Oregon Marriage equality lawsuit: Judge to issue a decision Monday

For Immediate Release -- Friday, May 16

Contact: Peter Zuckerman, Press Secretary: 310-507-4689

Marriage equality lawsuit: Judge to issue a decision Monday

Some counties prepared to start issuing licenses right away

The federal judge in Oregon’s marriage equality lawsuit said he plans to issue an opinion at noon on Monday.

If judge Michael McShane strikes down Oregon’s law excluding same-sex couples from marriage, all loving and committed couples in Oregon could be granted the freedom to marry.
“We don't know which way the judge will rule, but we are hopeful that Oregon is on the verge of making history—and that by next week, all of Oregon's loving, committed couples will be able to wed in our state,” said Amy Ruiz, deputy campaign manager for Oregon United for Marriage.
Oregon United for Marriage launched a “Decision Day Resource Page” last week, for Oregonians anticipating the ruling.

On April 23, Judge McShane heard arguments on motions for summary judgment in the case. On Wednesday May 17 the Judge heard oral arguments from the National Organization for Marriage, which filed their motion to intervene in the case at 11:04 p.m. two days before oral arguments.
So far, more than a dozen judges have ruled for the freedom to marry since the U.S. Supreme Court struck down key parts of the so-called Defense of Marriage Act last year. Once Oregon wins marriage equality, Multnomah County has said that it plans to start issuing licenses right away to gay and lesbian couples.

BACKGROUND ON THE CASES:
Attorneys filed two lawsuits last year in the federal court in Eugene to challenge laws that exclude same-sex couples from marriage in Oregon. In October, attorneys Lake Perriguey and Lea Ann Easton filed the first case, Geiger v. Kitzhaber, on behalf of two couples. In December, staff attorneys for the American Civil Liberties Union, the ACLU of Oregon, and volunteer counsel Misha Isaak and Tom Johnson of Perkins Coie, LLP, and Jennifer Middleton of Johnson, Johnson & Schaller, PC, filed a second case, Rummell v. Kitzhaber,  on behalf of two same-sex couples who wish to marry in Oregon and Basic Rights Education Fund. In January, the judge, Michael McShane, consolidated the two cases.

Oregon Attorney General Ellen Rosenblum announced in February that Measure 36 is indefensible. “Sexual orientation does not determine an individual’s capacity to establish a loving and enduring relationship,” she wrote in a brief filed with the court. “The ban cannot withstand a federal constitutional challenge under any standard of review.”

The National Organization for Marriage in Washington D.C. filed a motion to intervene in the case, and now the judge is hearing arguments about how to rule.

Presidential Proclamation: June 2012 is Pride Month for Lesbian, Gay, Bisexual, and Transgender

In a proclamation that was distributed earlier this month President Barack Obama has declared June 2012 as Lesbian, Gay, Bisexual and Transgender Pride Month for the third year in a row. This year also marks the President’s open support of marriage equality for all people.

You can read his full proclamation below:

Lesbian, Gay, Bisexual, and Transgender Pride Month, 2012
By The President Of The United States Of America

A Proclamation
From generation to generation, ordinary Americans have led a proud and inexorable march toward freedom, fairness, and full equality under the law ‑‑ not just for some, but for all. Ours is a heritage forged by those who organized, agitated, and advocated for change; who wielded love stronger than hate and hope more powerful than insult or injury; who fought to build for themselves and their families a Nation where no one is a second-class citizen, no one is denied basic rights, and all of us are free to live and love as we see fit.
The lesbian, gay, bisexual, and transgender (LGBT) community has written a proud chapter in this fundamentally American story. From brave men and women who came out and spoke out, to union and faith leaders who rallied for equality, to activists and advocates who challenged unjust laws and marched on Washington, LGBT Americans and allies have achieved what once seemed inconceivable. This month, we reflect on their enduring legacy, celebrate the movement that has made progress possible, and recommit to securing the fullest blessings of freedom for all Americans.

Since I took office, my Administration has worked to broaden opportunity, advance equality, and level the playing field for LGBT people and communities. We have fought to secure justice for all under the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act, and we have taken action to end housing discrimination based on sexual orientation and gender identity. We expanded hospital visitation rights for LGBT patients and their loved ones, and under the Affordable Care Act, we ensured that insurance companies will no longer be able to deny coverage to someone just because they are lesbian, gay, bisexual, or transgender. Because we understand that LGBT rights are human rights, we continue to engage with the international community in promoting and protecting the rights of LGBT persons around the world. Because we repealed “Don’t Ask, Don’t Tell,” gay, lesbian, and bisexual Americans can serve their country openly, honestly, and without fear of losing their jobs because of whom they love. And because we must treat others the way we want to be treated, I personally believe in marriage equality for same-sex couples.

More remains to be done to ensure every single American is treated equally, regardless of sexual orientation or gender identity. Moving forward, my Administration will continue its work to advance the rights of LGBT Americans. This month, as we reflect on how far we have come and how far we have yet to go, let us recall that the progress we have made is built on the words and deeds of ordinary Americans. Let us pay tribute to those who came before us, and those who continue their work today; and let us rededicate ourselves to a task that is unending ‑‑ the pursuit of a Nation where all are equal, and all have the full and unfettered opportunity to pursue happiness and live openly and freely.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim June 2012 as Lesbian, Gay, Bisexual, and Transgender Pride Month. I call upon the people of the United States to eliminate prejudice everywhere it exists, and to celebrate the great diversity of the American people.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of June, in the year of our Lord two thousand twelve, and of the Independence of the United States of America the two hundred and thirty-sixth.

BARACK OBAMA

Washington DC Court Rules Against Foes of Marriage Equality

HRC just announced a big victory for marriage equality in DC. Today the DC Court of Appeals ruled against foes of DC marriage equality who had wanted to put an initiative on the ballot to invalidate same-sex marriages entered into in the District.

Click here to read the whole story.

New Hampshire House Rejects Gay Marriage Ban

The advocate reports: The New Hampshire house of representatives rejected a proposed ballot initiative to define marriage as a union between one man and one woman.

House members voted against the initiative by a margin of 201-135 Wednesday afternoon. Supporters needed the votes of 60% of house members to get the initiative on the ballot, according to the Associated Press. The state legislature last year passed a marriage equality bill, which went into effect January 1.

According to the Union-Leader newspaper, sponsors of the initiative attempted to delay the vote until March 17, but that move was also rejected.

If the initiative had ended up on the ballot in November, it would have needed the approval of two thirds of voters to pass.

Meg Whitman Promises $100 million to Support Anti-Gay Marriage Prop 8

Equality California just announced that Yes on Prop. 8 supporter Meg Whitman has just wrote a $20 million check to her campaign to become the next Governor of California. She has also said she will spend more than $100 million of her own money to buy herself the job.

But unlike our current Republican governor who has refused to defend Prop. 8 in federal court and who has signed dozens of LGBT rights bills, Whitman has advocated for eliminating our right to marry. If elected, she would likely defend Prop. 8 in court with taxpayer dollars, not to mention what she could do with the stroke of a pen to pro-LGBT bills that pass the legislature.

While it is unlikely we could match her dollar for dollar, we can fight her anti-equality efforts on the ground.

Every dollar you give to Equality California will go directly to help elect 100% pro-equality candidates and stop candidates like Meg Whitman. With the recent election of Scott Brown to the U.S. Senate seat in Massachusetts — with the financial support of anti-LGBT groups like the National Organization for Marriage — our opponents have renewed vigor to win as many seats as they can across the country to prevent us from ever achieving equality.

Click here to help support EQCA and Marriage Equality today!

Please do what you can and be sure to pass this message on, it is an important one.

Details from Day 3 of California Prop. 8 trial

( Mercury News)
9:17 a.m.: Cross-examination of Yale professor
Day 3 of the Proposition 8 trial is rolling with the resumption of testimony from George Chauncey, a Yale history professor and plaintiffs expert on the history of discrimination. He is under cross-examination from David Thompson, a Proposition 8 lawyer who is trying to undercut the professor's testimony that gays and lesbians have been the target of unrelenting discrimination through history, including in modern times. Thompson has asked about television and movies on gays and gay issues, such as the TV show "Will & Grace" and the 1993 movie "Philadelphia." And he is asking Chauncey about presumed improvements in the political arena, with gains in gay rights through ordinances around the country and in the California legislature.

The trial day will be expert-intensive. The plaintiffs will later put on Edmund Egan, chief economist for San Francisco; Ilan Meyer, a mental health expert from Columbia University; and Letitia Peplau, a UCLA expert on the benefits of marriage.

The U.S. Supreme Court is expected to decide later today on the issue of broadcasting the trial on YouTube.

9:51 a.m.: Yale professor on hot seat during cross-examination
Yale Professor George Chauncey remains in the hot seat under cross-examination from Proposition 8 lawyer David Thompson. Thompson continues to pound on the theme that gays and lesbians no longer face widespread discrimination, and in fact are gaining in political power. Chauncey is not buying entirely in that argument. "The bottom line is that there has been a significant shift in public opinion toward acceptance of gay rights, correct?" Thompson asked.

"There has been a shift in public opinion and growing support for gay people, and gay people continue to encounter enormous hostility," Chauncey replied.

Interestingly, the Proposition 8 legal team is leaving much of the cross-examination of the plaintiffs experts to Thompson, a studious-looking lawyer in lead attorney Charles Cooper's law firm, Cooper & Kirk. Thompson, in fact, is managing partner in the firm and has no problem questioning academics from the Ivy League: He's a Harvard law grad himself. Thompson is no stranger to conservative legal fights, either. Among other cases, he aided in defending a legal challenge to California's Proposition 209, which banned public affirmative action programs.

10:06 a.m.: Former Miss California Carrie Prejean mentioned
The judge has taken his morning break, but not before the inevitable happened: mention of defrocked beauty queen Carrie Prejean, who drew controversy last year for opposing same-sex marriage. Proposition 8 lawyers played a clip of San Francisco Mayor Gavin Newsom saying Prejean was being unfairly maligned for speaking her mind, planning to question Yale Professor George Chauncey about it. Chief U.S. District Judge Vaughn Walker, however, agreed with plaintiff lawyers that the line of questioning was irrelevant and spiked the idea of asking Chauncey about the Newsom comment.

Chauncey is close to winding up his stay on the stand.

11:27 a.m.: Yale professor winding down testimony
As Yale Professor George Chauncey winds down his testimony, plaintiff lawyers have decided to roll out some fresh artillery to try to undercut the Proposition 8 legal team's effort to argue that gays and lesbians face a diminishing threat of discrimination. Proposition 8 attorney David Thompson used that approach in cross-examining Chauncey, who now is back under questioning from plaintiffs attorney Therese Stewart.

To set up some questions for Chauncey, Stewart is playing video of a Dec. 1 deposition of William Tam, one of the leading Proposition 8 sponsors and one of the intervenors in defending the law in the federal court case. Tam just last week asked to be let out of the case as a defendant because of concerns he faces threats and harassment from same-sex marriage advocates, and Walker has yet to rule on that attempt.

Tam, in the deposition, describes his role in mobilizing rallies during the Proposition 8 campaign, often through churches, and spurring support for the measure in the Asian-American community.

11:35 a.m.: Letter from Prop. 8 backer likens same-sex marriage to legalizing sex with children
Therese Stewart, San Francisco's chief deputy city attorney, shows Yale Professor George Chauncey a letter authored by leading Proposition 8 backer William Tam during the campaign. Tam likens allowing same-sex marriage to efforts to legalize prostitution and legalizing sex with children. Stewart asked Chauncey if the letter "reflects a lower hostility level" toward gays and lesbians.

"This is consistent in tone with a much larger history of anti-gay rhetoric," Chauncey replied.

A reminder that the plaintiffs have Chauncey on the stand to establish a history of discrimination against gays. The legal importance is for plaintiffs to try to get gays and lesbians deemed a "protected class" that warrants greater protection under the federal constitution. The U.S. Supreme Court has given that status based on race, religion and gender, but not for sexual orientation.

12:15 p.m.: UCLA professor to testify on positives of same-sex marriage
The Prop 8 trial is on lunch break until 1:40 p.m. Yale professor George Chauncey is done testifying after about a full day on the stand. Next up for the plaintiffs is Dr. Letitia Peplau, a UCLA professor being called to testify on the positive benefits of marriage for same-sex couples, and the impact on them of denying the right.

11:54 a.m.: Video of Prop. 8 supporter William Tam played in court
The plaintiffs continue to play the videotaped deposition of William Tam, one of the leaders of the Proposition 8 campaign, as Yale Professor George Chauncey remains on the stand (almost as an afterthought at this point). In the depo, Tam answers a variety of questions about why he opposed gay marriage, including what he perceived as a threat to children. He testified that children would opt to be gay if they know same-sex marriage is permitted. "Since it's in the air, then they think, why not?" Tam said in his deposition.

The plaintiffs are expected to call Tam as a witness in the trial Friday. A thrust of the lawsuit will be an attempt to persuade Walker that Proposition 8 was driven by animus against gays, and Proposition 8 supporters are certain to be grilled on that topic.

1:48 p.m.: Next witness is UCLA prof
The Prop 8 trial has resumed for the afternoon session. Letitia Peplau, a UCLA professor, is taking the stand for the plaintiffs as a social-psychology expert who is expected to testify to the benefits of marriage for same-sex couples.

Meanwhile, everyone is waiting for the U.S. Supreme Court to decide the issue of allowing the broadcast of the trial on the Web. The Supreme Court had stayed Judge Vaughn Walker's order allowing cameras until 1 p.m. today, but that time came and went. The nation's high court apparently moves on its own time.

2:25 P.M.: Supreme Court indefinitely blocks YouTube broadcasts
With a 5-4 ruling, the U.S. Supreme Court has decided to keep the Prop 8 trial dark on the Web, rejecting Judge Vaughn Walker's attempt to broadcast the proceedings on the federal court's Web site by using YouTube., as well as allowing it to be circulating for viewing at various federal courthouses around the West. The majority opinion said that Walker and officials with the 9th Circuit Judicial Conference, including Chief 9th Circuit Judge Alex Kozinski, did not follow proper procedures in changing federal court rules that would allow the broadast. The majority stressed that it was not "expressing any view on whether such trials should be broadcast." Justice Stephen Breyer, writing for the four dissenters, decried the decision, saying there was no reason to interfere with the broadcast and that there would not be any harm in allowing the webcast.

Meanwhile, UCLA prof Letitia Peplau, a plaintiffs expert, is testifying on research she says shows that same-sex couples enjoy the same benefits from marriage as heterosexual couples. She also said he will offer an opinion that allowing gay marriage will have no impact on heterosexual marriage.

2:44 p.m.: UCLA prof says 2 percent of marriages would be same-sex
UCLA prof Letitia Peplau has completed her testimony under questioning from plaintiffs lawyers. By trial standards, her testimony moved pretty quickly as she told the judge her opinion that allowing same-sex marriage would not damage the institution, as Prop 8 supporters suggest. She noted that even if gay marriage is allowed, only about 2 percent of all marriages in the nation would be same-sex. "I think it would have no impact on the stability of heterosexual couples," Peplau testified.

Prop 8 attorney Nicole Moss is now cross-examining Peplau. It appears she will question whether there is sufficient evidence to back up Peplau's conclusions about same-sex couples and the importance of marriage to their relationships.

3:36 p.m.: Bizarre exchange of the day
As the Prop 8 trial gets close to the end of the day, bizarre-question exchange of the day just took place. Prop 8 lawyer Nicole Moss was trying to ask plaintiffs expert Letitia Peplau, a UCLA prof, whether gay couples could "accidentally" have children out of wedlock. "If your question is whether two lesbians can, accidentally, spontaneously, impregnate each other, not to my knowledge," she said, prompting laughter in the courtroom. "I would agree that same-sex couples do not have accidental pregnancies."

3:29 p.m.: A closer look at the Supreme Court ruling on broadcasting the trial
A closer look at the U.S. Supreme Court's ruling indefinitely barring any broadcast of the Prop 8 trial shows the difference between the majority and dissenters boiled down to two things. The majority (Justices Roberts, Alito, Thomas, Kennedy and Scalia) concluded that Chief Judge Vaughn Walker did not follow federal law in changing rules to allow cameras in his courtroom for the trial, in large part because they believe he didn't allow enough time for public comment on changes to local federal court rules. And the justices also determined that Prop 8 supporters demonstrated there could be harm to their fair trial rights because certain witnesses could be intimidated by broadcast exposure, reason to keep the stay in place.

The dissenters (Breyer, Ginsburg, Sotomayor and Stevens) couldn't have disagreed more. They said Walker easily followed the rules, and rejected the idea Prop 8's defense would suffer any harm. They called the decision an unprecedented attempt to "micromanage" a district court's administration.

Same-sex marriage advocates can only hope the justices don't break down along the same party lines if the main issue reaches the high court.

Meanwhile, Letitia Peplau, the plaintiffs expert, is sparring with Prop 8 lawyer Nicole Moss under cross-examination, feuding over data about gay marriage in Belgium.

4:20 p.m.: Day 3 testimony ends
The third day of the Prop 8 trial is in the books. Chief U.S. District Judge Vaughn Walker quickly commented on the Supreme Court's order banning broadcast of the trial, suggesting there are issues yet to be resolved as far as posting video of the trial on the federal court Web site. It seemed to be a reference to the fact that Walker's larger plan to webcast via YouTube was never approved by the 9th Circuit's chief judge before an appeal went to the Supreme Court on part of his order, which would have allowed simulcast of the trial to five other federal courthouses. But Walker made it clear he doesn't want the issue to sidetrack the trial.

Meanwhile, UCLA prof Letitia Peplau finished her testimony. Tomorrow's plaintiffs witnesses include Edmund Egan, San Francisco's chief economist, and Helen Zia, a lesbian woman who married before Prop 8 went into effect.

(Read Howard Mintz's recap of the day's proceedings in the Proposition 8 trial later today online on this Web site and in tomorrow's Mercury News, Contra Costa Times, Oakland Tribune, and other Bay Area News Group papers. Return to this Web site for live coverage of the Proposition 8 trial tomorrow and each and every day court is in session).

Prop 8 Plantiffs Fight for Right to Marry - Video

Federal Prop 8 trial plaintiffs Paul Katami and Jeff Zarrillo appeared on the Today show.

First day of court in the federal challenge to Prop. 8

AP News Report:

The case will decide a challenge to California's gay marriage ban that was approved by voters in 2008, and the ruling will likely be appealed to the U.S. Supreme Court. How the high court rules in the case could set the precedent for whether gay marriage becomes legal nationwide.

"This could be our Brown vs. Board of Education," said former Clinton White House adviser Richard Socarides, referring to the 1954 Supreme Court decision that outlawed racial segregation in schools and other public facilities. "Certainly the plaintiffs will tell you they are hoping for a broad ruling that says that any law that treats someone differently because of sexual orientation violates the U.S. Constitution."

The case marks the first federal trial to examine if the U.S. Constitution permits bans on gay marriages, and the challenge is being bankrolled by a group of liberal Hollywood activists including director Rob Reiner and producer Bruce Cohen.

The judge:

Presiding over the case is U.S. District Court Chief Judge Vaughn Walker, a Republican named to the bench in 1989 by the first President Bush. Walker, who has a reputation as an independent thinker, was randomly assigned the lawsuit, put it on a fast-track to trial and has said he thinks it raises serious civil rights claims. During a pretrial hearing in August, the judge pointedly scolded Schwarzenegger for remaining neutral "on an issue of this magnitude and importance."

What is A Heterosexual Woman's Right to Marry In New York Worth?

I saw this great article on Queerty this morning and knew I had to share it with you all!

"Homos aren't the only ones livid over yesterday's marriage defeat in New York. Jamie Frevele, a heterosexual New Yorker gal, is pissed too. Jamie, you see, was born with the right to marry the person she loves, because she is a straight person. But she's a single gal in the big city, and believes it's unlikely she'll be exercising that right anytime soon. So she's auctioning it off to the highest bidder. We'd say something about how the auction is "open to all," but let's be honest: While homos can bid, they can never win.

Before eBay takes it down — immutable rights can't be sold, can they? — go here to see the auction item. Jamie, a media industry vet, tells Queerty that any proceeds will go to The Point Foundation, the mentoring group for LGBT youth. For the curious:

New York State has voted down marriage equality. A lot of people just don't believe all adults should be allowed to get married, usually for religious reasons, which is silly because you need to obtain a license from the state to get married, and there's a separation of church and state in this country, so denying someone the right to get married based on their sexual orientation is actually against the Constitution. The 14th Amendment, actually: Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

I'm an unmarried heterosexual woman, and since I probably won't be using my right to get married, I would like to give it away. I would like to sell it to the highest bidder and donate the proceeds to an organization that supports LGBT rights since the government designed to protect all of us is picking and choosing based on what they think is icky, weird, or unkown to them.

Bid now, and you can have my super wonderful privilege and legal ability to get married as many times as you want in a classy place like the one pictured. You don't have to know the person, you don't have to like them, you don't have to think through your decision to get married or anything – you can just do it! Because you can! Come on, it's cool to get married, and think of the pictures you'll have to show people of this person that they will definitely think is so wrong for you and probably is! But heavens to BETSY, do NOT marry someone of the same gender because that would be a mockery of the institution of marriage.

And if it doesn't work out, just get divorced. Half the cool people who get married do that anyway.

I will write you up a fancy, wonderful, articulate proclamation handing over my right to get married. I have no official documentation because this is something I was born with since I was born heterosexual. Unfortunately, this is only a symbolic gesture. However, since I'm picky and difficult, it's probably something that, if a physical object, would have been considered pristine and shiny after some dusting. Your bid, on the other hand, is real, and the donation you make to an organization that supports those who have been treated as second-class citizens will be well worth it.

I have not named an organization yet because I thought I would see if anyone wanted to join me on this journey rather than drag them into something they're not serious about, ready for, etc.

Happy Bidding!

Jamie Frevele

Free shipping included.

Defying Inequality: The San Francisco Concert

If you live in the San Francisco/Bay Area, love music and support LGBT Equality, then head over to the Palace of Fine Arts on Monday, October 26th for Defying Inequality: The San Francisco Concert.

This concert will be featuring celebrity performances and appearances by the cast of WICKED and other many other celebrity guests.

The concert will begin at 7:30 pm and the Post-Event VIP Carnival will begin at 9:30 pm.

For more information or to buy tickets, check out their website at http://www.defyinginequality.com/sanfran/

Charlize Theron Won't Marry Until Everyone Can

Actress Charlize Theron told the ladies of The View recently that (like Brad Pitt and Mehcad Brooks), she won't get married until GLBT couple are allowed to marry.


"I don't want to get married because right now the institution of marriage feels very one-sided, and I want to live in a country where we all have equal rights...I have so many friends who are gay and lesbian and would so badly want to get married, and I wouldn't be able to sleep with myself."

Spread the word to help repeal DOMA

Although we are thrilled about our victories allowing tens of thousands of same-sex couples across the US to finally be able to join in marriage, we are far from true marriage equality.

The Defense of Marriage Act (DOMA), a law enacted in 1996, prevents the federal government from recognizing any same-sex marriage.

Spread the word to help repeal DOMA

Just click the link below to send a message urging Congress and the president to advance legislation to repeal this backwards law.
http://www.RepealDOMAnow.org

This hurtful and discriminatory law is denying millions of Americans the full federal rights of marriage including Social Security survivors' benefits, equal treatment under U.S. immigration laws, the right to take family and medical leave to care for a spouse, and much more.

There's no time to lose! Legislation to repeal DOMA is closer than ever to being introduced.
Now is the time to let Congress and President Obama know that DOMA must go. Please join me in sending a message urging them to push forward legislation to repeal DOMA.
http://www.RepealDOMAnow.org

Once you've sent your message to Washington, please help get the ball rolling by forwarding this message to your friends and family and asking them to join you.
Thanks for your help!

Ben and Jerry's Show Their Support for Gay Marriage

In celebration of the beginning of Gay marriage in Vermont, Ben and Jerry's Ice Cream are celebrating by renaming of one of their most popular ice cream flavors, “Chubby Hubby” to “Hubby Hubby.”

In partnership with Freedom to Marry, Ben & Jerry’s hopes to raise awareness of the importance of marriage equality and, to show their support, they will serve “Hubby Hubby” sundaes in Vermont Scoop Shops throughout the month of September.

Ben & Jerry’s has a long history of commitment to social justice, including gay rights. Its partnership with Freedom to Marry, a national leader in the movement for marriage equality, aims to raise awareness of the importance of marriage equality and to encourage other states to follow the blazing trails of Vermont, Massachusetts, Connecticut, Iowa, and Maine. Freedom to Marry promotes the national conversation about why marriage equality matters and brings together partner organizations into a larger whole – a shared civil rights campaign.

“At the core of Ben & Jerry’s values, we believe that social justice can and should be something that every human being is entitled to,” said Walt Freese, Chief Executive Officer of Ben & Jerry’s. “From the very beginning of our 30 year history, we have supported equal rights for all people. The legalization of marriage for gay and lesbian couples in Vermont is certainly a step in the right direction and something worth celebrating with peace, love and plenty of ice cream.”

To kick off the celebration, Ben & Jerry’s and Freedom to Marry will be publicly supporting the first marriages of gay and lesbian couples in Vermont and raising awareness for marriage equality and how to take action by driving consumers to freedomtomarry.org. By logging onto the site, people can show their support, sign a Marriage Resolution Petition, have conversations about why marriage matters and learn more about how they can support the cause.

“It’s not polite to talk with your mouth full, but the most important thing that all us ice cream lovers can do to support the freedom to marry is speak with the people we know about why marriage matters and the need to end marriage discrimination in every state”,” said Evan Wolfson, executive director of Freedom to Marry. “Thanks to Ben & Jerry’s, starting those needed conversations has never been sweeter – and thanks to Freedom to Marry, we all now have a great excuse to eat more ice cream.”

For more information on why marriage equality matters and to take action in your state, please log on to freedtomarry.org. To find your local Ben & Jerry’s Scoop Shop or learn more about Ben & Jerry’s social mission, log onto www.Facebook.com/benjerry. Also, don’t forget to visit us on http://www.benjerry.com/.

About Ben & Jerry’s

Ben & Jerry’s produces a wide variety of super-premium ice cream and ice cream novelties, using high-quality ingredients including milk and cream from family farmers who do not treat their cows with the synthetic hormone rBGH. The company states its position on rBGH on its labels. Ben and Jerry’s products are distributed nationwide and in selected foreign countries in supermarkets, grocery stores, convenience stores, franchise Ben & Jerry’s Scoop Shops, restaurants and other venues. Ben & Jerry’s, a Vermont corporation and wholly-owned subsidiary of Unilever, operates its business on a three-part Mission Statement emphasizing product quality, economic reward and a commitment to the community. Contributions made via the employee led Ben & Jerry’s Foundation in 2008 totaled over $1.9 million. Additionally, the company makes significant product donations to community groups and nonprofits both in Vermont and across the nation. The purpose of Ben & Jerry’s philanthropy is to support the founding values of the company: economic and social justice, environmental restoration and peace through understanding, and to support our Vermont communities. For the full scoop on all Ben & Jerry’s Scoop Shop locations and fabulous flavors, visit http://www.benjerry.com/.

About Freedom to Marry

Freedom to Marry is the gay and non-gay partnership working to win marriage equality nationwide. Launched in 2003, Freedom to Marry is headed by Evan Wolfson, nationally recognized as a central "architect of the marriage equality movement." Freedom to Marry guides and focuses this social justice movement on a nationwide level, serving as a strategy and support center for national, state, and local partners, a catalyst that drives and shapes the national debate on marriage equality, and an alliance-builder fostering support from non-gay allies.

Will Maine Lose Gay Marriage Rights?

Maine's election officials announced today that they had received enough signatures to put an anti-gay marriage law on the November ballot, setting the stage for a two-month campaign that'll determine whether the number of states allowing same-sex marriage will shrink to five.

Maine's gay marriage law was to go into effect on Sept. 12, but it was put on hold while the secretary of state's office verified the number of signatures. With the signatures validated, Gov. John Baldacci on Wednesday signed a formal proclamation putting the gay marriage law to a statewide vote Nov. 3.

"I fully support this legislation and believe it guarantees that all Maine citizens are treated equally under our state's civil marriage laws," Baldacci said. "But I also have a constitutional obligation to set the date for the election once the secretary of state has certified that enough signatures have been submitted."

The announcement was anticipated.

Gay marriage opponents needed at least 55,087 registered voters signatures for the "People's Veto," and they turned in almost 100,000 signatures. Secretary of State Matthew Dunlap said officials stopped counting once they found that 60,391 of the submitted signatures were valid.

Election officials were facing a deadline of Sept. 4 -- 60 days before the election -- to certify the signatures. Otherwise, the vote would've had to wait until June.

Jesse Connolly, campaign manager for NO on 1/Protect Maine Equality, said it's no surprise that so many signatures were collected because professional signature gatherers were used. "Theirs is a cynical, pay-for-every signature approach that doesn't reflect the homegrown values of our state," he said in a statement.

The Rev. Bob Emrich, who supports the repeal of the gay marriage law, brushed aside the criticism.

"The facts are that tens of thousands of Maine citizens signed the petition," said Emrich, the minister at Emmanuel Bible Baptist Church in Plymouth. "Now we'll be on the ballot and we'll let the people of Maine make the decision."

Maine became the fifth state to allow gay marriage when Baldacci signed the bill on May 6, and New Hampshire became the sixth when Gov. John Lynch signed a bill less than a month later. New Hampshire's law goes into effect Jan. 1. Massachusetts, Connecticut, Vermont and Iowa also allow same-sex couples to marry.

Sorce: Boston Globe

The New "Yes on Gay Marriage" Video

Yes On Gay Marriage has been making great strides in their efforts to establish equal rights for the LGBT community. They have been to several Pride events around the United States this summer delivering their message and hearing what others had to say. The overwhelming support that they received was phenomenal.

Everywhere they went people were saying it without reservation and with passion. They knew they had to record the energy that people had for this cause. During San Francisco Pride they took a Video Camera around and asked people to declare, “I Say Yes On Gay Marriage.”

Watch the video and know that we are not alone in our convictions. There are millions of people just waiting to be heard.

California Lesbian Couple Faced Discrimination at Fresno Hospital

Discrimination of LGBT couples is one of the main reasons our community needs to have the same rights as heterosexual married couples. If the couple in the article below had been legally married, there would have never been a question of visitation rights or medical power of attorney.

This article comes from the Los Angeles Examiner and was written by Kevin Lynch.

"As I was laying there all alone, I wondered how many people from the LGBTQ community die by themselves because they are denied a basic right. The thought frightens me."

That's what Kristin Orbin, 29, said about her ordeal at Fresno Community Hospital and Medical Center on Saturday, May 30th.

Orbin and her partner of 3½ years, Teresa Rowe, 30, who live in Northern California, were in Fresno for Meet in the Middle 4 Equality, an event protesting the California Supreme Court's ruling upholding Proposition 8.

After marching 14 miles in Central Valley heat, Orbin (who is epileptic) collapsed and suffered three grand mal seizures. A doctor at a first aid center had difficulty finding her pulse, so he called 911.

Orbin said the discrimination started as soon as the paramedics arrived.

"By that time, I was going in and out of consciousness. The paramedics wanted nothing to do with Teresa and she had to practically fight them to be allowed to ride in the ambulance. I remember one of them was very nice and agreed to let her ride with me in the back. Once we got to the hospital, they wheeled me into a hallway and left me, refusing to allow Teresa to be with me."

Orbin said the paramedic told the nurse on duty that she had collapsed after marching 14 miles for civil rights, and the nurse gave her a dirty look and said "ooooh." She continued, "I asked if Teresa could come back with me, but the nurse told me I was in a no visitor zone. When I asked her why everyone else had visitors, she said 'those people are different'."

Orbin said she went to sleep at that point, but she was awakened by a nurse giving her the benzodiazapine Ativan, a drug that causes her to have severe migraine headaches. It was then that she discovered just how bad the situation had become.

"Teresa was finally able to make her way up to the front desk and convince them to get a cell phone to me. When I talked to her, she said she had told the nursing staff not to give me Ativan, but they refused to listen to her. They refused to take my medical cards from her. They refused Teresa's offer to have my advance directive and power of attorney faxed over from UCSF."

Orbin said she asked the nurses several times if Rowe could join her, but each time they refused.

"They just kept looking at my Marriage Equality shirt and giving me dirty looks," she said.

Orbin and Rowe were not reunited until a doctor intervened a few hours later.

"When the doctor arrived, I asked him if Teresa could join me," Orbin said. "He asked me why she wasn't already with me, and I told him the nursing staff told me I was in a no visitor zone. The doctor gave me an odd look and said, 'I will take care of that'. He left the room, and a few minutes later Teresa came in, but she said she was told by the front desk that she could only stay for a few minutes."

However, Orbin said the nursing staff suddenly had a change of heart while the doctor was present and allowed Rowe to stay with her until she was discharged. "They finally figured out that we were not happy and one of the nurses came up and told Teresa that she could stay," she said. "Once she was back there people started being more kind to us, but I truly believe they were just trying to cover themselves."

The couple said they have never experienced such blatant discrimination. They are both so upset over the incident that they have contacted the ACLU for legal advice. Orbin said it was particularly upsetting that the hospital staff continually refused to acknowledge Rowe as her spouse, and failed to treat either of them with kindness or respect.

Another reminder of just how much work needs to be done to achieve true equality in the United States.

New Hampshire Passes Gay Marriage Bill

"If you have no choice as to your sex, male or female; if you have no choice as to your color; if you have no choice as to your sexual orientation; then you have to be protected and given the same opportunity for life, liberty and happiness."

These were the words of Rep. Anthony DiFruscia, R-Windham, during the hour long debate over New Hampshire's Same-Sex Marriage bill.

And with a 198-176 vote in the house, New Hampshire became the sixth US state to allow same-sex marriage. The bill has the approval of Governor John Lynch, who is expected to sign it later this afternoon.

Lynch, a Democrat, personally opposes gay marriage but decided to view the issue "through a broader lens."

Originally, Lynch said he would veto gay marriage if the law didn't "clearly spell out that churches and religious groups would not be forced to officiate at gay marriages or provide other services."

The revised bill added a sentence specifying that all religious organizations, associations or societies have exclusive control over their religious doctrines, policies, teachings and beliefs on marriage.

It also clarified that church-related organizations that serve charitable or educational purposes are exempt from having to provide insurance and other benefits to same sex spouses of employees.

Vermont, Maine, Iowa, Connecticut, Massachusetts and now New Hampshire all have legalized same-sex marriage. The only remaining state in New England without marriage equality is Rhode Island where Governor Donald Carcieri supports the National Organization for Marriage. However, after being polled, the majority of citizens in Rhode Island do support same-sex marriage, so there is still hope.

Sad News on the Marriage Equality Front

What most of us expected, and dreaded, came true today. In a 6-1 ruling, the California Supreme Court made the decision today to uphold Proposition 8, the initiative that took away the right to marry from same-sex couples in California

However, on a more positive note, the court did rule that the 18,000 same-sex marriages that took place last year after the court’s previous ruling that gays and lesbians could not be denied the right to marry each other, would remain valid.

Although the immediate impact of the decision is on the status of marriage for same-sex couples, the real question for the court was deciding what kinds of changes to the Constitution make it an amendment, requiring only a simple majority vote of the electorate, and what make it a revision, requiring a two-thirds majority in both houses of the Legislature and a simple majority vote of the people. By ruling that Prop 8 was truly an amendment, the court found the will of the majority (in California) is enough to strike down the rights of a minority because doing so does not change the fundamental nature of the governmental process.

However, LGBT activists believe that this interpretation of Proposition 8 takes away fundamental safeguards for all minority groups, showing another example of how the power of a majority over an underrepresented and historically oppressed minority can prove to be devastating.

So what happened to the words of our Constitution, "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." Do these words only apply to some? Are we really just second class citizens?

Well, the one thing I do know is that this is not the end of marriage equality in California. In 2010 there will be another initiative before California voters that will try again to overturn Prop 8. And with five states now allowing gay marriage, and more expected to join this year, it is only inevitable that same-sex marriage will become legal in California, it will just be a matter of time.

Keith Olbermann's Gay Marriage Stimulus Plan

Last Monday evening, MSNBC's Keith Olbermann made the Republican Party chairman Michael Steele the main subject of his “WTF!?! Moment.” Olbermann did an amazing job of "smacking down" the GOP leader's newest theory about same-sex marriage costing small business owners too much money. In fact, Olbermann even offers a solution, he has his own idea for a Gay Marriage Stimulus Plan. This clip is definitely worth watching!

May 26, 2009: Prop 8 Decision Day

The California Supreme Court has just announced that on on Tuesday, May 26, they will release their decision on the fate of Proposition 8.

As the Courage Campaign put it, "The court will either uphold the Constitution, recognizing equal protection under the law, or uphold discrimination, taking away fundamental civil rights from a minority."

If you would like to hear the courts decision as soon as it is released releases it, the Courage Campaign is offering an email alert service that you can sign up for at:
www.couragecampaign.org/DecisionDay

And please remember, on Saturday May 30th, at 1:00pm, no matter what the court decides,
thousands of marriage equality supporters from across California will "Meet in the Middle for Equality" to celebrate or protest the Supreme Court's ruling at Fresno City Hall.

Nearly 100 organizations are mobilizing members for this amazing event in the heartland of California. "Equality Express" buses are leaving from several locations across the state. If you don't already have a spot reserved, think about car pooling with your friends to Fresno. For more information you can check out their web site at: www.meetinthemiddle4equality.com