December 6th, 2012
Not to contradict anything that Timothy wrote — he has explained the Mexican marriage decision far more clearly than I ever could — but I wanted to add an answer to a question that maybe some of you asked and others (like myself) didn’t know to ask: What is an Amparo?
It turns out it’s not just any kind of a court case, but a rather special one. Similar to a writ of habeus corpus, which protects an individuals physical liberty, a recurso de amparo — amparo literall means “protection” in Spanish — protects all other forms of liberty. (In fact, habeous corpus in Mexico is just one of five specific types of amparos, called an amparo libertad.) Amparos are a particular kind of constitutional human rights complaint challenging an action which conflicts with the Mexican Constitution and/or international human rights protocols. Amparos, as a legal device, were invented in Mexico in the early 1800s, and their use has spread, in various forms, through much of the Spanish-speaking world.
The couples in these three cases filed amparos charging that Oaxaca’s Civil Code was unconstitutional because it excludes gay couples from marriage and that the Congress of Oaxaca had failed to protect their families, a right guaranteed under the Mexican Constitution. Two of the amparos were denied at the lower court level, and one was approved. The cases were then appealed to the Supreme Court, resulting in that court’s granting of these three amparos.
As Timothy pointed out, these decisions apply only to those parties named in these amparos, in much the same way that a writ of habeus corpus applies only to the named parties in the U.S. Which, as I understand it, means that the decision so far applies only to Oaxaca. It takes five consecutive, identical amparos before the ruling becomes universally binding. Already, couples are going to the Civil Registry Office in Toluca requesting marriage licenses and are prepared to file amparos if their requests are denied. But, as Timothy also explained, many local officials may go ahead and begin issuing marriage licenses to same-sex couples based on these decisions. But if two more officials deny a marriage license and those couples file an amparo, we may get the five decisions bringing marriage equality to yet another nation.
In this original BTB Investigation, we unveil the tragic story of Kirk Murphy, a four-year-old boy who was treated for “cross-gender disturbance” in 1970 by a young grad student by the name of George Rekers. This story is a stark reminder that there are severe and damaging consequences when therapists try to ensure that boys will be boys.
When we first reported on three American anti-gay activists traveling to Kampala for a three-day conference, we had no idea that it would be the first report of a long string of events leading to a proposal to institute the death penalty for LGBT people. But that is exactly what happened. In this report, we review our collection of more than 500 posts to tell the story of one nation’s embrace of hatred toward gay people. This report will be updated continuously as events continue to unfold. Check here for the latest updates.
In 2005, the Southern Poverty Law Center wrote that “[Paul] Cameron’s ‘science’ echoes Nazi Germany.” What the SPLC didn”t know was Cameron doesn’t just “echo” Nazi Germany. He quoted extensively from one of the Final Solution’s architects. This puts his fascination with quarantines, mandatory tattoos, and extermination being a “plausible idea” in a whole new and deeply disturbing light.
On February 10, I attended an all-day “Love Won Out” ex-gay conference in Phoenix, put on by Focus on the Family and Exodus International. In this series of reports, I talk about what I learned there: the people who go to these conferences, the things that they hear, and what this all means for them, their families and for the rest of us.
Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"
Using the same research methods employed by most anti-gay political pressure groups, we examine the statistics and the case studies that dispel many of the myths about heterosexuality. Download your copy today!
And don‘t miss our companion report, How To Write An Anti-Gay Tract In Fifteen Easy Steps.
Anti-gay activists often charge that gay men and women pose a threat to children. In this report, we explore the supposed connection between homosexuality and child sexual abuse, the conclusions reached by the most knowledgeable professionals in the field, and how anti-gay activists continue to ignore their findings. This has tremendous consequences, not just for gay men and women, but more importantly for the safety of all our children.
Anti-gay activists often cite the “Dutch Study” to claim that gay unions last only about 1½ years and that the these men have an average of eight additional partners per year outside of their steady relationship. In this report, we will take you step by step into the study to see whether the claims are true.
Tony Perkins’ Family Research Council submitted an Amicus Brief to the Maryland Court of Appeals as that court prepared to consider the issue of gay marriage. We examine just one small section of that brief to reveal the junk science and fraudulent claims of the Family “Research” Council.
The FBI’s annual Hate Crime Statistics aren’t as complete as they ought to be, and their report for 2004 was no exception. In fact, their most recent report has quite a few glaring holes. Holes big enough for Daniel Fetty to fall through.