Towleroad Talking Points: An Historic Night

 PHOTO OF THE DAY: Four more years for the President!

BY SAM GREISMAN

A look back at the top stories following an epic night

ELECTION 2012

Woo! What a night last night was. Barack Obama has been re-elected in what was not nearly as close a race as some on the right believed it would be. It's eerie how close Nate Silver's projections were to the actual numbers. Obama was eloquent and stirring in his acceptance speech that came at nearly 2am on the East Coast. After what seemed to be initial stubbornness against his obvious defeat, Mitt Romney was short and to the point when he conceded. But boy was it sweet to hear!

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GAY RIGHTS

It was not only a huge night for the President but it was a massively historic moment for LGBT rights. Marriage equality was successful at the ballot for the first time ever. Marriage equality passed in Washington state, Maine and Maryland. Also in Minnesota a measure intended to constitutionally ban gay marriage was defeated. All in all a complete landslide for equality, whatever Brian Brown may want his supporters to believe.

There were also some huge victories for LGBT and LGBT friendly candidates in Senate and House races. Tammy Baldwin became the first openly gay U.S. Senator with her victory in Wisconsin. In New York Sean Patrick Maloney will be the first openly gay Congressman from the state. And pro-gay candidate John Tierney held onto his seat in Massachusetts. Also good news out of a local race in Troy, Michigan, where the anti-gay mayor was finally ousted.

It was just a stunning night. Even socially moderate Meghan McCain was able to find solace in the LGBT, not to mention the marijuana, wins.

Oh and in other gay news, John Travolta isn't gay. If we are to believe Kirstie Alley.

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VIDEO OF THE DAY

It was certainly a late night last night, although not as late as some may have anticipated. For the second election in a row, Diane Sawyer may have hit the bottle.

The Moment of Victory Against Minnesota's Anti-Gay Amendment: VIDEO

Here's the stress, and the exhaustion, and the anticipation, and the worry, and the euphoric joy of a victory wrapped up in a single video.

At 1:45 a.m., Campaign Manager Richard Carlbom of Minnesotans United for All Families announced to campaign staff and board members that the vote on the proposed constitutional amendment to ban same-sex marriage in Minnesota was too close to call. As he was about to end his remarks and tell everyone to get some sleep, the news came that the Associated Press had confirmed the defeat of the amendment.

Check it out, AFTER THE JUMP...

Decision 2012: Obama, Baldwin, Maloney, Marriage Equality, and What It All Means

BY ARI EZRA WALDMAN

Last night, we re-elected Barack Obama as President of the United States. He is the first sitting president to be a true, unflinching, and fierce ally of our community: he supported our service members' right to serve openly, our right to sit by our ailing loved ones in the hospital, our right to the same federal benefits opposite-sex marriage couples get, our right to be free from workplace harassment and discrimination, and, of course, our freedom to marry.

And, the freedom to marry did pretty well last night, too. In Maine, marriage won at the ballot. In Maryland and Washington, voters retained the legislatively passed civil marriage laws. That means that Mainers, Marylanders, and Washingtonians can get married (as soon as their respective laws take effect). Minnesotans rejected a marriage discrimination amendment. 

And, that's not all. Wisconsin will send Tammy Baldwin to the Senate. She will be the upper chamber's first openly gay member. Upstate New York will send our friend Sean Patrick Maloney to the House of Representatives. Rhode Island's David Cicilline and Colorado's Jared Polis, two other openly gay congressmen, will also bo going back to Washington. California is likely to send Mark Takano to Washington as its first openly gay person of color representative. And, Kyrsten Sinema may eke out a victory in Arizona and become Congress's first openly bisexual member.

Our strongest allies also won big yesterday. New York Senator Kirsten Gillibrand, perhaps the Senate's strongest LGBT ally, trounced her opponent to win a full term in her own right. Maine elected the Independent Angus King, who has long been a supporter of gay rights. Tim Kaine, a freedom to marry supporter, is the newest U.S. Senator from Virginia. My former bankruptcy law professor, Elizabeth Warren, a vigorous LGBT ally in every respect, replaces Republican Scott Brown in the Senate, as well. Chris Murphy made a fool of Linda McMahon, who spent over 90 million of her own money to lose two senate elections in Connecticut.

Maggie Hassan won the governorship of New Hampshire and will stand as a firewall against a Tea Party legislature that has threatened to overturn that state's civil marriage law. And, my college classmate and friend, Chris Pappas, will serve alongside Governor-Elect Hassan as a member of the NH Executive Council.

In addition to these new faces -- the next Congress will have many! -- yesterday's election will send back to office many allies who have been strong supporters of LGBT rights for years, including but not limited to the lovely Amy Klobuchar of Minnesota, the liberal lion Bernie Sanders of Vermont, the fiesty and messy-haired Sherrod Brown of Ohio, and hundreds of Democratic congresspersons. Also, a special note has to go to 2012's winner of Survivor: Politics, Claire McCaskill of Missouri, who not only helped orchestrate the nomination of her exceedingly conservative opponent, Todd Akin, but pounced on his "legitimate rape" comments at the right time and in the right tone to win a second term in the Senate.

Our allies also won or padded their majorities in state legislatures in Minnesota, Delaware, Illinois, Colorado, and Hawaii.

Those are the facts. Now, what does it all mean for our community? 

As a practical matter, it means that the freedom to marry is poised to have a 2013 and 2014 even better than its 2012. This election season will be the tipping point for the freedom to marry and other gay rights issues for two broader reasons: the silencing of our opponents' last argument and the effect of the trend on other states and the courts. This has implications for state ballot initiatives or legislative action coming up in 2013 and 2014, but also for constitutional questions surrounding the Defense of Marriage Act and heightened scrutiny.

Second, and related, our victories and our allies' victories evidence the rise of Our America, not a new America, but one that represents who we are and want we want the world to look like. It is an America that is younger, more diverse, and less concerned with dividing us up by religions, genders, and sexual orientations. It is an America that embraces identity, not hides it, which itself has two implications. First, openly gay candidates win when they bring their identity as gay persons to the concerns of a broad constituency, which may help explain why Sean Maloney won, but Richard Tisei did not. And, second, the talking points governing the Log Cabin Republicans and GOProud minimizing the role played by their gay identity -- "gay is only a small part of who I am" -- does not resonate with anyone in Our America.

Starting today, and in the coming days and weeks, I will address these lessons. I will also discuss a few non-LGBT-specific lessons of yesterday's election, including the next steps for the Republican Party, the curious case of polling, the nonexistent enthusiasm gap, and the stubbornly Republican House of Representatives. Stay with me AFTER THE JUMP as we discuss state legislative victories and the next steps for the freedom to marry. There is a lot to talk about!

CONTINUED, AFTER THE JUMP...

We talk a lot about the Defense of Marriage Act cases and the federal challenge to California's Prop 8. On behalf of the freedom to marry, we are waging a federal fight in the courts. But, as we argue in the DOMA cases, marriage is a state issue, so winning the right to marry will only come if we organize on the state level, galvanize voters, elect our allies, and spend money where it can do the most good.

Marriage freedom was possible in Maryland and Washington because Democrats overwhelmingly controlled the legislative branches and held the governors offices. Chris Christie's presence in New Jersey stopped us from having another state on our side and although we owe New York Senate Republicans thanks for voting their consciences and not their party, we only won the freedom to marry in New York because of a Democratic Assembly, overwhelming Democratic support in the Senate, and a strong Democratic governor in Andrew Cuomo.

That is why the state legislative victories in Minnesota, Delaware, Illinois, Colorado, and Hawaii are my sleeper picks in a night full of bright stars and amazing victories. In Minnesota, where Republicans took the legislature in the Tea Party eruption of 2010, Democrats regained control yesterday and will control all levers of political power in the Twin Cities for the first time in 22 years. In Delaware, Democrats control every state-wide office and held the legislature. The First State's governor, Jack Markell, is a vocal marriage freedom supporter and a really nice guy, too! Illinois is blue through and through. In Colorado, where we had trouble getting a civil union bill passed in the last session, Democrats took control of both the state senate and house. Governor John Hickenlooper has voiced some support for the freedom to marry, as well. And, in deep blue Hawaii, there is only one Republican in the state senate. Democrats also control a super majority in the House.

This sets up our efforts nicely. After taking a much deserved night off, the leadership at Freedom to Marry will likely take a look at the state legislative map. They will see that California will soon join the ranks of the enlightened because the American Foundation for Equal Rights did its job. And, they will see windows of opportunity in, at a minimum, Hawaii -- where Governor Neil Abercrombie has already said that civil unions are not enough; Illinois -- where Governor Pat Quinn and the state legislative leadership have all come out in favor of marriage; and, Delaware -- where Governor Markell can bring in the always amazing Vice President (and former Delaware Senator) Joe Biden to preach to an electorate already on our side. In Colorado, civil unions may be a more likely first step. There is also Oregon, which may have said no to recreational use of marijuana, but is still a progressive stronghold like its neighbor to the north.

Needless to say, 2013 gives us options and it may give us another unprecedented series of marriage victories.

This is important for several reasons.

First, it would allow thousands more committed and loving gay couples to marry. Never forget that.

Second, it deprives our opponents of their last talking point -- namely, that every time the freedom to marry is put up for a vote, it loses. The "people," they say, don't want it. No one can say that anymore, and when four more states join the family in the next few years, the old canard will sound funny, antiquated, and pathetic.

Third, every additional state that approves of the freedom to marry makes it easier to win a federal constitutional right to marry. Federal courts are supposed to be insulated from political whims, which is why we appoint our federal judges to life tenure. But, there is no doubt that politics can move law. A voice no less prescient and insightful than former Justice Sandra Day O'Connor said, "Rare indeed is the legal victory that is not a careful byproduct of an emerging social consensus." And, she was right. There are exceptions, but generally, legal changes reflect trends of change in social norms.

Yesterday, we made a strong statement about the trend in this country regarding the freedom to marry. On hot-button issues, many courts have little inclination to jump out onto rickety limbs that are too far afield from public opinion, so you can bet that future court decisions recognizing the freedom to marry will cite popular victories in Maine, Maryland, and Washington as evidence that the world has changed since 2004. When we win our next four, five, or six states, it will be easy for every court to see an "emerging social consensus" on anything the freedom to marry for all.

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Ari Ezra Waldman teaches at Brooklyn Law School and is concurrently getting his PhD at Columbia University in New York City. He is a 2002 graduate of Harvard College and a 2005 graduate of Harvard Law School. His research focuses on technology, privacy, speech, and gay rights. Ari will be writing weekly posts on law and various LGBT issues. 

Follow Ari on Twitter at @ariezrawaldman.

 

Karl Rove Flips Out, Sends FOX News Minions Scrambling After They Call Election for Obama: VIDEO

Megyn Kelly is sent marching (literally) to FOX News election analysts HQ to "get to the bottom of it" after the network calls the election for Obama.

Watch, AFTER THE JUMP...

Writes Andrew Sullivan: "This looks like it was scripted by Ricky Gervais. I watched with my jaw slowly dropping lower and lower (which was hard since I was smiling so widely as well)."

Towleroad Guide to the Tube #1244

GLENN BECK on THE ELECTION: Declares "the body of America is even sicker than I thought it was" and recommends his listeners buy farmland and guns.

OOPS: Plane crashes into moving SUV on Texas runway.

STAR WARS: Princess Leia joins the cast of Hipster Disney Princesses.

For recent Guides to the Tube, click HERE.

News: NYC Donut, Just-in Beaver, Mary Bono Mack, Athena

Carl DeMaio concedes in San Diego mayoral race.

Raul Ruiz defeats Mary Bono Mack in the race for the 36th Congressional District.

Tester retains seat: "Montana Sen. John Tester successfully fought off a challenge from six-term Republican Rep. Denny Rehberg in a hotly contested race marked by heavy outside spending on negative advertising, CNN projects Wednesday."

Massive donut-shaped walkway proposed for airspace high over NYC's Grand Central Station.

Donald Trump is pissed that Obama won, and pissed that Brian Williams said he "has driven past the last exit to relevance".

Think Progress looks ahead to seven states that could be next in the battle for LGBT equality: Colorado, Minnesota, Rhode Island, Illinois, Delaware, Ohio, and New Jersey.

Puerto Rico votes to pursue statehood.

Signorile: "Gay mega history in the making..." - "The very ads pushed by  the enemies of gay rights, like the mastermind behind the antigay ballot measures, Frank Schubert, which claim you can support gay equality but be against gay marriage, no longer hold water. From now on, you're no friend to gays if you don't support full equality, and you're a bigot if you try to defend that position, as Mitt Romney did."

Two new TV spots released for Les Miserables.

A shirtless David Gandy relaxes poolside.

Justin Bieber is not happy about the new Just-in Beaver sex doll.

Victory Fund celebrates huge night for LGBT candidates: “This wasn’t incremental progress.  This was a breathtaking leap forward,” said Chuck Wolfe, president and CEO of the Gay & Lesbian Victory Fund.  “Tammy Baldwin’s victory in the face of tens of millions of dollars in super PAC spending against her is a testament to the enormous power of people who believe in and fight for progress, fairness and equality. LGBT candidates and their allies this year showed we are willing to engage fully in the political process to win the freedom we deserve.”

Victoria Jackson responds to yesterday's election results: "America died."

Brendon Ayanbadejo on the marriage equality wins: "I’m so stoked. It’s like I woke up and it’s Christmas."

VIDEO: Anne Hathaway's Saturday Night Live promos.

Bloomberg Business ages Obama.

The National Weather Service rips the Weather Channel for naming the Nor'Easter 'Winter Storm Athena'. "In a blunt response, the organization released a statement saying they "do not use name winter storms" and asked others to refrain from using it."

Marc Jacobs President Robert Duffy getting a divorce: "I'm getting a divorce," Duffy snaps. Profuse, mortified apologies are met with a more forgiving response: "You're the first journalist I've told. You can tell everyone I'm very happy. My daughter and I — we're doing good."

Vikings punter Chris Kluwe responds to Minnesota, marriage equality wins: "Together, we made a statement that America is tired of division. America is tired of discrimination, of exclusion, and of unthinking oppression—the belief that people have to live their lives according to someone else's views rather than their own free will. Together, we made sure that the world our children will grow up in is one step closer to tolerance, love, and equality; a world where our children can make their own choices instead of being shackled to dusty hate from the past."