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National News Briefs
Published Thursday, 09-Sep-2004 in issue 872
CALIFORNIA
Same-sex parental rights cases reach the Supreme Court
SAN FRANCISCO (AP) – The California Supreme Court has agreed to hear three cases involving parental disputes between same-sex couples, in which former lesbian partners want parental rights and access to the children they helped raise.
Lower courts had ruled differently in the three cases. In two of the cases, state appeals courts identified only the birth mothers as legal parents and denied custody, visitation or child support to the former partners.
In the third case, an appellate court in Los Angeles ruled for the first time that the non-birth mother could have parental rights under the same laws that establish the rights of fatherhood.
The state’s high court set aside all three rulings, agreeing to set new ground rules for such cases in a future hearing.
LOUISIANA
Voters to cast ballots on same-sex marriage ban
NEW ORLEANS (AP) – Louisiana voters will cast ballots on a proposed ban on same-sex marriage after the Louisiana Supreme Court refused to consider three lawsuits designed to block the Sept. 18 vote.
Supporters of the amendment praised the court for allowing the measure to go to the voters. Mike Johnson, a lawyer with the conservative Alliance Defense Fund, said he believed that voters would approve the measure “by an overwhelming margin.”
“This is a great day for democracy,” Johnson said.
However, one of the justices implied that the plaintiffs have a chance at challenging the amendment — if it passes — after the election. Chief Justice Pascal Calogero cited a state law that says amendments must go to voters with only one issue to be decided.
The “Defense of Marriage” amendment, however, would force voters to choose whether to deny same-sex couples both the right to marry and the right to enter into civil unions.
“The court may yet have to address this constitutional question in a post-election challenge,” Calogero wrote.
The decision gave no reason for the court’s unanimous rejection of the suits.
However, Calogero and Justice John Weimer wrote in notes that they agreed with lower court’s opinions that the suits were “premature” because state law allows an election challenge only after the vote takes place.
Legal challenges are likely if the amendment passes, opponents of the amendment said.
MAINE
Christian Civic League head draws criticism with ‘gay genes’ remark
AUGUSTA, Maine (AP) – The head of the Christian Civic League of Maine is drawing criticism after issuing a statement asking whether Gov. John Baldacci has “one of these imaginary gay genes.”
Michael Heath in March put an item on the league’s website asking supporters for information about the sexual orientation of legislators and other political leaders. He was condemned by Baldacci and legislative leaders from both parties, and later suspended for a month by the league’s board of directors.
When Baldacci reiterated his intention to submit a gay rights bill to the Legislature next year, Heath responded with a statement critical of the governor’s plans.
Heath’s reaction to Baldacci’s announcement was not surprising given his longtime opposition to such a bill. But this sentence in his release raised eyebrows: “Mindful of the unscientific and unsuccessful crusade to prove the presence of a gay gene, league executive director Michael S. Heath wondered aloud, ‘Maybe the governor has one of these imaginary gay genes?’”
Asked by email by the Portland Press Herald to explain what he meant by his reference to the governor and “imaginary gay genes,” Heath wrote back: “What did you want me to call him, a girlie man?”
The Rev. Dallas Henry, president of the league’s board of directors, said Heath’s remarks were tongue-in-cheek and are being misconstrued.
“I think you’re making something out of nothing,” Henry said. “It was said in a humorous way.”
Henry said Baldacci, by promoting gay rights yet again after voters twice rejected such legislation, is catering to a special-interest group at the expense of the general population.
MICHIGAN
Pastor: Referendum’s success not certain
GRAND RAPIDS, Mich. (AP) – At least one poll shows solid support among Michigan residents for a constitutional ban on same-sex marriage, but a clergyman says that doesn’t guarantee voters will endorse the idea.
The state Court of Appeals ruled that a proposed constitutional amendment defining marriage in Michigan as a union between one man and one woman should appear on the Nov. 2 ballot.
Opponents including the Rev. Doug Van Doren, pastor of Plymouth Congregational Church in Grand Rapids, fear the amendment will be used to take away benefits for same-sex partners at state universities or even private firms.
“We are talking real people, real families that would be affected by this,” he said.
More than 80 west Michigan clergy have signed a statement opposing the measure, Van Doren told The Grand Rapids Press. “People like to paint Michigan and particularly west Michigan as far more reactionary than it is,” he said. “I think there is a good chance it will not pass.”
The group supporting the initiative, Citizens for the Protection of Marriage, gathered more than the 317,757 signatures required to place the issue on the ballot. The appeals court ruled that the ballot language was neither incomplete nor misleading.
Michigan appeals court orders on same-sex marriage and gambling proposals
LANSING, Mich. (AP) – Michigan voters should be allowed to weigh in on proposed ballot initiatives related to same-sex marriage and gambling, the Michigan Court of Appeals ruled.
State elections officials worked to enact the court orders so the proposals would appear on the Nov. 2 ballot. The orders are clear, secretary of state spokesperson Kelly Chesney said, and will not require a reconvening of the Board of State Canvassers.
One of the proposed constitutional amendments would define marriage in Michigan as a union between one man and one woman.
Part of the proposal says the state would recognize only a union between a man and woman as a marriage or “similar union for any purpose.”
Critics say the language is broad and could force universities, governments and other public agencies to stop giving domestic partner health benefits to same-sex couples and heterosexual couples that aren’t married.
“We’re very disappointed,” Michael Hodge, attorney for a group opposed to the initiative called Coalition for a Fair Michigan, said of the court’s ruling. “The ballot language is confusing and will not help explain to people what they’re voting on when they go to the polls.”
The ballot proposal went to the appeals court because the Board of State Canvassers, which is supposed to decide what issues get on the ballot, deadlocked in a 2-2 vote last month. Two Republicans voted in favor of placing the proposal on the ballot, while two Democrats were opposed.
NEW JERSEY
Attorney General’s Office defends state’s same-sex marriage ban
TRENTON, N.J. (AP) – The Attorney General’s Office defended the state’s ban on same-sex marriage in legal papers filed Sept. 2 reiterating its position that New Jersey’s constitution does not permit same-sex unions and that the power to change the definition of marriage rests with the Legislature, not the courts.
The state’s 60-page brief, filed with the Appellate Division of Superior Court, challenges a civil lawsuit by seven same-sex couples and supported by the national civil rights organization Lambda Legal seeking the right for gay and lesbian couples to wed.
Both sides have said they will appeal the case to the state Supreme Court.
OKLAHOMA
Some 1,700 people share ideas for Oklahoma City
OKLAHOMA CITY (AP) – The Greater Oklahoma City Chamber of Commerce gathered 1,700 people from all walks of life to share their ideas for making the state’s largest city a better place to live.
They met over the past three weeks in focus groups representing the city’s various groups, including ethnic minorities, GLBTs, college students, young professionals and entrepreneurs, to discuss diversity, opportunity and economic growth.
“It was incredible to me that an organization like the Oklahoma City chamber of commerce wanted to hear something that I had to say,” said Paula Schonauer, who began life as a male.
She said members of the gay, lesbian, bisexual and transgender community are usually marginalized in Oklahoma City power circles.
“We invited literally thousands of people in those areas to come together to find out why are you here. What can we do to keep you here?” chamber President Roy Williams said.
The leadership team will use the ideas to develop a strategy to enlarge the city’s stock of educated and talented workers.
The push to embrace diversity is new ground for the chamber, whose sole purpose is economic development, Williams said at a banquet sponsored by the Viet Youth Today Association.
Economic development traditionally has depended on providing companies with access to market, work force, and raw materials and supplies, he said.
“One of those issues has moved to the forefront in recent years – human capital,” Williams said. “Two of three companies we deal with today, the first thing they want to know is whether the human capital exists in this workplace to meet our needs.
“That has pushed us in a whole different direction as an economic development organization.”
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