Court Case: Reflections On A Historic Day......

 

 

When the news broke that we had won the Proposition 8 Court Case in Federal Court for a moment it seemed almost unbelievable. Surely, at long last, the Courts of the United States not only bestowed equality upon the LGBT community but did so with such grace and dignity. Yesterday was a major step, a historic one, for the LGBT community. Yes, we still have far to go and there are many appeals and rulings ahead. However, to understand the full scope of this victory we need to acknowledge how far we have traveled over the last decades.

I will never forget, while in college, my first awareness with the role that the courts would play in my life as a gay man. In the paper was just a minor article that most readers would miss entirely. Being in the closet it might as well have been the front page headline for the impact that it had on so many lives. A judge faced four young men from good families who had taken a baseball bat and beaten to death a gay man coming out of the bar. The judge at the sentencing noted their 'good families' and gave them all probation. In meting out the sentence, this judge praised the young men for performing 'a community service' in dealing directly with such perversion. That article and that injustice never left my mind. Oh, how I wish I could remember the victim's name and honor him here today.

Then I reflect on the hundreds of millions of dollars....yes, hundreds of millions ...that the LGBT community has had to raise over the last decades since the late 1970's fighting ballot measures that enforced our status as second class Americans. In city after city and state after state, this noble and proud community was forced to fight over and over again for our Constitutional rights. In a sense, it became a form of societal terrorism when LGBT Americans saw their neighbors and fellow citizens strip us of the protection of the Constitution. The pain of those election nights was horrific and the campaigns against us were barbaric. Many of the issues of self-hatred among our young and the high suicide rate came from the hateful and bitter rhetoric in those campaigns directed to this community.

Then in 1986, while we were fighting to stay alive and save our friends, the United States Supreme Court ruled in Bowers v. Harwick a decision by a 5 to 4 vote that made the sodomy laws legal. Reinforcing to the nation that the way we made love was against the law and it was entirely correct, if the government chose, to put us in jail. Stunned doesn't even begin to describe our reaction that day over 25 years ago. The decision was a like a knife to our guts.

Of course we must never forget the thousands who fought by our side and were taken too soon by HIV/AIDS and never lived to see this day. The names of two brilliant legal minds come to the fore - Tom Stoddard and Dan Bradley.

Yesterday I was jubilant with our victory in the Federal Court. Our second major court victory on Proposition 8 was given to us and which was led by the incredibly talented team at the American Foundation for Equal Rights and without a doubt the two best lawyers in America, David Bois and Ted Olson. This organization and our lawyers' names should be remembered forever by our community.

So, from the days of a judge praising our deaths, I have reached a point when I can listen to the news and read the reports and hear Federal Judge Stephen Reinhardt say:

“Proposition 8 serves no purpose, and has no effect in California, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples. The Constitution simply does not allow for laws of this sort...'

How sweet it is!

LGBT: The Tale of Two Women

 

 

Reading the blogs over the last week, came across two women who illustrate the 'best of times and the worst of times' for the LGBT community. One woman who bestows pride by the caliber of her position. The other who defines her fame by the level of her hate directed toward the community. Here are the two:

"The Best of Times....":

Shewired.com brought to my attention the story of the charismatic and professional Commander Kelley Fraser. She is the Commander of the West Hollywood Sheriff's station. Those who have lived in West Hollywood over the years know what a major victory this is for the community. In the 1960's this area was unincorporated and run totally by the County of Los Angeles. Raids and unchecked police harassment by the officers back then was not uncommon. She has been in law enforcement for over 25 years and has served as Commander for the last year. Kelley is a source of great pride.

"The Worst of Times...."

In his most recent column Wayne Besen of "Truth Wins Out" called Linda Harvey "The Most Homophobic Woman In America." Harvey, a former executive of Ohio State hospitals and founder of Mission:America, a "Christian pro-family organization" is now an on-air host of a Christian Radio program. When reading Harvey's statement you understand why Besen has bestowed this competitive title upon the strident and fact-challenged Harvey. She supports boycotting LGBT doctors. She speaks often about supporting the Ugandan campaign to severely punish homosexuals in that nation (including the death penalty). This is what she says about LGBT teachers in the schools:

"These teachers then become role models, in-house activists, and possible confidants for students who want to start homosexual behavior. Student molestation becomes a real risk."

Linda Harvey has defined herself by the intensity of her hate while Commander Kelley distinguishes herself by her character and professionalism.

LGBT: Six Good Organizations That Deserve Your Help This Fall

 

 

 

Let's be clear right up front: there are dozens and dozens of deserving organizations for your support and I will highlight many of them over the next year. However, the following organizations are in the middle of extremely important battles and early money and resources could be decisive for their efforts. So here are the six in alphabetical order.

1. American Foundation for Equal Rights (AFER): What has the potential to be one of the most important cases for the LGBT community is floating around the Federal Courts: The final decision (which could be in the United States Supreme Court) to determine the fate of Proposition 8 in California. In addition, this case has served as an amazing educational tool around the nation and especially in the media. People are learning the righteousness of our arguments and the absurdity of our opponents' stance. The legal team lead by David Bois and Ted Olsen deserves our total support. They are having a huge star studded event in New York on September 19 (Monday) with the reading of Dustin Lance Black's "8." Don't miss this special evening and this one is worth flying into Manhattan.

2. Equality Maine (EQME): Love this pro-active approach in going back to the voters of Maine to achieve marriage equality. This organization over the years in Maine has proved effective and deserves our support. Right now they are in the middle of a petition drive to obtain a space on the 2012 ballot. They are attempting to raise $40,000 in the next week and they already have $24,000 of it. Send them a check.

3. Gay and Lesbian Advocates and Defenders (GLAD): Although regional in scope this New England legal rights organization has had national impact. Their work in challenging DOMA has been stellar as has their legal work on a number of fronts. They should not be wanting for any resources so they can continue with their important work.

4. Minnesotans United For All Families: Michele Bachmann's friends have placed on the Minnesota ballot for 2012 a vote on putting into the state constitution an amendment that would forbid marriage equality. We have a reasonable chance of defeating this horrible measure and early money and support is especially crucial in this effort. Make a donation now.

5. Transgender Legal Defense and Educational Fund (TLDEF): No one carries the burden of discrimination and violence against the LGBT community more than our brothers and sisters in the Transgender community. This really well-run and growing organization is in the forefront of taking cases to protect their rights. We only have to look at the reaction against Chaz Bono for Dancing with the Stars to understand the depth of anger that people direct to the "T" in LGBT.

6. National Gay and Lesbian Victory Fund (Victory Fund): This national organization most likely provides more bang for our buck than any other national organization. We have seen the power of having 'our own' in office with the New York marriage equality battle. In addition, this year we could elect our first LGBT United States senator with Tammy Baldwin in Wisconsin. The Victory Fund is key to this effort. They will be having their annual New York City brunch on September 18 with Cheyenne Jackson.

Michael Silverman: It's Time for GENDA

 

 

 
Michael Siverman

It's been a "pinch-me" summer here in New York. I'm amazed watching LGBT friends and acquaintances tying the knot all around me. When I was fresh out of law school in the mid-1990s and worked on one of the early marriage cases, in Hawaii, I don’t think that I then grasped that this actually was achievable. And here we are, having achieved it. Bravo to everyone who has ever stood up and demanded to be treated equally. That's truly how change is made.

Many people in New York are now asking, "What next?" I've got a simple answer: GENDA. It’s the state civil rights legislation that would protect transgender New Yorkers from discrimination. We're in a bizarre place now. As a community, we've achieved the goal that always seemed the most unattainable: marriage equality. But we've leapfrogged right over some pretty basic protections that we still lack. On the one hand, we're all free to marry; on the other, transgender New Yorkers still can be fired from their jobs, thrown out of their homes, or denied services at health care facilities, hotels, restaurants and other places that serve the public.

None of this is to say that we should stop celebrating for even an instant. For transgender New Yorkers as much as lesbian, gay and bisexual New Yorkers, marriage equality brings a raft of benefits. Much like gay men and lesbians, transgender people have been denied the freedom to marry. Happy marriages involving transgender people have been called "void" and rendered legally nonexistent by courts simply because a spouse was transgender. Each voided marriage was a heartbreak for the families involved, and for the community as a whole. The era of marriage equality in New York means this: Transgender people can marry the people they love just like everyone else, regardless of how the government or anyone else may try to define their sex.

Still, it’s difficult to reconcile our newfound freedom to marry with the fact that transgender people lack the freedom to be who they are in so many other spheres of life. You’re not free when coming out at work means you can be fired because of who you are. You’re not free when living your life as who you truly are means that your landlord can evict you from your home. And you’re certainly not free when walking on the streets where you live subjects you to levels of violence that are simply off the charts.

It’s time to change that. GENDA would protect transgender New Yorkers from discrimination in employment, housing and public accommodations. And it would add transgender people to the list of groups protected by New York State’s hate crimes law. It just makes no sense that these basic foundational freedoms and protections are denied to transgender people in, of all places, New York. It’s wrong and it’s more than a little bit embarrassing considering how many other states protect transgender people from discrimination (15 states and D.C.). It detracts from the otherwise great feeling we have as New Yorkers about being out-in-front on civil and human rights issues.

There’s no reason we can’t get GENDA passed in 2012. Let’s put together another grand coalition of state-based and national organizations and show the world that when we focus on our entire community, we can raise everyone up. No LGBT left behind. That should be our mantra in 2012. Let’s do it New York!

Michael Silverman is Executive Director of the Transgender Legal Defense and Education Fund in New York.

DADT: Five Steps To Messing Up A Good Deed

 

 

 

1. First hold a massive bill signing moment beginning the process of ending DADT.

2. Have LGBT people moved, empowered and overwhelmed with emotion as they celebrate their first real legislative victory in Congress.

3. Drag your feet on implementation and refuse to set a public timeline. Allow Secretary Gates to depart without certification of the repeal.

4. Because of unnecessary and unwarranted delays, a Federal Court intervenes in the case. The Pentagon says they can live with the decision.

5. Have your Department of Justice appear the Federal Court Decision asking for a delay in repealing DADT and piss everyone off in the process.

Ken Mosesian: It Takes A Village To Have A Child - And Then Some!

 

 

 
 

So you want to have children? Great! LGBT persons have more options than ever before, such as third-party reproduction, including surrogacy and egg donation, Intra Uterine Insemination (IUI), In Vitro Fertilization (IVF) coupled with sperm donation, and various forms of adoption, including domestic, international and foster care adoption.

We also have more roadblocks, especially inconsistent laws governing all of the above, and the lack of marriage equality, which impacts virtually every aspect of family life that our straight counterparts don’t have to be as concerned about.

Bottom line: before you begin building your family, you need to do some soul-searching about key issues, and you need to build a support team that includes not only family and friends but also seasoned professionals to help you navigate the process.

Here’s the Top 10 List:

1.  What’s important to you? For some, it’s genetics. You want your child to have your DNA, or a biological link to either yourself or your partner. For others, it’s giving a child a stable and loving home. How does your current family figure into this decision? How will you discuss your decision to have children? How will you deal with your child’s origins as he or she grows, and begins asking questions?

2.  If you’re going to be using a sperm donor or an egg donor, do you want to know them or not? How would you feel about your child seeking out his or her egg or sperm donor at some point? What if the donor wanted to establish a relationship with your child?

3.  If surrogacy is your choice, which kind of surrogacy? Traditional surrogacy or a gestational carrier?

4.  Are you considering a family member as a surrogate? This is not uncommon among gay men, where one partner’s close relative, such as a sister, offers to carry the child. Note that in order to protect both your surrogate and your baby, if the woman you are considering has never successfully carried a child to term before, you are advised to not consider this option.

5.  What are the laws governing all forms of third-party reproduction, adoption, and foster care adoption in your state – and in your country and the country from which you are considering adopting? Is marriage or domestic partnership an option? If so, what rights are conferred as they pertain to family? Remember, you need to know the laws as they pertain to LGBT persons specifically. A word of caution if you are considering adoption: legally, all people pursuing adoption are required to have a home study. If you lie about anything at all during this process, including your sexual orientation, any adoption you attempt can be legally invalidated. In order to protect yourself and your future family, you must answer all questions asked of you truthfully during your home study. You do not, however, need to volunteer information that is not asked of you. Your best bet is to work with a gay friendly adoption agency, and accept their recommendation for the social worker that will clear you during this process.

6.  Find the professionals who can best serve you and who are skilled in dealing with issues specific to LGBT persons. These will most likely include a physician – probably a reproductive endocrinologist, attorney, donor and/or surrogacy agency or adoption agency, and a mental health professional.

7.  If you are using a surrogate and multiples result from the transferred embryo(s), what are your feelings about “selective reduction”, which is in essence aborting one or more embryo? Has this been discussed with your surrogate?

8.  If you are a person of faith, what does your faith teach about these issues? Is it important that your faith community and your clergy support you in this process? Will they?

9.  What will happen to your child(ren) if you divorce or separate? What will happen if you and/or your partner or spouse dies or faces catastrophic long-term illness?

10.  What benefits, if any, does your employer provide for new parents, and for children of same sex couples?

It’s a lot of information to consider, but well worth the time.

Ken Mosesian is the Executive Director of The American Fertility Association (The AFA). The AFA www.theafa.org/library has a library filled with articles, fact sheets, and HD videos on LGBT Family Building, Third Party Reproduction, and Adoption. You can also click “Find a Professional” on the homepage www.theafa.org to search for LGBT-friendly providers in your area.

Hundreds Of Thousands Say "Don't Forget Private Manning"

 

 

 

After eight months Private Bradley Manning is still being held in horrendous conditions by the United States military - kept in isolation, forced to be naked and inspected often, allowed few visitors and afforded extremely limited access to the outside world. The injustice against this young man has become a worldwide cause. Organized by Azaaz.org, over a half million people around the world have sent letters to the President urging that he "immediately end the torture, isolation and public humiliation of Bradley Manning.”

In a letter signed by hundreds of leading legal scholars representing almost every single major law school in the United States, they state:

The Administration has provided no evidence that Manning’s treatment reflects a concern for his own safety or that of other inmates. Unless and until it does so, there is only one reasonable inference: this pattern of degrading treatment aims either to deter future whistleblowers, or to force Manning to implicate Wikileaks founder Julian Assange in a conspiracy, or both.

If Manning is guilty of a crime, let him be tried, convicted, and punished according to law. But his treatment must be consistent with the Constitution and the Bill of Rights. There is no excuse for his degrading and inhumane pre-trial punishment. As the State Department’s PJ Crowly put it recently, they are “counterproductive and stupid.” And yet Crowley has now been forced to resign for speaking the plain truth.

The United States refuses to allow the United Nations Rapporteur of Torture Juan Mendez to investigate the allegations. In addition they have turned down all requests from Amnesty International to visit and check on Manning's conditions. Time to end this shameful episode and release Private Manning from isolation and respect his human rights.

The Bravery Of The "GetEQUAL 13"

 

 

 

A legal drama has been unfolding in a DC that has ramifications far beyond the LGBT community. Last November GetEQUAL staged a protest in front of the White House on behalf of full equality for LGBT American citizens. While passionate in their beliefs there really wasn't anything to distinguish the protest from hundreds of others that had expressed their concerns to their government in front of the White House. Personally I have been arrested there three times- once against the invasion of Cambodia in 1970, once for government's failure on AIDS in 1986 and once against Clinton's DADT policy in 1993.

Like everyone else, I was simply arrested, placed in a cell, mug shot taken, finger-printed and posted a low bond. If you didn't show up for a court date you simply lost your bond. The "GetEQUAL 13" had been arraigned before for similar protests and basically similar procedures took place. Even if you didn't bail yourself out or contest the charges you got a slap on the hand and was released. The non violent civil disobedience always was handled by Park Police and in the local DC courts.

Not this time. The impact of new procedures will have a stifling impact on dissent in America. This time they were arrested by Federal Officers and will be tried in Federal Court . They are charge with "violating the orders of a federal law enforcement officer." The "GetEQUAL 13" could spend up to six months in jail. Having occupied space in prison for various amounts of time but never for six months, I can tell you it is a horror that no one wants to endure. These thirteen brave souls deserve enormous praise, support and money for any legal costs.

Without diminishing the impact of their courage, the case has larger impacts. If from now on people petitioning their government in front of the White House are tried in Federal Court and placed in prison it is no small step to suppressing dissent. During the protests no one practiced violence, nor disrupted traffic or placed any individual in the White House in jeopardy. Their crime was to loudly protest through acts of civil disobedience an unjust policy against millions of Americans.

Federal Magistrate John M. Facciola was in shock that the protesters were even in his courtroom and lectured the prosecution about civil rights, dissent and civil liberties. So far the federal prosecutors have not budged. A date of September 19 has been selected for trial. If the federal prosecutors insist on the current charges, all of the "GetEQUAL 13" will fight back and risk six months in prison.

What is at stake is not only the fate of these brave individuals but free speech, the right to dissent and the right to non-violently petition your government with just grievances. They deserve our support and admiration. Here are the 13 brave individuals:

Robin McGehee
Autumn Sandeen
Evelyn Thomas
Mara Boyd
Dan Choi
Miriam Ben-Shalom
Justin Elzie
Dan Fotou
Rob Smith
Father Geoff Farrow
Scott Wooledge
Michael Bedwell
Ian Finkenbinder
Dan Fotou

Impressions.....by David Mixner

 

 

 
 
 -Want to know the difference between the Republican party and Democratic party? Here is a good example: The Denver Post reports that openly gay latino Rick Palacio (photograph) was elected Chairman of the Colorado Democratic party. His family has been in the state six generations and he is pro-union!

-The battle for the right to organize continues in Wisconsin and it has taken an interesting turn. The voters of Wisconsin could face the largest number of candidates being recalled in its history. Eight Democrats and eight Republicans from the State Senate could face voters in recall elections.

-On Wisconsin! According to the Wisconsin Research Institute Poll, President Obama's approval rating has soared to 53% in the Badger State. Union-buster Republican Governor Scott Walker is disliked by 53% of the same voters. Hmmmm.

-Maine's Republican Senator Olympia Snowe (photograph)is in trouble according to Public Policy Polls. Over 67% of Republican primary voters think she should become a Democrat or Independent! This does not bode well for the longtime senator. While Snowe has a very conservative voting record, she did vote for the repeal of DADT.

-Our sympathy goes to Faith In America's Mitchell Gold whose mother Rhoda passed away this week. Our thoughts and love are with him.

-There is a fantastic interview with Ted Olson by Chris Geidner in the latest issue of MetroWeekly in Washington, DC.

-Given "The Donald's" strong anti-LGBT rhectoric recently, wonder if the residents of those apartment/condo buildings that has TRUMP plastered on the front can vote to remove his name from their buildings?

-My good friend Ken Campbell made me aware of OneLiving.org which is a social network and web site for people living with HIV/AIDS. Take a look, it is a wonderful site.

-The journal.ie reports that 75% of Irish Citizens believe in full marriage equality for the LGBT community. Remember when Ireland was the most Catholic country in the world?

-Taegan Goddard's Politcal Wire had a really interesting item about the next New York City mayor's race. Seems as disgraced former New York Governor Eliot Spitzer is considering a run for that office. His entrance would make Congressman Anthony Weiner one unhappy man.

-OutSports.com has a moving story about the long term impact of a young jock who was forced from his high school because he was discovered to be gay. Over the last eight years Greg Congdon (photograph) has struggled deeply with the ramifications of that time in his life. This is a must read.

-The attempts to break Private Manning of Wikileaks fame continue with not only his isolation but now forcing him to go naked for hours upon hours with humiliating inspections while nude. You can keep abreast of the case by clicking here.

-Brigham Young University just suspended its star basketball player, Brandon Davies, because he had consenting sex with his girlfriend. Brigham Young requires its sports stars to be "chaste and virtuous." Wonder how many keep chaste and virtuous through all four years of playing sports? And given the history of the Mormons, does that also mean chaste and virtuous with all those multiple wives allowed in their religious not-so-distant past? Just wondering...

-The Washington Blade is reporting that revenue for national LGBT organizations in 2009 was down by an average 20%.

-Good news for the Whooping Cranes. After reports that several of the endangered birds had been shot comes the news that 283 have been counted in the latest census.

-Our good friend Pam Spaulding's North Carolina has a reputation of being a conservative place. Imagine our surprise that the latest Public Policy Poll revealed that 52% of the Tarheel State's residents support either marriage equality or civil unions.

-Speaking of conservative states, President Obama continues to run 6% ahead of Mitt Romney in the latest polls in Virginia. The President leads Newt Gingrich by 13% and Sarah Palin by 19%. Isn't this a state Republicans must win back in order to win in 2012?

-Winthrop Poll of folks in eleven Southern states about their choice for the Republican nomination had former Arkansas Governor Mike Huckabee at 21.9%. His closet rival was Newt Gingrich at 12.9%. This, though, was before Huckabee's near-deranged ramblings about Natalie Portman's pregnancy and Barack Obama supposed growing up in Kenya.

-Speaker John Boehner must be crying over this one: Congressional Republicans in the House have decided to take legal action on the side of keeping DOMA in place. Just what our nation needs is the focus on marriage equality instead of jobs, education and climate change.

 -These sailors from the United States Navy show us a fun time!

Proposition 8 Court Case: "Lift The Stay"

 

 

 

David Bois and Ted Olson, attorneys to overturn Proposition 8, have asked the U.S. Court of Appeals for the Ninth Circuit to lift the stay in California and allow same-sex couples to get married now. Citing the new delay of allowing the California Supreme Court to decide on standing, they argued that it is important to allow LGBT couples full equality while the issue slowly works its way through the courts.

The U.S. Court of Appeals had originally put a 'stay' on any marriages taking place based on Judge Vaughn Walkers decision. Ted Olson proclaims;

“[T]here there can be no justification for prolonging the suffering of plaintiffs and the tens of thousands of couples like them for an additional year,” attorney Ted Olson wrote in a court filing.

“Having prevailed at trial, having demonstrated that they had a fundamental right to marry, and having shown beyond dispute that Proposition 8 works irreparable harm upon gay and lesbian Californians by denying them that right,” Olson wrote, “it is simply intolerable for this Court to continue to deny them that right and to perpetuate their pain for such a length of time—especially given that this Court itself has recognized that Proponents may well have no right to appeal at all."

With this maneuver, these two attorneys continue to give us hope and excellence. Even with the Justice Departments decision yesterday on DOMA this Proposition 8 case remains one of the great moments in LGBT legal history.