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Box Turtle BulletinNews, analysis and fact-checking of anti-gay rhetoric
“Now you must raise your children up in a world where that union of man and box turtle is on the same legal footing as man and wife…”
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Six AIDS Researchers, Advocates Confirmed Dead on MH17

Jim Burroway

July 19th, 2014

An earlier report from The Australian placed that toll at 108, but this morning Malaysian Airlines released its official manifest which confirms that six AIDS researchers and advocates were on board MH17 on their way to the International AIDS Conference in Melbourne when it was shot down over eastern Ukraine:

Malaysian Airlines has confirmed six HIV/AIDS researchers and advocates were among those who were on an airliner that pro-Russian separatists apparently shot down over eastern Ukraine on Thursday.

Joep Lange, a prominent Dutch HIV researcher who is a former president of the International AIDS Society, which organizes the biennial International AIDS Conference, and his partner, Jacqueline van Tongeren, were among the 283 passengers and 15 crew members who were on Malaysian Airlines Flight 17 from Amsterdam to Kuala Lumpur.

A passenger list that Malaysian Airlines released on Saturday also confirms Pim de Kuijer, another Dutch national who worked for Stop AIDS Now, and Glenn Thomas, a former BBC journalist who was a press officer for the World Health Organization, were also on Flight 17.

The airlines has also confirmed Lucie van Mens, another Dutch HIV/AIDS researcher, and Martine de Schutter, a program manager for Bridging the Gaps, were on the flight.

Report: More Than 100 AIDS Activists Were On Board Aircraft Shot Down Over Ukraine

Jim Burroway

July 17th, 2014

The Australian is reporting that among the passengers of Malaysian Flight 17 that was shot down over Eastern Ukraine were as many as 108 AIDS activists who were flying to Melbourne in Australia to attend the 20th International AIDS conference. That conference is set to begin on Sunday.

Among those thought to have been killed was prominent Dutch researcher Joep Lange, a former president of the International Aids Society. Glenn Thomas, a World Health Organisation media relations coordinator, also died in the crash, according to Dr Haileyesus Getahun, coordinator of the WHO’s Global TB program. Delegates Lucie van Mens, Martine de Schutter, Pim de Kuijer and Jacqueline van Tongeren were also reportedly on the flight. Dr Van Mens, director of program development and support at the Female Health Company, has been involved in public health, focusing on prevention of STIs and HIV/AIDS, since 1995.

The Australian Broadcasting Corporation tweeted that MH17 was due to change its flight number after landing in Kuala Lumpur to MH129 before proceeding to Melbourne.

Malaysian flight in Ukraine included many AIDS researchers/activists

Timothy Kincaid

July 17th, 2014

Buzzfeed is reporting that the Malaysian flight which may have been shot down by Russian forces in Ukraine included a number of prominent AIDS researchers and activists traveling to the AIDS 2014 Conference in Australia. Confirmed so far include Joep Lange, prominent HIV researcher from Netherlands and Glenn Raymond Thomas, a Geneva-based spokesman for World Health Organization.

Compass points get marriage

Timothy Kincaid

July 17th, 2014

Marriage equality is now the law of the land in the

* Southernmost part of the contiguous United States: Ballast Key, Florida

* Northernmost part of the contiguous United States: Sumas, Washington Northwest Angle Inlet in Lake of the Woods, Minnesota [still equal]

* Easternmost part of the contiguous United States: West Quoddy Head, Maine

* Westernmost part of the contiguous United States: Cape Alava, Washington

Utah To Appeal Marriage Decision Directly To Supreme Court

Jim Burroway

July 9th, 2014

After a three-judge panel of the Tenth Circuit Court of Appeals upheld a lower court ruling striking down Utah’s marriage equality ban as unconstitutional, the state’s Attorney General’s office had two options: they could either seek an en banc review by all twelve judges of the Tenth Circuit, or they could appeal directly to the U.S. Supreme Court. (Actually, they have three options: they could have decided not to appeal altogether, but they’ve never shown an inclination to consider that one.) Today, the  Attorney General’s office has announced its decision:

“To obtain clarity and resolution from the highest court, the Utah Attorney General’s Office will not seek en banc review of the Kitchen v. Herbert Tenth Circuit decision, but will file a Petition for Writ of Certiorari to the United State Supreme Court in the coming weeks,” a news release said. “Attorney General Sean Reyes has a sworn duty to defend the laws of our state. Utah’s Constitutional Amendment 3 is presumed to be constitutional unless the highest court deems otherwise.”

The Utah case now stands a very good chance of becoming the first marriage case to reach the U.S. Supreme Court since the high court last summer struck down Section 3 of the Defense of Marriage Act. That decision led to a wave of more than twenty court decisions since then striking down state marriage bans in more than twenty states.


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The Daily Agenda for Saturday, July 19

Jim Burroway

July 19th, 2014

TODAY’S AGENDA:
Pride Celebrations This Weekend: Calabria, Italy; Pride Charlotte, NC (Black Pride); Colorado Springs, CO; Demming, NM; Frankfurt, Germany; Glasgow, Scotland; Kitsap, WA; Leipzig, Germany; Munich, Germany; Reading, PA; Rochester, MN; Rochester, NY; San Diego, CA.

Other Events This Weekend: Sand Blast Weekend, Asbury Park, NJ; Outfest Film Festival, Los Angeles, CA; Miami Beach Bruthaz, Miami Beach, FL; Pink Dot Rally, Okinawa, Japan (Monday only); Bear Week, Provincetown, MA; Roze Maandag (Pink Monday), Tilburg, Netherlands (Monday only); Tokyo International Lesbian and Gay Film Festival, Tokyo, Japan; AIDS Walk, San Francisco, CA.

TODAY’S AGENDA is brought to you by:

From Texas Silver Dollar Times, September 1982, page 28.

From Texas Silver Dollar Times, September 1982, page 28.

The site about ten blocks north of downtown Amarillo, Texas, is now home to the Coco Locos Tejano Nightclub.

Dr. George F. Shrady

Dr. George F. Shrady

TODAY IN HISTORY:
130 YEARS AGO: Medical Journal Describes “Perverted Sexual Instinct”: 1884. One of the many startling things one encounters in nineteenth-century medical journals is the terminology writers deployed to describe something which heretofore had no name. The German word Homosexualität  had another decade to go before it made its way into the English language (see May 6), leaving Dr. George F. Shrady, editor of The Medical Record and one of the nation’s most prominent physicians, some difficulty in describing those whose inclinations were not toward procreation:

SIR THOMAS BROWN once wrote, platonically, that the act of procreation was “the foolishest act a wise man commits in all his life. Nor is there anything that will more deject his cooled imagination.” The physician learns, however, that man, so far from tending toward this ideal, is more apt to show instincts of a violently opposite character, and finds, far down beneath the surface of ordinary social life, currents of human passion and action that would shock and sicken the mind not accustomed to think everything pertaining to living creatures worthy of study. Science has indeed discovered that, amid the lowest forms of bestiality and sensuousness exhibited by debased men, there are phenomena which are truly pathological and which deserve the considerate attention and help of the physician.

That Shrady used the word “pathological” shows that already he had been influenced by various German authors — Carl Westphal (see Mar 23), Karl Heinrich Ulrichs (see Aug 28), Richard von Krafft-Ebing (Aug 14), to name a few — who had already made a name for themselves in the study of Homosexualität (or Urnings, a term that was more widely used in Germany). Before homosexuality became the subject of serious study, it had been written off as mere evil or vice. Viewing it as pathology at least invited society to consider that homosexuals weren’t criminals, but were somehow diseased or deformed, and were merely acting according to what came naturally to them. This framework was considered far more enlightened, because the proper response wouldn’t be punishment and scorn under this understanding, but treatment and pity, an arguable advancement in how gay people would be treated.

But what was the name of this condition? Westphal called it “Contrare Sexualempfindung” (contrary sexual instinct), while others employed various ideas of “inversion” (inverted sexual instinct, inversion of the genesic function, etc.). Early American writers tended to use the term “perverted sexual instinct” with “perverted” taking its original meaning as something which “has been corrupted or distorted from its original course, meaning, or state.” In the nineteenth century, all sorts of things could be “perverted,” including the understanding of religious doctrine (where the term actually originated), the application of economic incentives or the course of justice. It would only take another decade or so before “perverted sexual instinct” became shortened to “perversion,” and the “pervert” would become synonymous with gay people.

MedicalRecordAnd so this is the terminology that Shrady settled on: perverted sexual instinct. He reviewed the literature and found:

Up to that time (1883) only twenty-one cases were on record, three being reported by Americans, the rest mainly by Germans, and none at all by English observers. In a recent number of the Irrenfreund (vol. xxvi., No. I, 1884), Krafft-Ebing has reported six more cases. …In the reported cases of congenital perversion, the abnormal instinct begins oftenest as early as the eighth or ninth year, but shows itself at first, perhaps, only in an inclination to adopt the manners and practices of girls or women. The victims show the somatic basis of their trouble in various ways. There is often an hereditary psychopathic or neuropathic taint. Epilepsy is sometimes present. There are noticed in some cases, though not often, defects of the genital organs, such as hypospadias or epispadias, small or defective testicles. The hair on the face is sometimes thin, the voice almost always soft. The “Urnings” have a mincing gait, and sometimes the hips are broad like those of women. Exacerbations of the perverted feeling appear periodically. It may be accompanied with melancholia and end in insanity or suicide.

The mental peculiarities of these unfortunates have much in common. They are of the artistic, poetical. and imaginative temperament, often exhibiting a tendency to rather weak philosophizing. Sometimes they are of a vigorous understanding. In most cases there is great mental distress felt through a consciousness of their unnatural instincts. Two or three have, like Ulrichs, boldly defended their practices.

As for what to do about these individuals:

If congenital perverted sexual instinct is a pathological rather than a vicious condition, the query arises whether there is any remedy for it. The history of cases reported shows that sometimes the instinct is cultivated and intensified by bad surroundings in childhood, such as, for example, the exclusive society of women and immoral nurses. Excessive sexual indulgence seems to increase it, and we may question whether in a few cases the condition would have ever developed, were it not for an early abuse and misdirection of the sexual powers. In conditions of nervous exhaustion and weakness, the symptoms are exaggerated, and Krafft-Ebing, in his last communication, reports the case of a married man, previously healthy, who experienced an entire change in the sexual feeling, which lasted for twenty-five years. He was then cured by general faradization and other tonic measures.

“Faradization” refers to the use of electrical instruments to induce an electrical current or magnetic field in the vicinity of an afflicted body part or in general areas of the head or body.  (This is not the same as electric shock conversion therapy, which would come about much later (see Mar 11).) The late nineteenth century belief in the power of electricity and magnetism to cure all sorts of maladies gave rise to a thriving industry geared toward providing doctors with all sorts of “quack” instruments. “Tonic measures,” of course, refers to who knows what sort of snake oil which would may have been prescribed to restore masculine vigor to the unfortunate soul. (One wonders why NARTH hasn’t looked into these.) Shrady closes with this description:

In conclusion, we believe it to be demonstrated that conditions once considered criminal are really pathological, and come within the province of the physician. We have undertaken, therefore, the disagreeable task of laying some of the facts regarding sexual perversion before our readers. The profession can be trusted to sift the degrading and vicious from what is truly morbid.

We cannot do better than append the conclusions which Krafft-Ebing has reached upon this subject. He says: ” 1. There exists a congenital absence of sexual feeling toward the opposite sex, at times even disgust of sexual intercourse. 2. This defect occurs in a physically differentiated sexual type and with a normal development of the sexual organs. 3. Absence of the psychical qualities corresponding to the anatomical sexual type, but the feelings, thoughts, and actions of a perverted sexual instinct. 4. Abnormally early appearance of sexual desire. 5. Painful consciousness of the perverted sexual desire. 6. Sexual desire toward the same sex. 7. The sexual desire remains purely platonic or finds gratification in mutual onanism, or in feeling of the object of the affections. Often there is self-pollution, but for the want of something better. 8. There are symptoms of a morbid excitability of the sexual desires, together with an irritable weakness of the nervous symptoms, so that sensuous feelings, magnetic sensations, and even pollutions occur in simply touching the object of the affections. 9. The perverse sexual impulse is abnormally intense and rules all thought and sensation. The love of such individuals is excessive even to adoration, and is often followed by sorrow, melancholy, and jealousy. 10. People afflicted with this abnormity frequently possess an instinctive power to recognize one another.”

In this last conclusion we cannot agree. The power of mutual recognition is not instinctive but acquired.

Dr. Shrady’s credentials were very impressive when he wrote this article. He was president of the New York Pathological Society, a fellow of the American and New York Academies of Medicine, a member of the New York State Medical Society.  He had served as a consultant or resident physician for a number of prominent New York hospitals, and was he was a trustee of the Hudson State Hospital for the Insane in Poughkeepsie. He gained national prominence in 1881 when, after President James Garfield was shot, Shrady was called in to consult on the various options for treatment and wrote the autopsy report following Garfield’s death. In 1885, Shrady was in the limelight again as General Ulysses S. Grant’s personal physician while the former president was dying of throat cancer.

[Source: George F. Shrady "Perverted sexual instinct." Medical Record 26, no. 3 (July, 19, 1884): 70-71. Available online for free via Google Books here.]

President Clinton passes members of the Joint Chiefs of Staff at Ft. McNair before announcing his new “Don’t Ask, Don’t Tell” policy.

President Clinton Unveils “Don’t Ask, Don’t Tell” Policy: 1993. “Let me say a few words now about this policy. It is not a perfect solution. It is not identical with some of my own goals. And it certainly will not please everyone, perhaps not anyone, and clearly not those who hold the most adamant opinions on either side of this issue.” With those words, President Bill Clinton unveiled a new policy on gays and lesbians in the military, which he called “Don’t Ask, Don’t Tell, Don’t Pursue.”

This new policy was intended as a compromise posture, after his campaign promise to overturn the military’s blanket ban on gays and lesbians in the military ran into a buzz saw of opposition in Congress led by Sen. Sam Nunn (D-GA), chair of the powerful U.S. Senate Armed Services Committee. With the support of the Joint Chiefs of Staff, Congress began the process of rushing through a federal law to reinforce the Pentagon’s then-existing policy of total exclusion. Clinton’s called for the new law’s repeal went nowhere, so on July 19, he proposed a compromise solution, at a speech at the National Defense University at Ft. McNair:

I have ordered Secretary Aspin to issue a directive consisting of these essential elements: One, service men and women will be judged based on their conduct, not their sexual orientation. Two, therefore the practice, now 6 months old, of not asking about sexual orientation in the enlistment procedure will continue. Three, an open statement by a service member that he or she is a homosexual will create a rebuttable presumption that he or she intends to engage in prohibited conduct, but the service member will be given an opportunity to refute that presumption; in other words, to demonstrate that he or she intends to live by the rules of conduct that apply in the military service. And four, all provisions of the Uniform Code of Military Justice will be enforced in an even-handed manner as regards both heterosexuals and homosexuals. And thanks to the policy provisions agreed to by the Joint Chiefs, there will be a decent regard to the legitimate privacy and associational rights of all service members.

Sen. Nunn and other opponents of lifting the ban altogether accepted this so-called compromise, and it would eventually make it into the Defense Appropriations Act of 1994 passed later that year. But in practice, the compromise fell apart. Service members were discharged based solely on evidence of sexual orientation, recruits were asked about their sexual orientation as part of their enlistment procedure, and any hint that a service member was gay — even if that hint did not come from the service member himself — resulted in an immediate investigation with the goal of discharge from the armed forces. Over the next eighteen years that the policy remained in effect, 14,346 soldiers, sailors and airmen/women were discharged under “Don’t Ask, Don’t Tell” until it was finally repealed in 2011.

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 Friday, July 18

Jim Burroway

July 18th, 2014

TODAY’S AGENDA:
Pride Celebrations This Weekend: Calabria, Italy; Pride Charlotte, NC (Black Pride); Colorado Springs, CO; Demming, NM; Frankfurt, Germany; Glasgow, Scotland; Kitsap, WA; Leipzig, Germany; Munich, Germany; Reading, PA; Rochester, MN; Rochester, NY; San Diego, CA.

Other Events This Weekend: Sand Blast Weekend, Asbury Park, NJ; Outfest Film Festival, Los Angeles, CA; Miami Beach Bruthaz, Miami Beach, FL; Pink Dot Rally, Okinawa, Japan (Monday only); Bear Week, Provincetown, MA; Roze Maandag (Pink Monday), Tilburg, Netherlands (Monday only); Tokyo International Lesbian and Gay Film Festival, Tokyo, Japan; AIDS Walk, San Francisco, CA.

TODAY’S AGENDA is brought to you by:

From This Week In Texas, July 19, 1975.

From This Week In Texas, July 19, 1975.

Henry P. Laughlin, 1964.

Henry P. Laughlin, 1964.

TODAY IN HISTORY:
Psychiatrist Denounces Anti-Gay Witchhunt: 1950. A Senate subcommittee under Joseph McCarthy investigating the federal employment of gay Americans was warned that their investigation would have negative consequences on government functioning. “The immediate effect of the probe is to threaten the emotional security and mental health of many government employees, warned Dr. Henry P. Laughlin of the Washington Psychiatric Society. “This is indeed unfortunate, tending to lower the efficiency and work production of those who have some actual or imagined basis for concern, and especially for those people whose homosexual experiences have been isolated or of a token nature or perhaps never occurred.”

Laughlin however emphasized that he was only speaking for himself and not the Society, before continuing on a line rarely heard in 1950: “Sexual orientation doesn’t enter into a person’s ability or capacity to do work. I am sure that many persons in government, as well as in industry and other areas of endeavor, have made significant contributions, although their orientation happens to be homosexual.” Laughlin’s testimony would fall on deaf years. Tens of thousands of people would be hounded out of their jobs over the next several decades, whether they were gay, suspected of being gay, or simply accused of being gay for whatever reasons.

NYC Police Commissioner Howard Leary

NYC Police Commissioner Howard Leary

New York Police Raid After Hours Club, Mafia Owners Fail To Stoke Another “Stonewall”: 1970. The Stonewall rebellion a year earlier had changed a lot. The gay community was more organized and more assertive than ever before. But there were a few things that hadn’t changed: police continued to raid gay bars and clubs, nearly all of which continued to be mob-owned. The gay community often found itself fighting on two fronts: 1) against direct harassment by the police (especially if one were to stray from well-established gender norms), and 2) from getting caught in the crossfire of a larger economic tug-of-war between organized crime and corrupt police officials. Most people today are very well versed on the first battle, but we often forget how important that second one was at the time. In New York City in the late sixties and early seventies, that second battle often threatened to eclipse the first. A good illustration of that can be found in a police raid that took place at The Barn, an after-hours club in the early morning hours of July 18, 1970. LGBT activist Randy Wicker (see Feb 3) described what happened in his column in GAY, the nation’s first weekly gay newspaper:

Barn baloney bared: New York Police raided the Barn Sunday, July 18th, issued summonses to nine employees and sent dozens of patrons scrambling out of the back rooms and into the streets. Management mafiosi reportedly took to the streets also shouting “gay power” and urging the patrons to return apparently hoping to provoke a confrontation a-la-Stonewall. The Police left shortly thereafter and most of the patrons re-entered the club.

“These raids shouldn’t be conducted at all,” Marty Robinson, GAA (Gay Activists Alliance) Political Affairs Committee chairman, declared. “We don’t like these management people running around the street shouting ‘gay power’ to further their own ends. Gay people should not simply be pawns in a power struggle between the police and underworld elements. A conference with Police Commissioner Leary has been arranged to discuss this matter more fully.

The running battle between the mob and NYPD masked the fact that the current situation was actually mutually beneficial to both parties. Because of the state’s reluctance (and often, outright refusal) to issue liquor licenses to gay businessmen who wanted to open gay bars, the mob stepped in to fill the void by opening unlicensed bars. They made tons of money selling fake, watered-down drinks at exorbitant prices, and they shared the wealth with police officers and officials who were paid to look the other way. Sometimes a payment was missed, sometimes it was shorted, or sometimes a dispute broke out over how much the mob should pay, and that’s when the police would suddenly turn up to conduct a raid. And while they were at it, police could boost their arrest numbers by hauling some of the bar patrons to the station house. It appears that noo such arrests were made in the Barn raid, a restraint which may have helped to lower the temperature among the Barn’s patrons and foil the attempts by the club’s employees to exploit the situation. But police behavior toward the club’s patrons were, typically, hostile, both before and during the raid.

L-R: Lige Clarke and Jack Nichols (publishers of GAY), Jim Owles, and Marty Robinson.

L-R: Lige Clarke and Jack Nichols (publishers of GAY), Jim Owles, and Marty Robinson.

Robinson and Jim Owles, GAA president, led a delegation to meet with Police Commissioner Howard R. Leary to discuss the problem of the mafia-owned bars as well as how the police treated gay people. As GAY reported on August 17:

Jim Owles, president of GAA, told Commissioner Leary that the homosexual community is achieving a new awareness of itself and its problems, partly as a result of its witnessing other minority group struggles and partly as a result of problem. with the police that the gay community continually faces. He charged that raids on after-hours gay bars were made at hours on weekend nights, with police by their mere presence intimidating scores of patrons. “They hang around, they check I.D .’s at random. they indulge in verbal abuse, they station one man at the door and a patrol car out front for several minutes.”

Recently at the Barn (an after-hours bar), Owles contended, a police raid created a very heated atmosphere and near violence. “We’re here to ask you what can be done. Your actions make it difficult for a civil rights organization such as ours that is trying to reform the establishment. When we work against a background of such police tactics, they tend to undermine our efforts and to drive the gay community into the hands of extremists ” Owles charged. Nevertheless, he explained, “we are not asking the police to close down after-hours bars.” He said GAA’s concern was that homosexual patrons should be left alone when police take action against such establishments.”

…Robinson pointed out that the syndicate owns legitimate bars, too. He said “We’re here about a social condition — syndicate control of gay bars and payoffs to police. The bars are run shabbily and are a bad influence on the young kids just coming out who patronize these places and who already don’t know what to make of themselves because of the way society receives them. Such gay bars shouldn’t be tolerated in these years. We can’t live with it. We want to see legitimate bars where there’s no guy at the door with a cigar in his face saying to kids, ‘Welcome to your life- this is it, your subculture, your subterranean existence.’ Commissioner, our desire now is that anyone who’s honest can get into business and stay in without a shakedown, and can get police protection. But we must have police protection for this to be possible.”

…Reinforcing Robinson’s earlier remarks, Owles told the police that successful bars not opened by the syndicate were quickly taken over by it. “In an era when homosexuals are seeking their civil rights, it’s a blatant insult to have to go to a bar taken over by the syndicate. This situation will blow up sooner or later,” he warned. “Hence GAA is pressing for an investigation of alleged collusion between the State Liquor Authority and organized crime. Meanwhile, whatever struggles there are between the police and the syndicate, we simply ask that homosexual patrons not be used as pawns in between.”

Leary countered that if the GAA or anyone in the gay community had specific evidence of official corruption, they should bring it to the police. Owles countered that this was a problem for the NYPD to solve, not his. “As far as a police investigation is concerned,” he said, “it would be most difficult for most homosexuals to appear in court to help you. Actual lives would be in danger.”

The previous April, The New York Times published a front-page article about police corruption using information supplied by two officers, Detective David Durk and Officer Frank Serpico. That article forced New York Mayor John Lindsay to appoint a five-member panel to investigate charges of police corruption. A year later, the commission issued a report saying that police corruption was endemic, and that the mayor and Leary, who by then was a former police commissioner, had failed to act.

[Sources: Kay Tobin. "Police Commissioner Howard Leary Meets with G.A.A." GAY (August 17, 1970): 3, 12.

Randy Wicker. "The Wicker Basket" GAY (August 17, 1970): 8.]

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).

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Florida marriage ban ruled unconstitutional

Timothy Kincaid

July 17th, 2014

lmgarcia
In the first of a pair of marriage lawsuits, Huntsman v. Heavilin, a Florida county court has found that the ban on same-sex marriage violates the US Constitution. The ruling applies only to Monroe County. (Miami Herald)

Monroe County Circuit Judge Luis Garcia overturned Florida’s 2008 constitutional gay-marriage ban on Thursday, and ordered that two Key West bartenders be allowed to wed but not before Tuesday.

Aaron Huntsman and William Lee Jones, who met at a gay pride celebration and have been a couple for 11 years, sued Monroe County Clerk Amy Heavilin in April for a marriage license. Their case mirrors a similar suit in Miami-Dade County, in which six same-sex couples and LGBT advocacy group Equality Florida Institute sued County Clerk Harvey Ruvin for the right to marry.

Judge Garcia found the law in violation of both the Due Process and the Equal Protections provisions of the US Constitution. Additionally, noting that “Where a court suspects animus towards a disadvantaged group a more meaningful level of review is warranted”, Garcia illustrated the animus present in this case.

Fascinatingly, the judge turned to the amicus briefs provided by those opposing equality, specifically to Dr. Judith Reisman, to illustrate their own animus. (Ruling)

The court finds that despite the Amici Curiae assertion that there is no evidence of animus towards homosexuals by the proponents of the Florida Marriage Protection Amendment (FMPA), there is ample evidence not only historically but within the very memorandum of law filed by the Amici Curiae. For example, the affidavits of Dr. Reisman, filed by the Amici Curiae, for the proposition that, “a law encouraging homosexual behaviors appears to increase HIV risk and negative health outcomes and thus creates a danger both to the individual engaging in these behaviors as well as society as a whole.” The Amici Curiae also claims that homosexuality is not the result of biology, genetics or nature, but that in fact it is a choice that is naturally subject to change and within the control of the individual. (See page 20-21 of Amici Curiae memorandum.) The Amici Curiae’s memorandum paints a picture of homosexuals as HIV infected, alcohol and drug abusers, who are promiscuous and psychologically damaged and incapable of long term relationships or of raising children. (Pages 29-39). They contend, “the personal, social and financial costs of these homosexual-specific health problems concern not just those who engage in homosexual activity, but also the larger community of citizens who help provide services and who must bear part of the burden imposed by the health challenges. It is eminently rational for the voters of Florida to seek to minimize the deleterious effect of these conditions on public health, safety and welfare by affirming that marriage in Florida remains the union of one man and one woman.” (Page 39). The court finds that animus has been established by the plaintiffs and that the heightened rational basis test is appropriate.

Also, following an amusing trend, Garcia quoted Scalia on the matter.

Justice Scalia in his dissent in Lawrence v. Texas stated, “Preserving the traditional institution of marriage … is just a kinder way of describing the State’s moral disapproval of same-sex couples,” which is obviously not a legitimate purpose for the unequal treatment.

One of the more interesting side observations in this case is that while Florida Attorney General Pam Bondi expressed her intent to defend the law – and received considerable criticism for doing so – her defense has been so minimal as to infuriate the supporters of inequality.

After the hearing, [Liberty Counsel's Matt] Staver seemed outraged that Tanenbaum spoke for about five minutes at each of the South Florida hearings, and never actually argued in favor of the gay marriage ban.

Staver said [Florida Assistant Attorney General Adam] Tanenbaum’s boss, Florida Attorney General Pam Bondi, “is giving only window dressing to the Florida Marriage Amendment.”

It appears that the State’s sole argument was that states have the right to set marriage law for themselves.

Judge Garcia was appointed in 2000 by former Governor Jeb Bush.

The Daily Agenda for Thursday, July 17

Jim Burroway

July 17th, 2014

TODAY’S AGENDA:
Pride Celebrations This Weekend: Calabria, Italy; Pride Charlotte, NC (Black Pride); Colorado Springs, CO; Demming, NM; Frankfurt, Germany; Glasgow, Scotland; Kitsap, WA; Leipzig, Germany; Munich, Germany; Reading, PA; Rochester, MN; Rochester, NY; San Diego, CA.

Other Events This Weekend: Sand Blast Weekend, Asbury Park, NJ; Outfest Film Festival, Los Angeles, CA; Miami Beach Bruthaz, Miami Beach, FL; Pink Dot Rally, Okinawa, Japan (Monday only); Bear Week, Provincetown, MA; Roze Maandag (Pink Monday), Tilburg, Netherlands (Monday only); Tokyo International Lesbian and Gay Film Festival, Tokyo, Japan; AIDS Walk, San Francisco, CA.

TODAY’S AGENDA is brought to you by:

From Bay Area Reporter, May 15, 1971.

From Bay Area Reporter, May 15, 1971.

The Ambassador Lounge was part of the Ambassador Hotel in San Francisco’s Tenderloin district. Built in 1911, the single room occupancy hotel was an AIDS hospice during the 1980s when under the management of Hank Wilson. But by the late 1990s, the Ambassador had sharply deteriorated into a veritable urban slum. Housing activists applied legal pressure against the slumlord, who sold the building to the Tenderloin Neighborhood Development Corporation, a non-profit that fixes up old buildings in the neighborhood. Repairs were completed in 2003, and the Ambassador now serves as low income housing. It was also listed on the National Register of Historic Places. The old Ambassador Lounge is now an Indian restaurant.

Kenneth Wherry

TODAY IN HISTORY:
“They resign voluntarily, don’t they? That’s an admission of their guilt.”: 1950. Max Lerner, a columnist for the New York Post, began a series of articles on homosexuality in July, 1950, spurred on by the growing hysteria in government and the press over the presence of gay people in federal employment (see Feb 28, Mar 14, Apr 18, May 15, May 19, and Jun 15). On July 17, Lerner published his interview with Sen. Kenneth Wherry (R-NE), the GOP’s floor leader and whip, and a primary backer of the ongoing Senate investigations into gays and lesbian employees in the federal government. Two months earlier, Sen. Wherry had issued a report estimating 3,750 “perverts” were government employees. The interview revealed just how uninformed those crusaders against gays in the federal government really were:

I asked Senator Wherry whether the problem of homosexuals in the government was primarily a moral or a security issue. He answered that it was both, but security was uppermost in his mind. I asked whether he made a connection between homosexuals and Communists. “You can’t hardly separate homosexuals from subversives,” the Senator told me. “Mind you, I don’t say every homosexual is a subversive, and I don’t say every subversive is a homosexual. But a man of low morality is a menace in the government, whatever he is, and they are all tied up together.”

…I asked whether he would be content to get the homosexuals out of the “sensitive posts,” leaving alone those who have nothing to do with military security. There might be “associations,” he said, between men in the sensitive and the minor posts. “There should be no people of that type working in any position in the government.”

…I asked on what he based his view that homosexuals represent an unusual security risk. I cited a group of American psychiatrists who hold that a heterosexual with promiscuous morals may also be a security risk, that some men might be reckless gamblers or confirmed alcoholics and get themselves entangled or blackmailed. The Senator’s answer was firm: “You can stretch the security risk further if you want to,” he said, “but right now I want to start with the homosexuals. When we get through them, then we’ll see what comes next.”

This brought me to the question of definitions. “You must have a clear idea, Senator,” I said, “of what a homosexual is. It is a problem that has been troubling the psychiatrists and statisticians. Can you tell me what your idea is?”

“Quite simple,” answered the Senator. “A homosexual is a diseased man, an abnormal man.”

I persisted. “Do you mean one who has made a habit of homosexuality? Would you include someone who, perhaps in his teens, had some homosexual relations and had never had them since? Would you include those who are capable of both kinds of relations, some who may even be raising families?”

“You can handle it without requiring a definition,” the Senator answered. “I’m convinced in my own mind that any homosexual is a bad risk.”

“But how about those who get pushed out of their jobs when they are only in a minor post, when no security risk is involved, and when they are forced to resign for something they may have done years ago?”

“They resign voluntarily, don’t they?” asked the Senator. “That’s an admission of their guilt. That’s all I need. My feeling is that there will be very few people hurt.”

[Source: Jonathan Ned Katz. Gay American History: Lesbians and Gay Men in the U.S.A. (New York: Thomas Y. Crowell, 1976): pp 95-97.]

APA Refuses To Meet With Gay Rights Groups: 1963. One of the top goals of the early gay rights movement was to get the mental health professions to remove homosexuality from their list of mental disorders. As long as homosexuality remained listed, governmental agencies and private companies had all the excuse they needed to discriminate against gays and lesbians. In 1957, Psychologist Evelyn Hooker began publishing the results of a series of tests which demonstrated that gays and lesbians who weren’t patients of mental health professionals were indistinguishable from heterosexuals (see Aug 30). Before then, the mental health community thought that gays were mentally deficient because all of the prior research had only studied people who were confined to mental hospitals or were seen in clinical settings.

Despite the strength of this new evidence, it would still take many years for it to sink in. In 1963, the American Psychological Association was preparing to meet in Philadelphia for their annual convention. Leading gay activists, under the banner of the newly-formed East Coast Homophile Organizations (ECHO) also planned to meet in Philadelphia at the same time, and they proposed a meeting with members of the APA. But the APA convention’s organizing committee declined the invitation. In a very brief letter to leading gay rights activist Frank Kameny and the Washington, D.C., Mattachine Society, the APA simply said, “This problem” — yes, the APA saw the meeting as a problem — “has already been considered by the Convention Committee and it was decided that it was not in the best interests of the APA to meet with you, nor to publicize your meetings.”

Another nine years would pass before Kameny and Daughters of Bilitis New York activist Barbara Gittings would appear with Dr. John E. Fryer (as “Dr. H. Anonymous.”) on a panel discussion on homosexuality with the American Psychiatric Association (the other APA, which is the keeper of the list of mental disorders known as the DSM) (see May 2). That appearance nearly a decade later would wind up being a key moment leading to the elimination of homosexuality as a mental illness (see Dec 15).

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Catholic Church stops funding immigrants group

Timothy Kincaid

July 16th, 2014

Voz Workers’ Rights Education Project is an organization in Portland, Oregon, which advocates against the deportation of Latinos who are in the United States illegally and facilitates day employment for such persons. Their website lists various organization with which they ally, including National Day Labor Organizing Network and Oregon New Sanctuary Movement.

Not listed on their site is National Council of La Raza, a group which works to improve opportunities for Hispanic Americans. However, NCLR does include Voz among their affiliates; the relationship is primarily that of NCLR providing financial support for the group.

Voz has also, until recently, received funding from Catholic Campaign for Human Development, a program of the US Conference of Catholic Bishops.

But no more. Because NCLR supports Voz and because NCLR also supports marriage equality, the Catholic Church has discontinued funding from Voz. (AP)

Voz Workers’ Rights Education lost a $75,000 grant in June from the Catholic Campaign for Human Development, which is the national anti-poverty, social justice program of the U.S. Conference of Catholic Bishops.

Catholic Campaign director Ralph McCloud said the group asked Voz to cut ties with the National Council of La Raza, a large Latino civil rights organization that endorses marriage equality, to be considered for the grant. Voz has been an affiliate of NCLR since 2009, primarily as a grantee.

After Voz refused to cut its ties, the organization “self-disqualified” itself from the funding process, McCloud said.

Yes, I know that this makes no sense whatsoever. One would think that the positions of Voz would be what matters, not whether the Catholic Church agrees with every policy of someone else who gives them money.

But the US Catholic Bishops have become so obsessed with their losing battle to deny civil marriage equality, that they have placed it as a higher priority than their own charitable endeavors. As for Voz, they were unwilling to become an anti-gay organization just to receive Catholic funds.

“Marriage equality is not the focus of our work; we focus on immigrant rights. But we work with everyone, we don’t discriminate,” Sosa said. “There may be gays and lesbians among our staff or workers, and we can’t turn our backs on them.”

It will be interesting to see how this plays out. I suspect that most organizations who advocate for persons in the United States illegally are in some way affiliated with NCLR. If the Catholic Church applies this standard consistently, they may soon find that they have distanced themselves from all of their allies in their efforts to advance their immigration position.

The Daily Agenda for Wednesday, July 16

Jim Burroway

July 16th, 2014

TODAY’S AGENDA:
Pride Celebrations This Weekend: Calabria, Italy; Pride Charlotte, NC (Black Pride); Colorado Springs, CO; Demming, NM; Frankfurt, Germany; Glasgow, Scotland; Kitsap, WA; Leipzig, Germany; Munich, Germany; Reading, PA; Rochester, MN; Rochester, NY; San Diego, CA.

Other Events This Weekend: Sand Blast Weekend, Asbury Park, NJ; Outfest Film Festival, Los Angeles, CA; Miami Beach Bruthaz, Miami Beach, FL; Pink Dot Rally, Okinawa, Japan (Monday only); Bear Week, Provincetown, MA; Roze Maandag (Pink Monday), Tilburg, Netherlands (Monday only); Tokyo International Lesbian and Gay Film Festival, Tokyo, Japan; AIDS Walk, San Francisco, CA.

TODAY’S AGENDA is brought to you by:

From The Advocate, July 22, 1982, page 31.

From The Advocate, July 22, 1982, page 31.

Houston’s Different Drum, often known simply as the Drum, started out in the early 1970s as an early leather/levi bar called the Locker. Before that, the building housed a dry cleaning business. In the late 1980s, the bar was known as Chutes, and was one of three bars raided by Houston police as their way of kicking off Pride week in 1987. The location today is home to Empire Cafe.

1992_Factor_VIII-large[1]

TODAY IN HISTORY:
CDC Identifies Haitians, People with Hemophilia as Being at Risk for AIDS: 1982. A little more than a year had passed since the Centers for Disease Control and Prevention had issued its first alerts on a new syndrome affecting the immune systems of gay men on the East and West Coasts (see Jun 5, Jul 3). The syndrome still didn’t have an official name, but the popular press was beginning to call it Gay-Related Immune Deficinecy (GRID) or more simply as the “gay cancer,” for the rare form of skin cancer that often stalked people with this puzzling condition. The CDC, for its part, simply referred to the two main opportunistic infections that afflected those with this immune deficiency: the hitherto rare Pneumocystis carinii Pneumonia (PCP) and that “gay cancer, Kaposi’s sarcoma (KS). By the end of the year, the CDC noticed similar conditions among intravenous drug users. This relegated the disease to two “guilty” groups: gays and drug addicts.

1983-12-17-SMH-AIDS-scare-kills-off-Haitis-tourist-industry-620x874[1]But that would change. On July 9, the CDC issued a report identifying CDC and KAS among recent Haitian immigrants in the U.S. The report described twenty patients ranging from twenty-two to forty-three years old, three of them women. They had all been born in Haiti and living in the Miami-Dade area for anywhere from one month to seven years. Ten more patients from Haiti were found in Brooklyn, and three others were in California, Georgia and New Jersey. “None of the 23 Haitian males questioned reported homosexual activity, and only 1 of 26 gave a history of IV drug abuse — substantially lower than the prevalence reported for heterosexual patients of other racial/ethnic groups who had Kaposi’s sarcoma or opportunistic infections. … It is not clear whether this outbreak is related to similar outbreaks among homosexual males, IV drug abusers, and others, but the clinical and immunologic pictures appear quite similar. CDC is currently collaborating with local investigators to define this problem and identify risk factors.” By the end of the year, Haiti’s growing tourism industry would collapse.

So now the at-risk populations were homosexuals, drug users, and Haitian immigrants — three marginalized groups which most people found difficult to identify with. (French researchers were finding the syndrome among a much more diverse group of paitents, including African immigrants and residents, but that news hadn’t made it to the New World yet.) Meanwhile the ink was barely dry on that CDC report when, just a week later, the CDC issued another report identifying the same syndrome among three people with Hemophilia A who were being treated with Factor VIII, a blood-clotting protein that was extracted from donated blood plasma. This gave the CDC its first solid clue about how the new syndrome might be transmitted:

The clinical and immunologic features these three patients share are strikingly similar to those recently observed among certain individuals from the following groups: homosexual males, heterosexuals who abuse IV drugs, and Haitians who recently entered the United States.(1-3) Although the cause of the severe immune dysfunction is unknown, the occurrence among the three hemophiliac cases suggests the possible transmission of an agent through blood products.

That clue would be reinforced five months later when the CDC, having adopted the “Acquired Immune Deficiency Syndrome” as the official name for the condition just a few months earlier, reported on a 20-month-old infant who experienced an immune deficiency following a transfusion. It would also mark AIDS’ transition from being a disease contracted solely by suspect groups to one that ordinary “innocent” Americans could get.

Reinaldo Arenas

TODAY’S BIRTHDAYS:
Reinaldo Arenas: 1943-1990. His background would have made him  tailor-made for Fidel Castro’s revolutionary Cuba. Arenas was born to a destitute family in the rural Oriente province, Castro’s native province and the cradle of the revolution that Arenas joined as a teenager. Arenas moved to Havana in 1961, and became a researcher at the José Martí National Library from 1963 to 1966. His 1965 semi-autobiographical novel, Singing from the Well, was the first novel of his five-part Pentagonia (The Five Agonies) series, which he described as “the secret history of Cuba.” Singing From the Well was awarded a first honorable mention by a committee of Cuban writers, and the Prix Medici in France four years later.

Singing From the Well would be Arenas’s only novel to be published in Cuba, and it would never be reprinted there beyond its initial printing of 2,000 copies because of Arenas’s open homosexuality. Cuba’s benefactor, the Soviet Union, saw homosexuality as a product of a decadent capitalist society, ideas which easily took root in Cuba which already had its own entrenched homophobic qualities. Castro regarded regarded homosexuality as a bourgeois decadence (“In the country, there are no homosexuals,” he once said), and declared that “we would never come to believe that a homosexual could embody the conditions and requirements of conduct that would enable us to consider him a true Revolutionary, a true Communist militant.” New laws were passed and concentration camps were opened to house Cuba’s homosexuals, particularly effeminate men, who were believed to have violated the ideal of Cuba’s “new man.” Those prison camps were supposed to turn these men into the New Man through forced labor, scarce food, shaved heads, and physical mistreatment.

Arenas avoided that fate and managed to find work as a journalist and editor for the literary magazine La Caceta de Cuba, although he was prohibited from publishing abroad while the government refused to publish his books at home. His second novel, Hallucinations, published abroad in 1968, violated that ban. In 1970, Arenas was officially branded a “social misfit” and sentenced to a labor camp to cut sugar cane. When he still managed to get his works smuggled out of Cuba and published abroad, the Cuban government sent him to the notorious El Morro Prison from 1974 to 1976 for being a “counterrevolutionary.” Arenas continued writing, both in and out of prison. He wrote Farewell to the Sea three times because the authorities kept confiscating it. He dedicated his epic poem, El Central, to “my dear friend R., who made me a present of 87 sheets of blank paper.” He tried to escape Cuba, but the attempt ending in failure and more imprisonment. He was finally able to escape during the 1980 Mariel boatlift thanks to a bureaucratic snafu.

On arriving in the United States, he settled to New York and launched a frenzied period of writing: novels, short stories, poetry, essays, and newspaper articles. The two decade saw the publication of the rest of Pentagonia, with The Palace of the White Skunks (1982), Farewell to the Sea (1987), The Color of Summer, (1990), and The Assault (1992). The last major work he wrote was his autobiography, Before Night Falls, which was posthumously published in 1992. Mario Vargas Llosa, the Nobel Prize-winning Peruvian author, praised Before Night Falls and Arena’s uncompromisingly frank — some may say explicit — depiction of his homosexuality in defiance of the homophobia of his Spanish-speaking audience: “This is one of the most moving testimonies that has ever been written in our language about oppression and rebellion, but few will dare to acknowledge this fact since the book, although one reads it with an uncontrollable appetite, has the perverse power of leaving its readers uncomfortable”

Weak with AIDS, without health insurance and living in poverty ever since leaving Cuba, Arenas killed himself in his Hell’s Kitchen apartment on December 7, 1990. He titled his final poem Self-Epitaph:

A bad poet in love with the moon,
he counted terror as his only fortune:
and it was enough because, being no saint,
he knew that life is risk or abstinence,
that every great ambition is great insanity
and the most sordid horror has its charm.

He lived for life’s sake, which means seeing death
as a daily occurrence on which we wager
a splendid body or our entire lot.
He knew the best things are those we abandon
— precisely because we are leaving.
The everyday becomes’ hateful,
there’ s just one place to live, the impossible.
He knew imprisonment offenses
typical of human baseness;
but was always escorted by a certain stoicism
that helped him walk the tightrope
or enjoy the morning’s glory,
And when he tottered, a window would appear
for him to jump toward infinity.

He wanted no ceremony, speech, mourning or cry,
no sandy mound where his skeleton be laid to rest
(not even after death he wished to live in peace).
He ordered that his ashes be scattered at sea
where they would be in constant flow.
He hasn’t lost the habit of dreaming:
he hopes some adolescent will plunge into his waters.

Tony Kushner: 1956. He is most acclaimed for his Pulitzer prize-winning play, Angels In America, the seven-hour epic about the AIDS crises in the Ed Koch-era of New York. Kushner wrote the play for eight actors, but stipulated that each of the actors was to play multiple roles (including multiple genders) throughout the production. When he adapted the play for an HBO miniseries starring Meryl Streep and Al Pacino, the same construct was applied. In addition to the 1993 Pulitzer Prize for Drama, Kushner won the Tony Awards for Best Play in 1993 and 1994 (Angels In America is actually in two parts, Millennium Approaches and Perestroika, each having its own separate Broadway debut.)

After the turn of the new millennium, Kushner began writing for film, co-writing the screenplay for Steven Spielberg’s Munich. Most recently, he was the screenwriter for Spielberg’s Lincoln, starring Daniel Day-Lewis and based on Doris Kearns Goodwin’s book, Team of Rivals: The Political Genius of Abraham Lincoln, for which Kushner won an Academy Award, Golden Globe, BAFTA, and a Writers Guild award for best adapted screenplay. In 2013, Kushner was one of twenty-four recipients for the National Medal of Arts and Humanities from President Barack Obama.

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Croatia passes partnership law

Timothy Kincaid

July 15th, 2014

Croatian coast
Things have been a bit of a roller coaster for the gay citizens of Croatia, the nation comprising much of the coastline across the Adriatic Sea from Italy.

Last July Croatia joined the European Union, after passing a non-discrimination law. Almost immediately, a government commission proposed a referendum to ban marriage equality. And in December 2013, the electorate declared their support for discrimination by a two-thirds vote (though with a very low voter turnout).

But later that month the government proposed a ‘life partnership’ registry, and now that legislation has passed. (Ansamed)

La Croazia si è unita oggi ai Paesi che riconoscono le unioni civili tra le coppie dello stesso sesso, garantendo alle coppie gay e lesbiche tutti i diritti delle coppie sposate, con l’eccezione dell’adozione dei figli, e definendo queste unioni come una forma di vita famigliare.

Il Parlamento di Zagabria ha approvato oggi con 89 voti a favore, giunti dai banchi dei partiti di centro-sinistra e liberali che formano la coalizione di governo la Legge sulle unioni civili tra le coppie omosessuali, modellata in maggior parte su quella tedesca. Contro hanno votato 16 deputati di destra e centro-destra, che non si oppongono alla necessità di regolare le coppie omosessuali, ma considerano questa legge troppo liberale.

Google Translate:

Croatia has today joined the countries that recognize civil unions between same-sex couples, granting gay and lesbian couples all the rights of married couples, with the exception of the adoption of children, and defining these unions as a form of family life.

The Parliament in Zagreb today approved with 89 votes in favor, came from the banks of the parties of the center-left and liberals who form the ruling coalition the Law on civil unions between same-sex couples, modeled in most of the German. 16 deputies voted against right-wing and center-right, which is not opposed to the need to regulate same-sex couples, but consider this law too liberal.

One of the complications which the community had faced was a Constitutional requirement that the State ‘protect the family’. Lawmakers got around that problem by defining life partnerships to be a form of family.

Obama Administration to Argue Against State Marriage Bans Before Supreme Court

Jim Burroway

July 15th, 2014

Over the weekend, Attorney General Eric Holder announced that the Justice Department will urge the U.S. Supreme Court to uphold lower court rulings which have struck down bans against same-sex marriage in more than twenty states:

If the Supreme Court agrees to hear any of those cases, the Justice Department will file a brief with the court that “will be in support of same-sex marriage,” Holder said in a rare interview, sitting down with ABC News’ Pierre Thomas.

Holder said the brief would be “consistent with the actions that we have taken over the past couple of years.” The Justice Department has refused to defend the Defense of Marriage Act, which defines marriage as between a man and a woman, and its legal efforts to extend federal benefits to same-sex couples have been successful.

Holder called the battle for marriage equality “a defining civil rights challenge of our time.”

Last week, the Attorney General’s office for the state of Utah announced that it would take its appeal of a lower court ruling striking down the state’s same-sex marriage ban straight to the U.S. Supreme Court rather than ask for an en banc hearing before the entire Tenth Circuit. A three-judge panel of the Tenth Circuit in June upheld a Federal District Court’s ruling which declared Utah’s ban against same-sex marriage unconstitutional.

The Daily Agenda for Tuesday, July 15

Jim Burroway

July 15th, 2014

TODAY’S AGENDA is brought to you by:

From GPU News, July 1978, page 20.

From GPU News, July 1978, page 20.

gbg77-barint-p07-ballgame-1Milwaukee’s Ball Game opened in 1974, in a building that had been home to a procession of gay bars going back to the early 1960s. The Ball Game hosted a number of shows and special events, including drag shows and pageants. And as the name implies it also sponsored soft ball teams and other community activities.  By 2000, Milwaukee’s gay bar scene had moved out of the area and patronage at the Ball Game started to fall off. The bar finally closed in 2012.

TODAY IN HISTORY:
New York’s WBAI Radio Broadcasts Talk Show Featuring Eight Gay Men: 1962. There had long been an inherent tension among the various local chapters of the Mattachine Society between those who, because of their experience with the McCarthy-led Lavendar Scare witchhunt in the early 1950s, feared public scrutiny and exposure, and those who argued for greater visibility. Randy Wicker, was among the latter (see Feb 3). To get around some of the group’s objections, Wicker established a separate entity he called the Homosexual League of New York, an organization that consisted solely of himself, and which gave him the freedom to act independently while giving others a sense that there was an organization behind him.

Earlier in 1962 WBAI, New York’s listener-supported progressive Pacifica radio station, aired an hour-long special, “The Homosexual In America.” It featured a panel of psychiatrists who described gay people as sick and in need of a cure — a cure that they could provide with just a few hours of therapy. Wicker was insensed, not only at the ignorance of these so-called “experts,” but also because, once again, there was a panel of straight people talking about gay people with nary a gay person in sight.

Wicker marched into the WBAI studios and confronted Dick Elman, the station’s public affairs director. “Why do you have these people on that don’t know a damn thing about homosexuality? They don’t live it and breathe it the way I do. … I spend my whole life in gay society.”  Wicker demanded equal time and Elman agreed, provided Wicker found other gay people willing to go on the air as part of a panel.  When plans for the program were announced, the New York Journal-American went ballistic. Jack O’Brian, the paper’s radio-TV columnist, wrote that the station should change its callsign to WSICK for agreeing to air an “arrogant card-carrying swish. …We’ve heard of silly situations in broadcasting, but FM station WBAI wins our top prize for scraping the sockly barrel-bottom.”

WBAI went ahead despite the controversy and the program, titled “Live and Let Live,” featured Wicker and seven other gay men talking for ninety minutes about what it was like to be gay.  They talked about their difficulties in maintaining careers, the problems of police harassment, and the social responsibility of gays and straights alike. The program’s host guided the programs with questions to the panel. “Is there harassment?” he asked. One panelist described some of the police harassment he had expeirenced, when one officer “roared up, jumped out of the car, grabbed me, and started giving me this big thing about ‘What are you doing here, you know there are a lot of queers aroudn this neighborhood.’ He said, ‘You know, there’s only one thing worse than a queer, and that’s a nigger’.”

The following morning, The New York Times’s Jack Gould called the program “the most extensive consideration of the subject to be heard on American radio” — a statement that betrays his own unawareness of several similar programs which had already aired on radio and television in San Francisco and Los Angeles years earlier. Nevertheless, he wrote that “it succeeded, one would think in encouraging a wider understanding of the homosexual’s attitudes and problems.” Newsweek called the program “96 minutes of intriguing, if intellectually inconclusive listening.” A group of listeners lodged a complaint with the Federal Communications Commission and challenge the station’s broadcast license. When the FCC recognized the broadcast as a legitimate exercise in free speech, it signaled to other radio and television stations that homosexuality was an acceptable topic for broadcast (see Jan 23).

TODAY’S BIRTHDAYS:
Samuel Reber, Jr.: 1903-1971. He was a well-regarded American diplomat who spent twenty-seven years in the Foreign Service. During World War II, Reber scored a significant diplomatic success by getting Vichy France to agree that French colonies and possessions, ships and planes in the Caribbean would not be used by the Axis powers, an agreement which underscored Vichy’s weakness as a French power. Reber then joined the Allied Control Commission in Italy, and from there he served as the U.S. representative to the Allied French government in 1944. By 1946, he was a political adviser to the U.S. delegation at the Council of Foreign Ministers Conference in Paris, in 1947 he was director of the State Department’s Office of European Affairs, and in 1950 he joined in the Allied High Commission as an adviser for the U.S. High Commissioner for Germany.

Beginning in 1948, Reber faced his greatest diplomatic challenge working t for an Austrian peace treaty while enduring years of threats and insults from the Soviet Union. His work ultimately laid the groundwork for an independent Austria remaining outside of the Soviet block. But the treaty guaranteeing that independence wouldn’t come about until two years after Reber was forced out of the State Department in 1953. That’s when Sen. Joseph McCarthy’s Red Scare — and the accompanying Lavender Scare — was in full force in the U.S. Senate. McCarthy charged that the upper ranks of the State Department were filled with communists and homosexuals, prompting a wide-ranging witch hunt within the department. Reber was called in for a polygraph test and interviews on March 17 and 19, 1953. That investigation uncovered “a lot of admissions” about homosexuality. When McCarthy threatened to reveal allegations of Reber’s homosexuality, Reber promptly announced his retirement in May 1953, effective July 15 when he turned 50.

But because of Reber’s high profile, the reasons for his resignation quickly became well known in diplomatic and political circles. In 1954, McCarthy would use Reber’s resignation against his brother, Major General Miles Reber, who was called to testify on the first day of the Army-McCarthy hearings. According to Time magazine:

Returning to twist the dirk already thrust into the Reber brothers, McCarthy asked General Reber: “Are you aware of the fact that your brother was allowed to resign when charges that he was a bad security risk were made against him as a result of the investigation of this committee?” Jenkins roared in protest. McClellan roared in protest. McCarthy talked on, stuck to his question. General Reber sat in silence, gripping the edges of the witness table until his knuckles showed white. Finally, McCarthy, having made his point over radio and television, dismissed the entire question as unimportant, and grandly said he would withdraw it.

But West Pointer Reber would not have it so. In a voice thick with emotion, he asked to be allowed to answer the “very serious charge” made against his brother. After another long argument, Reber said simply: “. . . As I understand my brother’s case, he retired, as he is entitled to do by law, upon reaching the age of 50 … I know nothing about any security case involving him.” With a sigh of relief, Chairman Mundt dismissed Reber, thanking him for his frank manner—a remark to which McCarthy, who seemed determined to resent any civility, made a formal objection.

David Cicilline

David Cicilline: 1961. When he was elected mayor of Providence, Rhode Island, in a landslide in 2002, David Cicilline became the first openly gay man to become mayor of a state capital. He held that position until 2011, when he went to Congress to represent Rhode Island in the U.S. House of Representatives after a surprisingly close race against his Republican opponent in what was supposed to be a safe Democratic seat. When he joined Congress, he became one of four openly gay representatives in the House. Cicilline was re-elected in 2012, despite falling approval raitings, partly due to Providence’s near bankruptcy in the wake of Cicilline’s eight years as mayor.

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).

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The Daily Agenda for Monday, July 14

Jim Burroway

July 14th, 2014

TODAY’S AGENDA is brought to you by:

From Bay Area Reporter, July 15, 1971, page 25.

From Bay Area Reporter, July 15, 1971, page 25.

Sr. Jeannine Gramick, Fr. Robert Nugent

TODAY IN HISTORY:
 15 YEARS AGO: Vatican Orders Priest and Nun To Halt Pro-Gay Ministry: 1999. New Ways Ministry, founded in 1977 by Sr. Jeannine Gramick and Fr. Robert Nugent, was (and still is) “a gay-positive ministry of advocacy and justice for lesbian, gay, bisexual, and transgender (LGBT) Catholics, and reconciliation within the larger Christian and civil communities.” The ministry’s name was inspired by a 1976 pastoral letter by Bishop Francis J. Mugavero of Brooklyn which, while emphasizing “chastity is a virtue which liberates the human person,” nevertheless “pledge[d] our willingness to help you bear your burdens, to try to find new ways to communicate the truth of Christ because we believe it will make you free.”

Free from what, exactly, the letter didn’t say. (This was before the religious ex-gay movement was founded in 1976.) But Sr. Gramick and Fr. Nugent saw that the clearest path to freedom was to create wider acceptance for gay and lesbian Catholics within the Catholic Church. Sr. Gramick came by her advocacy for gay people a few years earlier while working on her Ph.D. at the University of Pennsylvania, where she befriended a gay man and began ministering to those who had left the Church because of its stance toward gay people. Fr. Nugent had been involved with pastoral ministry and counseling to gay Catholics since 1971. When Fr. Nugent and Sr. Gramick co-founded New Ways Ministry at Mt. Rainier, MD., it attracted almost immediate attention from the Church’s hierarchy. In 1984, Archbishop of Washington James Cardinal Hickey’s criticisms of New Way Ministry led the Vatican to order Fr. Nugent’s and Sr. Gramick’s resignation. They complied, but continued speaking and writing about gay and lesbian issues within the church.

On July 14, 1999, the Vatican’s official newspaper, L’Osservatore Romano, published a “Notification regarding Sr. Gramick and Fr. Nugent“, from the Congregation for the Doctrine of the Faith (CDF), which is charged with enforcing adherence to Catholic doctrines. The CDF, under the leadership of Cardinal Joseph Ratzinger (who would later become Pope Benedict XVI), “permanently prohibited” Sr. Gramick and Fr. Nugent “from any pastoral work involving homosexual persons and are ineligible, for an undetermined period, for any office in their respective religious institutes.”

Fr. Nugent responded with a lengthy statement describing his experience with Vatican officials during the previous two decades. That prompted a further order from the Vatican prohibiting him from speaking any further “about the Notification itself, about the ecclesiastical processes that led to it or about the issue of homosexuality.” Fr. Nugent then decided to return to parish-based ministry.

But Sr. Gramick refused to complying with the silencing. “I choose not to collaborate in my own oppression by restricting a basic human right [to speak]. To me this is a matter of conscience.” She then transferred from the School Sisters of Notre Dame to the Sisters of Loretto, where she has continued her work for social justice and outreach to LGBT people. In 2004, Sr. Gramick became the subject of a powerful documentary film, In Good Conscience: Sister Jeannine Gramick’s Journey of Faith, directed by Albert Maysles of Grey Gardens and Gimme Shelter fame. New Ways Ministry continues its work of independent advocacy on for LGBT Catholics.

TODAY’S BIRTHDAYS:
Arthur Laurents: 1917-2011. The three-time Tony Award winning playwright, director and screenwriter started out by writing scripts for radio shows and training films for the U.S. Army during World War II. One photograph of GIs in the South Pacific jungle inspired him to write Home of the Brave about anti-Semitism in the military. The play opened on Broadway in 1945 and ran for sixty nine performances. (When the play was adapted for the 1949 film, the topic switched from anti-Semitic to anti-black bigotry.) That first run wasn’t a long one, but its controversial subject would come back to haunt him later when he was called before the House Un-American Activities Committee and was placed on the infamous entertainment blacklist during the McCarthy red scare.

His tenure on the list was relatively brief, and by the mid-1950s, Laurents was in Broadway and Hollywood’s good graces again. Good thing, because he went on to write West Side Story and Gypsy, and the script for Alfred Hitchcock’s The Rope. He also wrote the scripts for the films The Way We Were and The Turning Point, and directed the 1983 stage production of La Cage Aux Folles. Laurents died in 2011 in New York of pneumonia at the age of 93. His partner of more than fifty years, Tom Hatcher, had preceded him in 2006. In honor of Laurents’s career, the lights on Broadway were dimmed at 8:00 p.m. the following night.

Charles Pierce

Charles Pierce: 1926-1999. The self-styled “male actress” was very clear about what he was and what he was not. “You can call me an impersonator, an impressionist, a mimic, or a comic in a dress. But not a drag queen! A drag queen is someone who dresses up and goes to a ball! I’m an entertainer.” And what an entertainer he was. His impersonations included Bette Davis, Mae West, Tallulah Bankhead, Gloria Swanson, Katharine Hepburn, Joan Crawford, Joan Collins and Carol Channing, who said “He did Carol Channing better than I did. He titled his 1990 show, “The Legendary Ladies of the Silver Screen: All Talking, All Singing, All Dancing… All Dead.”

Pierce began his male actress career after another drag performer, who impersonated Bette Davis and Tallulah Bankhead, rejected Pierce’s suggestions on how to improve his act. Pierce then decided he could do a better job. In some of the clubs in the early fifties, Pierce performed while wearing a tuxedo because of laws banning cross-dressing, but by the time he moved to San Francisco and was a regular performer at the Gilded Cage, he was performing in ever more elaborate costume. Eventually, he caught the attention of Hollywood producers and got guest roles in movies and television, including a guest stint on Designing Women where he impersonated Joan Collins and Bette Davis. He died in 1999, following a long battle with cancer.

My Mom: 1940. Happy Birthday Mom!

Jane Lynch: 1960. Nobody does bitter sarcasm like Jane Lynch. Since 2009, she has played the role of Sue Sylvester on Glee, where her Emmy-, People’s Choice- and Golden Globe-winning performance is the only rational reason why anyone would want to watch Glee (in my opinion at least). She has also appeared in The 40-Year-Old Virgin and had a recurring role in The L Word. In 2010, Lynch married clinical psychologist Dr. Laura Embry in Sunderland Massachusetts — you can see their video for Dan Savage’s “It Gets Better” project here – but the couple divorced in January 2014.

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).

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The Daily Agenda for Sunday, July 13

Jim Burroway

July 13th, 2014

TODAY’S AGENDA:
Pride Celebrations This Weekend: Bellingham, WA; Bournemouth, UK; Leipzig, Germany; Lincoln, NE; Rapid City, SD; San Luis Obispo, CATacoma, WA; Valletta, Malta.

Other Events This Weekend: Aomori International LGBT Film Festival, Aomori, Japan; Rocky Mountain Regional Rodeo, Denver, CO; Durban Gay and Lesbian Film Festival, Durban, South Africa; Outfest Film Festival, Los Angeles, CA; Bear Week, Provincetown, MA; Tokyo International Lesbian and Gay Film Festival, Tokyo, Japan.

TODAY’S AGENDA is brought to you by:

From GPU News (Milwaukee, WI), June 1974, page 20.

From GPU News (Milwaukee, WI), June 1974, page 20.

 
Chicago’s Twenty-One Club, opened in 1961, was raided by police in September 1969, just a few months after Stonewall. According to a brief article written by Bill Kelley for Mattachine Midwest:

The first raid of the current series occurred in the early morning hours of Saturday, Sept. 20, when the 21 Club was hit and 12 persons were arrested and charged with public indecency. (Public indecency is defined as lewd fondling on the body in public, and Chicago police routinely apply the law to cover homosexual dancing and even two men with arms over each other’s shoulders. Allegations of lewd fondling are always thrown in, but the real police target is harmless activity on a par with accepted heterosexual behavior.)

As usual, nothing was going on, but the time had come, so the 21 club was raided and innocent victims grabbed. Woody, the owner, was taken in and quite generously bailed out the patrons. He contacted MM, gave us details of the event and took an MM referral attorney. Moreover, Woody has helped raise funds for the legal defense of the patrons ( a benefit cocktail party was being held on Sunday, Oct. 21, as this went to press).

At some point, Club 21 became known as Legacy 21. It was still in business in 2001 when the Chicago Tribune published this brief profile which noted that the bar was the oldest gay bar still operating. I haven’t been able to track down when the club finally closed, but by 2012 it was boarded up tight, its large yellow sign was still hanging out front.

vere

TODAY IN HISTORY:
Gay Pub Raided in London: 1810. From The Times of London:

The existence of a Club, or Society, for the purpose so detestable and repugnant to the common feelings of our nature, that by no word can it be described without committing an outrage upon decency, has for some time been suspected by the Magistrates of Bow-street; who cautiously concealing the odious secret, abstained from taking any steps on the information they had received, until an opportunity should offer of surprising the whole gang. About 11 o’clock last Sunday evening, three separate parties of the patrole, attended by constables, were detached from Bow-street on this service. … The enterprise was completely successful. — We regret most deeply, that the information given at the office was found to be so accurate, that the Officers felt themselves justified in seizing no fewer than 23 individuals, at a public-house, called the White Swan, in Vere-street, Clare-market.

Two men were found guilty of sodomy and were hanged. Six more were found guilty of attempted sodomy and were made to stand at the pillory. The crowds who turned out for the pillory were particularly violent, throwing rotten fish, dead cats, “cannonballs” made of mud, and vegetables at the convicted men. The men were severely injured and barely survived their allotted time at the pillory.

30 YEARS AGO: “Brothers” Debuts: 1984. The first American television program featuring a gay lead character finally debuted on Showtime. The show, set in Philadelphia, centered around the three Waters brothers: Lou was a typical blue-collar construction foreman, Joe was a retired placekicker for the Philadelphia Eagles and owner of a sports bar, and Cliff, who in the first episode left his bride at the altar and came out to his family as a gay man. ABC and NBC had already turned down the series out of fear of portraying homosexuality on prime time, but when Showtime decided to begin producing original television series, they saw Brothers as the perfect fit. After a successful first season, Showtime decided to pick up the series for a second season. Showtime also offer the series for syndication to over-the-air broadcast stations, and the fledgling Fox network decided to jump on that deal. Brother would go on for a full five seasons and 115 episodes.

Anti-Gay Groups Kick Off Nationwide Ex-Gay Advertising Campaign: 1998. The campaign attracted so much attention that the Family Research Council’s Bob Knight hailed it as “the “Normandy landing in the larger cultural wars.” Fifteen anti-gay organizations, including the Christian Coalition, Focus on the Family, the Family Research Council and Coral Ridge Ministries, launched a national million-dollar advertising campaign, with newspaper ads in the New York Times, Washington Post and USA Today featuring “ex-lesbian” Anne Paulk under the headline, “I’m living proof that the Truth can set you free.” The campaign also included a television commercial featuring ex-gay and HIV-positive Michael Johnston who, with his mother by his side, proclaimed that he was now free from the “homosexual lifestyle.”

The ads quickly generated widespread media attention. Segments on NBC’s Today, ABC’s Nightline, CBS’s 60 Minutes and Oprah were devoted to the topic, Anne and John Paulk made the cover of Newsweek under the question, “Gay for life?” The ex-gay movement finally found its moment under the sun. But more significantly, the larger anti-gay political movement had yet another weapon to use against the gay community. As the argument went, if gay people could choose to become straight, then they didn’t need protections or guarantees of equality under the law. One underlying argument went even further: that there was no such thing as homosexuals; they were just heterosexuals with homosexual problems.

Focus On the Family, in particular, was eager to exploit the growing public awareness of the ex-gay movement. That same year, Focus, in partnership with Exodus International, launched a series of one-day conferences across the country. Titled “Love Won Out,” the conferences were part road show and part infomercial for ex-gay ministries. Featuring John Paulk (who was also a Focus employee and conference coordinator), fellow Focus employees Melissa Fryrear and Mike Haley; Exodus’s Bob Davies and Joe Dallas (and later, Alan Chambers); NARTH co-founder Joseph Nicolosi; and Nancy Hesche, actress Anne Hesche’s mother, the conferences introduced thousands, mostly parents of gay children, to the movement. Many conferences attracted an attendance of more than two thousand, with a half a dozen conferences taking place every year across North America.

But all was not well behind the movement’s facade. In 2000, Wayne Besen photographed John Paulk as he was leaving a gay bar in Washington, D.C. where he had spent a couple of hours chatting up customers (see Sep 19). Paulk was called back to Focus headquarters in Colorado Springs, where he was placed on probation and removed as Board Chair at Exodus International (although he remained a member of the board on probationary status). But Paulk managed to weather the controversy, remaining in his position at Focus, and continuing in his role as the principal organizer and featured speaker at Love Won Out conferences for another three years.

Michael Johnston and his mother in a television commercial.

In 2003, it was revealed that while Michael Johnston was the public face of the ex-gay movement, he was privately engaging in anonymous sex with men without disclosing his HIV status. Johnston quickly shuttered his ministry and fled to Pure Life Ministries, an ex-gay residential program in rural Kentucky.

So, where are they today? In 2012, Alan Chambers acknowledged that “the majority of people that I have met, and I would say the majority meaning 99.9% of them, have not experienced a change in their orientation.” He then repudiated the particular type of counseling intended to change sexual orientation known as Reparative Therapy, and he has declared that Exodus will no longer take sides in the political debates surrounding gay rights. In 2013, he issued a formal apology for the harms done by Exodus International to its clients and shut down Exodus altogether.

John Paulk left Focus on the Family in 2o03, and he and his wife moved to Portland Oregon where he started a catering business. Anne continue to write books and speak on the ex-gay circuit. In 2013, John recanted his ex-gay beliefs and issued a formal apology. Meanwhile, Anne helped to form Restored Hope Network, a more hardline break-away group of former Exodus ministries. She now serves on the board of directors of RHN. The Paulks have divorced.

Johnston continues as director of donor and media relations at Pure Life Ministries, where his is also available as a public speaker (PDF: 93 KB/3 pages).

TODAY’S BIRTHDAYS:
Robert Gant: 1968. He was Ben Bruckner in the American version of “Queer as Folk.” His HIV-positive character gave the series an opportunity to explore anti-AIDS hysteria and stigma, both outside and inside the gay community. He has had numerous television guest roles, and he acted and produced in Save Me, the film staring Chad Allen about the ex-gay movement. Gant and Allen, along with Christopher Racster, are partners in the production company Mythgarden. He is active in LGBT elder issues, supporting SAGE (Senior Advocacy for GLBT Elders) and GLEH (Gay and Lesbian Elder Housing).

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?

We Had Issues

Jim Burroway

July 13th, 2014

We're BackFor those of you just tuning in, our database server crashed Friday night, taking the entire site down for several hours. The host provider was able to get the site back up and running on a database backup taken very early Thursday morning, but that meant that we lost everything — posts and comments — from Thursday morning through Friday.

As of Saturday night, our host provider was able to get the database server back and running with, in their words, “all new parts.” It is now working off of the same database that was operating as of the moment the server crashed. Regular programming will resume soon.

The Daily Agenda for Friday, July 11

Jim Burroway

July 11th, 2014

TODAY’S AGENDA:
Pride Celebrations This Weekend: Bellingham, WA; Bournemouth, UK; Green Bay, WI; Leipzig, Germany; Lincoln, NE; Rapid City, SD; San Luis Obispo, CA; Santa Barbara, CA; Staten Island, NY; Tacoma, WA; Valletta, Malta.

Other Events This Weekend: Aomori International LGBT Film Festival, Aomori, Japan; Rocky Mountain Regional Rodeo, Denver, CO; Durban Gay and Lesbian Film Festival, Durban, South Africa; Outfest Film Festival, Los Angeles, CA; Bear Week, Provincetown, MA; Tokyo International Lesbian and Gay Film Festival, Tokyo, Japan.

TODAY’S AGENDA is brought to you by:

From David, May 1972, page 20-21.

From David, May 1972, page 20-21.

 
David, a photographic and lifestyle magazine based in Jacksonville, Florida, described Peaches’ Back Door in Atlanta this way in 1972:

PEACHES’ BACK DOOR in Atlanta continues to swing with lively go-go boys who really work out. In addition to the beautiful boy pictured above, Jim-Jim and Ernie stop all traffic with their wild routines. There’s practically nothing they won’t do up there on the go-go stands and they certainly get the attention. Owner John is especially proud of his Tricia Marie. Although Tricia has only been entertaining for three months, she was able to bring back the title of Miss Florida from the contest in Miami last month.

In 1975, Peaches closed and that space became famous disco, Backstreet (see Mar 3), which closed in 2004 to make way for a high rise condo development.

TODAY IN HISTORY:
Twenty-Six Oklahoma City Teachers Forced to Resign: 1966. Oklahoma County Attorney Curtis Harris revealed that 26 teachers and school administrators in Oklahoma City have resigned following a six month investigation into “alleged homosexual activity.” Harris said that his office was being “pressured” by prominent citizens to cut back on his investigation, but he was defiant. “It won’t work,” he said. “The investigation will continue.” He did say though that his investigation of late had been hampered when his assistant, investigator Albert J. Hock, suffered a heart attack over the weekend.

Alex Higdon, Executive Assistant for Oklahoma City schools had a different set of figures, saying that as far as he knew only twelve had resigned, “but of course we may not have known about it when they resigned.” He also said that the school board conducted its own investigations rather than work in tandem with the County Attorney. “If evidence substantiates the charges, the person is asked to resign,” he said.

[Source: UPI. "26 Resign in Teacher Deviate Quiz." The Washington Post (July 12, 1966): A3.]

Denis Lemon

Denis Lemon

Editor of “Gay News” Convicted of Blasphemy: 1977. In the United Kingdom, private citizens can, with the permission of the court, initiate a private prosecution for criminal offenses if public prosecutors decline to do so. Mary Whitehouse, co-founder of the National Viewers’ and Listeners’ Association, had appointed herself the guardian of the nation’s morals in 1963. She began her campaign by directing her ire at the BBC for allowing the words “bloody” and “bum” to be uttered over the airwaves. At one point she declared that the BBC’s director-general was “the one man who more than anybody else who had been responsible for the moral collapse in the country.” In 1976, the NVALA announced plans to revive prosecutions under Britain’s archaic blasphemy laws, which hadn’t seen a successful prosecution since 1921. Most people thought the law was effectively dead, including just about everyone in the legal system.

In June of that year, the London-based Gay News published a poem by James Kirkup titled “The Love That Dares To Speak Its Name.” Kirkup’s poetry had appeared in the paper before, but this one, about a Roman centurion who had sex with Jesus after the crucifixion and which described Jesus as having had sex with a number of other male figures before his death, caught Whitehouse’s attention sometime in November. After failing to get the backing of church leaders for a blasphemy trial, she applied for permission to prosecute Gay News and its editor, Denis Lemon, for blasphemy. Permission was granted, and the trial began on July 4, 1977 in Central Criminal Court (Old Bailey) before Judge Alan King-Hamilton.

Mary Whitehouse, Judge Alan King-Hamilton

Mary Whitehouse, Judge Alan King-Hamilton

Over the course of the week, the Judge ruled on a number of motions that systematically stacked the entire proceedings against Gay News and Lemon. He disallowed expert witnesses in literature and theology, and he even prohibited Lemon from explaining why he published the poem. The judge later wrote in his autobiography that during the trial he felt “half-conscious of being guided by some superhuman inspiration.” His inspiration left the defense with only two witnesses, a novelist and journalist, and their testimony was limited to the good character of the paper. On Monday, July, Lemon and his paper were found guilty. The next day, the Judge fined Gay News Ltd £1,000 and ordered it to pay four-fifths of Whitehouse’s legal bills, which came to another £7,763. Lemon was personally fined £500 and given a suspended sentence of nine months’ imprisonment. Lemon appealed, and the Appeals Court tossed out his suspended sentence, but kept the rest of the verdict and fines intact. Lemon then appealed to the House of Lords, but lost.

Fortunately for Gay News, the whole episode resulted millions of pounds of free publicity and little financial cost, thanks to the donations which poured in to the Gay News Fighting Fund, a separate trust fund set up specifically to fight the charges. Gay News‘ readership ended up growing from 8000 to 40,000. but it ended up folding anyway in 1983 due to other financial pressures separate from the blasphemy trial. The blasphemy law was finally abolished in 2008, although it remains a criminal offense in Northern Ireland.

TODAY’S BIRTHDAYS:
Dorothy Wilde: 1895-1941. She was born in London three months after her uncle Oscar Wilde’s arrest for homosexuality. Known as Dolly, she inherited much from her uncle: her good looks, her cutting wit, her charms, her poise, and her artful turn of a phrase. Those talents held her in good stead in the salons of Paris between the wars. She first traveled to France in 1914 to serve as an ambulance driver during World War I, where she had an affair with another ambulance driver, Standard Oil heiress Marion “Joe” Carstairs, who after the war become a renowned speedboat racer (“the fastest woman on water”).

Her longest relationship though began in 1927 and lasted until her death, with the American writer Natalie Clifford Barney. Dolly was a gifted storyteller and writer, but she never pursued a career in writing. Her drinking and addiction to heroin may have gotten in the way. In 1939, she was diagnosed with breast cancer, but refused surgery. The next year when Germany invaded France, Dolly fled to London, where she died in 1941 of “causes unascertainable,” a possible allusion to a drug overdose or to alternative treatments she sought for her cancer.

Tab Hunter: 1931. Born Arthur Gelien in New York, he was given his stage name by his first agent. His good looks quickly made him a teen idol in the 1950s as he appeared in more than forty films throughout his career. That career was threatened however when, in 1955, Confidential magazine reported Hunter’s 1950 arrest in an innuendo-laden article, but Hunter’s studio-arranged “romances” with Natalie Wood and Debbie Reynolds succeeded in rescuing his reputation. In his 2005 memoir, Tab Hunter Confidential: The Making of a Movie Star, Hunter talks about his relationships with Anthony Perkins, Rudolph Nureyev and champion figure skater Ronnie Robertson, along with many anecdotes about the stars that he met: Roddy McDowell, Tallulah Bankhead, Robert Mitchum, Fred Astaire, Linda Darnell. But by 1959, his career was on the downhill slope towards spaghetti westerns and dinner theater.

His career was revived when he co-starred with Divine in John Water’s Polyester and my favorite, Lust In the Dust, making him a new kind of icon. “Making out with Divine, that’s beyond the bravery of coming out,” he said. “But he had a sense of humor about the glamour he was caught in. He’s a great sport, and a great star.” He described his work with John Waters and Divine as “a high point in my professional life.” He now lives near Santa Barbara with his longtime partner of more than thirty years.

Yevgeny Kharitonov: 1941-1981. Born in Novosibirsk, he embarked on a very brief career as an actor, but went from there to playwriting. Although none of his works were published in his lifetime by the Soviet press, he is now recognized as a founder of modern Russian gay literature. His sexuality, which was criminalized at the time, mirrored the Soviet experience in which the mere existence of a lot of people was grounds for state repression. His dissident writing and his sexuality made him a double target, and he was placed under close surveillance by the KBG. When he was called to the KGB for his first “interview,” he fainted. When he died of a heart attack in 1981, many believed that his death was hastened over the pressure of official scrutiny. When he died, he was carrying a manuscript for “Under House Arrest,” which scattered and blew down the street when he collapsed. Other versions of the manuscript survived and was published several years after his death.

Kharitonov claimed his sexuality as a gift that gave him special insight into the human condition. In his brief gay manifesto, The Leaflet, Kharitonov compares the repression that gay people experienced in Russian society to the anti-Semitism experienced by Russia’s Jews. He also saw the artistry of Russia’s Jews and gays as being the product of that repression. “The best flower of our shallow people is called like no other to dance the dance of impossible love and to sing of it sweetly.”

Vito Russo: 1946-1990. He was an LGBT activist and film historian, best known as the author of the 1981 book The Celluloid Closet: Homosexuality in the Movies. The book was the result of a live lecture with film clips that he had presented at colleges, universities and small art-house cinemas throughout the 1970s. His concern over how LGBT people were presented in the popular media led to his becoming a co-founder for the Gay and Lesbian Alliance Against Defamation (GLAAD). He became involved as a gay rights activist immediately following the Stonewall uprising — in fact, he was among the crowd as the rebellion broke out. He went on to become a leading figure in the Gay Activists Alliance, one of the early pro-gay groups to form in New York City in Stonewall’s wake. In the 1980s, he became involved in ACT-UP as a result of increasing frustration over city, state, and federal government inaction and footdragging in the face of a mounting AIDS epidemic.

He died in from AIDS in 1990 but his work continued to gain a wider audience when HBO created a documentary film version of The Celluloid Closet narrated by Lilly Tomlin. In 2011 a family-authorized biography by Michael Shiavi, Celluloid Activist: The Life and Times of Vito Russo, was published by the University of Wisconsin Press. In 2013, HBO returned with another feature about Russo, this time a documentary titled simply Vito.

Esera Tuaolo: 1968. The Samoan from Hawaii was an NFL defensive lineman for nine years, beginning with the Green Bay Packers and the Minnesota Vikings. After a stint with the Jacksonville Jaguars in 1997, he went to Atlanta, where he reached the Super Bowl in 1999. He ended his career the following season with the Carolina Panthers. In 2002, he announced that he is gay on HBO’s Real Sports, making him the third NFL player to come out (after David Kopay and Roy Simmons). In 2006, he released his autobiography, Alone in the Trenches: My Life As a Gay Man in the NFL, and he has actively campaigned on ending homophobia in sports. In 2010, he was arrested on a domestic violence charge with his boyfriend, but those charges were dropped with his boyfriend saying it was all a misunderstanding.

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, July 10

Jim Burroway

July 10th, 2014

Kidnapped for Christ

TODAY’S AGENDA:
Television Premiere of “Kidnapped for Christ”: Showtime. This documentary reveals the shocking truth behind Escuela Caribe, a controversial Christian behavior modification program in the Dominican Republic for “troubled” American teens. When filmmaker Kate Logan first heard about the school as a young missionary, she decided to go and document what she thought would be a positive experience for the students. Instead, she found that students — or inmates, as the case may be — were subjected to intense forced labor, physical beatings and emotional abuse:

She meets Beth, a 15-year-old from Michigan who suffers panic attacks so debilitating that she had trouble staying in school all day. Instead of professional treatment, Beth is subjected to inappropriate and often painful punishments, including spankings and being confined to an isolation room. Tai, a 16-year-old Haitian-American girl from Boston, was sent to Escuela Caribe after acting out and experimenting with drugs to cope with childhood traumas, including rape. Tai opens up to Kate, telling her that what the school is doing is wrong and encourages her to expose the truth to the world.

DavidKate begins to realize that she has stumbled upon a much scarier story than she originally thought. This is solidified when she meets David, who was sent to the program shortly after coming out to his parents. David has been unable to communicate with anyone in the outside world since he was forcibly taken in the middle of the night by people his parents hired to transport him to the school. With Kate, he feels safe enough to reveal not only why he was sent there, but also how he has been plotting to escape. David begs Kate to find a way to tell his friends back home in Colorado what happened to him. Unbeknownst to the staff, he slips her a letter intended for his best friend Angie. The letter reveals the harsh realities this once promising honor student has been unwillingly subjected to as a direct result of his sexual orientation.

Kidnapped for Christ follows David as he plots his escape from Escuela Caribe. It premieres tonight on Showtime at 7:30 p.m. ET/PT, with a dozen more airings through August 13. Click here for more information and showtimes.

Pride Celebrations This Weekend: Bellingham, WA; Bournemouth, UK; Green Bay, WI; Leipzig, Germany; Lincoln, NE; Rapid City, SD; San Luis Obispo, CA; Santa Barbara, CA; Staten Island, NY; Tacoma, WA; Valletta, Malta.

Other Events This Weekend: Aomori International LGBT Film Festival, Aomori, Japan; Rocky Mountain Regional Rodeo, Denver, CO; Durban Gay and Lesbian Film Festival, Durban, South Africa; Outfest Film Festival, Los Angeles, CA; Bear Week, Provincetown, MA; Tokyo International Lesbian and Gay Film Festival, Tokyo, Japan.

TODAY’S AGENDA is brought to you by:

From ONE magazine, February 1954, page 30.

From ONE magazine, February 1954, page 30.

 
Google Translate says Coup de Frein means “slowdown.” This web site, when run through Google Translate, says the Montmartre district of Paris’s 18th arrondissement, where the Coup de Frein was located, had been a gay neighborhood with several clubs and cabarets since at least the interwar period. The Coup de Frein was a bar and restaurant which catered to a gay clientele. An advertisement in the French gay magazine Futur promised “privacy” and “mirth,” and promised that Coup de Frein was “the only place in Paris where one is really ‘us’.” The location today — assuming the numbering hasn’t changed — appears to be private residences across the street from the Hotel Le Relais.

The Gentleman's Magazine, July 1766.

TODAY IN HISTORY:
A Discovery of a Very Extraordinary Nature: 1766. The following story was reported in the July 1766 issue of London’s Gentleman’s Magazine for July 10:

A discovery of a very extraordinary nature was made at Poplar, where two women had lived together for six and thirty years, as man and wife, and kept a public house, without ever being suspected; but the wife happening to fall sick, and die, a few years before she expired, revealed the secret to her relations, made her will, and left legacies to the amount of half what she thought they were worth. On application to the pretended, she at first endeavoured to support her assumed character, but being closely pressed, she at length owed the fact, accommodated all matters amicably, put off the male, and put on the female character, in which she appeared to be a sensible well-bred woman, though in her male character she had always affected the plain plodding alehouse-keeper. It is said they had acquired in business money to the amount of £3000. Both had been crossed in love when young, and had chosen this method to avoid further importunities.

[Source: "Historical Chronicle: July 10." The Gentleman's Magazine (July, 1766): 339. Available online via Google Books here.]

Randol Mill Park

Texas Editorial: “We’ll Take Gays Over the KKK”: 1985. It all began in 1984, when the Dallas/Ft. Worth suburb of Arlington was having a problem at Randol Mill Park. It seems that the popular park had become a well-known venue for men (often heterosexually married men) to solicit sex with other men. After a year’s worth of stepped up patrolling and enforcement by Arlington police, the Mid-Cities Daily News reported, “We have not heard nearly as much about the problem as last year.” But for whatever reason, the Klan was still excited over queers in the park. The Klan’s “exalted cyclops” of the Ft. Worth kalvern, Bill Walton, announced that his group would be holding a picnic at the park to send a message that gays weren’t welcome. The Daily News responded, “Given the choice between sharing a park with homosexuals or a bunch of white-sheeted, racist, hate-peddling losers, we think we would prefer the homosexuals.”

Well sure, given the choice.

When the Klan held their picnic three days later — sans white sheets — Scott Patrick, the exalted cyclops of the Garland klavern, sounded disappointed with what he found — or didn’t find. “I expected the situation to be a little more blatant. I’m sure all the publicity kept it out.” With none of those dreaded homosexuals in sight, Walton was left with no option but to complain about other groups. “Would you believe I actually had a Jew ask if a Jew could come to one of our meetings,” he told a reporter. “I said ‘no.’ A Jew would have about as much chance of attending as a nigger. You’ve got to admit they aren’t as intelligent as we are.”

Marcel Proust

TODAY’S BIRTHDAYS:
Marcel Proust: 1871-1922. He is best known for just one work, the monumental seven-volume novel À la Recherche du Temps Perdu, known in English as In Search of Lost Time or Remembrance of Things Past. But that alone has secured his reputation as one of the greatest authors of all time.

Proust’s father was a prominent surgeon and his mother was the well-read daughter of a wealthy Jewish family from Alsace. He was born in Paris just two months after the Franco-Prussian War and during the bloody suppression of the French Commune. Food and fuel shortages during the uprising contributed to widespread hunger and worry, both of which greatly affected Proust’s mother when he was born. He was described as a sickly child, and wasn’t expected to survive infancy. He had his first serious asthma attack at the age of nine, and continuing illnesses often interrupted his education. Nevertheless, he excelled in literature and was awarded with numerous honors in school. He was published in several literary magazines in 1890 and 1891, and he co-founded a literary review in 1892. His asthma rendered him something of a solitary figure, and he was eternally devoted to and, in many ways, dependent on his mother. He lived in the family apartment with his parents until 1905, when his mother died and left him bereft. (His father had died two years earlier.)

Marcel_Proust_Lucien_Daudet

Marcel Proust (seated), with Robert de Flers and and Lucien Daudet, 1892.

Proust’s pursuit of male companionship began rather early in life. At Lycée Condorcet, Proust made friends with Jacques Bizet, the son of the famous composer, and Daniel Halévy, the composer’s nephew. At age seventeen, Proust fell in love with Bizet, but his mother, suspecting that the two had become lovers, forbade her son from seeing him. In 1891, Proust met Oscar Wilde and invited the famous British writer to dine with him and his parents. In a possibly apocryphal story, Wilde’s sensitivities were offended by the Proust’s heavy, dark Victorian furniture and left, saying “How ugly is everything here.” Whether the story is true or not, Proust would later, unsympathetically, allude to Wilde’s fall in Sodom and Gomorrah, the fourth volume of À la Recherche du Temps Perdu. In 1892, Proust sat for a photo with the playwright Robert de Flers and Lucien Daudet, whose reputation was that of “a handsome young man, curled, well-dressed, pomaded, painted and powdered.” Proust’s mother was scandalized by the photo, his right arm resting on Proust’s shoulder, and forbade Proust from circulating copies of it. That, too, would appear in Jean Santeuil, a novel which wouldn’t see the light of day until it was published posthumously in 1952.

Proust pursued a number of relationships with other men, although he was eager to avoid the tag of “homosexual” himself. In a letter to the André Gide, the gay author who had published his groundbreaking defense of homosexuality in 1911, Proust said that he could write very extensively about homosexuality, as long as he didn’t ascribe it to himself. In fact, homosexuality appears as a recurring theme throughout À la Recherche du Temps Perdu, especially in the later volumes, where Proust shows himself unusually knowledgeable about the difficulties of being a closeted gay man.

After his mother died in 1905, Proust was bereft, mourning her for the rest of his life. He moved from his parents’ apartment, taking much of the heavy furnishings with him, and moved to another apartment where he lined his bedroom with cork to shut out the noise, and hung heavy curtains that were never opened. And that’s when he set about writing the epic novel that would define his entire career. By 1912, his manuscript ran 1,200 pages and he began looking for a publisher.

Du côté de chez Swann (Swann’s Way), 1913

Du côté de chez Swann (Swann’s Way), 1912

After being turned down by three publishing houses, Proust resorted to self-publishing the first volume, Swann’s Way, in 1913. At the time, it was advertised as the first installment of a three-volume novel. The second volume, In the Shadow of Young Girls in Flower, was ready for 1914, but it was delayed five years because of the war. That gave Proust plenty of time to revise and expand the entire series. When In the Shadow was finally published, it was awarded the Prix Goncourt that year. The third volume, The Guertmantes Way (1920/1921) came out in two installments, as did the fourth volume, Sodom and Gomorrah (1921).

Between 1919 and 1922, Proust worked incessantly on the remaining volumes, rarely leaving his cork-lined bedroom. He died of pneumonia and a pulmonary abscess in 1922, just after the second installment of Sodom and Gomorrah was published. That would be the last volume that Proust would oversee publication. His brother would oversee the publication of the rest of Proust’s great opus over the next five years. The fifth volume, The Prisoner, came out in 1923. Proust had written it during the publication hiatus during the war, along with the sixth volume, The Fugitive, which came out in 1925. From an editorial standpoint, The Fugitive proved to be the most troublesome, appearing as it did without Proust’s final revisions and corrections. Three later editions, one in 1954 and two others in 1987, incorporated corrections later found in the  Bibliothèque Nationale and in papers found by a relative. The final volume, Finding Time Again, which Proust had mostly written when he was writing the first volume, was published in 1927.

À la Recherche du Temps Perdu saw its first English translations between 1922 and 1930,  by C. K. Scott Moncrieff, who gave the work the English title Remembrance of Things Past, a phrase taken from one of Shakespeare’s Sonnets. When the Modern Library released an updated translation 1992, it gave the title as In Search of Lost Time, which more closely captures the original French. Penguin Classics is in the process of producing a new, revised translation, with the final volume expected to be released in 2018. Two recent biographies had rounded out our understanding of Proust: Edmund White’s Marcel Proust: A Life (2009) and William C. Carter’s identically titled Marcel Proust: A Life which was released by Yale University Press in 2013.

Jerry Herman: 1931. The American composer and lyricists is best known for his scores for the Broadway hits Hello Dolly! (1964), Mame (1966) and La Cage aux Folles (1983). The latter earned Herman a Tony for best musical. His most famous song, “Hello Dolly!”, knocked the Beatles from #1 in 1964 when Louis Armstrong recorded it. “When they passed out talent,” Carol Channing said, “Jerry stood in line twice.”A 2008 PBS documentary about him reported that Herman was diagnosed HIV-positive in 1985 when that diagnosis was an automatic death sentence. He was lucky, and is among of the fortunate few to live to see the lifesaving “cocktail” become available in 1995. The AIDS epidemic wiped out half the original La Cage aux Folles chorus before the show’s final run, but the show’s signature anthem “I Am What I Am” can still bring audiences to their feet with its call for dignity and integrity in the face of bigotry and fear.

60 YEARS AGO: Neil Tennant: 1954. With bandmate Chris Lowe, he was one half of the electronic dance duo Pet Shop Boys. Their first single, “West End Girls,” was actually recorded twice. The first version was released in 1984 and became a club hit in New York, San Francisco and Los Angeles. (Go figure.) After the duo signed with EMI, they re-recorded the song, and it became a 1986 number one hit in the U.S. and the U.K. Tennant was coy about rumors over his sexuality throughout the 1980s, but he finally came out in a 1994 interview with a UK gay magazine. Pet Shop Boys are still going strong. On March 14, 2011, they released a double CD of the complete three-act ballet score for The Most Incredible Thing with the Wrocław Score Orchestra. Their latest studio album, Electric, which features the single “Axis,” 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?

State Judge Strikes Down Colorado’s Marriage Ban, Stays Ruling

Jim Burroway

July 9th, 2014

A state judge has declared Colorado’s ban on same-sex marriage unconstitutional. Adams County District Court Judge C. Scott Crabtree issued his ruling this afternoon, and accompanied that ruling with a stay pending appeal. He also declared Colorado’s civil unions law “further evidence of discrimination against same-sex couples” and is not a constitutionally-acceptable substitute for marriage.

Judge Crabtree’s ruling (PDF: 156KB/49 pages) begins with a comprehensive 28-page summary of the various briefs and reply briefs before delving into addressing the questions before the court. Judge Crabtree found that “There is no question that the right to marry is a fundamental right.” He then went on to agree with the recent Tenth Circuit Court of Appeals decision in the Utah case which struck down that state’s ban on same-sex marriage:

“The Court heartily endorses the recent holding by the Tenth Circuit in Kitchen v. Herbert that the marital right at issue was never framed as the “right to interracial marriage in Loving or the “prisoner’s right to marriage” in Turner or the “dead-beat dad’s” right to marriage in Zablocki. See Kitchen, 961 F.Supp.2d at 1200. Instead, the Supreme Court has repeatedly utilized the term “fundamental right to marry” without any limitations. The Court rejects the State’s attempt to too narrowly describe the marital right at issue to the right to marry a person of the same sex. The Court also concurs with the growing number of courts which have held that the fundamental right to marry includes the right to remain married.

The Court also concurs with the growing number of courts which have held that the fundamental right to marry includes the right to remain married.

He then addressed whether the state had a compelling interest in banning same-sex marriage:

The avowed State interest can be distilled down to encouraging procreation and marital commitment for the benefit of the children. The problem with this post-hoc explanation is that it utterly ignores those who are permitted to marry without the ability or desire to procreate. It is merely a pretext for discriminating against same-sex marriages.

This recently fabricated “state interest” is also belied by legislative history which accompanied the enactment of the 2000 amendments to C.R.S. § 14-2- 104. On February 21, 2000, at the second reading on HB 1249, Rep. Mark Paschall stated, “What we’re opening the door here to, and even though the issue is being framed around same sex relationships, we’re talking about opening the door to polygamy, polyandry, and polyamorous relationships.” Later in the debate, Rep. Paschall stated that “[t]his is going to allow incestuous relationships. We don’t want to be allowing any kind of solemnized relationship in the State of Colorado, and that’s what this is going to do.” Rep. Doug Dean stated, “[b]ut where I think it’s important for me as a legislator to say that we don’t want to recognize same-sex unions, same-sex marriages, because we believe that it contributes to the decay of society … it will be harmful to our state.” Out of more than a dozen comments on the bill, only one comment was made about marriage providing a stable environment for children to be brought into the world and raised. But that same senator, John Andrews completed his comments noting that, “marriage, as an institution, thousands of years old, I would argue, is strengthened, when we maintain that traditional definition.”

Likewise, when Amendment 43 was being submitted to the voters, the Amendment 43 Blue Book told voters that one reason to pass Amendment 43 was to “preserv[e] the commonly accepted definition of marriage. Marriage as an institution has historically consisted of one man and one woman.” …To the extent the State’s interest is in preserving the historical tradition of one-man one-woman marriage, it cannot survive any level of scrutiny.

…The Court holds that the State does not have a sufficiently important/compelling interest in forbidding same-sex marriages or nullifying Colorado residents’ valid out-of-state same-sex marriages. The Marriage Bans are unconstitutional because they violate plaintiffs’ due process rights.

Judge Crabtree also ruled that the marriage ban violated the equal protection clause for the same reasons. He then ruled on whether civil unions should survive “as a separate but equal institution.”

“The dissimilitude between the terms ‘civil marriage’ and ‘civil union’ is not innocuous; it is a considered choice of language that reflects a demonstrable assigning of same-sex, largely homosexual, couples to second-class status.” In re Opinions of the Justices to the Senate, 802 N.E.2d at 570. The fact is that those in a civil union do not and cannot obtain the same benefits and protections of federal law as married couples including filing joint tax returns, Family Medical Leave Act benefits, and facing loss of social security and veterans benefits. If civil unions were somehow the equivalent of marriage, there would be no real need for this second tier relationship. The State paid only lip-service to the plaintiffs’ arguments that civil unions were not unlike the “separate but equal” black and white educational systems. …The Court finds that confining same-sex couples to civil unions is further evidence of discrimination against same-sex couples and does not ameliorate the discriminatory effect of the Marriage Bans.

During last month’s oral arguments, Judge Crabtree was pretty clear about his skepticism about the state’s arguments in support of the marriage ban:

During arguments last month, Suthers’ office defended the state’s ban on gay marriage, arguing that 15 state and federal judges who have struck down similar measures in other states were wrong.

But Crabtree mocked the state’s argument that Colorado’s ban on same-sex marriage protects the “nature of marriage” and the ability to produce children.

The judge also was skeptical of the state’s claim that previous judges had erred in their rulings.

“They all got it wrong?” Crabtree asked. “What am I supposed to do then when presented with this? Just punt?”

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