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TOP6NEWS - October 21, 2004 1-NEWS: Eskridge paper challenges Kurtz on Scandinavia 2-NEWS: Lambda wants language protecting gay student groups in school 3-NEWS: Robinson responds to Anglican report 4-NEWS: EU minister scandal still boiling 5-NEWS: UT Catholic, Protestant churches don't endorse m amendment 6-OP-ED: E. Brown equates polygamy and ssm; wants no moralists in marriage ________________________________________________________ 1-NEWS: Eskridge paper challenges Kurtz on Scandinavia Report (52 pages)Single-Sex Marriage Inaugurated August 2004 http://www.bepress.com/ils/iss5/art4/ AUTHOR: William N. Eskridge Jr., John A. Garver Professor of Jurisprudence, Yale Law School Darren R. Spedale, Attorney, White & Case LLP Hans Ytterberg, Associate Judge of Appeals and Ombudsman, The Office of Ombudsman Against Discrimination on Grounds of Sexual Orientation, Sweden TITLE: http://www.bepress.com/ils/iss5/art4 Eskridge, Spedale, and Ytterberg dissent from Kurtz's speculative causal link between registered partnerships and what he calls the "end" of marriage in Scandinavia. To begin with, the authors question Kurtz's logic. Family law throughout much of the West has, arguably, undermined marriage as an institution by making it easier to exit and by providing civil alternatives with some of the benefits and few of the obligations. But expanding the eligibility of marriage, or a parallel institution, to same-sex couples who want to take on the civil obligations as well as the benefits of marriage does not logically undermine the institution of marriage. More important, the evidence from Scandinavia refutes rather than supports Kurtz's logic. Long-range trends in marriage rates, divorce rates, and nonmarital births either have been unaffected by the advent of same-sex partnerships or have moved in a direction that suggests that the institution of marriage is strengthening. Finally, the authors focus on the security of children in Scandinavia and find none of the ill effects posited by Kurtz. In a concluding section, Eskridge, Spedale, and Ytterberg raise normative questions relevant to the ongoing search for arguments to deny gay people civil equality. The big loser in such a campaign is marriage. By scapegoating gay marriage (or partnerships) as the "cause" of marriage's decline, pseudo-conservatives tend to reinforce the actual causes of the decline - the options straight couples are utilizing, such as no-fault divorce and cohabitation rights. ________________________________________________________ 2-NEWS: Lambda wants language protecting gay student groups in school Bush Administration To Give Boy Scouts' Access to Schools While Ignoring Gay Student Groups The new regulations were made public this week and now enter a 45-day period of public comment before going into effect. Part of the regulations guide schools on making sure Boy Scouts groups have access to schools for meetings, recruitment and other activities. Lambda Legal said today that Gay-Straight Alliance groups should be specified in the new regulations as one kind of youth group that also has a right to meet in public schools. "The Bush Administration wants to add thousands of words about the Boy Scouts to federal rules that don't say one word about gay student groups -- even though they're both protected by federal law and Gay-Straight Alliances are unlawfully denied school access on a regular basis," said Kevin Cathcart, Executive Director of Lambda Legal. "The Boy Scouts need no help getting access to schools but they're the focus of the federal government's attention, while gay youth are routinely ignored and left to fend for themselves when their rights aren't respected." ... ________________________________________________________ 3-NEWS: Robinson responds to Anglican report Gay Bishop Says He Has No Plans to Step Down But New Hampshire Bishop V. Gene Robinson said he is "not sorry for having followed what I perceived to be God's calling to this ministry" and has no intention of stepping down. He also said he is "very encouraged" that the worldwide Anglican Communion is considering only a moratorium, rather than a permanent ban, on the ordination of more gay bishops. ... "I have absolutely no hesitation in expressing my regret for the difficulty, disruption and pain this has caused in parts of the Anglican Communion," Robinson said. "And I can do that wholeheartedly and genuinely, because I do not believe it means that I have to go back on the decision I made." ...
________________________________________________________ 4-NEWS: EU minister scandal still boiling Barroso fails to calm Buttiglione row At a tense closed meeting with parliamentary leaders in Brussels, Mr Barroso read a letter from the conservative Italian in which he expressed "deep regret" at problems caused by his controversial remarks about homosexuals, marriage and single mothers. Mr Buttiglione apologised for calling homosexuality a sin and offered to step aside whenever "a conflict might arise between my conscience and my duty as commissioner". However, reports suggested that key European parliament groups, led by the Socialists, continued to oppose his nomination despite the apologetic letter. ... As he headed into the meeting, Socialist group leader, Martin Schulz, said: "I have to say openly we expect a reshuffle of the commission." ... ________________________________________________________ 5-NEWS: UT Catholic, Protestant churches don't endorse marriage amendment Protestants flay '3' as a 'bad law' In a separate statement, the Most Rev. George H. Niederauer of the Catholic Diocese of Salt Lake City said he will not endorse Amendment 3, which will be on the Nov. 2 ballot, out of respect for those who have expressed concerns over the language, including GOP Attorney General Mark Shurtleff and his opponents for re-election. The religious leaders' concerns Wednesday were centered around Amendment 3's second sentence, which reads: "No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect." Last week, some 80 religious leaders — mostly Evangelical — endorsed Amendment 3, saying the measure was needed to protect traditional marriage, agreeing with amendment supporters that it would be interpreted narrowly. ... ________________________________________________________ 6-OP-ED: E. Brown equates polygamy and ssm; wants no moralists in marriage If I Can Marry I Want Two Wives
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