Politics
Q&A: Issues, Possible Legal Outcomes in Gay Marriage Cases
In this June 26, 2013, file photo, Sean Lewrence, of Philadelphia, holds up a flag during a rally for gay marriage, on Independence Mall in Philadelphia. A federal appeals court on Thursday, Nov. 6. 2014, upheld anti-gay marriage laws in four states, breaking ranks with other courts that have considered the issue and setting up the prospect of Supreme Court review. (AP Photo/Matt Slocum, File)
Mark Sherman, ASSOCIATED PRESS
WASHINGTON (AP) — Just two years ago, the Supreme Court struck down part of the federal anti-gay marriage law that denied a range of government benefits to legally married same-sex couples.
The decision in United States v. Windsor did not address the validity of state marriage bans, but courts across the country, with few exceptions, said its logic compelled them to invalidate state laws that prohibited gay and lesbian couples from marrying.
The number of states allowing same-sex marriage has grown rapidly. As recently as October, just over one-third of the states permitted same-sex marriage. Now, same-sex couples can marry in 36 states and the District of Columbia. A look at what is now before the Supreme Court, and the status of same-sex marriage around the country:
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WHAT’S LEFT FOR THE SUPREME COURT TO DO AMID ALL THIS CHANGE?
The justices on Tuesday are hearing extended arguments, scheduled to run 2½ hours, in highly anticipated cases about the right of same-sex couples to marry. The cases before the court come from Kentucky, Michigan, Ohio and Tennessee, all of which had their marriage bans upheld by the federal appeals court in Cincinnati in November. That appeals court is the only one that has ruled in favor of the states since the 2013 Windsor decision.
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WHAT’S AT STAKE?
Two related issues would expand the marriage rights of same-sex couples. The bigger one: Do same-sex couples have a constitutional right to marry or can states continue to define marriage as the union of a man and a woman? The second: Even if states won’t allow some couples to marry, must they recognize valid same-sex marriages from elsewhere?
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WHAT ARE THE MAIN ARGUMENTS ON EACH SIDE?
The arguments of marriage-rights supporters boil down to a claim that states lack any valid reason to deny the right to marry, which the court has earlier described as fundamental to the pursuit of happiness. They say state laws that allow only some people to marry violate the Constitution’s guarantee of equal protection under the law and make second-class citizens of same-sex couples and their families. Same-sex couples say that preventing them from marrying is akin to a past ban on interracial marriage, which the Supreme Court struck down in 1967.
The states respond that they have always set the rules for marriage and that voters in many states have backed, sometimes overwhelmingly, changes to their constitutions to limit marriage to a man and a woman. They say a lively national debate is underway and there is no reason for courts to impose a solution that should be left to the political process. The states also argue that they have a good reason to keep defining marriage as they do. Because only heterosexual couples can produce children, it is in the states’ interest to make marriage laws that encourage those couples to enter a union that supports raising children.
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IS THE OBAMA ADMINISTRATION PLAYING A ROLE?
The administration is backing the right of same-sex couples to marry, although its argument differs in one respect. The plaintiffs say that the state laws should fall, no matter what standard the court applies. The administration calls for more rigorous scrutiny than courts ordinarily apply to most laws, saying it is appropriate when governments discriminate against a group of people. That already is the case for claims that laws discriminate on the basis of race, sex and other factors. But the administration is silent about what the outcome should be if the court does not give gays the special protection it has afforded women and minorities.
The Justice Department’s decision to stop defending the federal anti-marriage law in 2011 was an important moment for gay rights, and President Barack Obama declared his support for same-sex marriage in 2012.
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WHAT HAPPENS IF THE COURT STRIKES DOWN THE STATE BANS?
A ruling that same-sex couples have a right to marry would invalidate the remaining anti-gay marriage laws in the country. If the court limits its ruling to requiring states to recognize same-sex unions, couples in states without same-sex marriage presumably could get married elsewhere and then demand recognition at home.
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WHAT HAPPENS IF THE COURT RULES FOR THE STATES ON BOTH QUESTIONS?
The bans in 14 states would survive. Beyond that, confusion probably would reign. Some states that had their marriage laws struck down by federal courts might seek to reinstate prohibitions on gay and lesbian unions. Questions also could be raised about the validity of some same-sex weddings. Many of these problems would be of the Supreme Court’s own making.
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WHY IS THAT?
From October to January, the justices first rejected appeals from states seeking to preserve their marriage bans, then allowed court rulings to take effect even as other states appealed those decisions. The result is that the court essentially allowed the number of states with same-sex marriage to double.
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WHERE IS SAME-SEX MARRIAGE LEGAL?
Same-sex couples can marry in 36 states, the District of Columbia and parts of Missouri. More than 500 marriage licenses were issued to same-sex couples in Alabama this year after a federal court struck down the state’s ban. But probate judges have not issued any more licenses to gay and lesbian couples since the Alabama Supreme Court ordered a halt to same-sex unions in early March.
Gay and lesbian couples may not marry in Alabama, Arkansas, Georgia, Kentucky, Louisiana, Michigan, Mississippi, most of Missouri, Nebraska, North Dakota, Ohio, South Dakota, Tennessee and Texas.
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HOW MANY MARRIED SAME-SEX COUPLES ARE THERE IN THE U.S.?
Gary Gates, an expert at UCLA’s Williams Institute on the demography of gays and lesbians in the U.S., estimated that there were 350,000 married same-sex couples as of February. Gates relied on Gallup Inc. survey data and Census Bureau information to arrive at his estimate. That’s just 0.3 percent of the nation’s 242 million adults, Gates said. Almost as many same-sex couples are unmarried, Gates said.
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WHAT ARE THE NEXT ISSUES FACING GAY RIGHTS?
One fight in the news this year is over efforts to carve out religious exemptions for people and institutions that object to same-sex marriage. It is clear that churches do not have to marry same-sex couples if doing so violates their religious tenets, but what about county clerks? Can photographers refuse to shoot same-sex weddings? Can bakers decline to bake a cake for two men? Civil rights groups say they will continue pressing for other protections from discrimination against LGBT people in employment and housing, among other areas. Even if same-sex couples win the right to marry everywhere, people still can be fired because of their sexual orientation in more than half the states.
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Online:
Supreme Court: http://www.supremecourt.gov
Follow Mark Sherman on Twitter at: http://www.twitter.com/shermancourt.
Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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Black History
Oakland Protesters Rally to Defend Haitian Immigrants and TPS
The Haiti Action Committee traces its roots to the international movement that emerged following Haiti’s 1991 military coup, which overthrew the nation’s first democratically elected president, Jean-Bertrand Aristide. Political violence sent thousands of Haitians fleeing the country, while U.S. policies resulted in refugees being intercepted at sea, repatriated, or detained at Guantanamo Bay.
Protesters gathered in downtown Oakland near City Hall at 14th Street and Broadway on Thursday, Aug. 13, calling for protections for Haitian immigrants and an end to deportation policies affecting Haitian communities across the United States.
Organized as a call to action by the Legalization for All Network and supported by the Haiti Action Committee and other community organizations, the demonstration carried a clear message: “Defend TPS! Legalization, Not Deportation!”
Participants focused attention on the termination of Temporary Protected Status, or TPS, for Haiti and immigration policies protesters described as continuing attacks on Haitian immigrants under the Trump administration.
Haitian Romaine Charite of the Freedom Road Socialist Organization urged demonstrators to stand with Haitian families and led chants:
“When Haitians are under attack, what do we do? We fight back.”
Injustice to one is an injustice to us all.”
“Dump Trump!”
Charite and other protesters condemned the federal government’s treatment of Haitian immigrants, describing the policies as an attack on a population already facing extraordinary hardship.
Haiti’s TPS designation was terminated effective July 27, 2026, removing temporary deportation protections and work authorization for hundreds of thousands of Haitian beneficiaries who lacked another legal basis to remain in the United States.
Gerald Smith, a protester and former member of the Black Panther Party during the 1970s, said Haitians were being unfairly targeted and warned that ending TPS would have a devastating impact on Haitian families and communities.
“These policies are racially motivated and unfair,” Smith said. “Everyone deserves the right to self-determination and protection from persecution.”
The Haiti Action Committee cited the continuing political, economic and humanitarian crisis in Haiti as evidence that returning large numbers of immigrants to the country could place already vulnerable people at greater risk.
The Oakland gathering, which drew about 20 participants, reflected a decades-long history of Bay Area activism surrounding Haitian democracy, refugee rights and U.S. immigration policy.
The Haiti Action Committee traces its roots to the international movement that emerged following Haiti’s 1991 military coup, which overthrew the nation’s first democratically elected president, Jean-Bertrand Aristide. Political violence sent thousands of Haitians fleeing the country, while U.S. policies resulted in refugees being intercepted at sea, repatriated or detained at Guantanamo Bay.
Those policies sparked protests involving Haitian communities, Black activists, artists, college students, churches, labor organizations and human rights advocates. Prominent figures, including dancer and activist Katherine Dunham, tennis champion Arthur Ashe, and TransAfrica leader Randall Robinson, joined campaigns challenging the treatment of Haitian refugees.
In 1992, Haiti Action Committee joined other Bay Area organizations in a dramatic demonstration on San Francisco Bay. Boats carrying Haitian participants were intercepted by the U.S. Coast Guard while supporters gathered along the waterfront and reportedly chanted, “Let Them Land!”
More than three decades later, protesters have returned to the streets of Oakland, centering on protecting Haitian immigrants, opposing deportation and pressing for immigration policies that provide families with a pathway toward permanent legal residency.
For more information, visit Haitisolidarity.net.
Community
First 5 Alameda County Celebrates First Year of Measure C’s Implementation
Measure C, a community-led and voter-approved half-cent sales tax, was designed to generate approximately $150 million annually for early care and education. During its first year, the initiative reached more than 20,000 children and supported more than 6,400 early educators and caregivers throughout the county.
First 5 Alameda County marked the first anniversary of the impact of Measure C with a community celebration Friday, Aug. 7, at Children’s Fairyland in Oakland, highlighting more than $135 million invested to strengthen early childhood education, families and caregivers across Alameda County.
The celebration brought together families, educators, caregivers, advocates, elected officials and community leaders for an evening of music, cultural performances, and children’s activities.
“Oakland is on the move,” said Oakland Mayor Barbara Lee, commending all the advocates who helped win the victory for early childhood education and their providers.
Measure C, a community-led and voter-approved half-cent sales tax, was designed to generate approximately $150 million annually for early care and education. During its first year, the initiative reached more than 20,000 children and supported more than 6,400 early educators and caregivers throughout the county.
First 5 Alameda County CEO Kristin Spanos said, “In the first 10 months of Measure C being available after the Board of Supervisors adopted the 5-year plan, we’ve had over $135 million put directly into the community supporting children and providers with emergency grants, investments, and stipends.”
First 5 Alameda County, the public agency responsible for administering Measure C, focused on quickly moving voter-approved dollars into local communities while developing partnerships, accountability measures, and infrastructure intended to create long-term impact.
Alameda County District 5 Supervisor Nikki Fortunato Bas: “We’re celebrating the first year of getting money into families’ pockets and childcare providers’ pockets. This is about deploying very vital resources over the course of five years. It’s a billion-dollar impact.”
Community Advisory Council member Nancy Harvey said, “We are totally excited. It was a 10-year fight, and we fought tooth and nail. We had so much support from County Supervisors Nate Miley and Nikki Fortunato Bas, the unions, and the late Supervisor Wilma Chan. This is a historic event – people are watching Measure C all over the nation.”
Harvey explained that small childcare providers received a $40,000 grant, and larger providers received a $50,000 grant.
Childcare advocate and provider Lisa Zarodney of Livermore said, “When I got my emergency funds, I was about to close. The stipend allowed me to continue through 2026 and get all the babies on my wait list.”
In business for 27 years, Zarodney said she is now caring for the children of past clients.
“I couldn’t continue my legacy, my dream, and my passion without the funding from Measure C.”
Harvey emphasized that he next leg of the fight is to ensure workers have a sustainable wage.
“We are now pushing to raise the wage of workers to $25 to keep doors open and people employed,” she said.
First 5 Alameda County’s vision is to build an integrated and equity-centered early childhood system supporting children, families, and communities regardless of race, income, or neighborhood. As administrator of Measure C, the agency has worked to expand access to early care and education, strengthen family stability, and support the providers and caregivers families rely upon.
Through Measure C and partnerships with initiatives including the Oakland Children’s Initiative, First 5 Alameda County has sought to reduce fragmented services and better coordinate public resources.
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Commentary
From Palestine to Oakland: Seeds for Liberation Examines Shared Struggles for Freedom
The screening was hosted by the East Bay Democratic Socialists of America and the Dr. Huey P. Newton Foundation. Following the film, director Matthew Solomon joined local community leaders for a discussion about solidarity, resistance, and the historical connections explored throughout the documentary.
Community members gathered at the Black Panther Party Museum on Saturday, Aug. 15, in downtown Oakland for a screening of “Seeds for Liberation,” an award-winning documentary examining the Palestinian liberation movement and its connections to Black, Chicano and other movements for collective liberation.
The film reveals the face of conflict, struggle, and injustice today and yesterday. In one scene, a bleeding child pleads for help on a shell-shattered rooftop after a bombing in the Gaza Strip last year. In another scene, newly freed Nelson Mandela addresses thousands at the Oakland Coliseum in 1990, at the end of apartheid.
The screening was hosted by the East Bay Democratic Socialists of America and the Dr. Huey P. Newton Foundation. Following the film, director Matthew Solomon joined local community leaders for a discussion about solidarity, resistance, and the historical connections explored throughout the documentary.
Directed by Solomon and executive-produced by Donna Hadjikhani and Alana Hadid, “Seeds for Liberation” situates Palestinian experiences within the broader history of anti-imperialist and decolonial movements.
Through interviews with historians, legal scholars, activists and organizers, the documentary examines Palestinian resistance. It also details the role of social media in shaping the public’s understanding of the impact of Palestine’s 77-year occupation by Israeli forces, events in Gaza and the West Bank, and relationships between liberation movements across generations and geographic boundaries.
The film includes perspectives of people connected to the Black Liberation Army, La Raza Unida and the Stop Cop City movement. Those featured talk about colonialism, U.S. foreign policy, policing, racial justice and their views of what solidarity with Palestinians has meant.
Solomon developed the documentary following his previous film, “Reimagining Safety,” which explored alternatives to traditional policing.
“I use film as a medium to connect personal testimony with larger social and political questions,” said Solomon, who is currently touring the film across the nation as well as Canada and other countries.
Executive producer Hadjikhani brought a personal connection to the project. An Iranian American designer and social justice advocate, she traveled to Gaza and the West Bank as a college student in 1993 during the First Intifada. Hadid has since focused on Palestinian stories and other underrepresented voices.
The Oakland screening carried added historical significance because it was held in the Black Panther Party Museum, where the history of Black resistance and community organizing provided a backdrop for the film’s examination of interconnected struggles.
Activist and artist Cat Brooks passionately spoke about the fight for the freedom of all people. “No one is free until everyone is free,” she said.
Brooks played a key role in the struggle for justice for Oscar Grant, who was gunned down by a BART police officer in 2009 and is co-founder of the Anti Police-Terror Project (APTP), whose mission is to rapidly respond to and ultimately eradicate state violence in communities of color.
Rather than treating liberation movements as isolated chapters, “Seeds for Liberation” asks audiences to consider how movements separated by time, race and geography have influenced one another and how solidarity has continued to evolve across generations.
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