News

U.S. Supreme Court Will Hear Same-Sex Marriage Cases

By Mark O’Brien
Impunity Watch Reporter, North America

WASHINGTON, United States — The U.S. Supreme Court has agreed to consider, during its current term, two challenges to federal and state laws that only permit marriage between a man and a woman.

For the first time, the U.S. Supreme Court has agreed to review two cases regarding same-sex marriage. (Photo Courtesy of Reuters)

The high court announced on Friday that it would hear a case challenging a federal law that defines marriage as a union between a man and a woman, as well as a case challenging California’s Proposition 8, or Prop 8, a gay marriage ban that voters approved in 2008.

These cases mark the first time the Supreme Court will consider the issue of same-sex marriage.  The hearings are expected to take place in March, with the justices delivering their opinions by the end of June.

The issue has become a politically charged debate in recent years.  Just last month, three states joined a small number of states where gay marriage is legal.  Voters in Maine, Maryland, and Washington passed laws legalizing gay marriage, bringing the total to nine states plus the District of Columbia.  Of the other 41 states, 31 have passed constitutional amendments banning it.

And even where it is legal, married same-sex couples do not qualify for many federal benefits because the 1996 Defense of Marriage Act, or DOMA, only recognizes marriages between a man and a woman.

Edith Windsor was “delirious with joy” upon hearing the Supreme Court would hear her DOMA case, reports The Guardian.   Windsor, 83, was forced to pay more than $363,000 in federal estate taxes after her the death of her spouse, Thea Spyer, in 2009 because federal law did not recognize their marriage.

“I think DOMA is wrong for all of the various ways in which it discriminates against same-sex married couples and against gays altogether,” Windsor said.  “It’s enormously satisfying and fulfilling and exciting to be where we are now.”

Four lower federal courts and two federal appellate courts have ruled against DOMA.  Last October, the Court of Appeals for the Second Circuit upheld a lower court ruling in Windsor’s case that a portion of DOMA was unconstitutional.  The provision in question, Section 3, denies gays and lesbians married under state laws benefits such as Social Security survivor payments and the right to file joint federal tax returns.

The Prop 8 case involves a review of California’s voter-approved gay marriage ban.  It passed in November 2008, months after a state supreme court ruled that same-sex marriages were legal.

Earlier this year, the Court of Appeals for the Ninth Circuit held that Prop 8 was unconstitutional.  The reasoning was that California could not take away the right to same-sex marriage after previously allowing it.  But the judges’ ruling was narrow; it only affected California and not any other states.

Supreme Court observers said it is unlikely that the justices will recognize a federal right to marriage equality.  Instead, many expect the high court’s ruling will be in the same narrow fashion—applying it only to California, regardless of the outcome.

For further information, please see:

The Guardian — US Supreme Court Agrees to Take up Two Gay Marriage Cases — 7 December 2012

Reuters — Supreme Court Takes up Same-Sex Marriage for First Time — 7 December 2012

SCOTUSblog.com — On Same-Sex Marriage, Options Open — 7 December 2012

The Washington Times — High Court Sets up Showdown over Gay Marriage — 7 December 2012

California Church To Host Muslim Convention Despite Hate Mail

By Mark O’Brien
Impunity Watch Reporter, North America

WASHINGTON, United States — Church leaders in California are not backing down from plans to host a Muslim convention despite receiving hate mail and threats from across the country.

Salam al-Marayati (podium), President of the Muslim Public Affairs Council, and clergy at All Saints Church in Pasadena, Calif., address hate messages they have received about an upcoming Muslim convention at the church. (Photo Courtesy of the Pasadena Sun)

All Saints Church in Pasadena will host the 12th annual Muslim Public Affairs Council convention on Dec. 15.  The event is expected to draw about 1,000 people.

Officials for the church, known for its liberal positions, said the 25 messages they have received since Friday are unlike other criticisms the church usually receives.

One message called Muslims “Body Snatchers” and compared them to Nazis, said Rev. Susan Russell.  Another message warned the church was “[c]onsorting with the Enemy that is Killing Christians Worldwide.

Russell said the church’s rector described the messages as “some of the most vile, mean-spirited emails” he’d ever read, especially the ones about the church participating in terrorism.  But she said All Saints hoped that hosting the event would send the opposite message.

“We want to light a candle of hope as Christians this Advent season that people of different faiths can stand in solidarity against polarization and for mobilization around our common values,” Russell said.

MPAC, a Muslim civil rights group, is hosting its annual convention at a church for the first time.  The group’s president, Salam al-Marayati, said the reason for doing so was to promote an interfaith dialogue.

“When we approached Rev. Ed Bacon to have the convention [at All Saints Church], he opened this church, which to us is a safe space for conversations,” al-Marayati said.

Church leaders said the hate mail was prompted, in part, by an online posting from the conservative Institute for Religion and Democracy.  The Contra Costa Times published a criticism posted on the Institute’s website that said, “Yet again, the Islamists are taking advantage of naïve Christians with a desire to show off their tolerance.”

But organizers said they would not let opponents get in their way of holding the convention.

“This is what we have to say to the fear mongers: We want to convert you,” al-Marayati said.

“We don’t want to convert you to our religions, but we want to convert you so we can remove hatred and prejudice in your hearts and replace it with understanding and security,” he continued.

Church leaders said they were working with the Federal Bureau of Investigations and the Department of Homeland Security to make sure the convention is a safe place from the threats.

For further information, please see:

Contra Costa Times — Pasadena Episcopal Church Hosting Muslim Convention Gets Hate Emails — 6 December 2012

KTLA News — Pasadena Church Gets Threats over Muslim Convention — 6 December 2012

LAist.com — Hate Mail to Pasadena Church Hosting Muslim Event Calls Islamists ‘Body Snatchers,’ ‘The Enemy’ — 6 December 2012

Pasadena Sun — All Saints Church Receives Threats over Muslim Convention — 6 December 2012

“Hobbit” Star Endorses Gay Marriage in New Zealand Amid Dispute Over Role Churches Could Play

By Mark O’Brien
Impunity Watch Reporter, Oceania

WELLINGTON, New Zealand — Actor and gay rights advocate Sir Ian McKellen says he would like to get married in New Zealand.

“Hobbit” star Sir Ian McKellen said he hopes New Zealand lawmakers pass the marriage equality bill so that he may be able to get married in the country. (Photo Courtesy of Radio New Zealand)

In a video message to a marriage equality conference in Wellington, the “Hobbit” star said he supported the Marriage Amendment Bill, which has passed its first reading in Parliament and now is being considered by a select committee.

“I hope that by the time I get back to Middle Earth, I might even be able to get married,” he said.

McKellen, who has spent a considerable amount of time in New Zealand playing the role of Gandalf in “The Hobbit” and “The Lord of the Rings, said the world has looked to the country for “social advancement” ever since it became the first country to give women the right to vote.

“It will be a popular move, I know, and I’m glad your major political parties have embraced it.,” he added.

The endorsement came after considerable debate in New Zealand over the autonomy churches would have if the law were passed.

The bill contains a provision that churches are authorized but not required to marry gay, lesbian, or transgender couples who wanted to be married.  The bill’s sponsor, Labour MP Louisa Wall, has repeatedly said she wanted churches to maintain their freedom of religion and expression.  The Human Rights Commission also has endorsed this provision.

But some opponents and legal experts said that a law change would make it unlawful for churches to turn people away.

“If this goes forward, then churches will be required to open their premises to gay marriages,” Baptist minister Scott Lelievre told The New Zealand Herald.

“I guess if we have to go to jail, then we have to [go to] jail,” he added.  “There’s a long and honorable history of Christians going to jail, so we would not be the first.”

Family First NZ and 24 members of the Victoria University law faculty also called into question the interpretation of the law by the HRC and MP Wall.  Family First NZ’s national director, Bob McCoskrie, said the HRC specifically should not be depended on for independent legal analysis because it has lobbied for this bill since the very beginning.

“Based on the interpretation of [the church exception provision] by the HRC and Louisa Wall, a marriage celebrant could lawfully decline to marry a particular couple because they are of different races or because the marriage celebrant disliked persons of a certain race,” McCoskrie said.  “Of course, that is completely unlawful and would quite rightly breach . . . the NZ Bill of Rights Act.”

Family First NZ also said it obtained legal opinions from Barrister Ian Bassett that indicated the law, if passed, would not allow churches to lawfully decline to marry gay couples because the provision itself does not authorize discrimination based on sexual orientation.

For further information, please see:

Radio New Zealand — Actor Eyes Same-Sex Marriage in Middle Earth — 1 December 2012

The New Zealand Herald — Gay Choice for Churches — 23 November 2012

Stuff.co.nz — Gay Marriage ‘Not Forced on Churches’ — 23 November 2012

Voxy.co.nz — Legal Experts Dispute Human Rights Commission on Gay Marriage — 22 November 2012

Human Trafficking Rings Busted in New York, Call Attention to National Issue

By Mark O’Brien
Impunity Watch Reporter, North America

WASHINGTON, United States — New York State Police announced on Thursday they arrested nine people connected to a sex trafficking operation in upstate New York involving a minor.

Colorado authorities fear Kara Nichols, 19, may have fallen to sex trafficking while attending a modeling gig in Denver last month. (Photo Courtesy of The Daily News)

After a nine-month investigation, Troopers charged Lynette Tilden of Utica, Edward Tilden of Orwell, and Alexandria Davall of Utica with felony trafficking.  Troopers said the Tildens—25- and 30-years-old, respectively—used an online classifieds website called Backpage.com to advertise in the Northeast for sex with the victim.  Police did not describe the role Davall, 23, played in the operation.

Troopers also charged two men from the Utica area with rape, two others with endangering the welfare of a child, and two others with a criminal sex act.  Investigators did not release the age of the victim.

The bust came a little more than a week after New York City Police and the New York Attorney General’s Office announced the break-up for a $7 million, three-state prostitution and money laundering ring.  On Nov. 20, authorities arrested more than a dozen people and rescued two human trafficking victims.

A 16-month investigation into Somad Enterprises Inc. revealed it operated a “one-stop shopping vehicle for prostitution rings,” authorities described.  The ad agency created listings for escort services on television and websites, including Backpage.com.

The 180-count indictment charged 19 people and one corporation with enterprise corruption, money laundering, and prostitution, among other crimes.  So far, only 17 of those indicted have been arrested, and each faces up to 25 years in prison.  Reuters reported three prostitution clients also were charged.

These arrests highlighted a growing concern about sex trafficking in other parts of the United States, as well.  In Colorado, investigators said an aspiring model who disappeared last month may have fallen victim to trafficking.

Kara Nichols, 19, was last seen on Oct. 9 when she went to a modeling gig in Denver.  But according to an El Paso County Sheriff’s Office bulletin obtained by KKTV, investigators feared she became trapped in a sort of front for a modeling business.

A search of modeling and fashion websites authorities believe Nichols visited involved drugs and prostitution, according to police.

“Someone that has big dreams with limited resources sometimes turn to the internet,” Lt. Jeff Kramer said in an interview with the Daily News.  He hoped someone who knows something might come forward to shed light on what happened to Nichols.

Dangers like those that may have befallen Nichols have prompted the Los Angeles County Board of Supervisors to pass a motion to investigate sex trafficking.

County officials said the majority of youths arrested on prostitution charges in LA County are from the foster care system. Supervisor Michael Antonovich cited FBI and U.S. Department of Justice data showing the average entry age into prostitution in 12-years-old, and that participation lasts seven years.

For further information, please see:

The Corning Leader — Police: Upstate NY Sex Trafficking Ring Broken Up — 29 November 2012

The Huffington Post — LA Teen Prostitutes Come from Foster Homes a Majority of the Time, County Says — 28 November 2012

The Daily News — Missing Model May Be Victim of Colorado Sex Traffickers: Authorities — 26 November 2012

The Chicago Tribune — Human Trafficking Victims Freed in U.S. Prostitution Bust — 20 November 2012

Western New York Middle Schoolers Hold ‘Sleepover for Syria’

By Mark O’Brien
Impunity Watch Reporter, North America

WASHINGTON, United States — Two dozen middle school students in western New York State recently held a unique event to raise awareness about the humanitarian crisis in Syria.

More than two dozen students at Springville Middle School in western New York raised money for Syrian refugee relief at a sleepover event meant to give students a taste of the refugee experience. (Photo Courtesy of Springville Students for Human Rights)

The 25 students from Springville Middle School, about 35 miles south of Buffalo, held a “Sleepover for Syria” to simulate the refugee experience.  That included sleeping under a tarp supported only by four chairs and a sleeping bag without extensive air mattresses or pillows to use.

“Not all life is fair or perfect,” one student said in reflection of the 17-hour experience.  “Not everyone has it as good or as worse as you.”

Every participating student raised at least $25 in pledges that were donated to the International Rescue Committee’s Syrian Relief Fund.  All told, the students raised $500 for Syrian refugee relief.

“Refugees have it hard due to sickness, lack of food/water, and protection,” reflected another student.  “That’s all chance.  It could have been any of us starving or dying.”

During the program, the students had conversations via Skype with ABC News reporter Lara Setrakian from Dubai, as well as humanitarian Jordan Hattar from outside the refugee camps in the country of Jordan.  Setrakian also leads a worldwide effort called “Syria Deeply,” which aims to give people a new way to understand and engage in the crisis.

Students said the experience was eye-opening for them and made them more appreciative of their own lives.

“It is so important not to take anything for granted and, most importantly, connect on a human-to-human level with the refugees,” said one student.

For further information, please see:

Tumblr — IAmSyria — 16 November 2012

Springville Students for Human Rights — Sleepover for Syria — 15 November 2012

ABC Medianet — Lara Setrakian biography — 2012

Syria Deeply — Syria Deeply — 2012