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Kennedy lifts Nevada stay

Timothy Kincaid

October 8th, 2014

Judge Kennedy has just lifted the stay on the Nevada portion of the Ninth Circuit’s mandate to implement their ruling on marriage equality.

Confused? You’re not alone.

But what this means is that Nevada will likely begin issuing marriage licenses to same-sex couples this afternoon.

Idaho on temporary stay

Timothy Kincaid

October 8th, 2014

While Nevada has joyfully cued the violins and baked the cakes, Governor Butch Otter in Nevada Idaho seems to have won a delay in his state’s implementation of marriage equality. The Butch Otter has appealed to the United States Supreme Court and the justice responsible for granting stay in the Ninth Circuit, Anthony Kennedy, has so granted. (Reuters)

U.S. Supreme Court Justice Anthony Kennedy on Wednesday temporarily blocked an appeals court ruling that struck down Idaho’s gay marriage ban.

The brief order issued by the court said that gay marriage supporters should file a response to the state’s emergency request by 5 p.m. EDT (2100 GMT) on Thursday. The court will then decide whether to issue a more permanent stay. In the meantime, gay marriages in Idaho will not be able to proceed.

This may be but a formality until such time as briefs are filed and reviewed. And while this is disappointing and infuriating, part of our legal system is to allow all parties the right to be heard.

UPDATE: I should point out that the stay (should it be granted further life than tomorrow at 5 pm) is until the Ninth Circuit rules en banc – a larger group of judges – on the matter.

The Best Line In All of Legaldom

Jim Burroway

October 7th, 2014

The Ninth Circuit’s ruling (PDF: 238 KB/43 pages) that struck down marriage bans in Idaho and Nevada included this gem on page 21:

Same-sex marriage, Governor Otter asserts, is part of a shift towards a consent-based, personal relationship model of marriage, which is more adultcentric and less child-centric.12

No, that sentence isn’t it. It’s that tiny little 12 at the end of it, referring to the best damn footnote in all of legaldom:

12 He also states, in conclusory fashion, that allowing same-sex marriage will lead opposite-sex couples to abuse alcohol and drugs, engage in extramarital affairs, take on demanding work schedules, and participate in time-consuming hobbies. We seriously doubt that allowing committed same-sex couples to settle down in legally recognized marriages will drive opposite-sex couples to sex, drugs, and rock-and-roll.

Colorado makes 25 – half of US States have marriage equality

Timothy Kincaid

October 7th, 2014

marriage 2014

Yesterday the state of Colorado began offering marriage licenses to same-sex couples under the determination that the denial of certiorari in the Tenth Circuit substantively applied the circuit court’s ruling about the unconstitutionality of anti-gay marriage bans to all states in the circuit.

They also took the step of requesting that the Tenth Circuit dismiss Colorado’s appeal of a district judge’s ruling on their own ban. Today the court dismissed their appeal and marriage equality became official.

Colorado became the 25th state (along with the District of Columbia) to have marriage equality.

In the next couple of days or weeks, that number will swell to 30, as other states in the Fourth and Tenth Circuit are so directed by federal judges, likely by means of summary judgment.

Peter LaBarbera Calls for “Civil Disobedience on a Massive Scale”

Jim Burroway

October 7th, 2014

From a press release:

Peter LaBarberaYesterday’s action by the Supreme Court only solidifies the idea that the powerful elites who dominate politics, media and culture do not care what the people think, expressed through the ballot box or their elected state legislators. And if “We the People’s” votes do not count, then We live not in freedom but under tyranny.

The notion that nine men and women in black robes know more about what constitutes marriage than 76 percent of Oklahoma’s voters is insulting and preposterous. Now is the time for civil disobedience on a massive scale: we hope that statesmen and citizens alike–in Oklahoma, Wisconsin, Indiana, Utah and Virginia—indeed, any state where the people’s will has been robbed by elitist judges—will reassert their state sovereignty against escalating judicial supremacy.

Tony Perkins: “Winning!”

Jim Burroway

October 6th, 2014

Family “Research” Council’s Tony Perkins has cornered the market on rose-colored glasses this afternoon:

Tony PerkinsIf liberals should be anything, it’s worried. When it comes to marriage, time is not on their side. Deep down, the Left knows it needed the Court to force same-sex “marriage” on America before more people saw the fallout for Christians like Aaron and Melissa Klein. Or sportscasters like Craig James. Or CEOs like Brandon Eich. Ask them if same-sex “marriage” is just about two people who love each other. For them, it was about losing their business, their livelihood, and their freedom.

If the Supreme Court thinks America isn’t ready for same-sex “marriage,” they’re right. As more states are forced to recognize it, people will see the ensuing attacks on religious freedom. They’ll feel the wedge driven between parents and their children when school curriculum is changed to contradict the morals moms and dads are teaching at home. They’ll shudder as more people lose their jobs because they refuse to celebrate (not just tolerate) same-sex “marriage.” Maybe then they’ll realize that the true goal is not about the marriage altar — but fundamentally altering society.

As disappointing as the Supreme Court’s silence is, the good news is that the debate over same-sex “marriage” will continue. With 92 cases on marriage flooding the courts, conservatives have a chance to push back and demand that Congress step in where SCOTUS has not. By refusing to get involved in a mess it helped create, the justices are leaving our laws vulnerable to rogue judges on the lower courts. With the exception of one district court, the benches have been filled with black-robed tyrants who insist on substituting their radical ideology for history, legal precedent, and the consensus of voters and the law. That has to stop.

Press Release of the Day

Jim Burroway

October 6th, 2014

I was wondering whatever happened to him:

Eugene Delgaudio“Delgaudio Issues Promise to Fight for Right to Vote Our Beliefs — No Black Gowned Back-Stabbing Liberal Jurist is Silencing Us”
In a recorded interview today with a Washington, D.C. area news media outlet, Public Advocate Eugene Delgaudio made a statement and now releases a complete statement here, part of which was made elsewhere:

Today with the announcement by the Supreme Court that they would not hear appeals to uphold traditional marriage we enter a new phase to preserve America’s traditional values.

We will not surrender the defense of marriage or the right to free speech for Christians and all those Americans who believe in traditional values.

I promise you one liberal jurist, John Roberts, in a gown is not going to stop millions of determined traditional marriage believers in our right to proclaim traditional marriage and our moral values.

Not without a fight.

With this decision, the Supreme Court has stripped hundreds of millions of Americans of the Right to Vote their beliefs and protect their communities and families as they see fit. It is now Supreme Court precedence that Freedom of Speech and the Right to Vote are only recognized so long as they are approved by the Liberal Establishment.


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What a Mess (Updated)

Jim Burroway

October 8th, 2014

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

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

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

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

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

Update: Marriages are back on in Nevada.

Justice Kennedy Halts Marriages In Idaho (And Maybe Nevada)

Jim Burroway

October 8th, 2014

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

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

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

Idaho Marriages May Begin Today But Governor Seeks Stay

Jim Burroway

October 8th, 2014

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

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

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

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

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

The Daily Agenda for Wednesday, October 8

Jim Burroway

October 8th, 2014

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

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

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

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

TODAY’S AGENDA is brought to you by:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Nevada marriages start on Wednesday

Timothy Kincaid

October 8th, 2014

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

The state ceased defending the ban several months ago.

Ninth Circuit adds Nevada and Idaho before the dust even settled

Timothy Kincaid

October 7th, 2014

marriage 2014

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

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

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

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

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

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

Alaska
Arizona
Montana

(and probably Guam and the Northern Mariana Islands)

The Daily Agenda for Tuesday, October 7

Jim Burroway

October 7th, 2014

TODAY’S AGENDA is brought to you by:

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

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

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

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

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

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

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

The report popped up yesterday and Liberace promptly denied it.

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

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

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

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

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

San Francisco Progress headline for October 7, 1959.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Walter Jenkins

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Fourth Stage of Grief Is Depression

Jim Burroway

October 6th, 2014

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

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

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

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

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

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