during an appeal if the Congressional group files an appeal.\u003c/p>\n\u003cp>Wilken had indicated, in two previous rulings in which she declined to dismiss the case, that she was likely to strike down the DOMA provision. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The government-approved long-term care insurance plan offered by CalPERS gives participants federal tax benefits. \u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>(Bay City News) A federal judge ruled in Oakland that the state's public-employee pension system must make long-term care insurance equally available to same-sex spouses and partners. \u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003ca href=\"http://ww2.kqed.org/news/2011/07/21/debate-defense-of-marriage-act/\">\u003cstrong>Debate on Repealing the Defense of Marriage Act\u003c/strong>\u003c/a> (News Fix, Jul 2011)\u003c/aside>\n\u003cp>U.S. District Judge Claudia Wilken said a provision of the federal Defense of Marriage Act, or DOMA, is unconstitutional to the extent that it limits same-sex spouses of state workers in obtaining the insurance.\u003c/p>\n\u003cp>The provision of the 1996 DOMA law defines marriage as \"a legal union of a one man and one woman as husband and wife.\" \u003c/p>\n\u003cp>It has been used to bar gay and lesbian spouses from obtaining a variety of federal benefits. \u003c/p>\n\u003cp>Wilken issued her ruling in a lawsuit filed against the California Public Employees' Retirement System, known as CalPERS, by same-sex couples. The system has refused to let gay spouses enroll in its federally approved insurance program on the ground that they were excluded by DOMA.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Wilken said the DOMA ban violated the U.S. Constitution's guarantee of equal treatment. She wrote that there was no proof the DOMA provision was \"rationally related to a legitimate government interest.\"\u003c/p>\n\u003cp>Today's decision makes Wilken the second trial judge in the U.S. District Court for Northern California to strike down that section of the 1996 law. \u003c!--more-->\u003c/p>\n\u003cp>U.S. District Judge Jeffrey White of San Francisco issued a similar ruling in February in a lawsuit filed by Karen Golinski, a federal appeals court staff attorney who wants to enroll her wife in the court's employee health plan. \u003c/p>\n\u003cp>An appeal of White's decision by a Republican-led Congressional group is slated to be heard by the 9th U.S. Circuit Court of Appeals in San Francisco in September.\u003c/p>\n\u003cp>The group, known as the Bipartisan Legal Advisory Group, is made up of the five top leaders of the House of Representatives. It stepped into both the cases before White and Wilken after the Obama Administration said last year it will no longer defend DOMA. \u003c/p>\n\u003cp>The group's three Republican members, including Speaker John Boehner of Ohio, supported intervening in the two lawsuits to defend DOMA. Its two Democratic members, including Minority Leader Nancy Pelosi of San Francisco, opposed doing so.\u003c/p>\n\u003cp>Another decision by a federal judge in Massachusetts striking down DOMA is on appeal before a U.S. appeals court in Boston.\u003c/p>\n\u003cp>In today's ruling, Wilken also struck down a U.S. Internal Revenue Service law to the extent that it bars domestic partners from enrolling in the long-term care insurance plan offered by CalPERS. \u003c/p>\n\u003cp>She ordered CalPERS to begin allowing gay and lesbian spouses and partners to enroll in the plan, but also said she will suspend that order during an appeal if the Congressional group files an appeal.\u003c/p>\n\u003cp>Wilken had indicated, in two previous rulings in which she declined to dismiss the case, that she was likely to strike down the DOMA provision. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The government-approved long-term care insurance plan offered by CalPERS gives participants federal tax benefits. \u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Gay Rights Advocate Daughter of Cuban President Granted Visa to Attend SF Conference; Protest From Congressmembers",
"title": "Gay Rights Advocate Daughter of Cuban President Granted Visa to Attend SF Conference; Protest From Congressmembers",
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"content": "\u003cp>HAVANA (AP) — The daughter of Cuban President Raul Castro has been granted a U.S. visa to attend an academic conference in San Francisco and another event, one of her associates confirmed Thursday. The decision has already drawn fire from Cuban-American politicians and on anti-Castro blogs, which argue that she is an apologist for the Communist government her family has led for decades.\u003c/p>\n\u003caside class=\"pullquote alignleft\">Mariela Castro is a noted advocate of gay rights as the head of Cuba's National Center for Sex Education, and has been pushing for the island to legalize gay marriage for years.\u003c/aside>\n\u003cp>Mariela Castro is a noted advocate of gay rights as the head of Cuba's National Center for Sex Education, and has been pushing for the island to legalize gay marriage for years. She said recently that her father supports her efforts, despite his unwillingness to say so publically.\u003c/p>\n\u003cp>Castro received a visa from the U.S. State Department and will chair a panel on the politics of sexual diversity at a \u003ca href=\"http://lasa.international.pitt.edu/eng/\">gathering in San Francisco next week\u003c/a> organized by the Latin American Studies Association, an official at her institute told The Associated Press. The official spoke on condition of anonymity because she was not authorized to discuss the matter. The Web site of the New York Public Library says Castro is also scheduled to talk there on May 29. \u003c!--more-->\u003c/p>\n\u003cp>The U.S. State Department declined to comment, saying rules prohibit discussion of individual visa applications. A diplomat at the U.S. Interests Section in Cuba also had no comment.\u003c/p>\n\u003cdiv style=\"text-align: center\">\u003cem>Tranlated TeleSur news report on Mariela Castro and Cuban Conference Against Homophobia\u003c/em>\u003c/div>\n\u003cdiv style=\"text-align: center\">\u003ciframe width=\"420\" height=\"315\" src=\"http://www.youtube.com/embed/wKXHsvJ9kE4\" frameborder=\"0\">\u003c/iframe>\u003c/div>\n\u003cp>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Cuban-American Sen. Robert Menendez, a New Jersey Democrat, slammed the decision on Wednesday, even before the trip was confirmed. He called Mariela Castro \"a vociferous advocate of the regime and opponent of democracy.\" On Thursday, four other Cuban-American lawmakers added their voices to the outcry, noting that State Department guidelines prohibit visas to officers of the Communist Party or government of Cuba.\u003c/p>\n\u003cp>\"The administration's appalling decision to allow regime agents into the U.S. directly contradicts Congressional intent and longstanding U.S. foreign policy,\" wrote Representatives Mario Diaz-Balart, Ileana Ros-Lehtinen and David Rivera of Florida, along with Albio Sires of New Jersey in a letter to Secretary of State Hillary Rodham Clinton.\u003c/p>\n\u003caside class=\"pullquote alignleft\">The administration's appalling decision to allow regime agents into the U.S. directly contradicts Congressional intent and longstanding U.S. foreign policy\u003cbr>\n--Congressmembers' letter to Sec. of State Hillary Clinton\u003c/aside>\n\u003cp>\"While the Cuban people struggle for freedom against increasing brutality at the hands of Castro's thugs, the Obama administration is greeting high-level agents of that murderous dictatorship with open arms,\" they wrote. \"It is shameful that the Obama Administration would waive the common sense restrictions in place to appease the Castro dictatorship once again.\"\u003c/p>\n\u003cp>Despite the controversy, it is apparently not the first time Mariela Castro has gone to the United States. The official at her institute said Castro went to America in 2002 to receive an award for her work.\u003c/p>\n\u003cp>Nor is it uncommon for prominent Cubans, some with close links to the government, to receive U.S. visas. Eusebio Leal, a historian who has spearheaded the renovation of Old Havana and sits on the powerful Communist Party Central Committee, is currently on a visit to New York and Washington. Mariela Castro, despite being the daughter of Cuba's president and niece of retired revolutionary leader Fidel Castro, has no official link to the government, though her organization presumably receives state funding. It is not known whether she is a member of the Communist Party.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Washington and Havana have been locked in dispute for more than half a century, since a few months after Fidel Castro's rebels swept to power in 1959. Efforts at rapprochement following the election of President Barack Obama have fizzled, particularly since an American subcontractor working for USAID was arrested and sentenced to 15 years in prison in Cuba for bringing communications equipment onto the island illegally.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>HAVANA (AP) — The daughter of Cuban President Raul Castro has been granted a U.S. visa to attend an academic conference in San Francisco and another event, one of her associates confirmed Thursday. The decision has already drawn fire from Cuban-American politicians and on anti-Castro blogs, which argue that she is an apologist for the Communist government her family has led for decades.\u003c/p>\n\u003caside class=\"pullquote alignleft\">Mariela Castro is a noted advocate of gay rights as the head of Cuba's National Center for Sex Education, and has been pushing for the island to legalize gay marriage for years.\u003c/aside>\n\u003cp>Mariela Castro is a noted advocate of gay rights as the head of Cuba's National Center for Sex Education, and has been pushing for the island to legalize gay marriage for years. She said recently that her father supports her efforts, despite his unwillingness to say so publically.\u003c/p>\n\u003cp>Castro received a visa from the U.S. State Department and will chair a panel on the politics of sexual diversity at a \u003ca href=\"http://lasa.international.pitt.edu/eng/\">gathering in San Francisco next week\u003c/a> organized by the Latin American Studies Association, an official at her institute told The Associated Press. The official spoke on condition of anonymity because she was not authorized to discuss the matter. The Web site of the New York Public Library says Castro is also scheduled to talk there on May 29. \u003c!--more-->\u003c/p>\n\u003cp>The U.S. State Department declined to comment, saying rules prohibit discussion of individual visa applications. A diplomat at the U.S. Interests Section in Cuba also had no comment.\u003c/p>\n\u003cdiv style=\"text-align: center\">\u003cem>Tranlated TeleSur news report on Mariela Castro and Cuban Conference Against Homophobia\u003c/em>\u003c/div>\n\u003cdiv style=\"text-align: center\">\u003ciframe width=\"420\" height=\"315\" src=\"http://www.youtube.com/embed/wKXHsvJ9kE4\" frameborder=\"0\">\u003c/iframe>\u003c/div>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Cuban-American Sen. Robert Menendez, a New Jersey Democrat, slammed the decision on Wednesday, even before the trip was confirmed. He called Mariela Castro \"a vociferous advocate of the regime and opponent of democracy.\" On Thursday, four other Cuban-American lawmakers added their voices to the outcry, noting that State Department guidelines prohibit visas to officers of the Communist Party or government of Cuba.\u003c/p>\n\u003cp>\"The administration's appalling decision to allow regime agents into the U.S. directly contradicts Congressional intent and longstanding U.S. foreign policy,\" wrote Representatives Mario Diaz-Balart, Ileana Ros-Lehtinen and David Rivera of Florida, along with Albio Sires of New Jersey in a letter to Secretary of State Hillary Rodham Clinton.\u003c/p>\n\u003caside class=\"pullquote alignleft\">The administration's appalling decision to allow regime agents into the U.S. directly contradicts Congressional intent and longstanding U.S. foreign policy\u003cbr>\n--Congressmembers' letter to Sec. of State Hillary Clinton\u003c/aside>\n\u003cp>\"While the Cuban people struggle for freedom against increasing brutality at the hands of Castro's thugs, the Obama administration is greeting high-level agents of that murderous dictatorship with open arms,\" they wrote. \"It is shameful that the Obama Administration would waive the common sense restrictions in place to appease the Castro dictatorship once again.\"\u003c/p>\n\u003cp>Despite the controversy, it is apparently not the first time Mariela Castro has gone to the United States. The official at her institute said Castro went to America in 2002 to receive an award for her work.\u003c/p>\n\u003cp>Nor is it uncommon for prominent Cubans, some with close links to the government, to receive U.S. visas. Eusebio Leal, a historian who has spearheaded the renovation of Old Havana and sits on the powerful Communist Party Central Committee, is currently on a visit to New York and Washington. Mariela Castro, despite being the daughter of Cuba's president and niece of retired revolutionary leader Fidel Castro, has no official link to the government, though her organization presumably receives state funding. It is not known whether she is a member of the Communist Party.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Washington and Havana have been locked in dispute for more than half a century, since a few months after Fidel Castro's rebels swept to power in 1959. Efforts at rapprochement following the election of President Barack Obama have fizzled, particularly since an American subcontractor working for USAID was arrested and sentenced to 15 years in prison in Cuba for bringing communications equipment onto the island illegally.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Study Attempts to Reveal Science Behind 'Gaydar'",
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"content": "\u003cp>From \u003ca href=\"http://californiawatch.org/dailyreport/study-attempts-reveal-science-behind-gaydar-16222\">\u003cstrong>California Watch\u003c/strong>\u003c/a>\u003c/p>\n\u003cp>When a scholarly journal published a study this week on the purported existence of \"gaydar,\" the reaction ranged from \"no duh\" to offended.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003cstrong>\u003ca href=\"http://www.plosone.org/article/info%3Adoi%2F10.1371%2Fjournal.pone.0036671\">Read the study\u003c/a>\u003c/strong>\u003c/aside>\n\u003cp>Just how can someone accurately predict a person's sexuality based\u003cstrong> \u003c/strong>on a fleeting glimpse of a photograph?\u003c/p>\n\u003cp>But the new research from the University of Washington may shed some light. The researchers suggest that gaydar is a complex mental process that involves not only identifying particular facial features, but also those features’ configurations and relationships to one another.\u003c/p>\n\u003cp>The research appears in this week’s journal of the \u003ca href=\"http://www.plosone.org/article/info%3Adoi%2F10.1371%2Fjournal.pone.0036671\" target=\"_blank\">Public Library of Science.\u003c/a>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>We all make snap judgments several times a day, every day, when encountering strangers. \u003c!--more-->\u003c/p>\n\u003cp>“We call it intuition,” said \u003ca href=\"http://www.psych.utoronto.ca/users/spa/faculty/rule.php\" target=\"_blank\">Nicholas Rule\u003c/a>, a psychology researcher at the University of Toronto, who was not involved with this study. “When you get on a subway car and have only a split second to figure out who you’re going to sit next to, you’re using those first impressions.”\u003c/p>\n\u003cp>And according to scientists, we’re actually pretty good at making accurate snap judgments.\u003c/p>\n\u003cp>There are the obvious ones, such as telling the difference between a man and a woman, or gauging a person’s race or ethnicity, or assessing someone’s economic status.\u003c/p>\n\u003cp>But according to Rule and others’ research, we also can tell Mormons from non-Mormons (apparently, Mormons have healthier-looking skin), Democrats from Republicans (Democrats look kinder, Republicans more dominant), and we can apparently predict – based on high school photos – how long someone is going to live (something to do with impulsivity).\u003c/p>\n\u003cp>Sexual orientation is another area\u003cstrong> \u003c/strong>people have an ability to detect, the Public Library of Science article states.\u003c/p>\n\u003cp>In this latest research, Joshua Tabak at the University of Washington and his co-author, Vivian Zayas at Cornell University, tested the ability of college students to judge sexual orientation.\u003c/p>\n\u003cp>They collected photos from Facebook in which the target had identified himself or herself as gay or straight. In order to make sure that there were no “clues” or extra-physical “giveaways,” they excluded photographs in which people were wearing obvious makeup or glasses, had visible piercings or sported facial hair.\u003c/p>\n\u003cp>They then showed the photographs to the college students. But they let the students see each photo for only 50 milliseconds, which is about a third of the time it takes for a person to blink.\u003c/p>\n\u003cp>The researchers found that the students were better at guessing a person’s sexual orientation than you’d expect by chance. They also found that it was easier for the students to peg a woman’s sexual orientation – they did this 64 percent of the time accurately – than a man’s – which was around 57 percent of the time.\u003c/p>\n\u003cp>But in order to figure out how the students were making their snap judgments, the researchers turned some of the photos upside down.\u003c/p>\n\u003cp>According to Tabak, researchers have been unclear as to whether particular facial features – such as the eyes, nose or mouth – are the telltale sign or if it’s how the features are configured on the face – such as the distance between the eyes or the orientation of the lips relative to the chin.\u003c/p>\n\u003cp>Psychologists know that we have specific neurons that are used when assessing these configurations. However, if you turn a photograph upside down, these neurons don’t fire. They become useless.\u003c/p>\n\u003cp>Tabak found that the students still could tell sexual orientation when a photograph was turned upside down, but their accuracy decreased. He said this indicated that we’re using both feature assessment and configuration and that we use configuration to enhance our snap judgments of sexuality.\u003c/p>\n\u003cp>Both he and Rule said this kind of research, while interesting, could also have policy implications. The reality of gaydar, they say, undercuts arguments and laws, such as \"Don't Ask, Don't Tell,\" that rely on the premise that if sexuality is kept a secret, it will eliminate homophobia.\u003c/p>\n\u003cp>Others, however, say this kind of research has no place in policy discussions and might instead serve anti-gay agendas.\u003c/p>\n\u003cp>Aaron Belkin, director of the Los Angeles-based \u003ca href=\"http://www.palmcenter.org/\" target=\"_blank\">Palm Center\u003c/a>, an advocacy group for LGBT members in the armed services, said he was \"almost\" offended by the research and was skeptical that it had any policy implications.\u003c/p>\n\u003cp>\"Whether or not people's perceptions about the sexual orientation of another are accurate, the need for anti-discrimination legislation is just as urgent,\" Belkin said. \"You can have an inaccurate perception and still discriminate.\"\u003c/p>\n\u003cp>Being able to pinpoint someone's sexual identity by physicality \"does not necessarily have any effectiveness on laws designed to protect\" groups of people who might be discriminated against, said Belkin, who is also an associate professor of political science at San Francisco State University.\u003c/p>\n\u003cp>Belkin also pointed out that there is no way of knowing in this experiment whether some of those people photographed were gay and calling themselves straight.\u003c/p>\n\u003cp>Both Belkin and Cathy Renna, a gay-rights advocate and managing partner of \u003ca href=\"http://rennacommunications.com/\" target=\"_blank\">Renna Communications\u003c/a>, said this kind of research implicitly condones stereotyping, even if that is not the intent.\u003c/p>\n\u003cp>\"It’s so interesting because it plays into the idea that there are stereotypes that exist because there are commonalities in certain groups of people that pop up,\" Renna said. \"But there are always those, maybe a majority, that don't fit those stereotypes.\"\u003c/p>\n\u003cp>\"It’s like, what’s the point?\" she said. \"There’s real harm that can happen when we allow people to make assumptions. The reality is it is very easy to stay in the closet and not have people know you are LGBT. There are thousands upon thousands of people who have done it for years and decades.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Susanne Rust is an investigative journalist for \u003c/em>\u003ca href=\"http://californiawatch.org/\">\u003cem>California Watch\u003c/em>\u003c/a>.\u003c/p>\n\n",
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"description": "From California Watch When a scholarly journal published a study this week on the purported existence of "gaydar," the reaction ranged from "no duh" to offended. Read the study Just how can someone accurately predict a person's sexuality based on a fleeting glimpse of a photograph? But the new research from the University of Washington",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>From \u003ca href=\"http://californiawatch.org/dailyreport/study-attempts-reveal-science-behind-gaydar-16222\">\u003cstrong>California Watch\u003c/strong>\u003c/a>\u003c/p>\n\u003cp>When a scholarly journal published a study this week on the purported existence of \"gaydar,\" the reaction ranged from \"no duh\" to offended.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003cstrong>\u003ca href=\"http://www.plosone.org/article/info%3Adoi%2F10.1371%2Fjournal.pone.0036671\">Read the study\u003c/a>\u003c/strong>\u003c/aside>\n\u003cp>Just how can someone accurately predict a person's sexuality based\u003cstrong> \u003c/strong>on a fleeting glimpse of a photograph?\u003c/p>\n\u003cp>But the new research from the University of Washington may shed some light. The researchers suggest that gaydar is a complex mental process that involves not only identifying particular facial features, but also those features’ configurations and relationships to one another.\u003c/p>\n\u003cp>The research appears in this week’s journal of the \u003ca href=\"http://www.plosone.org/article/info%3Adoi%2F10.1371%2Fjournal.pone.0036671\" target=\"_blank\">Public Library of Science.\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>We all make snap judgments several times a day, every day, when encountering strangers. \u003c!--more-->\u003c/p>\n\u003cp>“We call it intuition,” said \u003ca href=\"http://www.psych.utoronto.ca/users/spa/faculty/rule.php\" target=\"_blank\">Nicholas Rule\u003c/a>, a psychology researcher at the University of Toronto, who was not involved with this study. “When you get on a subway car and have only a split second to figure out who you’re going to sit next to, you’re using those first impressions.”\u003c/p>\n\u003cp>And according to scientists, we’re actually pretty good at making accurate snap judgments.\u003c/p>\n\u003cp>There are the obvious ones, such as telling the difference between a man and a woman, or gauging a person’s race or ethnicity, or assessing someone’s economic status.\u003c/p>\n\u003cp>But according to Rule and others’ research, we also can tell Mormons from non-Mormons (apparently, Mormons have healthier-looking skin), Democrats from Republicans (Democrats look kinder, Republicans more dominant), and we can apparently predict – based on high school photos – how long someone is going to live (something to do with impulsivity).\u003c/p>\n\u003cp>Sexual orientation is another area\u003cstrong> \u003c/strong>people have an ability to detect, the Public Library of Science article states.\u003c/p>\n\u003cp>In this latest research, Joshua Tabak at the University of Washington and his co-author, Vivian Zayas at Cornell University, tested the ability of college students to judge sexual orientation.\u003c/p>\n\u003cp>They collected photos from Facebook in which the target had identified himself or herself as gay or straight. In order to make sure that there were no “clues” or extra-physical “giveaways,” they excluded photographs in which people were wearing obvious makeup or glasses, had visible piercings or sported facial hair.\u003c/p>\n\u003cp>They then showed the photographs to the college students. But they let the students see each photo for only 50 milliseconds, which is about a third of the time it takes for a person to blink.\u003c/p>\n\u003cp>The researchers found that the students were better at guessing a person’s sexual orientation than you’d expect by chance. They also found that it was easier for the students to peg a woman’s sexual orientation – they did this 64 percent of the time accurately – than a man’s – which was around 57 percent of the time.\u003c/p>\n\u003cp>But in order to figure out how the students were making their snap judgments, the researchers turned some of the photos upside down.\u003c/p>\n\u003cp>According to Tabak, researchers have been unclear as to whether particular facial features – such as the eyes, nose or mouth – are the telltale sign or if it’s how the features are configured on the face – such as the distance between the eyes or the orientation of the lips relative to the chin.\u003c/p>\n\u003cp>Psychologists know that we have specific neurons that are used when assessing these configurations. However, if you turn a photograph upside down, these neurons don’t fire. They become useless.\u003c/p>\n\u003cp>Tabak found that the students still could tell sexual orientation when a photograph was turned upside down, but their accuracy decreased. He said this indicated that we’re using both feature assessment and configuration and that we use configuration to enhance our snap judgments of sexuality.\u003c/p>\n\u003cp>Both he and Rule said this kind of research, while interesting, could also have policy implications. The reality of gaydar, they say, undercuts arguments and laws, such as \"Don't Ask, Don't Tell,\" that rely on the premise that if sexuality is kept a secret, it will eliminate homophobia.\u003c/p>\n\u003cp>Others, however, say this kind of research has no place in policy discussions and might instead serve anti-gay agendas.\u003c/p>\n\u003cp>Aaron Belkin, director of the Los Angeles-based \u003ca href=\"http://www.palmcenter.org/\" target=\"_blank\">Palm Center\u003c/a>, an advocacy group for LGBT members in the armed services, said he was \"almost\" offended by the research and was skeptical that it had any policy implications.\u003c/p>\n\u003cp>\"Whether or not people's perceptions about the sexual orientation of another are accurate, the need for anti-discrimination legislation is just as urgent,\" Belkin said. \"You can have an inaccurate perception and still discriminate.\"\u003c/p>\n\u003cp>Being able to pinpoint someone's sexual identity by physicality \"does not necessarily have any effectiveness on laws designed to protect\" groups of people who might be discriminated against, said Belkin, who is also an associate professor of political science at San Francisco State University.\u003c/p>\n\u003cp>Belkin also pointed out that there is no way of knowing in this experiment whether some of those people photographed were gay and calling themselves straight.\u003c/p>\n\u003cp>Both Belkin and Cathy Renna, a gay-rights advocate and managing partner of \u003ca href=\"http://rennacommunications.com/\" target=\"_blank\">Renna Communications\u003c/a>, said this kind of research implicitly condones stereotyping, even if that is not the intent.\u003c/p>\n\u003cp>\"It’s so interesting because it plays into the idea that there are stereotypes that exist because there are commonalities in certain groups of people that pop up,\" Renna said. \"But there are always those, maybe a majority, that don't fit those stereotypes.\"\u003c/p>\n\u003cp>\"It’s like, what’s the point?\" she said. \"There’s real harm that can happen when we allow people to make assumptions. The reality is it is very easy to stay in the closet and not have people know you are LGBT. There are thousands upon thousands of people who have done it for years and decades.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Susanne Rust is an investigative journalist for \u003c/em>\u003ca href=\"http://californiawatch.org/\">\u003cem>California Watch\u003c/em>\u003c/a>.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Local Presbyterian Body Defies National Church on Same-Sex Marriage Rebuke; Interview With Rev. Jane Spahr",
"title": "Local Presbyterian Body Defies National Church on Same-Sex Marriage Rebuke; Interview With Rev. Jane Spahr",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>From the \u003ca href=\"http://www.marinij.com/sananselmo/ci_20629164/presbyterian-church-representatives-refuse-rebuke-former-san-rafael\">Marin Independent Journal\u003c/a> on Tuesday:\u003c/p>\n\u003cblockquote>\u003cp>In an unprecedented defiance of a church judicial commission, representatives of Northern California Presbyterian churches Tuesday refused to rebuke a retired pastor for marrying 16 same-sex couples when gay marriage was legal in California in 2008. The 74-18 vote on a motion opposing the censure of the Rev. Jane Spahr came at a meeting of the Presbytery of the Redwoods at the First Presbyterian Church in San Anselmo.\u003c/p>\u003c/blockquote>\n\u003cfigure id=\"attachment_65459\" class=\"wp-caption alignright\" style=\"max-width: 160px\">\u003ca href=\"http://lgbtran.org/Profile.aspx?ID=1\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/05/JaneAdamsSpahr.jpg\" alt=\"\" title=\"JaneAdamsSpahr\" width=\"160\" height=\"171\" class=\"size-full wp-image-65459\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jane Adams Spahr (Religious Archives Network)\u003c/figcaption>\u003c/figure>\n\u003cp>People affiliated with the church told both the Journal and the \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/05/15/BAIK1OIG6R.DTL\">San Francisco Chronicle\u003c/a> that the vote represented the first time a regional body had defied a ruling by the national church on an issue concerning gays and lesbians. \u003c/p>\n\u003cp>In February, the church's General Assembly Permanent Judicial Commission upheld a lower regional body's ruling to censure Spahr. The charges she was found guilty of included: \u003c/p>\n\u003cblockquote>\u003cp>\n- Committing the offense of representing that a same-sex ceremony was a marriage by performing a ceremony in which two women were married under the laws of the State of California and thereafter signing their\u003cbr>\nCertificate of Marriage as the person solemnizing the marriage;\u003c/p>\n\u003cp>-Persisting in a pattern or practice of disobedience concerning an authoritative interpretation of the \u003ca href=\"http://en.wikipedia.org/wiki/Book_of_Order\">Book of Order\u003c/a>, in that under the laws of the State of California, she represented that no fewer than fifteen such additional ceremonies she performed were marriages of persons of the same sex...\u003c/p>\n\u003c/blockquote>\n\u003cp>In its ruling (\u003ca href=\"http://oga.pcusa.org/media/uploads/oga/pdf/pjc22008.pdf\">read a pdf of the decision here\u003c/a>), the General Assembly wrote \"the issue is not simply the same-sex ceremony. It is the misrepresentation that the Presbyterian Church (U.S.A.) recognizes the ceremony and the resulting relationship to be a marriage in the eyes of the church.\" The ruling, issued in response to an appeal by Spahr, also agreed with the lower assembly that \"being faithful to Scripture and the Constitution on other matters does not provide a defense for the actions charged in this case.\"\u003c/p>\n\u003cp>The censure was to be accepted by the monthly assembly of the regional Presbytery of the Redwoods at the First Presbyterian Church in San Anselmo. But instead, the Redwoods Presbytery rebelled, passing a motion resolving that the Presbytery \"opposes imposition of the rebuke set forth in the decision...as inconsistent with the Gospel of Jesus Christ, the Constitution of the Presbyterian Church (USA), and the faithful life of ministry lived out in this Presbytery.\" (Read the \u003ca href=\"http://ww2.kqed.org/news/2012/05/16/jane-adams-spahr/#motion\">full motion here\u003c/a>.)\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>Yesterday, KQED's Stephanie Martin interviewed Rev. Jane Adams Spahr about this rebuke of the rebuke. Edited transcript: \u003c/p>\n\u003cblockquote>\u003cp>\n\u003cstrong>Stephanie Martin\u003c/strong>: How are you feeling about how this body voted? \u003c/p>\n\u003cp>\u003cstrong>Jane Adams Spahr\u003c/strong>: Even though the rebuke was said against me, I really felt it was against these amazing LGBT couples who I had married. It was again saying that somehow or other, their marriages, though legal, still were seen as second class. \u003c/p>\n\u003cp>Essentially, we moved to oppose the rebuke that went up to the highest court. And there's an amazing dissent the highest court did that's in the body of our motion, which talks about essentially how can the church really view our marriages as less than? \u003c/p>\n\u003cp>I really felt affirmed, and these couples and their relationships. It really sent a message back to the church, that is that we do honor same-gender marriages. I always say to couples who come to me, it doesn’t matter what your sexual orientation is, what matters to me is the quality of your relationship, and how can we as the church be supportive of you. \u003c/p>\n\u003cp>Because marriages have their ups and down, and for LGBT people to have support and care of their faith community is part and parcel of what every relationship wants and needs. We need friends, we need family, and I think the church should be at the forefront of support and welcome. \u003c/p>\n\u003cp>Again it was affirming the equality of our relationships. And really let's oppose this rebuke because it perpetuates the harm that is done and the violence done when you call anyone lesser or second-class. \u003c/p>\n\u003cp>There were people who came from Texas and New York and other presbyteries to speak to this, to say this presbytery has been a beacon of hope, surely we don't need to do this. \u003c/p>\n\u003cp>\u003cstrong>Stephanie Martin\u003c/strong>: Does this end the matter for you? \u003c/p>\n\u003cp>\u003cstrong>Jane Adams Spahr\u003c/strong>: It does unless when I do another wedding, someone decides to complain. That's our process. Someone complains, it goes to investigative committee, then the committee comes to the presbytery and says we think there's enough information here for charges.\n\u003c/p>\u003c/blockquote>\n\u003cp>This is not the first time \u003ca href=\"http://www.clgs.org/rev-dr-jane-spahr-collection\">Spahr\u003c/a>, who is gay, has run afoul of the hierarchy of a religious denomination. Last December, she was one of three clergymembers to have an invitation to participate in Advent services at San Francisco's Most Holy Redeemer Catholic Church in the Castro rescinded at the request of the San Francisco Archdiocese. Another of the disinvited clergy was former Episcopal Bishop of Utah Otis Charles, who announced his sexual orientation after retiring in 1993, wed his same-sex partner in a San Francisco church in 2004, and married in a civil ceremony in San Francisco in 2008, during the brief period before Proposition 8 that same-sex marriage was legal. \u003c/p>\n\u003cp>You can \u003ca href=\"http://ww2.kqed.org/news/2011/12/21/otis-charles-most-holy-redeemer/\">read Stephanie Martin's interview with Charles about that incident here\u003c/a>. \u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003ca name=\"motion\">\u003c/a>\u003cbr>\n\u003cem>Motion passed by the Presbytery of the Redwoods at the First Presbyterian Church in San Anselmo on the rebuke of Jane Adams Spahr\u003c/em>:\u003c/p>\n\u003cblockquote>\u003cp>THAT the Presbytery oppose imposition of the rebuke as set forth in the decision of the Presbytery Permanent Judicial Commission, dated August 27, 2010 (which was stayed by its terms until the present day), by declaring and resolving as follows:\u003c/p>\n\u003cp>WHEREAS, our primary ordination vow as Ruling and Teaching Elders is to be obedient to Jesus Christ, the Word of God, as the Scriptures bear witness to him, (F-1.02; W-4.4003(a);\u003c/p>\n\u003cp>WHEREAS the love of God in Jesus Christ is for all people, including lesbian, gay, bisexual, and transgender people;\u003c/p>\n\u003cp>WHEREAS, The Gospel of Jesus Christ and the constitution require that full inclusion and pastoral care be extended to all members of the church; \u003c/p>\n\u003cp>WHEREAS, this Presbytery called the Rev. Dr. Jane Adams Spahr to a ministry in outreach to—and in community among and with—lesbian, gay, bisexual, and transgender people; \u003c/p>\n\u003cp>WHEREAS, the 38-year ministry of the Rev. Dr. Jane Adams Spahr has been faithful to the Gospel of Jesus Christ and to her calling;\u003c/p>\n\u003cp>WHEREAS, the decision of August 27, 2010, by its terms, acknowledges and apologizes (1) that the rules of the church “are against the Gospel,” and (2) that the decision and rebuke continue the grievous harm “that has been, and continues to be, done” by the church to lesbian, gay, bisexual, and transgender people “in the name of Jesus Christ;”\u003c/p>\n\u003cp>Be it RESOLVED that the Presbytery of the Redwoods opposes imposition of the rebuke set forth in the decision dated August 27, 2010, as inconsistent with the Gospel of Jesus Christ, the Constitution of the Presbyterian Church (USA), and the faithful life of ministry lived out in this Presbytery. \u003c/p>\n\u003c/blockquote>\n\n",
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"description": "From the Marin Independent Journal on Tuesday: In an unprecedented defiance of a church judicial commission, representatives of Northern California Presbyterian churches Tuesday refused to rebuke a retired pastor for marrying 16 same-sex couples when gay marriage was legal in California in 2008. The 74-18 vote on a motion opposing the censure of the Rev.",
"title": "Local Presbyterian Body Defies National Church on Same-Sex Marriage Rebuke; Interview With Rev. Jane Spahr | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>From the \u003ca href=\"http://www.marinij.com/sananselmo/ci_20629164/presbyterian-church-representatives-refuse-rebuke-former-san-rafael\">Marin Independent Journal\u003c/a> on Tuesday:\u003c/p>\n\u003cblockquote>\u003cp>In an unprecedented defiance of a church judicial commission, representatives of Northern California Presbyterian churches Tuesday refused to rebuke a retired pastor for marrying 16 same-sex couples when gay marriage was legal in California in 2008. The 74-18 vote on a motion opposing the censure of the Rev. Jane Spahr came at a meeting of the Presbytery of the Redwoods at the First Presbyterian Church in San Anselmo.\u003c/p>\u003c/blockquote>\n\u003cfigure id=\"attachment_65459\" class=\"wp-caption alignright\" style=\"max-width: 160px\">\u003ca href=\"http://lgbtran.org/Profile.aspx?ID=1\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/05/JaneAdamsSpahr.jpg\" alt=\"\" title=\"JaneAdamsSpahr\" width=\"160\" height=\"171\" class=\"size-full wp-image-65459\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jane Adams Spahr (Religious Archives Network)\u003c/figcaption>\u003c/figure>\n\u003cp>People affiliated with the church told both the Journal and the \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/05/15/BAIK1OIG6R.DTL\">San Francisco Chronicle\u003c/a> that the vote represented the first time a regional body had defied a ruling by the national church on an issue concerning gays and lesbians. \u003c/p>\n\u003cp>In February, the church's General Assembly Permanent Judicial Commission upheld a lower regional body's ruling to censure Spahr. The charges she was found guilty of included: \u003c/p>\n\u003cblockquote>\u003cp>\n- Committing the offense of representing that a same-sex ceremony was a marriage by performing a ceremony in which two women were married under the laws of the State of California and thereafter signing their\u003cbr>\nCertificate of Marriage as the person solemnizing the marriage;\u003c/p>\n\u003cp>-Persisting in a pattern or practice of disobedience concerning an authoritative interpretation of the \u003ca href=\"http://en.wikipedia.org/wiki/Book_of_Order\">Book of Order\u003c/a>, in that under the laws of the State of California, she represented that no fewer than fifteen such additional ceremonies she performed were marriages of persons of the same sex...\u003c/p>\n\u003c/blockquote>\n\u003cp>In its ruling (\u003ca href=\"http://oga.pcusa.org/media/uploads/oga/pdf/pjc22008.pdf\">read a pdf of the decision here\u003c/a>), the General Assembly wrote \"the issue is not simply the same-sex ceremony. It is the misrepresentation that the Presbyterian Church (U.S.A.) recognizes the ceremony and the resulting relationship to be a marriage in the eyes of the church.\" The ruling, issued in response to an appeal by Spahr, also agreed with the lower assembly that \"being faithful to Scripture and the Constitution on other matters does not provide a defense for the actions charged in this case.\"\u003c/p>\n\u003cp>The censure was to be accepted by the monthly assembly of the regional Presbytery of the Redwoods at the First Presbyterian Church in San Anselmo. But instead, the Redwoods Presbytery rebelled, passing a motion resolving that the Presbytery \"opposes imposition of the rebuke set forth in the decision...as inconsistent with the Gospel of Jesus Christ, the Constitution of the Presbyterian Church (USA), and the faithful life of ministry lived out in this Presbytery.\" (Read the \u003ca href=\"http://ww2.kqed.org/news/2012/05/16/jane-adams-spahr/#motion\">full motion here\u003c/a>.)\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>Yesterday, KQED's Stephanie Martin interviewed Rev. Jane Adams Spahr about this rebuke of the rebuke. Edited transcript: \u003c/p>\n\u003cblockquote>\u003cp>\n\u003cstrong>Stephanie Martin\u003c/strong>: How are you feeling about how this body voted? \u003c/p>\n\u003cp>\u003cstrong>Jane Adams Spahr\u003c/strong>: Even though the rebuke was said against me, I really felt it was against these amazing LGBT couples who I had married. It was again saying that somehow or other, their marriages, though legal, still were seen as second class. \u003c/p>\n\u003cp>Essentially, we moved to oppose the rebuke that went up to the highest court. And there's an amazing dissent the highest court did that's in the body of our motion, which talks about essentially how can the church really view our marriages as less than? \u003c/p>\n\u003cp>I really felt affirmed, and these couples and their relationships. It really sent a message back to the church, that is that we do honor same-gender marriages. I always say to couples who come to me, it doesn’t matter what your sexual orientation is, what matters to me is the quality of your relationship, and how can we as the church be supportive of you. \u003c/p>\n\u003cp>Because marriages have their ups and down, and for LGBT people to have support and care of their faith community is part and parcel of what every relationship wants and needs. We need friends, we need family, and I think the church should be at the forefront of support and welcome. \u003c/p>\n\u003cp>Again it was affirming the equality of our relationships. And really let's oppose this rebuke because it perpetuates the harm that is done and the violence done when you call anyone lesser or second-class. \u003c/p>\n\u003cp>There were people who came from Texas and New York and other presbyteries to speak to this, to say this presbytery has been a beacon of hope, surely we don't need to do this. \u003c/p>\n\u003cp>\u003cstrong>Stephanie Martin\u003c/strong>: Does this end the matter for you? \u003c/p>\n\u003cp>\u003cstrong>Jane Adams Spahr\u003c/strong>: It does unless when I do another wedding, someone decides to complain. That's our process. Someone complains, it goes to investigative committee, then the committee comes to the presbytery and says we think there's enough information here for charges.\n\u003c/p>\u003c/blockquote>\n\u003cp>This is not the first time \u003ca href=\"http://www.clgs.org/rev-dr-jane-spahr-collection\">Spahr\u003c/a>, who is gay, has run afoul of the hierarchy of a religious denomination. Last December, she was one of three clergymembers to have an invitation to participate in Advent services at San Francisco's Most Holy Redeemer Catholic Church in the Castro rescinded at the request of the San Francisco Archdiocese. Another of the disinvited clergy was former Episcopal Bishop of Utah Otis Charles, who announced his sexual orientation after retiring in 1993, wed his same-sex partner in a San Francisco church in 2004, and married in a civil ceremony in San Francisco in 2008, during the brief period before Proposition 8 that same-sex marriage was legal. \u003c/p>\n\u003cp>You can \u003ca href=\"http://ww2.kqed.org/news/2011/12/21/otis-charles-most-holy-redeemer/\">read Stephanie Martin's interview with Charles about that incident here\u003c/a>. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca name=\"motion\">\u003c/a>\u003cbr>\n\u003cem>Motion passed by the Presbytery of the Redwoods at the First Presbyterian Church in San Anselmo on the rebuke of Jane Adams Spahr\u003c/em>:\u003c/p>\n\u003cblockquote>\u003cp>THAT the Presbytery oppose imposition of the rebuke as set forth in the decision of the Presbytery Permanent Judicial Commission, dated August 27, 2010 (which was stayed by its terms until the present day), by declaring and resolving as follows:\u003c/p>\n\u003cp>WHEREAS, our primary ordination vow as Ruling and Teaching Elders is to be obedient to Jesus Christ, the Word of God, as the Scriptures bear witness to him, (F-1.02; W-4.4003(a);\u003c/p>\n\u003cp>WHEREAS the love of God in Jesus Christ is for all people, including lesbian, gay, bisexual, and transgender people;\u003c/p>\n\u003cp>WHEREAS, The Gospel of Jesus Christ and the constitution require that full inclusion and pastoral care be extended to all members of the church; \u003c/p>\n\u003cp>WHEREAS, this Presbytery called the Rev. Dr. Jane Adams Spahr to a ministry in outreach to—and in community among and with—lesbian, gay, bisexual, and transgender people; \u003c/p>\n\u003cp>WHEREAS, the 38-year ministry of the Rev. Dr. Jane Adams Spahr has been faithful to the Gospel of Jesus Christ and to her calling;\u003c/p>\n\u003cp>WHEREAS, the decision of August 27, 2010, by its terms, acknowledges and apologizes (1) that the rules of the church “are against the Gospel,” and (2) that the decision and rebuke continue the grievous harm “that has been, and continues to be, done” by the church to lesbian, gay, bisexual, and transgender people “in the name of Jesus Christ;”\u003c/p>\n\u003cp>Be it RESOLVED that the Presbytery of the Redwoods opposes imposition of the rebuke set forth in the decision dated August 27, 2010, as inconsistent with the Gospel of Jesus Christ, the Constitution of the Presbyterian Church (USA), and the faithful life of ministry lived out in this Presbytery. \u003c/p>\n\u003c/blockquote>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Obama's Support For Same-Sex Marriage Has Both Sides Seeking to Capitalize With Latinos",
"title": "Obama's Support For Same-Sex Marriage Has Both Sides Seeking to Capitalize With Latinos",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>ALBUQUERQUE, N.M. (AP) — President Barack Obama's shift to support gay marriage is energizing young Hispanic voters who have been working side-by-side with gay activists in their push for immigration reform. The alliance has been growing nationwide and helping dispel what many say is an outdated notion that Hispanics are less tolerant of gays than the general public.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/05/obama2.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/05/obama2-181x300.jpg\" alt=\"\" title=\"obama2\" width=\"181\" height=\"300\" class=\"alignleft size-medium wp-image-65341\">\u003c/a>\"My members are telling me that we need to learn from the gay community,\" said Dee Dee Garcia Blase, founder of the Phoenix-based Somos Republicans. She is now head of the Tequila Party, which she formed last year with the goal of registering young Hispanics to vote for immigration-friendly candidates like Obama.\u003c/p>\n\u003cp>\"We need to take a lesson from the (lesbian and gay) community with regard to being that loud, squeaky wheel that gets fixed,\" Blase said. \"We need to be more aggressive, and we realize it.\" \u003c/p>\n\u003cp>Both the Democratic and Republican parties are focused heavily on winning the Hispanic vote, not just because it holds the key to battleground states but because Latinos make up the fastest-growing minority group. The government projects Hispanics will account for roughly 30 percent of the population by 2050, doubling in size and boosting their political power. Some 600,000 young Hispanics who were born in the U.S. turn 18 each year, entering a widening pool of more than 21 million Hispanic eligible voters. \u003c!--more-->\u003c/p>\n\u003cp>Conservative Hispanics see the president's endorsement of same-sex marriage as an opportunity to draw Latinos to the Republican Party. According to a 2007 religion survey of U.S. Latinos by the Pew Research Center's Forum on Religion & Public Life, two-thirds of Hispanics said their religious beliefs are an important influence on their political thinking. While more than two-thirds of Hispanics identified themselves as Roman Catholic, 15 percent said they were born-again Protestants. Evangelical Latinos, who cite Biblical teaching for their stance against homosexuality, are twice as likely as those who are Catholic to vote Republican.\u003c/p>\n\u003caside class=\"pullquote alignleft\">Conservative Hispanics see the president's endorsement of same-sex marriage as an opportunity to draw Latinos to the Republican Party.\u003c/aside>\n\u003cp>But a poll released in April 2011 by the National Council of La Raza, the nation's largest Hispanic civil rights advocacy organization, and Social Science Research Solutions, a public opinion research firm, indicated that while 66 percent of those surveyed identified as Roman Catholic, 49 percent favored allowing same-sex marriage and that number climbed to 59 percent in favor of giving gay and lesbian couples the same legal rights as married couples.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>A surprising 69 percent in the La Raza poll favored allowing gay or lesbian couples to marry in their church or religious institution and 52 percent did not view homosexuality as a sin, compared to 38 percent who did. Some 69 percent said good Christians should accept all people as God's creation and not cast judgment, while 60 percent viewed discrimination against gays and lesbians as a sin. Most of those surveyed, 71 percent, were under the age of 50.\u003c/p>\n\u003cp>While Republican George W. Bush won 44 percent of the Hispanic vote when he was re-elected in 2004, by 2008, 67 percent of the Hispanic vote had swung toward Obama. And that vote was pivotal to his success in states like Colorado, where exit polls show Republican Sen. John McCain would have won if only Caucasians had voted.\u003c/p>\n\u003cp>For many young Hispanics, both immigrant and U.S.-born, the DREAM Act — which would offer students who entered the country illegally as children a pathway to citizenship — is a key issue. Obama supports the proposal, while Romney's hard line against the measure, which he has called a handout, has alienated many Hispanic voters. The Pew Hispanic Center found in a December 2011 survey that 91 percent support the legislation.\u003c/p>\n\u003cp>Juan Rodriguez, who is active in the Florida Immigrant Coalition and an immigrant himself, said the gay rights and immigrant rights movements are \"very aligned and becoming moreso every year.\u003c/p>\n\u003cp>The co-president of Blase's Tequila Party, Shara Mora James is gay. And two leaders in the movement to pass the DREAM Act, have recently taken over two emerging gay rights groups, Freedom to Work and Get Equal.\u003c/p>\n\u003cp>\"The immigrant rights movement is grounded on advocating with the most oppressed out of our community, and in many cases, that has been queer undocumented youth,\" said Rodriguez. \"We are figuring out more and more ways of supporting each other because we all grew up being told we needed to live in fear because of the communities we love.\"\u003c/p>\n\u003caside class=\"pullquote alignleft\">One poll found that 69 percent of Roman Catholic Hispanics favored allowing gay or lesbian couples to marry in their church or religious institution and 52 percent did not view homosexuality as a sin.\u003c/aside>\n\u003cp>Hispanic leaders and political watchers say they don't expect Obama's announcement to have much impact on the Latino vote, which could be key to victory in battleground states like New Mexico, Florida, Nevada and Colorado.\u003c/p>\n\u003cp>\"No, no, no, no, no. It's not going to affect my vote,\" said Sister \"Molly\" Maria Luisa Munoz, a Roman Catholic nun in Denver who works with immigrants and the gay and lesbian community. \"My mother straightened us out right away,\" she said. \"God made everybody. How we came out? That's God's creation. Nobody should judge.\"\u003c/p>\n\u003cp>At Barela's Coffee House in Albuquerque's predominantly Hispanic South Valley, manager Geri Lucero said when the talk turns to politics there, it's almost always about the economy.\u003c/p>\n\u003cp>\"Economics is more important right now because people are struggling with their money,\" the 57-year-old said, noting that conversation last Thursday, the day after Obama's announcement, revolved around two recent pit bull maulings, not gay marriage.\u003c/p>\n\u003cp>Will Obama's stance impact her vote? No, she replied.\u003c/p>\n\u003cp>Despite the increased acceptance of homosexuality and same-sex marriage among Hispanics, one of the most recent polls of registered voters on the issue, from Quinnipiac University in July 2011, shows only 37 percent of Hispanics said they would support a law in their state that would allow same-sex couples to get married, compared with 46 percent overall. But a Pew Research Center survey of Latinos in March 2011 showed 59 percent of Hispanics said homosexuality should be accepted by society, compared to 58 percent of the general population.\u003c/p>\n\u003cp>Gary Segura, director of Chicano studies at Stanford University, said that even though Hispanics hold more conservative views on family and social issues than the general population, \"it's not how Latinos vote. It's about jobs, the economy, education.\"\u003c/p>\n\u003cp>The morning after Obama's announcement discussion on a Spanish-language radio station popular with Cuban-Americans in Miami focused on the president's embrace of same-sex marriage, but callers seemed more interested in the likely political calculations that went into the decision than in slamming the president for violating their religious principles.\u003c/p>\n\u003cp>Delsa Bernardo, who co-owns Yiya's Gourmet Cuban Bakery and Café in Miami with her life partner, said Obama's shift has actually re-energized her support for the president. Bernardo said she backed Obama in 2008 but has since become disillusioned with him, mostly over the difficulty she's had in getting business loans from banks that received the bailouts backed by the president.\u003c/p>\n\u003cp>\"It might swing my vote more to him because he's more open on this,\" she said.\u003c/p>\n\u003cp>Still, some conservative Hispanics said they will use Obama's endorsement of gay marriage to try to woo more Latinos to the Republican Party.\u003c/p>\n\u003cp>About 25 conservatives representing 10 southern Nevada churches met last Thursday at the Casa Don Juan restaurant in downtown Las Vegas. The group of pastors, Hispanic activists and social conservatives blasted Obama's stance, fretting about the future of the family in the United States.\u003c/p>\n\u003cp>\"He's destroying the fabric of the family,\" said Juan Sclafani, a Republican pastor at the First Spanish Baptist Church in Las Vegas. \"His motivation is to get votes, but he doesn't realize that he is destroying our nation.\"\u003c/p>\n\u003cp>Alfonso Aguilar, executive director of the Latino Partnership for Conservative Principles in Washington, D.C., said his group expects to use the gay marriage debate to recruit new Hispanic supporters for Romney. They plan to focus on voter registration in Nevada and then branch out to Florida, North Carolina, Colorado and New Mexico.\u003c/p>\n\u003cp>Colorado's Democratic Party Chairman Rick Palacio, who is both gay and Hispanic, said it was difficult to say how Obama's statements would affect the presidential race in Colorado.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\"While it may not be the most politically advantageous decision to make, he made the right decision,\" Palacio said. \"I think that's more important than anything else. He's putting the right thing to do ahead of politics.\"\u003c/p>\n\n",
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"description": "ALBUQUERQUE, N.M. (AP) — President Barack Obama's shift to support gay marriage is energizing young Hispanic voters who have been working side-by-side with gay activists in their push for immigration reform. The alliance has been growing nationwide and helping dispel what many say is an outdated notion that Hispanics are less tolerant of gays than",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>ALBUQUERQUE, N.M. (AP) — President Barack Obama's shift to support gay marriage is energizing young Hispanic voters who have been working side-by-side with gay activists in their push for immigration reform. The alliance has been growing nationwide and helping dispel what many say is an outdated notion that Hispanics are less tolerant of gays than the general public.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/05/obama2.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/05/obama2-181x300.jpg\" alt=\"\" title=\"obama2\" width=\"181\" height=\"300\" class=\"alignleft size-medium wp-image-65341\">\u003c/a>\"My members are telling me that we need to learn from the gay community,\" said Dee Dee Garcia Blase, founder of the Phoenix-based Somos Republicans. She is now head of the Tequila Party, which she formed last year with the goal of registering young Hispanics to vote for immigration-friendly candidates like Obama.\u003c/p>\n\u003cp>\"We need to take a lesson from the (lesbian and gay) community with regard to being that loud, squeaky wheel that gets fixed,\" Blase said. \"We need to be more aggressive, and we realize it.\" \u003c/p>\n\u003cp>Both the Democratic and Republican parties are focused heavily on winning the Hispanic vote, not just because it holds the key to battleground states but because Latinos make up the fastest-growing minority group. The government projects Hispanics will account for roughly 30 percent of the population by 2050, doubling in size and boosting their political power. Some 600,000 young Hispanics who were born in the U.S. turn 18 each year, entering a widening pool of more than 21 million Hispanic eligible voters. \u003c!--more-->\u003c/p>\n\u003cp>Conservative Hispanics see the president's endorsement of same-sex marriage as an opportunity to draw Latinos to the Republican Party. According to a 2007 religion survey of U.S. Latinos by the Pew Research Center's Forum on Religion & Public Life, two-thirds of Hispanics said their religious beliefs are an important influence on their political thinking. While more than two-thirds of Hispanics identified themselves as Roman Catholic, 15 percent said they were born-again Protestants. Evangelical Latinos, who cite Biblical teaching for their stance against homosexuality, are twice as likely as those who are Catholic to vote Republican.\u003c/p>\n\u003caside class=\"pullquote alignleft\">Conservative Hispanics see the president's endorsement of same-sex marriage as an opportunity to draw Latinos to the Republican Party.\u003c/aside>\n\u003cp>But a poll released in April 2011 by the National Council of La Raza, the nation's largest Hispanic civil rights advocacy organization, and Social Science Research Solutions, a public opinion research firm, indicated that while 66 percent of those surveyed identified as Roman Catholic, 49 percent favored allowing same-sex marriage and that number climbed to 59 percent in favor of giving gay and lesbian couples the same legal rights as married couples.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A surprising 69 percent in the La Raza poll favored allowing gay or lesbian couples to marry in their church or religious institution and 52 percent did not view homosexuality as a sin, compared to 38 percent who did. Some 69 percent said good Christians should accept all people as God's creation and not cast judgment, while 60 percent viewed discrimination against gays and lesbians as a sin. Most of those surveyed, 71 percent, were under the age of 50.\u003c/p>\n\u003cp>While Republican George W. Bush won 44 percent of the Hispanic vote when he was re-elected in 2004, by 2008, 67 percent of the Hispanic vote had swung toward Obama. And that vote was pivotal to his success in states like Colorado, where exit polls show Republican Sen. John McCain would have won if only Caucasians had voted.\u003c/p>\n\u003cp>For many young Hispanics, both immigrant and U.S.-born, the DREAM Act — which would offer students who entered the country illegally as children a pathway to citizenship — is a key issue. Obama supports the proposal, while Romney's hard line against the measure, which he has called a handout, has alienated many Hispanic voters. The Pew Hispanic Center found in a December 2011 survey that 91 percent support the legislation.\u003c/p>\n\u003cp>Juan Rodriguez, who is active in the Florida Immigrant Coalition and an immigrant himself, said the gay rights and immigrant rights movements are \"very aligned and becoming moreso every year.\u003c/p>\n\u003cp>The co-president of Blase's Tequila Party, Shara Mora James is gay. And two leaders in the movement to pass the DREAM Act, have recently taken over two emerging gay rights groups, Freedom to Work and Get Equal.\u003c/p>\n\u003cp>\"The immigrant rights movement is grounded on advocating with the most oppressed out of our community, and in many cases, that has been queer undocumented youth,\" said Rodriguez. \"We are figuring out more and more ways of supporting each other because we all grew up being told we needed to live in fear because of the communities we love.\"\u003c/p>\n\u003caside class=\"pullquote alignleft\">One poll found that 69 percent of Roman Catholic Hispanics favored allowing gay or lesbian couples to marry in their church or religious institution and 52 percent did not view homosexuality as a sin.\u003c/aside>\n\u003cp>Hispanic leaders and political watchers say they don't expect Obama's announcement to have much impact on the Latino vote, which could be key to victory in battleground states like New Mexico, Florida, Nevada and Colorado.\u003c/p>\n\u003cp>\"No, no, no, no, no. It's not going to affect my vote,\" said Sister \"Molly\" Maria Luisa Munoz, a Roman Catholic nun in Denver who works with immigrants and the gay and lesbian community. \"My mother straightened us out right away,\" she said. \"God made everybody. How we came out? That's God's creation. Nobody should judge.\"\u003c/p>\n\u003cp>At Barela's Coffee House in Albuquerque's predominantly Hispanic South Valley, manager Geri Lucero said when the talk turns to politics there, it's almost always about the economy.\u003c/p>\n\u003cp>\"Economics is more important right now because people are struggling with their money,\" the 57-year-old said, noting that conversation last Thursday, the day after Obama's announcement, revolved around two recent pit bull maulings, not gay marriage.\u003c/p>\n\u003cp>Will Obama's stance impact her vote? No, she replied.\u003c/p>\n\u003cp>Despite the increased acceptance of homosexuality and same-sex marriage among Hispanics, one of the most recent polls of registered voters on the issue, from Quinnipiac University in July 2011, shows only 37 percent of Hispanics said they would support a law in their state that would allow same-sex couples to get married, compared with 46 percent overall. But a Pew Research Center survey of Latinos in March 2011 showed 59 percent of Hispanics said homosexuality should be accepted by society, compared to 58 percent of the general population.\u003c/p>\n\u003cp>Gary Segura, director of Chicano studies at Stanford University, said that even though Hispanics hold more conservative views on family and social issues than the general population, \"it's not how Latinos vote. It's about jobs, the economy, education.\"\u003c/p>\n\u003cp>The morning after Obama's announcement discussion on a Spanish-language radio station popular with Cuban-Americans in Miami focused on the president's embrace of same-sex marriage, but callers seemed more interested in the likely political calculations that went into the decision than in slamming the president for violating their religious principles.\u003c/p>\n\u003cp>Delsa Bernardo, who co-owns Yiya's Gourmet Cuban Bakery and Café in Miami with her life partner, said Obama's shift has actually re-energized her support for the president. Bernardo said she backed Obama in 2008 but has since become disillusioned with him, mostly over the difficulty she's had in getting business loans from banks that received the bailouts backed by the president.\u003c/p>\n\u003cp>\"It might swing my vote more to him because he's more open on this,\" she said.\u003c/p>\n\u003cp>Still, some conservative Hispanics said they will use Obama's endorsement of gay marriage to try to woo more Latinos to the Republican Party.\u003c/p>\n\u003cp>About 25 conservatives representing 10 southern Nevada churches met last Thursday at the Casa Don Juan restaurant in downtown Las Vegas. The group of pastors, Hispanic activists and social conservatives blasted Obama's stance, fretting about the future of the family in the United States.\u003c/p>\n\u003cp>\"He's destroying the fabric of the family,\" said Juan Sclafani, a Republican pastor at the First Spanish Baptist Church in Las Vegas. \"His motivation is to get votes, but he doesn't realize that he is destroying our nation.\"\u003c/p>\n\u003cp>Alfonso Aguilar, executive director of the Latino Partnership for Conservative Principles in Washington, D.C., said his group expects to use the gay marriage debate to recruit new Hispanic supporters for Romney. They plan to focus on voter registration in Nevada and then branch out to Florida, North Carolina, Colorado and New Mexico.\u003c/p>\n\u003cp>Colorado's Democratic Party Chairman Rick Palacio, who is both gay and Hispanic, said it was difficult to say how Obama's statements would affect the presidential race in Colorado.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Gavin Newsom on Obama's Support For Same-Sex Marriage: Don't Underestimate Political Risk ",
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"content": "\u003cp>KQED's Cy Musiker talked to Lt. Gov Gavin Newsom today about President Obama's interview on Good Morning America in which he came out for the first time in support of same-sex marriage. \u003c/p>\n\u003cp>Edited transcript after the audio. \u003c/p>\n\u003cp>[audio:http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/05/gavinnewsom1.mp3|titles=gavinnewsom]\u003c/p>\n\u003cp>\u003cstrong>GAVIN NEWSOM:\u003c/strong> I like the direction he's evolved. I've seen other people devolve. This is a huge leap forward in terms of equality and rights to be extended to gay and lesbian couples and their family members, and it's a point of real courage. This is the first time a sitting president in history uttered the words 'I support same sex marriage.' And to do it just months out from, what by any objective analysis will be a very close presidential campaign, is something that's not lost on me and I hope millions of others that were not convinced he would come out as forceful as he did today. \u003c/p>\n\u003cp>\u003cstrong>MUSIKER:\u003c/strong> There's already people making that calculation, that this was a calculated political decision. To get some supporters, especially people with a lot of money in California, to get off their hands and start supporting him more forcefully. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>NEWSOM:\u003c/strong> I don't buy that in this respect: at the end of the day he had that base of support pretty overwhelmingly. He's going to have the biggest fundraiser in the history of American politics and I don’t exaggerate, tomorrow night in L.A. And that was with his previous point of view, that he's evolving on the issue of marriage equality. \u003c/p>\n\u003cp>This is a huge risk. Our base of support, Dems and those that are supporting and fighting for LGBT rights, are very appreciative that he'd done more on the issue of marriage equality already -- not defending DOMA, Don't Ask, Don't Tell, his appointments -- this now puts him over the edge and creates a little more enthusiasm, but it also creates enthusiasm for his opponents and especially those who have the knives out that know how to run a campaign like Karl Rove with those super PACs, with these swing districts in these swing states. One should never underestimate the risk the president's taken in terms of his own political peril in those key swing states. I didn't in many respects expect this, I was long hoping for this, I've been pushing and prodding for many years and I couldn't be more thrilled and proud of my president, our president, and proud to be as strong a support of ever. \u003c/p>\n\u003cp>\u003cstrong>MUSIKER:\u003c/strong> Back in 2004 you defied state law and ordered your city clerk to start issuing marriage licenses to same-sex couples. Do you feel that was a snowball that grew into an avalanche? \u003c/p>\n\u003cp>\u003cstrong>NEWSOM:\u003c/strong> I like to think it had some impact, but good and bad, I'm not naive. I certainly think we made it easier for other politicians and gave them a little more courage to move past domestic partnership discussions to civil unions, which is a safe bet to the presidents actions today and previous actions by Martin O'Malley and Andrew Cuomo, in Maryland and New York. \u003c/p>\n\u003cp>The one thing I think we did do substantively in 2004 is we put a human face on the issue of discrimination. That this was not an abstract issue. And we brought that to light in people's TV sets. The thing that was remarkable in February and March of 2004 is how unremarkable it was. There were no images that could be exploited, none of those images we've come to expect by those who wants to vilify the gay community, because it was about mothers and sisters and aunts and uncles and brothers and the like that had come together and expressed their love out loud. And that was a powerful wake-up call to a lot of Americans that the gay and lesbian community are our neighbors and our friends and bus drivers and fighter pilots in Iraq, and I think ultimately that's what's going to move this dial and humanize it. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cstrong>A history of same-sex marriage in California.\u003c/strong>\u003c/p>\n\u003cdiv class=\"dipity_embed\" style=\"width:640px\">\u003ciframe width=\"640\" height=\"400\" src=\"http://www.dipity.com/KQED/Same-Sex-Marriage-in-California/?mode=embed&ct=May%209,%202012&z=2yr#tl\" style=\"border:1px solid #CCC\">\u003c/iframe>\n\u003cp style=\"margin:0;font-family:Arial,sans;font-size:13px;text-align:center\">\u003ca href=\"http://www.dipity.com/KQED/Same-Sex-Marriage-in-California/\">Same-Sex Marriage in California\u003c/a> on \u003ca href=\"http://www.dipity.com/\">\u003c/a>Dipity.\u003c/p>\n\u003c/div>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>NEWSOM:\u003c/strong> I don't buy that in this respect: at the end of the day he had that base of support pretty overwhelmingly. He's going to have the biggest fundraiser in the history of American politics and I don’t exaggerate, tomorrow night in L.A. And that was with his previous point of view, that he's evolving on the issue of marriage equality. \u003c/p>\n\u003cp>This is a huge risk. Our base of support, Dems and those that are supporting and fighting for LGBT rights, are very appreciative that he'd done more on the issue of marriage equality already -- not defending DOMA, Don't Ask, Don't Tell, his appointments -- this now puts him over the edge and creates a little more enthusiasm, but it also creates enthusiasm for his opponents and especially those who have the knives out that know how to run a campaign like Karl Rove with those super PACs, with these swing districts in these swing states. One should never underestimate the risk the president's taken in terms of his own political peril in those key swing states. I didn't in many respects expect this, I was long hoping for this, I've been pushing and prodding for many years and I couldn't be more thrilled and proud of my president, our president, and proud to be as strong a support of ever. \u003c/p>\n\u003cp>\u003cstrong>MUSIKER:\u003c/strong> Back in 2004 you defied state law and ordered your city clerk to start issuing marriage licenses to same-sex couples. Do you feel that was a snowball that grew into an avalanche? \u003c/p>\n\u003cp>\u003cstrong>NEWSOM:\u003c/strong> I like to think it had some impact, but good and bad, I'm not naive. I certainly think we made it easier for other politicians and gave them a little more courage to move past domestic partnership discussions to civil unions, which is a safe bet to the presidents actions today and previous actions by Martin O'Malley and Andrew Cuomo, in Maryland and New York. \u003c/p>\n\u003cp>The one thing I think we did do substantively in 2004 is we put a human face on the issue of discrimination. That this was not an abstract issue. And we brought that to light in people's TV sets. The thing that was remarkable in February and March of 2004 is how unremarkable it was. There were no images that could be exploited, none of those images we've come to expect by those who wants to vilify the gay community, because it was about mothers and sisters and aunts and uncles and brothers and the like that had come together and expressed their love out loud. And that was a powerful wake-up call to a lot of Americans that the gay and lesbian community are our neighbors and our friends and bus drivers and fighter pilots in Iraq, and I think ultimately that's what's going to move this dial and humanize it. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cstrong>A history of same-sex marriage in California.\u003c/strong>\u003c/p>\n\u003cdiv class=\"dipity_embed\" style=\"width:640px\">\u003ciframe width=\"640\" height=\"400\" src=\"http://www.dipity.com/KQED/Same-Sex-Marriage-in-California/?mode=embed&ct=May%209,%202012&z=2yr#tl\" style=\"border:1px solid #CCC\">\u003c/iframe>\n\u003cp style=\"margin:0;font-family:Arial,sans;font-size:13px;text-align:center\">\u003ca href=\"http://www.dipity.com/KQED/Same-Sex-Marriage-in-California/\">Same-Sex Marriage in California\u003c/a> on \u003ca href=\"http://www.dipity.com/\">\u003c/a>Dipity.\u003c/p>\n\u003c/div>\n\n\u003c/div>\u003c/p>",
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"content": "\u003caside class=\"pullquote alignleft\">\n\u003cul>\n\u003cli>\u003ca href=\"http://gma.yahoo.com/obama-announces-his-support-for-same-sex-marriage.html\">\u003cstrong>Watch video of Obama declaring support for same-sex marriage\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://livewire.talkingpointsmemo.com/entries/obama-michelle-feels-same-way-on-gay-marriage\">\u003cstrong>Video: The President on how his religion factored into his decision\u003c/strong>\u003c/a>\u003c/li>\u003c/ul>\u003c/aside>\n\u003cp>From an \u003ca href=\"http://news.yahoo.com/obama-announces-his-support-for-same-sex-marriage.html;_ylt=A2KJjamxvqpPxmgA_6bQtDMD\">interview with ABC News' Good Morning America\u003c/a>, President Obama comes out officially in support of same-sex marriage...\u003c/p>\n\u003cblockquote>\u003cp>I have to tell you that over the course of several years as I have talked to friends and family and neighbors when I think about members of my own staff who are in incredibly committed monogamous relationships, same-sex relationships, who are raising kids together, when I think about those soldiers or airmen or marines or sailors who are out there fighting on my behalf and yet feel constrained, even now that Don't Ask Don't Tell is gone, because they are not able to commit themselves in a marriage, at a certain point I’ve just concluded that for me personally it is important for me to go ahead and affirm that I think same sex couples should be able to get married. \u003c/p>\u003c/blockquote>\n\u003cp>\u003ca href=\"http://gma.yahoo.com/obama-announces-his-support-for-same-sex-marriage.html\">\u003cstrong>Watch the video and read his full answer here\u003c/strong>\u003c/a>.\u003c/p>\n\u003cp>\u003cstrong>Update 2 p.m.\u003c/strong> Here's \u003ca href=\"http://livewire.talkingpointsmemo.com/entries/obama-michelle-feels-same-way-on-gay-marriage\">\u003cstrong>another clip from the interview\u003c/strong>\u003c/a>, posted by Talking Points Memo. \u003c/p>\n\u003cp>Transcript: \u003c/p>\n\u003cblockquote>\u003cp>\u003cstrong>HOST ROBIN ROBERTS\u003c/strong>: Did you discuss this with Mrs. Obama, the same-sex marriage issue? \u003c/p>\n\u003cp>\u003cstrong>PRESIDENT OBAMA\u003c/strong>: I did. This is something we've talked about over the years. And she feels the same way that i do. And that is that in the end, the values that I care most deeply about and she cares most deeply about is how we treat other people. We're both practicing Christians and obviously this position may be considered to put us at odds with the views of others, but when we think about our faith, the thing at root that we think about is not only Christ sacrificing himself on our behalf, but it's also the Golden Rule: Treat others the way you want to be treated. And I think that's what we try to impart to our kids. And that's what motivates me as president, and I figure the more consistent I can be in being true to those precepts, the better I'll be as a dad and a husband and hopefully the better I'll be as president.\n\u003c/p>\u003c/blockquote>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>Update\u003c/strong>: Response from The American Foundation For Local Rights, which is sponsoring the legal challenge to Proposition 8, California's same-sex marriage ban...\u003c/p>\n\u003cblockquote>\u003cp>Los Angeles, CA – Today, in an interview with Robin Roberts of ABC News, President Barack Obama announced his support for marriage equality. \u003c/p>\n\u003cp>“Today is a proud day for all Americans,” said AFER lead co-counsel Theodore B. Olson. “The bedrock American principles of freedom and human dignity are central to the political and legal convictions of Republicans, Democrats, liberals, and conservatives alike. President Obama’s words remind us that marriage and equality are universal values that unite us all. They remind us that we are all—as a People and a Nation—striving to form a more perfect Union.”\u003c/p>\n\u003cp>“President Obama’s words today will be celebrated by generations to come,” said AFER Board President Chad Griffin. “For the millions of young gay and lesbian Americans across this nation, their President’s words provide genuine hope that they will be the first generation to grow up with the freedom to fully pursue the American dream. Marriage—the promise of love, companionship, and family—is basic to the pursuit of that dream. Our Constitution’s promise, the promise of liberty, is one that every generation must realize. As President Obama recognized today, the fight to secure marriage equality is the defining element of our generation’s search for greater freedom.”\u003c/p>\n\u003c/blockquote>\n\u003cp>Yesterday, Gallup released a \u003ca href=\"http://www.gallup.com/poll/154529/Half-Americans-Support-Legal-Gay-Marriage.aspx\">poll that showed 50 percent of Americans believe same-sex marriage should be legal\u003c/a>, down from 53 percent last year but still a noticeable swing from as recently as 2010, when just 44 percent approved of legalization. Notably, the latest poll shows the coveted group of voters identifying themselves as independent support same-sex marriage 57 percent to 40 percent. \u003c/p>\n\u003cp>In California, the numbers are even more favorable for proponents. A \u003ca href=\"http://field.com/fieldpollonline/subscribers/Rls2406.pdf\">February Field Poll found 59 percent supportive\u003c/a> of allowing same-sex couples to marry.\u003c/p>\n\u003cp>New York Times columnist Ross Douthat, however, wrote yesterday that \u003ca href=\"http://campaignstops.blogs.nytimes.com/2012/05/08/obamas-marriage-maneuvers/\">these numbers are soft\u003c/a>. Ironically, the column, posted at 11:35 p.m., attempts to explain why Obama hasn't come out in favor of same-sex marriage yet:\u003c/p>\n\u003cblockquote>\u003cp>The first reason is that while the increase in public support for same-sex marriage over the last two decades has been astonishingly swift, it has not been irreversible. Instead, sudden bursts of legal momentum – mostly driven by judicial rulings, from Massachusetts to Iowa – have often prompted temporary backlashes. \u003c/p>\n\u003cp>In Gallup’s polling, support for same-sex marriage rose from 35 percent to 42 percent between 1999 and 2004, but then dropped back to 37 percent; it rose to 46 percent just before Obama’s 2008 victory, but then dropped back to 40 percent a year later. Today’s 50 percent support likewise represents a slight drop-off from the high of 53 percent in the survey Gallup conducted last year.\u003c/p>\n\u003cp>This pattern suggests that Americans grow more resistant to same-sex marriage the more they feel that it’s being imposed upon them by an unelected judicial elite, and grow more supportive the more it seems to be gaining ground organically. A president is not an unelected judge, but a public flip-flop on the issue by the nation’s chief executive might feel like yet another elite attempt to pre-empt a debate that appears to be moving toward a resolution, but hasn’t quite been settled yet.\u003c/p>\n\u003cp>The second reason for the White House’s caution is that opinion polling has consistently understated opposition to same-sex marriage since the issue rose to national prominence. Voters who say they support it when Gallup and other pollsters come calling can behave very differently in the privacy of the voting booth. \u003ca href=\"http://campaignstops.blogs.nytimes.com/2012/05/08/obamas-marriage-maneuvers/\">Full article\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp>In March, KQED Public Radio's Forum program discussed the \u003ca href=\"http://www.kqed.org/a/forum/R201204160900\">political pros and cons of Obama declaring his support for same-sex marriage\u003c/a>. Here's one exchange between guests Evan Wolfson, founder and president of the same-sex marriage advocacy group Freedom to Marry, and Ed Espinoza, a Democratic political consultant:\u003c/p>\n\u003cblockquote>\u003cp>\u003cstrong>EVAN WOLFSON, FREEDOM TO MARRY\u003c/strong>: A vast majority of Democrats support the freedom to marry, but so do a majority of Independents, so do a majority of Catholics, so do a younger voters across the spectrum, including even Republicans and conservatives. So the President, by getting in line with the majority of Americans and the vast majority of Democrats and Independents, will be really doing something that his supporters, the people who are reachable, the people who want to be with him, want to see.\u003c/p>\n\u003cp>\u003cstrong>HOST MICHAEL KRASNY\u003c/strong>: Do you agree Ed Espinoza that the majority are in support of same sex marriage and that the president, really, if he goes for this on the campaign platform will be speaking to the majority of Americans?\u003c/p>\n\u003cp>\u003cstrong>DEMOCRATIC POLITICAL CONSULTANT ED ESPINOZA\u003c/strong>: I agree with the part that support for marriage equality is growing. I haven’t seen numbers recently to know if it’s a majority, though I will take Evan at his word… I can certainly believe that it is. As far as whether or not it’s good politics… there’s one hurdle here… and it’s that we don’t have national elections in this country. We have state-by-state elections. So long as we’re using this old dinosaur of the Electoral College and we don’t have a popular vote, we have got to weigh the outcome, the potential outcomes, of elections a little bit differently because some states have greater impact than others. And in some of these particular swing states, we don’t have a majority support just yet…”\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Update 12:45 p.m.\u003c/strong> The Log Cabin Republicans are not impressed. Posted on \u003ca href=\"http://livewire.talkingpointsmemo.com/entries/log-cabin-republicans-on-obama-offensive-callous?ref=fpb\">Talking Points Memo\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>That the president has chosen today, when LGBT Americans are mourning the \u003ca href=\"http://www.huffingtonpost.com/2012/05/08/amendment-one-north-carolina_n_1501308.html\">passage of Amendment One\u003c/a>, to finally speak up for marriage equality is offensive and callous,” said R. Clarke Cooper, Log Cabin Republicans Executive Director. “Log Cabin Republicans appreciate that President Obama has finally come in line with leaders like Vice President Dick Cheney on this issue, but LGBT Americans are right to be angry that this calculated announcement comes too late to be of any use to the people of North Carolina, or any of the other states that have addressed this issue on his watch. This administration has manipulated LGBT families for political gain as much as anybody, and after his campaign’s ridiculous contortions to deny support for marriage equality this week he does not deserve praise for an announcement that comes a day late and a dollar short.\u003c/p>\u003c/blockquote>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Dick Cheney? Yeah, the ex-veep, whose daughter is a lesbian, has said a couple of times that he supports same-sex marriage. Watch videos \u003ca href=\"http://www.huffingtonpost.com/2011/09/13/dick-cheney-gay-marriage_n_960874.html\">here\u003c/a> and \u003ca href=\"http://www.youtube.com/watch?v=E5jefmsqBG8&feature=player_embedded\">here\u003c/a>.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003caside class=\"pullquote alignleft\">\n\u003cul>\n\u003cli>\u003ca href=\"http://gma.yahoo.com/obama-announces-his-support-for-same-sex-marriage.html\">\u003cstrong>Watch video of Obama declaring support for same-sex marriage\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://livewire.talkingpointsmemo.com/entries/obama-michelle-feels-same-way-on-gay-marriage\">\u003cstrong>Video: The President on how his religion factored into his decision\u003c/strong>\u003c/a>\u003c/li>\u003c/ul>\u003c/aside>\n\u003cp>From an \u003ca href=\"http://news.yahoo.com/obama-announces-his-support-for-same-sex-marriage.html;_ylt=A2KJjamxvqpPxmgA_6bQtDMD\">interview with ABC News' Good Morning America\u003c/a>, President Obama comes out officially in support of same-sex marriage...\u003c/p>\n\u003cblockquote>\u003cp>I have to tell you that over the course of several years as I have talked to friends and family and neighbors when I think about members of my own staff who are in incredibly committed monogamous relationships, same-sex relationships, who are raising kids together, when I think about those soldiers or airmen or marines or sailors who are out there fighting on my behalf and yet feel constrained, even now that Don't Ask Don't Tell is gone, because they are not able to commit themselves in a marriage, at a certain point I’ve just concluded that for me personally it is important for me to go ahead and affirm that I think same sex couples should be able to get married. \u003c/p>\u003c/blockquote>\n\u003cp>\u003ca href=\"http://gma.yahoo.com/obama-announces-his-support-for-same-sex-marriage.html\">\u003cstrong>Watch the video and read his full answer here\u003c/strong>\u003c/a>.\u003c/p>\n\u003cp>\u003cstrong>Update 2 p.m.\u003c/strong> Here's \u003ca href=\"http://livewire.talkingpointsmemo.com/entries/obama-michelle-feels-same-way-on-gay-marriage\">\u003cstrong>another clip from the interview\u003c/strong>\u003c/a>, posted by Talking Points Memo. \u003c/p>\n\u003cp>Transcript: \u003c/p>\n\u003cblockquote>\u003cp>\u003cstrong>HOST ROBIN ROBERTS\u003c/strong>: Did you discuss this with Mrs. Obama, the same-sex marriage issue? \u003c/p>\n\u003cp>\u003cstrong>PRESIDENT OBAMA\u003c/strong>: I did. This is something we've talked about over the years. And she feels the same way that i do. And that is that in the end, the values that I care most deeply about and she cares most deeply about is how we treat other people. We're both practicing Christians and obviously this position may be considered to put us at odds with the views of others, but when we think about our faith, the thing at root that we think about is not only Christ sacrificing himself on our behalf, but it's also the Golden Rule: Treat others the way you want to be treated. And I think that's what we try to impart to our kids. And that's what motivates me as president, and I figure the more consistent I can be in being true to those precepts, the better I'll be as a dad and a husband and hopefully the better I'll be as president.\n\u003c/p>\u003c/blockquote>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Update\u003c/strong>: Response from The American Foundation For Local Rights, which is sponsoring the legal challenge to Proposition 8, California's same-sex marriage ban...\u003c/p>\n\u003cblockquote>\u003cp>Los Angeles, CA – Today, in an interview with Robin Roberts of ABC News, President Barack Obama announced his support for marriage equality. \u003c/p>\n\u003cp>“Today is a proud day for all Americans,” said AFER lead co-counsel Theodore B. Olson. “The bedrock American principles of freedom and human dignity are central to the political and legal convictions of Republicans, Democrats, liberals, and conservatives alike. President Obama’s words remind us that marriage and equality are universal values that unite us all. They remind us that we are all—as a People and a Nation—striving to form a more perfect Union.”\u003c/p>\n\u003cp>“President Obama’s words today will be celebrated by generations to come,” said AFER Board President Chad Griffin. “For the millions of young gay and lesbian Americans across this nation, their President’s words provide genuine hope that they will be the first generation to grow up with the freedom to fully pursue the American dream. Marriage—the promise of love, companionship, and family—is basic to the pursuit of that dream. Our Constitution’s promise, the promise of liberty, is one that every generation must realize. As President Obama recognized today, the fight to secure marriage equality is the defining element of our generation’s search for greater freedom.”\u003c/p>\n\u003c/blockquote>\n\u003cp>Yesterday, Gallup released a \u003ca href=\"http://www.gallup.com/poll/154529/Half-Americans-Support-Legal-Gay-Marriage.aspx\">poll that showed 50 percent of Americans believe same-sex marriage should be legal\u003c/a>, down from 53 percent last year but still a noticeable swing from as recently as 2010, when just 44 percent approved of legalization. Notably, the latest poll shows the coveted group of voters identifying themselves as independent support same-sex marriage 57 percent to 40 percent. \u003c/p>\n\u003cp>In California, the numbers are even more favorable for proponents. A \u003ca href=\"http://field.com/fieldpollonline/subscribers/Rls2406.pdf\">February Field Poll found 59 percent supportive\u003c/a> of allowing same-sex couples to marry.\u003c/p>\n\u003cp>New York Times columnist Ross Douthat, however, wrote yesterday that \u003ca href=\"http://campaignstops.blogs.nytimes.com/2012/05/08/obamas-marriage-maneuvers/\">these numbers are soft\u003c/a>. Ironically, the column, posted at 11:35 p.m., attempts to explain why Obama hasn't come out in favor of same-sex marriage yet:\u003c/p>\n\u003cblockquote>\u003cp>The first reason is that while the increase in public support for same-sex marriage over the last two decades has been astonishingly swift, it has not been irreversible. Instead, sudden bursts of legal momentum – mostly driven by judicial rulings, from Massachusetts to Iowa – have often prompted temporary backlashes. \u003c/p>\n\u003cp>In Gallup’s polling, support for same-sex marriage rose from 35 percent to 42 percent between 1999 and 2004, but then dropped back to 37 percent; it rose to 46 percent just before Obama’s 2008 victory, but then dropped back to 40 percent a year later. Today’s 50 percent support likewise represents a slight drop-off from the high of 53 percent in the survey Gallup conducted last year.\u003c/p>\n\u003cp>This pattern suggests that Americans grow more resistant to same-sex marriage the more they feel that it’s being imposed upon them by an unelected judicial elite, and grow more supportive the more it seems to be gaining ground organically. A president is not an unelected judge, but a public flip-flop on the issue by the nation’s chief executive might feel like yet another elite attempt to pre-empt a debate that appears to be moving toward a resolution, but hasn’t quite been settled yet.\u003c/p>\n\u003cp>The second reason for the White House’s caution is that opinion polling has consistently understated opposition to same-sex marriage since the issue rose to national prominence. Voters who say they support it when Gallup and other pollsters come calling can behave very differently in the privacy of the voting booth. \u003ca href=\"http://campaignstops.blogs.nytimes.com/2012/05/08/obamas-marriage-maneuvers/\">Full article\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp>In March, KQED Public Radio's Forum program discussed the \u003ca href=\"http://www.kqed.org/a/forum/R201204160900\">political pros and cons of Obama declaring his support for same-sex marriage\u003c/a>. Here's one exchange between guests Evan Wolfson, founder and president of the same-sex marriage advocacy group Freedom to Marry, and Ed Espinoza, a Democratic political consultant:\u003c/p>\n\u003cblockquote>\u003cp>\u003cstrong>EVAN WOLFSON, FREEDOM TO MARRY\u003c/strong>: A vast majority of Democrats support the freedom to marry, but so do a majority of Independents, so do a majority of Catholics, so do a younger voters across the spectrum, including even Republicans and conservatives. So the President, by getting in line with the majority of Americans and the vast majority of Democrats and Independents, will be really doing something that his supporters, the people who are reachable, the people who want to be with him, want to see.\u003c/p>\n\u003cp>\u003cstrong>HOST MICHAEL KRASNY\u003c/strong>: Do you agree Ed Espinoza that the majority are in support of same sex marriage and that the president, really, if he goes for this on the campaign platform will be speaking to the majority of Americans?\u003c/p>\n\u003cp>\u003cstrong>DEMOCRATIC POLITICAL CONSULTANT ED ESPINOZA\u003c/strong>: I agree with the part that support for marriage equality is growing. I haven’t seen numbers recently to know if it’s a majority, though I will take Evan at his word… I can certainly believe that it is. As far as whether or not it’s good politics… there’s one hurdle here… and it’s that we don’t have national elections in this country. We have state-by-state elections. So long as we’re using this old dinosaur of the Electoral College and we don’t have a popular vote, we have got to weigh the outcome, the potential outcomes, of elections a little bit differently because some states have greater impact than others. And in some of these particular swing states, we don’t have a majority support just yet…”\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Update 12:45 p.m.\u003c/strong> The Log Cabin Republicans are not impressed. Posted on \u003ca href=\"http://livewire.talkingpointsmemo.com/entries/log-cabin-republicans-on-obama-offensive-callous?ref=fpb\">Talking Points Memo\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>That the president has chosen today, when LGBT Americans are mourning the \u003ca href=\"http://www.huffingtonpost.com/2012/05/08/amendment-one-north-carolina_n_1501308.html\">passage of Amendment One\u003c/a>, to finally speak up for marriage equality is offensive and callous,” said R. Clarke Cooper, Log Cabin Republicans Executive Director. “Log Cabin Republicans appreciate that President Obama has finally come in line with leaders like Vice President Dick Cheney on this issue, but LGBT Americans are right to be angry that this calculated announcement comes too late to be of any use to the people of North Carolina, or any of the other states that have addressed this issue on his watch. This administration has manipulated LGBT families for political gain as much as anybody, and after his campaign’s ridiculous contortions to deny support for marriage equality this week he does not deserve praise for an announcement that comes a day late and a dollar short.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Dick Cheney? Yeah, the ex-veep, whose daughter is a lesbian, has said a couple of times that he supports same-sex marriage. Watch videos \u003ca href=\"http://www.huffingtonpost.com/2011/09/13/dick-cheney-gay-marriage_n_960874.html\">here\u003c/a> and \u003ca href=\"http://www.youtube.com/watch?v=E5jefmsqBG8&feature=player_embedded\">here\u003c/a>.\u003c/p>\n\n\u003c/div>\u003c/p>",
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