GAY MARRIAGE~A FUNDAMENTAL RIGHT

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The marriage window opened in Polk County, Iowa, for a few hours Friday, until around 11:30, when District Court Judge Robert Hanson stayed his order legalizing same-sex marriage pending an appeal to the Iowa Supreme Court. But the win is sweet nonetheless. Hanson's opinion laid out one of the strongest arguments in support of marriage equality ever articulated by an American court.

Hanson's 63-page opinion Thursday held that the denial of marriage violates the due process and equal protection rights of same-sex couples under the state constitution. Hanson initially struck the state ban on gay nuptials, and ordered the county clerks to issue marriage licenses at once. Some 20 couples reportedly applied Friday morning before Hanson put on the brakes.

Hanson wrote that marriage was a fundamental right under the state constitution's due process clause, and as such, its denial triggered the highest level of court scrutiny. He also ruled that Iowa's statutory ban on same-sex marriage violated the state's equal protection clause by discriminating on the basis of sex, a determination that also required heightened scrutiny.

Finally, Hanson ruled that the state's asserted justifications for maintaining a marriage ban did not even pass the lowest standards of court review. Assuming that a state interest in promoting "responsible procreation" was a legitimate purpose, Hanson wrote, the remedy of blocking all gay couples from matrimony bore no rational relationship to the state's alleged goals. The fact that heterosexual felons, older couples, and couples with no interest in having children were free to marry also undercut the state's argument.

Iowa may be a red state, but as Hanson pointed out, it has a history of far-sighted jurisprudence. The state was the second, after California, to toss out laws against interracial marriage, years before the U.S. Supreme Court took action in Loving v Virginia.

This year, the Iowa state legislature passed a gay rights bill into law, banning sexual orientation and gender identity bias in employment, housing and public accommodations. The law was signed by youthful Gov. Chet Culver, a Democrat.

On Friday, Culver called on the legislature to stay out of the marriage wars until the case has been heard by the state supreme court. Iowa is one of 23 states that has not amended its constitution to ban same-sex marriage, although a Defense of Marriage Act was passed in 1998.

SCOTT BRISON WEDS PARTNER

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Nova Scotia: The Honourable Scott Brison, MP made history of a sort when he became the first federal politician to marry his same-sex partner.

The wedding ceremony took place Saturday near Brison's country home in Cheverie, N.S., a town of 200. He is the MP for the Nova Scotia riding of Kings-Hants.

Guests described the ceremony as joyful and emotional.

"It's something we need to celebrate and we must be proud that Canada is showing the way," Liberal Leader Stephane Dion said after the wedding.

"I came first to celebrate love and happiness between two friends of mine, but if by my presence it helps a bit to reinforce a newly recognized right and to encourage other countries to do the same, I am pleased."

Former New Brunswick premier Frank McKenna saw significance in the wedding.

"Everyone involved felt like they were part of a history-making event," said McKenna. "It seemed like a validation of a long process."

Former prime ministers Joe Clark and Paul Martin -- whose government passed same-sex marriage legislation -- and former Liberal cabinet minister Bill Graham were among the other political notables in attendance.

Brison's spokesperson, Dale Palmeter, told The Canadian Press that the marriage is a personal affair and would be celebrated in private.

Neighbours in the small sea-side town on Nova Scotia's western shore were perplexed by the media frenzy surrounding the marriage.

"I think it's silly that there's so much publicity over it," said Joanne Lake, a neighbour of Brison's. "If he was straight, would there be quite so much publicity over his wedding?"

Brison, 40, stepped aside in 2000 to allow then-Tory leader Joe Clark run in a byelection. He came out publicly in 2002.

Brison sought the leadership of the Progressive Conservative party in 2003, then crossed the floor to the Liberals just days after the Progressive Conservatives merged with the Canadian Alliance. He ran for the Liberal leadership in 2006.

Brison became the first openly gay federal cabinet minister in 2004 -- coincidentally, the same year a Nova Scotia judge ruled that not allowing gays in that province was unconstitutional. However, he has said he is "not a gay politician, but a politician who happens to be gay."

Earlier this summer, Ontario Health Minister George Smitherman wed his partner Christopher Peloso at a lodge near Sudbury, Ont.

When word of his engagement to St. Pierre first became public in October 2005, Brison said: "I'm looking forward to the day when the idea of a gay or lesbian politician getting married is not a story at all."

A CASE FOR GAY MARRIAGE

This is the story of a religious fanatic, a Catholic mother who is willing to sacrifice her sons happiness, his health and his life for her religious beliefs.
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There's a place in hell reserved for fanatical Catholic Jeanne Atkins who records show stated that if her son was going to return to life with his partner after recovering from his stroke, she would prefer he not recover at all!

Brett Conrad spent more than half his life as Patrick Atkins' partner. For 25 years, the men shared bank accounts, apartments and eventually a home in Fishers.

But when Atkins, 47, fell seriously ill in 2005, Conrad faced what many gay couples from Indiana consider a travesty: no law guaranteeing them the same rights as married couples to participate in care decisions for their ill partners.

Conrad, 47, spent much of the past two years trying to win guardianship of Atkins from Atkins' parents, Thomas and Jeanne of Carmel. Jeanne Atkins is quoted in court documents as saying she believes homosexuality is a sin and that she disapproves of the men's relationship. The parents have barred Conrad from visiting their now-disabled son in their home where he lives.

In June, Conrad won visitation rights from the Indiana Court of Appeals, but the court upheld an earlier Hamilton County ruling that left control of Atkins' care to his parents.

Gay-rights activists say the men's story illustrates the discrimination embedded in Indiana law and underscores why gay marriage should be allowed.

On the other side, opponents of same-sex marriage say the case could have been prevented if Conrad and Atkins had used existing laws that can give unmarried couples -- straight and gay -- the legal right to act on each other's behalf.

In its ruling, the appeals court recognized the human suffering at the center of the case:
"We are confronted here with the heartbreaking fracture of a family," the judges wrote in their ruling. "Brett and Patrick have spent 25 years together as life partners -- longer than Patrick lived at home with his parents -- and their future life together has been destroyed by Patrick's tragic medical condition and by the Atkinses' unwillingness to accept their son's lifestyle."
Court debates go on.

According to the case file, Atkins and Conrad met in 1978 while attending Wabash College in Crawfordsville.

Atkins came from a deeply religious family that disapproved of the relationship. In 2000, he begged for acceptance from his family through a letter.

"Trust me," he wrote, "God loves us all so very much, and I know he approves of the love that Brett and I have shared for over 20 years."

Conrad and Atkins lived together in various apartments for 12 years until buying a home in Fishers in 1992, which they titled jointly, court documents say.
Before falling ill, Atkins had been chief executive of his family's business, Atkins Elegant Desserts and Atkins Cheesecake.

On March 11, 2005, Atkins collapsed while on a business trip to Atlanta. He had a ruptured aneurysm and later suffered a stroke while hospitalized.
Conrad traveled to the Atlanta hospital to be with Atkins but was soon denied access by the family. Hospital staff defied the family's wishes and let Conrad visit Atkins during off-hours.

Atkins eventually was moved to a nursing facility in Carmel, where Conrad would arrive after regular visiting hours so the Atkinses would not see him.
He filed his guardianship request in June 2005. That November, the Atkinses moved Patrick into their home and have since refused to let Conrad visit. They also have refused his phone calls.

At the time of the trial, Atkins was able to walk, dress, bathe and feed himself with some help, to read accurately but understand only 25 percent of what he read, and to engage in simple conversations, court documents show. He still required close supervision and had significant problems with short-term memory and maintaining a prolonged attention span.

His condition today remains much the same, according to the most recent court filings.

The recent decision

In the June 27 decision, the appeals court ordered the lower court to grant Conrad the right to visit Atkins but not the right to be his guardian.

While judges have discretion in awarding guardianship, their decision is guided by state statute, which spells out that guardianship of an incapacitated person should fall to whoever has power of attorney, which is the legal authorization to act on behalf of that person.

If no power of attorney exists, next in line comes the spouse, then an adult child, then a parent and still more options related to marriage or blood. There is no specific right for gay partners.

Hamilton Superior Court Judge Steven R. Nation sided with the Atkins family, noting the lack of a power of attorney.

The appellate court affirmed that decision, saying it found no evidence the lower court had abused its discretion and that it was clear the Atkinses were committed to providing Patrick the best possible care.

In its decision, however, the court expressed misgivings about how the Atkinses feel about their son's sexuality. "We are extraordinarily skeptical that the Atkinses are able to take care of Patrick's emotional needs," said Chief Judge John G. Baker, writing for the 2-1 majority.

That, in part, is why the judges granted Conrad visitation rights, citing the findings of a court-appointed guardian who testified that Atkins would only stand to benefit if Conrad were allowed to visit him.

Gay-rights advocates say nothing short of marriage rights can provide the legal shield necessary to defend against a partner's relatives.

Without such protection, says the Rev. Jeff Miner, a pastor at Jesus Metropolitan Community Church, a gay-affirming congregation in Indianapolis, "you're thrown upon the mercy of the family, and in some cases they're not merciful."
Others who fought for a same-sex marriage ban in the Indiana Constitution this year see the issue differently.

"The problem isn't the couple couldn't get married," said Curt Smith, president of the conservative Indiana Family Institute. "The energy from the intervention comes from the parents' disapproval. . . . They think it's wrong, and that's not something the law can address."

While Conrad v. Atkins is a tragic case, Smith said, it doesn't merit changing Indiana laws.
The same circumstance could have befallen an unmarried straight couple, and there are a number of protections available to unwed couples that Conrad and Atkins didn't use, he said.

For example, he said, gay couples can appoint a health-care representative to ensure they are cared for in times of illness. Partners can include each other in wills.
But many gay couples aren't confident of those methods, saying nothing can match the unassailable rights of marriage.

Regardless of how the courts rule in the Conrad-Atkins case, the Atkinses aren't likely to change their minds about their son's relationship.
Jeanne Atkins testified at trial that it was "probably true" she would not let the men see each other unless required by law.

The record also shows that she told Conrad that if her son was going to return to life with his partner after recovering from his stroke, she would prefer he not recover at all.

TWO CELEBRATIONS OF GAY MARRIAGE IN CANADA

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It may be known for its breathtaking views of the Minas Basin and the sheer cliffs of Blomidon, but a quiet corner of Nova Scotia has become the setting for an historic political first that some say will further affirm gay rights.

The tiny community of Cheverie on the province's western shoreline will host the wedding on Saturday of one of its most famous sons, Liberal MP Scott Brison, and his partner Maxime St. Pierre.

News of the nuptials has made headlines across the country as Brison becomes the first federal politician to tie the knot since gay marriage was legalized just over two years ago.

But many of the 200 or so residents of the blink-and-you-miss-it community of Cheverie don't understand the fuss, saying it's merely the story of a popular local boy who's come home to marry his longtime love.

"Everybody knows Scott, so it's just another wedding, I guess," said Paul, an employee at Cheverie's autobody shop who would only give his first name.

"People are talking, but I don't think it bothers anybody. It's not the 1800s anymore."



Brison's wedding comes just weeks after George Smitherman, Ontario's first openly gay cabinet minister, wed his partner Christopher Peloso at a lodge near Sudbury, Ont.



Deputy Premier George Smitherman and his partner Christopher Peloso made it official, exchanging vows yesterday before about 200 family members and well-wishers at Laurentian Lodge, a rustic and idyllic resort north of this small former mining community.

The 40-minute ceremony was conducted by Ojibway spiritual advisor Ron Indian-Mandamin, who referred to the ancient concept of gay or "two-spirited people" who in generations past often served as tribes' mystics or medicine men.

"Truth is the most powerful of all things. We need to show that this is a beautiful thing. The blood that flows through each and every one of us is the same," Indian-Mandamin said.



Barrie-area Justice of the Peace Gerry Solursh conducted the civil portion of the wedding, followed by jazz/blues singer Molly Johnson, who sang a moving rendition of her song "If You Know Love."

Smitherman, who as provincial health minister is a senior member of cabinet and often mentioned on the shortlist of future candidates for mayor of Toronto, acknowledged that such a public pronouncement of love would have political overtones.

"We haven't sought to make it political. It happens to be who I am and what I've done for almost my entire adult life so it's no surprise that it is going to have some political elements to it," Smitherman said.