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?

TMZ Draws Physical Comparisons Between Elena Kagan & Men

TMZ a gossip and entertainment news website is coming under criticism for attacking Supreme Court nominee Elena Kagan based on her gender expression. First she was compared to "King of Queens" star Kevin James (I am highly certain there is no coincidence they selected that show). Today she was compared to transman Chaz Bono.

There has been speculation over Kagan's sexuality for some time now, some think it's a private matter, while others feel that public leaders should come out.

Regardless of how people feel about outing, and the importance of coming out, we can all agree that insulting someone based on their gender expression is unacceptable. This is as Bilerico puts it is an "open invitation to homophobia and transphobia" and that is exactly what the comments on the TMZ site by viewers express.

TMZ e-contact form for complaint.

Ensure Sexual Orientation is NOT a Factor in Vetting Supreme Court Nominee

President Obama is tasked with choosing his second Supreme Court nominee, this time replacing Justice John Stevens. The court pick is always contentious because both sides of the political spectrum worry about the ideological positions of the nominee. The far right is pressuring Obama not to choose any potential judge who may be LGBT, they believe that queer sexual orientation should disqualify a potential candidate.

Sign the petition urging Obama to make sure sexual orientation is not a factor in his decision pick for the Supreme Court.

Hit The Streets - Prop 8 Upheld by Court!

Proposition 8 has been upheld by the Supreme Court. Gay marriage is officially illegal in the state of California, and the 18,000 marriages before hand are still in tact.

Be mad. Go out to the streets.

http://www.dayofdecision.org

Obama on Supreme Court Appointments & Marriage

Obama on the Supreme Court:

"And so my criteria, for example, would be-- if a Justice tells me that they only believe the strict letter of the Constitution-- that means that they possibly don't mean-- believe in-- a right to privacy that may not be perfectly enumerated in the Constitution but, you know, that I think is there. I mean, the-- the right to marry who you please isn't in the Constitution. But I think all of us assume that if a state-- decided to pass a law saying, "Brian, you can't marry the woman you love," that you'd think that was unconstitutional. Well, where does that come from? I think it comes from a right to privacy-- that may not be listed in the Constitution but is implied by the structure of the Constitution."

Crossposted via Good As You.

Queering Up History: "Lawrence v. Texas"

Happy five year anniversary to the major decision by the U.S. Supreme Court on Lawrence v. Texas. On June 26th 2003 the high court struck down the anti-sodomy law by a 6-3 vote officially decriminalizing homosexual sex within the United States.

Take Action: Voice Support for California Same-Sex Marriage Ruling

California Governor Arnold Schwarzenegger is taking feedback on the "hot button" issue of the California Supreme Court Ruling favoring same-sex marriage.

It's a simple, easy automated call, you don't need to speak to anyone.

To vote in support of the Supreme Court's decision on LGBT marriage:

1. Call the Governor at 1-916-445-2841
2. Press 1, 5, 1, 1

Email form:
http://gov.ca.gov/interact#email(Click email tab and select "Supreme Court decision on Same Sex Marriage". On the next screen you must click PRO).

Governor Arnold Schwarzenegger
State Capitol Building
Sacramento, CA 95814