Box Turtle Bulletin

The Daily Agenda for Mondy, June 27

TODAY’S AGENDA:
Secretary of State Clinton to speak on LGBT Pride: Washington, D.C. Secretary of State Hillary Rodham Clinton will deliver remarks on “The Human Rights of LGBT People and U.S. Foreign Policy” at an event co-hosted by the State Department and Gays and Lesbians in Foreign Affairs Agencies (GLIFAA), this morning at approximately 10:25 a.m., in the Dean Acheson Auditorium at the Department of State. Preceding the Secretary’s remarks, Under Secretary Maria Otero will lead a panel discussion with senior U.S. Government Officials at 9:30 a.m.  The discussion topics will include the status of LGBT people around the world and how the U.S. Government can promote the protection of their human rights. The event is part of a series of LGBT Pride Month celebrations at the U.S. Department of State. Secretary Clinton’s remarks will be streamed live at www.state.gov.

National HIV Testing Day: Everywhere. It is estimated that one in five people with HIV don’t know their status. Do you know yours? Click here for more information on where to get tested.

TODAY IN HISTORY:
The McCarren-Walter Immigration and Naturalization Act: 1952. On this date in history, Congress passed a major overhaul of the nation’s immigration laws, removing the previous quotas which excluded immigrants based on the country of origin, and instead barring those who were deemed unlawful, immoral, diseased in any way, politically radical, and accepting those who were willing to conform to prevailing American political thought. Crafted at the height of the McCarthy Red Scare, it was the political aspects which drove Congress to pass the act. For the next four decades, the U.S. government used the act to prevent hundreds of people each year from visiting the U.S solely because of their political beliefs and associations.

Political beliefs however weren’t the only litmus test the government used. One provision prohibited entry to “aliens afflicted with psychopathic personality, epilepsy, or a mental defect.” Since the American Psychiatric Association listed homosexuality as a mental defect, the Immigration and Naturalization Service took that to mean that gays and lesbians were to be barred from entry into the United States. Even after the APA removed homosexuality from its list of mental disorders, the INS continued to bar openly gay people from immigrating. As the years wore on, the ban was enforced haphazardly, but gay immigrants remained subject to deportation at the whim of an immigration judge. It wouldn’t be until the 1990 Immigration Act that homosexuality would be formally removed as grounds for exclusion. But by then, HIV had become the new basis for barring not just immigrants, but HIV-positive business people, HIV/AIDS advocates and even tourists from entering the U.S. for even a single day. That ban remained in place until 2010.

TODAY’S BIRTHDAY:
Ted Haggard: 1956.

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

It’s Pride Week…

New Yorkers were celebrating the passage of marriage equality on Friday night, on the eve of that city’s massive Pride celebration commemorating a raid on a gay bar on Christopher Street in 1969. Local police got in on the fun by staging a modern day raid on a gay bar on West 28th Street:

An unannounced inspection that several agencies carried out at a gay bar in Manhattan on Friday night occurred at nearly the same time that patrons were celebrating the passage of legislation in Albany legalizing same-sex marriage.

…”I was on the roof deck, smoking a cigar and having drinks with friends, and all of a sudden, the police showed up and started shining flashlights in everyone’s face and offending everyone,” said Thomas J. Shevlin, a financial markets researcher and the treasurer of the Stonewall Democratic Club.

…Along with flashlights being shined in people’s faces, lights were turned off and patrons were forced to empty their pockets “without probable cause,” Mr. Shevlin said.

And then there’s this in Chicago:

In what could be a hate crime, dozens of tires on floats headed for Chicago’s Pride Parade were cut with knifes just hours before the Parade Sunday.

Chuck Huser, owner of long-time Pride float provider Associated Attractions at 4834 S. Halsted on Chicago’s South Side, said the floats were fine when he left 8 p.m. Saturday night, but when he returned 5 a.m. Sunday to start preparation for drivers to depart, he found two tires punctured each on more than 30 floats.

“This is catastrophic,” he told Windy City Times at 8 a.m. June 26. “This has never happened before, and we have been doing this since 1989.”

And finally, some truly tragic news of a fatal accident that led to the cancellation of Anchorage’s Pride parade:

A convertible carrying the grand marshal in Saturday’s gay PrideFest parade struck and killed a man just as the event began in downtown Anchorage, police said. Police late Saturday identified the victim as 50-year-old James L. Crump of Anchorage. Crump worked as a registered nurse for the city’s Health and Human Services department and was walking in the annual parade, police said.

…”It’s a pure accident,” Frank said. “(The driver) just panicked and kept hitting the accelerator and it kept jumping forward.”

The Politician and the Statesman

Two New York Senators who had previously opposed marriage equality in New York voted ended up voting for it when the chips were down Friday night. They both explained their change of votes during the roll call, and their explanations provide a textbook illustation of the difference between a politician and a statesman.

One was Sen. Carl Kruger (D-Kings Co) who had been one of three Senate Democrats who blocked a vote on same-sex marriage in 2009 when Democrats controlled the chamber. His change of heart, chronologically at least, came after he was accused last March of accepting $1 million in bribes in return for political favors. Along with that scandal came allegations from the The New York Post — and one must always consider the source whenever the Post is involved — that Kruger laundered at least some of that money through his reportedly unacknowledged gay lover with whom he shares a house with along with the identified lover’s mother. Sidestepping the possible outing, The New York Times merely said, “The gay nephew of the woman he lives with, Dorothy Turano, was so furious at Mr. Kruger for opposing same-sex marriage two years ago that he had cut off contact with both of them, devastating Ms. Turano.”

Whatever the truth may be, Kruger certainly had a change of heart by the time he cast his vote last Friday. And in explaining his vote before the Senate, Kruger defended himself by giving a long list of gay-rights legislation he had supported — hate crimes legislation, anti-dissemination bills, anti-bullying bills — and more incredibly, even tried to explain his change as not being a change at all. He was with us all along, he says. Except, of course, for when he wasn’t.

Oh well, a yes vote is a yes vote, and every yes vote is vital when the margins are so thin like this. But Kruger’s statement was especially memorable because moments before, freshman Senator Mark Grisanti (R-Erie and Niagara Co), who had campaigned against same-sex marriage leading up the the November 2011 elections, explained his vote this way:

As you may know, prior to me coming here, it’s only been about six months and the issue of same-sex marriage has never been a strong topic of discussion among family and friends. I simply opposed it in the Catholic sense of my upbringing. And I have stated that I have a problem with the term “marriage.” But at the same time, I have also said that I have a problem with the rights that are involved that are being overlooked. I have never, in the past four months, researched an issue or met with so many people and groups on a single issue such as this. I have struggled with this immensely, I can tell you that. I have read numerous documents, independent studies, and talked with a lot of people on both sides of this issue. As a Catholic I was raised to believe that marriage is between a man and a woman.

I’m not here however as a Senator who is just Catholic. I’m also here with a background also as an attorney, to which I look at things and I apply reason. I know with this decision, many people who voted for me will question my integrity a short time ago. I tell you though that I have studied this issue. To those who know me, they know that I have struggled with it. To those whose support I may lose, please know that in the past what I was telling you and what I believed at that time was the truth. But by doing the research, and ultimately doing what I believe to be the right thing, to me, shows integrity. I would not respect myself if I didn’t do the research with an open mind and make a decision, an informed decision, based on the information before me.

A man can be wiser today than yesterday, but there will be no respect for that man if he has failed in his duty to do the work. I cannot legally come up with an argument against same-sex marriage. Who am I to day that someone doesn’t have the same rights that I have with my wife that I love, or have the thirteen hundred-plus rights that I share with her?

But there’s another important point here that this bill brings up, and that’s its religious protections. Because I am Catholic. Under this bill the religious aspects and belief are protected as well as for not-for-profits. There’s no mandate that the Catholic Church or any other religious organization perform ceremonies or rent halls. There cannot be a civil claim or an action against the church. It protects benevolent organizations such as the Knights of Columbus and many others. And as a lawyer I feel confident that the religious organizations and the others are protected.

We in this state have recognized same-sex couples who are married in other states and are now in New York. I have read studies about civil unions that show that they do not work, and causes chaos. I believe this state needs to provide equal rights and protection to all of its residents.

I struggled with the word marriage as between a man and a woman — that’s how I’m raised. But I also struggle with the rights that are lacking for same-sex couples, and I’ve stated this numerous times. I cannot deny that right or opportunity for someone nor stand in the way of allowing them to obtain the rights that I have.

I’m not going to get into the philosophical arguments, because I’ve heard them all. But for me, the issue boils down to this: I’ve done the research, and I believe that a person can be wiser today than yesterday. I apologize to those who feel offended, to those I have hurt with the votes that I had six months ago. But I believe you can be wiser today than yesterday when you do the work. I cannot deny a person, a human being, a taxpayer, a worker, of people of my district and across this state, the state of New York and those people who make this the great state that it is, the same rights that I have with my wife…

That is a long, long way from where Grisanti was just last March, when he told a Buffalo radio station, “To me, marriage is between a man and a woman. It’s been a term, a term of ours for years that has been around for thousands of years. It’s like calling a cat, a dog.”

Like I said, every vote is important. Kruger’s “yes” vote, however it came about and however he tried to explain away his prior opposition, is every bit as important as Grisanti’s. But in the end, the events of Friday night clearly showed that there is a huge difference between political posturing and statesmanship.

True Colors

The Empire State building was already set to light up in rainbow colors last night in honor of the city’s Pride celebration this weekend, but given that it was the same night on which marriage equality became the law of the state, the new color scheme was given greater significance. And why not light up the night? New York Freedom to Marry notes that the New York victory represents several historic firsts:

• For the first time, a Republican-led chamber, the New York State Senate, joined the Democrat-led Assembly in passing marriage legislation;
• The marriage bill was strongly championed by a governor who ran for office on his pledge to pass a bill and then campaigned steadily for it, making it one of his top priorities and committing political capital to its passage;
• A large number of America’s most prominent businesses including Xerox Corporation, Alcoa, and McGraw-Hill, and the heads of Morgan Stanley, Goldman Sachs, and Citigroup, along with New York’s most important labor unions, urged passage of the bill;
• And numerous professional athletes, including NBA star Steve Nash, New York Rangers star Sean Avery, and New York Giants great Michael Strahan, joined the chairman of the New York Giants and owner of the New Jersey Nets in speaking out for the bill.

While Republican support was neither broad nor deep — only four GOP state Senators voted for the marriage equality bill — it was nevertheless critical and historic. The Republican caucus easily could have blocked the measure from coming to the floor but didn’t. Sen. Dean Skelos, the majority leader of the Republican-controlled chamber who personally voted against the bill, could have refused to allow the bill to come forward, but didn’t. A lot of those GOP Senators who voted against the bill could have prevented its passage in several critical stages along the way, but chose to allow it to pass without their fingerprints on it.

Say what you will about their votes against equality — I’m sure their grandchildren in future decades won’t look at those votes with pride — but I think it bears remembering that marriage equality ended up being the work of the entire chamber, and not just those who voted yes. It’s true that the those who voted yes are the ones who today and in the future deserve to be wrapped in glory. They are the ones who actually made it happen. And those who worked feverishly to prevent marriage equality (I’m looking at you, Diaz) will be scorned by future generations the way we today regard the Dixiecrats of 1948. But the fact remains that sometimes just standing aside so that the rising tide of justice can sweep through is just as important as voting yes. Openly gay Sen. Thomas K. Duane said that everyone in the New York Senate was a hero last night regardless of their vote. I suspect that this is what he was talking about.

The Daily Agenda for Sunday, June 26

TODAY’S AGENDA:
Pride Celebrations Today: Antwerp, Belgium; Barcelona, Spain; Chicago, IL; Columbia, SC (Black Pride); Dublin, Ireland; Harlem, NY; Mexico City, DF; New Orleans, LA; New York, NY; Oklahoma City, OK; Oslo, Norway; Outer Banks, NC; Panama City, FL; San Francisco, CA; São Paulo, Brazil; and Wichita, KS.

TODAY IN HISTORY:
Life Magazine’s “Homosexuality In America”: 1964.

“Homosexuality shears across the spectrum of American life — the professions, the arts, business and labor. It always has. But today, especially in big cities, homosexuals are discarding their furtive ways and openly admitting, even flaunting, their deviation. Homosexuals have their won drinking places, their special assignation streets, even their own organizations. And for every obvious homosexual, there are probably nine nearly impossible to detect. This social disorder, which society tries to suppress, has forced itself into the public eye because it does present a problem — and parents especially are concerned. The myth and misconception with which homosexuality has so long been clothed must be cleared away, not to condone it but to cope with it.”

Over the next fourteen pages, Life magazine explored what they called the “sordid world” of the gay community. The articles provide interesting vignettes and photos of gay life in the pre-Stonewall era, but reading through them today probably tells us more about society’s revulsion towards gay people than it does about gays themselves. At one point, author Paul Welch accompanies a Los Angeles police officer acting as a decoy to try entrap a gay man into propositioning him. Even if the proposition involves going to a private home for the evening — the same type of invitation being made in straight bars all across Los Angeles that very same night — it would end badly with an arrest and possible lifetime registration as a sex offender.

One education pamphlet compiled for Los Angeles police warned that what gay men really want is “a fruit world.” Welch continued: “Although the anti-homosexual stand taken by the Los Angeles police is unswervingly tough, it reflects the attitude of most U.S. law-enforcement agencies on the subject.” On January 1, 1967, gay Angelenos would reach their breaking point and the Black Cat riots would become the high water mark in police harassment in Los Angeles — more than two years before the Stonewall rebellion in New York.

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

NOM’s “Jesus” Is Crying

This is what you’ll find on the National Organization for Marriage’s facebook page right now.

Also, “vengeance is mine,” sayeth Maggie Gallagher.

[Via Alvin McEwen]

When Marriage Equality Was Announced

This is what it looked like in front of New York’s famous Stonewall Inn. (Video courtesy of Cathy Renna.)

Slavic Pride Attacked By Police, 14 Arrested

Despite the ban imposed by St. Petersburg city hall, Russian LGBT advocates held a Slavic Pride demonstration near the monument to Peter the Great in central St. Petersburg. When Pride participants arrived at the monument at 2:00 p.m. local time, they were met by about two dozen militia police. Within minutes, police broke up the march and arrested eleven Russians and three Belarusians.

Gay activist Alexander Sheremetev attacked by thug during Slavic Pride in St. Petersburg today.

One LGBT advocate Alexey Kiselev, was reportedly beaten by police at the station. Another advocate, Alexander Sheremetev, was beaten by a skinhead. He has been taken to a hospital under police custody. The attacker was arrested and later released, but the LGBT advocates who were arrested will being held overnight. There is no word on his condition. They are being charged with organizing an illegal action and resisting a police order.  This second charge could lead to a 15-day prison sentence. It appears most of the activists are being held in the same cell and were able to keep their cell phones. They are tweeting and texting from inside their cell. But there is growing concern over trans rights activist Anna Komarova, who is being kept in a separate cell without access to a mobile phone.

The Daily Agenda for Saturday, June 25

TODAY’S AGENDA:
New Yorkers Celebrate Marriage Equality: NY. Pride celebrations already scheduled for this weekend in New York will be extra joyous this year as New Yorkers celebrate yesterday’s passage of marriage equality in the state. The celebrations began last night in front of the historic Stonewall Inn, site of the 1969 rebellion that is commemorated each year with the Pride celebration. The anniversary for that rebellion is next Tuesday. New York — and America — have come a long way in the forty-two years since then.

Activists To Attempt Pride Celebration in Russia: St. Petersburg, Russia. While Americans are celebrating a key gay-rights victory, LGBT activists in St. Petersburg vow to hold a Gay Pride march today in defiance of a ban by city officials. “We will disobey the illegitimate and illegal decision taken by the St Petersburg officials to ban our Slavic Gay Pride march” said Yuri Gavrikov, the Parade Chief Organizer and Director of the local LGBT group Equality. The action will take at 2:00 p.m. near the monument to Peter the Great. “A very symbolical place for us as he founded the city with European values” said Mr Gavrikov who added that participants from Moscow and Minsk will be present as well at the protest.

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

TODAY IN HISTORY:
Execution in New Netherlands: 1646. The New Netherlands Colony court sentenced “Jan Creoli, a negro,” for a second “sodomy” offense. The record stated: “this crime being condemned of God…as an abomination, the prisoner is sentenced to be conveyed to the place of public execution, and there choked to death, and then burnt to ashes….” The rationale was cited as Genesis c. 19; Leviticus c. 18: 22, 29. The margin of the court record states: “he was executed at New Haven.” (From Jonathan Ned Katz, Gay/Lesbian Almanac (NY: Harper & Row, 1983), p. 90.)

Supreme Court Declares Physique Magazines Non-Pornographic: 1962. In the 1950s, Herman L. Womack published three beefcake magazines: MANual, Trim and Grecian Guild Pictorial. Although the magazines were marketed to gay men, they made no mention whatsoever of homosexuality, instead presenting themselves as bodybuilding and physique magazines. In 1960, the postmaster in Arlington Virginia seized a shipment of the three magazines and declared that because the magazines were marketed to gay men, they were obscene and therefore “nonmailable,” even though the magazines contained no actual nudity. (Models wore “posing pouches” to conceal their genitalia.) In other words, it wasn’t that the photos themselves were pornographic, but that the gay audience made the photos pornographic and therefore illegal. Womack sued in federal court, but after the court granted the govermnent’s move for summary judgment, he appealed all the way to the Supreme Court.

On June 25, 1962, the U.S. Supreme Court ruled in MANual Enterprises v. Day that the materials in question were not pornographic. Writing for the majority, Justice John Marshall Harlan II wrote that the photos themselves were not “patently offensive” or “indecent.”  “[We] need go no further in the present case than to hold that the magazines in question, taken as a whole, cannot, under any permissible constitutional standard, be deemed to be beyond the pale of contemporary notions of rudimentary decency.” And since the magazines didn’t reach that level of indecency, it didn’t matter who the materials were being marketed to. The mere portrayal of the male nude — even if it happens to be the portrayal of the gay male nude — “cannot fairly be regarded as more objectionable than many portrayals of the female nude that society tolerates.” If nude or semi-nude photos marketed to straight men weren’t pornographic (Playboy had already been around since 1953), then similar photos marketed to gay men couldn’t be pornographic either.

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

New Yorkers Celebrate Marriage Equality

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

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

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

The new law becomes effective in thirty days.

New York Senate Passes Marriage Equality

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

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

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

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

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

New York votes

6:56: The Senate has reconvened.

They are discussing an education bill.

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

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

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

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

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

7:37 And the SUNY bill passes 51 to 11

Moving right on to the Property Tax Cap

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

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

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

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

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

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

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

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

Moving right along to Livery car tax.

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

[Jim Burroway takes the helm]

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

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

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

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

9.53: The amendments are passed! 36-26!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Timothy again]

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

Congratulations, New Yorkers

Agreement Reached for NY Marriage Equality

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

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

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

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

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

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

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

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

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

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

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

Interestingly, there is also a nonseverability clause:

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

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

The Daily Agenda for Friday, June 24

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

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

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

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

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

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

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

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

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

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

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

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

Jamaican “Murder Music” Star Gets Ten Year Sentence

Buju Banton, at the time of his arrest.

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

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

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