August 13, 2004
Serving the Carolinas’ Gay & Lesbian Communities Since 1979
Volume 25. Number 17
Opinion: Feminism Shouldn’t be Oyer, p.10
Local: HRC Dinner Moves to Charlotte, pA
Stunning
Victory 1ft
Seattle
By Ann Rostow
Contributing Writer
Our national news column this week was to
lead off with the depressing information that
tne Show” ivi6 State installed a ban against
same-sex marriage in their constitution by
more man a two-to-one
margin. But no sooner
had the account of that
vote been penned, then
we learned of the remark
able and near-historic
decision out of King
County, Washington,"
where Judge William L.
uowrung not only ruiea in ravor or eignt
same-sex couples seeking the right to many, -
but where he did so in a beautifully-written
opinion that fairly sings.
"This author/' wrote Downing in an
acknowledgement of the difficulty of the
issues at stake, "would like nothing better
than to stop at this point and, with a warm
and sincere pat on the back, to send all parties
off to the State Supreme Court or the State leg
islature or both. Regrettably or not," he went
on, "such an abdication of responsibility is not
an option."
Downing then tackled the central issue that
so many courts, both for us and against us,
have managed to sidestep. Do same-sex cou
ples have a "fundamental" right to marry?
In legal terms, a "fundamental" right can
not be breached by the state without a com
pelling reason. But although marriage has
-long been considered a fundamental right
ringed by this aura of protection, our right has
been defined not as the profound "right to
marry," but as the ludicrous "right to marry a
same-sex partner." Thus modified, courts
have been able to avoid the question or sim
ply scoff at the idea of putting same-sex cou
ples on par with, say, interracial couples. Not
Downing however.
There was no fundamental right to interra
cial marriage when the High Court consid
ered that question in 1967, wrote Downing,
"yet the Court analyzed the issue... in terms
of the broad right to marry and found that
right to have been infringed." There was no
fundamental right for deadbeat dads to
marry, yet when the High Court considered
continued on pago 8
News
with a
View
Marriage Win in Washington
By Bob Roehr
Contributing Writer
A state court in Seattle struck
down as unconstitutional
Washington State's defense of mar
riage act that restricted marriage to
a man and a woman. The August 4
ruling will be stayed pending
appeal to the state supreme court.
King County Superior Court
Judge William L. Downing outlined
the role of the courts in reviewing
legislation; the legal principles
behind the few cases on marriage
that the US Supreme Court has
decided; and just about every major
argument opponent? have raised in
objecting to same-sex marriage.
The opinion was remarkable in
its clarity in explaining the legal
process and the rationale for his
decision in tenns understandable to
the average citizen.
"When the court is asked to sit in
judgment of a law, it is not to con
sider whether, in its view, the law is
wise or consistent with sound poli
cy...but to apply a consistent, princi
pled and reasoned analysis in eval
uating the statute's constitutionali
ty," he wrote.
Attorney Jennifer Pi2e.'S??aks t0 reporters Wednesday, Aug. 4, 2004,
during a news conference in Seattle, following !.h? decision by a King
Bounty Superior Court regarding gay marriage. Ap photo/steve She|ton
"Through this brilliant design,
the constitutions empower the
courts to ensure both that no group
is singled out for special privileges
and also that no minority is
deprived of rights to which its
members should be entitled. At the
same time, respect for democratic
lawmaking is maintained."
Downing asked, "Should the
Court focus on the broad right to
marry or should it, instead, focus on
the more narrowly drawn right to
marry someone of the same sex?"
He turned to the key "right to
continued on page 11
HRC Moves to Add Trans to ENDA
By Bob Roehr
Contributing Writer
The Human Rights Campaign
(HRC) has decided to support
including protection for transgen
der persons in draft language of the
Employment Non-Discrimination
Act (ENDA) at the August 7 meet
ing of their board of directors.
Trans activists have worked for
inclusion in ENDA from the time it
was first introduced in 1994 but
HRC has resisted for reasons of
political strategy. Many felt that
opposition from Massachusetts
Democrats Sen. Ted Kennedy and
Rep. Barney Frank's had been the
key factor.
HRC adopted a resolution stating
it "will only support ENDA if it is
inclusive of sexual orientation and
gender identity expression." No
action is expected in this Congress
but it will affect the bill when it is
reintroduce next year.
"Passage of ENDA is a brass ring
for our community and we're mak
ing it clear that it must have the
strongest teeth possible to protect
everyone," said board cochair Tun
Boggs.
"It was ten years and nine days
ago, 29 July 1994, that Karen Kerin
and I sat in the Senate hearing room
as guests of Sen. Jim Jeffords (then
R-Vermont) for a committee meet
ing chaired by Ted Kennedy at
which the current, non-tg-inclusive
ENDA was first introduced,"
Houston trans activist Phyllis
Randolph Frye wrote in a widely
distributed e-mail.
"On that day, Karen and I were
both prevented from testifying for
tg inclusion by Kennedy's staff.
After the hearing, Karen and I met
with lots of people in the know, ask
ing why tg folks were omitted. The
answer was always, always, always
HRC. And so die struggle with
HRC began."
"And now, ten years and nine
days later, THAT struggle ends.
When HRC says it is LGBT inclu
sive, it truly is]" Frye wrote.
"This is an historic day for the
transgender movement," said Mara
Keisling, executive director of the
National Center for Transgender
Equality.
"The LGBT community's most
connected organization in Congress
has finally embraced transgender
rights equality with those of les
bian, gay, and bisexual rights. We
are confident that Congress will
hear this message."
She was among those who met
with the HRC board to discuss the
matter. In a background paper pre
pared for that meeting, Keisling
explained, "A primary strategy
now is showing allies in Congress
that the LGBT community is abso
lutely united behind our inclusion."
The National Gay & Lesbian Task
Force adopted such a policy in
January 1995 and eventually ten
other national community organi
zations joined them. HRC was the
last major hold-out
NC Gay & Lesbian Film Festival: www.carolinatheatre.org/ncslffff