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A three judge panel of the US 9th Circuit Court of Appeals in San Francisco just decided (2-1) that Proposition 8, which bans same-sex marriage in California, violates the Equal Protection Clause of the US Constitution. The Court upheld Judge Vaughn Walker’s 2010 decision to strike down Proposition 8, with Judge Stephen Reinhardt writing, “Although the Constitution permits communities to enact most laws they believe to be desirable, it requires that there be at least a legitimate reason for the passage of a law that treats different people differently…Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gay men and lesbians in California.” The case, filed by ProtectMarriage, is expected to be appealed to the US Supreme Court.
The Ninth Circuit judges continued the stay on Judge Walker’s decision while the litigation continues. In other words, lesbian and gay couples will not be allowed to marry until litigation is finished.
FMF Executive Vice President and member of the Board of Equality California Kathy Spillar praising the decision said, “We are thrilled with today’s ruling upholding the right of same-sex couples to marry. As the trial showed, there truly is no substance to the arguments of those who would deny full equality to lesbians and gay men. Same-sex couples should be able to enjoy the same freedom as other Californians to marry the person they love.”
In August 2010, Federal District Judge Vaughn Walker overturned a 6 to 1 ruling by the California Supreme Court in May 2009 that upheld the measure. In 2008, Proposition 8 was passed by voters in an electoral referendum.
Rea Carey, executive director of the National Gay and Lesbian Task Force, exclaimed, “The court’s ruling affirms what millions of people all across the country already know – loving, committed same-sex couples and their families should be able to share in the celebration and responsibilities of marriage. People from every background and every circumstance get this; they understand because being able to marry the one you love and care for your family are shared values that strike at the very core of who we are as a people. Denying loving couples and their families something so fundamental is to deny our common humanity…This is a great day for them, for all Californians, and for all Americans.”
Eleanor Smeal, President of the Feminist Majority Foundation and a longtime advocate for lesbian and gay rights, asserted, “This is a long and winding road but marriage equality, which is winning the hearts and minds of the people, will ultimately prevail in the courts.”
LA Times 2/7/12; The Task Force 2/7/12; Huffington Post 2/7/12; NPR 2/7/12; New York Times 2/7/12
Hector Javier Tecum blogs about the role of women in Guatemalan politics for Americas Quarterly [es]. He argues that the inclusion of women in decision-making positions is still a challenge for the country.
Bloggings by boz reports that “Josefina Vázquez Mota, a member of Congress and President Calderon's former secretary of education and secretary of social development, won the PAN [National Action Party] primary yesterday and will be their candidate for president.” He goes on to explain why he thinks her victory is “the best case scenario for the PAN.”
David Bahati, a member of the Ugandan Parliament and one of the leaders of the Family or Fellowship of C Street fame (see Jeff Sharlet’s latest book on C Street), reintroduced an anti-gay bill today. Bahati first introduced the bill in 2009. It called for the death penalty in cases of “aggravated homosexuality,” for engaging in same sex relations with someone who is HIV positive, and life imprisonment for having sex with someone of the same sex.
The Anti-Homosexuality Bill went before the Legal and Parliamentary Affairs Committee in May but was dropped from the Parliament’s agenda following condemnation from the President, the Secretary of State, members of Congress, and human rights groups. Bahati has since indicated that he would be willing to drop the provision of the bill calling for the death penalty.
Homosexuality is illegal in most African countries with the exception of South Africa, which recognizes gay marriage, but even there, anti-gay practices such as “corrective rapes” of lesbians, are commonplace.
The Daily Star 2/7/12; Associated Press 2/7/12; Feminist Daily Newswire 5/13/11
The Health and Human Services Committee of the South Dakota state House voted against a bill that would have banned crisis pregnancy centers (CPCs) from engaging in false advertising. The law would have prevented CPCs from falsely advertising that they provide abortion services. Lawmakers argued that the law was unnecessary since the state already has laws banning false advertising.
Alisha Sedor of NARAL Pro-Choice South Dakota stated that CPCs “should not be allowed to advertise services that they do not provide.”
Currently, there are an estimated 3,500 CPCs nationwide, most of which are affiliated with one or more national umbrella organizations. CPCs often pose as comprehensive health centers and offer “free” pregnancy tests. Some CPCs coerce and intimidate women out of considering abortion as an option, and do not offer women neutral or comprehensive medical advice. Often CPCs are run by anti-abortion zealots who are not licensed medical professionals.
National Partnership for Women and Families 2/6/12; Feminist Daily Newswire 10/21/12