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TOP6NEWS - October 22, 2004


1-NEWS:  NY judge upholds marriage, decision will be appealed

2-NEWS:  OH Supreme Court rejects last minute efforts to keep amendment off ballot

3-NEWS:  HRC spending 6.5 million on campaign

4-NEWS:  M amendment introduced in VA

5-NEWS:  New federal suit in CA

6-OP-EDMore on possible EU veto

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1-NEWS: NY judge upholds marriage, decision will be appealed

`Nyack 10' lose court case, promise appeal
By JIM FITZGERALD
Associated Press Writer
October 22, 2004, 9:10 AM EDT
http://www.newsday.com/news/local/wire/ny-bc-ny--gaymarriage-rockl1022oct22,0,3888708.story?coll=ny-ap-regional-wire
WHITE PLAINS, N.Y. -- Ten same-sex couples, including the mayor of Nyack and his partner, have lost the lawsuit they filed when New York State denied them marriage licenses.

Acting state Supreme Court Justice Alfred Weiner ruled Thursday in New City that the state's domestic relations law limited marriage licenses to heterosexual couples, the plaintiffs' lawyer, Norman Siegel, said Friday.

The couples, known as the "Nyack 10," had claimed that the law did not specifically ban same-sex couples. But the judge said the Legislature's use of phrases such as "husband and wife" and "bride and groom" made its intentions clear.

The couples had also claimed that the denial of marriage licenses was unconstitutional discrimination on the basis of sexual orientation, but Weiner dismissed that as well.

Siegel said he would appeal the ruling.
"The decision is legally incorrect," he said. "The struggle to obtain equal justice under the law for same-sex couples in New York State will continue."

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2-NEWS: OH Supreme Court rejects last minute efforts to keep amendment off ballot

Ohio Supreme Court rejects legal challenge to gay marriage amendment
ANDREW WELSH-HUGGINS
Associated Press
http://www.philly.com/mld/philly/news/special_packages/election2004/9979970.htm
COLUMBUS, Ohio - The Ohio Supreme Court on Thursday rejected a legal challenge to placing a constitutional amendment banning gay marriage on the November ballot.

The court ruled 6-1 against opponents of the amendment who challenged the validity of the initiative as it was submitted to the Secretary of State's office.

The decision paves the way for the amendment, which bans gay marriage and prevents local or state government from recognizing same-sex couples in any fashion, to appear on the Nov. 2 ballot. This was the last pending legal challenge, both sides said.

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3-NEWS:HRC spending 6.5 million on campaign

Gay Rights Group Spends $6.5 Million On Campaign 2004
by Doreen Brandt 365Gay.com Washington Bureau
Posted: October 22, 2004 2:04 pm ET
http://www.365gay.com/newscon04/10/102204election.htm
(Washington)  With little over a week before Americans go to the polls the nation's largest LGBT civil rights group said Friday that it is spending an unprecedented $6.5 million dollars to defeat anti-gay ballot measures, get-out-the-vote in targeted states and elect "fair-minded officials" to federal offices.  

"To win equality we must aggressively fund it and fight for it," said Human Rights Campaign President Cheryl Jacques.
"Anti-gay politicians are attempting to pit Americans against each other this election. But on Nov. 2 fairness and equality will win out. We're doing everything we can to bring that victory home."

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With significant races in several states, many of which also face ballot amendments that would ban marriages of same-sex couples, HRC and HRC's PAC are investing unprecedented amounts in battleground states. This  effort includes: $475,000 in Florida, $586,000 in Michigan, $458,000 in Missouri, $283,000 in New Mexico, $325,000 in Nevada, $665,000 in Ohio, $514,000, in Oregon, $326,000 in Pennsylvania, $120,000 in Washington, and $407,000 in Wisconsin. 

An additional $450,000 is being spent to fund on independent expenditures opposing anti-gay candidates in several states, which includes HRC's "George W. Bush: 'You're Fired'" campaign.

HRC said it is giving an additional $450,000 to America Coming Together - the largest and most sophisticated voter mobilization project in American history - for a combination of media and mail efforts. Another quarter of a million dollars is being spent on advertising.

The organization will also be sending more than 70 HRC staff members and Youth College graduates to targeted states to mobilize HRC members and get out the vote for fairness. Busloads of volunteers will leave from Washington, D.C., on Saturday, Oct. 30, to get out the vote in Cleveland, Ohio. Similar efforts will be underway with volunteers going from Los Angeles to Las Vegas to get out the vote.

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4-NEWS: M amendment introduced in VA

Marriage amendment filed in Virginia
Measure follows DOMA and Marriage Affirmation Act
By BRYAN ANDERTON Washington Blade
Friday, October 22, 2004
http://www.washblade.com/2004/10-22/news/localnews/marriage.cfm
Virginia gay rights groups expressed outrage this week at the introduction of a proposed state constitutional amendment that would ban gay marriage in the state.

Virginia House Joint Resolution No. 528, which was pre-filed on Oct. 8 for the 2005 session of the General Assembly, would add a subsection to the state’s Bill of Rights explicitly outlawing gay marriage.

The proposed amendment states: “To be valid or recognized in this Commonwealth, a marriage may exist only between one man and one woman. No provision of this Constitution shall be interpreted to require the Commonwealth to recognize or permit marriage between individuals of the same sex.”

The resolution’s main patron, Del. John A. Cosgrove (R-Chesapeake), could not be reached for comment by press deadline. Phone calls to the Family Foundation, a Virginia group that supports laws that exclude gay couples from marrying, were also not returned immediately.

Dyana Mason, the executive director of Equality Virginia, said the proposed amendment was unnecessary, and called the resolution an election-year tactic.

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5-NEWS: New federal suit in CA

New Federal Suit Says U.S. Constitution Requires Redefinition of Marriage
See
www.domawatch.org

Smelt v. Orange County
The complaint filed in federal district court alleges that Aurthur Smelt and Christopher Hammer were denied a California marriage license on two separate occasions. It asks the court to declare that provisions in the California Family law code and the Federal Definition [sic] of Marriage Act (DOMA) violate Due Process, Equal Protection, the Right to Privacy, and Full Faith and Credit under the U.S. Constitution. It further prays that the court mandate the use of gender-neutral terms and issuance of a marriage license to Plaintiffs.

Saying they are "desperate to evade democracy" Glen Lavy of the Alliance Defense Fund indicated that homosexual activists have filed more than 40 suits challenging marriage within the last two years, but challenges to federal marriage law have been more rare. At least two other suits are pending that challenge the Federal DOMA and a federal bankruptcy court recently upheld its constitutionality. Lavy said, "the magnitude of the effort to undermine the unique identity of each of the sexes within the marital relationship is astounding." Nevertheless, given the volatility of the same sex marriage issue in the election season, Lavy indicated he was surprised another challenge to the Federal DOMA had been filed at this time.

State outcomes are very important in the national battle over the definition of marriage. Opposing same sex marriage, ADF's President Alan Sears has vowed “As long as we have the resources and people, we will fight courthouse to courthouse and from state to state.” Mat Coles, the Executive Director of the ACLU Lesbian and Gay Rights Project has also acknowledged the importance of state battles: "Contrary to popular belief, the U.S. Supreme Court is much more likely to strike down a state law once most other states have already changed their similar laws . . . Bottom line: The best way to win the marriage for same-sex couples is to win in as many states as we can before we head to the Supreme Court."

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6-OP-ED: More on possible EU veto

EU May Veto Panel Over Gay 'Sin' Remark
By THE ASSOCIATED PRESS
Published: October 21, 2004
Filed at 10:26 p.m. ET
http://www.nytimes.com/aponline/international/AP-EU-Italian-Politician.html
BRUSSELS, Belgium (AP) -- The European Parliament on Thursday threatened to veto the entire incoming European Union executive commission unless Italy's nominee for Justice Commissioner -- who earlier described homosexuality as a sin -- was dropped from the list.

A ``no'' vote next Thursday by the 732-member European Parliament could trigger an unprecedented situation: Incoming European Commission President Jose Manuel Barroso's team would become a mere caretaker government. They would be limited to managing routine, day-to-day business, but unable to take on any significant or fresh initiatives.

After a meeting with the EU assembly leaders late Thursday, Barroso brushed aside that prospect.
``I am convinced we'll have a majority in Parliament,'' he said. ``Absolutely convinced.''
He produced a letter by Rocco Buttiglione, the arch-conservative Italian nominee for Justice Commissioner, in which he apologized for remarks he made about gays during confirmation hearings.

In those hearings, Buttiglione, who is close to Pope John Paul II, called homosexuality a sin and said marriage was intended ``to allow women to have children and to have (the) protection of a male.''

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