Archive for the Category » Gay-Rights «

Wednesday, January 27th, 2010 | Author: James O'Neill

I have been following the Prop 8 Trial for the last week or so via the Prop 8 Trial Tracker and I can say I am really confused with the Defendants – the Pro-Prop 8 people. Their witnesses were to our advantage and their cross-examination of our witnesses yielded pretty much nothing of really use. Both of the witnesses they called came off as incompetent and/or sleazy. It was sad to see … in a good way.

I know that they do not have a rational or logical argument against Same-Sex Marriage, but this was sad almost to the point of hoping that they declare a mistrial because their counsel seemed completely inept and out classed by the Olson/Boise juggernauts. I am happy to see that, because it reinforces the legitimacy of Same-Sex Marriage issue, but it also makes me worry as to what they are really up to.

I am pretty sure they were expecting an appeal regardless of who won this first round, so perhaps they have something more vicious planned for the appellate court. They cannot add new evidence or testimony there, but perhaps they are planning on hiring competent counsel to argue their case. The evidence and testimony that they submitted was not too inspiring. Perhaps they may leave it at losing here at the District Court level and not take it too the Supreme Court to minimize the damage, in hopes that this case will not be used as further precedent for other cases across the country? I am not sure what is going on here, but it is worry-some.

Our evidence and testimony was pretty much on target and unflappable. With Loving vs Virginia and Brown vs Board of Education in our courts to show that marriage is a fundamental right, and separate is not equal, respectively, I am thinking that we have a great case in our favor.

Now we wait for the judge to review the testimony and evidence given, and then the court will take on filings for Amicus Briefs, and then Closing Arguments. I do not like this wait at all. There is so much at stake here, but I am quite hopeful.

Wednesday, January 13th, 2010 | Author: James O'Neill

The more I read of the Proposition 8 Trial Tracker BLog’s account of the trial’s testimony the more I believe that there is really no valid argument against gay marriage.  Their Questioning, and their expert witnesses are crushing the pro- Prop 8 people. It is a blood bath in there. The historical evidence supporting the homosexuality has been to subject to demonizing, discrimination, and bigotry throughout history is huge and painful to recount, but consistent. There is also plenty of historical evidence of changing marital laws with slaves, interracial marriage, etc…  I am impressed with the legal work here.

I see good things to eventually come.  Yea!

I just received word the the Supreme Court has affirmed a block on televising the Prop 8 court proceedings. I am saddened by this. Transparency to the public in such a high profile case is important, especially to let the world see the bigotry and lies that are spread by the pro Prop 8′ers. They want to keep this as hidden as possible so they do not look so bad. They are trying to keep as much of their commercials and other propaganda and so on from being admitted for similar reasons.  They hate to have their own work used against them.

New York Times Coverage

Wednesday, January 13th, 2010 | Author: James O'Neill

Here is a link to a live blog detailing the happenings at the Proposition 8 trial: Proposition 8 Trial Tracker BLog from the Courage Campaign.

Read it and get involved. This is one of the most important civil rights issues of our time.

Tuesday, January 12th, 2010 | Author: James O'Neill

Read about it and you be the judge:

Contact your legislators via HRC to let them know that this is not acceptable anywhere in the world.

I know what I am about to write here is bitterly sarcastic and angry… but here it is anyhow:

Congrats Scott Lively, Don Schmierer and Caleb Lee Brundidge! This must be a proud moment for you and your Fundamentalist Christian community. Bravo! Bravo! You have worked hard spreading ignorance and lies to ensure the deaths of more people. How proud you must be to know that you will soon have the potential death of many vile homo’s on your hands. Your “Godly” works are now responsible for promoting another tyrannical and oppressive regime like Iran and China where human rights are only a convenience for the state to play with and not a human right. I hope you enjoyed the participatory process in bringing about such stellar and model Christian legislation.

Tuesday, January 12th, 2010 | Author: James O'Neill

This article in Newsweek titled “The Conservative Case for Gay Marriage
Why same-sex marriage is an American value
” is written by Theodore Olson who is a prominent Republican lawyer that served under Bush and Reagan during their presidential administrations. He, along with David Boies, a prominent liberal lawyer, have taken it upon themselves to overturn Proposition 8 all the way to the Supreme Court.

This article states his reasons for taking up the Gay Marriage case with hopes of ending the discrimination and injustice in this country. The Republican party has been struggling with their identity and have been trying to find themselves again. I think that they should take up with Mr. Olson to find out where to go – Freedom, Justice, and Family and not persecutive religious dogmatic status quo’ism.

Please take the time to read his view point. It is very compelling. And if you are really bored you can read my scrawlings on the gay marriage issue too.

Thursday, December 17th, 2009 | Author: James O'Neill

Gay Marriage Arguments Flow Chart

…from the Denver Element

Tuesday, December 01st, 2009 | Author: James O'Neill

The article Gay on Trial: Why more than marriage is at stake in the federal legal challenge to Prop. 8 (the American Prospect) has a great run-down on the current state of the gay rights movement especially in light of the famous lawyers David Boies and Ted Olson taking up the case.

The only part of the article that I find annoying is this following quote:

Prop. 8’s defenders seem most self-assured when speaking in broad axioms. According to the motion filed by the defense in Perry, “the purpose of marriage [has] always been to promote naturally procreative sexual relationships,” and “every civilized society in recorded history [has] limited marriage to opposite-sex relationships.” But when asked concrete questions, as the defense was at a pre-trial hearing in October, lawyers have been hard-pressed to come up with an answer.

Gay on Trial, Gabriel Arana; November 23, 2009

If they paid any attention to history or anthropology they would find this statement patently false. Marriage has not, in even a pseudo modern world, traditionally been done specifically for procreative or genetic ends. Marriage has been done for power, land, and influence, and love. The ability to bear children is a natural extension of power, love, and influence.

Historically there have been many societies that have revered or thought nothing of homosexuality. There have been even some societies where sex with the opposite sex was abhorrent and only done with the explicit necessity of bearing children to perpetuate their tribe. The possibility of not having and answer for this I find annoying, because it is easy to refute.

Thursday, October 15th, 2009 | Author: James O'Neill

I have posted a new article for the Milwaukee Examiner titled “My faith (part VII) – Conclusion.

Thursday, October 15th, 2009 | Author: James O'Neill

Nobel Prize

Obama received the Nobel Peace Prize (Obama: Nobel Peace Prize is ‘call to action’ [CNN], I was really, really shocked when I read this, especially as I read over the time-frame that this had to have happened – the first 12 days of his taking office. I think that this might have been a little bit premature of them, but I also find it a powerful and telling message of how much the change that Obama is the impetus for, and how much it is really, really needed not only for the United States as a country, but for the world to have faith in us as a a beacon of freedom and progress again.

Obama is powerful speaker and he is bringing that change to us that is sorely needed. He is moving in wonderful directions correcting problems that our country has had for a very long time, and just putting out a mandate of ’solve it’ where congress and the senate are working together to make it happen. This is such a wonderful thing. Hopefully, they will not screw it up too much. =)

Obama Speaks at the Human Rights Campaign

His message was powerful and affirming. For a while gay rights activists (such as me) have been not quite so sure where Obama has stood on the gay rights issue, but as of October 10th we shall no longer have any doubts. Our President is against discrimination and hate crimes and shall work tirelessly towards the passing of the Matthew Shepard Act, and the repealing of the the Defense of Marriage Act and the Don’t Ask, Don’t Tell act too. This is a wonderful day that can have us looking forward to the end of discrimination, prejudice, and bigotry in the laws of our great country.

Now that is change I can believe in.

HRC Speech – Part 1

HRC Speech – Part 2

HRC Speech – Part 3

Saturday, October 03rd, 2009 | Author: James O'Neill

I have posted a new article for the Milwaukee Examiner titled “My faith (part IV) – The influence of civil rights and globalization.

Tuesday, September 22nd, 2009 | Author: James O'Neill

I have posted a new article for the Milwaukee Examiner titled “My faith (part 1) – The beginning

Friday, June 26th, 2009 | Author: James O'Neill

I am a bit cranky that all the responses I posted to the BLog post titled “The Republican case for Traditional Marriage: a response to Maura Flynn ” by Jim Blazsik have not been approved. My first Response was June 16, and then I made 2 more – 1 on June 23 and 24. Currently, they are all still sitting in the moderator’s queue, so it seems that my only recourse is to publish it here and hopefully someone will see my response to it.

I have written at length about my support for the Gay Marriage issue and I will ask readers to peruse that for more information, especially since much of what I will post here is taken directly from that writing. Please forgive me a head of time. My writing may see quite stern and down right antagonistic, since this topic makes me really cranky, so take this all with a grain of salt..

Without further ado…

Jim Blazsik and His Arguments Against Gay Marriage

His entire argument against gay marriage is predicated on the following fallacious argument:

Marriage has always been considered between a man and women in all cultures, everywhere, and at all times.”

Now this is fallacious simply because it ignores contrary historical and anthropological facts. Ancient Greeks and Egyptians have recognized same sex marriage, and so have many indigenous peoples. The Greeks at one time revered male homosexuality, and it was not until the Catholic Church became dominant when this practice stopped and became heavily stigmatized. Marriage between homosexuals has been done even within Christianity at times.

Jim’s claim of heterosexual monogamy having been the only marital solution throughout humanity’s history is very lost and willfully ignorant of the truth. His claims show an acute and blind indoctrination into the ultraconservative teachings of the Catholic Church without regard for the harm that this causes others, and because of this it makes me quite angry.

What follows is most of what I posted over there and then little bit more since I have the time =):

Your Religious Basis for Discrimination

You (Jim B.) may have not explicitly mentioned the Bible, but you definitively equate “Natural Law” with populist and conservative Catholic morality in your arguments. Even your bio points to conservative Catholic views. You say the “Biblical Law” in all but name, and yet you patently ignore actual anthropological and historical evidence, as most conservatives like to do.

I have a list of quite a few links on the mythical “Traditional Family” and actual historical and anthropological evidence of alternative familial structures on my BLog page on Gay Marriage.

Redefining Marriage

Are we redefining marriage? No. We are merely accepting a marital structure that has  existed and has been accepted in humanity’s history. Marriage is continuously evolving and changing throughout all of history as my references definitively point out. It is really conservative Christianity that is trying to redefine marriage to promote oppression and bigotry.

Traditional Marriage and the Unnaturalness of it all

As many opponents to SSM would like to say “We are trying to save traditional marriage.” meaning life-long heterosexual monogamy.

Anthropological and historical fact, and even Biblical writings speak specifically to the invalidity of that phrase. “Traditional marriage” is a relatively new construct that has been attempted to be forced upon us by the Catholic Church following the Roman Emperor Constantine’s conversion, and the church’s mad grab for money and land. My references highlight the fact that what we consider “traditional marriage” is not really traditional at all. The romanticization of marriage started in European writings in the early to mid 1800’s which strongly contributes to magical ’soul mate’ or ‘the one’ factor common in our culture and standards and helped to cement the illusion “traditional marriage” into our culture.

Marriage has taken very many forms over the years from matriarchal and patriarchal polygamy, celibacy, to heterosexual and homosexual monogamy, even within Christianity, but the first recorded case of homosexuality was 2400 B.C.E in Egypt, and homosexuality is found throughout 1500 species in the world. Both of these facts tend to point to homosexuality (and bisexuality by extension) being a natural permutation of sexual expression within living creatures far beyond our recorded history. Of course, homosexuality could not be the statistical norm otherwise our species would die out, so in the interest of species perpetuation (by virtue of natural selection) heterosexuality has to be the majority.

Nature

No where in nature does marriage exist. Marriage is a human secular institution for bestowing specific rights, responsibilities, and privileges. Nature has never defined marriage. Nature has never written a book or a law, or given a speech, or anything else for that matter. “Nature” is an abstract concept that is being personified in a vain attempt to rationalize prejudice and fear mongering.

The only thing that nature has wrought via natural selection and necessity (within this context) is that heterosexuality is statistically the genetic majority to ensure that our species is perpetuated. That is it. Assuming that heteronormity as definitive nature’s plan for marriage is in incorrect. “Nature” does not have anything to do with marriage, since it cares not about secular institutions, it only cares about species perpetuation.

Marriage is a construct of humanity and it is us that cares about heterosexuality or homosexuality. Nature does not, especially since homosexuality exists in nature too. So, please do not use some slanted abstraction such as “nature” as a rationalization and a cover for prejudice within humanity’s institution of marriage.

Marriage and Sexual Intercourse is for Procreation Only

If you check my Traditional Marriage links you will find distinctly that marriage has not historically been done with the primary reason of procreation – lust perhaps, but not specifically procreation. I have never looked a woman and thought “I think we would have great children.” and then decided to pursue them solely based on that criteria (at least not on a conscious level). Marriage has been mostly about power, influence, land, or, more recently in humanity’s history, marriage has evolved to be primarily about love. Rarely has it been specifically about procreation. You could say that the existence of heterosexuality in humanity is for procreation and the perpetuation of our species. That I would believe.

Contrary to what some may say or think, but the act of sexual intercourse for most humans is not done solely for the intent of species perpetuation. Humans, as well as some primates and dolphins, if I remember correctly, are the primary species that have been found to engage in sexual play or intercourse for recreational purposes. Sex is not just for generating progeny. It is also for pleasure, bonding, and social interaction.

Of course, if you really are going to use this argument then those couples who chose to be celibate, who choose to not have children, or who are infertile should also not be allowed to get married. This would also apply to the elderly as well. It sounds as if you almost want to require a document to be signed by the couple to be married that they ‘will have children‘ otherwise you are not really married.

God? Whose God? What God?

Well, first you should understand that Jefferson was a Deist as were quite a few of our founding fathers, and note that in what you quoted they used the words “Nature’s God” and ‘Creator’ and they did not specify ‘God’ (full stop) in the Christian sense. You are most assuredly assuming and projecting that it is referring to Christianity when it most definitively is not. Had they meant that, they most assuredly would have said so.

Nature’s God could very well have been Artemis as some Wiccans may prefer. Our founding fathers were very careful about that. Hell, our Constitution was almost never ratified due to everyone clamoring for a bill of rights with a religious protection clause. Many believed in a deity of sorts, but the colonists were quite the diverse lot running running from the religious persecution of the Catholic church in Europe. They ranged from Unitarians, Universalists, Anglicans, Quakers, Catholics, Deists, Secularists, Humanists and so on, so the Christian God does not make a whole lot of sense historically and especially in light of how the documents are very carefully written and what history shows.

Separation of Church and State most definitely exists. Those specific words are not in the constitution, but the First Amendment most assuredly is.

Keep our government out of you religion, and keep your religion out of our government.

Tyranny?

Let us talk about the Tyranny of Conservative Christianity attempting to legislate religious morality upon the majority when, in fact, everyone is not Christian, nor your specific flavor of Christianity. This is also a violation of our constitutional rights with the little Separation of Church and State thing…

This sort of conservative tyranny is what has supported slavery, segregation, and the oppression of women, since all of those, in there time, were most assuredly conservative social values supported by the church. This conservative tyranny opposes cultural advancement and promotes maintenance of the status quo. It is a disease with which the United States (and many other cultures) has always struggled with, but fortunately civil rights and cultural progress eventually wins in the end.

The Winning Issue?

The winning issue is loving and supportive family structure with parents, regardless of whether they are single, married, homosexual or heterosexual. Homosexual or Heterosexual parents can both provide a loving and supportive home to children, which is more important than the individual genders of the parents.

This is just my humble opinion. =)

I think I have written enough for now.

Monday, June 15th, 2009 | Author: James O'Neill

Here is an indepth 3 part series by Melissa Griffin explaining how to get the Same Sex Marriage issue to the Supreme court will work since it is being taken up specifically for this goal: Part 1,Part 2, Part 3.

Wednesday, June 03rd, 2009 | Author: James O'Neill

Comedian, Deven Green, as Betty Bowers, America’s Best Christian, in this amazing and insightful video with a tang that takes a walk through the plethora of the Biblical examples of marriage to show how tame same sex marriage really is:

Betty Bowers Explains Traditional Marriage

Tuesday, May 26th, 2009 | Author: James O'Neill

It looks like California’s Proposition 8 Upheld by State Supreme Court. I find this a sad, sad result, and a little surprising. I guess I do understand why they did uphold it considering the scope of what was being challenged, but if the real issue of civil rights violation went before the US Supreme court, I think it would validate same sex marriage (California Supreme Court Summary News Release). =(

The main issue that seem to be addressed by the court were as follows:

  • Narrowness in scope of the change to the State Constitution and whether or not Proposition 8 was valid as an amendedment or was such a measure required to be run as a fundamental revision to the state constitution.

It is key to understand that they are not ruling on the Gay Rights issue itself, but in the validity of Proposition 8 as a change (in one way or another) to the California State Constitution, which is made pretty clear here:

The opinion emphasizes that it is not minimizing the significance that the official designation of “marriage” holds for both the proponents and opponents of Proposition 8, and explains that an accurate assessment of the actual effect of Proposition 8 on the constitutional rights of same-sex couples is necessary to evaluate the constitutional challenges that are advanced in this case.

I find the following quote really bothersome. This similar logic could be used to uphold a law that prevents interracial marriage from being legal, since its scope would be similarly narrow. This is a scary thought. =(

The court further unanimously held that the scope of Proposition 8 is narrow, limited solely to restricting the use of the term “marriage” to opposite-sex couples, while not otherwise affecting the fundamental constitutional rights of same-sex couples described in its earlier opinion in In re Marriage Cases (2008) 43 Cal.4th 757.

I also find it interesting that this case did not bring to front the violation of civil rights that banning same sex marriage is, and brings to front that the power of a scared majority can violate civil rights of a minority. I am frightened to think what would have happened had the internet (and the TV commercials) existed in its present form during World War II. I can only imagine a horrendous grassroots movement and a ballot item to round up and exterminate Germans or Japanese in a constitutional amendment of a state or two. Eeeeeeeek! =(

We did rounded them all up as an protective act during war time, but, I fear what would have happend had we had the communication capability then that we do now.

I really wonder if it is possible to appeal this to the US Supreme court on the ground of a violation of our Constitutional and Inalienable Civil Rights, and our Pursuit of Happiness.

The court also unanimously held that the new constitutional provision applies only prospectively, and does not affect the continued validity of the estimated 18,000 marriages of same-sex couples that occurred prior to November 5, 2008, when the new constitutional provision took effect. The challenges to Proposition 8 before the court were filed by numerous same-sex couples and public entities and were based solely on the provisions of the California Constitution and did not raise any federal constitutional claim.

… and this to me seems rather arbitrary and a method to appease gay-rights activists. It is good that this was done to save the 18,000 existing marriages or so. I may be a little bitter, but in taking a more objective look at it, this may have been the right thing to do.

People are quite scared to make this a US Supreme Court case and are avoiding it out of fear of extremist violence, and fear of being involved in what will be such a polarizing and protracted case. We need someone with some balls to take it all the way to the top and stop pussy-footing around the real issue here – an unconstitional civil rights violation being perpetrated by a politically active conservative Christian majority pining for their status quo.