Supreme Court to take up issue of gay marriage

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WASHINGTON: The US Supreme Court has decided to take up the sensitive issue of gay marriage, hearing challenges to a federal law denying benefits to same-sex couples and California's ban on such unions.

The highest US court will likely hear arguments in the cases in March 2013, with rulings to come in June. Same-sex marriage is currently legal in nine states and the federal capital Washington but barred in 30 other states.

Campaigners on both sides of the debate over marriage equality hailed the court's decision to take up the issue -- although they obviously backed differing views as to what constitutes marriage and family.

As analysts predicted, the court took up one challenge to the 1996 Defense of Marriage Act (DOMA), which defines marriage as the legal union of one man and one woman and denies federal benefits to married same-sex couples.

Benefits enjoyed by heterosexual married couples but denied to gays include inheritance rights, tax breaks, filing of joint income tax returns, and health insurance coverage.

President Barack Obama's government does not support this view of marriage and would like the law to be overturned, but conservative campaigners are urging the Supreme Court to rule that the act is constitutional.

The specific case to be heard involves Edith Windsor, a lesbian legally married in Canada who has been told to pay tax on inheriting the estate of her deceased partner.

"While Thea is no longer alive, I know how proud she would have been to see this day. The truth is, I never expected any less from my country," Windsor said in a statement from the American Civil Liberties Union (ACLU).

The Supreme Court will rule whether DOMA violates the guarantee of equal protection under the law as guaranteed by the fifth amendment of the US constitution.

It will also decide if the Obama administration's position that DOMA is unconstitutional deprives the Supreme Court of jurisdiction, and whether a complaint by some US lawmakers has legal standing.

Justice Elena Kagan, as Obama's former solicitor general has recused herself on some of the cases in which she had played a role, but this is one on which she can participate.

Kagan's participation avoids the potential for a 4-4 split on the nine-member bench.

The other case taken up was brought by supporters of "Prop 8," a referendum that passed in California in 2008 that defined marriage as being between a "man and a woman" -- but which was overturned by a court of appeal.

If the Supreme Court throws out their appeal, California -- the country's most populous state -- will in effect become the 10th state to permit gay marriage.

In Hollingsworth v Perry, the court will decide whether the 14th amendment of the US constitution, which requires states to provide equal protection under the law to all people, prohibits California from banning gay marriage.

The Supreme Court will also decide whether the petitioners have legal standing in the case.

"Today is a milestone day for equal justice under the law and for millions of loving couples who want to make a lifelong commitment through marriage," said Chad Griffin, president of the Human Rights Campaign, a national gay rights organization.

"As the court has ruled 14 times in the past, marriage is a fundamental right and I believe they will side with liberty, freedom and equality, moving us toward a more perfect union as they have done in the past."

The conservative Family Research Council was also pleased, with president Tony Perkins saying in a statement: "Virtually nothing is more important to the future of our country than marriage and the family."

"The argument that the authors of our Constitution created or even implied a 'right' to redefine 'marriage' lies outside our constitutional law," Perkins added.

Justices did not say what they planned to do with eight other gay marriage petitions they debated behind closed doors on Friday.

It is likely that these, along with a last-minute case on the gay marriage ban in Nevada, will not be heard. But the Supreme Court could also rule that whatever decision it reaches in June should prevail over all the pending cases -- not just the ones heard.

As a country, the United States appears to be slowly moving towards tolerating same-sex unions.

An opinion poll by USA Today/Gallup released this week ahead of the court's decision showed that 53 percent of Americans believe same-sex marriage should be legal, up from 40 percent just three years ago.

Within the lesbian, gay, bisexual or transgender (LGBT) community, the poll showed that 91 percent felt residents in their communities had become more accepting of homosexuals in recent years.

Among those whose position has evolved over this period is Obama himself, who always backed strong protections for gay and lesbian couples, but only came out openly in favor of homosexual marriage earlier this year.

"I've just concluded, for me, personally, it is important for me to go ahead and affirm that I think same-sex couples should be able to get married," Obama said in a May interview with ABC News.

The president said however that a decision on whether to legalize gay marriage should be left to individual states.

- AFP/ck



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India misguided, paranoid over China: Guha

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MUMBAI: A good half-hour into the discussion on 'India, China and the World', historian Ramachandra Guha issued a disclaimer—all the three members on the panel had been to China only once. "We should learn their language, promote quality research, and have a panel on China driven by Chinese scholars," he said. And that was the general tenor of the debate—that the Indian attitude to China was influenced by a mix of ignorance, cautious optimism about partnerships and a whole lot of misguided paranoia. "Don't demonise the Chinese, please," Guha finally said in response to a question.

"China has existed in our imaginations," observed Sunil Khilnani, professor of politics and author of The Idea Of India. "There's been very little sustained engagement with the reality of China and very little of our own produced knowledge about China." It was after the events of 1962 ('war' in the popular imagination, 'skirmish' to the scholars participating in the discussion), explained Khilnani, that a miffed India "withdrew". It's the 50th anniversary of that exchange this year, and "what we haven't been able to do is learn from the defeat", observed Khilnani. Both could have benefited from greater engagement. "China has had a very clear focus on primary education and achieved high levels of literacy before its economic rise. It has also addressed the issue of land reform," said Khilnani. Guha added that China could learn from the "religious, cultural and linguistic pluralism" in India.

But China and India weren't always so out of sync with each other. Srinath Raghavan, a scholar of military history, got both Guha and Khilnani to talk about pre-1962 relations between the two when the picture was rosier. Tagore was interested in China and so was Gandhi. Both were very large countries with large populations and shared what Guha calls a "lack of cultural inferiority". "They were both," he continued, "also heavily dependent on peasant communities." Nehru was appreciative of China's will to modernize and industrialize and its adoption of technology to achieve those ends. In turn, Chinese politicians argued for Indian independence.

Things soured more, feel both Khilnani and Guha, after the Dalai Lama fled to India in 1959. "He was welcomed here as a spiritual leader but the intensification of the conflict dates to the Dalai Lama's flight," said Guha. Both Guha and Khilnani argued that Nehru's decision to not react aggressively to China's occupation of Tibet was, in the long run, the right one and prevented further "militarization" of the region. An audience member wondered if that didn't make India "China's puppet". Guha disagreed. "If there's a Tibetan culture alive today," he said, "it's not because of Richard Gere. Don't believe in the hypocrisy of the Western countries. Will they give them land, employment, dignified refuge? The Tibetans is one of the few cases in which our record is honorable."

But the difference in levels of development and the lopsided trade relations between the two countries have only fuelled the suspicions many Indians seem to harbour about China. People were worried, said Guha, even about cricket balls made in China. Audience questions reflected those worries. A member asked about China's "strategy to conquer the world" and its likely impact on India. Guha cautioned against stereotypes; Khilnani explained, "History is littered with the debris of states that have tried to dominate the world. What we're doing may be more long-lasting."

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Plants Grow Fine Without Gravity

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When researchers sent plants to the International Space Station in 2010, the flora wasn't meant to be decorative. Instead, the seeds of these small, white flowers—called Arabidopsis thaliana—were the subject of an experiment to study how plant roots developed in a weightless environment.

Gravity is an important influence on root growth, but the scientists found that their space plants didn't need it to flourish. The research team from the University of Florida in Gainesville thinks this ability is related to a plant's inherent ability to orient itself as it grows. Seeds germinated on the International Space Station sprouted roots that behaved like they would on Earth—growing away from the seed to seek nutrients and water in exactly the same pattern observed with gravity. (Related: "Beyond Gravity.")

Since the flowers were orbiting some 220 miles (350 kilometers) above the Earth at the time, the NASA-funded experiment suggests that plants still retain an earthy instinct when they don't have gravity as a guide.

"The role of gravity in plant growth and development in terrestrial environments is well understood," said plant geneticist and study co-author Anna-Lisa Paul, with the University of Florida in Gainesville. "What is less well understood is how plants respond when you remove gravity." (See a video about plant growth.)

The new study revealed that "features of plant growth we thought were a result of gravity acting on plant cells and organs do not actually require gravity," she added.

Paul and her collaborator Robert Ferl, a plant biologist at the University of Florida in Gainesville, monitored their plants from the Kennedy Space Center in Florida using images sent from the space station every six hours.

Root Growth

Grown on a nutrient-rich gel in clear petri plates, the space flowers showed familiar root growth patterns such as "skewing," where roots slant progressively as they branch out.

"When we saw the first pictures come back from orbit and saw that we had most of the skewing phenomenon we were quite surprised," Paul said.

Researchers have always thought that skewing was the result of gravity's effects on how the root tip interacts with the surfaces it encounters as it grows, she added. But Paul and Ferl suspect that in the absence of gravity, other cues take over that enable the plant to direct its roots away from the seed and light-seeking shoot. Those cues could include moisture, nutrients, and light avoidance.

"Bottom line is that although plants 'know' that they are in a novel environment, they ultimately do just fine," Paul said.

The finding further boosts the prospect of cultivating food plants in space and, eventually, on other planets.

"There's really no impediment to growing plants in microgravity, such as on a long-term mission to Mars, or in reduced-gravity environments such as in specialized greenhouses on Mars or the moon," Paul said. (Related: "Alien Trees Would Bloom Black on Worlds With Double Stars.")

The study findings appear in the latest issue of the journal BMC Plant Biology.


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Baby Gabriel's Mother Sentenced to Prison

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Elizabeth Johnson -- who at one point admitted to killing her son, the missing infant Gabriel Johnson, before saying she gave him away -- told a judge she "deserved the maximum" sentence, before receiving a prison term of 5.25 years, half of the max.


In October, Johnson, 26, was found guilty of custodial interference and unlawful imprisonment stemming from the disappearance of her 8-month-old son, last seen on Dec. 24, 2009. The baby's whereabouts remain unknown.


"I am brokenhearted over my son still being missing," said Johnson, wearing a striped prison jumpsuit. "I'm at a loss because I do deserve the max. What I have done is unconscionable. I would convict myself.


"I do deserve the maximum, I do," she said through tears. "[But it] wasn't how [the prosecution] made it out to be. It wasn't like that. That's all I have to say."


Judge Paul McMurdie said he wished he could design a sentence that would compel Johnson to disclose Gabriel's whereabouts, but could only "sentence her for the offenses [for which] she's been convicted."


Johnson, 26, will serve 5.25 years in an Arizona state prison, followed by four years of probation.










At today's sentencing hearing, prosecutor Angela Andrews called Johnson' actions "despicable," but said the state would drop its request to see Johnson serve out a maximum sentence if she would tell authorities where her son could be found.


Johnson, who has been in jail for the past three years, faced a maximum of 9.5 years in prison on the two convictions. In October, the jury did not reach a verdict on a third charge of kidnapping.


Before Gabriel's disappearance, Johnson had been embroiled in a custody battle with the baby's biological father, Logan McQueary. The couple differed on putting their infant son up for adoption. Johnson had wanted to, McQueary did not.


"I think Elizabeth should be held accountable for her actions, for making my son disappear," Johnson told the court. "She should stay in jail until Gabriel is found or be given the maximum sentence as possible."


While she was fighting with McQueary over custody of their son, Johnson left Tempe, Ariz., with Gabriel and traveled to San Antonio, Texas, on Dec. 18, 2009. Johnson failed to bring Gabriel back to visit with McQueary two days later, violating a court custody order.


Gabriel was last seen with his mother on Dec. 26, 2009. The following day, Johnson sent text messages to McQueary saying she had killed him. Johnson was recorded telling McQueary that she suffocated their son with a towel until he turned blue. She said she then put his body in a diaper bag and put the bag in the trash.


Later, Johnson told authorities she gave Gabriel to a couple she met in a park in San Antonio, though she has never named who she gave the child to.


ABC News' Alexis Shaw contributed to this report.



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Bieber miffed at Grammys snub, Brubeck gets nod

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LOS ANGELES: Justin Bieber's manager has lambasted the Grammys organisers after the Canadian teen sensation failed to garner a single nomination for this year's music awards.

At the other end of the musical spectrum, late jazz icon Dave Brubeck was honoured with a posthumous nod for the music industry's top prizes, in a little-noticed category at Wednesday night's nominations show.

"The kid deserved it. Grammy board u blew it on this one," tweeted the Bieb's manager Scooter Braum, after the Recording Academy failed to nominate him in any of its 81 categories.

"The kid delivered. Huge successful album, sold out tour, and won people over... this time he deserved to be recognized and I don't really have any kind nice positive things to say about a decision I don't agree with."

And he added: "To his fans... looks like we get to stay the underdog a little longer."

This year's Grammy nominees were announced at a one-hour show in Nashville on Wednesday night, with New York indie pop band fun. picking up six Grammy nominations in its breakout year.

Others with multiple nods for Grammy gongs, to be awarded on February 10 in Los Angeles, included rap artist Frank Ocean, The Black Keys, British rock-folk group Mumford & Sons and ex White Stripes rocker Jack White.

Wednesday's show included a brief mention for jazz pianist and composer Brubeck, hours after he died just short of his 92nd birthday.

Brubeck, whose 1959 album "Time Out" became the first million-selling jazz record of the modern era, with classics like "Take Five" and "Blue Rondo a la Turk", already won a Grammy Lifetime Achievement Award in 1996.

But he had never won an individual category Grammy.

That may change in February, after he was shortlisted for Best Instrumental Composition for "Music of Ansel Adams: America", a 22-minute piece inspired by the late photographer and environmentalist's famous black-and-white prints.

Brubeck's son Chris, credited as joint composer, brought the concept to his father who wrote it as a piano score, before his son reworked it into a full orchestral piece, according to industry weekly Billboard.

-AFP/fl



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Tribal women wage war against IMFL

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SHIMLA: Tribal women in Lahaul-Spiti and Kinnaur district have waged a unique war to curb social inequality, especially during marriages and other social functions. In a bid to curb show of wealth, women have come up with unique idea of banning the use of English liquor and those defying ban are being imposed heavy penalty.

Liquor is an important part of tribal customs and social get together are incomplete if alcohol and mutton are not served to guests. Since ages, tribals in Kinnaur are brewing liquor locally known as "angoori" while in Lahaul-Spiti they make it from wheat. But with the coming of wealth locally brewed liquor was replaced by whisky and beer resulting into social inequality widening the gap between rich and poor.

Noted social activist of Kinnaur and chairperson of Kinnaur Mahila Kalyan Parishad Ratan Manjari said over the years serving English liquor and beer during marriages and other social functions had become a show of wealth and those not having money too were serving it and get burdened with debt. "Trend was wrong which needed to be stopped and now we have done it in many villages of Kinnaur," she said. Kinnaur Mahila Kalyan Parishad has 200 mahila mandals as its members.

Ratan Manjari said for 5-6 years, they have mobilized support of women in Kinnaur district to tell them how use of English liquor and beer during marriages is resulting in waste of money besides creating divide among rich and poor. "Today, we have succeeded in banning English liquor in social functions, especially in Kalpa, Sangla, Lippa and other areas of district," she said.

To ensure that people obey the decision, a provision of imposing fine has been made by women amicably. "We have decided to impose penalty of Rs 5,000 on people serving the English liquor and those consuming it," Manjari said. She said still a lot more is required to be done.

In Lahaul-Spiti district, Udaipur village is setting an example for others by observing complete ban on English liquor and beer during social gathering for last three years. "During marriages and other functions only locally made liquor is served. Those defying ban are punished by mahila mandal members," said Hemvati, Mahila Mandal member of Udaipur.

Hemvati said if a family in the village found serving English liquor and Beer despite ban, then Rs 10,000 fine is imposed, but if same offence is committed second time then the family is boycotted socially.

"Such decisions are in larger interest of society as seeing rich people serving liquor even poor were following the trend after borrowing money. In one wedding, people were usually spending Rs 50,000 to 1 lakh only on liquor, but now with ban enforced in many villages show of wealth has been curbed in the interest of poor," said Rigzin Samphel Hayerpa, Zila Parishad member from Kolang in Lahaul-Spiti.

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Space Pictures This Week: Lunar Gravity, Venusian Volcano

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Not 'Wild West': Talking Cyber Ops at Iran's Backdoor

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Robert Clark, the operational attorney for U.S. Cyber Command, stood in a grand ballroom with gold flaked ceilings and sparkling chandeliers to address an audience that included men in flowing white robes and veiled women and tried to hammer home a single point: cyber warfare is not the "Wild West."


Clark, who emphasized that he was speaking only in a personal capacity and not on behalf of the U.S. government, wanted to assure the relatively small gathering in the United Arab Emirates that in an age where a new "revolutionary" cyber weapon like Stuxnet is discovered every few months -- usually on computers in Iran, just across the Arabian Gulf -- legal considerations are taken into account before cyber attacks are launched.


"Articles that talk about cyber warfare and [say] that rules of engagement aren't evolving as fast as [the cyber attacks], it's just not true," Clark said. "We have the law of armed conflict applying to any type conflict and it applies to cyberspace operations also... It's just not the Wild West out there."




For most of his presentation, Clark spoke in generalities about the legal aspects of American cyber capabilities because despite the months-old admission from his boss, U.S. Cyber Command chief Gen. Keith Alexander, that the military is developing a "pro-active, agile cyber force," and the oft-cited New York Times report on America's role in developing Stuxnet, the devastating cyber weapon that hit an Iranian nuclear facility in late 2009, no current American officials have gone on record claiming responsibility for an offensive cyber attack.


However, emboldened by a government colleague's praise of Stuxnet earlier this year, Clark couldn't resist using it as a hypothetical example.


He said that before a weapon like Stuxnet would be launched, the same legal criteria would be considered as if it were a physical military attack. Is there an imminent threat from the target? Does it absolutely have to be taken out? Will the attack cause casualties or collateral damage that could and should be avoided?


Answering his own question about casualties, Clark echoed comments from colleague Air Force Col. Gary Brown when he noted the impressive restraint of the worm. Though Stuxnet was discovered on thousands of computers around the world in 2010, cyber researchers quickly realized that it was something of a smart bomb. It would spread harmlessly from computer to computer until it found itself on the exact system configuration -- a control system at an Iranian nuclear facility -- it was meant to target.


"Stuxnet," Clark said, "was a very discriminant weapon."


After Stuxnet was discovered and analyzed, Richard Clarke, a former White House counter-terrorism adviser and current ABC News consultant, said he thought that Stuxnet showed such care to limit collateral damage that it must have been developed with healthy input from anxious lawyers.


Robert Clark's presentation Wednesday was one of the first talks at the Black Hat security conference held at the opulent Emirate Palace Hotel in Abu Dhabi and though most of the presentations were highly technical, Clark wasn't the first and or the last to talk about the cyber struggle over Iran.






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Rubio, Ryan look to the future during award dinner speeches

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Two high-profile Republican members of Congress who stand at the forefront of the effort to rebuild the party after a stinging presidential defeat delivered speeches Tuesday night aimed at turning the page with a fresh emphasis on inclusion and a renewed focus on growing the middle class.


“Nothing represents how special America is more than our middle class. And our challenge and our opportunity now is to create the conditions that allow it not just to survive, but to grow,” said Sen. Marco Rubio (Fla.), the Leadership Award recipient at a dinner hosted by the Jack Kemp Foundation, a charitable nonprofit organization named for the late congressman and Housing and Urban Development secretary.

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Critics give epic 'Hobbit' middle marks

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NEW YORK: Peter Jackson's "The Hobbit: An Unexpected Journey" opens in the US this month and critics say the movie, much like the epic journey it depicts, is adventurous - but an uphill slog.

The fantasy about a Hobbit called Bilbo Baggins, Gandalf the good wizard, 13 raucous dwarves, and a host of evil forces, takes viewers back to the lavishly filmed Middle-earth world that won Oscars and rave reviews in Jackson's previous "Lord of the Rings" trilogy.

But reviews from journalists, who got to see the nearly three-hour movie ahead of its December 14 US premiere, were also somewhere in the middle.

Jackson's technical wizardry, using 3D and 48 frames a second, rather than the ordinary 24 frames, got gasps of admiration, mixed with yawns about overkill.

And while the New Zealand-born director scored high marks for the faithfulness of the adaption from J.R.R. Tolkien's book, there was incredulity - and some cynicism - about the decision to split the relatively slender "Hobbit" into three enormous movies.

"In Jackson's academically fastidious telling, however, it's as if 'The Wizard of Oz' had taken nearly an hour just to get out of Kansas," The Hollywood Reporter said in a bruising review.

"There are elements in this new film that are as spectacular as much of the Rings trilogy was, but there is much that is flat-footed and tedious as well."

Variety's critic took aim at the overwhelming detail poured into 48-frames-a-second pictures.

"Everything takes on an overblown, artificial quality in which the phoniness of the sets and costumes becomes obvious, while well-lit areas bleed into their surroundings, like watching a high-end home movie," Variety said.

"The Hobbit", which was screened for journalists in New York on Tuesday, is a prequel to the darker "Lord of the Rings," introducing the main characters and plot lines that reappear through the entire saga. The cursed golden ring also makes its first appearance.

There are bravura battle scenes, choreographed hordes of Goblins, fantastical caves, and James Bond-style narrow escapes from death for Martin Freeman's Bilbo Baggins and his dwarf friends. As in the three "Rings" movies, the natural settings of New Zealand are breath-taking.

But with so many strange beings attacking each other with swords, and so many arrows, rocks and bodies flying in 3D at the audience, the few intimately staged scenes focusing on just a couple characters can come as a relief.

When the action cut suddenly from the latest mass sword fight to a silent cave inhabited by Andy Serkis' creepy character Gollum, journalists at Tuesday's press screening broke out in a rare smattering of applause.

Jackson defended the decision to stretch the book to three movies, in contrast to the "Rings" trilogy, which was based on three books.

He told reporters Wednesday in New York that in Tolkien's often "breathless" text, "very major events are covered in two or three pages," and that transferring the action to film required a more sumptuous treatment.

Screenwriter and co-producer Philippa Boyens said the different pace responded to the dynamics of working with actors.

"Great actors come to you for the material and if you give them very slight material, you're just not going to get them. We wanted to write for these great actors," she said.

The filmmakers also defended their use of the 48 frames a second. "Fantasy should be as real as possible," Jackson said, "The levels of detail are very important."

The reviews for "The Hobbit" were far from universally negative, and many critics said the three films may well make healthy profits. On the reviews aggregator website Rotten Tomatoes, the rating of fresh versus rotten tomatoes was a high 78 percent Wednesday.

Great British actor Ian McKellen, who reprised his "Rings" role as Gandalf in "The Hobbit", batted down suggestions that the filmmakers were trying to milk the maximum profit out of Tolkien fans.

"Anyone who thinks Peter Jackson would fall for market forces, instead of artistic imperatives, just doesn't know him, doesn't know the body of his work," McKellen told reporters.

The movies will do well because Bilbo Baggins and his travails are a universal story, he said.

"It's about the little guy that we need and may be expendable, who may not come back."

-AFP/fl



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