Yesterday, on 25 February 2010, the European Court of Human Rights, has its first hearing on a case regarding same-sex marriage. The Court’s hearing was on the admissibility and merits in the case of Schalk and Kopf v. Austria(application no. 30141/04).
Professor Robert Wintemute was granted a permission by the Court to make oral submission on behalf of the four third-party interveners: the FIDH (the Fédération Internationale des ligues des Droits de l'Homme, Paris), the ICJ (the International Commission of Jurists, Geneva), the AIRE Centre (Advice on Individual Rights in Europe, London), and ILGA-Europe (the European Region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association, Brussels).
A decision on admissibility, followed if appropriate by a judgment, will be delivered at a later date.
You can view webcast of the hearing here
Details of the case
The applicants, Horst Michael Schalk and Johann Franz Kopf, are Austrian nationals who were born in 1962 and 1960 respectively and live in Vienna. They are a same-sex couple and live together.
In September 2002 the applicants asked the competent authorities to allow them to contract marriage.
Their request was refused by the Vienna Municipal Office on the grounds that marriage could only be contracted between two persons of opposite sex. The applicants appealed before the Vienna Regional Governor and the Constitutional Court arguing that the notion of marriage had evolved over time thus having to be understood nowadays as a permanent union encompassing all aspects of life, and that the procreation and education of children were no longer a determinative factor in it. Their appeals were not successful. Both the Governor and the Constitutional Court, referring to Article 12 (right to marry) of the European Convention on Human Rights and also to Articles 8 (right to respect for private and family life) and 14 (prohibition of discrimination), held that to limit the notion of marriage to the traditional concept of marriage reserved to persons of a different sex was objectively justified.
Relying on Article 12, they complain of the authorities’ refusal to allow them to contract marriage.
Relying further on Article 14 in conjunction with Article 8 they complain that they were discriminated against on account of their sexual orientation since they were denied the right to marry and have no other possibility to have their relationship recognised by law. Finally, under Article 1 of Protocol 1 (protection of property), they allege that they suffer financial disadvantages compared to married couples.
The application was lodged with the European Court of Human Rights on 5 August 2004.
Despite a rebuff from the U.S. Supreme Court, the Bay Area's federal judges are again proposing to allow cameras in their courtrooms, a plan that could lead to telecasting of closing arguments in a suit challenging California's ban on same-sex marriage. The U.S. District Court in San Francisco has posted a rule change on its Web site that would allow its judges to take part in a pilot program of airing selected nonjury civil trials. The public comment period began Feb. 4 and ends Thursday.Protect Marriage says they won't speculate on opposing the broadcast until they know if it is really going to happen.
The proposal is the same one Chief U.S. District Judge Vaughn Walker adopted in January after a week of overwhelmingly favorable public comment. But the Supreme Court intervened when Walker approved camera coverage of the trial over Proposition 8, the November 2008 initiative that outlawed same-sex marriage.
Labels: cameras in the courtroom, Perry v Schwarzenengger, Proposition 8, Vaughn Walker
You know how the Moonies like to do those mass weddings of thousands of couples? A group in Washington DC is going to attempt the same thing with gay couples as they shoot for an entry in the Guinness Book of World Records. The largest gay wedding in history is scheduled for Saturday, March 20th in Washington, DC. Up to 400 couples will exchange vows breaking the current Guinness World Record. The celebration is part of an all-day series of events called Our Time Has Come, a title chosen to signify the long road that many couples have traveled to marriage. Events slated for March 20 include a large group ceremony, individual private ceremonies and a gala-style reception. All portions are scheduled at the Andrew W. Mellon Auditorium, an ornately gilded historic venue on Constitution Avenue, the event is being hosted by GLBT Wedding Services.
Mike Wilkinson, Director of Wedding Services for Event Emissary, is one of the planners producing the mega-event. "The GLBT community has always found strength in numbers when it comes to advocating for equality," Wilkinson said. "Now we can finally stand together to affirm our love and have it recognized legally by the District of Columbia." Even though the event is big, the concept is being carefully designed so that the experience is special for every couple involved. The reception is open to friends and family to celebrate alongside the newlyweds. "Every aspect is being planned with sensitivity to the GLBT audience that will be attending," Wilkinson said. Drew Parker and his partner Dalin Holyoak are one of the many couples getting married at the event. "Our relationship and our lives could not wait for our marriage to be 'legal' in DC, but we are both excited and relieved that our marriage will finally be recognized in the city we call home. We signed up to be part of the mass ceremony as soon as we could."
Labels: gay weddings, LGBT History, marriage equality, Washington DC
reposted from JMG
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February 23, 2010
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APA Council Votes to Move Its August Meeting Out of the Manchester Hyatt Hotel
(Washington, DC) — The Council of Representatives, the major legislative body of the American Psychological Association, will not meet at the Manchester Hyatt Hotel during the Association’s August 2010 Convention. In response to a donation to the Proposition 8 campaign by the owner of the Manchester Hyatt, Doug Manchester, a number of APA Divisions and members voiced concerns about APA’s use of the hotel during its annual meeting.
“Today’s decision allows Council to make an important statement that it stands in solidarity with the LGBT community and its allies in protest of Mr. Manchester’s political views. Members of our Council will now not be faced with having to choose between their responsibilities as members of Council and their wish to express their opposition to Mr. Manchester’s action by not entering his hotel,” said APA President Dr. Carol Goodheart.
APA is not calling for a general boycott of the Hyatt hotel but will make every effort to provide choices to members or groups who do not want to use the Hyatt hotel. Other lodging and meeting space will be available.
“It is important that we be respectful of the decisions of individuals; those who choose to stay at the Hyatt and those who do not,” said Goodheart.
In addition, APA plans to use the meeting to highlight the Association’s policy statement in support of same-sex marriage and the science that supports that position.
Dan Savage blasts back with some Bible verses of his own.
Labels: Dan Savage, Keith Olbermann, Lauren Ashley, marriage equality
In stark contrast to the situation in America, last night British Prime Minister Gordon Brown thanked his nation's openly serving gay soldiers in a ceremony celebrating the contributions of LGBT people to Britain.Brown told guests at 10 Downing Street, including a number of gay servicemembers, that there was a “debt of gratitude we can never fully repay”. He said that the pride they felt was “nothing compared to the pride we feel in them”. Mr Brown cited the current struggle in the US to repeal Don’t Ask, Don’t Tell, which bans gays and lesbians from serving openly in the military, saying he knew debate on the issue continued. In 2009, for the first LGBT reception at Downing Street, Mr Brown said that the ban on gay marriage in California was “unacceptable”. This year marks the tenth anniversary of the British military allowing out gay soldiers. Mr Brown said: “I promise you that no one need walk the road to equality alone again.” He also listed the achievements made for gay equality in the last ten years, such as gay adoption and fertility rights for lesbians, saying people had warned these things could not be done.
Labels: Britain, Gordon Brown, LGBT rights, military, UK
Lesbian speed skater Ireen Wüst of the Netherlands powered around the final lap to win the women's 1,500 meters in Vancouver. Wüst posted a time of 1 minute, 56.89 seconds to beat Canadian Kristina Groves by .25 seconds to capture her country's fifth speedskating medal of the Vancouver Olympics.
At the podium, Wüst broke down in an emotional moment as the Dutch national anthem surrounded the crowd.
In a truth-is-weirder-than-fiction moment, a gay couple in Madrid told Typically Spanish they purchased their flat from the pope. Apparently, a devout woman left it to him in her will. He, in turn, put it on the market.
The couple, Alberto and Miguel Ángel, said “the Church does not love us, but is happy to do business.”
The Web site commented “The gay couple, who are now married, also against the Church’s wishes, now enjoy dinner parties showing the escrituras (deeds) of the flat with the name of the Pope.”
I think Miss Graham is complaining about not being able to filibuster the health care vote down to a standstill.
Labels: closet cases, health care reform, Lindsey Graham, Senate
Don't Ask, Don't Tell proponents too often paint a distorted picture of what a repeal would mean. Today, Media Matters for America released a comprehensive review detailing how opinion pages and cable news talk shows have been flooded with falsehoods and anti-gay rhetoric to support the dubious argument that Don't Ask, Don't Tell is working. Myths that repealing Don't Ask, Don't Tell would adversely affect unit cohesion, retention, or the HIV rate among servicemembers are not based in reality. Similarly, the anti-gay rhetoric permeating many of these arguments only serves to cheapen the national discussion on this important issue. Because news outlets continue to repeat these outrageous myths, a coalition of organizations is banding together to combat misinformation about the Don't Ask, Don't Tell law. As Congress moves forward on this legislation, we will be vigilant in ensuring that news reports are accurate and fair. The public deserves an honest debate -- not one marred by blatant falsehoods and anti-gay attacks.Among the co-signers are the HRC, the Courage Campaign, GLAAD, and the NGLTF. Visit the Myths and Falsehoods page for a point-by-point refutation of the lies and misinformation being spread about the gays in the military and the repeal attempt.
Labels: DADT, journalism, Media Matters, military
Lifted from JMG
What's one indication that the sport of male figure skating is going to emerge from the 2010 Olympics as more popular than ever? Conservative Catholics are starting to worry that the sport is going to take a nation of men and turn them into a nation of ... men who wear sequins. While Pope Benedict XVI hasn't issued an edict denying Communion to male figure skaters yet, the sport has clearly gotten under the nerves of at least one Catholic columnist, Louie Verrecchio. He writes for Catholic News Agency, and in his latest column he takes male figure skating to task for not being NASCAR on ice.
jump, fly, skate here to read the full article
Okay. So Prop 8 passed. Alright, I get it. 51% of you think that I am a second class citizen. Alright then. So my wife, uh I mean, roommate? Girlfriend? Special lady friend? You are gonna have to help me here because I am not sure what to call her now. Anyways, she and I are not allowed the same right under the state constitution as any other citizen. Okay, so I am taking that to mean I do not have to pay my state taxes because I am not a full citizen. I mean that would just be wrong, to make someone pay taxes and not give them the same rights, sounds sort of like that taxation without representation thing from the history books.
A billboard company in Colorado Springs (home to Focus On The Family, numerous megachurches, and a completely devastated city infrastructure) has banned a bus stop campaign for Avenue Q. Because it shows puppet cleavage. The puppet's name is Lucy the Slut. She's a pink Sesame Street-like puppet in the touring Broadway show “Avenue Q.” "Avenue Q" is a Tony-winning musical about twenty-something New Yorkers, both human and puppets, searching for life and love. The show addresses issues like sex, drinking, and surfing the Web for porn. Lamar Advertising rejected the ad for bus shelters, according to the Colorado Springs Gazette newspaper. "We were in the process of putting it on the presses when one of the top execs saw it and said, ‘I don’t think it’s appropriate for the Colorado Springs market,’" according to Kristy Maple, marketing director for New Space Entertainment.(Via Avenue Q author Jeff Whitty)
Labels: advertising, Avenue Q, Broadway, Colorado Springs, dumbassery
