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gay marriage

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By Howard Mintz

Posted: 08/04/2010 01:51:23 PM PDT
Updated: 08/04/2010 02:03:12 PM PDT

A San Francisco federal judge today struck down California’s ban on same-sex marriage, concluding that it tramples on the equal rights of gay and lesbian couples and setting the stage for an appeal that appears destined for the U.S. Supreme Court.

In a 136-page ruling, Chief U.S. District Judge Vaughn Walker sided with two same-sex couples who challenged voter-approved Proposition 8, which embedded a ban on gay marriage in the California constitution and wiped out a prior California Supreme Court ruling that briefly legalized same-sex nuptials across the state. Walker ordered that Proposition 8 should be immediately voided, and same-sex couples be given the chance marry across California.

“Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians,” the judge wrote. “The evidence shows conclusively that Proposition 8 enacts, without reason, a private moral view that same-sex couples are inferior to opposite sex couples.

Prop. 8 defenders have already vowed to ask an appeals court to immediately stay Walker’s order.

Link

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LA Times article on the upholding of Proposition 8:
“The justices uphold the same-sex marriage ban but also rule that the 18,000 gay couples who wed before November will stay married. The decision is sure to spark another ballot box fight.”

American Foundation for Equal Rights is supporting the lawsuit filed by top litigators Ted Olson and David Boies.

Above the Law has a post on the backstory of the Sonia Sotomayor nomination for the U.S. Supreme Court:
“This afternoon, we participated in a conference call between a senior Administration official and several reporters, to discuss the Sotomayor nomination. Here’s a quick write-up of the call.”

SCOTUS Blog discusses the likely lines of attack that will be directed at her:
” But the most extreme interest groups and ideologues are transparently uninterested in that reasoned debate as they rush to caricature the nominee and the opposing viewpoint.”

Deng Yu Jiao, a female hotel worker in Hunan province, China, stabbed to death a local party after he demanded sex from her. There’s been a lot of public support for her case and she’s been promised a fair trial.

NYC Comptroller William Thompson has issued a report declaring that marriage equality for LGBT couples would garner the state an additional $210M in revenue in the first three years. [Joe.My.God]

If you attended Sex 2.0, please fill out the survey and read about the 2010 Steering Committee.

An article at RH Reality Check analyzes AT&T vs. Hulteen:

“The case examined the pension payments for a number of former female employees of AT&T who had taken maternity leave before passage of the Pregnancy Discrimination Act, which clarified that under Title VII of the Civil Rights Act pregnancy discrimination counted as sex discrimination. Now, AT&T is defining unpaid maternity of these employees as personal leave from the company.  And the court has now ruled that such personal leave doesn’t and shouldn’t count toward these women’s pensions.”

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SAN FRANCISCO (AP) — The California Supreme Court upheld a voter-approved ban on same-sex marriage Tuesday, but it also decided that the estimated 18,000 gay couples who tied the knot before the law took effect will stay wed.

Demonstrators outside the court yelled “shame on you!” Gay rights activists immediately promised to resume their fight, saying they would go back to voters as early as next year in a bid to repeal the ban.

The 6-1 decision written by Chief Justice Ron George rejected an argument by gay rights activists that the ban revised the California Constitution’s equal protection clause to such a dramatic degree that it first needed the Legislature’s approval.

The court said the Californians have a right, through the ballot box, to change their constitution.

“In a sense, petitioners’ and the attorney general’s complaint is that it is just too easy to amend the California Constitution through the initiative process. But it is not a proper function of this court to curtail that process; we are constitutionally bound to uphold it,” the ruling said.

The justices said the 136-page majority ruling does not speak to whether they agree with the voter-approved Proposition 8 or “believe it should be a part of the California Constitution.”

They said they were “limited to interpreting and applying the principles and rules embodied in the California Constitution, setting aside our own personal beliefs and values.”

Link

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Law professors Jack Balkin of Yale and Ann Althouse of the University of Wisconsin debate whether marriage should be replaced with civil unions for both gay and straight couples.

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. . .While the wording is simple, the situation has quickly become complicated. One question: What happens to those same-sex couples who married prior to the ruling? Legal challenges filed on Wednesday raised other questions: Was the referendum process itself lawful? Does the new language conflict with other parts of the state constitution? Separately, should Prop. 8 opponents have filed challenges saying the proposition violated the U.S. Constitution?

To help sort through some of these questions, we chatted with David Cruz, a constitutional law expert at the University of Southern California.

Hi David. Thanks for taking the time. Frankly, we’ve been confused by much of what’s happened since Tuesday. For starters, could you help us understand the grounds upon which Proposition 8 is being challenged in court?

Sure. The three lawsuits [here, here and here] challenge the procedure by which the referendum was passed. Under California law, there are two categories of changes that can be made to the state constitution: amendments and revisions. Amendments are more minor changes; revisions are larger in effect. This is important because each has its own process for taking effect — essentially different ways they go before the voters. An amendment can go in the form of a ballot initiative, which requires a certain number of signatures to make its way on. Constitutional revisions, however, have to have a two-thirds blessing from each house of the state legislature to make the ballot.

Now, the problem, at least from the point of view of Prop. 8 supporters, is that the legislature had previously indicated a willingness to support same-sex marriage. So the proposition’s supporters were unwilling to treat this [change] as a revision and send it to the legislature, opting instead to treat it as an amendment. The Prop. 8 opponents are arguing that this change actually constitutes a revision, not an amendment, and therefore needed to go through the legislature.  (more. . .)

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vote no red No to Californias Proposition 8: two fundraisers

California’s Proposition 8 is the ballot initiative which would eliminate the right of same-sex couples to marry.

This post summizes the polling, which is all over the place – the gap is closing.

Two members from the East Coast sex positive community are raising funds in the fight against Proposition 8.

Comstock Films: Comstock Films is running a No on Prop 8 fundraiser. If you buy any of their erotic documentaries from Tuesday, Oct. 28, 12AM Eastern to Oct. 29 3AM Eastern. 27 hours, 100% of the purchase price (excluding S&H) will be donated to the No on 8 campaign. Follow Tony and Peggy on Twitter.

8 Against 8: Sinclair (aka @mrsexsmith) is one of the “8 against 8“. The 8 lesbian bloggers have already reached their target goal of $8,000 but they are still collecting funds through October 27th.

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HARTFORD, Conn. — Connecticut’s Supreme Court ruled Friday that gay couples have the right to marry, making the state the third behind Massachusetts and California to legalize such unions through the courts. The ruling comes just weeks before Californians go to the polls on a historic gay-marriage ballot question, the first time the issue will be put before voters in a state where same-sex couples are legally wed.

The 4-3 ruling is the first time that a state that had willingly offered an alternative to marriage was told by a court that civil unions aren’t enough to protect the rights of gay couples. Connecticut was the first state to voluntarily pass laws to affirm civil unions.

Link

Opinion: Kerrigan v. Commissioner of Public Health

Dissenting opinions here, here and here.

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marriage California gay couples say I do

Phyllis Lyon (right) kisses her partner, Del Martin, after being married Monday at San Francisco City Hall by Mayor Gavin Newsom. The two have been together for more than 50 years. Marcio Jose Sanchez/AP. [from AJC]

Time:

Same-sex couples began marrying late Monday night in courthouse ceremonies across California, putting triumphantly happy human faces on a debate that is nevertheless far from over. Crowds turned out to welcome — and, for some, to protest — weddings in Beverly Hills, Oakland and the wine country north of San Francisco.

In San Francisco, hundreds gathered to see long-time gay rights icons Phyllis Lyon and Del Martin marry after more than half a century as a couple. “When we first got together, we were not really thinking about getting married, we were thinking about getting together,” Lyon said to laughter, standing behind Martin’s wheelchair. “I think it’s a wonderful day. We are very happy.” “Ditto,” said Martin.

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Bob Egelko, Chronicle Staff Writer

(05-15) 10:31 PDT SAN FRANCISCO — Gays and lesbians have a constitutional right to marry in California, the state Supreme Court said today in a historic ruling that could be repudiated by the voters in November.

In a 4-3 decision, the justices said the state’s ban on same-sex marriage violates the “fundamental constitutional right to form a family relationship.” The ruling is likely to flood county courthouses with applications from couples newly eligible to marry when the decision takes effect in 30 days.

The ruling set off a celebration at San Francisco City Hall. As the decision came down, out-of-breath staff members ran into the mayor’s office where Gavin Newsom read the decision.

Outside the city clerk’s office, three opposite-sex couples were waiting at 10 a.m. for marriage certificates. City officials had prepared for a possible rush on certificates by same-sex couples, but hadn’t yet changed the forms that ask couples to fill out the name of the “bride” and “groom.”

Kenton Owayang, the office supervisor for the city clerk’s office, said he’s waiting for word from the state registrar’s office about marriage forms and working on getting extra staff members in today in case the city is able to give out the certificates to same-sex couples. (more . . .)

Full text of opinion (172 pgs) from How Appealing.

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links for 2008-03-04

by Viviane on 03/04/2008

in sex

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danae dido Sugasm #85The best of this weeks blogs by the bloggers who blog them. Highlighting the top 3 posts as chosen by Sugasm participants. Want in Sugasm #86? Submit a link to your best post of the week using this form.

This Week’s Picks
A Little Fun at Home (fexual-strustration.blogspot.com…)
“She surprised herself when her fingers found the actual ice cube melting inside her cunt.”

The Anniversary Present (perverselypoly.blogspot.com…)
“But I knew that nothing would be more appropriate to the new path we’ve chosen than a threesome with another man on the night celebrating our wedding so many years ago.”

Girl’s Night In (thenakedrhetoricaltruth.blogspot.com…)
“Some of us are more conservative than one would have thought, and some of us, it appears from dropped jaws round the table, are less.”

Mr. Sugasm Himself
7 Simple Ways to Future-proof Your Blog (sugarbank.com…)

Editor’s Choice
My Exam (wanklog.blogspot.com…)

See also: Fleshbot’s Sex Blog Roundup each Tuesday and Friday (Fleshbot.com)

Erotic Writing and Experiences
The Dragonfly (in-your-pants.blogspot.com…)
Greedy Eyes (paradisetiedup.blogspot.com…)
I awoke… (fantasy-nuggets.blogspot.com…)
I remember entering the hotel room (orangeuglad.blogspot.com… )
It should have been a dream then! (lastbreath.wordpress.com…)
Music & Cock (confessions112.blogspot.com…)
Party Games Part 2 (drtycplinva.blogspot.com…)
Petals….. (clearslate2007.wordpress.com…)
The Pirate Captain (bikersballsandteacherstits.blogspot.com…)
Razor Stubble (lafillemariee.blogspot.com…)
So good I could almost come (plum001.blogspot.com…)
Through the Crack (slutissimo2.wordpress.com…)
Yesterday (classyelegantlady.blogspot.com…)

Sex & Politics
Gay Marriage Survives (deliciously-naughty.typepad.com…)

NSFW Pics, Videos & Audio
Beautiful Agony Video (eroticandy.blogspot.com…)
Betcee May – Nude in Nature (seccpicsnude.blogspot.com…)
Filthy Food (myhotbox.blogspot.com…)
Sasha Cohen (gotcum.blogspot.com…)
Wild – Pictorial Presentation (eroticjournals.blogspot.com…)

Sex Work
Charlie and the Chocolate Covered Cock (ladyentertainers.com…)
When A Client Dies-Part 1 (www.radicalvixen.com…)

BDSM & Fetish
The Back Room (goldslutstandard.com…)
The Control of a Submissive (vampyrandhisladye.blogspot.com…)
Happy HNT – Summertime spanking (darkside-journey.blogspot.com…)
His kiss (insidedarkpixie.blogspot.com…)
How Was Your Weekend? (www.sub-burbs.com…)
I want to hurt you (everythingoze.blogspot.com…)
Painslut (kinkyfarmwife.blogspot.com…)
“The Real Reason I Have Long Hair,” smut from the archives (lustylady.blogspot.com…)
Scenes From My Bedroom – Part 4: Giving up control (collaredcatalina.wordpress.com…)
Two vingnettes from two scenes (geltsgirl.livejournal.com…)
Yanking My Chain (puppytale.blogspot.com…)

Sex News & Reviews
Coming back with v.2.0 (mypenis.thumblogger.com…)
Featured Fetish Film – Toys For Twats (Nun Fetish, Old, Sacrilege, Yikes) (www.quipsandchains.com…)
Fern wood tonight (hard-and-fast.blogspot.com…)
Half-Nekkid and Playing the Field (www.tarasnaughtyshop.com…)
How To Make 3 Girls Have An Orgasm (www.hypnopimpdaddy.com…)
Introducing the Nude Photography of Eva’s Garden (www.taratainton.com…)
MSNBC and Green Sex Toys (blog.babeland.com…)
Welcome to Teeny Phone Sex! (www.teenyphonesex.com…)

Thoughts on Sex and Relationships
Daddy Day (dirtydetails.blogspot.com…)
Lacking Sexuality (thesilentmale.blogspot.com…)
Love and Crush: Confessions (un-cool.blogspot.com…)
Lunch (secretlifeofaman.blogspot.com…)
More keyword analysis (kislee.naughtyblog.net…)
Slutdom Redefined (junohenry.wordpress.com…)
Without your input (gentlygently.blogspot.com…)

Photo: Danae & Dido (Met Art)

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exposed%2Bheart Exposed: Experiments in Love, Sex, Death & Art

Annie Sprinkle and Elizabeth Stephens are coming to New York City
and you are invited to the East Coast premiere of
Exposed: Experiments in Love, Sex, Death & Art
Thursday, April 26 thru Saturday, May 12, 2007
Shows are at 7:30 PM, with late shows on Friday nights at 10:00 PM, plus matinées on Saturday at 3:00 PM.

At: Collective:Unconscious, 279 Church Street, NYC (at White Street in Tribeca)
For tickets and more info or call 212-352-3101

When Annie Sprinkle (the prostitute/porn star turned artist/sexologist) and Elizabeth Stephens (sexy dyke playboy, professor and experimental artist) fell madly in love, they decided to spread their love around. So they committed to doing art projects that explore and generate love. This is their “Love Art Laboratory.” Exposed is their most ambitious project to date.

Exposed is a love story in the grand tradition of artist couples such as John and Yoko, Sonny and Cher, Gertrude and Alice, Siegfried and Roy. It offers an artistic response to the violence of war, and the anti-gay marriage movement and it explores lesbian courtship, artificial insemination, queer weddings, breast cancer and more. Mixing elements of pleasure, pain, passion, and juice, the “love-artists” will stimulate your senses and blow your hearts open.

Directed by Neon Weiss
Media Design & Soundscape by Sheila Malone
Appearing as “lab assistants”– Scout Durwood, Zhen, and Morty Diamond.

Tickets: $20 for matinées, and evening performances have two price tiers–$30 for general admission a special $100 for a VIP admission, which includes reserved seating to that evening’s performance and admission to The Gold Star Party on May 9, 2007.

The Gold Star Party will honor three Collective: Unconscious Super Stars: Paul Nagle (Arts Advocate), Reverend Jen Miller (Patron Saint of the Uncool) and Daniel Green (C:U Co-Founder). This event will benefit Collective: Unconscious and be hosted by Jonny Porkpie and Nasty Canasta of Pinchbottom’s Burlesque.

These performances are supported, in part, by the Lower Manhattan Cultural Council with funds from the September 11th Fund, The Arts Research Institute and the Committee on Research, University of California, Santa Cruz.

[Thanks, Wolf Cub]

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Garrison Keillor writes:

Ordinarily I don’t like to use this space to talk about my newspaper column but the most recent column aroused such angry reactions that I thought I should reply. The column was done tongue-in-cheek, always a risky thing, and was meant to be funny, another risky thing these days, and two sentences about gay people lit a fire in some readers and sent them racing to their computers to fire off some jagged e-mails. That’s okay. But the underlying cause of the trouble is rather simple.

I live in a small world — the world of entertainment, musicians, writers — in which gayness is as common as having brown eyes. Ever since I was in college, gay men and women have been friends, associates, heroes, adversaries, and in that small world, we talk openly and we kid each other and think nothing of it. But in the larger world, gayness is controversial. In almost every state, gay marriage would be voted down if put on a ballot. Gay men and women have been targeted by the right wing as a hot-button issue. And so gay people out in the larger world feel besieged to some degree. In the small world I live in, they feel accepted and cherished as individuals, but in the larger world they may feel like Types. My column spoke as we would speak in my small world and it was read by people in the larger world and thus the misunderstanding. And for that, I am sorry. Gay people who set out to be parents can be just as good parents as anybody else, and they know that, and so do I.

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