WBEZ | Supreme Court http://www.wbez.org/tags/supreme-court Latest from WBEZ Chicago Public Radio en For same-sex marriage opponents, the fight is far from over http://www.wbez.org/news/same-sex-marriage-opponents-fight-far-over-112270 <img typeof="foaf:Image" src="http://llnw.wbez.org//main-images/whitehouseap.jpg" alt="" /><p><p>The Supreme Court decision Friday that upheld the right of same-sex couples to marry was one for the history books.&nbsp;Obergefell v. Hodges&nbsp;was exalted by gay rights groups and their supporters, and condemned by those who believe that marriage should be reserved for one man and one woman.</p><p>Opponents of same-sex marriage say that the fight is far from over.</p><p>In fact, many of them did not wait long before raising the idea of passing a constitutional amendment to ban it. The prospect that the attempt will prove successful seems unlikely, though. Constitutional amendments are easy to talk about but rarely enacted &mdash; and polls show that a clear majority of Americans support the right of LGBT people to marry.</p><p>Still, opponents say that there are other avenues to pursue &mdash; in Congress, state legislatures and the courts.</p><p>Brian Brown, president of the&nbsp;<a href="https://www.nationformarriage.org/">National Organization for Marriage</a>, compares this week&#39;s Supreme Court opinion to the landmark&nbsp;Roe v. Wade&nbsp;decision making abortion a legal right. A future court, he says, could revisit the issue.</p><p>&quot;That&#39;s why it&#39;s critical that people of faith, others who understand that marriage is the union of a man and a woman, get out and support candidates that are committed to overturning this decision,&quot; Brown says.</p><p>More immediately, advocates on both sides say that the battle will now be fought in the lower courts and will involve religious liberty cases.</p><p><a href="http://ratiochristi.org/people/jeremy-tedesco">Jeremy Tedesco</a>&nbsp;of the Alliance Defending Freedom &mdash; a group representing a Colorado bakery owner who was sued after refusing for religious reasons to bake a wedding cake for a gay couple &mdash; also represents clients in several other, similar cases. Following the&nbsp;Obergefell&nbsp;ruling, he expects that same-sex marriage advocates will step up their legal challenges.</p><p>&quot;I think their efforts, as we&#39;ve seen already, are primarily targeted at businesses that are owned by religious folks who object to creating expression or are being forced to participate in marriage ceremonies that violate their religious beliefs,&quot; he says.</p><p>Opponents of same-sex marriage say that there will be a push now in state legislatures to adopt laws protecting those business owners who argue their religious beliefs prevent them from serving same-sex couples. But that&#39;s likely to be an uphill climb.</p><p>Arizona&#39;s conservative Republican Gov. Jan Brewer vetoed a religious freedom law last year, saying that it was too divisive. A few months ago, Indiana quickly rewrote its religious freedom law and added protections for sexual orientation to head off a threatened boycott.</p><p>The battle is likely to be about more than bakeries, printers and flower shops. Marcy Hamilton, a law professor at Yeshiva University&#39;s Benjamin Cardozo School of Law, says that the Supreme Court decision clearly makes exemptions for churches and ministers who don&#39;t want to preside over marriages of same-sex couples.</p><p>&quot;But I think what we&#39;ll see is a push for religious nonprofits, not just houses of worship,&quot; she says, &quot;to be able to get exemptions from having to provide services to same-sex couples.&quot;</p><p>To that end, same-sex marriage opponents are looking to Congress and a bill called the First Amendment Defense Act, or FADA.</p><p>Brown says that the bill would protect businesses and nonprofits &mdash; so-called 501(c)(3) groups &mdash; that refuse to provide services to same sex couples.</p><p>&quot;That means they cannot be stripped of the right for federal contracts,&quot; he says. &quot;They cannot be stripped of their 501(c)(3) status. They cannot be treated as if they are the functional equivalent of racists.&quot;</p><p>In his majority opinion,&nbsp;<a href="http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf">Justice Anthony Kennedy wrote&nbsp;</a>that religious groups have a constitutionally protected right to advocate against same-sex marriage:</p><blockquote><div><p>&quot;It must be emphasized that religions, and those who adhere to religious doctrines, may continue to advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned.</p><p>&quot;The First Amendment ensures that religious organizations and persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths, and to their own deep aspirations to continue the family structure they have long revered.&quot;</p></div></blockquote><p>Tedesco says that&#39;s a message from the court that the dispute over same-sex marriage is not like earlier battles over racial discrimination.</p><p>&quot;Culturally, we have to make the case that these things are completely different,&quot; Tedesco says. &quot;And I think the Supreme Court rightly recognized that, by recognizing that people who believe this do so in good faith.&quot;</p><p>For those who oppose this week&#39;s Supreme Court decision, that may be the most important battle.</p><p><em>&mdash;<a href="http://www.npr.org/2015/06/27/418038177/for-same-sex-marriage-opponents-the-fight-is-far-from-over">via NPR</a></em></p></p> Sun, 28 Jun 2015 20:00:00 -0500 http://www.wbez.org/news/same-sex-marriage-opponents-fight-far-over-112270 Morning Shift: Transgender teens look to find their voice http://www.wbez.org/programs/morning-shift/2015-06-24/morning-shift-transgender-teens-look-find-their-voice-112239 <p><div class="image-insert-image "><img alt="" class="image-original_image" src="http://www.wbez.org/system/files/styles/original_image/llo/insert-images/yugenro.jpg" title="(Flickr/yugenro)" /></div><div class="image-insert-image ">&nbsp;</div><div class="image-insert-image ">&nbsp;</div><p><iframe frameborder="no" height="166" scrolling="no" src="https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/211786388&amp;color=ff5500&amp;auto_play=false&amp;hide_related=false&amp;show_comments=true&amp;show_user=true&amp;show_reposts=false&amp;show_artwork=false" width="100%"></iframe></p><p>&nbsp;</p><p style="margin: 0px 0px 18px; padding: 0px; border: 0px; font-family: Arial, sans-serif; font-size: 14px; font-stretch: inherit; line-height: 22px; vertical-align: baseline; color: rgb(51, 51, 51);"><span style="margin: 0px; padding: 0px; border: 0px; font-family: inherit; font-size: 24px; font-style: inherit; font-variant: inherit; font-weight: inherit; font-stretch: inherit; line-height: inherit; vertical-align: baseline;">What about those &#39;other&#39; Supreme Court cases?</span></p><p style="margin: 0px 0px 18px; padding: 0px; border: 0px; font-family: Arial, sans-serif; font-size: 14px; font-stretch: inherit; line-height: 22px; vertical-align: baseline; color: rgb(51, 51, 51);">As we get toward the end of the current Supreme Court term, we&rsquo;re still waiting on two big decisions on same-sex marriage and on the Affordable Care Act. The court decides around 70 cases every year, but as is often the case, two or three high-profile cases overshadow some of the other very weighty, influential decisions by the court. Here to tell us about other cases the Supreme Court is expected to decide in the coming week is Brianne Gorod, appellate counsel at the <a href="http://theusconstitution.org/">Constitutional Accountability Center</a>, a progressive think tank, law firm and action center focused on the Constitution and William Baude, an Assistant Professor of law at the University of Chicago.</p><p style="margin: 0px 0px 18px; padding: 0px; border: 0px; font-family: Arial, sans-serif; font-size: 14px; font-stretch: inherit; line-height: 22px; vertical-align: baseline; color: rgb(51, 51, 51);"><strong style="margin: 0px; padding: 0px; border: 0px; font-family: inherit; font-size: inherit; font-style: inherit; font-variant: inherit; font-stretch: inherit; line-height: inherit; vertical-align: baseline;">Guests:&nbsp;</strong><em><a href="https://twitter.com/BrianneGorod">Brianne Gorod</a> is an appellate counsel at the <a href="https://twitter.com/MyConstitution">Constitutional Accountability Center</a> in Washington D.C. </em></p><p style="margin: 0px 0px 18px; padding: 0px; border: 0px; font-family: Arial, sans-serif; font-size: 14px; font-stretch: inherit; line-height: 22px; vertical-align: baseline; color: rgb(51, 51, 51);"><em><a href="https://twitter.com/WilliamBaude">William Baude</a> is an Assistant Professor of law at the <a href="https://twitter.com/UChicagoLaw">University of Chicago</a>.</em></p><p style="margin: 0px 0px 18px; padding: 0px; border: 0px; font-family: Arial, sans-serif; font-size: 14px; font-stretch: inherit; line-height: 22px; vertical-align: baseline; color: rgb(51, 51, 51);">&nbsp;</p><p><iframe frameborder="no" height="166" scrolling="no" src="https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/211786386&amp;color=ff5500&amp;auto_play=false&amp;hide_related=false&amp;show_comments=true&amp;show_user=true&amp;show_reposts=false&amp;show_artwork=false" width="100%"></iframe></p><p style="margin: 0px 0px 18px; padding: 0px; border: 0px; font-family: Arial, sans-serif; font-size: 14px; font-stretch: inherit; line-height: 22px; vertical-align: baseline; color: rgb(51, 51, 51);"><span style="margin: 0px; padding: 0px; border: 0px; font-family: inherit; font-size: 24px; font-style: inherit; font-variant: inherit; font-weight: inherit; font-stretch: inherit; line-height: inherit; vertical-align: baseline;">Transgender teens looks to find their voice</span></p><p style="margin: 0px 0px 18px; padding: 0px; border: 0px; font-family: Arial, sans-serif; font-size: 14px; font-stretch: inherit; line-height: 22px; vertical-align: baseline; color: rgb(51, 51, 51);">As more transgender individuals make the full transition, some still struggle to adjust their vocal chords and take on speech patterns that better align with the gender in which they identify. And while surgery is an option, some are not always happy with the results. A new program through Ann &amp; Robert H. Lurie Children&#39;s Hospital and Northwestern University gives patients the tools to adjust their voice. We discuss the impact of the program with professionals from both Lurie Children&#39;s Hospital and Northwestern and a teen participant.&nbsp;</p><p style="margin: 0px 0px 18px; padding: 0px; border: 0px; font-family: Arial, sans-serif; font-size: 14px; font-stretch: inherit; line-height: 22px; vertical-align: baseline; color: rgb(51, 51, 51);"><strong style="font-family: inherit; font-size: inherit; font-style: inherit; font-variant: inherit; line-height: inherit; margin: 0px; padding: 0px; border: 0px; font-stretch: inherit; vertical-align: baseline;">Guests:&nbsp;</strong><em><a href="https://twitter.com/DrMarcoSays">Dr. Marco Hidalgo</a> is a psychologist in <a href="https://twitter.com/LurieChildrens">Ann &amp; Robert H. Lurie Children&#39;s Hospital</a>&#39;s Gender &amp; Sex Development Program.</em></p><p style="margin: 0px 0px 18px; padding: 0px; border: 0px; font-family: Arial, sans-serif; font-size: 14px; font-stretch: inherit; line-height: 22px; vertical-align: baseline; color: rgb(51, 51, 51);"><em><a href="https://www.communication.northwestern.edu/faculty/NathanWaller">Nathan Waller</a> is a speech language pathologist and clinical instructor at <a href="https://twitter.com/NorthwesternU">Northwestern University</a>&#39;s&nbsp;</em><em>Center for Audiology, Speech, Language, and Learning.</em></p><p style="margin: 0px 0px 18px; padding: 0px; border: 0px; font-family: Arial, sans-serif; font-size: 14px; font-stretch: inherit; line-height: 22px; vertical-align: baseline; color: rgb(51, 51, 51);"><em>Jay Luciano is a teen participant&nbsp;</em><em>from the <a href="http://www.windycitymediagroup.com/lgbt/NU-and-Lurie-program-helps-trans-kids-find-their-voice/51760.html">&ldquo;Be Heard for Who You Are&rdquo;</a> program.</em></p><p style="margin: 0px 0px 18px; padding: 0px; border: 0px; font-family: Arial, sans-serif; font-size: 14px; font-stretch: inherit; line-height: 22px; vertical-align: baseline; color: rgb(51, 51, 51);">&nbsp;</p><p><iframe frameborder="no" height="166" scrolling="no" src="https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/211786376&amp;color=ff5500&amp;auto_play=false&amp;hide_related=false&amp;show_comments=true&amp;show_user=true&amp;show_reposts=false&amp;show_artwork=false" width="100%"></iframe></p><p style="margin: 0px 0px 18px; padding: 0px; border: 0px; font-family: Arial, sans-serif; font-size: 14px; font-stretch: inherit; line-height: 22px; vertical-align: baseline; color: rgb(51, 51, 51);"><span style="margin: 0px; padding: 0px; border: 0px; font-family: inherit; font-size: 24px; font-style: inherit; font-variant: inherit; font-weight: inherit; font-stretch: inherit; line-height: inherit; vertical-align: baseline;">Reclaimed Soul: Soul artist Keith Barrow</span></p><p style="margin: 0px 0px 18px; padding: 0px; border: 0px; font-family: Arial, sans-serif; font-size: 14px; font-stretch: inherit; line-height: 22px; vertical-align: baseline; color: rgb(51, 51, 51);">Reclaimed Soul host Ayana Contreras shares the history of Chicago born-and-bred soul artist Keith Barrow by sharing records from his personal collection. Reclaimed Soul airs Thursdays at 8 p.m. on Vocalo.&nbsp;</p><p style="margin: 0px 0px 18px; padding: 0px; border: 0px; font-family: Arial, sans-serif; font-size: 14px; font-stretch: inherit; line-height: 22px; vertical-align: baseline; color: rgb(51, 51, 51);"><strong style="font-family: inherit; font-size: inherit; font-style: inherit; font-variant: inherit; line-height: inherit; margin: 0px; padding: 0px; border: 0px; font-stretch: inherit; vertical-align: baseline;">Guest:&nbsp;</strong><em><a href="https://twitter.com/reclaimedsoul">Ayana Contreras</a> is the host of Vocalo&#39;s Reclaimed Soul.&nbsp;</em></p></p> Wed, 24 Jun 2015 08:34:00 -0500 http://www.wbez.org/programs/morning-shift/2015-06-24/morning-shift-transgender-teens-look-find-their-voice-112239 Indiana same-sex marriage proponents celebrate Supreme Court decision http://www.wbez.org/news/indiana-same-sex-marriage-proponents-celebrate-supreme-court-decision-110904 <img typeof="foaf:Image" src="http://llnw.wbez.org//main-images/Gay-Marriage-.png" alt="" /><p><p>Kelly Dooley says it doesn&rsquo;t take much for him and his friends to celebrate.</p><p>But on Monday night, Dooley raised his glass for a toast at a restaurant in Crown Point, Indiana.</p><p>Dooley and about a dozen friends celebrated the U.S. Supreme Court&rsquo;s inaction, which nullifies Indiana&rsquo;s ban on same-sex marriage.</p><p>Although Dooley got married eight years ago in Canada, his marriage to his husband Matthew wasn&rsquo;t recognize by Indiana -- until now.</p><p>&ldquo;This is a great day. We&rsquo;re very, very happy here with this group,&rdquo; Dooley said.</p><p>Dooley&rsquo;s friend Jacqueline Castro joined the celebration.</p><p>&ldquo;(I) Never saw it coming,&rdquo; Castro said. &ldquo;Never in my wildest dreams did I think this would happen, no. Not in Indiana.&rdquo;</p><p>Castro&rsquo;s been with her partner Nancy for 20 some years. She married in late June when a federal judge initially nixed Indiana&rsquo;s same-sex marriage ban.</p><p>That ruling was appealed by the State of Indiana. Her marriage, and that of hundreds of other same-sex couples, was put on hold.</p><p>That hold was dropped once the U.S. Supreme Court refused Monday to hear Indiana&rsquo;s case and similar ones filed by Wisconsin, Oklahoma, Utah and Virginia.</p><p>This makes same-sex marriage legal in 30 states and the District of Columbia.</p><p>Castro says the ruling brings a sense of security for her and her wife.</p><p>&ldquo;Now, no matter what happens to me, my partner will be secure in her future and vise-versa. It&rsquo;s no different than anybody else,&rdquo; Castro said.</p><p>But not everyone is celebrating the decision.</p><p>Just up the street at a coffee shop, Kent Lane says he can&rsquo;t and won&rsquo;t support gay marriage.</p><p>&ldquo;I don&rsquo;t like it. Not at all,&rdquo; said Lane, who lives in the the town of Remington, about 20 miles south of Crown Point.&nbsp; &ldquo;It just should be between a man and a woman. It&rsquo;s wrong in the Bible. It&rsquo;s wrong, period. Like they said way back, It was Adam and Eve, it wasn&rsquo;t Adam and Steve.&rdquo;</p><p>Lane isn&rsquo;t alone.</p><p>Dr. Ron Johnson Jr.&nbsp; is a local minister and head of the Indiana Pastors Alliance.</p><p>&ldquo;I think what this is a sign of is the deep moral darkness that our nation is in right now that we can&rsquo;t figure out something as something as commonsensical as the fact that marriage should be between a man and woman who can have children,&rdquo; Dr. Johnson said.&nbsp;</p><p>Dr. Johnson is also miffed that the court nullified the will of most Hoosiers who supported the state&rsquo;s definition of marriage.</p><p>&ldquo;I just get deeply concerned when we have judges who think they know better than the millions of Hoosiers who already weighed in a situation or who should be given the opportunity to weigh in on a situation,&rdquo; Johnson said.</p><p>Although he doesn&rsquo;t support the ruling, Indiana&rsquo;s Republican Gov. Mike Pence says he will respect it.</p><p>Pence urges Indiana residents to continue to demonstrate civility and &quot;respect the beliefs of all people in our state.&quot;</p><p>But Indiana Senate Pro Tem David Long, a Republican from Fort Wayne, was shocked by the Supreme Court&rsquo;s inaction.</p><p>&ldquo;It is surprising, given the importance of this issue to our society, that the U.S. Supreme Court has decided not to take up this matter, but instead to rely upon lower court rulings,&rdquo; Long said. &ldquo;That being said, the Court appears to have sent a message that if they ultimately do hear these cases, they will support these lower court rulings, and find that same-sex marriage is on equal footing with traditional marriage.&rdquo;</p><p>Long added an effort to write a same-sex marriage ban into the Indiana&rsquo;s constitution is also over after several years of trying.</p><p>&ldquo;The effort to amend the Indiana Constitution to define marriage as the union of one man and one woman would appear to be over unless the U.S. Supreme Court reverses its decision and ultimately takes up the matter in the future to overturn the current decision by the 7th Circuit concerning Indiana law,&rdquo; Long said. &ldquo;Given today&rsquo;s ruling, that appears unlikely.&rdquo;</p><p>Kelly Dooley knows not everyone will be happy with the ruling, but says Indiana has already come a long way in terms of accepting same-sex marriage.</p><p>&ldquo;(Attitudes) are not going to flip over night and it&rsquo;s going to be a long time,&rdquo; Dooley said. &ldquo;But I said it once before and say it again: Had I ever been asked 20 years ago that this would be like this, I could have said no.&rdquo;</p><p>County clerk offices through Indiana are gearing up for what could be a busy day on Tuesday.</p><p>There is no waiting period as judges can perform marriage ceremonies today.</p><p><em>The Associated Press contributed to this story.</em></p><p><em>Michael Puente is WBEZ&rsquo;s Northwest Indiana Bureau reporter. Following him on Twitter <a href="https://twitter.com/MikePuenteNews">@MikePuenteNews</a>.</em></p></p> Tue, 07 Oct 2014 07:51:00 -0500 http://www.wbez.org/news/indiana-same-sex-marriage-proponents-celebrate-supreme-court-decision-110904 Did the Supreme Court just legalize gay marriage? http://www.wbez.org/news/culture/did-supreme-court-just-legalize-gay-marriage-110903 <img typeof="foaf:Image" src="http://llnw.wbez.org//main-images/ap13498193275_wide-2c372ebaccbafc28cf6f9e841ea4af7856422407-s40-c85.jpg" alt="" /><p><p>Technically, the Supreme Court today did <em>not</em> establish a constitutional right for same-sex couples to marry. It merely declined an opportunity to rule definitely one way or the other on the question.</p><p>But in the not-too-long run, the consequences may well be the same. Because the situation the court created &mdash; or acknowledged &ndash; will almost surely continue trending in favor of same-sex couples who want to marry.</p><p>Conversely, the legal ground is eroding for states that want to stop such marriages or deny them legal recognition.</p><p>As thousands more same-sex couples marry all over the country, this legal climate change becomes a kind of <em>fait accompli</em>.</p><p>For the moment, the court&#39;s denial of review means state-enacted bans on same-sex marriage in five states were wiped off the books. The denial meant lower court rulings that spiked those bans will now stand. Let&#39;s call them The Five.</p><p>So couples in The Five could begin marrying regardless of gender as of today &mdash; and some got licenses immediately.</p><p>In six other states that had banned the practice, further legal proceedings may be needed to apply the rulings of the relevant federal Circuit Courts of Appeal. But because these six are connected to The Five through the federal circuit system (jurisdictions for the purpose of appealing federal court decisions) the same judgment will apply. Effectuating that judgment in these six states is a short step &ndash; and one that is already in motion.</p><p>Then they will be just like The Five.</p><p>That will bring the number of states where gay marriage has been legalized, either by the state itself or through these federal cases, to 30. And these states are home to the vast majority of the national population.</p><p>There are still ways for the Supreme Court to re-assert itself in this debate. But the question is, do they want to?</p><p>Many legal experts have looked over the landscape and perceived both a trend in the federal system and a signal from the nine justices who sit at its zenith.</p><p>Amy Howe, the editor of the highly regarded <a href="http://www.scotusblog.com/" target="_blank">SCOTUSBlog</a> told NPR&#39;s Nina Totenberg that the justices &quot;are very smart people&quot; and added, &quot;I don&#39;t think they&#39;re going to be able to put the genie back in the bottle.&quot;</p><p>The genie got out back in June 2013, when the court decided Windsor v. United States, throwing out the 1996 Defense of Marriage Act (DOMA). By smacking down this pivotal federal statute, the court threw wide the gates for other challenges to state laws barring gay marriage or otherwise treating gays differently.</p><p>Now, as those challenges come in waves, the federal courts at all levels are applying the reasoning from Windsor with great consistency.</p><p>If the high court wanted to use that as an occasion to declare a constitutional right, it could have taken one or more of the cases it denied today. But opponents of gay marriage had hoped the court would take such a case for precisely the opposite reason &ndash; to uphold the states&#39; right to ban gay marriage.</p><p>Instead, Howe observes, the justices instructed their confreres at lower levels of the pyramid to &quot;keep on doing what you&#39;re doing.&quot;</p><p>In other words, there isn&#39;t a clear majority of the nine to settle the matter with a landmark ruling one way or the other.</p><p>They could choose to re-enter the fray at some later point, perhaps when another Circuit Court of Appeals weighs in with a ruling that supports the state&#39;s right to ban gay marriage. That would at least create a conflict for the Supreme Court to resolve.</p><p>Or it could revisit the issue later, perhaps when a clear majority has formed either to prohibit gay marriage or to permit it. That might require waiting until Justice Anthony Kennedy, a swing vote on such issues, declares himself. Or it could await the next retirement of a sitting justice and the confirmation of a successor.</p><p>But as the number of legal gay marriages skyrockets, and the practice becomes both legal and common across most of the states and most of the population, a future court is less and less likely to rescind it.</p><p>Or even take such a case.</p><p><em><em>&mdash; </em></em><a href="http://www.npr.org/2014/10/06/354140391/did-the-supreme-court-just-legalize-gay-marriage" target="_blank"><em>via NPR</em></a></p></p> Mon, 06 Oct 2014 17:59:00 -0500 http://www.wbez.org/news/culture/did-supreme-court-just-legalize-gay-marriage-110903 Supreme Court ruling ‘bittersweet’ for Illinois civil-union couples http://www.wbez.org/news/supreme-court-ruling-%E2%80%98bittersweet%E2%80%99-illinois-civil-union-couples-107867 <p><p>The U.S. Supreme Court&rsquo;s move to strike down the federal definition of marriage on Wednesday likely won&rsquo;t have much of an effect on the thousands of Illinois couples who have entered civil unions, according to legal activists.</p><p>The justices&rsquo; decision to invalidate a part of the Defense of Marriage Act, which defined marriage as being between one man and one woman, clears the way for married gay couples to qualify for some federal benefits previously granted only to heterosexual couples.</p><p><img alt="" class="image-original_image" src="http://www.wbez.org/system/files/styles/original_image/llo/insert-images/RS7322_DOMARallySmall%20%2817%20of%2024%29-scr%281%29.jpg" style="height: 233px; width: 350px; float: right;" title="Chicago's Gay Liberation Network hosted a rally the evening that the U.S. Supreme Court struck down provisions of DOMA, the federal Defense of Marriage Act. The court also sent back a decision on California's Prop 8. The event was mostly celebratory, but organizers pushed Chicago's LGBT community to press Illinois legislators to pass approval of same-sex marriage. Josh McGrane (left) and Jihad Id-Deen came to the rally together. (WBEZ/Shawn Allee)" />But most of those benefits likely will not apply to same-sex couples in Illinois civil unions, said Camilla Taylor, a lawyer with the gay rights group Lambda Legal.</p><p>&ldquo;As a general rule, couples in civil unions are gonna feel the hurt of discrimination on a federal level, as well as a state level,&rdquo; Taylor said. That&rsquo;s because most federal laws refer only to marriage, not civil unions, she said.</p><p>Same-sex civil unions, which confer some state-level legal benefits to couples, are currently allowed in six states, including Illinois. About 6,100 couples have applied for civil union licenses in the state through May, according to the state Department of Public Health.</p><p>But court&rsquo;s decision will only apply to couples in the thirteen states, and the District of Columbia, where same-sex marriages are currently allowed, Taylor said. Those couples could qualify for certain Social Security benefits, veterans benefits and immigration status, once federal agencies sort out their procedures in the wake of Wednesday&rsquo;s ruling.</p><div class="image-insert-image "><div class="image-insert-image "><img alt="" class="image-original_image" src="http://www.wbez.org/system/files/styles/original_image/llo/insert-images/RS7332_DOMARallySmall%20%284%20of%2024%29-scr.jpg" style="float: left; height: 450px; width: 300px;" title="Robert Castillo, 45, of Logan Square attended a rally hosted by Chicago's Gay Liberation Network the evening after the U.S. Supreme Court struck down provisions of DOMA, the federal Defense of Marriage Act. The court also sent back a decision on California's Prop 8. The event was mostly celebratory, but organizers pushed Chicago's LGBT community to press Illinois legislators to pass approval of same-sex marriage. (WBEZ/Shawn Allee)" />&ldquo;There&rsquo;s certainly people who have gone to Iowa, or elsewhere&mdash;to another state or even to Canada to get married,&rdquo; said John Knight, director of the ACLU of Illinois&rsquo; LGBT project. &ldquo;That marriage is legal but it&rsquo;s not recognized by the state of Illinois as a marriage, it&rsquo;s recognized only as a civil union.&rdquo;</div></div><p>He says those marriages may be eligible for certain benefits but they&rsquo;re waiting for guidance from the federal government to make it clear that federal benefits are provided to those people even though the state doesn&rsquo;t recognize their marriage.</p><p>That&rsquo;s why news of Wednesday&rsquo;s court decisions was met with mixed emotions from couples like Lakeesha Harris and Janean Watkins, both from Chicago.</p><p>Two years ago, the pair became the first in Cook County to get a civil union license, after being together for about a decade.</p><p>But now, Harris, 38, said she feels elated, yet distant, from Wednesday&rsquo;s rulings.</p><p>&ldquo;For Illinois, in this middle ground, this holding place...it&rsquo;s very bittersweet,&rdquo; Harris said. &ldquo;Like, we&rsquo;re watching these federal laws progress, [but] here in the state of Illinois, not so much.&rdquo;</p><p>A bill to legalize same-sex marriage in Illinois fizzled in the waning hours of the legislative session last month, when its sponsor declined to call it up for a vote in the House. The bill has already cleared the State Senate, and Democratic Gov. Pat Quinn has vowed to sign it if it passes the General Assembly.</p><p>But Watkins, 39, said she hopes the rulings will add some momentum to the push for same-sex marriage in Illinois.</p><p>&ldquo;Hopefully, that&rsquo;ll make some of the legislators and lawmakers see that, okay, it&rsquo;s not gonna make everything come to pieces,&rdquo; Watkins said. &ldquo;It&rsquo;s gonna help economically, it&rsquo;s gonna help socially, it&rsquo;s gonna help in many different ways.&rdquo;</p><p><em>Alex Keefe covers politcs for WBEZ. Follow him @<a href="http://twitter.com/akeefe" target="_blank">akeefe</a>. </em></p><p><em>WBEZ producer Katie O&#39;Brien contributed to this report. </em></p></p> Wed, 26 Jun 2013 15:38:00 -0500 http://www.wbez.org/news/supreme-court-ruling-%E2%80%98bittersweet%E2%80%99-illinois-civil-union-couples-107867 Morning Shift: SCOTUS rules on Prop 8 and DOMA http://www.wbez.org/programs/morning-shift-tony-sarabia/2013-06-26/morning-shift-scotus-rules-prop-8-and-doma-107849 <img typeof="foaf:Image" src="http://llnw.wbez.org//main-images/Gay Marriage Flickr- carlosmelia.jpg" alt="" /><p><p>SCOTUS rules on Prop 8 and Doma. What will the impact be on marriage rights across the states?&nbsp;</p><script src="//storify.com/WBEZ/morning-shift-is-there-wheat-in-that-is-it-process.js?header=false"></script><noscript>[<a href="//storify.com/WBEZ/morning-shift-is-there-wheat-in-that-is-it-process" target="_blank">View the story "Morning Shift: SCOTUS rules on Prop 8 and DOMA " on Storify</a>]</noscript></p> Wed, 26 Jun 2013 08:01:00 -0500 http://www.wbez.org/programs/morning-shift-tony-sarabia/2013-06-26/morning-shift-scotus-rules-prop-8-and-doma-107849 Chicago filmmaker and BRCA-positive woman celebrates liberation of her genes http://www.wbez.org/news/chicago-filmmaker-and-brca-positive-woman-celebrates-liberation-her-genes-107722 <img typeof="foaf:Image" src="http://llnw.wbez.org//main-images/BRCA.jpg" alt="" /><p><p>Joanna Rudnik&rsquo;s mother was in her early 40s when she was diagnosed with ovarian cancer. Fearing a similar fate, the Chicago filmmaker decided to document her family&rsquo;s history&mdash;and her own predisposition&mdash;in the 2008 film, <a href="http://www.pbs.org/pov/inthefamily" target="_blank"><em>In the Family</em></a>.</p><p>She was single and just 27 years old when she tested positive for a mutation of the so-called breast cancer gene. But Rudnick desperately wanted children. She wasn&rsquo;t ready to lose her ovaries to lower her risk of cancer.</p><p>She then had to decide between surveillance and surgery.</p><p>But at least she had a choice.</p><p>Not many women get that choice. Because not many women have access to the information she had; to know that they are possibly living with a ticking time bomb inside of them.</p><p>Those who test positive for BRCA mutations have up to an 85 to 90 percent lifetime chance of developing breast cancer. And up to a 50 to 60 percent life chance of developing ovarian cancer.</p><p>Dr. Olufunmilayo Olopade directs the Cancer Risk Clinic at the University of Chicago. She said many family members live under a cloud of fear.</p><p>Olopade&rsquo;s been working for more than nearly two decades to open up genetic testing to all women.</p><p>&ldquo;I spent my time as a cancer geneticist and expert in cancer-risk assessment actually calling insurance companies to advocate that women would benefit from the test and they should cover it. Sometimes when it&rsquo;s denied, then the women can&rsquo;t afford it, then they just don&rsquo;t take the test,&rdquo; Olopade explained.</p><p>See, many uninsured or underinsured women couldn&rsquo;t afford the test. And really, most third-party payers didn&rsquo;t want to cover the BRCAnalysis test. Because it generally cost over $3,000.</p><p>The reason? There&rsquo;s just one test. A Salt Lake City-based biotech company called Myriad Genetics had a monopoly. They obtained patents on the two genes back in the 1990s, eliminating any chance of market competition.&nbsp;</p><p>Near the end of filming, Rudnik went to Myriad&rsquo;s offices to confront them. She met with the founder and Chief Scientific Officer Mark Skolnick. He said the bottom line is that women were getting tested&mdash;in fact, he claimed she would not have been tested were it not for Myriad. And that doctors were &ldquo;not prepared to do this.&rdquo; He claimed that Myriad has addressed every problem that came up and solved it because they had a commercial interest.</p><p>The Supreme Court ruled that Myriad&rsquo;s interests did not give them the right to patent parts of naturally-occurring genes. The unanimous decision came at an especially significant time for Rudnick.</p><p>Thursday was her 39th birthday.</p><p>In December, Rudnick was diagnosed with breast cancer&mdash;just a few months after giving birth to her second daughter. She just finished chemo and recently underwent a bilateral mastectomy and an oophorectomy.</p><p>&ldquo;I just want better choices for my daughters&mdash;because I don&rsquo;t want my daughters to go through what I went through and I want them to have better options&rdquo; Rudnick said.</p><p>Soon after the Supreme Court delivered its decision, several labs announced plans to offer genetic testing. One lab, DNATraits, said it planned to offer the BRCA test in the U.S. for $995&mdash;that&rsquo;s less than a third of the current price.</p><p>Rudnick called the court&rsquo;s decision an absolute victory. But she believes it needs to be taken a step further. Now that women&rsquo;s genes have been reclaimed, she says it&rsquo;s time to collect the data Myriad compiled&mdash;so that better, cheaper tests and treatments can be developed.</p><p>In Honor of the Supreme Court&rsquo;s decision, PBS has posted Rudnick&rsquo;s film, In the Family, on its website. It can be <a href="http://www.pbs.org/pov/inthefamily/full.php#.UbuX6b-R98E" target="_blank">viewed online</a>, free of charge.</p><p><em>Katie O&rsquo;Brien is a WBEZ reporter and producer. Follow her <a href="http://twitter.com/katieobez" target="_blank">@katieobez</a>.</em></p></p> Mon, 17 Jun 2013 07:40:00 -0500 http://www.wbez.org/news/chicago-filmmaker-and-brca-positive-woman-celebrates-liberation-her-genes-107722 Tea Leaves, Notes on Prop 8 and DOMA http://www.wbez.org/blogs/achy-obejas/2013-03/tea-leaves-notes-prop-8-and-doma-106399 <p><div class="image-insert-image "><img alt="" class="image-original_image" src="http://www.wbez.org/system/files/styles/original_image/llo/insert-images/RS7174_AP29021142819-scr.jpg" title="Edie Windsor, the plaintiff in DOMA, outside the Supreme Court (AP)" /></div><p>&nbsp;</p><p>There seems to be a growing consensus that the Supreme Court will strike down the Defense of Marriage Act but step away from Prop 8, ruling that the plaintiffs in the case -- private citizens who led a public referendum to undo California&rsquo;s same sex marriage legalization -- don&rsquo;t actually have standing.<br /><br />If that&rsquo;s what they do -- and I tend to lean in that direction -- the net effect will mean that, on Prop 8, the ruling of the lower courts will stand: Prop 8 will be thrown out and same sex marriages will be legal in California again. The ruling will affect only California.<br /><br />Ruling DOMA unconstitutional will mean that same sex couples married in any one of the eight states and the District of Columbia that permit it will be eligible for all the rights and privileges of opposite sex couples -- and as the Justices pointed out, there are more than 1,000 benefits from which same sex married couples are currently excluded, including Social Security survivor benefits, military family housing, tax filing, etc.<br /><br />But here are a few other things to consider:<br /><br />* There may be no majority opinion on Prop 8. Justice Anthony Kennedy seemed torn between wanting the case tossed and not wanting to devalue referendum efforts. But some of the Justices may rule the law unconstitutional (probably Justices Sonia Sotomayor, Elena Kagan, Steven Breyer and Ruth Gingsburg), others may argue standing (Samuel Alito, John Roberts), and some may argue that Prop 8 should be upheld (Antonin Scalia and Clarence Thomas). If the majority opinion doesn&rsquo;t have five Justices signing it, there&rsquo;s no precedent. If the Justices don&rsquo;t rule it out on standing, this may be the only way out on Prop 8. Otherwise, the court will be forced into establishing a constitutional precedent: either there&rsquo;s a right to same sex marriage (which the conservatives don&rsquo;t want on the books) or there&rsquo;s not (which the liberals don&rsquo;t want). Prop 8 is all or nothing -- there&#39;s almost no way to narrow it down; ruling on standing avoids both of those conclusions, as does not getting a majority.<br /><br />* If the Justices strike down California&#39;s ban on gay marriage by upholding Prop 8, tossing the case, or not getting a majority, it would trigger marriage ban repeal efforts in other states. Forty-one states now ban same-sex marriage. On the other hand, a verdict to find Prop 8 unconstitutional would render all of those bans illegal without state recourse.<br /><br />* If the Justices rule that the citizen organizers of Prop 8 don&rsquo;t have standing, that the interests of the people of California can only be represented in court by elected officials such as the state&rsquo;s governor, attorney general or solicitor general, they will seriously cripple California&rsquo;s referendum system (perhaps not the worst thing that could happen, given the state&rsquo;s history of controversial, and frequently problematic, propositions).<br /><br />* Standing -- whether there is an actual adversarial relationship between the parties before the court -- may actually be more tentative in DOMA than in the Prop 8 case. In fact, the Justices appointed an attorney to argue there&rsquo;s no standing in DOMA but not in Prop 8.</p><p>In DOMA, the government has already determined the law is unconstitutional but has continued to enforce it in spite of lower rulings that agree. In other words, the Obama administration and Edie Windsor, the plaintiff, are on the same side. In the meantime, the people defending DOMA are with the House of Representatives&rsquo; Bipartisan Legal Advisory Group (BLAG). Both Roberts and Scalia made a point of saying it was unprecedented for a case to come to the court in which the law was being defended by a group that had not sustained injury or, basically, had much to do with the original suit. Nancy Pelosi, the Minority Leader in the House, has argued BLAG does not, in fact, represent the House&rsquo;s interests but only that of the GOP leadership. (BLAG has racked up a a $3 million bill so far.)</p><p>If the court decides BLAG doesn&rsquo;t have standing, it&rsquo;s less clear what will happen. Most likely, there will be no precedent and DOMA will continue on the books until there&rsquo;s another case or until Congress repeals it. Windsor would most likely get her tax monies back, as ordered by the lower courts.<br /><br />* Should there be no decision on DOMA, and if the law gets kicked back to Congress for repeal, the votes would break straight down party lines in the Senate but not quite in the House. There are currently six Republicans who support repealing DOMA, and <a href="http://thenewcivilrightsmovement.com/doma-who-are-the-19-democrats-who-voted-for-doma-this-week/legislation/2011/07/08/23322">19 Democrats who support DOMA</a>, including two in Illinois: Jerry Costello and Dan Lipinsky.<br /><br />* The National Organization for Marriage has said that, should there be a vote for same sex marriage in either case, it will begin <a href="http://www.rightwingwatch.org/content/nom-s-brown-invokes-lincoln-push-federal-marriage-amendment-we-cannot-be-half-slave-half-fre">a campaign</a> for a Federal Marriage amendment, banning marriage equality nationwide. &ldquo;We need a solution in this country, we cannot be, as Lincoln said, half slave, half free,&rdquo; said Brian Brown, NOM&rsquo;s president. The FMA has been around since 2002, when former Supreme Court aspirant Robert Bork helped draft it, but it&rsquo;s never had enough support to even come for a vote. Nothing suggests it would have any better success now.<br /><br /><br /><br />&nbsp;</p></p> Fri, 29 Mar 2013 22:34:00 -0500 http://www.wbez.org/blogs/achy-obejas/2013-03/tea-leaves-notes-prop-8-and-doma-106399 You can support equality without being into marriage http://www.wbez.org/blogs/nico-lang/2013-03/you-can-support-equality-without-being-marriage-106303 <p><p style="text-align: center;"><img alt="" class="image-original_image" src="http://www.wbez.org/system/files/styles/original_image/llo/insert-images/prop8.jpg" style="width: 300px; height: 200px; float: right;" title="File: Prop 8 demonstrators. (AP/File)" /></p><p>F. Scott Fitzgerald once wrote that intelligence is the &ldquo;ability to hold two opposed ideas in the mind at the same time, and still retain the ability to function.&rdquo;</p><p>I thought of Fitzgerald today as SCOTUS deliberated on Prop 8 and God was flooded with prayers from queer people to strike Scalia dead and friends flooded my Facebook feed with equal signs to show their support for marriage equality. It should have been an easy decision, right? I click a button, make a red mathematical mark my profile pic and then go back to watching <em>Bob&rsquo;s Burgers</em> instead of being productive.</p><p>But I didn&rsquo;t do it. I couldn&rsquo;t do it. I support marriage equality, but my support deserves more explanation than a simple photograph can explain, and I saw a number of fights break out on Facebook as people struggled to articulate their mixed emotions on marriage to friends and family. Our politics are complicated. A picture might speak a thousand words, but in this case, those would be the wrong ones. These are my thousand words. They are my own.</p><p>As a queer person and a human person who respects the dignity of all people, I support everyone&rsquo;s right to love and to have that love recognized, if they so choose. I support my friends who have waited for years and decades to do something that Britney Spears can do when she&rsquo;s drunk.</p><p>I support everyone that deserves to be able to visit their partner in the hospital or inherit half of their life together when their partner dies. I support their right to completely, totally screw them up, just like straight parents do. I support the rights of distant gay dads and overbearing lesbian mothers. I support their right to a divorce -- to the ugliest, most Real Housewives-esque arbitration known to man.</p><p>I support everyone&rsquo;s right to have whatever beautifully imperfect love they want, to strive to do better than their parents and fail sometimes and post pictures of it on Facebook. One day, I spent an hour and a half looking through Facebook photos of my favorite professor and her partner&rsquo;s preposterously adorable twins, which they dress in matching baby jumpers. They even dressed them up like chickens for Halloween. Motherflipping c<em>hickens</em>. How can I not support baby poultry? I&rsquo;m not a monster.</p><p>However, supporting and affirming their marriages doesn&#39;t mean I have to support marriage as a concept or believe it should be the issue sweeping our social media. I want to see people coming together to think critically about assimilation and what marriage, as a value, means for us. Same-sex marriage isn&#39;t a shortcut to queer liberation, and it&#39;s not just society&#39;s views on who can get married that need to evolve. It&#39;s marriage.</p><p>Of all people, I feel that Rufus Wainwright put it best. Wainwright is a libertarian (like our good friend Ron Swanson) and doesn&rsquo;t believe in marriage in general. When asked about it his feelings on marriage equality back in 2008, Mr. Wainwright <a href="http://www.towleroad.com/2008/12/rufus-wainwrigh.html">quipped</a>:</p><div><blockquote><p dir="ltr">&ldquo;Oddly enough, I&rsquo;m actually not a huge gay marriage supporter. I personally don&rsquo;t want to get married but I think that any law or amendment to the constitution that deals with sex and love should just be banned in general. I don&rsquo;t think any government should encroach on what goes on in the bedroom at all. Frankly, if you want to marry a dog, why don&rsquo;t you go ahead and marry a dog, I don&rsquo;t care.&rdquo;</p></blockquote><p dir="ltr">But despite his opposition to marriage in general, Wainwright affirmed his belief in the individual&rsquo;s right to decide for themselves: &ldquo;A girl likes options,&quot; he said. &quot;Maybe someday I will want to marry.&rdquo;</p><p dir="ltr">I agree with Wainwright (who later did get married to his partner). I believe in a person&rsquo;s right to choose the relationship that&rsquo;s right for them, whether that&rsquo;s a beautiful lesbian family with heartbreakingly photogenic children or no family at all. I also want to celebrate the unattached people and everyone who resists our culture of Singleism and doesn&rsquo;t confer rights to healthcare and visitation just because they&rsquo;re in a relationship the state approves of.</p><p dir="ltr" style="margin-top: 0pt; margin-bottom: 0pt; text-align: center;"><img alt="" class="image-original_image" src="http://www.wbez.org/system/files/styles/original_image/llo/insert-images/femmehulk.jpg" style="height: 400px; width: 390px; float: left;" title="(Feminist Hulk/Twitter)" /></p><p dir="ltr" style="margin-top: 0pt; margin-bottom: 0pt;">As a feminist, I don&rsquo;t want to tell anyone that they need to get married to be deserving of rights and protections. Imagine if you told a female friend of yours she had to get married to have worth. She would Hulk-smash you.</p><p dir="ltr">Instead, I think that we need to do more work to give the benefits of marriage to everyone. Single folks deserve healthcare, just like poly folks shouldn&rsquo;t have to decide which of their partners gets to have rights and which do not. While we figure out what the Affordable Healthcare Act means for queer and trans* folks, we must continue to fight for our community health, including the people that marriage leaves out.</p><p dir="ltr">The problem is that marriage, as <a href="http://achatwithnicolang.tumblr.com/post/46405747469/for-me-queer-theory-is-the-emblematic-example-of">an ideology</a>, speaks to a homonormative subset of the community, where our worth is predicated on our ability to fit into a straight-approved archetype of &quot;gay identity.&quot; It asks us to be a part of the new normal, rather than critiquing the idea of a normal existing at all. Instead, we need to fight for the people outside of the box and their right to critique the box and tear down the box. We need to recognize the institutions that created the box, ask whose agenda the box really serves and question why we need a box at all. Screw the box.</p><p dir="ltr">We can support our friends who want to get married while realizing that marriage doesn&rsquo;t speak to all of our experiences, reflecting on those whose systemic issues marriage can&rsquo;t fix. What about the queer and trans* youth who don&rsquo;t need a ring to fix their problems? We need to put a roof on it, providing shelter for all those who need solace and refuge. All of us deserve love, whether that love is a piece of paper that speaks to decades of struggle for recognition or having a community that supports you and gives you the safe spaces you need.</p><p dir="ltr">Our love needs to be bigger, greater and more inclusive. Our love needs to stop asking trans* people to wait their turn, to start recognize bisexuals as even existing and to work to create a culture that isn&rsquo;t just marriage positive: it&rsquo;s body positive, fat positive, single positive, sex positive and intersectional. While we fight for marriage equality, we must remember to simply fight for equality.</p><p dir="ltr">Equality isn&rsquo;t just an inevitability. It&rsquo;s a necessity. Our community needs equal rights, so we can stop funding the rights of some and focus on the rights of all. It&rsquo;s time for marriage equality, but it&rsquo;s also time to move on. It&rsquo;s time for trans people. It&rsquo;s time for gender non-conformers. It&rsquo;s time for the differently abled. That&rsquo;s what equality means to me. Equality means everyone.</p><p dir="ltr">I know they don&rsquo;t have a Facebook photo for that, but that&rsquo;s what I want to see my Facebook feed light up with. I don&#39;t want it just to celebrate some of the luminous people I know. I want it to celebrate all of you.</p><p dir="ltr"><em>Nico Lang writes about LGBTQ issues in Chicago. You can follow Nico on Twitter @<a href="http://www.twitter.com/nico_lang">Nico_Lang</a> or find him on <a href="http://achatwithnicolang.tumblr.com">Tumblr</a> and <a href="http://www.facebook.com/nicorlang">Facebook</a>.</em></p></div><p>&nbsp;</p></p> Wed, 27 Mar 2013 05:00:00 -0500 http://www.wbez.org/blogs/nico-lang/2013-03/you-can-support-equality-without-being-marriage-106303 Prop 8 lawyer's Supreme Court argument: Babies and timing http://www.wbez.org/blogs/achy-obejas/2013-03/prop-8-lawyers-supreme-court-argument-babies-and-timing-106291 <p><p><img alt="" class="image-original_image" src="http://www.wbez.org/system/files/styles/original_image/llo/insert-images/RS7163_AP080613018219-scr_0.jpg" style="float: right; height: 200px; width: 300px;" title="File: Supreme Court Justice Anthony Kennedy. Kennedy is considered the swing vote in the Prop 8 case. (AP/File)" />The weirdest part of this morning&rsquo;s arguments on Prop 8 before the Supreme Court is that everybody -- including the lawyer representing Prop 8 backers -- seems to think same sex marriage is an inevitability, but that the court&rsquo;s duty is not to hurry it along.</p><p>&ldquo;<a href="http://blogs.wsj.com/law/2013/03/26/law-blog-doc-dump-transcript-of-proposition-8-arguments/?mod=e2tw" target="_blank">Consider the California voter</a>, in 2008,&rdquo; said Charles Cooper, the attorney for Prop 8&rsquo;s backers, &ldquo;in the ballot booth, with the question before her whether or not this age-old bedrock social institution should be fundamentally redefined, and knowing that there&rsquo;s no way that she or anyone else could possibly know what the long-term implications of -- of profound redefinition of a bedrock social institution would be. That is reason enough, Your Honor, that would hardly be irrational for the voter to say, I believe that this experiment, which is now only fairly four years old, even in Massachusetts, the oldest state that is conducting it, to say, I think it better for California to hit the pause button and await additional information from the jurisdictions where this experiment is still maturing.&rdquo;</p><p>The pause button! Not the stop or off button, but the pause button!</p><p>And what&rsquo;s the rationale for the slowdown? To see if same-sex marriage is working?</p><p>Here&rsquo;s my question: How in heaven&rsquo;s name would that be measured?</p><p>The arguments put forth by Cooper were, frankly, stunning to me. They center mostly on procreation.</p><p>&ldquo;The concern is that redefining marriage as a genderless institution will sever its abiding connection to its historic traditional procreative purposes, and it will refocus, refocus the purpose of marriage and the definition of marriage away from the raising of children and to the emotional needs and desires of adults, of adult couples,&rdquo; Cooper said.</p><p>But doesn&rsquo;t that actually sound like what modern marriage already is? Hasn&rsquo;t that redefinition already taken place among heterosexuals without any influence from the debate about same sex marriage? Hasn&rsquo;t industrialization and feminism already made &ldquo;the emotional needs and desires of adults&rdquo; the focus of modern marriage?</p><p>And because the case is based in California, where adoption is permitted to same-sex couples and where both partners in same-sex couples appear on the birth certificate of biological children, how does same sex marriage affect procreation and, specifically, procreation in traditional heterosexual families?</p><p>It&rsquo;s obvious it doesn&rsquo;t.</p><p>Still, this morning&rsquo;s proceedings suggest that the decision -- if there is a decision -- will likely be split and narrow. While it&rsquo;s fair to say that Justices Elena Kagan, Sonia Sotomayor, Ruth Ginsburg and Stephen Breyer seem ready to toss the totality Prop 8, Justice Anthony Kennedy, possibly the most anguished of the justices and the necessary vote in either direction, seemed a bit reluctant. (Kennedy is also the author of the only two Supreme Court decisions to affirm rights for gays.)</p><p>It was Kennedy, in fact, who today specifically brought up the ruling by the 9th District Court, which determined that Prop 8 improperly denied a right granted to same sex couples by the California Supreme Court. If the justices choose to uphold that verdict, the dismissal of Prop 8 would apply only to California and have no bearing on any other state. In other words, it would be a way of avoiding affirming a constitutional right to marriage for same-sex couples.</p><p>But there is also a chance -- slim but present -- that the case might be dismissed based on standing. That is, that the backers of Prop 8 do not have right to defend it before the court because the state of California itself -- meaning the governor and the attorney general -- have chosen not to defend it.</p><p>This last scenario would have multiple effects: One, it would toss out Prop 8 but without setting precedent. And it would hurl California&rsquo;s ballot initiative process into chaos.</p></p> Tue, 26 Mar 2013 13:46:00 -0500 http://www.wbez.org/blogs/achy-obejas/2013-03/prop-8-lawyers-supreme-court-argument-babies-and-timing-106291