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02 February 2004 - (Link to this entry) (Comment)
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Congress added the 14th Amendment to the Constitution  in 1866 and it was ratified by the states in 1868.  Well...not quite.  Ohio only ratified the 14th Amendment this year, 136 years late.  Ohio wasted no time, however, in passing a bill both banning gay marriage and the recognition of civil unions performed in other states.

An interesting note:  The same Ohio bill which bans gay marriage allows men over 18 years of age to marry girls as young as 16. 

Text of the Ohio bill banning gay marriage:

(New sections are underlined, language to be removed is struck through.)
 

A BILL

To amend sections 3101.01 and 3105.12 of the Revised Code to specifically declare that same-sex marriages are against the strong public policy of the state, to declare that the recognition or extension by the state of the specific statutory benefits of legal marriage to nonmarital relationships is against the public policy of the state, and to make other declarations regarding same-sex marriages.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 

Section 1. That sections 3101.01 and 3105.12 of the Revised Code be amended to read as follows:
Sec. 3101.01. 

(A) Male persons of the age of eighteen years, and female persons of the age of sixteen years, not nearer of kin than second cousins, and not having a husband or wife living, may be joined in marriage. A marriage may only be entered into by one man and one woman. A minor must shall first obtain the consent of the minor's parents, surviving parent, parent who is designated the residential parent and legal custodian of the child minor by a court of competent jurisdiction, guardian, or any one of the following who has been awarded permanent custody of the minor by a court exercising juvenile jurisdiction:

(A)(1) An adult person;
(B)(2) The department of job and family services or any child welfare organization certified by such the department;
(C)(3) A public children services agency.
A (B) For the purposes of division (A) of this section, a minor shall not be required to obtain the consent of a parent who resides in a foreign country, has neglected or abandoned such the minor for a period of one year or longer immediately preceding the minor's application for a marriage license, has been adjudged incompetent, is an inmate of a state mental or correctional institution, has been permanently deprived of parental rights and responsibilities for the care of the childminor and the right to have the child minor live with the parent and to be the legal custodian of the childminor by a court exercising juvenile jurisdiction, or has been deprived of parental rights and responsibilities for the care of the childminor and the right to have the child minor live with the parent and to be the legal custodian of the childminor by the appointment of a guardian of the person of the minor by the probate court or by any other another court of competent jurisdiction.

(C)(1) Any marriage between persons of the same sex is against the strong public policy of this state. Any marriage between persons of the same sex shall have no legal force or effect in this state and, if attempted to be entered into in this state, is void ab initio and shall not be recognized by this state.

(2) Any marriage entered into by persons of the same sex in any other jurisdiction shall be considered and treated in all respects as having no legal force or effect in this state and shall not be recognized by this state.

(3) The recognition or extension by the state of the specific statutory benefits of a legal marriage to nonmarital relationships between persons of the same sex or different sexes is against the strong public policy of this state. Any public act, record, or judicial proceeding of this state, as defined in section 9.82 of the Revised Code, that extends the specific statutory benefits of legal marriage to nonmarital relationships between persons of the same sex or different sexes is void ab initio. Nothing in division (C)(3) of this section shall be construed to do either of the following:

(a) Prohibit the extension of specific benefits otherwise enjoyed by all persons, married or unmarried, to nonmarital relationships between persons of the same sex or different sexes, including the extension of benefits conferred by any statute that is not expressly limited to married persons, which includes but is not limited to benefits available under Chapter 4117. of the Revised Code;

(b) Affect the validity of private agreements that are otherwise valid under the laws of this state.

(4) Any public act, record, or judicial proceeding of any other state, country, or other jurisdiction outside this state that extends the specific benefits of legal marriage to nonmarital relationships between persons of the same sex or different sexes shall be considered and treated in all respects as having no legal force or effect in this state and shall not be recognized by this state.

Sec. 3105.12.  (A) Except as provided in division (B) of this section, proof of cohabitation and reputation of the marriage of a man and woman is competent evidence to prove their marriage, and, in the discretion of the court, that proof may be sufficient to establish their marriage for a particular purpose.

(B)(1) On and after the effective date of this amendmentOctober 10, 1991, except as provided in divisions (B)(2) and (3) of this section, common law marriages are prohibited in this state, and the marriage of a man and woman may occur in this state only if the marriage is solemnized by a person described in section 3101.08 of the Revised Code and only if the marriage otherwise is in compliance with Chapter 3101. of the Revised Code.

(2) Common law marriages that occurred in this state prior to the effective date of this amendment October 10, 1991, and that have not been terminated by death, divorce, dissolution of marriage, or annulment remain valid on and after the effective date of this amendmentOctober 10, 1991.

(3) Common law marriages that satisfy all of the following remain valid on and after the effective date of this amendment October 10, 1991:

(a) They came into existence prior to the  effective date of this amendment October 10, 1991, or come into existence on or after that date, in another state or nation that recognizes the validity of common law marriages in accordance with all relevant aspects of the law of that state or nation.

(b) They have not been terminated by death, divorce, dissolution of marriage, annulment, or other judicial determination in this or another state or in another nation.

(c) They are not otherwise deemed invalid under section 3101.01 of the Revised Code.

(4) On and after the  effective date of this amendmentOctober 10, 1991, all references in the Revised Code to common law marriages or common law marital relationships, including the references in sections 2919.25, 3113.31, and 3113.33 of the Revised Code, shall be construed to mean only common law marriages as described in divisions (B)(2) and (3) of this section.
Section 2. That existing sections 3101.01 and 3105.12 of the Revised Code are hereby repealed.
Section 3. In enacting new division (C) of section 3101.01 of the Revised Code in this act, all the following apply:

(A) The General Assembly declares and reaffirms the state of Ohio's historical commitment to the institution of marriage as a union between a man and a woman as husband and wife.

(B) The General Assembly declares its intent to define marriage and clarify that relationships that are intended as substitutes for marriage, including but not limited to "civil unions" as provided for in Vt. Stat. Ann. tit. 15, §1202 (2003), will not be recognized in this state. It is not the intent of the General Assembly to prohibit the extension of specific benefits otherwise enjoyed by all persons, married or unmarried, to relationships between persons of the same sex or different sexes.

(C) The General Assembly declares its intent not to make substantive changes in the law of this state that is in effect on the day prior to the effective date of this act with respect to the validity of marriages heretofore occurring within this state.


03 February 2004 - (Link to this entry) (Comment)
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Midnight plus one minute.  I just completed building the multi-media entertainment for Ba-da-Bingo this Thursday.

Please, please, please!  Stop sending missives asking if I have a secret stash of tickets.  Ba-da-Bingo sold out two weeks ago.  Tickets for future nights are available by clicking here.  (I considered posting some of the better messages but decided doing so may be cruel.)

Please, please, please!  Stop sending notes attempting to convince me Maine is much too cold a place to live.  I spent two winters in Idaho.  Cold scares me not.  (Most of these notes come from Californians who also want Ba-da-Bingo tickets - see above.)

I need some information.  I have two cats who need to move to Maine with me.  I am considering using a professional pet transporter.  This means the cats travel in the pressurized cargo hold of an airliner.  Placing my cats, MUNI Guy and myself in a small car for two weeks would result in one of us not surviving the journey to Maine.  If you have used either an airline or pet transporter to move your pets, please share your experience with me.  I am concerned about entrusting my cats to strangers.

On a more intimate note, the final season of Ba-da-Bingo begins Thursday night.  I'll be turning off the lights and locking the doors in a few months.  After creating and running the event for five years, and for the first time in memory, I feel some hesitancy about letting go of something I've held for so long.  The weight of time and the limited quantity of same allotted to me suddenly jolted from peripheral awareness to the center of my attention. 

04 February 2004 - (Link to this entry) (Comment)
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I spent fourteen months stationed in Idaho.  The fourteen months were positioned perfectly on the calendar to ensure I enjoyed the full force of two winters. 

Eastern Idaho is flat.  The winds descend from the mountains and scrape across the terrain.  Snow piles up in drifts taller than I and ice coats every exposed surface. 

Arriving in Idaho, I puzzled over the extension cords dangling from the grills of every car in town.  Midwinter, I learned these cords connected to engine block heaters.  An unheated engine quickly became an unusable engine.

Lacking both the will and the finances to install an engine block heater, I engineered one of my own.  I parked my car facing away from the wind, wedged an old hairdryer under the hood as close to the engine block as possible, connected it to the house with a long and improper extension cord, and left it running.  The cold air kept the hairdryer from overheating and the hairdryer appeared to keep the engine warm enough to start on the first try.  My rent, mercifully, included utilities. 

The hairdryer was covered in oil by the end of the winter.  Nothing is as safe as an electric hairdryer, covered in oil and left dangling over a leaking header gasket.

Different topic:  If you want a Kum & Go shirt of your own, click here.  Thank you to Leigh for sending me the link.

07 February 2004 - (Link to this entry) (Comment)
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I have a backlog of material for both Trains and Stairways of San Francisco.  This weekend I am attempting to catch up.  The latest Trains entry features the Cariboo Prospector in 2002 and is not my best work.  Indeed, some of the material backlog is more than a year old.

Tomorrow I conduct a private tour of the Castro for Radio Canada.

08 February 2004 - (Link to this entry) (Comment)
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A new addition to Trains: The Mount Washington Cog Railway.

09 February 2004 - (Link to this entry) (Comment)

How uncomfortable to find myself prepared to escort a foreign film crew on a tour of the Castro, only to discover their primary interest was in producing a program on gay marriage.  I felt as if I dressed for a cotillion only to discover the invitation was to a pool party.  I was prepared to point out the finer bits of Castro history and was unprepared to make insightful comments about social issues - especially on camera.  To further my discomfort, neither the film crew nor the host appeared to tolerate humor.

I strongly dislike television news reporting.  Even the best of television reduces complex discussions to sound bites interspersed among commercial breaks.  A medium designed to entertain is rarely suited to educate.  As an Australian acquaintance says:  "What is in the public interest is not always what the public is interested in.  In America, these often get confused."
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I am uncomfortable when asked to produce a sound bite for a television camera.  Once when asked a question by a reporter, I attempted to give an answer of reasonable length and intelligence.  Twenty five seconds after I began speaking she turned away and motioned the camera to follow. 

Yesterday, however, I had an entire hour of tape recording my every word (and perhaps one moment when I coughed up phlegm behind the roar of a passing bus).  Any of those sixty minutes surviving the editorial process will be muted among hundreds of channels touting reality shows, teenage singers and sitcoms from decades past.

Thankfully I wore my leopard print sunglasses and white polyester suit.  The French should find those terribly fashionable.

".....there is no public opinion except what is manufactured by those new and terrible engines - broadcasting and a controlled press." -Winston Churchill, 1947

11 February 2004 - (Link to this entry) (Comment)
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I heard today an outstanding compromise for resolving the tension over gay marriage.  The idea proposes the government stop issuing marriage licenses altogether.  The government would instead simply register civil unions regardless of gender.  "Marriage" would be a word reserved to describe unions recognized by churches.  Churches would set the criteria for marriages they wish to acknowledge.

This elegant solution provides the social benefits of civil unions gay couples want while providing religious groups the freedom to resolve the question indivividually.

Whatever the gender of your partner, it best not to urinate in the snow after robbing a store. 

13 February 2004 - (Link to this entry) (Comment)
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Fried noodles:  David and I were walking down Mission Street after lunch yesterday.  Crossing an intersection, we heard a bus clatter across the street followed by a snap from the overhead, high voltage streetcar wires.  The downed wire fell across the hood of a Mercedes.  The driver of the Mercedes jumped out, racing around his car, reaching for the energized wire.  David and I began shouting: "Don't touch it!  Don't touch it!"  The driver stopped with his hand just inches from the wire.

Perhaps we did a good act.  Evolutionists may disagree.  Although I'm not so concerned about saving the driver, we did spare the city a wrongful death lawsuit.

In other news, the Sisters' Scholarship Fund I chair awarded 23 scholarships to college students this week.  All the scholarship money comes from Ba-da-Bingo.  (Tickets for the final season are nearly gone. Go get your tickets now.)

Tomorrow night is Bear-da-Bingo.  Ten bucks, eight o'clock, Ramada Inn on Market Street, big seating capacity, expected to sell out.

Have you viewed the trailer for the Triplets of Belleville?

16 February 2004 - (Link to this entry) (Comment)
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Gay marriage may not be entirely popular, but it is entirely profitable.  The price of a marriage certificate in San Francisco is $95 and nearly 2,000 gay couples entered marital bliss this weekend.  If you are slow with math, the three-day total approaches $190,000.  States struggling with budget deficits might consider the monetary value of legal recognition.

Trivia:  Marriage licenses in California are issued by county clerks. San Francisco is unique in that the city and county government are the same entity.

Congratulations to David and Mark on their marriage today.

16 February 2004 - later - (Link to this entry) (Comment)
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I went to City Hall this afternoon.  The crowd outside cheered as couples emerged waving marriage certificates over their heads.  Joyous and radiant are terms insufficient to describe the energy of the moment, the couples and the crowd.  Here is a group of people receiving equal recognition in a society which consistently refuses to acknowledge their humanity.  That a judge may nullify the certificates tomorrow made no difference today.

Before I left, I watched a former Marine (who I knew when I was in the Navy) walk out of City Hall with a husband and a marriage certificate.

Photos from the gay marriage festivities at San Francisco City Hall:
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18 February 2004 - (Link to this entry) (Comment)

A representative of an anti-gay marriage group stated today on NPR that allowing gay marriage in San Francisco will "annihilate marriage as we know it". 
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While the image of exploding heterosexuals isn't entirely without humor, the war metaphor is extreme.  With our existing War on Terrorism, War on Taxes and War on Drugs, our public airwaves are heavy with military jargon and emotionally overburdened statements. 

Equally annoying are the American journalists who permit such statements to pass without question.  Corporate journalists are the worst, public radio hosts are only modestly better.  I dream of hearing an interviewer stop a guest and say, "Pardon?  What the does that nonsense really mean?"

19 February 2004 - (Link to this entry) (Comment)
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How wonderful to open the mailbox to find a copy of the Polish newsmagazine Exklusiv featuring some of my photographs: streetcars, Victorians, gay boys in Delores Park, and drag queens.  Polish wasn't an elective course in my small town high school and I haven't a clue what the article says.  (If you look closely, you'll see the photo credit mistakenly points to an entirely different Sister Betty website - one without relation to this one.)

Remember Road Trip 2003?  It is nearly time for another journey.  Last year I drove from California to Maine and back.  This year it will be a one-way trip.  I fell in love with Portland, Maine and decided to make it my new home.  In June a moving company will take the furniture, an airline will transport the cats, and I will embark on Road Trip 2004.  Details shortly.

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