Friday, December 23, 2011

We like lists

We're closing in on the end of the year so the best/worst lists are appearing. I'll feature a great one -- 40 Reasons Why 2011 Was a Great Year For Gays created by Matt Stopera of Buzzfeed. I won't reproduce it here because the list comes with great photos.

Ari Ezra Waldman's list is about the legal aspects (he's a lawyer) of gay rights. He starts off with the lessons learned:

* Obama has been the "fierce advocate" he said he would be.

* Litigation can be more successful than disorganized political activism.

* The gay rights institutions sometimes called "Gay, Inc." can be relevant if they adapt to what gay people are actually like today.

An example of the success of litigation is the ongoing battle over Prop. 8, the Calif. gay marriage ban. The case has created several other rulings in our favor. Waldman wrote:
Still, look how far we have come: The Prop 8 litigation -- thanks to the American Foundation of Equal Rights (AFER), its legal team run by Ted Olson and David Boies -- gave us the first federal court decision declaring gay judges can be impartial on gay rights cases, and it gave us a federal court's declaration that no evidence exists to suggest that natural procreation was ever a purpose of marriage, that no rational reason exist for keeping gays and lesbians out of the institution of marriage, and that marriage discrimination is an example of state action that classifies individuals on the basis on sexual orientation, which merits heightened scrutiny. And, let us not forget that Perry gave us a forum to say that marriage discrimination is unconstitutional.
Marriage equality came to New York due to the efforts of Governor Andrew Cuomo and the local and national Gay, Inc.

The repeal of Don't Ask, Don't Tell (signed into law last year, but went into effect only last September) was an example of Democratic leadership, both by the Prez. and Congress. It is also an example of the need to pursue both a legal and political solution -- Congress didn't act until a legal case declared DADT to be unconstitutional.

Examples of Obama's leadership include his refusal to defend the Defense of Marriage Act in court, his declaration that court cases on gay rights must face heightened scrutiny, his emphasis on gay rights being human rights and a part of foreign policy, his stopping deportations of foreign spouses of married gay couples, and the extension of federal benefits to gay people.

Remember who our allies are when the election comes.

Alas, we must contrast all that good news with Michigan. Yes, indeed, Gov. Snyder signed the bill that prevents any level of government from offering domestic partner benefits. Snyder says the new law doesn't cover state university employees and doesn't affect classified state civil service. Analysts in the House agree with Snyder. Analysts in the Senate say it would affect all gov't employees, no exceptions. It appears Snyder signed it for purely economic reasons (save the cash-strapped state a few bucks), not out of actual malice to gays.

That malice came for the legislature. Between the Lines declares the legislature in 2011 to be the most hostile to gays in state history. That includes the partner benefits already mentioned plus proposals (as BTL calls them, which I don't think passed) to eliminate local anti-discrimination laws and do damage to programs for HIV/AIDS.

A big culprit, according to BTL, is term limits. Since frequent turnover is assured, legislators must go to the extremes of the party to get funding.

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