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Posts for October, 2014

Stay on North Carolina lifted – CORRECTED

Timothy Kincaid

October 8th, 2014

marriage 2014

Y’all will be excited to know that following Monday’s denial of certiorari by the Supreme Court of the appeal in marriage cases heard by the Fourth Circuit, Chief U.S. District Judge William L. Osteen, Jr. has lifted the stay on same-sex marriage licenses in North Carolina.

We’re also hearing word that marriages licenses may be available in one county in Kansas.

UPDATE -

It appears that the stay was not on marriage case rulings, but rather on the advancement of the cases. Thus marriage equality has NOT come to North Carolina. Yet.

What a Mess (Updated)

Jim Burroway

October 8th, 2014

The Ninth Circuit really stepped into it when, to everyone’s surprise, it preemptively issued a mandate requiring Idaho and Nevada to begin issuing marriage licenses to same-sex couples after ruling that those marriage bans were unconstitutional. As I understand it, mandates like this are typically a last resort act, issued after the winning parties went back home and were unsuccessful in getting the legal entities there to implement the Appeals Court ruling.

In Idaho’s case, that would have meant going to Ninth Circuit panel that issued the stay and ask it to rescind it. That would have given lawyers for Idaho’s Gov. Butch Otter a chance to have their day in court, lodge their intention to appeal and argue that the stay should remain in effect. Otter wasn’t given that day in court, and so it’s pretty easy to see why Kennedy would have slapped the Ninth for short-circuiting the process and overturn the mandate.

As for Nevada, the ordinary path would have been for lawyers for same-sex couples to go back to Federal District Judge Robert C. Jones and petition him to order state officials to begin granting marriage licenses to same-sex couples. Jones had upheld that state’s ban on same-sex marriage in 2012. Jones ordinarily would have had two options. He could have issued the order, or he could have refused to do so. The second option would have seemed unlikely, since the State of Nevada had already said that they weren’t going appeal. But if he had refused to issue such an order, then that ordinary path would have had those lawyers go back to the Ninth to ask for a mandate.

But because the Ninth issued its preemptive mandate on its own initiative, county clerks across Nevada were preparing to begin issuing marriage licenses this morning. But then, Idaho Gov. Otter’s lawyers went to Kennedy to get the mandate overturned, and since the Ninth Circuit combined the two cases into a single mandate “for purposes of disposition,” Kennedy’s overturning of Idaho’s mandate also meant that he overturned Nevada’s mandate as well. Which means that Nevada same-sex couples this morning suddenly found themselves subject to the whims of an Idaho governor, all because the Ninth Circuit’s brash action — and because the Ninth found it too bothersome to type up two separate papers instead of one.

So now the Nevada lawyers were back doing what they ordinarily would have done anyway. They went to Judge Jones and asked him to enforce the Ninth Circuit’s ruling overturning his 2012 ruling and striking down Nevada’s marriage equality ban. Remember those two options I said he had? I left out a third option, the one that he ultimately took: he recused himself this morning and referred the case to the district’s chief judge for reassignment.

Update: Marriages are back on in Nevada.

Justice Kennedy Halts Marriages In Idaho (And Maybe Nevada)

Jim Burroway

October 8th, 2014

In a very surprising move in a week of surprises, Justice Anthony Kennedy stayed (PDF: 40KB/1 page) the Ninth Circuit Court of Appeals’ mandate requiring Idaho to begin granting marriage licenses to same-sex couples. The stay is “pending further order of the undersigned or of the Court” and orders lawyers for same-sex couples to file a response by 5:00 Thursday.

There are a couple of things to think about here. Narrowly, there’s some speculation about whether there was a procedural error when the Ninth combined the Idaho and Nevada cases when it issued its mandate requiring the two states to begin issuing marriage licenses. The fact that Kennedy’s order referenced both the Nevada and Idaho cases may be a possible hint. But more broadly, while the Supreme Court on Monday decided to turn away cases in five states, it doesn’t mean that a sixth state doesn’t still have a right to appeal. Who knows? Maybe Idaho just might have those compelling arguments that the other cases somehow lacked. I doubt it, but it’s still their legal right to give it a shot.

While Kennedy acted on a request from Idaho, it’s unclear whether his order affects marriages in Nevada as well. Nevada already announced that they would not be seeking an appeal.

Idaho Marriages May Begin Today But Governor Seeks Stay

Jim Burroway

October 8th, 2014

Ada County (Boise) Clerk Chris Rich told the Idaho Statesman that he’s ready to begin issuing marriage licenses to same-sex couples when the courthouse opens at 8 a.m. MDT. Rich said that he was acting on instructions from the Idaho Attorney General’s office, which told him to continue issuing licenses “until he hears otherwise.”

That was last night. Early this morning, Idaho Gov. Butch Otter filed a motion with the Ninth Circuit Court of Appeals seeking a stay of the court’s ruling that struck down Idaho’s marriage equality ban as unconstitutional:

“Each same-sex marriage performed will be contrary to the interests of the state and its citizens in being able to define marriage through ordinary democratic channels,” wrote Thomas C. Perry, counsel for the governor, in one of three filings this morning.

A stay would allow the state to seek a review by the entire 9th Circuit Court of Appeals of Tuesday’s ruling by a three-member panel. Perry wrote the state is also prepared to press the matter before the United States Supreme Court.

Whether marriages will actually begin in Idaho this morning is anybody’s guess right now.

The Daily Agenda for Wednesday, October 8

Jim Burroway

October 8th, 2014

TODAY’S AGENDA:
candlelightNevada Marriage Hits The Jackpot. After yesterday’s ruling from the Ninth Circuit Court of Appeals striking marriage equality bans in Idaho and Nevada. There’s no word yet on what Idaho plans to do next, but Gov. Brian Sandoval announced that Nevada would not try to appeal the court’s decision. Attorney General Catherine Cortez Masto said county clerks could still seek a stay sometime in the next fourteen days, but so far none of the county clerks have stepped up to say that they would do so. All of which means that Nevada’s same-sex couples can begin marrying today. Clark County (Las Vegas) Clerk Diana Alba announced that the Marriage Bureau will begin issuing marriage licenses to same-sex couples at 2 p.m. Washoe County (Reno) Clerk Nancy Parent said that they were ready to issue licenses as soon as they got the go-ahead. The Ninth Circuit issued that mandate soon after she made that statement.

Pride Celebrations This Weekend: Ashland, OR; Atlanta, GA; Baltimore, MD (Black Pride); Ft. Meyers, FL; Medford, OR; Oceanside, CA; Orlando, FL; Philadelphia, PA.

AIDS Walks This Weekend: Louisville, KY; Tucson, AZ.

Other Events This Weekend: Iris Prize Film Festival, Cardiff, UK; MIX Copenhagen Film Festival, Copenhagen, Denmark; Octobearfest, Denver, CO; Ft. Lauderdale Gay and Lesbian Film Festival, Ft. Lauderdale, FL; QCinema LGBT Film Festival, Ft. Worth, TX; Key West Bear Fest, Key West, FL; Black and Blue Festival, Montréal, QC; Castro Street Fair, San Francisco, CA; Seattle Lesbian and Gay Film Festival, Seattle, WA; Tampa International Gay and Lesbian Film Festival, Tampa, FL.

TODAY’S AGENDA is brought to you by:

From Our Community (Dallas, TX), October 1971, page 7.

From Our Community (Dallas, TX), October 1971, page 7.

Like a lot of bars of its day, it featured a large dance floor and drag acts. Unlike the other bars though, MAARS didn’t serve alcohol. It was strictly BYOB, which meant that it could stay open long after the other bars closed. It had also meant that the club could welcome teenagers when it opened earlier in 1971, although the policy seems to have changed to eighteen-and-up by October. Later that month, MAARS hosted a special party for the Ice Capades touring company. According to a write-up in Our Community:

And speaking of great shows, 86 members of the Ice Capades Company were recent guests at the Maars Bar for a party and special performance given in their honor. The grand entertainers pulled out all the stops to give the skaters and company members a hearty Texas welcome.

The John F. Kennedy Learning Center, a pre-kindergarten through fifth grade elementary school, now sits on the block where MAARS used to hold court.

TODAY IN HISTORY:
Gay Activists Alliance Protests Aversion Therapy: 1972. There are many schools of psychology, and nearly all of them have one thing in common: in one form or fashion, they typically examine at least some aspect of an individual’s interior life in order to understand that person’s motivation for feeling or behaving the way he does. By understanding and working with what is going on inside — by discovering why the patient feels or thinks the way he does — the therapist hopes to modify what happens on the outside. Behavioral Therapy, however, flips that inside-to-outside model around, by focusing solely on re-directing or re-training the patient’s external behaviors directly. In fact, classical Behavioral Therapy cared little about what was going on in the inside. When taken at its purest form, Behaviorism isn’t much concerned with anyone’s interior life at all, let alone changing it. In fact, some Behaviorists went so far as to argue that what happened internally was irrelevant. The only thing that mattered, they argued, was external behavior.

Schematic diagram of Louis William Max’s device for inducing a powerful electric shock. (Click to enlarge.)

In the 1930s, Behavioral Therapy got a very important tool when New York University’s Louis William Max unveiled his new invention safely administer a painful electric shock to his patient (see Mar 11). The idea was that by administering an electric shock under undesirable conditions, the patient would associate that undesired condition with the painful shock, and would change his behavior to avoid that condition in the future. In 1935, Dr. Max delivered another lecture to describe his first usage for his electric shock apparatus: “Breaking up a homosexual fixation” (see Sep 6).

From then on, behavioral therapists connected thousands of gay men to electrodes and their penises to measurement devices. One twitch of arousal while looking at gay porn would result in a powerful electric shock. While some gay men could work up an aversion to gay sex that way, they rarely became straight. They just became very sick or nervous homosexuals, many of them undoubtedly further burdened with therapy-induced PTSD. Of all of the various types of therapies for “curing” gay people, aversion therapy, as this particular form of behavioral therapy was known, was obviously the most torturous.

And so when the Association for the Advancement of Behavior Therapy (AABT) met for their annual convention in New York City, about a hundred members of the Gay Activists Alliance demonstrated in front of the New York Hilton, shouting slogans and distributing pamphlets. They also performed a bit of guerrilla theater, in which they asked heterosexuals to volunteer to submit to aversion therapy to cure them of their heterosexuality. After about an hour, the protesters marched inside the hotel and confronted about 50 delegates in one of the seminars. Several of the demonstrators compared the AABT’s work to Stanley Kubrick’s film, “A Clockwork Orange.” UCLA’s Dr. Robert Liberman, who served as the convention’s program chair, defended aversion therapy. “The therapists here have no moral quarrel with homosexuality,” he said. “All we want o do is to offer assistance for homosexuals to lead a more comfortable, spontaneous and creative life.” Another delegate, who refused to identify himself, claimed that “aversion therapy is entirely voluntary.”

But GAA spokesman Ron Gold countered that aversion therapy was a form of social engineering. “It is brainwashing,” he said. “You can’t deal with an individual homosexual’s problem without also dealing with the antiquated mores of society. Change must come at a broader, society-wide level.”

In 1973, the American Psychiatric Association would finally remove homosexuality from its list of mental disorders (see Dec 15). When the AABT met again in 1974, its president, Dr. Ian Evans, told the membership that providing treatment to clients seeking to change their sexual orientation was morally wrong generally, and he singled out aversion therapy for particular criticism. Evans’s comments were not well received, and aversion therapy continued for a several more years, including at least one research program at Brigham Young University using aversion therapy on gay students continued through at least 1976.

One of the last papers to be published in the medical journals evaluating electric shock therapy to “cure” homosexuality appeared in 1981. Australia’s Nathanial McConaghy and his colleagues acknowledged “ethical objections to the use of behavior therapy in homosexuality,” but dismissed them and went on to present 10 cases in which men underwent electric shock aversion therapy for “compulsive homosexual urges.” By 1981, aversion therapy had mostly died out and McConaghy’s paper appeared as a strange anachronism.

[Sources: "Therapy scored by homosexuals: 'Aversion cure' is protested at psychiatrists' meeting." The New York Times (October 9, 1972): 32.

Ian M. Evans. “The effect of values on scientific and clinical judgment in behavior therapy." Behavior Therapy 28, no. 4 (Fall 1977): 483-493.

Max Ford McBride. "Effect of visual stimuli in electric aversion therapy." Unpublished doctoral dissertation. (Brigham Young University: August 1976). Available online here.

Nathaniel McConaghy, Michael S. Armstrong, Alex Blaszczynski. “Controlled comparison of aversive therapy and covert sensitization in compulsive homosexuality.” Behaviour Research and Therapy 19, no. 5 (1981): 425-434.

You can also learn more about the role of Behavioral Therapy in attempts to “cure” homosexuality in Blind Man’s Bluff, an epilogue to our award-winning original investigation, What Are Little Boys Made Of?]

40 YEARS AGO: Major Advertisers Boycott Controversial “Marcus Welby., M.D.” Episode: 1974. By the early 1970s, the National Gay Task Force had positioned itself as the primary watchdog of the national media’s portrayal of gay people, and because of that, some producers and networks began soliciting advice from the group whenever plots involved gays and lesbians. But whether they accepted the advice from the NGTF or not was another matter altogether, as evidenced by one of the earliest consultations from ABC. The network was planning an episode of Marcus Welby, M.D. called “The Outrage,” which depicted a junior high school boy named Ted who was forcibly raped by a male science teacher. The storyline was unusually graphic for its time, describing Ted’s intestinal damage and hemorrhaging. Ted refuses to talk about what happened, fearing that being raped meant that he was gay. While Ted is in surgery, police arrest the teacher for trying to molest another boy. Ted awakes from surgery ready to testify, and the investigating officer congratulates him for handling the situation like a “real man.” ABC defended the episode by saying it was about pedophilia, not homosexuality. But the storyline played much too closely to the old stereotype of gay men forcibly preying on children.

This wasn’t the first time Marcus Welby, M.D. had drawn the ire of gay activists. The year before, an episode titled “The Other Martin Loring” featured a man whose  alcoholism, weight problems, depression and diabetes were blamed on his repressed homosexuality, which itself was depicted as a mental illness (see Feb 20). By the end of that episode, Dr. Welby advised Loring to see a psychiatrist so that Loring will win his “fight” to live a “normal” life. About three dozen gay activists occupied ABC’s offices, but the network refused to alter the episode.

With “The Outrage,” ABC may have wanted to avoid a repeat of that noisy experience, but why they decided to consult with the NGTF is a mystery since the network refused to take the NGTF’s concerns seriously. The only positive outcome of that consultation was that it gave the NGTF, along with the Gay Activist Alliance, a head start in organizing a massive national campaign aimed not only at the network itself, but also at its affiliates and advertisers. On that last point, the GAA had a particular advantage: one of its members worked in ABC’s computer room and had access to the network’s advertising accounts. Whenever an advertiser cancelled, the employee would pass the information on to the GAA, and it would soon appear in major newspapers — sometimes before the network’s vice president knew about it.

Meanwhile gay advocacy groups around the country staged noisy protests outside of stations in Los Angeles, San Francisco, Chicago, Denver, and Washington, D.C., along with several smaller market stations in Ohio, Iowa, Mississippi, Texas and Idaho. The first station to announce it was dropping the episode was Philadelphia’s WPVI, which was under intense pressure from the city’s very active gay community. Mark Segal, who had already established himself as a masterful “zapper” of live television when he interrupted Walter Cronkite’s CBS newscasts (see Dec 11), may well have been a strong motivator behind WPVI’s decision. “We are gratified by Channel 6′s decision,” he told the press.” It is the first time they have made such a decision in regard to us and we salute them. We hope it will be the first step between us and the station that will result in a better understanding of our position.”

Altogether, seventeen ABC affiliates ended up dropping the episode, and nearly a dozen sponsors had pulled out, including Bayer, Gallo Wine, Listerine, Ralston Purina, Colgate-Palmolive, Shell Oil, Lipton, American Home Products, Breck, Sterling Drug and Gillette. (Ralston Purina even wrote the NGTF sending “best regards” and added, “We do not wish to sponsor a program not welcome in everyone’s home.”) The protest was marked as a success in newspapers across the country, but it proved to be a very temporary one: just one month later, NBC would air an episode of Police Woman titled, “Flowers of Evil” (see Nov 8), which TV Guide called “the single most homophobic show to date.”

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

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

Nevada marriages start on Wednesday

Timothy Kincaid

October 8th, 2014

Nevada’s Gov. Sandoval (R) and Attorney General Cortez Masto (D) issued a joint statement that the state will not be taking any further action on the matter and that marriage licenses will be available midday Wednesday.

The state ceased defending the ban several months ago.

Ninth Circuit adds Nevada and Idaho before the dust even settled

Timothy Kincaid

October 7th, 2014

marriage 2014

As a consequence of yesterday’s denial of certiorari from the Supreme Court on marriage equality cases, we’ve all predicted that West Virginia, North Carolina, South Carolina, Wyoming, and Kansas would be next. But before judges could even consider, much less issue, rulings on the unconstitutionality of anti-gay marriage bans in those states, the Ninth Circuit has ruled on two more.

Idaho and Nevada have now been added to the marriage equality total.

This is not exactly a shock. After observing the questions presented at the appeals hearing, all pundits agreed that the conclusion was foregone.

Idaho’s ruling overturning their ban – which was fiercely opposed by Gov. Butch Otter (tee-hee) – was upheld. Nevada’s ruling allowing the ban – which was not given support by the state – was reversed.

It is highly unlikely that a stay will be issued. Same sex couples in those states (and casino chapels and Elvis impersonators) can now rejoice.

So now added to the ‘just until the papers are filed’ category are:

Alaska
Arizona
Montana

(and probably Guam and the Northern Mariana Islands)

The Daily Agenda for Tuesday, October 7

Jim Burroway

October 7th, 2014

TODAY’S AGENDA is brought to you by:

From the San Francisco Hotel Greeter's Guide, 1958, page 47.

From the San Francisco Hotel Greeter’s Guide, 1958, page 47.

Finocchio'sA list of must-sees for San Francisco tourists in the late 1950s aren’t much different from today’s tourists: Fisherman’s Wharf, the famous Cable Cars, Coit Tower and, for many, a dip into the city’s gay culture. Finocchio’s was never, strictly speaking, a gay bar, but this advertising in a tourist guide placed in hotel rooms is testimony to the night club’s popularity with tourists. The club started as Club 201, a speakeasy during Prohibition, and moved to larger quarters in 1936 and changed its name to that of the club’s owner, Joe Finocchio, which also just happens to be a nice Italian word for fennel and a not so nice Italian word for gay. Since the 1930s, Finocchio’s was the most famous drag club in the entire country, featuring many drag acts by both gay and straight performers. Joe Finocchio died in January 1986, and his widow finally decided to close the club  in 1999 due to rising rents and dwindling audiences.

“I don’t want to marry anyone for at least two years.”(Click to enlarge.)

TODAY IN HISTORY:
60 YEARS AGO: Liberace’s Girl Meets Mom: 1954. So here’s something I’m sure you’ll get a kick out of:

Liberace’s Girl Meets Mom, But No Wedding, By George!

Hollywood, Calif., Oct 7. — Pianist Liberace says that “there isn’t a word of truth to the report that I am engaged” to marry dancer Joanne Rio.

The report popped up yesterday and Liberace promptly denied it.

He said: “I was misquoted and I am very embarrassed for Joanne, who is a lovely girl and an understanding friend.

“I don’t want to marry anyone for at least two years — until I’ve made the motion picture I am planning for Warner Brothers and have a chance to tour Europe, which I plan to do next year.”

Friends say he dates other girls, but that Joanne is the only one he brings home to mother.

Miss Rio is a pretty brunette. She is the daughter of Eddie Rio, West Coast head of the American Guild of Variety Artists.

Liberace had no sooner announced his engagement to Rio when he quickly backtracked before the day was out. It appears that Joanne Rio was something of an on-again/off-again for Lee. They appeared together a month later on the cover of TV Guide, where Rio was introduced as Liberace’s “favorite date.” “If it’s God’s will that Liberace and I get married, then we will. I’m leaving everything in God’s hands,” she told the magazine. God’s hands, apparently, were busy elsewhere.

San Francisco Progress headline for October 7, 1959.

55  YEARS AGO: S.F. Mayoral Candidate Charges Incumbent With Allowing City to Become “Deviate Headquarters”: 1959. The Mattachine Society’s sixth annual convention in Denver, conducted over the Labor Day weekend in September that year, was judged to be one of the more successful conventions in the organization’s history. It featured a good roster of speakers, positive publicity from the Denver press, and little jostling among factions. Even the business meeting was rather routine, with a few dull resolutions passed, often unanimously, along with the announcement that the next convention, in 1960, would be held in San Francisco, where the Society was headquartered.

But one of those quiet, noncontroversial resolutions became headline news as San Francisco was gearing up for the mayoral elections in November, when the tiny The San Francisco Progress’s October 7 edition blared, “Sex Deviates Make S.F. Headquarters,” and placed the blame for it on incumbent mayor George Christopher:

A just-completed survey of vice conditions in San Francisco discloses that this city, during the Christopher administration, has become the national headquarters of the organized homosexuals in the United States. It is a sordid tale, one which will revolt every decent San Franciscans, but one which the San Francisco Progress believes is of vital importance to our city, and therefore must be told.

The survey was made in an effort to determine the truth or falsity of George Christopher’s claim that he has given the people a “clean city.”

The facts are that some of the big call girl operations and a number of minor bookmakers have been put out of business. But in their place another form of vice – - homosexualism — has been allowed to flourish to a shocking extent, and under shocking circumstances.

Last month at a convention of deviates in Denver, Colorado, a resolution, passed unanimously, praised the mayor of San Francisco — by name — for an “enlightened administration” which has permitted the group to flourish here.

The paper published a photocopy of the official resolution, which praised “the efforts of law enforcement authorities in San Francisco based upon an officially administered entity, enlightened, and just City Government and Police Force,” and expressed its appreciation “to Mayor George Christopher and Police Chief Thomas Cahill for their persistent and consistent efforts to conduct their administration with these high ideals foremost in mind.” City Assessor Russell L. Wolden, the Democratic candidate who was challenging Mayor Christopher in the November election, immediately jumped on the issue, telling The Progress:

“This is a matter of grave concern for every parent,” Russell L. Wolden, assessor and candidate for mayor, declared today. “It exposes teenagers to possible contact and contamination in a city admittedly overrun by deviates. For a city administration to permit this situation to exist is nothing less than scandalous. The whole rotten mess cries for investigation.”

Wolden repeated his accusations against Christopher in a speech broadcast on radio that night, and described the Mattachine as an organization that “conducted classroom instruction for deviates” and published literature of “the most lurid, disgusting and distasteful sort.”

William P. Brandhove (left) with Russell L. Wolden.

But the very next day, the entire campaign against Christopher began to fall apart when city’s three major newspaper, The Chronicle, The Examiner and The News-Call-Bulletin all uncovered the identity of man responsible for the resolution. William P. Brandhove, a Wolden campaign worker, had signed himself up as a Mattachine member just days before the convention, where he introduced his resolution to the executive board. “We thought it was just an innocent expression in favor of tolerance in San Francisco,” Mattachine secretary Donald Lucas told the newspapers. “We had no idea that it was intended or might be used for any political purpose.”

When reporters tried to find Brandhove for comment, they found that he had quickly checked out of the Grand Hotel in San Francisco’s Tenderloin, which was then the heart of the gay community. They eventually tracked him down in his Wolden campaign bumper sticker-plastered car. Brandhove admitted that he had, in fact, attended the convention. “I’m not a homosexual but I joined the Mattachine Society only to find out about its activities.” He also tried to distance the Wolden campaign from his activities, although he admitted to turning over copies of the resolution to his attorney, Ralph Taylor — who also just happened to be Wolden’s campaign treasurer — telling Taylor to “make sure it’s used.”

Brandhove’s name was already well known among San Francisco’s political establishment. He had been involved in a similar smear campaign in a 1948 congressional contest and the 1949 mayor’s race. He was also wrapped up in a local blackmail trial involving a small-time publisher of a scandal magazine who extorted large sums of money in exchange for agreeing not to print allegations of homosexual affairs. The Chronicle said Brandhove was “known to police and the underworld as an unreliable stool pigeon,” and noted that he had been arrested in 1930 in Jersey City, New Jersey on a charge of sodomy.

“Want some feelthy campaign issues?” San Francisco Chronicle editorial cartoon.

The papers immediately branded the entire operation a “smear,” which not only tarnished the good name of the honorable mayor, but the city itself and its citizenry, a charge underlined by the mayor himself. “In a blind drive for office, my opponent has degraded the city,” said Christopher. “Under no circumstances would I covet any office so much that I would stoop to maligning somebody.” Democrats also lambasted Wolden, with Democrat Club president Franklyn K. Brann saying “I didn’t know the Mattachine Society was running for Mayor.” The Chronicle and The News-Call-Bulletin called for Wolden to withdraw from the race. The Examiner blasted him for offending “the tenets of political decency of the Democratic Party that he so recently joined.” But instead of calling for Wolden to withdraw, The Examiner instead called on voters to kick him out.

And so they did. Seventy-one percent of registered voters turned out on November 3 and re-elected Christopher with in a 61% to 39% landslide. Meanwhile, the Mattachine Society, which had lodged a $1 million lawsuit against Wolden, reported that they were “deluged with telephone calls and visits from friends, well-wishers, curiosity-seekers and others” as a result of the controversy. Wolden managed to stay on as the city’s assessor until 1966 when, after twenty-seven years in office, he was convicted on eight counts of bribery and one of conspiracy for accepting payoffs in exchange for lower tax assessments.

[Sources: Wes Knight. "Smear Drive." The Mattachine Review 5, no. 11 (November 1959): 12-15.

"Sex deviates make S.F. Headquarters: 'Enlightened' city rule earns praise." San Francisco Progress (October 7, 1959). As reprinted in The Mattachine Review (November 1959): 15-24.

Yancey Smith. "'Mystery man' seen in 'smear'." The San Francisco News-Call-Bulletin (October 8, 1959). As reprinted in The Mattachine Review (November 1959): 24-25.

George Draper. "Praise of Mayor's policy on deviates engineered by ex-police informer." The San Francisco Chronicle (October 9, 1959). As reprinted in The Mattachine Review (November 1959): 26-29.]

Walter Jenkins

50 YEARS AGO: Top Johnson Aid Outed In Sex Scandal: 1964. Walter Jenkins and Lyndon B. Johnson went way back, all the way back to 1939 when Johnson was still a young member of the U.S. House of Representatives. For the next 25 years, Jenkins was Johnson’s right hand man and top administrative assistant as Johnson rose through the ranks as Senator, Senate Majority Leader, Vice President, and ultimately President following John F. Kennedy’s assassination. Journalist Bill Moyers, who was Johnson’s press secretary praised Jenkins’s political skills: “When they come to canonize political aides, [Jenkins] will be the first summoned, for no man ever negotiated the shark-infested waters of the Potomac with more decency or charity or came out on the other side with his integrity less shaken. If Lyndon Johnson owed everything to one human being other than Lady Bird, he owed it to Walter Jenkins.”

But Johnson would effectively wind up losing his right arm during the final weeks before the 1964 presidential election when District of Columbia police arrested Jenkins at a YMCA restroom and charged him with disorderly conduct. That was not-so-subtle code for going down on a stranger in a men’s room. Jenkins paid the $50 fine. Republican operatives tried to shop the story to the press, but those were the days when a fellow’s private life was still considered off-limits. The Chicago Tribune and the Cincinnati Enquirer both turned the story. But on October 14, an editor for the Washington Star called the White House seeking comment on the arrest. White House staff tried to lobby all three Washington newspapers not to run the story, but that only confirmed the rumors. Administration staffers then tried to chalk the incident up to exhaustion and stress, but it soon came out that Jenkins had been arrested in 1959 on similar charges. The Star ran its story and a shocked President Johnson obtained Jenkins’s resignation that same day.

But a scandal that could have caused significant damage to the presidential campaign was soon pushed off of the front pages by two back-to-back international crisis. Nikita Khrushchev was unceremoniously dumped as Soviet Premier that same day, and China detonated a nuclear bomb two days later. Some members of the Goldwater campaign made a half-hearted effort to drum up outrage over Jenkins — it issued bumper stickers reading “All the way with LBJ but don’t go near the YMCA” — but Goldwater himself declined to make the incident a campaign issue. “It was a sad time for Jenkins’ wife and children, and I was not about to add to their private sorrow,” he later wrote.

Jenkins’s career may have been over, but the genuine good feelings held by Johnson administration insiders were undiminished. Jenkins received a large number of letters of support from administration officials and a personal endorsement from Lady Bird, who wrote an open letter that was published by several newspapers: “My heart is aching today for someone who has reached the end point of exhaustion in dedicated service to his country.”

Jenkins and his wife, Marjorie, moved back to Texas and remained together until separating in the early 1970s, although the two never divorced. Meanwhile Jenkins’s absence at the White House was keenly felt. Johnson Press Secretary George Reedy once commented, “A great deal of the president’s difficulties can be traced to the fact that Walter had to leave…. All of history might have been different if it hadn’t been for that episode.” Attorney General Ramsey Clark felt that Jenkins’s resignation “deprived the president of the single most effective and trusted aide that he had. The results would be enormous when the president came into his hard times. Walter’s counsel on Vietnam might have been extremely helpful.”

TODAY’S BIRTHDAY:
50 YEARS AGO: Dan Savage: 1964. The Chicago native grew up attending Archbishop Quigley Preparatory Seminary North, which is described as a high school for young men considering the priesthood. (Other graduates include Cardinal Edward Egan and sociologist/novelist Fr. Andrew Greeley.) After graduating from the University of Illinois in Urbana, Savage moved to Madison, Wisconsin, where he got to know Tim Keck, co-founder of The Onion, who was about to go to Seattle to establish the alt-weekly The Stranger. Savage told him to make sure the paper had an advice column because “everybody claims to hate ‘em, but everybody seems to read ‘em.”

To Savage’s surprise, he ended up being that columnist, when his sex advice column “Savage Love,” appeared in the very first edition of The Stranger in 1991. Since then, “Savage Love” has been the source of a number of well-known neologisms: GGG (good, giving, game, to describe an ideal sex partner), Monogamish, Pegging, “The Campsite Rule” (when starting a relationship with a younger partner, leave them in better emotional and physical shape than when you started), Saddlebacking (the phenomenon of Christian teens engaging in unprotected anal sex in order to preserve their virginities), and, his most famous one, Santorum.

In late 2010, when Billy Lucas became the latest in a tragic line of teens who had killed themselves because of anti-gay bullying, Savage wrote:

I wish I could have talked to this kid for five minutes. I wish I could have told Billy that it gets better. I wish I could have told him that, however bad things were, however isolated and alone he was, it gets better. But gay adults aren’t allowed to talk to these kids. Schools and churches don’t bring us in to talk to teenagers who are being bullied.  Many of these kids have homophobic parents who believe that they can prevent their gay children from growing up to be gay—or from ever coming out—by depriving them of information, resources, and positive role models.

Why are we waiting for permission to talk to these kids? We have the ability to talk directly to them right now. We don’t have to wait for permission to let them know that it gets better. We can reach these kids.

The way to reach those kids was through videos uploaded on the Internet. Since 2010, the It Gets Better project has hosted some 50,000 videos from around the world with a simple message: just hold on and it will get better. The project was given a special 2012 Emmy award for “strategically, creatively and powerfully utilizing the media to educate and inspire.”

Savage is editor of The Stranger, and his “Savage Love” column appears in alternative weeklies across North America. He writes his advice column at the desk once owned by Eppie Lederer, better known as Ann Landers. Savage also records a weekly  Savage Lovecast  podcast. He has written six books, edited another, contributed op-eds for The New York Times, and has made numerous appearances on talk shows and news programs. His latest book, American Savage: Insights, Slights, and Fights on Faith, Sex, Love, and Politics, came out in 2013.

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

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

The Fourth Stage of Grief Is Depression

Jim Burroway

October 6th, 2014

MohlerAlbert Mohler, president of the Southern Baptist Theological Seminary, calls today’s Supreme Court action “a vindication of Antonin Scalia,” whose angry dissents in Lawrence v. Texas and Windsor v. US warned that this day would come. And that leaves Mohler feeling a bit down:

As of last week, 19 states and the District of Columbia had legalized same-sex marriage by one means or another. The Court’s decision not to take one of the cases from the lower Federal courts means that every one of them stands. Therefore, not only will same-sex marriage be legal in the states that made a direct appeal, but in every state included within the same U.S. Circuit.

That result is that the decision made clear by the Court will lead, automatically, to the fact that 30 states will have legal same-sex marriage within weeks, if not days. The news from the Court means that the vast majority of Americans will live where same-sex marriage is legal, and three fifths of the states will have legalized same-sex marriage.

But the Court’s decision also sent another even more powerful message. The remaining federal courts were put on notice that same-sex marriage is now the expectation of the Supreme Court and that no appeal on the question is likely to be successful, or even heard. You can expect the lower courts to hear that message loudly and clearly — and fast.

This day in U.S. legal history will be remembered for many years to come as a landmark day toward same-sex marriage. It was the day the nation’s highest court took one of the lowest paths of least resistance. It now seeks to maintain its prestige by avoiding the backlash the Court experienced in the aftermath of Roe v. Wade in 1973. It wants to have its victory without taking further risks to its reputation.

Working Through the Five Steps of Grief

Jim Burroway

October 6th, 2014

The first step in the Kübler-Ross model is denial and the second step is anger, but leave it to anti-gay activists to go through the steps in the wrong order. They hit anger first, but now they’re backtracking to denial:

And Concerned Women for America’s Penny Nance:

“It is important to note that the Supreme Court has not ruled on the constitutionality of same-sex ‘marriage.’ They have merely declined to address the issue at this point in time, and that is actually better than imposing their view of marriage on the whole country. Americans are having a robust debate on this important issue, and for the Supreme Court to interrupt that debate and decide the issue for the country would be disastrous.”

And then there’s this, from the Family Policy Institute of Washington:

However, this is certainly not the final word on this subject either in the courts or in the culture. In the courts, there are several other cases working their way up through the system. The Supreme Court could be waiting for one of those cases to delay their final decision a couple of years. Culturally, the conversation over this issue is just getting started. In one sense, proponents of redefining marriage are just finishing their opening argument. Time will afford the chance for a rebuttal.

…In thirty years, it is the children of same-sex relationships who will be arguing most forcefully on our behalf. That is not because those children will hate the same-sex couples who raised them but because they will be immune to the argument that the only possible reason to support natural marriage is because you hate gay people. They will also have a perspective that those who deal only in theory and never in practice will have no response for.

The other steps are bargaining, depression and acceptance. I’m not sure where delusional falls into the scheme of things.

Marriages Have Begun

Jim Burroway

October 6th, 2014

In Indiana:

Katie Burris, left, and Evangeline Cook are all smiles after they walk away with their marriage license, at the Marion County Clerk's office in the City/County building, Monday, October 6, 2014. (via Indianapolis Star)

“Katie Burris, left, and Evangeline Cook are all smiles after they walk away with their marriage license, at the Marion County Clerk’s office in the City/County building, Monday, October 6, 2014.” (via Indianapolis Star)

The Marion County Clerk’s Office and other counties have begun issuing marriage licenses for same-sex marriages.

…”Defending Indiana’s statute at trial and on appeal was our duty as attorney for our state government and was necessary,” said Indiana Attorney General Greg Zoeller. “Our legal system is based on the bedrock principle that both sides in a dispute will be zealously represented by counsel who will advocate for their clients so that the courts can weigh the arguments and decide. Our constitutional process for testing the validity of statutes worked as intended, and Indiana’s legal defense has been conducted with civility and respect for all sides and within existing resources.”

In Oklahoma:

Mary Bishop and Sharon Baldwin — the Tulsa County couple that filed a federal challenge to Oklahoma’s ban a day after it was approved by voters in 2004 — were among the first couples to get a license. In Oklahoma County, the first couple to get a license was Lauren Marie Tidwell and Sara Michelle Yarbrough.

Which, of course, has political leaders upset:

Tulsa County Court Clerk Sally Howe Smith, who defended Oklahoma’s marriage ban after denying a license to Bishop and Baldwin, was represented by the Arizona-based legal group Alliance Defending Freedom.

Byron Babione, senior counsel for the group, said, “The court’s decision not to take up this issue now means that the marriage battle will continue. Several federal courts — including those in the 5th, 6th, 8th, and 11th circuits — still have cases working their way to the Supreme Court. (Alliance Defending Freedom) will continue to remain a leader in the critical effort for the freedom of the people. The people should decide this issue, not the courts.”

Oklahoma Gov. Mary Fallin and Oklahoma Attorney General Scott Pruitt also criticized the court’s inaction.

“The will of the people has now been overridden by unelected federal justices, accountable to no one,” Fallin said. “That is both undemocratic and a violation of states’ rights. Rather than allowing states to make their own policies that reflect the values and views of their residents, federal judges have inserted themselves into a state issue to pursue their own agendas.”

In Utah:

"Kelli Frame, left, and Suzanne Marelius become the first same-sex couple to apply for a marriage license at the Salt Lake County Complex on Monday morning." (via Salt Lake City Tribune)

“Kelli Frame, left, and Suzanne Marelius become the first same-sex couple to apply for a marriage license at the Salt Lake County Complex on Monday morning.” (via Salt Lake City Tribune)

Salt Lake County District Attorney Sim Gill said marriage licenses would be immediately issued to same-sex couples.

“Not to issue one would be a violation of the 10th Circuit’s mandate and a violation of these couples’ constitutional rights,” Gill told The Salt Lake Tribune. “We’ve given the go-ahead to begin issuing [marriage] licenses right away.”

Gov. Gary Herbert said at a news conference that he sent a letter to his cabinet members ordering them to recognize all legally performed marriages, that gay couples can follow the same process as everyone else to get benefits.

“We are a nation of laws and we here in Utah, we’ll uphold the law,” Herbert said.

In Virginia:

Nicole Pries, Lindsey Oliver

Thirty-year-old Lindsey Oliver and 42-year-old Nicole Pries received the first same-sex marriage license issued from the Richmond Circuit Court Clerk’s office shortly after 1 p.m. Monday.

Upon leaving the courthouse, they were married by gay-rights advocate The Rev. Robin Gorsline.

The couple said Monday also was the anniversary of a commitment ceremony they held on a North Carolina beach three years ago.

And soon, in Wisconsin:

Speaking to reporters after a campaign event at a farm here, GOP Gov. Scott Walker said the state was abandoning its fight to keep its same-sex marriage ban.  … Asked if the U.S. Constitution should be amended to ban same-sex marriage, Walker downplayed the notion, saying, “I think it’s resolved.”

“For us, it’s over in Wisconsin,” Walker said of the fight over gay marriage. “Others will have to talk about the federal level.”

Where things stand on marriage

Timothy Kincaid

October 6th, 2014

marriage 2014

Dark purple: marriage equality
Light purple: covered by today’s denial of certiorari
Red: everything but the name domestic partners

It’s now become difficult to keep track of the states which have equality, those who kinda sorta may, and those who today do not. The current marriage position is as follows:

First Circuit

All states in the First Circuit have marriage equality either through legislative action or state court rulings:

* Maine
* New Hampshire
* Massachusetts
* Rhode Island

(Puerto Rico is within the First Circuit but is not directly impacted by today’s ruling)

Second Circuit

All states in the Second Circuit have marriage equality through legislative action:

* Connecticut
* New York
* Vermont

Third Circuit

* Delaware has marriage equality through legislation
* New Jersey has marriage equality through state court ruling
* Pennsylvania has neither marriage nor other recognition nor is it directly impacted by this decision. marriage equality through a federal court ruling that was not appealed by the state.

Fourth Circuit

* Maryland has marriage equality through legislation
* The Fourth Circuit has ruled that same-sex marriage bans are a violation of the US Constitution. That ruling did not receive a hearing before the high court and Virginia has marriage equality through today’s denial of certiorari
Three states are but a legal formality from marriage equality:
* West Virginia
* North Carolina
* South Carolina

Fifth Circuit

The Fifth Circuit has not yet ruled on marriage equality appeals.

* In February a federal judge ruled that Texas’ marriage ban is unconstitutional. That ruling has been appealed but not heard. It is on stay.
* Judge Martin Feldman ruled that Louisiana’s marriage ban is just hunky-dory, becoming the first federal ruling for inequality since the Supreme Court’s ruling on Windsor. That ruling has been appealed but not heard.
* There has not been a ruling about the constitutionality of Mississippi’s ban in federal court.

Sixth Circuit

The Sixth Circuit has heard argument on marriage equality appeals but has not yet ruled. Pundits believe this court to be split with one opponent of equality, one supporter, and one justice who did not indicate his inclination. Marriage is on stay in this circuit.

* In February, a federal judge ruled that Kentucky’s marriage ban is unconstitutional.
* A ruling in Ohio found that bans on recognition of out of state same-sex marriages is unconstitutional.
* In March, a federal judge ruled that Michigan’s marriage ban is unconstitutional.
* In Tennessee, a state judge ruled that Tennessee could engage in unequal treatment of its citizens. No federal judge has ruled.

Seventh Circuit

* Illinois has marriage equality through legislative action.
The Seventh Circuit has ruled that same-sex marriage bans are a violation of the US Constitution. That ruling did not receive a hearing before the high court and two states have marriage equality through today’s denial of certiorari
* Indiana
* Wisconsin

Eighth Circuit

In 2006, the Eighth Circuit ruled that Nebraska’s constitutional amendment prohibiting same-sex marriage did not violate the US Constitution. That ruling, which came before Windsor and was based primarily on the Baker case, was not appealed to the Supreme Court.

* Iowa has marriage equality through state court ruling.
* Minnesota has marriage equality through legislation (driven by popular vote).
* In May a federal judge ruled that Arkansas’ marriage ban is unconstitutional. That ruling has been appealed but not heard. It is on stay.
* Last Friday, a state judge ruled that Missouri’s marriage ban on recognition of out-of-state same-sex marriage is unconstitutional. There does not yet appear to be a stay and the case is in a bit of limbo. Two other federal cases are in process.
* Nebraska has no ruling before the Appeals court.
* In North Dakota a case has been filed but not yet heard.
* In South Dakota a case has been filed but not yet heard.

Ninth Circuit

Several states have marriage equality by means of judicial or legislative decision (or some combination thereof):

* California
* Hawaii
* Oregon
* Washington

* In 2012, prior to Windsor, a federal judge upheld Nevada’s constitutional amendment banning same-sex marriages (the state has everything-but-the-name Domestic Partnerships). However, after the Ninth Circuit found that anti-gay laws are subject to heighten scrutiny, the Governor and the Attorney General pulled all state support for the ban, leaving it to be argued by a right-wing fringe group. It is clear that the Ninth Circuit will rule favorably.

* Also before the court was Idaho, defending their ban, which had been found unconstitutional by a federal judge in May.

* Alaska has been sued, but the case has not yet been heard in federal court.
* Arizona has two cases working their way through state court.
* Montana has no constitutional ban on marriage equality. However, the legislative ban constitutional ban on same-sex marriage has been challenged by as (as of yet unheard) case filed in federal court.

Tenth Circuit

* New Mexico has marriage equality through state court determination.
The Tenth Circuit has ruled that same-sex marriage bans are a violation of the US Constitution. That ruling did not receive a hearing before the high court and two states have marriage equality through today’s denial of certiorari:
* Oklahoma
* Utah

* The Attorney General in Colorado has announce that due to today’s inaction, Colorado will begin issuing marriage licenses.
* A case is working it’s way through the courts in Kansas. However, it is but a formality before the ban is found unconstitutional.
* Wyoming does not have a constitutional ban on equality, but it has a legislative ban. Some efforts to change the law have been unsuccessful. However, it is but a formality before the ban is found unconstitutional.

Eleventh Circuit

* Alabama has been sued, but the case has not yet been heard in federal court.
* In August, a federal judge found Florida’s ban on equality to be in violation of the US Constitution. The case is stayed and appeal has not yet been heard.
* Georgia has a constitutional ban on equality and I do not believe that there is a federal case pending. a federal court case has been filed challenging that ban. It has not yet been heard.

Schadenfreude Alert

Jim Burroway

October 6th, 2014

The Family “Research” Council’s Tony Perkins says the sky is falling:

“Unfortunately, by failing to take up these marriage cases, the High Court will allow rogue lower court judges who have ignored history and true legal precedent to silence the elected representatives of the people and the voice of the people themselves by overturning state provisions on marriage. Even more alarming, lower court judges are undermining our form of government and the rights and freedoms of citizens to govern themselves. This judicially led effort to force same sex ‘marriage’ on people will have negative consequences for our Republic, not only as it relates to natural marriage but also undermining the rule of and respect for law.

“The Court decision ensures that the debate over natural marriage will continue and the good news is that time is not on the side of those who want to redefine marriage. As more states are forced to redefine marriage, contrary to nature and directly in conflict with the will of millions, more Americans will see and experience attacks on their religious freedom. Parents will find a wedge being driven between them and their children as school curriculum is changed to contradict the morals parents are teaching their children. As more and more people lose their livelihoods because they refuse to not just tolerate but celebrate same-sex marriage, Americans will see the true goal, which is for activists to use the Court to impose a redefinition of natural marriage on the entire nation.

Ryan T. Anderson is not throwing in the towel:

This is an unfortunate setback for sound constitutional self-government and a setback for a healthy marriage culture. …Declining to review these cases does not speak one way or the other to the merits of the cases. But it does leave in place bad rulings from lower courts—and it will make it harder for courts to do the right thing in the future.

Nevertheless, as citizens, we must rally in support of our constitutional authority to pass laws making marriage policy. We must insist that law and culture promote the truth about marriage.

Neither is NOM’s Brian Brown:

…[G]iven what the Supreme Court has allowed to happen, the only alternative to letting unelected judges impose their view of marriage on Americans across the country is to pursue a process that will allow the American people to decide for themselves what is marriage. It is critical not only to marriage but to the republican form of government in this country to amend the Constitution to reaffirm the meaning of marriage. We therefore call on the US Congress to move forward immediately to send a federal marriage amendment to the states for ratification.

“We call upon Americans vigorously to contest this development by turning to the political process, starting with the upcoming mid-term elections. We urge voters to hold politicians accountable and demand to know if they will accept the illegitimate act of attempting to redefine marriage or whether they will stand with the American people to resist. In particular, we urge Republicans to hold their party leaders to account, and to demand that they remain true to their belief that marriage is the union of one man and one woman which was a pillar of the party’s founding in 1856, and remains essential to society’s well-being today.

Alliance Defending Freedom (formerly the Alliance Defense Fund), which is defending several of these states’ marriage bans, is doing all it can to keep that lipstick on the pig:

US Supreme Court holds off on taking up marriage issue

Monday, October 06, 2014

The following quote may be attributed to Alliance Defending Freedom Senior Counsel Byron Babione regarding the U.S. Supreme Court’s decision Monday declining to hear cases involving marriage laws in several states, including petitions ADF attorneys filed in defense of Oklahoma’s and Virginia’s marriage laws:

“The court’s decision not to take up this issue now means that the marriage battle will continue. Several federal courts – including those in the 5th, 6th, 8th, and 11th circuits – still have cases working their way to the Supreme Court. ADF will continue to remain a leader in the critical effort for the freedom of the people. The people should decide this issue, not the courts.”

SCOTUS allows marriage wins

Timothy Kincaid

October 6th, 2014

fireworks

The Supreme Court of the United States has just denied certiorari to the appeals by states from three circuit districts. (ABC)

The Supreme Court cleared the way Monday for an immediate expansion of same-sex marriage by unexpectedly and tersely turning away appeals from five states seeking to prohibit gay and lesbian unions. The court’s order effectively makes gay marriage legal in 30 states.

Without comment, the justices brought to an end delays in same-sex marriages in five states— Indiana, Oklahoma, Utah, Virginia and Wisconsin.

In addition to those five states, in which marriage equality will immediately become law, the other non-marriage states within those circuits are but a formality away. Filing for equality in federal court in states within the Fourth, Seventh, and Tenth districts should result in an immediate favorable decision for West Virginia, North Carolina, South Carolina, Colorado, Kansas, and Wyoming.

The question of the constitutionality of anti-gay marriage bans generally has not yet been determined. SCOTUS could take up other districts’ appeals should they reach the court.

However, it should be noted that the decision to grant or deny certiorari is not a majority vote. It takes but four justices to decide that a court will hear an appeal. This suggests that either the conservative end of the court is hoping to wait for an appeal that better fits their opposition, or (despite long supposition otherwise) there are not four justices on the Supreme Court that oppose marriage equality and find it’s prohibition to be within the confines of constitutional enactment by the states.

The denial of cert to the three districts is not, as I noted, immediately determinative on the other districts. However, it does provide strong legal precedent – unless and until the court indicates otherwise – leaving it difficult for district judges to conclude gay marriage bans have constitutional merit. And, though it is no longer given much attention, it completely invalidates Baker v. Nelson as an argument for precedent.

At this point, it looks promising that marriage may soon come to all states.

The Daily Agenda for Monday, October 6

Jim Burroway

October 6th, 2014

TODAY’S AGENDA is brought to you by:

From This Week In Texas, July 2, 1977, page 31.

From This Week In Texas, July 2, 1977, page 31.

Mayor Abe Aronovitz

TODAY IN HISTORY:
60 YEARS AGO: Miami Mayor: “Deviates Are Leaving The City”: 1954. Miami’s ongoing media-driven hysteria over discovering the presence of gay people in their midst (see Aug 3, Aug 11, Aug 12, Aug 13 (twice that day), Aug 14, Aug 15, and Aug 16Aug 26, Aug 31, Sep 1, Sep 2, Sep 7, Sep 15, and Sep 19) appeared to be on the wane, with Mayor Abe Aronovitz telling The Miami News that the city’s highly publicized raids on gay bars and beaches were finally having their effect:  

Mayor Claims Deviates Are Leaving City

Miami is the cleanest town in the area so far as homosexuals go, it was claimed by Mayor Abe Aronovitz, who said, “but we are not solving it from a humanitarian standpoint because we are only clearing it up as far as Miami is concerned.”

“There is no solution from a humanitarian standpoint, however, because I have received complaints from both Broward County on the north and Monroe County on the south that the homosexuals are just drifting out of Miami.”

The City Commission later today is expected to pass on second reading an ordinance aimed at controlling homosexuals and also jeopardizing liquor licenses of establishments serving people known to have homosexual tendencies.

It was passed on the first reading two weeks ago.

And that is why there are no homosexuals in Miami anymore.

Rev. Troy Perry

Rev. Troy Perry Holds First Metropolitan Community Church Service: 1968. Perry’s life had always been difficult. His bootlegger father died when Perry was twelve. His mother married an alcoholic who reduced the family to poverty and was physically abusive. Troy ran away from home and stayed with relatives, who introduced him to Pentecostalism. In 1959, the nineteen-year-old Perry married a Church of God pastor’s daughter and became the pastor of a CoG church in Jolliet, Illinois — all this despite knowing that he was gay and was sexually active with other men. He merely told himself that it was a phase and that he wasn’t really gay. After all, it was impossible to be both gay and Christian, his superiors in the church had reassured him. But his cover didn’t last long in Jolliet though, and when his secret came out, he was told by church leaders to leave the church and tell his wife, who decided to stay with him.

The couple moved to California, where they joined the Church of God of Prophecy, another Pentecostal denomination. When he finally decided to tell his superiors in that denomination that he was gay, they acted as CoG had: they kicked him out. This time though, his wife left him, taking their two young sons with her. Perry spent the next several years trying to figure out what he was: was he gay, or was he Christian? In 1967, he tried to kill himself after breaking up with a boyfriend. The following year, he was on a date at a gay bar when Los Angeles police decided to conduct one of their infamous raids. His date, broken and demoralized by the experience, decided that no one cared about gay people, including God. That’s when Perry decided it was time to show that young man, and all gay people, differently.

From The Los Angeles Advocate. October 1968, page 20.

And so on October 6, 1969, he held his first worship service in the living room of his Huntington Park home. Twelve people attended. Nine were friends of his, who showed up to support him. Three were there in response to an ad that Perry placed in that month’s edition of The Los Angeles Advocate. The next week, there were twelve. Pretty soon, the fledgling congregation was growing so quickly that finding larger quarters became a weekly endeavor. “You better attend church every Sunday if you want to know where the church is going to be,” members joked.

Soon the congregation moved to the Encore Theater on Melrose Avenue, and they quickly filled all 385 seats in the house. By the time the MCC bought its first genuine church of its own in the West Adams area, the congregation had swelled to 1,000. That purchased also made the MCC the gay organization in the U.S. to own a piece of real estate. In 1996, Perry remarked, “If you had told me twenty-eight years ago that the largest organization in the world touching the lives of gays and lesbians would be a church, I would not have believed you.” Over the years, twenty-one MCC churches were targets of arsonists and four MCC clergy were murdered. But in 2000, Perry repeated his vow: “We will never, ever, be chased out of a city; we’ve never, ever left a city where we’ve faced persecution.” The MCC currently has 172 churches in 37 countries.

[Source: Lee Arnold. "Troy Perry (1940- )." In Vern. L. Bullough's (ed.) Before Stonewall: Activists for Gay and Lesbian Rights in Historical Context (New York: Harrington Park Press, 2002): 393-398.

25 YEARS AGO: San Francisco Police Sweep The Castro: 1989. ACT-UP had put on a number of protests and marches before in San Francisco, almost all of them without incident. This one was small: about 150 people showed up at the Federal Building a few blocks from City Hall. After a brief rally, they marched to City Hall, then up Market Street to the Mint Building before ending at Castro Street. Typically during marches like this one, the Police department would assign a handful of officers to help block traffic and ensure the safety of protesters and onlookers. But one marcher, Gerard Koskovich, noticed something was different about this march:

“The march turned non-routine the minute it left the federal plaza. Hordes of San Francisco police officers on foot and on motorcycles emerged as soon as the protesters started marching on the street. They attempted to force the march to stay on the sidewalk,” said Koskovich, who wrote an essay about the Castro Sweep in the 2002 anthology Out in the Castro: Desire, Promise, Activism. “The first arrest happened a block away from the federal building. The tactical coordinator for ACT UP stepped out into the street to talk to the commanding officer and he was immediately grabbed, thrown face down on the asphalt, handcuffed, and then taken away. No one had seen anything like this at a queer protest in San Francisco for a number of years.”

By the time the rally reached the Castro, the marchers were met by hundreds of police officers. It was a sign of how the night would end.

“When I got there I saw the single largest mass of San Francisco police officers I had ever seen at that point. The entire intersection of Castro and Market streets was filled with officers standing in rank,” said Koskovich. “At this point it was still a peaceful march of people staying on the sidewalk. It was completely perplexing why the police force brought out a horde of officers.”

Angered by the police confrontation, marchers sat down in the middle of Castro Street near Market. One group staged a die-in, and others spray-painted stenciled slogans and body outlines on the pavement as a “permanent AIDS quilt” on the street. Police then announced that the demonstration was an “illegal action” and began a sweep action, marching in unison down Castro toward 18th street, forcing thousands inside the Castro’s homes, stores, bars and restaurants under virtual house arrest. As Koskovich wrote in OutWeek a month later:

The police soon charged in earnest. I saw one officer advance with his baton in a jabbing position, a technique that the San Francisco Police Commission banned after an officer using it nearly killed Farmworkers Union co-founder Delores Huerta last year. Others pushed with the sides of their batons, knocking the front of the crowd off balance. I fell against the person to my left, scraping my ear, then regained my footing.

After a partial withdrawal and a second effort to clear the area, the police announced that the entire block of Castro from Market to 18th St., including the sidewalks, had been declared an illegal assembly area. The crowd held its ground, milling into the street and repeatedly chanting “Cops go home” and “Racist, sexist, anti-gay, SFPD go away.” A group of officers reacted by ramming their motorcycles through the center of the crowd.

In the confusion, I lost sight of the friends I had been standing with and made my way to the opposite side of Castro St. From that vantage, I watched an officer break ranks, approach a man standing peacefully in the street, and beat him over the shoulder. Shortly thereafter, I saw a second officer pin a bystander against a news box, then club him to the pavement. Other cops joined in, one of them so eager to land a blow that he carelessly clubbed a fellow officer.

Minutes later, I heard someone calling out my name and spotted Alex Chee, one of the friends I had marched with, leaning from an ambulance moving slowly through the police lines. “I’m going to the hospital with Mike,” he shouted. With a sinking feeling, I pushed to the back window; inside, I could see another friend, Michael Barnette—a 19-year-old who was attending his first ACT UP demonstration—strapped motionless on a stretcher.

Michael received several stitches to close a gash across his eyebrow. According to witnesses, an officer identified as a captain in the SFPD Tactical Unit and an event commander for the October 6 protest clubbed Michael on the head as he stood on the sidewalk on the west side of Castro St. From the opposite corner, I had heard protesters chanting the officer’s helmet number—1942— but had not seen the beating.

This went on from 8:00 to 10:00 p.m. in an action which reminded everyone of the White Night riots ten years earlier, when San Francisco police rioted in the Castro following the conviction of Dan White of manslaughter for the assassination of Harvey Milk (see May 21).

The following night, 1,500 protesters demonstrated the police action in the Castro. Mayor Art Agnos issued a statement to the Bay Area Reporter saying that previous night’s police action was “deeply disturbing, and if even 25 percent of the allegations turn out to be true then what happened October 6 is unacceptable.” Deputy Police Chief Jack Jordan was demoted, and he resigned the following month. Other high-ranking officers were re-assigned and reprimanded. The Tactical Squad was relived of one of its primary responsibilities, crowd control. “Civil disobedience did occur,” Police Chief Frank Jordon said, but the response was “inappropriate” and represented a command breakdown. Three years later, the city settled a series of lawsuits brought by victims for $250,000.

Matthew Shepard Assaulted: 1998. At around 6:30 PM, Aaron Kreifels was riding his bicycle on Snowy Mountain View Road, just outside of Laramie, Wyoming, when he wiped out near the end of a rough buck-and-rail fence. In the fall, he severely damaged his front tire. Aaron got up to try to figure out how to get back into town when he was startled by what he thought was a scarecrow. He took a closer look and discovered that it wasn’t a scarecrow, but a 5-foot-2, 102 pound University of Wyoming student by the name of Matthew Shepard. Aaron was further surprised to see that the bloody figure was still alive, though barely. Matthew was comatose, breathing “as if his lungs are full of blood,” Aaron would later testify. It had been a very cold day that day with a 30-degree freezing wind the night before, and it was now evening again. Matthew had been there for more than 18 hours, laying on his back, head propped against the fence, his legs outstretched. His hands were tied behind him, and the rope was tied to a fence post just four inches off the ground. His shoes were missing.

Aaron, in a state of panic, ran to the nearby home of Charles Dolan. From there, they called 911, and then the both of them returned to Matthew to wait for the sheriff’s deputy to arrive. Deputy Reggie Fluty later testified that the only spots not covered in blood on Matt’s brutally disfigured face were tracks cleansed by his tears. She told the barely breathing victim, “Baby, I’m so sorry this happened.”

Matthew was rushed to Poudre Valley Hospital’s intensive care unit in critical condition. He suffered fractures from the back of his head to the front of his right ear from being pistol-whipped by a 357-Magnum more than twenty times. He had severe brain stem damage which affected his body’s ability to control heart rate, breathing, temperature, and other involuntary functions. There were lacerations around his head, face and neck. He had welts on his back and arm, and bruised knees and groin. He had also suffered from hypothermia. His injuries were too severe for doctors to operate. They did however insert a drain into Matthew’s skull to relieve the pressure on his brain.

By the end of the day, Matthew Shepard was laying quietly in a soft, warm bed with clean sheets after having spent eighteen hours in the freezing high plains of Wyoming tied to a fence post. He was breathing with the aid of a ventilator.

TODAY’S BIRTHDAY:
Bruno Balz: 1902-1988. He wrote some of Germany’s most famous songs for film despite his career being hampered by official persecution for his homosexuality. When Balz was arrested by Nazi authorities for violating Germany’s Paragraph 175 outlawing male homosexuality, he was released after several months’ imprisonment on the condition that his name not be mentioned in public. When he was arrested again in 1941 and tortured in Gestapo headquarters, his songwriting partner, Michael Jary, appealed to authorities to release him, saying that he could write songs to lift German morale as part of the war effort. He wrote two of his greatest hits just days after his release. And while his songs would be criticized later for aiding  the war effort, gays in Germany were buoyed by what they saw as double meanings in some of his songs. One song in particular, his 1938 classic “Kann denn Liebe Sunde sein?” (“Can Love Be a Sin?”), became something of an anthem for Germany’s underground gay community:

Every little Philistine makes my life miserable, for he’s always

talking about morality. And whatever he may think and do, you can

see that he just doesn’t want anyone to be happy…. Whatever

the world thinks of me, I don’t care, I’ll only be true to love.

Can love be a sin?

Can’t anybody know when you kiss,

When you forget everything out of happiness?

Balz’s troubles continued even after the war and the fall of Nazism. After all, Paragraph 175 remained the law of the land until 1994 after Germany’s reunification, which meant that the strictures on him remained in effect preventing him from receiving his due credit for his music. Balz died in 1988. There is now a Bruno Balz theater named for him in Berlin.

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