First Friday News & Views
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JULY 2008 First Friday VOLUME 13 News & Views ISSUE THE 7 MONTHLY NEWSLETTER More On Same Gender Marriage OF THE Or Can You Say Tidal Wave FIRST FRIDAY by Jonathan Wilson BREAKFAST CLUB, INC. hanks to the California Supreme Court, it’s about to get even more interesting watching the progress toward full recognition of same-gender marriage across the INSIDE United States. It started with the Massachusetts Supreme Court finding unconstitu- tional the use of “marriage” as shorthand for granting special rights to straight citi- zens. The California Supreme Court agreed. Each was interpreting the respective June Speaker Review by 2 Tstate constitutions, so each was the court of “last resort” on the state constitutional question. Bruce Carr There’s no appeal to the US Supreme Court in either case. The US Supreme Court is the court of last resort on the interpretation of the US Constitution but has no say in the interpretation of the Briefs & Shorts 3 respective state constitutions. Movie Review by Gary The impact of the California decision will be critically important in two respects, one 3 Kaufman not very obvious to most people and the other less obvious and even more important. The first important impact of the California decision arises from the fact that it comes From the Editor 4 just as there is pending before the Iowa Supreme Court a similar, state constitutional test. As we in Iowa all know, an Iowa District Court held that Iowa’s preferential treatment of straight citi- zens is unconstitutional, and that decision is on appeal to the Iowa Supreme Court. There was already a reasonable possibility that the Iowa Supreme Court would do the right thing and uphold the lower court ruling. With the concurring, comprehensive, compelling California decision, the Iowa District Court judge finds himself in remarkably good company, and the stage is set as fa- vorably as it can be for a similar decision by the Iowa Supreme Court. Appropriately, state courts give credence to decisions of other, credible state courts on similar questions. On controversial CALENDAR matters, those decisions can be particularly helpful by neutralizing somewhat the human reluc- tance of any court to hand down a decision that is potentially unpopular with a vocal and well- The FFBC will not meet organized minority. In short, the Massachusetts and California decisions, like supportive book- in July because of the ends, will strengthen spines to do the right thing in the Bible Belt. Fourth of July holiday. The less obvious and more important impact of the California decision arises from the element of the ruling that, unlike the one in Massachusetts, eliminates a residency requirement to get a state license and marry. That’s huge. It’s huge not merely because it opens the door to A joint event with countless additional couples, beyond California residents, longing for legal recognition of their PROS on Saturday, July committed relationships. It’s really huge because it reframes the constitutional issue to be de- 19 at the home of cided in future cases. Michael Thompson and Allen Vander Until now, cases seeking to challenge the constitutionality of exclusive opposite-gender Linden, 7500 Benton marriage have had to rely upon the “equal protection” clauses of state and federal constitutions. Drive, Urbandale, will While equal protection, and the equal treatment of citizens that it purports to require, might seem replace the July obviously compelling when one group of citizens has undeniably been able to enjoy privileges meeting. denied to others, it can still be a hard sell. It can be a hard sell because there are so many permis- (Continued on page 2) (Continued from page 1) PFLAG Executive Director Addresses sible distinctions constitutionally made among citizens ranging from differential tax rates, to tax breaks, to minimum drinking June’s Scholarship ages, and even to separate (but equal?) bathrooms for men and Awards Meeting women. Now, however, with probably at least one same- he guest speaker at our gender couple from each of the other 49 states going to Califor- annual Scholarship nia, marrying, and going home again, the analysis in future Awards meeting in June cases will shift to the “full faith and credit” clause of the US was Jody Huckaby, Jody Huckaby Constitution. Every fifth grade government student should since 2005 the executive know that states are required to recognize the laws and official Tdirector of Parents, Families & Friends of Lesbians & Gays acts occurring in other states. They also should know that Con- (PFLAG)—a particularly good choice in view of the atten- gress, despite the meaningless Defense of Marriage Act, is dance at that breakfast of many parents and family members of powerless to override that constitutional mandate. Unlike the young awardees. “equal protection,” there is really only one exception to the full faith and credit clause; a state is not required to recognize the Originally founded in 1972 in New York, PFLAG has legality of things that are criminal under the state’s laws. For grown exponentially in its 35 years, to embrace over 200,000 example, prostitution is legal in Nevada, but a Nevada pimp members and supporters in over 500 affiliate chapters in 13 and prostitute traveling across Iowa, who get into a dispute regions throughout the United States. The network is supported over their “contract,” cannot resort to Iowa courts for enforce- and serviced by the national office located in Washington, D.C. ment. Acknowledging that “it’s vitally important now that Thanks to the US Supreme Court in Lawrence v. we speak our truth and tell our stories,” Huckaby regaled us Texas, same-gender intimacy and, therefore, same-gender rela- with some details of his youth: He grew up in a highly conser- tionships, are no longer criminal in any state. When legally vative Republican and Catholic family of eight kids (half of married, same-gender couples go home from California and, as whom have since identified as gay!), in a little town of a few with all other couples legally married out-of-state, they should thousand people in the heart of south-central Louisiana’s Cajun be able to expect recognition of their unions. Full Faith and country, halfway between New Orleans and Houston. He Credit requires it. earned his bachelor’s degree in psychology from the University of Dallas in Irving, Texas, then took courses toward a divinity The stage is set for separate test cases in 49 states, test degree at the University of Saint Mary of the Lake in Chicago. cases that can rely upon the easier constitutional standard af- Career-wise, he has served as executive director of New Mex- forded by the mandate of full faith and credit. Watching those ico AIDS Services in Albuquerque and came to PFLAG after cases unfold will be interesting, maybe even fun. working as executive director of the Washington Humane Soci- ety. Incoming fire has the right of way. Local PFLAG chapters provide support to people with children or siblings who are gay or lesbian. They counsel teen- (EDITOR from page 4) agers who are struggling with their gender orientation or gen- der identify, and sponsor tolerance-education programs at high more circumspect about naming the names of his male part- schools and colleges nationally. As the rights of gays and lesbi- ners. ans have become an increasingly high-profile issue in the na- tional political debate, the organization has also been raising its Once the Goldwyn contract was behind him, Granger profile as an advocacy group on issues such as gay marriage, went to New York to study with The Actors’ Studio. He made on-the-job discrimination, and the extension of Social Security many stage appearances and did live television dramas, prefer- benefits to domestic partners. ring that work to film acting. He did, however, continue his film career in order to pay the bills. He particularly enjoyed PFLAG’s vision for parents, families, and friends of working with Luchino Visconti in the 1954 Italian film, Senso. lesbian, gay, bisexual, and transgender persons is to celebrate Granger fell in love with Italy and lived there for many years diversity and to envision a society that embraces everyone, before returning to the U.S. including those of diverse sexual orientations and gender iden- I will leave my copy of Include Me Out on the book (Continued on page 3) lending table for the August meeting in hopes that 2 others will enjoy reading it as much as I did. The ultimate diet food: you use more calories eating —Steve Person celery than the celery contains. (Continued from page 2) Indiana Jones and tities. It has stated strategic goals: the Kingdom of To build the capacity of our organization at every level so that we may have all the resources, in the form of informa- the Crystal Skull tion, people and funding, necessary to move forward To create a world in which our young people may grow up A Review by Gary Kaufman and be educated with freedom from fear of violence, bully- ing and other forms of discrimination, regardless of their Indiana Jones and the King- real or perceived gender identity or sexual orientation dom of the Crystal Skull is a bit To make our vision and our message accessible to the of a disappointment. Steven broadest range of ethnic and cultural communities, ending Spielberg has put together major the isolation of families with gay, lesbian, bisexual, and components generally associated transgender family members within those communities with an Indiana Jones movie: a To work toward full inclusion of gay, lesbian,