Law Dork on Olson-Boies "Turf War"

Chris Geidner at Law Dork has an exclusive read on that explosive letter from American Foundation for Equal Rights that was obtained by Towleroad yesterday, along with some reactions from the letter's recipients.

Geidner notes that Chad Griffin's letter makes clear that "far from being blindsided by the Perry lawsuit—the LGBT legal organizations were well aware of and chose not to participate in the filing of this lawsuit."

Regarding Griffin's point that the groups seeking to intervene had earlier opposed AFER's efforts and so would not be effective in litigating, James Esseks, co-director of the ACLU LGBT Rights Project, says, "People can disagree about when and whether to jump into the pool, but once you do it makes sense to swim as hard as possible to get to the other side...We're all in the pool; it's not just those plaintiffs."

Highlights of Law Dork's take:

"This is, in part, a turf fight, and there is no denying it. But it is a legitimate turf fight. These three groups and their boards have been involved in dozens of lawsuits relating to marriage equality. They have, for the most part, been well-planned and carefully strategized cases that have resulted in great forward movement in a relatively short time...

"The lawyers for the proposed intervenors might be coming late to the party, but the reality is that the groups they are representing have the right to seek intervention in the case and to have counsel of their choosing in such an intervention effort...

"In light of the very diversity of the LGBT community that the proposed intervenors claim to represent, this intra-LGBT fight might have been inevitable. Regardless, though, here's to hoping that everyone sits down in the coming days and weeks and figures out the best way to move forward with this case to help advance equality for all the Californians and LGBT people across the country who are watching this lawsuit with bated breath."

Pushback from Olson-Boies as LGBT Groups File to Intervene

According to a press release, the LGBT groups Lambda Legal, National Center for Lesbian Rights and the ACLU LGBT Project have filed a motion asking that the U.S. District Court in San Francisco to allow Our Family Coalition, Lavender Seniors of the East Bay and Parents, Families, and Friends of Lesbians and Gays to intervene in Perry v. Schwarzenegger, the Olson-Boies federal suit (filed as American Foundation for Equal Rights) designed to put the question of marriage equality before the United States Supreme Court as soon as possible.

Earlier, Lambda Legal and others issued a warning that "ill-timed lawsuits could set the fight for marriage back."

"These groups wish to illustrate for the court the diverse needs of their members and the lesbian, gay, bisexual, and transgender (LGBT) community generally to provide the full factual record," said Jennifer C. Pizer, National Marriage Project Director for Lambda Legal. Lambda Legal, NCLR and ACLU had previously filed a friend-of-the-court brief in the case June 26.

But Towleroad has obtained a copy of a letter (full letter after the jump) from Chad H. Griffin, Board President of American Foundation for Equal Rights, to the LGBT groups urging the following:

"On behalf of the plaintiffs and our board, donors and supporters, I am writing to ask that you not intervene in Perry v. Schwarzenegger.

"Given our willingness to collaborate with you, and your efforts to undercut this case, we were surprised and disappointed when we became aware of your desire to intervene.

"You have unrelentingly and unequivocally acted to undermine this case even before it was filed. In light of that, it is inconceivable that you would zealously and effectively litigate this case if you were successful in intervening. Therefore, we will vigorously oppose any motion to intervene."

The letter is tough stuff, laundry-listing the LGBT groups' unhelpful soundbytes and actions, and goes on to list the Foundation's efforts to "stand together, shoulder to shoulder, in this battle."

Despite the obvious rift, Griffin writes that the Foundation remains "willing to work closely with you at all stages of this case and welcome your continued participation in the district court proceedings as an amicus curiae. But we cannot and will not support your motion to intervene."

The argument for the Johnny-come-lately LGBT groups butting out is more persuasive than just a me-first, knee-jerk reaction:

"As a result of your intervention, we could be mired in procedurally convoluted pre-trial maneuvering for years—while and gay and lesbian individuals in California continue to suffer the daily indignity of being denied their federal constitutional right to marry the person of their choosing."

It would appear Lambda Legal, National Center for Lesbian Rights and the ACLU LGBT Project are either realizing the case might actually be successful and therefore want to ride its coattails for credit and relevancy, or—depending on your capacity for cynicism—are intentionally dragging down a suit from a rival group working for the same cause.

News: Newsom's New Quest, Is Eating Ribs Presidential?, Boyfriends Will Be Boyfriends, It's A Rubyfruit Jungle Out There & More

Two-term San Francisco Mayor Gavin Newsom—famous for his support of legalizing gay marriage—launches an exploratory bid for California governor. He's expected to face opposition from a crowded field of fellow Democrats when Republican Arnold Schwarzenegger vacates in 2010.

Via Queerty: New Jersey Congressman Steve Rothman has changed his position on gay marriage—thanks to the advice of his lesbian stepdaughter. He's also joined the House Gay, Lesbian, Bisexual, Transgender Caucus.

A special court has upheld the Nepal Army's decision to expel a woman for being a lesbian.

Two women in Iceland will become the first same-sex couple to have their relationship "validated" in a church following new laws that took hold there on June 27. The laws do not define same-sex validations as "marriage." The official who will perform the service, Rev. Sigurdur Grétar Sigurdsson, says, "In my opinion it is a very appreciated development because many priests in the State Church have already organized ceremonies for many years where they pray for and bless gay coupes who have earlier had their cohabitation confirmed by state officials."

Buzzkill: About 600 Starbucks locations will close in the next year, 70% of which opened after 2006.

The NRA will be gunning for Barack Obama's chances this fall, spending $40 million dollars to paint him as a Second Amendment foe.

Clay Felker, New York Magazine founder and husband of Gail Sheehy, dies at 82 after battling throat cancer. Felker and co-founder Milton Glaser were forced out of their jobs in 1977 by Rupert Murdoch, leading to a staff walk-out. The magazine's most famous article, "Tribal Rites of the New Saturday Night," was the basis for Saturday Night Fever, and its "best" lists have made it a staple for actual and aspiring New Yorkers. Amazing quotes here.

Is Bush the best president ever...on AIDS issues? (Consider the source.)

Guess which presidential candidate is the more desirable barbecue guest, according to an AP poll?

T.R. Knight and boyfriend Mark Cornelsen spotted giving gay angst a bad name.

Heart-Breaking: Marriage does not do the trick for all of us, even those lucky enough to live in states where it's legal.

Interfaith Advocates for Lesbian, Gay, Bisexual & Transgender People in Rochester (New York) issues a doctrine for achieving Dr. King's "Beloved community" that includes banning hate crimes against transgendered people.

Rubyfruit Bar and Grill is joining Florent as a memory. The bar, named after Rita Mae Brown's Rubyfruit Jungle, is the victim of higher rent (it's up from $6,500 to $11,000 since 1994) and, perversely, the greater acceptance of gay people in the past decade. "Back then in 1994 there wasn’t this liberation yet for lesbian women, so it became a haven with private, intimate dinners, great wines, a place to hold hands and feel comfortable being out and having dinner Here we are in 2008, where they no longer need to have their own place. They can go anywhere and do whatever they want. It’s kind of a good thing, I guess," said Rubyfruit’s owner, Debra C. Fierro.

Groups To California Supreme Court: Keep Marriage Ban On the Ballot

Civil rights groups have already filed to have the proposed same-sex marriage amendment tossed off the ballot in California, and now two outfits called the Alliance Defense Fund and Protect Marriage (I presume they're also anti-divorce, anti-bills and anti-children?) have petitioned the state Supreme Court to reject that plea.

The petition states:

"In reality, petitioners are challenging the sovereign power of the people to amend their constitution to override judicial interpretations of the constitution with which they disagree."

California Secretary of State Debra Bowen also filed, but only to urge the Court to decide by August 11, when ballots would be off to the printer.

The presidential candidates have weighed in—John McCain backs the amendment that is opposed by California Governor Arnold Schwarzenegger, while Barack Obama opposes it in spite of being "personally" against same-sex marriage.

Stop In The Name Of Love

The president of the Log Cabin Republicans, Patrick Sammon, urges fellow conservatives to back off using gay marriage as a wedge issue again:

"Acceptance of loving, committed gay and lesbian couples is on the rise and, consequently, the marriage debate does not have the same heat it used to. Republicans who try exploiting the issue for political gain this November will fail. And they’ll further alienate the young people who are already leaving the GOP in droves."

So...stop pushing this issue because it's no longer effective, not because it's wrong?

Someone Left NYC Pride Out In The Rain

On my own blog, I tend to be wordy. So of course I’m taking over Towleroad the day after Gay Pride Weekend. It’s impossible to summarize multiple events across the world too briefly, so my first couple of posts, devoted to Pride, will be anything but the lighter fare Andy promised from me.

Over one million turned out to watch approximately 500,000 march in New York City’s annual Gay Pride Parade, the 39th celebration since the Stonewall Riots (June 28, 1969). Intermittent showers soaked the throngs of participants and spectators, failing to dampen enthusiasm even as more than one pair of size 12 Prada pumps had their last hurrah.

New York’s David Paterson—the nation’s first legally blind governor—became the first governor to appear in the parade, eliciting loud cheers as he kicked off the march alongside New York City Mayor Michael Bloomberg. Other politicos included Senator Charles Schumer (Hillary Clinton was not in attendance), openly gay New York State Senator Tom Duane and out lesbian Council Speaker (and possible mayoral candidate) Christine Quinn, who had this to say of Paterson:

“Politically and personally, thank you to Governor Paterson. What he did following on the great work in the assembly—sends a message that leadership isn't about waiting, it's about finding the opportunity. It's about finding the way to move progress and civil rights forward.”

Co-grand marshals were transsexual Dirty Sexy Money star and local girl Candis Cayne and activist Gilbert Baker, who created the rainbow flag.

My own experience with the stormy NYC parade? Put away wet, but not rode hard…