GAY PEOPLE'S

Chronicle

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Ohio's Newspaper for the Lesbian, Gay, Bisexual and Transgender Community www.GayPeoplesChronicle.com Volume 24, Issue 19 m March 13, 2009

Justices seem ready to uphold Prop. 8

But 18,000 couples will probably stay married

by Eric Resnick

San Francisco-After three hours of oral arguments on March 5, conventional wisdom holds that that the California Supreme Court will uphold the state's amendment banning same-sex marriage, but retain the marriages of 18,000 lesbian and gay couples who wedded before the measure passed.

The court is considering challenges to the marriage ban amendment, passed in November as Proposition 8. A decision is due by June 5, but could come sooner. Proposition was a response to the May 2008 decision by the same court that barring same sex couples from marriage was unconstitutional.

Battling Proposition 8 was likely the largest LGBT mobilization in history. The loss has subsequently led to blame, animus, and challenges to established LGBT leadership.

The 14-word measure says, "Only marriage between a man and a woman is valid or recognized in California."

The matter before the seven justices was a melding of three separate cases, posing three questions to the court:

Is Proposition 8 invalid because it constitutes a revision, rather than an amendment, of the California constitution?

Does Proposition 8 violate the state constriction's separation of powers doctrine?

If Proposition 8 is upheld, what happens to the marriages of samesex couples performed before it passed?

Though California's seven justices are appointed by the state's governor, Proposition 8 proponents have threatened to recall any who block the amendment from taking effect.

Three parties appeared before the high court.

The petitioners are a group of married couples, LGBT rights or-

ganizations, and broader civil rights and progressive religious and civic groups, opposing Proposition 8. California cities and counties also argued on the side of the petitioners.

On the other side were the interveners, composed mainly of antiLGBT establishment, conservative religious organizations, and people who circulated the Proposition 8 petitions. They were represented by Kenneth Starr, dean of Pepperdine Law School and former White House special prosecutor during the Monica Lewinsky scandal.

Third was the California attorney general, in a precarious position with the state essentially being sued by both sides. Assistant Attorney General Christopher Krueger represented the state.

"Which side are you on?" Justice Joyce Kennard asked Krueger. She had sided with the majority in the 2008 ruling for marriage, adding a concurring opinion.

"Challenger,' said Krueger. "Attorney General [Jerry] Brown believes it is unconstitutional and should be invalidated."

Shannon Minter of the National Center for Lesbian Rights was up first for the petitioners. He told the justices that Proposition 8 took away gay and lesbian couples' right to be treated with equality, dignity and respect according to court's own reasoning in last May's decision recognizing marriage equality.

Amendment or revision?

A major issue in the case is whether Proposition 8 is a simple constitutional amendment or a more serious constitutional revision. A revision must involve the state legislature or a constitutional convention.

Petitioners argued that it is a revision conflicting with the constitution's Equal Protection

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Inside This Issue

Rubber crown

Emcee Samantha Styles tells contestant Pup Kevin to select a judge to ask him a question during the interview portion of the Mr. Rubber Cleveland contest on February 28.

After being grilled by Ms. Tree of New Age in Leather and author Tim Brough, he went on to take the title Rubber Cleveland 2009.

Mr.

The two-night event at Cocktails was emceed by Styles and Randy Austin, and joining Ms. Tree and Brough as a judge was the Rubber Rebel, from New York City. In addition to Styles and Austin, entertainment throughout the evening was also presented by Ramona West and Mr. Rubber Cleveland 2008 Sean Johnson.

Johnson has used his title extensively as an outreach tool, appearing at Pride and leather events across the country. He has also worked to bring the drag and fetish communities together more, and has tirelessly held benefits for AIDS organizations. He also is a marriage equality activist.

The new titleholder, 20-year-old Pup Kevin, is a university student looking to bridge the generational gap in the leather and fetish communities.

"I especially hope to raise awareness and educate about HIV and AIDS and create fundraisers for those infected with or affected by HIV," he said.

He pointed in his acceptance speech to a rise in the prominence of unprotected sex, or “barebacking.” "We dress from head to toe in rubber, but we won't put one on our dicks?" he snorted derisively. Both Johnson and Pup Kevin pointed to the rise of rubber in the fetish community, and both believe that it can be a great equalizer.

"The world of rubber is for everyone, whether you're a man or a woman, gay or straight, black or white, you're welcome to try it on and help form what it's going to be," Kevin said.

-Anthony Glassman

Retired colonel goes to D.C. to call for 'don't ask' repeal

by Anthony Glassman Washington, D.C.-While

Story of hallway dilemma wins museum honors for Olmsted Falls High School senior

Letters to the Editors....

Page 3

It's film festival time Page 8

Charlie's Calendar Resource Directory. Classifieds

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15.

the Pentagon's "don't ask, don't tell" policy continues to get gays and lesbians kicked out of the military, a major gathering to call for its end is being held on Friday, March 13.

A measure to repeal the federal law behind "don't ask" was introduced this week by Rep. Ellen Tauscher of California. Among the advocates for repeal gathered on the lawn of the Capitol will be retired United States Air Force Col. Dan Tepfer, a board member of Parents, Family and Friends of Lesbians and Gays and a leader of P-FLAG's Dayton chapter. Since the policy was enacted in 1993, over 12,000 gay and lesbian service members

have been expelled, including linguists with skills needed in the "war on terror."

Tepfer's call for the repeal of "don't ask, don't tell" was published in the Dayton Daily News last April.

In it, he said, "It's time to repeal... an immoral policy that prohibits patriotic and qualified gay, lesbian and bisexual citizens from serving openly in the military."

"My 23 years of active-duty service were before 'don't ask, don't tell' and before I knew I had a gay child. I confess I gave little thought to whether gay people were serving in the military with me or whether they should be allowed to

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