“NewsWrap" for the week ending November 8, 2008 (As broadcast on "This Way Out" program #1,076, distributed 11-10-08) [Written by Greg Gordon, with thanks to Rex Wockner with Bill Kelley] Reported this week by RickWatts and Christopher Gaal The estimated 3 in 4 LGBT people who voted for Barack Obama celebrated his historic U.S. presidential victory with much of the rest of the country on November 4th. But cheers were mixed with tears as measures to deny civil marriage rights to gay and lesbian couples passed in Arizona, California, and Florida. Voters in Arkansas also approved a measure banning same-gender couples from becoming foster or adoptive parents. But a record number of openly-LGBT candidates were elected to public office in several states, and a high-profile equal rights opponent in the U.S. Congress lost her reelection bid. Connecticut voters rejected a measure to hold a Constitutional Convention, which they automatically consider every 20 years. The state has no initiative process, and groups critical of the Connecticut Supreme Court’s October marriage equality ruling had hoped to have one approved at a Constitutional Convention, and then use a ballot initiative to overturn the high court ruling, just as opponents in California were able to do. The most closely watched state ballot measure was in California. Voters there, by a 52 to 48 percent margin, approved Proposition 8, making California the first state to rescind existing civil marriage rights for gay and lesbian couples. The state Supreme Court ordered those rights in May, and an estimated 18,000 same-gender couples have married in California since then. The language of Proposition 8 constitutionally defines marriage as exclusively between one man and one woman, but was not specifically retroactive. State Attorney General Jerry Brown said, however, that he would defend in court, if necessary, the marriages of lesbian and gay couples who’ve wed in California since the high court ruling and before Proposition 8’s passage. At least three lawsuits have been filed with the California Supreme Court challenging the validity of Proposition 8. Language in the state constitution differentiates between “revisions” and “amendments” to the document. Amendments can be added by a simple statewide majority vote, but revisions considered to be moree sweeping changes require two-thirds approval by the state legislaature before even going to the voters. The constitution, however, doesn’t specifically define the difference. Attorneys for the cities of San Francisco and Los Angeles, and for Santa Clara County have filed suit, as have three LGBT groups that won the historic state high court ruling, and Gloria Allred, representing Robin Tyler and Diane Olson, one of the state’s first same-gender couples to legally marry. They’re all essentially arguing that passage of Proposition 8 violates the California constitution’s fundamental equal protection guarantees, and is therefore a revision and not an amendment. Glen Lavy, an attorney for the Yes on 8 campaign, called the lawsuits "frivolous" and "a brazen attempt to gut the democratic process." The high court has not yet indicated if or when it will consider the legal challenges. Thousands of gays and lesbians and their supporters have hit the streets across the state since the night following the elections to protest the passage of Proposition 8 in numbers not seen in LGBT political demonstrations for many years. A crowd of more than two thousand held a candlelight vigil on the steps of San Francisco City Hall on November 5th, ground zero for the marriage equality battle that began in 2004 when licenses were first issued to same-gender couples though they were subsequently ruledd invalid the following year. According to some estimates, up to 10,000 people protested mostly peacefully the same night in West Hollywood. But things deteeriorated when demonstrators marched northeastward and into Hollywood, which is patrolled by the Los Angeles Police Department. They called a tactical alert, which critics said was an overreaction. At least four people were arrested for disturbing the peace, and one of them for battery on a police officer. But on-scene video showed one demonstrator being attacked by police officers after he’d already been restrained on the ground. Thousands of people gathered outside the Mormon temple complex in West Los Angeles the next day to protest the Church’s strong support of Proposition 8. Depending on estimates, anywhere from 48 to 73 percent of the millions of dollars raised for the Yes On 8 campaign came from Mormons in several states, who were urged by Church leaders to donate money and be foot soldiers in support of the marriage ban. While significant funding for the Yes campaign also came from the rabidly anti-gay Colorado-based Focus on the Family and the Connecticut-based Roman Catholic Church fraternal group Knights of Columbus, the huge Mormon Church temple in West Los Angeles was a convenient target for activists’ anger. Protestors tied up rush hour traffic for several hours on the city’s busy Westside. There were a few confrontations between activists and Church members, but the demonstrations were generally peaceful. During an interview with “Fox News,” however, Tony Perkins of the rightwing Family Research Council condemned the protests as “anti-family rioting.” Chanting “Yes We Can,” an estimated 2 thousand people protested the passage of Proposition 8 outside Mormon Church headquarters in Salt Lake City, Utah on November 7th. A handful of demonstrators were arrested during large protests the same night south of Los Angeles in the city of Long Beach. More protests were planned in the days to follow in several other California cities, including the Silver Lake area of Los Angeles, Santa Barbara, Palm Springs, Laguna Beach, San Diego, and Sacramento. Marriage ban protests are also planned in Phoenix, Arizona in the coming week. Voters in that state also constitutionally banned same-gender marriage on November 4th. They’d rejected a similar measure two years ago, but that proposal would also have banned domestic partnerships and civil unions. The more narrowly focused Proposition 102 targeted only same-gender marriage, and passed easily. Opponents, who were outspent by a nearly 14-to-1 margin, argued that the measure was unnecessary because state law already prohibited same-gender marriage, and charged that Mormon Church members from other states also provided major financial support for the Arizona amendment. Groups on both sides of the constitutional marriage ban in Florida spent more than 5 million dollars on TV advertising and other campaigning. Opponents had hoped the broad language of the measure, which could also ban domestic partnerships and civil unions and the fact that it reqquired a 60 percent super majority to pass would work in their favoor. But more than 62 percent in Florida voted for Amendment 2. The Yes 2 Marriage campaign was bankrolled by the religious right, including Florida Family Action, the Florida Catholic Conference and the Florida Baptist Convention. 30 U.S. states now constitutionally ban same-gender marriage. Voters in Arkansas approved Act 1, a measure to ban unmarried couples from being adoptive or foster parents. More than 56 percent supported the ban, which its supporters admitted specifically targeted same-gender couples, who can’t legally marry in the state. Opponents argued that its passage would make it harder for the state to find the foster parents it needs to take care of children. But the measure's sponsor, the Arkansas Family Council, said it was a battle against what they called a "gay agenda." But several LGBT candidates were elected to a wide variety of posts on November 4th. Jared Polis handily won his Colorado district race to become the third openly gay or lesbian member of Congress. Representatives Barney Frank of Massachusetts and Tammy Baldwin of Wisconsin easily won re-election. Kate Brown became the highest-ranking statewide official in the United States with her election as Oregon Secretary of State. Lupe Valdez was re-elected as Sheriff in Dallas County, Texas. Scott Brown joins the Massachusetts State Senate, and Nicole LeFavor won election to the Idaho State Senate. Jason Bartlett was re-elected to the Connecticut State Assembly, and former San Francisco Supervisor Tom Ammiano joins new lawmaker John Perez in the California State Assembly. Veteran Mike Lawlor won a twelfth term to the Connecticut House of Representatives, Matt Titone won a second term to the New York State Assembly, Jim Splaine won another term in the New Hampshire House, and both Jackie Biskupski and Christine Johnson were re-elected to the Utah House of Representatives. Wins by non-gay but supportive U.S. Senate and House candidates may also further the LGBT struggle for equality. Democrat Jeff Merkley, who as a state legislator sponsored a domestic partnership measure in Oregon, defeated moderate Republican Senator Gordon Smith, becoming the first candidate in 40 years in the state to unseat an incumbent U.S. Senator. In Colorado, Democratic challenger Betsy Markey defeated the incumbent rightwing Republican sponsor of the so-called Federal Marriage Amendment in the U.S. Congress, Marilyn Musgrave. Republicans lost House and Senate seats across the country. That gives Democrats stronger control of Congress though not a guarantee of easy passage of pro-LGBT legislation in addition to the Democraticc presidency of a generally supportive Barack Obama. Three important LGBT bills currently before Congress - the Matthew Shepard Hate Crime Act, the Employment Non-Discrimination Act, and repeal of Don’t Ask, Don’t Tell will almost certainly go nowhere in the current sessiion, leaving it up to the next Congress to take them up. Repeal of the federal Defense of Marriage Act or at least parts of it may also be considered in the new Congressional session. And finally, with the election of Colorado’s Jared Polis, Barney Frank of Massachusetts says he now won’t feel as much pressure to be a role model as the only openly gay man in Congress. He admitted that he plans to smoke cigars in public again. “I can start indulging some bad habits,” he said. “Let the young gay people find someone else to emulate.” Instant access to the latest & most popular FREE games while you browse with the Games Toolbar - Download Now!