Gay-Marriage Fight Heads to New Jersey

By KEITH J. WINSTEIN

Wall Street Journal

The battle over gay rights will move to New Jersey and the federal government, advocates said, after Tuesday's narrow rejection of same-sex marriage by Maine voters in a hard-fought contest.

The Democrat-controlled legislature in New Jersey, which currently recognizes same-sex couples in civil unions, is under pressure to pass a bill authorizing gay marriage before Gov. Jon Corzine ends his term in mid-January.

See a state-by-state breakdown of same-sex marriage laws.

Mr. Corzine, a Democrat unseated in Tuesday's election, said he would sign such a bill. His successor, Republican Chris Christie, opposes same-sex marriages.

"New Jersey is at the very top of our list, and it's going to happen in the next few weeks if it happens at all," said Maggie Gallagher, the president of the National Organization for Marriage, which opposes same-sex marriages. "They're doing it in a lame duck, because it's as far away from an election as possible."

Gay-marriage advocates have resisted "civil union" licenses, saying the separate term is demeaning and the status isn't honored by many employers.

Some gay-rights advocates said, their priorities have shifted away from the ballot box and toward nonmarital issues.

Thursday, a U.S. Senate committee held a hearing on a bill that would prevent businesses from discriminating against employees on the basis of sexual orientation or "gender-related" mannerisms. Thomas Perez, an assistant attorney general, called the bill, known as the Employment Non-Discrimination Act, "a top legislative priority for the Obama administration."

"That's really an essential protection that we need on the national level," said Leslie Gabel-Brett, the director of education and public affairs for Lambda Legal, a gay-rights group. About 20 states currently grant such protection to gays.

Ms. Gabel-Brett said her group's priorities also focused on ending the U.S. military's "don't ask, don't tell" policy toward homosexuals, and on repealing the 1996 Defense of Marriage Act, which defines marriage as a male-female couple for federal purposes, such as filing taxes.

Neither gay-rights activists nor their opposition said they expected imminent attempts to repeal same-sex marriage in the four states that currently grant it -- Massachusetts, Iowa, Connecticut and Vermont -- or in New Hampshire, which will begin granting such marriages in January.

Ms. Gallagher said her organization remained committed to attempts to repeal same-sex marriage in New Hampshire and Iowa by electing new legislatures to repeal the laws. Unlike in Maine, residents of those states can't repeal laws or amend their constitutions without action by the state legislature.

The defeat for same-sex marriage in Maine, by a 53%-47% vote, was a tough loss for advocates of same-sex marriage. It marked the 31st time a plebiscite of state voters has rejected same-sex marriage in the U.S. Activists had hoped it would gain momentum for their movement.

Meanwhile, efforts to provide marriage-like rights to same-sex couples have continued to advance. Tuesday, Washington state voters approved an expanded "domestic partnership" registry giving same-sex couples the same rights as marriage. Wednesday, the Wisconsin Supreme Court let stand a decision upholding that state's new domestic-partnership status for same-sex couples.

"Every civil-rights movement has setbacks," Ms. Gabel-Brett said. "It's tempting to feel like the public debate is going in the wrong direction, but that's really not the case. We now have five states where same-sex couples can marry. Six years ago, we had none."

Gay-marriage foes claim victory in Maine

By GLENN ADAMS and DAVID CRARY (AP)

PORTLAND, Maine

Gay-marriage opponents are claiming victory in a closely watched referendum in Maine on a new state law that would have allowed same-sex couples to wed.

The law in question was passed by the Legislature in May but never took effect because of a petition drive by conservatives.

With more than 84 percent of precincts reporting Tuesday, the side seeking to repeal the law had 53 percent of the vote. Their campaign organizer, Frank Schubert, claimed victory and declared that Maine voters had helped preserve the institution of marriage.

Gay-marriage supporters refused to concede, holding out hope that that the tide might turn as the final returns came in. They had been hoping Maine would become the first state to approve same-sex marriage at the ballot box.

Gay marriage appeared in danger in Maine in a closely watched referendum Tuesday that the nation's gay rights movement had hoped would yield a breakthrough victory at the ballot box.

Voters were asked to decide whether to repeal or affirm a state law that would allow gay couples to wed. The law was passed by the Legislature in May but never took effect because of a petition drive by conservatives.

With 481 of 608 precincts reporting, the pro-repeal side had 52 percent to 48 percent for gay-marriage's supporters.

A vote to uphold the law would mark the first time that the electorate in any state endorsed gay marriage. That could energize activists nationwide and blunt conservative claims that same-sex marriage is being foisted on states by judges or lawmakers over the will of the public.

However, repeal — in New England, the region of the country most supportive of gay couples — would be another heartbreaking defeat for the marriage-equality movement, following the vote against gay marriage in California a year ago.

It would also mark the first time voters had torpedoed a gay-marriage law enacted by a legislature. When Californians rejected same-sex marriage, it was in response to a court ruling, not legislation.

Maine's secretary of state, Matthew Dunlap, said turnout seemed higher than expected for an off-year election and voter interest appeared intense. Even before Tuesday, more than 100,000 people — out of about 1 million registered voters — had voted by absentee ballot or early voting.

Frank Schubert, organizer for the campaign to repeal gay marriage, said a victory by his side would be a "backbreaking loss" for gay-rights activists, given the heavy mobilization and fundraising efforts put into their campaign.

Jesse Connolly, manager for the pro-gay marriage campaign, said the results bore out his prediction of a "razor thin" election.

"At the end of the day we're going to see a positive result," he said late Tuesday. "We might not see that tonight. It might be tomorrow."

Five other states have legalized gay marriage — Iowa, Massachusetts, Vermont, New Hampshire and Connecticut — but all did so through legislation or court rulings, not by popular vote. In contrast, constitutional amendments banning gay marriage have been approved in all 30 states where they have been on the ballot.

"If we don't win, then Maine will have its place in infamy because no state has ever voted for homosexual marriage," said Chuck Schott of Portland, who stood near a polling place in Maine's biggest city with a pro-repeal campaign sign.

Another Portland resident, Sarah Holman said she was "very torn" but decided — despite her conservative upbringing — to vote in favor of letting gays marry.

"They love and they have the right to love. And we can't tell somebody how to love," said Holman, 26.

Hundreds of gay-marriage supporters gathered in a Portland hotel ballroom in the evening to await the results. On display was a three-tiered wedding cake topped with two grooms on one side, two brides on the other, and the words "We All Do."

In addition to reaching out to young people who flocked to the polls for President Barack Obama a year ago, gay-marriage defenders tried to appeal to Maine voters' independent streak — a Yankee spirit of fairness and live-and-let-live.

The other side based many of its campaign ads on claims — disputed by state officials — that the new law would mean "homosexual marriage" would be taught in public schools.

Both sides in Maine drew volunteers and contributions from out of state, but the money edge went to the campaign in defense of gay marriage, Protect Maine Equality. It raised $4 million, compared with $2.5 million for Stand for Marriage Maine.

Elsewhere on Tuesday, voters in Washington state decided whether to uphold or overturn a recently expanded domestic partnership law that entitles same-sex couples to the same state-granted rights as heterosexual married couples. And in Kalamazoo, Mich., voters approved a measure that bars discrimination based on sexual orientation.

David Crary reported from New York.

Copyright © 2009 The Associated Press. All rights reserved.

Gay Christians in Australia: A Perspective

By MichaelAnthony, 24th September, 2009

www.samesame.com.au

The results are in from the Gay Census and we’re taking a long, hard look at religion. It’s not surprising, given religion’s history of gay persecution, that we’re a little wary of the whole thing. They always told us it was Adam and Eve, not Adam and Steve, but is the Bible about to change?

If you thought religion an unlikely pastime for gays and lesbians, you would be correct. The majority of respondents (59% of gay men and 61% of gay women) to the Australian Gay and Lesbian Census indicated they are not a member of any organised religion.

Of those who responded that they were members of a religion, the Census found that 28% of gay men and 22% of lesbians are Christian, a figure much lower than that of the general population. The 2006 Australian Census found that 58% of the general population aged 15 to 44 are Christian.

Anthony Venn-Brown, author of A Life of Unlearning and convenor of Freedom 2 b[e] (a network of gay Christians from Pentecostal and Evangelical backgrounds) who attends the Hillsong church at Waterloo says, “Having a majority of non-religious gays and lesbians is reflective of our secular society in Australia.” His statement is supported by findings that show the vast majority of those who indicated that they are religious are lapsed or non-practicing, with 52% indicating they never attend service or prayer.

One explanation for the lower percentage of Christians amongst the gay community, when compared to the general population, is that many Christians who come out as gay often repudiate their spirituality because of a conflict between their spirituality and their sexuality.

Former High Court Justice Michael Kirby, a practicing Christian, explains this general sentiment by saying, “It is hardly surprising that so many gay people give religion away. With few exceptions, religion, and religious people, are hostile to gays. Even the Dalai Lama has made unfriendly statements. When I tackled him on them, he said: ‘I know. In America many of my supporters are gay. But the problem is the old scriptures’.”

However, Kirby notes the change happening within Christian churches. “In the Christian context, the languages are Greek or Hebrew and the further we study these histories and scriptures the further we learn about the historical and cultural context or particular phrases,” says Kirby. “Just as Christians, Jews and Muslims have to read afresh the Genesis passages that say the world was created in seven days, in the light of Darwin’s discoveries about evolution, so religions have to re-read passages antagonistic to gays in the light of the knowledge we now have from Alfred Kinsey, Evelyn Hooker and modern science. People do not deliberately choose their sexual orientation to be difficult or defiant. It is just part of the variety of nature. If it exists, it has a purpose in nature and evolution. Eventually all the religions will come around to this, but a lot of violence, stigma and cruelty will be done in the meantime,” Kirby says.

Venn-Brown agrees with Justice Kirby’s on the interpretation of scriptures. Venn-Brown says, “There are only six passages that can be assumed to speak about same-sex behaviour, but when they are looked at in their historical and cultural context and in their original languages, then one discovers that they are actually talking about temple prostitution, idolatry, exploitative relationships (pederasty) and rape. They are not talking about same-sex orientation as we know it today.”

Venn-Brown also notes, “The word ‘homosexual’ did not appear in any English translation of the bible until 1946 at 1 Corinthians 6:9” (Revised standard version).

David Barrow, a 23-year-old queer activist who is also Christian and is currently the President of the National Union of Students believes that generational change is also a contributing factor. “There is a progressive shift in theology in line with generational change that coincides with attitudes towards climate change, women, gays and international poverty,” says Barrow.

This change in the understanding of theology seems to be happening even in the most unlikely of churches – the Pentecostal church, to which Mr Venn-Brown is a member.

In responding to my shock at the acceptance by the Hillsong Church of homosexual members, Venn-Brown says, “We often focus on the Christian extremists. For example, the Westboro Baptist Church in the south of the US. (Westboro Baptist Church own the website Godhatesfags.com.) We should focus on the changes happening in the Christian movement. The Westboro Baptist church is an incestuous cult of about 100 members. They are not representative of Christianity.”

While he recognises the damage done by religion, Justice Kirby is optimistic about a future where it’s a little more gay friendly. “My partner, Johan, rejects religion. I stick with my Christian beliefs because the fundamental message of Jesus is love and reconciliation. Eventually, Christian leaders will remember this. The churches will give a great big apology to gay people. I hope I live to see it,” says Kirby.

Mr Venn-Brown believes that, “the debate within Christianity is done and dusted. It is only a matter of time before [homosexuality] is not going to be a problem.”

Interestingly, Census data reveals that 12% of respondents experienced conflict between their sexuality and their religion, which is less than those who chose Christianity as their religion. Most respondents indicated that they don’t have conflict between their sexuality and their religion, or if a conflict does exist, they don’t care about it.

Venn-Brown acknowledged the assumptions in the gay community about the conflict between Christianity and homosexuality, but says that this scepticism and antagonism towards Christianity is changing. “What is happening now [within the gay community] is similar to what happened in the early 70s. The gay rights movement was birthed and people began coming out. Now, three decades later, with the shift in understanding about Christianity, many are coming out about their faith and spirituality also.” Venn-Brown calls this ‘the second coming out.’

Venn-Brown goes on to say that there is actually an increasing number of gay members of the church. “Gay people of faith and religion are an emerging group within the gay community. Walk into any gay bookstore and you can see how much impact they are having,” says Venn-Brown. An author himself, Venn-Brown recalls, “It’s not long ago that you would never find a single book on being gay and Christian, only books about how poorly the church has treated homosexual people over the centuries. Now in all gay bookstores there are entire sections of gay Christian books. Including stories, such as mine, theology and observations of the gay Christian movement. An even further development, is the recent appearance of several books on being gay and Moslem.”

David Barrow would be an example of emerging members of the gay community who are also proudly Christian. He says he didn’t feel any pressure to be one or the other, but says, “Many of my friends responded to my Christianity with suspicion, derision, concern and condescension. However, they have learned to accept my sexuality and my Christian identity, which are both important to me.”

Looking at its popularity amongst the generations, it seems that spirituality is mainly practiced by older generations. The Australian Gay and Lesbian Census found that older gay men and women are more likely to be religious.

The Australian Gay and Lesbian Census also found that more gay men and women belong to alternative or eastern religions (Hindu, Buddhism, Wicca/Paganism) than the general population.

So maybe the future of homosexuality and religion is as Michael Kirby said, less about blame and sin and more about love and respect.