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Just how batpoop crazy David Barton really is

Timothy Kincaid

September 4th, 2015

I mostly ignore Christian “historian” David Barton. His assertions about the founding of the country, its founders, and their intent is almost without exception unfounded. Frequently they are baldfaced lies.

But just as an example of how completely nutcase are his assertions, listen to him tell Glen Beck the difference between a democracy and a republic. I can’t figure out how to post this video, so go listen here.

Sadly, people listen to this and instead of saying, “that’s complete nonsense”, they think he’s telling them some great truth that the media and the liberals are trying to hide from them.

Marriage comes to Rowan County, Kentucky

Timothy Kincaid

September 4th, 2015

Kentucky.com

James Yates and William Smith Jr. paid $35.50 and filled out paperwork early Friday to become the first couple to get a marriage license in Rowan County since the U.S. Supreme Court legalized same-sex marriage June 26. Another couple soon followed.

With Rowan County Clerk Kim Davis in jail on civil contempt charges for defying a judge’s order to resume issuing licenses, deputy clerk Brian Mason ended the office’s two-month license ban by politely serving Yates and Smith on Friday, even congratulating them and shaking their hands afterward.

As for Kim Davis, she sits in jail. Where she will remain, I suppose, until she promises not to interfere in the issuance of marriage licenses by her staff.

After today the cameras will leave. Public services are now being issued in a manner that is equal under the law and daily life will resume in Rowan County.

Mike Huckabee and Brian Brown and others of their ilk will continue to rally and to point and scream, “they’re persecuting Christians” and some small segment of society will stay all worked up over this for a while. But the public has moved on and the professionally butthurt will soon find another ‘victim’ to champion.

And eventually Kim Davis will tire of her cell and decide that since she can’t prohibit gay people from marrying, she might as well stop being a martyr. Once the spotlight is off, jail isn’t much fun. And the small blip in the local press indicating some ‘compromise’ of some sort and Kim’s release will be the last of this story.

Judge to clerk’s office: issue licenses or join Davis in jail

Timothy Kincaid

September 3rd, 2015

The circus isn’t over

ABC7

The judge also told all five of the clerk’s deputies, including her son, Nathan Davis, that they are free to issue licenses to all applicants while Davis is held in contempt, but would also face fines or jail if they refuse to comply. He told them to meet with lawyers briefly and consider their fates before returning to his courtroom later Thursday to reveal their decisions.

It appears that five of the six deputies said they are fine with issuing marriage licenses.

UPDATE:

After deputies indicated willingness to issue licenses, Judge Bunning called Davis back to court. She refused, but spoke through her counsel.

She refused to allow her deputies to perform their duties according to their own values and religious beliefs. Only Davis’ religious freedom matters, not that of her deputies.

Kim Davis jailed

Timothy Kincaid

September 3rd, 2015

Kim DavisNew York Times:

A federal judge here on Thursday ordered a Kentucky clerk jailed for contempt of court because of her refusal to issue marriage licenses to same-sex couples.

The clerk, Kim Davis of Rowan County, was ordered incarcerated after a hearing here before Judge David L. Bunning of Federal District Court. The contempt finding was another legal defeat for Ms. Davis, who has argued that she should not be forced to issue licenses that conflict with her religious beliefs.

“The court cannot condone the willful disobedience of its lawfully issued order,” Judge Bunning said. “If you give people the opportunity to choose which orders they follow, that’s what potentially causes problems.”

Judge Bunning said Ms. Davis would be released once she agreed to comply with his order and issue the marriage licenses.

This is not the result I had hoped for. I was hoping for sanctions, but not jail.

Now Davis will sit in a cell while Mat Staver, her Liberty Counsel attorney, will declare her a martyr. A sizable section of the population will see this as an attack on their faith and the country will again be divided and angry. Politicians love this stuff – division gives power – but it’s not good for the nation’s morale.

Eventually as there is no longer daily news, Davis will fade from attention and will find herself sitting there for no reason whatsoever. And her counsel will be on to the next “victim”.

And in the meantime, still no marriage licenses.

About that liberal Judge who is persecuting poor Kim Davis

Timothy Kincaid

September 2nd, 2015

(not Harry Potter)

Kim Davis is finding that her personal beliefs make it physically impossible for her to perform the task of issuing marriage licenses. And she’s going to court tomorrow to tell Federal Judge David Bunning so.

What she might not be considering is that Judge Bunning also has strong personal beliefs and has already determined whether an individual can find within themself the ability to do things with which they may not fully agree.

Cininatti.com has a profile on Judge Bunning.

David Bunning is the youngest of nine children of Hall-of-Fame pitcher and former [uber-conservative, anti-gay, GOP] U.S. Sen. Jim Bunning and his wife, Mary Bunning. He grew up in Fort Thomas and was nominated by President George W. Bush for federal judge for the eastern district of Kentucky in 2001. The Senate confirmed the nomination in 2002.

Bunning Sr. was narrowly reelected in 2004 by attaching his campaign to Kentucky’s anti-gay marriage amendment. If any family is vested in opposition to same-sex marriage, it is the Bunning family.

But as for Judge Bunning,

“David is an honest person,” his mother Mary Bunning said. “He doesn’t agree with the Supreme Court but has to obey the law.”

Davis contempt defense: it’s impossible to comply

Timothy Kincaid

September 2nd, 2015

Kim Davis simply cannot comply with the orders of Federal Judge Bunning’s order to do her job. She just isn’t physically able to do so. It’s impossible, you see. (Response in Opposition)

Davis should not be held in contempt because she “is presently unable to comply with the court’s order” enjoining her to authorize SSM licenses bearing her name. See Elec. Workers Pension Trust Fund of Local Union #58 v. Gary’s Elec. Serv. Co., 340 F.3d 373, 379 (6th Cir. 2003) (emphasis in original); see also U.S. v. Rylander, 460 U.S. 752, 757 (1983) (“[w]here compliance is impossible, neither the moving party nor the court has any reason to proceed with the civil contempt action.”); Tate v. Frey, 673 F. Supp. 880, 883 (W.D. Ky. 1987) (“The court’s power to impose coercive civil contempt is limited by an individual’s ability to comply with the court’s coercive order. A party may defend against a contempt by showing that his compliance is factually impossible.”) (internal citation omitted). To prove the impossibility defense to contempt, a person “must show categorically and in detail why he or she is unable to comply with the court’s order.” Elec. Workers, 340 F.3d at 379 (citation omitted).

Impossible? How distressing! But what makes it impossible for Davis to comply with the court’s ruling?

Have all the pens run out of ink? Is there a shortage of documents? Did Kim Davis’ arms fall off?

No. Not that kind of “impossible”.

Davis and her legal team may have a different definition of “impossible” than do you, I, Judge Banning and all other rational people. By “impossible”, Davis means “it irreparably and irreversibly violates her conscience”.

She goes on to list several other reasons why she shouldn’t be held in contempt. I don’t find them very convincing. Maybe that’s because she started with an absurdity.

Mike Huckabee on Kim Davis

Timothy Kincaid

September 2nd, 2015

GOP Presidential pretender and Baptist pastor Mike Huckabee has called Rowan County Clerk Kim Davis to offer her prayers and support. He’s also opined on the legality of the situation.

“Because Congress has made no law allowing for same sex marriage, Kim does not have the Constitutional authority to issue a marriage license to homosexual couples,” Mr. Huckabee said.

As they say on So You Think You Can Dance, sorry Mike but your lack of technical training is showing.

Why Kim Davis won’t resign

Timothy Kincaid

September 1st, 2015

Rowan County has about 24,000 residents in about 8,300 households. The median income per household (a blend of single-earner and double-earner) is $35,000. The median income for female workers is around $20,000. The average price of houses sold recently in Rowan County is $95,000.

Kim Davis makes almost $80,000.

Davis issues a statement

Timothy Kincaid

September 1st, 2015

Here is Kim Davis’ explanation as to why she is entitled to thwart the issuance of marriage licenses to same-sex couples in Rowan County, Kentucky.

I have worked in the Rowan County Clerk’s office for 27 years as a Deputy Clerk and was honored to be elected as the Clerk in November 2014, and took office in January 2015. I love my job and the people of Rowan County. I have never lived any place other than Rowan County. Some people have said I should resign, but I have done my job well. This year we are on track to generate a surplus for the county of 1.5 million dollars.

In addition to my desire to serve the people of Rowan County, I owe my life to Jesus Christ who loves me and gave His life for me. Following the death of my godly mother-in-law over four years ago, I went to church to fulfill her dying wish. There I heard a message of grace and forgiveness and surrendered my life to Jesus Christ. I am not perfect. No one is. But I am forgiven and I love my Lord and must be obedient to Him and to the Word of God.

I never imagined a day like this would come, where I would be asked to violate a central teaching of Scripture and of Jesus Himself regarding marriage. To issue a marriage license which conflicts with God’s definition of marriage, with my name affixed to the certificate, would violate my conscience. It is not a light issue for me. It is a Heaven or Hell decision. For me it is a decision of obedience. I have no animosity toward anyone and harbor no ill will. To me this has never been a gay or lesbian issue. It is about marriage and God’s Word. It is a matter of religious liberty, which is protected under the First Amendment, the Kentucky Constitution, and in the Kentucky Religious Freedom Restoration Act. Our history is filled with accommodations for people’s religious freedom and conscience. I want to continue to perform my duties, but I also am requesting what our Founders envisioned – that conscience and religious freedom would be protected. That is all I am asking. I never sought to be in this position, and I would much rather not have been placed in this position. I have received death threats from people who do not know me. I harbor nothing against them. I was elected by the people to serve as the County Clerk. I intend to continue to serve the people of Rowan County, but I cannot violate my conscience.

You see, she has the religious liberty to cause the County to deny civil rights to gay couples. That’s all she’s asking. Why are you so unaccomodating?

After all, our Founders intended that civil servants use their own religion to deny services to those of other beliefs. That’s what the Second Amendment is all about: Congress cannot establish religion; that’s the role of County Clerks.

Kim Davis defies rule of law

Timothy Kincaid

September 1st, 2015

Kim DavisIt appears that at some point over the night, the Creator of the Universe took a few minutes for a very special meeting with Kim Davis, the Clerk of Rowan County, Kentucky. And at that meeting God deputized Davis as Deputy Deity and gave her special duties and powers, among which is the right to determine whose marriage is recognized by the state of Kentucky.

Or so Davis seems to believe. Because this morning when two same-sex couples turned up to get their marriage licenses, they were again turned away. (WaPo)

When Davis emerged, she declared that she was not issuing any licenses.

“Under whose authority?” she was asked.

“Under God’s authority,” she said.

Now, I tend to question the faith of those who jump to claim the authority of God. Surely if you believe that an omnipotent deity sees all you do, you’d hesitate a bit before stepping into His shoes and using His authority to push your will on His other children. The consequences of being wrong are so great.

So too are the consequences of defying a federal judge. (NBC)

Couples who have sued the clerk, Kim Davis of Rowan County, quickly asked a federal judge to hold her in contempt. They sought a fine but not jail time.

The contempt request was filed by the American Civil Liberties Union of Kentucky on behalf of couples, both same-sex and opposite-sex, who sued Davis.

“Since Defendant Davis continues to collect compensation from the Commonwealth for duties she fails to perform,” lawyers wrote, “plaintiffs urge the Court to impose financial penalties sufficiently serious and increasingly onerous to compel Davis’ immediate compliance without further delay.”

A hearing on the contempt case is set for Thursday. I think that Davis will discover there that “My God trumps your legal authority” is a position that judges view askance.

And I think that the request for fines and not jail is a smart one. The imagery of Davis being dragged to jail would feed her martyrdom narrative while levying her salary may serve to incentivize her just as well.

Decision point for Kim Davis

Timothy Kincaid

August 31st, 2015

Kim DavisRowan County Clerk Kim Davis is now out of stalling tactics.

Today the US Supreme Court denied Davis’ request for a stay on Judge Bunning’s ruling. Also today, the most liberal interpretation of Bunning’s stay runs out. Tomorrow Davis will have to decide whether to comply with the orders of the Federal judge or whether she will choose to be in contempt of court. (wkyt.com)

Mat Staver, a lawyer representing Davis, told the Associated Press “she’s going to have to think and pray about her decision overnight.”

Davis’ decision is complicated by a growing pressure on her from several sides. A couple who were denied a licence have requested Rowan County Attorney Cecil Watkins to prosecute Davis for official misconduct. Watkins referred the issue to Attorney General Jack Conway. (courier-journal.com)

The Kentucky attorney general is mulling whether to appoint a special prosecutor to investigate whether she violated the state official misconduct statute when her office refused to issue a license to a Rowan County gay couple.

Official misconduct is a misdemeanor punishable by up to 365 days in jail.

A public servant is guilty of it when, “with intent to deprive another person of a benefit,” he or she refrains “from performing a duty imposed upon by law or clearly inherent in the nature” of his office or “violates any statute or lawfully adopted rule or regulation” relating to it.

The couple has also filed a lawsuit against Davis. And it does not appear that she has the support of the Rowan County Government.

Amidst all of this, Davis continues to misstate her intent. She claims that she does not wish to be forced to issue marriage licenses that contravene her religious beliefs.

That is inaccurate. The task is one easily passed to an assistant.

In truth, Davis wishes to prohibit same-sex couples from receiving marriage licenses in Rowan County Kentucky, in effect forcing the citizens of the county to live how she deems appropriate. She is a petty bureaucrat heady on her own limited authority and determined to use her dollop of power to the greatest extent.

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The Daily Agenda for Friday, September 4

Jim Burroway

September 4th, 2015

TODAY’S AGENDA:
Pride Celebrations This Weekend: Atlanta, GA (Black Pride); Calgary, AB; Duluth, MN; Grimsby, UK; Leicester, UK; Québec City, QC; Reading, UK; Stavanger, Norway.

Other Events This Weekend: Splash Days, Austin, TX; Show-Me State Rodeo, Kansas City, MO; Southern Decadence, New Orleans, LA; Gay Ski Week, Queenstown, NZ; Bears on Ice, Reykjavik, Iceland; Sitges Bears Week, Sitges, Spain.

TODAY’S AGENDA is brought to you by:

From David, May 1972, page 54.

From David, May 1972, page 54.

Photos from the Miss Sweetheart Contest, 1972. (From David, May 1972, page 46.)

Unidentified contestants at the Miss Sweetheart Contest, 1972. (From David, May 1972, page 46.)

According to Wikipedia, Asheville has been well-recognized in several best-of rankings: One of the “Top 25 Small Cities for Art,” one of “20 Great Cities for Writers,” “a New Age Mecca,” “The New Freak Capital of the U.S.,” “The Hippie Capital of the South,” and the “Happiest City in the South.” It wasn’t always that way. Asheville’s downtown area had been in a state of serious decline until the late 1980s. But it has long been one of the gayest cities of the South, in good times and in bad. The Flaming Ember opened as a gay bar sometime in the late 1960s. In 1972,  David,  a Florida-based gay lifestyle magazine, described what was believed to be Asheville’s first drag show:

With the latest craze for female impersonation contests going around, Asheville, North Carolina decided not to be outdone. The FLAMING EMBERS lounge recently held its Miss Sweetheart Contest, 1972. It was Asheville’s first drag show and the ten contestants performed to a standing room only audience. A selection of songs from Purlie won Robbie the title of Miss Sweetheart ’72. First runner up was Lola with her interpretation of the popular Cabaret and Monica walked off with the 2nd runner up position by doing Bridge Over Troubled Water. A special treat of the evening came when Gary Wilson, the owner, did a show-stopping version of Coronet Man.

TODAY IN HISTORY:
Wolfenden Report Recommends Homosexuality “Should Not Be A Crime”: 1957. Home Secretary David Maxwell-Fyfe in 1954 appointed a special fifteen-member committee to examine laws in Britain which criminalized homosexuality and prostitution. The committee came about after the arrest of several well-known men that year for homosexuality, including Lord Montagu (see Oct 20) and Peter Wildeblood (see May 19). Those arrests and trials provoked a national debate over Britain’s “gross indecency” law, which criminalized homosexual behavior between men. (Lesbian relations had never been made illegal.) The committee, chaired by Lord John Wolfenden of Reading University, included theologians, psychiatrists, educators, judges, lawyers, and several other leading figures. The Wolfenden committee, as it became known, was tasked with reviewing the medical, mental health, legal, and moral aspects of homosexuality and prostitution, and to report on their findings and recommendations for legal changes.

On of the chief difficulties the committee ran into was finding gay men who were willing to provide testimony. After all, the committee was, in effect, asking people to incriminate themselves for a crime under the same statute that had famously sent Oscar Wilde to prison for two years at hard labor (see May 25). One of those giving testimony was Peter Wildeblood, who had written one book about his arrest, trial, conviction, the appalling conditions of his imprisonment, and his experience of being spat upon by a “respectable looking, middle-aged, tweedy” woman while out the street. His second book included twelve essays describing various gay people he had come in contact with. Both books, along with his testimony and that of two others, helped to inform the Wolfenden’s report.

And so did a study conducted by a Wolfenden member, Dr. Desmond Curran of the Department of Psychiatry at St. George’s Hospital in London. That study, published in the British Medical Journal (see Apr 6), examined one hundred gay men who were under evaluation and treatment for homosexuality. Curran found that none of them could muster anything more than a “slight alteration” toward heterosexuality — and almost all of those who achieved that minimal accomplishment were classified as bisexual to begin with. Curran also found no evidence that homosexuality was an impairment, but was instead “compatible with subjective well-being and objective efficiency … both practising and non-practising homosexuals were on the whole successful and valuable members of society.”

Lord John Wolfenden

After three long years, the committee finally published its recommendations the 155-page “Report on Homosexual Offences and Prostitution.” Known popularly as the Wolfenden Report, its first run of 5,000 copies sold out within hours of publication. The report recommended wholesale revisions to English and Welsh law with regard to age of consent, penalties for sexual assault, the statute of limitations, and, most critically, on the criminalization of homosexuality itself: that “homosexual behaviour between consenting adults in private should no longer be a criminal offence… The law’s function is to preserve public order and decency, to protect the citizen from what is offensive or injurious, and to provide sufficient safeguards against exploitation and corruption of others… It is not, in our view, the function of the law to intervene in the private life of citizens, or to seek to enforce any particular pattern of behaviour.”

The Report’s recommendations enjoyed wide support, including from the Archbishop of Canterbury, Dr Goeffrey Fisher, who also served on the committee. The Times of London approved the report, as did the Star, which pointed out that “The present laws are out of date and often cruel in their application.” The Manchester Guardian called the Report “A fine piece of work, interleaving sympathy and sternness.” The Daily Mirror also chimed in: “Now Whitewash. No Prudery. And No Hypocrisy,” went the headline. “What they say may shock the sort of people who shut their eyes to the unpleasant facts of life. But it is the truth.” The Economist urged Parliament to take up the Report’s recommendations: “If the Government cannot pluck up courage to bring in legislation of its own (and it ought to), Parliament should at least be given every facility for a free vote on a private member’s bill.”

Other papers weren’t so supportive. The Daily Express asked, “Why did the Government ever sponsor this cumbersome nonsense,” while the Daily Mail called the recommendations “full of danger.” Its editorial warned, “If the law were to tolerate homosexual acts a great barrier against depravity would be swept aside.”

The Government ended up rejecting the Wolfenden Committee’s recommendations, and it would be another decade before Parliament would take up the task of decriminalizing sex between men (see Jul 28).

If you know of something that belongs on the agenda, please send it here. Don’t forget to include the basics: who, what, when, where, and URL (if available).

And feel free to consider this your open thread for the day. What’s happening in your world?

The Daily Agenda for Thursday, September 3

Jim Burroway

September 3rd, 2015

TODAY’S AGENDA:
Pride Celebrations This Weekend: Atlanta, GA (Black Pride); Calgary, AB; Duluth, MN; Grimsby, UK; Leicester, UK; Québec City, QC; Reading, UK; Stavanger, Norway.

Other Events This Weekend: Splash Days, Austin, TX; Show-Me State Rodeo, Kansas City, MO; Southern Decadence, New Orleans, LA; Gay Ski Week, Queenstown, NZ; Bears on Ice, Reykjavik, Iceland; Sitges Bears Week, Sitges, Spain.

 

Michael McConnell and Jack Baker, just after saying "I Do."

Michael McConnell and Jack Baker, just after saying “I Do.”

TODAY IN HISTORY:
The First Same-Sex Marriage in the United States: 1971. Jack Baker (see Mar 10) and Michael McConnell (see May 19) first tried to get a marriage license a year earlier in Minneapolis (see May 18). They were not only denied their license, but Michael McConnell lost his job at the University of Minnesota when news of their application hit the news. Baker and McConnell sued in state court, but that would potentially keep things tied up for years. The pair came up with an alternate solution. In August of 1971, McConnell legally adopted Baker in an arrangement that would allow them at least some of the benefits of marriage (inheritance, medical decision-making, and even reduced tuition for Baker who a student at U.M.), but they were still denied their ultimate goal.

But there was one other crucial thing they got out of that adoption: Jack Baker had a new legal and gender-neutral name, Pat Lyn McConnell. And with that, they went to the Blue Earth County courthouse in Makato, Minnesota and applied for a marriage license. They got it on August 16, 1971. They asked a Methodist minister to perform the wedding, and he agreed. They even went through the lengthy pre-marital counseling that was required for any couple about to marry in the Methodist Church. But one day before the wedding was to take place, the minister got the jitters and backed out.

With little time left, they turned to a friend, Pastor Roger Lynn, who had volunteered with the couple in Minneapolis’s LGBT community center. Lynn immediately agreed, since the Methodist Church had no rules specifically banning same-sex couples from marrying. “The Methodist church has always taken a strong stand on social issues,” he said. “I expected that the progressive side of the church would support me.” Baker and McConnell arranged for a friend who worked at a local TV station to film the ceremony.

Lynn pronounced the couple “husband and husband,” and the two kissed. From then on, as far as they were concerned, they were legally and really married. Once news of the marriage got out, things got rocky. A retired Baptist minister waged an unsuccessful campaign to get Baker expelled from the University of Minnesota’s Law School, saying that Baker was “unfit to enforce the lawå because he is himself an avowed law breaker.” (Gay relationships had been reduced from a felony to a misdemeanor in 1967, but those convicted were still liable for up to one year in jail.) Hennepin County Attorney George M. Scott referred Rev. Lynn’s actions to a Grand Jury in early 1972, but the Grand Jury refused to indict him. He was however fired from his job and formally reprimanded by his presiding Bishop.

In October, the U.S. Supreme Court refused to hear Baker and McConnell’s challenge to Hennepin County’s original 1970 denial of their marriage license. The Court declined to hear Baker v. Nelson “for want of a substantial federal question.” McConnell and Baker however contend that the license they did get from Blue Earth County was perfectly legal and remained in effect, although the I.R.S. didn’t see it that way. They filed joint returns for 1972 and 1973 with no problems. But in 1974, an I.R.S. official rejected their joint returned, changed their status to single and recalculated their taxes for them. By doing so, it meant that they two weren’t liable for the so-called “marriage penalty” and had overpaid their taxes by $309 (nearly $1,500 in today’s money). The couple refused to accept the refund. Baker told a reporter, “We realize that the legal position we take necessarily requires us to pay about $150 each year in taxes as a married couple over and above what would be expected if we filed as singles. However, we also recognize that privileges and responsibilities go hand in hand. Hence, we accept the good with the bad.”

The two are still together, living a quiet, happily married life in Minneapolis.

If you know of something that belongs on the agenda, please send it here. Don’t forget to include the basics: who, what, when, where, and URL (if available).

And feel free to consider this your open thread for the day. What’s happening in your world?

The Daily Agenda for Wednesday, September 2

Jim Burroway

September 2nd, 2015

TODAY’S AGENDA:
Pride Celebrations This Weekend: Atlanta, GA (Black Pride); Calgary, AB; Duluth, MN; Grimsby, UK; Leicester, UK; Québec City, QC; Reading, UK; Stavanger, Norway.

Other Events This Weekend: Splash Days, Austin, TX; Show-Me State Rodeo, Kansas City, MO; Southern Decadence, New Orleans, LA; Gay Ski Week, Queenstown, NZ; Bears on Ice, Reykjavik, Iceland; Sitges Bears Week, Sitges, Spain.

TODAY’S AGENDA is brought to you by:

From The Body Politic (Toronto, ON), May 1982, page 45. (Source.)

From The Body Politic (Toronto, ON), May 1982, page 45. (Source.)

Did anyone think to look in South Beach?

TODAY IN HISTORY:
 “Perverts Vanish” from Miami: 1954. By now, the media-driven anti-gay hysteria gripping Miami for the past month (see Aug 3Aug 11Aug 12Aug 13 (twice that day), Aug 14Aug 15, Aug 16Aug 26, Aug 31, and yesterday) began taking on a Keystone Kops mentality. On August 26, Miami mayor Abe Aronovitz blasted City Manager E.A. Evans and Police Chief Walter Headley — who were both out of town on vacation — for “coddling homosexuals” in the city, and said that he would give Evans just one week rom the time he returns to “clean out certain pervert nests in Miami proper.” Evans returned on August 31 and met with Aronovitz, promising to “put pervert hangouts out of business by tomorrow.” Tomorrow came yesterday, and Evans was forced to clarify that no, they weren’t going to put anyone out of town that day, but that what he was really going to do was meet with Chief Headley to come up with a plan. Headley, for his part, threw up his hands, saying that he was hamstrung by the law. “We can’t put those places out of business unless someone passes a law that it’s illegal to serve homosexuals,” he told a reporter for The Miami News. His detective, Benjamin Palmer, suggested that maybe there was another way to get rid of all the homosexuals. “Practically all of the homosexuals work in Miami. If people wouldn’t hire them, they’d go away.”

That long review of increasingly comical events brings us to today, because it turns out that while Chief Headly didn’t have a new plan up his sleeve, he could at least put into practice the plan they always had: try another round of pointless police checks at known gay bars. They did exactly that later that evening, and on September 2, City Manager Evans claimed success. As The Miami News reported:

Miami’s many perverts have been chased “underground or out of town,” City Manager E.A. Evans declared today. Evants said his edict to the Police Department to harass bar owners catering to these characters had resulted from their disappearance from downtown streets.

“They have just disappeared,” said Evans. “Extra men have been added to police details and a check reveals only a few customers at bars where the homosexuals gather.”

Evans admitted that giving the city’s gay community a week’s notice through public arguments in the newspapers probably tipped them off to the coming raids, but he promised that the patrols weren’t “just for a few days. This is a long range proposition.” Neighboring Miami Beach’s Police Chief Romeo Shepard, who had long taken a much harder line on gay bars and the beaches, reacted to his larger neighbor’s crackdown. “We don’t want Miami’s homosexuals running over here. We’re making special plans to keep them out.”

Miami’s crackdown continued that night, but the results were paltry. The following day, The Miami News reported that four bartenders were arrested for liquor law violations — two for serving minors, one for “serving a drunk,” and one for having a “noisy juke box” — along with a 20-year-old Marine who as found drunk and turned over to military authorities and another man arrested at Bayfront Park. Meanwhile, police complained that they didn’t have enough laws to keep gay people in check. Chief Headley repeated his call for  a new law “forbidding them to congregate or buy drinks.” But they did claim success in one area. Police told The News that “the notorious Moulin Rouge bar, formerly the Singing Bar, was closed down some time ago, and its new operators reportedly plan to reopen the place for ‘normal’ trade.” Other bars cited that night included the Champagne Girl (559 W. Flagler Street, for having a “noisy juke box”), Samba Bar (249 N.E. First Street, for “serving a drunk”) and Vic’s Bar and Restaurant (39 N.E. Second Street, for serving a minor).

Evelyn Hooker

TODAY’S BIRTHDAYS:
 Evelyn Hooker: 1907-1996. Dr. Hooker, the psychologist who is widely credited for establishing that gay people are not inherently mentally ill, knew what it meant to overcome long odds. Born the sixth of nine children in North Platte, Nebraska, she had to overcome uncountable barriers to women in academia and psychology throughout the first half of the 20th century. In 1942 while a teacher at UCLA, one of her students introduced her to other members of the gay community and challenged her to study “people like him” — homosexuals who were neither troubled by their homosexuality and who had none of the features commonly associated with mental illness. Among those she came to know was noted author Christopher Isherwood, who rented a guest house from her. “She never treated us like some strange tribe,” he recalled later, “so we told her things we never told anyone before.” Hooker quickly became convinced that most gay men were socially well-adjusted, quite unlike the homosexuals that had been written about in the scientific literature until then. By 1953 — at the peak of the McCarthy “lavender scare” period — she decided that this could be proven through psychological testing.

For her groundbreaking study, she gathered two groups of men. The first were gay men, many of them members of the local Mattachine Society, and the second were heterosexual men. She administered three sets of psychological tests, and presented the 60 unmarked sets of data to a team of three expert evaluators. The independent evaluators were unable to tell the difference between the members of the two groups. When she presented her paper, “The adjustment of the male overt homosexual“, at the 1956 annual meeting of the American Psychological Association in Chicago (see Aug 30), her results were met with incredulity. It was a well-established orthodoxy in psychology that all gays were mentally ill, and that the disturbances would have been obvious in the test results. But until Hooker’s study was published, there was no scientific data available about non-imprisoned, non-patient homosexuals. For the first time, Hooker’s peer-reviewed study — it would soon appear in the March 1957 edition of the Journal of Projective Techniques and Personality Assessment — would prove that there were well-adjusted, normal and healthy gay men, and lots of them.

Hooker’s research into the subject didn’t end with just that single paper. In 1958, her paper “Male Homosexuality in the Rorschach” challenged whether the Rorschach inkblot test could weed out gays from straights as claimed by its backers. In 1959, she published “What Is A Criterion?”, in which she again reiterated that the three most popular tests then in use for personality assessments were incapable of picking gay men out of a crowd, despite claims to the contrary. She argued that part of the problem was that “we need to get beyond the fact that the individual is homosexual, to the kind of homosexual that he is,” adding:

It will have become evident by this time that I am not greatly disturbed by the fact that projective techniques diagnosing homosexuality are not demonstrably valid means for diagnosing homosexuality. In fact, I am rather encouraged by this because I hope it will force us to re-examine the much over-simplified picture we have had and encourage us to remind ourselves that the first goal of science is understanding, with prediction and control as secondary to it.

Her 1969 paper, “Parental relations and male homosexuality in patient and non-patient samples,” refused the widely accepted claim that parents were the cause of their children’s homosexuality.  That same year, she chaired the National Institute of Mental Health’s Task Force on Homosexuality, which recommended the decriminalization of homosexuality and its removal from the APA’s list of mental disorders. The APA finally acted on that recommendation in 1973, but it would take another thirty years before the U.S. Supreme Court would finally eliminate the remaining sodomy laws across the nation.

In 1991, the American Psychological Association honored Dr. Hooker with its Award for Distinguished Contribution to Psychology in the Public Interest, saying: “Her research, leadership, mentorship, and tireless advocacy for an accurate scientific view of homosexuality for more than three decades has been an outstanding contribution to psychology in the public interest.” She died in 1996.

[Sources: Evelyn Hooker. “The adjustment of the male overt homosexual.” Journal of Projective Techniques and Personality Assessment 21, no. 1 (March 1957): 18-31.

Evelyn Hooker. “What is a criterion?” Journal of Projective Techniques and Personality Assessment 23, no. 3 (September 1959): 278-281.

Evelyn Hooker. “Parental relations and male homosexuality in patient and nonpatient samples.” Journal of Consulting and Clinical Psychology 33, no. 2 (April 1969): 140-142.

Evenly Hooker. “Reflections of a 40-year exploration: A scientific view on homosexuality.” American Psychologist 48, no. 4 (April 1993): 450-453.]

 Billy Preston: 1946-2006. As a three-year-old, little Billy began playing the piano while sitting on his mother’s lap. By age ten, the child prodigy was playing the organ for such noted gospel singers as Mahalia Jackson and James Cleveland (who, it was later revealed, was also gay — which is a different story for another time). At age eleven, he appeared on Nat King Cole’s national TV program singing Fats Domino’s “Blueberry Hill, and at age twelve, he started with Cole in the film St. Louis Blues, playing a younger W.C.Handy. In the 1960s, he became a much sought-after studio musician, playing organ for Sam Cooke, Ray Charles, and the Beatles, whom he had met while performing in Hamburg in 1962.

When Preston joined up with the Fab Four again in 1969, the four weren’t quite so fab. In fact, they were on the verge of breaking up and were struggling to complete Abbey Road and Let It Be. George Harrison brought Preston in, and his gregarious personality and musicianship briefly calmed the tensions in the studio, so much so that John Lennon proposed making Preston an official “Fifth Beatle.” (Paul reportedly countered that it was bad enough with four.) Preston did join the band for its final rooftop concert at Abbey Road studio, and his prominent eclectic piano solo on “Get Back” earned him a credit on the resulting single as “The Beatles with Billy Preston.”

Preston didn’t join the Beatles, but he did join their record label, Apple Corps, which released his 1969 album That’s the Way God Planned It... His 1970 release, Encouraging Words included Eric Clapton and Ringo Starr as guest musicians. After his departure from Apple for A&M, Preston continued his collaboration with George Harrison in The Concert for Bangladesh and toured with Harrison during his 1974 North American tour. Meanwhile, Preston’s start as a solo artist began to shine, with his 1972 instrumental “Outa-Space” winning a Grammy Award for Best Pop Instrumental Performance. That was followed by his number one hits “Will It Go Round In Circles” in 1972 and “Nothing from Nothing” in 1974.

While Preston continued released solo albums throughout his career, his spotlight as a solo artist was relatively short-lived. But his collaborations with other musicians remained strong, including an extended stint with The Rolling Stones for several albums and concert tours through the seventies. Keith Richards, in his recent autobiography Life, recalled, “He was gay at a time when nobody could be openly gay, which added difficulties to his life. Billy could be, most of the time, a bundle of fun. But sometimes he would get on the rag. I had to stop him beating up his boyfriend in an elevator once. Billy, hold it right there or I’ll tear your wig off. He had this ludicrous Afro wig. Meanwhile, he looked perfectly good with the Billy Eckstine look underneath.”

Some of Preston’s difficulties undoubtedly was rooted in his background in Gospel music. While his main success came in secular music, he remained in touch with the Black Gospel world, including playing organ for Donny McClurkin’s self-titled debut album in 1996. That was before McClurkin announced in 2002 that he was gay but had “experienced God’s power to change my lifestyle.” Preston’s remaining foot in Gospel only added to the pressure to remain publicly closeted. As a close friend said, “Billy was gay. He didn’t wear it on his sleeve. How could he? He was a black man that came from the church. The church would have destroyed him. [But] he wasn’t ashamed of who he was.” While Preston keenly felt the need to remain closeted, there is a good reason why he may have felt at home in the Gospel world. He once quipped to a friend in Gospel music that the Black church choir was “the original gay-straight alliance.” Here, Preston plays “How Great Thou Art” at Gospel Celebration 1988:

Preston continued collaborating with other musicians through the remainder of his life. When George Harrison died, Preston played for the 2002 commemorative Concert for George in London. He also collaborated with Johnny Cash for 2002’s American IV: The Man Comes Around and on Ray Charles’s 2004 Genius Loves Company. Preston died in 2006 of complications from malignant hypertension and kidney failure, despite having undergone a kidney transplant in 2002.

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The Daily Agenda for Tuesday, September 1

Jim Burroway

September 1st, 2015

TODAY’S AGENDA is brought to you by:

From The Calendar (San Antonio, TX), August 23, 1985, page 8.

From The Calendar (San Antonio, TX), August 23, 1985, page 8.

TODAY IN HISTORY:
“If People Wouldn’t Hire Them, They’d Go Away”: 1954. Just yesterday, Miami mayor Abe Aronovitz demanded that city manager E.A. Evans and police chief Walter Headley begin an immediate purge of homosexuals in the city (See Aug 31). Aronovitz even went so far as to threaten to fire Evans. Feeling the pressure, Evans promised to “put pervert hangouts out of business by tomorrow.” But there was a hitch: Chief Headley was still out of town on vacation. As Evans told The Miami News, what he really meant to say that he would relay orders to Headley by tomorrow  — tomorrow now being today — to do something. Evans added that he didn’t intend to tell Headley how to do his job. “It’s a police matter,” he told the reporter.

Once Chief Headley got word of what was going on in Miami, he told The Miami News that he was somewhat hamstrung by the law. “We’ll redouble our efforts to harass the perverts,” he said, “but we’ve been working on that. We can’t put those places out of business unless someone passes a law that it’s illegal to serve homosexuals.”

Detective Benjamin Palmer backed his boss: “We go into these places about every night,” he told the reporter. “We make every customer stand up and give his name and address, which certainly doesn’t make them happy. If one of them looks even half drunk we throw him in jail, and charge the bar operator with serving drunks. It doesn’t seem to me there’s much more we can do.”

Palmer did offer one solution though: “Practically all of the homosexuals work in Miami. If people wouldn’t hire them, they’d go away.”

Bill Slimback and Bob Sullivan were married in one of a handful of midnight weddings in Vermont.

Bill Slimback and Bob Sullivan were married in one of a handful of midnight weddings in Vermont.

Vermont’s Marriage Equality Law Goes Into Effect: 2009. In 2000, Vermont made history when it became the first state in the U.S. to recognize same-sex marriages through a civil union law that was signed by Gov. Howard Dean. That first law came about after the Vermont Supreme Court ruled that same-sex couples were entitled to “the same benefits and protections afforded by Vermont law to married opposite-sex couples,” but the court stopped short of requiring the legislature provide marriage equality. Mary Bonauto, one of the lawyers who represented the couples suing the state, found the ruling strange. “They had this beautiful language in there about the humanity of gay people, but I couldn’t believe they had done something that I thought was a political judgment. I had never heard of segregating the word marriage from its rights and protections.”

But for the next three years, civil unions were the best that same-sex couples could expect in the U.S., and Vermont was the only place they could get it until the Massachusetts Supreme Court ordered that state’s legislature to provide same-sex marriages in 2003. For the remainder of the decade, a number of states instituted domestic partnerships, civil unions, and full-on marriages, while Vermont went along with its civil unions. In 2009, the state Senate approved a marriage equality bill in a lopsided 26-4 vote, which drew a veto threat from Gov. Jim Douglas (R). The House approved the bill a week later in a vote that fell just shy of a veto-proof majority. But at least two of the Democratic House members who voted against the bill announced that they would switch their vote if the Governor vetoed the legislation. Douglas vetoed the bill, as promised, and the Senate sailed through its override vote the next day, and the House followed through with the minimum 100-49 vote needed to reach the magic two-thirds mark. When law went into effect on September 1, it became the fifth state to provide marriage equality for same-sex couples, and the first state to do so without being ordered to do so by a court.

TODAY’S BIRTHDAY:
200 YEARS AGO: Emma Stebbins: 1815-1882. If you’ve ever walked past the bronze statute of Horace Mann outside the State House in Boston, or paused to take in the refreshing sight of the Angel of the Waters fountain at Bethesday Terrace in Central Park, you’ve seen some of the more visible works by one of the first notable women sculptors in America. While those bronze works are her most visible, Stebbins’s greatest pleasure came from working with marble or clay, where she could work alone in her studio, undistracted from the hassles of working with patrons, foundries, and the general public. Born to a wealthy New York family, she took up painting and sculpting while in her twenties, and then moved to Rome in 1856 to study with sculptor Harriet Hosner. That relationship quickly ended when both women competed for the affections of the famous actress Charlotte Cushman (see Jul 23), who was also in Italy at the time. Stebbins won, and the two quickly became fixtures in lesbian circles in Europe.

Because women sculptors were something of a novelty, male critics charged that their works were actually products of their students or assistants. Hosner, in particular, came under that charge in 1863. Cushman confided to a friend that the controversy had driven Stemmins “almost wild.”

Marble bust of Charlotte Cushman by Emma Stebbins, 1859.

That she should be classed among those who would be believed to have their work done for them makes her too miserable, and to struggle along without the material help which all sculptors must have has become so entirely a necessity to her that she is assuming labor for which she has neither physical nor mental strength. … I never saw such crucifixion as Emma Stebbins. … because she cannot accept these helps and tries to shuffle on to do all her own work. I sometimes thing she ought not to do it and I should be doing right to take her away and not let her come back to it.

While Cushman worried about Stebbins’s health, it would be Cushman’s illness which would bring a pause to Stebbins’s career. When Cushman was being treated for breast cancer in 1869, Cushman set aside her work to nurse her lover. When Cushman died of pneumonia in 1876, Stebbens stopped working altogether. She later wrote, “I lived with the embodied principle of love so many years that it became a part of being and has grown intensive more and more since it was taken away form me, so much so, that I have an ever-present consciousness that her spirit is still suggesting to me the beautiful principle by which she loved and wrought.” In 1878, Stebbins published Charlotte Cushman: Her Letters and Memoires of Her Life. She died four years later at the age of 67.

[Source: Elizabeth Milroy. “The Public Career of Emma Stebbins: Work in Marble.” Archives of American Art Journal 33, no 3 (Fall 1993): 2-12.]

Baron Adolf de Meyer: 1868-1949. Hr was born in Paris and raised in Dresden, the son of a German Jewish father and a Scottish mother. Whether de Meyer was actually a baron was open to question; some say he inherited the title from his grandfather, others say that there’s no evidence to support his noble claims, others still maintained that he obtained his title by marrying, for convenience’s sake, Donna Olga Caracciolo, the divorced Italian god-daughter (some say daughter) of Edward VII. Regardless, wherever the elite could be found, he was there, photographing such celebrities as Mari Pickford, John Barrymore, Lillian Gish, Vaslav Nijinsky, King George V and Queen Mary. He was named the first official fashion photographer for American Vogue in 1913 after a appearing in Alfred Stieglitz’s quarterly Camera Work. In 1922, de Meyer became Harper’s Bazaar’s chief photographer in Paris until 1938, when he returned to the U.S. as war loomed in Europe. But upon returning to the U.S., his style was considered passé. By the time de Meyer died in Los Angeles in 1949, he was remembered more for his famous friends than for his photography, as relatively few of his original prints survived the war.

 Lily Tomlin: 1939. She began her comedy career as a stand-up comedian in the 1960s when she quickly landed a spot on NBC’s Laugh-In. Her many memorable characters quickly became the stuff of pop culture: Ernestine, the nasal, nosy, and obnoxious telephone operator who epitomized the bureaucratic condescension of the old Ma Bell monopoly (“We don’t care, we don’t have to…we’re the phone company.”); Edith Ann, the five year old girl sitting in an oversized rocker with her observations of the crazy crap the adults around her were pulling (and always ending her monologues with “…and that’s the truth. Phhhht!”); And Mrs. Judith Beasley, the prim and proper “tasteful lady.” In 1977, she became the first woman to appear solo on Broadway with Appearing Nitely, and in 1985, she starred in another one-woman Broadway show, The Search For Signs of Intelligent Life in the Universe, written by her long-time partner, writer-producer Jane Wagner. In 1980, Tomlin appeared in the hit movie Nine to Five, with Jane Fonda, Dolly Parton, and Dabney Coleman, and she hit movie pay dirt again in All of Me with Steve Martin.

Tomlin and Wagner have been together since 1971, and while their relationship was never much of a secret, the press remained pretty mum. When Tomlin officially came out in 2001, it hardly seemed necessary. “Everybody in the industry was certainly aware of my sexuality and of Jane… In interviews I always reference Jane and talk about Jane, but they don’t always write about it.” After the upreme Court struck down the Defense of Marriage Act and reversed California’s Prop 8 in 2013, she and Wagner are thinking about tying the knot. “You don’t really need to get married, but marriage is awfully nice,” Tomlin said. Indeed, it is. They married on New Year’s Eve of that year. Her latest film, Grandma, is in theaters now

Babydaddy

Babydaddy: 1976. The future guitarist, keyboardist and backing vocalist for Scissor Sisters was just Scott Hoffman when he graduated from Henry Clay High School in Lexington, Kentucky. Trough a mutual friend, Hoffman met Jake Sellards while Sellards was passing through visiting a former classmate. Hoffman and Shears hit it off and they moved to New York a year later. Hoffman attended Columbia University to study writing and music production, specializing in dance music. He and Sellards took stage names — Babydaddy and Jake Shears respectively — and became the first two members of Dead Lesbian, then Fibrillating Scissor Sisters, then just Scissor Sisters.

Babydaddy is the multi-instrumentalist of the group, playing keyboards, bass and rhythm guitar, banjo and saxophone. He’s not only the bear of the band, but he and Shears are the main lyricists. They also wrote “I Believe in You” and “White Diamond” for Kylie Minogue. In 2012, Scissor Sisters released their latest album, Magic Hour and went on a world tour. In October of 2012 at a gig in North London, the Sisters announced that they would be taking an indefinite hiatus.

If you know of something that belongs on the agenda, please send it here. Don’t forget to include the basics: who, what, when, where, and URL (if available).

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