Three Lessons from North Carolina's Amendment One

BY ARI EZRA WALDMAN 

Yesterday was a day of great loss. The odious Amendment One in North Carolina passed for a variety of reasons, including the un-Christian messages spewed forth by Christian messengers, a Republican base galvanized by social conservatives leaders who have hijacked the Republican party, confusing wording, ignorance, and just plain hatred.

Supporters admitted that racial supremacy was behind the need for Amendment One. The leading Republican in the State legislature said the anti-gay Alliance Defense Fund drafted the language. And, then, of course, there were shrill screams that gay predators are hurting children.

Amendment One's language states: "A Constitutional amendment to provide that marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State."

It is striking for its breadth, encompassing not only gay marriages, but civil unions and other forms of domestic partnerships, and even undermining the validity of domestic violence protection laws. The new provision in the North Carolina State Constitution is also villainous, for its purposefully confusing syntax and for the clarity of its hateful message: No gays need apply!

This doubling down on discrimination offers us a teachable moment about the question for equality and honor for gay persons. It proves the importance of impact litigation, highlights the danger of allowing our rights to be subject to popular vote, and shows us why we should vote for President Obama and his progressive allies in Congress.

CONTINUED, AFTER THE JUMP...

Judicial vs. Legislative Action in 'Prop 8' and 'Don't Ask, Don't Tell'

BY ARI EZRA WALDMAN

 Today is an important day. One day after Judge James Ware of the Northern District of California ordered the release of the Perry trial videotapes, the odious discriminatory policy known as "Don't Ask, Don't Tell" (DADT) finally dies. The two developments are related in that they mark important victories for the gay community: those of us who serve our country in silence no longer have to lie about who we are, and the release of the Prop 8 videos will help show the public how empty and hateful the opponents of same-sex marriage can be.

But, it's worth noting the differences. Despite the successful, yet ongoing facial challenge to DADT organized by the Log Cabin Republicans and litigated by White & Case LLP partner Dan Woods, DADT is dying due to legislative action taken by majority Democrats at the end of the last Congress. Perry v. Brown, on the other hand, is a federal court challenge to California's ban on same-sex marriage, enacted through the state's unique referendum system. Some activists in the gay rights movement are not sure either is the right process. Many think that it would have been better for DADT to be buried under Judge Virginia Phillips's world-wide injunction and declaration of unconstitutionality, and many think that the issue of same-sex marriage should be put back in front of the voters in 2012.

What are the merits or disadvantages of legislative versus judicial action in the gay rights movement?

CONTINUED, AFTER THE JUMP...

Hillary Clinton Releases Statement Marking 'International Day Against Homophobia and Transphobia' (IDAHO)

Today is the International Day Against Homophobia and Transphobia (IDAHO).

Secretary of State Hillary Clinton has released a statement to mark the day:

In every part of the world, men and women are persecuted and attacked because of who they are or whom they love. Homophobia, transphobia and the brutal hostility associated with them are often rooted in a lack of understanding of what it actually means to be lesbian, gay, bisexual, or transgender (LGBT). So to combat this terrible scourge and break the cycle of fear and violence, we must work together to improve education and support those who stand up against laws that criminalize love and promote hate. As we mark the International Day Against Homophobia and Transphobia this May 17, let us resolve to redouble our efforts.

On behalf of President Obama and the people of the United States, I am proud to reaffirm our support for LGBT communities at home and abroad, and to call for an end to discrimination and mistreatment of LGBT persons wherever it occurs. Whether by supporting LGBT advocates marching in Belgrade, leading the effort at the United Nations to affirm the human rights of LGBT persons, or condemning a vile law under consideration in Uganda, we are committed to our friends and allies in every region of the world who are fighting for equality and justice. These are not Western concepts; these are universal human rights.

Despite these gains and hard work, there is more to do to turn the tide of inequality and discrimination against the LGBT community. If you are lesbian, gay, bisexual or transgender, know that the United States stands with you and we are unwavering in our commitment to ending this cycle of hate.

Also, UK Foreign Office Minister Jeremy Browne recorded a video about the British government's support for the day's message.

Watch it, AFTER THE JUMP...