Box Turtle Bulletin

New Yorkers Celebrate Marriage Equality

New Yorkers celebrating marriage equality in front of the historic Stonewall Inn (Photo courtesy of Cathy Renna via Facebook)

Thousands have gathered in front of the historic Stonewall Inn, site of the historic 1969 rebellion that is seen as a watershed moment for the modern gay-rights movement, to celebrate the enactment of marriage equality in New York. The New York Senate late Friday evening passed the measure by a vote of 33-29 with four Republicans joining twenty-nine Democrats. The crowd, who had already gathered in front of the Stonewall, erupted into cheers and hugs when the vote tally was announced.

Governor Andrew Cuomo had ten days in which he could sign the bill into law, but he chose instead to fulfill his promise to sign the bill as soon as it reached his desk. He signed the bill shortly before midnight.  “What we did here tonight really brings it all home” he said in a press conference soon after the vote. “This state, when it is at its finest, is a beacon of justice.”

The new law becomes effective in thirty days.

New York Senate Passes Marriage Equality

In a 33-29 vote, the New York Senate this evening passed the Marriage Equality Bill. Four Republican state senators joined 29 Democrats in voting for the measure. The bill, which had gained several amendments aimed at insulating religious institutions from the effects of the bill, passed the lower house earlier by a vote of 82-47 earlier today.

Those exemptions were very minor — they are already a matter of constitutional law under the U.S. First Amendment and the New York constitution’s religious freedom clause, but having them spelled out in the bill itself gave a few Senators the needed cover so they could vote for the measure. LGBT advocacy groups supported the exemptions.

The bill now goes on to Gov. Andrew Cuomo for his signature, and will take effect thirty days after it is signed into law. With his signature, New York will become the seventh state to grant marriage equality to its citizens.

New York City’s pride celebration is this weekend. LGBT New Yorkers definitely has a lot to be proud of today.

UPDATE: Gov. Cuomo signed the bill shortly before midnight, bypassing the normal ten day wait and fulfilling a pledge to sign it as soon as it reached his desk. Marriage equality will arrive in New York on July 24.

New York votes

6:56: The Senate has reconvened.

They are discussing an education bill.

7:02: The education bill passed and they are now making speeches about why they voted for the bill. As best I could tell there was no controversy so this is basically just wasting time for the hope of being quoted in the local paper. (ooops.. still not voted on…. but so far they all seem to love this bill. I’m really not paying it much attention)

[gotta run for a moment… hope I get back before the marriage vote]

7:22: I’m back. They’re still talking about the education bill.

“Thank you, Mr. Speaker. I stand to support/oppose this bill. I wish to repeat exactly what everyone else already said when they stood to get their words down for the papers. I especially want to thank you, Mr. Speaker for your patience in listening to everyone of us ramble on an on, as you and you alone are actually listening.”

7:31 This appears to be Sen. Grisanti’s bill. He is one of the “undecided” votes. I can’t help but wonder …

7:37 And the SUNY bill passes 51 to 11

Moving right on to the Property Tax Cap

7:50: Rent control, property tax caps, and on an on… I know that this is of extreme importance to many New Yorkers so I should be less impatient.

8:08: Sen Diaz has finally said something with which I agree:

Mr. President, tonight is going to be long I believe. And you’ve already noted that some people never agree with me. (he was one of the 11 no votes on the education bill)

8:13: The Catholic Church has weighed in on the concessions that were made on their behalf and at their insistence. As expected, they are as arrogant as always.

“The Bishops of New York State oppose in the strongest possible terms any attempt to redefine the sacred institution of marriage. The matter of religious exemptions has been and continues to be a secondary issue that in no way negates the fact that this bill is bad for society. We urge all Senators to vote no on Governor Cuomo’s bill. Marriage has always been, is now, and always will be the union of one man and one woman in a lifelong, life-giving union. Government does not have the authority to change this most basic of truths.”

If those issues are so secondary, Bishops, what say we just remove them?

08:30: They are still talking about what the press is calling The Big Ugly. Everyone seems to be discussing it in terms of not being quite happy but seeing it as a step in the right direction. Which is a bit amusing as many of them seem to be stepping in different directions.

8:35: After all that talk bill passes 57 to 5 (Diaz voted no… let’s hope he remains an albatross)

Moving right along to Livery car tax.

[I’m heading home… Jim will keep and eye on things… I very much doubt that the marriage bill will come up before I get back to you]

[Jim Burroway takes the helm]

9:43: I have no idea what happened to the Livery car tax. Maybe someone can catch us up with that vital bill in the comments. Right now, Sen. Stephen M Saland (R=Columbia County) is explaining the religious exemption provisions that have been added to the marriage bill. His is listed as “undescided.”

9:47: Sen. Saland has just announced that he will vote for the bill! “I have to do the right thing by treating all persons with equality,” including marriage. A very elequent message, and the needed thirty-second vote.

9:50: They are calling the role to accept the amendments, but Sen. Diaz has asked to explain his vote against the bill. He just read the Catholic vote, and calls on other Catholics to vote according to the church.

9:51: Sen. Hannon (R-Nassau Co.) is now explaining his vote. He had been listed as a no vote. But with the religious exemptions that were added along with the inseverability clause, he is also voting yes.

9.53: The amendments are passed! 36-26!

9:55: Now the roll is being called for the bill itself. Sen. Ruben Diaz (D-Bronx) is speaking against the bill, and is visibly angry with the direction things are going.

9:57: Diaz is “making the Republican party do what the Democrats failed to do when they were in the majority.” The speaker is trying to get Sen. Diaz to hold to his two-minute limit, but Diaz is still speaking. Does he think he can run out the clock?

10:00: Blah, blah, blah… The house speaker is trying to rush him along, and Diaz is only getting more agitated.

10:01: Sen. Diaz is way over his two-minute time limit, and Diaz is still arguing the rule.

10:02: Finally, Sen. Diaz has stopped blabbering and sat down.

10:12: Sen. Thomas K. Duane (D-New York) is now speaking about coming out to his parents. “In the 1980s when people in my community and my neighborhood started of AIDS, if the surviving partner’s name was not on the lease, they got evicted. And I remember going to legal organizations and said they needed help, but they said, no, families will never be recognized.” That led to a state Supreme Court decision protecting non-traditional families. Republicans and Democrats joined together the pass hate crimes legislation and non-discrimination acts. He thanks Gov. Cuomo for his “truthful and strong leadership on this issue.” He also thanks Majority leader Skelos and Minority leader Sampson, and most of all, his partner Lewis. “My nieces and nephews know us as a couple, and we are like married to them…. Marriage says that we are family, Lewis and I are family. And marriage strengthens my family and will strengthen all families.”

10:17: Sen. Mark Grisanti (R-Erie and Niagara Co.) was originally listed as undecided. He was originally against same-sex marriage, but after studying the issue has decided to vote for the marriage equality bill. “By doing the research I believe shows integrity. I wouldn’t respect myself if I didn’t do the research and make an informed decision for the issue that is before me. … I cannot legally come up with an argument against same-sex marriage.” He points to the religious protections in the bill, and feels confident as a Catholic and as a lawyer that the religious institutions are protected. “Civil unions are not equal and cause chaos.” Marriage is the only way to guarantee the rights to same-sex couples that he has. “I apologize to to those who feel offended and were hurt by my votes six months ago, but I do believe someone can be wiser than they were six months ago.”

10:17: They are going into a very brief recess, but right now it looks like that when the roll call results are announced, marriage equality in New York will be a done deal.

10:19: I’m seeing reports that a massive crowd in converging at the Stonewall Inn in New York. Police are trying to keep Christopher Street open to traffic, but it may soon become a lost cause.

10:21: Focus On the Family just now sent out a fundraising appeal to their email list:

While we pray for a resounding victory in New York, Focus on the Family remains committed to upholding marriage and urging men and women to engage the culture in its defense—just as we’ve seen 31 states already uphold marriage at the ballot box. Will you partner with us as we share the importance of protecting God’s design for marriage as well as provide resources to ensure our own marriages—especially those of the household of faith—are healthy and well-rooted in Christ? Please make your gift today.

I guess they haven’t been watching the live stream.

10:26: Senate is back in session. Sen. Carl Kruger (D-Kings Co) is explaining his yes vote. He was one of the no votes in 2009, but explains that the religious exemptions are why he is voting for marriage equality. He is now trying to burnish his pro-gay credentials despite that earlier vote. Oh, well, a yes vote is a yes vote, and when the votes are this close, every vote matters.

10:30: They have announced the results: 33-29. Marriage Equality passed in New York!

The bill will go into effect thirty days after signed by Gov. Cuomo.

[Timothy again]

When I decided to leave for home I assumed we were hours away yet. But traffic was LA Friday night traffic and then my computer decided that it needed to do updates. And then something went wrong and …. well, anyway, I’m here for the celebration.

Congratulations, New Yorkers

Agreement Reached for NY Marriage Equality

[UPDATE: The New York state Senate will vote on same-sex marriage tonight:

The State Senate will vote on same-sex marriage, the Senate majority leader said Friday afternoon, setting the stage for a final decision on the most closely watched issue facing the Legislature as it wraps up its annual session. The exact timing was unclear, thought it was expected to occur Friday evening.]

We now have numerous reports that a consensus has been reached among the Republican Caucus of the New York state Senate on wording for religious exemptions that may allow the bill to move forward for a floor vote:

Senate Republicans were still discussing the marriage bill in a closed-door meeting on Friday afternoon; it remained unclear when — or if — they would permit a vote on the broader legislation. The State Assembly, which approved an earlier version of the same-sex marriage bill last week, would need to approve the new language before the full bill could become law.

Emerging from a meeting with Speaker Sheldon Silver, Assemblyman Daniel J. O’Donnell, a Manhattan Democrat who sponsored the Assembly version of the bill, said that there was an “agreement in principle” on the new language. He predicted that the Assembly would vote to adopt the new language on Friday.

Republicans have made no committment to bring the marriage measure to a floor vote. But a Senate spokesman said the decision would be announced sometime Friday night.

Marriage equality advocates have announced their support for the language. The entire bill has been posted online. The religious exemption appears as follows (text changed from all-caps to sentence case):

S 10-b. Religious Exception. 1. Notwithstanding any  state, local or municipal law, rule, regulation, ordinance, or other provision of law to the contrary, a religious entity as defined under the education law or section two of the religious corporations law, or a corporation incorporated under the benevolent orders law or described in the benevolent orders law but formed under any other  law of  this state, or a not-for-profit corporation operated, supervised, or controlled by a religious corporation, or any employee thereof, being managed, directed, or supervised by or in conjunction with a religious corporation, benevolent  order, or a not-for-profit corporation as described in this subdivision, shall not be required to provide services, accommodations, advantages, facilities, goods, or privileges for the solemnization or celebration of a marriage. Any such refusal to provide services, accommodations, advantages, facilities, goods, or privileges shall not create any  civil claim or cause of action or result in any state or local government action to penalize, withhold benefits, or discriminate against such religious corporation, benevolent order, a not-for-profit corporation operated, supervised, or controlled by a religious corporation, or any employee thereof being managed, directed, or supervised by or in conjunction with a religious corporation, benevolent order, or a not-for-profit corporation.

2. Notwithstanding any state, local or municipal law or rule, regulation, ordinance, or other provision of law to the contrary, nothing in this article shall limit or diminish the right, pursuant to  subdivision eleven of section two hundred ninety-six of the executive law, of any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection with  a  religious organization, to limit employment or sales or rental of housing accommodations or admission to or give preference to persons of the same religion or denomination or from taking such action as is calculated by such organization to promote the religious principles for which it is  established or maintained.

3.  Nothing  in this section shall be deemed or construed to limit the protections and exemptions otherwise provided to religious organizations under section three of article one of the constitution of the  state  of New York.

As I read it, section one exempts religious organizations from providing services or facilities for “for the solemnization or celebration of a marriage.” Section two is somewhat less clear to me. It appears to exempt religious organizations and charities from fair housing and employment rules, nor would it require religious schools to open their admissions policies. Section three is simply a reiteration of the freedom of religion clause of the New York constitution. As I read it, these clauses do not give up very much at all, but merely reinforce religious prerogatives which already exist under existing law. Further, it should be noted that the language of these exemptions applies to all marriages, not just same-sex marriage.

Interestingly, there is also a nonseverability clause:

5-a. This act is to be construed as a whole, and all parts of it are to be read and construed together. If any part of this act shall be  adjudged by any court of  competent  jurisdiction to be invalid, the remainder of this act shall be invalidated. Nothing herein shall be construed to affect the parties’ right to appeal the matter.

It would appear that this may have been intended to strengthen the religious exemption clause. If someone were to successfully challenge the constitutionality of religious exemption portion of the marriage law, then the entire marriage law would be struck down. But it’s hard to imagine that the religious exemptions portion of the law could be challenged. They have been upheld before as being in accordance with the nonestablishment clause of the U.S constitution.

The Daily Agenda for Friday, June 24

TODAY’S AGENDA (OURS):
New York Senate Vote on Marriage Equality (?): Albany, NY. Will the Republican caucus finally succeed in blocking a vote on marriage equality in the state Senate? That appears to be the growing realization late Thursday. Only two Republicans have joined twenty-nine Democrats in publicly declaring their support for marriage equality, one short of a majority in the sixty-two member chamber. But more significantly, marriage equality supporters are a distinct minority in the thirty-two member Republican caucus, which will collectively decide whether to allow a vote on the measure on the Senate floor. Senate Majority Leader Dean Skelos, who himself has said he will vote against marriage equality, insists that the discussion will take place soon and promised an all-nighter in order to wrap up the Senate’s business. That didn’t happen; the Senate adjourned shortly before 11:00 p.m. and will reconvene this morning at 10:00 a.m. One marriage equality supporter, Sen. James S. Alesi (R-Monroe Co.) told The New York Times:

“I don’t see how the conference doesn’t bring this to the floor at this point,” Mr. Alesi said. “I respect the collective will of my conference, but I believe on an issue as important as this to the Republican Party as well as to the L.G.B.T. community, I feel our conference has to bring this bill to the floor.” But Mr. Alesi added, “Albany is not a place to make predictions.”

Just after midnight Eastern Time, NOM sent out a lengthy message to its email list with a link to the entire Republican caucus asking them to put marriage equality up for a referendum. NOM also is targeting these state Senators:

• Stephen Saland: (518) 455-2411
• Andrew Lanza: (518) 455-3215
• Mark Grisanti: (518) 455-3240
• Greg Ball: (518) 455-3111
• John Flanagan: (518) 455-2071
• Joseph Addabbo: (518) 455-2322
• Shirley Huntley: (518) 455-3531

The last two are listed as “yes” votes for marriage equality. Saland and Grisanti are listed as undecided. Lanza is a “lean no” and Ball and Flanagan are both “no.” Empire Pride also wants all New Yorkers to call their senator’s office right now. You can use their  simple click-to-call tool to make your voice heard.

Pride Celebrations This Weekend: Anchorage, AK; Antwerp, Belgium; Augusta, GA; Barcelona, Spain; Baton Rouge, LA; Berlin, Germany; Casper, WY; Chicago, IL; Cleveland, OH; Columbia, SC (Black Pride); Dublin, Ireland; Durango, CO/Four Corners; Harlem, NY; Houston, TX; Knoxville, TN; Lexington, KY; Lisbon, Portugal; Ljubljana, Slovenia; Mexico City, DF; Minneapolis/St. Paul, MN; New Orleans, LA; New York, NY; Oklahoma City, OK; Omaha, NE; Oslo, Norway; Outer Banks, NC; Panama City, FL; Paris, France; Prince Albert, SA; San Francisco, CA; Santa Fe, NM; São Paulo, Brazil; St. Louis, MO; St. Petersburg, FL; St. Petersburg, Russia; Seattle, WA; Valencia, Spain and Wichita, KS.

TODAY’S AGENDA (THEIRS):
Florida Awake!: Naples, FL. Florida is firmly in the hands of a tea-party governor and with the GOP holding 70% of the state Senate and two-thirds of the House, the state is very firmly in conservatism’s tightest grip. And yet for all of that, Liberty Counsel’s Mat Staver thinks “Florida must rise up and take back its state!” (Exclamation point in the original.) That’s why he will be joining discredited “historian” David Barton for an evening of sheer lunacy tonight at the First Baptist Church of Naples.

TODAY IN HISTORY:
Sydney Police Block Pride Parade: 1978. This was supposed to be Sydney’s first Gay Pride Parade, known locally as Mardi Gras, and was planned as a night-time celebration after a morning march and commemoration of the Stonewall riots. (You can see film of the morning march taken with a super-8 camera here.) While homosexuality was still against the law in New South Wales, organizers had obtained all the necessary permits for the celebration beforehand. The evening celebration began simply, with a small crowd walking down Oxford Street on a chilly Australian winter day. The idea was to encourage people to come out from the bars and join the fun. But the crowd aroused suspicions of the police, which had gathered around the group.

By the time the small crowd, estimated at between five hundred and a thousand, reached the end of the street, the police confiscated the sound system, removed their identification badges and turned on the crowd. One participant recalled, “There was, you know, pretty serious bashing and kicking and all sort of things going on. It was a real riot.” Fifty-three marchers were arrested. One marcher recalled that while in police custody, he was beaten so badly he began to convulse on the floor.

“They took me along a long corridor in the police station through a U-shaped route into a room and then just beat the hell out of me. There were two police officers who did that – one in particular – bashing me with their fists in the head and saying ‘you’re not so smart now are you’.” Mr Murphy said he was beaten solidly until a blow to the solar plexus floored him. He was thrown into a solitary cell where he could hear protesters gathered outside chanting his name. “They tried to break my leg but fortunately the bones didn’t snap,” he said. “I was (literally) pissing my pants.”

Although most of the charges were dropped, the Sydney Morning Herald published the full names of everyone who was arrested, outing many to their family, friends and employers. Many lost their jobs. More than thirty years later, many of those surviving original marchers are still waiting for an official police apology.

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).

Jamaican “Murder Music” Star Gets Ten Year Sentence

Buju Banton, at the time of his arrest.

Jamaican dance-hall and “murder music” star Buju Banton was sentenced to ten years in prison today for his role in a large cocaine trafficking deal in 2009. The sentence is the lowest that is legally allowed for the charge against him. According to Banton’s attorney, David Markus, Banton could be out in six years due to time already served and credits for good behavior.

Banton was convicted in February of conspiracy to possess with the intent to distribute cocaine, possession of a firearm in furtherance of a drug trafficking offense and using a telephone to facilitate a drug trafficking offense. An earlier trial last year ended in a hung jury.

Banton, who won a Grammy Award for Best Reggae Album for his latest release “Before the Dawn” in February, is immensely popular in Jamaica. His 1992  single, “Boom Bye Bye” calls for gay people to be shot in the head with automatic weapons, have acid poured on them, and burned “like an old tire wheel.” British LGBT Activist Peter Tatchel called the song “probably the most murderous incitement recorded by any singer anywhere in the world.” In 2007 Banton was among a number of reggae artists who signed the Reggae Compassionate Act, promising to refrain from performing homophobic songs or making homophobic statements. He later deniedsigning the pact, and he has performed “Boom Bye Bye” since renouncing the agreement. His 2009 U.S. tour was marked with protests and concert cancellations. During that tour, Banton asserted that there would be “no end to the war between me and gays.”

Kirk Murphy’s Sister Discusses “Sissy Boy Experiments” On Minneapolis Radio

Maris Ehlers appeared on Dan Barreiro’s radio program yesterday on KFAN Sports Radio in Minneapolis to talk about the tragic experimentation done on her brother at UCLA under George Rekers. In this interview, she explains in detail the treatment that five-year-old Kirk experienced at UCLA and the impact it had, not just on him but on his entire family. It’s a story I reported on extensively in “What Are Little Boys Made Of?“, but I think it is much more powerful to hear her describe it herself.

I’m glad she did this particular interview for two reasons. First, this is an AM sports radio network, whose audience is generally not likely to be aware of this story. My hat goes off to Dan Barreiro for bringing this story to his audience. And second, Maris has become a powerful advocate for Kirk and her family, explaining how it came to be that her parents got involved with the program. It’s easy to see her parents as villains in this tragedy, but Maris explains how their parents were manipulated into proceeding with the federally-funded experiment. And in the process, she is also emerging as a strong advocate for other families who have been affected by ex-gay therapy.

When advertising her photographic services, Maris uses the tag line, “Everyone has a story. Let me tell yours.” Except now she is telling her own and that of her family.

The Daily Agenda for Thursday, June 23

TODAY’S AGENDA (OURS):
New York Senate Vote on Marriage Equality (?): Albany, NY. Trying to predict when the New York state Senate will take up the marriage equality bill is like trying to predict when Amy Winehouse will make it through a whole concert sober. Today might be the day, but then again maybe not. There is talk that there are thirty-two votes available and that a compromise has been worked out, but there is no word yet on when — or even if — the measure will be brought to the floor for a vote. NOM is frantically lobbying to derail the bill, and as a measure of their desperation they’ve even pulled the “ex-gay” card. In an email blast last night, NOM targeted these Senators:

Please call and tell these 7 senators to vote no on the same-sex marriage bill. Marriage belongs to the people of New York, and it’s not just 62 senators, but every New Yorker who deserves to vote on marriage.

Stephen Saland  (518) 455-2411
Andrew Lanza  (518) 455-3215
Mark Grisanti  (518) 455-3240
Greg Ball  (518) 455-3111
John Flanagan  (518) 455-2071
Joseph Addabbo  (518) 455-2322
Shirley Huntley  (518) 455-3531

And if you have trouble getting through on the direct lines, call the Capitol Switchboard at (518) 455-2800 and ask for these 7 senators.

The last two are listed as “yes” votes for marriage equality. Saland and Grisanti are listed as undecided. Lanza is a “lean no” and Ball and Flanagan are both “no.”

Advocates for marriage equality are recommending calls to:

• J. Kemp Hannon: 516-739-1700
• Andrew J. Lanza: 718-984-4073
• Stephen M. Saland: 845-463-0840
• Mark Grisanti: 716-854-8705 | 518-455-3240
• John J. Flanagan: 631-361-2154 | 518-455-2071
• and, of course, to New York Senate Republican Leader Dean Skelos: 518-455-3171. He decides whether the bill will be brought to the floor or not.

Empire Pride also wants all New Yorkers to call their senator’s office right now. Their simple click-to-call tool couldn’t be easier.

Pride Celebrations This Weekend: Anchorage, AK; Antwerp, Belgium; Augusta, GA; Barcelona, Spain; Baton Rouge, LA; Berlin, Germany; Casper, WY; Chicago, IL; Cleveland, OH; Columbia, SC (Black Pride); Dublin, Ireland; Durango, CO/Four Corners; Harlem, NY; Houston, TX; Knoxville, TN; Lexington, KY; Lisbon, Portugal; Ljubljana, Slovenia; Mexico City, DF; Minneapolis/St. Paul, MN; New Orleans, LA; New York, NY; Oklahoma City, OK; Omaha, NE; Oslo, Norway; Outer Banks, NC; Panama City, FL; Paris, France; Prince Albert, SA; San Francisco, CA; Santa Fe, NM; São Paulo, Brazil; St. Louis, MO; St. Petersburg, FL; St. Petersburg, Russia; Seattle, WA; Valencia, Spain and Wichita, KS.

TODAY’S AGENDA (THEIRS):
Ex-Gay “Family Intensive” Weekend: Memphis, TN. Love In Action is the Memphis-based ex-gay program which became famous when a teenager by the name of Zach posted on his MySpace blog that his parents were sending him away to an ex-gay youth program after he came out to them. He also posted the program’s rules that he would be forced to live under while locked away in the “therapy” program. The Exodus-affiliated program quickly became the focus of worldwide controversy and daily protests, as well as a documentary that premiered in San Francisco last month. “Love In Action” was investigated by the state of Tennessee for child abuse and for operating a separate unlicensed drug and alcohol treatment program. Love In Action eventually settled with the state and shut down their youth program.

Love in Action, however, is still in business. This weekend, Love In Action will host what they call a “Family Intensive Weekend” beginning today. Love In Action’s web site doesn’t disclose the cost, but when this program was first announced in 2007,  the cost was $2000 for parents, $3000 if they brought their child along. Ex-gay survivor Peterson Toscano wrote about the effect that a similar program had on his parents. Remember, as we reported in the Kirk Murphy case, parents come under a lot of blame for their children’s sexuality. The victims aren’t just the kids. They include the entire family as well.

TODAY IN HISTORY:
Lawrence v. Texas: 2003.It was on this date in 2003 in which the U.S. Supreme Court issued its landmark ruling striking down Texas’s sodomy law, and laws like it in thirteen other states. In the 6-3 decision, Justice Anthony Kennedy wrote for the majority that the decision specifically overruled the 1986 Bowers v. Hardwick decision which upheld Georgia’s sodomy law. “Bowers was not correct when it was decided, and it is not correct today. It ought not to remain binding precedent. Bowers v. Hardwick should be and now is overruled.” Antonin Scalia wrote a scathing dissent, one part of which is very prescient given current court challenges to the Defense of Marriage Act:

If moral disapprobation of homosexual conduct is “no legitimate state interest” for purposes of proscribing that conduct…what justification could there possibly be for denying the benefits of marriage to homosexual couples exercising “the liberty protected by the Constitution”? Surely not the encouragement of procreation, since the sterile and the elderly are allowed to marry.

TODAY’S BIRTHDAY:
Alan Turing: 1912. It’s hard to imagine what the 21st century would look like without him. The English mathematician, logician, and cryptanalyst practically invented  computer science when he formalized the idea of “algorithm” and “computation” with the Turing machine. During the Second World War, Turing worked for the famous Government Code and Cypher School at Bletchley Park, where he headed the section responsible for German naval cryptanalysis. He devised a number of techniques for breaking German ciphers, including the method of the “bombe,” an electromechanical machine that could determine the settings for Germany’s “unbreakable” Enigma machine. Turing’s efforts were instrumental in Germany’s ultimate defeat when the Enigma code was cracked.

But Turing’s heroism didn’t help him when he was arrested for homosexuality in 1952. Turing was given a choice between imprisonment or probation on the condition he underwent chemical castration via estrogen hormone injections. Turing chose the latter, and his conviction led to his security clearance being revoked. This effectively ruined both his career and reputation. On 8 June 1954, Turing’s cleaner found him dead, with a half-eaten apply laying beside his bed. An autopsy revealed that he died of cyanide poisoning. That apple was never tested for cyanide, but it is believed that this was how he ingested the fatal dose.

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).

New York Marriage Equality NOT Likely Tonight

The Wall Street Journal reports that there doesn’t even seem to be any agreement on the bill coming to the floor:

At the same time, Republicans in the Senate headed for an internal showdown over gay marriage. Most members in the conference expect to bring the bill to the floor in the next two days, but resistance on the bill has provoked frustration among a conference that prides itself on its unity.

“I see it coming to the floor,” said a Republican senator. “People who don’t understand the process are thinking, ‘Don’t bring it up and it will go away for a year.'”

If they block the bill and head home to their districts, the senator said, the governor would likely order them back to Albany for a special session and demand that they take up the measure.

NBC New York quotes a spokesperson for Senate Majority Leader Dean Skelos saying the vote will be “likely tomorrow,” but negotiations are still continuing:

More protection for religious organizations such as adoption agencies and marriage counselors is sought by undecided Republican senators who are key to the vote.

Currently, the Senate appears to be one vote shy of making New York the sixth state where gay marriage is legal. It’s viewed as a critical moment in the national gay rights movement.

New York marriage equality likely tonight

The Wall Street Journal reports

State legislative leaders said Wednesday afternoon there are no major obstacles to a vote on whether to legalize gay marriage.

Democrats and Republicans emerged from meetings with Democratic Gov. Andrew Cuomo and said there is progress toward proposed additional religious protections that could bring a gay marriage bill to the Senate floor for a vote as early as Wednesday night. No deal had been struck as of Wednesday afternoon.

Other contentious matters concerning rent control and property tax have been resolved. The only unaddressed item of business is the senate vote on marriage equality. And if both sides are announcing “progress”, then the terms have been reached, the votes are counted, and all that is left is the orchestration of the waltz.

Here is how I predict the dance will flow:

At some point today, there will be an announcement that a deal has been reached. It will give “serious protections” to church operated marriage counselors, church affiliated adoption agencies, and maybe even church-owned campgrounds. This will be the justification given by the Republican Caucus to authorize Dean Skelos to bring a vote.

During debate, several Democrats will stand and speak of how proud they are to be part of this historic moment and how this is a grand day in equality. One Republican will stand to speak about basic equality and doing the right thing. And one Republican will stand and tearfully announce that this has been the most difficult vote in his life, how he has been torn by deeply held religious convictions but how finally it came down to the fact that he couldn’t tell the gay person in his life (cousin, neighbor, sister) that they just weren’t as good or as worthy as him and his wife.

One or two Republicans will speak about how they are torn and really love their gay friends and they are so so sorry but they just are not ready yet to change the definition of marriage. But no one (with the possible exception of Democrat Rubin Diaz) will quote the Bible or talk about “dangerous lifestyles” or utter a single anti-gay word.

Although marriage equality this year is truly the sole decision of Dean Skelos, the Republican Majority Leader, he will officially vote no. And although Skelos has framed his decision to call the vote as the decision of the Republican Caucus, the majority of Republicans will vote no on the bill. The Caucus has carefully decided who will be the votes to pass the bill and who is “not yet ready”.

And while the bill won’t actually become law until the revisions are approved by the House and the bill is signed by the governor, tonight’s vote will be what counts. The final vote will be around 34 to 28.

Champagne corks will fly, tears will flow, and politicians will beam.

Huntsman on Hannity

Former Utah Governor Jon Huntsman has announced his entry into the race for Republican Presidential nominee. And, unlike many in the race, his is a serious candidacy. Also unlike the others in the race, Huntsman is taking a decidedly different approach to “the gay issue”.

This is in part due to his own personal beliefs and history on the subject. While governor, Huntsman used that office to support the Common Ground Initiative, a panel of (unsuccessfully) basic gay rights bills, which was considered admirable considering the tenor of Utah politics.

But his support for civil unions caught most people by surprise. And a number of commentators wondered if it could be seen as a strategic positioning for a 2012 run, including Box Turtle Bulletin:

However, Jon Huntsman may be playing to a bigger audience than his neighbors. As a successful and popular governor, Huntsman is considered as a potential Republican Presidential nominee in 2012.

If this is part of Governor Huntsman’s strategy to craft his image for Nominee Huntsman, it tells us something interesting about what a conservative Republican in a conservative state predicts American attitudes towards gay couples will be in four years. But whatever his motivation, Huntsman’s support is very welcome.

It remains welcome. As one of the few credible candidates on the Republican ticket, Huntsman’s positions help define the debate. In terms of national perception, the presumption is that civil unions (at least) are the consensus with the President “evolving” and a leading opponent “not open to redefining marriage”, but accepting of states that do.

Huntsman is making a gamble that the Republican Party is ready to drop it mandatory hostility towards gay people. And this is a big gamble – one that John McCain was too fearful (or too foolish) to take.

Long part of the Three G’s that matter to “the base” (guns, gays, and God), gay rights has been an issue on which posturing has been more important than policy. No real problems arose from appointing gay people (even to the head of the RNC) as long as you spoke a good game. A close look at administration over the past several presidencies will reveal that rhetoric was in much greater abundance than significant change in either direction. A cynic might even note that while George W. Bush is known for his nasty 2004 campaign based on supporting a Federal Marriage Amendment, his advocacy for that cause seemed to magically disappear on the day he was reelected.

Huntsman is now challenging that presumption. He is publicly positioning himself as gay-friendly, and it is not an accidental or incidental position. One of the first campaign actions was a glowing endorsement letter sent out from Charles Moran, the President of Log Cabin Los Angeles, on the night before Huntsman’s announcement.

In fact, his lack of hostility towards gays may be the very first thing that sets him apart from the field and makes him recognizable to many Republican primary voters. Taking his message to the heart of “the base”, Huntsman gave his first interview to Fox’s far-right talking head, Sean Hannity.

Hannity: What about some of these areas where… obviously conservative voters are a big part of the voting block in the primary. Your support of climate change which includes cap and taxes and sort of you went along with Arnold Schwarzenegger on that. Civil unions, your support for gays and lesbians, and the right of children of illegal immigrants to go to school. Those are not conservative positions. Uh, you stand by them today?

Huntsman: Cap and Trade, I do not. Cap and Trade is something that every governor looked at, every governor consulted CEOs and the experts on, many years ago. In today’s economic environment, there’s no way that we should be promoting anything that stands in the way of economic and business recovery. And that would.

In terms of civil unions, I am where I am on civil unions. Some will like it, some won’t. I’m traditionalist when it comes to marriage, but I think subordinate to marriage we have not done an adequate job in terms of equality and fairness when it comes to reciprocal beneficiary rights.

Hannity: What about gay marriage?

Huntsman: No I’m not for gay marriage. I’m for ..

Hannity: … gay civil unions.

Huntsman: That’s right.

Hannity: Okay. As you take this to conservative states, early primary states, the Iowa caucuses, South Carolina, um, those probably are not going to be popular positions. Have you thought that through?

Huntsman: Well, we’ve been in many of these states. We’re not competing in Iowa. We’re competing very aggressively in New Hampshire and South Carolina and well in Florida. And I talk about my record. Anyone who wants come up and challenge me on it, I tell them what it is and try to explain it to the best of my ability. You’re not going to win over 100%, nobody ever does, but I think being true to yourself is also very important.

As the campaign season progresses, we’ll see it Republican primary voters are ready to embrace a nominee that is unapologetic about supporting civil unions. And we’ll also see where Huntsman comes down on a number of other issues involving our community.

But regardless of whether one eventually supports or rejects Huntsman, we are witnessing a test of the politisphere. Should Huntsman fare well in this pursuit of the nomination, we may never again see a presidential campaign that features anti-gay positions or policies as a selling point.

Anti-Gay Forces Pull “Ex-Gay” Card in NY Marriage Battle

It’s predictable, isn’t it? At some point in virtually every discussion involving gay people, anti-gay activists point to the so-called “ex-gay” movement to say that if some people can change (or pretend to change) then everyone ought to change and all laws granting even a smidgen of dignity to gay people (let alone anything remotely approaching equality) is unnecessary. We saw this argument before on hate crimes legislation, suicide prevention efforts, and even the current “It Gets Better” anti-bullying campaign. Their answer for everything: change, or at least  pretend to change.

And so now we learn that Anthony Falzarano is now in the New York Capital lobbying against marriage equality, claiming that God “healed” him of his homosexuality. But if there’s anything we’ve learned this past month from Kirk Murphy’s family, “healing” carries a terrible price tag. That’s why every major professional organization argues against ex-gay therapy, citing both the lack of evidence that it works as well as the reports of grave harm that it produces.

Falzarano, who co-founded Parents and Friends of Ex-Gays (PFOX) won’t disclose any of that to his lobbying targets though. Instead, he sees death as a sign from God that homosexuals should change (or at least pretend to change). In fact, that could be the ex-gay movement’s mantra: Change or die.

Will Huntsman Defend DOMA?

Former Utah governor and ambassador to China Jon Huntsman has officially announced that he is running for the GOP nomination for President. Coinciding with that announcement were moves to position him as the most gay-friendly of all the major GOP candidates (leaving aside openly gay Fred Karger). Charles T. Moran, a vice chair for the California Log Cabin Republicans and a political consultant for the Huntsman campaign, released a letter touting Huntsman’s support for the LGBT community, adding as Utah’s governor he’s “talked the talk and walked the walk,” and is “unique in his desire to have a fully inclusive campaign.” He added:

On the domestic front, and as it specifically pertains to our greater LGBT community, Governor and Mrs. Huntsman are particularly supportive of our issues. Governor Huntsman signed into law Utah’s first Civil Unions legislation – a politically courageous move on his part given that state’s politics.

In the relative terms of Utah politics, Huntsman was relatively supportive: he supports civil unions (a position confirmed by a campaign spokesman), but he never actually signed a civil unions bill into law. As anyone who has been remotely paying attention, Utah does not have civil unions. What he did do was sign a bill into law that would allow municipalities to offer domestic partner benefits as long as they weren’t called domestic partner benefits. There is a massive difference between getting a family library card and a civil union. Believe me, the only scenario under which civil unions could come to Utah would be if there was a big empty shell where the LDS headquarters used to be.

Yesterday, Huntsman sought to burnish his pro-gay credentials further, by saying that if New York passes marriage equality into law, he “would respect the state’s decision on that.” It’s not clear however what he means by respecting the state’s decision. The Defense of Marriage Act actually prohibits the federal government, including the president, from respecting any state’s decision to provide marriage equality.

President Barack Obama also supports civil unions but not full marriage equality — a position similar to Huntsman’s — but he says his position is “still evolving.” Some of that evolution appears to include the recognition that DOMA is a discriminatory law that was the product of animus toward a minority, making heightened scrutiny the legal standard under which the law’s constitutionality is to be judged. As a result, last February the Justice Department announced that they could not defend the law under heightened scrutiny in Federal Court.

It’s a fair question to ask whether Huntsman’s respect for a state’s decision extends to recognizing that DOMA as a discriminatory law. We don’t know, but early indications suggest that having staked out a ground that is clearly different from the other major GOP candidates, he now recognizes that he first has to get through the GOP primaries:

REPORTER: Governor, you support civil unions for gays and lesbians like the President does. He suggested he’s evolving on that issue. Can you imagine ever being open to legalized gay marriage?

HUNTSMAN: I think redefining marriage is something that would be impossible and it’s something I would not be in favor of. But I believe, just subordinate to marriage we have not done an adequate job in the area of equality and reciprocal beneficiary rights. And I’ve spoken out about that, my support of civil unions. Some people like it, some people don’t. And folks have said, they’ve said people are going to hold it against you in the Republican primaries. I answer that question all the time and I say it is where I am and it is who I am, and people can take it any way they want.

Richard Socarides, president of Equality Matters, told The Daily Beast, “If you want to vote for a Republican, Huntsman is probably your best option.” In the relative terms of Republican politics, Huntsman’s position is clearly ahead of the others. But there is still plenty of grey areas that he hasn’t addressed — DOMA chief among them, but also anti-discrimination laws and “Don’t Ask, Don’t Tell” — that we still need to hear from him on.

The Daily Agenda for Wednesday, June 22

TODAY’S AGENDA:
Rally for Love and Marriage: Albany, NY. The New York legislative session has been extended, and a lot of issues are coming down to the wire in the New York Senate: rent laws, capping property taxes for homeowners, tuition increases at state universities, and marriage equality. Tentative deals have been reached on all of those issues except one. Guess which one:

But the Senate majority leader, Dean G. Skelos, a Long Island Republican, said that his caucus had not yet decided whether to bring to a vote the most contentious issue facing the Legislature: A bill introduced by Mr. Cuomo and approved by the Democratic-controlled Assembly to legalize same-sex marriage in New York. Thirty-one state senators have endorsed the marriage measure, one vote short of the number needed to pass in the 62-member senate.

Empire Pride also wants all New Yorkers to call their senator’s office right now. Their simple click-to-call tool couldn’t be easier. And especially, contact these Senators and register your support for marriage equality. Most of these Senators are being aggressively targeted by National Organization for Marriage and other anti-gay groups.

Senator Joseph Addabbo, Jr. of Howard Beach (518) 455-2322, addabbo@senate.state.ny.us (declared yes)

Senator Gregory R. Ball of Putnam County (845) 279-3773, gball@nysenate.gov (declared no)

Senator John Flanagan of Long Island (518) 455-2071, flanagan@senate.state.ny.us (declared no)

Senator Charles J. Fuschillo Jr. of Suffolk County (516) 882-0630, fuschill@senate.state.ny.us (leaning yes)

Senator J. Kemp Hannon of Nassau County (516) 739-1700, hannon@nysenate.gov (declared no)

Senator Shirley Huntley of Jamaica (518) 455-3531, shuntley@nysenate.gov (declared yes)

Senator Andrew J. Lanza of Staten Island (718) 984-4073, lanza@senate.state.ny.us (leaning no)

Senator Betty Little of Glens Falls (518) 743-0968, little@nysenate.gov (leaning yes)

Senator Mark Grisanti of Erie County (518) 455-3240, grisanti@nysenate.gov (undecided)

Senator Stephen M. Saland of Poughkeepsie (845) 463-0840, saland@nysenate.gov (undecided)

Those in this list who have declared their support for marriage equality are under withering attack by NOM and other anti-gay forces. Don’t forget to show them your appreciation.

Pride Celebrations This Weekend: Anchorage, AK; Antwerp, Belgium; Augusta, GA; Barcelona, Spain; Baton Rouge, LA; Berlin, Germany; Casper, WY; Chicago, IL; Cleveland, OH; Columbia, SC (Black Pride); Dublin, Ireland; Durango, CO/Four Corners; Harlem, NY; Houston, TX; Knoxville, TN; Lexington, KY; Lisbon, Portugal; Ljubljana, Slovenia; Mexico City, DF; Minneapolis/St. Paul, MN; New Orleans, LA; New York, NY; Oklahoma City, OK; Omaha, NE; Oslo, Norway; Outer Banks, NC; Panama City, FL; Paris, France; Prince Albert, SA; San Francisco, CA; Santa Fe, NM; São Paulo, Brazil; St. Louis, MO; St. Petersburg, FL; St. Petersburg, Russia; Seattle, WA; Valencia, Spain and Wichita, KS.

TODAY IN HISTORY:
Gwen Araujo’s Trial Ends In Hung Jury: 2004. Gwen Araujo, a transgender teen, was murdered at a party two years earlier in Newark, California, by four men after they discovered she was transgender. One of the men, Jaron Nabors, confessed and led police to her grace site in exchange for a guilty plea to voluntary manslaughter. He also testified against the other three: Michael Magidson, 22; Jaron Nabors, 19; and José Merél, 22. Unable to agree on a verdict, the first trial ended on this date with a hung jury and a mistrial, forcing a retrial of the three suspects.

TODAY’S BIRTHDAY:
Jimmy Somerville: 1961. The Scottish pop singer had his moment in the sun in the 1980s as lead singer with the synth pop group Bronski Beat (those of us of a certain age might remember “Smalltown Boy”) and the Communards. After the Communards split in 1988, he embarked on an off-again on-again solo career. His most recent album, 2009’s Suddenly Last Summer, contained acoustic versions of songs he found on his iPod.

Jai Rodriguez: 1979. He was the “culture vulture” for Bravo’s Queer Eye for the Straight Guy. He’s has also done some acting and some singing. In 2002, he created his own musical cabaret show, titled “Monday Night Twisted Cabaret,” which ran at New York gay club xl for a year. In 2005, he created and performed his own one night stage show, “Jai Rodriguez: xPosed,” told the story of Rodriguez’s life and struggle to come out to his religious family.

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).

“Kill The Gays” Bill Author Elevated In Ugandan “Family” and Ruling Party

Ugandan MP David Bahati (AP Photo/Ronald Kabuubi)

There had been speculation that MP David Bahati, author of 2009’s draconian Anti-Homosexuality Bill, would be appointed to Ugandan President Yoweri Museveni’s cabinet at the start of the Ninth Parliament last month. Mercifully, that hasn’t happened. But Bahati’s star nevertheless is rising in the inner circle of Ugandan politics. Last week, Daily Monitor, Uganda’s largest independent newspaper, reported that Bahati has been named the ruling party’s caucus Vice Chairman. He had originally held the title of caucus treasurer.

And that’s not all. The government-affiliated New Vision today reports that Bahati has been named chairman of the Ugandan Fellowship, a branch of the U.S.-based secretive group known as the C Street Fellowship or The Family. The Ugandan fellowship held its inaugural dinner for members of the Ninth Parliament at the Sheraton Hotel Kampala on Friday. While Bahati is now the ruling party’s caucus vice chairman, he stressed that the Fellowship was open to members of all parties:

The chairman of the parliamentary fellowship, David Bahati, said the caucus of God is bigger than all other caucuses and does not discriminate against political affiliations.

The parliamentary fellowship was founded in 1986 by the late Hon. Balaki Kirya, and has since 1991 been organising a prayer breakfast on every October 8.

Bahati said the fellowship, initiated some bills like the Anti- Homosexuality and Anti-Pornography believes in a God led country and God led policies. [sic]

The guest speaker of the inaugural dinner was First Lady and MP, Janet Museveni, who told the gathering:

Members of the 9th Parliament have been urged to enact laws and policies that will build a better Uganda.

The First Lady and minister for Karamoja affairs, Janet Museveni, said this would enable the future generations to live in a better and prosperous country.

Mrs. Museveni said it is God who sets seasons and times, therefore those elected to the 9th Parliament should recognise and fulfil God’s purpose.

The Anti-Homosexuality Bill, which would have provided for the death sentence for the crime of “aggravated homosexuality,” died last month at the close of the Eighth Parliament. Despite numerous inaccurate news reports to the contrary, the bill was not amended to remove the death penalty. Bahati has since vowed to reintroduce the bill into the new Parliament.