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Judy Shepard

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Judge Walker's Prop 8 Verdict Moves America Closer to its Ideals

Posted: 08/04/10 06:58 PM ET

A sweeping federal court verdict invalidating California's ban on same-sex marriages moves America closer to its ideals of respecting individual freedom and treating all citizens equally under the law.

I am the mother of 1998 Wyoming anti-gay hate crime victim Matthew Shepard and I am a member of the advisory board of the American Foundation for Equal Rights, which filed the legal challenge to the ban in May on behalf of citizens denied marriages by the 2008 law narrowly approved by voters.

The plaintiffs in this case are law-abiding, family-oriented, tax-paying citizens whose privacy was invaded, and whose dignity was affronted, by a misguided and unconstitutional law.

Their victory at trial shows that our courts still play a vital role in safeguarding the rights of minorities from majorities who misunderstand them. But more importantly, it proves the power of personal stories. Equal marriage rights are ultimately about people's families, and during the trial, their personal need for legal recognition of their relationships came through loud and clear.

After Matt came out to me, he once asked me if I thought gay couples would ever be allowed to get married. I told him I didn't think it would happen in my lifetime, but it probably would in his. It's so sad, and ironic, that it turned out the other way. But this case warms my heart, to think that his dream is still coming true.

My husband Dennis and I established the Matthew Shepard Foundation in 1998 after our son's murder in Laramie, Wyoming, to honor him in a manner appropriate to his dreams, beliefs and aspirations. Our Foundation seeks to replace hate with understanding, compassion and acceptance through its educational, outreach and advocacy programs. We will always continue to tell Matthew's story.

 
 
 
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03:07 PM on 08/06/2010
Angle someone replied to my comment that homosexuality is a perversion. It is most assuredly not a perversion. It's a genetic predisposition that has always been a part of the human condition. You might as well say that having brown hair or blue eyes is a perversion. Then, Angle goes on to link Homosexuality to pedophile. Homosexuals are no more pedophiles than heterosexuals. When I taught in high school, several heterosexual teachers were engaged in sex with their students of the opposite sex. At that time, it wasn't called statutory rape, and the only thing that happened to the teachers was that they lost their jobs. Heterosexuals have engaged in pedophilia ever since the world began. If there were no gays, there would still be deranged individuals who engaged in pedophilia. I have personally known many homosexual males and females, and none of them were pedophiles. The idea that homosexuals all engage in pedophilia is not born out by the facts. It's an idea based upon prejudice and ignorance.
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01:19 PM on 08/06/2010
This subject is not very important as we face many other pressing issues of survival. People ought to be able to lead a peaceful life without court and federal involvement. If only the police would do better things like fighting real crimes and protecting people and property. They ought to have no business in looking into personal lives as long as they do no harm. The word "MARRIAGE" seems to be the main obstacle here. I believe in respect to the vast majority of people believers and other, and those who had an official marriage according to existing laws,the word should be left for the original intent. All the legal advantages and benefits of partnerships as envisioned by the homosexuals, should be allowed. Let us just not rock the boat. Many supporters of homosexuals have a family member or friend involved. Not just the liberals take sides with them, Goldwater and a few Republicans joined them, as situations changed.Not all liberals including me think that this is a great loss, ie: some of us disagreeing with right to marry for homosexuals.
Like abortion this issue should be a personal matter and decided by each family, community and State, assemblies, and not at all left to a judge or a.few judges.It will be a sad reflection on society if some good people are rejected at the next election, only on the basis of their views on abortion or same sex marriage.
11:55 AM on 08/06/2010
A marriage license is a government construct - It is not an unalienable right...

Why can't three people marry and/or persons with animals? My pet goldfish & I are close...
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adoseofsanity
Recovering liberal.
08:25 AM on 08/06/2010
This ruling is itself, a violation of how our Republic was to be ran.

The Federal government was granted specific, limited powers with most power being granted to the states. Marriage laws, rules, etc. have always been one of them.

The fact that a Fed jurist saw fit to rule on what is a state issue speaks volumes to the disregard Judge Walker has to the rule of law, and our Constitution.

I would further point out that this ruling, by one person, seeks to nullify the wishes of the voters in the State of California. And, not suprisingly, LIBERALS ARE REJOICING.

This is what it is always about: The Progressive agenda and using the Judiciary to advance it when it fails via other methods.
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Marcelo Munoz
12:13 PM on 08/06/2010
Funny thing is that individual rights are so important to liberals in this issue, but not when it comes to choosing your health care insurance options.

Many clamor for the government to stay out of "women's reproductive health" decisions, but don't say a peep about government intrusion when dealing with non""women's reproductive health" decisions.

Not very consistent.

Anyhow, marriage is a sacrament, why is the government even in the business of marriage liscenses???
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Chief22
11:45 PM on 08/05/2010
a homosexual judge ruling on a homosexual issue?? Can you say conflict of interest??

This guy should have steped aside.
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Raphi
12:21 AM on 08/06/2010
Assuming your tossing out the claim of homosexual judge has merit... Then your logic implies the following. That the judges who have oil company connections should never have overturned the moratorium on deep water drilling in the Gulf. Same for judges who've been corporate attorneys when they decide cases involving working people injured on the job. Or an evangelical judge sitting on a case regarding the issue of prayer in public schools. Or reductio ad absurdum, white people ruling on a case involving white people.
09:08 PM on 08/07/2010
Agreed, glad we see things alike.
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Cowboylove
02:20 AM on 08/06/2010
Hmmm, then should a heterosexual judge step aside as well, having a bias in the other direction?
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Marcelo Munoz
12:14 PM on 08/06/2010
Bingo! beat me to it.
08:55 PM on 08/07/2010
Lot's of misguided heterosexuals think homosexuals should qualify for marriage. Name one homosexual (judge or otherwise) who thinks homosexuals should not be allowed to marry. Can't think of one? I didn't think so. Why do you think the case went to him? I predicted this outcome the day they named the judge. No surprises here. Also, the defense was inept.
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copestir
11:38 PM on 08/05/2010
Thank you for all that you do Judy.
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Janicot
Been to paradise, never been to me...
10:13 PM on 08/05/2010
Judy Shepard, I know you can't see me right now, but I am giving you a standing ovation.
10:12 PM on 08/05/2010
We must have lost our natural instincts somewhere through evolution. Animals know what matches 'genitalially' and we don't? It's all unhealthy somehow.
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JohnJacobJingleheimer
10:50 PM on 08/05/2010
Usually, and I'm saying usually, we are generally more advanced and highly intelligent than most animals. Hence, we may have different, and more advanced, affectations of behavior, and - usually, thought processes and the ability to think critically.
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Raphi
11:47 PM on 08/05/2010
I took the time to read your other comments-- I realize you're not some brainless rabid right-winger. But you seem to be advocating a rather unreflective homophobic reaction. A strange response to a post by the mother of a victim of homophobia in the extreme.

First of all, intelligent animals don't always know what to do by built-in responses. They have to be taught. In addition, there is plenty of evidence of same-sex behavior among animals. Look up Bruce Bagamihl's book "Biological Exuberance"or Joan Roughgarden's "Evolution's Rainbow."

Building an argument from assumptions about what is natural is usually more about personal likes or dislikes. Not about scientific evidence. Does this defense of natural include eating a mate like spiders and praying mantises? Does it include abandoning offspring in the way of most male mammals?

Perhaps gays and transgenders are an evolutionary bonus. Since it takes a minimum fourteen years to raise a child, non-reproducing help is useful. Think about what it was like for the original hominids to cope.

Non-breeders also would have time to notice things. Like which plants had curing effects. Or the way the stars look when flood season arrives. Or how to make even the rawest plant fibers and animal skins look fabulous with the right accent bone or application of red ochre.

Gays, lesbians, transgenders are known as two-spirit people. Called to shamanism. And in later times, called to religious life-- including Christianity.
09:57 PM on 08/05/2010
My father was a physician and saw so much child abuse in 'cult' protestant religious houses that now are trying to block gay people from adopting.
Gay people have known abuse and create loving homes, to allow them to marry is just what a loving God would want.
Get the courts out of the bedrooms of America!
07:49 PM on 08/05/2010
My wife and I have been married for nearly 21 years and neither of us consider our marriage in any kind of danger over the Prop 8 decision... if anything, I might be of the opinion that due to this ruling, our marriage is maybe even stronger.

How can that be? Well, if this ruling stands (as it should) that means that now all people, regardless of their creed, nationality, race, religion, and now sexual orientation will ALL now be treated equally... which makes my marriage as bright or happy or as miserable as any other.

Calling the bands of love (regardless of whether we are talking one of each or both of the sexes) anything less than marriage (since that is the prevailing name to call it) is no less a slap in the face than not allowing women the right to vote or being able to own another human being!
07:46 PM on 08/05/2010
I have been reading HP for quite a while now and have often felt compelled to respond to articles, but this article truly broke my heart. When Matthew was murdered, I was horrified. Watching people continue to spew their hatred at others that don't fit into their narrow-minded view of the world is about as un-American as you can get. Thank God for people like Judy and Dennis, who take a personal tragedy and turn it into something positive.
07:34 PM on 08/05/2010
Mrs. Shepard speaks so eloquently. She sets a beautiful example and is a heroine and champion is the battle for equality in America.
06:47 PM on 08/05/2010
Thank you for commentary, Judy. I sincerely hope yesterday's federal ruling sets a precedent for the nation as a whole with regards to the legalization of a same-sex couple's right to marry.
06:27 PM on 08/05/2010
Thank you Judy Shepard. We need people to understand that this ruling is not a message about how people "feel" but rather about what is right and wrong regardless of how people feel about the part or whole of the matter, You see, when law is governed by the tyranny of the majority, there is a great risk of oppression to a ninority group when that majority can dictate minority rights. This risk and its inherent inequity are precisely the reasons that this court ruled against Prop 8. Prop 8 is systemically unfair at its core and it violates the right to life, liberty, and the pursuit of happiness for a minority of people who are protected under our constitution.
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Cowboylove
06:25 PM on 08/05/2010
The Murder of Matthew Shepard was a seminal moment in Gay Rights history. Like The March on Selma Alabama, it made the country come to terms with the ugly and senseless violence and hate confronting the LGBT community and galvanized many in the nation to make the changes that were long overdue. Now, as the people of America soften in their acceptance of homosexuals, bisexuals and transgendered people, our lawmakers lag far behind. Thank God for courageous and fair minded judges who have the moral certainty to make rulings for history.

The loss of Matthew Shepard will always weigh heavy on my heart and the hearts of everyone who responded to his story. Take some solace in knowing this ruling likely would not have happened so soon without his sacrifice.
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09:37 PM on 08/05/2010
There's a better word here, cowboy, than seminal.
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Cowboylove
02:21 AM on 08/06/2010
I meant it, as defined, Highly influential in an original way; constituting or providing a basis for further development: a seminal idea in the creation of a new theory. No pun intended.