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Posts for October, 2014

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.

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 Daily Agenda for Sunday, October 5

Jim Burroway

October 5th, 2014

TODAY’S AGENDA:
Pride Celebrations This Weekend: Asheville, NC; Centreville (Bull Run), VA; Ft. Worth, TX; Jacksonville, FL; Little Rock, AR.

Other Events This Weekend: Gay Days Disneyland, Anaheim, CA; Out on Film, Atlanta, GA; MIX Copenhagen Film Festival, Copenhagen, Denmark; AIDS Walk, Dallas, TX; Key West Bear Fest, Key West, FL; Tampa International Gay and Lesbian Film Festival, Tampa, FL.

TODAY’S AGENDA is brought to you by:

From GPU News (Milwaukee, WI), May 1978, page 40.

From GPU News (Milwaukee, WI), May 1978, page 40.

TODAY IN HISTORY:
Vasco Núñez de Balboa Feeds “Men Dressed Like Women” To His Dogs: 1513. The Spanish conquistador and explorer Vasco Núñez de Balboa is a revered figure in Panama, where you can buy a bottle of Balboa beer for about 1.50 Balboas (which is used interchangeably with the U.S. Dollar, also legal currency there). His name graces Panama City’s main port at the Pacific entrance to the Panama Canal as well as numerous avenues and parks throughout the country.

Balboa first explored the South American coast from present-day Columbia to Nicaragua in 1501, before settling on the island of Hispaniola to become a farmer. When Balboa returned to the South American continent in 1509, he did so as a stowaway from Hispaniola — a bankruptcy refugee, to be exact – but he quickly proved his worth with his knowledge of geography and local native culture, thanks to his earlier expedition. In 1510, Balboa founded the city of Santa Maria la Antigua del Darién on the northern coast of present-day Colombia near today’s border with Panama, and in 1511, he declared himself governor of Veragua, which roughly covered the Caribbean coast of present-day Nicaragua, Costa Rica, and Panama. Balboa then spent the next three years exploring his domain, defeating various native tribes and befriending others, always remaining on the lookout for gold.

In 1513, Balboa arrived at the region in present-day Panama controlled by the chief Careta, whose forces Balboa defeated and whom Balboa befriended. Together, Balboa and Careta defeated a rival chief, Ponca, and made an alliance with another chief, Comagre, whose son told them that if they really wanted to find lots of gold, they needed to conquer the tribes living on the coast of “the other sea” on the other side of the Isthmus of Panama. Balboa and his hordes set off to conquer their way south, and on September 20, when Balboa stood on a summit on the mountains alongside the Chucunaque River, he became the first European to see, on the distant horizon, the Pacific Ocean. Nine days and one battle later, Balboa walked knee-deep into the ocean with his sword in one hand and his battle standard in the other, and claimed possession of the “South Sea” and all of its adjoining lands for Spain.

While Balboa continued his journey along Panama’s Pacific coast, conquering and discovering as he went, he discovered, after killing chief Quarega and entering his village, what Balboa perceived to be the famously relaxed attitude among Quarega’s people toward the Peccatum illud horribile, inter christianos non nominandum. I say perceived, because it’s not exactly clear that Balboa’s men correctly interpreted what they saw. Sure, native groups throughout Panama had a reputation for tolerance of homosexuality and cross-gender behavior, so it’s not inconceivable that he found some of those goings-ons in Quarega’s court. But some scholars doubt that Balboa’s men actually managed to come across two full score of them in a single village. Some speculate that the Spaniards mistook the ceremonial attire of members of Quarega’s court for women’s clothing. Others suggest that in the political vacuum following Quarega’s death, there may have been some finger-pointing among political rivals who were savvy to the Spaniards’ disgust for the “sin so horrible.”

At any rate, at least forty of them — Gay men? Transgenders? Cross dressers? Or disgraced officials on the losing end of political score-settling? — were rounded up and devoured by Balboa’s dogs, in what has been described as the first recorded instance of Spanish punishment of homosexuality in the New World. About a century later, Antonio de la Calancha, a Spanish official in Lima, was still singing his praises, albeit somewhat inaccurately, of the man who “saw men dressed like women; Balboa learnt that they were sodomites and threw the king and forty others to be eaten by his dogs, a fine action of an honorable and Catholic Spaniard.”

[Sources: Charles C. Mann 1493: Uncovering the New World Columbus Created, (New York, Alfred A. Knoff, 2011): 348.

Ward Stavig. "Political 'abomination' and private reservations: the nefarious sin, homosexuality, and cultural values in colonial Peru." In Pete Sigal's (ed.) Infamous Desire: Male Homosexuality in Colonial Latin America (Chicago: University of Chicago Press, 2003): 134-135.

Walter Williams. "The abominable sin: the Spanish campaign against 'sodomy' and its results in modern Latin America" in ): in Larry Gross and James D. Woods' (eds.) The Columbia Reader on Lesbians & Gay Men in Media, Society, and Politics (New York: Columbia University Press, 1999): 128.]

California Studies Treatment for “Sex Deviants”: 1951. An item appeared in The Los Angeles Times describing efforts that promised “the eventual solution of one of California’s most difficult problems – the sex offender.” California had tried to “legislate sexual offenses out of existence” through more severe penalties, but lawmakers were “finally persuaded medical research might bring results,” and passed the Sexual Deviation Research Act in 1950. And with that, according to The Times, efforts were now fanning out to “several laboratories, schools, hospitals, and clinics throughout the State.” The Dean of UCLA’s Medical School was already bragging of research breakthroughs. “It is now possible, he states, to predict with a fair degree of accuracy, through blood and urine tests, the onset of a sexually psychopathic ‘attack’.” What, exactly, was being studied was obviously very sensitive; it took eight paragraphs before the LA Times writer finally got around to describing what these “sexual deviations” might be:

Another study underway is concerned with diagnosis and treatment of homosexual males. The purpose of this research is twofold: (1) to make physical, psychiatric, glandular and mental studies of the types of homosexuals who affect feminine behavior and (2) to investigate such psychological factors in homosexuality as the personal, family, social and cultural histories of patients. Results of these studies, it is felt, should greatly add to more accurate diagnosis of types of homosexuality and its treatment.

Research would continue for at least another thirty years in California and throughout the western world, all to no avail. When the American Psychiatric Association finally determined in 1973 that homosexuality was not a mental illness in need of a cure, efforts to change sexual orientation in the scientific community slowly began to wane over the course of the next decade — with the notable exception of a very tiny religiously-motivated dissident minority, and their efforts to change sexual orientation still come up short. California’s law mandating research into curing homosexuality remained on the books, ignored and forgotten, until it was finally repealed in 2010. In 2012, California began moving toward the opposite direction when Gov. Jerry Brown signed legislation which prohibits licensed professionals from providing conversion therapy to minors.

HC Robert Mapplethorpe.jpg

Cincinnati Museum Acquitted of Pornography Charges over Mapplethorpe Exhibit: 1990. Before the late 1980s, photographer Robert Mapplethorpe was known for his brilliant black and white photographs of achingly beautiful subjects: orchids, lilies and celebrities, including Richard Gere, Laurie Anderson, Peter Gabriel, Andy Warhol, Grace Jones and Patti Smith. But when he began putting together his 1989 exhibit, The Perfect Moment, he decided to include some of his more recent works, photos that he had begun taking since the early 1980s of very sexually explicit images of homoeroticism and sadomasochism. The exhibit, funded by the National Endowment for the Arts, sparked immediate outrage among social conservatives. Sen. Jesse Helms (R-NC) tried to de-fund the NEA entirely, and wound up settling for yet another of those many “Helms Amendments” that wound up littering the legal landscape for decades to come. This amendment barred the NEA from funding “obscenity,” a nebulous mandate which cast a chilling effect on the arts for more than a decade.

The controversy led the Corcoran Gallery to cancel The Perfect Moment, in the summer of 1989, but the Washington Project for the Arts stepped in to host the show. Thanks to the publicity, some forty thousand people attended. The show’s next step was the University Art Museum in Berkeley, which hosted the show without incident. From there, it went to the Contemporary Art Center in Cincinnati, but police closed the exhibit on opening day in order to videotape the exhibit on orders from Hamilton County Prosecutor Arthur Ney. Later that day, Ney got an indictment from the grand jury charging the CAC and its director, Dennis Barrie, on charges of pandering obscenity and child pornography. If convicted, the museum faced fines of up to $10,000 and Barrie faced up to a year in prison and $2,000 in fines.

A demonstration in downtown Cincinnati immediately after the trial ended.

A demonstration in downtown Cincinnati immediately after the trial ended.

As far as anyone knew, no other museum in the country had ever been indicted on similar charges. The controversy had an immediate impact in the city and on the museum. When the exhibit reopened with seven portraits removed and replaced with black placards, crowds descended on the small museum to see what the fuss was all about. One farmer arrived with mud on his boots and overalls and presented a check for $20, saying that he’d fought in World War II for the freedom of expression exemplified by the exhibit. Nearly 80,000 people attended the exhibition, making it one of the most successful shows ever for the CAC.

When the trial got underway in late September, the jurors were subject to a crash course on art history and photography from some of the country’s leading museum directors. Martin Friedman, director of Minneapolis’s Walker Art Center, expounded on the formalism behind Mapplethorpe’s composition and lighting. Janet Kardon, the exhibit’s curator, testified, “No matter what the subject matter, he brought a sense of perfection to it. And all of the attributes one characterizes a good formal portrait by, that is composition and light and the way the frame is placed around the image, all of those things are brought to every image.” One of those images, was Mapplethorpe’s 1978 Self Portrait (NSFW), which featured what Kardon described as a “figure study” in which “the human figured is centered. The horizontal line is two-thirds of the way up, almost the classical two-thirds to one-third proportions … it’s very symmetrical, which is characteristic of his flowers.” Of course, none of his flowers had a bull whip inserted in the ass.

Evan Turner, from the Cleveland Museum of Art, told the jury, “I think with these difficult images, one way of judging their quality … is to look at them as abstract, which they are, essentially.” Robert Sobieszek, photography curator at the Los Angeles County Museum of Art, placed the portraits in biographical terms: “They reveal, in very strong, forceful ways, a major concern of this creative artist; a major part of his life, a major part of his psyche or psychology, his mental make-up and perhaps, they say to me, some troubled portion of this life that he was trying to come to grips with… IT’s not unlike Van Gogh painting himself with his ear torn off, or cut up.”

Surprisingly, the prosecution called only one “expert” witness, the anti-gay activist and author Judith Reisman, who was then a paid “researcher” for the American Family Association’s. Her artistic background, as the defense repeatedly pointed out, was limited to writing songs for Captain Kangaroo.

Dennis Barrie hugs his attorney H. Louis Sirkin after hearing the verdict.

Dennis Barrie hugs his attorney H. Louis Sirkin after hearing the verdict.

After less than two hours of deliberation, the mostly blue-collar jury returned verdicts of not guilty. Defense lawyer H. Louis Sirkin called the verdict “a signal to everybody that before they start shutting down museums and telling people what they can say and what they can see, they better realize there is a protection out there, and it is the greatest document ever written.” A visibly relieved Barrie reacted, “This was a major battle for art and for creativity, for the continuance of creativity in this country. Mapplethorpe was an important artist. It was a beautiful show. It should never have been in court.” Meanwhile, the CAC came out of the controversy stronger than ever. It had overgrown its previous digs at the Mercantile Center and in 2003 moved into a splendid new building which the New York Times described as “the best new building since the Cold War.”

[Additional source: Richard Meyer. Outlaw Representation: Censorship and Homosexuality in Twentieth-Century American Art (New York: Oxford University Press, 2002): 211-218.]

TODAY’S BIRTHDAY:
John Addington Symonds: 1840-1893. He fulfilled the expectations of Victorian England by marrying and having a family, but the poet and literary critic was always conscious of “men constituted like me.” As an early proponent of what was then called “male love,” Symonds was among the first to publish works for general audiences with direct references to homosexuality. His 1876 Studies of the Greek Poets, Second Series, included praise for Greek “friendship,” which led to withering condemnation from critics. One critic decried Symond’s “phallic ecstasy” and his “palpitations at male beauty.”

While Symonds became more circumspect in identifying himself with “male love,” he nevertheless continued to explore the theme. Symonds’s 1878 translation of Michelangelo’s Sonnets corrected, for the first time, the proper male pronouns which had been rendered female by previous translators. And in that same year, he published his poem “The Meeting of David and Jonathan” (1878), where Jonathan, “In his arms of strength / Took David, and for some love found at length / Solace in speech, and pressure and breath / Wherewith the mouth of yearning winnoweth /Hearts overcharged for utterance. In that kiss / Soul into soul was knit and bliss to bliss.”

Whew!

But Symonds kept most of his writings on homosexuality private, first in letters to Walt Whitman, Edmund Gosse, and Edward Carpenter, and later in privately-circulated works like Male Love: A Problem in Greek Ethics (1883) and A Problem in Modern Ethics (1891), where he wrote in the introduction this answer to those who argued that the only good homosexual was a celibate homosexual:

I have taken no vow of celibacy. If I have taken any vow at all, it is to fight for the rights of an innocent, harmless, downtrodden group of outraged personalities. The cross of a Crusade is sewn upon the sleeve of my right arm. To expect from me and from my fellows the renouncement voluntarily undertaken by a Catholic priest is an absurdity, when we join no order, have no faith to uphold, no ecclesiastical system to support. We maintain that we have the right to exist after the fashion which nature made us. And if we cannot alter your laws, we shall go on breaking them. You may condemn us to infamy, exile, prison -– as you formerly burned witches. You may degrade our emotional instincts and drive us into vice and misery. But you will not eradicate inverted sexuality.”

In 1893, he began to publish more openly about homosexuality in Walt Whitman: A Study, and he began a collaboration with Havelock Ellis, who was then embarking on his landmark study, Sexual Inversion. Symonds died in 1893, ten months into that collaboration. When Sexual Inversion made its English debut in 1897, Symonds was listed as co-author. But Symonds’s executor, scandalized at the association, prohibited his name from being further associated with the book. Symonds was credited as “Z” in the second 1897 printing, and his essay “A Problem in Greek Ethics” was deleted. Interest in Symonds was revived in 1963 when Phyllis Grosskurth won the 1964 Canadian Governor General’s Award for John Addington Symonds: A Biography. Twenty years later, she would also bring The Memoirs of John Addington Symonds to print for the first time in 1984, ninety-one years after his death.

David Pallone: 1951. Major League Baseball umpires never become household names. But a few can somehow find ways to become memorable. That happened to Pallone on April 30, 1988, when he was umpiring at first base in Cincinnati when, in the ninth inning, he called New York Mets outfielder Mookie Wilson safe on a delayed call. That delay allowed another Mets runner to score the winning run. Reds’ manager Pete Rose rushed to Pallone to argue the call. Tempers escalated, one thing led to another, Pallone might have touched Rose, Rose definitely shoved Pallone, and Pallone immediately ejected him from the game. Fans showered the field with trash for the next fifteen minutes and Pallone had to be taken out of the game to ease tension. Rose was suspended for 30 days and fined $10,000.

Later that year, Pallone was forced to resign when a New York Post article outed him as gay and claimed that he was part of a teenage sex ring. Those charges were later proven groundless, but Pallone says in his memoir Behind the Mask: My Double Life in Baseball that team owners were unimpressed and pressured baseball commissioner Bart Giamatti to fire him anyway. Or, more accurately, Pallone was paid to leave, and strongly encouraged to do so. Today, Pallone is a diversity trainer and motivational speaker based in Colorado.

Thomas Roberts: 1972. The former CNN Headline News anchor became the first national anchorman to come out as gay when, in 2006, he spoke at the annual convention of the National Lesbian and Gay Journalists Association in Miami Florida during a panel discussion titled “Off Camera: The Challenge of LGBT TV Anchors.” Describing his appearance on that panel as the biggest step he had taken publicly to be out, he had been coming out at CNN over the past several years. But he found the tension between his public life and private life to be difficult to balance. “When you hold something back, that’s all everyone wants to know,” he told the gathering.

Roberts stayed at CNN until 2007, when he resigned to move to Washington, D.C. to pursue other opportunities. In late 2010, he began guest-anchoring for MSNBC, and became a full-time anchor in December. He now anchors MSNBC’s “Way Too Early”  weekdays at 5:30 a.m. Eastern, often appears on “Morning Joe” immediately afterwards. He also occasionally fills in as host for NBC’s “Today.” In 2012, Roberts married Patrick Abner in New York, making Roberts the first (and the most handsome) national anchor to marry a same-sex partner.

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 Daily Agenda for Saturday, October 4

Jim Burroway

October 4th, 2014

TODAY’S AGENDA:
Pride Celebrations This Weekend: Asheville, NC; Centreville (Bull Run), VA; Dallas, TX (Black Pride); Ft. Worth, TX; Jacksonville, FL; Little Rock, AR; Miami Beach, FL (Hispanic Pride).

Other Events This Weekend: Gay Days Disneyland, Anaheim, CA; Out on Film, Atlanta, GA; MIX Copenhagen Film Festival, Copenhagen, Denmark; AIDS Walk, Dallas, TX; Key West Bear Fest, Key West, FL; Tampa International Gay and Lesbian Film Festival, Tampa, FL.

TODAY’S AGENDA is brought to you by:

From The Los Angeles Advocate, November 1968, page 13.

From The Los Angeles Advocate, November 1968, page 13.

Shands Hospital

TODAY IN HISTORY:
Florida Hospital Dumps AIDS Patient: 1983. Twenty-seven-year-old Morgan MacDonald had been treated at Shands Hospital in Gainesville, Florida, since July for various opportunistic infections because of AIDS. When his state Medicaid benefits ran out, the private teaching hospital affiliated with the University of Florida tried to find a nursing home to send him to, but none in the area would take him. So the hospital declared MacDonald “well enough to walk,” stuffed $300 into his pocket, loaded him onto a Lear Jet with a doctor and a nurse, and shipped him off to San Francisco and dumped him at the offices of the city’s AIDS Foundation. The nurse and doctor walked out and left the volunteer staff to figure out what to do with him. He’s condition was so bad, he was unable to lift his head. Foundation volunteers took MacDonald to San Francisco General Hospital which immediately admitted him.

General’s Dr. Mervyn Silverman was furious. “I’ve never seen anything like it before,” he told reporters. “It’s unconscionable to do this to a patient, especially a patient in serious condition.” A Shands spokeswoman claimed that MacDonald didn’t need hospital treatment, but outpatient treatment instead, and said that shipping him off to San Francisco — even though he came to them from Vero Beach, Florida — was “a real humanitarian thing to do.” They also claimed that MacDonald was ambulatory when he left Shands, and that he worsened sometime after leaving. “AIDS is a disease where your condition changes,” the Shands spokeswoman said. San Francisco Mayor Dianne Feinstein denounced the dumping and demanded that Florida Gov. Bob Graham investigate. A Florida Health Department official would later admit, “We are having problems in Florida because medical professionals are reluctant to provide care because they know so little about AIDS. We are seeing people take any opportunity within the law to avoid providing care.” The state, however, found no evidence of legal wrongdoing. MacDonald died in San Francisco, a medical outcast, sixteen days later. San Francisco General sent Shands Hospital a bill for $6,627.12, which Shands refused to pay.

TODAY’S BIRTHDAY:
Jóhanna Sigurðardóttir: 1942. When she became Iceland’s first female Prime Minister in 2009 following more than a year of public protests over Iceland’s handling of the financial crisis, she broke yet another important barrier by becoming the world’s first open lesbian head of government. The LGBT community around the world cheered, but Sigurðardóttir had no time for celebrations. Her plate was full with the collapse of the island nation’s entire banking system and the stock exchange losing some 90% of its value. She renegotiated Iceland’s payment of bank deposits to holders in Netherlands and Britain — much to the outrage of Icelandic taxpayers, which rejected the deal in a 2010 referendum with a resounding 93% against and 2% in favor. A second round of negotiations also went down to defeat before Iceland’s voters in 2011 with 60% against and 40% for. Meanwhile, the arduous process of revising the country’s constitution produced one of Sigurðardóttir’s few victories, when voters approved it in a 2012 referendum with significant margins. In September 2012, she announced that she would not seek re-election in the upcoming elections. She retired from politics when the new government took office in May 2013.

Jóhanna has been in a Registered Partnership with Jónína Leósdóttir since 2002. When Iceland enacted its marriage equality law in 2010, Jóhanna and Jónína became among the first to convert their legal partnership into a marriage.

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The Daily Agenda for Friday, October 3

Jim Burroway

October 3rd, 2014

TODAY’S AGENDA:
Pride Celebrations This Weekend: Asheville, NC; Centreville (Bull Run), VA; Dallas, TX (Black Pride); Ft. Worth, TX; Jacksonville, FL; Little Rock, AR; Miami Beach, FL (Hispanic Pride).

Other Events This Weekend: Gay Days Disneyland, Anaheim, CA; Out on Film, Atlanta, GA; MIX Copenhagen Film Festival, Copenhagen, Denmark; AIDS Walk, Dallas, TX; Key West Bear Fest, Key West, FL; Tampa International Gay and Lesbian Film Festival, Tampa, FL.

TODAY’S AGENDA is brought to you by:

From The Blade, June 1977, page 10.

From The Blade, June 1977, page 10.

The Fraternity House was located in Washington, D.C. just a couple of blocks west of DuPont Circle, opening in 1976 just as the area was beginning to become a full-fledged gayborhood. The club wasn’t exactly on P street itself, but just down an ally around the back, in an old Carriage House. In 1997, the club was re-named Omega, which remained in business right up until the end of 2012, when the building was reportedly sold for $1.9 million and was to be renovated into a 5,850-square-foot single-family house.

Seal

TODAY IN HISTORY:
 Hollywood Production Code Changed to Allow Films Dealing with Homosexuality: 1961. There were a number of rather risqué films coming out of Hollywood in the early days, risqué, at least, according to Catholic clergy and middle-American sensibilities. To counter the growing noises coming from the country’s moral finger-waggers (not to mention legislators in 37 states who were busy introducing a patchwork of movie censorship bills) Hollywood enlisted a moral finger-wagger of its own, William H. Hays, to head the Motion Picture Producers and Distributors of America (MPPDA). Hays promptly promulgated what came to known as “The Hays Code” which, for the next thirty years, more or less dictated what would and most certainly would not be displayed on America’s movie screens. Number four on Hays’s list of Don’ts was “any inference of sex perversion,” which, when strictly enforced, meant absolutely no portrayal of gay men or women, or even any hint of any bending of gender roles. (Also banned by the code: “Miscegenation” at number six, and “Ridicule of clergy,” number ten. “Willful offense to any nation, race or creed” came in last at number eleven, even though the race stipulation rarely enforced.)

If the MPPDA certified that a film met the standard, it was given an MPPDA seal of approval, which assured theater owners that the film would pass muster with squeamish audiences. If it failed, it was sent back to the studios for edits or canned altogether. Some films were produced outside the studio system and beyond the reach of the MPPDA, but their distribution tended to be severely limited. But in the 1950s, studios began to test the code’s limits, and by the end of the decade, Billy Wilder’s Some Like It Hot became a smash hit even though United Artists didn’t bother to obtain the MPPDA seal. Between 1958 and 1961, several popular films — Pit of Loneliness, Suddenly, Last Summer, Devil’s Advocate, Victim and A Taste of Honey are just a few — dealt with anti-gay prejudices or had gay characters.

As the sixties opened, with Elvis regularly appearing on Ed Sullivan and the sexual revolution just getting underway, it was obvious that the MPPDA either needed to adapt its aging code to modern sensibilities or fade into complete irrelevancy. And so on October 3, 1961, the MPPDA announced a revision to its three decade old code: “In keeping with the culture, the mores and the values of our time, homosexuality and other sexual aberrations may now be treated with care, discretion and restraint,” the MPPDA announced. To which Hollywood gossip columnist Hedda Hopper replied, “Well, all I’ve got to say is that our producers shouldn’t have any trouble with casting.” The Children’s Hour and Advise and Consent were released soon after the change was announced.

 Congressman Pleads No Contest For Soliciting a Teen Male Prostitute: 1980. Rep. Bob Bauman (R-MD) had a history of voting for anti-gay bills in Congress. He voted twice to deny federal funds to lawyers dealing with gay rights issues, and he backed a “family protection bill” that would have explicitly legalized discrimination in housing and employment based on sexual orientation. He was one of the brightest stars of the far right, serving as chairman for the American Conservative Union. But on this date in history, Bauman was charged by D.C. police for “soliciting sex from a sixteen-year old boy.” It turns out he had a habit of cruising gay bars in Washington, D.C., a habit he blamed entirely on alcohol. A judge bought his story and accepted his not guilty plea in exchange for entering a six-month alcohol rehabilitation course. Voters in his district didn’t buy it though. Despite the Ronald Reagan-led Republican landslide in November, Bauman lost his Congressional seat, and his wife walked out the following June.

In 1986, he wrote his memoir, The Gentleman from Maryland: The Conscience of a Gay Conservative, not because he wanted to tell his story but because he was broke. He wrote that his downfall was orchestrated by the Carter administration, House Speaker “Tip” O’Neill and a Maryland senator who considered him a potential rival. As for himself, he told one interviewer, “I still don’t like being gay. If I had my druthers, I wouldn’t be gay.” But he did begin to accept himself and, for a while in the mid-1980s, tried to organize a conservative gay rights organization. That effort fell apart when other gay Republicans refused to go public or write checks to support the group. (Some would, however, donate smaller amounts in cash because it couldn’t be traced.) Bauman is now an attorney for the Sovereign Society, a group which provides expatriation services for Americans looking for offshore tax havens.

TODAY’S BIRTHDAYS:
 Gore Vidal: 1925-2012. His 1946 novel Williwaw, written when he was 21, was a success, but not nearly as notorious as his second one two year later. The City and the Pillar, dedicated to “J.T.” in an oblique reference to James Trimble III, Gore’s first love who died on Iwo Jima, was the first major novel to deal directly with male homosexuality — so directly that Orville Prescott, The New York Times book critic, refused to allow the Times to review Vidal’s next five books. Vidal managed to work around the Times’s boycott by publishing several mysteries under the pseudonym of Edgar Box. He worked on the script for the film Ben-Hur, including adding a gay subtext to the relationship between Messala and Ben-Hur (played by Charlton Heston, who was oblivious to the gay references). Over the course of his life, Vidal published thirty-one novels and story collections, eight plays, fourteen screen-plays (including the infamous 1979 cult classic Caligula), and countless essays on whatever subject that struck his fancy — and his fancy was struck by an unusually wide variety of topics.

But as famous as he was for his writing, he was probably just as famous — and maybe even more so — for his public appearances, for which Gore could always be counted on to say something shocking. Most famous of his public appearances, perhaps, came in 1968 when ABC News invited Gore and William F. Buckley, Hr. to provide political analysis during the Republican and Democratic conventions. It was during one of those discussions, carried live on national TV, that Gore responded to Buckley’s complaint about “pro-Nazi” protesters with, “As far as I’m concerned, the only sort of pro-crypto-Nazi I can think of is yourself.” An obviously livid Buckley then replied, “Now listen, you queer. Stop calling me a crypto-Nazi, or I’ll sock you in the goddamn face and you’ll stay plastered.” The Gore and Buckley feud continued to play out in competing essays in Esquire and in court where they sued each other for libel.

When Gore died in 2012, many obituaries identified him as either gay or bisexual. If he were alive, he would have loudly railed against pinning an identity on him. He hated the very idea of identity, particularly a gay one, believing that they were inherently false. He believed more in the nineteenth-century concept which saw sex and sexuality as simply something one does, and he had no patience whatsoever for those who sought to build an identity — let alone a movement — over something called gay. In that way, he had much in common with anti-gay activists who believe that the very concept of “orientation” is some sort of a homosexual plot to change the world. And yet, Gore’s own promiscuous pansexuality — he said that he had had more than a thousand liaisons before the age of 25 — underscored his own comfort with ignoring the constraints that others would put on him. And yet, he was also an iconoclast’s iconoclast: he maintained a loving, loyal and long-term relationship with his partner, Howard Austen, for fifty-two years until Austen died in 2003. Gore said that the secret to their longevity was that they only had sex once, in the beginning, and then no more. He explained it this way: “It’s easy to sustain a relationship when sex plays no part & impossible, I have observed, when it does.”

 Jake Shears: 1978. He was born in Arizona, but grew up north of Seattle on San Juan Island. When he turned fifteen, he sought out Dan Savage for advice on whether he should come out to his parents. Savage gave him what he later called the worst advice he has ever given:

And after he told me everything I was like: “Oh, they know. They’re just waiting for you to tell them. You should tell them. Just come out to them. They’re waiting. They’re ready.” And he came out to them and they didn’t know and it was a big disaster and they threatened to pull him out of school and they were really angry and so he called me. I had a radio show and he called me and I got him off the air and got his mother’s phone number and called my mother and gave my mother Jake’s mother’s phone number and had my mom call him mom and yell at her. And it helped, but yeah, I gave him so really shitty advice.

(Savage now says that “not everybody is in a position where that is wise or safe and we have to tell these gay teenagers to take a cold, hard look at who their families are and where they live before they take that step.” But this isn’t about Savage, it’s about Shears.)

When Jake was nineteen, he traveled to Lexington, Kentucky to meet up with a former classmate, and that’s where he met Scott Hoffman (better known by his stage name, Babydaddy, see Sep 1). They hit it off immediately, and that turned into Shears’s second great turning point in his life. They move to New York the following year where they immediately immersed themselves into the city’s gay nightlife. In 2000, they formed the Fibrillating Scissor Sisters and began performing in underground clubs. When Ana “Ana Matronic” Lynch joined the duo in 2001, they dropped the word “Fibrillating” from their name and began performing as the Scissor Sisters. They were soon joined by Derik “Del Marquis” Gruen (see Aug 31) on lead guitar and Patrick “Paddy Boom” Seacor on drums, the band’s token male heterosexual. In 2002, the Sisters cut a single, “Electrobix” which proved to be less popular than its B-side, a cover of Pink Floyd’s “Comfortably Numb.”

That got the attention of major record labels, and by 2003 they were recording for Polydor. They proved popular in Britain, but their success in America was thwarted by skittish radio programmers and Wal-Mart, then the largest music seller in the country. Wal-Mart, in particular, objected to the song “Tits On the Radio,” which they described as a “snarling, swaggering attack on conservatism,” and demanded the band record a “clean” version. The band refused.

In 2010, Shears contributed a video to Dan Savage’s “It Gets Better” project, where he talked about the abuse he suffered in high school after coming out, and how he channels those memories into his energetic performances today. In 2012, Scissor Sisters went on a world tour in support of their latest album, Magic Hour. While performing in North London in October, the Sisters announced that they would be taking an indefinite hiatus.

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 Daily Agenda for Thursday, October 2

Jim Burroway

October 2nd, 2014

TODAY’S AGENDA:
Pride Celebrations This Weekend: Asheville, NC; Centreville (Bull Run), VA; Dallas, TX (Black Pride); Ft. Worth, TX; Jacksonville, FL; Little Rock, AR; Miami Beach, FL (Hispanic Pride).

Other Events This Weekend: Gay Days Disneyland, Anaheim, CA; Out on Film, Atlanta, GA; MIX Copenhagen Film Festival, Copenhagen, Denmark; AIDS Walk, Dallas, TX; Key West Bear Fest, Key West, FL; Tampa International Gay and Lesbian Film Festival, Tampa, FL.

TODAY’S AGENDA is brought to you by:

From the Northwest Gay Review, September 6, 1974, page 13.

From the Northwest Gay Review, September 6, 1974, page 13.

Interior of the Pepper Hill Club, two weeks after the raid (Source).

Interior of the Pepper Hill Club, two weeks after the raid (Source).

TODAY IN HISTORY:
Baltimore Police Arrest 162 in Bar Raid: 1955. Quick — name the first gay bar raid that backfired and forced the local police department to abandon such tactics. I suspect most people would probably name the 1969 raid at the Stonewall Inn, but I’m sure you already know that’s the wrong answer. I can’t say that I can pinpoint the very first raid to leave a lasting positive effect, but the 1955 raid at 200 N. Gay Street  in Baltimore — an appropriate address if there ever was one — is probably a very good candidate.

That was the address of the Pepper Hill Club, a gay club on the fringe of what was called “The Block” in East Baltimore, an area that hosted a number of strip clubs and rough bars. Because of its reputation and its proximity to a nearby police station, the Pepper Hill Club quickly became a target for the city’s vice squad. At 11:00 p.m., Lt.Byrne and officer Edgar Kirby stopped in to check on the club, looked around, then left. Less than an hour later, police descended on the club and arrested all 162 patrons, employees and owners for “lewd behavior,” which consisted of male couples hugging, dancing and kissing. “We were met by a human wall,” Sgt. Hyman Goldstein later testified. “We found complete disorder, and in the rear of the place there was no light at all. Back there we found several couples.” He also testified that most of those arrested were from Washington. “We have received word that Washington police are conducting a drive on homosexuals; apparently some of them are coming to Baltimore for their entertainment.”

It took 24 trips in the paddy wagons to get all 162 patrons, employees and owners to the police station. The newspapers reported that the raid was “the largest night club raid ever conducted in Baltimore.” It was also against police policy. Just a few weeks earlier, police had conducted a mass raid at a straight nightclub, and public outrage over that night’s indiscriminate arrests led police commissioner James Hepbron to ban such mass raids. That outrage only grew this time when the courts acquitted nearly everyone in the Pepper Hill case — only four were convicted of disorderly conduct, and one woman was convicted of assaulting an officer when they tried to load her into the van. One man was fined $10 when he insisted on testifying even though his disorderly conduct charge was about to be dismissed. Charges were also dismissed against the club’s owners, Morton Cohen and Vincent Lance, who stood accused of operating a “disorderly house.”

Circuit Judge James K. Cullen sharply reprimanded the police department for the latest mass violations department policy. Commissioner Hepbron agreed with the judge and promised that it wouldn’t happen again, saying that the department’s policy against wholesale arrests would be “reiterated, re-emphasized and, if necessary, re-enforced.” He also disbanded the vice squad and reassigned its personnel to the rackets division. Those actions weren’t enough to satisfy Baltimoreans or state legislators. The following year, the Maryland legislature passed what became known as the “Pepper Hill Law” which formally outlawed mass arrests during bar raids.

Front cover of the Oct 2, 2010 edition of Rolling Stone. (Click to enlarge.)

Ugandan Tabloid Outs LGBT People Under the Headline, “Hang Them!”: 2010. Seemingly out of nowhere, an obscure Ugandan tabloid, Rolling Stone (no relation to the U.S. publication with the same name) published what they said would be the first part of a four part series exposing one hundred LGBT citizens in Uganda. The first installment included the call to “hang them” on the front cover and over the article itself, and featured the faces, addresses and employers of a number of LGBT Ugandans, including LGBT rights activist David Kato and retired Anglican bishop Christopher Senyonjo on the front cover.

This latest development occurred just as it seemed that the tempest over Uganda’s proposed Anti-Homosexuality Bill (also known as the “Kill the Gays” bill, thanks to its death penalty provision) was starting to quieten down. In the face of international outcry, the Ugandan government had been trying to figure out a way out of the mess, and by late 2010, it seemed that the bill had been safely sidelined in a Parliamentary committee until the Rolling Stone cover story threatened the uneasy peace. Uganda’s Media Council moved swiftly to order Rolling Stone to shut down after discovering that the tabloid had not properly registered with the authorities.

November 1, 2010 edition of the Ugandan tabloid "Rolling Stone"

November 1, 2010 edition of the Ugandan tabloid Rolling Stone. (Click to enlarge.)

The tabloid complied, but resumed publishing again on November 1 with a second installment of its outing series. This time, the publication was much more sinister, with reporters apparently obtaining photos and other information from profiles of LGBT Ugandans posted on dating web sites. With each publication, more evidence emerged that the tabloid, which carried virtually no advertising, was receiving support from anti-gay sources. Strong circumstantial evidence suggests that anti-gay pastor Martin Ssempa was a driving force behind Rolling Stone’s activities. Sexual Minorities Uganda quickly obtained a temporary court order barring Rolling Stone from outing individual private persons in Uganda. Two months later, the court made that injunction permanent, and awarded each of the plaintiffs 1,500,000 Uganda Shillings (US$650) for damages, plus court costs.

But by then the damage was done. David Kato, the attorney and LGBT-rights activist whose image appeared on the front cover of that first Rolling Stone “Hang Them” issue and who led the court case against Rolling Stone, was found bludgeoned to death in his home in Kampala.

TODAY’S BIRTHDAY:
65 YEARS AGO: Annie Leibovitz: 1949. “My mother and father took photographs and made eight-millimeter home movies when I was growing up, but I didn’t start taking pictures myself until the late Sixties when I was studying at the San Francisco Art Institute,” she explained in her 2006 monograph, A Photographer’s Life: 1990-2005. She further developed her photography skills while on a kibbutz in Israel in 1969, When she returned to the U.S. in 1970, she became staff photographer for Rolling Stone, quickly rising to chief photographer from 1973 to 1983. While she is known as a portraiture artist, she took her favorite photos while doing reportage, particularly when she was concert-tour photographer for the Rolling Stones in 1975.

John Lennon and Yoko Ono, 1980.

While she liked that work, her personal style of reportage was distinct from photo-journalism. “I’m not a journalist,” she wrote. “A journalist doesn’t take sides, and I don’t want to go through life like that.” Her point of view took her all over the world, including the Sarajevo siege in 1993 and the world’s capitals to photograph kings, queens and celebrities. It’s hard to pick one photo as a perfect example of her intimate style — the touching photos that she took of her lover Susan Sontag on her death bed are particularly poignant — but the most iconic photo perhaps is the 1980 portrait of John Lennon and Yoko Ono that appeared on the cover of Rolling Stone. It turned out that Leibovitz would be the last person to professionally photograph John Lennon on that fateful December day: Lennon was murdered five hours later outside his apartment building in New York City.

In 2001, Leibovitz became a mother for the first time at the age of 52, but the years following would prove to be difficult for her. She spent most of 2004 taking care of Sontag, who was dying of myelodysplastic syndrome which evolved into leukemia. Sontag died the following December. Leibovitz’s father died six weeks later. Editing the photos for A Photographer’s Life: 1990-2005 was an important part of her grieving process. “I would go into (her workshop) every morning… and cry for ten minutes or so and then start working, editing the pictures. I cried for a month. I didn’t realize until later how far the work on the book had taken me through the grieving process.”

Her grieving wasn’t over: her mother died in 2008, and in 2009 Leibovitz fell into serious financial difficulties. She borrowed $15.5 million, using the rights to all of her photographs as collateral. The New York Times< tried to figure out how an artist of such renown could be in such financial trouble. It cited several personal issues, including the recent loss of her father, mother, and Sontag, who died in 2004, and a costly renovation of her townhouses in Greenwich Village. Eventually she was able to negotiate her way through her financial problems and retain control of her work.

In 2011, she published her latest book Pilgrimage, which probably represents her most personal work to date, even though there are no people in the book. She began photographing the pictures for it while dealing with her financial struggles in 2009. She decided to go to places where she had no agenda, no assignment, no requirements from clients. Instead, she chose locations and subjects that meant something to her: Emily Dickinson’s house, Niagara Falls, Sigmund Freud’s couch. “I have a bit of a feeling that I’ve had it with people,” she told The New York Times. “But you don’t ever get away from people, really. And these are pictures of people to me. It’s all we have left to represent them. I’m dealing with things that are going away, disappearing, crumbling. How do we hold on to stuff?”

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 Daily Agenda for Wednesday, October 1

Jim Burroway

October 1st, 2014

TODAY’S AGENDA:
Pride Celebrations This Weekend: Asheville, NC; Centreville (Bull Run), VA; Dallas, TX (Black Pride); Ft. Worth, TX; Jacksonville, FL; Little Rock, AR; Miami Beach, FL (Hispanic Pride).

Other Events This Weekend: Gay Days Disneyland, Anaheim, CA; Out on Film, Atlanta, GA; MIX Copenhagen Film Festival, Copenhagen, Denmark; AIDS Walk, Dallas, TX; Key West Bear Fest, Key West, FL; Tampa International Gay and Lesbian Film Festival, Tampa, FL.

TODAY’S AGENDA is brought to you by:

From Wilde Side, September 1, 1976, page 10.

From Wilde Side, September 1, 1976, page 10.

Roland’s was Maine’s first openly gay bar when it opened its doors in 1967. It had a very rough beginning:

“It was unbelievable what we had to do to keep the door open,” owner Roland Labbe recalled…  In many ways, Roland’s wasn’t very different from a lot of neighborhood watering holes, except it quickly became a common occurrence to have a brick come crashing through the bar’s front window. “It was Saturday night entertainment for the straight crowd,” Labbe said.

After repeatedly replacing the panes, only to have them smashed again the following week, he switched to Plexiglas. The bricks bounced off, leaving scrapes and scars that soon rendered the new windows dirty-looking and barely translucent. “We had gangs coming in to beat up the faggots,” Labbe said. “The one thing I can say about that is we never, ever, backed down from a fight.”

From its opening weekend, Roland’s drew large crowds. While some customers walked in openly, many waited across the street until they thought no one was watching before making the dash to the door. Inside, they found a long bar, walls covered with broken mirrors (souvenirs of fights with gay bashers), a jukebox, pool tables, pinball, shuffleboard and a dance floor with a prominent red light above it. The light was not for atmosphere. It was turned on whenever a stranger entered in order to warn couples to halt any unlicensed shaking of booties. “When the light flashed on,” said Randy Scott, a longtime employee, “everybody ran for the corners like cockroaches.”

Over time, Roland’s became something of a community center for Portland’s gay community, hosting various fundraisers and political discussions. The bar finally went out of business in 1981 after being destroyed in an arson fire. Ironically, the fire wasn’t set by a gay basher, but by a disgruntled drunken customer who had been refused service.

TODAY IN HISTORY:
25 YEARS AGO: Denmark Grants World’s First Registering Partnerships: 1989. Axel Lundahl-Madsen and Eigil Eskildsen made world history when they became the first same-sex couple to have their relationship legally recognized after forty years together. The had been living under a shared surname, Axgil, (an amalgamation of their given names) for 32 years, but in 1989, when they became the first of eleven couples to enter into what was legally called a Registreret Partnerskab (Registered Partnership), their surname became fully legal.

Denmark’s Registered Partnership fell short of full marriage equality, but just barely. When the new law went into effect, registrars who didn’t have the new forms simply re-used the already existing marriage forms. A civil ceremony was still required, with at least two witnesses and promises for better or worse, for sickness and poorer, and so forth. After all that was done, couples were officially “registreret” (registered), although in everyday language everyone just simply said they were “gift” (married).

But there were a few important differences that kept Registered Partnerships from being fully equal to marriage. It didn’t cover adoption rights, artificial insemination availability, or religious wedding ceremonies in state-run Lutheran Churches. Those were still unavailable to same-sex couples. Several bills which would provide full marriage equality have been debated in the Folketing over the ensuing years. The ruling coalition rejected a marriage equality bill in June 2010, but the Folketing decided to extend adoption rights to Registered Partnerships a month later. Finally, in July of 2012, the Folketing approved a bill legalizing same-sex marriage by a vote of 85-24. The law took effect on July 15. Axil and Eigil didn’t live to see full marriage equality in Denmark; Eigel passed away in 1995 and Axel joined him in 2011.

TODAY’S BIRTHDAY:
George Cecil Ives: 1867-1950. The Sacred Band of Thebes, the army of ancient Thebans instituted in 387 B.C., was an elite force of 150 pairs of male lovers. The theory went that soldiers would fight harder and better if they were defending a lover. The Sacred Band met its end fifty years later when the rest of the Theban army fled the forces of Philip II of Macedonia at the battle of Chaeronea. The Sacred Band, instead of fleeing, fought to its death. And so when, in 1897, the German-English poet, writer, and early gay-rights campaigner decided to found a secret society for gay men, he named it the Order of Chaeronea in honor of the brave Sacred Band.

George Ives was already well connected with England’s gay scene, having probably had a brief fling with Oscar Wilde followed, later, with a brief affair with Lord Alfred Douglas. Wilde’s sensational run-in with the law, which dominated the papers of London in 1895, undoubtedly had an affect on Ives. After Wilde was released from prison, Wilde wrote Ives that he believed that a more humanitarian climate may slowly emerge. “I have no doubt we shall win, but the road is long, and red with monstrous martyrdoms,” Wilde wrote. “Nothing but the repeal of the Criminal Law Amendment Act would do any good.” Ives was ready to take on the work of changing society and laying the grounds for repeal, but he couldn’t convince Wilde to join him in what he called the “Cause.” Wilde, his health broken from two years at hard labor, had already given his measure of martyrdom. We don’t know how many other people Ives managed to enlist into the “Cause,” but we do know that some of the members included the Uranian poets Charles Kains Jackson and John Gambril Nicholson, the Rev. Samuel Elsworth Cottam (an Anglican priest who published a gay magazine called Chameleon), and the eccentric self-styled Catholic priest (he was apparently never ordained or part of an order) and occult expert Montague Summers.

Ives’s Order was influenced greatly by the Aesthetic movement — of which Wilde was but one very visible proponent — which mixed philosophy, idealism and art as part of what Wilde’s biographer, Neil McKenna, described as “a new gospel of Beauty.” Members of the Order of Chaeronea observed an elaborate system of rituals, ceremonies, seals, codes, passwords, and a calendar dating from the year of the Battle of Cheronea (1897 was written as C2235). New members swore that “you will never vex or persecute lovers,” and that “all real love shall be to you as sanctuary.”

In 1914, Ives co-founded the British Society for the Study of Sex Psychology with Edward Carpenter (see Aug 29) and Magnus Hirschfeld (see May 14), to promote the scientific study of sex and with it a more rational attitude toward sexual matters. Ives was very interested in the penal reform movement, and wrote several articles and lectures on the subject. When he died in 1950, he left behind a large archive covering his lfie and work, including 122 volumes of diaries 45 volumes of scrapbooks, the latter consisting of clippings on such topics as sensational crimes, penal methods, cross-dressing, homosexuality and cricket scores. His diaries have been a treasure trove of information for historians examining the early gay rights movement in England. His papers were purchased in 1977 by the Harry Ransom Research Center at the University of Texas at Austin.

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