Loading...
HomeMy WebLinkAbout3/17/2004 - STAFF REPORTS (33) Denise Blotter From: Sent: Thursday, March 11, 2004 1:08 PM To: ginnyf@ci.palm-springs.ca.us Cc: chrism@ci.palm-springs.ca.us; RonO@ci.palm-springs.ca.us; michaelm@ci.palm- springs.ca.us; stevep@ci.palm-springs.ca.us; CityManager@palm-springs.ca.us; CityAttorney@ci.palm-springs.ca.us; CityClerk@ci.palm-springs.ca.us Subject: Your Gaffe Re: Marriage Amendment Council Member Foat, yours was a very telling slip of the tongue when you requested the drafting of a resolution "in regard to our opposition" to a constitutional amendment. Did you mean to say, "my opposition"? If not, who were you referring to? Other council members? I haven't missed any publicly noticed sessions, and I have never heard this issue discussed. It will be interesting to hear the discussion if such a proposed resolution ever does make it to an official agenda. Any vote which might occur would, of course, be substantively meaningless. By way of a copy of this message to the City Manager, I would ask that he consider the propriety of committing staff resources to a request of this nature, made my a single council member, where there is no publicly-voiced consensus among the other members. Jerry Wayne Howard R� 1 Denise Blotter From: franklin weston [franklinweston@hotmail.com] Sent: Wednesday, March 17, 2004 10:08 AM To: C1tyC1erk@ci.pa1m-springs.ca.us1.,,� ; ,., Subject: Gay Marriage The New York Times March 17,2004 NEWS ANALYSIS Bans on Interracial Unions Offer Perspective on Gay Ones By ADAM LIPTAK rthout a constitutional amendment banning gay marriages, President Bush warned on Feb. 24, there is a grave risk that "every state would be forced to recognize any relationship that judges in Boston or officials in San Francisco choose to call a marriage." The president invoked the Constitution's "full faith and credit" clause, which requires states to honor court judgments from other states, as the basis for his alarm. But legal scholars say that an examination of the last wrenching national debate over the definition of marriage -when, only 50 years ago, a majority of states banned interracial marriages - demonstrates that the president misunderstood the legal terrain. "No state has ever been required by the full faith and credit clause to recognize any marriage they didn't want to," said Andrew Koppelman, a law professor at Northwestern University and the author of"The Gay Rights Question in Contemporary American Law." Indeed, until the Supreme Court struck down all laws banning interracial marriage in 1967, the nation lived with a patchwork of laws on the question. Those states that found interracial marriages offensive to their public policies were not required to recognize such marriages performed elsewhere, though sometimes they did,but as a matter of choice rather than constitutional compulsion. That experience is instructive, legal scholars say, about what is likely to happen when Massachusetts starts performing gay marriages in May. Attorney General Eliot L. Spitzer of New York has provided an example of what the analogous patchwork in the gay marriage context might look like. Mr. Spitzer, in an informal advisory opinion issued on March 3, said he expected New York to recognize gay marriages from other states because they are not "abhorrent to New York's public policy." Thirty-eight other states, on the other hand, in enacting Defense of Marriage Acts,have expressed the view that such marriages do offend their public policies. Mr. Spitzer based his assessment on state law and not the federal Constitution, and he based his description of New York's public policy on a single decision of a Manhattan trial court last year that 3/17/2004 ��� is still under appeal. There is a second reason same-sex marriages in Massachusetts are likely to have a more limited effect than the president suggested. An obscure 1913 law in that state makes void all marriages performed there where the couple is not eligible to be married in their home state. That law, too, was born in part from an effort to prohibit interracial marriages. Last week, the California Supreme Court stopped the gay marriages being performed in the second place cited by the president. The court will hear arguments on the question later this year. In 1967, when the United States Supreme Court shuck down all bans on interracial marriage, it acted on the most fundamental constitutional grounds, saying that the laws violated both due process and equal protection. No one believes that the court is likely to say anything like that about gay unions anytime soon. What is notable about the 1967 decision for the gay marriage debate, then, is that it did not mention the full faith and credit clause. Although the case involved a Virginia couple prosecuted for violating that state's ban on interracial marriage by visiting the District of Columbia, which allowed such marriages, the Supreme Court did not suggest that Virginia was obligated to recognize the marriage. To the contrary, the decision affirmed that marriages are generally a matter to be left to the individual states. That is consistent with hundreds of decisions over centuries, based on state rather than federal law, that allowed states to decline to recognize marriages that violated their own strong public policies. Indeed, in the context of interracial marriages, courts in states that banned such unions routinely declined to recognize those performed in states where they were legal. But the decisions were not uniform. Indeed, the way courts treated interracial marriages illuminates how gay marriages are likely to be treated. The decisions fall into broad categories, generally turning on whether the couple in question intended to evade their home state's laws. That principle, legal experts say, is likely to govern many disputes about gay marriages perfonned in Massachusetts. "The Jim Crow judges were horrifyingly wrong about many things," Professor Koppelman wrote in the Texas Law Review in 1998, "but they did understand the problem of moral pluralism in a federal system, and we can learn something important from the solutions they devised." Opposition to interracial marriage in the last century was in many ways more vehement than opposition to gay marriage today. It was, for instance, a criminal offense in many states. None of the 38 states that expressly forbid gay marriage by statute today go that far. Yet in cases where evasion was not at issue, courts were often surprisingly receptive to the recognition of interracial marriages. In some cases, an interracial couple who were legally married in their home state moved, after years of living together, to a state where such marriages were harmed. Court decisions about whether to 3/17/2004 recognize such marriages were about evenly divided. In other cases, such a couple never left the state where they were legally married but sought to use the courts in a state where their marriage was theoretically invalid in an injury, property or inheritance case where something turned on their marital status. In such cases, the courts very often recognized the marriage. William Rubenstein, a law professor at the University of California, Los Angeles, said a theme ran through the cases. "The less you look like you're playing games," Professor Rubenstein said, "the more likely a court is to recognize the relationship." The entire discussion may be academic in the case of Massachusetts, given its 1913 law. Linda Hutchemider, president of the Massachusetts Town Clerks Association, said her group was awaiting legal guidance on the meaning of the law and how to enforce it. "We're not the marriage police," Ms. Hutchem-ider said. But the law would seem, she continued, to void marriages of out-of state gay couples. "It really seems to fit," she said. She added that Mr. Spitzer seemed to have overlooked the Massachusetts law, which appears not to allow New York couples to be married there in the first place. "It becomes a chicken and the egg thing," Ms. Hutchenrider said. Matt Coles, director of the American Civil Liberty Union's Lesbian, Gay Rights and AIDS Project, said he was reluctant to compare the gay rights movement to the civil rights movement. "One struggle has never been like another, in overriding ways," Mr. Coles said. "That said, interracial marriage draws a more powerful analogy than any other." Franklin A. Weston Stanley K. Pearce 68895 Lozano Court Cathedral City, CA 92234 Tel &FAX: 760-325-7668 e-mail: FranklinWeston@hotmail.com e-i-nail:StanleyPearce@hotinail.com Get tax tips, tools and access to IRS forms - all in one place at MSN Money! 3/17/2004 Mar 17 04 11 : 32a p. 1 fl n w a March 17, 2004 Mayor and City Council Members City of Palm Springs California Fax: 760-323-8282 Re:Resolution Against a Federal Marriage Amendment Greetings: Please be advised that the undersigned, as permanent residents of the City of Palm Springs since 1972, strongly oppose any action by the City Council pursuant to the proposal, adoption, or legislative implementation of a resolution, motion, or action to oppose aFederal Marriage Amendment codifying same sex marriage. Sincerely, Richard F_ McCarthy, Jr. Marilyn W. McCarthy 2373 South Camino Real Palm Springs CA 92264-9480 Denise Blotter From: Tony Cantalini [cantalini@earthlink.net] Sent: Wednesday, March 17, 2004 12:17 PM To: GinnyF@Ci.Palm-Springs.CA.US; Michael M@Ci.Palm-Springs.CA.US; ChrisM@Ci.Palm- Springs.CA.US; SteveP@Ci.Palm-Springs.CA.US; RonO@CLPalm-Springs,CA.US Cc: Cityclerk@Ci.Palm-Springs.CA.US Subject: Councilwoman Foat's Resolution... TO: Mayor Oden, City Councilmembers Foat, Mcullough, Mills, Pougnet, and City Clerk: As a native of Palm Springs, and a voter, I am writing to express my (;1�� �':` support for Councilwoman Foat's resolution condeming President Bush' s support for an ammendment to the United States Constitution banning same sex marriage. The Constitution has always been ammended to broaden the rights of all, not to diminish them. I am asking that the Mayor and the City councilmembers support Ms. Foat's resolution in front of them tonight at the City Council meeting. Thank you for your support, Tony G. Cantalini 2288 Caliente Drive Palm Springs, CA 92264 cantalini@earthlink.net 1 Page 1 of 1 Denise Blotter From: KEVINCITO@aol.com Sent: Wednesday, March 17, 2004 10:18 AM To: RonO@ci.palm-springs.ca.us; CityClerk@ci.palm-springs.ca.us 2;1i,W Subject: Resolution before the City Council Dear Mayor Oden, I would like to encourage you to vote in favor of the City Council Resolution condemning President Bush's call for a Constitutional amendment banning same sex marriage. To alter the US Constitution in such a detrimental manner is both un-American and hateful. I believe it is important for all Americans to voice their unhappiness with this type of"leadership" and let the President know that this type of political move will not be tolerated. Please let the City of Palm Springs go on the record as being opposed to this Constitutional amendment and vote for the proposed Foat Resolution. Thank you very much. Sincerely, Kevin D. Sweeney, M.D. 69255 Tamala Ave. Cathedral City, CA 92234 3/17/2004 Page 1 of 1 Denise Blotter _ From: Bousquet1333@aol.com --- °' s Sent: Wednesday, March 17, 2004 9:21 AM ST I-',I To: ron@ci.palm-springs.ca.us Cc: cityclerk@ci.palm-springs.ca.us; chrism @ci.palm-springs.ca.us; ginnyf@ci.palm-springs.ca.us; michaelm@ci.palm-springs.ca.us; stevep@ci.palm-springs.ca.us Subject: Resolution proposed by Councilmember Fout re: constitutional amendment Dear Mayor Ron Oden, We, a gay couple in a committed relationship of 15 years, are aghast that the President even thinks about a constitutional amendment which would take away rights of a citizen. Please support Council member Fout's resolution. Al Bousquet Don Ricart 1080 E Suntan Lane Palm Springs, Ca 92264 3/17/2004 Page 1 of 1 Denise Blotter From: Rlscalienteps@aol.com Sent: Tuesday, March 16, 2004 7:25 PM To: CityClerk@ci.palm-springs.ca.us Subject: I strongly urge you to support the resolution before you tomorrow nite regarding I strongly urge you to support the resolution before you tomorrow nite regarding opposition to a constitutional amendment barring same sex-marriages. As Rosie O'Donnell stated on the steps of the San Francisco City Hall, "And liberty and justice for all. Thank you, Ronald L. Sousa Arturo C Chavez 68138 Seville Ct Cathedral City, Ca 92234 3/17/2004 ` Page 1 of 1 Denise Blotter ' From: KeithCNorris@aol.com Sent: Tuesday, March 16, 2004 7:50 PM To: CityClerk@ci.palm-springs.ca.us Subject: Please support Councilwoman Foats' resolution for Marriage Equality Please support Councilwoman Feats'resolution for Marriage Equality. We want nothing less. Keith C Norris and Doug Quigley(partners for 4 years) 69714 Northhampton Ave. Cathedral City, CA 92234-2590 760-202-4936 3/17/2004 Denise Blotter From: Wade Curl [wcurl@hotmail.com] Sent: Wednesday, March 17, 2004 12:07 AM To: RonO@ci.palm-springs.ca.us Cc: CityClerk@ci.palm-springs.ca.us Subject: Please Support Council Member Foat's Resolution, Stop Ammendment Dear Mayor Oden, Please do not assist President BushAmendmentg our nation in changing our Constitution to exclude any class of person. As a registered voter and tax payer, I ask for your help in stopping this divisive constitutional amendment. I believe that my registered domestic partner and I deserve equal rights on a local, state and federal level. Very truly yours, Wade Curl 63 Vista Mirage Way Rancho Mirage, CA 92270 CONFIDENTIALITY NOTE: This document and the attachment (s) accompanying this e-mail/fax transmission contain information belonging to Wade Curl of Steven Hirsch and Associates and are confidential and/or legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, or the employee or agent responsible, please deliver it to the intended recipient. You are hereby notified that any disclosure, copying, dissemination, distribution or the taking of any action in reliance on the contents of this transmission information is strictly prohibited. If you have received this e-mail/fax in error, please contact the sender at: (760) 324-6862 phone/fax. FREE pop-up blocking with the new MSN Toolbar - get it now! http://clk.atdmt.com/AVE/go/onm00200415ave/direct/Ol/ 40*& zpw'� Page 1 of 1 2 Denise Blotter From: DOUG HAIRGROVE [woodyw8976@msn.com] Sent: Wednesday, March 17, 2004 6:49 AM To: RonO@ci.palm-springs.ca.us; chrism @ci.palm-springs.ca.us; ginnyf@ci.palm-springs.ca.us; michaelm@ci.palm-springs.ca.us; stevep@ci.palm-springs.ca.us; CityClerk@ci.palm-springs.ca.us Subject: Proposed resolution by council member Ginny Foat We want you to know that we strongly support the proposed resolution by Council Member Foat. We urge the council members to vote in favor of this resolution. We will be at the council meeting and will remember your vote on this resolution when we vote on your job performance during future city council elections. Doug Hairgrove and Warren Wood Partners for 43 years 3/17/2004 Denise Blotter From: David Milbrandt[david@pattondesignstudio.coml Sent: Tuesday, March 16, 2004 4:01 PM To: rono@ci.palm-springs.ca.us; chrism @ci.palm-springs.ca.us; gin nyf@di.palm-springs.ca.us; michaelm@ci.palm-springs.ca.us; stevep@ci.palm-springs.ca.us Cc: cityclerk@ci.palm-springs.ca.us I would like to voice my support for Ginny Foat's proposed resolution regarding gay marriage and urge all of you to vote in favor of it. For me, gay marriage isn't just an issue of marriage but an issue of equal - civil rights. Our country has experienced issues of this type in the past and has always come thru by making fair and equitable decisions. Our current President's proposed constitutional amendment, even if it doesn't pass, has sent a clear message to all Americans that gay people are not equal and that placing us into a second (and lower) class is acceptable. He is trying to set us back 50 + years as a Nation, back to when African-American people were required to drink from separate fountains and even further back to when women were unable to vote. If President Bush gets his amendment passed, he will succeed in only one sure thing, a Nation divided. However, although he may deter my ability to legally marry the one I Love, he cannot stop me from Loving the person I choose. This is your chance to make a change on a local level. Letting the rest of the country know that Palm Springs will not stand for bigotry and discrimination. As our elected officials, we need your support. Thank you. David S. Milbrandt & William R. Brief (Married in our hearts for 6 yrs. ) 2580 E Tahquitz Canyon Way #101 Palm Springs, CA 92262 Page 1 of 1 Denise Blotter From: Mark Schmitz[markgreg@dc.rr.com] Sent: Tuesday, March 16, 2004 3:13 PM i To: Ron Oden Cc: cityClerk@ci.palm-springs.ca.us Subject: Proposal Please support the resolution proposed by Council Member Foat to condemn the proposed amendment and to endorse marriage equal rights. Thank you Mark Schmitz Greg Ruehrwein 877 El Cid Palm Springs, Ca. 92262 3/16/2004 Page 1 of 1 Denise Blotter From: DGWEBBECK@aol.com Sent: Tuesday, March 16, 2004 3:10 PM fi To: RonO@ci.palm-springs.ca.us Cc: CityClerk@ci.palm-springs.ca.us Subject: Support of the Resolution I support and urge you to also, the resolution. Donald R. Beck and Geoffrey G.Webb 438 Avenida Hokona, Palm Springs, Ca. 92264 3/16/2004 Page 1 of 1 Denise Blotter From: harriet baron [harrietbaron@verizon.net] Sent: Tuesday, March 16, 2004 12:55 PM To: cityclerk@ci.palm-springs.ca.us Subject: The Marriage Amendment I would greatly appreciate it if you would distribute this e-mail to the members of the City Council, as I do not have their addresses. I noted that on tomorrow night's City Council agenda there is an item dealing with the proposed constitutional amendment bamling same-sex marriage. I am not certain whether I will be at the meeting, and therefore,wanted to take the time now to express my strong support for the resolution put forth by Councilwoman Gimry Foat opposing this amendment. Our constitution was created to enshrine rights for our citizens, not to discriminate against them. This is a blatant misuse of our Constitution and a denial of rights for law-abiding and deseiving citizens desiring nothing more than equality. I vehemently oppose this amendment and encourage the City Council to come out in opposition to it, vis a vis Ms. Foat's resolution. Thank you for the opportunity to express my opinion. Harriet Baron Palm Springs x4ezolt 4914? 3/16/2004 Page 1 of 1 e, Denise Blotter From: Loren Berthelsen [loren.berthelsen@berlintech.comj Sent: Tuesday, March 16, 2004 1:49 PM To: RonO@ci.palm-springs.ca.us Cc: CityClerk@ci.palm-springs.ca.us Subject: Please vote for the proposed resolution to oppose the constitutional amendment to limit marriage Dear Mayor Oden, Discrimination is wrong and the proposed amendment supported by President Bush to limit marriage to one man and one woman will use the United States constitution to discriminate against a single group of people. Our constitution has always been used to expand rights not deny rights. Please vote in favor of the proposed resolution and add the official voice of Palm Springs to the growing numbers opposed to the amendment. Thank you, Loren Berthelsen 65920 12th St Desert Hot Springs, CA 92240 760-880-7470 loren.berthelsen@berlintech.com V' 3/16/2004 Page 1 of 1 a�I� Denise Blotter From: Mark Nichols [mark@pattondesignstudio.com] Sent: Tuesday, March 16, 2004 1:55 PM To: RonO@ci.palm-springs.ca.us; ", chrism"@ci.palm-springs.ca.us,; ginnyr@ci.palm-springs.ca.us,; michaelm@ci.palm-springs.ca.us Cc: CityClerk@ci.palm-springs.ca.us Subject: Gay Marriage Resolution I urge you to support the right of every American to marry, including gay, lesbian, bisexual and transgender couples. I believe that marriage and other civil rights protections are essential to making all families safer and more secure. Thank you for your support of the resolution by Council Member Foat Mark Nichols 313 Forest Hlls Drive Rancho Mirage, CA 92270 3/16/2004 Page 1 of 1 Denise Blotter From: Pelkeyl3l@aol.com Sent: Wednesday, March 17, 2004 2:10 PM To: rono@ci.palm-springs.ca.us; chrism@ci.palm-springs.ca.us; ginnyf@ci.palm-springs.ca.us; michaelm@ci.palm-springs.ca.us; stevep@ci.palm-springs.ca.us Cc: cityclerk@ci.palm-springs.ca.us Subject: Gay Marriage Amendment To: Mayor Ron Oden Mayor pro tem Mills Council Members Foat, McCulloch and Pougnet I urge you to support the resolution brought forward by Council Member Feat condemning President Bush's proposal supporting an amendment to the US Constitution prohibiting same-sex couples from marrying. Sincerely, Joe Pelkey 282 N. Hermosa Drive Palm Springs, CA 92262 dix!iaffmaw 40 3/17/2004 Page 1 of 1 �ID'b h Denise Blotter B 7 2'uA -J From: Latransdad@aol.com ' ' �D Sent: Wednesday, March 17, 20044:19 PM To: RonO@oi.palm-springs.ca.us; chrism @ci.palm-springs.ca.us; ginnyf@ci.palm-springs.ca.us; michaelm@ci.palm-springs.ca.us; stevep@ci.palm-springs.ca.us Cc: CityClerk@ci.palm-springs.ca.us Subject: (no subject) No on legalized discrimination! We support Councilmember Feat's proposed resolution.! After being married for 41 years,we have absolutely no concern that marriage for our gay and lesbian brothers and sisters can be harmful. In fact, the opposite is true. Gay marriage can strengthen all marriage. Robert and Sonja Marchand 68340 Camino Jalan Cathedral City, CA 92214 Oro 3/17/2004 Same-Sex Marriage Our country has long prided itself on upholding the principle of separation of Church and State. The current firestorm of discussions addressing the issues of same-sex marriage, however, has generated arguments whose logic is hopelessly convoluted. I would like to say a few words this evening restricted to the `State' aspect of this issue. Three days ago, the former Surgeon General, Dr. Elders addressed the issue of same-sex marriage. She said: "I see no problem with gay couples marrying. It's a decision between two people — the government has no business interfering. I remember when it was against the law for blacks and whites to be married— and that wasn't very long ago." The actual date was 1967 and I am old enough to remember the arguments supporting the mixed-marriage ban. Surprise, surprise, the number one argument was in effect what it would do to the "sanctity of marriage" and the number two argument was the negative impact it would have on the children born to those unions. Fortunately we have learned that the number one factor leading to a successful marriage is love, not ethnicity. We have also discovered that the primary ingredient in successful child rearing is love, not racial heritage. Unfortunately the heterosexual community has apparently totally missed the point, as currently more than 50% of marriages end in divorce. This in spite of the fact that according to the General Accounting Office of the Federal Government, 1049 special privileges/responsibilities are automatically granted to married couples. I remind you that we are not asking for special rights, just equal rights! Dr. Elders also stated: "The moment you see something wrong and don't say anything, is the moment you start to die." Well, I did not move to Palm Springs to start to die. What I and many others here tonight have done is to start, or continue to fight for equal rights for all Americans. I consider any attempt to modify the constitution to deny rights to a specific segment of society as despicable! Advocates of same-sex marriage have been referred to as the Rosa Parks of the 215t Century, and I am telling you now that there is NO way that I will be forced to sit in the back of the bus! Robert R. Van Etten 03/17/04 c . rF. RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OPPOSING A FEDERAL CONSTITUTION AMENDMENT BANNING SAME SEX MARRIAGE WHEREAS, on February 24, 2004, President Bush called for an amendment to the United States Constitution banning same-sex marriage, and WHEREAS, laws governing marriage have always been a matter for the states to decide and, in fact, various states are grappling with this issue at this time, and, in California, Superior Courts have begun to consider the issue of same-sex marriage and the State Supreme Court will be asked to rule on this issue, and WHEREAS, given these facts, an amendment to the United States Constitution is unnecessary and represents a diversion of precious time and resources that would be better used to address the more pressing issues facing our nation, and WHEREAS, specifically, by unanimous vote on January 5, 2000, the City of Palm Springs City Council passed an ordinance to the Municipal Code to establish a policy extending to unmarried domestic partners certain rights afforded married couples, and WHEREAS, proponents and opponents of a proposed constitutional amendment agree that such an amendment could undermine and/or wipe out such domestic partnership protections and recognitions, and WHEREAS, marriage confers over one-thousand rights and benefits that are unfairly denied to same-sex couples, harming them and their families, such as access to healthcare, tax credits, pensions, inheritance rights, etc, and WHEREAS, the Palm Springs City Council recognizes and embraces diversity, as many members of our community are in a committed gay or lesbian relationship and would benefit from a same-sex marriage legal framework, conversely, they would be harmed by a constitutional amendment prohibiting the same; NOW, THEREFORE, BE IT RESOLVED that the City of Palm Springs City Council does not support legislation at any level of government that could limit individual rights, or contribute to cultural bias in any form. BE IT FURTHER RESOLVED, that the City of Palm Springs City Council does hereby resolve to fervently oppose a Federal constitutional amendment prohibiting same sex marriages. ADOPTED THIS day of , 2004. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager r 4