Political Science 436 – Current Event #28

Spring 2009

A Presentation by Tim Hendon

Under the Direction of Dr. Laura Hebert

Written within the United States Constitution are the words that “all men are created equal…” or are they?

Do you recognize these American icons?Do you recognize these American icons?

Congressman Steve Gunderson (WI)

Congressman Mark Foley (FL)

What do they all have in common?What do they all have in common?

Former Governor James McGreevy – (MA)

Congressman Barney Frank (MA)

All are considered public servants.All are considered public servants.

Congressman Jim Kolbe (AZ)

President Abraham Lincoln (16th President of the United States)

All played a part in American History.All played a part in American History.

President James Buchanan (15th President of the United States)

Senator Wilbur Rufus King (AL) (VP under President Pierce)

Even the FBI had its secrets.Even the FBI had its secrets.

J. Edgar Hoover – FBI Director Clyde Tolson – Deputy Chief of the FBI

Lifelong Partners: worked together & Lifelong Partners: worked together & now buried side by side. now buried side by side. Coincidence?Coincidence?

Hoover’s birthday portrait to Clyde Hoover’s birthday portrait to Clyde Tolson.Tolson.

Buchanan & KingBuchanan & King

Buchanan – a lifelong bachelor.Buchanan – a lifelong bachelor. Lived with Senator William Rufus King (AL) for 15 years before Lived with Senator William Rufus King (AL) for 15 years before

becoming President.becoming President. King appointed as Minister of France***King appointed as Minister of France*** King served as Senator of AL and briefly as the Vice President King served as Senator of AL and briefly as the Vice President

under President Franklin Pierce (14under President Franklin Pierce (14thth).). Because of their close relationship, Andrew Jackson referred to Because of their close relationship, Andrew Jackson referred to

Senator King as “Miss Nancy” and “Aunt Fancy”.Senator King as “Miss Nancy” and “Aunt Fancy”. Buchanan turned to an adopted orphan niece, Harriet Lane, who Buchanan turned to an adopted orphan niece, Harriet Lane, who

functioned in the role as First Lady.functioned in the role as First Lady. Buchanan and King’s nieces destroyed their personal letters after Buchanan and King’s nieces destroyed their personal letters after

their death to permanently conceal the relationship.their death to permanently conceal the relationship.

In a letter…In a letter…

Buchanan wrote to a Mrs. Roosevelt about his Buchanan wrote to a Mrs. Roosevelt about his social life, "I am now 'solitary and alone', social life, "I am now 'solitary and alone', having no companion in the house with me. I having no companion in the house with me. I have gone a wooing to several gentlemen, but have gone a wooing to several gentlemen, but have not succeeded with any one of them. I have not succeeded with any one of them. I feel that it is not good for man to be alone, and feel that it is not good for man to be alone, and [I] should not be astonished to find myself [I] should not be astonished to find myself married to some old maid who can nurse me married to some old maid who can nurse me when I am sick, provide good dinners for me when I am sick, provide good dinners for me when I am well, and not expect from me any when I am well, and not expect from me any very ardent or romantic affection."very ardent or romantic affection."

Hoover & TolsonHoover & Tolson

Hoover led the FBI for 48 yearsHoover led the FBI for 48 years Clyde Tolson was 2Clyde Tolson was 2ndnd in command of the FBI. in command of the FBI. Hoover & Tolson were inseparable and even Hoover & Tolson were inseparable and even

vacationed together.vacationed together. Both were lifelong bachelors.Both were lifelong bachelors. Hoover lived with his mother until she died in 1938.Hoover lived with his mother until she died in 1938. Hoover & Tolson never lived together but were buried Hoover & Tolson never lived together but were buried

side by side.side by side. Upon hearing of Hoover’s death, President Richard Upon hearing of Hoover’s death, President Richard

Nixon exclaimed with his subtle tone, “Jesus Christ! Nixon exclaimed with his subtle tone, “Jesus Christ! That old cocksucker!”That old cocksucker!”

Abraham Lincoln – before presidencyAbraham Lincoln – before presidency

1831 - At the age of 22, Lincoln moved in with Billy Greene in New 1831 - At the age of 22, Lincoln moved in with Billy Greene in New Salem, IL & shared a bed with him.Salem, IL & shared a bed with him.

Greene: “When one turned over the other had to do likewise”.Greene: “When one turned over the other had to do likewise”. Greene described Lincoln physique: “His thighs were as perfect Greene described Lincoln physique: “His thighs were as perfect

as human beings could be.”as human beings could be.” 1837 – Lincoln moved to Springfield and met Joshua Speed, who 1837 – Lincoln moved to Springfield and met Joshua Speed, who

Lincoln referred to as “the only” – as he was the last – intimate Lincoln referred to as “the only” – as he was the last – intimate friend Lincoln had before becoming President.friend Lincoln had before becoming President.

They shared a double bed for four years in Speed’s store.They shared a double bed for four years in Speed’s store. Lincoln wrote letters to Speed before and after Speed’s wedding Lincoln wrote letters to Speed before and after Speed’s wedding

in which several were signed in which several were signed “Yours forever.”“Yours forever.”

Abraham Lincoln – as PresidentAbraham Lincoln – as President

Col. Elmer Ellsworth was a flashy young drillmaster, Col. Elmer Ellsworth was a flashy young drillmaster, ''the greatest little man I ever met,'' as Lincoln put it. ''the greatest little man I ever met,'' as Lincoln put it. Lincoln recruited him to his Lincoln recruited him to his Springfield law office, made law office, made him part of his presidential campaign and gave him a him part of his presidential campaign and gave him a high military post as war loomed. A few weeks after the high military post as war loomed. A few weeks after the fall of Fort Sumter, Ellsworth was killed hauling a rebel fall of Fort Sumter, Ellsworth was killed hauling a rebel flag down from a hotel in Alexandria, Va. Lincoln was flag down from a hotel in Alexandria, Va. Lincoln was shattered.shattered.

More on LincolnMore on Lincoln

Capt. David Derickson led the brigade that guarded Capt. David Derickson led the brigade that guarded Lincoln at the Soldiers' Home in the District of Lincoln at the Soldiers' Home in the District of Columbia, the Camp David of the day. Derickson, in Columbia, the Camp David of the day. Derickson, in the words of his regiment's history, published three the words of his regiment's history, published three decades later, ''advanced so far in the president's decades later, ''advanced so far in the president's confidence and esteem that in Mrs. Lincoln's absence confidence and esteem that in Mrs. Lincoln's absence he frequently spent the night at his cottage, sleeping in he frequently spent the night at his cottage, sleeping in the same bed with him, and -- it is said -- making use of the same bed with him, and -- it is said -- making use of his Excellency's night shirt!''his Excellency's night shirt!''

When did the word appear?When did the word appear?

The word “homosexual” did not find its way into The word “homosexual” did not find its way into print in English until 1892 and that "gayness" is print in English until 1892 and that "gayness" is very much a modern concept.very much a modern concept.

It was accepted in history for two men to have It was accepted in history for two men to have relations but it was rarely talked about.relations but it was rarely talked about.

The terms homosexual, gay, queer or fag were The terms homosexual, gay, queer or fag were never used to describe relations between two never used to describe relations between two men.men.

The United States Constitution -The United States Constitution -

Written by James Madison – an extremely wise man, Written by James Madison – an extremely wise man, who is under-appreciated.who is under-appreciated.

Madison wrote the Preamble to read Madison wrote the Preamble to read “We The People…”“We The People…” At NO point in the Constitution does it read “we the At NO point in the Constitution does it read “we the

people of 1787.”people of 1787.” The Constitution provides for personal protections as The Constitution provides for personal protections as “all “all

men are created equal.”men are created equal.” It is a document that was created to evolve with the It is a document that was created to evolve with the

change of time and has endured many challenges which change of time and has endured many challenges which includes every American; not just the wealthy, white, includes every American; not just the wealthy, white, heterosexual, land owners.heterosexual, land owners.

If it wasn’t for the US Constitution, Barack Obama would If it wasn’t for the US Constitution, Barack Obama would not have been afforded the opportunity to serve as not have been afforded the opportunity to serve as President of the United States.President of the United States.

This fact is mere evidence that the document has This fact is mere evidence that the document has changed with the timeschanged with the times

States and Same-Sex Marriage States and Same-Sex Marriage There were 4, now there are 6!There were 4, now there are 6!

Connecticut Connecticut – Legalized same-sex marriages in 2009.– Legalized same-sex marriages in 2009. VermontVermont – approved by legislature in April 2009 & will take effect in – approved by legislature in April 2009 & will take effect in

September, becoming the first state to legalize same-sex marriage by September, becoming the first state to legalize same-sex marriage by legislative action and gubernatorial veto-override.legislative action and gubernatorial veto-override.

MassachusettsMassachusetts – 2004 – State Supreme Court ruled “that only full, – 2004 – State Supreme Court ruled “that only full, equal marriage rights for gay couples, not civil unions would be equal marriage rights for gay couples, not civil unions would be constitutional.”constitutional.”

IowaIowa – April 3, State Supreme Court upheld a lower court’s ruling that – April 3, State Supreme Court upheld a lower court’s ruling that rejected a state law restricting marriage to opposite sex couples.rejected a state law restricting marriage to opposite sex couples.

MaineMaine – State senate approved bill on May 1, 2009 to allow same-sex – State senate approved bill on May 1, 2009 to allow same-sex marriage; bill heads to the House which it is expected to pass.marriage; bill heads to the House which it is expected to pass.

New HampshireNew Hampshire – April 29, 2009 legalized same-sex marriages, – April 29, 2009 legalized same-sex marriages, upgrading previous civil unions.upgrading previous civil unions.

District of ColumbiaDistrict of Columbia – although same-sex marriage is not recognized – although same-sex marriage is not recognized in D.C., the council approved a measure that would recognize same-in D.C., the council approved a measure that would recognize same-sex marriages made outside of the District.sex marriages made outside of the District.

Marriage v. Civil UnionMarriage v. Civil Union

Marriage Marriage entitles the either spouse to make medical decisions in entitles the either spouse to make medical decisions in the case of necessity; property rights; right to medical insurance the case of necessity; property rights; right to medical insurance coverage through the partner’s employer insurance program; and coverage through the partner’s employer insurance program; and many other rights given to heterosexual couples.many other rights given to heterosexual couples.

Civil UnionCivil Union in most states that recognize them generally provide in most states that recognize them generally provide for the same protections and equal rights afforded heterosexual for the same protections and equal rights afforded heterosexual couples; however, some states limit the types of benefits that a couples; however, some states limit the types of benefits that a couple with a Civil Union may access.couple with a Civil Union may access.

If a government official is administering the rights of marriage or If a government official is administering the rights of marriage or civil union then why shouldn’t it be recognized by the state as an civil union then why shouldn’t it be recognized by the state as an official marriage?official marriage?

If a church is administering the rights of marriage, then that is a If a church is administering the rights of marriage, then that is a religious right and NOT a state right; therefore, the state should religious right and NOT a state right; therefore, the state should have no legal jurisdiction as to who the two parties are that are have no legal jurisdiction as to who the two parties are that are tying the proverbial knot.tying the proverbial knot.

Defense of Marriage Act of 1996Defense of Marriage Act of 1996(DOMA)(DOMA)

An Executive Order signed into law by President Bill An Executive Order signed into law by President Bill Clinton under political pressure from right-wing Clinton under political pressure from right-wing conservatives.conservatives.

It allows individual states to set their own standard It allows individual states to set their own standard what a “marriage” is or should be. This allows for what a “marriage” is or should be. This allows for discrimination against a minority group.discrimination against a minority group.

DOMA prohibits any couple that has a legal same-sex DOMA prohibits any couple that has a legal same-sex marriage or civil unions to access any federal benefits marriage or civil unions to access any federal benefits such as Social Security Benefits; Survivors Benefits; such as Social Security Benefits; Survivors Benefits; any type of federal pension; nor does it allow the any type of federal pension; nor does it allow the couple to file jointly as a married couple for tax couple to file jointly as a married couple for tax purposes.purposes.

States and Same-Sex Civil UnionsStates and Same-Sex Civil Unions

New JerseyNew Jersey – 2007 – granted same-sex – 2007 – granted same-sex couples the same rights as married couples but couples the same rights as married couples but classified as civil union.classified as civil union.

OregonOregon – allows a “domestic partnership” – allows a “domestic partnership” which grants gay & lesbian couples eligible for which grants gay & lesbian couples eligible for state-wide rights and benefits of marriage.state-wide rights and benefits of marriage.

WashingtonWashington – domestic partnership law signed – domestic partnership law signed in 2007. The measure was expanded by the in 2007. The measure was expanded by the legislature to include all right and benefits of legislature to include all right and benefits of full marriage on April 16, 2009.full marriage on April 16, 2009.

California and Proposition 8California and Proposition 8

2008 - State Supreme Court upheld a lower court ruling that 2008 - State Supreme Court upheld a lower court ruling that overturned a state law prohibiting marriage of same-sex overturned a state law prohibiting marriage of same-sex couples.couples.

2009 – An initiative on the ballot, “Prop 8”, which passed 2009 – An initiative on the ballot, “Prop 8”, which passed with 52% of voters, called for the definition of marriage to be with 52% of voters, called for the definition of marriage to be between a man and a woman; prohibited same-sex between a man and a woman; prohibited same-sex marriages.marriages.

2009 – State Supreme Court hears arguments on the 2009 – State Supreme Court hears arguments on the challenge of the legality of Prop 8.challenge of the legality of Prop 8.

2009 – Justices will allow any same-sex marriages that took 2009 – Justices will allow any same-sex marriages that took place between May and November 2008 to remain valid as place between May and November 2008 to remain valid as legitimate marriages under the law at the time.legitimate marriages under the law at the time.

Justices have 90 days in which to issue a final ruling.Justices have 90 days in which to issue a final ruling.

Louisiana and Same-Sex Marriages or Louisiana and Same-Sex Marriages or Civil UnionsCivil Unions

On September 18, 2004, by a large margin, the voters On September 18, 2004, by a large margin, the voters of Louisiana approved a state constitutional of Louisiana approved a state constitutional amendment that bans same-sex marriages and civil amendment that bans same-sex marriages and civil unions.unions.

Although Louisiana already has a law recognizing Although Louisiana already has a law recognizing marriage only between a man and a woman, this marriage only between a man and a woman, this amendment gives protection to that law in the state amendment gives protection to that law in the state constitution. It also prohibits state officials and courts constitution. It also prohibits state officials and courts from recognizing any out-of-state same-sex marriages from recognizing any out-of-state same-sex marriages or civil unions.or civil unions.

Legal challenges to the constitutionality of the Legal challenges to the constitutionality of the amendment have been filed and continue to be.amendment have been filed and continue to be.

Around the worldAround the world CanadaCanada - June of 2005, the Canadian Parliament - June of 2005, the Canadian Parliament

enacted a law allowing legal marriage for same-sex enacted a law allowing legal marriage for same-sex couples.couples.

BelgiumBelgium - legalized same-sex marriage in 2003. - legalized same-sex marriage in 2003. NetherlandsNetherlands - The first country to grant gay marriage in - The first country to grant gay marriage in

2001.2001. NorwayNorway - - the the sixth country to legalize same-sex to legalize same-sex

marriage on May 11, 2008.marriage on May 11, 2008. South AfricaSouth Africa - - the fifth nation to recognize gay marriage the fifth nation to recognize gay marriage

in 2005.in 2005. SpainSpain - - the fourth nation to allow gay marriage on June the fourth nation to allow gay marriage on June

29, 2005.29, 2005. SwedenSweden - - April 1, 2009, the Swedish parliament voted to April 1, 2009, the Swedish parliament voted to

allow same-sex couples to legally marry, overturning a allow same-sex couples to legally marry, overturning a previous civil partnership statute enacted in 1995.previous civil partnership statute enacted in 1995.

The questions that remain are…The questions that remain are…

How are you any different from me?How are you any different from me? What makes you a 1What makes you a 1stst class citizen and class citizen and

me a 2me a 2ndnd class citizen? class citizen? Isn’t my vote equal to your vote?Isn’t my vote equal to your vote? Don’t we both bleed red?Don’t we both bleed red? Why should who I decide to love be any Why should who I decide to love be any

of your concern?of your concern?

What would Jesus think?What would Jesus think?

Was he ever married?Was he ever married? Weren’t his best friends 12 men who wore Weren’t his best friends 12 men who wore

dresses and the local prostitute?dresses and the local prostitute? Wasn’t John the Baptist considered his closest Wasn’t John the Baptist considered his closest

friend and often depicted as having feminine friend and often depicted as having feminine characteristics?characteristics?

Would Jesus have stood in judgment of you Would Jesus have stood in judgment of you and your life?and your life?

Then what gives you the right to stand in Then what gives you the right to stand in judgment of mine or someone else’s?judgment of mine or someone else’s?