A busy week on the gay rights front --
ITEM: New York's highest court
declined, though strictly on procedural grounds, to review lower court rulings holding that same-sex marriages validly entered into in other jurisdictions (e.g., Massachusetts, Canada) must be recognized even though the gay couples could not have married in New York itself. The high court may hear the case after further litigation of the case in the lower courts. Despite the seeming contradiction, this "valid there means valid here" practice is actually a long-standing policy in New York (and other states) that has been applied to first-cousin marriages, underage marriages, common law marriages and other circumstances. Nevertheless, it does give further incentive to both advocates and opponents of same-sex marriage, who share an eagerness to ask, "How can this be?" Most recent post
here.
ITEM: A California appellate court,
meanwhilehas ruled unanimously that a gay Orange County man who mistakenly thought his ex-partner had registered their domestic partnership is entitled to the same protections covering heterosexual spouses who discover that, for whatever reason, their marriage is not valid.
This was not a particularly inspirational case: one partner tried to exploit the other by claiming that the failure to mail in the domestic partnership form nullified the estate planning documents they had drafted at the beginning of their formalized relationship. Still, fair and equal treatment is fair and equal treatment, in dissolution of relationships as well as in their formation. (A reminder, meanwhile, that California faces both an imminent
state supreme court ruling on same-sex marriage and a
likely bigot amendment.)
ITEM: Every silver lining must have
a cloud --
An amendment to the state constitution approved by voters in 2004 to define marriage as the union of one man and one woman also prohibits public employers from providing health care and other benefits to the same sex partners of employees, a divided Michigan Supreme Court ruled today.
...
Jessie Olson, an attorney involved in filing the challenge that was rejected by the court Wednesday, said the ruling leaves Michigan "at the bottom of the barrel. We are the worst of the worst of the worst when it comes to civil rights for same sex couples."
When bigots insist that their "no nothing never" amendments are "only" about "defending traditional marriage," they lie. Most recent post
here.
---
MEANWHILE: Although not quite rising to "
Larry Craig" status, one of the most rabidly anti-gay bigots in Congress, New York Republican Vito Fossella, has
acknowledged that he had an extra-marital affair* that produced a daughter, now 3 years old.
Fossella, now widely expected not to seek re-election,** voted for the Federal Marriage Amendment in 2004, the (identical) Marriage Protection Amendment in 2006, the jurisdiction-stripping Marriage Protection Act of 2004, and a D.C. appropriations amendment that would have banned gays in the District from adopting.
He was certainly "defending traditional..." -- well, traditional something.
*The affair was, incidentally, with an air force lieutenant colonel. File that under "
morale and unit cohesion."
**Not for the affair, mind you, but for a DUI arrest in Virginia that will likely result in jail time.
(Via
Obsidian Wings.)