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The Michigan Messenger reports that The Thomas More Law Center has filed a lawsuit against the federal government on behalf of "Gary Glenn, president of the American Family Association – Michigan; Levon Yuille, pastor of The Bible Church in Ypsilanti, Michigan; René B. Ouellette, pastor of the First Baptist Church in Bridgeport, Michigan; and James Combs, pastor of four different churches in the state" against the recently-passed federal hate crimes act, also known as the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act.
The plaintiffs charge that, among other things, "the Hate Crimes Act has the purpose and effect of deterring, inhibiting,
and chilling the exercise of fundamental rights by persons, including
Plaintiffs, who publicly oppose homosexual activism, the homosexual
lifestyle, and the homosexual agenda, which seeks to normalize
intrinsically disordered sexual behavior that is contrary to the moral
law and harmful to the common good of society. Supporters of the
homosexual agenda seek to demonize, vilify, and criminalize deeply held
religious beliefs that are in opposition to their agenda."
According to Ed Brayton of the Messenger, "it would be unlikely to survive a motion to dismiss and very, very unlikely to survive a motion for summary judgment" because "The complaint seems to base its standing argument solely on the fact that some people have argued that there should be legal limits on anti-gay rhetoric, not on whether the text of the law itself actually imposes such limits."
The Thomas More Law Center was founded by Domino's Pizza founder Thomas Monaghan and Kevorkian prosecutor Richard Thompson. Rick Santorum and Alan Keyes are among those who have sat on its board.
Here's the complaint in full (PDF).
Posted 9:12 AM EST by Andy Towle in Crime, Matthew Shepard, Michigan, News | Permalink
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Madonna manager Guy Oseary is "in the lead" to take over as judge on American Idol when Simon Cowell leaves, Gatecrasher reports:
"'Guy has been in the music business since Madonna discovered him when he was 17, and he has a lot of the same experience as Simon,' says a Fox insider. The snitch adds that while Jamie Foxx and Tommy Mottola have been mentioned as the snarky Brit's successor, Oseary is in the lead. 'His competition just can't live up to his level of experience," says the source, "and the people behind the show are slowly starting to realize it.'
Foxx himself publicly denied rumors that he'd replace Cowell, saying he's too busy and didn't think he could 'fill Simon's shoes.' As for Mottola, we hear 'Idol' honchos are nervous that the music exec would be a turnoff for fans. 'People really only know him as Mariah Carey's big bad ex,' says the spy. 'And producers are worried he'll even be harsher on contestants than Simon was.'"
Oseary isn't the only member of the Madonna posse to be interested in filling Cowell's shoes. In late January, Madonna sibling Christopher Ciccone announced he was available, should producers be interested.
And last week, Howard Stern was reported to be in talks.
Tonight, Ellen DeGeneres begins her stint as an Idol judge as the show moves to Hollywood.
Posted 8:44 AM EST by Andy Towle in American Idol, Guy Oseary, News, Simon Cowell | Permalink
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New York Senator Chuck Schumer has nominated National Director of the Civil Rights Division of the Anti-Defamation League, attorney Daniel Alter, to serve as a judge in the Southern District federal court:
"Mr. Alter is a history-making pick, as he is the first openly gay male nominated for the federal court in American history. Schumer laid out several reasons Alter would make an excellent fit for the job. Schumer said that Alter’s stellar legal background, close ties to New York, even-handedness, temperament and demonstrated leadership skills would make him an excellent choice for the Southern District Court. Schumer also said that he is highly capable and very qualified for the position...Alter is not only a legal expert in terrorism and security; he is a strong advocate for civil rights. As the National Director of the Civil Rights Division of the Anti-Defamation League, Daniel led the ADL’s charge against hate crimes, both at home and abroad."
Said Schumer: “Daniel Alter couldn’t be a more perfect choice. He is a brilliant attorney who possesses the knowledge, balanced views and temperament required of a federal judge. His outstanding leadership skills, his commitment to justice, and his extensive experience make him an exceptional choice for a position on the federal bench. I’m proud to nominate Daniel Alter. Period. But I am equally proud to nominate him because he is a history-maker who will be the first openly gay male judge in American history.”
DC Agenda reports: "His appointment is subject to Senate confirmation. For judicial nominations, presidents traditionally abide by the recommendations made by the senior senator from the state where there’s a vacancy, which in the case of New York is Schumer.
Posted 8:20 AM EST by Andy Towle in Charles Schumer, Daniel Alter, New York, News | Permalink
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On Sunday, the SF Chronicle "outed" Prop 8 trial Judge Vaughn Walker (at least, was the first mainstream media to do so — it was an "open secret" as they said). In the article, it was predicted that Walker would be attacked for having bias in the case.
So, predictably, the National Organization for Marriage has come completely unhinged. Writes Brian Brown in NOM's typically paranoid and victimized fashion:
We have no idea whether the report is true or not. But we do know one really big important fact about Judge Walker: He’s been an amazingly biased and one-sided force throughout this trial, far more akin to an activist than a neutral referee. That’s no secret at all.
Protect Marriage, the defendants in this case are effectively being held hostage by Judge Walker and cannot really comment.
...
Walker has presided over a show trial designed to generate sympathetic headlines and news coverage for gay marriage supporters. Witness after witness was allowed to testify about their “expert” opinion that homosexuals have been discriminated against, that they feel badly when society does not validate their relationships, and that the passage of Prop 8 was simply an echo of historic prejudice and bigotry foisted on society by religious zealots.
...
Judge Walker’s bias has been so extreme, he’s earned a rare judicial “twofer.” Key elements of his “fishing expedition” rulings were already reversed by the Ninth Circuit Court of Appeals (notably one of the most liberal in the nation) and the Supreme Court had to step in to block his illegal attempt to broadcast the trial.
It is highly unusual for a higher court to have to intercede in a trial judge’s handling of a trial while it is going on — yet Walker has had that “distinction” twice in the same case — and we’re not yet even at closing arguments.
There’s only one saving grace to Judge Walker’s bias. It’s so big, and so obvious, not only the American public but the Supreme Court itself is already aware we have bias in the trial judge presiding.
Karen Ocamb at LGBT POV handily takes apart Brown's arguments.
The SF Chronicle came out today in defense of Walker's impartiality:
Today, at age 65, Judge Walker is presiding over the challenge to Proposition 8, which may well determine how quickly gays and lesbians achieve full marriage equality in this country. We now know what Walker never bothered to reveal when he was being castigated as anti-gay: He is gay, which changes neither his legal history nor his fitness for this assignment.
A judge's sexual orientation does not inherently shade his ability to read and interpret the U.S. Constitution with clear-eyed wisdom. Assuming this case advances on appeal, no matter how Walker rules, there almost certainly will be jurists who will need to set aside their religion's teachings - and, quite likely, the impact of their ruling on close friends or even a family member - as they do their utmost to uphold the meaning of the Constitution.
Walker did not think his private life was relevant to his ability to preside with fairness in the Prop. 8 trial. There is nothing in his long and laudable career to suggest otherwise.
And Chronicle columnist Debra Saunders asks, "Does Walker have a conflict?"
Until Sunday, it seemed inevitable that however Walker ruled, the losing side would bring up his sexual orientation. If he overturned the measure, losers would hit the conservative media to argue that with a gay judge presiding, the fix was in from the start. If Walker upheld the measure, angry gay activists would denounce him as a self-loathing turncoat.
Now, whatever Walker decides, the public can't complain that he had a sub rosa agenda.
Walker is not a predictable man. As a private attorney, he tangled with San Francisco's Gay Olympics to protect the U.S. Olympic Committee's brand name. Appointed to the bench by President George H.W. Bush, Walker's libertarian streak has led him to advocate legalizing drugs.
But I still wonder if he should have recused himself from this case.
There are strong reasons not to. After all, at The Chronicle, gay reporters can and do cover gay issues with the advantage of personal insight. Some might claim that they are biased, but it's not as if there is a neutral identity - straight? white? male? - that is free from bias.
And where does it end? Should a Mormon judge have to recuse himself? A devout Catholic?
A lawyer friend explained to me that a federal judge constantly has to preside over cases argued by former associates and friends, yet the expectation of impartiality remains. To recuse oneself because of broad identity issues, this lawyer argued, would be to admit to being influenced by extra-legal considerations.
I've got a bad feeling we'll never hear the end of this.
Posted 8:08 AM EST by Andy Towle in California, Federal Prop 8 Trial, Gay Marriage, News, Proposition 8, Vaughn Walker | Permalink
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The Facebook page I posted about last week calling on Saturday Night Live to ask Betty White to guest host is surging to break the 100,000 fan barrier.
Posted 8:06 AM EST by Andy Towle in Betty White, News, SNL | Permalink
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Activists in Rhode Island say they have been assured support of marriage equality from Democratic gubernatorial candidates running for departing anti-gay Governor Donald Carcieri's office, the AP reports:
"Attorney General Patrick Lynch and General Treasurer Frank Caprio, the Democrats, and [Lincoln] Chafee have been invited to make their promise public at a Statehouse rally scheduled for March 3, said Kathy Kushnir, executive director of Marriage Equality Rhode Island.
Republican John Robitaille has not responded to an invitation from Marriage Equality, and he did not return a call from The Associated Press seeking comment. Robitaille opposes gay marriage but has said he could support domestic partnerships.
Although the three candidates previously have said they support gay marriage, the pledges come as gay rights activists hope to capitalize on the departure of Republican Gov. Don Carcieri, a staunch social conservative who opposes such unions. State law requires him to leave office after finishing his second term early next year."
Late last year, Carcieri vetoed a bill that would have given funeral rights to the domestic partners of gays and lesbians. Rhode Island lawmakers overrode the veto.
Carcieri, who is a strong supporter of the National Organization for Marriage (NOM), also told a crowd of more than 300 at a fundraiser for the anti-gay group Massachusetts Family Institute that marriage is "not a civil right". Said the governor: "It is a not civil right. I get aggravated when it is portrayed that way. Marriage is a license by the state. It is about a state’s responsibility, which is the reason why states don’t allow a lot of types of marriages."
Posted 7:07 PM EST by Andy Towle in Gay Marriage, News, Rhode Island | Permalink
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