Monday, July 28, 2014

Fourth Circuit strikes down VA gay marriage amendment; More on ENDA

As a breaking news item, the Fourth Circuit Court of Appeals in Richmond, VA, has struck down Virginia’s ban on same-sex marriage (the Marshall-Newman amendment), with the news story on Vox Media here.  The reasoning seems to combine due process and equal protection, but regards “choice of consenting significant other” (a concept that I touted in the 90s) as a fundamental right that indirectly falls under equal protection.  This is a conservative circuit that did uphold a couple of military discharges of gay personnel in Virginia in the 90s, in one opinion saying that the issue of the ban and DADT should be resolved through the political process (which it eventually was).  The Opinion Text is here.  The Court spoke about the idea of a "segregated right".  The ruling will not go into effect immediately, as a further appeal process (to the Supreme Court or possibly en banc) is considered. 

Juliet Elperin has an important piece in the Washington Post July 12, “What an LGBT non-discrimination bill says about the state of gay rights”, link here. It’s interesting that even some Democrats are not so enthusiastic about transgender protection.  The public is beginning to embrace  the idea of “masculine gays”, like Will and Sonny on “Days of our Lives”.   GOP legislators, to the pleasure of Log Cabin, are starting to distance themselves from anti-gay values, at least in more extreme form.  There’s another piece around (which I can’t find now) arguing that ending LGBT discrimination is almost always good for business.  
Some how the second picture (NYC Pride March) reminds me of the "Guilty Remnant" from HBO's "The Leftoviers".   

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