19 July
1884-An editorial in a New York medical journal said that urnings
(a term coined by Karl Heinrich Ulrichs to describe men who are attracted to
other men) had an irrepressible desire to act like females, and that their
"perverted feelings" led to insanity and suicide. The article was an
attempt to remove homosexuality from the realm of the criminal and into the realm
of the medical.
1892 Ogden Standard Examiner page 5 A DEPRAVED
YOUTH IN CUSTODY Escaping justice after having outraged a boy, James Warren, a
19 year old youth who it is reported about three months ago committed the
horrible crime of sodomy upon an 8 old son of Joseph P Stone, was arrested last
night about 10 o’clock by Officer Learn on Twenty-fifth Street between Grant
and Lincoln avenues. The commission of
the infamous crime which occurred in the brush near the Ogden railway bridge
created intense excitement at the time and an indignant community would have
given the guilty wretch an opportunity of stretching hemp could he have been
captured. In his flight from justice, Warren has had many severe experiences.
For some time past he has been located at Lehi under an assumed name and
although the officers here made every effort to find him they met with no
success. The fellow arrived in Ogden Saturday and since that time has kept very
quiet. Last night he came out of his hiding place and find in consequence now
lies in a prison cell. At the station no inkling was given him as to the nature
of the charge upon which be he was arrested an examination will be held today.
1925-A book reviewer for The New York Times, Percy A Hutchison,
wrote about a new translation of the poetry of Sappho. He criticized previous
translators who purposely mistranslated the love poems directed toward women by
masculinizing the subject, as well as criticizing the fanatical Christians who
destroyed much of her work by burning the library at Alexandria in 391 Common
Era and Pope Gregory VII who ordered much of what remained to be destroyed.
1970- Hans Knight of the Philadelphia
Sunday Bulletin wrote an article which began, "homosexuals are sick. Very
sick. They're sick of wearing masks. They're sick of being snickered and
sneered at. They're sick of being feared. They're sick of being called queers,
faggots, and fairies. They're sick of being punished for being honest, of being
labeled criminals by the letter of the law. They're sick of being barred from
federal jobs and the armed forces. They're sick of being insulted on one hand,
pitied on the other. Most of all they're sick of being told they're sick.
1974-Beth Chayim Chadashim
received its charter from the Union of American Hebrew Congregations, making it
the first officially recognized Gay synagogue.
1976-In an article in New
West magazine, a former Los Angeles
vice police officer wrote that LAPD officers routinely beat Gay men.
Gerald Pearson, Carol Lynn Pearson and family |
1988 I had Mark LaMarr do the lesson tonight at
Unconditional Support because I was still recovering from last Sunday. He
discussed as the topic “Our Fantasy Man”
and he did a good job of it. I am so
sore. (Ben Williams Journal)
1989-Urvashi Vaid was
appointed to replace Jeff Levi as executive director of the National Gay and
Lesbian Task Force at the end of his tenure.
1989 I've been busy trying to get people interested in starting a Radical
Faeries group here
in Utah. I've asked Rocky O'Donavan, Mike Pipkim, and John Merrill to come join me as the four pillars to represent holding up the directions of East, North, West, and South as well as the elements of Earth, Wind, Water, and Fire. So that's in the works. O'Donavan doesn't like the term Pillar saying it sounds too Patriarchal and I said, I like it because it suggests not only strength but support as well. There isn't any Faerie handbook. Part of the creation process is finding a new language to express new concepts and ideals. [Journal of Ben Williams]
in Utah. I've asked Rocky O'Donavan, Mike Pipkim, and John Merrill to come join me as the four pillars to represent holding up the directions of East, North, West, and South as well as the elements of Earth, Wind, Water, and Fire. So that's in the works. O'Donavan doesn't like the term Pillar saying it sounds too Patriarchal and I said, I like it because it suggests not only strength but support as well. There isn't any Faerie handbook. Part of the creation process is finding a new language to express new concepts and ideals. [Journal of Ben Williams]
1995 On July 19, Salt Lake County Commission Chairman Brent Overson proposes and sponsors a bill to the county Board of Commissioners which would amend the county Code of Ordinances by prohibiting the enforcement of county Ordinance No. 1212 from including "the services of county government beyond those required by state or federal law" or "employee benefits, including benefits related to family, marital, co-habitant, or dependent status unless provided for by state or federal law or contract." Commissioners vote unanimously for the bill, and it is adopted. But, it is a compromise to prevent the repeal of the "marital status" and "sexual orientation" protected classes of the ordinance.
1997- Salt Lake County Sheriff Department in a series of raids and
arrests on the last remnant of Bare Ass Beach
tried to close the Salt
Lake Beach
front of nudism and sexual activity.
Scores of people arrested and or given citations
2000 Schools May Restore Nonacademic Clubs By Heather May, The Salt Lake Tribune Clubs, not just scholarly clubs, could be making a comeback in SaltLake City
schools as soon as September. Members of the Salt Lake City school board appear to be on
the verge of ending their four-year ban on nonacademic clubs. While board members did not make any
decisions Tuesday night during their regular board meeting, they did review two
possible club policies that would allow students to form academic and
nonacademic clubs. "East High and
other schools are suffering because of the absence of these clubs," said
Nate McConkie, East High's student body president, and one of seven students
and parents who lobbied the board to end the ban. Students in Salt Lake
can't beef up their resumés or college applications with lists of clubs they
have joined or led, speakers noted. And
perhaps even worse, without clubs many students have no way of connecting to
their schools, said Katie Van Dusen, student body vice president of East
High. She said 75 percent of East
students don't participate in school activities. School board members will
discuss club policy again Aug. 1. The
policies they are currently reviewing make a distinction between academic and
nonacademic clubs. For instance, only
students from a particular school can join nonacademic clubs, while students
from throughout the district can join academic clubs. And while teachers sponsor academic clubs,
they "monitor" nonacademic clubs.
One draft of the policy doesn't give club members’ equal access to the
school's media. For example, members of
nonacademic clubs could advertise their meetings on one bulletin board while
the scholarly clubs would have access to bulletin boards, the school newspaper
and the PA system. That doesn't seem right
to at least one board member. "I
feel like they should be treated the same," said Ila Rose Fife. Board member Cliff Higbee disagreed, saying
he didn't want a club dealing with homosexuality to have the same access as
other clubs. "I don't believe the Gay
lesbian lifestyle ought to be talked about or sponsored by our schools. That is not a morally proper thing to allow
in our schools," he said. Board
members proposed ending the district's ban against nonacademic clubs last
month. In June they learned the state's
self-insurance agency might not pay for them to defend the policy in a
civil-rights lawsuit brought by two East High students last April. They wanted to form an academic club called
PRISM to discuss Gay issues but were denied by the district in January. The students then sued and a federal judge
forced the district to allow PRISM to meet before school ended in May, pending
the outcome of the lawsuit. School board
members are hoping the students will drop the suit if the district allows
nonacademic clubs. The district banned
such clubs in 1996 because they wanted to prevent students from forming a Gay-straight
alliance.
1999 CALIFORNIA BATTLE OVER SAME-SEX
MARRIAGE - THE MORMON CHURCH California Battle: Same Sex
Marriage A heated political battle is underway in California over
the issue of same sex marriage. Part of that battle pits gay activists against
members of the LDS Church. For one side of this debate, it's a case of a church
going too far. For the other, it's a matter of free speech. News Specialist
Nadine Wimmer went to California and has the first in a series of in-depth
reports. LDS Church leaders call this a moral fight for the family. But one San
Francisco city leader and gay activists say it's a political fight, where the
church has overstepped its bounds. The city by the bay...known for its sights,
seafood and stronghold of liberal politics. It's here where gay and lesbian
activists oppose a statewide initiative to recognize only marriage between a man
and a woman. Mike Marshall, of "Californians for Fairness" says,
"It's sole purpose is to denigrate a category of California citizens, gays
and lesbians. "Rob Stutzman, the initiative campaign manager says,
"The reason it's on the ballot is the moral imperative to have marriage
remain as it has since about the beginning of time. "Both sides are
preparing campaign letters and signs. Supporters, backed by a heavy hitting
campaign firm, have collected more than 700,000 signatures, and support from
dozens of churches, including the Church of Jesus Christ of Latter-day Saints,
with its 740,000 California members. In fact, California church leaders were
instructed to read a letter from the first Presidency at the pulpit asking
members to "do all you can by donating your means and time to assure a
successful vote." "It doesn't try to tell anyone how they should live
their life. It merely is forward looking and trying to keep things as they
are." "It's really intruding into politics of California in an inappropriate manner, given
the Church doesn't really have a presence in this state. "The issue has now
come all the way to California's state capitol, where the Attorney General has
been asked to investigate whether LDS leaders crossed the line separating church
and state. One San Francisco lawmaker points out that the LDS Church enjoys tax
exempt status as a so-called "501-C-3" organization. He wants to know
if the church violated that status by the way leaders got involved on this
issue. Supervisor Mark Leno, of San Francisco, says, "That they would be
able to weigh in on a particular vote and ask for money in the same letter as
a501C-3 organization, it got my curiosity. "But to initiative supporters,
his actions look like a deliberate attack on a church's right of free
speech. "If he's suggesting that people of faith do not have a place of
discussing public policy in the public square, then that's alarming." To
this point, LDS Church leaders have responded in a statement that, the church is
simply adding its voice to a broad-based coalition of many who feel strongly
about preserving the traditional family. Is the LDS Church on firm ground in
this moral and political fight? We'll have arguments from both sides in our next
report.
2000 Schools May Restore Nonacademic Clubs By Heather May, The Salt Lake Tribune Clubs, not just scholarly clubs, could be making a comeback in Salt
2006 The GLBT Community Center Youth Group on Wednesday, July
19 at
6:30 PM is sponsoring a candlelight vigil to honor the memory of Iranian youths who were executed just one year ago. Candlelight Vigil - Wednesday, July 19 at
6:30 PM On July 19, 2005, Iranian
officials executed two teenage boys in the city of Mashad
in northeastern Iran . The government claimed they were executed for the rape of a 13 year old boy. Others claim the boys were really executed for statutory rape and the sex was consensual. Prior to
their execution, the teenagers were held in prison for 14 months and severely
beaten with 228 lashes. The executioners, fearing reprisals, wore masks and
anti-riot forces were mobilized to prevent outbreaks of public protests.
Ironically, the boys were hung in Edalat (Justice) Square. Please join us at
the GLBT Community Center Youth Activity Center on Wednesday, July 19 at 6:30
PM for a candlelight vigil to honor the memory of these youth who were executed
just one year ago. The Youth Activity
Center is located at The Center, 355
North 300 West in Salt Lake City .
This event is open to all ages, so please come and show your support. For more
information, please contact Rachel McNeil
Mahmoud Asgari 16 and Ayaz Marhoni 18 |
2006 Federal Marriage Amendment Defeated in House Today! GLBT
people across the
United
States can celebrate once again as the
Federal Marriage Amendment failed during today's House vote. The House rejected
the FMA with a 236-to-187 bipartisan vote, with 27 Republicans voting in
opposition to the amendment. Requiring a two-thirds majority, or 290 votes, a
vote on the same measure failed 227-to-186 in the House on Sept. 30, 2004. The
Senate rejected the measure on June 7, 2006, with a 49-to-48 vote, and 48-to-50
vote on June 14, 2004. While we should take a moment to thank the House Reps that
voted in our favor, we also need to keep being vocal to our elected leaders, as
well as our co-workers, neighbors, and family members. Today's battle may be
over, but our enemies are gearing up for a war against GLBT people, children,
families and values. Your active help will be needed now through November (and
beyond). Certain conservative officials, and the anti-gay hate groups that fun
them, have hinted at further attempts to amend the Constitution as well as
bolster their already demonstrated plans to use GLBT issues to wedge voters in
the upcoming election. The Center will keep you updated as things progress
2009 Gay incident reopens Salt Lake City's Main Street plaza wounds
Culture Religious divide boils over again on church-owned square. By Rosemary
Winters The Salt Lake Tribune It's the
wound that won't heal. The rift that won't close. And earlier this month, two
gay lovers' purportedly innocuous late-night kiss -- though LDS Church
officials insist it was far more amorous than that -- ripped it wide open. Utah 's simmering religious divide boiled over -- once
again -- at the geographical and philosophical intersection of church and
state:
the Main Street
Plaza in downtown Salt Lake City . "It is a scab that will
continue to be peeled away -- and may never heal," says Dani Eyer, the
former ACLU director who fought to preserve First Amendment rights on the
plaza. Matt Aune and Derek Jones say they held hands, kissed and then squabbled
with security guards on the LDS Church-owned square. Salt Lake City police issued a ticket for
trespassing. In protest, supporters of the couple staged a "kiss-in"
last Sunday outside the plaza and plan another such demonstration today. The LDS Church
-- a faith to which 60 percent of Utahns belong -- defended its right to
regulate "inappropriate behavior" on the plaza. "What we're seeing now is a
manifestation of what should have been obvious from the very beginning,"
says former Salt Lake City Mayor Rocky Anderson. "This block of Main Street never
should have been conveyed to the LDS
Church . It was a recipe
for ongoing resentments between the LDS
Church and those who are
not members." The church bought the strip of Main -- from
North Temple to South Temple -- in 1999 after then-Mayor Deedee Corradini
and the City Council, with the only two non-LDS members dissenting, signed off
on the $8.1 million deal. But the controversy burned for five more years as
federal courts were asked to settle the
prickly issue of whether the church
could govern expression on the plaza and whether the city could retain a public
right of way (as outlined in the original deal). "It was meant to be for
everybody," Eyer says. "Where people come and go their constitutional
rights go with them." After a 10th
U.S. Circuit Court of Appeals ruling in 2002, First Amendment activities
returned to the plaza. But demonstrations by anti-Mormon protesters --
including cries of "whore" and "harlot" hurled at newlywed
brides -- "sustained divisions" that "reached to the point of
hatred" between Mormons and non-Mormons, Anderson says. In the end, he
agreed to trade the public easement for cash and LDS land to build a west-side
community center. "What we were really swapping was a major division that
wouldn't go away," Anderson says, for
"the opportunity to really improve the lives of a lot of people over
generations through the services and facilities that would be available at the
[Sorenson] Unity Center ." Anderson
tried to patch up the sores, staging a series of "Bridging the Religious
Divide" forums in 2004 and 2005 that sprouted small discussion groups
throughout the Salt
Lake Valley .
"People, in general, have many more similarities than they do
differences," says Elise Lazar, who is Jewish and has participated in
bridge-building groups with Mormons and members of other faiths since 2004.
"Our guidelines have always been that we are not there to change anybody,
but to understand each others' positions," she says. "We're friends
now." Still, she says, LDS views on homosexuality and efforts to thwart
gay marriage remain among the "thorniest" issues. "It's been
hard for us to get past," she says. "I have respect for many of the
values of the LDS
Church , but this [plaza
trespassing] incident highlights one of the most flagrant inconsistencies --
love thy neighbor, but only if he or she is heterosexual." The LDS Church ,
in a statement, says Aune and Jones were asked to stop "behavior deemed
inappropriate for any couple on the plaza," alleging the couple had been
drinking (Aune and Jones acknowledge that) and engaged in "lewd
language," "passionate kissing" and "groping." (Aune
says there was nothing "pornographic," just a show of affection.)
"We hope the plaza will continue to be an asset to the community and
enjoyed by the many that cross it each day," the church statement says.
"We want it to be a place of beauty and serenity in downtown Salt Lake City for
everyone." John Kesler, a Mormon who helped design Anderson 's forums, says the incident and the
ensuing "kiss-ins" highlight the need for more dialogue. Mormons don't
want to be vilified as anti-gay for "honoring" their beliefs about
marriage, Kesler notes, but they also have to realize that stand winds up
hurting people. "The temptation is for everyone to move to the lowest
common denominator and scream at each other from across the religious
divide," he says. "When you have something traumatic happen, it's an
opportunity for the community to convene and talk about it. Ultimately, it can
help us create community even though we have differences that tear us
apart." Mayor Ralph Becker says he does not plan to hold any
religious-divide forums of his own, nor does he take a position on the plaza
incident. "I am concerned about the hurt feelings that I've heard
expressed on both sides," Becker says. "We have so much to work
together on that my focus, as mayor, is to work on who we are and where we go
as a city." To that end, he plans
to release a report on discrimination this week and push a citywide
anti-discrimination ordinance this year. "Equality" and
"justice," he says, are a "cornerstone" of U.S.
democracy. Legally, there is not much
Becker can do about the plaza, Anderson
says. The Main Street
sale is history. "But certainly in terms of community dialogue, there's a
lot that the mayor could, and I think should, be initiating," Anderson says. "You
don't just let these
things fester."
The Rev. Tom Goldsmith, leader of the First Unitarian
Church , one of the
plaintiffs the ACLU represented in the lawsuits, wants to see the issues of
church and state, gay and straight discussed on a "grander scale."
"I would like to see dialogue not only among neighbors, but I'd also like
to see the dialogue elevated more amongst community leaders and religious
leaders." For now, he hopes the LDS Church
"lightens up" on plaza enforcement.
"The LDS Church responds very effectively to very overt cases
of human pain and suffering," such as Hurricane Katrina or poverty in Africa , Goldsmith says. "For some reason, they just
don't see the pain and suffering of people right here on their very doorsteps,
people who are prevented from having their civil rights honored, their human
integrity honored."
Dani Eyer |
Matthew Aune |
Derek Jones |
Tom Goldsmith |
Michael Marriott |
- Ben Edgar Williams 7/19/2010 3:41 PM Hi Michael thanks for the input. I only had access to the emails from 2002 from Craig Miller, Jeff Partain, Sherry Booth, Chad Keller and others. Minutes have never been shared with me and nowhere in the emails were there mention of a professional report. Do you have a copy of it? That would be great. Unfortunately little is retain in this community regarding it's history. As for the secrecy it may have appeared so because the Pride Day Committee and the Center did not consult the community nor any media that they were intending to have the GLBTCCU take over the Pride Day and have it become more "professional" rather than the home town affair it had been for years. There were no press reports or anything of that nature at the time the center was considering this move. In fact the involvement of the Bastian Foundation to the extent you report is quite news to me. Thanks for the update.Ben
- Re: Ben Williams "A History of Gay Pride in Utah" Monday, July 19, 2010 1:21 PM From: "Michael Marriott" To: "Ben Edgar Williams" Cc: "Michael Aaron" Hi Guys,I am looking in my files for the report, but I don't think I have it anymore. After I moved, I got rid of so much Foundation paperwork that was no longer necessary to keep. I can try to locate a copy, either from the Center or the consultant. I believe his name was Mike. He attended Pride that year, and wrote his report based on his findings. He came recommended thru my Foundation contacts/Community Center contacts and hailed from the Denver GLBT community. He also helped start the AIDS quilt..if I'm not mistaken. Interestingly, he provided a great report detailing ideas that the Salt Lake community should do including fencing in the event and charging the public. I remember the Denver Center raising a lot of money for programming from their Pride, and thinking that is exactly what needs to happen in Utah. At any rate, I will be happy to provide whatever information you need to help clear this time in the Utah GLBT history. I hope that people will look back and think that community members, both Pride Inc., and the GLBT Comm Ctr, and other folks involved, and made some difficult choices that led to what is now an incredible Pride event in UT. I was pleased to hear that this year's Pride was such a huge success! Thanks for taking the time to respond. Best, Michael
- Michael Marriott Back in 1995, Michael’s passion for real estate was ignited while living in Salt Lake City, Utah. After attending the University of Utah in Business Administration, and owning a variety of local businesses, he joined a small boutique broker in Park City, Utah. With lots of hard work and determination, Michael earned the prestigious “Rookie of the Year” in 1996. In 2006, he moved to DC and affiliated with Coldwell Banker Dupont. Then in 2011, Michael and Stanton found that they shared similar passions for real estate. With a desire to help people with the buying and selling experience, Marriott + Schnepp was formed. Since 1995, the real estate market has had its challenges. Each upswing and downturn has given Michael the opportunity to develop unique solutions. Instead of saying, “We can’t do that,” Michael’s response is always, “How can we do that?” This positive attitude is what draws people to want to work with him. Besides being a dedicated realtor, Michael takes time for family, friends, and fun for a healthy balanced life. Michael and his partner of 18 years, Juan, live with their dog, Bailey, in Sheridan Kalorama. Michael loves cars–especially his “all electric” Tesla, traveling the world with friends, and spending time working with various charitable and equal rights causes. He has served on the Board of Governors of the Human Rights Campaign, he was a founding Board member of Equality Utah, he served on the Board of Trustees of Ballet West and the Salt Lake Acting Company, and loves to support local neighborhood community organizations like Friends of Mitchell Park, the Logan Circle Community Association, and SMYAL. He is especially proud of his work as the Executive Director and Trustee of the B. W. Bastian Foundation, a private family foundation based in Utah.
2010 Todd Curtis Ransom 1982 ~ 2010 Todd Curtis Ransom departed
this life on July 19,
2010. He was born on July 11, 1982 in Princeton, New
Jersey. He grew up in Tucson, Arizona and Orem, Utah, where he graduated from
Timpanogos High School in 2000. He graduated with honors from the University of
Utah in May 2009, earning a BS degree in biomedical engineering. Before his
death he worked at BD Medical in Salt Lake City. Todd was a talented singer. He
was a member of the Timpanogos High School Show & Chamber choir and sang in
the BYU Men’s Chorus. He loved to sing, play the guitar, and write. He loved
the outdoors and taking photographs of beautiful scenery. For many years Todd
dealt with emotional pain that we could not understand. In spite of this, he
was sensitive and kind and had many friends. We know he has found peace and
that we will see him again. We all loved him very much and will miss him
deeply. We will always remember his laughter, twinkling blue eyes, big dimpled
smile and long, loving hugs.
Todd Ransom |
- Another Life Lost To Hatred And Bigotry Posted by Eric Ethington Another life has been lost to the hatred, bigotry and prejudice of the Mormon Church. Todd Ransom, 28, of Utah took his life this morning after a lifetime of persecution, leaving behind a note reading “Sunrise – Accept This Offering.” I don’t want to elaborate here much dear readers. Let me simply say that I place full blame on the Mormon Church and their intense bigotry and persecution of people like Todd. Todd was one of many interviewed for the recent documentary 8: The Mormon Proposition and his story of growing up in the church was truly heart-breaking. We fight for equality, we fight for justice; but we need to remember that the cost of those who hate us is the precious lives of our children. Be at peace dear Todd, we love you.
- Mark Swonson Re: Todd He apparently committed suicide last night. He was 28. I saw him at a party last week. He apparently went over to his family last week and told them he "he loved them" they had no clue or no else.
- Michael Aaron commented on Eric Equality Ethington's Link: "I just want to scream and cry and rant and soapbox and tell people how hateful they are to their friends and family for being so damned selfish to do this. But I don't. And I just did. I understand and I don't. I feel for them and I hate them. I want to resurrect them just to kill them again for being so cruel. I want to travel back in time to be there and plead and strangle them with my own hands if they reject my reasoning. They scare me because I don't know who's next. They anger me because they didn't come to me for help. How did you end all resources for living if you didn't talk to me or a dozen other friends who would say the same thing? I call you a coward, but braver than most. You escaped life and its troubles, but you also left me. I believe you will go to hell, but I hope and pray not. And I don't even believe in hell. I know of three people who killed themselves this month. How many others in this area did the same thing and I don't now about it. I read the obituaries daily to glean who was the latest suicide. Why am I so powerless to help with this? Why are we, as a community - yes, a gay community, and the community of Utah, able to fix this. Suicide is a choice. How do we get people to not choose this? How did so many of us - friends of Todd - not see the signs to see and recognize the signs that this was on our horizon? I'm angry, I'm hurt. Much like I was when I was 16 and a friend did the same thing. Much like I was when a complete stranger drove his car into a concrete wall only to have a group of boy scouts run to his "aid." I wish for a better world and pray that people out there considering the same thing know there are people out here who will help.
- Rebecca Chavez-Houck commented on Eric Equality Ethington's Link:"I hurt for all of you who hurt. I have no way of understanding your pain, but know that my heart aches for what some people have to go through. I agree with Michael; I want to have been able to protect them. I so wish that these individuals could find peace in other faith traditions that would love and accept them, before they resort to taking their lives. Maybe Ben's right; they might see a chance to be forgiven and loved if they leave. But I guess it is so hard when your family, the people who gave you life, hate you for who you are. I left the Catholic Church and became Episcopalian because I couldn't reconcile the Catholic Church's stance on women in the priesthood (plus many other things...), but I've never thought the road to my salvation lay in staying with the Catholic Church. I guess that's what makes it different."
2014 ACLU says same-sex marriages
must be recognized by state Courts • Utah has asked U.S. Supreme Court to
continue stay on the marriages. BY JESSICA MILLER AND PAMELA MANSON THE SALT
LAKE TRIBUNE The marriages of same-sex couples who wed in Utah are valid and
the state should not be allowed to “effectively divorce” them by placing their
unions on hold, the American Civil Liberties Union said Thursday. “The act of
entering into marriage is a fundamental change in legal status, which is
shielded by the Constitution from state interference,” the ACLU said in a brief
filed at the U.S. Supreme Court in Evans v. Utah. The ACLU filing was in
response to a request by Utah that the Supreme Court issue an emergency order
preventing the state from recognizing the more than 1,000 same-sex marriages
performed during a 17-day window starting in December when the unions were
legal in the state. With a stay barring recognition due to expire at 8 a.m.
Monday — making the same-sex couples eligible for spousal benefits — Utah asked
for the emergency order on Wednesday. The state said it believes it will
ultimately prevail in its fight to revive a ban on same-sex unions, which it
says would nullify the marriages entered into during the window. But the ACLU
said that even if the same-sex marriage ban is revived, the state will be
constitutionally barred from nullifying the marriages that took place between
Dec. 20, 2013, and Jan. 6, 2014. It said that “couples that do legally marry
are protected by the same fundamental rights and liberty interests as any other
legally married couple.” Utah continues to defend its right to define marriage
as a union between one man and one woman on two fronts — in the historic
Kitchen v. Herbert case that toppled the state’s ban on same-sex unions in
December, and in the newer Evans v. Utah
suit, in which say the state must
recognize their Utah marriages. U.S.
District Judge Dale Kimball ruled in May in the Evans case that Utah must recognize
and imbue all same-sex marriages performed in the state with the same rights
and privileges afforded to married opposite-sex couples. His decision did not
go into effect immediately to give the state time to appeal. Utah’s emergency
application was filed with U.S Supreme Court Justice Sonia Sotomayor, who
oversees the federal court circuit of which Utah is a part and who, in January,
halted the issuance of marriage licenses to same-sex couples in Utah after 17
days of marriages. If Sotomayor refuses to intervene, the state wrote, it will
seek relief from the full U.S. Supreme Court. The state had first gone to the
10th Circuit Court of Appeals. A panel of three judges, who heard the Kitchen
v. Herbert lawsuit, subsequently denied the request to indefinitely stop
married gay and lesbian couples from applying for benefits until all litigation
was settled. Judges Carlos F. Lucero and Jerome A. Holmes authored the succinct
denial without offering an analysis of their reasons. But, in denying Utah’s
request, the judges declared the state failed to prove it would suffer
irreparable harm in recognizing the marriages and didn’t demonstrate that the
state is likely to prevail in its appeal.
Last week, one appeals judge, Judge Paul J. Kelly, wrote a dissent, backing
the state’s right to judicial resolution and arguing that allowing gay and
lesbian couples’ marriages to be imbued with rights would undermine the appeals
process.
2018 haCalifornia Gov. Jerry Brown on Monday signed a bill into law establishing June as LGBT Pride Month, making California apparently the first state with such a statute. a sinus infection that I went to urgency care for this morning. I thought it would go away but hadn't. I hadn't been sleeping well but got some anti-biotics. Just been staying close to home spending time with Buddy. He's declining quickly.
Dale Kimball |
2018 haCalifornia Gov. Jerry Brown on Monday signed a bill into law establishing June as LGBT Pride Month, making California apparently the first state with such a statute. a sinus infection that I went to urgency care for this morning. I thought it would go away but hadn't. I hadn't been sleeping well but got some anti-biotics. Just been staying close to home spending time with Buddy. He's declining quickly.
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