Nel's New Day

June 26, 2013

SCOTUS Awards LGBT Rights; Davis Fights for Women’s Rights

Forty years ago, homosexuals were mentally ill. Ten years ago gays and lesbians were criminals. Today LGBT people can legally marry the people they love. Yesterday was the day that my partner and I celebrate as our anniversary because marriage equality is illegal in Oregon. It was our 44th anniversary. Without the same Social Security benefits that legally married people receive, my partner has lost well over $100,000. We don’t know how much we have lost in other benefits because of the discrimination against same-sex couples.

The Stonewall riots, hailed as the dawning of the gay rights movement, started in New York’s Greenwich Village on June 29, 1963, also 44 years ago. But today is a new day because the U.S. Supreme Court overturned the 1996 federal statute defining marriage as between one woman and one man.

Listening to the U.S. Supreme Court as they dribbled out their rulings for the past session was exactly like riding a rollercoaster: yesterday, they destroyed the voting rights of almost half the people in the country, and today they gave federal rights to all married same-sex couples. They also refused to allow standing of those protesting marriage equality in California so that same-sex couples there might have the right to marry. If that is true, one-third of people in the U.S. will live in a jurisdiction that has legalized marriage equality.

In its traditional 5-4 vote, SCOTUS ruled that, for federal purposes, marriage as defined as being between one man and one woman is unconstitutional. This ruling was in response to a case about Edie Windsor, who was charged federal estate taxes after Thea Spyer, her partner of 44 years, died. Yet they let stand Section 2 of DOMA permitting each state its own definition of marriage. Justice Anthony Kennedy wrote the 26-page opinion, and dissenters Chief Justice John Roberts and Justices Samuel Alito and Antonin Scalia, mostly joined by Clarence Thomas, wrote another 47 pages.

Kennedy wrote that DOMA “violates basic due process and equal protection principles applicable to the federal government” and intrudes on the states’ traditional role in defining marriage. His opinion also stated that the law “instructs all federal officials, and indeed all persons with whom same-sex couples interact, including their own children, that their marriage is less worthy than the marriages of others.”

Confusion will undoubtedly reign after the ruling because Kennedy also wrote, “This opinion and its holding are confined to those lawful marriages,” possibly just those authorized by the state of New York. Yet he also said, “The federal statute [DOMA] is invalid.” This is a very broad ruling, which is why Scalia, in particular, was apoplectic.

Roberts, Scalia, and Thomas opined that the court should not have taken the case because the House of Representatives had no right to appeal lower court decisions after President Obama stopped defending DOMA. Justice Samuel Alito disagreed, saying Congress did have that power. Whether or not it had any right to appeal, the House spent $2.3 of taxpayers’ money to support DOMA in the courts.

The majority did rule on the lack of standing in the case about California’s Prop. 8, stating that the private proponents of the measure, many of them living outside California, lacked the legal right to defend the proposition in federal courts. Supposedly, this ruling from SCOTUS did not change the district judge’s ruling that Prop 8 is unconstitutional. The 9th Circuit Court of Appeals also declared Prop 8 unconstitutional. Dissenters in SCOTUS on the Prop 8 case were an odd mix: liberal Justice Sonia Sotomayor joined Kennedy, Thomas, and Alito in disagreeing with the majority that included the ultra-conservative Scalia.

Although there may be more litigation regarding Prop 8, the governor told clerks that they would start issuing marriage licenses after the 9th Circuit Court takes care of its paperwork by lifting a year-long order that stopped the ban from going into effect until the Supreme Court reviewed the case. There might be a question about whether District Court Judge Vaughn Walker had the right to overturn Prop 8 for the entire state or for just his jurisdiction. The only definite conclusion is that the two couples in the Prop 8 case before SCOTUS will receive marriage licenses from the Clerks of Alameda and Los Angeles Counties.

How people would vote today in California, no one knows, polls show a movement toward majority acceptance of marriage equality; many people voted in favor of Prop 8 because of the lies from supporters about effects of marriage equality; and the Mormon Church, that paid as much as 70 percent of the campaign funds to support Prop 8, may not be as generous another time around.

With California now considered to accept marriage equality, 13 states and a few other jurisdictions, including Washington, D.C. and Native American reservations, have legalized same-sex marriage. This is one of the best maps describing the different same-sex couple laws across the U.S.

The hope is that same-sex couples may now start having rights in the military and in immigration that were prevented before this ruling. As Kennedy said in his ruling, “Under DOMA, same-sex married couples have their lives burdened, by reason of government decree, in visible and public ways…from the mundane to the profound. He mentioned healthcare, tax preparation, Social Security, and other benefits—even a person’s child can legally be kidnapped by an unmarried spouse.

A New York City immigration judge immediately stopped the deportation proceedings of Steven, a Colombian man legally married to Sean Brooks. The Center for American Progress has 14 fact sheets showing federal benefits that legally married same-sex couples will now have.

One expects crackpot responses to SCOTUS, but Sen. Rand Paul (R-KY) may have achieved the strangest one in a performance on the Glenn Beck when the presidential wannabe asked of marriage, “Does it have to be humans?” (I’ll have another batch of crazy comments in my upcoming Sunday “religion” blog.)

The DOMA and Prop 8 rulings overshadowed a mind-blowing event in Texas. State Sen. Wendy Davis (D-TX) filibustered an unbelievable vicious, evil woman-hating anti-abortion in the state’s Senate. The bill stops abortions at 20 weeks as well as closes 37 clinics, leaving only five clinics that provide abortions throughout a state that is 773 miles wide and 790 miles long. Some of the 26 million people would have to drive 600 miles in order to have the opportunity to comply with a federal law.

The term “filibuster” has gained a benign connotation because of the U.S. Senate rules that allows one senator to call from his comfortable couch to say “I filibuster” and then return to the sports channel. Filibuster in this case means that Davis stood–with no support, no leaning, no bathroom breaks, no food, no liquid, no nothing—for almost 12 hours and talked about the bill and nothing else. She even got one violation for talking about sonograms although that’s part of the anti-abortion game in Texas.

Davis had to last until midnight to keep the chamber from voting before the deadline of the special session. Her third “violation,” another being when a colleague touched her when fascinating her a back brace, came before midnight, but hundreds of protesters disrupted the vote, shouting “Let her speak,” so that the vote could not be started until after the deadline.

At this time, events become even more bizarre. The vote on the bill wasn’t finished until a few minutes after midnight. In their eagerness to terrorize women, however, Republican senators changed the time stamp to before midnight, thinking that this would pass the bill.

After images of both the before and after images of the stamp change were posted on the Texas Tribune’s live blog showing the accurate time stamp of 12:02 am, the Senate went into a closed-door caucus. At 3:00 am, they said that the bill did not pass because Lt. Gov. David Dewhurst didn’t have time to sign it before midnight. Nothing about changing the time stamp.

In an ironic twist, Davis could be redistricted from her Fort Worth area after SCOTUS ruled yesterday that Texas can do gerrymandering districts. The state failed earlier because of the now-overturned Voting Rights Act.

More than 150,000 people watched the livestreamed session. Even President Obama tweeted his support for Davis. Gov. Rick Perry has declared a 30-day special session starting on July 1 to “address” the anti-abortion bill because the legislature needs to maintain “decency.” Nothing about the “decency” of illegally changing the timestamp for the vote.

It’s the GOP strategy: vote; if it fails, cheat; if that fails, hold another vote. The House has done it 37 times on Obamacare.

3 Comments »

  1. We need 1,000 more Wendy’s!

    Like

    Comment by Lee Lynch — June 27, 2013 @ 9:57 AM | Reply

  2. Congratulations Nel & Sue on 44 years ago, much longer than many (most) heterosexual couples are together. I want to be invited to your wedding when marriage equality becomes a reality in Oregon next year! Happy Anniversary! A big hug to you both. Nancy

    On Wed, Jun 26, 2013 at 7:46 PM, Nel’s New Day

    Like

    Comment by Central Oregon Coast NOW — June 26, 2013 @ 9:11 PM | Reply

  3. Reblogged this on Joanne Tosti-Vasey Blogging for Equality and commented:
    A great summary of what’s happened in Texas and Washington, DC today. Like my blog on Senator Wendy Davis this morning, Nel’s New Day highlights the two successes within 24 hours – one for women and one of all loving, committed same-sex couples who have had their relationships legally recognized as marriage in now 13 states as well as several countries around the world (since the US Government recognizes marriages that are conducted as a legal marriage in a different country). This has been a day of celebration. THANKS to everyone who made this happen.

    Like

    Comment by civilrightsactivist — June 26, 2013 @ 8:42 PM | Reply


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