SJR-7 Language rejected as flawed by ultra-conservative Bork

Bilerico contributor Don Sherffick testified before the recent House Committee meeting on SJR-7, noting that the language for the flawed second paragraph of the bill originally came from an early draft of the Federal version of the amendment – a draft that was later re-written considerably. That revelation caused some comment and concern amongst committee members.

And now Advance Indiana is reporting about why the Fed version was rewritten – Ed Fox has discovered that ultra-conservative Judge Robert Bork realized the ambiguities of the language were too great, and directed the language should be changed.

The question now is whether Indiana Senator Brandt Hershmann chose the flawed original language accidentally, and now just refuses to change it because the process is so far along, or whether he chose it deliberately to restrain the legislature as well as the courts, and is now just lying to his fellow legislators about the consequences of the flawed language.

Continue ReadingSJR-7 Language rejected as flawed by ultra-conservative Bork

Statewide religious coalition speaks out against SJR-7

From iconindiana.org:

Indianapolis – The Interfaith Coalition on Nondiscrimination (ICON) today spoke out against Senate Joint Resolution 7 (SJR-7) in a letter to the Indiana General Assembly.
The letter, which is signed by 130 Indiana clergy, leaders of faith communities, and other religious professionals, opens with, “Our backgrounds and those of the people we serve vary widely. Our views on marriage differ. But we speak with one voice to oppose amending the Indiana Constitution to define marriage.”
Signatories on the letter to legislators all believe that the Marriage Discrimination Amendment would strip civil rights from committed unmarried couples and undermine the guarantee in the Indiana Bill of Rights for free exercise and enjoyment of religious opinions by giving a legal preference to a specific set of religious beliefs. The text of the letter is attached.
“People are growing tired of religious and political leaders using religious teaching to justify discrimination,” said Executive Director Dan Funk. “ICON is identifying, uniting and giving voice to people of faith who believe that religious-based bigotry has no place in the Indiana Constitution.”
ICON, which is based in Indianapolis, is a growing coalition of people of faith in Indiana representing 26 different faith traditions. Members of this coalition believe that each of their faith traditions place great emphasis on the importance of justice. Members also teach that they must respect the inherent dignity of every human being, even those of differing opinions.
Over the past several years, ICON has built a relationship of trust with clergy and people of faith by advocating civil rights for gay, lesbian, bisexual, and transgender people in a dignified, responsible manner. It is supported by Christian, Jewish, nondenominational, and other responsible religious voices throughout Indiana.
“The debate about SJR-7 is too important for us not to register our very strong concerns,” said Rev. Larry Kleiman, senior pastor of St. Peter’s United Church of Christ, Carmel, and a signatory on the letter. “To impose an opinion in the state constitution which denies constitutional rights to any minority group is an injustice. We simply refuse to stand by and let a very small group of Hoosiers create a very large second class citizenry here in our state.”
ICON is a membership organization concerned about the consequences of intolerance against sexual and gender minorities. It is particularly concerned about religious intolerance and lack of acceptance of God’s diversity. Its purpose is to create positive change through education and social action, so that gay, lesbian, bisexual, intersexed, and transgender people will be able to live in peace and equality.
ICON’s work is directed by 20 congregations and religious organizations, including: Affinity (Indianapolis); Bloomington Friends Meeting (Quaker); Broadway Untied Methodist Church (Indianapolis); Central Christian Church (Indianapolis); Circle Unitarian Universalist Fellowship (Indianapolis); Congregation Beth-El Zedeck (Indianapolis); Eastside Peace & Justice Forum of Cumberland First Baptist Church (Indianapolis); First Congregational Church (Indianapolis); Holy Eucharist Orthodox Catholic Church (Indianapolis); Jesus Metropolitan Community Church (Indianapolis); Lutherans Concerned Central Indiana; North United Methodist Church (Indianapolis); Northeast United Church of Christ (Indianapolis); Plymouth Congregational Church (Fort Wayne); St. Luke’s United Methodist Church (Indianapolis); St. Peter’s United Church of Christ (Carmel); The Church Within (Indianapolis); Unitarian Universalist Church (Bloomington); Unitarian Universalist Church (Lafayette); and Unitarian Universalist Congregation (Fort Wayne).

Continue ReadingStatewide religious coalition speaks out against SJR-7

Colts raise $20,000 for Anti-Gay Group

This is being discussed in the comments on my post on Tony Dungy – but it bears pulling up to it’s own entry – at the Indiana Family Institute Dinner, the Colts sent merchandise to be donated off in an auction, which raised $20,000 for the organization to oppose gay rights and to support SJR-7.

Seats for the event at the Ritz Charles, one of the institute’s largest annual fundraisers, went for $75 apiece. In addition to the more than $50,000 raised from ticket sales, the institute auctioned off enough Dungy-signed Colts footballs, helmets and paraphernalia to raise nearly another $20,000.

In keeping with the Colts theme, Dungy was introduced by Colts punter Hunter Smith, whose Christian band Connersvine served as the evening’s entertainment.

While it’s not a public press release of their support for the anti-gay group, it is an endorsement directly from the Colts home office of the marriage discrimination amendment, and is profoundly disappointing.

Continue ReadingColts raise $20,000 for Anti-Gay Group

House committee tables SJR-7 vote

According to Bil from Bilerico:

The House Rules and Legislative Affairs committee listened to three hours of testimony regarding SJR-7, the proposed constitutional amendment to ban same-sex marriage and civil unions. After several members of the committee commented that they’d like more time to review the testimony before voting on the matter, Chair Scott Pelath closed the hearing without holding a vote.

I’m sincerely hoping this is a good thing… I’m also hoping that if/when it does come to a vote, I can be there. I wasn’t able to take off work today because of all the stuff I have left to do after SXSW.

UPDATE: More on the committee meeting and the amendment from the Star.

UPDATE: The South Bend Tribune makes it sound much more like the amendment may die in committee.

Continue ReadingHouse committee tables SJR-7 vote

Cummins plans to testify against proposed ban

From the Indianapolis Star:

No private employers testified against a constitutional amendment banning same-sex marriage when it was before the Senate, but that will change when discussion begins today in the House.
Cummins Inc. Chairman and Chief Executive Officer Tim Solso has sent a letter to House Speaker B. Patrick Bauer, D-South Bend, encouraging him to oppose the amendment.

In his letter, Solso told Bauer that that the amendment would hurt Cummins’ ability to attract the best employees.

“Anything that makes Indiana a less inclusive and less welcoming place for our current and future employees is bad for our business — and bad for the state,” Solso wrote.
The diesel-engine maker was one of the first major employers in the state to offer domestic-partner benefits. Solso told Bauer the amendment’s vague language could affect his company’s ability to continue to offer the benefits.

Mark Land, a spokesman for Cummins, said a human resources representative will testify against the proposed amendment before the House Rules and Legislative Procedures Committee this morning.

Continue ReadingCummins plans to testify against proposed ban

Tony Dungy against same-sex marriage

According to the Indianapolis Star:

Colts coach Tony Dungy said he knows some people would prefer him to steer clear of the gay marriage debate, but he used a speech Tuesday night to clearly stake out his position.

Dungy told more than 700 people at the Indiana Family Institute’s banquet that he agrees with that organization’s position supporting a constitutional amendment that defines marriage as between one man and one woman.

“I appreciate the stance they’re taking, and I embrace that stance,” Dungy said.

Dungy’s comments came in the final three minutes of a wide-ranging, 20-minute speech that recounted stories from the Colts’ Super Bowl run, related his interest in prison ministry and described how he wondered whether his firing in Tampa was God’s signal for him to leave football and enter ministry. He also talked about his efforts to make the Colts more family-friendly by encouraging players to bring their kids to practice.

Local and national gay-rights organizations had criticized Dungy for accepting the invitation to appear at the banquet. The institute, affiliated with Focus on the Family, has been one of the leading supporters of the marriage amendment.

“IFI is saying what the Lord says,” Dungy said. “You can take that and make your decision on which way you want to be. I’m on the Lord’s side.”

The coach said his comments shouldn’t be taken as gay bashing, but rather his views on the matter as he sees them from a perspective of faith.

“We’re not anti- anything else. We’re not trying to downgrade anyone else. But we’re trying to promote the family — family values the Lord’s way,” Dungy said.

Previous IFI banquets had drawn at most 440 guests, according to organizers. But the appearance of the Super Bowl-winning coach to receive the institute’s “Friend of the Family” award set a record.

Sorry, Tony – this is gay bashing. Basically the textbook definition of it. And even if you’re are claiming to only be concerned with the marriage issue – Indiana Family Institute is not just concerned with that. They say they are, but they have written and supported legislation in the past that went far beyond concerns about marriage. IFI was responsible for a draft of state legislation proposing to quarantine gay men and lesbians in camps to ‘protect against HIV and AIDS’ in the late 1980s and early 1990s. Note, they weren’t talking about rounding up just people who had AIDS (although that legislation DID get passed) – they wanted to pull in all groups they considered ‘at risk’ and they felt all gay men and lesbians fit that category. Yeah… logic escaped them. This draft of the bill was quickly suppressed, but not before a copy of it made its way to the gay community by alarmed folks who read it.

This is the group that Tony Dungy is raising money for.

No Colts
Continue ReadingTony Dungy against same-sex marriage

500 attend Rally, House Democrats Hide from Constitutents

Rally Attendees
About 500 people attended the Rally in the Indiana Statehouse, organized by Indiana Equality to address SJR-7, the amendment to ban same-sex marriage, and to support the hate crimes bill, which will include sexual orientation and gender identity. There were several speakers, including Candace Gingrich, lgbt civil rights activist and sister of Newt Gingrich.
Great Sign
See all 52 of my photos of the Rally on Flickr
Unfortunately, House Democrats were "in caucus" today, and were "unable" to meet with their constituents to talk about SJR-7, so a group of people, including Indiana Action Network members, IYG Youth and IU Students went to protest outside House Speaker Bauer’s office — chanting "Pat, Pat, come out and talk."
Protesting the Democrats being in Caucus
What happened next? Indiana Equality Lobbyist Mark St. John got angry at the attention being paid to House Speaker Bauer – gee, I wonder why? Maybe you can find the answer in this post on Advance Indiana – and forcefully grabbed Bil Browning of Indiana Action Network – with the cameras rolling.
I’m processing the video of WRTV’s coverage and uploading it to YouTube…
I happened to be standing right there (you can see me in the video), so I heard what St. John said — he fired Bil from his job at Lambda Consulting because Bil “betrayed his trust” in not getting permission for the impromptu protest at Bauer’s office. A while later, after he calmed down, he said that wasn’t going to happen, but I’m not sure what the repercussions will be in the future.
Incidentally, I also saw St. John grab and physically drag by the arm another protester – one of the IYG youth, I believe – away from the protest to have a heated debated about why the Democrats were in caucus – St. John was claiming that it had nothing to do with the Rally or SJR-7. I’m not sure I believe St. John’s claims about why the “caucus” happened. I do know that Representative Orentlicher, who was at the rally and at the impromptu protest after, was actively trying to get Bauer to come out and speak to the protesters.
In all, I hope the day was an effective event, but the fact that people were unable to lobby their Representatives was a pretty striking blow to the cause. The likelihood that all of the people signed up will be able to have face-to-face meetings with elected officials at other times in the future is pretty slim – many people were from out of town, or happened to have this day off work due to the President’s Day holiday. Face-to-face meetings are far more effective than phone calls and emails.

Continue Reading500 attend Rally, House Democrats Hide from Constitutents

Comparing the Indiana Legislature to the 20’s KKK is NOT Hyperbole

I’m sorry, RiShawn Biddle, but if you studied your history, like Chris Douglas and Gary Welsh have pointed out to you in several posts, you’d know better that to call it hyperbole. RiShawn is an editorialist for the Indianapolis Star, and posts to a “blog” on the newspaper’s site — which I still maintain is bizarre – if you write for a newspaper, it’s and editorial column, not a “blog.” Lately, RiShawn has taken it upon his bad self to tell the gay community that they need to be more civilized and “reasonable” while their rights are attack, claiming that making comparisons to the KKK and other oppressive bodies is “hyperbole.”
Gary Welsh points out [RiShawn Biddle Just Doesn’t Get It] that in the 1920’s the KKK was in the background of legislation much like SJR-7:

Under our former constitution, our esteemed legislature decided to enact Article 13 (appropriately numbered) to our old constitution. It excluded new black arrivals from the state, barred interracial marriages and prohibited a black man from testifying against a white man, among other things. One of the state’s leading newspapers, the Sentinel, endorsed Article 13 so that the state would not be “overrun with a miserable population” according to the “Centennial History of the Indiana General Assembly.” There were legislators at the time who decried racism at the same time they cast a vote in favor of it. One such legislator was Sen. James Hester (D) of Brown County. He described the proposed laws as “inhuman, and will . . . be inoperative in enlightened communities.” He said he, nonetheless voted for it because he believed a majority of his constituents wanted it.” A Whig newspaper in Madison, Indiana, distraught at the position of lawmakers like Hester, wrote:

There seems to be a determined and studied prejudice, against those unfortunate citizens who have a black skin, in the Legislature of this State at the present time. Constitutional privileges and natural rights–to say nothing of human sympathy–seem to be but feeble barriers when opposed to this prejudice. Some of these gentlemen are evidently courting popularity under the false impression, that public sentiment is as insane and inhuman as they will, doubtless, succeed in proving themselves to be.

At that time in history, the only legislators who voted against these racist laws were the Whigs. The Republican Party was just being born, and the Democrats, who dominated the legislature during some of this dark period, embraced the racist agenda. In the 1920s, it was the Republican Party which dominated the legislature and carried the torch for the KKK, although a number of Democrats joined forces with them as well. Fortunately, Article 13 was nullified after the passage of the 13th, 14th and 15th Amendments to the U.S. Constitution following the Civil War. Such discrimination has never made its way back into our state’s constitution, although there have been plenty of discriminatory laws enacted by our esteemed legislature.
Now, David Long, Brandt Hershman, Brent Steele and all the others who champion SJR-7 as the end-all, be-all solution to preserving the sanctity of marriage can profess all they want that they aren’t anti-gay bigots. The fact remains they are carrying the torch for folks from the religious right, such as Eric Miller, Jim Bopp and Micah Clark, who most assuredly are anti-gay bigots. The end result is the same as Sen. Hester understood back in the 1850s when he cast his lot with political expediency over the fundamental rights of black people. When legislators cast a vote for the anti-gay bigot’s agenda, they are endorsing this form of bigotry, just as those legislators who supported the KKK’s agenda in the 1920s and the organized racists of the 1850s endorsed institutionalized racism and bigotry. Everyone knows SJR-7 will do absolutely nothing to stem the breakdown of “traditional marriage” as represented by a growing divorce rate and an increasing number of children being born out of wedlock. It’s purpose is to punish gay people–nothing more and nothing less.

And Chris points out [The Goebbels Experiment] that the Jewish community here in Indianapolis, who have spoken eloquently against SJR-7, recognize the parallels to their own history:

“Shortly, you will be either looking the other way from, or even supporting, measures that will denude your Jewish engineering professors of their rights of citizenship, because of your distaste for them… well.. not for your personal professor or tutor, who might be friends, but for ‘Jews’, who really will not be… well…’German’ enough.
“Then your alma mater will strip your professor of his ability to support his family, including his spouse who is sick. You will think that somebody maybe should have done something, except you will be too busy and you will not want to risk your own career by being identified as a friend of the Jews… not any Jew specifically… after all some , some will be friends…but.. you know… ‘The Jews.’ Anyway, your professor, from whom you learned much and upon whom the department depended for at least one area of expertise, will leave for another place, America, where a university will be willing to employ him. You will think that is regrettable, but perhaps think it was just as well. Especially, since his position will open for somebody who will truly be a friend, and not some abstract, unfortunate Jew.
“You will protest that what follows then will be the actions of others, not your own, for it would be unreasonable to pin on you and your inaction the fact that your beautiful and peaceful Germany will go on to invalidate Jewish marriages, to attack Jewish participation in all economic life, and to drive Jews from their neighborhoods. When the rights of Jews are being stripped in their early stages, all those things will appear too absurd for you to imagine. The Jews who will protest will appear unreasonable and alarmist, and all the more distasteful for it. After all, yours will appear to be a civilized society; though it will become uncivilized because of the actions of others, it will not be because of you. You couldn’t be blamed for what happened later… not the ghetto… not the extermination…. not the destruction of the peace, beauty, and civilization. Who will have thought?”
Nice little mental game, isn’t it?

RiShawn would do well to spend a bit more time reading history and a bit less time lecturing gay citizens on how best to protest the erosion of their basic civil rights. For any kind of civil matters or divorce cases etc, people need to contact family lawyers serving Lapeer County.
To me — it’s all the same hate. The men pushing SJR-7 are no different, in my mind, than the guy who fired me from my job because I’m gay, or the guy who stalked and raped me, or the guy who pistol-whipped my roommate in the alley outside Greg’s Place downtown.
One takes their hate and puts it into action by crafting hate-filled legislation, and the other used the blunt-force of a gun handle against someone’s skull – why do I have to treat one differently then the other? They have the same devastating effect on my life, either way; I fail to see any real distinction between the two. But I have to engage in “principled, reasonable discussion” with one, but not the other? Mary, please.
A bigot by any name is still a fucking bigot.

Continue ReadingComparing the Indiana Legislature to the 20’s KKK is NOT Hyperbole

National Freedom to Marry Week – Feb 11-17th

National Freedom to Marry Week
10th Annual Observance
February 11-17, 2007
10 years of work
10 years of change
10 years closer to equality
All across the country, from Hawaii to Massachusetts, from California to New Jersey, we have worked together to make significant gains for same sex couples and their families. Our journey is not yet complete, but so far, we’ve come a mighty long way. Now, all we need is you. Get active. Get engaged.
Every year, right around Pres. Lincoln’s Birthday and Valentine’s Day, gay and non-gay people around the country gather in living rooms, rectories, parks and civic halls to celebrate our lives, our loves, our families and the victories of our movement from the year before. Freedom to Marry Day, Sunday, February 11th, is a day to celebrate and share our stories, reflect on the values of equality and love, while also engaging our neighbors in the movement for equality and fairness.
For the many thousands of you across the country looking for a way to get engaged locally in the fight to end discrimination in marriage, the 10th Annual Freedom to Marry Week (co-sponsored by Don’t Amend) offers the perfect opportunity.

Continue ReadingNational Freedom to Marry Week – Feb 11-17th

The importance of contacting your elected officials yourself

I’m going to emphasize my point at the very beginning of this post, rather than toward the end: If you don’t want people to speak on your behalf — to potentially agree to things you don’t agree with, or to make decisions for you — then you have to speak up yourself. If you don’t do that, you bear at least a bit of the blame if someone does something in your name that you wouldn’t do.

The only way that you can get misrepresented is if you don’t represent your own views, from your own mouth.

Why am I saying this? Well, remember back in October, just before the election, I posted a message entitled “Oh my god, Did Bauer just throw us under the bus?” in which then Indiana Minority Leader Pat Bauer, D-South Bend, who is now Majority leader, said this about SJR-7:

“I just think that the only way for (Republicans) not to (continue to) demagogue it is to have a redundancy. It’s too bad it has to go in the constitution, but so be it,” Bauer said. “It’s not worth the time, the trouble, to point out that it’s not a problem (in Indiana), so it’s better just to have the vote and see how it goes.”
Under GOP leadership, both chambers of the General Assembly passed a same-sex marriage amendment last year. The measure must be approved by the newly elected Legislature next year or in 2008 before it could go on the statewide ballot for approval from voters.

At the time, the statement shocked the hell living shit out of the gay community, who had expected (and been assured) that Democrats were going to continue to fight like hell against SJR-7, including not letting it get heard at all. No one could figure out why Bauer had suddenly thrown in the towel, or suggested that it was okay that gay people aren’t allowed to get married.

Lately some of the speculation about that has come out into the open in the gay community. First Ted Fleischaker, publisher of The Word, printed an editorial in this issue of his paper (PDF download), generalizing that Bauer changed his public stance on SJR-7 because some unnamed “community leaders” told him that the gay community would be okay with SJR-7 succeeding if it helped him get leverage on other issues with Republicans.
Then Gary Welsh took the issue a bit further in a recent blog post by naming the “community leader(s)” who supposedly sold us all down the river – He says it was Mark St. John – so that Bauer could throw us under a bus.

Whether or not that occurred – this much is true: the vast majority of LGBT Hoosiers not only want gay marriage, but they want SJR-7 defeated, as swiftly as possible. The idea that they’d be okay with it passing – universally and patently false.

I myself want to get married more than anything in the world, and if I had a magic wand, I would consign SJR-7 to the lowest depths of hell, along with any person who even thought for a second about supporting it.

So if this did actually happen – the gay community would indeed be justified in raining hellfire and brimstone on the heads of gay “community leaders” who agreed to such a thing. (Not that we have the time to waste energy on doing that now, since first things first – we have to defeat SJR-7.)

HOWEVER – if more people from the gay community communicated with their legislators about what they actually want, no one could get away with saying something like this, if it occurred.

To quote my mother’s favorite Longfellow poem, “Why don’t you speak for yourself, John?” We can’t let other people do this for us. Every single gay, lesbian, bisexual and transgendered person needs to step up, for our own sakes, and that of future generations.

Continue ReadingThe importance of contacting your elected officials yourself