WI gay marriage ban challenge OK

Judge says vote's wording "constitutionally defective"
Mike Miller — 11/29/2007 11:37 am

A University of Wisconsin-Oshkosh political science teacher's legal challenge to a state constitutional amendment banning gay marriage and civil unions can proceed, a Dane County circuit judge ruled Wednesday, throwing out a motion by the state to dismiss the lawsuit.

Judge Richard Niess ruled that William McConkey, an instructor, had legal standing to file the challenge to the ban, which was approved by 59 percent of Wisconsin voters in a referendum after receiving approval by consecutive sessions of the Legislature.

McConkey was representing himself when he filed the lawsuit last July, but in oral arguments Wednesday he was represented by longtime Madison lawyer Lester Pines. Pines said after the hearing that it is likely that he will continue to represent McConkey.

McConkey, of Baileys Harbor, is challenging the new constitutional amendment on the grounds the question put to voters essentially asked two questions in one, which violates another section of the state Constitution that says the people of the state must have the opportunity to vote for each question separately when amending the Constitution.

Assistant Attorney General Thomas Balistreri, who represents the state, filed a motion to dismiss the suit on the grounds that McConkey lacked legal standing to bring the action because he suffered no harm as a result of the amendment. Balistreri said even if McConkey could show his rights as a voter were violated because two questions were wrapped into one, "that's not enough for standing. You have to have harm as a result of the violation," he said.

McConkey, who described himself as a "Christian, straight, married" father of nine and grandfather of seven when he filed the lawsuit, is not directly affected by the ban on gay marriages or the ban on civil unions. But Pines argued that the proposed amendment violated the Wisconsin Constitution because voters had to endorse either both concepts in the question or neither, and therefore were deprived of their rights to oppose one or the other.

McConkey has standing to proceed in the lawsuit, Pines said, because his voting rights were violated.

Such legal arguments are usually supported by lawyers from each side citing previous cases in Wisconsin courts, or the federal courts, but a paucity of such cases left Niess with little guidance on the issue.

But he agreed with the argument posed by Pines that by containing two propositions in the same question -- banning gay marriages and banning civil unions -- the people were denied the right to vote on each.

"I believe there is a demonstrable injury to any voter who is required to vote on a question that is constitutionally defective," Niess said. "Voting is the very bedrock, the very lifeblood of the democracy we have," and needs to be protected "above all," the judge said.

The ruling means the lawsuit, in which McConkey's central argument is that the amendment violates the U.S. Constitution's guarantee of equal protections under law, can continue. It does not indicate what the eventual outcome will be.

The Wisconsin Family Council joined the state in seeking dismissal of the suit, filing a friend of the court brief.

Letter to Governor Culver

December 1, 2007

World AIDS Day – Take the Lead!

Dear Governor Culver:

I am a new citizen of Iowa, a registered Democrat, and currently a graduate student at the University of Iowa. Part of my desire to attend the University of Iowa, and pleasure in being accepted here, is that Iowa seems to have a much broader range of opinions than my previous state of Nebraska does. I was very happy to see the Governor of Iowa actually supported an annual workshop on LGBT youth in the state. I was also aware, being a frequent visitor to the Lambda Legal (an LGBT/HIV+ public interest law firm) website (http://www.lambdalegal.org/) that some same-sex Iowa couples were suing the state, for the equal right to marry. As someone working in the field of HIV prevention in Nebraska, I felt marriage equality was something that might actually help prevent HIV infections.

In the year 2000, outside organizations helped sponsor a constitutional amendment banning same-sex marriage in the State of Nebraska. While I didn’t agree with a constitutional amendment banning same-sex marriage, I also didn’t fully realize just how important this issue was, and continues to be, for the Gay and Lesbian communities. As the state coordinator for HIV prevention education, though, I soon recognized what an important statement this was making in Nebraska. At the same time that many people in power, along with many residents of the state, were bemoaning the “promiscuity” of gay men and asking, in regards to HIV prevention, “why don’t these gay guys get it?” they also wanted to deny them the power and ability to commit to one person and the rights and privileges that come with marriage. And they wanted it enshrined in the Constitution of the state no less, a state that carries the motto “All Equal before the Law.” I was appalled when, after that heavy outside funding, the constitutional amendment was passed by more than 70% of those voting. I was also strengthened in my resolve to leave the state – I don’t believe in running from standing up for what I believe, but Nebraska seemed then (and still seems today) to be a lost cause for the foreseeable future, at least in the fight for marriage equality.

Shortly after my arrival in Iowa City, the court case of Varnum v Brien was decided, in the Gay and Lesbian couples’ favor, with an almost immediate stay pending appeals to the Iowa Supreme Court. Speaking for myself, having both legal experience and HIV prevention experience, I think it’s vital to recognize and, for want of a better term, “normalize” gay and lesbian relationships. The time to stigmatize these individuals needs to be placed behind us. I feel societal respect, and equality, would go a very long way to giving our gay youth, and elders as well, a stronger sense of self-respect, that hopefully will result in better health outcomes.

The judge in the case seems to feel the same way. In fact, both parties in the case seem to feel the same way with over 100 issues declared to not be in dispute including this one, (#34) “As a result of their exclusion from the civil institution of marriage, Plaintiffs, their relationships and their families are stigmatized and made more vulnerable in comparison to heterosexuals. Through the marriage exclusion the State devalues and delegitimizes relationships at the very core of the adult Plaintiffs’ sexual orientation and expresses, compounds, and perpetuates the stigma historically attached to homosexuality, for them and all gay persons.”

This marriage equality movement is not attempting to force any religious organization to endorse, or even allow, same-sex marriages in their religious organizations. What is being asked for is equality in making a contract of marriage. Not allowing for marriage equality is giving the stamp of approval for continuing to ostracize the Gay and Lesbian community.

Governor, I am hopeful you will be able to see the benefits to the health and well-being of the Gay and Lesbian citizens of Iowa of supporting marriage equality. It is the logical next step, and the best step, to ensure Iowa remains at the forefront of equal rights for all its citizens. Iowa’s state motto is: Our liberties we prize and our rights we will maintain. Governor, please exercise your power as the leader of this state to stand up for the right of marriage equality. The motto of the 2007 World AIDS Campaign (http://www.worldaidscampaign.info/) is “Take the Lead.” Please feel free to do so.

Sincerely yours,

Buddy Housman
UI Graduate Student

Join HRC and One Iowa For Iowa's First Equality Workshops this December!

Come and join One Iowa and the Human Rights Campaign for Iowa’s first Equality Workshops. Through these Equality Workshops, we will discuss key issues facing the LGBT community on both a state and federal level, how to discuss these issues with your friends, family, neighbors, acquaintances, and the Presidential candidates, and why it is so important for our community to participate in January’s Iowa Caucuses. Mark your calendars to attend one of our Equality Workshops and learn how to get active in the Iowa Caucuses and beyond.

Ames: December 3rd @ 7:15pm – 9:00pm
City Hall
Council Chambers room
515 Clark Avenue
Ames, IA 50010

Iowa City: December 4th @ 7:15pm – 9:00pm
Iowa City Public Library
Room A
123 S. Lynn Street
Iowa City, IA 52240

Cedar Falls/Waterloo: December 5th @ 7:00pm – 8:45pm
Cedar Falls Public Library
Meeting Room
524 Main Street
Cedar Falls, IA 50613
Des Moines: December 6th @ 6:30pm – 8:00pm
Des Moines Public Library (Central Location)
Room 2 and 3
1000 Grand
Des Moines, IA 50309

For further information or to RSVP please contact James Taylor, One Iowa Caucus Director, at james@one-iowa.org or feel free to call at 515.710.0606.

Take One Iowa's LGBT Family Survey

... help us prove it!

http://www.iowafamilysurvey.org/

This survey is designed primarily to obtain information about how individuals in same-sex relationships and their families are treated in Iowa, although everyone may complete the survey. We encourage everyone, to the extent that the provided answers don't fully cover your experiences, to use the narrative sections in the survey to provide further insight on how your relationships are treated.

We encourage you to share this survey with any same-sex couples and individuals in same-sex relationships you know in Iowa. Please answer honestly and completely, your responses are confidential.

The survey will take approximately 5-10 minutes to complete.

Gay candidates victorious across the U.S.

11/07/07
FOR IMMEDIATE RELEASE

Contact: Denis Dison (202) 842-7308, denis.dison@victoryfund.org

WASHINGTON, D.C.—Dozens of openly gay and lesbian candidates running in municipal and state legislative races across the country won their elections Tuesday, according to the Gay & Lesbian Victory Fund. Of the record 71 candidates endorsed by the group in 2007, at least 31 won their races on Tuesday, while 10 were elected earlier this year. At least three more endorsed candidates received enough votes to advance to runoff elections.

Victory Fund president and CEO Chuck Wolfe said the growing number of out candidates demonstrates the gay community’s increasing involvement in electoral politics. “This is the path to change. We are not content to sit on the sidelines and hope that others do the right thing for our community. We will step up and lead the fight for a more equal and fair America, and we will win,” Wolfe said.

The Victory Fund’s 71 endorsements set a new record for an odd-numbered year in which there are no scheduled federal elections. In 2006, the group endorsed 88 candidates and it expects to endorse more than 100 candidates in 2008, according to Wolfe. He added that planning has already begun for next year’s races.

“2008 will be another record-breaking year for gay candidates, and they’ll need help to counter the inevitable attacks from anti-gay hate groups. We’ll be ready to fight,” Wolfe said.

Among the highlights Tuesday:

• Joel Burns, a candidate for the Fort Worth, Tex., City Council advanced to a December runoff election as the top vote-getter after being subject to anti-gay smears from an opponent.
• Craig Covey won his race for mayor of Ferndale, Mich., becoming the first openly gay mayor elected in the state of Michigan.
• Michelle Bruce, an openly transgender incumbent on the Riverdale, Ga., City Council was the top vote-getter in her race and advances to a runoff election.
• New Jersey State Assemblyman Reed Gusciora, who became the state’s first openly LGBT state legislator when he came out publicly during his current term, won re-election to his seat.
• Jeffrey Anderson was elected to the Duluth City Council, becoming the first openly gay elected official in northern Minnesota.
• Tim Eustace won his race for mayor of Maywood, N.J.
• Brian Bates, won a seat on the Doraville, Ga., City Council, becoming the first openly gay Republican ever to win office in the state.
• Lydia Lavelle won a seat on the Carrboro, N.C., Board of Aldermen, becoming the seventh openly LGBT candidate ever elected in the state.

Winning candidates Tuesday night include (alphabetical by state):

CA Steve Pougnet--Palm Springs Mayor
CA Ruth Atkin--Vice Mayor-Emeryville,CA (i)
CA Henry Lo--Garvey School District Board of Education (i)
CO Karen Kellen--Lakewood City Council
CT Mike Pohl--Manchester Board of Education
CT Adam Gutcheon--Windsor Board of Education (i)
GA Lance Rhodes--East Point City Council (i)
GA Kecia Cunningham--Decatur City Commissioner (i)
GA Brian Bates--Doraville City Council
MA Joe DeMedeiros--New Bedford City Council (i)
MA Denise Simmons--Cambridge City Council (i)
MA Timothy Purington--Holyoke City Council
MD Patrick Wojahn--College Park City Council
MI Craig Covey--Mayor-Ferndale
MN Greg Lemke--Moorhead City Council (i)
MN Jeffrey Anderson--Duluth City Council
NC Lydia Lavelle--Carrboro Alderman
NH Jonathan Cote--Manchester School Board
NJ Reed Gusciora--NJ General Assembly
NJ Randy Bishop--Neptune Township (i)
NJ Timothy Eustace--Mayor- Maywood,NJ
NY Jon Cooper--Suffolk County Legislator (i)
NY Debra Silber--Judge, NYC Civil Court (i)
NY Ken Zalewski--Troy City Council
PA Geri Delevich--New Hope Borough City Council (i)
PA Bruce Kraus—Pittsburgh City Council
TX Sue Lovell--Houston City Council (i)
TX Annise Parker--Houston Controller (i)
WA Tom Rasmussen--Seattle City Council (i)
WA Sally Clark--Seattle City Council (i)
VA Adam Ebbin--Virginia House of Delegates (i)

(i) = incumbent
Other races are too close to call. For up-to-date election results for all endorsed candidates, go to www.victoryfund.org.

The Gay & Lesbian Victory Fund is the only national organization dedicated to increasing the number of openly lesbian, gay, bisexual and transgender public officials at all levels of government. It is the nation’s largest LGBT political action committee. Since its founding in 1991, the Victory Fund has helped grow the number of out elected officials from just 49 to nearly 400 in the United States. For more information, visit www.victoryfund.org.

Permission

"Whose permission would you need to get married to the person you love?"

Winner of the Lesbian, Gay, Bisexual, Transgender Rights Award at the sixth annual "Media that Matters" film festival.

- Produced by Public Interest: http://www.publicinterest.tv
- Michael Franzini, President and Creative Director
- Dave Isser, Executive Producer

Let California Ring Campaign - Change Hearts and Minds

Our friends in California have been producing some pretty cool videos to help educate the public on marriage equality. Here is one of the better ones.

Coming out, going strong - Metro

Coming out, going strong - Metro
By: Matt Nelson - The Daily Iowan
Posted: 10/12/07

Students in hoodies and sweaters carrying signs and bearing slogans gathered on the Pentacrest on Thursday in the hopes that some day they wouldn't have to.

Sitting at the foot of the Pentacrest were approximately 10 supporters in support of both the 19th-annual National Coming Out Day and the Gay, Lesbian, Bisexual, Transgender, and Allied Union student group.

"There are a lot of people who are celebrating in their own way," said Laurie Eiserman, noting the low attendance. "Coming out is a constant process," added Cody Shafer, noting that the day fell in the middle of midterms for many people.

This year, the internationally observed National Coming Out Day coincides with the 20th anniversary of the Gay and Lesbian March on Washington as well as the presentation of the AIDS Quilt at the National Mall as a memorial to those who suffered AIDS-related deaths.

The recent controversy over a judge's ruling that the Iowa law limiting marriage to opposite-sex couples was unconstitutional provided a backdrop for the event.

The decision lasted fewer than 24 hours before the same judge stayed the ruling pending Polk County's appeal to the Iowa Supreme Court.

"Now, more than ever, it's important for students to know what we mean [by equality]," said Mark Anthony Dingbaum, who works for One Iowa, a gay-rights advocacy group that promotes equal access to marriage for same-sex couples.

As a member of One Iowa's Project Equality, which started this year, Dingbaum has helped organize educational events over the past year between One Iowa and the Gay, Lesbian, Bisexual, Transgender and Allied Union at the UI, including a meeting that was held last night at the Lesbian, Gay, Bisexual, and Transgender Resource Center.

The house opened last October to provide a space for students to interact and to serve as a resource for members of the gay community.

Shafer, one of the executive board members, said the push for same-sex marriage rights will likely be one of the defining issues for the movement in the state for the next few years.

And though organizers spoke warmly about the day, Haley Whitlatch expressed hope that National Coming Out Day might end at some point.

"More and more people are coming out every day," Whitlatch said. "Hopefully, 10 years from now, we won't need a Coming Out Day."

Same-Sex Marriage ...in Iowa?

This is a compilation of some clips from a class project of a University of Iowa student in the aftermath of the Polk County Court ruling.

Polk County Judge Rules in Favor of Marriage Equality

News coverage of the historic Polk County Court ruling and an interview with One Iowa's Executive Director.

Polk County Court Rules in Favor of Equality

FOR IMMEDIATE RELEASE:

FAIRNESS WINS IN LAWSUIT SEEKING MARRIAGE EQUALITY FOR SAME-SEX COUPLES
District Court Grants Equal Treatment to Same-Sex Couples

DES MOINES, IA - The Iowa District Court for Polk County District has issued its decision in a lawsuit seeking marriage equality for same-sex couples: Iowa same-sex couples deserve equal treatment under law.

"We're thrilled by this decision," said Carolyn Jenison, One Iowa's Executive Director. "This is a great day to be an Iowan and a monumental day in Iowa history."

A recent poll by the Des Moines Register found that a majority of Iowans support equal rights for same-sex couples in the state, 49% to 38%. Additionally, studies in New Jersey, New Hampshire, California, and other states have shown that equal marriage increases business and tourism revenues, contributing millions in new tax dollars to the state.

"This judgment is reflective of Iowa values," said Jessica Brackett, Director of the Marriage Initiative at One Iowa. "Iowans believe in fairness and equal rights for all of our citizens."

Current Iowa law provides no access for LGBT people to the myriad rights, protections, and responsibilities provided by marriage. One Iowa advocates for equal access to civil marriage, meaning religious marriages would still be left to individual churches to decide.

One Iowa is working with Lambda Legal to provide education surrounding the Iowa Marriage Equality lawsuit, which was filed in November of 2005 by Lambda Legal on behalf of six same-sex Iowa couples.

One Iowa, the state's largest LGBT rights organization, is dedicated to supporting full equality for gay, lesbian, bisexual and transgender individuals living in Iowa through grassroots efforts and education.

###

MEDIA CONTACT
Paul Whannel
Director of Communications
515-556-0296 cell
515-288-3240 office
paul@one-iowa.org

1,138 Ways - What's That Mean?

Welcome to the Official Blog of Project Equality. We are excited to offer this new feature to our fellow advocates of marriage equality in the state of Iowa. It is our hope that this blog will serve as an educational resource for those seeking more information on the movement towards equal marriage for all Iowans.

Bookmark us and check back often. You never know what new, exciting and informational materials will be waiting for you!