Box Turtle Bulletin

Readers Send In Their Protest Pictures

Send us your photos, and we’ll post them right here.

From René van Soeren in Amsterdam:

Dear Jim,

In solidarity with our sisters & brothers in California (and Florida, Arizona etc) we send you this webarticle about the Love Exiles Protest 15 November on the Homomonument in Amsterdam, the first city in the world where same sex couples got married on 1 April 2001.

From Leah and Brenda (married in CA on Oct. 25) in Albany:

The protest in Albany, NY today was awesome! We drew a crowd of between 400-500 people. A great turn out for a small city on a rainy day!

From Katherine in Baltimore:

Only about 500 people showed up, and it got shut down early due to some harsh rain… most Marylanders attended the D.C. protest instead of going local.

From Kimberly in Boulder, CO:

No photos–sorry!

Boulder had about 500 to 600 people turn out to the capital. The crowd was peaceful but engaged and a great mix of GLBT’s and allies. For about an hour and a half various people spoke including representatives from PFLAG, Boulder Pride, the mayors office and the city council. The local Methodist pastor spoke and told the crowd of another kind of Christian that believes in equality for all of Gods people. A black, lesbian, Universalist minister, Rev. Alicia Forde, spoke of her journey and of ours as a collective whole. A local psychiatrist spoke and said some pretty profound words, “Gay marriage is here. It just hasn’t happened yet.”

Overall it was a great turnout and great crowd.

From Sara in Santa Cruz ,CA:

From Ampersand in Portland, OR:

I posted a few photos of one of the two Portland demonstrations today here.

From Rachel in Raleigh, NC:

Today’s protest in Raleigh drew approximately 1,000 out of their homes despite the rain. Jimmy Creech spoke before we marched to the governor’s mansion and hung a rainbow flag on an empty pole outside the gate. Our peaceful gathering included many, many gay allies who stood with us in reminding the country that the time to end discrimination is now, this day, this hour.

From Charles in New York:

I’ve been reading Box Turtle Bulletin for a few weeks now. I was at the protest today in New York. Here are some of my pictures.

From Tracie in Louisville, KY:

Brutally cold and wet but a couple of hundred showed up through out the day!

From Dan in Boise, ID:

Was only able to stay for about 45 minutes but here are the pictures I took.

From Michael in Chicago:

I went to the rally in Federal Plaza in downtown Chicago today, and I took a bunch of pictures there. Here is the link to them on Flickr. … One item of particular interest you will no doubt want to check out is the final picture in the set above. Other places may have had larger numbers than Chicago or more exciting speakers, but only Chicago had BOTH Peter LaBarbera and Matt Barber (with only two other people) providing the protest anti-protest!

From Sachi in San Diego:

Here is a link to the pics I took at the San Diego march.

From Marilyn in Seattle:

From KipEsquire in New York City:

From Arbitrary.Marks in Austin, TX:

From our own Daniel Gonzales in Ventura, CA:

From Adrienne Critcher in Shreveport, LA:

“We had a great rally downtown in Shreveport, LA in front of the Caddo Parish Courthouse (seen in the movie “W”). Shreveport is located in very conservative Northwest Louisiana, close to both Texas and Arkansas. There were over 150 people present with great signs. The event was sponsored by the Louisiana State University in Shreveport Gay-Straight Alliance and P.A.C.E. (Political Action Council for Equality – www.loveandletlove.org ). Lots of young people and the media there too! A great success!!”

From Bill and Robert in Pasadena, CA:

About 400 or so people came to the rally in Pasadena, CA. We heard from a minister from All Saints Church, an African-American who was once firehosed during a civil rights protest in the South, a Mormon opposed to Prop 8, gay husbands, and lesbian moms. We marched from City Hall down Colorado Blvd. to Old Pasadena and back. Lots of people honked their horns in support, and I didn’t hear one homophobic word from anyone driving by.

Protest In NYC

Huge numbers of people — estimates range widely from 3,000 to 10,000 — converged at the Mormon Temple in New York City to protest the passage of California’s Proposition 8. JoeMyGod was there, and he has a great roundup.

One good question which has arisen out of these protests is this: where were all of these people before the election? I think I have one piece of an answer that I will set about to put into words this weekend. But Dan Savage, who was also at the NYC protest, has a very different perspective that I had never thought of before:

Gay people generally aren’t the placard-waving, bomb-throwing, chaps-wearing, communion-wafer-stomping radicals we’re made out to be by the Bills O’Reilly and Donohue. Most gays and lesbians are content to be left to alone; many gays and lesbians go out of their way to ignore political threats and political activism and political activists. Only when gays and lesbians are attacked—only after the fact—do gays and lesbians take to the streets. Remember: the Stonewall Riots were are a response to a particularly brutal and cruelly-timed (we’d just buried Judy!) police raid on a gay bar in New York City; ACT-UP and Queer Nation were a response not to the AIDS virus, but to a murderous indifference on the parts of the political and medical establishment that amounted to an attack.

Most gay people grow up desperately trying to pass, to blend in; most of us flee to cities where we can live our lives in relative peace and security. We don’t go looking for fights. And most gay people walk around without realizing that they’ve internalized the dynamics of high school hells some of us barely survived: it’s better to pass, to stay out of sight, to avoid making waves, lest you attract negative attention, lest you get bashed.

But once you get bashed, once someone else throws the first punch, then you fight back—what other choice do you have?

Warning New Jersey and New York

Delerious over how their campaign of lies succeeded in California, anti-gays are already planning on their next target:

Gallagher said anti-gay marriage groups plan to focus next on New Jersey and New York, where the state legislatures are being lobbied to pass laws legalizing same-sex marriage.

The plan is to mobilize the same religious factions that joined forces in California to deter lawmakers from “taking on this divisive social issue while we are in the middle of a huge financial crisis,” Gallagher said.

And they will use the same tactic of flat-out lying:

Leaders of the successful Proposition 8 campaign say an unusual coalition of evangelical Christians, Mormons and Roman Catholics built a majority at the polls Tuesday by harnessing the organizational muscle of churches to a mainstream message about what school children might be taught about gay relationships if the ban failed.

If I were in New York or New Jersey I’d start marching and protesting today.

What about New York?

Public opinion polls in New York suggest that the residents of the Empire State may well be strongly supportive of marriage equality. The Governor is a strong advocate of marriage and has on more than one occasion demonstrated his support. In June 2007, the state assembly passed a bill legalizing same-sex marriage in a decisive 85-61 vote, with four Republicans supporting the bill.

Same-sex marriages conducted outside New York in a place where they are legal are currently recognized by the state.

And for the past year, the only thing standing in the way of a Senate vote on the bill was that the Republicans had a tiny majority and the Senate Leader refused to let the bill come up for a vote.

And now that has changed. As a result of Tuesday night, the Democrats will go into the next legislative session with a two vote lead in the Senate.

So why is it too early to celebrate?

Because four of the Democratic Senators are considering backing a Republican Senate Leader. The Democrat up for Leadership is black, which does not sit well with these Senators.

Three of the four holdouts are Latino legislators who feel Latinos have been underrepresented in leadership roles in city and state government and want to press the issue in the Senate.

Mr. Díaz said the four men, who have formed an independent political caucus, may put off making a decision on whom to back for leader until the new legislative session begins in January.

“There’s a concern that we have a black president, a black governor and we have a concern that we have to be sharing power,” said Mr. Díaz.

But race is not the only factor in the decision as to who should lead the Senate.

Mr. Díaz, a Pentecostal minister, has long been one of the most socially conservative voices in the Senate. He continued to say on Wednesday that he could not support as leader any lawmaker who would help make gay marriage become law, even if it were his own son, Assemblyman Ruben Díaz Jr.

“I would not support anybody, Malcolm Smith, my son Ruben Díaz Jr., anybody who supports that,” he said.

Senator Diaz seems to be indicating that he would rather that Republican Dean Skelos lead the Senate than that marriage equality come to New York. And while Senator Skelos has met with Log Cabin and has indicated a willingness to be more open to gay issues than his predecessor, Senator Bruno, he is not in favor of gay marriage and it is doubtful that he would allow such a bill to go forward.

As yet there is no indication as to who these four Senators will eventually support. And there is some indication that the Democratic leadership may be willing to jettison marriage equality – at least temporarily – in order to achieve control of the Senate.

Senator Thomas K. Duane, an openly gay Democrat from Manhattan who has been a major advocate for marriage legislation, said, “We’re putting everything on hold until we fix the economy.”

And even were a vote to take place, there is no certainty that marriage equality would pass. While I believe some Republicans may be lined up in support, they may not be enough to outnumber these and other potential Democratic defectors.

Edgar Garzon’s Killer Sentenced

A judge in Queens Friday sentenced John L. McGhee to 22 years to life for killing of 35-year-old Edgar Garzón (pictured) in 2001.

Shortly before 4 a.m., on Aug. 15, 2001, Edgar was walking home after leaving a gay bar in Jackson Heights when McGhee jumped out of a car and savagely attacked him with a baseball bat or a lead pipe. Garzón’s skull was crushed. He died on September 4, 2001 in Elmhurst Hospital Center. He never regained consciousness.

According to police, at least two men were present at the assault who drove away in a red car. One of them, Christopher Ricalde, 14 at the time, came forward in 2003 and identified McGhee as the assailant. Ricalde was the sole eyewitness to the attack to come forward.

McGhee fled to England in December 2001, where police tracked him down in 2003. Britain sent him back to the U.S. in June 2006 after determining that he lied on a visa application. New York City police met his flight from England and arrested him.

McGhee’s 2007 trial ended in a mistrial.

Edgar’s mother spoke during the sentencing:

“There is a deep wound in our hearts that will never heal,” said Leonor Garzon, Edgar’s mother, at the October 17 sentencing. “As you see Mr. McGhee, you have taken us from living a good life… Today, our companions are sadness and loneliness.”

Leonor spoke through a translator with her husband, Armando, standing by her side. Calling the 2001 attack a “brutal and cruel injustice,” Leonor said McGhee, 40, attacked her son “from behind without giving him the opportunity or space to defend himself.”

Edgar Garzón was born in Bogotá, and moved to New York at 16 and became a U.S. citizen. He made his living designing sets for local theater groups.

Behind the Scenes of NY’s Safe Schools Bill

Queerty has a fascinating tale of how Log Cabin worked with ten New York Republican Senators to carefully craft a gay-and-trans-inclusive school protection bill that would provide protection for bullied children but also address the objections of more conservative members.

Foreseeing challenges with gender identity and expression, the Cabinites worked with gay non-profit Empire State Pride Agenda to add another level to the argument. Rather than focusing on the “trans” implications of such legislation, the group highlighted the fact that many students aren’t targeted for being “gay,” but for not conforming to gender norms. That may be a simple fact for some of you, but New York’s Republican party’s not always the most progressive.

Bratton Endorses Marriage Equality

Former New York and current Los Angeles Chief of Police William Bratton has endorsed gay marriage and given a donation to the efforts to fight against Proposition 8.

“The Constitution guarantees life, liberty and the pursuit of happiness,” Bratton said this week. “I see no reason why gays can’t pursue happiness through marriage.”

Update

It should be noted that Bratton ran for Mayor of New York as a Republican in 2000. Supporters of marriage equality can make a strong case that opposition to discrimination has bi-partisan support in California.

Transgender Non-Discrimination Bill Passes New York Assembly

Many people have argued that the state of Transgender advocacy is at about where LGB (without the T) advocacy was ten or twenty years ago. Which makes this development especially important. On June 3, the state assembly voted overwhelmingly (102-33!) to to amend the state’s human rights law to include anti-discrimination protections for gender identity and expression.

The bill’s prospects in the Senate are uncertain, where Republicans hold a slim majority. Gov. Paterson has indicated that he will sign the bill if it reaches his desk.

32% of US Citizens Covered by Couple Recognition

With the announcement by Governor Paterson of New York that his state would enact policies to recognize out of state same-sex marriages (in accordance with a court ruling), the gay citizens of the first and third largest states now can rest assured that their state government will honor their marriages.

Though same-sex marriages may (as of June 17th) take place only in Massachusetts and California, such marriages are now recognized in New York and (perhaps) Rhode Island. In total 63 million Americans, or 20.7%, live in marriage recognition states.

States that allow all or nearly all of the attributes of marriage under some other name, New Jersey, Connecticut, New Hampshire, Vermont, and Oregon, contribute another 18 million, or 5.9%. Those who offer limited recognition, Washington, Maine, Hawaii, Maryland, and the District of Columbia, have populations totaling 15 million or 5.0%.

In total 31.6% of US residents are able to avail themselves of protections for their same-sex families.

The sky hasn’t fallen.

New York Implements Court Ruling to Recognize Same-Sex Marriages

In a direct response to a February state appeals court ruling, New York Gov. David Paterson has ordered state agencies to recognize same-sex marriages performed in states and countries where they are legal. The governor’s legal counsel issued a memo on May 14 directing state agencies to revise policies and regulations to recognize same-sex marriages performed in California, Massachusetts, Canada and other countries that allow gays and lesbians to marry. The revisions will affect as many as 1,300 statutes and regulations in New York.

While the state will now recognize same-sex marriages performed elsewhere, state law does not permit same-sex couples to marry in New York. Gov. Paterson’s predecessor, Eliot Spitzer, introduced a bill last year that would have legalized same-sex marriage. The Democratic-controlled Assembly passed the bill, but the Republican-led Senate has refused to bring it to a vote. Gov. Paterson described the move to recognize out-of-state messages as “a strong step toward marriage equality.”

Marriage Rights Around the World

The following countries offer some form of recognition to same-sex couples:

Marriage

Netherlands, Belgium, Spain, Canada, South Africa, United States (Massachusetts, California)

Civil Unions

New Zealand, Brazil (Rio Grande do Sul), Argentina (Buenos Aires, Rio Negro), Mexico (Coahuila), Uruguay, United States (Vermont, New Hampshire, Connecticut, New Jersey)

Registered Partnership or Domestic Partnership

Denmark, Greenland, Iceland, Norway, Sweden, Portugal, Finland, Luxembourg, , Slovenia, United Kingdom, Czech Republic, Italy (City of Padua), Switzerland, Hungary, Australia (Tasmania), United States (Maine, Washington, Oregon)

Other Methods of Limited Recognition

France (PACS), Germany (Life Partnership), Croatia (Law of Same-Sex Relationships), Andorra (Stable Union of a Couple), Mexico (Mexico City – PACS), Colombia (Common-law marriage inheritance rights), Israel (Limited recognition of foreign legal arrangements), United States (Hawaii – Reciprocal Benefits; New York – recognition of out-of-state legal marriages)

Although recognition is in a rapid state of change, this is my best understanding of the current rights provided. Several nations are in the process of adding or revising recognition.

Anti-Gay Cops Back on Streets in Rochester, NY

When a gay v. police dispute arises it is difficult to know where the truth lies. Based on a long history of abuse, I am often tempted to doubt the claims of officers and to believe gay people, but of course that is not a fail-safe method. Nonetheless, there is a story out of Rochester, NY that disturbs me. While all facts may not be known, there are some things are are not in dispute.

In June 2007 there were five folks walking home from a bar when they were attacked by another group by fist, boot, and iron pipe. They believe that the reason of the attack was because some of the group was gay.

They did what one is supposed to do in this situation; they called the police.

When the officers arrived, they let the attackers go and became hostile to the victims. They refused to take their statements, ordered them to disperse, used homophobic slurs, and arrested some of the victims for disorderly conduct.

When the story broke, the police chief indicated that “mistakes had been made”. But the police union rep continued to defend the actions of the officers.

“This is an example of cops being persecuted for political reasons,” said Mike Mazzeo, a Rochester Police Locust Club union official.

Since that time,

Police later identified the suspects, but did not file charges.

None of the accusers testified before the grand jury, which declined to indict any of the suspects or officers.

The accusers have filed a lawsuit against the city, alleging their civil rights were violated.

From the words of the police union representative, it’s clear that officers in Rochester do not consider it a crime to beat gay people. But insisting that the officers protect them from attack, that’s an criminal offense.

A local television station, 13WHAM, engaged in a campaign to discredit the victims, culminating in an “exclusive” in which they question whether there was a hate crime. They insinuate that arresting the victims was fully justified.

13WHAM News has obtained an internal police department document into last year’s alleged anti-gay hate crime on South Goodman Street. It says there was no hate crime, and raises questions as to whether department leaders misled the public.

Four of the officers were suspended during investigation. And although no conclusions have been made, today we get a hint as to whether there will be any punishment. From the “alleged”-happy 13WHAM:

The four Rochester Police Department officers who were suspended for the way they handled an alleged gay bashing will return to work on Tuesday.

As for the victims of the gay bashing that the officers arrested instead of their attackers?

Two of the alleged victims were arrested by officers the night of the incident and charged with disorderly conduct. Alexander Terrance pleaded guilty. Josh Lieberman is awaiting trial. A third man, Peter Schmitt, received an adjournment in contemplation of dismissal.

Lieberman was supposed to go on trial last week. John DiMarco, his attorney, told the judge that the prosecution may be withholding exculpatory evidence. DiMarco said he obtained a letter from Chief Moore to one of the suspended officers. DiMarco said that letter indicates the officer did not have probable cause to arrest the alleged victims. DiMarco wants to know more about how the chief came to that conclusion. The evidence he is requesting could include portions of the PSS investigation, and grand jury testimony.

“In the context of this case, my client is adamant about his lack of criminal actions,” DiMarco said.

The motto of the Rochester Police Department is

“Serving With Pride”

I would remind the officers of the Rochester police force that pride is what one earns by doing the right thing. When it isn’t earned, it’s just arrogance.

Doubly Vulnerable: Homeless Gay Youth

The Columbia Spectator today has a very disturbing story about some very significant threats that some gay youth phase. This story concerns 15-year-old Drew, an “ordinary teenager” from a good neighborhood in upstate New York, a good student getting good grades. But his pretty good life took an abrupt turn when he came out to his parents:

“It all changed the night I tried to tell my parents I was gay,” he said. “My mom was pretty cool with it, but my dad just freaked out and started screaming. Then he started hitting me.”

“He’d never hit me before, never,” he sobbed, “but when I told him who I was, that I was gay, he just got so mad. He said he was going to kill me and I believed him, so I ran.”

After spending a few nights sleeping at a friend’s house, Drew returned home, hoping that things might have calmed down.

“I tried to open the door, but my key didn’t work any more. So I started knocking and eventually my dad came to the door and told me that I was no longer his son and he never wanted to see me again. He said if I ever tried to get in touch with him or my mom again he’d find me and kill me,” he explained.

He now lives on the streets of New York’s Upper West Side, where he begs strangers for food and money. He often has to exchange unsafe sexual favors for it. It’s a dangerous way to drive the live, and the dangers don’t end there:

Terrified and devastated at losing his family, Drew fled to New York City, where he hoped people might be more accepting of his sexuality. But since arriving five months ago, Drew estimates that he has been beaten up on average once a week—just for being gay.

“Mostly it’s other homeless people who do it,” he said. “They find out you’re gay, and then they wait for a chance to punish you. When I first got here I went to a shelter, but once the other kids found out I was gay they started teasing me and then one day they all ganged up on me and beat me up. We weren’t in the shelter at the time so the staff didn’t know, but now I’m too scared to go back or to try another shelter in case it happens again. I prefer to take my chances on the streets.”

The Empire State Coalition estimates that somewhere between 25% and 40% of homeless youth in New York city are LGBT youth (PDF: 378KB/100 pages). According to a 2002 report by the American Journal of Public Health (PDF: 181KB/5 pages), LGBT homeless youth are significantly more vulnerable to physical victimization, substance abuse, and psychological problems.

There are thousands of Drews all across this country. When people say that they aren’t “bashing homosexuals, but…”, it’s important to note that many parents of homeless LGBT youth will probably say the same thing. You know, they just don’t “condone” their kids “lifestyle” — a lifestyle which can often be of their own parents’ making.

If you want to know why it is so fundamentally vital to change attitudes towards acceptance in this country, just look at the face of the next homeless teen you encounter.

Paying More – Getting Less

Hey gay couples, grab your checkbooks. It’s that time of year where you get to pay more than your brother and his wife.

If you are part of a couple, you usually would benefit from filing an income tax return as a married couple. While this is not always the case, it is especially true for those couples in which one of the partners has a much lower income than the other.

Some states have decided that they value their gay citizens and seek to encourage stable families and have changed their laws so as to treat gay couples the same as heterosexual couples in their tax law. Massachusetts, California, Vermont, and Connecticut all allow for couples to file joint tax returns (this may also be the case in New Jersey, New Hampshire, Maine, Washington and Oregon and perhaps for some Rhode Island and New York residents – I haven’t researched every state).

But while this is to be commended and advanced in more states, it isn’t as simple as it seems. The federal government doesn’t care what the states have determined, they only recognize marriage as between a man and a woman. Thus, gay couples get to jump through hoops and make multiple tax returns. This becomes costly whenever you have a complicated return.

For example, a California couple in a Domestic Partnership has to prepare its state return as though they were a married couple. But CA tax law relies on federal tax treatment of certain situations, so this couple often has to prepare a federal income tax return as a married couple in order to apply the appropriate treatment on their state returns.

But they can’t file that federal joint return. The IRS won’t accept it. Instead they have to prepare federal returns as though they were unrelated roommates.

Add in some complexity, such as multiple state returns, and you may end up paying your accountant a much higher rate due to the extra time they incur.

If you can. Some accountants may not be familiar with the procedures at all.

H&R Block, the nation’s largest tax firm, is being sued by the ACLU because their online do-it-yourself system can’t accomodate Connecticut’s civil unions. Connecticut gay couples have to pay about $150 more and go into the H&R Block office in order to get their returns prepared correctly.

So the next time you hear some anti-gay whine about “special rights”, remind them that you pay more for your government than they do.

UPDATE

Reader John brought to my attention one of the stupidest and cruelest inconsistencies.

If your brother receives insurance covering his wife, it’s a tax free benefit. If you receive insurance covering your same-sex spouse, the federal government considers that to be a taxable part of your income. Yes, they actually make you pay income taxes on the amount of health insurance that you receive from your company for your spouse if you are gay.

I guess that concern about Americans without health insurance extends only to heterosexuals.

Anti-Gay Protesters Fined for Disturbance

Do you suppose St. Sebastian just told people he had been shot with arrows? Or perhaps St. Perpetua was exaggerating about that little lion problem. Well if today’s Christian martyrs are anything to go by, I’d be pretty suspicious.

Take, for example, the story of Julian Raven, Maurice Kienenberger, Gloria Raven and Walter Quick. These street preachers went to save souls at the Southern Tier Gay Pride Festival on June 23 of last year.

Here’s how WorldNetDaily tells the story

Julian and Gloria Raven and several others entered the park to pray silently for the participants of the event celebrating homosexual behavior.

And

“It seems oxymoronic to say that by walking silently in a public park, with heads bowed, these people somehow disturbed the peace,” Oster said of the case earlier. “From the sit-ins of the 1960s to today, courts have repeatedly ruled that the police cannot arrest those who peacefully express their message in public places.”

But is that really what happened? Of course not.

Here’s what WCAX reported the “silent walkers” as doing:

Wearing red T-shirts with the slogans “Liberated from Sin” and “By the Blood of Jesus,” they were arrested for lying down in front of the stage after police ordered them to stay in a corner of the park.

Hmmmm

They were allowed to be at the gay festival to tell the participants that they were sinners. They just couldn’t block the event. And they were fined a whopping $100 for trying to do so.

Gee, maybe we can get the Catholic Church to toss out all those old boring saints. Their troubles are nothing compared to these poor poor street preachers who weren’t allowed to disrupt a gay event.

Oh, and naturally they are appealing and are being defended by the Alliance Defense Fund.