
From our family to yours, our absolute best for the Christmas season and coming New Year.
With this, I'll be signing off until after Christmas.

This blog will hopefully chronicle our quest for recognition of our marriage by my employer, the state, and the nation. For a peek into my life other than this lawsuit, check out my personal blog at http://milindoe.blogspot.com
Both marriage and partnerships have the same rights and responsibilities but gays and lesbians cannot call themselves married. The difference is critical for gay leaders who point out the inequity in the law, but for non-gays, especially the media, both are the same. The media has seldom used the phrase' civil partnership', opting instead to call the unions 'marriage'.
Legal experts say the court could rule in any of three ways: It could declare DOMA unconstitutional and grant same-sex couples the same rights as heterosexuals, uphold DOMA, or ask the Legislature to resolve the issue.
In a Monday ruling Superior Court Judge Mary Jo Levinger said that the city regulation "is contrary to California law and is therefore pre-empted. Furthermore, only marriages between a man and a woman may be recognized by the City of San Jose."
"Ford's response wasn't just to an outcry from GLBT people, but to the clear message from our families and friends that we will not tolerate Ford or any other corporations' surrender to the demands of extremist groups like the AFA."
Right on, Padre! I wonder how it is that all of these neo-cons and homophobes who continually quote scripture as a valid reason to discriminate and spread messages of hate against gays don't see this? On a message board I frequent, they use the term "Buffet Christian," and I find it to be right on, also. Pick and choose, pass over the things that aren't appealing. What hypocrisy. And, isn't that, in and of itself, a sin of choice?
To the Editor,
Re: Anti-Gay Group Dumps Bank
Focus on the Family's decision to sever their relationship with Wells-Fargo Bank raises an interesting question: the Book of Leviticus also forbids lending or borrowing of money at interest.
Presumably Focus on the Family had no qualms about depositing their monies in interest-bearing checking and savings accounts, as well as other interest-bearing instruments.
Is there an edition of the Holy Bible that I'm not aware of that differentiates between the sin of usury and the sin of sodomy?
How is it then, absent such an edition, that Focus on the Family roundly condemns the latter, and practices the former?
The Rev'd. Father Raymond H. Clark
Superior (retired)
The Community of the Resurrection
San Diego California
Rep: Oh, I see the problem. You inadvertently checked "spouse"
for Lisa.
Me: That's because she is my spouse.
We were legally married in Canada.
*pregnant pause*
Rep: Oh, well we don't recognize that in New York State.
Me: That's not what the state's Attorney General Elliott Spitzer
says.
*longer pregnant pause*
Rep: Oh, well the computer won't take it that way.
Me: Which means that the computer was deliberately programmed to
discriminate then, right?
*pause* *long sigh*
Rep: We'll have to put her into the system as your domestic
partner.
Me: Whatever.
ACLU asks end to NYS law banning marriage equality
ALBANY - The American Civil Liberties Union on Oct. 17 asked a New York appeals court to strike down a state law that bars same-sex couples from marriage and the hundreds of family protections afforded to married couples.
Meanwhile, the state’s case against marriage equality was not going too well, according to the New York Law Journal.
“It was a great relief to be in court and hear our lawyers explain to the court the very real consequences we deal with when we’re treated as legal strangers to our partners,” said plaintiff Tonja Alvis of Schenectady, who is raising two children with her partner of six years, Kathy Burke. “We’re looking forward to the day when we can finally dance with our sons at our wedding and are no longer denied the legal protections that other couples enjoy.” Alvis has no health insurance because she can’t afford the plan offered by her employer, and Burke’s employer doesn’t offer domestic partner health benefits.
The case, brought by the ACLU’s national Lesbian and Gay Rights Project, the New York Civil Liberties Union, and Paul, Weiss, Rifkind, Wharton and Garrison, LLP was argued before the Third Judicial Department of the New York Supreme Court’s Appellate Division on behalf of 12 same-sex couples. Several of the plaintiffs, who hope to be married in the state of New York and had been on the waiting list to get married by Mayor Jason West in New Paltz, were present in court.
“Our plaintiffs include a police officer, a nurse, a social studies teacher, an artist, a physical therapist, and a state legislator — people from all walks of life who make the same commitments to their partners that straight couples do,” said Roberta Kaplan of Paul, Weiss, Rifkind, Wharton and Garrison, LLP, who argued the case as an ACLU cooperating attorney. “Denying these loving, devoted couples marriage protections hurts families and ultimately the state….
“This is not a case about abstract principles,” Kaplan said. “This is a case about real people… who are deprived of benefits by the state of New York.”
“Marriage is a commitment shared by two people who love each other and agree to look out for each other during the good times and the bad,” said James Esseks, Litigation Director of the ACLU’s national Lesbian and Gay Rights Project. “Two adults who make this personal choice to form a life-long commitment should not be denied the right to marry just because they are gay or lesbian.”
Among the couples who were present for the arguments were:
Cindy Bink and Ann Pachner of West Hurley, who have been together for 17 years. Bink had to leave her job as a counselor at a community college in New Jersey, where she had worked for 17 years because the college did not offer domestic partner benefits. Forced to search for a job that would allow her to cover Pachner on her health insurance policy, she finally found a job working for the City of New York that provides health care for both of them.
Regina Cicchetti and Susan Zimmer, who live in Port Jervis and recently celebrated their 35th anniversary. Cicchetti has survived two life-threatening illnesses — breast cancer and a pituitary tumor — and says that she could never have made it through these crises without Zimmer’s support. The couple wants the security of knowing no questions will be asked about their relationship should one of them be hospitalized in the future.
“The New York constitution requires that the state treat all its citizens equally,” said Art Eisenberg, Legal Director of the New York Civil Liberties Union. “Despite the fact that lesbian and gay people make the same kinds of commitments to their partners and children that straight people make, the state denies them numerous protections that keep families afloat during difficult times. That’s not equal treatment.”
It is unknown when the court will issue its ruling. However, the Court of Appeals, New York State’s highest court, will almost certainly have the ultimate say over the issue.
Biographical information on all of the clients and the legal documents, and other background materials about Samuels and Gallagher, et. al. v. New York Department of Health, are available at www.aclu.org/caseprofiles.
The New York Law Journal’s coverage suggested that the state conceded that New York has no compelling interest in preventing same-sex marriages, and relied on a rational basis claim. “In 90 minutes of arguments before the Appellate Division, Third Department, the state abandoned one of its two major defenses and struggled to sell the other.”
The Law Journal said that Deputy Solicitor General Peter H. Schiff claimed that while there is no compelling state interest in banning homosexual marriage, the state’s prohibition survives a rational basis test on the strength of its historic commitment to providing a stable environment for children. The state argued it was up to the Legislature to determine whether same-sex marriages should be legalized.
Schiff did not claim that gay or lesbian parents would necessarily preside over an unstable environment, arguing instead that New York’s preference for opposite-sex marriages is based on the rationally pragmatic interest in encouraging childbirth within the confines of marriage.
“Well, what does that have to do with it?” asked Judge Anthony J. Carpinello, a question asked in various forms by several judges, the Law Journal said.
According to the Law Journal, Schiff attempted to explain that with the possibility of accidental procreation, the state has an interest in promoting marriage so children will be born in “physically and emotionally stable settings”. But that argument appeared to trouble the court, especially since there is no possibility of accidental procreation in a homosexual relationship.
“That is a little bit of a stretch, wouldn’t you say?” responded Presiding Justice Anthony V. Cardona.
DEAR ABBY: My 22-year-old niece, "Brittany," married her boyfriend of many years last month in a lavish production of a wedding financed entirely by her father (my brother). On the invitations, it was mentioned that their home was fully furnished, so in lieu of gifts, they'd appreciate money for their honeymoon to the Dominican Republic.
Most family members generously complied and chipped in $300 to $500 each. My widowed grandmother, who lived on a fixed income, even sent them $50.
Four days after their return from the honeymoon, Brittany threw her husband of two weeks out of the house and moved in with her new boyfriend, whom she'd first met when he "entertained" at her bachelorette party three weeks prior. To say we are all surprised is putting it mildly.
No one has heard from Brittany since, and no explanation was offered. My mother recently got her on the phone, and Brittany quickly ended the conversation by claiming that all the money had been "spent" and that her now ex-husband had any funds that remained. (We know this can't be true because the distraught groom recently approached my brother and asked him to pay for the annulment.)
Doesn't etiquette dictate that Brittany return all gifts -- including cash -- as the marriage ended just days after the checks cleared the bank? Is this why there's a 12-month window in which to send wedding gifts? -- ANGRY IN SAN FRANCISCO
(Jackson, Alabama) A 52 year old Alabama man is clinging to life in a Jackson hospital after what police call a homophobic attack. A 26 year old man is charged with attempted murder in the beating Billy Sanford. Police said that when he was arrested Marcus Dewayne Kelley confessed saying that he attacked Sanford with a hammer because the slight older man had made sexual advances toward him.
165
The lesbianity is strong in this one. You love the ladies. Either that or you just like cats and bad music. I bet you've got a good collection of baseball caps. Or are they scalps from your sexual conquests? Oh, no. They're baseball caps (sorry 'bout that).
Fox News commentator Bill O'Reilly is under fire for suggesting that al-Qaida should "blow up" Coit Tower, one of the San Francisco's most famous landmarks, because voters backed a resolution discouraging military recruiters on public high school and college campuses.
The proposition passed by a healthy majority last Tuesday. It does not ban recruiters, but it does urge schools to reject them.
The proposition is not binding but its let the Pentagon know how the city feels about 'don't ask, don't tell' the military's ban on gays serving openly.
On his Fox television show O'Reilly called for President George W. Bush to withdraw any military protection for the city.
"...If al-Qaida comes in here and blows you up, we're not going to do anything about it. We're going to say, look, every other place in America is off limits to you, except San Francisco. You want to blow up the Coit Tower? Go ahead," O'Reilly said.
I mean, look, everybody knows what’s going on there. What I said isn’t controversial. What I said needed to be said. I’m sitting here and I’m looking at a city that has absolutely no clue about what the world is. None. You know, if you had been hit on 9/11 instead of New York, believe me, you would not have voted against military recruting. Yet the left-wing, selfish, Land of Oz philosophy that the media and the city politicians have embraced out there is an absolute intellectual disgrace.
I don’t think they like the country. I don’t think these people like the country. They feel that we’re the problem, we’re the evildoers, that al Qaeda is created because of us. That’s the hallmark of the radical left. It’s always America’s fault. We’re the bad country, and the enlightened citizens of San Francisco, we’re not going to be a part of it. We’re gonna separate out. We’re gonna ban military recruiting. Number one, that’s a fascist act. I mean, you’re making a decision that your citizens can’t hear of an opportunity they may want to hear about. That’s number one. So, look, I’ve had enough. I think you guys have had enough. If these guys want to come on the Radio Factor or the television Factor and debate me — I’ve been after [San Francisco Mayor] Gavin Newsome to come on the program for years. I mean, this is a big guy with a mouth who runs around, but he’s a coward. He won’t come on and debate me about this issue. Is Gavin proud of that vote? That’s my first question. Mayor, are you proud of that vote, and if so, why?
The deciding vote Wednesday was cast by Sen. Arlen Specter (R-PA). Specter, the chair of the full Judiciary Committee, repeating remarks he made on the weekend said that while he opposes the amendment he believes it should receive a vote on the Senate floor.
Carrying signs that said "Fags Die, God Laughs" the group of about 25 denounced the university for its LGBT diversity program. The group has held a number of anti-gay protests at UI over the past few years but, the campus newspaper, The Indiana Daily Student, said this was the largest.What true Christian believes that God would laugh at the death of any of his children? What true Christian would even suggest such a thing?
The protest came less than a month after two teenagers stole and burned a similar Rainbow flag that had been hanging outside the store.
A witness saw the teens take the flag and took a picture of their license plate with a cell phone camera. Police later tracked the plate and arrested the pair. They have been charged with theft.
The teens told police they thought the flag was unpatriotic
(New Paltz, New York) A New York State appeals court has ruled that New Paltz mayor Jason West "exceeded his authority" and "undermined the principle of separation of powers" when he performed marriages for same-sex couples in the Hudson Valley hamlet last year.
West performed the weddings for 24 gay and lesbian couples in front of the village hall on Feb. 27, 2004 (story) even though state law does not allow same-sex couples to get marriage licenses.
West was charged with 24 counts of violating the state's domestic relations law. The charges were dismissed by a town court judge who said there were constitutional problems in banning same-sex marriages. (story)
But the county prosecutor appealed. West was barred from performing more weddings as the legal battled continued.
The Appellate Division of state Supreme Court in its ruling issued on Thursday said that the issue in the case is not whether the state's marriage laws are constitutional, but rather did West violate state law by performing the marriage ceremonies.
In his legal arguments West maintained that he acted legally, arguing that under the equality provisions of the state constitution he was obligated to allow same-sex couples to wed.
The court disagreed. "This case is about orderly government," the court's written ruling said. The judgment said that a public official has no right to disregard a law he feels is unconstitutional otherwise, it would mean "permitting a part-time local official to effectively amend the laws of this state with input from neither the Legislature nor the courts."
Writing for the five-judge panel, Justice John Lahtinen issued a stern rebuke.
"West robed himself with judicial powers and declared the marriage laws of this state unconstitutional. Having concluded that the Legislature violated the constitution, he then wrapped himself with that body's power and drafted his own set of documents for licensing marriages. In so doing, he clearly exceeded his role as a village mayor."
The court noted that the constitutionality of New York State's ban on same-sex marriage is already being argued in other courts.
Appeals in two cases involving same-sex marriage rights are under way in the state.
In one case, the American Civil Liberties Union is representing 12 same-sex couples, among them New York State Assemblyman Danny O'Donnell and his partner John Banta. (story) O'Donnell is the brother of Rosie O'Donnell.
The appeal involves an upstate ruling that upheld New York State's ban on same-sex marriage.
In the other case New York City Mayor Michael Bloomberg is appealing a February ruling by Judge Doris Ling-Cohan that said the state's ban on gay marriage is unconstitutional and that the New York city clerk may not deny a marriage license solely because a couple is of the same sex. (story)
It is expected that two cases eventually will be combined and heard by the New York's highest court, the Court of Appeals.
~~~~~The Human Rights Campaign said the withdrawal was an indication President Bush is afraid of losing his conservative base.
“Her withdrawal today demonstrates that the President is beholden to extremist groups rather than to the American people, said HRC President Joe Solmonese. --excerpt from article at 365gay.com
(London) Anti-gay preacher Fred Phelps says that gays are responsible for the hurricanes which have hit the South this year and for 9-11 and the terrorist attack in London.
He made the statements in a British television program broadcast Tuesday night. "The Sky Report" secretly filmed Phelps for a documentary on hate.
Fifty-two people died in this year's terrorist attacks on the London transit system.
"Oh I am so thankful that happened. My only regret is that they didn't kill about million of them. England deserves that kind of punishment, as does this country (America)," Phelps said in the broadcast.
"The Sky Report" included pictures, filmed undercover inside what the network said was "the church's fortified compound".
The program showed Phelps during a weekly service in which he denounced the Roman Catholic Church as the "biggest pedophile organization in the history of the world".
Phelps' organization, which calls itself the Westboro Baptist Church, has 150 members most of which are relatives of the outspoken pastor. The 'church' is not part of any organized denomination.
Phelps and his followers, who engage in anti-gay picketing around the country gained nationwide attention when it protested at the funeral of Matthew Shepard. Recently the group has targeted military funerals claiming that gays are responsible for the war in Iraq.
On Monday an Indiana state senator said he would propose legislation to prevent members of the Phelps' clan from demonstrating at military funerals. (story)
Members of the 'church' say they will take their anti-gay protests to Sweden later this year. In August, Phelps claimed that Sweden's King Carl Gustaf is gay.
Angry over a Swedish court ruling that a fundamentalist minister broke that country's hate speech law during a fiery speech against homosexuality, Phelps lashed out at the royal family. (story)
Calling Sweden "a land of sodomy, bestiality, and incest", he went on to say: "The King looks like an anal-copulator, & his grinning kids look slutty & gay."

(Indianapolis, Indiana) A proposed bill that would prohibit gays, lesbians and single people in Indiana from using medical science to assist them in having a child has been dropped by its legislative sponsor.
State Sen. Patricia Miller, R-Indianapolis, issued a one-sentence statement late Wednesday about her decision to drop the proposal.
"The issue has become more complex than anticipated and will be withdrawn from consideration by the Health Finance Commission," she said.
Miller said earlier this week that state law does not have regulations on assisted reproduction and should have similar requirements to adoption in Indiana. (story)
But Betty Cockrum, president and CEO of Planned Parenthood of Indiana called it government intrusion.
"It feels pretty chilling," Cockrum said.
Miller acknowledged when she proposed it that the legislation would be "enormously controversial."
Miller is chairwoman of the Health Finance Commission, a panel of lawmakers that was to vote Oct. 20 on whether to recommend the legislation to the full General Assembly.
The bill defined assisted reproduction as causing pregnancy by means other than sexual intercourse, including intrauterine insemination, donation of an egg, donation of an embryo, in vitro fertilization and transfer of an embryo, and sperm injection.
It then required "intended parents" to be married to each other and says an unmarried person may not be an intended parent.
A doctor could not begin an assisted reproduction technology procedure that may result in a child being born until the intended parents have received a certificate of satisfactory completion of an assessment required under the bill. The assessment is similar to what is required for infant adoption and would be conducted by a licensed child placing agency in Indiana.
The required information includes the fertility history of the parents, education and employment information, personality descriptions, verification of marital status, child care plans and criminal history checks. Description of the family lifestyle of the intended parents also is required, including participation in faith-based or church activities.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~So, let me see if I've got this straight. If I'm a married, heterosexual atheist, I would not be issued this certificate?
It's not just freedom OF religion, it's also freedom FROM religion, isn't it?
(Indianapolis, Indiana) Legislation has been introduced in the Indiana legislature that would prohibit gays, lesbians and single people in Indiana from using medical science to assist them in having a child.
The bill has the support of Senator Patricia Miller, the chair of the Health Finance Commission where the legislation is currently being considered.
Miller says that assisted pregnancy is totally unregulated. The bill would bar any doctor from assisting in a pregnancy through intrauterine insemination, donation of an egg, donation of an embryo, in vitro fertilization and transfer of an embryo, and sperm injection without making a number of "determinations" about the "suitability of the candidate.
Women seeking treatment would have to provide a certificate of satisfactory completion of an assessment required under the bill.
Among the determining factors is a requirement that the women be married to a person of the opposite sex. The assessment would contain a description of the family lifestyle and automatically exclude lesbians. Women would also have to provide proof that they have participated in faith-based or church activities.
A judge could not establish parentage of a child born through assisted reproduction without the assessment certificate and a separate certificate from the physician involved.
Courts would be prohibited from granting a petition to establish parentage if the parents have been convicted of crimes such as murder, reckless homicide neglect of a dependent felony battery, or have a drug conviction.
Planned Parenthood of Indiana president Betty Cockrum calls it chilling and government intrusion on a person's private life.
The Health Finance Commission will vote October 20th on whether to recommend the legislation to the full General Assembly.
Teacher accused of mocking boys as gay for talking
By BRAD SCHMIDT, The Times-Union
The Clay County school system allowed a teacher to remain in the classroom nearly a week after he was accused of disciplining two sixth-graders by instructing the boys to hold hands as he told classmates they were gay.
Larry Eger, who resigned Thursday, told the Swimming Pen Creek Elementary students to sit knee-to-knee in the front of the class after they were caught Sept. 23 mouthing words to each other, said Jackie Fuller, a mother of one of the boys.
She said Eger told the boys to hold hands but they refused, and then Eger announced to the rest of the class that they were gay.
"They said the other kids were laughing," Fuller said.
Eger, 63, did not return calls Friday left by The Florida Times-Union.
Superintendent David Owens said officials learned of the incident Sept. 23 and received Eger's two-week notice Monday. Owens said the school district has the power to remove teachers from a classroom but wouldn't say why Eger was allowed to continue.
"I'm not going to make any comments on that," Owens said.
He said the district is doing an internal investigation on the incident but refused to disclose Eger's resignation letter or any details about the incident.
Fuller said her son and his friend went to the school principal immediately after the incident and explained what happened.
"Nobody called us. Nobody told us anything," Fuller said. "We had to find out from our children when we got home. It still blows my mind."
Fuller said she went to the school Monday morning to complain and was told the district would handle the situation. Fuller said she and the other boy's family asked that the students be placed in other classrooms because Eger was still teaching.
By Thursday, Fuller said she hadn't heard back from the district.
"I was mad that he was still there," she said. "I just thought the school was running me around. You just don't treat children like that."
Eger joined the district Aug. 2 and signed a one-year contract for $44,925. He resigned from his position during his 97-day probationary period, district spokeswoman Darlene Mahla said.
Eger has a bachelor's degree in elementary education and has been teaching at schools in Florida, Georgia and Texas since 1970, according to his personnel record.
The incident was the latest controversy in the Clay school system.
In August, a senior at Fleming Island High School wore a racist T-shirt to school under his regular clothing. A black student who saw the undershirt hit the student. Both were disciplined, although the district would not disclose details.
Then on Sept. 15, the School Board approved an out-of-court agreement to revise the district's policy regarding "sexual orientation." Fleming Island High School graduate Kelli Davis had threatened to sue the school system when her senior portrait was removed from the yearbook because she wore a tuxedo instead of the girl's traditional drape.
Karen Doering, who represented Davis in her dispute with the district, said she was outraged when she heard about the latest incident and the response by school officials.
"I think it's absolutely outrageous and is a clear indication as to why it was so important that this particular school district add sexual discrimination to it's policy and training," she said. "Short of using an anti-gay epithet, that is one of the most flagrant anti-gay biases by a teacher that I have ever heard."
Owens said the school district does not foster bigoted views.
"When you're dealing with people, it's just not a perfect world," he said. "It's something that's occurred, and we're dealing with it."
Because you have shared with me your concerns regarding the nomination of Judge John Roberts to be Chief Justice of the United States, I am sending to you in its entirety my statement announcing my decision to vote against his confirmation. I hope that you will read the statement with the same care and thoughtfulness that I gave to this decision. My statement follows.
* * * * * * *
The nomination of Judge John Roberts to be Chief Justice of the United States is a matter of tremendous consequence for future generations of Americans. It requires thoughtful inquiry and debate, and I commend my colleagues on the Senate Judiciary Committee for their dedication to making sure that all questions were presented and that those outside of the Senate had the opportunity to make their voices heard. After serious and careful consideration of the Committee proceedings and Judge Roberts's writings, I believe I must vote against his confirmation. I do not believe that the Judge has presented his views with enough clarity and specificity for me to in good conscience cast a vote on his behalf.
The Constitution commands that the Senate provide meaningful advice and consent to the President on judicial nominations, and I have an obligation to my constituents to make sure that I cast my vote for Chief Justice of the United States for someone I am convinced will be steadfast in protecting fundamental women's rights, civil rights, privacy rights, and who will respect the appropriate separation of powers among the three branches. After the Judiciary Hearings, I believe the record on these matters has been left unclear. That uncertainly means as a matter of conscience, I cannot vote to confirm despite Judge Roberts's long history of public service.
In one memo, for example, Judge Roberts argued that Congress has the power to deny the Supreme Court the right to hear appeals from lower courts of constitutional claims involving flag burning, abortion, and other matters. He wrote that the United States would be far better off with fifty different interpretations on the right to choose than with what he called the "judicial excesses embodied in Roe v. Wade." The idea that the Supreme Court could be denied the right to rule on constitutional claims had been so long decided that even the most conservative of Judge Roberts's Justice Department colleagues strongly disagreed with him.
When questioned about his legal memoranda, Judge Roberts claimed they did not necessarily reflect his views and that he was merely making the best possible case for his clients or responding to a superior's request that he make a particular argument. But he did not clearly disavow the strong and clear views he expressed, but only shrouded them in further mystery. Was he just being an advocate for a client or was he using his position to advocate for positions he believed in? The record is unclear.
It is hard to believe he has no opinion on so many critical issues after years as a Justice Department and White House lawyer, appellate advocate and judge. His supporters remind us that Chief Justice Rehnquist supported the constitutionality of legal segregation before his elevation to the high court, but never sought to bring it back while serving the court system as its Chief Justice. But I would also remind them of Justice Thomas's assertion in his confirmation hearing that he had never even discussed Roe v. Wade, much less formed an opinion on it. Shortly after he ascended to the Court, Justice Thomas made it clear that he wanted to repeal Roe.
Adding to testimony that clouded more than clarified is that we in the Senate have been denied the full record of Judge Roberts's writings despite our repeated requests. Combined, these two events have left a question mark on what Judge Roberts's views are and how he might rule on critical questions of the day. It is telling that President Bush has said the Justices he most admires are the two most conservative justices, Justices Thomas and Scalia. It is not unreasonable to believe that the President has picked someone in Judge Roberts whom he believes holds a similarly conservative philosophy, and that voting as a bloc they could further limit the power of the Congress, expand the purview of the Executive, and overturn key rulings like Roe v. Wade.
Since I expect Judge Roberts to be confirmed, I hope that my concerns are unfounded and that he will be the kind of judge he said he would be during his confirmation hearing. If so, I will be the first to acknowledge it. However, because I think he is far more likely to vote the views he expressed in his legal writings, I cannot give my consent to his confirmation and will, therefore, vote against his confirmation. My desire to maintain the already fragile Supreme Court majority for civil rights, voting rights and women's rights outweigh the respect I have for Judge Roberts's intellect, character, and legal skills.
* * * * * *
Thank you for writing. For updates on this and other important issues being discussed before the United States Senate, please check my website at http://clinton.senate.gov.
Sincerely yours,
Hillary Rodham Clinton
"My son's doing fine. It's a private matter. We will support him. We're sad for him. But I'm not going to discuss it on the public square with 30 cameras," the governor told reporters.
"Mr. President, this job can't be fun for you any more. There's no more money to spend--you used up all of that. You can't start another war because you used up the army. And now, darn the luck, the rest of your term has become the Bush family nightmare: helping poor people. Listen to your Mom. The cupboard's bare, the credit cards maxed out. No one's speaking to you. Mission accomplished.
"Now it's time to do what you've always done best: lose interest and walk away. Like you did with your military service and the oil company and the baseball team. It's time. Time to move on and try the next fantasy job. How about cowboy or space man? Now I know what you're saying: there's so many other things that you as President could involve yourself in. Please don't. I know, I know. There's a lot left to do. There's a war with Venezuela. Eliminating the sales tax on yachts. Turning the space program over to the church. And Social Security to Fannie Mae. Giving embryos the vote.
"But, Sir, none of that is going to happen now. Why? Because you govern like Billy Joel drives. You've performed so poorly I'm surprised that you haven't given yourself a medal. You're a catastrophe that walks like a man. Herbert Hoover was a shitty president, but even he never conceded an entire city to rising water and snakes.
"On your watch, we've lost almost all of our allies, the surplus, four airliners, two trade centers, a piece of the Pentagon and the City of New Orleans. Maybe you're just not lucky. I'm not saying you don't love this country. I'm just wondering how much worse it could be if you were on the other side.
"So, yes, God does speak to you. What he is saying is: 'Take a hint.' "
(Santa Barbara, California) Scholars studying military personnel policy have discovered a document halting the discharge of gay soldiers in units that are about to be mobilized.
The document was made public Tuesday by Center for the Study of Sexual Minorities in the Military (CSSMM), a think tank at the University of California, Santa Barbara. It was found during research for a story for the ABC news program Nightline.
The regulation was contained in a 1999 "Reserve Component Unit Commander's Handbook" and is still in effect, according to the Center.
It states that if a discharge for homosexual conduct is requested "prior to the unit's receipt of alert notification, discharge isn't authorized. Member will enter AD [active duty] with the unit."
The document is significant because of longstanding Pentagon denials that the military requires gays to serve during wartime, only to fire them once peacetime returns. According to the "don't ask, don't tell" policy, gays and lesbians must be discharged whether or not the country is at war.
Gay soldiers and legal groups have reported for years that known gays are sent into combat, and then discharged when the conflicts end. Discharge statistics corroborate a pattern of rising expulsions during peacetime and plummeting rates during military conflicts, and Pentagon statistics confirm that, as has been the case in every war since World War II, gay discharges have declined during the current conflict in the Middle East.
But the Pentagon has consistently denied that, when mobilization requires bolstering troop strength, it sends gays to fight despite the existence of a gay ban, and some observers have insisted there is no evidence of such a practice. During the first Gulf War, Pentagon spokesman, Bill Caldwell, said the military would "absolutely not" send gays to war and discharge them when the conflict ends.
Shortly after the terrorist attacks of 9/11, a Pentagon spokesman said that the military was not modifying its regulations on gay troops. And a May, 2005 study by the Congressional Research Service says that although gay discharges do decline during wartime, the decrease is the result of .random fluctuations in the data," not an intentional Pentagon policy of retaining gays during wars".
Meanwhile, the Pentagon acknowledged Tuesday that it would again fail to meet its monthly recruiting goal and for the first time since 1999 would not meet its goal for the year.
In July, the the Williams Project at the UCLA School of Law issued a report showing that if the ban on gays serving openly were lifted the military would gain 41,000 troops.
Especially in the wake of Katrina, as some have concluded that a National Guard stretched thin by deployments abroad was limited in its ability to respond to a catastrophe here at home, the added strength of more than 40,000 recruits has the potential of making a significant difference," Steve Ralls, spokesperson for the Servicemembers Legal Defense Network told 365Gay.com.
"And, as we've seen Coast Guardsmen rescuing the trapped in New Orleans, it begs the question: Did those being rescued really care about the sexual orientation of those men and women who came to save them?
"Now - especially now - the Army needs every recruit it can find. Not only for war operations abroad, but for rescue missions here at home, too. If ever there was a wake-up call about the need for qualified people on the ground, it came last week in New Orleans."
(Portland, Maine) Pastors opposed to the state's gay rights law are being advised to tone down their condemnation of homosexuality and focus as much on love and support as on sin and scripture.
Haley and Melissa Fryrear from Focus on the Family have urged a meeting of about 200 leaders from Maine's evangelical community to stop quoting Leviticus, which refers to gay sex as an ''abomination," and to avoid sayings like, ''Love the sinner, hate the sin."
They encouraged "balance" in churches, communities, and public policy debates.
That balance could be key for Maine's Christian conservatives trying to win support for a November ballot question. They hope to overturn a state law that would outlaw discrimination based on sexual orientation.
A righteous or hateful tone could steer undecided voters away, while one of kindness and compassion could help win supporters, said Mark Brewer, a political science professor at the University of Maine.
''You have to avoid coming off in any way as hateful," Brewer said. ''If they can't do that, they won't succeed."
Gay rights advocates question how much love and support conservative Christians can muster while they condemn same-sex relationships as morally wrong.
Jesse Connolly of Maine Won't Discriminate, the campaign to add sexual orientation to the Maine Human Rights Act, questioned how much love and support exist in an effort by conservative Christians trying to stop a law that would ensure that people can keep their jobs, apartments, or lines of credit.
''If there was compassion in what they talk about, they would be on our side," Connolly said.
Christian conservatives in Maine have swayed voters on the antidiscrimination measure before. Mainers in 1998 sided with conservative religious groups and repealed a law that would have outlawed discrimination against gays. Two years later, lawmakers did not pass the measure, but asked voters to decide. Mainers rejected it in a close vote.
The most recent dispute over the antidiscrimination law started last spring. The Legislature enacted the law, but conservative Christians led a drive that gathered enough signatures to force a vote in November.
Colin Lemont of Calvary Bible Baptist Church in Whitefield said he hopes Focus on the Family's message will help to keep the campaign from becoming nasty and divisive. ''That really needs to become a key component through this whole debate and process," Lemont said
Weld says same-sex marriage "offends New Yorkers"
Former Massachusetts governor William Weld said Thursday that he doesn't want to be addressed as "Governor Weld" anymore—unless he wins New York's gubernatorial election next year. "I plan to run as 'Mister,' if I can make that stick, to emphasize that I've got to earn this," he said after his first meeting with state Republican Party officials vetting the candidates.
Weld said his closed-door session with state GOP chairman Stephen Minarik and several county chairs at a Rockland County hotel was "low-key." But Minarik and Erie County chairman Robert Davis were enthusiastic.
Half a dozen other potential candidates were interviewed, as were all the GOP candidates for U.S. Senate. Weld said the party chairs asked him about his positions on several issues and that his support for abortion rights is "not everybody's dish of tea." But he told them he also favors a ban on what anti-abortion activists call "partial-birth abortion," sees no need to reinstate the ban on assault weapons, and, although he supports "100% equality of rights," he would not favor same-sex marriage because the idea offends many New Yorkers.
The Republican nominee is expected to face Democratic state attorney general Eliot Spitzer, and in the last reported poll Spitzer led Weld 56% to 19%. (AP)
(Washington) Army Lieutenant Colonel Steve Loomis, who was discharged under 'don't ask, don't tell' in 1997 - just five days before he was to retire - will finally get his day in court.
The U.S. Federal Court of Claims will hear arguments on Sept. 7 in the case on Wednesday.
When Loomis was discharged he lost his Army pension, estimated by the Servicemembers Legal Defense Network at about a million dollars.
Loomis, an engineer war plans officer, was outed in the course of an arson investigation after someone set fire to his off-base home near Fort Hood, Texas.
The investigation into the fire was carried out by civilian fire department officials. A videotape discovered during the course of the investigation was the basis for his discharge.
Loomis' lawsuit alleges the investigation of his home and the seizure of the videotape was a violation of Fourth Amendment rights. The suit also charges the Army violated Loomis' right to a fair and impartial discharge hearing and that his discharge is rendered unconstitutional in light of the Supreme Court's historic decision in Lawrence v. Texas. In Lawrence, the high court found a fundamental right to privacy for lesbian and gay Americans, and struck down state sodomy laws prohibiting consensual, adult relationships.
David Sheldon, a private practice Washington, D.C.-based attorney representing Loomis, and a noted expert on military law, said that "LTC Loomis loss of retirement constitutes a gross miscarriage of justice."
Loomis received a Purple Heart, two Bronze Stars and an Air Medal for his service in Vietnam. He was awarded his fourth Meritorious Service Medal and was recognized for promotion to full Colonel on the evening his home was destroyed by arson.
"What makes the loss of a decorated war veteran like Steve Loomis even more senseless and tragic is the fact that he is but one of many who have lost careers because of 'Don't Ask, Don't Tell,'" said A.J. Rogue, president of American Veterans for Equal Rights, a national LGBT veterans group.
"In turn, our nation is suffering no less of a loss in vital manpower, simply because of sexual orientation. Lieutenant Colonel Loomis' case alone is proof that 'Don't Ask, Don't Tell' doesn't work. Our national security is suffering, not to mention the huge amount of money spent on recruiting and retraining individuals lost to the ban."
The Loomis lawsuit is one of three currently pending in federal court.
The U.S. District Court for the District of Massachusetts recently heard oral arguments in Cook v. Rumsfeld, a constitutional challenge to 'don't ask, don't tell' filed on behalf of twelve former service members by Servicemembers Legal Defense Network. (story)
The Federal District Court for the Central District of California is also expected to rule soon on a motion in a challenge brought by Log Cabin Republicans. (story)
"The military's continued enforcement of what we believe is an unconstitutional law has significant costs for our national interests," said C. Dixon Osburn, executive director of SLDN in a press statement.
"Qualified and talented men and women continue to be turned away from military service, at a time when our nation needs them most, for no reason other than simple discrimination. Our freedom is more secure when our military places qualification above sexual orientation."
Since 1993, more than 10,000 service members have been discharged under 'Don't Ask, Don't Tell,' according to Department of Defense figures. Since September 11, gay discharges have fallen more than 40 percent, continuing an historic trend of fewer discharges during times of conflict.