Florida Agenda

I  was completely content to have kept a low profile my first night back in West Hollywood. I definitely wanted to save my “mojo” for the mandatory Abbey weekend marathon (drinks and eye candy Friday night, Saturday night and Sunday afternoon), plus I had totally gorged on dinner and could barely move after a five-course extravaganza at The Belvedere at The Peninsula Beverly Hills (www.peninsula.com/belvedere, 310.788.2306).

The Belvedere has been a staple in the L.A. dining scene since the early nineties, serving eclectic, innovative, and flavorful cuisine and receiving a long list of awards for its culinary ingenuity. The service here is impeccable. Career waiters and waitresses provide only the best service. Even the bus boys are refined and professional. And the food? Nothing less than spectacular. Each quality ingredient stimulates the senses, almost mocking the U.S. foodie revolution in which grease and bastardizing sauces have restructured the American conception of “flavor.” So what did I eat? Well to start: the “Saute?ed New Zealand Langoustines” with Chanterelle Mushrooms and Spinach, Russian Fingerling Potato Pure?e, Langoustine Reduction. Next, “Dungeness Crab Chowder” with Carrots, Basil and Dungeness Crab Souffle?; followed by “Golden, Red, and Chioggia Beet Salad” with Tangerines, Honey, Crispy Goat Cheese Pockets, Roasted Almonds and Saba. And for the main course, “Slow Roasted Scottish Loch Duart River Salmon” under Sun-dried Tomato-Yogurt Glaze with Chick Pea Fritter, Fiddlehead Ferns and Espelette Pepper Broth. So, really.

Who could party after a meal like that?

Well, it was now time to work off those zillions of calories, and start my day bright and early with a two-hour hard-core personal training session at The Bunker (www.beverlyhillsweightlosscenter. com, 310.860.0909), a private, innovative workout studio in Beverly Hills. Trainer Adam Ernster may be easy on the eyes, but he’s relentless when it comes to his tailored workouts and helping his A- to D-List clients achieve their goals. Adam’s “paparazzi- proof” clandestine studio makes him a favorite for celebs training for intense roles – like Ben Affleck in The Town, Bruce Willis for Die Hard 4 and Sylvester Stallone for Rambo 4. I admit that I was there for a private vanity party – to treat myself to the gospel of a true fitness guru and learn a fabulous workout routine to fit my crazy travel schedule. Adam left me delightfully crippled from our in-house session and all the wiser for keeping the body beautiful with the most random of objects in hotel rooms around the world!

After my workout, I ventured to the Spa Montage (www.spamontage.com, 310.860.7840) to relax the muscles I had so recently abused! I was scheduled for the signature “Surrender Experience,” which basically means that a highly trained “Surrender Therapist” creates a bespoke treatment based on personal preferences. I arrived an hour early to have the full spa experience and to relax in the co-ed mineral pool and enjoy a bit of time in the steam room. I wanted to treat myself to a deep tissue and, no doubt, my therapist, Rachel, stimulated the deepest of deep tissue. Her hands were absolute magic. I’m talking possibly the best massage I’ve ever had in my travel-writing career. I was also so impressed with the greater hotel product of the Montage Beverly Hills that I decided to book myself a room there on Sunday night to end my weekend in 90210-style.

By early evening, I made my way back to Rodeo Drive for my appointment at the House of Bijan (www.bijan.com, 310.273.644). On a street that defines exclusivity, Bijan stands out as ultra-exclusive. This internationally recognized, by-appointment-only store offers the latest menswear designs for the most discerning shoppers. The color coordinated upstairs private collection is displayed a like masterpiece of contemporary art – even the fresh flowers of these hyper-organized thematic closets match the intended color palate. Throughout his store and window displays, the dearly departed Mr. Bijan pays homage to the myriad countries and world leaders who have shopped at the House of Bijan.

I was so caught up in the haute couture and perfume-bottle bling that I lost complete track of time during my designated hour. But, alas, the weekend had officially started. I was parched and need a drink! I had a big alcohol-infused night ahead. First up: “O” Lounge, followed by a stroll down Santa Monica and then drinks, boys, drinks, boys, boys, drinks and more drinks at the Abbey. (www.abbeyfoodandbar.com, 310.289-8410).

By ALEX VAUGHN

Supporters of Proposition 8, California’s voter-approved ban on same-sex marriage, are asking that a judge’s injunction barring the measure’s enforcement be thrown out because the judge failed to disclose his involvement in a long-term same-sex relationship.

In August, then-U.S. Chief Judge Vaughn Walker ruled the measure violates the Constitution’s equal protection clause.

“Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples,” Walker wrote in his 136-page opinion.

But on April 6, Walker ended months of speculation by publicly disclosing “that he is gay and that he has been in a committed relationship for more than 10 years,” said a motion filed Monday by Proposition 8 backers. In previous press reports, according to the motion, Walker refused comment on his sexual orientation.

While the press reports do not address the question of whether Walker and his partner have any interest in marrying, the motion said, Walker should have either recused himself from the case or disclosed his sexual orientation “so that the parties could consider and decide, before the case proceeded further, whether to request his recusal.”

Walker, who retired at the end of February, told reporters earlier this month he didn’t think it was appropriate for any judge’s sexual orientation, ethnicity, national origin or gender to stop them from presiding over a case, according to a Reuters report.

“That’s a very slippery slope,” said Walker, who was appointed to the federal bench in 1989 by President George H.W. Bush.

But, argues the motion filed Monday, if Walker and his partner ever wanted — or thought they might want — to marry, he “plainly had an ‘interest that could be substantially affected by the outcome of the proceeding,’” it said, citing federal law regarding disqualification of judges.

“Only if Chief Judge Walker had unequivocally disavowed any interest in marrying his partner could the parties and the public be confident that he did not have a direct personal interest in the outcome of the case,” the motion said.  Same-sex marriage advocates decried the move.

“Supporters of Proposition 8 are grasping at straws because they don’t like the outcome,” said Michael Cole-Schwartz of the Human Rights Campaign. “If their real intent was to ‘protect marriage,’ they should argue that a straight married judge be disqualified since he would conceivably have an interest in protecting his own marriage. The argument is simply ridiculous on its face.”

The motion says that proceedings in the case have been “marked by a number of irregular and unprecedented rulings, both procedural and substantive, that give gravely disquieting force to the ‘appearance of partiality’ created by the belated disclosure of Chief Judge Walker’s long-term, committed relationship.”

It cites multiple examples, including the fact that Walker refused to stay his judgment pending appeal despite its “unprecedented nature … and its sharp conflict with the uniform judgment of appellate courts throughout the country.” As a result, the motion argues, the Ninth Circuit was forced to issue such a stay.

The Proposition 8 backers emphasize that in the motion, they are not suggesting a gay or lesbian judge could not hear the case — only that no judge should try a case where they might have an interest in the outcome. “We deeply regret the necessity of this motion,” it says.

“In this case, it is undeniable that Chief Judge Walker failed to make the required disclosure. At no point prior to the entry of judgment did Chief Judge Walker disclose that he is in a now 10-year long, committed same-sex relationship. And he has yet to disclose whether he has any interest in marrying his partner should the injunction he issued be upheld on appeal,” the motion said. “… Simply stated, under governing California law, Chief Judge Walker currently cannot marry his partner, but his decision in this case, and the sweeping injunction he entered to enforce it, would give him a right to do so.”

The civil rights challenge remains at the U.S. Court of Appeals for the 9th Circuit, and the issue remains unresolved, although a ruling is expected later this year. The court in December set aside Walker’s decision, which would have allowed same-sex marriages to resume in California.

Walker’s ruling assured a swift federal appeal that ultimately may reach the U.S. Supreme Court. One sticking point could be whether Proposition 8 supporters in court — all private citizens and groups — have legal “standing” to continue appealing the case.

If the appeals court rules they do not, the Supreme Court may not wade into the issue, some legal experts have said, giving no clear guidance on the constitutionality of same-sex marriage nationwide. The high court, in a 1997 unrelated appeal, expressed “grave doubts” about the ability of such private groups to challenge rulings that strike down ballot initiatives.

The state’s high court had allowed same-sex marriages in California, but then Proposition 8 passed with 52 percent of the vote in 2008. Prior to Walker’s ruling, the California Supreme Court allowed that initiative to stand, saying it represented the will of the
people.

The real problem faced by Prop 8 supporters real problem is that their case is seen now as profoundly weak, and relies almost entirely on archaic and rapidly eroding social prejudices against homosexuality. During the trial, they only called two witnesses, and that witness was unable to provide a factual basis for the assertions being made by Prop 8 supporters  that extending marriage rights to gays and lesbians would harm anyone. Conversely, Prop 8 opponents were able to demonstrate, in vivid detail, precisely how they were personally hurt by California’s decision to deny gays and lesbians their fundamental rights.

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SACRAMENTO, CA – The California State Assembly has passed a bill requiring the state’s schools to teach gay history. The bill is headed over to the desk of Governor Jerry Brown who is sure to sign the bill making it law. Once signed, California will become the first state to require the teaching of gay history.

Supporters say the bill is needed to counter anti-gay stereotypes and beliefs that make children in those groups vulnerable to bullying and suicide.

On my latest trip to Los Angeles, I decided to end my week in the “City of Angels” by going off the beaten path to remind myself that Los Angeles is indeed a coastal city. I don’t think I am alone in easily forgetting that L.A. borders the ocean. Like most, I definitely fall victim to the flash and fab vortex surrounding the Hollywood Hills and never make it to the see the great wide blue of L.A.

Instead of heading to Santa Monica, I journeyed further south to Redondo Beach, a relatively unknown California coastal delight. Redondo is actually a quick, straight shot south from LAX, which makes getting to the airport a hassle-free 20-minute experience, even during rush hour. In addition, this coastal area is a great spot for observing marine mammals.

Though Redondo lacks a five star property, the Portofino Hotel & Yacht Club (www.hotelportofino.com, 310.379-8481) is the next best thing (and they did recently add five new luxury suites as part of their $11 million dollar makeover). The Portofino is cozy, comfortable, and fits in perfectly with this seaside village and marina. The service is impeccable, the vibe totally relaxed. Half of the rooms face the rocky Pacific waterfront, inhabited by a gregarious colony of wild California sea lions. The hotel’s ocean-inspired lobby is modern and whimsical, continuing the maritime theme of surrounding King Harbor and the gorgeous yachts lining the marina.

As in most beach towns, the best part of Redondo Beach is old-fashioned fun in the sun. The Portofino provides complimentary bicycles to cycle along the beachfront and to enjoy the Strand Bike Path, which runs from Redondo Beach all the way to the Pacific Palisades. If you bike north, you’ll run into the Hermosa and Manhattan beaches, respectively, two of California’s surfing hotspots.

If your timing is right, it’s possible to witness the Gray Whale migration. Several fishing boats from the local pier double as whale watching excursions during the migration period. The migration ends now in late April, but will begin once again in December (provided the Japan’s toxic release into the ocean doesn’t kill the whales).

Another great outdoor adventure near Redondo is hiking in the Palos Verdes Peninsula and meandering through the majestic tidal pools of Malaga Cove. Hiking rapture can also be achieved on a rugged trail in search of The Dominator. The Dominator was a Greek freighter that crashed on the cliffs of Palos Verdes in 1961. The remains of the Dominator still exist and can be accessed from hiking trails originating on Paseo del Mar. If you are in to golf and want to support the Tea Party Comb-over movement, you can visit the 18 hole, par 71 Trump National Golf Course (www.trumpnationallosangeles.com), which is open to the public.

Furthermore, Redondo has a great dining scene. The Portofino’s restaurant, BALEEN Los Angeles (www.hotel portofino.com, 877-BaleenLA), is nationally renowned for its seafood-centric menu and its mesmerizing waterfront views. It attracts sizeable crowds from the greater L.A. area for an evening of seaside escapism. My entrée at BALEEN, the “Cane Sugar-Seared Ahi Tuna” with coconut rice, spicy papaya salad and, avocado/wasabi mousse, was nothing short of spectacular. Close by, Casa Pulido is a neighborhood institution that has been run by the Pulido family for years. It’s a dive of a Mexican joint, but a must visit stop for a taste of Old Redondo Beach. In terms of nightlife, Redondo Beach doesn’t have any, nightlife scene, but Pier Avenue in Hermosa Beach (near the Portifino) has bars ranging from surfer drives to trendy cocktail lounges. For a gay fix, however, you gotta head west back into West Hollywood!

Paul Rubio, LGBT Travel writer, has authored numerous articles and an award winning book Out Traveler: South Florida. Paul can be reached at editor@FloridaAgenda.com

A federal appeals court refused to let same-sex marriages resume in California while it considers the constitutionality of a 2008 ballot measure that defined marriage as the union of a man and a woman.
The Ninth US Circuit Court of Appeals had been asked last month to lift its suspension of an August, 2010, federal court ruling by Chief U.S. District Judge Vaughn Walker declaring the ballot measure unconstitutional, saying it discriminated on the basis of sexual orientation and gender.

Plaintiffs in a lawsuit challenging Proposition 8 cited the Appeals Court’s decision to put the case on hold while the California Supreme Court decides matters regarding whether the sponsors of the initiative, a conservative religious coalition called Protect Marriage, have standing under state law to appeal the ruling.  While the state court is not scheduled to hear arguments on that issue until September, it might take months more to rule before the case can return to the federal court.

“It is decidedly unjust and unreasonable to expect California’s gay and lesbian couples to put their lives on hold and suffer daily discrimination as second-class citizens while their U.S. District Court victory comes to its final conclusion,” said Chad Griffin in a statement.  Griffin is the chairman of The American Foundation for Equal Rights, which represents the plaintiffs.

CALIFORNIA – Orange County’s Crystal Cathedral has come under fire as several members of the choir speak out over their upset regarding a document they’ve been asked to sign that takes a strong stand against homosexuality.

The “Crystal Cathedral Worship Choir and Worship Team Covenant” recently handed out to members states that they should commit to being Christians by following the Bible in every way, the Orange County Register reported Tuesday.

Former and current choir members said they were particularly offended by a statement in the document that refers to homosexuality. Long-time church members say this is the first time they have seen the cathedral take a firm stand against homosexuality and are disturbed by it.

“I understand that in an era where images of family relationship and personal sexuality are often confused, Crystal Cathedral Ministries believes that it is important to teach and model the biblical view,” the covenant reads. “I understand that Crystal Cathedral Ministries teaches that sexual intimacy is intended by God to only be within the bonds of marriage, between one man and one woman.”

Sheila Schuller Coleman, daughter of the founder and senior pastor of the megachurch, issued a statement saying the document is intended to “clarify expectations placed on them as ministry leaders.” Coleman also apologized for the pain the covenant has caused some choir members.

Ann Moore Waltz, a long time church member and former choir member, said she does not agree with the statement in the covenant.

“If I were still in the choir and if that was presented to me, and if a gay person had walked out, I would have walked out with him or her,” she told the Register.

Don Neuen, the cathedral’s long time choir director, left the church last year because he disagreed with Gretchen Schuller Penner’s view that choir members should be “vetted” to make sure they are good Christians, the Register reported.

John Charles, a spokesman for the cathedral, was quick to say that the covenant does not mean gays are banned from the choir.

“This contract is to educate choir members about what our church believes in,” he said.

The Megachurch has been plagued by a series of controversial issues, including a bitter family rift that prompted the founder’s son, Robert A. Schuller, to split from the church. In addition there have been questions regarding and salaries and housing allowances for Schuller family members.

Crystal Cathedral Ministries filed for Chapter 11 bankruptcy on Oct. 18, citing debts of more than $43 million. The church has ordered major layoffs, sold property and cancelled its annual “Glory of Easter” extravaganza.

CALIFORNIA – Roy Ashburn, an antigay state senator, who made a name for himself over 14 years for opposing gay progress, came out on a California radio talk show this week. “I am gay… those are the words that have been so difficult for me for so long,” the 55-year-old divorced father-of-four told KERN radio.

Last year, Mr. Ashburn opposed a bill to establish a day of recognition to honour murdered gay rights activist Harvey Milk.

He has also voted in the statehouse against efforts to expand anti-discrimination laws and recognise out-of-state gay marriages. Mr. Ashburn said his votes reflected the way his constituents wanted him to vote, not his own “internal conflict”.

Mr. Ashburn said he felt the need to address rumours that he had visited a gay nightclub before his arrest on suspicion of drinking and driving in Sacramento on March 3.

He has been on leave since his arrest last week on suspicion of driving under the influence.

Mr. Ashburn, who represents California’s 18th district, said he does not plan to run for any public office after his term ends later this year.

EXCLUSIVE (Courtesy of dot429.com)

OAKLAND, Calif. – On Jan. 4, moments before making history at a special en banc session of the Superior Court of California by taking an oath of office to be the first openly transgender trial judge in the country, Victoria Kolakowski (who underwent gender reassignment surgery in 1991) spoke exclusively with dot429 in her dressing room at the Oakland Asian Cultural Center. Kolakowski expressed her excitement and humility.

“It’s been very hard as a transgender person. We’re a community that’s chronically under-and unemployed and I’ve encountered that sort of discrimination in the past, but we’re making so much more progress now. In terms of my career, I think part of it is hard work and perseverance, and part of it is good luck.”

Kolakowski’s parents and wife Cynthia Laird were her primary guests of honor at the ceremony. California State Sen. Ellen Corbett introduced Victoria as “a friend, a colleague, a trailblazer,” saying, “as we celebrate this new decade we mark our own start and our own first … We all know the tremendous hurdles that [Victoria] and the transgender community have overcome.”

Equality California’s Geoff Kors’ remarks compared Kolakowski’s running and winning to Harvey Milk’s victory when he ran for the Board of Supervisors in San Francisco. “It’s that shattering of the glass ceiling … I think about Harvey Milk and the things he really stood for – those are qualities that are so evident in Vicky.”

The historic ceremony was not without extreme recognition as Kolakowski received three standing ovations.

While Kolakowski’s primary purpose is to serve the County of Alameda as a trial judge, she made a point to acknowledge the history she is creating and even expressed that the moment served as her version of “It Get’s Better.” Underneath her newly acquired judge’s robe, Kolakowski wore a butterfly pin that was given to her by Sylvia Guerrero, mother of transgender teen Gwen Araujo, who was murdered in Alameda County eight years ago.

On Nov. 2, Kolakowski beat out prosecutor John Creighton 51 to 48, making her the first openly transgender trial judge in the United States. “I ran a campaign based on my qualifications and experience. The people elected me. It’s an extraordinary moment for the transgender and LGBT community.”

Gov. Arnold Schwarzenegger

SACRAMENTO, CA: California Governor Arnold Schwarzenegger has continued to defend against a federal judge’s ruling against Proposition 8 on August 4. Both he and Attorney General Jerry Brown are being heavily pressured by conservative groups to defend the vote to repeal the anti-same-sex marriage court decision that Proposition 8 was unconstitutional. Both Schwarzenegger and Brown, on behalf of the State of California, were named as defendants in the Position 8 case in which the constitutionality of the anti-gay measure and the state did not offer a defense in favor of Prop 8. And, with their refusal to fight against the appeal, right wing groups have asked the court to allow them to act instead. The court has informed the groups that since they can not enforce California laws, they can not speak on the law’s behalf.

California Gay Couples Continue to Wait

By JAMES MICHAELS

On Monday, August 16, 2010, the 9th U.S. Circuit Court of Appeals put an emergency stay to prevent the issuing same-sex marriage licenses in the state of California which was scheduled to begin on Wednesday, August 18.

On August 4, U.S. District Court Judge Vaughn Walker overturned the marriage ban known as Proposition 8. Vaughn ruled that Prop. 8 was unconstitutional stating that banning same-sex marriage in California violated the Constitutions’ equal protection and due process rights. However, his ruling put a stay on his order to allow time for proponents of Prop. 8 to pursue an appeal.

The three-judge appellate court panel said it wanted to consider the constitutionality of the state’s same sex ban. Sponsors of Prop. 8 petitioned the court to block gay marriages to resume until a determination from the appellate court could be made. They claimed that allowing same-sex marriages to resume while the case was being appealed could cause legal chaos if Prop. 8 was eventually upheld.

Lawyers favoring dropping Prop. 8 stated that they are encouraged that eventually the ban on gay marriage in the state would be permanently dropped and that they would not appeal the appellate court’s stay decision to the U.S. Supreme Court. However, they added they are will to take the constitutionality of Prop. 8 to the Supreme Court if necessary.

Oral arguments both for and against dropping Proposition 8 are scheduled to begin on December 6.