Why New York Matters

William Hasty III and Gregory Smith

I haven’t written about the legalization of gay marriage in New York.  It is a big deal, obviously, but it didn’t have any sort of direct impact on me or anyone I know.  Unlike Prop 8, which went down while I lived in California and which went on for a very long time, the decision in New York was quick and not where I lived.

But it doesn’t just matter in New York.  It matters everywhere — even in South Carolina.

Today in The State newspaper, South Carolina’s big paper, there was a marriage announcement for two men who met in South Carolina and married in New York.  On top of that, it’s an interracial gay couple.  As a friend on Facebook said, he’s sure the Baptist churches are blowing up The State’s phone lines.

The couple met in Columbia, S.C., in February 1984. Gregory and William were both commissioned officers in the U.S. Army. Best men for the wedding were the couple’s two sons, Dudley Smith Hasty and Baker Smith Hasty.

They have been together since before I was born.  Over 27 years together, 2 children, one working and one a homemaker, both veterans and unable to marry until this summer.  And still in a marriage that can’t be recognized federally or in the state that this announcement was made and where they met.

Anyway, congratulations to the Smith Hasty family and thank you for making SC a little bit more interesting and broadminded today!

Prop 8 Trial Today: Is Walker Too Gay to Judge?

This will be brief because I’m on my lunch break, but today in California they are deciding whether Judge Walker’s decision on Prop 8 should be thrown out because he’s gay and therefore can’t be a judge on gay rights as well as determining whether the tapes of the trial should be locked up from view or allowed to be released.

The gay rights crowd is arguing that of course you don’t throw out a decision because a judge has human traits — wouldn’t a straight man be biased for straight people?  It would never end.  They are also arguing that there is no possible harm in releasing the tapes and keeping them under lock and key is absurd and retarded.  They probably won’t say it precisely like that.

The anti-gays crowd, who KNEW THAT WALKER WAS GAY BEFORE THE TRIAL AND NEVER ASKED HIM TO RECUSE HIMSELF, are arguing that the gays can’t make legal decisions if they’re in a relationship and releasing the tapes would make their side look like complete idiots the proponent’s witnesses uncomfortable.

Prop 8 Trial Tracker has got you covered with live updates, AFER with Tweets.

I’ll write a shorthand version of whatever happens today later this evening.

Releasing the Prop 8 Videos

 

People in an open society do not demand infallibility in their institutions, but it is difficult for them to accept what they are prohibited from observing – Chief Justice Berger

Former Chief Judge Vaughn Walker, who presided over the Prop 8 trial, recently used some of the video that was taken during the case as part of a lecture.  The Proponents, aka supporters of Prop 8/opposers of gay marriage, immediately took great offense and sent what was essentially a cease and desist order that demanded the return of all the copies of the tapes, Walker's and anyone else who had them.

 
In response, Ted Olson and David Boies, the legal tour de force trying to lift the gay marriage ban, filed a request that the tapes be unsealed and released to the public.  After all, the trial is a matter of public record and the transcripts are freely available.
 
Originally, the trial was going to be broadcast live, but the Proponents felt like this might scare some of their witnesses away, and so they demanded that it not be broadcast.  Judge Walker taped it, but didn't release the tapes, to the great disappointment of the men and women across the country who wanted to see the greatest trial of the greatest civil rights battle of our time.

No one can really blame the Proponents for not wanting to have video footage of just how appallingly awful their defense of Prop 8 was.  They want to continue to play the victim here — they want to sell the idea that gay marriage is somehow a violation of religious liberty, rather than being completely the other way round.  The video of their disastrous performance would only reveal that they are driven solely by religion and bigotry — and that they aren't even capable of hiding that fact.

Some things that they don't want you to see on television, things that their own anti-equality witnesses did: a witness saying that DADT and DOMA were "Official Discrimination"; that same witness then saying Prop 8 was also discriminatory; Mr. Blankenhorn, their chief witness saying, "I believe that adoption of same sex marriage would be likely to improve the well-being of gay and lesbian households and their children"; Blankenhorn also saying, "We would be more American on the day we legalized gay marriage than the day before".

Well, I mean, no wonder, right?  But that's exactly why these things need to be released.  People need the opportunity to see how feeble the defense was and to really understand how motivated by religion the campaign against equality was.  Not everyone is as nerdy as me and reads trial transcripts because they find them so compelling — video is the medium of our lives, and well do the religious know that since it is the medium through which they sold their hate.

The vast majority of the money and on-the-ground support for the Prop 8 campaign came from the Mormon church, supplemented by the Catholic church.  This isn't even money from California, and it's certainly money that ought to take away their tax exempt status.  People need to be shown the kind of lies they were telling to get people to vote against marriage equality, the emotional manipulation about children and families, things so blatantly false they might be defended with the disclaimer: "not intended to be a factual statement."

Gay marriage doesn't destroy families, it doesn't destroy children, it really doesn't do much except make some people very happy and give them access to rights that the rest of us take for granted.  The trial provided an overwhelming amount of evidence that refusing marriage rights not only hurt gay people, but also hurt the thousands of children of LGBT parents.  It hurts these children irreparably, immeasurably, forever.  This wasn't in question, gay marriage opponents agreed.

These tapes shouldn't just be released, they should be broadcast on every news channel for weeks to expose just how rotten the argument is against gay marriage.  If you've ever questioned why church-state separation is so important, this is why.  If conservative Christians (and I include the LDS) hadn't funded the gay marriage ban, it wouldn't be in place, and even they couldn't create enough money to make credible witnesses or a real argument against gay marriage.  The monstrous unfairness of the church taking over, infiltrating, and outright buying the political process only to then lie to the public to get their way has got to stop.  Not only is it immoral, it is un-American.

Proponents motion for return of videos http://www.scribd.com/doc/52945974/CA9Doc-338
Vaughn Walker's response: http://www.scribd.com/doc/53041973/CA9Doc-339-Letter-from-Vaughn-R-Walker
Olson and Boies request for unsealing of videos: http://www.scribd.com/doc/52945974/CA9Doc-340
San Francisco's feisty response: http://www.scribd.com/doc/52945974/CA9Doc-341

 

In LGBT News

I'm so late on all of this, but I'm going to talk about it anyway.

1. The stay will not be lifted on performing gay marriages in California.  It's been so long since the argument before the ninth, that one might easily have forgotten that we were a hairsbreadth away from allowing gay marriages in California again, which would have been just as well, as there will be no marriages until the case is decided.  And probably no marriages until it's gone through the full judicial process, which may be years from now.  Justice is by no means swift in this country.

This is not a surprise, though.  I would have been shocked if the courts had decided to let marriages go ahead.  Despite the fact that there is no harm caused by allowing gay marriage, to admit so would be to tip their hand and to call into question their judicial ruling, so the Ninth can't really get away with supporting a lift of the stay.

2. In super awesome OMG yes news!  As you may know, mutli-national gay couples who are married and have their marriages recognized elsewhere, cannot have their marriages recognized in the US thanks to DOMA.  This means that people can be married but deported, very much unlike the way heterosexual married couples are treated.  Deportations have been halted thanks to the questions about the legality of DOMA.

Confirmation that this policy is now in place nationally is cause for celebration. In many ways this is vindication of a two-decade long struggle by thousands of binational couples, advocates and attorneys. But the fight is not over yet. Many couples, after consulting with experienced immigration attorneys, may decide that this is the proper time to file a green card case. However, DOMA is still the final obstacle for attaining a green card; unless it is repealed or struck down, filing any case with immigration is not without risk. – Lavi Soloway