"Well they blew the horns,
And the walls came down..."

Michael Been, THE CALL

Change is definitely coming, so much so that even if the democrats lose control of the House and Senate in November, it is no longer a question of "if", but rather, of when gays and lesbians get equal rights in this country.

On this day, an Appeals Court in the District of Columbia upheld the same-sex marriage law in our nation's capitol, ruling that opponents claim that the issue needed to be put before voters before the law could take effect were not valid. On this day, the senate in Argentina followed the actions of the lower house of congress earlier in the year, in enacting legislation allowing same-sex couples the right to marry, and many if not all the other legal ramifications associated therewith, essentially making gays and lesbians equal citizens in that South American country. This despite a strong presence of the Roman Catholic church in Argentina, and an equally strong fight against the legislation. President CRISTINA FERNANDEZ de KIRCHNER is expected to sign the law upon her return from a state visit to China, making Argentina the first South American nation to recognize same-sex marriage rights for gays and lesbians.

Mexico City has enacted similar legislation for the capitol of Mexico. Can the United States, and President OBAMA be far behind?

The OBAMA administration has been advancing causes dear to the gay community, most recently this week, a change in HIV/AIDS policy. In an East Room announcement before AIDS activists, the President heralded a new commitment to prevention, treatment and improving on the disparities poor communities have in combating this terrible disease.

"So fighting HIV/AIDS in America and around the world will require more than just fighting the virus. It will require a broader effort to make life more just and equitable for the people who inhabit this Earth. And that's a cause to which I'll be firmly committed so long as I have the privilege of serving as President. "

But, on the issue of same-sex marriage, President OBAMA is not as evolved as the leaders in Mexico City or Buenos Aires are. The President is opposed to same-sex marriage in the United States. Who would have ever imagined that Mexico, or Argentina, or even Iowa would be ahead of the United States government on leading the way for equal marriage rights for same-sex couples. It boggles the mind. But it is coming nevertheless.

Last week a federal judge in Massachusetts ruled DOMA, the federal ban against same-sex marriage was unconstitutional. District Judge JOSEPH TAURO wrote, "Congress undertook this classification for the one purpose that lies entirely outside of legislative bounds, to disadvantage a group of which it disapproves. And such a classification the Constitution clearly will not permit. While President OBAMA opposes DOMA, and has said he will overturn it, his Justice Department argued this case in favor of DOMA, an action that the President defends as the duty of the Justice Department until the law is overturned.

Meanwhile in California, a ruling is due any day in the landmark case undertaken by fames co-counsel DAVID BOIES and TED OLSEN. A similar ruling, striking down DOMA is expected in that case, which is now under consideration by District Judge VAUGHN WALKER. That judge could rule that gays and lesbians are a "suspect class" which would make any number of laws adversely affecting homosexuals much more difficult to justify under the Constitution.

As this is ongoing, the Log Cabin Republicans filed a federal lawsuit in Riverside, California asking a judge to rule the Defense Department's "Don't Ask, Don't Tell" policy is unconstitutional. Congress and the Defense Department might reverse that policy before this judge has time to rule. The walls really are crumbling.

Set against this backdrop, in Hollywood, television shows GLEE and MODERN FAMILY garnered 34 Emmy nominations between them. The shows have major character developments that deal honestly and directly with gay and lesbian issues, with particular precision on gays and family. It has taken 13 years since ELLEN came out on television, and it's been 12 years since WILL & GRACE debuted. Hell, it's been 50 years since PAUL LYNDE graced the tube as a father in a sitcom on his namesake sitcom, and while his character, nor he was openly gay, it was the start, one of many that included the likes of CHARLES NELSON REILLY, and loads of others, who all chipped away over the years, at Hollywood's homophobic schizophrenia, and it is finally coming full circle. It's acceptable to be gay on mainstream, primetime television.

Reality television, and BRAVO have been serving up gay "characters" for years. But critical mass in both entertainment and politics is converging in a way that has never happened before. And the world, in places like Argentina, Mexico, Spain, The Netherlands, Belgium, Norway, Portugal, Iceland and South Africa are leading the way.

The walls are tumbling, crumbling down. And it's about time.

"They just stood there laughing,
They're not laughing anymore.
The walls came down."

In an interesting decision involving the rights of a school to deny an organization official student group status based on their intolerance of homosexuality, the Supreme Court ruled in favor of the school, Hastings Law School in San Francisco, and against the student group, Christian Legal Society.

The group required members to renounce "participation" or "advocacy" of immoral sex, defined as anything outside of heterosexual marriage. Hastings denied them status on its campus, and the group sued for violations of the 1st and 14th Amendments to the constitution, the right to free speech, to expressive association and the free exercise of religion.

The decision was 5-4, with Justice RUTH BADER GINSBERG writing the majority opinion. The case did not specifically rule that schools could require organizations to be non-discriminatory. It merely ruled that the Hastings policy of official groups accepting "all comers" was constitutional. Nevertheless, it was noteworthy in that Justice ANTHONY M. KENNEDY joined the liberal block of STEVENS, BREYER and SOTOMAYOR, rather than side with the conservative wing of the court, which he had been doing on a regular basis lately.

Justice SAMUEL ALITO wrote the dissenting opinion, "I do not think it is an exaggeration to say that today's decision is a serious setback for freedom of expression in this country."

Well, if that freedom of expression involves divisive, hateful and intolerant behavior, then it has no place as an official group on a school campus. That seems like a step forward, rather than a setback to me.

With historic crises shattering all around them, the White House, led by President OBAMA, and acted upon by a host of his administration, including Secretary of State HILLARY CLINTON, has taken time to celebrate gay and lesbian pride month, and continue to advance numerous causes for the GLBT community.

Today, Medicare proposed new rules for same-sex patients and their loved ones, as originally announced by President OBAMA back in April of this year.

Just yesterday, Health and Human Services Secretary KATHLEEN SEBELIUS sent a letter to hospitals participating in Medicare and Medicaid, advising them to not wait for a formal rule from the government to begin implementing the President's new policy of allowing visitation to loved ones of gay and lesbians in hospitals.

And yesterday, President OBAMA issued a statement about gay and lesbian pride, and the efforts this administration has undertaken for homosexuals, with prominent members of the GLBT community joyously looking on in the East Room,

The speech in itself is an amazing thing. The fact that he delivered it less than an hour after delivering remarks in the very same room about the possible firing of General McCRYSTAL , and amidst the continuing Gulf Coast disaster is just unbelievable. He even took time to note two openly gay members of Congress in the room, Representative TAMMY BALDWIN of Wisconsin, and Representative JARED POLIS of Colorado. "They are openly terrific," the President said.

Also on Tuesday, as the President previewed in his remarks, the Department of Labor clarified the definition of "son" and "daughter" allowing employees who assume the role of child rearing to receive parental rights to family leave regardless of the legal or biological relationship, and no matter if they are in a same-sex relationship.

Secretary of Labor HILDA SOLIS stated.

Last week in his Father's Day Proclamation, the President included this language:

I go on.

On Tuesday Attorney General ERIC HOLDER spoke with the media,

First Lady Hillary Rodham Clinton at New York City Pride June 2000

Likewise, Secretary of State HILLARY CLINTON made remarks about gay and lesbian pride month.

CLINTON then went on to mention the numerous efforts the State Department is undertaking to bring about equal rights for GLBT persons all over the world, citing specifics in Africa, Albania and Slovakia. It is rather incredible that this government is doing so much, with an environmental crisis of historic proportions; a military upheaval of equally historic nature; two ongoing wars; and, the worst economic crisis since the great depression, all demanding time and resources from the OBAMA administration.

Secretary CLINTON closed her remarks,

It's our pleasure Madame Secretary, and Mr. President. Our pleasure indeed!

Applicants will be required to comply with state & local LGBT anti-discrimination laws

WASHINGTON - For the first time in its history, the U.S. Department of Housing and Urban Development (HUD) will require grant applicants seeking HUD funding to comply with state and local anti-discrimination laws that protect lesbian, gay, bi-sexual, and transgender (LGBT) individuals. Today, HUD published a notice detailing the general requirements that will apply to all of the Department's competitively awarded grant programs for Fiscal Year 2010.

"We're using every avenue to shut the door against discrimination," said HUD Secretary Shaun Donovan. "Today, we take an important step to insist that those who seek federal funding must demonstrate that they are meeting local and state civil rights laws that prohibit discrimination based on sexual orientation or gender identity."

Traditionally, HUD requires all applicants for competitive grant funding to comply with all applicable federal fair housing and civil rights requirements including those expressed in Fair Housing Act; Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973; and Title II of the Americans with Disabilities Act. Now HUD will further stipulate that applicants and their sub-recipients must comply with state or local laws proscribing housing discrimination based on sexual orientation or gender identity. It is estimated there are approximately 20 states and the District of Columbia that have laws prohibiting discrimination based on sexual orientation discrimination. In addition, 12 states and the District of Columbia prohibit discrimination based on gender identity.

Expanding on his groundbreaking efforts to include federal benefits for domestic partners of federal employees, President OBAMA yesterday announced an expansion of those services:

"Last year, I issued a Presidential Memorandum that instructed the Office of Personnel Management and the Secretary of State to extend certain available benefits they had identified to gay & lesbian federal employees and their families under their respective jurisdictions. Among those benefits were long-term care insurance and expanded sick leave for civil service employees and medical care abroad, eligibility for employment at posts, cost-of-living adjustments abroad and medical evacuation for domestic partners of foreign service members. In that same Memorandum, I called upon the federal agencies to undertake a comprehensive review and to identify any additional benefits that could be extended to the same-sex domestic partners of Federal employees under existing law. That process has now concluded, and I am proud to announce that earlier today, I signed a Memorandum that requires Executive agencies to take immediate action to extend to the same-sex domestic partners of Federal employees a number of meaningful benefits, from family assistance services to hardship transfers to relocation expenses. It also requires agencies that extend any new benefits to employees' opposite-sex spouses to make those benefits available on equal terms to employees' same-sex domestic partners to the extent permitted by law.

While this Memorandum is an important step on the path to equality, my Administration continues to be prevented by existing Federal law from providing same-sex domestic partners with the full range of benefits enjoyed by heterosexual married couples. That is why, today, I renew my call for swift passage of an important piece of legislation pending in both Houses of Congress-the Domestic Partnership Benefits and Obligations Act. This legislation, championed by Senators Joe Lieberman and Susan Collins and Congresswoman Tammy Baldwin, would extend to the same-sex domestic partners of Federal employees the full range of benefits currently enjoyed by Federal employees' opposite-sex spouses. I look forward to signing it into law."

Toady, JOHN BERRY, the Director of the US Office of Personnel Management praised the move by the president:
"This is another major step forward for gay and lesbian federal employees. But it's also a good business practice -- this will help us retain valuable employees and better compete with other employers for top talent," said Director Berry. "President Obama has stated clearly that this is an issue of equality. But just as important, youth today, LGBT or not, see these benefits as a litmus test for determining high quality employers."

While the Presidential Memorandum directs agencies to provide benefits to federal employees' same sex domestic partners to the extent permitted by law, there are a number of important employment benefits that cannot be extended without legislative changes such as those being proposed in the Domestic Partnership Benefits and Obligations Act, which is supported by the President. These include health insurance benefits under the Federal Employee Health Benefits Program, as well as retirement benefits. So the fight goes on, with President OBAMA leading the way.

The president of Malawi, President BINGU wa MUTHARIKA in a surprise move on Saturday, pardoned TIWONGE CHIMBALANGA and STEVEN MONJEZA, less than a month since the two were convicted, over their marriage ceremony last December. The White House, who no doubt must have had some influence in this matter, responded:

"THE WHITE HOUSE
Office of the Press Secretary
______________________________________________________________________________
For Immediate Release May 29, 2010

Statement by the Press Secretary on Today's Pardoning in Malawi

The White House is pleased to learn of President Bingu wa Mutharika's pardon of Tiwonge Chimbalanga and Steven Monjeza. These individuals were not criminals and their struggle is not unique. We must all recommit ourselves to ending the persecution and criminalization of sexual orientation and gender identity. We hope that President Mutharika's pardon marks the beginning of a new dialogue which reflects the country's history of tolerance and a new day for lesbian, gay, bisexual, and transgender rights in Malawi and around the globe."

It has been a busy few days for President OBAMA and his administration, despite escalating pressures in the Gulf oil catastrophe, they still found time to release a proclamation for June, traditionally gay pride month.

"As Americans, it is our birthright that all people are created equal and deserve the same rights, privileges, and opportunities. Since our earliest days of independence, our Nation has striven to fulfill that promise. An important chapter in our great, unfinished story is the movement for fairness and equality on behalf of the lesbian, gay, bisexual, and transgender (LGBT) community. This month, as we recognize the immeasurable contributions of LGBT Americans, we renew our commitment to the struggle for equal rights for LGBT Americans and to ending prejudice and injustice wherever it exists," President OBAMA wrote.

"LGBT Americans have enriched and strengthened the fabric of our national life. From business leaders and professors to athletes and first responders, LGBT individuals have achieved success and prominence in every discipline. They are our mothers and fathers, our sons and daughters, and our friends and neighbors. Across my Administration, openly LGBT employees are serving at every level. Thanks to those who came before us -- the brave men and women who marched, stood up to injustice, and brought change through acts of compassion or defiance -- we have made enormous progress and continue to strive for a more perfect union."

The president then went on to list his achievements with regard to gays and lesbians thus far, in his embattled time in office:

"My Administration has advanced our journey by signing into law the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act, which strengthens Federal protections against crimes based on gender identity or sexual orientation. We renewed the Ryan White CARE Act, which provides life-saving medical services and support to Americans living with HIV/AIDS, and finally eliminated the HIV entry ban. I also signed a Presidential Memorandum directing hospitals receiving Medicare and Medicaid funds to give LGBT patients the compassion and security they deserve in their time of need, including the ability to choose someone other than an immediate family member to visit them and make medical decisions.

In other areas, the Department of Housing and Urban Development (HUD) announced a series of proposals to ensure core housing programs are open to everyone, regardless of sexual orientation or gender identity. HUD also announced the first-ever national study of discrimination against members of the LGBT community in the rental and sale of housing. Additionally, the Department of Health and Human Services has created a National Resource Center for LGBT Elders."

It is an impressive resume, despite the overall feeling that he has not done enough, and not nearly fast enough.

"Much work remains to fulfill our Nation's promise of equal justice under law for LGBT Americans. That is why we must give committed gay couples the same rights and responsibilities afforded to any married couple, and repeal the Defense of Marriage Act. We must protect the rights of LGBT families by securing their adoption rights, ending employment discrimination against LGBT Americans, and ensuring Federal employees receive equal benefits. We must create safer schools so all our children may learn in a supportive environment. I am also committed to ending "Don't Ask, Don't Tell" so patriotic LGBT Americans can serve openly in our military, and I am working with the Congress and our military leadership to accomplish that goal.

As we honor the LGBT Americans who have given so much to our Nation, let us remember that if one of us is unable to realize full equality, we all fall short of our founding principles. Our Nation draws its strength from our diversity, with each of us contributing to the greater whole. By affirming these rights and values, each American benefits from the further advancement of liberty and justice for all."

You can think what you will, about what this president has done, and how long it has taken him to do it, even what he has not yet attempted. But with each effort, with each incremental step, he is making history for the gay and lesbian community. And he is committed to bringing about full equality for gays and lesbians.

It is long overdue. But it is getting done.

Portugal President ANIBAL CAVACO has indicated he will sign into law a bill allowing Portugese gays and lesbians to marry, making Portugal the 6th European country which treats same-sex as legal. The Netherlands, Belgium, Sweden, Norway and Spain are also among the ranks of the civilized and evolved.

Portugal's government is led by progressives, but President CAVACO is a conservative, and he could have rejected the legislation.

On the other end of the spectrum, the African nation of Malawi found a gay couple guilty of unnatural acts and gross indecency, all because they became engaged to be married. The couple were arrested on December 28th, two days after they were engaged in Blantyre, the country's commercial capital, before a small group of celebratory friends and aquaintances. The conviction continues an ominous trend in Africa, where Uganda, Gambia and Senegal have varying degrees of criminal punishments for homosexual behavior, including life imprisonment and beheading.

The couple in Malawi, STEVEN MONJEZA and TIWONGE CHIMBALANGA, face up to 14 years in prison. They have been incarcerated since their arrest in December.

Did President OBAMA nominate the first gay Supreme Court Justice, when he announced ELENA KAGAN as his choice to replace Justice JOHN PAUL STEVENS? Probably not, as there must have been at least one closet case in the long line of Justices who have served on the nation's highest court. After all, a good percentage of high achievers turn out to be gay, not necessarily because of some higher evolved state of being, but probably because of a need to bury themselves in their careers; to overcompensate for perceived shortcomings; and, to exert power and revenge on society through the overthrow and domination of all around them.

It's intuitive, really.

The rumors about KAGAN began swirling last year, just after President OBAMA nominated her for the Solicitor General post. Websites, of varying repute, from around the globe have posted various tidbits, suggesting that ELENA KAGAN is a lesbian. Whether she had a husband was probably the most queried item on the internet after the president's announcement.

Now the issue will be front and center, in the hallowed halls of the United States Senate, in confirmation hearings that could begin as early as June.

Think of it-gay marriages are currently taking place in our nation's capitol, legally. The Congress cowered from debating the issue earlier in the year. And now, ORRIN HATCH, JON KYL, JEFF SESSIONS and JOHN CORNYN will be prosecuting the issue in the court like proceedings of the Senate Judiciary Committee. And that's the matinee, with the Supreme Court getting the gay marriage issue plopped into it's lap thanks to former Republican villain, TED OLSON. Who scripted this stuff? President OBAMA is a genius. He's better than BILL CONDON for Pete's sake.

Of course, it's not all OBAMA'S doing.

It was Senator CORNYN that pressed ELENA KAGAN on the same-sex marriage issue in her confirmation hearings for Solicitor General last year. It will no doubt be one of the highlights of the hearings, and let me explain why.

ELENA KAGAN'S personal life is a remarkable secret on the internet. She apparently has never been married. At 50, she is pre-Facebook, so there are none of the silly mistaken photo postings of her and some DJ at a gay bar. Nor are there any confirmed reports of a female partner, despite her holding some very public posts, as dean of the Harvard Law School and Solicitor General of the United States. Did she never drag along a significant other to the law school picnic, or the moot court competition. With whom did she attend the inaugural balls? Hmmm.

It is now widely known that as Dean of Harvard, KAGAN opposed the military's "Don't Ask, Don't Tell" policy. That stance was flushed out in a standoff with the Defense Department over the Solomon Amendment, a provision which strips funding for educational institutions that inhibit the military's ability to recruit on that school's campus. KAGAN and the administration at Harvard caved when pushed by the military on certain restrictions Harvard imposed on recruiting efforts, but KAGAN at the time issued a statement of her opposition to the policy.

That illumination alone might be enough to convince some that KAGAN is indeed a lesbian, or if not, then an enlightened individual, with a developed sense of humanity consistent with rational, heart-possessing human beings. In other words, not a republican.

But there is the little matter of her position on same-sex marriage. That's where the republicans come in, namely Senator JOHN CORNYN, who posed KAGAN some written questions in her confirmation proceedings last year.

Question: "As Solicitor General, you would be charged with defending the Defense of Marriage Act. That law, as you may know, was enacted by overwhelming majorities of both houses of Congress (85-14 in the Senate and 342-67 in the House) in 1996 and signed into law by President CLINTON. Given your rhetoric about the 'Don't Ask, Don't Tell' policy-you called it a 'profound wrong-a moral injustice of the first order'-let me ask this basic question: Do you believe that there is a federal constitutional right to same-sex marriage?"

Answer: "There is no federal constitutional right to same-sex marriage."

Question: "Have you ever expressed your opinion whether the federal Constitution should be read to confer a right to same-sex marriage? If so, please provide details."

Answer: "I do not recall ever expressing an opinion on this issue."

Question: "In 2003, the Massachusetts supreme court ruled that there is a constitutional right to same-sex marriage under the Massachusetts constitution. Do you agree with that ruling? Have you ever discussed it with anyone? What did you say?

Answer: "I have never studied the Massachusetts Constitution, judicial interpretations of that document, or the SJC's decision, so I do not have an informed view. I moderated a panel on SJC's decision at Harvard Law School on February 2004, but do not recall stating any views of my own at this event. I suspect I participated in informal conversation about the decision when it came out, but I cannot remember anything I said."

Wow. How informed a view do you have to have to view things in such a way as to be able to say you didn't have an informed view, just when that view might be the view to a kill. JAMES BOND couldn't have done it better, despite the theme song.

So, it seems abundantly clear to me, that gay marriage will be a fundamental issue for republicans to pursue with this nominee. And while she can deftly dodge those inquiries, refusing to comment on a matter that will no doubt come before the court soon (how convenient is that-someone is playing gay puppet master like a fiddle here), the matter, the constitutionality of same-sex marriage will indeed be litigated in the Senate.

We thought it would be the House. We thought it might be the federal district court, or even the 9th Circuit Court of Appeals in California. But no, it will be the Senate where the first of perhaps several public trials fo this issue will play out.

It is the civil rights issue of our time. And it's about time.

Thank you President OBAMA.

After the passage of Proposition 8, where the right for same-sex couples to marry was stripped from California residents, civil rights for gays, lesbians, bisexuals and transgendered individuals was thrust into the collective consciousness of the gay community, as well as the straight community. Not only was gay marriage passed in states like Iowa, New Hampshire and Vermont, but talk and action was front and center on issues like hate crime legislation, employment discrimination and the repeal of "Don't Ask, Don't Tell". There is even legislation which has once again been proposed by Representative GERALD NADLER of New York which would allow gays and lesbians to naturalize their partners who are not citizens of this country.

Proposition 8 ignited a nationwide resurgence of civil rights activism for the gay community that was dormant for 30 some years. People all over the country know what "Prop 8" was about, and what injustice was done because of it.

see video Equality Forum Executive Director MALCOM LAZIN

Before Prop 8 there were people like MALCOLM LAZIN, founder and executive director of EQUALITY RIGHTS FORUM, a national, and international non-profit organization dedicated to the advancement of civil rights for the gay community. The work of EQUALITY FORUM began in 1993 under the auspices of PRIDEFEST PHILADELPHIA, but the name was changed to it's current state in 2003. Still, it wasn't until 2008, and later, that a critical mass, a realization by a majority of gays, lesbians, bisexuals and transgendered individuals, as well as the rest of this country, that gay marriage, and other matters were indeed the civil rights movement of our time.

And that movement was advanced another measure by this year's EQUALITY FORUM, a week of substantive panels, art exhibits, dance performances, and parties, all focused on shining a bright light on the issue of inequality for the GLBT community in this country, and around the world.

The week started out with a VIP party at the PALOMAR HOTEL, a KIMPTON HOTEL known for its proactive approach to marketing to GLBT travelers. There, Councilman FRANK DiCICCO was presented with the DISTINGUISHED SERVICE AWARD for his service as councilman to a district of the city that not only includes the "gayborhood", as it is known in the city, but also a large swath of Roman Catholic straight residents, of which DiCICCO is one.

see video Councilman FRANK DiCICCO

He proceeded to tell the VIP crowd that it was not an easy sell, when he took office in 1996, to convince his nervous constituents, that gays and lesbians were not the demons that they were portrayed to be. Yet, the people of his district came to understand that gays and lesbians were good neighbors; they cared about their property; and they cared about the neighborhood. And the rest is history. In Philadelphia, the "gayborhood" is not only a good place to live and do business, but also a tourist attraction for gays and straights, with thriving restaurants and nightclubs.

Pennsylvania is a conservative state. It is the state that elected ARLEN SPECTER and RICK SANTORUM. It is a largely Catholic state, with traditional family values. MALCOLM reminded us of a popular anecdote, "There's Philadelphia, Pittsburgh, and Alabama in between."

But, as Councilman DiCICCO pointed out, it is also a state where gays and lesbians coexist, at least in his district, in a spirit of brotherly love.

It was a great start to the week.

The next night EQUALITY FORUM hosted the NATIONAL RACISM PANEL, with the Reverend Dr. AMOS BROWN, a Southern Baptist preacher and president of San Francisco's NACCP chapter; and, SHARON LETTMAN, Executive Director of the National Black Justice Coalition. They both represented remarkable efforts to advance the rights of GLBT Americans, particularly those of minority Americans, and did so while both being heterosexuals.

"As far as I'm concerned, black people invented 'Don't ask, don't tell'" SHARON LETTMEN told the audience, as she expressed her firm belief that people need to be open and honest in their lives. You need to "own your identity!"

"I will be so bold as to say that 98% of the black preachers in this country are homophobic," Dr. BROWN announced. He went on to proscribe the solution was to address the bigotry and homophobia of the white religious community, as the black churches merely espoused the traditional fire and brimstone approach as originated by white preachers. He related stories of the Reverend MARTIN LUTHER KING, under whom he studied in the classroom, and with whom he spent time in prison after being arrested for civil disobedience.

see video The Reverend Dr. AMOS BROWN

Those stories were fascinating, as Dr. BROWN beamed with hope for the future. But it was his reference to the King James Bible, as he related the story of one of the King's letters to his lover, and how he used to query his fellow preachers, waving the bible as he said," Is this all out the window now?"

Check out "KING JAMES & LETTERS OF HOMOEROTIC DESIRE" by DAVID BERGERON if any of this is news to you. Dr. BROWN suggested "CRAZY FOR GOD" by FRANK SCHAEFFER for some insight into just how wrong the religious "right" really is.

Later in the week a modern dance troupe choreographed by ANTHONY KASHIM TURPIN performed "UNATTAINABLE FREEDOM"to the words of Dr. MARTIN LUTHER KING in a truly touching moment.

Panels throughout the week included a NATIONAL TRANSGENDER PANEL, NATIONAL HISTORY PANEL, NATIONAL SPORTS PANEL and a NATIONAL LEGAL PANEL, which included KEVIN CATHCART, Executive Director of LAMBDA LEGAL, and JAMES ESSEKS, Director of ACLU'S GLBT & AIDS PROJECT.

EQUALITY FORUM Director MALCOLM LAZIN introduced the impressive team with an analogy about the "legal track' comparing the movement as progressing from a regular commuter train(definitely an East coast analogy) to a Metroliner, and in the process of transforming into an Acela. For those of you not fortunate enough to reside in the overcrowded, and humid East Coast corridor, an Acela is a high speed, express train, that is the equivalent of the legal developments affecting the gay and lesbian community even as we speak, or, er, read.

There are currently 3 cases with implications for GLBT individuals pending before the Supreme Court. Mr. CATHCART and Mr. ESSEKS gave the assembly the most up to date information and insight into the CLS v. MARTINEZ case, involving the right of a law school to deny funding and recognition to a student group that excludes gay students; DOE v REED, in which Justice ANTONIN SCALIA is apparently on our side, as he chastised lawyers making the argument that proponents of Washington State's domestic partnership law should have their privacy protected-"You know, you can't run a democracy this way, with everybody being afraid of his political positions known"; and, SNYDER v.PHELPS, involving the free speech rights associated with the despicable actions of FRED PHELPS who protests at the funerals of dead soldiers from Iraq and Afghanistan because he thinks their deaths are punishment from God for allowing gays and lesbians to serve.

There of course was discussion of the PERRY case, the notable California federal case involving gay marriage, helmed by DAVID BOIES and TED OLSON, the rivals of the infamous BUSH v. GORE Supreme Court litigation. That case has not even had its closing arguments yet. Those were announced for June 16th during the Equality Forum week, but everyone, including Attorney DAVID BOIES, with whom we talked about the case later in the week, feels certain that PERRY will end up before the Supreme Court soon.

see video LAMBDA LEGAL'S KEVIN CATHCART

Mr. CATHCART, head of LAMBDA LEGAL was not optimistic that the Supreme Court is ready to rule in favor of equal rights with regard to the marriage issue as presented by PERRY. He thoughtfully laid out the evolution by the court as it came to rule sodomy laws unconstitutional in LAWRENCE v TEXAS, some 17 years after BOWERS v HARDWICK failed to do so. That analysis indicated that at the time of the LAWRENCE decision the states were split on decriminalizing sodomy 37-31, whereas the states are currently 45-5 against allowing same-sex marriage. The tea leaves don't bode well on this issue, and Supreme Court justices are not known for putting their necks on the line, especially conservative leaning ones.

There was talk of a hopeful result for the GLBT community, in GILL v. OFFICE of PERSONNEL MANAGEMENT, which is a challenge to DOMA as being unconstitutional. The "Hope" is that even if the Supreme Court rules against gay rights in this case, it should not have much impact outside the state of Massachusetts, and that is at least good news. It was the most compelling panel of the week, and for a legal geek, it was heaven.

Later in the week, a day after the White House, through Defense Secretary GATES, signaled desires that "Don't Ask, Don't Tell" not be brought up for debate on repeal until after the elections in November, two timely panels were held, first-OBAMA GLBT APPOINTEES with JENN JONES, Advisor to Assistant Secretary for Public Housing; JEREMY BERNARD, Director of White House and Congressional Affairs for the National Endowment for the Humanitites; and, BRAIN BOND, Deputy Director, White House Office of Public Engagement.

The three had glowing praise for the new OBAMA administration.

"It's a totally different environment," JENN JONES beamed.

"The atmosphere across the board is much better now," said JEREMY BERNARD.

"This administration's crowning moment was when Vice President JOSEPH BIDEN swore in DAVID HUEBNER as ambassador to New Zealand. It was an incredible day for our community and this administration! The tone is so much different.' related BRIAN BOND. Indeed, BOND compared the numbers of openly gay appointees amongst recent administrations, with OBAMA already nominating 123 GLBT persons, including 2 transgenders. Over the course of 8 years President CLINTON nominated 152. President BUSH is not even worth mentioning, having appointed only 1 during his 8 years. Already the OBAMA administration has 22 confirmed GLBT people.

But the tone in the room turned sour as the moderator, KEVIN NATT of the WASHINGTON BLADE, based in DC, and the audience, pressed the appointees on the developments of the previous evening with regard to "Don't Ask, Don't Tell." BRIAN BOND, seeming visibly perturbed by the doubt in the room about whether President OBAMA was dedicated to repealing the policy, closed discussion on the matter with this statement, "What I can tell you is that this is a priority, it's something we're working on. There are several needles to thread here. The President is committed to it. He wouldn't have brought it up as many times as he had if he wasn't. We're working on it."

Another panel on Saturday was particularly newsworthy, as EQUALITY FORUM Director MALCOLM LAZIN sat down with Lieutenant DAN CHOI for a chat which, of course, focused on the administration's just announced intentions of delaying the repeal of "Don't Ask, Don't Tell." DAN CHOI was livid that the administraton would be more concerned about a "handful of democrats" losing their jobs, a reference to the fear that repealing the policy would put some congress members at risk in their races in November, versus the hundreds of service members who are losing their jobs under this policy. CHOI has expanded his message to include the injustice to the partners of service mebers who wouldn't even get notice from the government if their partners are wounded or illed in action. And he broadened his message to include rights across the board, including marriage and employment non-discrimination. He wlaked the audience through chants of "What do we want?", "Equality", "When do we want it?", "Now", as well as "I am SOMEBODY!" as if he were a drill instructor putting his recruits through their paces.

He also advocated for civil disobedience, informing the rapt attendees that chaining oneself to the White House gates was nothing more than a "traffic violation." Looking and sounding more and more like a preacher, a gift he has apparently acquired from his father, CHOI repeatedly referred to a notebook in his hand, as if it were a bible, or some other book of knowledge. He spoke in historical terms, citing that Dr. MARTIN LUTHER KING was not beholden even to the democratic party during his fight for civil rights, implying that perhaps a break from the democrats, and from the OBAMA administration, might be necessary to achieve our goal of equal rights.

Saturday evening EQUALITY FORUM honored the legal team prosecuting the PERRY case, with a $200 a plate dinner in the stunning setting of The National Constitution Center, overlooking Liberty Plaza and Independence Hall where the Liberty Bell is housed. Mr. BOIES displayed his passion for the case, saying he took it because "it was the right thing to do." He does not fear a negative result, if and when the case gets before the Supreme Court, at first, expressing hope that the court would do the right thing. But, in the event they don't, he reassured that the fight still goes on in the state courts and in the congress.

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Later he posed with Senator BOB CASEY as diners snapped photos. Senator CASEY assured us that he was committed to repealing the defense department policy earlier than GATES suggested, and even reassured me that the Senate could address and pass other gay and lesbian civil rights legislation, including gay marriage despite the ambitious agenda now facing the senate.

	ANTHONY RAPP poses for photos with fans.

On Sunday, EQUALITY FORUM showcased a new venue, SUNDAY OUT! AT THE PIAZZA, a former brewery, converted to mixed use residential, with an expansive courtyard which played host to thousands of revelers who witnessed a mass civil commitment ceremony including more than 100 couples; a fashion show; an emotional performance by ANTHONY RAPP and the PHILADELPHIA GAY MEN'S CHOIR singing "Seasons of Love" from the hit musical RENT; as well as dance music sets from SAMANTHA MARQ, KRISTINE ELEZAJ, and Swedish Idol AGNES, singing her hit "Release Me."

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Sunday's festival even included a surprise visit from Congressman JOE SESTAK, the highest ranking military officer now serving in Congress, who is locked in a bitter battle in Pennsylvania, with current Senator ARLEN SPECTER to be the democratic contender for that senate seat. SESTAK pressed the flesh, coming across a lesbian who had served on his ship in years gone by. He appeared to genuinely reminisce with her before stepping up to our microphone. When asked how important the gay vote was in the upcoming election, he replied, "The gay vote is obviously important. But what's more important is that we have people in Washington that give them (as he pointed to the crowd) equality."

It was that kind of week, at the EQUALITY FORUM, in Philadelphia.

President OBAMA continued his wily course of effecting change while attempting to keep things the same, for the sake of detractors. And the change is a long time coming.

In a memo to Health and Human Services Director KATHLEEN SEBELIUS, President OBAMA directed that she "initiate appropriate rulemaking...to insure that hospitals...respect the rights of patients to designate visitors." The action is intended to rectify the heartbreaking situation that occurs everyday in hospitals all over the country, wherein loved ones of suffering patients are denied access in critical moments in their lives. This tragedy can affect anyone, but it is a burden inordinately carried by gays and lesbians, particularly those without adequate advance planning.

As an attorney in a prior life, I have first hand experience, both with the lack of adequate advance planning-it's tremendously difficult to foresee all of the possible options that may result in these kinds of heart wrenching situations; as well as the instances where hospitals and other critical care providers do not honor documents, even when they have been drafted in anticipation of these circumstances. The problem stems from a general, pervasive lack of recognition and importance of gay relationships, which needs to be addressed by our federal government. Gay marriage is an important constitutional issue with ramifications that reach across all aspects of a normal, happy life. Imagine your loved one, the one you have spent many years of your life with, having to die alone, without the ability to share the last moments of life with their partner. It is unthinkably sad; it's cruel and unusual, and OBAMA recognizes that. As he put it, "It means that a stressfuland at times terrifying experience for patients is senselessly compounded by indignity and unfairness. And it means that all
too often, people are made to suffer or even to pass away alone,denied the comfort of companionship in their final moments while a loved one is left worrying and pacing down the hall."

The directive would apply to all hospitals and treatment facilities that receive Medicare or Medicaid, meaning most health care facilities.

Change we CAN believe in, is REALLY coming, in bits and pieces, and interwoven in a package that may not cry out in one fell swoop for the rights that gays and lesbians have endured without for so long. But it is change that we will feel everyday. And change, no matter how achieved, is a good, good thing.

Bravo Mr. President.

Defense Secretary ROBERT GATES announced a new set of regulations for "Don't Ask, Don't Tell" cases, and the clear message is this: make these cases go away. The entire policy is under review by the Department, with the eventual result all but a certainty-the policy will be changed.

But that reveiw may take upwards of another year. So, in the meantime GATES wanted to insure the enforcement of the policy, including in cases already underway, was "fairer and more appropriate." Say what? This is the same GATES that served out this position under the last months of GEORGE W. BUSH?

Change, and spring really are in the air in our nation's capitol.

Henceforth:

-- Only a general or flag officer may separate an enlisted member believed at the conclusion of an investigation to have engaged in homosexual conduct. Under previous policy, a colonel -- or for a captain in the Navy and Coast Guard – could order separation.

-- There is a revision in what’s needed to begin an inquiry or a separation proceeding. Information provided by a third party now must be given under oath, “discouraging the use of overheard statements and hearsay,” Gates said.

-- Certain categories of confidential information -- such as information provided to lawyers, clergy and psychotherapists -- no longer will be used in support of discharges. Information provided to medical personnel in furtherance of treatment, or to a public-health official in the course of seeing professional assistance for domestic or physical abuse also is excluded, as well as information obtained in the process of security-clearance investigations, in accordance with existing Pentagon policies.

The net effect of these changes is that these cases will be much more difficult to prove, much harder to bring, and ultimately will be no longer.

Change is indeed coming people. And now that the health care bill is passed, President OBAMA has a new lease on the office. What could possibly be next...

WASHINGTON - The U.S. Department of Housing and Urban Development today launched a new website to allow citizens to offer comment on the design of an unprecedented national study that will examine housing discrimination based on sexual orientation and gender identity. While there have been no national assessments of housing discrimination targeting the lesbian, gay, bi-sexual and transgender (LGBT) community, there is a body of evidence suggesting this sort of bias exists.

"It is critical that as we embark on this historic discrimination study, that we hear from those who may have been denied housing based on their sexual orientation or gender identity," said Dr. Raphael Bostic, HUD's Assistant Secretary for Policy Development and Research. "The comments we received in our town hall meetings, and those we will gather from this new website, will help inform how we might test for housing discrimination in the sale or rental of housing based on LBGT status."

HUD's new LGBT website will seek suggestions on how best to execute the study. For example, how would a 'tester' signal in a conversation with a landlord that an individual or couple was LGBT? The website is not designed for users to lodge complaints about a particular incident. However, if you believe you have been a victim of housing discrimination, you may file an online complaint, or call HUD's Housing Discrimination Hotline at 1-800-669-9777.

HUD is the nation's housing agency committed to sustaining homeownership; creating affordable housing opportunities for low-income Americans; and supporting the homeless, elderly, people with disabilities and people living with AIDS. The Department also promotes economic and community development and enforces the nation's fair housing laws. More information about HUD and its programs is available on the Internet at www.hud.gov and espanol.hud.gov.

BARNEY FRANK doesn't believe the White House wants "Don't Ask, Don't Tell" repealed this year. In remarks to The Advocate about the lack of language in a defense authorization bill from The White House, FRANK said "That's because they don't want it done this year, not because they want it done separately."
But his office clarified the statement, quoting FRANK, "In a recent interview, I misspoke and garbled my answer to a question posed by reporter KERRY ELEVELD. I was trying to cover too many issues at once, and in fact, did not mean to imply that the administration has opposed moving forward with the repeal. However, the administration has been ambiguous about it, and that ambiguity has allowed some to interpret Secretary GATES argument for a delay in implementation as a delay in adopting the legislation."

That delay, however interpreted was given a push today with remarks by General DAVID PETRAEUS," I believe the time has come to consider a change to Don't Ask, Don't Tell. But I think it should be done in a thoughtful and deliberative matter that should include the conduct of the review that Secretary Gates has directed that would consider the views in the force on the change of policy. It would include an assessment of the likely effects on recruiting, retention, morale and cohesion and would include an identification of what policies might be needed in the event of a change and recommend those polices as well."

KATHY GRIFFIN is doing her part to push the agenda forward, hosting a rally at noon on Thursday in Freedom Plaza, in the District to speak from her experience having entertained the troops in Iraq and Afghanistan. "Y ‘know how every season we do one kind of serious episode of "My Life on the D List?" Well, I really need your help with this one. With the help of the HRC, I'm organizing a rally to help repeal the antiquated policy of "don't ask, don't tell" All you have to do is show up! Spread the word. I'm meeting with several legislators all week in DC, but it's the average American citizen and their constituents are who they REALLY listen to."

Things are heating up...

Same-sex couples lined up for marriage certificates today in the District of Columbia, making it the 6th jurisdiction where lesbian and gay couples can legally wed. The City Council passed legislation in December allowing the nuptials to take place in our nation's capitol and congress, mired in health care and economy considerations didn't have the stomach to review the issue, despite bills introduced by Utah's representatives in DC. Senator Bennett and Congressman Chaffetz both sought to have the congress intervene before this day came, but neither saw their proposals brought to the floors of the House or the Senate.

There are still efforts to bring the matter before the public for a vote that would rescind the right, much like what happened in California. But, 10 years after Reverend TROY PERRY married 5,000 couples in a mock ceremony on the steps of the Lincoln Memorial as part of the Millennium March in 2000, same-sex couples can legally get a license in the District of Columbia, and 3 days or so from now, there might well be legal marriages performed on those very same steps.

George Takei & Brad Altman get their marriage certificate in California, June 2008 before the public pasage of Proposition 8.

Millennium March 2000

JOHN PEREZ was sworn in today as the first openly gay Speaker of the Assembly for the State of California. His first full year as a lawmaker was 2009, so his rise to speaker of one of two California legislative bodies was meteoric.

PEREZ, who lives in Los Angeles, attended UC Berkeley and worked for the majority of his career with the United Food and Commercial Workers Union. He is no stranger to the political spotlight, as the cousin of Los Angeles Mayor ANTONIO VILLARAIGOSA, who also once held the post of Speaker of the Assembly. Could the title of first openly gay mayor of Los Angeles be far off?

The state of Maryland joined the wedding party for same sex couples, if only half-heartedly. Attorney General DOUGLAS GANSER, a democrat, issued an opinion yesterday, instructing Maryland's official agencies to recognize same-sex marriages performed legally in other states. Those other states number 5 now, with the District of Columbia possibly coming on board next week.

"While the matter is not free from all doubt, in our view, the court(Maryland Supreme Court) is likely to respect the law of other states and recognize same-sex marriage contracted validly in another jurisdiction," GANSLER wrote in his opinion. His opinion was not unsolicited. Maryland state Senator RICHARD MADALENO, openly gay himself, requested the opinion form the Attorney General's office. MADALENO served in Maryland's House of Delegates from 2003-2007, and has been a member of the state's Senate since January 10, 2007.

Meanwhile the clock is ticking before same-sex marriages will be legally performed in the nation's capitol. In December the DC City Council passed a law allowing gay marriage in the district. Congress has 30 days to review such legislation, and given the legislative math, with time for days not in session, and apparently snow days, that period expires on March 3rd, 2010. If all goes smoothly, on that day DC couples could apply for a marriage license, which would then be issued in 3 working days, meaning on March 9th, 2010 we could see gay and lesbian weddings on the capitol steps (or in the close vicinity).

Opponents of this are afoot, however. First and foremost, the US Congress has the authority to step in and thwart this whole process. Representatives from Utah, of all states, have introduced legislation to stay the Dc law until DC residents have had an opportunity to vote on the measure in a citywide election. Senator BOB BENNETT and Congressman JASON CHAFFETZ have each introduced bills in their respective bodies, though neither is hopeful leadership in the House and Senate will schedule votes on the matters. Given the tussle over health care, and jobs, it would be hard to imagine this matter making it to a vote in either the House or Senate before next Wednesday.

Local groups in the city, including Stand4MarriageDC and the Alliance Defense Fund, along with some religious leaders and churches in the city sought a ruling in the Superior Court to the same effect, asking for the law to be stayed pending a local election. The Superior Court denied the request, and an appeal was filed today according to the Washington Post. Even if the appeals court halts this action, and a vote is required, public sentiment in the district seems to be in favor of allowing same-sex marriage.

Change is coming, and the clock, at least in the District of Columbia, is ticking.

You can follow the minute by minute developments on DC Councilman DAVID CATANIA'S website, at davidcatania.com.

It has been a long time coming. It's been 17 years since Chairman of the Joint Chiefs of Staff COLIN POWELL log jammed President CLINTON'S efforts at eliminating gay and lesbian discrimination in the military. It's been 31 years since Proposition 2 was defeated in California, that would have banned gay and lesbians from serving in the open as teachers. It's been a long time coming.

But just the same, it was surreal to hear Admiral MIKE MULLEN, Chairman of the Joint Chiefs of Staff and Secretary of Defense ROBERT GATES testifying in a public hearing, out and open, that the "Don't Ask, Don't Tell" policy of discrimination in the military was ready for a change.

"No matter how I look at the issue, I cannot escape being troubled by the fact that we have in place a policy which forces young men and women to lie about who they are in order to defend their fellow citizens," Admiral MULLEN told the Senate Armed Services Committee, "it is my personal belief that allowing gays and lesbians to serve openly would be the right thing to do."

Admiral MULLEN was pressed on the issue by Senators JEFF SESSIONS of Alabama, SAXBY CHAMBLISS of Georgia and JOHN McCAIN of Arizona. McCAIN threw credibility to the wind, flip-flopping on campaign representations that if the joint chiefs came to him as president he would rethink his position. Well here the military brass was, suggesting the policy was outdated, and unfair, and McCAIN lost his nerve. He lost his temper, and defended the policy, citing thousands of others in the military who also defended it.

It was a show of sad desperation from a man who has spent whatever goodwill he may have had.
How far the war hero has fallen. First, with his picking of a complete incompetent to be his running mate, a move that has now been documented as a reckless, panicked stab at keeping his flailing campaign alive. Then, with his handling of the loss, and the rude distancing of himself from SARAH PALIN. And now, in the first year of the OBAMA administration, with a series of hypocritical reversals on positions he has previously taken on key issues, the latest being "Don't Ask, Don't Tell."

McCAIN lashed out at Defense Secretary GATES, citing his "deep disappointment" in him, and then accusing him of parroting the administration's position on the issue. While GATES did not seem as heartfelt in his commitment to the new policy as MULLEN, he still pushed back when pressed by republicans on the panel, citing that the change was not a matter of if, but when.

CHAMBLISS pulled out the old "slippery slope" argument. If we allow gays and lesbians in the military, then where do we draw the line? Citing acceptable restraints on otherwise normal civilian behavior outside of a military context, CHAMBLISS raised the specter of disruptive "alcohol use, adultery, fraternization and body art" if the barrier against gays and lesbians were brought down. Never mind the fact that it sounds an awful lot like a list of requirements to serve in the navy; it is just plain ignorant. How a senator, even one from the South can compare the loss of a civil right with a restriction on having a cocktail or getting a tatoo is just unfathomable.

Senator SESSIONS challenged Admiral MULLEN in a dramatic exchange, again, accusing the witness of mouthing the policy of the President, to which MULLEN intervened, "I have served with homosexuals since 1968. Everyone in the military has...
This is about leadership, and I take that very, very seriously."

The power and certainty in which MULLEN presented his testimony were particularly stunning. He went so far as to suggest that the institution of the military would be damaged, if it were not to treat gays and lesbians in its ranks with the equality they deserved. The military's credibility was at stake. He even went so far as to tweet later, "Stand by what I said: allowing homosexuals to serve openly is the right thing to do. Comes down to integrity."

Now, you can't be any clearer than that.

The question is, if the military's integrity is in jeopardy by treating enlistees unequally, how long before President OBAMA and the Congress figure out that the country's integrity is equally at stake in matters of same-sex marriage, employment discrimination, social security inequality and the rest?

Pray tell-change is indeed coming, and, it's the right thing to do. Admiral MULLEN, and President OBAMA believe it.

Sam Nunn	Iraq Veteran	Dan Choi

The testimony phase in the first federal court case on the validity of Proposition 8 in California has come to a close, with defense lawyers resting their case, having called only 2 expert witnesses. Judge VAUGHN WALKER is taking the testimony under submission for some time, before he reconvenes the case for closing arguments. That is estimated to occur sometime in March or early April, and the summations by plaintiff's attorneys DAVID BOIES and TED OLSON are much anticipated.

The case is flush with irony, not the least of which is the plaintiff's legal team. BOIES and OLSON argued against each other in BUSH v. GORE, the landmark case where the Supreme Court stepped in to halt the vote recount in Florida, and effectively award the presidency in 2000 to GEORGE W. BUSH. Little known is the fact that the judge in this case, VAUGHN W. WALKER was an attorney who represented the U. S. OLYMPIC COMMITTEE in a federal lawsuit against TOM WADDELL, the founder of THE GAY GAMES.

WADDELL was an ex-Olympian himself, and first launched THE GAY GAMES as THE GAY OLYMPICS. WALKER angered gays and lesbians with his aggressive pursuit of assets held by WADDELL after achieving a judgement in the lawsuit. WALKER attached a $97,000 lien against the home of WADDELL, even as he was dying of AIDS. WALKER was originally nominated to the federal bench by President RICHARD NIXON, and was confirmed during the presidency of GEORGE BUSH senior in 1989.

Meanwhile, the case name bears the name of Governor ARNOLD SCHWARZENEGGER who, funny enough, elected not to defend the suit on behalf of the State of California, effectively agreeing with the plaintiffs in the case. That position is consistent with SCHWARZENEGGER'S stance during the 2008 election, where the governator ever so gently sided with the No on * campaign. But it was ARNOLD himself who twice during his span as governor, vetoed legislation passed by the California legislature and assembly that would have made same-sex marriage legal in the state. SCHWARZENEGGER refused to comment on this quirk of fate when we caught up with him last night at the premiere of NUCLEAR TIPPING POINT at Universal Citywalk.

It remains to be seen how Judge VAUGHN WALKER will rule on this trial, although he has shown considerable sensitivity to the plaintiff's claims.

For now, it's almost a victory in and of itself to hear conservative, and former GEORGE W. attorney THEODORE OLSON delineate the issues:

"The case we filed is not about liberal or conservative, democrat or republican. This case is about the equal rights guaranteed to every American under the United States constitution...People shouldn't have to surrender their fundamental rights to a popular plebiscite. People should not have to beg to be treated equally or wait for decades for popular approval to be treated equally."

From TED'S lips to the pen of Chief Justice JOHN ROBERTS, stranger things have happened...