Judge Walker Strikes Down Prop 8 and Shows the Backbone the Virginia Supreme Court Lacks

I have now had an opportunity to review Judge Walker's opinion handed down today in Perry v. Schwarzenegger and my reaction in a nut shell is WOW!! The reaction of professional Christians and others who are enriching themselves by beating the anti-gay marriage horse to death since anti-abortion hysteria doesn't yield the money it once did is that the world is coming to an end. What may actually be coming to an end is folks like Maggie Gallagher making nice six figure incomes by disseminating anti-gay marriage lies and hate.

*

Judge Walker's opinion properly applied prior U.S. Supreme Court precedent and was willing to call a spade a spade. While the opinion only referenced religious belief out right once, the message in numerous parts of the opinion clearly was that the equal protection clause of the 14th Amendment of the U.S. Constitution does NOT allow discriminatory laws to be enacted solely because of the moral beliefs [read religious beliefs] of a majority. Reading the opinion I could not help but note the difference between Judge Walker's directness and willingness to face the mandates of the U. S. Constitution and the Supreme Court of Virginia's refusal, without opinion, to address largely the same issues in the case of Michael Moore v. Virginia Museum of Natural History. Was the Virginia Court - the justices of which are not appointed for like unlike federal judges - afraid to face the wrath of Governor Bob "Taliban Bob" McDonnell, Virginia Attorney General Ken "Kookinelli" Cuccinelli, and/or the Republicans in the Virginia General Assembly who largely function as puppets of The Family Foundation, the Virginia affiliate of Daddy Dobson's Focus on the Family? We will never know since the Virginia Supreme Court rejected Michael Moore's appeal without rendering any opinion.

*

But I digress. In his opinion, Judge Walker enumerated many findings of fact that savaged the proponents of Proposition 8, particularly anti-gay Christianist witnesses who in the final analysis had nothing [other than religious belief] to support their anti-gay bigotry. Needless, the Christo-fascists will appeal the decision which is stayed for two days to allow the parties to submit arguments on why the ruling should be stayed pending an appeal to the Circuit Court of Appeals for the 9th Circuit. The war is far from over, but Ted Olson and David Boies have won the first battle and Walker has written an opinion that was obviously written from a perspective of making a reversal difficult on appeal. Here are a few of the best lines from the opinion:
*
To the extent California has an interest in encouraging sexual activity to occur within marriage (a debatable proposition in light of Lawrence, 539 US at 571) the evidence shows Proposition 8 to be detrimental to that interest.
*
Proponents argue Proposition 8 advances a state interest in encouraging the formation of stable households. Instead, the evidence shows that Proposition 8 undermines that state interest, because same-sex households have become less stable by the passage of Proposition 8. The inability to marry denies same-sex couples the benefits, including stability, attendant to marriage.
*
Proponents failed to put forth any credible evidence that married opposite-sex households are made more stable through Proposition 8. FF 55. The only rational conclusion in light of the evidence is that Proposition 8 makes it less likely that California children will be raised in stable households.
*
Many of the purported interests identified by proponents are nothing more than a fear or unarticulated dislike of same-sex couples. Those interests that are legitimate are unrelated to the classification drawn by Proposition 8. The evidence shows that, by every available metric, opposite-sex couples are not better than
their same-sex counterparts; instead, as partners, parents and citizens, opposite-sex couples and same-sex couples are equal. FF 47-50. Proposition 8 violates the Equal Protection Clause because it does not treat them equally.
*
Proposition 8 was premised on the belief that same-sex couples simply are not as good as opposite-sex couples. FF 78-80. Whether that belief is based on moral disapproval of homosexuality, animus towards gays and lesbians or simply a belief that a relationship between a man and a woman is inherently better than a relationship between two men or two women, this belief is not a proper basis on which to legislate. See Romer, 517 US at 633; Moreno, 413 US at 534; Palmore v Sidoti, 466 US 429, 433 (1984) (“[T]he Constitution cannot control [private biases] but neither can it tolerate them.”).
*
“[M]oral disapproval, without any other asserted state interest,” has never been a rational basis for legislation. Lawrence, 539 US at 582 (O'Connor, J, concurring). Tradition alone cannot support legislation. See Williams, 399 US at 239; Romer, 517 US at 635; Lawrence, 539 US at 579.
*
Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians. The evidence shows conclusively that Proposition 8 enacts, without reason, a private moral view that same-sex couples are inferior to opposite-sex
couples.
*
Because Proposition 8 disadvantages gays and lesbians without any rational justification, Proposition 8 violates the Equal Protection Clause of the Fourteenth Amendment.

Gay Marriage and the U. S. Constitution

I have long thought that under the Equal Protection clause and the freedom of religion protections of the U. S. Constitution bans on gay marriage - which in the final analysis are based on religious discrimination - are unconstitutional. It's one thing when individual bigots discriminate based on religious belief. It is something entirely different when the federal and state governments enact that discrimination into anti-gay laws. Now, David Boies, one part of the legal team challenging Proposition 8 in federal court, has an op-ed piece in the Wall Street Journal that lays out precisely why Proposition 8 and other anti-gay laws need to be struck down as unconstitutional. Here are some highlights from Boies' editorial piece:

*

Recently, Ted Olson and I brought a lawsuit asking the courts to now declare unconstitutional California's Proposition 8 limitation of marriage to people of the opposite sex. We acted together because of our mutual commitment to the importance of this cause, and to emphasize that this is not a Republican or Democratic issue, not a liberal or conservative issue, but an issue of enforcing our Constitution's guarantee of equal protection and due process to all citizens.

*

The Supreme Court has repeatedly held that the right to marry the person you love is so fundamental that states cannot abridge it. . . . there is no legitimate state policy underlying Proposition 8. The occasional suggestion that marriages between people of different sexes may somehow be threatened by marriages of people of the same sex does not withstand discussion.

*

Moreover, there is no longer any credible contention that depriving gays and lesbians of basic rights will cause them to change their sexual orientation. Even if there was, the attempt would be constitutionally defective. But, in fact, the sexual orientation of gays and lesbians is as much a God-given characteristic as the color of their skin or the sexual orientation of their straight brothers and sisters. It is also a condition that, like race, has historically been subject to abusive and often violent discrimination. It is precisely where a minority's basic human rights are abridged that our Constitution's promise of due process and equal protection is most vital.

*

[B]asic constitutional rights cannot depend on the willingness of the electorate in any given state to end discrimination. If we were prepared to consign minority rights to a majority vote, there would be no need for a constitution. The ban on same-sex marriages written into the California Constitution by a 52% vote in favor of Proposition 8 is the residue of centuries of figurative and literal gay-bashing.

*

There are those who sincerely believe that homosexuality is inconsistent with their religion -- and the First Amendment guarantees their freedom of belief. However, the same First Amendment, as well as the Due Process and Equal Protection clauses, preclude the enshrinement of their religious-based disapproval in state law.

*

It is time, indeed past time, that our Constitution fulfill its promise of equal protection and due process for all citizens by now eliminating the last remnant of centuries of misguided state discrimination against gays and lesbians.

*

Again, religious based discrimination does not justify writing the CIVIL laws in a way that deprives other citizens of equal civil rights.

JASMYNE CANNICK: What Blacks Can Learn From Gays

Jasmyne Cannick - with whom I do not always agree - has an interesting column up that raises an issue that seems relevant in the Hampton Roads area as well as California: undue focus by members of the black community on issues that do not improve the lives of black citizens. Locally, a number of black churches are utterly obsessed with opposing gay marriage and gay rights and expend energy and money better spent on issues that would improve employment and other matters that have a true everyday impact on the black community. Worse yet, these same churches are unwittingly cynically manipulated by the modern day descendants of the same groups that opposed segregation, voting rights, etc. 8Here are some highlights from Jasmyne's column:

*

Before you open that bottle of champagne, can of beer, or bottle of Hennessy in celebration of last week’s decision by the California Supreme Court upholding Proposition 8 and the ban on gay marriage, did you ever stop to think maybe the jokes on us?

*
I mean think about it. Last November, Blacks voted overwhelmingly in support of Proposition 8, ensuring that lesbian and gay couples, including Black couples, continue to be treated as second-class citizens. Everyone had an opinion from the tennis courts to the pulpit. And no matter whether Black support of Proposition 8 had more to do with religious beliefs or just plain old-fashioned homophobia, the fact still remains that two people getting married, same-sex or not, has no financial impact whatsoever on the rest of us. None. We may not like it, but at the end of the day, gay marriage doesn’t take food from anyone’s mouth, clothes off of anyone’s back, or a roof from over someone’s head. But judging from the way we acted, you would have thought that it did.

*

Which leaves me to question if Blacks are more concerned about whether two men or women commit to loving and caring for each other than they are about cuts to vital programs that affect all of us? Because let me tell you, me getting married tomorrow isn’t nearly going have the same impact on Black California as hundreds of thousands of out of work, hungry, and homeless Black people are. You think crime is bad now, you just wait and see. Message!

*
Lest I forget to mention that our support of Proposition 8 only ensured that gay organizations fighting for marriage continue to raise hundreds of thousands of dollars to keep the fight going, while many Black organizations are operating on the brink of bankruptcy. Message!

*

I wonder if Blacks would ever think of protesting their first Black President to make sure that he addressed issues relevant not only to middle class Americans but to those Americans living at or below the poverty line. I’m just saying, while I don’t always agree with the gay community’s tactics, they sure do know how to make their voice heard. Message! With all of the issues facing Black Californian’s today—home foreclosures, unemployment, homelessness—gay marriage remains at the forefront of the Democratic agenda for Black elected officials and that’s not by accident.

*

And while many of our Black churches were so instrumental in making sure that their congregations supported Proposition 8, I can’t say that the same energy has been put into making sure that we’re aware of the impact by the Governor’s proposed budget cuts on Blacks in California. So I’ll say it again, maybe the joke is on us.

*

[O]ur support of non-relevant issues like Proposition 8 while ignoring the real issues that affect us all will ensure that Blacks continue to be at the bottom of the food chain in California—even with a Black President in Office. Black people need to stop focusing on issues that we have no control over and that do not affect our pocketbook and quality of life in the least bit and shift that energy into addressing the issues that do affect all of us and that we can control. . . .

NAACP Calls for Overturning of Proposition 8

The Advocate is reporting that the The National Association for the Advancement of Colored People ("NAACP") announced support on Monday for California's supreme court to invalidate Proposition 8. The announcement was made by NAACP CEO Benjamin Todd Jealous (pictured at left) in a letter to legislative leaders. This is a welcomed development and may help heal some of the fractures caused when exit polls purportedly showed that nearly 70% of California blacks voted in support of Proposition 8. I suspect that a number of extremely homophobic black ministers in this area will be none too pleased with the NAACP - even though these same ministers refuse to see that they are being cynically manipulated by anti-black Christianists like Tony Perkins and James Dobson to further the agenda of those who supported the Jim Crow laws. Here are some story highlights:

*

The civil-rights group not only wants the court to overturn Prop. 8 -- they want California's legislature to go on record against Prop. 8 as well.

*

"The NAACP's mission is to help create a society where all Americans have equal protection and opportunity under the law," wrote NAACP CEO Benjamin Todd Jealous (pictured) in a letter to legislative leaders. "Our mission statement calls for the 'quality of rights of all persons.' Prop. 8 strips same-sex couples of a fundamental freedom, as defined by the California state supreme court. In so doing, it poses a serious threat to all Americans. Prop. 8 is a discriminatory, unprecedented change to the California constitution that, if allowed to stand, would undermine the very purpose of a constitution and courts -- assuring equal protection and opportunity for all and safeguarding minorities from the tyranny of the majority."

*

The NAACP has long opposed any proposal that would alter the federal or state constitutions for the purpose of excluding any groups or individuals from guarantees of equal protections," said NAACP chairman Julian Bond in a press release. "We urge the legislature to declare that Proposition 8 did not follow the proper protective process and should be overturned as an invalid alteration that vitiated crucial constitutional safeguards and fundamental American values, threatening civil rights and all vulnerable minorities."

*

I can already hear the shrieking and wailing of the professional Christian set over this development. Hopefully, the black community is waking up to the fact that these demagogues are NOT friends to the black community or to equality for all.

Labor Coalition Seeks Overturning of Proposition 8

When one thinks of union members, I tend to picture blue collar and hourly union workers who are anything but the "effete liberals" that the Christianists and Sarah Palin like to vent about. They are about as "real American" as you can get and surprisingly, their unions have consistently been supporters of gay-friendly employment non-discrimination laws and now the overturning of Proposition 8. It is yet another aspect of the phenomenon where Christianists oppose what true followers of Christ would support: living wages for workers, medical insurance benefits for all, and non-discrimination. I continue to believe that the Christianists and the Kool-Aid drinker controlled GOP have turned Christianity into something evil. Here are some highlights on labor's opposition to Proposition 8 from the Sacramento Bee:

*

A coalition of more than 50 labor unions Tuesday urged the California Supreme Court to overturn a ballot measure that banned same-sex marriage in the state. In their amicus brief, the unions argue that Proposition 8 would amend discrimination into the state constitution and divide Californians into "suspect classifications." "It really does establish the potential for a slippery slope of taking away the rights of one group and then potentially the rights of another group and another group," Art Pulaski, executive secretary-treasurer of the California Labor Federation, said during a teleconference with reporters.

*

Joining in the brief were the Service Employees International Union State Council, the California Federation of Teachers, the California Nurses Association, the California Faculty Association, UNITE HERE! and the Screen Actors Guild. Combined, the labor organizations claim 2 million members.

*

Sal Rosselli, president of the United Healthcare Workers union, noted that unions and gay rights advocates worked together in the 1970s to defeat the Briggs Initiative, which would have banned gays from working in California's public schools, and to boycott Coors beer for anti-labor policies. "We in labor unions have an obligation to support all our members," said Rosselli, a longtime gay rights advocate. "We have many gay members who want to marry same-sex partners."

*

In the brief, the unions argue that Proposition 8 should be overturned by the court because it is not a "constitutional amendment," but an illegal "constitutional revision."

Two Faces of Christians in San Diego

San Diego saw two very different faces of Christianity today. One face, represented by those assembled at Qualcomm Stadium represents an alleged version of Christianity - which is not even really Christian, in my opinion - based on intolerance, hate, mindless and hypocritical obedience to obsolete Bible passages, and ignorance. The fact that these folks routinely ignore the Bible caveats against divorce underscores their outright hypocrisy. (A photo of some of the Kool-Aid drinkers is at left) Purportedly in attendance was one of the high priests of hate, James Dobson, and also Lou Engle who organized the event.

*

The other form of Christianity - the true form if you will - was represented by a service at St. Paul's Episcopal Cathedral near Balboa Park. This form recognizes modern medical and mental health knowledge, extends love to others and follows Christ's dictate to love your neighbor as yourself. One has to wonder what is wrong with those at the Qualcomm event that they need to destroy the CIVIL legal rights of others in order to (1) feel good about themselves and (2) in the case of the organizers, fleece money from the ignorant. As if my boyfriend and I being married would affect their self-centered, self-absorbed lives or marriages in any way. Here are some highlights from the San Diego Union-Tribune:

*

Supporters and opponents of Proposition 8 were holding religious-themed events Saturday, as the Tuesday vote on same-sex marriage nears. At Qualcomm Stadium, thousands were attending TheCall, which organizers said is a prayer and fasting event in support of passage of Proposition 8, which would ban such unions.

*

Meanwhile, opponents of Proposition 8 organized a day of activity called “Make the Right Call,” which included a morning interfaith service at St. Paul's Episcopal Cathedral near Balboa Park. A 9 p.m. candlelight vigil against Proposition 8 was planned to take place in Hillcrest, with San Diego Mayor Jerry Sanders and his daughter, Lisa, participating.

*

More than a dozen local religious leaders took part in the event, including the Rev. Mary Sue Brookshire of the United Church of Christ in La Mesa whose homily was interrupted several times by applause. She spoke of a lesbian friend who felt her life was incomplete because of society's treatment of gays. “As long as she is not fully human, neither am I.”

Catholic Anti-Gay Jihad Continues

The hypocrisy and official homophobia of the Roman Catholic Church truly knows no bounds and it's hard to decide which recent story I should start off with. I guess I will start with the one that too me demonstrates the most hypocrisy - yes, I know it's a tough call given the Church's phenomenal levels of hypocrisy. I'll start with the article captioned "Vatican Urges Psychological Tests on Future Priests." The immediate thought that comes to my mind is, shouldn't ALL current priests, bishops, cardinals and the Prada Pope also be required to undergo these psychological tests? I mean, if we want to allegedly protect children, let's test everyone. Oops, I forgot. Many of them would not pass - and the Vatican knows it. Of course, has the Vatican stopped to consider that it may end up with few or new priests if this is testing is done? Here are some story highlights:

*

VATICAN CITY (Reuters) - Candidates for the Catholic priesthood should undergo psychological tests to screen out heterosexuals unable to control their sexual urges and those with strong homosexual tendencies, the Vatican said on Thursday.

*

Vatican officials told a news conference the tests would not be obligatory but decided on a case-by-case basis when seminary rectors wanted to be sure a man was qualfied for the priesthood. The testing by a psychologist or psychotherapist should aim to detect "grave immaturity" and imbalances in the candidates' personality.

*

"Such areas of immaturity would include strong affective dependencies; notable lack of freedom in relations; excessive rigidity of character; lack of loyalty; uncertain sexual identity; deep-seated homosexual tendencies, etc. If this should be the case, the path of formation will have to be interrupted," it said.

*

Further demonstrating the Church's obsession with gay sex is this article from the San Francisco Chronicle concerning a $200,000 contribution by the U.S. Conference of Catholic Bishops in support of "Yes on 8." As usual, rather than clean their own house of those who enabled and/or covered up the sexual abuse of children, the good bishops are sent into near orgasm at the thought of normal gays marrying and living their lives proudly out of the closet. Here are some highlights:

*

Campaign finance records show the U.S. Conference of Catholic Bishops has given $200,000 to back a Nov. 4 ballot initiative that would change the California Constitution to outlaw same-sex marriage. . . The Washington-based conference represents the hierarchy of the Roman Catholic Church in the United States.

*

Along with leaders of the Church of Jesus Christ of Latter-day Saints and evangelical Christians, Catholic clergy and laity have been active participants in the coalition of religious groups working to pass the initiative. Donations totaling $1.4 million have made The Knights of Columbus, a Catholic fraternal organization, the largest institutional donor to the Yes on 8 campaign.

*

And then there's this article from the Los Angeles Daily News which looks in part at the Church's "ex-gay" program's efforts to "cure" gays so they can marry innocent straight women with the pretense that if men marry and have children, then they are "cured." It's utter bull shit, of course - as I know all too well from my own experiences - but then the Church for centuries hasn't cared what happens to women. Better that women enter into doomed marriages and have families fall apart rather than admit that homosexuality is normal and part of God's plan. Here are some highlights:

*

While many Catholics are strictly following the church's strong support of Proposition 8, the controversial ballot measure is causing others to re-examine the church's stance. Most notable among them is the Rev. Geoffrey Farrow, a Fresno priest recently suspended after declaring his support for the No on 8 campaign and disclosing he is gay.

*

The Rev. Maurice Harrigan of Holy Trinity Church near Glendale disagrees with clergy who speak against the Catholic Church's position on Proposition 8. "If Father Farrow is disagreeing with the teachings of the church, then he has no place being a priest," Harrigan said. "If you are contradicting what the church stands for, then don't be part of the church."

*
Harrigan oversees the Los Angeles chapter of the Roman Catholic-based Courage support group, modeled after 12-step recovery programs, for men and women renouncing gay and lesbian lifestyles. If they continue to feel homosexual attraction, members receive help in living celibately.

*

"In some cases, members finish the program and go on and marry members of the opposite sex and have children," Harrigan said. "As for the Yes on Proposition 8 campaign, I do hope membersof the Catholic Church step up and vote."

*

A lot of our pastors have simply chosen not to talk about it," said Farrow, who is considering writing a book about his experiences. "This is not a political issue or a civil-rights issue. It's a human issue. Families are torn apart. I would hope that the hierarchy (within the Catholic Church) looks at this issue. I know many nuns and priests would vote no on the proposition."

*

One of the best things I ever have done is leave the Catholic Church. I think that if I had remain in the Church I'd feel dirty and tainted by the Church's hypocisy and false witness to Christ.

Passage of Proposition 8 Sets Stage to Take Away Rights of Other Minorities

Marriage for same sex couples will add dignity and increased financial and legal security to their lives and benefit them and their families. Whether Christiaists like to admit it or not, many gays DO have children and families and prohibitions against gay marriage harm these children. Does this matter to our opponents? Sadly, no. They do not seek to "protect marriage," but rather to forever keep same sex couples as less than full citizens under the civil laws. Worse yet, the efforts by those who seek passage of Proposition 8 represents an effort to use mob, majority rule to determine who will and will not have legal civil rights. If Proposition 8 passes, then applying the same reasoning of the "Yes on 8" crowd, Blacks, Asians, Mormons - now that their usefulness to Christianists will be over - and other minorities can be stripped of their civil legal rights if a majority of voters can be stirred up and incited against them. This is exactly what was done to the Jews under the Nazi regime.

*

With Proposition 8, we see religious extremists seeking to impose their anti-gay religious views on the civil laws of the State of California (as well as in Florida and Arizona under the initiatives on the ballot in those states) and overturn a ruling of the California Supreme Court. This flies in the face of how government is supposed to work in this country and will set a precedent where an unrestrained majority can subjugate minority groups. The so-called "separation of powers" devised by the framers of the United States Constitution - and emulated in the state constitutions - was designed to do one primary thing: to prevent the majority from ruling with an iron fist and trampling on the rights of minorities. This reasoning was based on the framers' experience under the British monarchy where minorities, be they religious or otherwise, had suffered often at the hands of the majority. Thus the framers deliberately avoided giving any branch of the government too much power.

*

Among the powers given to the the Federal Judiciary are: the power to try federal cases and interpret the laws of the nation in those cases; the power to declare any law or executive act unconstitutional. Under state law, the respective state supreme courts perform a similar function. In In Re Marriage Cases, the California Supreme Court recognized the inherent and unchangeable nature of sexual orientation which justifies treatment of LGBT citizens as a minority. The California Supreme Court then properly held that discrimination against same sex couples was unconstitutional.

*

Proposition 8 is both wrong in terms of seeking to abrogate the proper functioning of the role of the judiciary and in terms of pretending that gays are not a minority who deserve constitutional protections and equal treatment under the civil laws. Worse yet, Proposition 8 is an attempt to impose religious beliefs on other citizens and represents behavior akin to the Taliban and other Islamic extremists.

Christians Against Proposition 8

I posted a few days ago about the need for members of the LGBT community to remember that not all Christians and Christian denominations are our enemies. Some are, if fact, fighting for gay marriage at our sides. Yes, it is often difficult to remember this reality in the face of the hate and intolerance disseminated by Christianist extremists and their Mormon allies who value religious freedom only for themselves and try to stomp on the civil rights of others. In my post, I mentioned that the Santa Clara County Council of Churches had placed a full page ad in the San Jose Mercury NEWS. I extend my thanks to these churches. Any LGBT citizen in that area of California looking for a church home might begin their search at one of these churches. Here is the text of the ad which urged voters to vote "NO" on Proposition 8:

*

As people of faith,
We believe all people are made in the image of God.
We believe in loving, faithful and committed relationships.
We affirm everyone's right to the freedom to marry.
e urge you to...VOTE NO ON PROPOSITION 8! *
Don't eliminate marriage for anyone.
*
Following Jesus' call for justice and compassion, this ad is sponsored by the Council of Churches of Santa Clara County Committee Against Proposition 8 and 23 congregations:
*
Almaden Hills United Methodist Church, San Jose
Alum Rock United Methodist Church, San Jose
Campbell United Church of Christ Council
Campbell United Methodist Church
Celebration Of Faith Church, San Jose
Center for Spiritual Living, San Jose
College Heights United Church of Christ, San Mateo
First Christian Church, San Jose
First Congregational Church of Palo Alto, Peace & Justice Task Force
First Congregational Church of San Jose,
United Church of Christ
First Presbyterian Church of Palo Alto
First United Methodist Church of Palo Alto
First Unitarian Church of San Jose
Grace Baptist Church, San Jose
Holy Redeemer Lutheran Church of San Jose
Metropolitan Community Church of San Jose
Morgan Hill United Methodist Church
New Community of Faith, San Jose (U.C.C. & American Baptist)
St. Jude's Episcopal Church, Social Justice/Outreach Committee,Cupertino
St. Mark’s Episcopal Church, Santa Clara
St. Paul’s United Methodist Church, San Jose
St. Thomas Episcopal Church, Sunnyvale
Stone Church of Willow Glen (Presbyterian), San Jose
Trinity Episcopal Cathedral, San Jose
Unitarian Universalist Church of Palo Alto Board