SFGate: BAY AREA/Committed to marriage for the masses/Polyamorists say they relate honestly to multiple partners

2004-04-21 Thread Rick Duncan

 New Frontier For SDP?
--
This article was sent to you by someone who found it on SFGate.
The original article can be found on SFGate.com here:
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2004/04/20/BAGIG67LNQ1.DTL
 -
Tuesday, April 20, 2004 (SF Chronicle)
BAY AREA/Committed to marriage for the masses/Polyamorists say they relate honestly to 
multiple partners
Don Lattin, Chronicle Religion Writer


   Unitarians from Boston to Berkeley have opened another front in the
liberal crusade to expand the definition of marriage and family in
America.
   It's the new polygamy, and according to the Unitarian Universalists for
Polyamory Awareness, their relationships are at least as ethical as other
marriages -- gay or straight.
   Polyamory is never having to say you've broken up, said Sally Amsbury of
Oakland, whose sex and love life openly includes her husband and two
other significant others, known in polyamory parlance as OSOs.
   Amsbury serves on the national board of directors of the Unitarian
Universalist organization, which defines polyamory as the philosophy and
practice of loving or relating intimately to more than one other person at
a time with honesty and integrity.
   Polyamory is not an alternative to monogamy. It's an alternative to
cheating, said Jasmine Walston, who lives in Louisville, Ky., and is
president of the Unitarian Universalists for Polyamory Awareness.
   For some of us, monogamy doesn't work, and cheating was just abhorrent to
me, she said.
   To some, the polyamory movement is reminiscent of the free love,
swinging and open marriages of the 1960s and 1970s.
   AIDS and other sexually transmitted diseases dampened that sexual
liberation movement in the 1980s and 1990s.
   Today, Walston said, many people mistakenly believe that polyamorists are
careless in their sex lives.
   When everything is out in the open, and your husband knows what is going
on, you're going to be more careful about safe sex, she said.
   John Hurley, a Boston spokesman for the 183,000-member Association of
Unitarian Universalists, says the views of polyamorists are not
necessarily endorsed by the denomination's board of trustees.
   Polyamorists themselves are divided over whether to push for more formal
recognition from the Unitarians, or to begin public lobbying for some of
the same rights granted to heterosexual couples. We're where the gay
rights movement was 30 years ago, Walston said.
   Amsbury says she favors expanding the legal definition of marriage to
include three or more people, but she doesn't expect to see it anytime
soon.
   We're lovers, not fighters, she said. We don't want to get people's
backs up.
   Other polyamorists are concerned that their cause will be used by
opponents of same-sex marriage.
   Just last week, a group of conservative evangelicals asked San Francisco
Mayor Gavin Newsom whether his support of same-sex marriage applied to
multiple-partner marriages.
   What possible reason could you find for discriminating against or denying
equal access to threesomes, foursomes, etc.? they asked in a letter to
Newsom.
   Rebecca Parker, the president of Starr King School for the Ministry in
Berkeley, says many Christians find polygamy even more sinful than
homosexuality.
   Monogamous heterosexual marriage, she says, is ordained by God through the
creation of Adam and Eve.
   Even though polygamy is practiced by some of the heroes in the Bible --
and in many non-Christian cultures around the world today -- it remains a
Judeo-Christian taboo.
   Starr King is a seminary of the Association of Unitarian Universalists and
part of the Graduate Theological Union, a consortium of Protestant and
Catholic seminarians in Berkeley and Marin County.
   Unitarians -- who encourage their members to seek spiritual truth based on
human experience, not allegiance to creeds and doctrines -- have been
around since 1782. They merged with the Universalists in 1961.
   Many of the students and faculty at Starr King see the polyamory movement
as a threat to gay and lesbian couples.
   In the Protestant denomination, the movement to accept same-sex couples
was built on the idea that they, too, can have lifelong monogamous
relationships, Parker said. Gays and lesbians found safety in saying,
'We can have families. We're normal -- just like everyone else.' That
became the basis for them asking for social acceptance and equal
protection under the law. 
   Very few polyamorous Unitarian Universalist ministers are out of the
closet. They fear it will wreck their chances of getting or keeping a job
with a congregation.
   Jim Zacarias, interim minister at the First Unitarian Church of
Albuquerque, recently came out to his congregation as bisexual.
   People who choose a polyamory lifestyle in our denomination are doing it
with an ethic of responsibility in their 

11th Circuit Holds RLUIPA unconstitutional

2004-04-21 Thread Michael MASINTER
http://www.ca11.uscourts.gov/opinions/ops/200313858.pdf

Michael R. Masinter 3305 College Avenue
Nova Southeastern UniversityFort Lauderdale, Fl. 33314
Shepard Broad Law Center(954) 262-6151
[EMAIL PROTECTED]   Chair, ACLU of Florida Legal Panel



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Re: 11th Circuit Holds RLUIPA . . . *constitutional*

2004-04-21 Thread Marty Lederman



Uh, that should be 
constitutional.And it's a section 2(b)(1) case, too -- 
probably the mostdifficult subsection to justify under section 
5. 


- Original Message - 
From: "Michael MASINTER" [EMAIL PROTECTED]
To: "Law  Religion issues for Law Academics" 
[EMAIL PROTECTED]
Sent: Wednesday, April 21, 2004 5:12 
PM
Subject:  
 http://www.ca11.uscourts.gov/opinions/ops/200313858.pdf  Michael R. Masinter 3305 College Avenue 
Nova Southeastern University Fort Lauderdale, Fl. 33314 Shepard Broad 
Law Center (954) 262-6151 [EMAIL PROTECTED] Chair, ACLU of 
Florida Legal Panel
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Re: 11th Circuit Holds RLUIPA . . . *constitutional*

2004-04-21 Thread Michael MASINTER
Whoops; I forgot the first rule of proofreading (Proofread before
sending)  Sorry.

Michael R. Masinter 3305 College Avenue
Nova Southeastern UniversityFort Lauderdale, Fl. 33314
Shepard Broad Law Center(954) 262-6151
[EMAIL PROTECTED]   Chair, ACLU of Florida Legal Panel

On Wed, 21 Apr 2004, Marty Lederman wrote:

 Uh, that should be constitutional.  And it's a section 2(b)(1) case, too -- probably 
 the most difficult subsection to justify under section 5.
 
 
 - Original Message - 
 From: Michael MASINTER [EMAIL PROTECTED]
 To: Law  Religion issues for Law Academics [EMAIL PROTECTED]
 Sent: Wednesday, April 21, 2004 5:12 PM
 Subject: 
 
 
  http://www.ca11.uscourts.gov/opinions/ops/200313858.pdf
  
  Michael R. Masinter 3305 College Avenue
  Nova Southeastern University Fort Lauderdale, Fl. 33314
  Shepard Broad Law Center (954) 262-6151
  [EMAIL PROTECTED] Chair, ACLU of Florida Legal Panel
  
  
  
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  http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
 


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Re: HAnsen v. Ann Arbor Public Schools 293 FSupp2d 780

2004-04-21 Thread Kim Daniels
As I noted in my initial post, it's of course true that the ACLU was not
directly involved in this litigation, and that the Pioneers' beef is with
the school district, not the ACLU.

The question that prompted my response, however, was whether the ACLU
supported a tendentious view of the Establishment Clause in this case simply
because it disagreed with the substantive beliefs of the Catholic student
plaintiff.  While your phone call to the Michigan ACLU no doubt elicited
some post hoc minimization of its role, a defendant's sworn deposition
testimony indicates that the ACLU's involvement went beyond the one general
conversation you heard about, and that the group was clearly well aware of
the religious nature of the program.  In other words, the Michigan ACLU had
all the facts; it nonetheless supported the government's strained reading of
the first amendment as against a student group called, as it happens, the
Pioneers for Christ.

Back to lurking for me --

Kim Daniels
Associate Counsel
Thomas More Law Center
3475 Plymouth Rd.
Suite 100
Ann Arbor, MI 48105-2550
(734) 827-2001 (main office)
(301) 907-3925 (direct dial)
[EMAIL PROTECTED]



 From: Michael MASINTER [EMAIL PROTECTED]
 Reply-To: Law  Religion issues for Law Academics [EMAIL PROTECTED]
 Date: Wed, 21 Apr 2004 19:06:49 -0400 (EDT)
 To: Law  Religion issues for Law Academics [EMAIL PROTECTED]
 Subject: Re: HAnsen v. Ann  Arbor Public Schools 293 FSupp2d 780
 
 The point, which should have been obvious, is that on the facts presented,
 the ACLU attorney got the first amendment right.  The Michigan ACLU was
 not counsel for the Ann Arbor Public Schools or its employees and did not
 represent them in any aspect of this dispute.  The Pioneers' beef is with
 the school district, not the ACLU.
 
 
 Michael R. Masinter3305 College Avenue
 Nova Southeastern UniversityFort Lauderdale, Fl. 33314
 Shepard Broad Law Center(954) 262-6151
 [EMAIL PROTECTED]Chair, ACLU of Florida Legal Panel
 
 On Wed, 21 Apr 2004, Kim Daniels wrote:
 
 Rather than provide my second-hand view of events, I went ahead and
 forwarded Mr. Masinter's e-mail to Rob Muise, the Thomas More Law Center
 attorney who represents the plaintiff in the Hansen case.  Here's his
 response: 
 
 So what's the point?  That the ACLU didn't know the facts of the case, so
 the advice it gave in support of the school's position was a mistake?
 The ACLU attorney not only spoke with a GSA advisor, he also spoke with
 the school's equity officer (we successfully sued the equity officer as
 well).  The equity officer testified during her deposition that she did
 speak with an ACLU attorney, giving him the factual, talking over with him
 the factual scenario of what had happened with the panel and Pioneers for
 Christ wanting to be represented and listening to what he thought with
 regard to that particular fact scenario.
 
 Is the ACLU now saying that the school was wrong?  They certainly have been
 very quiet about it if that is the case.  The reality is that the ACLU was
 fully aware of the facts of this case, and they advised the GSA and a school
 official that excluding my client and holding a diversity week panel on
 homosexuality and religion, such as the school did, was constitutional.
 
 
 Kim Daniels
 Associate Counsel
 Thomas More Law Center
 3475 Plymouth Rd.
 Suite 100
 Ann Arbor, MI 48105-2550
 (734) 827-2001 (main office)
 (301) 907-3925 (direct dial)
 [EMAIL PROTECTED]

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