NOM Takes on HRC Viral Red Campaign

I’m not one to revel in the downfall of the anti-gay movement. LOL who am I kidding? It’s brilliant to see bigotry and discrimination going the way of the car phone.

After spending the past two days organizing and helping run the stage at the United for Marriage rallies at the Supreme Court, doing about a dozen radio interviews and holding my soon-to-be husband’s hand while Edie Windsor walked down the court steps, I’m tired.

Yesterday after the rally, Sean and I walked to the anti-gay rally and were surprised to find a remarkably tiny crowd and horrifically boring rally. The only fireworks were from a 15 year old gay activist being bullied by some adults in the crowd. I was able to take a few photos of the scant crowd before leaving (or being bored to tears). Thomas Peters of the National Organization for Marriage claimed 15,000 people attended the rally and NOM President Brian Brown claimed over 10,000. Of course, the pictures show otherwise and the Capitol Police count (you know – the people in charge of counting crowds) claimed between 1,500 and 2,000.

The stage at the anti-gay march

The view from the stage at the anti-gay march

And then there’s science. You may have notice 1 or 2 or 1,000 of your Facebook friends have changed their profile photo to a red equal sign or some version of it. According to SpotCo’s media team:

Marriage Equality ‘Red & Pink’ Logo Dominates Facebook 3/26/13-HRC’s Facebook timeline was visited by over 9 million people yesterday.

-The photo was shared over 77,000 times just from the organization’s Facebook page directly.

-Number of profile photo changes to HRC logo estimated in the over 1 million.

-Big Brands jump on board to support. (Madonna, Beyonce, Martha Stewart Bud Light, among others…).

-People from 26 other countries chimed in for support – Japan being at the top of the list.

-Photo remixes estimated over 3,000 just yesterday

And then tonight happened. After at least doubling the crowd of the anti-gay group marching on Tuesday, Thomas Peters, Spokesman for the anti-gay group National Organization for Marriage (and might I add, the worst Communications Director of all time) has launched his own little viral campaign.

I can’t wait to see the stats.

In case you’re looking for a better version of their icon, please share this one:

My two moms can beat up your eight wives: a marriage update

Since there’s a lot going on, I thought it might be time for a little update on what’s going on in the big gay world.

-ILLIONOIS - Yesterday, the Illionois Senate approved marriage overwhelmingly with a vote of 34-21! Happy Valentine’s Day! Support is expected to be thinner but still winnable in the House and we don’t yet know when it will be taken up. Governor Pat Quinn has pledged to sign it into law should the House pass it. YAY!

-RHODE ISLAND - About 3 weeks ago, the RI House approved marriage even more overwhelmingly with a 51-19 vote. The Senate is a bit of an uphill battle but certainly not unwinnable. They are looking at a Spring vote and again the Governor is a huge supporter.

-OHIO - Currently collecting signatures for a pro-equality ballot measure in 2013

-ARIZONA, MICHIGAN & OREON - Currently collecting signatures for a pro-equality ballot measure in 2014

-MINNESOTA  - Following the beatdown of an anti-gay marriage ballot measure in 2012, and a pwnership of the house, senate and the election of awesome pro-equality Governor Mark Dayton, advocates are pushing for a pro-equality bill in the next few months.

One of these states will most likely be state #10 to (not including the unstate of DC) to approve marriage equality.

SCOTUS! (Supreme Court of the United States) March 26th, SCOTUS will be hearing oral arguments on two marriage cases. The first is on CA’s Prop 8. (Perry)

Possible outcomes of Prop 8 decisions: 

All gay marriage bans will be struck down: This is not a likely scenario, but would make me very happy. Our lawyers are arguing to make this happen by pointing out the unconstitutionality of anti-gay marriage bans and the creation of different classes of citizens federally.

Prop 8. will be overturned: This is what most pundits are thinking will happen. It will overturn the discriminatory law and once again allow gay and lesbian Californians to marry in that state only. CA is different from other states because the courts legalized marriage in May of 2008. From May through November (prior to Prop 8 passing), more than 30,000 gay and lesbian Californians were married. This means, there are three separate classes in CA. Heterosexuals who can legally marry, Gays and Lesbians who are legally married and Gays and Lesbians who are prohibited from marrying. This is a good basis for overturning the ban and some think this is the argument the court will use to do so.

Prop 8 will be upheld: Many think this is unlikely considering the proponents of Prop 8 have no legitimate argument outside of “this is how the people voted.” Every court thus far has overturned or upheld the decision of the previous ruling.

SCOTUS will punt: One of the questions presented by the court was whether or not those defending the anti-gay law had the right to defend it in court. The Brown administration and the one before him had both pulled out of defending Prop 8 because they found it to be discriminatory. After that, the anti-gay campaign began defending it in court. Some don’t believe that a biased campaign has the right to defend a state law in court. If SCOTUS punts, then two things could happen, the decisions of the earlier courts could be upheld or they could essentially issue a do-over.

On March 27th (the next day), SCOTUS will be hearing oral arguments on the constitutionality of the so-called Defense of Marriage Act (DOMA). As many of you know, as a side note – Obama’s DoJ stopped defending DOMA a few years ago as on 8 separate occasions now, when the government was sued over DOMA, it has been found unconstitutional – so there’s a bit of precedent here. It’s also clearly a waste of money to defend a clearly unconstitutional law. Yet John Boehner has just increased to $2 million the amount of money they will spend towards lawyers to defend DOMA…yet they keep screaming that we spend too much on frivolous things.

But I digress…

The reason most courts have found DOMA to be unconstitutional is that it violates state’s rights. Legally married gay couples in states that recognize equality are not afforded more than 1100 rights and responsibilities given to heterosexual couples granted by the federal government. This includes everything from federal tax benefits, to citizenship. If I were to marry a man from Argentina – legally, let’s say in DC – they could still be deported because of DOMA. If I (a very gay man) were to marry a woman from Argentina, that marriage would give her the opportunity to apply (and win) US citizenship.

Edie Windos, lead plaintiff in the Supreme Court DOMA cases

Possible outcomes of DOMA decisions:

DOMA is struck down: The court could decide that Section 3 of DOMA (that which defines marriage as being only between a man and a woman) violates state’s rights and the Constitution’s guarantee of equal protection for all under the law.

DOMA is upheld: The court could uphold DOMA which would enshrine two classes of citizen where one class is treated differently under federal law than the other. Legally married gay couples would continue to not receive tax and social security survivor benefits. Another side note: 17 year – Congressman Gerry Studds, the first openly-gay member of Congress, was legally married to his partner of 16 years Dean Hara. When Studds died in 2006, Hara was not elegible to receive spousal survivor benefits and pension afforded every other Congressional spouse.

SCOTUS punts: Due to the aforementioned discrepancies with who is defending this law, the court could dismiss the case on procedural grounds. It would of course, find it’s way back to the Supreme Court eventually, but this would make it so they didn’t have to make a potentially unpopular opinion.

There are actions happening all over the country for you to get involved with. Everything from vigils to lobby days to house parties. Go find out what’s going on near you or plan something and let us know about it at Light to Justice or visit the March4Marriage Facebook page.

In the meantime, might I recommend the film Edie & Thea: A Very Long Engagement (also available on Netflix). It’s a story about Edie Windsor and her wife, Thea. Edie is the lead plaintiff in the upcoming DOMA cases coming before the Supreme Court.

We Will Not Be Erased.

Tom Bridegroom & Shane Bitney Crone

It’s been said that telling our stories is what will make the biggest difference in the end. It’s easy to see the statistics that have changed since more and more people have come out and more and more of our loved ones have changed their minds about support for our equality.

Tom Bridegroom was the host of MTV’s The X Effect in 2006 and 2007. One year ago today, while photographing a model, Tom fell off a rooftop to his death. While his passing was discussed on a handful of websites and amongst friends and fans, very little has been said about his relationship with Shane Bitney Crone.

As any story about a couple that had been together 6 years and then broken apart by tragedy would be, their story is heartbreaking. But what’s different about Tom & Shane’s story is that they were set to marry. And while I could write the story here, Shane has found the courage to tell the story himself 0 in the hopes of spreading the word about the inequalities we face and the irreparable harm it does to our families.

Thank you Shane for your bravery and for telling your story so that others may live to see a day when things are different.

Please watch. And share as much as you can.

He Died Waiting to Get Married

Ed Watson and Derence Kernek

A heartbreaking story out of California tonight.

Last March, we posted this article about Derence Kernek and Ed Watson, who recorded a video for California’s 9th Circuit Court, requesting that they allow Judge Walker’s decision to overturn Prop 8 to stand. This request was because Watson had recently been diagnosed with Alzheimer’s and they wanted to be married while he still had memories of their 40 years together.

On August 4th, 2010, Judge Vaughn Walker ruled that Proposition 8 was unconstitutional as it denied gays and lesbians due process and equal protection under the law. As Walker had not disclosed that he was gay and in a relationship at the time, Prop 8 supporters filed a motion to dismiss his decision as he would stand to benefit from it. Of course their argument fails to recognize that according to their anti-gay claims – any heterosexual judge would stand to benefit from a decision in their favor.

That argument failed in a lower court and today’s hearings before the 9th circuit were in regards to the anti-gay side’s appeal of that decision.

Last night, on the eve of these arguments, Ed passed away due to complications from his quickly-advancing Alzheimer’s and Diabetes. They were never married.

On top of that, because of the inequality in the law, and the couple’s inability to marry, Watson had been denied coverage under Kernek’s retirement plan (as any heterosexual couple would be entitled to). This caused incredible financial hardships.

Kernek could not be reached for comment as their phone had been disconnected.

Please watch the video that this couple put together urging for marriage equality in California

BREAKING: Obama endorses Respect for Marriage Act to repeal DOMA

The so-called Defense of Marriage Act (DOMA) is on its last legs. The legislation, signed into law in 1993 by President Bill Clinton, has caused the breakup of hundreds of LGBT families across the country. Bi-national couples have faced deportation over DOMA, Federal courts have stripped legally married couples of their rights over DOMA and due to 14 recent federal court challenges, DOMA is crumbling.

The Respect for Marriage Act, the act that would repeal DOMA goes into Senate Judiciary Committee hearings tomorrow, and now that I live ten blocks from the Capitol, I’m very excited to be attending. I’ll be reporting on the happenings via twitter if you follow us @TalkEquality.

The exciting news today, via Adam Bink at Prop8TrialTracker with the Courage Campaign is that President Barack Obama has endorsed the Respect for Marriage Act. Adam outlines why this move is so historic:

“Why is this a big deal? Because the White House rarely, if ever, endorses legislation that hasn’t passed a house of Congress… and this one hasn’t even passed committee yet. It underscores the urgency of this issue, and it also generates huge momentum to our efforts to bring more Senators on board. How many pro-LGBT Senators are going to let President Obama be ahead of them on this?”

Obama campaigned on the idea that DOMA should be repealed, but his support for the repeal over the course of his term has been less-than lukewarm. His Department of Justice on several occasions defended the unconstitutional law. The first time it went to court during his presidency, the DoJ’s brief on the case offensively compared lesbian and gay relationships to incest and pedophilia. The LGBT community lashed back and since that time, Obama’s administration has done a 180 on the issue and has ended it’s defense of the homophobic law.

The fight over DOMA is going to be long and costly. House Republicans needlessly voted last week to re-affirm DOMA as the law of the land (a symbolic show of support they decided to spend time on instead of working to stop the economy from going into free-fall).

VICTORY! CA Gov. Jerry Brown Signs Gay History Bill

CA Gov. Jerry Brown

While Californians continue to fight for marriage equality through the courts, they will now be making history by sharing ours.

Today, Gov. Jerry Brown signed SB 48 into law. The new law, the Fair Education Act will allow teachers to educate on LGBT issues and historical figures. Combatting the bigoted “Don’t Say Gay” law recently passed in Tennessee – which stops educators from discussing anything about LGBT people, SB 48 is now the law in the home of some of the country’s largest textbook distributors.

Brown signed the law after a huge campaign from the National Organization for Marriage to persuade him not to. Some of the lies spread regarding the law claim that kindergartners would be “indoctrinated into homosexuality” and sexualizing children.

Randy Thomasson, President of SaveCalifornia.com refers to the act as “sexual brainwashing.” In an interview on Alan Colmes radio show, CA State Sen. Mark Leno (the author of the bill) argued with Thomasson with regards to the facts of the bill. Thomasson doesn’t believe the history of Harvey Milk should be taught because of his sexual history. Leno Responds with the point that students aren’t taught about John F. Kennedy’s or Martin Luther King Jr.’s sexual history when being taught about them. Leno also pointed out the focus and obsession on sexuality when it comes to those who oppose equality measures like this one. Watch below:

NY Marriage Equality: How Did We Get There? A Photo Retrospective

I moved from New York to Washington DC three weeks ago to be with my boyfriend. It’s hard not to still consider New York City home after nearly 13 years living there, but after last night – my struggle to move on became even more difficult. For the past several years, I’ve proudly fought alongside some incredible activists, lobbyists, politicians and allies in the struggle for equality. And last night in New York, we finally won.

I thought of writing a diatribe about how much we have to learn from this victory – how for one of the first times in our movement’s history, we worked together to accomplish something. I could be heavy-handed and speak endlessly at the incredible work done by this partnership of several organizations all working towards the same thing. I could even go so far as to reflect on the fact that even though we have this beautiful victory at long last, that there are still 1,138 rights not afforded to legally married gay and lesbian couples and that we MUST focus on equality on the federal level. But instead, I decided to post some photos.

For the past 3+ years, I’ve discovered a love for photography and in my own way, I’ve been documenting some of the movement from my perspective as a New Yorker. So please enjoy these photos which reflect some of my favorite moments and people involved in the recent part of our struggle for equality. Please note: there are photos here from swanky cocktail parties, from pride marches, from rallies, protests, political speeches, phone banks and even a living room or two. New York Marriage Equality happened because of ALL of it, not some.

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All photos copyright Jamie McGonnigal, EqualityPhotography.com

Prop 8 Decision Upheld and NY Marriage Equality On The Way!

What a day for equality from coast-to-coast!

- PROP 8 NEWS! -

Judge Vaughn Walker

The history: As you may or may not know, a few months ago, Judge Walker (who had overturned Proposition 8 at the District Court level last year), came out of the closet. This of course sent the rabid anti-gay crusaders on a new mission – since Walker stood to benefit from the outcome as a gay man who could now get married in California, the bigots claimed his decision should be overturned.

The fun part: The Prop 8 proponents who fought tooth and nail for “traditional marriage,” used as their main argument that “protecting [heterosexual] marriage” would benefit straight people and straight families. So NOW their argument is that Judge Walker should have recused himself because he was gay – but apparently a straight judge would be fine because well…he wouldn’t benefit from Prop 8 (so long as you ignore their primary argument from the previous trial). Aaaaaawkwaaaard.

The news: The federal judge who heard yesterday’s case claiming that Judge Walker should have opted out of the trial just found that Walker had “no legal obligation” to recuse himself from the case. No word yet on when gay and lesbian Californians can again start saying “I do,” but it’s great to hear that once again, this homophobic law has been found unconstitutional.

 

-NEW YORK MARRIAGE EQUALITY NEWS -

The history: In 2009, the Marriage Equality Bill was defeated in New York after many Democratic senators betrayed their parties, their constituents and their colleagues after breaking promises made and voting against equality for all New Yorkers. Several of these senators then faced primary challenges for seats they had held for many years.

NY Sen. Carl Kruger

The fun part: One of these Democrats that voted against equality was protested at his home, when activist Corey Johnson demanded that he come out of the closet. Sen. Carl Kruger was then investigated by the FBI on a bribery sting and arrested in February for allegedly pocketing close to $1 million in bribes for he and his live-in boyfriend. His boyfriend was also charged, as he was not only a beneficiary but he’d set up several shell companies to help hide the money.

The news: Kruger, though STILL not admitting he’s gay, had this to say about his change of mind on the upcoming marriage equality bill:

“My vote comes not as an outgrowth of media attacks or picketing outside my home or political pressure, but due to a better understanding of the impact that this bill will have on the rights to countless New Yorkers”

Wondering where that “better understanding” came from?

NY Governor Andrew Cuomo, photo by Jamie McGonnigal, EqualityPhotography.com

Okay, the real news: The Marriage Equality Bill was introduced today by Governor Cuomo. In earlier reports, Cuomo said that he would absolutely not introduce the bill unless he was certain he had the votes in the Senate to pass it. According to reports from pretty much every marriage equality organization, after 4 previously anti-equality Democrats (including the aforementioned Kruger) and one previously anti-equality Republican announced today that they would be voting for marriage equality, we now have 31 of the 32 votes necessary to pass the bill. If what Cuomo had promised before remains true though, he’s certain there is at least one other Republican vote. So…keep your fingers crossed as the vote has to happen in the coming few days before the end of their session. And if you live in New York, CALL YOUR SENATOR! New Yorkers for Marriage Equality/HRC has set up a very easy to use site which will connect you directly with your state senator. Just click here to make it happen now! AND SPREAD THE WORD!

 

 

Photos From a Big Gay Wedding

This weekend, it was my great honor to attend the wedding of our friends Jonathan Howard and Gregory Jones.

You might remember Jonathan and Gregory as the 2nd place winners in last year’s Crate & Barrel Ultimate Wedding contest. Not only did they enter the contest, but they sacrificed greatly to use their new-found celebrity status to expand the conversation on equality. Their work to promote our rights has been unending and I’m certain it will continue to be.

I’ve happily gotten to know Jonathan and Gregory over the past year and am personally looking forward to seeing them more after my move to DC in June and one thing I can say is that they are one of the most loving couples I’ve ever met. They compliment each other in wonderful and indescribable ways. They belong together and there’s no questioning it.

The wedding, held at a stunningly beautiful vineyard in Virginia (after being legally married in Washington D.C.), was filled with friends and family that could not have been happier than to see these two men together. The support, love and genuine emotion was unlike anything I’ve experienced at a wedding before. I’ve been to well over twenty weddings, but never one where the people being married had fought tooth and nail for the simple right to do so.

I was happy to share this day with so many friends who continue to work for our equality and it’s a day I won’t soon forget. Here are some photos from this extraordinary day. Congrats Jonathan & Gregory. We love you and we thank you.

You can see more at Equality Photography.

Refuse to Lie! New Campaign Tells the Truth to the IRS

An exciting new campaign which could have real consequence and promote real change, has been launched.

As dreaded tax day is fast approaching, we LGBT people have frequently sought ways to protest via the IRS. Some people have simply refused to pay taxes as we do not have equal protection under the laws. The Refuse to Lie campaign is shedding light on another way we can protest our unequal status with the Federal Government.

From the Refuse to Lie website:

Each year the federal government demands that thousands of married couples lie.

The federal Defense of Marriage Act (DOMA) not only denies legally married gay couples the benefits of heterosexual marriage, but we are also told to disavow our spouses and file our taxes as “single.”

The Federal Government must stop requiring legally married gay couples to deny the existence of our families and hide our marriages.

It is dehumanizing and it is wrong.

Across the country, legally married gay couples are taking a stand. We are refusing to lie about the fact that we are married.

The federal government’s refusal to recognize our marriages is blatant discrimination and we will not play along by lying on our tax returns and pretending we are single. The government has chosen to discriminate and we choose to expose their bigotry by refusing to lie.

Taking this principled stand is not without risk and each person doing so needs to carefully consider those risks before deciding if it is a stand you are willing to take.

While tax time forces legally married gay couples to decide whether to comply or resist the government’s requirement that we lie, it is not the only circumstance where we face this dilemma. We are married and our commitment is to tell the truth every time we are asked to fill out a form or respond to a question about our marital status.

This website is intended to be a resource to all who decide to refuse to lie. And it is a place for everyone who believes in marriage equality to show your support and stand with us by adding your name to this effort.

Not everyone will commit to filing as married but everyone can take a stand in solidarity.

Please sign the petiton and help send the message to the federal government that gay married couples should not be compelled to lie. Share this link of Facebook and help spread the word.

Of course this is not for everyone and you are certainly risking something, but the protest and the reasons behind it are completely legitimate. The very idea that we have to lie on our tax returns if we are legally married, is ludicrous. The site gives detailed information on how to go about taking part in the action, with options on how to do so safely and within the rules of filing.

How can you affirm your marital status, object to DOMA, file a joint return, and not be subject to penalties? Here are two possibilities:

1. File two single returns (including the attachment affirming the marriage) and then file an amended return, filing jointly. The amended return is a 1040X. This is what the plaintiffs in the GLAD case did. Once the IRS rejects the amended return, or if six months passes and they do nothing, the taxpayers who file an amended return have the right to file suit in federal district court claiming the refund.The basis of the claim for refund by a Florida same-sex couple would be that they were married, that under the U.S. Constitution that marriage should be recognized, that it would be perjury to claim otherwise, and that DOMA itself is unconstitutional. This option would avoid penalties because your original return would be filed according to the statute.
2. Submit two returns to the IRS, one filed jointly, showing the tax due on a joint return, and one filed as a single taxpayer, showing the tax due on a single return. Explain your constitutional and moral theory entitling you to file a joint return. Pay whatever amount is due on the single return and ask the IRS to choose which return to accept.If you have paid the amount due on the basis of a single return, then you have not made an underpayment as a result of disregarding a statute. Penalties are only due if there is an underpayment. If the IRS accepts your single return and accepts your tax payment on that basis, there is no penalty. Of course if the IRS accepts your joint return and that results in a refund to you, there is no way to know what will happen if you are later audited. That would be a new case.

   In many cases, of course, you will actually pay a higher tax if you file jointly. In that case, you should not owe a penalty.

Please check out the site, share your story and support this incredible action.