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Takano calls on Obama to speak out on Prop 8

Deadline to file brief is Thursday

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Mark Takano, United States House, California, gay news, Washington Blade
Mark Takano, United States House, California, gay news, Washington Blade

Rep. Mark Takano (D-Calif.) is calling on President Obama to participate in the Prop 8 case (Washington Blade photo by Michael Key)

A freshman openly gay member of Congress from California is calling on President Obama to participate in litigation challenging Proposition 8 before the Supreme Court as the administration has done in the DOMA case.

In a letter dated Feb. 26, Rep. Mark Takano (D-Calif.) asks President Obama to instruct his Justice Department to argue Prop 8 is unconstitutional on the basis it should be subjected to heightened scrutiny — or a greater assumption it’s unconstitutional — just as it did in a brief filed last week in the case against the Defense of Marriage Act.

“I strongly and respectfully ask that the United States provide an amicus brief to the Supreme Court in Perry to explain how heightened scrutiny, the standard that the United States urges be applied to the so-called Defense of Marriage Act, applies to Proposition 8,” Takano writes. “A brief by the United States will assist the Supreme Court to see that Proposition 8 fails heightened scrutiny and does not further any proper governmental objectives.”

Takano explains in his letter that Prop 8, a ballot initiative that was approved by California voters in 2008, affects couples in his state and district who are unable to marry because of the amendment.

“My district includes thousands of loving gay and lesbian couples, who are not able to marry due to Proposition 8,” Takano writes. “They are our families, our friends and neighbors. They are doctors, veterans, teachers, gardeners, firefighters and police officers. They are Americans. Every day that they cannot enjoy the same rights and obligations enjoyed by other Americans, they and their families suffer.”

The White House has repeatedly declined comment on whether it’ll participate in the Prop 8 lawsuit before the Supreme Court, although President Obama has said Solicitor Donald Verrilli is “looking” at filing a brief. In response to the Takano letter, a White House spokesperson deferred comment to the Justice Department, which didn’t immediately respond to a request to comment.

Other LGBT advocates have been calling on President Obama to participate in the Prop 8 case, known as Hollingsworth v. Perry, by filing a friend-of-the-court brief. The deadline for them to file a friend-of-the-court brief is Thursday.

Herndon Graddick, president of the Gay & Lesbian Alliance Against Defamation, or GLAAD, announced on Monday that his organization shares the desire for Obama to participate in the Prop 8 case.

“President Obama has already weighed in on DOMA, but as he himself said in his inaugural address: ‘Our journey is not complete until our gay brothers and sisters are treated like anyone else under the law — for if we are truly created equal, then surely the love we commit to one another must be equal as well,'” Graddick said. “With less than four days left to act, it is time for the administration to make its views known directly to the U.S. Supreme Court by filing a friend of the court brief in the Proposition 8 case as well.”

Takano’s letter comes on the same day as The New York Times reported that more than 75 prominent Republicans have signed their own friend-of-court brief asking the Supreme Court to strike down Proposition 8.

Among the signers of that brief is Ken Mehlman, the gay former chair of the Republican National Committee, who is credited with organizing the brief. Another signature is from Hewlett-Packard CEO and former California gubernatorial candidate Meg Whitman, who campaigned in support of Prop 8.

Two Republican members of Congress who have sponsored legislation to repeal the Defense of Marriage Act — Reps. Ileana Ros-Lehtinen (R-Fla.) and Richard Hanna (R-N.Y.) — are also among the signers. They are the only two Republicans currently holding federal office who signed the brief.

Other signers are former Utah governor and 2012 Republican presidential candidate Jon Huntsman, who publicly came out in favor of marriage equality last week, as well as GOP strategist Steve Schmidt, who helped with John McCain’s 2008 presidential campaign and came out in support of marriage equality in a 2009 interview with the Washington Blade.

Evan Wolfson, president of Freedom to Marry, said the brief as reported by the New York Times reflects the growing support for marriage equality — even within the Republican Party.

“A who’s who of the Republican Party has come before the Supreme Court to affirm that support for the freedom to marry is a mainstream position that reflects American values of freedom, family, and fairness, as well as conservative values of limited government and personal responsibility,” Wolfson said. “As opposition to the freedom to marry becomes increasingly isolated and the exclusion from marriage increasingly indefensible, Americans all across the political spectrum are saying it’s time to end marriage discrimination, do right by families, and get our country on the right side of history.”

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2 Comments

2 Comments

  1. Geoffrey Kim

    February 27, 2013 at 12:42 pm

    Is U.S. Constitution a vehicle to use whenever a bill that you do not like passes, even when People of the U.S. placed it on the ballot, voted and passes? I hope sll those claiming equal rights for gay and lesbians should read up on the Bible and our constitution, that includes slef-claimed Constitution Law Professor Mr. Obama.

  2. brian

    February 27, 2013 at 4:18 pm

    Other LGBT advocates have been calling on President Obama to participate in the Prop 8 case, known as Hollingsworth v. Perry, by filing a friend-of-the-court brief. The deadline for them to file a friend-of-the-court brief is Thursday.
    **********
    Boies and Olson have asked the Obama Administration to weigh in on their side with SCOTUS, too. It is inconceivable to me that the president would not do this.

    Imagine if a landmark decision finding a constitutional right to marriage equality for the entire country fails by the vote of just ONE Justice, and Obama has not filed a brief in favor– the president will be rightfully blamed by many for a very long time for failing to make a difference at the hour of maximum need.

    All else that Obama has done would pale by historic comparison to his failure to act when he could have reasonably made THE most important difference in the lives of gay people.

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National

In a historic first, Colorado now has a 1st gentleman as Gov. Polis marries

The governor and his now husband decided to hold their nuptials on the 18th anniversary of their first date

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Governor Jared Polis and 1st Gentleman Marlon Reis exchange vows (Screenshot via CBS News Denver)

DENVER – Colorado’s Democratic Governor Jared Polis married his longtime partner Marlon Reis in a ceremony that marked the first same-sex marriage of a sitting Out governor in the United States.

The couple was married Wednesday in a small traditional Jewish ceremony at the University of Colorado at Boulder, where Reis had matriculated and graduated from. The governor and his now husband decided to hold their nuptials on the 18th anniversary of their first date.

“We met online and went out on a date and we went to the Boulder bookstore and then went to dinner,” Polis told KCFR-FM, Colorado Public Radio (CPR).

In addition to family and close friends in attendance, the couple’s two children participated with their 7-year-old daughter serving as the flower girl and their 9-year-old son as the ring bearer.

The governor joked that their daughter was probably more thrilled than anyone about the wedding. “She was all in on being a flower girl. She’s been prancing around. She got a great dress. She’s terrific,” he said CPR reported.

Their son was also happy, but more ambivalent about it all according to Reis. “Kids are so modern that their responses to things are sometimes funny. Our son honestly asked us, ‘Why do people get married?”

Colorado’s chief executive, sworn in as the 43rd governor of Colorado in January 2019, over the course of nearly 20 years as a political activist and following in public service as an elected official has had several ‘firsts’ to his credit.

In 2008 Polis is one of the few people to be openly Out when first elected to the U.S. House of Representatives as well as being the first gay parent to serve in the Congress. Then on November 6, 2018, he was the first openly gay governor elected in Colorado and in the United States.

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Gov. Jared Polis And First Gentleman Marlon Reis Are Newlyweds

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U.S. Catholic theologians call for LGBTQ nondiscrimination protections

Joint statement says church teachings support equality

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More than 750 of the nation’s leading Catholic theologians, church leaders, scholars, educators, and writers released a joint statement on Sept. 14 expressing strong support for nondiscrimination protections for LGBTQ people.

The six-page theological statement, “A Home for All: A Catholic Call for LGBTQ Non-Discrimination,” was scheduled to be published along with the names of its 759 signatories as a four-page advertisement on Sept. 17 in the National Catholic Reporter, a newspaper widely read by Catholic clergy and laypeople.

The statement was initiated by New Ways Ministry, a Mount Rainier, Md., based Catholic group that advocates for equality for LGBTQ people within the church and society at large.

“As Catholic theologians, scholars, church leaders, writers, and ministers, we affirm that Catholic teaching presents a positive case for ending discrimination against LGBTQ people,” the statement says. “We affirm the Second Vatican Council’s demand that ‘any kind of social or cultural discrimination…must be curbed and eradicated,’” it says.

“We affirm that Catholic teaching should not be used to further oppress LGBTQ people by denying rights rooted in their inherent human dignity and in the church’s call for social equality,” the statement adds.

The statement notes that its signers recognize that a “great debate” is currently taking place within the Catholic Church about whether same-gender relationships and transgender identities should be condoned or supported.

“That is a vital discussion for the future of Catholicism, and one to which we are whole-heartedly committed,” the statement continues. “What we are saying in this statement, however, is relatively independent of that debate, and the endorsers of this statement may hold varied, and even opposing, opinions on sexual and gender matters,” it says.

Francis DeBernardo, New Ways Ministries executive director, said his organization and the signers of the statement feel the issue of nondiscrimination for LGBTQ people can and should be supported by Catholic leaders and the church itself even if some are not yet ready to support same-sex marriage and sexual and gender identity matters.

“LGBTQ non-discrimination is being debated at all levels in our society, and the Catholic perspective on this is often misrepresented, even by some church leaders,” DeBernardo said. “Catholics who have studied and reflected deeply on this topic agree that non-discrimination is the most authentic Catholic position,” he said. 

DeBernardo said those who helped draft the statement decided it would be best to limit it to a theological appeal and argument for LGBTQ equality and non-discrimination and not to call for passage of specific legislation such as the Equality Act, the national LGBTQ civil rights bill pending in the U.S. Congress.

The Equality Act calls for amending existing federal civil rights laws to add nondiscrimination language protecting LGBTQ people in areas such as employment, housing, and public accommodations. The U.S. House approved the legislation, but the Senate has yet to act on it.

“We wanted this to be a theological statement, not a political statement,” DeBernardo said.

He said organizers of the project to prepare the statement plan to send it, among other places, to the Vatican in Rome and to the U.S. Conference of Catholic Bishops, which has expressed opposition to the Equality Act.

Among the key signers of the statement were 242 administrators, faculty, and staff from Sacred Heart University, a Catholic college in Fairfield, Conn. New Ways Ministries says the statement was circulated by the school’s administration and eight of its top leaders, including President John Petillo, are among the signers.

Some of the prominent writers who signed the statement include Sister Helen Prejean, author of “Dead Man Walking;” Richard Rodriquez, author of “Hunger of Memory;” Gary Wills, author of “Lincoln at Gettysburg;” and Gregory Maguire, author of “Wicked.”

The full text of the statement and its list of signatories can be accessed at the New Ways Ministry website.

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Activists reflect on Black Trans Lives Matter movement resurgence

Blade speaks with Alex Santiago, Jasmyne Cannick

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An I Am Human Foundation billboard along Atlanta's Downtown Connector expressway on Feb. 22, 2021. (Washington Blade photo by Michael K. Lavers)

The world came to a standstill last year as a video surfaced online that showed then-Minneapolis police officer Derek Chauvin murdering George Floyd. The video went viral and sparked numerous protests against racism and police brutality in the U.S. and around the world as many people felt it a potent time to relay their frustrations with and to their governments.

For the LGBTQ community, these protests brought to light the need for human rights for transgender individuals as the murders of people like Tony McDade in Florida and Nina Pop in Missouri reawakened the flame within the Black Trans Lives Matter movement.

A tribute to Tony McDade in downtown Asheville, N.C., in June 2020. McDade was a Black transgender man who was shot and killed by a white police officer in Tallahassee, Fla., on May 27, 2020. (Washington Blade photo by Michael K. Lavers)

The Washington Blade more than a year later spoke with Alex Santiago, executive director of the I Am Human Foundation in Atlanta, and Jasmyne Cannick, a Democratic political strategist and journalist in Los Angeles, to reflect on last year’s Black Trans Lives Matter movement, how far it has come, and what’s in store for the future. 

Uplifting voices often silenced

Participating in the Black Lives Matter protests was an easy decision for Santiago. He is a member of the Legendary House of Garcon, a ballroom house headquartered in D.C. 

Although the house is composed mostly of LGBTQ members, Santiago still felt the need to center trans voices and experiences by visually representing them during Black Lives Matter marches. 

“[I decided that] when I go I’m going to have signs that say ‘Black Trans Lives Matter.’ After talking to a couple of the people in the house, they said it was a great idea. So, they got these t-shirts made that incorporated the trans colors [baby blue, baby pink and white],” says Santiago.

Out of the 250 people in the Legendary House of Garcon, 175 showed up to D.C. from other states to march in solidarity with Black trans people. Santiago says that from what he was told, his was the largest group of activists representing Black trans lives at protests. 

“At first I thought people were going to look at us crazy, like, ‘Why are you separating yourselves or being exclusive?’. But, we got a great response from the general population that was there that day. It was a good day,” says Santiago.

Cannick, who was in Los Angeles during the protests, lent her efforts to platforming pertinent issues. She identifies herself as an ally and a “friend” to the LGBTQ community. 

“I’m active in the LA community and everybody knows me. So, whenever something happens, someone is hurt, someone is killed or someone needs to get the word out about something that’s going on particularly as it relates to the trans community, I’m always asked to get involved, and I do,” says Cannick. 

Over the past year, she reported on multiple LGBTQ issues including the trial of Ed Buck, a Democratic political fundraiser who was convicted in the deaths of two gay Black men who he injected with methamphetamine in exchange for sex.

What happened to the BTLM movement and what needs to change?

The nature of many social movements is that as the intense emotion surrounding them fades, people’s fervor for change wanes as well. This is especially true with allies who are not directly linked to the cause.

“Fatigue and frustration at the relatively slow pace of change to a growing backlash on the right against efforts to call out systemic racism and white privilege — has led to a decline in white support for the Black Lives Matter movement since last spring, when white support for social justice was at its peak,” US News reports about the Black Lives Matter movement.

Cannick believes this is the same for the Black Trans Lives Matter movement. She says Americans allow the media to dictate how it behaves and responds to issues. Thus, when stories “fall out of our media cycles … they fall out of our memories.”

“I think that’s not going to change, and that’s a psychological thing, until we learn how to not let the media necessarily dictate our issues,” says Cannick. 

She suggests that individuals remain plugged into their communities by “doing anything to make sure they keep up with an issue” including following the “right people” on social media and setting up Google alerts for any breaking news. 

Jasmyne Cannick (Photo courtesy of Jasmyne Cannick)

Santiago also echoes Cannick’s sentiments. 

“We wait until something happens before we do something. And, I don’t want to be retroactive; I want to be proactive. I want people to see me when things are going well [and when they’re not going well],” says Santiago. 

Upon returning to his home in Atlanta after the D.C. protests, Santiago contacted a billboard installation company and paid for a billboard labelled, “Black Trans Lives Matter” to be displayed on University Avenue near downtown Atlanta. He says that the billboards got attention and helped to spread much-needed awareness. Following this success, he is now in the process of installing a new billboard labelled, “Black, Trans and Visible. My life Matters.”

“Unless you’re in people’s faces or something drastic happens, people forget. Unless you’re living it, people forget,” says Santiago.

As time progresses, both Santiago and Cannick nest hope for the Black Trans Lives Matter movement. However, this hope can only persist when crucial steps are taken to ensure Black trans individuals around the country are protected, most importantly through legislation.

The New York Times reports there are close to 1,000 elected LGBTQ officials in the U.S., with at least one in each state except Mississippi. 

“We need to have more legislation. We need more voices in power like the council Biden has right now,” says Santiago. 

“You know that [Biden] has a lot of trans people and Black trans people [involved], and a part of that’s a positive step in the right direction, but we need that times 10,” says Santiago.

He believes that political representation should extend to local governance where ordinary Black trans individuals can be trained to assume leadership roles. 

Cannick’s focus is on the Black community. 

“[Trans women] are usually murdered by Black men. If we ever expect that to change, we need to start talking about that,” says Cannick.

She’s open to having conversations that put people, including her as a cis-identifying woman, in uncomfortable and awkward spaces. 

She hosts a podcast titled “Str8 No Chaser” and recently aired an episode, “Why Are Black Men Killing Trans Women,” where she discussed with three Black trans women about the gender and sexuality dynamics within the Black community and their perils. 

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