Saturday, February 14, 2004

Take Sex Out Of Marriage


Take Sex Out Of Marriage



A motto for the 'same sex marriage' reform. Like other progressive secular legal social protections .. it gives an alternative to a religious connotation of marriage like taking 'religion out of marriage' for the State secular service. Further it's proposal would be the option for people joining in a simple legal pairing - generally called a marriage (like the word means). Proponents born of the word 'espousal' simply seek that voluntary human legal pairing option. No sexual requirements are needed if like the 'secular marriage code' the state takes a step back and requires no further qualifications than a voluntary pairing of two human beings.

Instead of cluttering up life and the law with Rube Goldberg creations the structure without diminsment nor preference is simply called a marriage, or a meld? and the course of n one but the willing. The state would simply back away from further requirements and provide a form for it - like the Justice of the Peace civil ceremony. No religion is established nor diminished in the perties options.

I massachusetts- Governor Romney pendente new law could move by executive policy to adopt the opinion of the state Supreme Court and endorse an interim broadening of discretionary power of the various state officials licensed to perform marriages or grant licenses so as to recognize a ready pair.


Thursday, February 12, 2004

Same Sex Marriage News Alerts - E-Mail & RSS Newsfeed


Same Sex Marriage News Alerts - E-Mail & RSS Newsfeed



All Headline News - RSS XML & JS Newsfeeds - including Massachusetts headlines ..Google News -e-mail alerts - free by keyword.


Afghan Recovery reports Available from IWPR


Afghan Recovery Reports Available from IWPR: Women Voting Registration & Opium Pppy Farming-Issues



Institute for War & Peace Reporting -Reports/Newsletters Subscription Form -http://www.iwpr.net/sub_form.html

per the latest report Afghanistan is lagging in registering Afghani women voters ..and the continuing problem of adjusting the farming of opium poppies. Reports are free via IWPR which also accepts donations.


Wednesday, February 11, 2004

Sex Neutral Marriage


Sex Neutral Marriage




Preamble - whereas the choice of two human beings to enter into a legal union to affirm their partnering; and to acquire the protection of the law; to become one legal person under law can not be barred by reason of sexual sameness; the laws of the state are amended accordingly:


(a) Marriage licenses shall issue upon application by two adults who are free to marry by reason of an absent status of present marriage and a stated desire to marry.

(b) Upon return of the license signed by the parties and the officiant of a ceremony of marriage; and witnesses thereto; the act of legal marital union shall be consummated.

(c) No requirement of sexual difference, nor sexual consummation in any chapter of state law pertinent to marriage shall be enforced.

(d) Where 'person' is referenced in the state law pertinent to marriage; that refernce shall be accorded a gender neutral construction by all agents of the state and in all judicial courts.

(e)No marriage before nor after enactment of this law shall be construed as superior nor diminished by reason of transaction precedent to this enactment.

(f) No marriage recorded by this statute shall be voided nor terminated save by the same procedures for nullification or divorce; currently required under existing state law.
(g) Marriage license applications and recordations shall bear no distinguishment of sex.

(h) No marriage performed under this section shall be valid; save the sex of each is known to the parties.


-----


Post-Note ... this suggested sex neutral marriage law removes the 'common law' impediments and religious like objections to marriage when both parties are of the same sex, or who do not consummate their marriage. Both elements are grounds for annullment at common law.


The law in this form would conform a procedure of the State of Massachusetts to the constitutional ruling of the Supreme Judicial Court, to immediately provide a legal form to accomodate the right of marriage to persons regardless of the sex of the parties seeking marriage.

The proposed form simply eliminates the requirement of sex and sex type in marriage; repeals no other laws; does not diminish nor de-recognize any pre-existing statuses of marriage; and can be passed as an annex or amendment to the marriage code of all states. All marriages performed in the state become valid without sexual distinction or sexual difference required; nor any requrment of sexual consummation; and provide the protection and status of marriage in law to the parties.


Link to Massachusetts General Laws

As witnessed via C-Span the Massachusetts legislature sitting in joint session this evening February 11 2004, for Constitutional Convention defeated a bill which would have amended the Constitution and defined marriage as a union only between a man and a woman; and ofeerred a compromise second status for persons of the same sex in a civil union.


More on Massachusetts Same Sex Marriage Issue


More on Massachusetts Same Sex Marriage Issue



Massachusetts' Legislature - the "General Court" in joint session is now debating a Constitutional Amendment which will convey a separate status of homosexual civil union while limiting marriage to heterosexuals. That debate is now being telecast live on C-Span-2 & New England Cable News (NECN.com).
In best constitutional analysis -creating a separate status for homosexuals in civil union apart from general civil marriage -defeates t customary rights protection doctrine of the US Supreme Court. That doctrine states that when creating a procedure to guarantee equal rights that procedure should not accentuate the difference by classs nor status nor by disparate process exceptionally should it separate the benefitted group. In short, they should not be made to feel more separated nor different by the rights protection.
As an example - it should accomodate the right as smoothly as modern passive architectural design would accomodate a ramp for the ambulatory handicapped.


Massachusetts Gay Marriage Not Populalr with All -Rep Stephen Buonoconti


Massachusetts Gay Marriage Not Popular with All -Rep Stephen Buonoconti


Rep Stephen Buooconti (per news sources today) has announced he would seek a Constituional Amendment to define marriage as 'heterosexual' - this blogger [Scott M Connolly] disagrees and has written to other Western Massachusetts legislators -shared here
It is a sad day today to read the public position of Rep Buonoconti-D-Hampden County, Ma (this blogger's state rep) regarding a matter in which he appears to be a prisoner of his church, rather than a man of conscience and reason. Rep Buonoconti -pandering to his pre-primary campaign for Senator Melconian's seat has announced that he supports a Constitutional amendment which would define a marriage as a 'heterosexual' union.

It is hoped that other Western Massachusetts legislators have a betetr use for theirs and the publics time than populsim and can lead on this material secular neutral civil rights issue.

No legislator should seek to establish a religion or moral conformity i the name of 'family' nor hetreosexuality.
The Amendment is not needed for as the legislator kows their is no imposed condition of homosexuality - -only a volitional and legally safe union - to order a couple's affairs.

Let's not cave on this one - but join the Supreme Judicial Court and lead. Broad fair secular protections in a secular institution of 'marriage' are rationale and fundamentally fair - and threaten no one nor the status of heterosexual marriage.

The stance is rather like racism . .what would the gentleman do checking in at a hotel? Seek a guaranteed 'no-smoking' room?



Tuesday, February 10, 2004

GW Bush's Alleged AWOL, 'Vietnam Era Service, & Draft-Dodging


GW Bush's Alleged AWOL, 'Vietnam Era Service', & Draft-Dodging



Most men and women GW Bush's age, including this blogger might regard the Kerry Campaign & DNC AWOL charge as negative political campaigning. Let's recollect the service requirements of the Vietnam War era. The USA had a draft - mlitary conscription - every 18 year old man registered for military service; had a physical; stood for induction; or were defererrd while in school. To avoid frontline duty or to avoid being drafted or to obtain the form of military service desired, one enlisted in the regular armed forces; or joined the National Guard or Reserves. As everyone then knew - the committment was 6 years for everyone. If drafted; 2 years of active duty did it; followed by a progressively laxer reserve four; the last two years being an inactive reserve -virtually a registry. The National Guardmen and the Reservist who were not on active duty did a monthly weekend duty for 6 years with a summertime 6 week stint. In many cases due to constant manpower, the last two years in the Guard were also often a casual muster.

Mr. Bush cannot be demerited for that conformity. If he were fishing during a muster; then let's establish the record. No more than that compliance was required of any obligee to military service then.
Men and woemn today expect a variety of duties and risks to themselves and their society - few ever serve their nation in actual combat - but face great adversity - unsung. President Reagan was thought to have kaiboshed this cheapshot in his campaign - so did the likes of John Wayne. They referenced the men who kept the homefront or who changed and kept the cities and families the paycheck earners etc as well. Good men and women. Let us not tarnish honor in our lives' service to our country by joining a minctuating contest as to the greater heroism. Our veterans have distinguished themselves by service when called. They returned home, and returned to citizen-civilian status. We owe them memory, thanks and an assist when needed. That 'vet' could have washed floors; driven a tank; or worked a desk. Those who served out of combat and those who did not are not disqualified in their nation's public choices.
As to character would the candidate bear the risk of defamation were this not a campaign for public office?


Sunday, February 08, 2004

Addressing Trade & Jobs Bi-Partisanly


Addressing Trade & Jobs Bi-Partisanly




Americans are less familiar with international trade management than other nations which depend on imports in their economy. America's primary import dependence is on oil importing. In the postwar era as at other times in its 20th century economy the USA 's trade component of its GDP was minor compared to other nations. That was the result of a continental resources blessed economy. Countries like Japan and the United Kingdom - very dependent on trade in their economies scrutinize trade assiduously in kind and quantity. America documented it; collected duties as required; and sided it. Other nations approaches through Trade Ministries now is the focus of President Bush's trade policies and follows the approach of his father and President Clinton.
Using Japan as an example - which uses MITI - the Ministry of Industry & Trade let's explain the approach.
By import license or tax quantification and customs declaration MITI quantifies and monitors articles imported into Japan's island economy. What and where something is being imported is the database of the Japanese national government.

MITI then takes several steps:
The import is a necessity and addressed that way ..
or is a competitor with domestic articles and addressed for proper trade analysis for advantage or import substitution by a domestic product.
Breathing room without purposive trade discrimination compliant with modern WTO rules is built in to their process.

First - the manufacturs and their trade associations of the product challenged (the word is preferred in use to 'threatened' ) by an import are notified (if they don't already know) to give them a reaction - a rallying time & chance. By WTO rules and Japanese law those manufacturers may concur in an 'import cartel' - to join in breathing time nationally -to stave off an import crunch or dependence by a that given reaction time and a joint effort to meet that import challenge with national competiton.
That means the business laws favor them with a joint national compeition option to save their business which combine would otherwise amount to a conspired trade restraint.

They may mount a jointnational advertising campaign; seek special re-tooling and financing for it; and jointly market.

On the export side - MITI does the same thing. Working with the Japanese business force and Japanese Embassy commercial attaches - they address business prospects abroad ..and then MITI permits Japanese businesses to unite in an 'export cartel', a combine to jointly promote their domestic business capacity abroad; through trade shows, joint sales etc. Thereby creating new markets for Japan's domestic capacity.
Americans now are doing the same - but it is just that due to our lesser past modern dependence on trade in our economy that we did not historically nor regularly do it. Imports and exports were, well foreign sideshows.

This is the modern approach to trade and the advantages of trarde for better business internationally and economically. It sustains good businesses from predator or peremptory price and supply assaults in the economy from abroad; and conveys the advantages of good quality and innovation to consumers. The 'fair trade' argument embraces it.

Like Japan's MITI the United States addresses import competition through the Office of the Trade Representative - an American Cabinet member with Ambassador status who in the name of the President negotiates trade agreements - including that reaction and transition time - as well as negotiating away barriers to American trade. The OTR may also recommend special protetcition to unique American industries which must be protected by tariff - whether specialty steels or machine tools or Harley-Davidson motorcycles. More trade professionalism coems from the ITA -the International Trade Administration in the US Department of Commerce. Protection when needed absolutely, or breathing room for positive American responsive competition.
Protecting the pricing factors when supplies are 'dumped' - sold under their cost of manufacture - is also a MITI like function done by the US government - actions registered with the WTO; and profesionally lawyered by business attorneys with their economists.

Americans affected by import competition in their jobs can seek and get the same break - of 'time'. Time to react and time to respond to competiton; and the same break to open markets abroad. Just as they now have in the ultimate - trade dislocation compensation for severance and re-training. The latter is the ultimate - the challenge is preventing its occurance by positive business forecasts for jobs obtention and retention.
The Germans, Japanese, and British always used to sigh in relief at the not appearing prospect of anAmerica going full speed into an export driven economy. "You'd swallow us !" they'd say.
it need not be that dramatic - but as importing and exporting increase their share of our economy - we must continue to address the issue professionally soberly and bi-partisanly.