02 February 2004 - (Link
to this entry) (Comment)
Congress added the 14th Amendment to the Constitution in 1866
and it was ratified by the states in 1868. Well...not quite.
Ohio only ratified the 14th Amendment this year, 136 years late.
Ohio wasted no time, however, in passing a bill both banning
gay marriage and the recognition of civil unions performed in other states.
An interesting note: The same Ohio bill which bans gay marriage allows
men over 18 years of age to marry girls as young as 16.
Text of the Ohio bill banning gay marriage:
(New sections are underlined, language to be removed is struck through.)
A BILL
To amend sections 3101.01 and 3105.12 of the Revised Code to specifically
declare that same-sex marriages are against the strong public policy of
the state, to declare that the recognition or extension by the state of
the specific statutory benefits of legal marriage to nonmarital relationships
is against the public policy of the state, and to make other declarations
regarding same-sex marriages.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3101.01 and 3105.12 of the Revised Code be
amended to read as follows:
Sec. 3101.01.
(A) Male persons of the age of eighteen years, and
female persons of the age of sixteen years, not nearer of kin than second
cousins, and not having a husband or wife living, may be joined in marriage. A
marriage may only be entered into by one man and one woman. A minor must shall first obtain the consent of the minor's parents, surviving parent,
parent who is designated the residential parent and legal custodian of
the child minor by a court of competent jurisdiction,
guardian, or any one of the following who has been awarded permanent custody
of the minor by a court exercising juvenile jurisdiction:
(A)(1) An adult person;
(B)(2) The department of job and family services
or any child welfare organization certified by such the department;
(C)(3) A public children services agency.
A (B) For the purposes of division (A) of this
section, a minor shall not be required to obtain the consent of a parent
who resides in a foreign country, has neglected or abandoned such the minor
for a period of one year or longer immediately preceding the minor's application
for a marriage license, has been adjudged incompetent, is an inmate of
a state mental or correctional institution, has been permanently deprived
of parental rights and responsibilities for the care of the childminor and the right to have the child minor live with
the parent and to be the legal custodian of the childminor by a court exercising juvenile jurisdiction, or has been deprived of parental
rights and responsibilities for the care of the childminor and the right to have the child minor live with
the parent and to be the legal custodian of the childminor by the appointment of a guardian of the person of the minor by the probate
court or by any other another court of competent jurisdiction.
(C)(1) Any marriage between persons of the same sex is against the
strong public policy of this state. Any marriage between persons of the
same sex shall have no legal force or effect in this state and, if attempted
to be entered into in this state, is void ab initio and shall not be recognized
by this state.
(2) Any marriage entered into by persons of the same sex in any other
jurisdiction shall be considered and treated in all respects as having
no legal force or effect in this state and shall not be recognized by this
state.
(3) The recognition or extension by the state of the specific statutory
benefits of a legal marriage to nonmarital relationships between persons
of the same sex or different sexes is against the strong public policy
of this state. Any public act, record, or judicial proceeding of this state,
as defined in section 9.82 of the Revised Code, that extends the specific
statutory benefits of legal marriage to nonmarital relationships between
persons of the same sex or different sexes is void ab initio. Nothing in
division (C)(3) of this section shall be construed to do either of the
following:
(a) Prohibit the extension of specific benefits otherwise enjoyed
by all persons, married or unmarried, to nonmarital relationships between
persons of the same sex or different sexes, including the extension of
benefits conferred by any statute that is not expressly limited to married
persons, which includes but is not limited to benefits available under
Chapter 4117. of the Revised Code;
(b) Affect the validity of private agreements that are otherwise
valid under the laws of this state.
(4) Any public act, record, or judicial proceeding of any other state,
country, or other jurisdiction outside this state that extends the specific
benefits of legal marriage to nonmarital relationships between persons
of the same sex or different sexes shall be considered and treated in all
respects as having no legal force or effect in this state and shall not
be recognized by this state.
Sec. 3105.12. (A) Except as provided in division (B) of this section,
proof of cohabitation and reputation of the marriage of a man and woman
is competent evidence to prove their marriage, and, in the discretion of
the court, that proof may be sufficient to establish their marriage for
a particular purpose.
(B)(1) On and after the effective date of this amendmentOctober
10, 1991, except as provided in divisions (B)(2) and (3) of this section,
common law marriages are prohibited in this state, and the marriage of
a man and woman may occur in this state only if the marriage is solemnized
by a person described in section 3101.08 of the Revised Code and only if
the marriage otherwise is in compliance with Chapter 3101. of the Revised
Code.
(2) Common law marriages that occurred in this state prior to the effective
date of this amendment October 10, 1991, and that have
not been terminated by death, divorce, dissolution of marriage, or annulment
remain valid on and after the effective date of this amendmentOctober
10, 1991.
(3) Common law marriages that satisfy all of the following remain valid
on and after the effective date of this amendment October
10, 1991:
(a) They came into existence prior to the effective date
of this amendment October 10, 1991, or come into existence
on or after that date, in another state or nation that recognizes the validity
of common law marriages in accordance with all relevant aspects of the
law of that state or nation.
(b) They have not been terminated by death, divorce, dissolution of
marriage, annulment, or other judicial determination in this or another
state or in another nation.
(c) They are not otherwise deemed invalid under section 3101.01 of the
Revised Code.
(4) On and after the effective date of this amendmentOctober
10, 1991, all references in the Revised Code to common law marriages
or common law marital relationships, including the references in sections
2919.25, 3113.31, and 3113.33 of the Revised Code, shall be construed to
mean only common law marriages as described in divisions (B)(2) and (3)
of this section.
Section 2. That existing sections 3101.01 and 3105.12 of the Revised
Code are hereby repealed.
Section 3. In enacting new division (C) of section 3101.01 of the Revised
Code in this act, all the following apply:
(A) The General Assembly declares and reaffirms the state of Ohio's
historical commitment to the institution of marriage as a union between
a man and a woman as husband and wife.
(B) The General Assembly declares its intent to define marriage and
clarify that relationships that are intended as substitutes for marriage,
including but not limited to "civil unions" as provided for in Vt. Stat.
Ann. tit. 15, §1202 (2003), will not be recognized in this state.
It is not the intent of the General Assembly to prohibit the extension
of specific benefits otherwise enjoyed by all persons, married or unmarried,
to relationships between persons of the same sex or different sexes.
(C) The General Assembly declares its intent not to make substantive
changes in the law of this state that is in effect on the day prior to
the effective date of this act with respect to the validity of marriages
heretofore occurring within this state.
03 February 2004 - (Link
to this entry) (Comment)
Midnight plus one minute. I just completed
building the multi-media entertainment for Ba-da-Bingo this Thursday.
Please, please, please! Stop sending missives
asking if I have a secret stash of tickets. Ba-da-Bingo sold out
two
weeks ago. Tickets for future nights are available by
clicking here. (I considered posting some of the better messages
but decided doing so may be cruel.)
Please, please, please! Stop sending notes
attempting to convince me Maine is much too cold a place to live. I spent two winters in Idaho.
Cold scares me not. (Most of these notes come from Californians who
also want Ba-da-Bingo tickets - see above.)
I need some information. I have two cats
who need to move to Maine with me. I am considering using a professional
pet transporter. This means the cats travel in the pressurized cargo
hold of an airliner. Placing my cats, MUNI Guy and myself in a small
car for two weeks would result in one of us not surviving the journey to
Maine. If you have used either an airline or pet transporter to move
your pets, please share your experience with me. I am concerned about
entrusting my cats to strangers.
On a more intimate note, the
final season of Ba-da-Bingo begins Thursday night. I'll be turning
off the lights and locking the doors in a few months. After creating
and running the event for five years, and for the first time in memory,
I feel some hesitancy about letting go of something I've held for so long.
The weight of time and the limited quantity of same allotted to me suddenly
jolted from peripheral awareness to the center of my attention.
04 February 2004 - (Link
to this entry) (Comment)
I spent fourteen months stationed
in Idaho. The fourteen months were positioned perfectly on the
calendar to ensure I enjoyed the full force of two winters.
Eastern
Idaho is flat. The winds descend from the mountains and scrape
across the terrain. Snow piles up in drifts taller than I and ice
coats every exposed surface.
Arriving in Idaho, I puzzled over the extension cords dangling from
the grills of every car in town. Midwinter, I learned these cords
connected to engine block heaters. An unheated engine quickly became
an unusable engine.
Lacking both the will and the finances to install an engine block heater,
I engineered one of my own. I parked my car facing away from the
wind, wedged an old hairdryer under the hood as close to the engine block
as possible, connected it to the house with a long and improper extension
cord, and left it running. The cold air kept the hairdryer from overheating
and the hairdryer appeared to keep the engine warm enough to start on the
first try. My rent, mercifully, included utilities.
The hairdryer was covered in oil by the end of the winter. Nothing
is as safe as an electric hairdryer, covered in oil and left dangling over
a leaking header gasket.
Different topic: If you want a Kum & Go shirt of your own, click
here. Thank you to Leigh for sending me the link.
07 February 2004 - (Link
to this entry) (Comment)
I have a backlog of material for both Trains and Stairways
of San Francisco. This weekend I am attempting to catch up.
The latest Trains entry features the Cariboo
Prospector in 2002 and is not my best work. Indeed, some of the
material backlog is more than a year old.
Tomorrow I conduct a private
tour of the Castro for Radio
Canada.
08 February 2004 - (Link
to this entry) (Comment)
A new addition to Trains: The
Mount Washington Cog Railway.
09 February 2004 - (Link
to this entry) (Comment)
How uncomfortable to find myself prepared to escort a foreign film crew
on a tour of the Castro,
only to discover their primary interest was in producing a program on gay
marriage. I felt as if I dressed for a cotillion only to discover
the invitation was to a pool party. I was prepared to point out the
finer bits of Castro history and was unprepared to make insightful comments
about social issues - especially on camera. To further my discomfort,
neither the film crew nor the host appeared to tolerate humor.
I strongly dislike television news reporting. Even the best of
television reduces complex discussions to sound bites interspersed among
commercial breaks. A medium designed to entertain is rarely suited
to educate. As an Australian acquaintance says: "What is in
the public interest is not always what the public is interested in.
In America, these often get confused."
I am uncomfortable when asked to produce a sound bite for a television
camera. Once when asked a question by a reporter, I attempted to
give an answer of reasonable length and intelligence. Twenty five
seconds after I began speaking she turned away and motioned the camera
to follow.
Yesterday, however, I had an entire hour of tape recording my every
word (and perhaps one moment when I coughed up phlegm behind the roar of
a passing bus). Any of those sixty minutes surviving the editorial
process will be muted among hundreds of channels touting reality shows,
teenage singers and sitcoms from decades past.
Thankfully I wore my leopard print sunglasses and white polyester suit.
The French should find those terribly fashionable.
".....there is no public opinion except what is manufactured by those
new and terrible engines - broadcasting and a controlled press." -Winston
Churchill, 1947
11 February 2004 - (Link
to this entry) (Comment)
I heard today an outstanding compromise for resolving the tension over
gay marriage. The idea proposes the government stop issuing marriage
licenses altogether. The government would instead simply register
civil unions regardless of gender. "Marriage" would be a word reserved
to describe unions recognized by churches. Churches would set the
criteria for marriages they wish to acknowledge.
This elegant solution provides the social benefits of civil unions gay
couples want while providing religious groups the freedom to resolve the
question indivividually.
Whatever the gender of your partner, it best not to urinate
in the snow after robbing a store.
13 February 2004 - (Link
to this entry) (Comment)
Fried noodles: David and I were walking down Mission Street after lunch yesterday. Crossing
an intersection, we heard a bus clatter across the street followed by a
snap from the overhead, high voltage streetcar wires. The downed
wire fell across the hood of a Mercedes. The driver of the Mercedes
jumped out, racing around his car, reaching for the energized wire.
David and I began shouting: "Don't touch it! Don't touch it!"
The driver stopped with his hand just inches from the wire.
Perhaps we did a good act. Evolutionists may disagree. Although
I'm not so concerned about saving the driver, we did spare the city a wrongful
death lawsuit.
In other news, the Sisters'
Scholarship Fund I chair awarded 23
scholarships to college students this week. All the scholarship
money comes from Ba-da-Bingo.
(Tickets for the final season are nearly gone. Go
get your tickets now.)
Tomorrow night is Bear-da-Bingo.
Ten bucks, eight o'clock, Ramada Inn on Market Street, big seating capacity,
expected to sell out.
Have you viewed the trailer for the Triplets
of Belleville?
16 February 2004 - (Link
to this entry) (Comment)
Gay marriage may not be entirely popular, but it is entirely profitable.
The price of a marriage certificate in San Francisco is $95 and nearly
2,000 gay couples entered marital bliss this weekend. If you are
slow with math, the three-day total approaches $190,000. States struggling
with budget deficits might consider the monetary value of legal recognition.
Trivia: Marriage licenses in California are issued by county clerks. San
Francisco is unique in that the city and county government are the
same entity.
Congratulations to David and Mark on their
marriage today.
16 February 2004 - later - (Link
to this entry) (Comment)
I went to City Hall this afternoon. The crowd outside cheered
as couples emerged waving marriage certificates over their heads.
Joyous and radiant are terms insufficient to describe the energy of the
moment, the couples and the crowd. Here is a group of people receiving
equal recognition in a society which consistently refuses to acknowledge
their humanity. That a judge may nullify the certificates tomorrow
made no difference today.
Before I left, I watched a former Marine (who I knew when I was in the
Navy) walk out of City Hall with a husband and a marriage certificate.
Photos from the gay marriage festivities at San
Francisco City Hall:
18 February 2004 - (Link
to this entry) (Comment)
A representative of an anti-gay marriage group stated today on NPR that
allowing gay marriage in San Francisco will "annihilate marriage as we
know it".
While the image of exploding heterosexuals isn't entirely without humor,
the war metaphor is extreme. With our existing War on Terrorism,
War on Taxes and War on Drugs, our public airwaves are heavy with military
jargon and emotionally overburdened statements.
Equally annoying are the American journalists who permit such statements
to pass without question. Corporate journalists are the worst, public
radio hosts are only modestly better. I dream of hearing an interviewer
stop a guest and say, "Pardon? What the does that nonsense really
mean?"
19 February 2004 - (Link
to this entry) (Comment)
How wonderful to open the mailbox to find a copy of the Polish newsmagazine Exklusiv featuring some of my photographs:
streetcars, Victorians, gay boys in Delores Park, and drag queens.
Polish wasn't an elective course in my small town high school and I haven't
a clue what the article says. (If you look
closely, you'll see the photo credit mistakenly points to an entirely
different Sister Betty website - one without relation to this one.)
Remember Road
Trip 2003? It is nearly time for another journey. Last
year I drove from California to Maine and back. This year it will
be a one-way trip. I fell in love with Portland,
Maine and decided to make it my new home. In June a moving company
will take the furniture, an airline will transport the cats,
and I will embark on Road Trip 2004. Details shortly.
More...
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