Box Turtle Bulletin

Judge Jerry Buchmeyer (1933-2009)

The Dallas Voice is reporting that Federal district court Judge Jerry Buchmeyer has passed away. Judge Buchmeyer declared Texas’ anti-sodomy law unconstitutional in 1982, writing, “Homosexuals are not ill or mentally diseased… Homosexuality is not communicable… There is simply no rational connection between the acts proscribed by [the law] and the claimed interests of morality, decency, health, welfare, safety and procreation.” Judge Buchmeyer\’s ruling in Baker v. Wade was later overturned by the Fifth Circuit Court of Appeals. Texas’s anti-sodomy law remained on the books until 2003, when the U.S. Supreme Court overturned it in Lawrence v. Texas, a ruling that also swept away all other remaining anti-sodomy laws nationwide.

One of may notable points in Baker v. Wade is that Judge Buchmeyer had to deal with Paul Cameron, who was just starting out in his career as an “expert witness” on homosexuality. Let’s just say Judge Buchmeyer wasn’t impressed with Cameron’s professionalism. In his written opinion, Judge Buchmeyer condemned Cameron by name for having “himself made misrepresentations to this Court,” and called out two specific examples:

(i) his sworn statement that “homosexuals are approximately 43 times more apt to commit crimes than is the general population” is a total distortion of the Kinsey data upon which he relies–which, as is obvious to anyone who reads the report, concerns data from a non-representative sample of delinquent homosexuals (and Dr. Cameron compares this group to college and non-college heterosexuals);

(ii) his sworn statement that “homosexuals abuse children at a proportionately greater incident than do heterosexuals” is based upon the same distorted data–and, the Court notes, is directly contrary to other evidence presented at trial besides the testimony of Dr. Simon and Dr. Marmour. (553 F. Supp. 1121 at 1130 n.18.) n30

We have more details on those distortions here. Judge Buchmeyer’s smackdown stung Cameron, who is still complaining about it on his Family Research Institute web site nearly thirty years later.

Judge Buchmeyer was nominated by President Jimmy Carter as federal judge for the Northern District of Texas on August 3, 1979. He was confirmed by the U.S. Senate on October 4, and received his commission on October 5, 1979. He served as chief judge from 1995 until his retirement in 2002. According to Wikipedia, he was known around the courthouse as a Talking Heads fan, and after retirement he maintained a legal humor blog with the Texas Bar.

Iowans Not Calling for Anti-Gay Amendment

The Des Moines Register released their Iowa Poll. And while it suggests that the Supreme Court’s decision to allow same-sex marriage isn’t particularly popular, it really hasn’t riled up the Iowans.

The poll shows that 26 percent of Iowans favor April’s unanimous court ruling legalizing same-sex marriage, 43 percent oppose it and 31 percent don’t care much or are not sure.

But even though a plurality opposes the decision, few others seem interested in changing the constitution to disallow marriage.

Iowans are almost evenly divided about whether they would vote for or against a constitutional amendment to end marriage for same-sex couples, according to The Des Moines Register’s new Iowa Poll.

Forty-one percent say they would vote for a ban, and 40 percent say they would vote to continue gay marriage. The rest either would not vote or say they are not sure.

But the anti-gays activists have a cause to rally around. And we can fully expect that they will seek to make marriage a central focus in gubernatorial, representative, and court campaigns. This might not, however, be a wise decision.

Sixty-three percent say candidates’ stands on other issues will be more important in making their decisions in the 2010 elections.
…
Few poll respondents who described themselves as Republicans say the court decision is the single most important issue in the 2010 elections. But more than a third of Republicans say it is among several important issues, while only about a quarter of Democrats put it in that category.

Former state Republican Chairman Mike Mahaffey said the poll shows that, as the party searches for a winning message, the economy trumps marriage among voters.

“I think all of the candidates are going to state that they believe the people ought to be given the right to vote on a constitutional amendment. That’s a reasonable approach,” Mahaffey said. “I also think when it comes down to it, the overriding issues are going to be what can we do to create jobs and put ourselves in a better position fiscally.”

Prejean’s “Bigger Crown” Still a Crowd Pleaser

Carrie Prejean, former Miss California, was at hand to rally the troops at the far-right Values Voter Summit this weekend. She really should be thankful that the Miss California Pageant removed her from her position, because there’s no way that an organization that seeks to appeal to pageant viewers would ever let a reigning representative get anywhere near that collection of extremist partisans.

Ready with a quick tear, Prejean told how she went from a sure thing winner (though the points were not going her way) to being a big loser. Although it appeared to those living outside her head that she was prattling on incoherently about “opposite marriage”, on the inside she was seeing visions from God.

“As I saw my goals and aspirations flash by me, I knew God had a plan for me… God chose me for that moment. He knew I was strong enough to get through all the junk that I have been through.”

My recollection of the events suggests that this “plan” wasn’t all that evident right away. It didn’t exactly materialize until Maggie Gallagher got Carrie in her grip. But perhaps it’s true; Carrie’s thought process has always proven elusive.

And then, victim that she is, Prejean whipped out her catch phrase, one that was sure to appeal to biblical literalists who can’t wait to be royalty in heaven (though they are not really very specific about who gets to be peasants and serfs).

“Even though I didn\’t win the crown that night,” said Prejean, tearing up, “I know the Lord has so much of a bigger crown in heaven for me.”

And who am I to tell her she’s wrong. After all, the Lord did have much bigger boobs for her down at her plastic surgeon’s.

Australia’s Capital to Vote For Civil Unions… Again

Like the United States, Australia’s federal legislators meet to decide laws within a community far more pro-gay than they are. Twice before the Australian Capital Territory (ACT) has voted for local legally-binding ceremonies of civil unions and twice before the federal government has reversed their decision.

So, yet again, they are passing legislation. (Sydney Morning Herald)

The ACT Legislative Assembly is set to pass laws which will allow for legally-binding “civil union” ceremonies for same-sex couples.

The ACT Greens have draft laws on the table which would allow the ceremonies to take place.

On Monday, ACT Labor – which leads the minority government – voted unanimously to support the bill in a caucus meeting. That means the bill will pass the Assembly easily.

Although ACT Labor is supportive of recognition of same-sex couples on par with heterosexuals, the national party is committed to minimal recognition, supporting only specific rights shared by unmarried de facto partners and perhaps a registry – which does not allow for ceremony or provide equality – but are dragging their feet on even that.

It is unlikely that the ACT will be allowed to treat its gay citizens with dignity. But such efforts on the part of the local government serve well to illustrate hypocrisies and lack of commitment and continue pressure on those within Labor who like to envision themselves as champions of the disenfranchised.

Hello?

The rapture is today. Anybody still here?

Voter Values Summit: All Porn Is Gay Porn

That pearl of wisdom came from Michael Schwartz, chief of staff for Sen. Tom Coburn (R-OK). He and two others held a workshop on “The New Masculinity” at this weekend’s Voter Values Summit in Washington, D.C. Schwartz claims that his ex-gay friend revealed the true secret of how homosexuality is “inflicted on people”:

SCHWARTZ: (4:33) And one of the things that he said to me, that I think is an astonishingly insightful remark. He said, “all pornography is homosexual pornography because all pornography turns your sexual drive inwards. Now think about that. And if you, if you tell an 11-year-old boy about that, do you think he\’s going to want to go out and get a copy of Playboy? I\’m pretty sure he\’ll lose interest. That\’s the last thing he wants.” You know, that\’s a, that\’s a good comment. It\’s a good point and it\’s a good thing to teach young people.

… (5:28) But all pornography is homosexual pornography because all pornography turns your sexual drive inwards. And that in fact is what it does. I know couples now who are struggling with the husband’s addiction to pornography. It’s a terrible thing, and that is what happened to him. You know, if it doesn’t turn you homosexual, it at least renders you less capable of loving your wife.

I don’t know what’s crazier: the notion that “Debbie Does Dallas” or “Deep Throat” are gay movies, or where he ends this clip. If being “less capable of loving your wife” is along some sort of scale where loving your wife is on one end and being gay is the other, then isn’t everyone who divorces somehow more gay and less straight? Is Newt Gingrich (two divorces) gayer than Bill Clinton (still on wife #1)? Help me out here. heterosexual “logic” hurts my brain.

[via Think Progress]

Sunday Driver: Business or Pleasure?

Entrance to the Holy Ghost Recreation Area, Pueblo Jemez Indian Reservation, NM.

So where have I been?

Posting has been sparse here on BTB lately, and that’s partly my fault. I’ve been on travel for work, and our latest project has been sending me to a plant on the Navajo Indian Reservation in the Four-Corners area of New Mexico. The project will likely continue for the next three weeks or so, then things should return to normal around here.

I enjoy traveling for work though, even if I can’t get out and see much of anything beside the hotel, the plant site, or a restaurant that looks like every other restaurant in the country. Not everywhere is exotic or endlessly fascinating, but everywhere is somebody’s home. And getting to know somebody’s home is always an interesting opening. The Navajo are a reserved people, but that doesn’t lessen their friendliness or their gentle, good-natured ribbing. It’s fun to work when your co-workers are eager for a good laugh despite the pressure of looming deadlines and technical challenges.

Along US Rt. 550, on the way to Four Corners

One of these days I’ll stop alongside some of the roads and take some pictures. It’s a beautiful drive between work and the hotel. Four-corners is amazing — Shiprock, Aztec, Mesa Verde, Thoreau, Farmington… I hope someday soon to have the time to tell you all about it.

This Is What Biblical Marriage Looks Like

Something for the voters of Maine and Washington to consider, and for everyone else who wants to stand up for “Biblical Marriage“:

If a man takes a wife and, after lying with her, dislikes her and slanders her and gives her a bad name, saying, “I married this woman, but when I approached her, I did not find proof of her virginity,” then the girl’s father and mother shall bring proof that she was a virgin to the town elders at the gate. The girl’s father will say to the elders, “I gave my daughter in marriage to this man, but he dislikes her. Now he has slandered her and said, ‘I did not find your daughter to be a virgin.’ But here is the proof of my daughter’s virginity.” Then her parents shall display the cloth before the elders of the town, and the elders shall take the man and punish him. They shall fine him a hundred shekels of silver and give them to the girl’s father, because this man has given an Israelite virgin a bad name. She shall continue to be his wife; he must not divorce her as long as he lives.

If, however, the charge is true and no proof of the girl’s virginity can be found, she shall be brought to the door of her father’s house and there the men of her town shall stone her to death. She has done a disgraceful thing in Israel by being promiscuous while still in her father’s house. You must purge the evil from among you.

The Family “Research” Council’s Parallel Universe

The Family “Research” Council has just sent out an action alert, trying to get folks to sign up for a live webcast of the “Values Voter Summit” beginning tomorrow. They promise an exciting lineup of speakers. See if you can spot the error:

This webcast will feature our stellar lineup of speakers, including:

• House Speaker John Boehner
• Former Governor Mitt Romney (Mass.)
• Former Governor Mike Huckabee (Ark.)
• Governor Rick Perry (Texas)
• Governor Tim Pawlenty (Minn.)
• Senator Mitch McConnell
• Rep. Eric Cantor
• Rep. Mike Pence
• Former Miss California Carrie Prejean
• Best-selling author, Joel Rosenberg
• Star Parker
• Phyllis Schlafly

Atlanta Eagle Raid Cops: “More Fun Than Raiding N***ers With Crack”

Many police departments have someone designated as a liaison to the LGBT community. For many departments, these liasons are respected and valued officers who serve an important role in the department’s dealings with the LGBT community. For other departments, the position is nothing but window-dressing. In Atlanta, where the LGBT liaison was kept out of the loop during the raid — and didn’t even have basic information about what happened late the following afternoon, it’s increasingly clear that the Atlanta Police Department views its liaison as nothing but a prop.

More evidence has piled up now that the Atlanta Police have released nine complaints against police officers who raided the Atlanta Eagle last week. None of the bars patrons were arrested or charged with anything, but all of them were subjected to some pretty vile treatment. Here are some exerpts from those complaints obtained by Southern Voice:

One man said officers grabbed patrons who didn’t immediately lie down by the neck and forced them to the ground. The man said he was kicked in the ribs while lying down. “Then I heard laughing and giggling and saying this is more fun than raiding niggers with crack. … He also reported that one officer “said to everyone in general that all you all do is flash your asses and show your cocks.”

The raid extended beyond the club itself and into a private apartment above the Eagle:

An employee who lives in an apartment over the Eagle, who said he was not working that night, said someone started pounding on his door. He opened the door to two cops who asked if anyone was having sex there. They asked why there was a bed and he said it was because he lives there. He was made to come downstairs and was arrested with the other employees. He recalled hearing comments like “You people are despicable.”

The Southern Voice has more. That’s one classy department the Atlanta police chief is running — and a racist one too.

Ohio House Passes Non-Discrimination Bill

Five years after Ohio voters passed one of the most draconian anti-marriage constitutional amendments in the nation, the Ohio House of Representatives passed the Equal Housing and Employment Act by a vote of 56-38. Four Republicans voted for the measure, and no Democrats voted against (one did not vote however). This fully inclusive bill marks the first time a pro-LGBT bill has passed either house of the General Assembly.  The Senate is firmly in Republican hands, making the bill’s prognosis uncertain.

Buju Banton Salt Lake City Concert Cancelled

Buju Banton’s October 8 concert scheduled for the Urban Lounge in Salt Lake City has been cancelled. Club operators say they were unaware of his murder music lyrics when they booked him.

Draft Anti-Gay Bill Circulating In Uganda

Uganda appears to be inching closer to “strengthening” its already draconian anti-gay laws which already provide for a possible life sentence for those convicted of homosexuality. A draft of the proposed bill obtained by Box Turtle Bulletin indicates that Ugandan lawmakers intend to go much further.

In a draft dated April 20, 2009 and being circulated surreptitiously, the proposed bill creates an offense of “aggravated homosexuality” and provides for the death penalty under specific circumstances. It also provides for at least five years imprisonment (and no apparent maximum) for advocating on behalf of LGBT people. This extends not just to activists and organizations, but to individuals as well, including bloggers or anyone else using the internet or mobile phones — as well as anyone who makes a donation or offers a safe refuge for LGBT people. Furthermore, if anyone is “aware of the commission of any offense under this Act” and fails to report it to the police, they will be liable of up to six months imprisonment.

The draft also extends jurisdiction to people who are Uganda citizens or permanent residents but who commit offenses outside the country.  This could mean that LGBT Ugandans abroad who engage in advocacy work could find themselves in danger of being imprisoned should they return to Uganda. LGBT Ugandans fleeing the country could also face extradition should they find themselves in a similarly hostile country.

The accompanying memorandum calls on the Uganda government to withdraw from any international obligations or treaties which the government interprets as running counter to the country’s anti-gay policies.

It is unclear at this time whether the proposed bill has undergone any modifications since April. There is no word yet on when the bill will be formally introduced into Parliament. It is believed that under current conditions when accusations of homosexuality have become a potent political tool, that few if any lawmakers will vote against the bill. It will be passed into law upon its third reading.

This drafting of this bill appears to have coincided with intense lobbying efforts by anti-gay activists following a conference held in Kampala which featured American Holocaust revisionist Scott Lively and Exodus International board member Don Schmierer. Exodus International released a statement “appauding” Don Schierer’s participation in the conference which ended with calls to strengthen Uganda’s homosexuality laws with a proposal to force LGBT people into ex-gay therapy upon conviction. That proposal does not appear in this draft.

That anti-gay conference quickly spawned other anti-gay meetings and rallies, including a march on Parliament on April 24, about the time this draft was written. By then, rumors were already circulating that anti-gay politicians sought to criminalize LGBT advocacy, which this draft appears to confirm. In July, Uganda’s Minister of State for Ethics and Integrity James Nsaba Buturo confirmed their intention to eliminate free speech for and on behalf of LGBT people. Meanwhile, a full-fledged public vigilante campaign was released on Uganda’s gay community, leading to several reports of arrests and reports.

The following is the full text of the draft that we received.

APRIL 20, 2009

THE ANTI – HOMOSEXUALITY BILL,   2009

 MEMORANDUM

1. The Principle

 The object of this Bill is to establish a comprehensive legislation to protect the traditional family by prohibiting (i) any form of sexual relations between people of the same sex; and (ii) the promotion or recognition of such sexual relations in public institutions as healthy, normal or an acceptable lifestyle, including in the public schools, through or with the support of any government entity in Uganda or any non- governmental organization inside or outside the country.  Research indicates that the  homosexuality has a variety of negative consequences including higher incidences of violence, sexually transmitted diseases, and use of drugs.  The higher incidence of separation and break-up in homosexual relationships also creates a highly unstable environment for children raised by homosexuals through adoption or otherwise, and can have profound psychological consequences on those children.  In addition, the promotion of homosexual behavior undermines our traditional family values.

Given Uganda\’s historical, legal, cultural and religious values which maintain that the family, based on marriage between a man and a woman is the basic unit of society. This Bill aims at strengthening the nation\’s capacity to deal with emerging internal and external threats to the traditional heterosexual family.  These threats include: redefining human rights to elevate homosexual and transgender behavior as legally protected categories of people.    

This legislation is aimed at halting the advance of the “sexual rights” agenda, which seeks to establish additional legally protected classes based on sexual preferences and behaviors, as well as claims that people have rights based on these preferences and behaviors.  Sexual rights activists have created new euphemisms to promote this agenda such as “sexual orientation,” “gender identity,” “sexual minorities” and “sexual rights.”

This legislation further recognizes the fact that same sex attraction is not an innate and immutable characteristic and that people who experience this mental disorder can and have changed to a heterosexual orientation.  It also recognizes that because homosexuals are not born that way, but develop this disorder based on experiences and environmental conditions, it is preventable, especially among young people who are most vulnerable to recruitment into the homosexual lifestyle.

The Republic of Uganda needs comprehensive and enhanced legislation to protect our cultural, legal, religious, and traditional family values against the attempts of sexual rights activists seeking to impose their values of sexual promiscuity on Uganda.

There is also need to protect our children and youths who are made vulnerable to sexual abuse and deviation as a result of cultural changes, uncensored information technologies, parentless child developmental settings and increasing attempts by homosexuals to raise children in homosexual relationships through adoption, foster care, or otherwise. 

2. Defects in the existing law.

This legislation is designed to fill the gaps in the provisions of the constitution of Uganda and the penal code Act by establishing that, in Uganda, marriage is only between a man and a woman and that no other sexual unions or relationships will be recognized by the government. 

The Penal Code Act (Cap 20) does not directly address this issue of homosexuality. It instead talks about unnatural offenses under section 145. This section does not specifically talk about homosexuality as an offense. It does not even have any reference to homosexuality. Not surprisingly the Act does not have a definition for homosexuality in the definition section.

The Penal Code Act does not explicitly address the issue of same sex unions and gender identity disorders which are damaging the social fabric of our nation at an alarming rate. There are no provisions in the Penal Code Act panelizing the procurement, promotion, disseminating literature and other forms of report for the offenses of homosexuality hence the need for legislation to provide for charging, investigating, prosecuting, convicting and sentencing of offenders   on the above law. There is need for equal treatment of man and woman before the law in regard to homosexual offenses.

This legislation comes to complement and supplement the provisions of the Constitution of Uganda and the Penal Code Act by   not only criminalizing same sex marriages but same -sex sexual acts and other related acts.

3.1. The objectives of the Bill 

The objectives of the Bill are:

(a) To protect marriage as that only between a man and a woman in Uganda;

(b) To prohibit homosexual behavior and related practices in Uganda as they constitute a threat to the traditional family; 

(c) To safeguard the health of Ugandan citizens from the negative effects of homosexuality and related practices;

(d) To establish progressive legislation protective of the traditional family that can serve as a model for other countries;

(e) To prohibit ratification of any international treaties, conventions, protocols and declarations which are contrary or inconsistent with the provisions of this Act;  

(f) To ensure that no international instruments to which Uganda is already a party can be interpreted or applied in Uganda in a way that was never intended at the time the document was created; 

(e) To withdraw from any international agreements to which Uganda already is a party, or file reservations to them, which are re-interpreted to include protection for homosexual behavior, or that promote same-sex marriage, or that call for the promotion or teaching about homosexuality as being healthy, normal, or an acceptable lifestyle choice, or that seek to establish sexual behavior, sexual orientation, or gender identity, or sexual minorities as legally protected categories of people; and

(f) To prohibit Uganda from becoming a party to any new international instruments that expressly include protection for homosexual behavior; promote same-sex marriage; call for the promotion or teaching about homosexuality or homosexual relations as being healthy, normal, or an acceptable lifestyle choice; and/or seek to establish sexual behavior, sexual orientation, gender identity or sexual minorities as legally protected categories of people

3.2. Part 1 of the Bill incorporating clauses 1 and 2 provides for Preliminary matters relating to commencement and Interpretation of the words and phrases used in the Bill

3.3. Part II of the Bill incorporating clause 3 to clause 6 prohibits homosexuality and related practices by introducing the offences of engaging in homosexuality, and the penalties of imprisonment upon conviction. This part also creates offences and penalties for acts that promote homosexuality, failure to report the offence and impose a duty on the Community to report Suspected Cases of homosexuality.

3.4. Part III of the Bill incorporating of clause 7 to clauses 9 provides for the jurisdiction of Ugandan Courts in Case of Homosexuality, including extra territorial Jurisdiction.

3.5. Part IV of the Bill incorporating clauses 10 and 11 provides for miscellaneous provisions on International Treaties, Protocols, Declarations and Conventions and the Minister to make regulations to give effect to the Act.

4. Schedule 1 of the Bill gives the value of the currency.

Hon. David Bahati
MP, Ndorwa County West
Kabale

ARRANGEMENT OF CLAUSES 

PART I ­-PRELIMINARY

Clause.

1. Commencement
2. Interpretation

PART II – PROHIBITION OF HOMOSEXUALITY

3. Offence of Homosexuality
4. Aggravated Homosexuality
5. Promoting Homosexuality
6. Failure to report  offence

PART III – JURISDICTION

7. Jurisdiction
8. Extra – territorial Jurisdiction
9. Extradition

PARTIV – MISCELLANEOUS PROVISIONS

10. International treaties
11.  Regulations

 Schedule 1

Currency point.

PART I – PRELIMINARY

1 – Commencement

This Act shall come into force upon publication in the Gazette.

2 – Interpretation

In this Act, unless the Context otherwise requires –

“Gender” means male or female;

“Homosexuality” means same gender or same sex sexual acts;

“Homosexual” means a person who engages or attempts to engage in same gender sexual activity.

“Minister” means the Minister responsible for Ethics and Integrity.

 “Sexual act” means –

(a)  Stimulation or penetration of a vagina or mouth or anus or any part of the body, however slight of any person by a sexual organ;

(b)  The use of any object or organ by a person on another person\’s sexual organ or anus or mouth;

“Sexual organ” means-a vagina or penis.

 
PART II:  PROHIBITION OF HOMOSEXUALITY AND RELATED PRACTICES

3. Prohibition of homosexuality

(1)  Homosexuality is prohibited.

(2)  Any person who engages in homosexuality contrary to sub-section (1) commits an offense and on conviction is liable to a fine not exceeding 500 currency points or imprisonment not exceeding 10 years or both.

4. Aggravated homosexuality

(1)  Any person who commits the offense mentioned in section 3 above with another person who is below the age of 18 years in any of the circumstances specified in sub-section (2) of this section commits the  offense and on conviction is liable to suffer death.

(2)  The circumstances referred to in sub-section (1) are as follows: –

(a)   Where the person against whom the offense is committed is below the age of 14;

(b)   Where the offender is infected with HIV;

(c)  Where the offender is a parent or guardian or a person in authority over, the person against whom the offense is committed;

(d)  Where the victim of the offense is a person with disability; or

(e)  Where the offender is a serial offender.

(3)  Any person who attempts to commit the offense of homosexuality with another person below 18 years in any of the circumstances specifies in sub-section (2), commits an offense and is liable on conviction to imprisonment for life.

(4)  Where a person is charged with the offense under this section, that person shall undergo a medical examination to ascertain his or her HIV status.

(5)  Any person who without the consent of an adult victim being under their authority or not commits the offense mentioned in this section

5. Promotion of homosexuality

(1)  Any person who,

(a) Participates in production, trafficking, procuring, marketing, broadcasting, disseminating, publishing homosexual materials;

(b) Funds or sponsors homosexuality and related activities

(c) Offers premises and other fixed or movable assets

(d) Uses electronic devices which include internet, films, mobile phone and

(f) Who acts as an accomplice or attempts to legitimize or in any way abets homosexuality and related practices

Commits an offense and on conviction is liable to a fine of five thousand currency points or imprisonment of at least five years or both.

(2)     Where the offender is a corporate body or a business or an association or a Non-governmental organization conviction its Certificate of Registration shall be cancelled and the Director(s) or proprietors or promoter(s) shall be criminally liable. 

6. Failure to report the offense

Any person who being aware of the commission of any offense under this Act omits to report the offense to the relevant authorities within 24 hours commits an offense and on conviction is liable to a fine not exceeding five hundred currency points or imprisonment not exceeding six months year.

PART IV -JURISDICTION

7. Jurisdiction.

Save for aggravated homosexuality which shall be tried by the High Court, other offenses under this Act shall be tried by the Magistrates Court.

8. Extra – Territorial Jurisdiction.

This Act shall apply to offences Committed outside Uganda Where-

(1)  A person who, while being a citizen of, or permanently residing  in Uganda, Commits an act Outside Uganda, which act would Constitute an offence had it been Committed in Uganda.

(2)  The offence was committed partly outside and or partly in Uganda.

9. Extradition.

A person charged with offence under this Act shall be liable to extradition under the existing Extradition laws.

PART V-MISCELLANEOUS

10.  Nullification of inconsistent International treaties, protocols, declarations and conventions.

(1). Any international legal instrument whose provisions are contradictory to the spirit and provisions enshrined in this Act, are null and void to the extent of their inconsistency.

(2). The foreign definitions of “sexual orientation”, “sexual rights”, “sexual minorities”, “gender identity” shall not be used in anyway to legitimize homosexuality, gender identity disorders  and related practices in Uganda.

11. Regulations.

The Minister may by statutory instrument make regulations to effect implementation of the provisions of this Act, and Promote the objects of this Act.

 SCHEDULE  1

CURRENCY POINT

One currency point is equivalent to twenty thousand Shillings.

Click here to see BTB\’s complete coverage of recent anti-gay developments in Uganda.

The Guardian Revisits Hair Whorls

The Guardian has an article today revisiting the somewhat unorthodox study of Dr. Amar J S Klar and his observations about hair whirls.

Dr. Klar is a geneticist working at the National Cancer Institute in Frederick, Maryland. One day on vacation he ended up on a gay beach. And there he noticed a peculiarity: gay men seemed to have counter-clockwise hair-whorls more frequently than could be expected. Far more frequently.

So the next year he went back and checked again. And, yep, gay men have gay hair.

He reports that “altogether in a combined sample of 272 mostly gay men observed, 29.8% exhibited counterclockwise hair-whorl orientation”. This, he says, is “vastly different from the value of 8.4% counterclockwise rotation found in the public at large, which included both males and females”.

Although Klar’s paper, Excess of Counterclockwise Scalp Hair-Whorl Rotation in Homosexual Men (pdf), was published in 2004, it didn’t seem to catch much attention in the gay community or among mainstream media. In fact, I don’t know whether psychologist Richard Lippa was entirely aware of Klar’s paper when he conducted similar research at Long Beach Pride in 2007 (his results – 23% counterclockwise).

Although none of this is new, it is important. One of the primary arguments against gay equality is that it is not biological in origin and thus is mutable. There is no gay gene! You can change! (So you don’t deserve civil rights!)

And as part of their argument, many anti-gays will create interesting hypotheses as to how physical distinctions are created without biology. Recently some NARTH affiliates sought to discredit measured brain variances by arguing that the brain is plastic and therefore such differences were the result of conditioning based on behavior.

But hair whorls, well there’s just no way to learn ’em. They’re pure biology. And there’s just no credible way to explain them away.

‘Eggs’ Holds off Marriage for Equality

Mehcad Brooks, the rather beautiful actor best known for playing Eggs, Tara’s love interest, in the just-finished season of True Blood, gave an interview with Honey Magazine in which he strongly expressed his support for marriage equality:

Well, do you consider yourself the marrying kind, then? Do you want that?
I haven\’t even gotten that far. But yeah, I want a wife, I want kids. The whole thing. But I\’m also not even concerned with marrying somebody until it\’s legal for everybody to get married. And what I mean by that is the whole Prop 8 thing.

Why is that cause so important to you?
I find it really offensive. I just find it really problematic when you start throwing people\’s rights away. Until we get our gay brothers and sisters back into a realm of consciousness that everyone else is in, it\’s just not right. A woman who\’s getting married — it\’s probably going to be a gay man who made her dress, and a gay man who\’s doing her hair and makeup, but he can\’t get married. How messed up is that?

Very messed up.

It is very important that straight guys and gals come to understand that marriage equality isn’t a gay issue, it’s a principle everyone should take to heart. I enjoyed Brooks as an actor; I now enjoy him as a person for understanding and caring.