This week the California State Supreme Court upheld the state constitutional amendment known as Proposition 8 banning same-sex. The same court decided to allow the existing 18,000 same-sex marriages that were recognized by the State of California prior to Proposition 8 to remain as valid marriages. 

The action of the court clearly endorses the right of a majority to discriminate against a minority while relegating queers to second class status.  At present, California's same-sex couple's only legal option is to unite through civil unions.

According to many scholars, California's Constitution is a complete mess having become one of the longest in the world; it has been amended or revised over 500 times by the will of a simple majority of voters.  This time the majority and the court have gone too far. 

I'm not going to attempt an analysis of the court's decision but I do believe that the justices forgot to read Section 1 of the 14th Amendment to the Constitution of the United States that reads, in part: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

This truth has not been missed by many, including conservative lawyer Ted Olsen.

Ted Olson, the lawyer who successfully argued the landmark Bush v. Gore lawsuit before the United States Supreme Court, thereby ensuring the presidency for Bush II, has teamed up with David Boies, Al Gore's attorney in the same case, to challenge Proposition 8 in federal court on behalf of two couples under the belief that the ban on same-sex marriage violates the U.S. Constitution.  This is the first time these two opposing lawyers of notable stature have teamed up to support an argument.

Olson and Boies argue that relegating same-sex couples to domestic partnerships instead of giving them full marriage privileges violates the equal protection and due process clauses of the 14th Amendment of the U.S. Constitution.  "Whatever discrimination California law now might permit, I can assure you, the United States Constitution does not."  Olsen stated.  Their goal in filing the lawsuit "is to advance the case of equality for all Americans, which is the promise that makes this nation so great."

Several queer rights organizations, including the Human Rights Campaign, Lambda Legal, Freedom to Marry, and the National Center for Lesbian Rights, along with the American Civil Liberties Union, are not too happy with the actions of Olson and Boies fearing that the federal courts are not the best place to fight for our equality and that the U. S. Supreme Court is not ready to support our full equality. They believe that this case is "premature" and warned that without more groundwork, the U.S. Supreme Court doesn't seem likely to rule that same-sex couples are entitled to marry.  

Shannon Minter, legal director for the National Center for Lesbian Rights, explained: "It is very risky to bring a federal marriage case at this stage of the game, when we are just beginning to make such significant progress at the state level," he said. "Historically, the U.S. Supreme Court is much more receptive to civil rights issues when a critical mass of state courts have ruled in favor of equality on a particular issue. We only have one shot at the high court, so we need to put our very best foot forward when we ask the Court to rule on this issue."

The groups opposed to this suit believe that it is better that supporters of same-sex marriage in California pursue their rights through another voter initiative or the state legislature.  I disagree.  We should do both.

We do not have the luxury of turning our backs on injustice for fear that in our challenge to it we may lose ground in our fight for equality. This is not how the righteous battle.  We who believe that we have the right, both as humans and citizens, to full and equal civil rights under the law should never fear the fights that we face.  The simple truth is that Proposition 8 fundamentally violates the freedoms guaranteed to all of us by the U. S. Constitution. 

The team of Olsen and Boies, along with the newly formed American Foundation for Equal Rights, should receive our full support in this matter.

Until this matter is overturned by either the will of the people or the courts, I will no longer support the California economy in any way. There needs to be consequences attached to the discrimination and oppression that has been imposed in that state by the majority.  I will therefore boycott California and all products made there until justice is done. I would encourage others to do the same.

Comments: james@QUEERtimes.net

 

 
Re-decorate your bedroom, help out a great cause, AND get a tax deduction, all at the same time!!

Alexander Inn, Philly's chic boutique bed and breakfast located in the heart of the "Gayborhood," (12th and Spruce), is "sprucing up" its five stories of guest rooms with new furnishings. So proprietor Mel Heifetz is selling off the gently-used old furniture, and has generously agreed to turn the proceeds from the sale over to Philadelphia's HIV/AIDS service organizations, at the discretion of the buyer.

The Art Deco inspired pieces include nightstands ($50), 3-drawer and 6-drawer dressers ($75 and $100), headboards to fit, twin, full, queen and king beds ($30 each), and upholstered side chairs ($35).

You can view pictures of the furniture by visiting their website, or call 215.985.0601 to arrange to see the furniture in person. Mel will donate the purchase price to the organization of your choice. (So, don't forget where you heard about this great deal!)

If you are paying by check, you can write the check directly to the benefiting organization, and receive the tax deduction at the end of the year! It's a win-win-win situation!

 

It's almost too easy to rhapsodize about what developer Bart Blatstein is doing to Northern Liberties. He opened The Piazza at Schmidts, 2^nd Street at Germantown Avenue, on his 50th birthday on May 16 with much fanfare and celebration. I was among the 1,000 invited guests to attend what has to be one of the more lavish events of the year.

Blatstein whose vision and passion is legendary is truly transforming an area of the city that had become impoverished and forgotten. I was genuinely impressive, excited and, yes, even, empowered by what I see as a "New Philadelphia." 

The founder and president of Tower Investments, Inc., has created a distinctive "showpiece" for residents and visitors alike to Philadelphia on over 28 acres, at a cost of $500 million, and purported to be "the country's largest private urban renewal initiative."

The Piazza at Schmidts, as aptly described in the press release is "a beautifully landscaped, 80,000 square foot open-air plaza with free events year-round, surrounded by three new buildings including 35 artist's studios and boutiques, four new restaurants, 500 apartments and 50,000 square feet of office space in the Northern Liberties neighborhood."

"My grandfather had a pushcart at Second and Laurel Streets in the 1930s, so I've always loved this area. My dream was to create a 'five minute neighborhood' where people live, shop, eat, work and play, all within a few city blocks," recalled Blatstein.

His own brand of urban planning is to offer rental properties--residential, retail, commercial and office space--to the growing number of young professionals and entrepreneurs, and really anyone else who appreciates this new approach to city living.

Blatstein understands and appreciates the "creative economic" dynamic by providing The  Piazza, with a 40 by 20 foot stage and a high definition, 26 by 16 foot next generation Daktoniks LED screen, with free festivals, concerts, dance performances and live broadcasts of sporting events throughout the year.

"With all forms of public transit nearby, residents will have everything they need at their fingertips enabling them to decrease their carbon footprints by never having to use a car," added Blatstein. It's like he's got his own green initiative and a forward-thinking look at the new economy for the next decade for life in the city.

The Piazza, inspired by classic Romanesque open spaces, is surrounded by: a five-story renovated industrial building; a new six-story building, and a new seven story building with an enclosed catwalk, all with apartments and commercial space. Completing the layout is a seven story oval shaped glass office building with a diner on the ground floor.

For me, the architecture is both stunning, eye-catching and contemporary, and, most importantly, nothing you're used to seeing in Philadelphia. It recalls a different vibe, something foreign and European in tone style, that you might see in Copenhagen, Stockholm or, closer to home, Montreal. Not surprisingly, Blatstein is already proud to boast that this complex of buildings has received the American Institute of Architects (AIA) most prestigious honors. It all began when Blatstein purchased the former Schmidt's Brewery in January 2000 at a sheriff's auction is also far from finished.

This developer's "dream come true" has still more stages to the project in Northern Liberties. In 2011, he plans to open The Shops at Schmidts, 2^nd Street at Girard Avenue, including a two story, 100,000 square foot supermarket with an anchored retail development and The Residences at Schmidts, adjacent to The Piazza, with 600 new residential units in three separate buildings surrounding a lushly landscaped one acre park area.

No joke, the city really needs to give this man a special award!  Blatstein is like one of the new "founding fathers" for the next century--discovering, creating, realizing, and sharing his vision for a better and greater Philadelphia.

May 28 to June 1, 2009 (Thurs - Mon)