Free Republic

Ruling expected on S.F. licenses to gay couples

By Thomas Peele and Randy Myers

Contra Costa Times

The California Supreme Court will rule Thursday on whether San Francisco Mayor Gavin Newsom had the right to issue marriage licenses to more than 4,000 same-sex couples earlier this year.

The ruling is not expected to decide the constitutionality of gay marriage in the Golden State, which is being reviewed in lower courts, but only whether Newsom had the right to ignore the voter-approved Proposition 22. If the high court rules against the city, the state attorney general and three city residents are asking the justices to invalidate the marriages.

The decision will be posted at 10 a.m. on the court's Web site, www.courtinfo.ca.gov/opinions, according to a court representative.

``This isn't so much whether the marriage licenses are valid,'' but about whether ``the mayor had the power to order the clerks to perform the ceremonies,'' said Pam Karlan, a Stanford University law professor, on Tuesday.

The high court heard oral arguments May 25 in two cases that raised the issue.

Newsom has repeatedly said the ban on gay marriage violates the California and U.S. constitutions and that he had a duty to defy it. But justices expressed skepticism when they heard arguments.

``It is the city that created this mess,'' Justice Marvin Baxter said then.

San Francisco issued 4,161 marriage licenses to gay couples before the state Supreme Court ordered it to stop March 11. Chief Justice Ronald George said in May that those couples are in ``legal limbo'' while the court decides whether Newsom had any authority.

Karlan said the court might nullify the marriages or rule that Newsom was right and declare the marriages valid. A third, more unlikely scenario would be for the court to rule that Newsom lacked authority, but that the married couples should not be penalized because of his actions.

If the court rules the marriages invalid it will create ``all sorts of havoc,'' Karlan said. ``Many people in the last several months may have done things on reliance that they have this sort of license.''

Tribune news services Published July 30, 2004

MINNEAPOLIS -- Jay Wiesner has become the Twin Cities' third openly gay pastor in the Evangelical Lutheran Church in America, defying a denominational policy that is under review.

The policy forbids ordination of candidates in same-sex relationships but allows gay clergy who are committed to celibacy. Lutheran Lesbian & Gay Ministries said Wiesner and his partner of five years, Timothy Anthony, "were formally married" May 1 at Bethany Lutheran Church, where he will be installed on the staff next month.

Minneapolis Synod Bishop Craig Johnson did not attend Wiesner's ordination Sunday.

Bethany's pastor, Steven Benson, said Johnson could impose sanctions ranging from removing Bethany from denominational rolls to ousting Benson, but he doesn't know what, if anything, the bishop might do.

The denomination is scheduled to act on a report covering its sex and clergy policy at next year's national assembly.

Copyright © 2004, Chicago Tribune

Washington, June 24th: Contacts between Iraqi intelligence agents and Osama bin Laden when he was in Sudan in the mid-1990's were part of a broad effort by Baghdad to work with organizations opposing the Saudi ruling family, according to a newly disclosed document obtained by the Americans in Iraq.

American officials described the document as an internal report by the Iraqi intelligence service detailing efforts to seek cooperation with several Saudi opposition groups, including Mr. bin Laden's organization, before Al Qaeda had become a full-fledged terrorist organization. He was based in Sudan from 1992 to 1996, when that country forced him to leave and he took refuge in Afghanistan.

The document states that Iraq agreed to rebroadcast anti-Saudi propaganda, and that a request from Mr. bin Laden to begin joint operations against foreign forces in Saudi Arabia went unanswered. There is no further indication of collaboration.

Last week, the independent commission investigating the Sept. 11 attacks addressed the known contacts between Iraq and Al Qaeda, which have been cited by the White House as evidence of a close relationship between the two.

The commission concluded that the contacts had not demonstrated "a collaborative relationship" between Iraq and Al Qaeda. The Bush administration responded that there was considerable evidence of ties.

The new document, which appears to have circulated only since April, was provided to The New York Times several weeks ago, before the commission's report was released. Since obtaining the document, The Times has interviewed several military, intelligence and United States government officials in Washington and Baghdad to determine that the government considered it authentic.

The Americans confirmed that they had obtained the document from the Iraqi National Congress, as part of a trove that the group gathered after the fall of Saddam Hussein's government last year. The Defense Intelligence Agency paid the Iraqi National Congress for documents and other information until recently, when the group and its leader, Ahmad Chalabi, fell out of favor in Washington.

Some of the intelligence provided by the group is now wholly discredited, although officials have called some of the documents it helped to obtain useful.

A translation of the new Iraqi document was reviewed by a Pentagon working group in the spring, officials said. It included senior analysts from the military's Joint Staff, the Defense Intelligence Agency and a joint intelligence task force that specialized in counterterrorism issues, they said.

The task force concluded that the document "appeared authentic," and that it "corroborates and expands on previous reporting" about contacts between Iraqi intelligence and Mr. bin Laden in Sudan, according to the task force's analysis.

It is not known whether some on the task force held dissenting opinions about the document's veracity.

At the time of the contacts described in the Iraqi document, Mr. bin Laden was little known beyond the world of national security experts. It is now thought that his associates bombed a hotel in Yemen used by American troops bound for Somalia in 1992. Intelligence officials also believe he played a role in training Somali fighters who battled Army Rangers and Special Operations forces in Mogadishu during the "Black Hawk Down" battle of 1993.

Iraq during that period was struggling with its defeat by American-led forces in the Persian Gulf war of 1991, when American troops used Saudi Arabia as the base for expelling Iraqi invaders from Kuwait.

The document details a time before any of the spectacular anti-American terrorist strikes attributed to Al Qaeda: the two American Embassy bombings in East Africa in 1998, the strike on the destroyer Cole in Yemeni waters in 2000, and the Sept. 11 attacks.

The document, which asserts that Mr. bin Laden "was approached by our side," states that Mr. bin Laden previously "had some reservations about being labeled an Iraqi operative," but was now willing to meet in Sudan, and that "presidential approval" was granted to the Iraqi security service to proceed.

At the meeting, Mr. bin Laden requested that sermons of an anti-Saudi cleric be rebroadcast in Iraq. That request, the document states, was approved by Baghdad.

Mr. bin Laden "also requested joint operations against foreign forces" based in Saudi Arabia, where the American presence has been a rallying cry for Islamic militants who oppose American troops in the land of the Muslim pilgrimage sites of Mecca and Medina.

But the document contains no statement of response by the Iraqi leadership under Mr. Hussein to the request for joint operations, and there is no indication of discussions about attacks on the United States or the use of unconventional weapons.

The document is of interest to American officials as a detailed, if limited, snapshot of communications between Iraqi intelligence and Mr. bin Laden, but this view ends with Mr. bin Laden's departure from Sudan. At that point, Iraqi intelligence officers began "seeking other channels through which to handle the relationship, in light of his current location," the document states.

Members of the Pentagon task force that reviewed the document said it described no formal alliance being reached between Mr. bin Laden and Iraqi intelligence. The Iraqi document itself states that "cooperation between the two organizations should be allowed to develop freely through discussion and agreement."

The heated public debate over links between Mr. bin Laden and the Hussein government fall basically into three categories: the extent of communications and contacts between the two, the level of actual cooperation, and any specific collaboration in the Sept. 11 attacks.

The document provides evidence of communications between Mr. bin Laden and Iraqi intelligence, similar to that described in the Sept. 11 staff report released last week.

"Bin Laden also explored possible cooperation with Iraq during his time in Sudan, despite his opposition to Hussein's secular regime," the Sept. 11 commission report stated.

The Sudanese government, the commission report added, "arranged for contacts between Iraq and Al Qaeda."

"A senior Iraqi intelligence officer reportedly made three visits to Sudan," it said, "finally meeting bin Laden in 1994. Bin Laden is said to have requested space to establish training camps, as well as assistance in procuring weapons, but Iraq apparently never responded."

The Sept. 11 commission statement said there were reports of further contacts with Iraqi intelligence in Afghanistan after Mr. bin Laden's departure from Sudan, "but they do not appear to have resulted in a collaborative relationship," it added.

After the Sept. 11 commission released its staff reports last week, President Bush and Vice President Dick Cheney said they remained convinced that Mr. Hussein's government had a long history of ties to Al Qaeda.

"This administration never said that the 9/11 attacks were orchestrated between Saddam and Al Qaeda," Mr. Bush said. "We did say there were numerous contacts between Saddam Hussein and Al Qaeda. For example, Iraqi intelligence officers met with bin Laden, the head of Al Qaeda, in the Sudan. There's numerous contacts between the two."

It is not clear whether the commission knew of this document. After its report was released, Mr. Cheney said he might have been privy to more information than the commission had; it is not known whether any further information has changed hands.

A spokesman for the Sept. 11 commission declined to say whether it had seen the Iraqi document, saying its policy was not to discuss its sources.

The Iraqi document states that Mr. bin Laden's organization in Sudan was called "The Advice and Reform Commission." The Iraqis were cued to make their approach to Mr. bin Laden in 1994 after a Sudanese official visited Uday Hussein, the leader's son, as well as the director of Iraqi intelligence, and indicated that Mr. bin Laden was willing to meet in Sudan.

A former director of operations for Iraqi intelligence Directorate 4 met with Mr. bin Laden on Feb. 19, 1995, the document states.

VOTE "NO", TELL THE PHILLY NEWSPAPER THEY WERE WRONG TO ENDORSE KERRY. CAN WE SAY THAT THEY WILL BE UNBIASED NOW? I WOULDNT BET MY LIFE ON IT, THEY WILL SPIN NEWS TO BE PRO-KERRY

If D-Day Had Been Reported On Today

by William A. Mayer

Tragic French Offensive Stalled on Beaches (Normandy, France - June 6, 1944) - Pandemonium, shock and sheer terror predominate today's events in Europe.

In an as yet unfolding apparent fiasco, Supreme Allied Commander, Gen. Dwight David Eisenhower's troops got a rude awakening this morning at Omaha Beach here in Normandy.

Due to insufficient planning and lack of a workable entrance strategy, soldiers of the 1st and 29th Infantry as well as Army Rangers are now bogged down and sustaining heavy casualties inflicted on them by dug-in insurgent positions located 170 feet above them on cliffs overlooking the beaches which now resemble blood soaked killing fields at the time of this mid-morning filing.

Bodies, parts of bodies, and blood are the order of the day here, the screams of the dying and the stillness of the dead mingle in testament to this terrible event.

Morale can only be described as extremely poor--in some companies all the officers have been either killed or incapacitated, leaving only poorly trained privates to fend for themselves.

Things appear to be going so poorly that Lt. General Omar Bradley has been rumored to be considering breaking off the attack entirely. As we go to press embattled U.S. president Franklin Delano Roosevelt's spokesman has not made himself available for comment at all, fueling fires that something has gone disastrously awry.

The government at 1600 Pennsylvania Avenue is in a distinct lock-down mode and the Vice President's location is presently and officially undisclosed.

Whether the second in command should have gone into hiding during such a crisis will have to be answered at some future time, but many agree it does not send a good signal.

Miles behind the beaches and adding to the chaos, U.S. Naval gunships have inflicted many friendly fire casualties, as huge high explosive projectiles rain death and destruction on unsuspecting Allied positions. The lack of training of Naval gunners has been called into question numerous times before and today's demonstration seems to underlie those concerns.

At Utah Beach the situation is also grim, elements of the 82nd and 101st Airborne seemed to be in disarray as they missed their primary drop zones behind the area believed to comprise the militant's front lines. Errant paratroopers have been hung up in trees, breaking arms and legs, rendering themselves easy targets for those defending this territory.

On the beach front itself the landing area was missed, catapulting U.S. forces nearly 2,000 yards South of the intended coordinates, thus placing them that much farther away from the German insurgents and unable to direct covering fire or materially add to the operation.

Casualties at day's end are nothing short of horrific; at least 8,000 and possibly as many as 9,000 were wounded in the haphazardly coordinated attack, which seems to have no unifying purpose or intent. Of this number at least 3,000 have been estimated as having been killed, making June 6th by far, the worst single day of the war which has dragged on now--with no exit strategy in sight--as the American economy still struggles to recover from Herbert Hoover's depression and its 25% unemployment.

Military spending has skyrocketed the national debt into uncharted regions, lending another cause for concern. When and if the current hostilities finally end it may take generations for the huge debt to be repaid.

On the planning end of things, experts wonder privately if enough troops were committed to the initial offensive and whether at least another 100,000 troops should have been added to the force structure before such an audacious undertaking. Communication problems also have made their presence felt making that an area for further investigation by the appropriate governmental committees.

On the home front, questions and concern have been voiced. A telephone poll has shown dwindling support for the wheel-chair bound Commander In Chief, which might indicate a further erosion of support for his now three year-old global war.

Of course, the President's precarious health has always been a question. He has just recently recovered from pneumonia and speculation persists whether or not he has sufficient stamina to properly sustain the war effort. This remains a topic of furious discussion among those questioning his competency.

Today's costly and chaotic landing compounds the President's already large credibility problem.

More darkly, this phase of the war, commencing less than six months before the next general election, gives some the impression that Roosevelt may be using this offensive simply as a means to secure re-election in the fall.

Underlining the less than effective Allied attack, German casualties--most of them innocent and hapless conscripts--seem not to be as severe as would be imagined. A German minister who requested anonymity stated categorically that "the aggressors were being driven back into the sea amidst heavy casualties, the German people seek no wider war."

"The news couldn't be better," Adolph Hitler said when he was first informed of the D-Day assault earlier this afternoon.

"As long as they were in Britain we couldn't get at them. Now we have them where we can destroy them."

German minister Goebbels had been told of the Allied airborne landings at 0400 hours.

"Thank God, at last," he said. "This is the final round."

I didn't watch Hannity and Colmes last night. Why didn't Hannity talk to Kerry? I'm sure he would have made a fool of Kerry. What happened? Did Kerry only agree to come on as long as he didn't have to talk to Hannity?

DESCRIPTION OF BEHEADING VIDEO

An unnamed source has told THE PATRIOT JOURNAL that the video of the beheading of US civilian contractor Nick Berg by his Al-Queda linked captors is brutal and nauseating. The video shows one of Berg s captors kicking him, shoving him to the ground to his left side. The video then shows a captor pull out a large knife and chop his head partially off.