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Star Trek actor George Takei's decision to come out in 2005 helped spark more coverage for
Asian and Pacific Islander sexual minorities.
The Adoption Invalidation Law, hastily passed
ment will get the necessary majority of votes to
at the end of the 2004 legislative session, said
pass. Tennessee law requires that constitutional
Oklahoma “shall not recognize an adoption by
amendments win a majority of votes and a “major
more than one individual of the same sex from any
ity of all the citizens of the state voting for gover
other state or foreign jurisdiction.” Lambda Legal
nor.” Those who vote for governor in the state but
argued that the law is invalid based on the U.S.
do not vote for the amendment, known as
Constitution’s guarantees of equal protection, due
Amendment 1, are in turn helping defeat the pro
process and right to travel, as well as the mandates
posed law.
of the Full Faith and Credit Clause.
Struth Carolina and Virginia are also voting on
The lower court found that the statute indeed
marriage amendments in November. A Mason-
violated the Constitution by singling out a specific
Dixon poll conducted Oct. 17 to 19 showed 52 per
group. The court dismissed the claims of Lambda
cent of likely voters in Virginia supporting the
Legal clients Ed Swaya and Greg Hampel, ruling
amendment and 42 percent opposing it.
that the statute did not harm them because the
The anti-gay Family Foundation of Virginia
state of Oklahoma granted the couple a birth
executive director Victoria Cobb predicted that
certificate for their adopted daughter listing the | amendment opponents would have to outspend
two men as her parents prior to the passage of the
supporters in Virginia by a margin of five to one.
law and they did not face immediate harm.
At issue is a sentence in the amendment that
Oral arguments in the case will be heard Nov.
says Virginia cannot “create or recognize another
13 in the U.S. Court of Appeals for the 10th
union, partnership or other legal status to which is
Circuit in Denver.
assigned the rights, benefits, obligations, qualities
or effects of marriage.” Amendment supporters say
TENNESSEE
the sentence would prohibit same-sex civil unions,
Marriage Amendments Arise
which is on the table in New Jersey (see story on
in the South
Page 13), following a ruling by that state’s high
Conservatives in Tennessee are concerned that ’ court.
a proposed constitutional marriage equality amend
South Carolina’s amendment would prohibit
both same-sex marriage and civil unions, prevent
ing its state court from following New Jersey’s lead.
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WASHINGTON
Gay Marriage Ban Persists
Lisa Stone, director of the Northwest Women's
Law Center, expressed disappointment about
the Washington Supreme Court's decision to
uphold the same-sex marriage ban.
The Washington Supreme Court announced
Oct. 25 that the state’s same-sex marriage ban will
stand.
The final word on the case upheld the 1998
Defense of Marriage Act. Further appeal is not
possible because no federal legal issues were raised.
The decision came on the same day as New
Jersey’s Supreme Court ruling that same-sex
couples are entitled to the same rights as married
couples.
“Just as the New Jersey court recognized the dis
crimination that gays and lesbians face and said
they’re entitled to be treated the same, our court
essentially declined to do that,” Lisa Stone, director
of the Northwest Women’s Law Center, told The
Associated Press. The court issued a 5-4 decision in
July, upholding the 1998 law. ©
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