The California Supreme Court upheld by a 6-1 vote the Prop. 8 ban on same-sex marriage in the state, although it did not invalidate the marriages of approximately 18,000 gay couples who married before the law took effect. Gay rights activists argued that the initiative revised the California Constitution’s equal protection clause to such a dramatic degree that it first needed the Legislature’s approval. Now they will likely try to get the issue back on the ballot to reverse the ban, so all hope is not lost.

After initially passing it, a bill granting same-sex marriage rights in New Hampshire stalled in the legislature after Gov. Lynch sent it back, indicating he would only sign it if certain protections were added for religious groups who did not want to take part in same-sex ceremonies. Hopefully these differences will be resolved since obviously overall support is there.

Meanwhile, Republicans in the U.S. House of Representatives are introducting legislation to “define marriage as between a man and woman” in the District of Columbia. I doubt it will even come to a vote though.

The State Department is ending its policy of withholding benefits from the families of gay diplomats:

Secretary of State Hillary Rodham Clinton will soon announce that gay American diplomats will be given benefits similar to those that their heterosexual counterparts enjoy, U.S. officials said Saturday.

In a notice to be sent soon to State Department employees, Clinton says regulations that denied same-sex couples and their families the same rights and privileges that straight diplomats enjoyed are “unfair and must end,” as they harm U.S. diplomacy.

“Providing training, medical care and other benefits to domestic partners promote the cohesiveness, safety and effectiveness of our posts abroad,” she says in the message, a copy of which was obtained by The Associated Press.

“It will also help the department attract and retain personnel in a competitive environment where domestic partner benefits and allowances are increasingly the norm for world-class employers,” she says.

“At bottom, the department will provide these benefits for both opposite-sex and same-sex domestic partners because it is the right thing to do,” Clinton says.

Good news. Now if we can just get the administration to move more swiftly on ending the military’s ridiculous “don’t ask, don’t tell” policy.

Now I don’t link to these stories to bag on the military, so much as I link to them to bag on the right-winger Christians and bigots in the military. Item #1:

After posting his resume on online job site CareerBuilder.com, Corey Andrew was contacted by an army recruiter about a job.

The email exchange between Andrew and the recruiter, Sergeant Marcia Ramode, quickly turned hostile when Andrew revealed that he was a homosexual.

“You are definitely unqualified,” wrote Ramode. “Now take you gay self [sic] back to someplace else we do not tolerate gay people like you in any part of the military.”

“Her response was appalling,” Andrew told CNN.

The email exchange grew more heated, with Ramode suggesting that Andrew should, “go back to Africa and do your gay voodoo limbo tango and wango dance.”

One reprimand, coming up. And then there are these yahoos:

Al Jazeera has posted a video alleging to show American soldiers trying to proselytize in Afghanistan — which would be a clear violation of the military code and, potentially, the U.S. Constitution. More from Crooks and Liars here.

[...]

The video shows, among other things, a prayer circle of evangelical soldiers discussing how and whether to distribute a set of bibles in Afghanistan. If the soldiers ended up doing it, that would be a clear violation of military rules and a great way to earn enmity in a crucial corner of the world. But the video doesn’t show that. Rather, what it shows is the soldiers talking about whether such behavior would be kosher or not, acknowledging clearly that proselytizing is wrong. One of them wonders aloud whether it’s OK to distribute the bibles as “gifts” as a way of getting around the rules, and the prayer leader quickly cuts him off, saying “Alright, let’s talk about it. What do you think?” The video shows no conclusion being reached.

One moment that is slightly greater cause for concern (but not necessarily damning) shows Afghanistan’s chief of chaplains — Lt. Col. Gary Hensley — telling a congregation of military personnel that every Christian is commissioned to be a “witness” that “hunts people for Jesus…get the hound of heaven after ‘em so we get ‘em in the Kingdom…That’s what we do, that’s our business!” To those not in the know, this is boilerplate evangelical rhetoric that’s to be expected in such a service. The problem is that for soldiers, it’s not clear who exactly they should be trying to convert.

So, draw your own conclusions, but let’s just say there are many, many Christians who don’t see any problem with invading a predominantly Muslim country and then trying to hand out Bibles and convert people.

Maine became the 5th state in the union to legalize same-sex marriage after Gov. Baldacci changed his previous position:

“In the past, I opposed gay marriage while supporting the idea of civil unions,” Governor Baldacci said. “I have come to believe that this is a question of fairness and of equal protection under the law, and that a civil union is not equal to civil marriage.”

“Article I in the Maine Constitution states that ‘no person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of that person’s civil rights or be discriminated against.’”

“This new law does not force any religion to recognize a marriage that falls outside of its beliefs. It does not require the church to perform any ceremony with which it disagrees. Instead, it reaffirms the separation of Church and State,” Governor Baldacci said.

“It guarantees that Maine citizens will be treated equally under Maine’s civil marriage laws, and that is the responsibility of government.”

Well done. Let’s hope New Hampshire’s governor follows suit soon.

In other news, the District of Columbia voted to recognize same-sex marriages from the states. Since it is subject to Congress, Speaker Pelosi put out a statement saying they should stay out of the issue.

Adam’s post yesterday illustrated the incredible progress that gay marriage has made in our country in only the last several years. In that vein, this moving personal story illlustrates the ordinariness-but incredible importance-of gay marriage. I think it’s worth reposting in full:

On March 24, I came home after work and found my husband, Peter Dubuque, dead from an unexpected accident. We have been together almost fifteen years and, because we live in Massachusetts, married for four-and-a-half years. In the aftermath of unexpected death, the surviving spouse faces a jumble of legal responsibilities, emotional reactions, and practical considerations. At 42, I never expected to have to plan a memorial service for the 39-year-old love of my life. I am very fortunate to have a strong national and local network of love and support from friends and family. These past few weeks would have been impossible without them.

In 2004 in Massachusetts (as there had been previously in Vermont when it legislated civil unions), opponents of marriage equality predicted social disaster. The destruction of our social fabric never materialized, of course; each argument was merely an rhetorical arrow in a quiver of hateful obstructions. What was surprising, however, is how marriage equality in Massachusetts has quickly blended into the social landscape. Despite a few feeble and ineffectual protests from the extreme right, it has become a non-issue here.

Just how far marriage equality has become a regular component of society here has been made clear to me while interacting with people I didn’t know. What was once unheard of is now commonplace and, frankly, ordinary.

In 1994, I was arrested, handcuffed, and spent the night in jail for dancing with another man in suburban Chicago. (Not kissing, not even touching : just dancing.) But on March 24, 2009, the EMTs, police officers, and detectives on the accident scene were extremely professional, respectful, and courteous.

Shortly after Vermont legalized civil unions, debated raged whether newspapers across the country would accept or refuse to acknowledge such partnerships; now many more highly visible newspapers routinely do. The gracious funeral home operators treated me the same as they would any grieving spouse.

Referring to my husband as my husband doesn’t raise eyebrows or result in scorn or sarcasm, whereas when referring to him as my partner ten years ago carried the risk of bad service, indifference, or outright hostility. Customer service representatives at places like banks respect the terminology, whereas once we might have sheepishly referred offhand to our partner. (It was perhaps only six or seven years ago when introducing Peter as my partner, sometimes people would assume I met business partner, even when the context would indicate otherwise.) Twelve years ago something as simple as explaining to utility companies that two people weren’t roommates but partners could be construed as being “in your face.” Flash forward to the young associate at the Apple store who helped me with Peter’s iPhone. Sexual orientation was irrelevant as he expressed sincere condolences for my loss.

Ten, even five years ago, people in my situation in Massachusetts would have faced prejudicial treatment in some of these interactions–in addition to having to deal with protracted legal issues because of being denied the right to be married–simply because marriage equality was an unknown, often feared, and that fear was exploited by our opponents for political gain. Coming of age in a time when AIDS felled so many so quickly, I was aware of far too many horrible, heart-wrenching stories in which the surviving partner was completely shut out and cast aside by next of kin. Now, we are legally next of kin. For all the wonderful things that marriage equality does for the living, it maintains our dignity in death.

So, when the wonderful news from Iowa and Vermont broke, I felt happy. I know Peter would have been overjoyed, and knowing how happy it would have made him made me elated as well. I am so happy that soon in Iowa and Vermont, the idea of two women or two men joined in marriage will be an unremarkable event.

Iowa and Vermont are, however, only the third and fourth state of fifty. We must stop letting those who oppose marriage equality frame the debate. The objections they raise are smokescreens that mask not only their hypocrisy, but also sidetrack our focus. We will win when we focus on equality.

The legal right to have been married to Peter that was so important in our lifetime, has turned out to be equally important in death. I am thankful for the all of the couples, lawyers, advocates, and judges who have put so much energy into this struggle over the past many years, and to those who continue to do so until the goal of federally recognized marriage equality is met.

It’s hard for me to imagine the pain of having your loved one die, and then being shut out by family and friends who either disapprove of you or disapprove of your lifestyle. I’m glad to know that this man didn’t have to endure such treatment, but the same cannot be said of gay couples in most of the country. This is why marriage equality is so important; as much for what it means after death as in during life.

Just four and half years ago, same-sex marriage bans were approved in all 11 states where a referendum was on the ballot, incited by a state supreme court ruling that made it legal in Massachusetts. More were passed over the next few years (Texas followed in 2005), and same-sex marriage in California was even overturned by voters just this passed November.

But there seems to be momentum this year in the other direction. Same-sex marriage became legal in Iowa via court ruling, but no legislation was introduced to overturn it. In Vermont, the legislature became the first in the nation to approve same-sex marriage themselves. Similiar legislation has been introduced in New York and Maine and has a decent shot at passage.

A public hearing on allowing gay marriage in Maine has opened with a standing ovation for the bill’s sponsor.

Sen. Dennis Damon received a roar of approval at a crowded hearing Wednesday when he said the time has come to recognize same-sex marriages.

He says his proposal “recognizes the worth of every man and woman among us.” It is backed by 60 co-sponsors.

Gov. Paterson introduced the legislation in New York and Maine Gov. John Baldacci, who previous opposed it, now says he’s keeping an open mind. Gay rights activists have set a goal of establishing same-sex marriage in all six New England states by 2012. They’re already halfway there (Vermont, Massachusetts, and Connecticut, whose state legislature will soon codify into law the court ruling making same-sex marriage legal).

Of course, progress is clearly regional for now. The “red” states have banned same-sex marriage with firm majorities (even there, generational differences in attitude on this issue will eventually lead to their repeal). But, the midwestern state of Iowa does not seem to have the same fervent reaction. The ban in California will eventually be overturned, and the neighboring Northwest will follow in the Northeast’s footsteps. In any case, who could have imagined this even just a few years ago?

UPDATE: A new Quinnipiac poll shows a plurality of New Jersey voters back same-sex marriage rights.

UPDATE II: National support for same-sex marriage grows.

There’s a lot of interesting stuff to read this morning.

1. More troubling violence in Iraq, as sixteen Iraqi soldiers die in a suicide attack in Anbar province.

2. This is very interesting; George Mitchell, U.S. Middle East envoy, is in Israel today. The Christian Science Monitor reports that the Obama administration will communicate to Israel that they intend to link the issue of Iran’s nuclear program to illegal Israeli settlements. As in, if Israel wants help with Iran, they’re going to have to make concessions on settlement activity. That message probably won’t go over very well.

3. More on the “truce” with the Taliban in Swat: unsurprisingly, militants who pledged to surrender their arms…aren’t.

4. Science news: researchers report setbacks in their explorations of the genetic underpinnings of many inherited diseases. Apparently, it’s impossible to link some common conditions (like Schizophrenia) to one or two genetic markers. Scientists suspect that interactions between a countless number of genes can produce or make people vulnerable to disease, making it considerably more difficult to predict the possibility of disease in certain individuals, as well as fashion targeted treatments. Also, Nicholas Kristof (who’s had some great columns recently) writes about recent research showing that the IQ’s of poor children living in chaotic households suffers, and has suggestions for what we can do about that. And lastly, the “last voyage” of an astronaut whose job has been to tend the Hubble Space telescope, a scientific achievement that has made incalculable contributions to our understanding of the universe.

5. Jonathan Capehart dismisses the tired arguments for intolerance that underpin opposition to allowing gays to serve openly in the military.

6. Legislation that would create a new University of North Texas law school in Dallas passes the Texas Senate, but could face stiff opposition in the House. Despite the downturn in the legal market, I’m not entirely opposed to the idea. North Texas could use a less expensive public law school, and unless we really are in the Great Depression II, the economy should improve in time for the first graduates of the school. Still, it seems like a difficult time to ask for money to produce lawyers who right now couldn’t find jobs.

7. John Madden to retire after thirty years in the booth. Madden’s an easy target for ridicule, but I’ve always liked his earnestness and his understanding of the game. Clearly the guy loves football, and has always done a good job of explaining the game to football amateurs like myself. He’ll be missed.

8. Bonus music review: the new Metric album “Fantasies” came out on Tuesday. It’s good. The hooks are catchier, the themes are gloomier, and song structure is tighter. I especially like the darker and fuzzier synth sounds, which give the album a somewhat more ambient feel. On other Metric albums I’ve found there’s usually 2-3 good songs and a lot of filler. Not so here; all the songs are keepers. Anyway buy it, or listen to it here.

Because, as Jack Balkin makes clear, they apparently don’t really understand it.

1. Gay marriage activists hope the Vermont legislature’s decision to legalize gay marriage will provide impetus to other states to do the same. This is true at least in D.C., which voted to recognize gay marriages in other states. On the other side of the world though in Iraq, gays and lesbians find that their lives are endangered because of their sexuality.

2. Small towns, suckered by investment bankers who sold them risky municipal bond derivatives.

3. Peru’s Ex-President Alberto Fujimora is convicted and sentenced to twenty-five years in prison for human rights abuses that occurred during the war against Maoist rebels Shining Path.

4. More details on the prosecutorial misconduct that undid the Ted Stevens prosecution. And McClatchy has another article on Judge Emmett Sullivan, who has “declared war” on what he sees to be a rising tide of government prosecutorial secrecy, incompetence and malfeasance.

5. Texas Republican lawmakers find themselves at odds with Gov. Rick Perry over a number of issues beyond stimulus funding. Texas Republicans are apparently not as receptive to marching orders as Congressional Republicans were during the Bush administration.

6. Former Australian government officials and academics applaud Obama’s commitment to rid the world of nuclear weapons.
Anne Applebaum says there are other more important priorities that Obama should focus on, but it seems to me that getting rid of nuclear weapons never seems to be worthwhile until somebody’s threatening to use one. Why wait until we reach that point?

7. Michael Gerson, being a moron again, characterizes Obama as “the most polarizing President” in history. In fact, Obama is a broadly popular President among Americans, and is most vociferously opposed by a loud minority contingent of right-wing lunatics and Republicans who think the key to electoral victory is saying no to everything Obama proposes.

8. Al Franken emerges victorious in the re-count, but Coleman signals further appeals are on the way.

9. Student loan defaults are surging, which may increase calls for a student loan “bailout.”

10. American intelligence officials warn that the United States’ electrical grid has been infiltrated by hackers from China and Russia who may be looking to launch cyber attacks against the United States infrastructure in the event of military conflict. I remember a 2003 Frontline special warning of this very thing, a warning that appears to be coming true.

John Cole offers us the “sweet tears” of Tony Perkins and the Family Research Council, who are lamenting the decline and fall of mankind as evidenced by the decision of Vermont legistlators to let consenting adults marry each other.