Box Turtle Bulletin

Rosie Wins, Anita Loses

The Miami Herald is reporting that a Florida judge has found the state’s ban on adoption by gay persons to be unconstitutional:

A Monroe Circuit Court judge has ruled Florida’s 31-year-old gay adoption ban ”unconstitutional” in an order that allows an openly gay Key West foster parent to adopt a teenage boy he has raised since 2001.

Declaring the adoption to be in the boy’s ”best interest,” Circuit Judge David J. Audlin Jr. said the Florida law forbidding gay people from adopting children is contrary to the state Constitution because it singles out a group for punishment.

Based on previous decisions, the decision may not withstand appeal.

Why Each State is Important

There are three anti-gay marriage constitutional amendment propositions on ballots in the upcoming election.

ARIZONA

Arizona has the distinct privilege of being the only state to date that has rejected efforts to instill anti-gay marriage discrimination into its constitution. Anti-gays have claimed that the only reason for their failure was because their last attempt in 2006 also sought to ban other forms of partner recognition and are now offering a “more benign” amendment that only bans same-sex marriage.

The Arizona battle is of tremendous importance.

If anti-gays win in Arizona, this will send a message that persistence pays off. And then future states (like Florida, if we win there) can expect that they will be back each election with an increasingly “nuanced” amendment until they win. But if Arizona rejects Proposition 102, the financial backers of anti-gay marriage amendments will be a bit more reluctant to throw their money into losing efforts.

This state has the unique opportunity to tell anti-gay organizers that “no” means “no” and not to come back for more.

CALIFORNIA

California is only one of two states which offer marriage certificates to same-sex couples. California is also by a significant margin the state with the largest population. And California is often considered a leader in social progress and a setter of trends.

Considering the sheer number of gay families impacted by Proposition 8, and the importance of the state as a leader, the California battle is of tremendous importance.

And this importance is not lost on anti-gays. As Donald Wildman, head of the American Family Association said,

If we lose California, if they defeat the marriage amendment, I’m afraid that the culture war is over and Christians have lost.

Hyperbole aside, this is the first time that voters have been voting specifically on marriage itself, rather than on the threat of possible marriage. If Californians vote to keep their same-sex marriages legal, it removes the claims by anti-gays that it is judicial activists and gerrymandered legislatures that are forcefully redefining marriage against the wishes of the populace.

According to the latest polls, voters seem to oppose the proposition and do not appear to be swayed by the efforts of the supporters. But the vote is very very close and no one can predict the outcome.

FLORIDA

The anti-marriage amendment in Florida appears – to me – to receive the least attention of the three, especially on this website. Part of that is because I live in California and Jim Burroway lives in Arizona and so these two states are the focus of our attentions.

Yet the Florida battle is of tremendous importance.

Of the three, only Florida’s amendment would ban civil unions and domestic partnerships. Florida’s Proposition 2 reads

In as much as a marriage is the legal union of only one man and one woman as husband and wife, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized.

Those who oppose this amendment have an advantage; a constitutional amendment in Florida requires a 60% majority of those voting. Further, because Florida has a large retirement community and because this amendment would impact heterosexual senior citizens who use local domestic partnership arrangements to establish protections without endangering social security benefits, the opposition to this amendment has broader appeal.

The most recent polling shows that the proposition is favored by more than half of the voters (55%), but not by enough to pass. Additionally, it appears to be trending towards those who oppose the amendment. But again, this is far too close for comfort.

Florida is a swing state in the presidential election and turnout could depend on the direction and extent to which the state trends in the next two months. And while it is unlikely that either Obama or McCain will seek to tie their campaign to the success or failure of this amendment, it’s difficult to predict the impact of the election. A surge in either black voters or newly-energized evangelicals could provide those who oppose our lives with additional votes.

The Importance

Collectively, we have the opportunity to send a very strong message this year. Should we win in all three states we will be able to state that those who experience same-sex marriages within their communities have found them to be no threat, that anti-marriage efforts will not win you election in a swing state, and that coming back to a state that has rejected discrimination is a waste of time and money.

So here is a question for our readers: is this issue as important to you as a new pair of shoes? Does it matter as much as that luxury you may be allowing yourself, whether it’s a new car or just dinner out at McDonalds?

Most of us do have some expendable income and even those of us who live very close to the edge can often make sacrifices if the cause is important enough.

This is the most you will ever see me act like a political or religious fundraiser. But I’m willing to sound like Pat Robertson if it will encourage you to take the next step.

Please link below to the state of your choosing and make a contribution today.

Arizona: No on Prop 102

California: No on Prop 8

Florida: No on Prop 2

Anti-Gay FL School Board Hit With Legal Fees

In May we told you about Principal David Davis at Panama City, Florida’s Ponce de Leon High School. Mr. Davis was unhappy that a gay student had friends and supporters so he banned all positive messages about gays or equality, be it by button, armband, sticker or symbol. The ACLU didn’t find that amusing and sued Davis and his school board.

I commented at the time that Davis seemed astonishingly stupid. My opinion hasn’t changed.

Davis outed a gay student to her parents, organized a “morality assembly”, and interrogated students about their orientation, and suspended students that were part of the “Gay Pride” movement.

Now the judge has issued his opinion (pdf) and has awarded legal recovery to the plaintiffs. And Davis’ homophobia cost the district $325,000 in legal fees and cost (plus a dollar to the plaintiff).

As for Davis, (WTVY)

Davis has chosen to return to the classroom and teach American government and other classes.

Somehow I don’t think that the curricula involving the First Amendment will receive the attention that it deserves.

Woman Sues Hospital For Keeping Her From Dying Partner

Janice Langbehn is suing Jackson Memorial Hospital in Miami because hospital administrators refused to allow her access to her dying partner.

In February 2007, Ms. Langbehn, her partner Lisa Marie Pond, and three of their four children were in Florida preparing for a cruise to celebrate their eighteenth anniversary. But before the cruise could leave port, Ms. Pond suffered a massive stroke and was taken to Jackson Memorial. But hospital personnel refused to let Langbehn into Pond’s hospital room, even after a legal power of attorney was faxed to the hospital. Pond was pronounced dead of a brain aneurysm about eighteen hours after being admitted to the hospital. The only time Langbehn was allowed to see her partner was when a priest was giving her last rites.

Langbehn filed a federal lawsuit in Miami on Wednesday charging hospital employees with negligence and “intentional infliction of emotional distress.” The suit seeks damages in excess of $75,000. You can read Janice’s account of the ordeal here.

This is why marriage is so important. Hospitals like Jackson Memorial claim that because Langbehn wasn’t Ponds “immediate family,” they could ignore all evidence of their actually being one — even when presented with a legal power of attorney that anti-gay activists claim would make everything “equal” but separate.

Jackson Memorial Hospital is affiliated with the University of Miami, and touts itself as “one of America’s finest medical facilities.”

Love Won Out in Orlando

Exodus International and Focus On the Family pulled their roadshow into Exodus’ home turf of Orlando last weekend. A reported 500 people turned out for this edition of Love Won Out, which puts this attendance on the smallish side. Maybe too much competition from Orlando’s Gay Days, which was going on at the same time. At any rate, the good parents and friends at PFLAG were there to greet the struggling parents of gays and lesbians with coffee and donuts.

One State Reverses Position on CA Marriage Decision Stay

Last week the Attorneys General of ten states united to request that the Supreme Court of California stay its decision to treat all citizens equal under the law until November: Alaska, Colorado, Florida, Idaho, Michigan, Nebraska, New Hampshire, South Carolina, South Dakota and Utah. They claimed that if California allowed gay couples to marry that this would create havoc and confusion for the court systems in their own states.

Immediately one state stood out from the others.

Although not all of these states have anti-gay marriage clauses in their constitution, only one state, New Hampshire, has taken efforts to offer recognition to same-sex relationships. And New Hampshire already had taken legislative steps to direct how out-of-state gay marriages would be treated – as civil unions.

Now it seems that the havoc and confusion caused by gay marriage in New Hampshire has been cleared up. Attorney General Kelly Ayotte, has now been apprised of the law in her state.

The Boston Globe reports

[O]n Saturday, Attorney General Kelly Ayotte announced that New Hampshire was withdrawing from the request because the state addresses the recognition issue in its civil union law.

She said under the law, New Hampshire will recognize a legal gay marriage from California as a civil union.

Ten State Attorney Generals ask California Supreme Court to Stay Marriage Decision

The Attorneys General for the states of Alaska, Colorado, Florida, Idaho, Michigan, Nebraska, New Hampshire, South Carolina, South Dakota and Utah have petitioned the Supreme Court of California to stay their marriage equality decision (place it on hold) until November. They argue that citizens of other states will marry in California and come home to sue their own state for recognition.

“We reasonably believe an inevitable result of such ‘marriage tourism’ will be a steep increase in litigation of the recognition issue in our courts,” Utah Attorney General Mark L. Shurtleff wrote in the brief submitted on behalf of the 10 states.

However their argument fails on three fronts.

First, they assume that voters in November will reverse this decision. That result is not a foregone conclusion. And there is no reason to believe that these Attorneys General would be any more prepared for ‘marriage tourism’ in November than they are today; it’s hardly been a secret that the Supreme Court was considering this case. And if they aren’t prepared, then they have no right to punish gay couples for their own ineptitude.

Second, the federal DOMA provides states protection from just such a challenge. If there is any challenge, it would be to federal law, and federal law is not going to change between now and November.

Third, the California decision has not raised any new risk to their states’ entrenched discrimination. There is nothing to stop a legally married Massachusetts couple from moving to New Hampshire today and suing for recognition.

Arnold Schwarzenegger, the Governor of California, and Jerry Brown, the Attorney General of California, agree that this issue has been resolved and oppose a stay. Marriage equality is supported by the California Lieutenant Governor, the California Senate, the California House, and a majority of the California voters.

So to you outsiders I say: Go home. You are not Californians. Your constitution is not our constitution. Your laws are not our laws. Your values are not our values. Your biases are not our biases. Stop being meddlesome busy-bodies and leave the citizens of the State of California alone.

Florida School Must Allow Pro-Gay Students

We reported about David Davis, the principal of Ponce de Leon High School who forbid any support for gay students on campus. Now a judge has determined that this censorship cannot be allowed.

Judge Richard Smoak of the United States District Court, Northern District of Florida, Panama City Division, issued an order that forces the school to stop its unconstitutional censorship of students who want to express their support for the fair and equal treatment of gay people. The judge also warned the district not to retaliate against students over the lawsuit.

The ACLU has more information on their website including a draft of the judge’s comments. Smoak was not particularly sympathetic to Davis, the School Board, or their attorneys.

I think the School Board may have take a different direction in this case and responded differently perhaps with wiser counsel.

He was particularly unimpressed by the School Superintendant’s “investigation” into the matter, the attorney’s paranoid rantings about a secret/illegal society, and the principal’s fear of imminent chaos.

Supporting Equality Not Allowed at Florida School

David Davis is the principal at Panama City, Florida’s Ponce de Leon High School. He also has some interesting ideas about which symbols are appropriate and which are offensive to wear on clothing at his campus.

For example, WMBB reports

Davis says clothes with the confederate flag are allowed at school. He says they haven’t caused a distraction. Of the 406 students at the high school, none of them are African American.

But if symbols associated with slavery are inoffensive, what ever could be?

Well, that would be any reference whatsoever that you support equality. Yikes!! That could just lead to civil unrest.

It all started when a student who was ridiculed for being gay approached the principal. Instead of protecting her, he advised that she stay in the closet and not talk about her orientation.

That didn’t go over so well with some of the other students. A couple dozen of them thought they’d stand up for their gay classmates.

Days later, Davis heard of students making gay rights signs, and reports of 25 of them coming to school with the letters “GP” or “Gay Pride” written on their hands.

[17 Year old Heather] Gillman says she is not gay, but her cousin (a student at PDL High) is.

Gillman made t-shirts with slogans like:
-“I support equal marriage rights”
-“I support gays”
-“Equal not special rights”

Well Davis couldn’t have that. He suspended eleven students and threatened expulsion. Unlike Confederate symbols, supporting equal marriage rights is against the school dress code.

So Gillman sued David Davis and the Holmes County School Board.

The case is in trial and so far Davis is showing himself to be intensely stupid.

Monday in court, Davis said students who see the slogans and symbols would be distracted in class, even have mental images of gays having sex.

And this is the man they have in charge of education at Ponce de Leon High School.

sigh.

Ditch the Coasts

Looking for a gay-friendly city? According to the Advocate’s April 8 issue, you should consider abandoning the coasts in favor of cities like Ft .Worth, Ft. Wayne, Anchorage, Jacksonville or Tulsa. Tulsa you say?

Tulsa, Oklahoma: diversity, lots of museums and theaters, tasty foodie scene, and a low cost of living with “big-city benefits,” says one resident.

Over to you, Sally Kern.

Bi-Partisan Support for Non-Discrimination Bill in Florida

In March of this year, Sen. Ted Deutch (D – Boca Raton) proposed a bill that would amend the the Florida Civil Rights Act and the Fair Housing Act to include sexual orientation. Although the bill had 37 co-signers, it lacked Republican support and was not considered to be viable.

That has changed. According to Edge Magazine, the bill has passed the Senate Commerce Committee.

Republican state lawmaker Jeff Atwater, who is the President-designate of the Senate, joined the ranks of lawmakers pressing for the expanded law and has been credited with helping the measure clear a Senate committee on Apr. 8, with a vote of 7-1. Four Republicans and three Democrats gave their vote to the measure

A sister bill has been presented in the House, but according to the Orlando Sentinel, that body may be more difficult.

The group conceded, though, that the concept faced a harder sell in the House, where it hasn’t been heard, and that “in reality, we are looking toward 2009” to get it passed into law.

Our thanks go to Sen. Deutch and the 37 Democratic lawmakers that presented the bill. Our thanks go to Sen. Atwater for rallying Republican support. And our best wishes continue with this bill and its House version and hope that soon discrimination against gay Floridians will be a matter of history.

ADDENDUM: Out in Orlando also has a good article on the vote.

Budweiser Addresses Murder Music Complaint

Last Saturday there was a concert in Tampa that featured the Beenie Man. This artist has a history of advocating for murder and violence against gay men and women in his lyrics.

We expressed our concern to two national brands that were listed as sponsors of this concert, Budweiser Select and metroPCS.

Today we received the following e-mail from Anheuser-Busch:

Dear Timothy,

Thank you for contacting Anheuser-Busch regarding the WiLD Splash concert series.

Anheuser-Busch is not a sponsor of WiLD Splash. The local, independent Anheuser-Busch distributor is a partner of radio station WLLD, and agreed to sponsor the concert series months earlier without the benefit of knowing the entire artist line-up. The local distributor will address this issue with WLLD Radio and will perform its own research on acts slated for any future concert series.

Anheuser-Busch exercises no direct control over the marketing efforts of independent wholesalers including their sponsorships, participating artists or content of such an event. However, neither Anheuser-Busch or any of our wholesalers would knowingly participate in any sponsorship, promotion or performance that denigrates any segment of our consumers, and we specifically denounce any espoused violence against the LGBT community.

Regretfully, some confusion in the original consumer contact and our own internal processes failed to escalate this consumer inquiry in a timely manner allowing Anheuser-Busch to strongly advise the wholesaler against any participation in the event. Additional safeguards have been put in place to accelerate our processes to prevent future problems; specifically, all future LGBT issues will be sent directly to my attention for immediate handling.

Anheuser-Busch maintains a corporate commitment to zero tolerance for discrimination and the belief that every consumer is important, regardless of race, sex, religion, color, sexual orientation, gender identity, national origin, age, disability or veteran’s status.

Thank you again for bringing this regrettable situation to our attention and rest assured that it will be addressed at all levels within the Anheuser-Busch family.

Sincerely,

James Ramey

Manager, Multi-Cultural Marketing

I appreciate the difficulty of managing the image of a national brand while allowing local sponsorship decisions. And I commend Mr. Ramey for identifying the problem, taking a strong stance against homophobic music, and establishing steps to ensure that the Budweiser Select name does not again become associated with murder music.

So folks, this week when you’re catching the game (or the American Idol results show) crack open a cold Bud.

On the other hand, we have still to hear any response or even acknowlegement of our communication from metroPCS.

metroPCS Sponsors Murder Music

On Saturday an event took place in Tampa featuring Beenie Man, an artist known for lyrics that advocate murdering gay men and women. We contacted Anheiser-Busch to ask about their sponsorship of the event. Anheiser-Busch has acknowledged our concern and is in the process of investigating.

Another sponsor, metroPCS, has not given us the courtesy of indicating that they had received our complaint, much less given us any sense that they are treating this seriously. Today I sent the following email to metroPCS:

To: Diane McKenna
Director of Advertising & Brand Management

Dear Ms. McKenna,

On February 4, 2008, I emailed you inquiring about metroPCS’ sponsorship of music and lyrics that endorse the murder of gay men.

Specifically, I was concerned about an event two days ago in Tampa called Wild Splash which featured Beenie Man. This artist has a long history of homophobia in his lyrics, including “I’m dreaming of a new Jamaica, come to execute all the gays” and “Hang lesbians with a long piece of rope” and “Take a bazooka and kill gay men” (in Jamaican Patois).

I have not received any response from you or metroPCS about this concern. Can you please clarify if you have any policies in place that would address linking your name and logo to music that calls for murdering gay men and women?

Thank you,

Timothy Kincaid
www.boxturtlebulletin.com

Budweiser Murder Music Sponsorship Update

I received a message in my voicemail from Anheiser-Busch indicating that they are still looking into my complaint. Currently, they believe the issue is one of local endorsement.

I have responded by inquiring as to whether there is any policy about using the name and logo of Budweiser when making local endorsements. I anticipate a response by email.

Budweiser Continues in Sponsorship of Anti-Gay Murder Music

On Sunday we informed you that Budweiser has signed on as sponsor of a music event that featured Beenie Man. This artist’s lyrics endorses the murder of gay men and women, a position that he unapologetically champions repeatedly in his recordings and performances.

On Monday, March 3, I inquired with Anheuser-Busch regarding this endorsement. On Tuesday I received a response inquiring about the details. At 1:23 PST, I immediately replied with the following email:

Customer Relations,

Thank you for your response. Here is additional information:

Bud Select is a sponsor of Wild 98.7’s Wild Splash on March 8, 2008 at the Ford Amphitheater. Beenie Man is listed as a featured performer.

[Ref: Link to Wild 98.7 web site]

I’m sure that you are aware that Beenie Man’s lyrics have caused considerable concern in the gay community, as they endorse violence and murder against gay people. A number of venues and sponsors have in the past pulled support once the meaning of his music came to their attention.

[Ref: Link to Guardian web site]

You may also know that Jamaica is currently considered one of the most, if not the very most, dangerous place for gay people to live. There are regular reports of mob attack, often encouraged by the police.

[Ref: :Link to New York Times article]

And Beenie Man is unapologetic about his message of hate. When questioned about such lyrics as “I’m dreaming of a new Jamaica, come to execute all the gays” or “Hang lesbians with a long piece of rope” or “Take a bazooka and kill gay men”, he responded that he reserved the right to criticize “the homosexual lifestyle”.

[Ref: Link to IGLA article]

By propagating Beenie Man’s message, venues and sponsors send a message to Jamaicans and others that homophobia is acceptable. There is no question that such messages lead to increased violence and death.

For further information about the conditions in Jamaica and the part that some musicians play in this situation, I invite you to review our website, or just do a quick Google search.

I look forward to your response. Thank you,

Timothy Kincaid
www.boxturtlebulletin.com

As yet I have not received any reply or other response to the information. The St. Petersburg Times lists the following for tomorrow in their Out and About section

Wild Splash ’08: The popular bash hosted by WLLD-FM 98.7 returns this year with a list of some of the hottest acts on the radio airwaves: Wyclef Jean, Beenie Man, Pitbull, Rick Ross, Baby Bash, Trina, Treal, J Holiday, Grind Mode and more. 4 p.m.; Ford Amphitheater, 4802 U.S. 301 N, Tampa. Call 287-8844.

The radio station’s website continues to list Beenie Man as a performer. The logo for Bud Select has been moved to a more prominent position on the page.

I assume that the concert will go on. And that Beenie Man’s lyrics will continue to call for the murder of “batty-men”. And more gay men and women will be attacked and murdered.

I am saddened that Anheuser-Busch doesn’t seem to care.