Good News

Feb. 4th, 2004 01:32 pm
stakebait: (enduringfreedom)
[personal profile] stakebait
Massachusetts high court rules that gays are entitled to marry. Yay! ::throws confetti::

Depending on what other states do, this probably doubles my chances of living in Boston some day. I can put up with a subway that doesn't run all night for a government that lets me marry who I damned well choose. Of course, this is the day after Ohio voted to ban same sex unions, but even that can't kill my Whoot! And how are YOU today, Reverand Phelps?

*****

So, Kerry, huh? Yeah, that'll do nicely. I was hovering between him and Dean in the first place, and plumped for Dean on the theory that he had contagious energy more than any major policy issue. I will probably still vote for him in the primary if he stays in the race. But I'll happily back Kerry in the general if he takes the nomination, and not just for anybody-but-Bush reasons.

And not that it's much consolation for Dean, but even if he never pulls further ahead than he is today, he performed yeoman service in drawing the nebulous "character" fire, so that Kerry or whoever the eventual frontrunner turns out to be doesn't come into November with that many more months of snide implications ringing in everyone's ears.

Mer

Date: 2004-02-04 06:59 pm (UTC)
mangosteen: (Default)
From: [personal profile] mangosteen
Depending on what other states do, this probably doubles my chances of living in Boston some day.

I'm all for it. Of course, 2 multiplied by zero is still zero, so I'm not getting my hopes up.... :)

Re:

Date: 2004-02-04 07:40 pm (UTC)
From: [identity profile] stakebait.livejournal.com
Heh. It's not zero. San Francisco and Boston are the next runners up in cities for me to live in that are not New York, both of them being big enough, liberal enough, intellectual enough, and full enough of kinked folks, as well as bookstores and at least some public transit and interesting old buildings. Boston wins on closer to mom, friends, and New York, but SF wins on weather and avocados and stress levels.

I can't say I'm particularly eager to leave New York, but I'm only 30. Sometime in the next 50 odd years there's a good chance I'll get tired of it. :)

Date: 2004-02-04 07:28 pm (UTC)
From: [identity profile] lucifrix.livejournal.com
Massachusetts official rocks. I'm surprised Hawaii wasn't the first state to do this, but I'm not complaining.

Re:

Date: 2004-02-04 07:37 pm (UTC)
From: [identity profile] stakebait.livejournal.com
*nods* I would/will yay for Hawaii too. But in a way it's good that Massachusetts goes first and takes the most heat, since it can play the whole Paul Revere, Boston Tea Party card against idiots who want to call it unAmerican.

Mer

Re:

Date: 2004-02-04 07:39 pm (UTC)
From: [identity profile] lucifrix.livejournal.com
Good point.

You have more knowledge of legal minutiae than I, so answer me this: This could go to the Supremes, right?

Re:

Date: 2004-02-04 07:52 pm (UTC)
From: [identity profile] stakebait.livejournal.com
I don't think so. At least, not directly. It's a matter of the state constitution, so if I'm understanding it right the state's highest court ought to be the final authority.

Unless someone comes up with an argument that says it's *against* the federal constitution, not just not guaranteed by the federal constitution (like if that $#*#*! amendment passes and is ratified.) That could go to the Supremes, 'cause states are allowed to go further than the US constitution does, but they're not allowed to directly oppose it. At least, of late years. The whole States Rights thing gets complicated, so I may well be getting it wrong.

The other way it could come up to the Supreme Court is if somebody gets married in Massachusetts and then calls on another state to recognize it, 'cause that gets into the full faith and credit clause argument. But that wouldn't end up with the Supremes ruling on the Massachusetts decision itself, just on whether other states have to abide by it.

Mer

Re:

Date: 2004-02-04 08:13 pm (UTC)
weirdquark: Stack of books (Default)
From: [personal profile] weirdquark
The other way it could come up to the Supreme Court is if somebody gets married in Massachusetts and then calls on another state to recognize it

Which will happen. Because someone is going to be challenging DOMA once marriage licensed in Massachusetts. But yes, that's challenging DOMA and not the ruling for Mass.

The only way the Mass ruling can go dow now is if the Federal Marriage Amendment passes or if they pass an amendment to Massachusett's consitution. And given that a poll says that only 16% of people in Mass support a marriage amendment, it's not likely to go over here.

Date: 2004-02-04 07:38 pm (UTC)
avram: (Default)
From: [personal profile] avram
Don’t count those wedding bells before they ring. The state legislature can still derail things by defining marriage in the state constitution as being only between a man and a woman.

Re:

Date: 2004-02-04 08:02 pm (UTC)
mangosteen: (Default)
From: [personal profile] mangosteen
All true, but that requires a bit of doing. In MA, a constitutional amendment requires passage by two separate sitting legislatures. They purpose of this, of course, is so that Bad Law can't get written into the constitution by the party in power.

So, there will be same-sex marriage in MA by May. However, until a constitutional amendment gets definitively shot down, it'll be living on borrowed time.

Re:

Date: 2004-02-04 08:07 pm (UTC)
From: [identity profile] stakebait.livejournal.com
No they can't. Unless I'm totally misunderstanding the process, once the court has ruled that's unconstitutional, there can't just be a law, which the legislature can do on its own. There would have to be a constitutional amendment.

In Massachusetts, that means they need 10 registered voters to draw it up, signatures from three percent of the total votes cast in the last gubernatorial election, 25 percent of state legislators must approve the amendment in two successive legislative sessions, and a simple majority of Massachusetts voters must approve the amendment in a statewide election. (Details from this editorial (http://www.bostonphoenix.com/boston/news_features/editorial/documents/02369703.htm) written after the last time such a measure was defeated in Massachusetts, and calling for a harder amendment process.)

Admittedly that's not the hardest amendment process in the world and they've got a good shot at pulling it off eventually, but the legislature can't do it alone, and they can't do it all at once. Basically not until 2006, according to this article (http://www.gaypasg.org/Press%20Clippings/November%202003/What%20Mass.%20Decision%20Means%20for%20You.htm). And from May till then, marriage licenses will be issued and marriages will be being performed. So for at least the next two years, gay marriages *will* happen in Massachusetts.

At that point, even if the opponents manage to stop more of them from happening, what about the ones that already exist? Forcing mass divorces/annulments on unwilling married people is a whole other kettle of political fish.

Mer

Re:

Date: 2004-02-04 08:19 pm (UTC)
avram: (Default)
From: [personal profile] avram
At that point, even if the opponents manage to stop more of them from happening, what about the ones that already exist? Forcing mass divorces/annulments on unwilling married people is a whole other kettle of political fish.

Hoo, rhetorically, that puts us on interesting ground. “You say you want to save marriage, but what about these thousands of marriages that you’re trying to end? What about the children of those couples?”

Re:

Date: 2004-02-04 08:40 pm (UTC)
From: [identity profile] xiphias.livejournal.com
'Zactly. Especially since that will be at least three years down the road, which will mean that, by the time it gets in front of the general population, just about everybody will know and count as a friend SOMEBODY who is married to someone of the same sex.

Re:

Date: 2004-02-04 08:43 pm (UTC)
From: [identity profile] stakebait.livejournal.com
*nodsnodsnods* Not to mention the scare tactics. What if the government decies tomorrow that it doesn't want some other group to marry? Ladies and gentleman, YOU could be NEXT.

And you know, they really could. I don't think they're going to find widespread support for involuntary state dissolution of marriages that have already occured, even among most anti-gay-marriage supporters. It feels too scarily arbitrary to say that the gov't is jerking your life around on that level.

Date: 2004-02-04 09:17 pm (UTC)
From: [identity profile] cadhla.livejournal.com
Assuming California doesn't amend like a good little liberal state, I understand Boston has a lovely zoo and some charming rescue organizations for me to volunteer with...

MWAH.

Re:

Date: 2004-02-04 10:03 pm (UTC)
From: [identity profile] stakebait.livejournal.com
*grin* Good to know.

In my *ideal* world, New York and California will both follow suit.

In my ideal world, of course, Bill Bradley is president and I am independently wealthy and, what the hell, not afraid of reptiles. :)

Mer

Re:

Date: 2004-02-04 10:06 pm (UTC)
From: [identity profile] cadhla.livejournal.com
Well, if you're independently wealthy, you're allowed to be afraid of reptiles. Because you can then afford to give them their own wing in the house. Which will have convenient signs.

Re:

Date: 2004-02-04 10:26 pm (UTC)
From: [identity profile] stakebait.livejournal.com
Now all we have to do is teach the reptiles to read... :)

My main concern about segregating reptiles is that even with scrupulous care they are unlikely to stay segregated 100 percent of the time, and having something in your house that you are Not At All Prepared to deal with getting loose in your house, not even once, not even for a Very Good Reason, seems like it fails the common sense check. OTOH if I'm independently wealthy I could install airlocks or Lizard Early Warning Systems. :)

[calm soothing voice] Do not enter the living room. I repeat, do not enter the living room. There is an iguana on your girlfriend's head. Both of them are asleep.

[note on fridge] Hi honey! Hope you and Tabitha had a nice nap. Please press 1A to give the house it's automated ritual cleansing and call me in Nevada when it's safe to come home. Love you.

Mer

Re:

Date: 2004-02-04 10:41 pm (UTC)
From: [identity profile] barking-iguana.livejournal.com
I didn't know I was so scary. Arf!

Re:

Date: 2004-02-05 12:27 am (UTC)
From: [identity profile] stakebait.livejournal.com
Hee!

I am not a fan of scaly things when I meet them unexpectedly. But in a livejournal icon does not qualify. :)

Re:

Date: 2004-02-04 10:43 pm (UTC)
From: [identity profile] cadhla.livejournal.com
...I am naming my next iguana Tabitha, just for you. And by the way, are you aware of the fact that you would have to be capable of spontaniously producing kittens and bunny rabbits and pints of calorie-free Ben and Jerry's ice cream from your pockets to be any cuter than you are? Seriously. You have Crossed the Line of Cute.

On a more serious note, if it actually came to that, you'd be surprised by how very rarely most reptiles opt to exit their cages without supervision. I've had roughly a dozen iguanas; only one, Rocky, was any good at unplanned escapes. And those were almost always the result of Someone Else Failing To Lock The Cage. So, given safety precautions and a Lack of Snakes, we could probably introduce you to a love of iguanas.

Or, given the givens, I could just name a cat Iggy and periodically dye it green.

But I'll happily call you in Nevada.

Re:

Date: 2004-02-05 12:25 am (UTC)
From: [identity profile] stakebait.livejournal.com
::hands you ice cream and bunnies::

::blinks innocently:: what?

*grin* Also, thank you.

Tabitha was from the tabby kittiguana from email. Because my brain works in mysterious ways. But I think it's a good name. :) And yes, iguanas that are not given to jailbreaks are a thing I might get used to.

I think a periodically green Iggy would be reproachful, yet cute. Also "it's your turn to dye the cat" arguments have great comedic potential.

Re:

Date: 2004-02-05 12:35 am (UTC)
From: [identity profile] cadhla.livejournal.com
Bunnies!!! And ice cream!!!!

I am planning to panhandle for B&Js from the Scoop Shop in Leicester Square. Just so you know. They have 'Full Vermonty' and 'Honey I'm Home', and dammit, I want my ice cream.

I can utterly see where that name comes from, and yet still, I must name an iguana that. A cute iguana who will hopefully remain female past the age where they can be sexed. But I think you're right, you might; iguanas have a lot more personality than most reptiles, once you get used to them. Also, they spend a lot of time Sitting Still and Basking. Which is an appealing thing for a reptile to do.

Oooooooooooo, yes.

"I am having a bad day! You won't let me have a snake! DYE THE CAT!"
"It's your cat!"
"You only say she's my cat when it's time to dye her!"
"CATS AREN'T SUPPOSED TO BE GREEN!!!"

...yeah.

Re:

Date: 2004-02-05 12:42 am (UTC)
From: [identity profile] stakebait.livejournal.com
Sitting still and basking is an appealing thing in any species. :)

Re:

Date: 2004-02-05 12:44 am (UTC)
From: [identity profile] cadhla.livejournal.com
I think people should be required to take a fifteen minute basking break every day.

Yeah.

Re:

Date: 2004-02-05 04:47 am (UTC)
deepad: black silhouette of woman wearing blue turban against blue background (Default)
From: [personal profile] deepad
::snickers::
the both of you are as cute as....
well, green faux-iguana cats, actually.
jadelennox: Senora Sabasa Garcia, by Goya (nate)
From: [personal profile] jadelennox
Come May, there'll be some weddings. Followed, five minutes later, by a quick trip out of state and a DOMA challenge. We'll win in the long run, I think, but the next few years will be tough and unpleasant whilst we fight for it.

I'm fine with Kerry, but... He's been a good senator, in all the ways that matter. But he voted for the Patriot Act. And he's not speaking out in favor of Cape Wind, which is his responsibility, really.

But he'd be a good president. I'm just holding a grudge. *sigh*
From: [identity profile] stakebait.livejournal.com
*nods* I'm a little worried about the DOMA challenge, frankly. The Supreme Court struck down the anti-micegenation laws on a combo of Full Faith and Credit and the post Civil War amendments. With Full Faith and Credit but no explicit constitutional guarantee of rights for gay people to trump the states' contention of a legitimate interest ... too much is riding on the Court extending the stance it took in the Texas sodomy case, which the majority opinion explicitly differentiated from gay marriage at the time.

I think we'll win eventually. I hope it'll be in a few years, and fear it'll be like women's sufferage -- I won't live to see it.

From your link I'm sorry he's against Cape Wind, but I don't know enough about it to base a vote on it. The Patriot Act is big blow, I agree.

Date: 2004-02-05 06:24 am (UTC)
jadelennox: Senora Sabasa Garcia, by Goya (Default)
From: [personal profile] jadelennox
I dunno. I'm sure I'm hopelessly naive, but I feel it would be hard to make a case for legitimate interest to violate article 4 that would pass even Rehnquist's [1] court. Then again, there are plenty of elderly justices for both the White Hats and the Bigoted Hats, and who knows now who'll be appointing their successors. Ugh.

[1] In doing a google search to check the spelling because I'm illiterate, I first searched for "Rhenquist". Google's first hit: defined as penis.

Re:

Date: 2004-02-05 03:57 pm (UTC)
From: [identity profile] stakebait.livejournal.com
I dunno. The court doesn't usually like to get *too* far out ahead of public opinion, Bush honking on about activist judges notwithstanding. I tend to think they're more likely not to take the case than they are to take it and uphold DOMA, or if they do I suspect it will be on a narrow reading. But even without being personally bigoted I can see how a judge who had just struck down an anti-sodomy law this year might feel that this is too much change, too fast for society to absorb. I hope I'm wrong.

The Bigoted Hats would be a good name for a band. :)

Mer
From: [identity profile] barking-iguana.livejournal.com
I think I remember an NYTimes article on that a couple of years ago. Walter Cronkite was one of the NIMBYs and said that he was sort of embarrassed to be on the side he was.

Date: 2004-02-05 06:19 am (UTC)
jadelennox: Senora Sabasa Garcia, by Goya (Default)
From: [personal profile] jadelennox
More power to him, Cronkite has changed his mind. Admitted it was only ever nimbyism, and backed out.

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