The Mudcat Café TM
Thread #67399   Message #1129993
Posted By: InOBU
05-Mar-04 - 03:48 PM
Thread Name: Lyr Req: You Can't Be Irish If You're Gay
Subject: RE: Lyr Req: You Can't Be Irish If You're Gay
Well, (hand shakes back and forth...) as a matter of fact, the stratigizing on legal issues IS what I do, I don't litigate, not because I don't have the talent to do it, I kicked *ss in moot court, and lititgated in Native American courts successfully. I don't litigate because very few people do what I do, which is create legal stratigies for spesific marginalized groups, most of whom have no funding for their rights needs. As a result I organize, stratigize, testify, lecture in grad schools, conduct training for (for example) the justice department's staff in INS hearings, and that takes up a lot of time, especially when I have to scrounge for a living. No complaints, it is just I am called to an aspect of American law that doesn't pay. I turned down several lucritive jobs coming out of law school, because the phone whould keep ringing and as a litigator, I would not have the time to answer the needs of those folks who have depended on me.
As to what I have given to the ILGO and Green and Lavender's fight for inclution, I have done concerts for them, been a plaintiff in court for them (one of four "straight" plaintiffs on the issue) and continue to support the cause. As to appeal. One reason the community may not wish to appeal, (and they call the shots not me...) is that one times appeals in mind of where the Supreme Court is these days. Don't forget, this is the Supreme Court which ruled that it is constitutional to exicute an innocent person in the face of exculpitory evidence for the reason of judicial ecconomy...
AS to being patonizing. Rather than being patronising, I though that so much was being said on this, you may be missing the spesific point, and by separating them out, you could focus on the points one at a time, I did not mean by that to be patronising. SO, back to those points.
1. Gay rights are protected in New York City by some of the most unabiguous laws in the US.
2. As a result, one cannot discriminate againts gay people in public accomodations.
3. If the parade is a general public accomodation - defined as being open to Irish Americans, they could not discriminate
4. The AOL to get around this proclaimed the parade a Catholic event (in spite of the history of being started by Irish Protestants and still accomodating such contingents as the Yiddish Sons of Erin)
5. The parade is now, as a result, the only religious event provided with a unique right by the City Charter.
6. It is not a stretch to see this as a clear violation of the first amendments of both the NYS constitution and the Federal constitution, both of which contain the same clause against the establishment of a federal religion.
7. In every instance in the past the Supreme Court has ruled that the establishment clause is violated if one religion is given an accomodation not given to every religion.

If you missunderstood and felt I was being wise ass to you, I appologize for the missunderstanding, but I assure you I didn't mean to be patronising... just slow you down to look at this point by point.
Phone ringing... gotta go.
cheers
larry