Friday, November 7, 2008

Finding Hope Admidst The Darkness

I never expected Californians to turn our back on our legacy of expanding civil rights and protecting the rights of one another with the passage of Proposition 8. Tuesday night was a night of mixed emotion, as in one moment, we elected Barack Obama, America's first black President, yet in that same moment realized the passage of Proposition 8 seemed all but certain.

These past few days have found me trying to find direction, understanding and insight into what has happened, and how to move forward.

I attended a candlelight vigil on the steps of City Hall in San Francisco Wednesday night, where members of the community had gathered together, to stand up, once more, for equality. As I listened to the speakers analyze the current situation, I felt disheartened that such a thing ever could have happened, let alone, could be happening as I stood there, in silence. I felt powerless, as though I was speaking but could not find my voice. I was handed a candle, and the roundness of the flame seemed small in comparison to the struggle. Over the murmur of the crowd, someone began singing "we shall not be moved", at first a single voice, then another, and then a group. As flame passed from candle to candle, from stranger to neighbor, someone raised their candle above their head, others joined in, and 2,000 tiny lights lifted up for a common purpose. In that moment, I found my voice again, within the community; we all found our voices once more.

And, as we marched through the streets of San Francisco, being joined by others as we went, our voices growing louder, as we moved together in solidarity, I could not help but think how far we have come- how far forward we have moved as a state. In 2000, Proposition 22 passed with nearly 62 percent support, and in 2008, Proposition 8 received 52 percent of the vote. Within just eight years support for banning same-sex marriage has fallen nearly 10 percent in California. In fact, more Californians have already voted against Proposition 8 than ever voted for Proposition 22. So as I marched forward, holding a single flame for civil rights, I was not alone. The 2,000 of us marching for equality, we were not alone. Our 2,000 tiny flames were not the only light shining in the darkness—there with us were the nearly 4.9 million Californians who had stood up to protect our constitution, and the rights of fellow Californians.

The march finished in a rally where we gathered together in the street, chanting and holding our candles, lifting our voices together. We began to chant "Yes We Can, Yes We Can." For though I had never so fully understood the reality of the struggle, I had never been so filled with hope.

As Anne Lamott writes, "Hope begins in the dark, the stubborn hope that if you just show up and try to do the right thing, the dawn will come. You wait and watch and work: you don't give up." And as I thought of the hope offered by our new President, and his promise of change, never before had those three simple words resonated so deeply within my heart. We had the audacity to hope once, and if Barack Obama could be elected president of the United States, I will dare for an audacious hope once more.

In Solidarity,

Andy

Op-Ed from Human Rights Campaign President Joe Solmonese on Approval of Proposition 8

Dear Suzette,

On Tuesday night, our community felt the emotions of electing a pro-equality President and expanding our numbers in Congress and state houses across the country, but the next morning our hearts were broken as the dust settled and it was clear we lost the marriage ballot measures in California, Florida and Arizona. I will certainly provide you with further insight in the coming days to how we effectively organized and motivated LGBT voters in elections throughout the country, but today, as we find ourselves in this agonizing intersection of victory and defeat, I felt it was important to try and give some perspective about our losses.

I've drafted the following op-ed that I wanted to share with you. I know that mere words aren't enough to provide the salve for our wounds that we desperately need but perhaps they will begin to shape a path for how we move forward. And for those of you who gave your time and resources, your sacrifices were not in vain. You've helped lay the foundation for the victory that will one day be ours. And I thank you.

You can't take this away from me: Proposition 8 broke our hearts, but it did not end our fight.

Like many in our movement, I found myself in Southern California last weekend. There, I had the opportunity to speak with a man who said that Proposition 8 completely changed the way he saw his own neighborhood. Every "Yes on 8" sign was a slap. For this man, for me, for the 18,000 couples who married in California, to LGBT people and the people who love us, its passage was worse than a slap in the face. It was nothing short of heartbreaking.

But it is not the end. Fifty-two percent of the voters of California voted to deny us our equality on Tuesday, but they did not vote our families or the power of our love out of existence; they did not vote us away.

As free and equal human beings, we were born with the right to equal families. The courts did not give us this right—they simply recognized it. And although California has ceased to grant us marriage licenses, our rights are not subject to anyone's approval. We will keep fighting for them. They are as real and as enduring as the love that moves us to form families in the first place. There are many roads to marriage equality, and no single roadblock will prevent us from ultimately getting there.

And yet there is no denying, as we pick ourselves up after losing this most recent, hard-fought battle, that we've been injured, many of us by neighbors who claim to respect us.

By the same token, we know that we are moving in the right direction. In 2000, California voters passed Proposition 22 by a margin of 61.4% to 38.6%. On Tuesday, fully 48% of Californians rejected Proposition 8. It wasn't enough, but it was a massive shift. Nationally, although two other anti-marriage ballot measures won, Connecticut defeated an effort to hold a constitutional convention ending marriage, New York's state legislature gained the seats necessary to consider a marriage law, and FMA architect Marilyn Musgrave lost her seat in Congress. We also elected a president who supports protecting the entire community from discrimination and who opposes discriminatory amendments.

Yet on Proposition 8 we lost at the ballot box, and I think that says something about this middle place where we find ourselves at this moment. In 2003, twelve states still had sodomy laws on the books, and only one state had civil unions. Four years ago, marriage was used to rile up a right-wing base, and we were branded as a bigger threat than terrorism. In 2008, most people know that we are not a threat. Proposition 8 did not result from a popular groundswell of opposition to our rights, but was the work of a small core of people who fought to get it on the ballot. The anti-LGBT message didn't rally people to the polls, but unfortunately when people got to the polls, too many of them had no problem with hurting us. Faced with an economy in turmoil and two wars, most Californians didn't choose the culture war. But faced with the question—brought to them by a small cadre of anti-LGBT hardliners – of whether our families should be treated differently from theirs, too many said yes.

But even before we do the hard work of deconstructing this campaign and readying for the future, it's clear to me that our continuing mandate is to show our neighbors who we are.

Justice Lewis Powell was the swing vote in Bowers, the case that upheld Georgia's sodomy law and that was reversed by Lawrence v. Texas five years ago. When Bowers was pending, Powell told one of his clerks "I don't believe I've ever met a homosexual." Ironically, that clerk was gay, and had never come out to the Justice. A decade later, Powell admitted his vote to uphold Georgia's sodomy law was a mistake.

Everything we've learned points to one simple fact: people who know us are more likely to support our equality.

In recent years, I've been delivering this positive message: tell your story. Share who you are. And in fact, as our families become more familiar, support for us increases. But make no mistake: I do not think we have to audition for equality. Rather, I believe that each and every one of us who has been hurt by this hateful ballot measure, and each and every one of us who is still fighting to be equal, has to confront the neighbors who hurt us. We have to say to the man with the Yes on 8 sign—you disrespected my humanity, and I am not giving you a pass. I am not giving you a pass for explaining that you tolerate me, while at the same time denying that my family has a right to exist. I do not give you permission to say you have me as a "gay friend" when you cast a vote against my family, and my rights.

Wherever you are, tell a neighbor what the California Supreme Court so wisely affirmed: that you are equal, you are human, and that being denied equality harms you materially. Although I, like our whole community, am shaken by Prop 8's passage, I am not yet ready to believe that anyone who knows us as human beings and understands what is at stake would consciously vote to harm us.

This is not over. In California, our legal rights have been lost, but our human rights endure, and we will continue to fight for them.

Warmly,

Joe Solmonese
President, Human Rights Campaign

The Human Rights Campaign Foundation is America’s largest civil rights organization working to achieve gay, lesbian, bisexual and transgender equality. By inspiring and engaging all Americans, HRC strives to end discrimination against LGBT citizens and realize a nation that achieves fundamental fairness and equality for all.

Thursday, November 6, 2008

OC Register Searchable Database for Prop 8 Contributors

http://www.ocregister.com/articles/prop-gay-marriage-2149199-ban-election

How to File an IRS 501(c)(3) Complaint

The Church of Jesus Christ of Latter-day Saints (also known as the “Mormon” or LDS Church) has gone too far in promoting the 2008 California Proposition 8, which would claims to amend the California state constitution to define marriage as one man and one woman in order to supersede a state supreme court opinion issued earlier this year. [Whether the proposition was a lawful amendment or a revision that cannot legally be made by a voter initiative remains an open question.]

Section 501(c)(3) of US Code Title 26, which governs tax-exempt organizations, reads (emphasis added):

(3) Corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation (except as otherwise provided in subsection (h)), and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office.
(The “otherwise provided” clause does not apply, as the LDS Church, being a church, is a disqualified entity as described in subsection (h).)

The LDS church, through inciting its members to donate time and means to support Proposition 8 (resulting in millions of dollars of cash contributions from its members and countless volunteer hours), and in-kind campaign contributions to a group that supports Proposition 8, has now made a substantial part of its activities attempting to influence legislation.

You can help! Send the IRS an official complaint about the LDS Church’s activities, either by email, fax or US Mail.

Prepare a copy of the Official LDS Prop. 8 Letter read in all LDS churches in California on 29 June 2008.
Prepare one or more other articles of your choice (you can use these links, or do your own research) showing the LDS Church’s substantial activities attempting to influence this legislation.
Prepare this Pre-Filled IRS Form 13909 and add your personal information, or fill out a Blank IRS Form 13909 from scratch with the information in the pre-filled form (copied below in RESOURCES.)
Don’t forget to date your referral at the top and include your submitter information. If you are a member of the Church, you may wish to check the box marked “I am concerned that I might face retaliation or retribution if my identity is disclosed.”
Send it to the IRS, either by:
* Email: Prepare your documents as PDF’s or web links, and send your complaint form with supporting documentation to eoclass@irs.gov.
* Fax: fax your documents to (214) 413-5415
* Mail: mail your documents to
IRS EO Classification
Mail Code 4910DAL
1100 Commerce Street
Dallas TX 75242-1198

--------------------------------------------------------------------------------
RESOURCES:
Official IRS Complaint Process for Tax-Exempt Organizations
US Code Title 26, Section 501
Official LDS Prop. 8 Letter
List of LDS Entities (Source of Tax ID Number)

Information required for IRS Form 13909:
Name of Referred Organization: The Corporation of the President of The Church of Jesus Christ of Latter-day Saints
Street Address: 50 E. North Temple St., Salt Lake City UT 84150
Organization’s EIN: 23-7300405
For Section 4, see the Pre-Filled IRS Form 13909, or write your concerns in your own words.

Petition To Remove Mormon Tax Exempt Status

On May 16, 2008, the California Supreme Court affirmed that the state constitution, AS IT WAS WRITTEN BY THE FOUNDERS OF THIS STATE MORE THAN 150 YEARS PRIOR, provided official government recognition of all marriages between all couples, regardless of gender.

On November 4, 2008, Proposition 8 amended this constitution to explicitly deny this right to same-sex couples. Nowhere else in either California's constitution or the Federal Constitution are a specific class of rights restricted, to any minority group, for any reason.

Why did this proposition pass? Was it because Californians genuinely believed that granting rights to a minority group undermine the fabric of society? No.

Was it because Californians failed to recognize the similarity of Proposition 8 with the bans on interracial marriage last century, once considered "controversial" but now universally recognized as evil? No.

Was it because Californians no longer saw their constitution as a foundational document that is amended carefully, but a document as pliable as putty and subject to the whims of a narrow majority? No.

How, then, did Proposition 8 become law?

THE MORMON CHURCH.
For the past six months, Mormons misled Californians about the effects of the Supreme Court ruling.

They told us we would lose the right to participate in our children's education. Lies.

They told us the California state public school curriculum would be modified to teach sex education to kindergartners. Lies.

They told us churches would lose the right to free speech. Lies.

If this is the way Mormons treat gays and lesbians of California, let us ask:

How has America treated Mormons?
The Mormon church began in 1830 in New York. The first Mormons were persecuted by the American majority, and were compelled to emigrate to Utah where they could live unmolested, much like gays and lesbians who lived in the urban ghettos last century. Mormons had alternative views of what family meant, and were excluded and marginalized from the political process. In their arguments against the majority, Mormon Prophet Brigham Young wrote:

Marriage is a civil contract. You might as well make a law to say how many children a man shall have, as to make a law to say how many wives he shall have. (Journal of Discourses, 11:268-9)
Much has improved for the Mormon people since then. Today, Mormons have powerful representation in the Senate, and ran a nationally viable candidate for the United States Presidency in 2008.

The Mormon story is possible because our country is a tolerant and forgiving place. America believes in the rights of its citizens to determine their own fates, and grants rights to individual communities to determine their own norms and values. The Mormon people have been able to flourish because of this country's generous spirit.

But now, history has reversed, and it is the Mormons who have become the oppressor.

The Mormons began with the Boy Scouts of America, originally a children's club meant to introduce boys and girls to the natural beauty of America. Mormons took financial control of the Boy Scouts by donating more than 28% of their global operating budget per year. Gays and lesbians are barred from participating in this group not just in Mormon troops, but nationwide, thereby turning our children into a political football.

Some Mormons send their own gay teenage children to "conversion camps," where these children are forced to endure shock therapy and given psychotropic drugs. The emotional stress of such experience drives many to contemplate suicide. The Mormon Church has yet to repudiate these activities.

Now the Mormon Church has set its target on gay and lesbian adults of California. They have started by amending our constitution to deny equal protection to gays and lesbians.

Ask the Jews about how freedoms are lost. The concentration camps were not built in a national referendum. They were the product of a systemic reduction of freedoms, year after year, one at a time.

We as citizens of California, Americans, and persons of various beliefs and faiths will not allow this to happen.

Are all Mormons against rights for gays?
Absolutely not. So far, 300 Mormons and 1 Mormon celebrity have stood up against their church to support gay rights. We respect the challenge of standing up to a majority, especially when those 301 stand in the face of more than 13.1M Mormons worldwide.

To the rest of those silent Mormon protesters, one can offer the words of Elie Wiesel:

"I swore to never be silent whenever and wherever human beings endure suffering and humiliation. We must always take sides, Neutrality helps the oppressor, never the victim, silence encourages the tormentor, never the tormented."

How can we stop this agenda?
To restore the right stolen from us, we must correct the amendment to California's constitution. To do this requires another statewide proposition. Yet how will we avoid another election season of deception, when the Mormon Church can pour limitless, tax-free money into advancing their platform?

Strip the Mormon church of its status as a religious organization.
According to IRS law,

Section 501(c)(3) describes corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literacy, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation (except as otherwise provided in section (h)), and which does not participate in, or intervene in (including the publishing or distribution of statements), any political campaign on behalf of (or in opposition to) any candidate for public office.

From IRS Publication 1828 Page 5,

Substantial Lobbying Activity
In general, no organization, including a church, may qualify for IRC section 501(c)(3) status if a substantial part of its activities is attempting to influence legislation (commonly known as lobbying). An IRC section 501(c)(3) organization may engage in some lobbying, but too much lobbying activity risks loss of tax-exempt status.

In this country, you can be a church. You can be a political action committee. You cannot be both. The Mormon Church stands in direct defiance of the spirit of our laws by actively campaigning to change California law.

We must clarify our tax law to prohibit this behavior.

The United Kingdom has already moved to strip the church of its tax-exempt status.

Through Prop 8, the Mormon Church has shown its true colors as a political group with specific social ends. Political speech is fair and legal here; such speech under the guise of religion is not. The playing field must be leveled. Though many religious groups were involved in Prop 8, the Mormon Church made this a far more substantial part of its activities than any other.

Californians will vote on future propositions to correct this flawed amendment next year, and every year, until we achieve our rights under the state constitution. We must be assured that our advocacy organizations are on an equal legal and financial playing field as those of our opponents.

What can I do now?
Sign this petition to support the legal effort to amend our tax laws such that the Mormon Church would lose its tax-exempt status if they continue lobbying in this way. We intend to share this list with the ACLU, Lambda Legal, and other official legal organizations that will be pressing forward with this effort. Anyone can sign this petition.

http://www.mormonsstoleourrights.com/