Matt

matthew@blogmensgo.com

The Obama administration argues against Proposition 8

Mar 142013

January 15, 2009, Obama was tracking to the Supreme Court. © Whitehouse.gov / Pete Souza.

(Blogmensgo, 14th March 2013) The General Counsel Donald B. Verrilli Jr. filed on behalf of the Obama administration, on February 28, 2013, a memorandum in favor of gay marriage in the office of the Federal Supreme Court. As foreseen, the 40-page memorandum supports unambiguous supporters of marriage between persons of the same sex.

Memorandum: here | here

By prohibiting gay marriage, Proposition 8 California “violates equal rights” as defined by the 14^th Amendment to the Federal Constitution, the memorandum argues.

Other elements of the memorandum fourmilles also legal arguments. Advocate General suggests that there Proposition 8 gives a definition of marriage (necessarily between a man and a woman) who is perhaps the approximation of the truth, especially as proponents of “traditional” marriage provide no evidence that marriage between persons of the same sex can interfere in any way with heterosexual marriage.

The memorandum focuses on Proposition 8 without mentioning the constitutionality of the federal law on marriage (Doma). However, the Advocate General recommends to the High Court a “closer look” at laws prohibiting marriage between persons of the same sex.

The Obama administration therefore calls – an indirect but not explicitly – the highest U.S. court to determine whether there is discrimination in the fact that seven other states (Delaware, Hawaii, Illinois, Nevada, New Jersey, Oregon and Rhode Island) specifically allow homosexual couples to unite while forbidding them to marry.

Comment. memorandum is both bold and clever.
Audacious in scope: while not a frontal attack on the Doma law, it goes further than any other official position of the U.S. government in office. Bold too, because the government was not involved in the case and therefore had no obligation to file a memorandum.
Clever by its construction. The memorandum does not come from the head of state but the attorney general, so it is placed on the ground, not on politics but on a strictly legal grounding, and legal arguments, the text provides satiety. There is every reason to believe that the nine justices of the U.S. Supreme Court held full account of this text audastucieux.

This article has been translated from our French blog, to view the original, click here.

Philca & Matt / MensGo
(via whole press February 28, 2013, the Washington Post )

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Apple joins the camp of pro-gay marriage

Gay Rights No Responses »

Mar 132013

Tim Cook, Apple’s boss in the camp of gay marriage? Surprising for us. © Apple.com / DR.

(Blogmensgo, March 13, 2013) Apple and Morgan Stanley rallied to sixty large businesses within a group that advocates for gay marriage. This group will submit a memorandum to the Supreme Court of the United States in a case to overturn Proposition 8 (which banned gay marriage in California). Another group of 250 employers filed a memorandum with the Supreme Court in a case to declare laws unconstitutional federally anti-gay marriage.

For the record, this is from March 26, 2013 that the Supreme Court will consider the constitutionality of Proposition 8 and the current federal law on marriage.

Apple and Morgan Stanley have thus joined the group joining Facebook, Intel, eBay, Barnes & Noble, Nike, Panasonic, Xerox and dozens of companies, many of which operate in the high-tech industries. Together, these explain to heavyweights of American business in their memorandum how the laws in 41 states of the Union prohibit gay marriage are likely to undermine the business climate and reduce hiring competent staff.

Republican personalities will also submit a memorandum in favor of gay marriage, although their party to be largely hostile. Among these personalities are six former governors: Massachusetts (Paul Cellucci, Jane Swift and William Weld), New Jersey (Christine Todd Whitman), New Mexico (Gary Johnson) and Utah (Jon Huntsman Jr).

[ Update 1 ^st March 2013 . In total, no fewer than 172 deputies and 40 senators have filed a memorandum opposed to Proposition 8 on the desk of the Supreme Court.]

The current federal law on marriage (Doma) states in its section 3 that marriage is necessarily between a man and a woman. Against this very homophobic vision of marriage, a group of 250 employers (large businesses, law firms, municipalities and local authorities) will also introduce its own memorandum to the nine wise men of the Federal Supreme Court.

The judges of the Supreme Court rarely consider memoranda unofficial, but they do not differ a priori.

At the time of this writing, the Obama administration has not yet taken a position. It is not excluded that officially ranks in the camp of supporters of marriage between persons of the same sex.

This article has been translated from our French blog, to view the original, click here.

Philca & Matt / MensGo
(via full release of 27 February 2013, which Bloomberg )

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Soon transgender toilets in Berlin?

Gay Rights No Responses »

Mar 122013

(Blogmensgo, March 12, 2013) In Berlin, the Municipal Council of Friedrichshain-Kreuzberg district has adopted a project to build toilets for the third sex. The project, much-maligned, is still subject to appeal.

These are from the elected Pirate Party (left libertarian) who suggested the creation of transgender toilets. Their reasoning is that if people do not identify as men or as women, they need a specific toilet. The Pirate Party’s proposal was passed by the elected left or closer to the left (SPD, Left Party , Greens). Right (CDU) voted against.

The project will be an experiment until 1 ^st June 2013. In the meantime, the busy public places (town hall, community center) will equip the “unisex” with a specific label, instead of the current gendered toilets and their gender identification.

While some political reactions are rather amused at the image of the borough mayor Heinz Buschkowsky (depending on for whom the project is not a priority, but why not?), Others cry foul, especially among the elected right .

This article has been translated from our French blog, to view the original, click here.

Philca & Matt / MensGo

(via Bild March 2, 2013, quoted the same day by the German blog World )

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