Couples Torn Apart by the Government: April 24 Marriage News Watch

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STF analisa ações sobre união homossexual no próximo dia 4

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CAROLINA LEAL
DE SÃO PAULO

O STF (Supremo Tribunal Federal) deve analisar no próximo dia 4, quarta-feira, dois processos relativos à união homossexual. Um deles é a Ação Direta de Inconstitucionalidade, da Procuradoria-Geral da República, que pede o reconhecimento do casal gay como entidade familiar; o outro é uma ação do governo do Rio de Janeiro que pede que seja aplicado a casais homossexuais o mesmo regime jurídico das uniões estáveis.

STJ adia decisão sobre união de casal homossexual
Justiça do RS nega pensão a companheiro gay
Previdência formaliza pagamento de pensão a gays

Caso a decisão seja favorável, os mesmos direitos e deveres de companheiros nas uniões estáveis poderão ser estendidos aos casais do mesmo sexo. Um poderá ser considerado dependente do outro, por exemplo.
Segundo explica Maria Berenice Dias, desembargadora aposentada e especialista em direito homoafetivo, há indicativos que de a decisão do Supremo deve ser favorável aos pedidos. Não há previsão, no entanto, de quando a decisão final sairá. Para Dias, é certo que será feito algum pedido de vistas, o que deve atrasar o andamento dos processos.

No STJ (Superior Tribunal de Justiça), a decisão sobre o tema foi adiada no último dia 7 pela terceira vez este ano.

"O significado muito importante dessas decisões é que esse tema vem avançando no poder Judiciário, já que no Legislativo há uma omissão injustificável", diz Dias. Para ela, o reconhecimento da união homossexual é "um caminho sem volta".

A decisão do STF não é vinculante --que precisa ser acatada--, mas finaliza a orientação aos tribunais do país e influencia as decisões em instâncias inferiores.

Dentre as entidades que devem se manifestar no julgamento das duas ações no Supremo estão grupos de direitos humanos e a CNBB (Conferência Nacional dos Bispos).

http://www1.folha.uol.com.br/cotidiano/907902-stf-analisa-acoes-sobre-uniao-homossexual-no-proximo-dia-4.shtml


Folha.com
http://www.folha.com.br/

Via SacBee: Editorial: Prop. 8 backers get desperate, go after judge

During their 2008 campaign to pass an initiative banning same-sex marriage, Proposition 8 proponents insisted they weren't attempting to demonize or marginalize gays and lesbians. They were only standing up for "family values."

Read more: http://www.sacbee.com/2011/04/27/3581168/prop-8-backers-get-desperate-go.html#ixzz1KjES26OY

Via AmericaBlog: Should judges be excused from cases based on their skin color, their politics, their marital status?

As a follow on to Joe's earlier post that the religious right is now trying to have the courts overturn our recent Prop 8 victory in court, based on the simple fact that the judge is gay, I wanted to examine what other court decisions would have to be overturned if we follow this logic.

1. Black judges could not try cases involving civil rights.  Nor could a judge who's a member of any minority.  Of course it wouldn't stop there.  Judges who are white couldn't try cases either, since they're not minorities, but rather, part of the "oppressive majority," as the argument goes. Everyone has a stake in the case, white and black.

2. Judges who are straight couldn't decide sexual orientation cases.  After all, as the religious right keeps telling us, straight marriages are at risk.  So any straight judge who is married, or contemplates possibly ever getting married, would have a personal interest in any gay marriage case, and we can't have that.

3. Female judges couldn't decide any case dealing with gender.

4. Meat eaters couldn't try cases against PETA.  But then again, Vegans couldn't either.

5. And no Republicans or Democrats could ever try any political cases at all.  So basically, no judge could ever try a case brought before it by the Congress or the executive branch.

If anything, the accusation that gay judges are per se unable to be fair and objective judges is prima facie evidence of the bigotry and animus motivating Prop 8 supporters.

Via AMERICAblog: Law firm was reportedly in "mayhem" over decision to take DOMA case

Some great reporting from Amanda Terkel and Jennifer Bendery over at HuffPost.

The law firm King & Spalding stunned many observers Monday by abruptly withdrawing from representing the federal Defense of Marriage Act (DOMA) -- barely a week after coming under fire for signing on to defend the law on behalf of House Republicans. But the real shockwaves may have taken place within the firm, where, according to one insider, employees were at each other's throats over its decision to take on the case.

A source at the firm described the “mayhem” that ensued after employees learned King & Spalding agreed to defend DOMA.

“Management was divided, people were threatening to quit,” the source said. In addition, it was unclear if members of the firm’s Diversity Committee had been consulted ahead of time about taking on the case.

And for the record, Barack Obama's Attorney General Eric Holder thinks every single one of you is un-American. Unless you're Republicans who are trying to make a fast buck off of stopping gays from get their full and equal civil rights. Then Holder [hearts] you.

It would seem the facts of this case are a tad more complicated than our Attorney General realized when he decided to mouth off in a homophobic burst earlier today (funny how Holder never mouths off with pro-gay comments).  We're still waiting to hear the President disavow his Attorney General's incredibly offensive remarks.

Via Freedom to Marry:

Daniel, I was brought up to believe in the Golden Rule: You should treat others as you want to be treated. So you can imagine my shock when I heard that my Uncle Ron may have to give up the home he shared with my Uncle Tom, who died in March. Ron and Tom were together for 58 years and they married in California in 2008. But because the Defense of Marriage Act denies gay spouses the Social Security survivor benefits that would be paid to heterosexual widows and widowers, Ron is not getting the Social Security survivor benefits his husband, Tom, earned. Freedom to Marry has put together a video to highlight this heartbreaking story. Please take a moment to watch: http://freedomtomarry.org/Tom-Ron-Video   For as long as I can remember, Ron and Tom were together. It wasn't until I had gotten to be a bit older that I suddenly put two and two together and asked my father if Uncle Ron and Tom were gay. "Yes. Do you have any questions?" my father asked. "No," I responded. Looking back, I realize the exchange was remarkable in how unremarkable it was. The conversation took place in the '70s, when there was very little access to information about same-sex couples. Only now do I realize that I had access to the best possible information -- my relationship with my two uncles. They provided me with a real sense of love and commitment within my family. The marriage discrimination imposed by DOMA contradicts everything I was brought up to believe in. You've already helped shed light on how DOMA harms same-sex couples and their families when you signed the petition asking Congress to end the "gay tax." Thank you. Now can you encourage others to do the same? http://freedomtomarry.org/Tom-Ron-Video Through all the struggles of a committed relationship, my uncles' love for each other triumphed -- for better or for worse, for richer, for poorer, in sickness and in health. I only hope that, with your support, no other committed couple faces the same challenges as my Uncles Ron and Tom. Thank you, Shari Wallen Taylor

© 2003-2011 Freedom to Marry | http://freedomtomarry.org/unsubscribe

Via JMG: OHIO: Eight Horses Burned To Death In Anti-Gay Arson Attack

Eight horses were burned alive in their barn this weekend in an arson attack on a property owned by a gay man. The words "Fags are freaks" were found spray-painted on the side of the barn.

Seven adult horses and one foal died as a result of an arson fire at 874 West Richards Road in McConnelsville just after 11:30 p.m. on Sunday. Owner Brent Whitehouse said he woke to discover the barn engulfed in flames and immediately called 911, but it was too late. "I couldn't get the door open I could still hear the horses kicking and I tried as hard as I could to get them out and I just couldn't get them out in time," he said. Those who know Brent believe this was a hate crime, explicit words relating to his sexuality were spray painted in large white letters on the side of the barn before the fire was started. "They obviously don't know him very well, because he's a sweet-hearted person and how he lives his lifestyle is nobody's business but his own," said friend Bobbie Nelson.

Unbelievable.

Labels: hate crimes, horrible, Ohio

reposted from Joe

Via JMG: TN House Votes To Overturn Nashville's Gay-Friendly Business Ordinance

Earlier this month Nashville's city council approved a law banning the city from doing business with companies that discriminate against their LGBT employees. Yesterday the GOP-dominated state House voted to overturn that law.

The measure sponsored by Republican Caucus Chairman Glen Casada of Franklin was approved 73-24 on Monday. The companion bill is awaiting a vote in the Senate State and Local Government Committee. The proposal would void a Nashville ordinance barring companies that discriminate against gays and lesbians from doing business with the city. Under state law it is illegal to discriminate against a person because of race, creed, color, religion, sex, age or national origin. The Nashville ordinance prohibits companies that discriminate because of sexual orientation or gender identity from receiving city contracts. It does not apply to local governments' hiring policies for their own workers.

(Tipped by JMG reader Tim)

Labels: business, GOP, Nashville, Tennessee

reposted from Joe

Via JMG: Church Sign Of The Day

The above message is being displayed on an electronic billboard in Toledo, Ohio. The church has issued the below statement in support of their campaign.

This simple statement is intended to be a gift to those who have experienced hurt and discrimination because of their real or perceived sexual orientation. The Church seeks nothing less than the healing of the world, and Central UMC wants to offer words and acts of healing to those hurt and marginalized. Also, declaring that being gay is a gift from God is a prophetic call to the Church to get out of the business of marginalizing gay and lesbian persons from the Church, and to welcome them as full members.

Refreshing and positive religious news! On JMG!

Labels: advertising, Ohio, religion

reposted from Joe

Via JMG: Prop 8 Proponents Move To Vacate Judge Vaughn Walker's Ruling Because He's Gay

They've been talking about it for weeks and today Prop 8's backers officially filed to vacate Judge Vaughn Walker's ruling overturning the ban of same-sex marriage in California. Because a gay judge cannot possibly be impartial about gay issues.

The sponsors of California's same-sex marriage ban said Monday that the recent disclosure by the federal judge who struck down Proposition 8 that he is in a long-term relationship with another man has given them new grounds to have his historic ruling overturned. Lawyers for the ban's backers filed a motion in San Francisco's U.S. District Court, arguing that Chief U.S. District Judge Vaughn Walker should have removed himself from the case or at least disclosed his relationship status because his "impartiality might reasonably be questioned." "Only if Chief Judge Walker had unequivocally disavowed any interest in marrying his partner could the parties and the public be confident that he did not have a direct personal interest in the outcome of the case," attorneys for the coalition of religious and conservative groups that put Proposition 8 on the November 2008 ballot wrote.

Lambda Legal's Jon Davidson reacts:

To say that Judge Walker's should have disclosed his ten-year relationship with another man or that it made him unfit to rule on Proposition 8 is like saying that a married heterosexual judge deciding an issue in a divorce proceeding has to disclose if he or she is having marital problems and might someday be affected by legal rulings in the case. Or that any judge who professes any religious faith is unable to rule on any question of religious liberty or, at a minimum, must disclose what his faith teaches. Much like a suggestion that a female judge could not preside over a case involving sexual harassment or an African American judge could not preside over a case involving race discrimination, Proposition 8's supporters improperly are suggesting that a judge will rule in favor of any litigant with whom he shares a personal characteristic.

American Foundation for Equal Rights reacts:

"This motion is yet another in a string of desperate and absurd motions by Prop 8 Proponents who refuse to accept the fact that the freedom to marry is a constitutional right. They're attempting to keep secret the video of the public trial and they're attacking the judge because they disagree with his decision. Clearly, the Proponents are grasping at straws because they have

NCLR's Shannon Minter reacts:

"This is a desperate and ill-advised move that underscores their inability to defend Prop 8 on the merits. This is not likely to win them any points with the courts, who understandably do not appreciate having the integrity of judges called into question based on such outrageous grounds. This is part and parcel of the underhanded way the Prop 8 campaign itself was run-based on lies, insinuations, and unsupported innuendo."

Labels: AFER, bigotry, California, marriage equality, Proposition 8, Protect Marriage, religion, Vaughn Walker

reposted from Joe

Via JMG: Openly Gay Former NBA Player John Amaechi On Kobe Bryant's Fine

Openly gay former NBA player John Amaechi feels Kobe Bryant's "fucking faggot" apology was insincere and that the NBA's fine was appropriate. Amaechi came out in 2007 after his retirement. He remains the only openly gay current or former NBA player.

Labels: John Amaechi, language, NBA, sports

reposted from Joe

Blog post of the Day:

"Nihilism equals Christianity because Jesus came into the world not to demonstrate what the "natural" order was but to demolish it in the name of charity. Loving one's enemies is not exactly what the natural order prescribes, and more than that, it isn't what naturally happens. so when the Church defends the natural order of the monogamous reproductive family against any act of charity whatever toward (naturally) gay persons or bars women from the priesthood (once again because women are supposed to have a different natural vocation), it shows its preference for the God of the natural order over the message of Jesus. It is no surprise that a church oriented that way is also "naturally" reactionary, always defending the (dis)order in place except when it fringes on the rights of the clergy...Gioacchino da Fiore was a true prophet when he taught in the Middle Ages that the history of salvation passes through moments and phases. Adapting his terminology, we could say that we are living in the age of the Spirit, which is much as to say that we are living in an epoch that through science and technology can dispense with metaphysics and a metaphysical God: a nihilist epoch. An epoch in which our religiosity can finally develop into the form of charity no longer dependent on truth. There is no longer any reason to say, "Plato a friend, but the truth a greater friend." In the past the Church (the Churches, rather) put a whole range of heretics to death for just the reason encapsulated in that phrase. There is not, an not ought to be, anything more than charity, a welcoming toward the other."

  - Gianni Vattimo, A Farewell to Truth, Columbia University Press, 2011  pp 59-60

thanks to BG for this insightful post.

Via JMG: GOP Praises Paul Clement, Disses King & Spalding Over DOMA Withdrawal

"I want to express my gratitude to former Solicitor General Clement. I admire his unwavering commitment to his clients and his dedication to uphold the law – qualities that appear to be inconsequential at King and Spalding where politics and profit now appear to come first. King and Spalding’s cut and run approach is inexcusable and an insult to the legal profession. Less than one week after the contract was approved engaging the firm, they buckled under political pressure and bailed with little regard for their ethical and legal obligations. Fortunately, Clement does not share the same principles. I’m confident that with him at the helm, we will fight to ensure the courts – not the President – determine DOMA’s constitutionality." - Rep. Dan Lungren, chairman of the House Republicans Study Committee.

Labels: DOMA, GOP, marriage equality, U.S. House

reposted from Joe

Via JMG: HomoQuotable - Larry Kramer

"Please know that AIDS is a worldwide plague. Please know that no country in the world, including this one, especially this one, has ever called it a plague, or dealt with it as a plague. Please know that there is no cure. Please know that after all this time the amount of money being spent to find a cure is still miniscule, still almost invisible, still impossible to locate in any national health budget, and still totally uncoordinated.

"Please know that here in America case numbers continue to rise in every category. In much of the rest of the world — Russia, India, Southeast Asia, Africa — the numbers of the infected and the dying are so grotesquely high they are rarely acknowledged. Please know that all efforts at prevention and educations continue their unending record of abject failure. Please know that there is no one in charge of this plague. This is a war for which there is no general and for which there has never been a general. How can you win a war with no one in charge?" - Larry Kramer, from a letter handed to patrons attending the revival of his landmark play, The Normal Heart.

Read Kramer's entire letter.

 Labels: AIDS, Broadway, gay writers, HIV, HomoQuotable, Larry Kramer

reposted from Joe

"Tale of Two Cities" from SFGMC's "Words" Spring 2011 Concert

Via JMG: The Sisters Fire Back At Porno Pete

San Francisco's Sisters of Perpetual Indulgence have fired back at hate activist Porno Pete LaBarbera, who yesterday circulated a press release denouncing the Sisters' annual "Hunky Jesus" contest. An excerpt:

First of all the Sisters would like to thank Peter La Barbaria for all the free publicity he is providing for our Hunky Jesus Contest. Even in the most reactionary communities and families there are brilliant young queer children aching for something truly revolutionary, a chance to be utterly glamorous, and to royally piss off their uptight, puritanical parents. The Sisters often declare their love for Peter and especially appreciate Mr. LaBabar's effectiveness in getting news and images of the Sisters to those children. Of course we don't hate anybody, but his saying we do is a great way to grab the interest of angry resentful children, and we have much experience in helping GLBT youngsters work through their anger to find a more joyous spiritual path.

However, as much as Mr. La Barbarella is promoting our appeal to rebellious youth, it is not really our intention or purpose to offend Christians. Many of our friends and fans are Christians as are some of the Sisters. It's not even our intention or purpose to offend uptight, humorless prigs, though we often do so by suggesting that the Deity has a sense of humor. After all, God created a garden of paradise for us, declared His/Her love for us, and created such laughably bizarre creatures as the platypus, the naked mole rat, and Sarah Palin. But our mission is not to offend. Rather we are dedicated to the expiation of stigmatic guilt and the promulgation of universal joy. Still, we do understand that any sort of liberating theology is offensive to those who want to keep others under their thumbs. Offending prudes and tyrants is not our purpose, but we consider it a bit of a bonus.

Read the Sisters' full message.

Labels: drag, Easter, Peter LaBarbera, religion, San Francisco, satire, Sisters Of Perpetual Indulgence

reposted from Joe

My Peeps!

Via Equality America:

 

Defector: NOM Wanted “Crazy” Antigay Propaganda

advocate.com

 

NOM president Brian Brown ordered former marriage tour director Louis Marinelli to make LGBT counter-protesters look as "crazy" as possible.