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