Author Archive

The Pursuit of Happiness

Posted by bean | July 19th, 2004

Economists David G. Blanchflower of Dartmouth College and Andrew J. Oswald of the University of Warwick in England have done a study which was reported by AIM. Evidently, you would need to give a single person $100,000 a year to buy the amount of happiness one gains through lasting marriage.

We all know the Founding Fathers thought the pursuit of happiness an unalienable right. Moreover, the US Supreme Court has recognized marriage as an unenumerated civil right. So, here is a modest proposal:

If those opposing same sex marriage wish to be fair, they should offer $100,000 a year to each homosexual individual excluded from civil marriage.

That should just about balance things out, right?

The little things also count

Posted by bean | July 19th, 2004

Last week I commented on the right to presumed parenthood when one’s spouse gives birth. I think most recognize that right as a major benefit of marriage. As couples marry, it’s also worth keeping track of the little things. Today, Newsday.com reports that Geico will recognize same sex marriage when issuing car insurance policies (at least in NY state.)

It’s even better though. I initially, Geico refused. That prompted David Hroncich to contact other companies. So, Allstate, and State Farm both will now follow the New York state attorney general’s interpretation of state law and recognize same sex marriage when issuing insurance.

Of course, getting better car insurance is hardly the main point of marriage, as Hroncich says:

“Being married has felt really different,” he said. “I lived for three years with a committed partner, but it’s not the same as when you actually have this certificate.”

So, felicitations to Hroncich and his husband. And applause to the NY state for extending recognition to marriages performed out of state.

A Political Quiz!

Posted by bean | July 16th, 2004

I love these things: Red/Blue quiz.

I came out just to the red side of the center; the diagnosis was: “Time to get out of the sun, you’re looking a little Red.” (Although, this may surprise some, it is true. I am just to the right of the center. )
Read the rest of this entry »

Quote of the Day

Posted by bean | July 16th, 2004

Washington Blade quotes Lisa Rue, president and CEO of Friends First:

“Our message is abstinence until marriage, regardless of whether or not there is a debate on the issue of [gay] marriage at the state and federal level,” Rue said. “Gays get married and have ceremonies all the time.

I guess there are some conservatives who believe same sex marriage is already here. And maybe that’s a good thing!

Presumed Maternity: Part II

Posted by bean | July 16th, 2004

In “Presumed Maternity” I mentioned that, Dr. Susan Shell was under the impression gays and lesbians didn’t want presumed parenthood as part of marriage. She also suggested their desire to avoid presumed parenthood is a reason same sex marriage should not be enacted. That sounded wrong to me then; it still does.

The Boston Heraldreports:

Cora Roelofs and Liz Steinhauser are named as mother and “second parent” on a certificate issued by the town of Wellesley and approved by the state Department of Public Health.

Visit the paper, you’ll see the two women who look pretty darn happy! It seems they are very specifically happy with the right to presumed parenthood:

Roelofs and Steinhauser said yesterday that denying them recognition as legal parents is rooted in discrimination that was correctly labled as such in the court decision legalizing gay marriage.

Yes. I still think this is an important marital benefit advocates of same sex marriage long for.

Marriage Equality in the Yukon

Posted by bean | July 15th, 2004

Good news from CBC news

WHITEHORSE - The Yukon has become the fourth jurisdiction in the country to legalize gay marriages.
Justice Peter McIntyre ordered the Yukon government Wednesday to change its definition of marriage to, “the voluntary union for life of two persons, to the exclusion of all others”.

Looks like yesterday was a good day for North America!

What a hoot!

Posted by bean | July 14th, 2004

Appearing side by side at MarriageDebate.com, we see Maggie Gallagher’s and Ramesh Ponnuru’s separate takes on the 48 Yay- 50 Nay procedural vote regarding the FMA. Both Gallagher and Ponnuru have published articles on same sex marriage at NRO; let’s compare and contrast their takes on the following question.

Why didn’t the Democrats filibuster to prevent a vote?

Maggie Gallagher:

Republicans expected Democrats to filibuster the marriage amendment. But the sudden flood of phone calls, faxes and letters this week from supporters must have made an impression.

Well, I hadn’t read that reason in any other stories. She also suggests:

Democrats are afraid the Republicans will propose a streamlined, simplified marriage amendment: “Marriage in the United States shall consist solely of the union of a man and a woman.”

In contrast, Ramesh Ponnuru is under the impression

….Democrats were willing to allow an up-or-down vote on FMA, blocking both amendments and filibusters. Republicans decided to reject the offer, and so what we had was a vote on whether to vote on the FMA.

Ponnuru suggests three possible motives for the Republican’s decision to avoid the direct vote on the FMA. Reason number 2 is:

They thought they could make the Democrats look obstructionist, since they were voting against a vote. But that assumed that the media would not tell the full story of the rejected offer. That strategy has thus already failed.

(Bold added.)

So, no, it wasn’t all those faxes and phone calls. The Democrats weren’t afraid of the various rewritten versions of the amendment the Republicans were frantically preparing during the wee hours of the night. The Democrats didn’t filibuster because no political party filibusters when they are going to win the vote.

Reading Maggie’s article, it seems Ramesh is correct about motive #2. Not only that, looks like Maggie is out of the loop and is still hoping voters haven’t read it was the Republicans who decided to avoid the vote. Ramesh, give Maggie a buzz and let her know the full story leaked.

Voted down 50-48

Posted by bean | July 14th, 2004

Just in, email from Cheryl A. Jacques of the Human Rights Campaign:

Dear Lucia,

We did it! Just moments ago, the Federal Marriage Amendment lost in the Senate by a stunning, bipartisan vote of 50-48. We won this historic victory for two reasons: First, because the politics of division don’t work, and second: the votes were on our side.

To learn how your Senator voted, click here. (My Senators Durbin (D) and Fitzgerald (R) voted Nay and Yea respectively. )

Cheryl Jacques does warn the battle is not over. It is anticipated that next week the House will be discuss marriage equality. Naturally, y’all will be hearing more.

Political Word Games

Posted by bean | July 14th, 2004

In a comment posted today, July 14, 2004, Rich Lowry complains about Andrew Sullivan’s language:

Andrew Sullivan has been playing increasingly tendentious word games with the labels he applies to supporters and opponents of the FMA.

If I understand Lowry correctly, he is accusing Sullivan of using adjectives that favor his own point of view. Horrors!

Yet in an article, published just yesterday, Rich Lowery described John Edwards using these words:

John “Imminent” Edwards now has forgotten his earlier alarmism.

Tendentious. Not that there is anything wrong with that.

Leave it to the States!

Posted by bean | July 14th, 2004

From the paper I read when I eat my morning Cheerios , The Wall Street Journal, advising a “No” vote on the Allard-Musgrave amendment.

We’ll fly our own colors up front. We oppose the Allard-Musgrave amendment at the center of today’s procedural vote, on the grounds that it overreaches. Instead of some national definition of marriage, we’d prefer an amendment that reserves issues of family law for the arena where the Founders wanted such issues handled: the American people, acting through their elected state representatives.

So, the major point: leave it to the states.

Now a minor point:

Democrats led by Harry Reid agreed to allow the Senate to hold an up or down vote–but only on condition that no other amendment be considered.

I’m assume this means the Senate isn’t voting both versions I mentioned in my previous article. It sounds like the Dem’s forced the Rep’s to stick to the original two line version they worked so hard to bring forward– and then edit when they found even some Republicans don’t like it.

One or Two Lines?

Posted by bean | July 13th, 2004

One of the most interesting things about the proposed FMA act is that there are two versions, and supporters can’t even decide which one they want to propose.

Should the amendment consist of this sentence only:

“Marriage in the United States shall consist only of the union of a man and a woman.”

Or should they add this:

“Neither this Constitution, nor the constitution of any state, shall be construed to require that marriage or the legal incidence thereof be conferred upon any union other than the union of a man and a woman.”

According to Dallas/Fort Worth CBS11 news:

Proponents of the amendment said they included the second sentence to clarify that state legislatures — but not courts — could still establish laws recognizing civil unions and domestic partnerships between two people of the same sex.

Doesn’t it at least sound like the amendment would also prohibit voters from modifying their state constitutions to permit civil unions or domestic partnerships? Or if they modified them to permit these, those amendment must be set aside? If it reads that way, isn’t it possible a court would interpret it that way?

No matter what the answer to that question, I think Cheryl Jacques is correct when she says:

“I think it is outrageous and frankly surreal that at the 11th hour in this debate, they are literally rewriting the Constitution on the back of a napkin,” she said.

==== Afterward!
When I first posted, I failed to mention why there are two versions. The San Francisco Chronicle reports that the two sentence version, which the Republicans were pushing might fail to musters even a simple majority.

Seeking to lift their vote count among their rank-and-file, Republican leaders struggled to come up with alternative wording for the constitutional amendment that would reduce it to the first sentence of the proposed Federal Marriage Amendment by Sen. Wayne Allard, R-Colo.

Quantify Your Moral Position!

Posted by bean | July 13th, 2004

I can help but notice the vigorous debate about religion and ethics precipitated by Amp’s articles Is abortion a religious question? (78 comments so far) and Making Distinctions Between the Distinctions We Make (107 comments to date). Clearly, we all have different opinions about the correct way to make moral judgments.

Now, by way of Procrastination, I learn we can quantify our differences of opinion by taking this quiz. (I am, of course, a big fan of quantification. It permits me to spew forth statistics at some later time.)

My results:

1. John Stuart Mill (100%)
2. Epicureans (96%)
3. Aristotle (92%)
4. Aquinas (81%)
5. Kant (78%)
6. Jeremy Bentham (77%)
7. Ayn Rand (73%)
8. Spinoza (60%)
9. Prescriptivism (54%)
10. Stoics (54%)
11. Ockham (52%)
12. Jean-Paul Sartre (50%)
13. St. Augustine (41%)
14. Nietzsche (38%)
15. Cynics (36%)
16. David Hume (36%)
17. Plato (34%)
18. Thomas Hobbes (28%)
19. Nel Noddings (24%)

I am surprised to learn I am not a Cynic. I’m glad to see I agree with the Epicureans; I can now continue my diet of chocolate chip cookies and wine. As an apostate Roman Catholic, I was sort of hoping St. Augustine and Thomas Aquinas would fall to the bottom of my list. Alas, no.

Ditka for Senator?!

Posted by bean | July 13th, 2004

Well, I can’t help it. Once again, I’m going to discuss the Senate Race in Illinois. People may recall that everyone in the world, including me, commented on Candidate Jack Ryan’s little snafu. Ryan bowed out of the race.

Evidently, the GOP is having a trouble finding a replacement candidate. The rumor mill reports that they may draft Mike “Da Bears” Ditka as replacement candidate.

The story provides no hint about Ditka’s stands on any issues, but indicates he is a stalwart Republican and sees himself as very conservative.

I love the final two paragraphs in a Chicago Tribune article:

“I don’t know if Ditka would play [for voters] over the long term,” said one prominent Republican.

“But in a condensed process, if you don’t put him on until August, all of his crazy Ditka-isms could work.”

Read the rest of this entry »

Box Turtle Controversy

Posted by bean | July 13th, 2004

Andrew Sullivan and the Washington Post quote John Cornyn (R-Texas) speaking about the FMA:

“It does not affect your daily life very much if your neighbor marries a box turtle. But that does not mean it is right. . . . Now you must raise your children up in a world where that union of man and box turtle is on the same legal footing as man and wife.”

Later, Senator Corwyn’s press secretary denied that Senator Corwyn used the box turtle quote. The quote was included in his prepared speech but he skipped it.

Almost married!

Posted by bean | July 8th, 2004

This is, in some way, old news. Still, it’s always worth celebrating approaching milestones and this one’s just around the corner.

New Jersey’s domestic partner program will go into effect on Saturday, providing some marital benefits to partners. These include the right to make medical decisions, the right to file joint state tax returns, and the right to inherit property from a spouse tax free. The $28 registration fee is the same as for a marriage license.

It’s definitely marriage lite. Partners won’t be presumed parents of children born to their spouses during the partnership. They also don’t have the full inheritance rights that come with marriage and they won’t have standing to sue for injury or death of their spouse. As The Star Ledger reports:

Starting Saturday, same-sex couples in New Jersey will no longer be third-class citizens; they’ll gain the rank of second-class citizens with some — but not all — the privileges of first-class citizenship.

Interestingly, both same sex couples and heterosexual couples over the age of 62 qualify.

For those wondering, the act was passed by the legislature and signed by the Governor in January.
For more details, visit Findlaw

Write Your Senator!

Posted by bean | July 5th, 2004

The Senate is debating the FMA; a vote is expected in early July. Please write your senator! For more information on methods to express your opinion visit Take Action!

Presumed maternity.

Posted by bean | July 2nd, 2004

I believe in “The Liberal Case Against Gay Marriage, Dr. Susan Shell suggested that:

Few if any supporters of gay marriage, however, demand as a matter of central concern that each gay partner be automatically recognized as the parent of any child generated by the other.

Somehow, when I read that, it sounded simply wrong. Maybe that’s because so often, I read articles like this one in Law.com which discusses a lesbian non-biological co-mother who is suing for the right to be automatically recognized as the legal parent of the child she nurtured with her partner. Numerous gay and lesbian groups field amici curiae in favor of the non-biological co-mom, suggesting that Dr. Shell’s assumption that “few” supporters of gay marriage insist on the presumed parental rights that accompany marriage is seriously flawed.

In the linked article, a Los Angeles appeals court indicated a co-mom could be the presumed parent under California law.

“That statute, when read in a gender-neutral manner,” 2nd District Justice H. Walter Croskey wrote, “provides that a woman is presumed to be a parent of a child if ‘[she] receives the child into [her] home and openly holds out the child as [her] natural child.

The court also mentions that granting presumptive parenthood is in the interest of children:

“The act,” he wrote emphatically, “contemplates two legal parents irrespective of their gender. As a general proposition, it benefits both the child and the parents to identify as early as possible who is responsible for the child’s protection, guidance and care.”

So, at least in California, one need not be a male to be a presumed parent. One big reason for presumptive parenthood? The interest of the child. Can we say: Child-centered?

Cheney-esque

Posted by bean | June 28th, 2004

I always like new words, especially words named after people. Let’s face it, the word “Cheney-esque” has a certain “Je ne sais quoi” and it has been seeking a definition for some time. I think the correct definition has been found!

From Walter Dellinger at Slate:

I actually may have used a more “Cheney-esque” expression.

For comparison purposes, I will list some previous attempts.

From ScrappleFAce at Jewish World Review:

“Al Gore brings a Dick Cheneyesque gravitas to the Dean campaign,” said Ms. Brazile.

From Cyberalert:

Two noteworthy comments in Thursday night stories on Trent Lott: ABC’s Linda Douglass invoked Dick Cheney-esque mystery in saying that Lott appeared on radio shows by phone “from an undisclosed location.”

From Joshua Marshall at Talking Points Memo

After reading the speech several times it seemed to me that when you peeled away the Cheney-esque bluster you had a Powell-esque policy.

From Los Angeles magazine

Among the new owners are Shaquille O’Neal, Ben Affleck, and Eddie Murphy. GM, which teamed up with AM General, the Humvee manufacturer, maintains a Cheney-esque silence about the fuel efficiency of the 6.0-liter engine;

Dellinger has succeeded where others have failed. Cheney-esque! Or shall we spell it Cheneyesque?

The Liberal Case Against Gay Marriage

Posted by bean | June 25th, 2004

In a peculiarly odd article, Susan M. Shell presents “The Liberal Case Against Gay Marriage”. Referring to the article as “flawed but fascinating”, Eve Tushnet asks if we agree or disagree.

On the whole, I cannot answer Eve’s question; I can only read Dr. Shell’s article and repeat “huh”?

However, I thank Eve for suggesting we read this article. I recommend it highly; do not skip the part about not turning dead people into human lampshades!

It seems Dr. Shell tries to make a liberal case against same sex marriage. She ultimately proposes that we enact some sort of civil unions. These unions would be nearly indistinguishable from civil marriage. The proposed differences would be:

  1. There is no presumption of parenthood when a lesbian has a baby. If her wife wants to be the legal mother, she’ll have to adopt the baby formally. (I learn from Dr. Shell, that, evidently, homosexuals don’t want presumed parenthood of their spouse’s baby.)
  2. The unions might not have all the benefits of marriage. We aren’t told which they might lack.
  3. These unions would be available to anyone who wishes to enter them, including two sisters, homosexual couples, and evidently heterosexual couples. The couple is not required to have sexual relations.

Dr. Shell does mention a disadvantage of her proposal:

More important than the redrafting of tax laws or the calibration of some social policies, this resolution will undoubtedly leave many on both sides dissatisfied.

Yes. I suspect civil unions would leave many on both sides dissatisfied.

Divorce Records Unsealed

Posted by bean | June 22nd, 2004

I know most Alas readers are not following the Illinois race for the US Senate. Still, it’s an awfully fun race, and I don’t think anyone should miss this story in The Chicago Tribune and The Chicago Sun Times.

Now, some obvious questions. You’re Jack Ryan. You presumably have an IQ greater than 10. So:

  • You know the media will learn your divorce papers were sealed to hide juicy sexually oriented accusations. Whether the accusations are true or false, do you think the story isn’t going to come out if you run for the US Senate?
  • You originally requested that your divorce papers be sealed to protect your son from hearing juicy sexually oriented accusations. You want to continue to protect him. Do you run for Senator?
  • The Republican Party Chairwoman for the State of Illinois asks you directly whether the sealed divorce files contain anything embarrassing. Why do you answer “No”?
  • For that matter, you are Party Chairwoman Judy Baar Topinka. Do you believe files sealed to protect the Ryan’s son don’t contain embarrassing information?

Call me a cynic. But, why do I think Ryan wants to be Senator more than he wants to protect his son? Not that there is anything wrong with that.