Follow-up: Clay Greene, Harold Scull

Posted on September 23, 2010 by Michael

Clay Greene and Harold Scull were an elderly gay couple that was separated by the state under false pretenses. They had all the possible paperwork they could in order to be sure they had all the rights they deserved. But that was unimportant to Sonoma County in California. The two were forced to live out Harold’s last days in separate nursing homes; Clay shouldn’t have even been placed in a home. Their property was stolen and sold by the county, gone forever except in Clay’s memories. It’s a tragedy that ought to move everybody.

Clay soon brought a lawsuit against the county. I’m reporting this late, I know, but a settlement was reached back in July.

A case of reported domestic violence involving two elderly Sonoma County gay men that led to a lawsuit claiming discrimination by the Public Guardian’s office which assisted them was settled today when the County agreed to pay $300,000 for property that belonged to the men which was sold for less than its full alleged value at auction.

What’s unfortunate is that the only source I can find is the one I’ve given here, and that’s a press release from the county. Everyone knows a settlement usually means the defendant knows a loss was guaranteed. But that doesn’t stop the lying.

“This is a case about the County doing the right thing and stepping in to assist an individual, Harold Scull, who made claims of domestic abuse against Clay Greene,” said attorney Greg Spaulding, representing the County in the settlement. “It is everyone’s right—no matter what their sexual orientation—to have a relationship that is not abusive.”

Except charges were never filed. No steps were taken to prove beyond any doubt, much less a reasonable one, that Clay had ever abused Harold. All that happened was the county stole property from two men, placed one in what was effectively a prison, and then lied. Now that it’s obvious to everyone that they were lying, they’re doubling down on the lies. Take a look at the first quote I put up. It sounds like the county only paid for undervalued property. In fact, it was stolen property, but putting that aside, here’s what they really paid.

This settlement, in which the County agreed to pay $300,000 for attorney fees, $275,000 to Clay Greene and $25,000 to the estate of Harold Scull for allegedly undervalued sold property, allows the County to avoid costs associated with a lengthy trial.

The real cost is $600,000, not $300,000. And does anyone believe that the county is merely paying the difference in the stolen undervalued property? They’re giving a massive chunk to Clay while only a small portion to Harold’s estate. How plausible is it that the two men had such unequal shares of property after living together for 20 years? Clearly the county is paying $25,000 to Harold’s estate for the sake of undervalued property, but it’s paying Clay so much because they know they would face a humiliating and just loss at trial that would result in a far bigger payment. It’s that inevitable loss they mean when they talk about “costs associated with a lengthy trial”.

It’s good that Clay has effectively won his case, but none of this changes the fact that he was forced to miss the majority of the last few months of Harold’s life.

Filed under: News, Rights, Same-sex marriage | Tagged: , , , | 2 Comments »

Same-sex marriage ruled constitutional in Mexico City

Posted on August 5, 2010 by Michael

One of the things many founding documents and fledgling governments have done is enshrine rights as broad principles, open to slow, steady interpretation. This allows for the biases and prejudices of the majority to be counteracted with a rational basis. This has been a great source of achievement for civil rights because it offers a method to come to a greater internal consistency based upon liberty rather than the capriciousness of the morals of the day. The Mexican Supreme Court is a testament to that fact.

The Mexican Supreme Court has ruled, 8-2, that same-sex marriage in Mexico City is constitutional, dismissing arguments that it violated guarantees to protect the family.

Because same-sex marriage protects families.

Filed under: Rights, Same-sex marriage | Tagged: , , , | 3 Comments »

The best quote from Judge Walker

Posted on August 4, 2010 by Michael

Judge Vaughn Walker has made the decision today that California’s Prop 8 is unconstitutional. He lists a number of reasons it is an illegal amendment, but I think the best quote of his so far is this one:

“Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license,” Walker wrote. “Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples.”

Targeted persecution isn’t exactly allowed under the U.S. Constitution.

There’s going to be plenty said about this, especially when it gets to the Supreme Court, but I think the biggest complaint from bigots is going to be that this undermines the will of the people. That’s an intellectually dishonest, political, rhetorical, empty, lie of an argument. Rights aren’t dependent upon the say of the majority. As James Madison once said,

There is no maxim, in my opinion, which is more liable to be misapplied, and which, therefore, more needs elucidation, than the current one, that the interest of the majority is the political standard of right and wrong.

Or Ayn Rand,

Individual rights are not subject to a public vote; a majority has no right to vote away the rights of a minority; the political function of rights is precisely to protect minorities from oppression by majorities (and the smallest minority on earth is the individual).

Or Thomas Jefferson,

All, too, will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be oppression.

And when the 65+ crowd starts to fade away, support for equal rights for gays will become the will of the majority. It’s just sad that, like in the greatest days of the civil rights movement, it takes a court to protect the obvious rights of a group. This does, however, shine some light on the current day bigots’ support for the past court decisions that brought some degree of equality to racial minorities – despite what the majority thought. Depending on one’s source, roughly 2/3 of Americans were against interracial marriage a full year after the Supreme Court knocked down the laws against it. If the current day bigots were honest – and they aren’t – they would be howling that past Supreme Court decisions were wrong because they were counter to the beliefs of the majority.

Filed under: News, Rights, Same-sex marriage | Tagged: , , , , | 3 Comments »

California marriage ban struck down by judge

Posted on August 4, 2010 by Michael

I have limited time at the moment, but this is too important to not report upon immediately.

Proposition 8, California’s controversial voter-approved gay marriage ban, was struck down by a federal judge on Wednesday in a ruling that deemed the ban unconstitutional.

Chief U.S. District Judge Vaughn Walker’s 136-page decision ruled that the same-sex marriage ban violates equal protection and due process rights that are guaranteed by the U.S. Constitution.

….

“Today, the sun shines a little brighter on the Golden State. A federal judge has affirmed what a majority of Californians know to be true: that love does not discriminate and that marriage is a civil right, not a privilege reserved for a select class of citizens. The decision handed down today in Perry v. Schwarzenegger reaffirms the notion that separate is never equal,” Villaraigosa said in the statement.

“Although this is a landmark case and one of tremendous importance, we all know that this will not be the final word on marriage equality. We will continue to fight as tirelessly as ever before to ensure members of the LGBT community and all Californians are afforded the same rights and privileges under the laws of our nation,” he continued.

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Gay marriage now legal in Argentina

Posted on July 15, 2010 by Michael

Another nation takes a step towards the right side of history.

Argentina’s Senate passed a gay marriage law early on Thursday following more than 14 hours of charged debate, as hundreds of demonstrators rallied outside the Congress in near-freezing temperatures. Senators voted 33-27 for the proposal, with three abstentions.

“We’re now a fairer, more democratic society. This is something we should all celebrate,” Maria Rachid, a leading gay rights activist, said as supporters of the law hugged each other and jumped up and down after the vote.

Argentine President Cristina Fernandez supports gay marriage on human rights grounds and is expected to sign the law after her return from a state visit to China.

Good. There will be more happy individuals in Argentina, with no adverse effects on society whatsoever.

Filed under: News, Same-sex marriage | Tagged: , , | 3 Comments »

Gays – more dangerous than King George III

Posted on July 14, 2010 by Michael

Colonial America was known in part for the horrid treatment of the colonists by the British Empire. Quartering, taxation without representation, all those good buzz words and phrases, you know. But was it really that bad? I mean, really? Maybe. But it certainly wasn’t as bad as what will be the death blow to society – gay marriage.

Our society is currently faced with a threat a thousand times more dangerous than the tyranny imposed by King George III.

I say “a thousand times more dangerous,” but there is really no adequate measure for comparing a mild tyranny to the destruction of society itself. Same-sex marriage will do precisely that. By changing the definition of marriage, judicial activists and out-of-control legislators will destroy the institution of the family, an institution that is both the origin and bedrock of civil society. Same-sex marriage will be a death blow to a society that is already profoundly disordered.

Really? I thought the end of the last ice age was the bedrock of society that allowed humans to go from being nomadic to agrarian, spurring the development of written language, the idea of the village or town, and helping to form deep cultures, mores, memes, organized religion (unfortunately), and basically everything that crosses one’s mind when considering the very idea of society. Maybe I’m just crazy.

Of course, this quote comes from Michael Heath, ousted leader of the Maine Family Policy Council, formerly known as the Maine Christian Civic League. He isn’t a terribly smart man, awash in religious ideology and consequent sexual immaturity.

His editorial of paranoia, hate, bigotry, and (again) sexual immaturity comes on the same day Bob Emrich, the National Organization for Marriage, and other bigots held a rally in Augusta, spewing their inability to form coherent opinions that have any rational basis. He runs through the same tried old, long-dismissed as legitimate arguments common to Christian bigots. About the only novel idea he has is to an analogy to colonial America and its end days.

The idea that elected representatives or members of the judiciary can impose same-sex marriage against the will of the people is itself tyrannical. By referencing the American Revolution and the Sons of Liberty, I am not suggesting that the answer is a recourse to arms.

The answer is to vote out every member of the Maine Legislature who voted for same-sex marriage, and to vote against Libby Mitchell in her run for governor because I believe she plays a key role in the push for same-sex marriage.

The only major candidate who hates gay people and thinks consensual sex is just so ICKY! is Paul LePage. He’s a terrible choice if only for the fact that he’s a creationist. But then there’s this other ugly fact of which Heath has decided to remind us. LePage is a major bigot as well. (Of course, there’s also the fact that under his time as mayor, Waterville homeowners have actually ended up paying more in taxes, contrary to his claims.)

Those who dispute that the homosexual rights movement causes social instability ought to recall that Gay Pride Month, held every June, commemorates the Stonewall Riots in Greenwich Village in 1969. These riots marked the start of the homosexual rights movement. At its very inception, the movement acted to destabilize society.

Sort of like how all those race riots of 1964 (or any year) showed just how much social instability blacks cause, right?

Heath clearly believes the homosexual can be summed up with a broad brush; individuality, rights, principles, liberties, happiness, and all that other downright silliness be damned, right?

Certain members of the pro-family movement today will bring to Maine’s State House a tour that will proclaim the virtues of marriage in soft, compassionate tones. They are free to do so, but let them also speak truthfully about the appalling evils of same-sex marriage and the homosexual rights movement.

Perhaps they believe a softer, gentler tone will earn the approval of their fellow churchmen and society at large. Maybe so, but their offer of compassion will be a false one, since true compassion follows repentance and should never be construed as justifying an evil act.

I’m torn. Heath was dismissed from his former position because of his strong tone. It’s probably the only thing I can appreciate from this sexually immature man. I actually have to side with him in his chiding of other bigoted leaders who are being kind for purely political reasons. At least Heath is honest in his hatred of things he thinks are icky.

But his tone says nothing of his actual substance. His words mean just the same as what a more politically viable figure might say. He’s an ignorant buffoon who has done nothing in his life to earn respect. He hates gay people because of a book that was written by the few literate pig farmers in town thousands of years ago. The only worthwhile contribution he has to make to society is as an example of what havoc religion can bring upon a society. Because of bigots like Heath, gay couples are unable to get insurance, visit each other in the hospital with any reasonable ease, or even make funeral arrangements when the time comes. I don’t think he has any idea of the utter pain he is inflicting upon so many good people.

Michael Heath is the most immoral man not in a prison in Maine.

Filed under: News, Rights, Same-sex marriage | Tagged: , , , , , | 1 Comment »

Federal gay marriage ban is unconstitutional

Posted on July 8, 2010 by Michael

In a ruling most interesting for its reasoning, the federal ban on gay marriage has been struck down.

The federal law banning gay marriage is unconstitutional because it interferes with the right of a state to define the institution and therefore denies married gay couples some federal benefits, a federal judge ruled Thursday in Boston.

This ruling has both an upside and a downside and then another upside. The upside is that it says DOMA is crap. The downside is that it only really says marriage ought to be left up to the states, leaving in place all the bigot-based constitutional bans so many states have in place. But then on the other upside, this opens the door for a strong challenge using the Full Faith and Credit Clause of the constitution that says each state must respect the laws of other states. (The whole reason for DOMA was to circumvent this part of the constitution.)

I doubt many conservatives will see the legal validity in this ruling, instead ranting and raving based upon their bigotry, but this is the correct analysis. DOMA has always been an obvious violation of the constitution, no matter what one thinks about gay marriage.

But there’s a second, better ruling.

In a ruling in a separate case filed by Gay & Lesbian Advocates & Defenders, [Judge] Tauro ruled the act violates the equal protection clause of the U.S. Constitution.

“Congress undertook this classification for the one purpose that lies entirely outside of legislative bounds, to disadvantage a group of which it disapproves. And such a classification the Constitution clearly will not permit,” Tauro wrote.

This ruling, while also correct, is the dicier of the two. Bigots will argue that homosexuality is a choice and an act which somehow magically harms society, therefore it is okay to classify those who engage in that life style. People on the right side of history will demolish that weak, weak, weak argument by pointing out that DOMA was classifying a group of people, not particular actions. As Tauro said, the constitution does not allow for any law to specify that any group of people be limited in their rights.

Now it’s time to wait until this gets appealed to the Supreme Court.

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Bob Emrich and Uganda

Posted on July 2, 2010 by Michael

Uganda has been well established as a good place for bigots to visit. In October of 2009 it introduced an Anti-Homosexuality Bill which would have made being gay punishable by life in prison or even death. This was on top of the already strong anti-gay laws in Uganda, one of which already made homosexuality punishable by 14 years in prison.

Several Evangelical Christians visited Uganda at this time, some of them specifically being involved in encouraging the bill. Bob Emrich, a pastor and one of the sexually immature leaders of the anti-equality movement in Maine last year, was in Uganda for two weeks just after the bill was introduced. He sent an email to his faith-heads in which he expressed support for a Ugandan article which said this:

This whole concept of human rights grates my nerves. It has made people un-african, mean and self-centered.

One can now shamelessly stand up and tell you: “I do as I please. You have no business in my affairs.” A sodomist can now swear to you that what they do in the privacy of their bedroom does not concern the public.

No wonder when a brilliant MP comes up with a Bill against homosexuality, the human rights activists baptize him an enemy of the people.

It is high time politicians, religious leaders, cultural leaders and all concerned Africans woke up and defended the African heritage against the moral confusion of Western civilization. This civilization is eroding African moral pride.

The so-called human rights activists have hijacked the driver’s seat and are sending nations into the sea of permissiveness in which the Western world has already drowned.

Emrich later said he was against life imprisonment and the death penalty for gays, but he had also already noted what “a refreshing change of pace” it was to be in Uganda. Uganda – a country known for its imprisonment of gays, something which was being discussed in an article Emrich was quoting and lauding.

Fast forward and now someone has called Emrich out on his bigotry.

It’s time to remind people about Emrich. In the fall of 2009, Emrich spent several weeks in Uganda working alongside anti-gay activists.

Presumably at that time, Emrich thought it was a good idea to remind people in Uganda about the evils of gay people.

Since gay marriage in Uganda was nowhere in sight, the activists’ motivation was to marginalize gays in general.

In October 2009, amidst the anti-gay activity in Uganda, a bill was introduced in the Ugandan Legislature that criminalized gay activity in Uganda, including the death penalty for a number of gay “crimes.”

It might seem hard to believe that Emrich would approve of the death penalty for gays, but shortly after his return to Maine, he sent an e-mail to his supporters about his trip.

Emrich’s e-mail included text from an article published in Uganda that condemns gays and their supporters and lauds the “brilliant” person who introduced the anti-gay bill.

Concerning the article, Emrich says “I think it speaks for itself.”

He was conspicuously silent about the death component of the Ugandan bill.

There’s some wiggly truth in this. First, Emrich claims to have been there to help build schools, train pastors, feed children, and conduct medical clinics, not working alongside anti-gay activists. But who isn’t an anti-gay activist in Uganda? I believe Emrich when he says he was not expressly working alongside any particular, organized political groups, but “expressly” is key. The building of schools and training of pastors fits is the method Emrich was choosing to indoctrinate children into a sea of ignorance, hate, and sexual immaturity. As he said, one of his favorite sentiments in Uganda was that “in order to have a healthy village, there must be a strong and healthy church”. This reflects the ideas of hate in the article Emrich loved so much which urged for a rejection of human rights in favor of maintaining small, heritage-based (read: anti-gay) villages in Africa. Emrich’s actions and subsequent email reflect what his whole mission was all about: he was trying to strengthen religion in a country which enthusiastically condemns gays, going so far as to praise an article which called that death penalty bill for gays “brilliant”.

But let’s hear from Emrich himself.

As for Uganda, the people still need help. Thousands live in remote villages, without access to clean water, sufficient food and medical care. Without transportation, electricity or newspapers, they have no time for political activism. They appreciate the help some Mainers have provided, and they are finding great hope and strength in the Gospel of Jesus Christ.

I skipped the opening and body of his response since I’ve already summarized some of his contention, but this conclusion is indicative of the sort of sexually immature, bigoted person Bob Emrich is. He’s pretending like his concern is purely for the people of Uganda, but he belies his claim when he goes on to imply the need for political activism in Uganda. He knows exactly what an increase in a focus on social issues means for gays in Uganda. He may disown parts of the article he lauded before he got caught, but he has never said he disagrees with the criminalization of homosexuality. In fact, in another email (some people are just too old to handle this stuff, I think), he clarified his position by saying this:

Personally, I agree that these (acts of sexual consent between two people of the same sex) are serious and grievous offenses but I do not believe they should be punishable by death or life imprisonment. The homosexual activists and bloggers are claiming that Ugandan officials, with the endorsement of American Christian leaders, are calling for the execution of all homosexuals. They are not to be believed. But deception and confusion serves their purpose.

Actually, it’s true that Ugandan officials and some Christian leaders in America have called for the death penalty, but that’s besides the point. What I’m wondering is why Emrich is so unwilling to homosexuality should not be a crime. But then, just like with the article he loves so much, maybe human rights really grate his nerves.

Filed under: News, Politics and Social, Religions, Rights, Same-sex marriage | Tagged: , , , , , , , | Leave a comment »

Gillard is against gay marriage

Posted on June 30, 2010 by Michael

If it was ever true that anything followed from atheism, then it’s odd that there are a number of atheists like myself who favor equal treatment of gays, while at the same time there are other atheists who think just the opposite. The Prime Minister of Australia is one example.

Prime Minister Julia Gillard says she does not support legalising gay marriage in Australia.

Labor policy on gay marriage will remain the same under her prime ministership, Ms Gillard told Austereo show today.

“We believe the marriage act is appropriate in its current form, that is recognising that marriage is between a man and a woman, but we have as a government taken steps to equalise treatment for gay couples,” Ms Gillard said.

Asked if that was also her personal view, Ms Gillard said it was.

I suppose she did only say she was atheistic, not anti-theistic.

Filed under: Atheism/Humanism, Same-sex marriage | Tagged: , , , , , | 13 Comments »

Ashley F. Miller on Salon

Posted on June 17, 2010 by Michael

Ashley F. Miller has an OpenSalon post up on Salon about Prop 8. I enjoyed it.

Give it a read.

Filed under: Rights, Same-sex marriage | Tagged: , , , | 1 Comment »

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