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	<title>Comments on: The state of gay marriage: NY, NJ, NH, Ore., Mich. and DC</title>
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		<title>By: Drewski</title>
		<link>http://www.365gay.com/news/the-state-of-gay-marriage-ny-nj-nh-ore-mich-and-dc/comment-page-1/#comment-78091</link>
		<dc:creator>Drewski</dc:creator>
		<pubDate>Sun, 29 Nov 2009 07:31:31 +0000</pubDate>
		<guid isPermaLink="false">http://www.365gay.com/?p=10732#comment-78091</guid>
		<description>@Joseph Rizzo--sir, I would suggest that you&#039;re old enough to recall a time when blacks didn&#039;t dare travel through certain areas, let alone expect service at soda fountains or in hotels.  I would suggest that you have seen people not hired because they were too ethnic, whatever that ethnicity might be.  Would you really have younger generations limit themselves to crumbs, when we American citizens are entitled to equality (in rights and responsibilities) under the Constitution?  That includes you.  

@S Saxon--you&#039;re right--our rights should never have been subject to popular vote.  You mention the Charter; Canada&#039;s recognition of gay rights is at least partly due to the youth of the Charter, and many sitting politicians in the early 2000&#039;s were at least in high school when the Charter was patriated, in late 1982.  To make a comparison in US history, 20-ish years after the Civil Rights Act was Reagan&#039;s first term, when Reagan was studiously avoiding any action on HIV/AIDS, a time when gay was equated with AIDS, and AIDS equaled death.  Paul Martin&#039;s Throne Speech put opponents of C-38 squarely in the position of being seen as attacking a fundamental element of the Charter--that rights can not be put to a vote.  It worked well enough that Stephen Harper&#039;s minority governments haven&#039;t made any attempt to repeal C-38--and if Harper made such a move, even if he should attain a majority government, it would very probably result in a no-confidence vote, or--much worse--invocation of the Notwithstanding Clause by the majority of provinces.  

Down here in the States, it&#039;s unfortunate that the Democrats--the erstwhile defenders of equality under the law--seem to have no problems with selling out gays.  What other options do we have?  Well...I&#039;m not placing a bet one way or the other, but I have a funny feeling that there will soon be a case before the US Supreme Court, and GOP-appointed, self-described &quot;strict-constructionist&quot; Justices, will decide in our favor.  It will probably be in the most limited and convoluted way they can manage, but it will be a decision based on black-letter law.  Singling out gays for different treatment under the law creates a suspect class as defined by established civil rights law.  If the Court says it&#039;s OK to do that, they overturn decades of civil rights law, and open the door to repealing the Civil Rights Act through litigation.  If the Court finds squarely in favor of gays--including us under civil rights law where we are not explicitly included, but are included by inference and by growing case law and legislation--then this center-right Court will have done what Democrats have been too cowardly to do.  The longer this stupid dance goes on, the more proof there is that antigay Federal legislation can&#039;t pass Constitutional muster because it follows the same pattern as Jim Crow.  If GOP-leaning Justices are the ones who finally bring this battle to an end in our favor, it has the potential to shift US politics in a huge way.  It&#039;s what the GOP doesn&#039;t want, yet it could give them an immense opportunity by claiming to outdo Dems on civil rights.  And the Dems would have nothing to say...just like the HRC.</description>
		<content:encoded><![CDATA[<p>@Joseph Rizzo&#8211;sir, I would suggest that you&#8217;re old enough to recall a time when blacks didn&#8217;t dare travel through certain areas, let alone expect service at soda fountains or in hotels.  I would suggest that you have seen people not hired because they were too ethnic, whatever that ethnicity might be.  Would you really have younger generations limit themselves to crumbs, when we American citizens are entitled to equality (in rights and responsibilities) under the Constitution?  That includes you.  </p>
<p>@S Saxon&#8211;you&#8217;re right&#8211;our rights should never have been subject to popular vote.  You mention the Charter; Canada&#8217;s recognition of gay rights is at least partly due to the youth of the Charter, and many sitting politicians in the early 2000&#8242;s were at least in high school when the Charter was patriated, in late 1982.  To make a comparison in US history, 20-ish years after the Civil Rights Act was Reagan&#8217;s first term, when Reagan was studiously avoiding any action on HIV/AIDS, a time when gay was equated with AIDS, and AIDS equaled death.  Paul Martin&#8217;s Throne Speech put opponents of C-38 squarely in the position of being seen as attacking a fundamental element of the Charter&#8211;that rights can not be put to a vote.  It worked well enough that Stephen Harper&#8217;s minority governments haven&#8217;t made any attempt to repeal C-38&#8211;and if Harper made such a move, even if he should attain a majority government, it would very probably result in a no-confidence vote, or&#8211;much worse&#8211;invocation of the Notwithstanding Clause by the majority of provinces.  </p>
<p>Down here in the States, it&#8217;s unfortunate that the Democrats&#8211;the erstwhile defenders of equality under the law&#8211;seem to have no problems with selling out gays.  What other options do we have?  Well&#8230;I&#8217;m not placing a bet one way or the other, but I have a funny feeling that there will soon be a case before the US Supreme Court, and GOP-appointed, self-described &#8220;strict-constructionist&#8221; Justices, will decide in our favor.  It will probably be in the most limited and convoluted way they can manage, but it will be a decision based on black-letter law.  Singling out gays for different treatment under the law creates a suspect class as defined by established civil rights law.  If the Court says it&#8217;s OK to do that, they overturn decades of civil rights law, and open the door to repealing the Civil Rights Act through litigation.  If the Court finds squarely in favor of gays&#8211;including us under civil rights law where we are not explicitly included, but are included by inference and by growing case law and legislation&#8211;then this center-right Court will have done what Democrats have been too cowardly to do.  The longer this stupid dance goes on, the more proof there is that antigay Federal legislation can&#8217;t pass Constitutional muster because it follows the same pattern as Jim Crow.  If GOP-leaning Justices are the ones who finally bring this battle to an end in our favor, it has the potential to shift US politics in a huge way.  It&#8217;s what the GOP doesn&#8217;t want, yet it could give them an immense opportunity by claiming to outdo Dems on civil rights.  And the Dems would have nothing to say&#8230;just like the HRC.</p>
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		<title>By: S Saxon</title>
		<link>http://www.365gay.com/news/the-state-of-gay-marriage-ny-nj-nh-ore-mich-and-dc/comment-page-1/#comment-78090</link>
		<dc:creator>S Saxon</dc:creator>
		<pubDate>Sun, 29 Nov 2009 02:36:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.365gay.com/?p=10732#comment-78090</guid>
		<description>The LGBT community, by spending huge amounts of money fighting for our rights at the polls, unwittingly legitimizes the idea that our rights should be determined by the majority vote!  It is time to change the strategy! 

 As with the Canadian Charter, the US Constitution protects the minority from the prejudicial will of the majority. Using the popular vote as a means to deny the equal rights of a minority is not Democracy!  It is voter approved bigotry. This “offends the very purpose” of the Constitution.</description>
		<content:encoded><![CDATA[<p>The LGBT community, by spending huge amounts of money fighting for our rights at the polls, unwittingly legitimizes the idea that our rights should be determined by the majority vote!  It is time to change the strategy! </p>
<p> As with the Canadian Charter, the US Constitution protects the minority from the prejudicial will of the majority. Using the popular vote as a means to deny the equal rights of a minority is not Democracy!  It is voter approved bigotry. This “offends the very purpose” of the Constitution.</p>
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		<title>By: keon</title>
		<link>http://www.365gay.com/news/the-state-of-gay-marriage-ny-nj-nh-ore-mich-and-dc/comment-page-1/#comment-76812</link>
		<dc:creator>keon</dc:creator>
		<pubDate>Fri, 13 Nov 2009 00:10:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.365gay.com/?p=10732#comment-76812</guid>
		<description>I agree with Wayne M(nicely said)look forward ,and keep fighting the fight.Bye guys.</description>
		<content:encoded><![CDATA[<p>I agree with Wayne M(nicely said)look forward ,and keep fighting the fight.Bye guys.</p>
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		<title>By: gayactivist101</title>
		<link>http://www.365gay.com/news/the-state-of-gay-marriage-ny-nj-nh-ore-mich-and-dc/comment-page-1/#comment-76714</link>
		<dc:creator>gayactivist101</dc:creator>
		<pubDate>Thu, 12 Nov 2009 09:54:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.365gay.com/?p=10732#comment-76714</guid>
		<description>Marriage is safe in NH - don&#039;t you worry people!!!!

Marriage equality will be in DC next, then WA and NJ.

New York will have SSM in 5 years time when the Senate get there &quot;bigoted hidy-hole act together&quot;!!!!

The 3 states of Maine, Oregon and California will win &quot;marriage equality&quot; back in 2016 I predict!!!!

Both Nevada and Rhode Island will get gay marriage in 2018.

Texas, Alabama and Utah will eventually get gay marriage in 2100!!!</description>
		<content:encoded><![CDATA[<p>Marriage is safe in NH &#8211; don&#8217;t you worry people!!!!</p>
<p>Marriage equality will be in DC next, then WA and NJ.</p>
<p>New York will have SSM in 5 years time when the Senate get there &#8220;bigoted hidy-hole act together&#8221;!!!!</p>
<p>The 3 states of Maine, Oregon and California will win &#8220;marriage equality&#8221; back in 2016 I predict!!!!</p>
<p>Both Nevada and Rhode Island will get gay marriage in 2018.</p>
<p>Texas, Alabama and Utah will eventually get gay marriage in 2100!!!</p>
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		<title>By: DaveW</title>
		<link>http://www.365gay.com/news/the-state-of-gay-marriage-ny-nj-nh-ore-mich-and-dc/comment-page-1/#comment-76710</link>
		<dc:creator>DaveW</dc:creator>
		<pubDate>Thu, 12 Nov 2009 08:34:16 +0000</pubDate>
		<guid isPermaLink="false">http://www.365gay.com/?p=10732#comment-76710</guid>
		<description>Joe Rizzo,  with due respect I cannot agree to your plea to abandon the goal of marriage for what I see as obvious reasons:
1.  some other construct is an insult, by implying our unions are not equal.
2.  As someone else pointed out, too many laws would need to be changed, it won&#039;t happen evenly and we won&#039;t obtain equality under the law even knowing we haven&#039;t obtained equality in society.
3.  MARRIAGE IS NOT RELIGIOUS.  I wish people would stop saying leave marriage to the evil cults.  Marriage is a civil contract governed by the state.  The cults have not always been involved and the christian cult is only involved in modern times, being a modern cult (merely a few thousand years old).  Conceding marriage to them falls into their hands.  The arguments against marriage equality cannot be made if marriage is secular, as it is.  
Giving them marriage is surrendering.
4.  You say giving up marriage would appease the bigots.  Isn&#039;t that why we should not give up?  What if Rosa Parks decided like everyone else in her position that the back of the bus was not so bad?

I will not accept that hets are better than me.  In fact I am far superior as a citizen of the world than the vast majority of them with the way I contribute, build the economy, improve the communities I live in without being a drain on the social net.  I am insulted that simply because of how they copulate they feel better than me even knowing their behaviour is quite abhorrent at times.

Of course gays in general are not better than straights, that would make us guilty of hypocrisy for sure.  I&#039;m just observing that those claiming they have the moral high ground are doing so on a foundation of 50% divorce, beatings, wife as property, child abuse etc and it is quite insulting to be compared unfavorably to a group I  believe is contributing negatively to the human race.

It is religion that has stopped human evolution in the tracks, in fact, and I will not allow them to take something from me that is not theirs.

I appreciate your desire to soften this fight, but I expect you will find very little agreement amongst readers of this site.

Marriage is the only goal I can work towards and be proud of.  I would never do a civil union which by partaking in it you accept 2nd class citizenship.  I think much more highly of my family and fellow GLBT people to concede that.</description>
		<content:encoded><![CDATA[<p>Joe Rizzo,  with due respect I cannot agree to your plea to abandon the goal of marriage for what I see as obvious reasons:<br />
1.  some other construct is an insult, by implying our unions are not equal.<br />
2.  As someone else pointed out, too many laws would need to be changed, it won&#8217;t happen evenly and we won&#8217;t obtain equality under the law even knowing we haven&#8217;t obtained equality in society.<br />
3.  MARRIAGE IS NOT RELIGIOUS.  I wish people would stop saying leave marriage to the evil cults.  Marriage is a civil contract governed by the state.  The cults have not always been involved and the christian cult is only involved in modern times, being a modern cult (merely a few thousand years old).  Conceding marriage to them falls into their hands.  The arguments against marriage equality cannot be made if marriage is secular, as it is.<br />
Giving them marriage is surrendering.<br />
4.  You say giving up marriage would appease the bigots.  Isn&#8217;t that why we should not give up?  What if Rosa Parks decided like everyone else in her position that the back of the bus was not so bad?</p>
<p>I will not accept that hets are better than me.  In fact I am far superior as a citizen of the world than the vast majority of them with the way I contribute, build the economy, improve the communities I live in without being a drain on the social net.  I am insulted that simply because of how they copulate they feel better than me even knowing their behaviour is quite abhorrent at times.</p>
<p>Of course gays in general are not better than straights, that would make us guilty of hypocrisy for sure.  I&#8217;m just observing that those claiming they have the moral high ground are doing so on a foundation of 50% divorce, beatings, wife as property, child abuse etc and it is quite insulting to be compared unfavorably to a group I  believe is contributing negatively to the human race.</p>
<p>It is religion that has stopped human evolution in the tracks, in fact, and I will not allow them to take something from me that is not theirs.</p>
<p>I appreciate your desire to soften this fight, but I expect you will find very little agreement amongst readers of this site.</p>
<p>Marriage is the only goal I can work towards and be proud of.  I would never do a civil union which by partaking in it you accept 2nd class citizenship.  I think much more highly of my family and fellow GLBT people to concede that.</p>
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		<title>By: Patrick Garies</title>
		<link>http://www.365gay.com/news/the-state-of-gay-marriage-ny-nj-nh-ore-mich-and-dc/comment-page-1/#comment-76699</link>
		<dc:creator>Patrick Garies</dc:creator>
		<pubDate>Thu, 12 Nov 2009 06:22:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.365gay.com/?p=10732#comment-76699</guid>
		<description>Rizzo, marriage confers a number of benefits including those related to hospital visitation, immigration, employer/government benefits, inheritance and property transfer, as well as simple social recognition.

Civil unions and domestic partnerships have been demonstrated to not be de facto equal institutions and even enacting/protecting them is a problem because same-sex marriage opponents have either managed to ban institutions similar to marriage or are seeking to do so for fear of full recognition (e.g., see the recent Referendum 71 in Washington State which didn&#039;t involve marriage at all). And notice that none of the marriage opponents came out and fought for this alternative form of recognition because they believe not just in preventing marriage recognition but no rights period.

If there&#039;s going to be a fight either way, then we may as well fight for full equality instead of a second-rate replacement. Of course, there&#039;s nothing preventing one from going for both, but the ultimate goal is full equality.</description>
		<content:encoded><![CDATA[<p>Rizzo, marriage confers a number of benefits including those related to hospital visitation, immigration, employer/government benefits, inheritance and property transfer, as well as simple social recognition.</p>
<p>Civil unions and domestic partnerships have been demonstrated to not be de facto equal institutions and even enacting/protecting them is a problem because same-sex marriage opponents have either managed to ban institutions similar to marriage or are seeking to do so for fear of full recognition (e.g., see the recent Referendum 71 in Washington State which didn&#8217;t involve marriage at all). And notice that none of the marriage opponents came out and fought for this alternative form of recognition because they believe not just in preventing marriage recognition but no rights period.</p>
<p>If there&#8217;s going to be a fight either way, then we may as well fight for full equality instead of a second-rate replacement. Of course, there&#8217;s nothing preventing one from going for both, but the ultimate goal is full equality.</p>
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		<title>By: GayIthacan</title>
		<link>http://www.365gay.com/news/the-state-of-gay-marriage-ny-nj-nh-ore-mich-and-dc/comment-page-1/#comment-76691</link>
		<dc:creator>GayIthacan</dc:creator>
		<pubDate>Thu, 12 Nov 2009 03:30:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.365gay.com/?p=10732#comment-76691</guid>
		<description>New Hampshire requires 60% of both the legislature AND popular vote to amend the state constitution.

Simple majorities do NOT cut it.

Marriage isn&#039;t going anywhere in NH!!</description>
		<content:encoded><![CDATA[<p>New Hampshire requires 60% of both the legislature AND popular vote to amend the state constitution.</p>
<p>Simple majorities do NOT cut it.</p>
<p>Marriage isn&#8217;t going anywhere in NH!!</p>
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		<title>By: Joseph Rizzo</title>
		<link>http://www.365gay.com/news/the-state-of-gay-marriage-ny-nj-nh-ore-mich-and-dc/comment-page-1/#comment-76687</link>
		<dc:creator>Joseph Rizzo</dc:creator>
		<pubDate>Thu, 12 Nov 2009 02:29:19 +0000</pubDate>
		<guid isPermaLink="false">http://www.365gay.com/?p=10732#comment-76687</guid>
		<description>I am a 77 year old gay man.  From the start I have believed that we are fighting the wrong fight.  What&#039;s so great about marriage?  The centuries of marriage history have basically been a history of exploitation and oppression of women, barely an institution offering equality.  Gays and others should fight for equal rights on the basis of domestic partnership.  I don&#039;t think we&#039;d strike so many bigots buttons with this approach.  Let heterosexuals and priests have their marriage; let us have human dignity and true union, without the mumbo-jumbo of oppressive religious institutions.</description>
		<content:encoded><![CDATA[<p>I am a 77 year old gay man.  From the start I have believed that we are fighting the wrong fight.  What&#8217;s so great about marriage?  The centuries of marriage history have basically been a history of exploitation and oppression of women, barely an institution offering equality.  Gays and others should fight for equal rights on the basis of domestic partnership.  I don&#8217;t think we&#8217;d strike so many bigots buttons with this approach.  Let heterosexuals and priests have their marriage; let us have human dignity and true union, without the mumbo-jumbo of oppressive religious institutions.</p>
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		<title>By: Elloreigh</title>
		<link>http://www.365gay.com/news/the-state-of-gay-marriage-ny-nj-nh-ore-mich-and-dc/comment-page-1/#comment-76680</link>
		<dc:creator>Elloreigh</dc:creator>
		<pubDate>Thu, 12 Nov 2009 00:14:10 +0000</pubDate>
		<guid isPermaLink="false">http://www.365gay.com/?p=10732#comment-76680</guid>
		<description>Can&#039;t really speak to the prospects anywhere else, but people in Michigan should not get their hopes up. A repeal of our state&#039;s amendment isn&#039;t going to happen anytime soon - not without changing the makeup of our senate. Plus we have the election of a new governor coming up, and it&#039;s not the least bit inconceivable that the state will elect an anti-gay republican, like Cox (the state&#039;s current attorney general).

Marriage equality probably isn&#039;t going to happen in Michigan for decades.  I&#039;m honestly not expecting it to happen in my lifetime.</description>
		<content:encoded><![CDATA[<p>Can&#8217;t really speak to the prospects anywhere else, but people in Michigan should not get their hopes up. A repeal of our state&#8217;s amendment isn&#8217;t going to happen anytime soon &#8211; not without changing the makeup of our senate. Plus we have the election of a new governor coming up, and it&#8217;s not the least bit inconceivable that the state will elect an anti-gay republican, like Cox (the state&#8217;s current attorney general).</p>
<p>Marriage equality probably isn&#8217;t going to happen in Michigan for decades.  I&#8217;m honestly not expecting it to happen in my lifetime.</p>
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		<title>By: Wayne M.</title>
		<link>http://www.365gay.com/news/the-state-of-gay-marriage-ny-nj-nh-ore-mich-and-dc/comment-page-1/#comment-76647</link>
		<dc:creator>Wayne M.</dc:creator>
		<pubDate>Wed, 11 Nov 2009 19:31:20 +0000</pubDate>
		<guid isPermaLink="false">http://www.365gay.com/?p=10732#comment-76647</guid>
		<description>Let&#039;s get this clear.  The struggle for equality for any group takes a long period of time.  Consider how African Americans struggled for over 140 years after the abolition of slavery before  having a chance of electing one of their community to the Presidency-- and they still face discrimination in much of America (including Canada).

The key to victory is to never give up, but redouble our efforts to win in this struggle.  &quot;KEEP OUR EYES ON THE PRIZE AND HOLD ON!&quot;</description>
		<content:encoded><![CDATA[<p>Let&#8217;s get this clear.  The struggle for equality for any group takes a long period of time.  Consider how African Americans struggled for over 140 years after the abolition of slavery before  having a chance of electing one of their community to the Presidency&#8211; and they still face discrimination in much of America (including Canada).</p>
<p>The key to victory is to never give up, but redouble our efforts to win in this struggle.  &#8220;KEEP OUR EYES ON THE PRIZE AND HOLD ON!&#8221;</p>
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