The Daily Agenda for Friday, October 18

Jim Burroway

October 18th, 2013

TODAY’S AGENDA:
At Least Four New Jersey Cities To Begin Issuing Marriage Licenses: Asbury Park, Jersey City, Newark, Red Bank. Unless the state Supreme Court issues a stay against a lower court ruling requiring the state of New Jersey to grant marriage licenses to same-sex couples, marriage equality will commence on Monday, October 21. In late-breaking news last night, officials in four New Jersey cities announced that they will begin issuing marriage licenses for same-sex couples today in consideration of the state’s mandatory 72-hour waiting period. Senator-elect Cory Booker, who is currently mayor of Newark, has announced that he will be prepared to conduct the first rounds of weddings in the City Hall rotunda after the stroke of midnight Monday morning. The state Supreme Court is expected to decide as early as today whether to allow those weddings to take place.

Pride Celebrations This Weekend: Bakersfield, CA; Jacksonville, FL; Nashville, TN (Black Pride); Winston-Salem, NC.

AIDS Walks This Weekend: Atlanta, GA; Austin, TX; Philadelphia, PA; Phoenix, AZ; Watertown, NY.

Other Events This Weekend: Polari Film Festival, Austin, TX; Louisville LGBT Film Festival, Louisville, KY; Chéries-Chéris Film Festival, Paris, France; , Phoenix, AZ; Seattle Lesbian and Gay Film Festival, Seattle, WA.

HM Prison, Brixton

TODAY IN HISTORY:
Two Suggestions for Curing Homosexuality: 1947. Dr. F.H. Taylor had published a paper in the October 4, 1947 edition of the British Medical Journal in which he described treatment outcomes for 96 people who had been sent to His Majesty’s Prison in Brixton. Of those committed, 66 were identified as “pseudo-homosexual,” with 34 showing some signs of mental illness (although his definitions were somewhat surprising: three “epileptics,” twelve with “personality defects”, and five as “dull and backward”). The “pseudo-homosexuals” were those who Taylor described as “hav(ing) heterosexual tendencies and in whom the homosexual offence was in the nature of a substitution for the normal heterosexual act.” He described twelve more as bisexuals (“not so much by way of a perversion in the psychiatrical sense, but rather an indication of sheer depravity”), five as prostitutes (which he considered situational, much like his “pseudo-homosexuals”) and thirteen cases as “true inverts.”

It was that last group which he focused his paper on. Of those thirteen, seven showed no improvement in treatment, and three refused it altogether. Of the remaining three, one was “too dull to be able to co-operate in any form,” and another ” had already been considered by a clinic and a consultant psychiatrist and turned away as unsuitable.” That left one last man, whose ” offence was directly attributable to heavy consumption of alcohol,” was considered a good prospect for treatment. “Thus out of 13 cases, in only one was there any indication that psychotherapy would be of any value whatsoever — and then only as a palliative, not as a cure.”

Taylor’s article prompted a a couple of letters to the editor two weeks later. Dr. Clifford Allen of London wrote that it was no wonder that Taylor’s views on treating gay people were so pessimistic “since in prison psychiatry the hopeless cases and failures are most likely to be met, while the successfully treated ones live normal lives.” Allen then offered:

My own solution to this problem is that there should be a definite clinic for psychosexual conditions to which the courts send these cases for psychotherapy. The psychiatrists working on this one type of case would be certain to become more skilled than otherwise, and the patients more likely to be cured.”

How Allen believed that his solution would be any difference from Taylor’s, he didn’t explain. The second letter, from L.M.M. Beadnell was equally non-sensical:

SIR,–Dr. F. H. Taylor’s article (Oct. 4, p. 525) on homosexual offences makes me wonder once again why one never sees any mention of gonadal treatment in these cases; surely it must have some effect on at least a proportion.

A few years ago on transferring to a new area I came across a health visitor, aged about 35, who had a very deep voice and a distinct moustache. She had had a major operation, presumably a hysterectomy, about a year previously for dysmenorrhoea. About a year after I met her she was forced to leave the district as there had been several complaints from the mothers of girl guides in a company which she ran. I do not know exactly what these complaints were, but it was common local gossip that the girl was a homosexual. I feel sure that if this girl; had been given appropriate hormone treatment at the time of and subsequently to her operation she would not have become a Lesbian.

I should be interested to know if others have any experience of these cases being prevented or alleviated by hormone therapy.–I am, etc.

L.M.M. Beadnell
Rushden, near Buntingford, Herts.

Justice Powell Regrets Bowers Ruling: 1990. In 1986, the U.S. Supreme Court ruled in Bowers v. Hardwick to uphold Georgia’s sodomy law, and with it similar laws in twenty-five other states and the District of Columbia (See Jun 30). It had been reported that Justice Lewis Powell, Jr., had originally voted to strike down the law, but a few days later he changed his mind and became the deciding vote in the court’s 5-4 decision. His retirement the following year gave him plenty of time to think about what he had done. Four years after Bowers, Powell spoke before a group of law students at New York University where he was asked how he reconciled his vote in Bowers, which limited the right to privacy, with his vote in Roe v. Wade, which extended a woman’s right to privacy to include whether she wanted to have an abortion. “I think I probably made a mistake on that one,” Powell said of his Bowers decision.

Powell later explained to a law journal, “I do think I was inconsistent in a general way with Roe. When I had the opportunity to reread the opinions a few months later, I thought the dissent had the better of the arguments.” But Powell refused to consider his deciding vote all that important. “I thought it was a frivolous case. I still think it was a frivolous case.” He considered his decision as “one of little or no importance,” because, he said, no one had actually been prosecuted for homosexual conduct.

White Supremacists Found Guilty In Gay Nightclub Bombing Plot: 1990. Robert John Winslow, a twenty-nine year old former infantryman from Laclede, Idaho had it all figured out. He used a towel spread out on a table top to represent the area around Seattle’s Neighbours Disco, a popular nightclub in the Capital Hill gayborhood, as he explained to Rico Valentino how it would all go down. They’d plant four bombs in the alley adjacent to Neighbours’ rear entrance. They’d paint them black and hide them in the shadows, on opposite sides of the alley. They could even use propane to create a “fireball effect.” Then someone would phone the bar with a bomb threat and everyone would evacuate out into the alley. “Fag burgers!” Winslow laughed. Why? Winslow said that homosexuals in America were threatening “white Christianity.” They also talked about bombing the Anti-Defamation League, cars owned by Jews, and businesses owned by blacks and Chinese.

They began planning the operation on April 20, 1990, during an Aryan Nation’s celebration of Hitler’s birthday, and now they were ready to do it. Winslow, Stephen Nelson, 35, and Procter Baker, 58, who had served as master of ceremonies for the birthday observance, were members of the Church of Jesus Christ Christian (Aryan Nations) at Hayden Lake, Idaho. But Valentino, a former professional wrestler, was a paid informant who had been working undercover for three years for the FBI. He wore a wire as Winslow laid out the plans. He also collected evidence at the Aryan Nations compound in Idaho. On May 12, 1990, Winslow and Nelson were arrested after driving with Valentino to Seattle. FBI agents trailed the van and arrested them in a motel parking lot near Seattle-Tacoma International Airport. Agents found pipe-bomb components, a .38-caliber pistol, a 12-gage shotgun and white-supremacist literature. Baker was arrested at his home in Coeur d’Alene. A search of his cabin in Kendrick turned up a partially assembled pipe bomb.

On October 18, 1990, Nelson, Winslow, and Baker were convicted of conspiracy and manufacturing and possessing pipe bombs. Nelson and Winslow were also found guilty of using interstate commerce in a conspiracy and possessing firearms during a violent crime. Winslow was sentenced to nine years, Nelson eight, and Baker to two years. The sentence was considered light: they had faced 20 to 25 years. But U.S. District Judge Harold Ryan rejected prosecutors contention that their actions amounted to “domestic terrorism,” and he also declined the government’s request to add time to the sentenced based on the intended victims.

Navy Apologizes for USS Iowa Blast Accusation: 1991. On April 19, 1989 in the Number Two 16-inch gun turret aboard the USS Iowa exploded, killing 47 crewmen who were inside the turret. Iowa crewmen were ordered to remov the bodies, throw damaged equipment overboard and repaint the damaged turret the next day — all without taking photos or gathering any evidence. Investigators immediately set out the theory that Second Class Gunner’s Mate Clayton Hartwig, was killed in the blast, had committed suicide by detonating the explosion after an alleged affair with another male soldier ended.  As far as the Navy was concerned, that explained everything and the case was closed.

But Congress and the general public weren’t satisfied. After mounting criticism, Navy Secretary J. Lawrence Garett III ordered the service to reopen the investigation and hand it over to independent investigators. During that investigation, a sample of gunpowder of the same type used on the USS Iowa exploded during a ram test, which simulated the process of raming bags of gunpowder into the gun during loading. With that, the original investigation, which was based on circumstantial evidence, also went up in smoke. The Navy was left with nothing to do but apologize. “For this, on behalf of the U.S. Navy, I extend my sincere regrets to the family,” said a statement from Adm. Frank Kekso, chief of naval operations. “The Navy will not imply that a deceased individual is to blame for his own death, or the death of others.” He also apologized to the other families of those who died because “such a long period has passed, and despite all efforts, no certain answers regarding the cause of this terrible tragedy can be found.”

TODAY’S BIRTHDAY:
60 YEARS AGO: Tim Gill: 1953. In 1984, Apple came out with the life-changing Macintosh, the first mass-market computer with an operating system based on a graphical user interface and a mouse. It was also the first computer to make desktop publishing a breeze. PageMaker was the first Mac desktop publishing application. PageMaker was fine for printing birthday invitations, but it would be QuarkXPress, which debuted in 1987, which was adopted by professional page designers, typesetters and commercial printers. Tim Gill’s Quark, Inc., which he started in 1981 with a $2,000 loan from his parents, revolutionized the publishing industry and made him a millionaire many hundreds of times times over.

Gill became involved with political activism during the 1992 fight against Colorado’s Amendment 2, which prohibited all non-discrimination protections based on sexual orientation. He created the Gill Foundation in 1994, which is one of the largest LGBT-rights funding sources in the U.S. He also founded the Gill Action Fund in 2005 to support both Republican and Democratic pro-LGBT political candidates in local, state and national offices and to lobby for gay rights laws across the nation. Gil lives in Denver with his husband, Scott Miller.

Martina Navratilova: 1956. Billie Jean King called her “the greatest singles, doubles and mixed doubles player who’s ever lived.” During her career, she became the all-time record-holder of 31 Grand Slam women’s doubles titles, in addition to 18 Grand Slam singles titles and 10 Grand Slam mixed doubles titles. She reached the Wimbledon singles final twelve time, including nine consecutive years from 1982 through 1990. She also won the women’s singles title at Wimbledon a record 9 times, and with Kink won 20 Wimbledon titles, another all-time record.

In 1975, the Czechoslovakia native sought political asylum in the United States after Czech sports authorities decided that she had become “too Americanized.” She was stripped of her Czech citizenship when she defected. Naveratilova became a U.S. citizen in 1981. That same year, she came out publicly as a Lesbian, In 2008, her Czech citizenship was restored, although she has not renounced her American citizenship, nor does she plan to.

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?

Steve

October 18th, 2013

Bowers had far-reaching effects. Especially in the 9th Circuit several opinions were based on it that are still precedent (and are sometimes still cited despite being indirectly overturned by Lawrence). The general narrative is that because homosexuality is illegal, it can’t be a protected class.

Ben In Oakland

October 18th, 2013

“But Powell refused to consider his deciding vote all that important. “I thought it was a frivolous case. I still think it was a frivolous case.” He considered his decision as “one of little or no importance,” because, he said, no one had actually been prosecuted for homosexual conduct.”

Powell was far less than ingenuous in this matter. My own guess is the much later explanation: he didn’t know any gay people, and being a man of his generation, didn’t care. As I pointed out to him in a letter at the time: “Did you somehow miss the fact that someone had in fact been prosecuted under a sodomy law: Michael Bowers?”

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