The path of reunification shines the light for gay rights in Germany.http://www.dw-world.de/dw/article/0,,6043518,00.html
Showing posts with label LGBT rights. Show all posts
Showing posts with label LGBT rights. Show all posts
Saturday, October 2, 2010
In Germany, Path of Reunification is one with Gay Rights
The path of reunification shines the light for gay rights in Germany.http://www.dw-world.de/dw/article/0,,6043518,00.html
Thursday, August 5, 2010
Monday, July 26, 2010
NJ Supreme Court Declines to hear same sex marriage cases
From NJ.COM :
In a split decision, the state Supreme Court has declined to hear a case from six same-sex couples seeking the right to marry, saying the case needs to wind its way through the lower courts first.
In a split decision, the state Supreme Court has declined to hear a case from six same-sex couples seeking the right to marry, saying the case needs to wind its way through the lower courts first.
“This matter cannot be decided without the development of an appropriate trial-like record,” wrote the three justices who voted to deny the couples' motion, adding "we reach no conclusion on the merits of the plaintiffs’ allegations regarding the constitutionality of the Civil Union Act.".
The couples filed the case in the aftermath of the failure of same-sex legislation in the state Senate, arguing that the state’s 2006 civil union law had failed to grant them the full rights and benefits of heterosexual married couples that the court mandated the Legislature provide them with four years ago. Since the Legislature failed to pass same-sex marriage, the couples wanted the court to intervene.
They will now have to file a new complaint in Superior Court, which will then have to climb the rungs to reach the state Supreme Court.
The decision was 3-3, with Chief Justice Stuart Rabner and Justices Roberto Rivera-Soto and Helen Hoens voting to deny the couples’ motion. Three justices dissented: Virginia Long, Jaynee LaVecchia and Barry Albin. It takes four votes to approve a motion, and the court has had a vacant seat since Gov. Chris Christie declined to renominate former Justice John Wallace, whose term expired in May.
The three dissenting justices wrote that the court should have heard oral arguments from the plaintiffs as well as opponents of same-sex marriage.
“At the very least, oral argument would have helped to guide us on the best procedural course for creating such a record,” they said."We are disappointed that three members of the court voted to deny the motion without oral argument and that plaintiffs must now begin anew... If the plaintiffs' allegations are true -- and we will not surmise whether they are or are not -- then the constitutional inequities shoudl be addressed without any unnecessary delay."
The dissenters said they hoped the case would make its way through the Superior Court with "deliberate speed."
The decision was split not along ideological lines, but among those who have and have not been granted tenure. The three justices who have to be reconfirmed voted to deny the motion, while the three who have received lifetime tenure until the age of 70 dissented.
Sunday, July 4, 2010
Kagan and Gay Marriage
Image via WikipediaELENA KAGAN uttered neither the word “gay” nor “marriage” in her opening statement at the Senate confirmation hearings on her nomination to the Supreme Court, but she addressed the issue nonetheless. No, she didn’t say how she will vote when gay marriage comes before the court, as it may soon. What she did say was this:
“The Supreme Court, of course, has the responsibility of ensuring that our government never oversteps its proper bounds or violates the rights of individuals. But the court must also recognize the limits on itself and respect the choices made by the American people.”
Ms. Kagan may not have had gay marriage in mind when she made that statement, but it could not be more relevant. She seems to be saying that protecting minority rights is the Supreme Court’s job description, but also that a civil rights claim doesn’t automatically trump majority preferences. This is something absolutists on both sides of the gay marriage debate don’t like to hear, but it has the virtue of being right.
While the Senate considers Ms. Kagan’s nomination, Judge Vaughn Walker of the United States District Court in San Francisco is deciding how to rule in a major lawsuit challenging Proposition 8, the 2008 ballot initiative that revoked and banned same-sex marriage in California (while leaving the state’s marriage-like domestic partner program intact). Judge Walker may declare that the United States Constitution gives gay couples the right to marry — a decision sure to start a political firestorm (possibly just in time to give the Democrats an additional headache in this year’s midterm elections). Whatever he decides is likely to be appealed, presumably up to the court that Ms. Kagan seems likely to join.
This case is not primarily about the merits of gay marriage. It is primarily about who gets to decide. The plaintiffs say marriage is a civil right, and when a civil right is assailed, the Supreme Court has no choice but to take command. If the Supreme Court doesn’t protect minority rights, it abdicates its job.
Proposition 8’s defenders retort that gay marriage is not a civil right, because it is not marriage, or not marriage as defined by most Californians. If the court does not defer to the voters’ wishes, it oversteps its bounds.
Friday, June 4, 2010
Tuesday, May 4, 2010
UK Christian Minister arrested for anti-gay speech in mall
Dale Mcalpine claims he was only conversing about Biblical Norms
Under a law meant to prosecute violent soccer fans for hooliganism, a United Kingdom Christian street preacher has been arrested for his anti-gay remarks to passers-by. Law enforcement reported that Dale Mcalpine was making ant-gay statements in a loud voice to passing shoppers in a shopping center.
Mcalpine stated he was handing out leaflets and engaging onlookers in conversation.
Fear that Christians are being persecuted for voicing Biblical truths
The British paper "The UK Daily Mail" reported on May 1 that Mcalpine has set up a stepladder near stores for the purposes of preaching, and had engaged a woman in a conversation regarding Biblical definitions of sin.
Homosexual behavior, he said, was merely included within that conversation about Biblical norms.
Mcalpine said it was not long before he notice two law enforcement officers watching him.
The policeman was Sam Adams, a GLBT community liaison officer who is gay himself, reported the Mail. Adams told Mcalpine that people had complained about the street preacher, and warned him against hate speech. "I told him I was not homophobic but sometimes I did say that the Bible says homosexuality is a crime against the Creator, but it was not against the law to say this," recounted Mcalpine, going on to say that Adams "then told me he was gay and he was the Lesbian, Gay, Bisexual, Transgender liaison officer for the police. I said, ’It is still a sin,’ and our conversation ended," said Mcalpine. "It wasn’t a loud or aggressive conversation."
Public Order Act of 1986 "does not apply"
Adams left the scene but was apprehended shortly by several additional officers and placed under arrest under the 1986 Public Order Act. He was held for 7 hours.
The law was originally designed so that soccer fans could not cause public mayhem.
Mcalpine says he does not believe the law pertains to his actions, and that the incident left him "shocked and humiliated". He asserted that he was only preaching the Gospel, which a free society would allow. He stated that there was no hate or slurring of homosexuals in his speech.
The incident is being broadly condemned by Christians.
The Christian Institute’s Mike Judge said that Mcalpine is "an ordinary, everyday Christian with traditional views about sexual ethics. Some people will agree with him, others will disagree. But it’s not for the police to arrest someone just because others may disagree with what is said." The Christian Institute is supporting Mcalpine’s legal needs, the article said.
Rob Logan, assistant manager at the cell phone store outside of which Mcalpine was preaching, told the press that Mcalpine has long handed out leaflets in front of the store. "He is not aggressive or threatening. He is gentle."
In recent years other UK residents have been detained, questioned, and/or arrested for voicing Christian beliefs or handing out flyers at Gay Pride events. A 67 year old woman wrote a letter expressing her displeasure with local gay Pride events, and had law enforcement officials visit her home, where she was questioned at length.
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