Open Forum: The 10th Amendment and Gay Marriage

A federal judge has recently ruled that section three of the Defense of Marriage Act is unconstitutional. The ruling is a major blow to those trying to keep federal benefits from married gay couples and will likely make its way before the Supreme Court shortly.

What is most interesting about the case is that the Judge found that not only did part of DOMA violate the equal protection clause of the constitution but that it also violated the tenth amendment! The tenth amendment has traditionally been used by conservatives to argue in favor of states rights.

How will the ruling on the 10th amendment play out in the future of proceedings on gay marriage? On one hand it can be argued that the federal government cannot dictate marriage if a state chooses to recognize gay marriage. However, couldn't it also be used to argue that if the Supreme Court or Congress decided to make marriage equality the law of the land that states could choose to abstain?

Word of the Gay: "Lavender Law"

"Lavender Law" refers to government and court rulings that have an impact on the LGBT community.

Breaking News: Florida Adoption Ban Ruled Unconstitutional

"Miami-Dade Circuit Judge Cindy Lederman Tuesday declared Florida's 50-year-old ban on gay adoptions unconstitutional -- a ruling state lawyers immediately said they would challenge.

The ruling sets the stage for Frank Gill, a gay man from North Miami, to adopt two foster children he has raised since 2004.

In a 53-page ruling, Judge Lederman said, ``It is clear that sexual orientation is not a predictor of a person's ability to parent.

Two lawyers from the Florida Attorney General's Office said they would file an appeal Tuesday.

''We respect the court's decision,'' said Assistant Attorney General Valerie Martin. ``Based upon the wishes of our client, the Department of Children & Families, we will file an appeal.''

Gill, who is raising the half-brothers, ages 4 and 8, said he was ''elated'' by the ruling and ``I cried tears of joy for the first time in my life." (Miami Herald)

Homosexual Sex Given Green Light in Turkish Court

A Turkish court has tried a man accused of selling gay and group sex videos. While homosexuality is not illegal in Turkey it is still considered taboo and LGBT people face many legal restrictions. The court could have charged him with selling "unnatural sex" videos but instead charged him with a lower level crime of selling the videos in an illegal location.

"In its verdict, the Istanbul court said: Most European countries have given gay relationships the equivalence of marriage, and in Holland gay marriages were made legal a few years back. In a world of modern societies, it is not possible to say intercourse among members of the same sex is unnatural.

The verdict also read: Since the action happens in private places and does not include children it is not criminal. The term unnatural sexual behavior' should be seen from a narrow perspective; otherwise there is the risk of judging every sexual relationship outside of certain limitations unnatural. It is without doubt that the images are eccentric. Although this kind of sexual activity is not common in societies, it is a fact that in every society collective sexual relationships exist." (Turkish Daily News)

This is a significant gay rights development in Turkey, a country that typically shuns homosexuality while struggling to be accepted into the European Union and advance as a modern nation.

California Legalizes Gay Marriage!

The California Supreme Court has ruled that it is unconstitutional to deny gays and lesbians equal marriage rights. Gay.com Breaking News Headline!

This is a huge landmark for Queer civil rights in America and throughout the world! California courts are highly respected and set a national gold standard.

The battle still continues as this will now energize anti-gay activists to amend the state constitution to ban gay marriage, equality activists will have to battle these efforts. But, let us rejoice for now and let the party begin!