by Roy Appleton | Dallas Morning News
A state appeals court in Dallas has rejected a lower court’s decision that two gay men who married in Massachusetts had the right to divorce in Texas.
Twenty-five years ago, I was 25 years old and just starting law school at the University of Utah. I was parenting my daughter Emily, who was 4 years old with her mom, and my former partner, Lori. While it was uncommon for LGBT friends in our circle to be planning for parenthood, it did not occur to Lori or me that we were at the forefront of what would be termed the “gayby boom.”
Lori had been a single parent raising the then 1-year-old Emily when we met. We were just living our lives unaware of a sea-change that was just beginning when it came to issues of parenting and our community. While we were living that life, Academy Award-winning filmmaker Deborah “Chas” Chasnoff and her then life and work partner, Kim Klausner, were in the midst of writing, producing, and directing their groundbreaking film documenting this burgeoning movement. Choosing Children captured on celluloid the choice a growing number of lesbians and gay men were making, a choice that seemed both counter-intuitive and revolutionary: to become parents.
Up until this generation, most LGBT folks were parents because they had been in earlier heterosexual marriages or relationships and then divorced and come out, or vice-versa. In doing so many of them faced hostility from family and former spouses and countless numbers lost or gave up any hope for custody of their children.
Beginning in the early 1980s, a new kind of parenting began emerging. Led by lesbians, often in biological partnership with gay men, women began choosing to have children as lesbian-identified parents. Now, 25 short years later, the groundbreaking idea that lesbians, gay men, bisexuals, and transgender folks can also be parents seems, well, not so groundbreaking. In fact, it is now so commonplace that doing so is viewed by some in our community as assimilationist and pedestrian. Gotta love the march of progress.
But of course, what the fight for the right to be both LGBT and a parent is really about is the right to live a fulfilled and authentic life according to what gives joy and satisfaction to each of us. And in 1985 becoming a parent often meant rejection from both one’s family of origin and one’s chosen family in the lesbian or gay community. It also meant maintaining a pretense of heterosexuality or absolute legal vulnerability because almost every state prohibited openly lesbian, gay, bisexual, and transgender people from adopting, and few if any states provided any parental protections. It was a time of very little community or institutional support for you as a parent or for your child as the son or daughter of a queer parent.
Emily will be 30 next year. She is smart, lovely, creative, open-hearted, and generous. I can hardly believe I have a daughter who is near 30 years old. But then I also can hardly believe the progress we have made in the short time my oldest has been alive. Seeing Choosing Children again was inspiring for many reasons but most of all, it made me really stop and appreciate how far we have come and how much we owe those who blazed this trail uncertain of the terrain ahead of them. Filmmakers Chas and Kim, the parents featured in the film, our own founder Donna Hitchens—who provided legal expertise and commentary—did not intend to be pioneers, but they were, and we are all much better off because of the choices they made.
So please join us for the upcoming Choosing Children 25th Anniversary Screening and Reception, a film that is now a crucial and transformative story of our movement. Our evening together promises to be a celebration of how far we have come and a promise to not end our quest until every family is valued and safe.
Choosing Children 25th Anniversary Screening and Reception
What: Choosing Children 25th anniversary celebration to raise funds to permanently preserve this historical film on DVD
When: 6:30 p.m. on Sept. 14, 2010 (Program begins at 7 p.m.)
Where: Herbst Theater, 401 Van Ness, San Francisco, CA
Cost: $25 (regular admission); $10 (student admission)
Updated August 24, 2010
On August 4, 2010, U.S. District Court Judge Vaughn Walker issued a decision in the case of Perry v. Schwarzenegger concluding that Proposition 8, the California constitutional amendment barring same-sex couples from marrying, violates the United States Constitution. Judge Walker wrote a 136-page decision that analyzed all the evidence submitted in the three-week trial. He ruled that Prop 8 violates the federal constitutional guarantees of due process and equal protection. The group that put Prop 8 on the ballot, known as the Prop 8 “proponents,” has appealed that decision to the Ninth Circuit Court of Appeals.
1. My partner and I want to get married in California. Now that Judge Walker has ruled that Prop 8 is unconstitutional, when/where/how can we do that?
Same-sex couples in California cannot yet marry because the Ninth Circuit Court of Appeals “stayed” Judge Walker’s ruling while the appeal is pending. That means that same-sex couples will not be able to get married in California until the appeals court has finished reviewing the case.
Same-sex couples can currently get married in five states in the U.S.: Connecticut, Massachusetts, Iowa, New Hampshire, and Vermont, as well as Washington, D.C. A number of other countries also allow same-sex couples to marry, including Canada.
Same-sex couples in California can also register as domestic partners, a status that provides most of the legal rights and responsibilities of marriage under state law.
2. How long will the appeal take?
The Ninth Circuit has put the appeal on a fast track. All the briefs from the parties have to be submitted by November 1, 2010, and a panel of three judges will hear oral argument the week of December 6, 2010. The Ninth Circuit is not required to issue its decision within any particular time frame after oral argument, but when an appeal is expedited, the court tends to issue decisions more quickly. It will probably issue a decision within a few weeks or months after the oral argument in December.
Once the Ninth Circuit rules, the losing side can ask the United States Supreme Court to hear the case. The Supreme Court can choose whether to take the case or to let the Ninth Circuit’s decision stand.
If the Supreme Court takes the case, it could take anywhere from a few months to a year to issue a decision. If the Supreme Court were to get the case sometime in 2011, the soonest we could expect a decision would probably be the spring of 2012.
3. Why is the appeal being heard by a three-judge panel at the Ninth Circuit? Will the whole Ninth Circuit ever hear the case?
It is typical for appeals to the Ninth Circuit to be heard by three-judge panels. That is the normal process. The three judges are randomly selected in each case.
After the three-judge panel rules, the losing party can request that a bigger panel of 11 judges review that decision. That is called “rehearing en banc.” All the active judges on the Ninth Circuit would then vote on that request, and rehearing en banc would only be granted if a majority of the Ninth Circuit judges approve it.
4. I’ve heard that there is a question about whether the Prop 8 proponents have “standing” to appeal Judge Walker’s decision. What does that mean and when will that question be decided?
“Standing” means whether a particular person or group has a legal right to appeal a court ruling. As a general rule, in order to have standing to appeal a decision, you must be able to show that you are harmed by it. In the Prop 8 case, Judge Walker said that the Prop 8 proponents may not have standing to appeal because they were not able to show that they would be personally harmed in any way if same-sex couples are permitted to marry.
In its order to the parties setting the briefing schedule, the Ninth Circuit ordered them to address in their briefs the issue of whether the Prop 8 proponents have standing as well as the main question of whether Prop 8 is unconstitutional. So the judges will probably ask them about both of those issues in the argument scheduled for the week of December 6. It’s unlikely that the question of standing will be decided separately anytime before that.
5. If the Ninth Circuit decides that the Prop 8 supporters don’t have standing to bring an appeal, would they be able to appeal that ruling to the Supreme Court? Or does the case stop there?
If the Ninth Circuit rules that the Prop 8 proponents don’t have standing to bring an appeal, the proponents could ask the Supreme Court to review that decision. The Supreme Court could choose to hear that appeal or to let the Ninth Circuit’s decision stand.
6. I live in a state other than California. Does Judge Walker’s decision mean that same-sex couples can now get married in every state? If not, would that be the result of a decision from the Ninth Circuit, or the Supreme Court?
Judge Walker’s decision is just about California, but other courts could apply his language and logic to other discriminatory marriage laws across the country.
The Ninth Circuit Court of Appeals has jurisdiction over all the states in the Ninth Circuit, which include Alaska, Washington, Montana, Oregon, Idaho, Nevada, Arizona, and Hawaii. If the Ninth Circuit decides that Prop 8 violates the federal constitution, it could issue a broad ruling that that applies to all of the states in the Ninth Circuit or it could issue a narrower ruling that only applies to California.
Similarly, if the Supreme Court decides that Prop 8 violates the federal constitution, it could strike down all state marriage bans across the country or it could focus only on Prop 8.
7. If Prop 8 is eventually struck down for good by the Ninth Circuit or the Supreme Court, and a same-sex couple gets married in California, will that marriage be recognized in other states or by the federal government?
A victory in the Prop 8 case will not automatically require other states or the federal government to recognize the marriages of same-sex couples who marry in California. Right now, at least seven states and the District of Columbia recognize marriages between same-sex couples. Those states include the five states that permit same-sex couples to marry: Connecticut, Massachusetts, Iowa, New Hampshire, and Vermont, as well as Washington, D.C. In addition, New York and Maryland do not permit same-sex couples to marry within their borders, but they recognize marriages from other places. Unfortunately, many other states deny recognition to marriages between same-sex couples.
The federal government currently doesn’t recognize any marriages between same-sex couples due to the discriminatory Defense of Marriage Act (DOMA). A legal challenge to DOMA, brought by Gay & Lesbian Advocates & Defenders, is underway in Massachusetts, where a federal district court ruled in July 2010 that the part of DOMA prohibiting the federal government from recognizing valid marriages of same-sex couples is unconstitutional. That decision has been stayed (i.e., put on hold) pending an appeal to the First Circuit Court of Appeals.
8. If the Ninth Circuit or the Supreme Court ultimately rules that Prop 8 is constitutional, what will that mean for the fight for marriage equality in California? Will it be over for good?
The fight for marriage equality in California will still go on, even if Judge Walker’s decision is overturned on appeal. Prop 8 can always be repealed by another ballot initiative and in fact, efforts in support of a repeal measure are currently underway. Contact Equality California to find out how you can get involved: www.eqca.org.
9. What will be the effect on other states if the Supreme Court rules that Prop 8 is constitutional? Will that mean that same-sex couples can no longer marry in states like Massachusetts?
Prop 8 is blatantly unconstitutional, and the United States Supreme Court should affirm Judge Walker’s decision striking it down. But even if the Supreme Court reverses Judge Walker’s decision and says that Prop 8 is valid, that would not take away equal marriage rights for same-sex couples in any states where it’s currently legal. State courts would still be free to strike down marriage bans under their state constitutions, just like the state supreme courts in Massachusetts, Connecticut, and Iowa have already done. And state legislatures (and Congress) would still be free to repeal marriage bans.
10. My partner and I are registered as domestic partners with the state of California, but we want to get married as soon as it’s allowed. Will we need to dissolve our domestic partnership in order to marry?
You do not need to dissolve your domestic partnership in order to marry your domestic partner. Under California law, an individual can be married and in a registered domestic partnership at the same time, as long as it’s with the same person. As a practical matter, it is a good idea to do both to get the maximum legal protection.
11. We got married in California between June 16, 2008 and November 5, 2008. Is our marriage still recognized in California?
Yes. In 2009, in the case of Strauss v. Horton, the California Supreme Court held that it would be unconstitutional to take away the marriages of same-sex couples who married in California before Prop 8 passed. If you married in California during that period, your marriage is completely valid and entitled to full recognition and respect.
12. If my partner and I got married in another state or country before Prop 8 passed, does California recognize our marriage? Should we remarry in California when we can?
California fully recognizes the marriages of same-sex couples who married outside of California before Prop 8 passed (Nov. 5, 2008). If you married in another state or country before Nov. 5, 2008, you are entitled to full recognition as married under California law. There is no need to remarry in California.
For more details about the current rights of same-sex couples who get married outside of California, please see http://www.nclrights.org/SB54FAQ
13. If my partner and I got married in another state or country after Prop 8 passed, will California recognize our marriage? Should we remarry in California when we can?
Same-sex couples who marry outside California after November 5th, 2008 currently have all of the rights, benefits, and responsibilities of marriage under California law except for the name “marriage.” That means the state of California will treat you as married, but it cannot officially recognize your marriage as a marriage.
If Judge Walker’s decision is upheld on appeal, same-sex couples who are already married will not need to remarry in California. Marriages between same-sex couples from other states or countries will be recognized as valid marriages in California, no matter when the couple got married.
For more details about the current rights of same-sex couples who get married outside of California, please see http://www.nclrights.org/SB54FAQ
14. How can we help in the fight to win marriage equality in every state?
The only way we can ultimately win marriage equality across the entire country is to build public support for full inclusion and acceptance of our relationships and families. That will give legislators and courts the confidence they need to do the right thing and repeal or strike down discriminatory marriage laws. Polls show that around half of the public supports marriage equality, but we need to make that number higher. All of us can help make that happen by talking to everyone we know about why marriage equality is important to us.
To find out other ways you can get involved with the marriage equality fight in your state, contact your local LGBT-rights organization. You can find a listing of the statewide groups at http://www.equalityfederation.org/template.aspx?id=502. For information about how to get involved in California, contact Equality California at http://www.eqca.org.
For more information about your legal rights and how to protect your family, you can contact NCLR’s helpline anytime at http://www.nclrights.org/gethelp or call 415.392.6257 or toll-free 1.800.528.6257.
by Christine Stansell | New York Times
In 1923 Delaware ratified [the 19th Amendment] belatedly to join the rest of the country, but the Southern states waited decades: Maryland in 1941, Virginia in 1952, Alabama in 1953. Florida, Georgia, Louisiana, North Carolina and South Carolina came along from 1969 to 1971, years after the Voting Rights Act of 1965 had passed. Mississippi brought up the rear, not condoning the right of women to vote until 1984.
A cadet’s resignation has turned a spotlight on the academy’s gay culture and revived campus debate on “don’t ask, don’t tell.”