Today, on a 27-21 vote, the House Labor Committee approved the Employment Non-Discrimination Act (ENDA), H.R. 3685, which would ban discrimination in private employment based on “actual or perceived sexual orientation.” Many gay-rights groups, including most notably the national gay legal organization Lambda Legal, oppose the bill because it does not include “gender identity,” a […]
Author Archive | Dale Carpenter
Pragmatism, principle, and law in ENDA:
There is no federal law prohibiting discrimination based on sexual orientation in private employment, though such protection was first introduced by Bella Abzug in 1974. Courts have consistently read Title VII’s ban on sex discrimination to leave out protection from anti-gay discrimination. Currently, in 31 states, including all of the South and most of the […]
Republican mayor says “I Do” to SSM:
San Diego Mayor Jerry Sanders, a Republican, announced today that he’s changed his mind and now supports gay marriage: · I am here this afternoon to announce that I will sign the resolution that the City Council passed yesterday directing the City Attorney to file a brief in support of gay marriage. · My plan, […]
Maryland high court rejects gay marriage claim:
By 4-3, Maryland’s high court today rejected a claim for same-sex marriage under the state constitution. The opinion is more than 100 pages long and is studded with more citations to cases, law reviews and books (including, notably, William Eskridge’s Gaylaw), and sociological and scientific studies, than any case yet on the issue. The Maryland […]
A 90% solution?
David Blankenhorn, who came out against gay marriage in his recent book The Future of Marriage, now says he favors giving same-sex couples “90% civil unions.” Under his proposal, gay couples would get all the rights and benefits of marriage under federal and state law — but he would leave state laws (whatever they currently […]
California legislature passes gay marriage bill for second time:
Story here. Voting for gay marriage in 2005 had no discernible effect on the careers of those voting for it. California’s remains the only state legislature to vote for this. The governor will veto the bill, as he did in 2005, citing a popular referendum vote in 2000 against gay marriage. However, unless the state […]
“The guy that we get out of the hood”:
We’ve just been through the most analyzed five minutes anybody ever spent in a bathroom. But there’s still one little-noticed part of it that caught my attention. At one point during the taped exchange between Sen. Larry Craig and Sgt. Dave Karsnia of the Minneapolis airport police, Karsnia tries to shame Craig into admitting that […]
Iowa state trial court judge rules for gay marriage:
I haven’t seen the actual decision yet, but a Chicago Tribune story suggests that the judge was persuaded that limiting marriage to opposite-sex couples is a form of sex discrimination. That’s been a common and usually unsuccessful argument in gay-marriage cases. There’s apparently an immediate route available to the state supreme court, which could handle […]
The elephant in the room:
Whenever one of these morality scandals comes up – whether it involves homosexuality, adultery, or being on a list compiled by someone the media calls a “Madam” – it often involves a Republican. Critics love to charge Republicans with hypocrisy – preaching traditional family values to the rest of us by day while trolling bathrooms […]
Texas megachurch refuses to bury gay veteran:
In the ongoing culture war, this episode is eloquent: ARLINGTON, Texas (AP) — A megachurch canceled a memorial service for a Navy veteran 24 hours before it was to start because the deceased was gay. Officials at the nondenominational High Point Church knew that Cecil Howard Sinclair was gay when they offered to host his […]
More on that Tenth Circuit adoption decision:
In Finstuen v. Crutcher, the Tenth Circuit held that under the Constutitution’s Full Faith and Credit Clause (FFCC), Oklahoma could not refuse to recognize otherwise valid out-of-state adoptions by same-sex couples. Judge David Ebel (appointed by Reagan) wrote the opinion, joined by Judge Terrence O’Brien (appointed by George W. Bush). Judge Harris Hartz (also appointed […]
Oklahoma must recognize out-of-state adoptions by same-sex parents:
Tonight the Tenth Circuit, in Finstuen v. Crutcher, held unconstitutional under the Full Faith & Credit Clause an Oklahoma statute barring recognition of adoptions by same-sex couples finalized in another state. States usually recognize adoptions from foreign jurisdictions, but Oklahoma carved out an exception for adoptions by same-sex couples. Said the court: We hold today […]
Bridge collapse in Minneapolis:
I cross the 35W bridge that collapsed tonight at least twice a day to go to and from work, often during rush hour. Tonight I left my office at about 5:45 p.m. and took the 10th Ave bridge right next to the 35W bridge in order to avoid the congestion created by the recent construction […]
“Gay Marriage” or “Same-Sex Marriage”?
I don’t have a strong preference for either formulation, and I’ve certainly used both in blog posts and in other contexts. Neither is wrong or offensive, as Eugene notes. But in most contexts, if forced to choose, all else being equal, I opt for gay marriage. I do so for two reasons. First, “gay” is […]
Big win for SSM in Massachusetts:
By an overwhelming vote of 151-45, the Massachusetts legislature just rejected a proposed state constitutional amendment banning gay marriage. The amendment needed 50 votes to get on the ballot for a November 2008 referendum. Though it’s still possible for anti-SSM activists to press for an amendment in the next session they would have to begin […]