The Dooryard

WWJD: What Will the Jersey-Democrats Do?

Now that the New Jersey Supreme Court has opened the door for gay marriage, I am most interested to see if Democrats will walk through it. It is now up to the New Jersey State Legislature to either 1) open marriage to same-sex couples or 2) create a whole separate institution all together that has the same rights as marriage. The State Legislature is completely controlled by the Democrats, 22-18 in the State Senate and 49-31 in the State Assembly, and the upcoming election is unlikely to offer gains for the GOP; they also control the governor's seat.

I'm reminded of the 2004 Democrat National Platform, which included this line:

"We support full inclusion of gay and lesbian families in the life of our nation and seek equal responsibilities, benefits, and protections for these families. In our country, marriage has been defined at the state level for 200 years, and we believe it should continue to be defined there."

Now, the Democrats in New Jersey have the opportunity to define marriage at the state level. It is exactly what they asked for in their platform from two years ago, and it's what they've got.

Democrats have said for six years that the Republicans are playing politics with gay rights. Now, the Dems have a strong opportunity to distance themselves from that and do what they claim to want to do: Include same-sex couples equally in marriage. As the Supreme Court found in Brown v. Board of Education in 1954, separate cannot be equal. I'm not holding my breath for the Democrats to put politics aside and do the right thing. Instead of opening marriage to gay couples, my money (and the money of many Democrats and gay leaders I know) is on them creating an entirely separate institution, which would fly in the face of everything they've said they stand for.

Hopefully, they'll surprise me.

Views of Maine

We spent five days in Maine visiting my parents about two weeks ago. We stayed for part of the trip in Bryant Pond, which is very near New Hampshire, and part of it in Washington, which is between Camden and Augusta. I love visiting Maine in the autumn; it provides an incredible sense of warmth and comfort, despite the often cold, blistering wind and weather.

If you haven't been to Maine in the autumn, I strongly encourage you to go. It's very different from the beauty of the West. Colorado and California and Utah are beautiful because of the size and majesty of everything there, from the rivers to the mountains. Maine is beautiful because of its quaintness. Just riding through towns like Buckfield, Paris and Bethel, I wanted to stop at the general store, find and apartment to rent, and spend the next month there.

I hope someday to spend a few months there, just writing and photographing the state. It's a special place and has a special place in my heart.

30 PHOTOS AFTER THE JUMP>>

New Jersey SC says gays must have access to marriage rights!

A huge day for gay rights! Interestingly, they say that the term "marriage" should be left to the "democratic process." I'll be curious to see what that "process" is.

From the decision: "Denying committed same-sex couples the financial and social benefits and privileges given to their married heterosexual counterparts bears no substantial relationship to a legitimate governmental purpose.  The Court holds that under the equal protection guarantee of Article I, Paragraph 1 of the New Jersey Constitution, committed same-sex couples must be afforded on equal terms the same rights and benefits enjoyed by opposite-sex couples under the civil marriage statutes.  The name to be given to the statutory scheme that provides full rights and benefits to same-sex couples, whether marriage or some other term, is a matter left to the democratic process."

However, Chief Justice Poritz, along with two others, dissented regarding the title of marriage: "I can find no principled basis, however, on which to distinguish those rights and benefits from the right to the title of marriage, and therefore dissent from the majority’s opinion insofar as it declines to recognize that right among all of the other rights and benefits that will be available to same-sex couples in the future. ... by asking whether there is a right to same-sex marriage, the Court avoids the more difficult questions of personal dignity and autonomy raised by this case.  Under the majority opinion, it appears that persons who exercise their individual liberty interest to choose same-sex partners can be denied the fundamental right to participate in a state- sanctioned civil marriage. I would hold that plaintiffs’ due process rights are violated when the State so burdens their liberty interests."

What to expect Nov. 7

There is great anticipation for the election that takes place in less than two weeks. For months, Democrats have said they will be taking over at least one of the houses of Congress, if not both. Hell, even Ann Coulter has said this should be a sweeping victory for the Democrats.

How much of a victory will it be? It depends on whom you ask. President Bush says the Republicans will be in control of all of Congress for another two years. That's unlikely. Others say that it could be a 50-seat swing in the House of Representatives in favor of the Democrats. That's unlikely too, given that there are only about 60 Republican-held seats in play (the Dems would have to win them all, and win the 10-15 of their own seats that are in play).

The magic number for the Democrats in the House of Representatives is 15. If they can be plus-15 on Nov. 8, they will take control of the House and they can do all of the investigations and hearings about how horrible the Republicans are that they want.

Larry Sabato presently sees somewhere between a +3 and +6 for the Democrats, meaning that the Republicans could lose the Senate but are likely to keep it. The House he sees going to the Democrats, with them gaining between 18 and 22 seats.

Here's a wild card I don't think many have considered as of yet: The decision in 90 minutes from the New Jersey Supreme Court on same-sex marriage. Whichever "side" wins that case may be the losers on election day.

New Jersey marriage decision Wednesday

News reports are saying that the New Jersey Supreme Court will hand down its ruling in the same-sex marriage case Wednesday, October 25, 2006 at 3:00 pm. According to Garden State Equality, The Court will post the decision on its Web site. Garden State Equality will have a statewide rally for same-sex marriage Wednesday night at 7:00 pm, Unitarian Church of Montclair, 67 Church Street, downtown Montclair. 

For further information, contact Steven Goldstein with Garden State Equality.

My guess: Gay-marriage proponents will be very happy with the decision. New Jersey has long been a leader in gay-rights issues, and the NJSC is very liberal. I'll be interested to see if the decision mentions gay ex-Governor Jim McGreevey at all. I'd have to think the fact that the state's gay governor stepped down after coming out, which ended his marriage to a woman, would have to weigh on their decision. The importance of same-sex marriage to the health and well-being of families in New Jersey is evident, given McGreevey's situation. I'll be curious to hear if that has an effect on the decision.

Free Howard

Sirius Radio is offering two days of Howard Stern - this Wednesday and Thursday - free on the Internet. The show has improved so, so much since leaving terrestrial radio and finding a home on censor-free satellite radio. One of the specials they'll be airing in those two days is the Gary Dell'Abate (left) roast - you can't miss that!

Whether you've been a Howard fan in the past and miss him, or you can't stand him and simply want to be offended, you might as well take advantage of the two free days. Though, be warned: You may end up shelling out cash for a radio and subscription, the show has become that good.

"Being necessary to the security of a free State"

While in Maine visiting my parents last weekend, we got into a great conversation about gun control. I'm a strict interpreter of the U.S. Constitution. Again, I'm a STRICT interpreter. The reason I stress that is because I believe a huge majority of people don't know what the Bill of Rights actually says, and that they tend to ignore certain parts of each amendment.

For example, the First Amendment doesn't guarantee free speech. It says that "Congress shall make no law ... abridging the freedom of speech." It says nothing about the courts or the executive branch doing so when need be. It's the only place in the Bill of Rights where Congress is specifically mentioned, and I think that is important.

As for the Second Amendment, again, the very beginning of the amendment is key: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." The reason the amendment is there is to allow for the people to protect themselves against their own government (which is why Janet Reno's over-the-top attack of the Koresh compound was so vile) and against any governments which might attack our country.

This came up during the conversation with my Dad. He lives in Maine and has been around guns since he was a little kid (and the same was true for me). Guns are second nature to him. He even has a holster to carry a gun around town. We talked about why that was or was not necessary, and he said it was needed to protect himself.

Now, the right to bear arms wasn't created to protect himself from anyone but the government or other governments. Still, my father has a real purpose for carrying a gun. In smalltown Maine, police officers are few and far between. Keeping the peace is largely up to the citizens; and generally, in Maine and other rural states, peace is kept.

People talk a lot about how many guns there are in the U.S., and how we have such a high murder rate. Well, most of those guns are in these smaller, rural towns where the murder rate is so low; it's the cities where the people with guns generally start aiming them at each other. That's something that Michael Moore's lame arguments in Bowling For Columbine completely overlooked.

Beyond the obvious use for hunting (which is a good reason to own a rifle, but a bad reason to own a handgun), my father also likes carrying a handgun when he's out hiking. Their cabin is in bear country, and you just never know if you'll be the unlucky statistic to be attacked by one; In that moment, having a handgun in your holster would be a really good idea.

Interestingly, we started talking about Kim Jong Il, and his quest for weapons (and if you believe his reported apology and claim that North Korea won't be doing more tests, then you may have a future as an advisor to Hillary Clinton). Someone in the room seemed to start to argue that he had every right to a nuclear weapon. I disagree. While it may eventually prove folly, we in this country have been stripped of the right to own certain weapons. Missile launchers and tanks come to mind. And nuclear weapons. Everyone, and every country, should have the right to defend herself. However, sometimes the extension of a right hurts the rest of society so much that that right has to be restricted. It's the old "You can't yell 'fire' in a crowded theater" argument, and it's a good one. Kim Jong Il does not and should not have the right to have a nuclear weapon; And the right of Americans to own certain weapons (again, though this may prove folly before the end) can be and should be limited.

Remember, the amendment says "the right to ... bear Arms shall not be infringed," it doesn't say that those Arms can be anything you choose.

The power of makeup

Thanks to Mike H. for sending me this reminder to never underestimate the power of makeup. (Note to overly sensitive liberals: This is a joke.)

I'm back

I've been rather absent from posting because it's been a super busy last couple of weeks:

• Went to Dallas two weekends ago to play with the New York Warriors in the Gay Super Bowl. We won the tournament, going 6-0 and beating the Chicago Flames in the final, 25-19. After losing to them in the semifinals last year by 5 points, this victory was particularly sweet. Photo Albums  Outsports recap
• Went to Maine last weekend for five days to visit my parents and relax a bit. More on that later.
• Finally completed the manuscript for a book my business partner Jim and I have been writing called "The Outsports Revolution." It's slated to be released next spring or summer. More on that later as well.

I'm now excited to be back home with a bit more time on my hands, looking forward to a couple rewarding projects I have in store.

The waning day

If you couldn't tell from the dropping temperature that autumn had arrived, the fast-setting sun has now become a daily reminder. While I enjoy the cooler days, the added darkness is a bit depressing. I love getting home, going to the gym, and getting back home before the sun sets. Now, that's not possible. The day won't be as long as it was today until mid-March. Alas, I see a lot fewer trips to the gym and a lot more evenings at home writing and reading; and hitting the town for an after-work cocktail. Cosmo, please. I guess the longer nights do have their benefits.