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Mannix Porterfield reports for the Register-Herald that "the door is closed" for efforts to place a constitutional amendment banning gay marriage on the ballot.
As discussed earlier, Republicans in the House of Delegates tried to force a vote on the issue this week, but their procedural motion was defeated before the issue reached the floor. On Thursday, supporters of the amendment held a rally at the Capitol in an effort to urge State Senators to adopt the Joint Resolution.
However, after discussing the issue in Democrtic Caucuses, Sen. Jeffrey Kessler, Chairman of Senate Judiciary Committee, stated he does not plan to put the bill on his committee's busy agenda prior to the deadline next Wednesday for bills to pass from their House of origin.
Kessler noted that West Virginia already has a DOMA law defining marriage as between a man and a woman and questioned the urgency of the issue in light of more pressing issues such as unemployment and the economy.
"There doesn't seem to be any march to the courthouse by any gay couples to try to get married in this state," Kessler said afterward.
"It doesn't seem to be a problem. It appears to be more of a manufactured problem or crisis than it is to be one of actuality."
Kessler said he is yet to see anyone turned down at the courthouse seeking a marriage license, or even any homosexuals asking for one.
"I just don't see it being worthy of the limited time we have left to fight that battle,"
Kessler also commented, "I've always been very skeptical of making discriminatory behavior constitutional," Kessler said. "The Constitution, as I view it, protects the rights of the minority." (emphasis added)
Congratulations to Senator Kessler and other State Senators for having the courage to stand up against discrimination and focus the Legislature on more important issues affecting the lives of West Virginians.
Nearly three-and-a-half years later, the City of South Charleston has decided to settle the case for $5,000 and the standard round of political posturing. City officials now claim it would be irresponsible to spend taxpayer money on the case.
Well, City of South Charleston, if that is your position, why didn't you just give the kid the apology he asked for over three years ago?
Fairness WV's statement on today's historic Senate vote on the passage of the Hate Crimes Bill is at the fairnesswv.org site. This is the first piece of major legislation to recognize the entire LGBT community. It allows US Attorneys to prosecute crimes that might not otherwise be prosecuted by local law enforcement because of stereotypes and prejudice. Fairness thanks out entire congressional delegation for supporting the bill. Although Senator Byrd was not present for the final vote for the bill, he voted for cloture earlier in the day. Senator Rockefeller, Congresswoman Capito, Congressman Mollohan, and Congressman Rahall all voted for the bill. Fairness WV lobbied all five of our federal legislators.
Via WV26003 in the comments, this youtube of the Senate debate on the SB 238 to outlaw workplace and housing discrimination against people who are gay.
But Senate Minority Leader Don Caruth said his opposition to the bill was because it's unnecessary. The bill defines "sexual orientation" as "heterosexual, homosexual or bisexual," which he says includes everyone.
So is Caruth not in opposition on the merits, but because it's redundant legislation? Does that mean he opposes the gay marriage ban on the same grounds, that it's not unnecessary because of existing law?
In an historic vote, the West Virginia Senate just passed Senate Bill 238 banning discrimination in employment and housing based on sexual orientation. All of our supporters who called and emailed this week put us over the top. This is a big victory for us, but the fight isn't over.
Here are two things you can do today to help us move this bill from the House of Delegates to Governor Manchin's desk.
Tell your friends and family to sign up for Fairness West Virginia: the more voices we have, the more effective we can be.
This is a major step forward for us. As sponsors of the legislation, Senators Brooks McCabe, Jeff Kessler, Dan Foster, Herb Snyder, and Erik Wells worked hard to get us to this point. We honor their courage and thank them and the rest of the Senators who voted for fairness. But now we need to finish the job. No one should ever be fired from their job or denied housing because of their sexual orientation. With your help, we can ensure that everyone in West Virginia is treated fairly under the law.
Please take a few minutes today to tell your friends and family about this legislation and contribute to Fairness West Virginia.
The bill will move to the House soon, and we'll keep you updated on its progress.
Thanks,
Stephen Skinner
Congratulations to the ACLU of West Virginia which has done tremendous work on this issue from the beginning.
Our own WV26003 points to this WV Metro News link which has audio from today's vote.
Here's a breakdown on the votes:
Here is a complete list of how the WV Senate voted on SB 238.
Voting yes - Bowman, Browning, Chafin, Edgell, Fanning, Foster, Guills (R), Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Prezioso, Snyder, Unger, Wells, White, Williams, Yost, and President Tomblin.
Voting no - Barnes, Boley, Caruth, Deem, D. Facemire (D), K. Facemeyer, Green (D), Hall, Stollings (D), and Sypolt.
Absent - Plymale.
This is tremendous news. This is about equality and if that's not important to you it's also about the state's economy. Many major corporations, including those that give primarily to Republicans like Lockheed Martin and Marriott, have "gay friendly" work places. When they look to locate their offices, one of the factors they consider is they want to move to locations that make sure all of their employees are treated equally.
On to the House of Delegates!
UPDATE:
Here's an email from the Senate Bill 238 Coalition:
Subject: We Passed the Senate
Friends,
We have passed the State Senate. The Vote was 23 for, 10 against, and 1 Senator absent.
Be sure to check your local media outlets for coverage of the vote including floor speeches in support of the initiative from Senators McCabe, Wells, Palumbo (D's-Kanawha), and the powerful closing argument from Senator Jeff Kessler (D-Marshall).
A more specific update will be coming in the next few days. We are hard out work mapping out our House strategy.
But for now, please take time to do two things.
1. Give yourself a pat on the back. Your calls and emails have made a decisive difference during this campaign. We would not be here without you, and you should take time to appreciate the first half of this victory.
2. Spread the word and build this group. There will be a lot of positive media surrounding today's passage. When you see stories in the papers or on the news, please look them up online and pass the links around to your progressive friends and ask that they become a part of this group. Today was a big win, but let me tell you, the real work has only started.
The rightwing will spare no expense on defeating our Bill. We have a streetfight on our hands and will need as many people as possible making calls and sending emails to legislators to put this through the House of Delegates.
So, if you have friends in West Virginia and outside the state whom you believe are sympathetic to the cause of equal treatment of ALL Americans, send them a link to a news story and ask that they join this group.
Outlets that will have coverage are WSAZ-channel 3, Charleston-Huntington, The Charleston Gazette, The Charleston Daily Mail, and West Virginia Public Broadcasting.
Thank you again for your hard work. Rest assured, I will be asking for it again.
First Statewide Gay Advocacy Organization Launches in West Virginia
Fairness West Virginia sees ending employment and housing discrimination as top priorities
(Charleston, WV, March 10, 2009) Today, West Virginians announced the formation of the new statewide civil rights organization committed to ensuring fair treatment for all gay and lesbian people in the state.
Fairness West Virginia's mission is to ensure gay people are treated safely and fairly in their homes, at work and in their communities.
"Discrimination in any form is unjust regardless of an individual's real or perceived sexual orientation," said Stephen Skinner, a member Fairness West Virginia's Board of Directors and an attorney.
The organization seeks to cooperate with both the public and private sector to enact policies that reflect West Virginia's values and to send a signal to the rest of the nation-especially to corporate America-that we are open for business for everyone.
A dozen citizens-both gay and straight-from diverse backgrounds including a doctor, a university professor, several businessmen and women, lawyers, among others, are the volunteers behind the creation of the new organization. They are Democrats, Republicans, and Independents who believe fairness transcends partisan politics.
"Our immediate call to action is to achieve the membership goal of 1,000 West Virginians for Fairness in Twenty Days," said board member Christopher Turman of Moorefield.
"We represent the diversity of Appalachia and our membership is open to everyone-gay and straight-who believes in fundamental fairness," said board member Donald Hall, a distinguished professor at West Virginia University, adding "I encourage the public to visit www.FairnessWV.org to learn more and to become involved."
Yesterday, the Senate Judiciary Committee debated and passed out SB 238 to the full Senate for a vote. The good news is that we have gotten our Bill out of committee, and are headed for a floor vote.
Unfortunately, the provisions regarding protections for gender identity were removed via amendment during the committee process. We are dissapointed that protections for West Virginia's transgendered population were removed, but we also recognize that the Bill is moving and heading for a vote on the floor of the State Senate.
TWO Demands Family Policy Council of West Virginia Take Down Sniper Ad
NEW YORK - Truth Wins Out (TWO) called on The Family Policy Council of West Virginia to immediately remove an online video ad that compares same-sex marriage supporters to snipers targeting families. The goal of the ad is to rally supporters to lobby in favor of amending West Virginia's constitution to prohibit same sex couples from marrying.
"This kind of overheated rhetoric creates a climate where hate crimes can occur," said Truth Wins Out's Executive Director Wayne Besen. "We demand that The Family Policy Council of West Virginia apologize and take down this violent ad. This video is reckless, wrongheaded and irresponsible."
In the Federal Bureau of Investigation's latest hate crime report, such crimes based on sexual orientation were ranked third (16%), slightly below religion (19%) and race (52%). The ad is part of a plan to get hundreds of churches across West Virginia to participate in a "Stand4Marriage Sunday'' on March 1.
According to the Associated Press, "about a minute into the video, the crosshairs of a rifle scope appear over the image of a family blowing bubbles." The narrator warns that "same-sex marriage is a closer reality in West Virginia than you may think,'' and that activists are "working tirelessly to define marriage away from God's design.''
The AP also reports that The Family Policy Council of West Virginia, has yet to register as a charity with state officials, though it's reported raising enough to trigger that requirement.
"The Family Policy Council is not above the law," said Besen. "The state of West Virginia has an obligation to immediately investigate and ensure they are following the rules."
Like other attempts to ban marriage in state constitutions, there is evidence that this effort is no more than a sneaky attempt to elect Republicans. The AP story said that both of the council's Web sites were created with the help of CampaignSecrets.org, a Georgia firm that says it is "focused exclusively on electing Republicans to local office.''
Such "Family Councils" are often tied to Focus on the Family, an organization that runs the Love Won Out conference that teach homosexuals to "pray away the gay."
"This is a golden opportunity for Focus on the Family to demonstrate their professed love for gay people by reining in their renegade offshoot in West Virginia," said Besen.
Truth Wins Out is a non-profit organization that defends gay, lesbian, bisexual and transgender people from anti-gay lies. TWO also counters the "ex-gay" myth and educates America about gay life.
There are many reasons why Democrats - whether straight or gay - should support equality for gays. From a society standpoint, it is wrong to treat an group of people as second-class citizens. The arguments that allowing gays to marry or have civil unions will hurt traditional marriage is a straw man, often put forth by people with history of serial adultery and divorces. If they truly wanted to "protect" marriage, they would outlaw divorce. But we cannot let our desire to see full equality for gays be used as a smoke screen as they seek to legalize their "right" to discriminate, to be bigoted and homophobic. California's Prop 8 is important, but we've got our own fight here.
Seth DiStefano of the West Virginia ACLU has a great column in the Charleston Gazette today about what the bigots and homophobes are really up to in West Virginia and where we need to make our stand
As many will remember, landmark legislation protecting West Virginia's gay and lesbian community nearly passed the 2008 legislative session. Supported by a diverse coalition that included leaders from business, labor, faith and others, Senate Bill 600 passed the State Senate unanimously and was reported strongly out of House Judiciary before being held over in the Rules committee. The prospects for this legislation look very good for the upcoming legislative session, and those opposed to fair treatment for all West Virginians know it. Therefore, they have decided to try and change the subject, even going as far as to arrogantly assail our state's governor in two op-ed pieces and on local talk radio.
The promoters of this diversion have no intention of garnering support for their latest wild goose chase. What they are after is the defeat of comprehensive nondiscrimination legislation such as Senate Bill 600.
These right-wing ideologues learned a valuable lesson last time around. West Virginians do not believe that it is all right to take away a person's livelihood or home because of their sexual orientation. That sentiment is reflected in the tremendous progress Senate Bill 600 made during the 2008 Legislature, as well as in the continuity of support the measure has received since then. Legislators know that now is the time for West Virginia to remedy this wrong, and the right wing, whose hatred runs so deep that they would still fight to take away people's homes and livelihood based strictly on their sexual orientation, knows they have to change the subject, and quickly. So, they have set their sights on a non-issue here in West Virginia - marriage equality.
We need to take the energy and support for gay marriage and make certain those activists and supporters are focused on Senate Bill 600.
Legislation on housing and employment is not as exciting as the worthy goal and importance of marriage, but it is important to win these fights against discrimination. To do that, we've got to focus like a laser to persuade the delegates and senators in Charleston.
PARKERSBURG - West Virginia's reluctance to recognize marriages or unions between same-sex couples creates a problem for gay citizens in committed relationships.
The Mountain State's stance on gay marriage is a stark contrast to the recent order issued by New York Governor David Paterson telling state agencies to recognize same-sex unions performed in states and countries where they are legal.
Charlie Rouse, president of the West Virginia Foundation for Equality, said West Virginia's Defense of Marriage Act signed into law during the administration of Gov. Cecil Underwood prohibits the state from acknowledging marriages occurring between members of the same gender. Rouse said that includes same gender marriages conducted legally in other states.
"Currently no challenges to this law are pending in state courts, although we are hoping awareness on this discrimination is brought to light," Rouse said.
snip
Large companies often recognize diversity as necessary, Rouse said. This philosophy does not mesh with the state's stance.
"Essentially, because we don't embrace diversity in West Virginia we lose jobs," he said.
Jimmy Pickett, PFLAG representative of the Upper Ohio Valley, said it is difficult to get government officials to fight for gay rights in West Virginia.
"In Wheeling, we have a Human Rights Commission which has asked the mayor and city council to include the gay, lesbian, bisexual and transgender community in the protected class of people, but they will not fight for this issue. I was a human rights commissioner who resigned because I did not think the other members of the commission were committed to including GLBT individuals and families in protected classes," Pickett said.
In five years only the most radical fringe will oppose equality on marriage for gays.
Teh ghays have been getting married in California for about 24 hours now and nothing - absolutely nothing - about it has affected us here in West By God Virginia.
I'm still married to Ms. Carnacki. She still took the kids to Vacation Bible School. Vacation Bible School is still going on. My tomato plants still need staked.
Nothing about teh gays getting married has affected us.
While the rightwingers have wanted to tell us the world is going to end, it hasn't. It's going to keep on spinning.
The truth is Republicans have used the issue to stir up their base, but once the public sees it doesn't change the price of gas, impact overcrowded classroom sizes or affect their lives in any way, it's not going to work as a wedge issue any more. Then the GOP will have to run on their true platform of helping the rich get richer at the expense and health of everyone else.
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