My wish list; Brew. No mas caliente. No more fighting. Ban your own mind, but let mine be free – take your prejudice and shove it.
Member Note (that’s me:): Please care about people that may not be just like you – today.
EXCERPT:
If you’ve followed me this far, you at least see the tremendous variety of ways
the detonation of the California marriage bomb will scatter shrapnel throughout
the union. For that reason, preserving the victory there ought to be priority
No. 1 for all gay rights donors and political organizations.
Gay marriage is a battlefield
Posted by: Chris
The battle over same-sex marriage is about to go nuclear. Not because it may
impact this year’s presidential race, as some have worried. But because the
skirmishes will now multiply into a multi-front struggle that will determine
whether access to civil marriage for the rest of us comes sooner or much, much
later.
Much of the early aftermath to the California marriage ruling has focused on its
possible impact on the general election contest between John McCain and Barack
Obama. Democrats remember all too well how George Bush and Karl Rove in 2004
used the Massachusettes marriage ruling as a “wedge issue” to galvanize
conservatives in swing states like Ohio.
The possibility for a repeat exists, of course, since a gay marriage ban is
already slated for the November ballot in Florida, a hugely important swing
state, and conservatives hope a similar measure in California might put that
reliably Democratic state in play. That’s unlikely, however, since Republican
Gov. Arnold Schwarzenegger has thrown his weight against the ban, and Obama’s
candidacy is likely to draw to the polls younger voters, who a recent Field Poll
confirms back gay marriage by an almost two-to-one margin.
Those who really care about the future of marriage for same-sex couples in the
U.S. need to stop being distracted by the pretty, shiny bauble that is the
Obama-McCain contest and focus on the battle in California itself, as well as
the brush fires it’s sure to spark throughout the country.
The impact from California will dwarf that of Massachusetts because marriage
laws in the two states differ in one important aspect: A 1913 law in the Bay
State allows non-residents to marry there only if their marriage would be
accepted in their home state. Gay activists failed to convince the Massachusetts
Supreme Judicial Court — the same one that struck down hetero-only marriage in
2003 — that the 1913 law was also unconstitutional. As a result, the landmark
2003 ruling extended marriage only to residing in Massachusetts and a few
other states — Rhode Island and New Mexico among them — that certified they
met the 1913 law’s restriction.
Not so in California. Non-resident gay couples may marry without restriction,
and then go home and ask that their marriages be recognized in any number of
contexts. New York Gov. David Paterson has already ordered state agencies there
to recognize marriage licenses issued to gay couples in California,
Massachusetts, Canada or the four other countries where it’s legal. Gay-friendly
governors elsewhere may quickly follow suit, especially after the November
election cushions the possible blowback and (hopefully) cements marriage
equality in California.
It’s long past time, for example, that D.C. Mayor Adrian Fenty to fulfill his
campaign promise to make public the legal opinion of a former attorney general,
gay himself, about whether the District should recognize gay marriages
from elsewhere. In fact, it’s long past time for the D.C. Council to adopt
marriage equality outright — a majority already supports it and the Democratic
leadership in Congress has pledged to allow marriage to be decided at the state
level.
In the other 48 states, gay newlyweds returning from California will over time
be raising recognition issues that will challenge not just the state
constitutionality of marriage bans but their federal constitutionality as well,
along with the holy grail: the constitutionality of the federal Defense of
Marriage Act. That infamous 1996 law, renounced by its own author Bob Barr now
that he’s the Libertarian Party’s nominee for president, purports to allow each
state the right to refuse recognition of gay marriages from other states.
The U.S. Constitution has something to say on that matter, however, since the
“Full Faith; Credit Clause” generally requires that states recognize the
legal papers and judicial rulings of other states — including marriages. There
are all sorts of exceptions to the rule, as it has been litigated over 200-plus
years, but that won’t save DOMA. By saying each state may unilaterally reject
gay marriages from other states under every conceivable context, DOMA is clearly
unconstitutional, since the FFC will require otherwise in at least some
situations. And if DOMA falls by judicial fiat, as it should, expect calls for a
federal constitutional amendment to ensue.
So much will depend on the unpredictable circumstances of each challenge that
the outcomes will be all over the map. Couples who travel to California from
states with marriage bans written into their constitutions will likely find
their new licenses worthless, since the FFC clause has long allowed states
to prevent citizens from escaping local marriage limits by simply crossing state
lines and wedding elsewhere.
On the other end of the spectrum, judicial rulings from California that
recognize a gay marriage in circumstances like child custody or the right to sue
for a spouse’s injury or death will most likely be accepted — perhaps even in
the most hostile anti-gay states. That’s because the federal Constitution’s
(?) clause will trump DOMA and a state’s marriage ban under the right
circumstances.
If you’ve followed me this far, you at least see the tremendous variety of ways
the detonation of the California marriage bomb will scatter shrapnel throughout
the union. For that reason, preserving the victory there ought to be priority
No. 1 for all gay rights donors and political organizations.
James Nimmo, treasurer/moderator
Bravery need not require threats to life and limb;
it requires the moral engagement of the mind.
www.okstonewall.org
[Non-text portions of this message have been removed]
From a Yahoo story – “High Court sides with Guantanamo detention…”
June 12, 2008
Referenced Source Yahooo Bookmark: http://news.yahoo.com/s/ap/20080612/ap_on_go_su_co/scotus_guantanamo
And, a quote that makes so much sense to me today, than yesterday – my awareness level is fluctuating with the sense of justice – and, that’s okay.
A headline, an endorsement, a decision – the Supreme Court’s decision stands, until it won’t…
We read, we think, we listen – we try to balance our emotions with reason. Today, I am proud to be an American.
Within moments, I edit the post – but, my blog on this subject remains the same, at this moment in time. It is with sorrow that injustice occurs – it is with processes that we find a way to beat the system – for fairness – justice is not blind; I think it is the best we can do – and, keep on fighting for rights that we already have been promised by our constitution in the USA – remember, terrorism is real. So is the process.
Related Source – The Cell Tour vlog (I consider this (MA): http://celltour.amnesty.org/?tr=y&auid=3740912
Hope this makes you think. I know it did me – again. Still proud t be an American.