The Daily Agenda for Friday, May 18

Jim Burroway

May 18th, 2012

TODAY’S AGENDA:
Pride Celebrations This Weekend: Durban, South Africa; Eskilstuna, Sweden; Kiev, Ukraine; Long Beach, CANew Hope, PA; Oklahoma City, OK; and Springfield, IL.

AIDS Walks This Weekend: Buffalo, NY; Ft. Lauderdale, FL; London, UK; Los Angeles, CAMinneapolis, MN; New York, NY; and Orlando, FL.

Other Events This Weekend: California Music Festival & AIDS Walk, Los Angeles, CA; Tijuana Cultural Days Against Homophobia, Tijuana, BC; and Inside Out Toronto LGBT Film Festival, Toronto, ON.

Jack Baker and James McConnell applying for a marriage license in Minneapolis.

TODAY IN HISTORY:
Marriage In Minnesota: 1970. Later this year, Minnesota voters will consider a constitutional ban on same-sex marriage. Forty-two years ago, gay marriage was a hot topic then as well. The drama began four years earlier, when Mike McConnell met Jack Backer in 1966 on a blind date at a Halloween party in Oklahoma where they were both 24-year-old grad students. On Baker’s 25th birthday, they became “betrothed,” as they put it, in a private ceremony. They moved to Kansas City, Missouri, and that’s when they met activists Barbara Gittings and Frank Kameny. “That’s what lit our fires of pride,” recalled McConnell in Joyce Murdoch and Deb Price’s Courting Justice: Gay Men And Lesbians V. The Supreme Court. “These fine people were willing to say, ‘Look, I’m as good as anybody else.’ That’s all I needed to hear.”

In April, 1970. McConnell accepted a job at the University of Minnesota’s library and and Baker enrolled as a first year law student. Three weeks later, on this date in 1970, the couple applied for a marriage license in Minneapolis. Their presence caused a minor stir among nervous office workers. Baker told them, “If there’s any legal hassle, we’re prepared to take it all the way to the Supreme Court. This is not a gimmick.” There were legal hassles. Not only were the denied a license, but the university fired McConnell when news of their application hit the papers.

A federal judge blocked McConnell’s firing. He called the episode “rather bizarre, but concluded that “An [sic] homosexual is after all a human being and a citizen…. He is as much entitled to the protection and benefits of the laws… as others.” Unfortunately, that decision was reversed on appeal, and the U.S. Supreme Court refused to take up the case.

Meanwhile a state judge, ruling on the marriage case itself, sided with county officials and ordered them not to issue a license. While McConnell and Baker appealed that decision, McConnell legally adopted Baker in August 1971, which allowed them at least some of the benefits of marriage (inheritance, medical decision-making, even reduced tuition for Baker) and the two were married in a private ceremony a month later by Methodist ministers. But in October, the Minnesota Supreme Court ruled in Baker v. Nelson that state law prohibits same-sex marriage. The U.S. Supreme Court dismissed the appeal “for want of a substantial federal question,” and Baker v. Nelson became established precedent.

First Published Report Of New “Exotic” Disease Among New York Gays: 1981. June 5, 1981 is typically cited as the date of the first published report on a new disease which would become known as AIDS, when the Centers for Disease Control and Prevention published a notice concerning five previously healthy gay men in Los Angeles who died from rare infections which were normally easily curable (See June 5).

But the first published report actually appeared in a New York gay newspaper, The New York Native, in an article titled “Disease Rumors Largely Unfounded” by Dr. Lawrence Mass. He reported on swirling rumors of a new “exotic” disease in Gotham’s gay community appearing as a “gay cancer” or a rare form of pneumonia which typically only appeared in people with severely suppressed immune systems, such as cancer and transplant patients or the elderly. “What’s unusual about the cases reported this year is that eleven of them were not obviously compromised hosts,” Mass explained. “The possibility there exists that a new, more virulent strain of the organism may have been ‘community acquired.'” But Mass and Dr. Steve Phillips of the New York Department of Health said that there was not enough evidence (yet) to make a clear connection between the new disease and the gay community.

It wouldn’t be long before that link was made. Chroniclers of the AIDS crisis now recognize Dr. Mass as being the first to write about the emerging epidemic in print. Dr. Mass went on the help found the Gay Men’s Health Crisis, and was the principle author of the organization’s Medical Answers About AIDS through four revisions spanning ten years.

CA Supreme Court Upholds Decision for Lesbians Denied Restaurant Seating: 1984. On January 13, 1983, Zandra Rolon and Deborah Johnson made dinner reservations at Papa Choux, a very elegant Los Angeles restaurant. They specifically reserved a “Romantic Booth” in the restaurant’s Intimate Room, which featured sheer curtains around the booths, strolling violinists, and a measure of privacy. When they arrived for dinner, they were seated at the reserved booth, at first, but then they were told that they had to move. The manager told them, falsely, that a city ordinance prohibits such seating. They sued and won, and the case was upheld on appeal. On May 18, 1984, the California denied the restaurant’s request for a hearing, and Seymour Jacoby, the owner, took out a newspaper ad saying that “true romantic dining died on this date.” The couples attorney, Gloria Allred, countered, “This is not the death of romance. It is the death of discrimination.” A few days later, about 100 or so bar customers gathered for a “wake” as the restaurant closed its six curtained booths.

TODAY’S BIRTHDAYS:
Patrick Dennis: 1921. His 1955 novel, Auntie Mame: An Irreverent Escapade, based on growing up with his real life Aunt, Mame Dennis, became one of the best-selling books of the 20th century. It remained  on the New York Times bestseller list for 112 weeks, and became the basis for the movie Auntie Mame in 1958 starring Rosalind Russel. But that wasn’t fabulous enough. It went on to become a Broadway musical in 1966 starring Angela Lansbury and Bea Arthur. From there it became a Hollywood musical starring Lucille Ball and Bea Arthur. Mame’s outrageous main character defined camp. Mame’s commitment to imagination and style can best be summed up in her most famous line: “Life is a banquet, and most poor sons of bitches are starving to death. Live!”

Dennis married in 1948 and had two children. He struggled with his bisexuality and was said to have been a fixture in Greenwich Village. He tried to commit suicide at one point, and after years of leading a double life, he decided to leave his family after he had fallen in love with another man. By the 1970s, his novels fell out of favor and out of print. His caviar tastes and extravagant nature, not unlike those of his quasi-fictional Mame, soon had him flat broke. He began a second career as a butler, and a rather anonymous one at that. He worked at the estate of Ray Kroc, founder of McDonalds, where it is said that his employers had no idea who he really was.

Top: Don Bachardy and Christopher Isherwood. Bottom: Isherwood sitting for Bachardy

Don Bachardy: 1934. He met writer Christopher Isherwood on Valentine’s day when he was eighteen and Isherwood was 48, and they remained together as partners until Isherwood’s death in 1986. Bachardy still lives in the house they shared together in Santa Monica. It’s a shame that virtually every biography about Bachardy starts with that introduction because he is a talented painter in his own right. He studied at the Chouinard Art Institute in Los Angeles and the Slade School of Art in London. His first one-man exhibition was held in 1961 at London’s Redfern Gallery. Most of his work is portraiture, and several of his sketches appeared in Isherwood’s novels.

If Bachardy was sometimes overshadowed by his relationship with Isherwood, he seems to have come to terms with it. But it did pose problems between them earlier in their relationship. During a particularly difficult period when Bachardy was studying in London, they almost broke up. Isherwood imagined what it would be like to live without Bachardy, and wrote A Single Man in which Bachardy’s character was already dead before the novel began. If you know the novel’s story, the result is not a happy one. Bachardy and Isherwood remained together for 33 years, and their relationship became an integral part of each other’s art. When Isherwood was dying of cancer, he continued to sit for Bachardy’s portraits. “Chris was in a lot of pain towards the end,” he told The Sunday Times. “But he had sat for me so often over the years, and I knew this was something we could still do together. Each day, I could be with him intensely for hours on end.”

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?

Hyhybt

May 18th, 2012

I just cannot get the mindset that says it’s better to shut down something straight people enjoy just because gay people are allowed in too. (Though in this case, strolling violinists and such sounds more annoying than romantic anyway.)

Leo

May 18th, 2012

For those interested “Chris & Don” is a nice documentary about Isherwood and Bachardy’s life together. It can be found on Netflix.

jpeckjr

May 18th, 2012

Thank you for the story on Jack Baker and Mike McConnell and the case that, I believe, was really the first same sex marriage case. The SCOTUS decision in this case not to hear it because it posed no federal question is being used by some marriage equality opponents to undermine the Prop 8 federal rulings.

Baker v. Nelson is the SCOTUS precedent on same sex marriage — it’s a state quesiton. Part of our challenge in getting this question back to SCOTUS is overcoming this precedent, persuading them there is a federal question. It seems to me DOMA federalized the question.

Anyway, thank for this historical note, Jim. It’s one of my favorite things about BTB.

Steve

May 18th, 2012

>”Baker v. Nelson is the SCOTUS precedent on same sex marriage”
No, it’s not. Them declining to hear the case does not set a precedent.

Also, in light of the massive changes regarding LGTB laws since 1970, it can easily be argued that Nelson v. Baker isn’t binding anymore.

Timothy (TRiG)

May 18th, 2012

Hey,

There’s talk of decriminalising homosexuality in Malawi.

TRiG.

jpeckjr

May 19th, 2012

@Steve. Yes. I see your point about B v N. I suppose my point is, at that time, SCOTUS declined to hear the case on the grounds marriage was not a federal issue, but a state one. That continues to be an argument that must be dealt with.

When I want to argue against a US constitutional amendment defining marriage as one man / one woman, I say “marriage should be a state issue.”

When I want to argue marriage equality is a basic civil right, I say “Equal protection clause — 14th amendment.” For SCOTUS to hear a marriage equality case, they will have to say “It is now a federal issue.”

I also agree that declining to hear a case is not binding on the possibility of hearing a similar case in the future.

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