The heart of the Perry case and why LGBT families should not distance themselves from single mothers

If supporters of Prop 8 have standing to appeal Judge Walker's order in Perry v. Schwarzenegger (even though the state did not appeal it), the Ninth Circuit Court of Appeals will decide whether Prop 8 violates the federal constitution. If you listened to the oral argument yesterday, you heard the term "rational basis" used a lot. That term means something in constitutional law. Every time the

Perry v. Schwarzenegger -- week three preview -- the defendants will make it about gender

The argument that children need to grow up with a father is not an argument aimed primarily at lesbian couples raising children. It's the argument at the core of the right-wing "marriage movement" whose agenda includes federal funding for a "marriage promotion" industry, restrictions on no-fault divorce, and increased stigma for births outside marriage. The primary tenet of this movement is that

Perry v. Schwarzenegger -- week one -- the "beyond marriage" perspective

The last time we saw a full-blown trial on the constitutionality of a ban on same-sex marriage it was 1996 in Hawaii. The Hawaii Supreme Court had ruled that the state would need to show a "compelling state interest" in excluding same-sex couples from marriage and that the exclusion was necessary to achieve that interest. At the trial on remand, the state claimed that children do best with their

Prop 8 stands. Now what?

Thanks to Yasmin Nair at Bilerico for saying so much of what I was thinking about where we go after the California Supreme Court ruling upholding Prop 8.Don't get me wrong. I feel for the advocates who devoted so much time to this effort. The defeat is painful. But that says nothing about the way forward.I gave money -- more than once -- to defeat Prop 8. I saw it as an attack on me and on

If you read ONE article on Prop 8, make it this one

I've been silent about the Prop 8 debacle because I had nothing to add, but today I read a piece that is so good I have to recommend it to everyone. Surina Khan, who was once the ED of the International Gay and Lesbian Human Rights Commission, has written an article on how the right got Prop 8 passed. It appears on the website of Political Research Associates, whose research on the right is must

IT'S THE YOUNG PEOPLE, STUPID...

You can't have avoided hearing about race and Prop 8. I'm not repeating the coverage here. (I do recommend you read Richard Kim in The Nation.)But have you heard this? 61% of people 65 and older voted for Prop 8. 61% of people under 30 voted against it. Click here for the full exit polling on Prop 8. So why no press coverage on this angle? The future is ours...and no amount of Mormon money or

OBAMA TAKES GAY RIGHTS STAND FOUR DAYS BEFORE THE ELECTION -- CAN THIS BE REAL?

In a move drawing outrage from gay rights leaders and the San Francisco District Attorney, the campaign to eliminate marriage for same-sex couples in California mailed flyers to voters with a picture of Barack Obama -- and Michele -- and a quote: "I'm not in favor of gay marriage." The message "Vote Yes on Prop 8" appears under Obama's image.But Obama had gone on record AGAINST Prop 8, and the

CALIFORNIA DREAMIN'

The National Lesbian and Gay Law Association is holding its annual Lavender Law conference in San Francisco this weekend. I took some time off from conference sessions to do some sightseeing today. Dale Chihuly at the deYoung Museum. A walk along the spectacular coastline. A lesbian wedding.Nashville lawyer Abby Rubenfeld, a Lambda Legal staff attorney more than two decades ago, was in town for