Florida Agenda

CLIFF DUNN

Along with who will be receiving his mail at 1600 Pennsylvania Ave. come January, one of the most compelling political questions about 2013 is what, if anything, the U.S. Supreme Court will “do” about the volatile and divisive issue of same-sex marriage.

High Court watchers say that the justices were expected to privately discuss marriage equality on Monday past, and at press time for the Florida Agenda there was speculation they could decide as early as yesterday, September 25, as to whether they would take up the constitutional challenge to the Defense of Marriage Act (DOMA), the 1996 federal law that denies financial benefits to gay couples, and possibly a second case relating to California’s Proposition 8.

Although oral arguments and a legal decision by the Supremes wouldn’t be handed down until next year (if at all), the justices are well aware of the political consequences—to both major parties—of even ruminating on the topic six weeks from a presidential election.

The legal “balls” in the air for the court to consider, should they so choose, concern whether the U.S. Constitution’s guarantees of equal protection nullify the California statute, as well as DOMA, which defines marriage as the legal union of one man and one woman.

In New York State, a woman challenged the federal law, saying it selectively and unfairly treats same-gender couples who have been lawfully married in their own states. In a separate but related item, the justices could also decide the constitutionality of Prop. 8.

In the case of the DOMA appeal, Edith Windsor had lived with her partner, Thea Spyer, as a couple in New York since 1967. They married out of state in 2007, at a time when New York State didn’t recognize same-sex marriage. When Spyer died three years ago, she left her estate to Windsor, who was required to pay around $360,000 in federal taxes on the inheritance, because the feds don’t acknowledge her “legal” status—even though New York now permits gay marriage.

Although a federal judge ruled in Windsor’s favor, her attorneys have asked the justices to hear the case now, leapfrogging the standard appeals process. “Edie Windsor, who recently celebrated her 83rd birthday, suffers from a serious heart condition,” said her lawyer, Roberta Kaplan. “Edie cannot yet receive a refund of the unconstitutional estate tax that she was forced to pay simply for being gay. The constitutional injury inflicted on Edie should be remedied within her lifetime.”

Last spring, a Boston-based federal appeals court struck down a key part of DOMA. The court ruled that the federal government cannot deny benefits to same-sex couples who were married in states where gay marriage is legal.

Enacted in 1996 by a Republican Congress and signed into law by President Bill Clinton, a Democrat, DOMA prohibits federal recognition of marriage equality, and says that states cannot be compelled to recognize such marriages contracted in other jurisdictions.

In the District of Columbia and six states—Massachusetts, Connecticut, Iowa, Vermont, New Hampshire and New York— marriage between two persons of the same gender is legal. In Washington state and Maryland, similar laws have been enacted, but voters have a chance to affirm or reject these measures in ballot initiatives this November (see the related story in this issue’s POLITICAL DESK, Page 11).

Five states—Delaware, Hawaii, Illinois, New Jersey, and Rhode Island—have legalized civil unions. Four—California, Nevada, Oregon, and Washington state—have established domestic partnerships, which provide many of the same rights as marriage, although in the last instance, lawmakers passed a full marriage law which is the subject of a November voter referendum (see above).

Wisconsin provides limited benefits under domestic partnership laws, and Maine voters will decide in November whether to maintain similar benefits, or go for the Full Monty for such couples (see POLITICAL DESK story, Page 11).

The remaining 33 states, including Florida, offer no such provisions. There are three other appeals that challenge the 1996 federal law, including 17 married or widowed men and women who are suing for their federal benefits and recognition. The high court could decide to wait until the appeals process has been exhausted before allowing a full review by the justices.

The two eggs in the Supremes’ basket concern separate, bi-coastal cases. In August, a federal appeals court ruled against the California prohibition of same-sex marriage, arguing that it unfairly—and unconstitutionally—singles-out gays. The three-judge panel of the 9th U.S. Circuit Court of Appeals ruled that Proposition 8 “works a meaningful harm to gays and lesbians” and violates their 14th Amendment protections.

In 2008, the California Supreme Court ruled that gay marriages were legal, opening the floodgates for 18,000 gay couples to obtain marriage licenses. A subsequent ballot initiative that passed by 52 percent of voters put the kibosh on further same-sex weddings. It also put California in the position of being the only state to first permit, and then prohibit, marriage equality. The three-judge panel of the 9th Circuit didn’t decide whether or not gays have the right to marry, they ruled on the voters’ right to make such calls.

Which brings us to the larger question: What will the U.S. Supreme Court do? The justices may decide that a fundamental constitutional right is threatened, and strike down the laws of states that only permit one-man one- woman matrimony. Or they might determine that states must recognize same-gender nuptials performed in other jurisdictions, while letting them keep their own laws intact. They may also wait out the full process of judicial appellate review (which lessens the likelihood of a final ruling in the Windsor decision during Edith Windsor’s natural lifespan).

The Supremes may also decide to wait out the demographic clock, under the assumption that the law will eventually “right” itself, with theoretical passage of the Respect for Marriage Act overturning DOMA, and obviating the necessity of a high court ruling.

What is certain is that both sides will have the first Monday in October—when the court returns from its summer recess—clearly marked on their own calendars.

PROVIDENCE, RHODE ISLAND — LGBT rights advocates say that marriage equality is likely to be on the agenda when Ocean State lawmakers convene for the legislative session in January. House Speaker Gordon Fox (D-Providence), who is openly-gay, has promised that if he remains leader of the House, he will call for a vote on gay marriage.

Fox says he’ll ‘‘work his backside off ’’ to promote the issue. He faces opposition in the State Senate, including from that chamber’s President, Teresa Paiva Weed.

Last year, Rhode Island’s General Assembly approved civil unions for same-sex couples. “We are in a New England state, and you can easily go across the state line to get married,” said Fox. ‘‘I want to have my marriage in the state of Rhode Island.’’

By JOE HARRIS

In November, voters in four states will be asked to make permanent— more or less—their jurisdictions’ treatment of marriage equality (or reasonable facsimiles thereof). Ballot initiatives in Maryland and Washington will determine whether marriage equality laws signed this year will stay on the books. In Maine, voters will decide once and for all, they presume, whether to allow gay marriage back into the Pine Tree State (where it was already signed into law—and overturned at the ballot box—in 2009). And in Minnesota, a constitutional amendment would enshrine marriage as the union of a man and a woman.

The Maine Event

AUGUSTA, MAINE – In 2009, state lawmakers enacted marriage equality, but it was overturned in the voting booth. Supporters of ballot Question 1 want to reinstate same-sex marriage. Both they and their opponents criticized the wording of the ballot question (“Do you want to allow same-sex couples to marry?”) as being too simplistic. Although Gov. Paul LePage, a Republican, has been silent about his position on the issue, in May he criticized the teachers’ union for endorsing it, and later vetoed the union’s pay bill. Polls suggest that most voters (58 percent) support the marriage equality referendum.

Freedom to Marry in the Free State?

ANNAPOLIS, MARYLAND – Supporters hope to pass an initiative repealing the state’s Civil Marriage Protection Act, which was enacted earlier this year in support of marriage equality. Survey data shows strong support for same-sex marriage in Maryland.

The Veep, the General, and the Gays

ST PAUL, MINNESOTA – Although gay marriage isn’t legal there, Republican lawmakers and conservative activists support a constitutional amendment to prohibit it from ever rearing its head in the North Star State. The ballot measure asks, “Shall the Minnesota Constitution be amended to provide that only a union of one man and one woman shall be valid or recognized as a marriage in Minnesota?” (Republicans want you to answer, “Yes.”)

The question’s opponents include former Vice President Walter Mondale (D-MN), Fortune 500 corporation (and Minnesota-based) General Mills, Thomson Reuters, Target, and U.S. Sen. Al Franken (D-MN).

Ever-Pink in the Evergreen State?

OLYMPIA, WASHINGTON- The state’s Referendum 74 would repeal the marriage equality law signed in February by Gov. Christine Gregoire, a Democrat. The referendum question asks voters to approve or reject the law, which “allows same-sex couples to marry, applies marriage laws without regard to gender, and specifies that laws using gender specific terms like husband and wife include same-sex spouses.”

The law also says that “After 2014, existing domestic partnerships are converted to marriages, except for seniors. It preserves the right of clergy or religious organizations to refuse to perform or recognize any marriage or accommodate wedding ceremonies. The bill does not affect licensing of religious organizations providing adoption, foster-care, or child placement.”

Major supporters of Washington state marriage equality include Amazon.com, Google, Microsoft, Nike, and Starbucks.

By JUSTIN FLIPPEN

As a former official voting delegate to the 2008 Democratic National Convention, I’m proud to see the Party of the People continue to stand for the equality of ALL the people of our nation, and move towards adopting marriage equality in the official party platform. Democrats recognize that our national community is truly a family and has many members, including LGBT Americans. President Obama’s leadership on—and the Democratic support of—LGBT equality are unparalleled in history.

The passage of the Matthew Shepard Hate Crimes Act, the repeal of Don’t Ask, Don’t Tell, legal efforts to overturn the Defense of Marriage Act (DOMA), and the advocacy that we LGBT Americans have the right to civil marriage and an equal and full seat at the table of American society, are all a direct result of persistent and successful efforts of grassroots and equality advocates, President Obama’s leadership, and Democratic congressional support.

Democratic support of LGBT equality, economic relief for the middle class, protection of our environment and national resources, development of clean and renewable energy, social justice, civil rights, and women’s rights are just a few of the important reasons to support the Democratic Party.

In 2012, we voting Americans owe a duty to ourselves and our posterity to re-elect President Obama, and to re-elect and elect Democrats to the Senate and House of Representatives.

Justin Flippen is a native South Floridian and the former Vice Mayor of Wilton Manors. He currently works for the Greater Fort Lauderdale Convention and Visitors Bureau promoting tourism-based economic development and marketing.

Over the weekend, Democrats set wheels in motion to endorse a pro-samesex marriage plank for the summer’s National Convention party platform, something that has long been lobbied by LGBT supporters and honorary gays like the DNC chair, U.S. Rep. Debbie Wasserman (D-Florida), whose 20th Congressional District encompasses a high concentration of LGBT residents and gay neighborhoods, including Wilton Manors.

Although marriage equality is a hotbutton issue on the state level, both major parties have steered clear of making it the central issue of the 2012 presidential campaign, with good reason: Republicans are scared of being labeled exclusionary or, worse, homophobic, and Democrats are nervous about getting tagged as provoking a culture war, and as of Monday, neither Democratic Party mandarins nor the Obama campaign wanted to talk about it.

White House spokesman Josh Earnest was equally tight-lipped, declining to comment during Monday’s press briefing. “The president’s position on this view has been well-chronicled, shall we say,” Earnest said. “But in terms of a specific reaction to the platform, I’d refer you to my colleagues at the DNC.”

There wasn’t much forthcoming from the Obama campaign, either. “The president’s personal views on marriage equality are known,” spokeswoman Clo Ewing said, stating the obvious and repeating a statement the campaign made last week, before the 15 members of the DNC platform draft committee met. “The president and the party are committed to crafting a platform that reflects the president’s positions and the values of the party.”

In Fort Lauderdale, Broward County Property Appraiser Lori Parrish applauded the DNC move. “’Equal rights’ means equal rights for all,” Parrish, who celebrates her own 25th wedding anniversary tomorrow, told the Agenda. “Most of the gay couples I know have been together longer than Geoff and I have,” she added, noting also that in America, marriage is more than about a commitment ceremony. “Families should be treated equally when it comes to social security, pensions,” and other considerations possessing legal status, Parrish said.

Openly-gay former Wilton Manors Vice Mayor Justin Flippen called it “Encouraging news,” adding that, “as an official voting delegate to the 2008 Democratic National Convention, I am pleased to see that the party of the people has moved towards a party platform of equality for all the people of the United States of America.”

In Miami-Dade County, North Miami City Councilman Scott Galvin and other openly-gay officials expressed support for Democrats taking the lead. “I’m thrilled to see my party leading the way,” Galvin told the Agenda. “The day is near when people will be surprised that such protections weren’t there all along. The Democrats get to call ‘first!’”

Six states have legalized same-sex marriage, and several others have ballot measures on the issue this fall. Although recognition of marriage equality is viewed as a boost to the Democrats’ efforts to energize the base, and pump up fundraising in the LGBT community, there are many voters—including many Democrats and independents in swing states—that remain opposed.

Former U.S. Rep. Travis Childers, a Mississippi Democrat unseated during the 2010 Tea Party fad, said that center-right “Blue Dog” Democrats like himself have misgivings about a pro-gay marriage plank. “It is not something that I would agree with, that part of the platform,” Childers said after Monday’s announcement. “I think the conservative Democrats, especially in the South—a great number will disagree with that.”

Opponents of marriage equality were more to the point. “They can kiss the presidential election, the House, and now the Senate goodbye,” said Brian Brown, president of the National Organization for Marriage. Although Brown concedes that gay donors and other contributors of a more progressive leaning may open their checkbooks as a result of the DNC plank, he predicts that “at the end of the day, San Francisco and Hollywood don’t elect the President of the United States.”

TAMPA—In Tampa for his first official engagements as President of the Southern Baptist Convention, Rev. Fred Luter stated his strong opposition to same-sex marriage. “I believe that nothing, nothing can be politically right if it’s biblically wrong,” Luter said told the Florida Baptist Witness.

“The Word of God says marriage is between one man and one woman,” he added, and insisted that “no president, no governor, no mayor, no politician, no individual can change that fact.” In spite of a congratulatory call that he received last month from President Barack Obama, shortly after his election as SBC president, Luter says that he is “totally against” Obama’s support of marriage equality.

“I told my congregation, I support our president. I pray for him, but on this same-sex marriage deal, I’m totally against it,” Luter said.

MIAMI – Last week, U.S. Rep. Ileana Ros-Lehtinen (R-Florida), became the first sitting House Republican to publicly announce her support of same-sex marriage. Ros-Lehtinen— whose 18th congressional district includes many LGBT constituents in Miami Beach, South Beach, and the Florida Keys—was featured speaker at the July 10 Washington, D.C. reception to launch Young Conservatives for the Freedom to Marry.

Ros-Lehtinen, who chairs the House Foreign Affairs Committee, immigrated to Miami from Cuba in 1969. She told the assembly of about 100 that “The right of individuals to lead their lives without government intrusion is a bedrock Republican, conservative value.” She added that this “is more than just about sexual orientation,” it is “about the fundamental rights that we all share as Americans.”

She added: “No one should have to deal with government red tape when it comes to committing themselves to those whom they love.” In 2010, Ros-Lehtinen—who turned 60 on Sunday—was one of 15 House Republicans to vote for the repeal of Don’t Ask, Don’t Tell. In 2011, Ros- Lehtinen became the first House Republican to co-sponsor the Respect for Marriage Act, which would repeal the Defense of Marriage Act (DOMA).

At Friday’s event, when asked by a reporter if she is a supporter of marriage equality, Ros-Lehtinen said, “I am.” She added—as if depriving an errant thought of its liberty—“No, I am.”

CORAL SPRINGS – Last week, the editor of community news and information Web site Coral Springs Talk.com called upon the mayor of Coral Springs and other area chief executives to sign on to the national “Mayors for Freedom to Marry Campaign,” the bipartisan association of U.S. Mayors who have pledged to support marriage equality for LGBT couples.

In a July 3 online posting, editor Sharon Aron Baron wrote, “The City of Coral Springs and Parkland have many residents that are in same-sex relationships, yet do not enjoy the same legal rights as their neighbors.” She called upon Coral Springs Mayor Roy Gold, and “other South Florida Mayors to join the other 240 Democrats and Republicans that are already showing their support.” Baron cites the “several South Florida Mayors that have signed up to show their support” for marriage equality, including Pam Donovan of Margate, Marilyn Gerber of Coconut Creek, Judy Paul of Davie, Gary Resnick of Wilton Manors, Mike Ryan of Sunrise, and Anne Salle of Oakland Park.

Quoting San Diego Mayor Jerry Sanders, a Republican and the chairman of Mayors for the Freedom to Marry, Baron wrote, “Allowing loving and committed couples to join in marriage has benefits not just for couples and their families—but also for society. Marriage encourages people to take responsibility for each other, provides greater security for children, and helps our country live up to its promises set forth in our founding documents. These are important values for a strong society, and we should encourage them.”

ORLANDO – The Boy Scouts of America (BSA) annual meeting in Orlando was the scene for respectful protest this week, as LGBT advocates and their supporters protested the ouster of a gay den mother by presenting a petition containing more than 275,000 signatures in support of reinstatement for the woman, Jennifer Tyrell of Ohio.

Among those on hand was Zach Wahls, the Iowa-based student whose speech in support of marriage equality went viral last year, becoming the most-watched political clip on YouTube in 2011. Wahls—himself an Eagle Scout—was raised by a lesbian couple, and is the author of “My Two Moms: Lessons of Love, Strength, and What Makes a Family,” which was released last month. He defended Tyrrell and condemned BSA’s removal of the den mother, who led her 7-year-old son’s Tiger Scout troop until her removal this spring.

“While today’s meeting was productive and thoughtful, the delivery of these petitions marks the beginning of this journey, not the end,” said Wahls. “I thought our dialog today was an honest one, and I’m looking forward to continuing the conversation in the months ahead. We leave today one step closer to religious and personal freedom than when we arrived, and it’s hard to be anything but thrilled about that.”

Wahls previously told the Huffington Post, “I learned in the Boy Scouts that bravery is not the absence of fear but the mastery of fear. But as long as this policy remains the official position of the BSA, that lesson will ring hollow. I learned in the Boy Scouts the importance of standing up for what’s right.” This weekend, Wahls and Tyrrell will travel to San Francisco to take part in this year’s GLAAD Awards, sponsored by the Gay and Lesbian Alliance Against Defamation (GLAAD).

Pop performer Kat Graham also appeared in support of Tyrrell this week, performing “Put Your Graffiti On Me” during “The Ellen DeGeneres Show,” while clad in a Boy Scouts uniform, to honor the ousted den mother.

NEW YORK, NY – Former Chairman of the Joint Chiefs of Staff and U.S. Secretary of State Colin Powell told CNN this week that he supports marriage equality. “I have no problem with it,” the former fourstar general said. “In terms of the legal matter of creating a contract between two people that’s called marriage, and allowing them to live together with the protection of law, it seems to me is the way we should be moving in this country—and so I support the president’s decision.” Powell, a centrist Republican who served as chairman of the Joint Chiefs from 1989 to 1993 under President George H.W. Bush, and as Secretary of State from 2001 to 2005 under President George W. Bush, supported President Obama’s 2008 election campaign.