Box Turtle Bulletin

The Daily Agenda for Thursday, December 5

TODAY’S AGENDA:
Events This Weekend: Mad Bear, Madrid, Spain; Holly Folly, Provincetown, MA.

From a pamphlet printed in London in 1641 (Click to enlarge).

TODAY IN HISTORY:
Bishop John Atherton Hanged for Buggery: 1640. The delicious irony was that the good bishop of Waterford and Lismore in the Church of Ireland was one of the loudest proponents for a new law making homosexuality a capital crime. He then became the second person to be hanged under that statute. His his steward, tithe proctor and cohort, John Chidle, was also condemned to death.

The original trial records were destroyed in the civil wars that followed the downfall of King Charles I, so virtually everything we know about the case comes from public pamphlets which were the equivalent of our tabloid press. Historians harbor some doubt as to whether Atherton was really guilty. In addition to being a bishop, Atherton was also a lawyer who apparently had some success in winning back some of the church’s lands from Irish landlords, an act for which he undoubtedly collected a number of powerful enemies. Puritans, who were also active in trying to abolish the office of bishops in the Church of England, are also believed to have played a hand in his downfall.

We may never know the true story of Atherton’s sexuality. But his death remains a warning to all nations who would impose severe criminal sanctions on homosexual relationships. As long as draconian penalties exist, the temptation will be great for blackmailers and political opponents to lobb accusations against their targets. And under those circumstances, nobody will be safe regardless of their actual sexuality.

Massachusetts Bay Court Sentences Woman for “Unseemly Practices”: 1642. The Essex County Court in Salem recorded the following: “Elizabeth Johnson, servant to Mr. Jos. Yonge, to be severely whipped and find 5 li. (pounds) for unseemly practices betwixt her and another maid; for stubbornness to her mistress answering rudely and unmannerly, and also for stopping her ears with her hands when the Word of God was read…” This brief mention is believed to be the first recorded legal prosecution of same-sex relations between women in North America.

Berkeley Becomes First City To Approve Domestic Partner Benefits for City Employees: 1984. Six years earlier, Berkeley joined a growing number of cities and counties which had established a non-discrimination ordinance on the basis of sexual orientation. But when Tom Brougham began working for the city in 1979, he found that he couldn’t sign his partner up for health and dental benefits. They were only available to married spouses of city employees, and marriage was available only to heterosexual couples. Brougham proposed a new category for same-sex couples, which he called a “domestic partnership,” which initially had three requirements: 1) That, aside from being a same-sex couple, the partners would be otherwise meet all the other qualifications for marriage; 2), that they live together in the same residence; and 3) they were the sole domestic partners for each other. Over the next few years, two more qualificaitons were added: a requirement of mutual financial responsibility and both partners must be at least eighteen years old and able to enter a legal contract.

Brougham and his partner, Barry Warren, spent the next two years working with local unions and the University of California at Berkely to lobby the city council, but that effort proved unsuccessful. But in 1982, San Francisco Supervisor Harry Britt noticed the proposal from across the bay and decided to try to push through a similar measure in San Francisco. The Board of Supervisors approved what proved to be a fiercely controversial proposal, only to see it vetoed by mayor Diane Feinstein in December of that year.

Brougham, Warren and the East Bay Lesbian/Gay Democratic Club then decided to step back and put together a methodical program to educate the East Bay community about domestic partnership benefits, organize a gay voting block in the city, and elect candidates who would support the proposal. In July of 1984, the city council was prepared to adopt the policy in principle, but they balked at the feared increases in health coverage costs. But the issue didn’t die there. During the November city council race, an approximation of marriage benefits for same-sex couples became a winning electoral issue when all those who had voted against implementing domestic partnerships were defeated. The following month, the new city council approved the measure, making the city the first in the nation to provide spousal benefits to same-sex partners of city employees.

[Source: Leland Traiman. “A Brief History of Domestic Partnerships.” The Gay and Lesbian Review Worldwide 15, no. 4 (July-August 2008): 23-24.]

TODAY’S BIRTHDAY:
Larry Kert: 1930-1991. The Hollywood High School graduate was only twenty when he joined a Broadway troupe for 1950 revue Tickets, Please! as his first professional credit. He then spent the next seen years working off-Broadway as a dancer. While dancing in the chorus for Sammy Davis, Jr., his friend and fellow dancer Chita Rivera persuaded him to audition for West Side Story. He didn’t make the cut, but a few months later Stephen Sondheim asked him to audition for the part of Tony, the role that Kert would originate when West Side Story debuted in 1957.

Consider the show’s creating team, and you have what would have had to have been the gayest production on the Great White Way: composer Leonard Bernstein, lyricist Stephen Sondheim, director Jerome Robbins, librettist, Arthur Laurents. Kert remained with the production for the next three years, and he became so closely identified with West Side Story that he found trouble finding work elsewhere. Even when he was invited to appear on television, it was to sing “Maria.” And yet, he was disappointed to find that he wouldn’t get to play Tony for the 1961 film version. Kert had hoped that it would open the doors to a film career, but the film’s producers didn’t think the thirty-year-old Kert could play a teenager.

From there, Kert’s career was characterized by a few successes in a field of sometimes spectacular failures. He appeared in the 1962 musical comedy A Family Affair, which ran for only 65 performances. The disastrous musical adaptation of Truman Capote’s Breakfast at Tiffany’s (1966) closed during previews. In 1968, Kert took over the role of Cliff in Cabaret and stayed with if for a year, but his next venture, 1969’s La Strada, closed on opening night. Kert then took over the lead role in Stephen Sondheim’s Company shortly after it opened on Broadway. Critics raved, and Kert became the first and only replacement actor to receive a Tony nomination.

Kert’s career continued more or less like that through the rest of the 1970s and 1980s. While the uneven successes may have frustrated other actors, Kert was known for his upbeat attitude, whether he was performing on Broadway or in regional theater. “I love roller coasters, and I’ve been on one all my life,” he told one interviewer in 1988 while part of a touring company of La Cage of Folles. His last public performance was at the Rainbow and Stars Cabaret, where he joined his West Side Story co-star Carol Lawrence in reprising the musical’s popular numbers. He died eight months later, in 1991, of AIDS at the age of sixty. He was survived by his partner, Ron Pullen.

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As always, please consider this your open thread for the day.