Excuse us, AGI? Your slip is showing.

Those working to pass the Marshall/Newman so-called “marriage amendment” need very much for the general public to believe two things about their campaign: One, that its underlying arguments are secular, and two, that their motivation is not anti-gay animus and the desire to harmfully intrude on the lives of GLBT people.

There is good reason for this. A majority of voters would not only fail to support, but would be sickened by a measure designed to insert a specific religious doctrine into our constitution and to punish people for creating a life with a same sex partner. Anti-Gay Industry talking points intended for public consumption are carefully honed and disseminated with this in mind.

A different reality emerges from communications intended for a more private audience.

Compare and contrast these two versions of an information alert from the AGI organization Alliance Defense Fund, regarding a court ruling in Arizona that will allow an anti-gay “marriage amendment” to appear on the state ballot. One is posted on the ADF website; the other was sent as an email to trusted supporters.

Website: “The court has spoken: Arizona voters should have say on marriage amendment.”

Email alert: “A SPECIAL GIFT FROM GOD – ADF Receives EIGHTH Big Victory for Marriage in Less than Six Weeks – This time in ADF’s Home State of Arizona!!!!”

Website: “A Maricopa County Superior Court judge today ruled against opponents of a proposed constitutional amendment affirming marriage as the union of one man and one woman. The judge found that the amendment did not violate the Arizona Constitution’s “single subject” rule, thwarting an attempt to prevent Arizona voters from having a say on the amendment at the polls in November.”

Email alert: “Last Friday, August 4th, ADF Senior Counsel Glen Lavy, assisted by Peter Gentala, general counsel for the Center for Arizona Policy, participated in oral arguments before the Maricopa County Superior Court to stop another attempt by advocates of homosexual behavior to derail the democratic process…As they have done before, advocates of homosexual behavior and their allies filed a lawsuit to deny Arizona voters the right to decide this nation-shaping issue. Their lawsuit was based on the so-called “single-subject” rule since the proposed amendment addresses not only marriage, but “marriage substitutes” such as civil unions.”

Website: “ADF and its allies have recently been victorious in other legal battles involving marriage in New York, Washington, Connecticut, Nebraska, Tennessee, Georgia, and Massachusetts. For more information on the battle to protect marriage, visit …”

Email alert: “This is the eighth God given win in eight states for God’s plan for marriage this summer. But as expected, the advocates of homosexual behavior and their allies will immediately appeal to the Arizona Supreme Court, and the court will hear the case and render a decision quickly because of the proximity of the November election. Please be in prayer for this appeal ““ and the continued legal battles to defend aand affirm marriage between one man and one woman across America. Despite these recent God-given victories, the BATTLE IS FAR FROM OVER.”

The Alliance Defense Fund is a franchise of Focus on the Family, and was co-founded by James Dobson. The Virginia contact for Focus on the Family is listed on their website as Victoria Cobb and the Virginia Family Foundation.

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“Scare tactics,” a brief history of (Vol I)

A letter to the Attorney General of Michigan, following passage of Proposal 2 (Michigan’s version of the anti-gay Marshall/Newman amendment):

Citizens for the Protection of Marriage have lied to the people of Michigan.

Time and again, they swore that Proposal 2 was only about defining marriage as between one man and one woman and not about denying health benefits to same-sex couples.

In their own campaign literature they stated: “Proposal 2 is Only About Marriage. Marriage is a union between husband and wife. Proposal 2 will keep it that way. This is not about rights or benefits or how people choose to live their life. This has to do with family, children and the way people are. It merely settles the question once and for all what marriage is – for families today and future generations.”

Their chairwoman Marlene Elwell told USA Today on Oct. 15, 2004, “This has nothing to do with taking benefits away. This is about marriage between a man and a woman.”

Eric Doster, the attorney who represented CFPM before the Michigan Board of Canvassers Hearing on Aug. 23, 2004 said, “But there would certainly be nothing to preclude that public employer from extending those benefits if they so chose.”

Gary Glenn, head of the American Family Association of Michigan was quoted on Mlive.com as calling allegations that the amendment language could affect domestic partner benefits a “scare tactic” and insisted “public employers could offer domestic partnership benefits if they want to.”

As a result of an intentionally misleading campaign, the people of Michigan were mislead into believing they were voting for a simple, traditional definition of marriage. Instead, the amendment is being interpreted to create state-sponsored discrimination. Mr. Cox, your interpretation of the marriage amendment takes away health care from Michigan families at a time when health care is at a premium. Your opinion also ignores case law supporting domestic partner benefits. This is not acceptable.

As a citizen and a taxpayer, I call on you to retract your overly-broad, discriminatory and cruel interpretation of the marriage amendment. This amendment was marketed as only being about marriage. Michigan families are trusting you to keep it that way.

Source: Fair Michigan Majority

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More Town Hall fun

The Fairfax Times now has a report on the NoVA Town Hall with Attorney General McDonnell, in addition to one in the Observer.

Neither report includes any part of the Q&A session about the Marshall/Newman amendment. Both reporters simply echo the bland, all-too-familiar talking points issued by the AG and other pro-amendment leaders.

A better, and more interesting report would have included questions from the audience that forced the AG to say things that were off script. For example, he admitted on the record that the proposed amendment is in fact an extension beyond what is already in Virginia law. Since this is one of the favorite talking points of the Marshall/Newman crowd (repeated yet again today in a Virginia Pilot op-ed by poor Victoria Cobb), it would be nice for a journalist to have picked up on the fact that McDonnell himself admitted it isn’t true.

We need to insist that our local journalists get it right. When our Attorney General, the “people’s lawyer,” makes a statement about an addition to our Bill of Rights designed to convince voters that it’s harmless, and then is publicly forced to admit that his statement was false, that’s news. The voters have a right to expect this to be reported.

Tell the editors and readers of the Fairfax Times and the Observer that a key piece of information was missing from their articles on this event:

editor@observernews.com
scahill@timespapers.com

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Open letter to representatives, Aldie hate crime

The following is an open letter sent to Loudoun County elected representatives, published in local newspapers the first week of August, 2006.

Most of you by now will have heard from the Sheriff’s Office about the horrific anti-gay hate crime perpetrated in Aldie in the early hours of Saturday, July 29.

We are pleased that the Sheriff’s department is investigating this incident as what it is, a hate crime and act of terrorism. The amount of damage done and the use of an accelerant suggests that this attack was planned, involved several people, and that the intent went beyond simple vandalism to arson, and possibly attempted murder. The residents were at home asleep, along with visiting family members including a 9-year-old niece. We can all be thankful that none of them was physically harmed.

This obviously is not the kind of behavior that any of us wants to see in this community. Unfortunately, it is the kind of behavior that we have seen escalate in other parts of the country when the community is engaged in debate over a controversial issue. Violence and vandalism perpetrated against the gay community has escalated to the level of arson and murder during similar campaigns to restrict the rights of gay citizens.

I had hoped that we would not see this kind of development in the course of public debate over the proposed constitutional amendment, but now I fear the pattern we have seen elsewhere is going to be repeated. Regardless of your individual policy positions with regard to the Virginia amendment, or your personal feelings about the gay community, I expect that each of you will swiftly, publicly and in no uncertain terms condemn this vicious act.

Thank you for your service and please don’t hesitate to contact me for further information.

David Weintraub, President, Equality Loudoun

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Virginia vs. Vermont

A biting Washington Post editorial today gives us a watered down preview of the future envisioned by the backers of the Marshall/Newman amendment: A Virginia that elevates anti-gay animus to a constitutional principle, above federal law and above simple human decency.

If the “legally flawed and morally reprehensible” ruling by a Virginia judge in this case represents the “proper” interpretation of the “Affirmation of Marriage Act,” then what can we expect from the far more damaging constitutional amendment, which extends its intrusion into ALL unmarried relationships?

Virginia vs. Vermont
Washington Post
August 9, 206

Virginia should step aside — and let Janet Miller-Jenkins see her daughter.

ISABELLA MILLER-JENKINS has two mommies. That isn’t a big deal these days, and it shouldn’t be, except for this: Isabella’s biological mother, Lisa Miller-Jenkins, doesn’t want her former partner, Janet Miller-Jenkins, to have any visitation rights — though the two women decided together to conceive the child (Lisa had artificial insemination through an anonymous donor they jointly selected) and raised her together. When they split up two years ago, Lisa Miller-Jenkins initially acknowledged that Janet was Isabella’s parent and asked that Janet be given “suitable parent-child contact.” A judge in Vermont, where the couple had been living, agreed.

But then Lisa, who moved back home to Virginia after they split, changed her mind. And in a legally flawed and morally reprehensible decision, a state court judge in Virginia backed Lisa.

Read the editorial

The editors go on to point out that neither Vermont’s civil union law nor Virginia’s anti-gay, anti-civil union law is relevent to the issue in this case: the best interests of a child in an interstate custody dispute.

Virginia doesn’t care. There could be no clearer illustration of the fact that Virginia courts do not feel bound by higher law or constitutional principles. Marshall/Newman is, and is intended to be, “Virginia’s small-minded reaction” on steroids.

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Defending Virginia’s Declaration of Rights

Richmond Times-Dispatch
August 7, 2006
By Linda Monk

A Higher Standard: On Defending Virginia’s Declaration of Rights

Virginia has a unique constitutional heritage — one that it is now proposing to abandon. On June 12, 1776, the newly independent state adopted a constitution prefaced by a Declaration of Rights. Thus, Virginia became the first government ever — in human history — to have a written constitution that contained a written bill of rights.

Although England had adopted a Bill of Rights in 1689, it was an ordinary statute and not part of a written constitution. The British have an unwritten constitution, which makes it especially susceptible to the interpretation of judges.

Read the editorial

Section 1 of that Declaration of Rights, since we all need an occasional reminder, reads:

That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.

Section 15, to which the clumsy, ambiguous, discriminatory language of the Marshall/Newman amendment would be added if passed, reads:

That no free government, or the blessings of liberty, can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality, and virtue and by frequent recurrence to fundamental principles.

Let’s review. Marshall, Newman, and some outfit calling itself “Virginia for Marriage” wants to add to the above language, which articulates the qualities necessary to a free government, this clunker:

“This Commonwealth and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage. Nor shall this Commonwealth or its political subdivisions create or recognize another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage.”

As Monk (very moderately) points out, this is “language that would make Thomas Jefferson and George Mason cringe.” A Bill of Rights is not a Bill of Prohibitions. Those wishing to prohibit things of which they don’t approve have the right to elect representatives who will draft legislation to do so. That legislation is subject to the scrutiny of courts, whose job it is to determine whether it violates the fundamental principles in our Constitution. That’s how our system works.

Marshall/Newman is an attempt at an end-run around this system. It would elevate one opinion on a controversial social issue to the status of a “fundamental principle,” and would foreclose on the right of future voters (“posterity”) to disagree with that opinion through representative government.

The definition of family is the subject of a conversation we are currently having as a society. It is our ability to have that conversation as a free people, with no foregone conclusion, that is a fundamental principle worthy of our Bill of Rights.

Monk ends her editorial with our challenge:

Virginia has a higher standard, and a higher responsibility, when changing its cherished Declaration of Rights. As Virginians, we have a special duty to defend the core idea of constitutionalism: that our highest form of law should express fundamental rights, not become a referendum on the issues of the day.

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Silence == consent

Update: This is Sophrosyne’s description of this post at the Virginia Blog Carnival:

“David over at Equality Loudoun has a post discussing the civility of the Virginia Marriage Amendment debate in relation to a purported lack of condemnation of a recent act of vandalism in a Loudoun community (which appears to be motivated by the victims’ sexual lifestyle).” [Emphasis mine]

At least she posted it.

It has not escaped our notice that not one of the blogs that regularly editorialize in support of the Marshall/Newman amendment, not a single one, has condemned the vicious hate crime perpetrated against members of our community in Loudoun. Nor has any elected official who supports the amendment condemned it – including Attorney General Bob McDonnell, who had the perfect opportunity Tuesday night when one of the NoVA Town Hall activists raised the issue of civility. It’s been over a week now.

After making cynical requests for civility in the debate over Marshall/Newman, and after repeated claims that they are not anti-gay**, leaders of the primary outlet for pro-Marshall/Newman propaganda have openly endorsed an association between Marshall/Newman opponents, the GLBT community, and pedophilia.

Several NoVA Town Hall contributors have endorsed this post, insisting that it makes a valid argument to which Marshall/Newman opponents are obligated to respond. In reality, it only posits a moral equivalency between the loving, committed partnerships of gay adults seeking some measure of legal protection for their families, and the sexual abuse of children by criminal predators.

Endorsement of this moral equivalency is tantamount to endorsing hate crimes against the gay community.

Since I know that this statement will be excoriated by these same contributors as hyperbole and “name-calling,” (pot, kettle?) let me save them some time by explaining why this is true.

Monsters who prey on children are, reasonably enough, subject to prosecution and punishment under our system of criminal justice.

Healthy adults occupied with building a life with the partner of their choice, regardless of gender, are not. Only an insignificant lunatic fringe still believes it should be otherwise.

Social conservatives may dislike the manner in which the few remaining state laws that criminalized consensual sexual relationships were voided, but even Über-conservative Supreme Court Justice Clarence Thomas described them as “uncommonly silly.” Virtually all Americans agree with that assessment. [I will here make only the obligatory, cursory Bob McDonnell reference.]

There is no such consensus, for obvious reasons, on the sexual exploitation of children. Only an insignificant lunatic fringe would argue that engaging in sex with children is moral, or that children can give consent to a sexual relationship with an adult.

These two things are like night and day. Or, if you prefer, like apples and road apples (hat tip to my beloved).

Since consensual adult relationships are not subject to criminal prosecution, endorsing such a moral equivalency must be understood as an invitation to the frustrated lunatic fringe to mete out extra-legal punishment to those they wrongly view as “deviant.”

None of this should be interpreted as the suggestion that anyone’s right to freedom of speech should be abridged. We all have that fundamental right, regardless of how obnoxious, laughable, or factually inaccurate our speech may be. This does not mean, however, that speech does not have consequences, and those consequences are brought to bear in the arena of public opinion.

Sometimes the failure to speak has consequences, too.

I would think that, of all the people who would want to go on record as condemning acts of violence and intimidation against the gay community, it would be the vocal proponents of the amendment who want us to believe they are not motivated by anti-gay animus.

I find it remarkable that the proponents of Marshall/Newman would be so self-righteous as to complain about the use of speech like “bigot” and “homophobe,” while remaining silent about a hate crime perpetrated on the gay community right in their own backyard. In case anyone somehow doesn’t know what I am talking about: 170 trees and shrubs ripped out or cut down. Gasoline poured all over the yard, around the house and over the well. “FAG” spray painted all over the property.

There is no indication that this specific crime was directly motivated by the debate over Marshall/Newman, or by the demonizing propaganda – like the moral equivalency discussed above – peddled by its proponents. However, these two men were targeted because they are gay. The context in which this crime was committed is a climate created by increasingly hysterical and dehumanizing portrayals of GLBT people.

The failure to swiftly, publicly, and in no uncertain terms condemn this monstrous behavior is not only a moral failure, but also, I believe, an enormous public relations one. It would behoove Marshall/Newman supporters to correct it.

**We are fascinated by this. Why would those who devote all of their spare time to finding ways to interfere with the lives of gay people, and justify this activity by claiming that there is something wrong with gay people, then object to the observation that they are anti-gay? We think it must be because they understand that it’s wrong. If they didn’t understand that being anti-gay is morally wrong, they wouldn’t become defensive about it.

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