Missouri Fail: Why it Matters

So, a policeman in Missouri was killed in the line of duty.  What happened to his family?

On Christmas Day 2009, Missouri State Trooper, Corporal Dennis Engelhard was hit and killed in the line of duty when a car hit an icy patch and veered out of control. He left behind his partner of 15 years, Kelly Glossip, and Kelly’s son who they were jointly raising. 

The Police and Fireman’s Fund held a fundraiser for the parents, at which they ignored Engelhard’s spouse and child. The State Troopers issued an obituary stating that Engelhard was ‘single’ and the Governor asked people to pray for his family, who who “lost a beloved son and brother.” 

And, naturally, claiming that Glossip was just “a boyfriend”, the state refused to provide him with the survivor benefits to which any spouse is entitled and which are intended to help the family go on after an officer is killed. 

Glossip sued. And today the Missouri Supreme Court ruled that Glossip had no rights. Not because of his orientation, oh no of course not, but because of the gay yarmulke, marriage laws. Although they had exchanged rings, they weren’t a family. (OzarksFirst)

So, let's get this logic straight.

Glossip gets no benefits because they weren't married.

The state won't let them marry.

But this isn't because he's gay, it's because he's not married.  After all, if Glossip were a woman, she wouldn't get benefits.

REALLY?  if Glossip were a woman, she could have married Engelhard!  And not to marry would have been a CHOICE.

It seems to me that to avoid this, any gay couple who wants any chance at protections has to travel to a state that allows marriage.  We saw this in Ohio, which doesn't allow same sex marriages, but where a judge ruled in favor of the recognition of a couple married out of state on a death certificate.  That's the only wedge.  Otherwise, they can continue to treat couples like this.

#proudtolove (video Sunday)

Voting = gay (video)

Too short for a video Sunday!

The Constitution and equality

Lyle Denniston considers the unusual situation that brought equality to New Jersey and cautions,

The political reality at the moment – and one must stress that the reality might well change – is that full marriage equality will not come into being until the national Constitution recognizes it – either by court interpretation, or by formal amendment. In the near term, it is hard to predict that the end of this reality is in sight. 

That kind of approach can only work in states where politics or court rulings have already established some foundation of equality for gay and lesbian couples, and the number of states that have done that is not a lengthy list. So, in the states where that foundation does not yet exist, marriage equality will only come about through either a bold new court declaration, a change of heart in the state legislature, or a new wave of popular support that can carry the day in a voter referendum. 

There is, of course, one other way: the U.S. Supreme Court could be asked, in the quite-near future, to rule that same-sex couples do have a constitutional right to marriage equality. The Justices may be presented with that fundamental question sooner than some have expected. When that test does arise, as it will, what has been happening in the states may well help to shape the Justices’ reaction, but there is no guarantee of the outcome.

Will Oregon be next?

Effective immediately, the state of Oregon will recognize marriages of same-sex couples from marriage equality states.

The Oregon Department of Justice issued the ruling last week, noting Oregon has historically recognized marriages from other states and countries that would not have been legal to enter into in the state of Oregon. The ruling says same-sex marriages should be no different. ...

Although Oregon passed “Measure 36″, a constitutional ban on same-sex marriage, in 2004, opponents from Oregon United For Marriage hope to overturn it with a ballot measure next year. They have earmarked $12 million toward that effort.
...
Oregon United for Marriage is looking for volunteers to help collect signatures to get a repeal of Oregon’s “Measure 36″ on the ballot in 2014. If you can help, you can sign up here.

(source)

And New Jersey makes 14....

Marriages begin today in New Jersey.

Dear Straight People.... (Video Sunday)

Voices of Faith Speak out: Bishop Gene Robinson on the streets of NY (video Sunday)

Bishop Gene Robinson's Sermon on Gay Pride Day from Auburn Seminary on Vimeo.

And she keeps me warm (video Sunday)

Have you seen Macklemore and Lewis' video "Same love"?  If you liked the "hook" in that ("She keeps me warm"), here's the full length version

Governor of PA compares same sex marriage to incest.

This was to apologize for comparing same sex marriages to marriages between children.

Best response comes from openly gay PA state senator Brian Sims:

No one, not even his own party, would argue that he’s an intellectual heavyweight or even a particularly thoughtful person. ...

Our job isn’t just to be frustrated with the homophobia coming from the Governor’s Mansion, it’s to do everything we can to ensure that his chapter in Pennsylvania’s political history is as sad and short as his record on schools, economic development and civil rights. 

Corbett is running for re-election. Keep talking, Governor.

What has happened in MA since the gays got married?

Not much.  From Think Progress, we learn that 85% of MA voters say, no big deal.

[Marriage equality has not turned society inside out, nor has the promised parade of horribles has not come to pass. Massachusetts now has the lowest divorce rate in the nation, same-sex families now enjoy full legal protections, and the Boston Red Sox have the best record in Major League Baseball. 

And even 66 percent of Massachusetts Republicans concede marriage equality has had no negative effect on them. According to the PPP poll, Massachusetts voters now support same-sex marriage by an overwhelming 60 to 29 percent margin.

So, we do know what happens when Teh Gayz marry.

Gays marry.

End.

Dream Team Boies and Olson to take on Virginia

I have often called Virginia the "State of Hate" because they not only ban marriages between same-sex couples, they also ban civil unions, recognition of any marriages, and indeed, any civil efforts to provide relationship protection like employer-benefits, etc. 

"A civil union, partnership contract or other arrangement between persons of the same sex purporting to bestow the privileges and obligations of marriage is prohibited." It goes on to add that any such union, contract or arrangement entered into in any other state, "and any contractual rights created thereby," are "void and unenforceable in Virginia." (Source)

The Prop8-AFER dream team of powerhouse attorneys Ted Olson and David Boies are going to take on Virginia.  Although they won their Prop 8 case, it was on a technicality that only applied to California.  Their goal is to achieve marriage equality nation wide.  From the WaPo:

Olson said AFER was invited to join the case by attorneys for the plaintiffs, Norfolk residents Timothy Bostic and Tony London, whose marriage application was turned down, and Carol Schall and Mary Townley, who have a 15-year-old daughter and whose marriage in California is not recognized by the commonwealth. 

Virginia is an “attractive target,” said Olson, who lives in the state, because its rejection of same-sex marriage and civil unions is so complete. 

“The more unfairly people are being treated, the more obvious it is that it’s unconstitutional,” Olson said.

Of course, there is a risk.

But some supporters of same-sex marriage fear the suits are coming too fast. The justices turned down the chance to find a constitutional right to marry only months ago, and Kennedy’s opinion in Windsor also contained his caution that “history and tradition” give states the right to define marriage. 

After giving the victories, the slim Supreme Court majority might favor letting the political process, rather than the judicial, take the lead. 

Olson is unmoved by that theory. 

“I’m not going to get into the justices and what they each said and what Justice Scalia said,” Olson said. “Given what was said in DOMA [decision] and given the record we made in California and given what we’re going to establish in Virginia, we’re going to be able to persuade a majority of the court that this is the right thing.”

Let us remember that George Bush senior recently was a witness at a same sex marriage, and Supreme Court Justice Ginsberg has officiated at two weddings.  Slowly, surely.....