Box Turtle Bulletin

The Daily Agenda for Tuesday, July 26

TODAY’S AGENDA:
Henry Fielding’s A History of Tom Jones, A Foundling is purported to be a biography of a young bastard child trying to make his way in the world. It begins with his birth and continues on up until his marriage to Sophia. Published in 1749, Fielding’s satirical novel is interspersed with amusing essays with literally descriptive titles. Book three, for example, opens with “Containing Little or Nothing,” while Book four’s opening essay is titled “Containing Five Pages of Paper.” Book fourteen opens with “An Essay to Prove That an Author Will Write the Better for Having Some Knowledge of the Subject on which He Writes,” an essay that should be required reading for bloggers everywhere. My favorite is the essay which opens book two, “Showing What Kind of a History This Is: What It Is Like, and What It Is Not Like”:

Though we have properly enough entitled this our work, a history, and not a life, nor an apology for a life, as is more in fashion; yet we intend in it rather to pursue the method of those writers who profess to disclose the revolutions of countries, than to imitate the painful and voluminous historian, who, to preserve the regularity of his series, thinks himself obliged to fill up as much paper with the detail of months and years in which nothing remarkably happened, as he employs upon those notable eras when the greatest scenes have been transacted on the human stage.

Such histories as these do, in reality, very much resemble a newspaper, which consists of just the same number of words, whether there be any news in it or not. They may likewise be compared to a stage-coach, which performs constantly the same course, empty as well as full. The writer, indeed, seems to think himself obliged to keep even pace with time, whose amanuensis he is; and, like his master, travels as slowly through the centuries of monkish dullness, when the world seems to have been asleep, as through that bright and busy age …

Now it is our purpose, in the ensuing pages, to pursue a contrary method. When any extraordinary scene presents itself (as we trust will often be the case), we share spare no pains nor paper to open it at large to our readers; but of whole years should pass without producing anything worthy his notice, we shall not be afraid of a chasm in our history, but shall hasten on to matters of consequence, and leave such periods of time totally unobserved.

These are indeed to be considered as blanks in the grand lottery of time. We therefore, who are the registers of that lottery, shall imitate those sagacious persons who deal in that which is drawn at Guildhall, and who never trouble the public with the many blanks they dispose of; but when a great prize happens to be drawn, the newspapers are presently filled with it, and the world is sure to be informed at whose office it was sold: indeed, commonly two or three different offices lay claim to the honour of having disposed of it; by which, I suppose, the adventurers are given to understand that certain brokers are in the secrets of Fortune, and indeed of her cabinet council.

My reader then is not to be surprised, if, in the course of this work, he shall find some chapters very short, and others altogether long; some that contain only the time of a single day, and others that comprise years; in a word, if my history sometimes seems to stand still, and sometimes to fly. For all which I shall not look on myself as accountable to any court of critical jurisdiction whatever; for as I am, in reality, the founder of a new province of writing, so I am at liberty to make what laws I please therein. And these laws, my readers, whom I consider as my subjects, are bound to believe in and to obey; with which that they may readily and cheerfully comply, I do hereby assure them that I shall principally regard their ease and advantage in all such institutions; for this I do not, like a jure divino tyrant, imagine that they are my slaves or my commodity. I am, indeed, set over them for their own good only, and was created for their use, and not they for mine. Nor do I doubt, while I make their interest the great rule of my writing, they will unanimously concur in supporting my dignity, and in rendering me all the honour I shall deserve or desire.

That was his way of marking the passage of time by filling several more pages in his novel despite nothing much happening in the story. It is also my way of marking time for today, since I have nothing to show in the way of birthdays, history, or planned events. It’s not that there’s nothing out there, nor that is there nothing in our past for today. I just don’t have it. Unfortunately, I don’t possess the literary tyrannical powers of the emminently entertaining Hank F. to pass the day unnoticed without posting something. This feature, after all, is called the Daily Agenda, whether anything is happening or not.

If you know of something going on today or of an event in history, please feel free to share it in the comments.

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

Lawsuit Filed Against NY Marriages; Group’s Lawyer Believes “God’s Law” Should Be Recognized Over “Man’s Laws”

Twenty-four hours after New Yorkers began enjoying the fresh air of marriage equality, anti-gay activists filed a lawsuit against the New York state Senate challenging the process by which marriage equality became legal. New Yorker’s (sic) for Constitutional Freedom allege that the legislature violated the Open Meetings law, suspended normal voting procedures, denied public access to legislators, and failed to send the bill to proper committees. A spokesman for Gov. Andrew Cuomo blasted the group’s lawsuit, saying “The plaintiffs lack a basic understanding of the laws of the state of New York. The suit is without merit.”

Because of the separation of power doctrine, this lawsuit is likely dead on arrival. Each branch of government is free to establish the rules under which that branch operates, and courts are loathe to cross those lines of separation and order one branch to abide by a different set of rules when those rules were established by that branch for the conduct of its business.

Rena Lindevaldsen

But the lack of basic understanding of the law comes as no surprise when one considers that the lawyer representing New Yorker’s (sic) for Constitutional Freedom is none other than Liberty Counsel’s Rena Lindevaldsen.  You may recall that she was the lawyer for Lisa Miller, who kidnapped now nine-year-old Isabella after a court awarded custody of the child to her other mother, Janet Miller Jenkins. The FBI’s investigation led to the arrest of an accomplice who aided in the abduction, and showed that persons associated with Liberty Counsel were significantly involved in the conspiracy. Last May it was revealed that Lindevaldsen and Mat Staver, who heads Liberty Counsel, and who both teach at Liberty University’s law school, taught their students to choose “God’s law” over “man’s law.” When they presented a case remarkably similar to the Miller case to their students, they gave higher marks to students who said that Miller should be advised by their lawyer to engage in “civil disobedience” and ignore the court order.

Lindevaldsen’s views are as extreme as they come. Last year, she spoke at a so-called “Truth Academy” put on by the SPLC-certified hate group Americans for Truth, headed by Peter LaBarbera. Lindevaldsen told the small gathering, “We need to work to completely eliminate public schools — government schools — and push a Christian/Biblical model of educating our children.” She also equated civil unions to promiscuity, and talked about LGBT equality and “religous and first amendment freedoms” as a zer0-sum game. She also spoke of her resentment in having to observe the First Amendment’s separation of church and state:

When they ask me to be secular in my argumentation, they’re asking me to give up Truth. They’re asking me to give up my best weapon which is the absolute reality that I know from God. They’re asking me to go over onto their playing field and use their weapons that they chose for me.

This partly explains Chris Geidner’s observation that Lindevaldsen made a striking style decision in writing her brief:

One of the striking, though not surprising, quirks of the lawsuit is its constant insistence of using quotation marks around all mentions of marriage that relate to same-sex couples:

Immediate and irreparable harm will occur if injunctive relief is not granted insofar as couples will be “marrying” pursuant to a law that is invalid and, ultimately, could result in the invalidation of those “marriages.”

The move, whether its aim or not, has the effect of making the lawsuit look more like a political than a legal document.

In reality, the document is neither legal nor political. It’s religious.

IGLA Accredited by UN Economic and Social Council

According to a press release from IGLA:

With 30 votes in favour (India, Italy, Japan, Latvia, Malta, Mexico, Mongolia, Nicaragua, Norway, Peru, Republic of Korea, Slovakia, Spain, Switzerland, Ukraine, United Kingdom, United States, Venezuela, Argentina, Australia, Belgium, Canada, Chile, Ecuador, Estonia, Finland, France, Germany, Hungary), 13 against (Iraq, Morocco, Namibia, Pakistan, Qatar, Russia, Saudi Arabia, Senegal, Bangladesh, Cameroon, China, Egypt, Ghana) and 6 abstentions (Guatemala, Mauritius, Philipines, Rwanda, Bahamas, Ivory Coast) the UN Economic and Social Council (ECOSOC) granted today consultative status to the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA). ECOSOC consultative status allows NGOs to attend UN conferences and meetings, submit written statements and reports, make oral interventions, and host panels in UN buildings, thus representing a fundamental tool for an NGO like ILGA — with more than 700 member organisations in all continents — to do work on LGBTI human rights within the UN system.

The Daily Agenda for Monday, July 25

TODAY’S AGENDA:
First NAACP Town Hall on LGBT Issues: Los Angeles. The NAACP’s 102nd Annual National Convention today will host its first-ever town hall meeting on LGBT issues. The forum, which will be moderated by CNN Anchor Don Lemon, will examine the significant contributions of black gay leaders within the Civil Rights movement, the role of black straight allies in addressing homophobia  overcoming LGBT discrimination within the black community. The panelists will include longtime Civil Rights leader Ambassador Julian Bond, Spelman College Professor Beverly Guy-Sheftall, comedian Wanda Sykes, actor Daryl Stephen and writer, scholar and activist Kenyon Farrow. The Town Hall will take place this afternoon at 2:00 p.m. at the Los Angeles Convention Center.

UN Economic and Social Council To Consider LGBT Group’s Accreditation: Geneva, Switzerland. In a general council meeting today, the UN Economic and Social Council (ECOSOC) will vote on whether to accredit the International Lesbian, Gay, Bisexual, Trans and Intersex Association (IGLA), which in turn determines whether the organization can attend UN meetings, submit written statements, make oral interventions, host panels — even get in the door of UN buildings. Much of NGOs working on these issues address important human rights questions and it is critical that they have a voice at the UN. It is particularly important that ILGA, as a global federation of LGBTI organizations, no longer be denied a voice at the UN. Because much of ECOSOC’s work touches on human rights, having a voice on behalf of sexual minorities is particularly important. The vote is expected to be close.

TODAY IN HISTORY:
Dr. Barry Dies, Revealed As Transman: 1865. Before Britain’s Inspector General of Military Hospitals, Dr. James Barry, died, he left strict instructions that no one was to change him out of the clothes in which he died. But the charwoman sent to prepare his corpse had no room for such nonsense. And so when she pulled his nightshirt up to wash his boody, she screamed, “The devil! It’s a woman!”

Dr Barry, while alive, was known as a fierce and demanding doctor, and in the process became one of the most highly respected and feared surgeons in Victorian England, feared for his combative temper and fierce determination. He famously got in a bitter argument with Florence Nightingale, who called him a “brute” and “the most hardened creature I ever met throughout the Army.” As Inspector General, he fought for better food, hygiene, sanitation and proper medical care for soldiers and for prisoners. His reforms undoubtedly saved thousands of lives. He became the top-ranking doctor in the British Army, where despite his argumentative personality, was also reputed to have an very good bedside manner. Many who knew him also remarked on his high, soft voice and his diminutive stature — he stood barely five feet tall on special stacked-soled shoes. His black manservant, who joined Barry’s employment in South Africa and would remain with him for the next fifty years, was entrusted with the task of laying out six small towels every morning that Barry used to conceal his curves and broaden his shoulders.

Despite the charwoman’s discovery upon his death, his secret remained tightly held and he was buried under the only name he had gone by since his early twenties.  It wouldn’t be until the 1950s when his British Army records were unsealed that it was revealed that Barry had been born in Ireland as Margaret Buckley to a forward thinking family who were staunch supporters of women’s rights. Margaret became James Barry shortly after beginning training to become a doctor. But since women were not admitted to universities at the time, the only way Barry could continue his education and career was to do so as a man. And in every respect, he remained a man in what was very much a man’s world until the day he died.

Barry’s life and career is the subject of Rachel Holmes’s 2007 book, The Secret Life of Dr James Barry: Victorian England’s Most Eminent Surgeon.

Rock Hudson’s AIDS Diagnosis Confirmed: 1985. The rumors had been swirling for some time, coming to a head when Rock Hudson was admitted into Paris’s Pasteur Institute for what was clearly a very serious illness. He had appeared a few days earlier on Doris Day’s television talk show appearing gaunt, and his speech was nearly incoherent. His admission to Pasteur only increased speculation that Hudson was suffering from AIDS, since the world-famous Institute was a leading research and treatment center for the disease. But the official line remained that Hudson was battling liver cancer until this date in 1985, when his publicist revealed that Hudson had been diagnosed with AIDS the year before. Of Hudson’s stay at the Paris hospital, the spokesperson said, “He’s lucid. He’s talking, He’s joking… He’s feeling much better and in quite good spirits.” But his publicist remained circumspect about Hudson’s sexuality, saying only, “He doesn’t have any idea now how he contracted AIDS. … Nobody around him has AIDS.”

That would change a few weeks later when, apparently with Hudson’s blessing, close friends Angie Dickinson, Robert Stack and Mamie Van Doren acknowledged Hudson’s sexuality in a supportive article  in People magazine. Messages of support flowed in from Morgan Fairchild, Joan Rivers, and, of course Elizabeth Taylor. Hudson’s death less than three months later provoked another wave of sympathy and galvanized much of Hollywood, with Elizabeth Taylor’s prodding, to undertake the task of reducing the stigma surrounding HIV/AIDS.

TODAY’S BIRTHDAYS:
J. Warren Kerrigan: 1879. While little known today, Kerrigan had been a very popular silent film star, appearing in films for Essanay, Biograph, and later Universal. His typical character was a leading role as a modern, well-dressed man-about town. He nearly killed his career over a glib remark about his refusal to enlist in World War I. He managed to salvage his reputation in 1923 with the lead role in The Covered Wagon. That success opened the doors to five more hit films in the next year, and with that his financial security was assured. He retired from filmmaking and lived with his devoted partner of forty years until Kerrigan died in 1947 at the age of 67.

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

Weddings Blossom In New York

Phyllis Siegel, 76, and Connie Kopelov, 84, seconds after being pronounced legally married.

It has been a big day for marriages in New York City, where hundreds of gay couples solemnized their relationships on the first legal day of marriage equality. As promised, Mayor Michael Bloomberg got into the act when he officiated at the wedding of two of his staff members with the couple’s two daughters looking on. Phyllis Siegel, 76, and Connie Kopelov, 84, finally made honest women of each other after twenty-three years of waiting for this day. They were the first couple married in Manhattan. The New York Times celebrated with an entire Style section devoted to the nuptials. The also report that with marriage equality arriving in the Empire State, everything associated with marriage is now equal — including parents bugging their kids about when they’re finally going to tie the knot.

Niagara Falls celebrates marriage equality

You can check out this Flickr stream for more marriage photos.  The Times’s City Room blog has more, with stories. And Andy Towle also has a good round-up from across the state.

Of course, there were protesters on hand in Manhattan, nearly all of them bussed in.

The Daily Agenda for Sunday, July 24

TODAY’S AGENDA:

NEW YORKERS DO!

Shortly after the stroke of midnight, Niagara Falls mayor Paul Dyster pronounced Kitty Lambert and Cheryle Rudd spouses for life as the world-famous falls in the background were lit in rainbow hues.

Dale Getto and Barb Laven married in Albany shortly after midnight.

At about the same time, Albany Mayor Jerry Jennings presided over the wedding of Dale Getto and Barb Lavin in the Common Council’s chambers.  And with that, New Yorkers began to celebrate the arrival of marriage equality in the Empire State. New York is now the most populous state in the union providing marriage equality for all of its citizens.

When New York City officials announced last week that they would be open today to issue marriage licenses, they worried that high demand would overload city clerk’s offices throughout the city. To manage the demand, they had established a lottery for 764 slots, but on Thursday announced that they would be able to issue licenses for all 823 couples who applied for the slots. New York law provides for a 24-hour waiting period after obtaining a license before they can marry, but judges from around the state have volunteered to be available at registrars offices to offer that exemption today.

Naming Project Summer Camp: Bay Lake Camp, MN. A very special summer camp, which was featured in the 2006 documentary Camp Out, kicks off today for 14- to 18-year-olds of any sexual orientation, gender identity or expression who wish to explore their spiritual and religious journeys in a supportive and welcoming setting. Known as the Naming Project Summer Camp, this year’s theme is “Called As We Are,” where campers will spend the week talking about Biblical call stories and how they are called to live as God’s children today. Typical camp activities are on the bill: canoeing, swimming, hiking, singing, arts and crafts, and (I suspect) some very fabulous s’mores. The nearly week-long camp continues through Friday.

Pride Celebrations Today: Burlington, VT; Halifax, NS; and Tampere, Finland.

TODAY’S AGENDA (Theirs):
Anti-Marriage Rallies: New York. While thousands of New York couples are realizing their long-delayed dreams of matrimony today, anti-gay groups spearheaded by the National Organization for Marriage will hold four anti-marriage rallies this afternoon at 3:00 p.m., demanding that the state legislature puts their fellow citizens’ rights up for a vote. Rallies are planned for Albany, Manhattan, Rochester and Buffalo. State Sen. Ruben Diaz, the lone Democratic arch-opponent to marriage equality, will appear at the Manhattan rally. Counter protests are also planned at each location.

TODAY’S BIRTHDAYS:
Kirk Andrew Murphy: 1965. For nearly four decades, Kirk was known only as “Kraig,” but under that pseudonym he was well known among behavioral therapists who were trying to prevent homosexuality and transgender identities in very young children. The seeds for “Kraig’s” fame were planted in the summer of 1970, when Kirk’s mother saw a television program featuring famed sexologist Dr. Richard Green describing a new federally-funded treatment program at UCLA’s Neuropsychiatric Institute. She listened to his spiel about the dangers of effeminate boys growing up to become homosexual, and she worried that her own young son was headed for trouble. So a month before his fifth birthday, she him to UCLA where Kirk came under the care of a young grad student by the name of George Rekers. Ten months later, five-year-old Kirk was declared to be rid of his “severe gender identity disturbance,” and Kirk’s case would help Rekers earn his Ph.D. in 1972.

Two years later, Rekers published his case report of “Kyle” in the Journal of Applied Behavioral Analysis, where he described “Kyle’s” treatment and the astounding “success.” This was the first time anyone had reported curing a young child’s budding homosexuality or transgenderism — no one was ever quite sure what it was they though they saw in Kirk — and that paper became one of the more widely-cited papers in the late 1970s. Kirk’s case launched Rekers’s career, first as an acclaimed or controversial young psychologist (depending on one’s point of view at the time), and later as a significant anti-gay activist when he co-founded the Family Research Council in 1983. Throughout Rekers’s career he would write at least twenty papers describing Kirk’s case as an example of the power of his treatment program to prevent homosexuality and transgender identity in very young children. The most recent publication touting “Kraig’s” supposedly successful cure appeared in a 2009 book promoted by the National Association for Research and Therapy of Homosexuality (NARTH), where Rekers served on its Scientific Advisory Committee. Of course, all of that was before Rekers was discovered returning from a European vacation in the company of a male escort in 2010.

But it wouldn’t be until last month when the truth would finally emerge.  An original BTB investigation and a concurrent CNN exposé on Anderson Cooper 360 revealed that Kirk’s therapy was highly abusive; that contrary to Rekers’s persistent reports, Kirk was not straight; that Kirk struggled all his life with the shame that his treatment at UCLA had been instilled in him; and that his struggle finally ended with his suicide in December of 2003. If Kirk were alive today, he would be 46 years old. His is still deeply missed by his mother, brother, sister and friends.

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

The Daily Agenda for Saturday, July 23

TODAY’S AGENDA:
AHF Provides Free HIV Testing at NAACP Convention: Los Angeles, CA. The NAACP’s annual convention kicks off in Los Angeles today, and the the AIDS Healthcare Foundation will be there to provide provide free HIV rapid testing. AHF’s partnership with the NAACP is all as part of the “No Big Deal” initiative to create an opportunity for local elected officials and celebrities attending the convention to come to the AHF Health Spot mobile testing van to declare, “It’s No Big Deal to Take An HIV Test.”

According to the CDC’s latest statistics, African-Americans made up 49% of all AIDS diagnoses and 52% of new HIV infections in 2009. AHF board member Cynthia Davis said, “There is an epidemic of HIV and STDs in the Black community in the U.S. Washington, D.C is currently the epicenter for HIV infection in this country, where it is estimated that 1 of every 33 individuals over the age of 13 living in the District is infected. In South Los Angeles, we have an epidemic among sexually active youth who have no idea that they are at risk for infection, not only with HIV, but other STDS as well. This event at the NAACP Convention gives us an opportunity to really reach out to the larger Black community as well as elected official and celebrities.”

This is the second year that AHF has teamed with the NAACP at their annual convention. The free testing will take place at the Los Angeles Convention Center, West Hall A today from 2:00 pm to 6:00 pm. Free HIV rapid testing and STD screening will also take place Sunday, July 24th through Tuesday, July 26th, from 10:00 am to 6:00 pm daily in the exhibit hall.

Pride Celebrations This Weekend: Burlington, VT; Detroit, MI (Black Pride); Ft. Wayne, IN; Halifax, NS; Harrisonvillle, VA (PDF) and Tampere, Finland.

TODAY’S AGENDA (Theirs):
Ex-Gays Got A Feeling For Sexual Healing: San Fernando, CA. Several ex-gay ministries have teamed up for an all-day conference at Living Hope Community Church titled, “Call To Be Free: Restoring Hope for Sexual Healing.” Mercy, mercy me, did they really intend to make me think of Marvyn Gaye as I typed that? Anyway, the talk features former Exodus president Joe Dallas, Phillip D. Lee of Bakersfield-based His Way Out Ministries, and Carol Wagstaff of Glendora-based Living Stones Ministries. They want as many people to join them as possible, beginning at 7:45 a.m. where you’re likely to hear the White Evangelical’s remix of the Prince of Soul’s advice: “Please don’t procrastinate / It’s not good to masturbate.”

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

Gay Panic Law on trial

Brandon McInerney and defense attorney Scott Wippert (Los Angeles Times; Nick Ut, AP Photo)

The witnesses have spoken and the evidence has been heard in the murder trial of Brandon McInerney. And there is no dispute over most of the facts.

Everyone agrees that McInerney shot Lawrence King during computer class three years ago. And it is well established that they had long feuded, starting when McInerney and his friends tormented King and continuing through Kings eventual taunting of McInerney by flirting with him. And both were aware that their behavior was unwelcomed by the other.

And it has also been shown that Lawrence King had recently announced that he was gay and had began experimenting with gender roles and expression. Lawrence had on some occasions worn makeup and boots designed and marketed to women. And the prosecution and the defense both agree – though in different ways and with different purpose – that when Brandon McInernery killed Lawrence King it was due to a large degree because King was gay.

The only dispute in this case is over what that means.

The prosecution argued that McInerney was a white supremest who shot King because he hated gay people. Her argument rests on evidence such as hundreds of white supremacy and Nazi images scrawled in McInerney’s books, on his shoes and his backpacks, 154 pages of Hitler speeches and books on the Nazi youth, his involvement in a street gang, and his mentoring by a local white supremest with whom he stayed the night before the murder. And because his motivation for actually killing King was based in hatred for homosexuals, she argues that hate crime provisions justify an increased sentence.

The defense attorney has a different take on the matter. His effort has been dedicated to painting King as a dirty nasty fag who couldn’t keep off of a strong young straight man and who provoked McInerney until he reacted in the heat of the moment. I mean, who wouldn’t be disgusted and horrified to have some mincing make-up wearing little queen flirt with you and embarrass you and, well, okay maybe it was a rash decision to shoot him, but who wouldn’t do the same?

This is called the Gay Panic defense. And while it is immoral, vile, and harmful to society, defense attorneys continue to use it whenever they can. For one reason. (LATimes)

Gay panic defenses are used because they often work, said Cynthia Lee, a law professor who wrote a 2008 UC Berkeley Law School Review article on the topic. In February 2006, a Kentucky man successfully won a lighter sentence after using a gay panic argument, according to a report by Equality California.

In the same year, a Fresno man who stabbed a transgender person 20 times agreed and was permitted to plead guilty to a reduced crime that brought a four-year sentence. The Fresno district attorney reportedly cited the difficulty of overcoming a panic strategy as a reason for offering the plea deal.

“There is no question that when murder defendants argue gay panic, they seek to tap into deep-seated biases against and stereotypes about gay men as deviant sexual predators who pose a threat to innocent young heterosexual males,” Lee wrote in the law review article.

But there is one change to the equation. In September 2006, the California State Legislature passed, and Governor Schwarzenegger signed, the Gwen Araujo Justice for Victims Act. This legislation does not ban or in any other way infringe on the defense’s right to say whatever he liked. But it does allow a prosecutor to have the judge read a statement reminding the jury that everyone deserves the same promise of justice and that they should resist the temptation to base their decision on prejudice:

Do not let bias, sympathy, prejudice, or public opinion influence your decision. Bias includes bias against the victim or victims based upon his or her disability, gender, nationality, race or ethnicity, religion, gender identity, or sexual orientation.

The prosecutor is invoking her Gay Panic clause and this will be the first case in which a judge cautions a jury not to use anti-gay bias.

And so it is not really McInerney that is on trial here. His guilt was evident from the beginning. Rather, this trial is about gay panic and whether a blatant appeal to anti-gay bigotry will influence a jury, even after they have been instructed by the judge not to not let it do so.

DADT Repeal: Thank You Elaine!

Timothy Kincaid extends his appreciation to Log Cabin Republicans for their tireless efforts in helping to secure DADT’s repeal. I initially had a much harder time singling out one individual or organization for finally getting this repeal done.

And then I thought of Elaine Donnelly.

Her consistently incompetent appearances before Congress, her desperate attempts at building support for DADT’s retention, her weirdly fraudulent polls — I mean really. Can there be any doubt that Donnelly was at least as effective in moving DADT’s repeal forward as the Human Rights Campaign?

Thank you Elaine!  I’m raising my margarita glass tonight to you!

Still having fun, Maggie?

Happiness is when reality exceeds your expectations. Apparently the National Organization “for” Marriage has officially lowered its expectations.

Over on their blog, NOM is happily touting a new poll in a post called, New Quinnipiac Poll: Majority Does NOT Support SSM:

The latest Quinnipiac poll:

Would you support or oppose a law in your state that would allow same-sex couples to get married?
Oppose: 48%
Support: 46%
Don’t Know/NA: 6%

Among Republicans:
Oppose: 72%
Support: 24%
Don’t Know/NA: 4%

Not so long ago, they’d have despaired at a slim margin like that. But with poll over poll over poll showing majority support for marriage equality, these numbers are the happiest news they can find.

That’s almost sad.

Heh, heh, heh.

You have to wonder, though:  How happy should they be? I hate spoiling their fun…but if you insist:

This is not the headline they want.

They wrote the headline, Majority Does Not Support SSM, but they’d much rather have written, Majority Opposes SSM. That’s one of their favorite talking points. Guess, they’ll have to retire it — even the polls they promote don’t let them say it.

So sorry, NOM.

The trend is against them.

They left a bunch of stuff out of their report. For instance, Quinnipiac’s comparison of these results to the ones they got two years ago:

Does that look like cause for a big NOM victory party?

So sorry.

They can’t even claim with confidence that they’re ahead.

Quinnipiac’s margin of error is ± 2%. That means the true results are somewhere in the range of 50-46 for NOM or 48-46 against NOM. Let me adjust the graphic to account for this margin of error. The wider lines indicate the 4% range for each result.

See how the lines now overlap? Didn’t used to happen.

So sorry.

They’re losing support in their base.

NOM gave us the Republican numbers for 2011, but not for 2009. Let me rectify that.

NOM, you can’t even hold onto your own base.

So sorry.

A solid majority thinks the federal government should recognize same-sex marriage.

Oops — NOM, looks like you lost that one a couple years back. And you’re losing even worse now.

So sorry.

Did I say happiness is when reality exceeds your expectations? Then I’m happy, because I never expected NOM to view these numbers as good news. NOM has lowered its expectation and revealed it to the world. Maggie Gallagher recently said people should fight same-sex marriage because “Winning is fun.” I’m wondering Maggie, was New York fun? Were these numbers fun? Because writing this sure was fun for me.

Oh, I shouldn’t gloat.

So sorry.

DADT Certification Is Done!

The certification letter signed by President Obama, Defense Secretary Panetta, and Chairman of the Joint Chiefs of Staff Adm. Mullen

The military ban on gay servicemembers serving openly known as “Don’t Ask, Don’t Tell” will officially pass into history on September 20, 2011. President Barack Obama signed the certification stating that the U.S. military is now fully prepared to end the policy with no harm to military readiness. The certification, which is required by the repeal law passed last December, starts a sixty day clock to final repeal.

The White House released the following statement from President Obama:

Today, we have taken the final major step toward ending the discriminatory ‘Don’t Ask, Don’t Tell’ law that undermines our military readiness and violates American principles of fairness and equality.  In accordance with the legislation that I signed into law last December, I have certified and notified Congress that the requirements for repeal have been met.  ‘Don’t Ask, Don’t Tell’ will end, once and for all, in 60 days—on September 20, 2011.

As Commander in Chief, I have always been confident that our dedicated men and women in uniform would transition to a new policy in an orderly manner that preserves unit cohesion, recruitment, retention and military effectiveness.  Today’s action follows extensive training of our military personnel and certification by Secretary Panetta and Admiral Mullen that our military is ready for repeal.  As of September 20th, service members will no longer be forced to hide who they are in order to serve our country. Our military will no longer be deprived of the talents and skills of patriotic Americans just because they happen to be gay or lesbian.

I want to commend our civilian and military leadership for moving forward in the careful and deliberate manner that this change requires, especially with our nation at war.  I want to thank all our men and women in uniform, including those who are gay or lesbian, for their professionalism and patriotism during this transition.  Every American can be proud that our extraordinary troops and their families, like earlier generations that have adapted to other changes, will only grow stronger and remain the best fighting force in the world and a reflection of the values of justice and equality that the define us as Americans.

Secretary of Defense Leon Panetta and Chairman of the Joint Chiefs of Staff Adm. Mike Mullen signed the certification letter yesterday and presented it to the President this afternoon.

According to Chris Geidner at Metro Weekly:

In a news conference at the Pentagon, Maj. Gen. Steven A. Hummer said that the military had completed ”the necessary policies and regulations to implement repeal,” praised the work of the Repeal Implementation Team, and said, ”This thoughtful and steady approach…has laid the groundwork for a smooth and orderly transition.”

…Hummer said the military expects all training of active duty servicemembers and reserves will be completed by Aug. 15.

Hummer said that the repeal implementation Team has conducted a thorough review of regulations and policies, made the necessary revisions, and stated that those changes will be effective upon the date of repeal. Some of the main policies addressed relate to separations of servicemembers under DADT. Such servicemembers, when discharged fully under DADT, will be able to re-apply after repeal, said Hummer.

There are still some issues related to DADT’s repeal which are yet to be addressed:

”Perhaps the largest piece of this is benefits,” said Hummer.

Although Hummer said that certain benefits in which servicemembers can select a beneficiary of their own choosing will be open to gay, lesbian and bisexual servicemembers who wish to name a same-sex partner, he noted that the Defense of Marriage Act (DOMA) and ”the existing definition of ‘dependent’ in some laws” will prohibit extending benefits such as health care and housing allowances to the same-sex partners of servicemembers.

Sen. Susan Collins (R-ME), whose refusal to let DADT repeal die when all hope appeared lost, praised today’s development:

America is now one giant step closer to joining at least 28 of our closest allies in welcoming the service of any qualified individual who is willing and capable of serving our country.  I am delighted to have helped lead the effort to begin repeal of this law because it is the right thing to do for our military and for our country.

Sen. Collins was the only Republican on the Senate Armed Services Committee to vote to include DADT’s repeal in the Defense Authorization bill.  In December, she was the only Republican in the Senate to vote to proceed to the Defense Authorization bill which included repeal language. When that vot failed, Sens. Collins and Joe Lieberman (I-CT) then introduced a standalone bill which passed the Senate on December 18, 2010 by a vote of 65-31.

Sen. Lieberman also praised DADT’s imminent demise:

“Our strongest in the world military is even stronger today with the certification that its readiness and effectiveness will not be diminished by the open service of gay and lesbian servicemembers. I thank our military leaders for their efforts over the past several months to implement this policy. Justice has been served, and we should all be grateful that patriots stand guard every day around the world protecting our precious freedoms.”

Rep. Barney Frank (D-MA) also reacted to the news:

Given Leon Panetta’s lifelong record of opposition to unfair discrimination, I knew when the President appointed him to be the Secretary of Defense that he would act promptly to implement last December’s legislation to end “Don’t Ask, Don’t Tell.”

I have a prediction: just as we have seen in those states where same-sex marriage has occurred with none of the negative consequences predicted, it will soon be clear that there was never any basis for this discriminatory policy in the first place other than prejudice, and the gay, lesbian, bisexual and transgender servicemembers will soon demonstrate that there never was a good reason to keep them from serving our country.

DADT receives death certificate

In accordance with the terms set out in the legislation terminating the Military’s Don’t Ask Don’t Tell policy, the President of the United States, the Secretary of the Defense, and the Chairman of the Joint Chiefs of Staff have now certified that the Department of Defense has now prepared the necessary policies and regulations and that such policies and regulations are consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the Armed Forces.

It’s official. While the change will not go into effect for another 60 days, the policy restricting the open service of gays and lesbians in the military has been certified dead.

Many people and organizations played an role in this change. And many deserve credit. And you will receive emails from several today claiming that credit and asking you for money.

But one organization which has, in my opinion, contributed far beyond most will probably get scant recognition elsewhere in our community, so I’ll give them the opportunity to brag a bit.

Today, on July 22, 2011, the President, Secretary of Defense, and the Chairman of the Joint Chiefs took the next step, certifying that the military is ready to end the ban on open service. It is a proud day to be an American, and a proud day to be a Log Cabin Republican.

Log Cabin Republicans fought this archaic policy on many fronts, from working with the Pentagon’s Comprehensive Working Group which showed servicemembers were unopposed to the change, to securing the needed Republican votes in Congress for repeal, to bringing the federal lawsuit Log Cabin Republicans v. United States which declared ‘Don’t Ask, Don’t Tell’ unconstitutional. It has been a long campaign, and the fight is not yet over, but victory is in sight at last.

Thanks guys. Considering the vote count and the pressure that the lawsuit applied, I honestly don’t think we could have accomplished this at this time without you.

Willow Creek Threads the Needle Between Ex-Gay Movement And Pro-Gay Acceptance

Last month, David Roberts at Ex-Gay Watched happened to notice that the influential Chicago-area megachurch Willow Creek was no longer listed on Exodus International’s affiliate listing as they had been in the past. Roberts obtained a response from a Willow Creek spokesperson confirming that “After a recent review of our affiliations we determined that, moving into the future, we no longer intend to be affiliated with Exodus International.”

Willow Creek is a very large interdenominational Evangelical church with satellite campuses across the country, and has been called the “most influential church in America.” Christianity Today picked up on the story and spoke with the same Willow Creek spokesperson, Scott Vaudrey, who said that Willow Creek’s decision was not intended as a social or political statement, but resulted from “a season of reviewing and clarifying some of our affiliations with outside organizations.”

Exodus International president Alan Chambers answered Vaudrey’s innocuous framing of their decision with his own combative interpretation of Willow Creek’s decision:

“The choice to end our partnership is definitely something that shines a light on a disappointing trend within parts of the Christian community,” he said, “which is that there are Christians who believe like one another who aren’t willing to stand with one another, simply because they’re afraid of the backlash people will direct their way if they are seen with somebody who might not be politically correct.”

Chambers said he sympathizes with Christian organizations that deal with social, political, and financial backlash, but added, “Biblical truth is unpopular, and when you’re supporting unpopular truth, you are unpopular too; which means, some days, getting upwards of 10,000 phone calls and emails, and it can be overwhelming.”

He later added:

“I really do think decisions like this, ultimately, highlight a reticence in the church to stand up for biblical truth, and they’re coming at a time when we’re going to have to stand up for what we believe. I think there’s a way to stand up. We have to find that way.”

Willow Creek however denies that their theological position on homosexuality has changed. Christianity Today’s article cites Susan DeLay, Willow Creek’s director of media relations, in saying that the church hasn’t not “become less welcoming to people with same-sex attractions or more averse to big problems.” It should be noted that “less welcoming to people with same-sex attractions” is not the same as “less welcoming to gay people.” The former phrasing refers to those who would be part of an ex-gay ministry, rather than openly gay individuals or families headed by gay couples. DeLay goes on:

“It’s quite the contrary,” she said. “Willow Creek has a whole host of ministries for people dealing with these issues, and we would never intend for them to feel sidelined. All we’ve changed is how we’ve gone about inviting them into the church, which is the primary issue here.”

It remains unclear how Willow Creek would respond if a group of LGBT parishioners wanted to form a study group or start a PFLAG sponsorship. DeLay’s referencing those who are “dealing with these isssues,” does not suggest that an acceptable way of dealing would be to embrace one’s God-given gifts.

What actually appears to be happening is that Willow Creek may be trying to “thread the needle.” On the one hand, they want to be clear that they are still an ex-gay-welcoming church and they aren’t about to define themselves as a gay-welcoming church. But they don’t want the to erect obvious barriers to gay people walking through its doors. Mark Yarhouse, whose own studies have demonstrated the ineffectiveness of ex-gay ministries in changing sexual orientation, believes that churches like Willow Creek are beginning to notice that Exodus International and the ex-gay movement has become a significant and growing barrier:

Churches are realizing that while there is a small contingent of the gay community responding to language like ‘freedom from homosexuality’ or ‘freedom is possible,’ the vast majority strongly disagree. They’re angry and they believe it’s impossible to change, and to hear this is so offensive that they will have nothing to do with Christians. So I think churches, in response to that vast majority who say, ‘We’re not interested,’ have decided to look at other approaches in an attempt to connect with the gay community on at least some level. That doesn’t mean that churches disagree with the language of ‘freedom from homosexuality’ doctrinally; they’ve just found that it doesn’t work on a social level.”

A George Rekers Case Study: Where Is “Nathan”?

As time went on, George Rekers and his colleagues at UCLA began to investigate other forms of treatment for the gender-variant children that were being brought in to the Neuropsychiatric Institute’s Gender Identity Clinic. One of the things they discovered with Kirk Murphy, “Carl,” and “Wayne,” was that coercing a change in young boys’ outward behaviors in one setting didn’t necessarily translate into changes in other settings. And when the changes occurred, they depended upon other adults meting out demerits and punishments in order to coax the kind of outward behavior they were seeking, while driving the child’s natural personality underground.

There were other challenges as well. Rekers and his colleagues at UCLA had come under intense criticism in the professional literature and in student protest on campus over their use of punitive treatments for “Kraig,” their pseudonym for Kirk. Even Rolling Stone got in on the act with a 1975 investigative article shining a bright spotlight on UCLA and on “Kraig’s” treatment in particular. And so they not only had a practical challenge — how do you get a child to behave the way you want without an adult hovering and watching? — but a public relations one: how do you get a child to behave the way you want without punishing him?

What they needed was a self-monitoring and self-enforcement mechanism so that the child could police himself, rather than having adults policing him. And, they needed a system that involved only rewards and not punishments. That’s where four-year-old “Nathan” comes in:

Nathan was referred at the age of four years, and lived in an intact family with two sisters, aged five years and eleven years. Of etiological significance, Nathan had a chronic blood disorder which required that he remain indoors under very protective circumstances to avoid even mild physical injury. As a consequence. his peer play had been almost exclusively with his two sisters. There was limited interaction between Nathan and his father or any other male figure. He frequently verbalized his wish to be a girl, and identified himself predominantly with female roles, occasionally displaying pronounced feminine voice inflections. Even though both boys’ and girls’ dress-up clothes were available at pre-school. Nathan dressed exclusively in girls’ clothing. His stereotypic feminine gender-role behaviors elicited comments from other children, such as “You can’t be a little girl.” This concerned Nathan’s teacher and parents, and ultimately led to referral for treatment.

Nathan’s case study appeared in the December 1977 issue of the Journal of Behavior Therapy and Experimental Psychiatry. According to Rekers, Nathan was evaluated and found to be extremely effeminate in some ways, but when it came to his choice of games, he was almost equally masculine and feminine in the choices he made — insofar as how Rekers and his colleagues defined “masculine” and “feminine.” The finally settled on a diagnosis of “confused gender identity and moderate cross-gender behavior disturbance,” which didn’t appear in any diagnostic manual anywhere, let alone the APA’s.

For Nathan’s treatment, they decided to try to teach him how to “count” the number of times he played with “boys” toys. The treatment began in the playroom at UCLA, but instead of the mother or another adult wearing an earpiece in order to follow directions from another room, “Nathan” was the one receiving instructions:

The boy wore a wrist counter and was told that although he could play with any toy. he should press the counter only when playing with “boys’ toys.” Each toy was labeled as a “boys’ toy” or a “girls’ toy” for him. Initially the boy was cued with the “bug-in-the-ear” from another room to press the wrist counter after one minute of masculine play. This behavioral cue was gradually faded out by increasing the interval to 2 min. then 6 min. and 8 min. The “bug-in-the ear” device was then removed to increase the feasibility of replicating the procedure at school without the instrumentation.

“Nathan” was given the wrist counter and instructed it to use it when he was in nursery school during play time. He was told that he could play with any toy that he wished, but he couldn’t add points on the wrist counter when he was playing with the girls’ dress-up clothes. Points on the counter meant candy from a dish. After about thirty sessions in the school (Rekers doesn’t say over what period of time this covered), “Nathan” was graduated to “normalcy.” Rekers had another success on his hands. “The present study suggests that self-regulation strategies are effective in producing the same kind of gender role behavior changes previously obtained by social contingency management alone.”

“Social contingency management” is psycho-speak for “the systematic scheduling of consequences of behaviors” — in other words, rewards and punishments. According to this paper, there were no punishments involved, just rewards. But there was still something else involved as well: the stifling of a child’s curiosity and freedom of exploration while playing — even though they found that “Nathan’s” play was well balanced between “feminine” and “masculine.” Success was achieved, according to Rekers, when “Nathan” ceased all “cross-dress-up play” and “feminine role play.” Fortunately, the third goal of the treatment — to get him to stop playing with girls — was abandoned. “The decision was made to allow his frequency of play with girls to continue since it was within the same frequency range as his same-aged peers.”

Reports of follow-ups for “Nathan” were as sparse as they were for  Kirk Murphy, “Carl”, “Paul,” and “Wayne.” At a 1979 conference at the Université du Québec in Montréal, Rekers reported, “Response maintenance of these therapeutic gains was demonstrated by a one-year follow-up evaluation.” In the original paper, Rekers reported interviewing “Nathan’s” parents two years after the treatment ended, and found “gender behaviors within the normal limits.”

Robert Stoller, founder of UCLA’s Gender Identity Clinic, at one point challenged his colleagues to allow their patients to participate in the process of writing and publishing professional papers. It’s a challenge that none of his colleagues took up, leaving us only with the doctor’s word for how things went. There is much about “Nathan’s” case that we don’t know. He was trained to value “masculine” play at the expense of other forms of play, but it’s hard to know how “Nathan” would have internalized those lessons. It’s also hard to say how “Nathan” played when he wasn’t wearing the wrist counter. It appears that Rekers stopped following “Nathan” after the age of seven — or at least stopped reporting on him. This makes “Nathan’s” case an unfinished story, regardless of its ultimate outcome. And so if you remember wearing a wrist counter while you were in nursery school — that can’t be a common memory — we’d really like to hear from you so you can tell us your story.

See Also:
“Carl,” age 8½
“Joan,” age 14
“Nathan,” age 4
“Paul,” age 8
“Wayne,” age 7
And, of course, “Kraig” (Kirk Murphy), age 4

The Daily Agenda for Friday, July 22

TODAY’S AGENDA:
Pentagon To Certify Readiness for DADT Repeal: Washington, DC. On June 29, President Barack Obama told a White House gathering of LGBT advocates that the Pentagon’s certification for the repeal of “Don’t Ask, Don’t Tell” will be a matter of “weeks, not months.” That was three weeks ago and change. Last night, multiple news outlets reported that Defense Secretary Leon Panetta has agreed to certify to the President that the military is now ready to allow gay and lesbian Americans to serve openly in the military. The announcement will be made this afternoon. This comes two weeks after the Joint Chiefs told Panetta that ending the ban will not affect military readiness. The discriminatory policy will formally end sixty days after President Obama signs the certification and submits it to Congress.

Pride Celebrations This Weekend: Burlington, VT; Detroit, MI (Black Pride); Ft. Wayne, IN; Halifax, NS; Harrisonvillle, VA (PDF) and Tampere, Finland.

TODAY’S BIRTHDAYS:
Emily Saliers: 1963. A singer-songwriter and one half of Indigo Girls, she plays the guitar, banjo, mandolin, ukulele and the Greek bouzouki. She met her Indigo Girls partner, Amy Ray, when they were in elementary school together in Decatur, Georgia. Both Girls are lesbian, although Saliers jokes that she prefers “gay” because “lesbian has three syllables.” Their new album, Beautiful Queen Sisters is due in October.

Rufus Wainwright: 1973. His mother was the late Kate McGarrigle, and his father is Loudon Wainwright III. With genes like that, it’s no wonder Rufus won a 1989 Genie Award for Best Original Song when he was only fourteen years old. Rolling Stone named his eponymous debut album as one of the best albums of the year and named him the Best New Artist of 1998. When he was younger, he said that he wasn’t much of a marriage equality supporter. But now that he and his partner, Jörn Weisbrodt, became parents earlier this year, all that has changed. They are engaged to be married.

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