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Current Headlines
Federal judge grants temporary stay of domestic partnership law
In a shocking move today, a federal judge issued a temporary restraining order (TRO) which postpones Oregon’s Domestic Partnership law from going into effect on January 2, 2008 as scheduled. As Basic Rights Oregon argued in our amicus brief to the court, this delay tactic results in real harm to countless Oregonians and their families, and is absolutely unnecessary.
The Alliance Defense Fund, an out-of-state conservative legal interest group, brought the case in U.S. District Court. The plaintiffs in Lemons v. Bradbury claimed that voters who had signed referendum petitions to overturn Oregon’s new domestic partnership law, and whose signatures had been rejected by elections officials based on well-established criteria, should have those signatures restored.
In a provisional ruling in the case today, Judge Mosman isssued a TRO to keep the laws from going into effect — at least until the next hearing on February 1, 2008. While the judge acknowledged the harm to couples who planned on registering on January 2, citing the amicus brief filed by Basic Rights Oregon, he nonetheless concluded that plaintiffs had alleged a “fundamental right” in the referendum process that would also be harmed.
Our attorney believes that the judge demonstrated a fundamental misunderstanding of Oregon’s initiative and referendum law. Basic Rights Oregon is appalled by this outrageous ruling, and we will continue to aggressively find opportunities to participate in the case as it moves forward, doing everything in our power to get caring and committed Oregon couples and their families the legal rights and protections they need.
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December 28th, 2007 at 6:06 pm
Can you say, OH, COME ON!
Another example of some selfish goon who’s peeved off (sorry I can’t use stronger words, but you get the gist of where I’m getting at…) about something that doesn’t even affect him or his family (given that he’s from out-of-state).
I hope he- and his group- loses big time on February 1.
December 28th, 2007 at 6:09 pm
Does this make anyone else sick? I can not believe this is happening. I am speachless and dont know what else to say…..
December 28th, 2007 at 6:14 pm
Shame, shame, shame. On the minds and hearts of every single Christian working against those that Jesus cares for, created, and loves. I am convinced that these folks have nothing, even remotely, to do with Christianity. Jesus would turn his back on them, I am positive. How soon can I move to Canada?
December 28th, 2007 at 6:36 pm
o my… the struggle is slow and full of obstacles..
December 28th, 2007 at 6:43 pm
is there a way tis there time to get this over turn so that it can go in to effct . or will the 100 and some vote be up held at this point .
December 28th, 2007 at 7:02 pm
As a family with canceled plans for registration on the second, we’re really upset by this postponement.
What, if anything, can we do to help?
December 28th, 2007 at 7:15 pm
What a bunch of Bull!! Does this effect the other law? The discreimation law?
December 28th, 2007 at 7:18 pm
This is the most rediculous thing I have every heard in my entire
life, they have had over 6 months to pitch a fit
and they choose to do this 4 day’s before it would
have gone into effect. How could anyone have let
this happen?
I married my spouse in March of 2004, and this was
taken away from us! I still cant understand how
anyone can take a legal document away from a U.S
citizen, but it happened. I cannot believe that in
this country we are forced to hide in the preverbial
closet. I pay my taxes and am not allowed the
same rights as any other human being. It makes me
sick, literally sick to my stomach. I also cant
believe no one saw this coming! I will be
at the Marion County court house at the break of dawn
to give my point of view to anyone that will listen
to it. DAMMIT I took the day off to get what should
have been my basic rights given to me and now this.
This country is not what it used to be when I was a
child and it is not the same as when African Americans
couldn’t vote. My god this is supposed to be the 20th
century and I am not allowed what most individual from
other countries are allowed. I also cannot understand
how or why a federal judge is allowed to get involved
in a state issue. If this was any other issue he or
she would have kept thier nose out of it. But “NO”
it has to do with me. A person, a human being that only
wants to protect the rights of the beautiful woman I choose
to spend my life with.
We both work hard and have worked hard our whole lives
to accomplish what we have and this is just another
SLAP in the face.
IF I AM NOT ALLOWED THE SAME RIGHTS AS
HUMAN BEING”S WHY SHOULD I PAY TAXES. WHY SHOULD I
PAY FOR INDIVIUALS THAT CHOOSE TO BE ON PUBLIC
ASSISTANCE OR GET RETIREMENT FOR THIER “SPOUSE” AT
MY EXPENSE. IF EVERY PERSON IN THIS U.S THAT IS DIFFERENT
DID NOT PAY TAXES,THE GOVERNMENT WOULD NOT HAVE A PENNY TO SPEND.
IF EVERY LIVING SOUL THAT WAS OUT THERE STOPPED, “WHAT
WOULD HAPPEN?
I WILL CHECK EVERY LEGAL RIGHT I HAVE TO STOP PAYING
TAXES TO A GOVERNMENT THAT DOES NOT ACKNOWLEDGE ME AND
MY CIVIL RIGHTS. I WILL NOT PAY ANYMORE FOR THE
RIGHTS I AM NOT ALLOWED!!!!! Absolutely disgusted, Dorthea Cramer & Amerina Lightfoot
December 28th, 2007 at 7:25 pm
This says it all “Nominated by George W. Bush on May 8, 2003″.
See http://www.fjc.gov/servlet/tGetInfo?jid=3034 for more information.
December 28th, 2007 at 7:29 pm
Only in Oregon! We, too, changed plans to
register on the 2nd. Honestly, is this for real?
We are pretty close to moving to Vermont where our
2001 Civil Union is honored and respected.
I LOOOOVE Lewis’ comment! Amen!
December 28th, 2007 at 7:34 pm
Sadly I Am not surprised, I think every gay and
Lesbian should stop paying Taxes until we are
recognized as human and are afforded our rights…
It’s simply amazing how much hate you see coming
from the religious right, just another hittler
following with a different name.
It’s hard to keep positive, but if you look back at
history, every group targeted has moved forward
not everyone out there is full of ignorance, some
are finally asking themselves why do they hate
people they don’t even know.. and those that don’t
-well they just don’t have a life it must be there
only sense of control, but we are bigger than that
and even though it hurts we must stand together and
know that someday we can live without fear,
and judgment.
December 28th, 2007 at 7:39 pm
Wow!
How heartbreaking to have this happen right after Christmas!
Why can’t people worry about their own morality for a change?
Are they really that unhappy with their own lives that they feel the need to make anyone unlike them miserable also?
Whatever happened to the fact that we all are,
“Created in gods own image?”
And what about the Brothers and Sisters thing?
I cry,
“Bigot’s!”
December 28th, 2007 at 7:42 pm
This is very disappointing,
last minute and designed to slip
under the radar between holidays.
Okay, Jeana, what do we do now?
December 28th, 2007 at 7:43 pm
Crushed, yet NOT surprised. I guess the addage
is true, those who vote decide nothing, those who
count the votes decide everything. This is a good
time to lick our wounds, get back up and get to
work, Ill not take this sitting down, how do I
get involved?
December 28th, 2007 at 7:47 pm
I am so saddened by this news. My partner and I have been planning this legal union for years and have time off from work and thousands of dollars spent on our celebration that was set to occur on the 4th of January. No one can stop us from having our ceremoney and I am confident the legal recognition will come sooner rather than later. I am much more saddened by the fear that exists in the people’s hearts that are trying to take away my rights. I hope someday they can find forgiveness in themselves for the hate they put forth in the world.
December 28th, 2007 at 8:03 pm
When it was marriage they(the Religious Right) sad
that MARRIAGE was between a man and a women. this
is domestic partnership that doesn’t even afford us
the same rights as marriage, what is there excuse
this time?…even though I don’t want to settle
for DOMESTIC PARTNERSHIP because clearly it saying
we don’t deserve they same rights as others, at
least it a step in the right direction..
December 28th, 2007 at 8:07 pm
This is one more reason to vote Democratic. The judge who ruled in this case is a right wing Mormon. Clearly he has an agenda of his own. He is a Bush appointee.
December 28th, 2007 at 8:10 pm
On what basis has this judge delayed a soon-to-be CURRENT STATE LAW in order to debate whether or not there can be a FUTURE ballot initiative?
I can see the judge, if he believes there is a problem with the initiative process, sanctioning state elections officials somehow, but isn’t it the case that even if the initiative were found to have sufficient signatures that it would never have been on the ballot in time to change the original implementation of the law?
If the law would have gone forward in January regardless of the outcome of the petition drive, then I don’t see a reason why the law could be suspended like this.
(This is a slightly-edited rehash of my comment over on the Mercury blog.)
December 28th, 2007 at 8:12 pm
Where is BRO on this important development?
I see a very SLOW response, and an “unexpected” development as an excuse.
WHERE is the outrage?
WHERE has BRO been the past 4 hours????
-Daniel, Bend, Oregon
December 28th, 2007 at 8:52 pm
I long for the day when hetrosexuality is illegal and the homophobes of this nation are forced to live in some distant land, like Texas, and really be made to pay for their sins against gays! If I never hear the word republican again it will be too soon.
Does anyone know an easy way to get citizenship in Canada?
December 28th, 2007 at 9:00 pm
Yes, only a temp set-back, however. It DOES give us an opportunity! This is now a FEDERAL issue. since there are major FEDERAL (& State) elections in ‘08…Thus, we need to raise our VOICES and make sure that every FEDERAL (& State) candidate issues a statement: They are either with US ..or against us! Then, make sure all know theese opines and how it affects our families. This is a MAJOR way to affect the elected (and soon to be appointed)Feds. It is a set-back but it is to our advantage that ‘08 is a Federal election year.
December 28th, 2007 at 9:22 pm
It’s important to note that Judge Mosman is LDS (Mormon).
During his clerkship for Justice Powell on the US Supreme Court, Judge Mosman urged Justice Powell not to strike down sodomy laws that discriminated against gays. Since Justice Powell was the tiebreaking vote in the decision NOT to strike down those laws, we can thank Judge Mosman for striking a blow against our community not once but twice. This is OUTRAGEOUS.
December 28th, 2007 at 9:24 pm
I can not believe that a judge can have this kind of
power in this country.
It seems to be based all on the fear the Right Wing
Fundamentalist Christian feels.
I feel sorry for them.
Maybe there should be laws in effect that do not
allow any religion to dictate anything ever by means
of the justice and political systems.
Or individual of said religion for that matter.
Especially when it comes to our lives.
God loves all, not just some – if you believe in God
that is.
Merciful Allah
December 28th, 2007 at 10:09 pm
This is very sad news, indeed. And, it is again the call to act up and demand what is already ours. No one is going to do this for us. Lewis’ words resonate with us. Rachel’s story is likely one of many. Is BRO going to file a suit, at the very least to get monetary pay back for the damage that this unncessary and malicious maneuver cost our community? I would support this. Together.
December 28th, 2007 at 10:33 pm
Keep fighting. This isn’t going to last. Oregon is a very progressive place with many progressive State laws challenging Federal laws. Keep this in mind with medical marijuana and right to die issues – I am a cancer patient.
December 28th, 2007 at 10:45 pm
Thank God this is just a temporary set back. It’s already been much t
oo long.
December 28th, 2007 at 10:54 pm
http://www.sodomylaws.org:80/usa/usnews128.htm
Read this background on the judge appointed by Bush with the support of Senators Wyden and Smith. Our Senators need to be held accountable by the bigots they support.
December 28th, 2007 at 11:04 pm
I am happy to see that one of the most important themes from all of the above posts is that WE WILL stand up and fight for our rights……Here Am I….Send Me!
December 28th, 2007 at 11:41 pm
I’m not gay and as a married man I have to say
that this ruling is really lame. I don’t see any
reason that if two adults that are in love and want
to gain legal rights for their relationship has any
effect on me at all. If two gay adults
want to register their relationship, what is that
my (or anyone else’s) business?
Frankly, it’s a sad day. There’s so much unhappiness
in the world – what’s the point of denying it to
someone else when their happiness is no skin off my
back?
December 29th, 2007 at 12:14 am
This sounds like a dirty trick… if not look at this:
http://www.youtube.com/watch?v=SMGUaCpmEPU
I’m so sad for those who who are against family rights, because this domestic partnership can give a better situation for many Oregonians, and people from out of the state are trying to take away the rights that every Oregonian deserve.
December 29th, 2007 at 1:16 am
My partner and I are absolutely crushed! We moved to Oregon to get away from the mormon majority in the area of south idaho that we lived in and to be allowed the right and responsiblities of the domestic partnership. I don’t understand why in a democracy like the one that we are suppose to live in how one stupid bigot could, for his own agenda, delay a state law that was voted and signed into being. THIS IS NOT RIGHT!!!! THEY ARE MESSING WITH OUR LIVES AS IF WE ARE YESTERDAYS GARBAGE! I want to be seen on the second! I want to march on the state capital with signs, and I want everyone in the state to know what has happened and how our open minded, beloved state is not safe from the republican right wing BS agenda.
December 29th, 2007 at 1:58 am
First, we need to remember and hold dear in our hearts, the hard work of BRO and our fair minded legislators. Without their diligence and courage and convictions to stand up that which is right, we never would have gotten this far. Sadly though, we are feeling like this is the last straw. These narrow minded bigots and so called Christians have truly lead Oregon to become The Hate State. It’s time for us to look toward moving back to the civilized east coast.
December 29th, 2007 at 11:57 am
How can a federal judge intervene with an Oregon law (the referenum process) when it doesn’t involve any federal issues. The referendum doesn’t even exist in most states, so how can the way Oregon administers the law be a federal issue. This is clearly just the attempt of a right wing judge trying to intervene where he has no jurisdiction. We should appeal to the Ninth Circuit and try to get the stay vacated.
December 29th, 2007 at 12:10 pm
Now is the Winter of Our Discontent
Submitted to multiple newspapers.
Quoted from the Declaration of Independence:
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness”
Quoted from the Gettysburg Address:
“Four score and seven years ago our fathers brought forth on this continent a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal.”
Powerful statements, are they not?
Equal is supposed to be equal. Equal does not mean that everyone has the same rights, except for these people over here. There’s no right to draw lines allowed when you make statements that say all are equal.
The people who founded this country also say, as quoted above, that the right to liberty and the pursuit of happiness are unalienable. This means they are not supposed to be taken away.
That is precisely what saying homosexuals and same-sex families don’t have the right to get married or have an equal institution for them to turn to does. It takes away rights that the founders of this nation say are incapable of being taken away.
All domestic partnership does is allow us to be recognized as created equal, and returns and protects our unalienable rights to the pursuit of happiness, and liberty.
December 29th, 2007 at 3:05 pm
I want to take to the streets and show everybody that we’re not going to take this kind of treatment anymore, but we can’t rally at the courthouse the way we rallied at the capitol. This judge was appointed, not elected—so he doesn’t have to care how many people don’t like his ruling. So as much as I want to have a big protest, I also want to make sure that whatever I do is productive.
Is there some way we can support the lawyers working on this legal fight? Or can we use this as a time to show the public (who might be voting on this law anyway) how much this hurts us, and talk about the rights we still won’t get on the 1st? Why not take this opportunity to educate voters on what might be facing them on the ballot?
December 29th, 2007 at 5:03 pm
In as as much as we are all hurting as a result of this ruling, imagine how elated and proud our opponents are today knowing that their bigotry, ignorance, and hatred have been validated and supported by the so called justice system.
December 29th, 2007 at 8:20 pm
I am shocked! This is insane. These so-called “Christians” who oppose basic rights for gays are just BIGOTS. There is no moral justification for this type of discrimination. As a (married) Asian-American, I feel that gays are in the “same boat” as people of color. We’ve all been victims of prejudice, but because gays are not a “race” nor a particular color, bigots seem to think it’s OK to discriminate against them! The fact is: the US is NOT a theocracy, so all these religious arguments against homosexuality is just invalid and plain LAME. Being homosexual is not a crime! I can understand why so many gays consider immigrating. This country is going downhill fast. And that Bush-league judge needs to go! It’s too bad we can’t fire these puppet judges.
December 30th, 2007 at 12:03 am
Heartbreaking! We too changed our work schedules to be
at the front door to be legally married on January
2nd. My partner and I had our Union in a church in
Utah back in 1991. It was a beautiful ceremony but
alas not a legal one. We where so looking forward to
becoming legal beagles in this state that we both
forgot the chances are slim and got new bands and
informed our families.
Gosh I am not looking forward to emailing them all
and to let them know of this newest blow to my people
and ourselves.
The hurt this brings to so many of us that just want
to be recognized and not forced to be no better than
shack ups.
Our committment to each other as a couple
does not change at all by this but to have been recognized
would have helped in so many ways.
Let us stay strong, brave and proud. We are a great
people and our day will come.
December 30th, 2007 at 2:12 am
I hope the defense brings up that they passed these petitions around in churches as an example as why
these signatures do not equal votes.
December 30th, 2007 at 4:08 am
It really does hurt my heart to check my e-mail and get the BRO newsletter with the recent “bad news”. I read every comment from all the other people on here, and I must say, I HIGHLY agree with everyone. I asked myself many of the same questions, such as, “why should I even bother paying my taxes if I don’t even have any of the rights that I should as being a tax paying US Citizen who is a positive and productive member of society? The last time I checked, I was a HUMAN BEING, who has feelings, just like all other human beings, I work, I pay my bills, I take care of my partner, and I treat other people with respect… With that in mind, why and how does this make me any different than anyone else? Point – it DOES NOT. And the information someone had said about the Judge whom put a stop the to Domestic Partnership law being a MORMAN, go figure. These people that look down upon us, these people that take away OUR GOD GIVEN RIGHTS AS HUMAN BEINGS, these people that will stop at nothing to take away our everything, these people belong to religious organizations and completely ruin what religion was supposed to be in the first place, and THESE PEOPLE ARE THE ONES RUINING THE “SANCTITY” OF MARRIAGE, WITH THE DIVORCE RATE OF “BORN AGAIN” CHRISTIANS OVER 50% percent now. So you tell me who’s going to hell if there is one huh!? They are. And we will be the ones at peace with ourselves, loving one another, and NOT hating or discriminating. My partner and I had planned to get our on Jan 2nd as well, and once again, another piece of my heart is broken, ALL BECAUSE WE DO NOT LIVE IN A FREE COUNTRY, AND BECAUSE SOMEONE ELSE IS ALLOWED TO MAKE MY DECISIONS FOR ME. For some odd reason, I had thought it was the 20th Century and for some odd reason I had thought I was allowed rights as being a legal tax paying citizen?? GUESS NOT. Someday, I hope to see the gays and blacks making decisions for these right wing, Religious freaks, and see what they do when they have NOTHING.
December 30th, 2007 at 10:42 am
What to do do now?
Stop typing, and start talking. To your friends,
your neighbors. That lady you always see at the
grocery store. To everyone.
Tell them how important Domestic Partnerships are
to thousands of caring and committed same-sex
couples in Oregon.
Our opposition will stop at nothing in their effort
to force a public vote on Domestic Partnerships.
They tried the Referenda and that failed. So they
filed a lawsuit. If this failes (and we think it
ultimately will), they’ll file an initiative. If
that fails, they try another lawsuit.
We have to be twice as determined to protect our
rights as they are to take them away.
Meanwhile BRO’s team is working around the clock,
seven days a week to put together a legal strategy
to get the temporary restraining order lifted ASAP.
And our field organizers are working with volunteers
around the state to bring our message of Basic
Fairness to the public
Stay Strong,
Thomas Wheatley
Organizing Director
Basic Rights Oregon
December 31st, 2007 at 2:18 pm
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January 2nd, 2008 at 1:46 pm
I thought that the ruling about the marriages required
the State to give us these rights.
noted, the trial court agreed with plaintiffs’ constitutional premise. However, the court declined to grant the relief that plaintiffs sought, viz., extension of the right of marriage to same-sex couples. Instead, the court fashioned a judgment that purported to extend the benefits of marriage to same-sex couples without altering the Oregon statutes limiting the right to marry to opposite-sex couples. The court’s rationale was that the aspect of the marriage statutes that violated Article I, section 20, of the Oregon Constitution was the resulting denial to same-sex couples of the benefits of marriage that were available to opposite-sex couples.
In fashioning a remedy for that perceived constitutional violation, the trial court drew heavily on the approach that the Vermont Supreme Court took in Baker v. State, 170 Vt 194, 744 A2d 864 (Vt 1999). (7) Citing Baker, the trial court held that it is “incumbent upon the legislature to evaluate the substantive rights afforded to married couples and to provide similar access to same-sex domestic partners.” As a result, the trial court ordered the legislature to create a remedy consistent with the court’s holding within 90 days of the commencement of the next regular or special legislative session, whichever convened first. With respect to plaintiffs’ fourth claim for relief, which had sought a writ of mandamus compelling the State Registrar to register the previously unrecorded same-sex marriage records, the court held that ORS 432.405 (8) mandated registration of marriage records as a nondiscretionary function of the State Registrar’s office. It therefore ordered the Registrar to register the records of the same-sex marriages that had been performed pursuant to the Multnomah County licenses. (9)
January 2nd, 2008 at 1:49 pm
I am saddened an appalled at this decision! All
I can say is that I am so very sorry! None of
this is right and hopefully we (everyone) can start
to see just how important each and every family and
individual is! We all need our basic needs met and
yes, healthcare coverage is now one of them thanks
to the high priced world we live in as well as the
same and fair treatment of all! We all NEED and
DESERVE the same rights! I will continue to
support and be a part of BRO and everyone in my
community. I would have thought we would have
progressed further than a decision like this to be
made in 2008! Talk about 2nd class citizen’s in our
own country, uhu? I guess I can understand that since
this country seems to put a value on a person by
the way they live or believe. You are not really
worth too much if you are “different or believe
differently” than the norm! This is not justice it is
predjuice and discrimination! I only wished that my
brother’s who I love so very much were able to sign
that piece of paper they have waited so long for. I
am so sorry. Today was the day!
Support and love to all,
Melissa
January 2nd, 2008 at 2:16 pm
If it isnt Racial it is Prejudice…. What or whom does it hurt for a man to marry a man or a woman to marry a woman??? It is the same as saying a African American cant marry a Caucasion.. It is 2008, what the hell is going on.. This world is becoming mixed in everyway so people are just going to have to deal with it… The time will come when we all are equal as soon as the old prejudice men get out of office!!!!!! I was born African American and my brothers were born Gay. Why should I have the opportunity to get married and they dont, just because how we were born???
January 2nd, 2008 at 3:47 pm
and the discimination goes on….proof as to why we need to get laws finally on the books to protect people from such unfair thinking!!!!!!!!
January 3rd, 2008 at 1:44 am
I am soo bitter and fed up with opponents of gay rights. How dare the self-righteous people
who would deny others the same fundamental rights that they themselves take for granted.
It has always boggled the mind how hateful, privileged and judgmental basic rights
opponents are. Many people make life hell for gays at work and all areas of
everyday life. Always treated as a second class citizen. Ignorant people fear gays.
Others are jealous and envious(for being true to ourselves regardless of the cost).
These haters just expect us to take their bull, pay their taxes, and feel guilty for
not conforming. All tax paying, law abiding citizens need and deserve the same protections
under our laws. Without domestic partner protection we will always be subject to abuse. Iam
a man who has lived with another man in a loving, mutually commited relationship of
twenty-two years on 1-6-2008. We don’t have the same freedom as straights. And we’ve been
together longer than most married heterosexuals we’ve known. Of course, we’d like to have
the same freedoms. We’ve earned them, too. I know nothing will change unless people
force change. Let us be proud and quit taking crap we know is unfair. I want reparations
for same sex couples.
January 3rd, 2008 at 11:51 am
Only a very basic misunderstanding of the importance
of basic civil rights would lead to this prejudicial
decision. Check out the good that has come of same-
sex marriage in Massachusetts in our book “Courting
Equality” (Beacon Press, 2007).Over 10,000 couples
have married and only good has come of it. People in
Oregon deserve the same rights.
http://www.courtingequality.com
January 3rd, 2008 at 12:07 pm
Just a few days ago, I heard Barack Obama, talking to voters in Iowa, re: the Iowa caucuses and he basically told the gathered crowd that even if he were second on their choice to President, that didn’t matter to him…he went on to say, and I’m paraphrasing here, something about…voting for him as either “the” or “me” as the leader of the free world.
I’ve never considered the United States as either a true democracy or a ‘free’ world. If it were, then same-sex couples could get legally married regardless of where they lived, with full and equal rights as hetero couples, etc.
There are too many Democratic candidates, never mind Republicans, who are socially conservative (moralistic too the degree of denying human beings, lesbian and gay, full rights. Even Senator Hillary Rodham Clinton is against same-sex marriage, she would grant same-sex couples the right to have legal civil unions. For some, that may be enough…for others, that still does not give them full rights as others.