Under the strict scrutiny standard, unlike the rational basis standard, in order to demonstrate the constitutional validity of a challenged statutory classification the state must establish --

1. that the state interest intended to be served by the differential treatment not only is a constitutionally legitimate interest, but is a compelling state interest, and
   
2. that the differential treatment not only is reasonably related to but is necessary to serve that compelling state interest.
   

Applying this standard to the statutory classification here at issue,

we conclude that the purpose underlying differential treatment of opposite-sex and same-sex couples embodied in California’s current marriage statutes

— the interest in retaining the traditional and well-established definition of marriage —

cannot properly be viewed as a compelling state interest for purposes of the equal protection clause, or as necessary to serve such an interest.

A number of factors lead us to this conclusion.

First,
the exclusion of same-sex couples from the designation of marriage clearly is not necessary in order to afford full protection to all of the rights and benefits that currently are enjoyed by married opposite-sex couples; permitting same-sex couples access to the designation of marriage will not deprive opposite-sex couples of any rights and will not alter the legal framework of the institution of marriage, because same-sex couples who choose to marry will be subject to the same obligations and duties that currently are imposed on married opposite-sex couples.

Second,
retaining the traditional definition of marriage and affording same-sex couples only a separate and differently named family relationship will, as a realistic matter, impose appreciable harm on same-sex couples and their children, because denying such couples access to the familiar and highly favored designation of marriage is likely to cast doubt on whether the official family relationship of same-sex couples enjoys dignity equal to that of opposite-sex couples.

Third,
because of the widespread disparagement that gay individuals historically have faced, it is all the more probable that excluding same-sex couples from the legal institution of marriage is likely to be viewed as reflecting an official view that their committed relationships are of lesser stature than the comparable relationships of opposite-sex couples.

Finally,
retaining the designation of marriage exclusively for opposite-sex couples and providing only a separate and distinct designation for same-sex couples may well have the effect of perpetuating a more general premise — now emphatically rejected by this state — that gay individuals and same-sex couples are in some respects “second-class citizens” who may, under the law, be treated differently from, and less favorably than, heterosexual individuals or opposite-sex couples. Under these circumstances, we cannot find that retention of the traditional definition of marriage constitutes a compelling state interest.

Accordingly, we conclude that to the extent the current California statutory provisions limit marriage to opposite-sex couples, these statutes are unconstitutional.

A gay Peace Corps volunteer reflects on what it means to suppress who he is whilst he works in hostile (to his orientation) culture.

I'm playing the part of McQueen in Urinetown. Caldwell B. Cladwell is being played by the eminent edensong. I'll be one of his cronies. I expect much amusement and singing :)

I have an audition this afternoon. I think I'm ok with it but have a mild case of nerves.

Been a lovely weekend with a great capper.

Friday night edensong and I took A to see Speed Racer. Aftewards we gorged at Cafe Adobe. Our waiter was nice. I left a little note on the ticket telling him how nice he was. When he picked it up (after we'd left and were standing a bit away in the plaza), he read it and smiled. We stopped off at edensong's to get a tour of his new place. It's delightful, large, roomy and has a kitchen to die for.

Saturday we did not much. I did the bills. A re-arranged the furniture. I watched all the episodes on the Bravo production of "Gay Weddings, Disc 1" I had from netflix and finished up "Corina, Corina". Later that evening we watched "Since You Went Away". Jennifer Jones and Robert Walker were married when this film was made. After they filmed the scene where Jane sees Bill off on the train (he's headed off to Salerno where he dies), Jennifer filed for divorce. Makes the scene all that more powerful.

Early Sunday morning a severe storm went through with high wind, lots of rain, thunder, lightening and hail. I woke up barely. After we got up and had a great breakfast of waffles and sausage, we did church which was healing. We processed the actions taken (and not taken) at General Conference. Our affirmation of faith was the same proclamation of witness done at the GC:

( Read more... )

We stopped off at Whole Foods and picked up salad makings for supper with edensong and GCN:Catholic_Mike. $96 later (that's some salad, Mary!) we got home. We relaxed a bit and A gave Robbie B. Dawg a bath. We then walked around Memorial Park with him. My feet did their normal "go numb" routine. A didn't hassle me about it for which I'm grateful.

A made a great meal of bruschetta, caesar salad and chicken alfredo with fettuccini and bow-tie pasta. We watched "Desperate Housewives" and then "Brothers & Sisters" (a very satisfying season finale). We treated ourselves to edensong's Tres Leches cake. We then bid our friends goodbye and retired to read a bit and rest up for the week to come.

It's been a nice week.

I got together with Teddy & Lisa and crew last night for chinese in Spring Valley. We talked about our images of God.

I'm calling someone to audition for a chorus part in a local community college production of "Urinetown"

A surprised me last night with the gift of a portable cassette (remember those?) player so I could practice vocally with some old soundtrack tapes I've had for yonks.

I'm surprising A tonight by taking him out to see "Speed Racer". He really wants to see it and was down the other day because none of his kids want to see it. I think it looks like fun.

Things are dragging a bit at work. I need to lobby to do more.

Summer has arrived. We've had our first temps in the 90'sF but with a reasonable humidity so it's not bad ... yet.

I desperately need to get my defensive driving school arranged and taken.

I did get Mother's Day gifts sent out to Mom and the mothers of my children and grandchildren. Go me.

"The older generation’s fears and prejudices have given way, and today’s young people realize that if someone loves someone they have a right to marry. Surrounded as I am now by wonderful children and grandchildren, not a day goes by that I don’t think of Richard and our love, our right to marry, and how much it meant to me to have that freedom to marry the person precious to me, even if others thought he was the “wrong kind of person” for me to marry. I believe all Americans, no matter their race, no matter their sex, no matter their sexual orientation, should have that same freedom to marry. Government has no business imposing some people’s religious beliefs over others. Especially if it denies people’s civil rights. I am still not a political person, but I am proud that Richard’s and my name is on a court case that can help reinforce the love, the commitment, the fairness, and the family that so many people, black or white, young or old, gay or straight seek in life. I support the freedom to marry for all. That’s what Loving, and loving, are all about."

Mildred Loving, whose 1967 Supreme Court case against the state of Virginia over interracial marriage resulted in the banishment of the last of the nation's segregation laws, died on May 2 at the age of 68.

HT to Towleroad

After that lovely breakfast, we rushed around a bit to head for church and were running a tad close to the deadline.

Heading south on Waugh, we crossed Memorial and as we approached Dallas, I noted the light was red and began to apply the brakes in preparation. I was in the middle lane. A dark Toyota 4Runner in the inside lane spurted out ahead of me. My eyes widened as it approached the intersection at speed. It wasn't going to stop!

Sure enough, just as it carried right on through the red light, a white Volvo crossover entered the intersection going eastbound. The driver, realising there was a large, dark object where it shouldn't be, slammed on the brakes and collided into the rear quarter of the 4Runner.

It was like watching a train wreck in slow motion -- I could see what was going to happen and slammed on my own brakes in empathy much to the consternation of the VW Passat that was behind me and not maintaining appropriate separation for the speed we were going. Good thing that Passats have good brakes or the turkey would have been paying to repaint my rear-end.

I sat in shock for a few seconds and then nosed the car over to the side lane, through the intersection (the light was green now) and into a parking lot. I asked A for some paper and a pen -- we rummaged and found some -- and I wrote my name and phone number on two slips of paper, my hand shaking.

I took the slips to the drivers of the vehicles involved. I went first to the driver of the Volvo and told her quietly that she had been in the right. Then I went to the other driver, who asked me if I'd seen what happened. I looked at her and said, "You ran a red light. I was right behind you." She said, "Oh, shit," and I walked back to my car. The police had already been called, neither driver was hurt, I'd left my contact information and we were late for church so I carefully left the parking lot and by the time we got to church, I was feeling much steadier.

After we got out of church, there was a voice mail from the driver of the Volvo asking me to return to the scene of the accident because the other driver was claiming to the police that she'd had a green light.

Where do people get off?

I'm talking to the Volvo owner's insurance adjuster today and providing a statement.

Because ...

Boneheads.

Echoes of R. Buckminster Fuller's "small is beautiful". How a bunch of obsessive artists in Berkeley (where else) are innovating in the realm of power generation.

Leonard Pitts Jr. writes in the Miami Herald

''[...] A part of the religion of Jesus is to be on the right side of history and the right side of God, especially when others are on the wrong side.'' Those who preach intolerance ``are the ones out of step. You have to be patient, and they'll catch up. Many of the black pastors were outraged when King, in '67, declared against the Vietnam war. Well, now, great numbers of the clergy are aware that war is a violation of the gospel of Jesus, and they are opposed to the Iraq war. They caught up.''

Some did, at least. Ours is still an era wherein war, hatred and intolerance often wear a clerical collar. As Lawson puts it, ``Much of Christianity in the United States has been more influenced by violence and sexism and racism and greed than by the teachings of Jesus.''

If that seems a radical thing to say, well, Lawson has no apologies. ''I am a follower of Jesus.'' he explains. ``That's what I've called myself for decades. And that is a radical faith that refuses to define any human being or group of human beings as being outside God's grace.''

James Lawson is out of step with modern Christianity.

Thank God someone is.

This musical, performed at the GCN conference tells the story better than I could ever debate it.

I had most of Saturday to myself to potter around in my office, catchup on GCN, sort things out, put together the storage boxes we got from IKEA, organise the shelves and put up the storage boxes, vacuum, set up my external hard drive on A's laptop and figure out how to share it out and access it from my mac, take pictures of the roses after a Friday night rain (the Oklahoma rose is blooming like blazes; the Queen Elizabeth rose is preparing to bloom), take pictures of Robbie and post them, go through my bills, figure out what defensive driving course to take, file my homstead exemption, figure out what I have to do to file a protest on my property taxes, cancel my Kohl's, Linen n Things and Sears credit cards (I never use them; I applied for them only because of promotions so it was time to simplify), sort out my spiffy new AmEx Blue card (another reason to shut down the others), submit my rebate for Sprint phones (1 day late according to the materials but I figured nothing ventured, nothing gained), figure out what I have to do to protest my parking ticket, print off pictures as supporting evidence for the protest, write my realtor for sales comps in the area (he had them in my email this morning -- *good* realtor) and basically enjoy myself.

A's former wife had a heart episode Friday night. So we drove up and picked up youngest one and brought him home for the weekend.

We did our usual dinner and Sunday night on ABC marathon last night. Extremely Maudlin Home Makeover, Desperate Housewives and Brothers & Sisters. All very good episodes. A made chicken and dumplings with french cut green beans w bacon. We had a baked pear with ice cream dessert.

On top of that, the cold front went through and the weather was amazing the latter half of the day, yesterday. Temps got down to 50F last night. We had the windows open and I slept well.

It's been a good week with my company pricing summit done and gone. I spent part of the day Monday at the Hilton Americas listening to some speakers. The rest of the week has been pretty relaxed though there are some things I'd like to get done and off my plate so that I can do other, more interesting things. Focus has never been my strong suit.

I stopped into Hollywood Hair in the heart of the gay district for a haircut yesterday. It felt nice to be fussed over and my hair *really* needed the attention. When A got home, he noticed right away. Made me feel good.

We watched the newest episodes of Ugly Betty and Grey's Anatomy last night. I haven't been keeping up with Lost so I skipped that to call my mom and take care of some internet shopping for her. She told me that my former wife had surgery last week. Nobody called me but I expect that's probably appropriate. Still, it annoys. I also got something bought for youngest grand-daughter who turns 1 on Monday. Some kind of Mozart magic musical cube thing that ranked highly on Amazon. I'm hoping nobody else thought of it.

The lovely people at Greenbelt contacted me about the attempt I made to purchase a ticket back in January. They offered to re-run the transaction giving me the ticket price back then. It's only a £5 difference but that translates to more than $10 these days so I was willing to take the savings. I've now got my flights booked (with FF miles) *and* my ticket, friends and colleagues have offered me places to stay arriving and departing so it looks like I'm sorted for a cheap holiday to the UK in August. Huzzah! No word on whether JP is going to go with me.

My car got towed during the democratic district caucus back in March. I took pictures after I came out and discovered it gone. There were no "No Parking" signs, no construction barrels blocking the area and there was a car parked precisely where I'd parked mine. I was furious. It cost me $191 to get my car out of impound. I need to send in the parking ticket and contest it.

I also need to register for a defensive driving school to waive a speeding ticket (going 11 mph over the limit ... 46 in a 35 -- argh!).

I need to talk to middle son about his wedding in July so that his mom and I can solidify our plans viz a viz the rehearsal dinner.

I need to file my homestead exemption.

I need to protest my tax bill. They've appraised my house at $40K over what I bought it for just last August. I'll rope my realtor in to help with local comps to support my protest. That has to be filed by the end of April.

I need to send in a rebate claim for the Sprint phones I got for +1 and A.

It seems when I get home in the evening, I'm simply too pooped to get these things done. I need to get a round tuit.

What an interesting idea.

I'm not sure I've ever heard of Rob Frost (the evangelist, not the poet) before today. He is apparently well-known in UK evangelical circles. He passed away last November in the midst of bringing to fruition a vision that he'd had (excerpt below).

Dave Walker posted this story of how the idea of the Pentecost Festival came to be. I love Rob's description and the priorities that he enumerates. That's the kind of church that I recognise as representative of the character and dreams of the God that I love.

Here's a snippet (but do read the full text at Dave Walker's blog). The context: Rob feels like God has spoken to him and asked him to design an event He would like to attend.

[...]It was as I sat there, in this rather bewildered state of ‘jet-lag’ that I felt that God spoke to me. Not as an audible voice, admittedly, but through a jolt of Holy Presence. The words came very clearly, almost as if they were sprayed onto the wall of my consciousness graffiti-style. “Why not organise an event that I’d like to come to?” he said. It shook me to the core.
[...]
What would an event like this look like? What would make Jesus want to show up?

I knew in an instant what it didn’t look like. And that shook me. I felt for sure that it wouldn’t look ‘religious’. It wouldn’t be full of ‘meetings’ or ‘seminars’ … and it wouldn’t be full of stressed out Christians running from lecture to lecture eager to mop up the latest teaching from the newest ‘guru’ on the block. It wouldn’t just be lots of worship events, with a stream of eager praise bands each seemingly trying to outdo the other. And it wouldn’t feature strutting preachers, some of whom seemed to be more intent on ‘playing to the gallery’ than prophetically challenging their hearers to the core.

Other negative images streamed across my mind. Long appeals for money. Uniformed guards stopping people from coming in. Fifteen foot high walls designed to keep out those not wearing the right wristband, badge or day-glow hand stamp! And a great cloud of earnestness, of ‘good intent’ and glowing self-satisfaction – a kind of contemporary pietism that says to the world “I paid £1000 to bring my family to this and we deserve a medal.” (They do, actually, because they could all have had a nice beach holiday in Tenerife for less!) No, I really couldn’t see Jesus feeling comfortable here!

Would he turn up for an event with barely a black face in sight? Would he like it if the children were safely boxed into one space and the teens in another? Twenties in a trendy venue and the middle aged in one with more comfortable seats, but all the ages never coming together? With the elderly made welcome only as long as they sang the latest songs? A middle-class constituency of decent people filling every seat, but no sign of the poor, the marginalised, the hurting or the down right peculiar?

And would he show up if there was no room for atheists, agnostics, cons, pimps, addicts, gays, divorcees, single mums, asylum seekers, Catholics, Muslims, Sikhs, sex workers and very lapsed Christians? I don’t think so.

I finished my toast, took a last swig of coffee and began to write. The following three and a half hours flew by. I barely noticed the shadows receding and the orange glow of dawn filling the sky high above the tree tops. It was a time of ‘inspiration’, when the flow of ideas moved so quickly that my pen could hardly keep up. The exercise book was practically full by the end of it.

I saw the event so clearly that it was as if I was there. It was as if the Body of Christ had woken up after a long sleep, and had discovered what fun it was to be alive in God.

I saw artists of every kind filling the streets. Big graffiti style creations and fine oils on canvas. Great tapestries, and projects with lots of ordinary people ‘having a go.’ Telling God’s story in pictures and symbols that anyone could understand.

I heard musicians, bands playing on the street corner, classical ensembles in shady city squares, and people singing. Gospel, barbershop, choirs and soloists, and young people rappin’ in shop doorways. Praising God in a cacophony of beautiful harmony.

I smelt hot food drawing me towards a square filled with delicious tastings from all over the world. Rice and peas, curry, French fries, and big steaming silver bowls of Chinese food. The cultures of the world offering free food in celebration of the One who gave it. And in among it all there was dance, from ballet to contemporary, from liturgical to Latin, Salsa, Ballroom, street and hip-hop. A long conga was winding its way through the crowd. All celebrating the One who is Lord of the Dance of Life.

Somewhere in the distance church bells rang out the grandeur of God, and the roar of a crowd indicated that there was a football competition or sports tournament for inner city kids not far away. Floating in on the gentle breeze was the sound of a theatre company in full swing with laughter in the air. Round the corner a lorry appeared with a jazz band rockin’ on its long trailer decking.

I passed a pub, and inside a crowd of people were hearing eminent scientists debating the mysteries of the universe. In an up-market wine bar three Christian politicians were debating the great challenges of the day in front of an audience who’d never seen anything like it. In a restaurant people were ‘eating simply’ as they discussed the ravages of world hunger. In a bookshop an audience was applauding a lecture on climate change.

People were streaming into a cinema to see a movie which told the greatest story. In a coffee shop a Christian poet held the crowded tables in rapt attention. The sound of children laughing was emanating from a church schoolroom where puppets performed.

And there were churches with doors flung wide open. And inside quiet spaces filled with flowers and beautiful music. A labyrinth of different things to see and do which were woven together into a liturgy of worship. And people from the street receiving bread and wine. And angelic faces, with the flow of fine oil running down their cheeks as they received faith-filled prayers for healing.

The most breathtaking aspect of this festival was its size. Everywhere I went the streets were full of life, and colour and action and sound. And whatever I saw expressed something of the wonder, and the power and the majesty of the Lord. It was more diverse than the Edinburgh Festival, culturally richer than Notting Hill Carnival, more cerebral than Malvern literature week, louder than Reading and more spiritual than Glastonbury. The sheer scale of it, the power of it, the joy of it, the wonder of it and the spirituality of it overwhelmed me.
[...]

ASBO is an acronym for Anti-Social Behaviour Order, a UK legal move to proscribe a person from certain areas (like town centres) if said person demonstrates an inability to play well with others.



Jon Birch uses the term in his cartoons about Jesus. I'm guessing Jon thinks that if Jesus were alive today, he'd be ASBO'd.

We left an hour and 20 minutes later than intended Saturday morning. Just getting up, getting around, getting packed, loading the car, sorting out the dog (it's like having a baby all over again with the kit that has to be assembled) and then we were off.

We took US290 to Brenham and then TX36 the rest of the way to Brenham via Caldwell, Cameron, Temple, Gatesville, Hamilton, Comanche and Cross Plains with a number of colorful and quaint small towns in between. In some respects we took a world tour w/o leaving TX because we went through Milano and drove near Sydney and Dublin (Paris was just too far out of the way).



Entire trip took us around 7 hours on the way up and 6 hours on the way back. Things I liked about the trip:

64F at sunup in downtown Abilene yesterday morning. A gorgeous sunrise and very pleasant being out with the dog encouraging him to do his business on the City Hall lawn.

People in rural Texas, when you start to overtake them, simply slide over onto the shoulder and wave you by. So very considerate and friendly. We waved a friendly thank you every time.

State highways have a 70mph speed limit most of the time. That was pleasant.

Enjoyed the transition from coastal piney woods into hill country (between Hempstead and Chappell Hill) and then the rather radical change in geography that occured around Cross Plains. The transition from hill country to west Texas was dramatic and fairly sudden. Abilene sits in a valley that could be almost anywhere in the southwest. I can see why it's considered the gateway to west Texas.

Driving along the northside of Gatesville, seeing the beautiful ranch homes situated on the ridges overlooking the valleys and thinking of the great descriptions cowboymarine has given of this kind of country in his lj. I imagined him and MJ in one of those homes, looking down over the valley.

There's an interestingly named hamlet south of Somerville just west of TX36 (not too far from Brenham) called "Gay Hill". Sounds like an interesting place to retire too since it's not far from the Somerville reservoir. What say you, mrdreamjeans?

We enjoyed spending time with A's oldest (stationed at Dyess AFB) and offloaded the computer we'd given him for his graduation. More space in our closets now.

TX36 in Temple is a mess at the moment. But what a lovely town -- situated midpoint between Waco and Austin. Makes me wonder what kind of town it is (massive VA Hospital there ... not too surprising as Killeen and Fort Hood are just a hop and a skip to the west). It' looks Austin-ish but not as expensive. We're pretty sure that there was other family there at the Whataburger we stopped at for a meal on the way home.

The hotel was a disappointment. We were limited to those that accepted pets and the bathroom of our room was spotted on the walls under the sink with what looked like runny shit and the room could have used a strenuous cleaning. A refused to use the shower. Didn't bother me though the first towel that came to hand had grease stains on it (it had been washed and was clean but clearly someone had used it with oily/greasy hands or to clean a dipstick or something). Next time we're getting a hotel in the south part of the city. Downtown looked nice but was sterile -- no urban life to speak of which is a shame -- lots of potential for lofts and funky neighborhood-ness. But being Abilene and a massive Church of Christ and Baptist Church town, they probably don't tolerate funkyness very well.

Robbie handled the trip well. We have a seatbelt harness for him which he wore part of the way. He enjoyed being out of his kennel and sitting next to the youngest who took the trip with us (A's daughter was the national drill team competition in CoSprings -- her team and the guys team both took first place). He rode most of the way home sleeping in his kennel in the back seat. This was a pretty long road trip for his first venture out but I think he likes it.

The view from my window (not bad).


Bless this mess.