Box Turtle Bulletin

Ugandan Tabloid Shut Down By Government

Letter from the Uganda Media Council to the editors of the Rolling Stone tabloid. (Click to enlarge)

We just received word that Uganda’s Media Council has shut down the tabloid Rolling Stone (no relation to the U.S. publication by the same name), made infamous for the publication of its “Hang Them” outing campaign last week.

The Media Council, in a letter to managing editor Giles Muhame, says “There is no formal complaint before the Council as yet.” But citing a complaint made directly to Rolling Stone and copied to the Council, the Council says that “it has come to our knowledge that you published in contravention of Section 5 of the Press and Journalist Act (CAP 105) which makes you criminally liable.” The letter concludes:

The Council therefore informs you that the requirements of the Law must be adhered to before you can publish a newspaper and orders you to stop publishing “The Rolling Stone” until all the requirements of the Law are completed or face the full force of the Law.

It is unclear at this time whether this direction is being taken because of the outing campaign in the Rolling Stone edition cited in the letter, or whether there are other areas of the law (i.e. incorporation, registration, etc) which the tabloid is not in compliance with.

A new edition of Rolling Stone failed to appear at newsstands in Kampala last weekend. It was rumored that a new issue would appear on Friday, but that now seems doubtful.

More Fallout from Paladino’s Anti-Gay Remarks

Fallout over Tea Party-backed Republican candidate for New York Governor Carl P. Paladino’s anti-gay remarks continue to roil the campaign. Last weekend, Paladino said that gay people were “perverts who seek to target our children and destroy their lives,” by “brainwash[ing them] into thinking that homosexuality is an equally valid or successful option.” After trying to excuse his remark — and following pointed distancing from fellow Republicans — he finally issued a letter of apology.

But that doesn’t seem to be doing much the close the issue. Yesterday, Paladino’s nephew, who Paladino pointed to as proof that he’s not anti-gay, told reporters that he was “very offended” by his uncle’s remarks and campaign staff say that he hasn’t shown up for work since last weekend’s remarks became public.

Meanwhile, Rabbi Yehuda Levin, who reportedly wrote the offending speech that Paladino delivered last weekend, blamed Paladino’s nephew for the apology. Levin is also withdrawing his support for Paladino:

“Mazel tov. We’ll have a coming out party. But when he came to me three days ago, he didn’t know that? I find this to be condescending,” said Levin, who is now withdrawing his support for Paladino.

The latest uproar has heightened scrutiny into Paladino’s dealings with the gay community. Yesterday, we learned that Paladino, who condemned Gay Pride parades because men wear “little Speedos and they grind against each other,” was the landlord for two gay nightclubs in Buffalo. This morning, there are allegations that Paladino’s son, William Paladino, ran Cobalt, one of the two gay bars. When the younger Paladino decided to convert the club into a straight bar, he fired every single gay bartender in the joint while retaining the three straight bartenders:

Ex-Cobalt bartender Kevin Van Wagner told The News the management unceremoniously “got rid of” the gay workers. “We were watched,” he remembered. “You could tell there was a vibe that they got rid of us and didn’t want us back.”

Christine O’Donnell Compares DADT Repeal to Adulterous Affairs

The Tea Party-backed Republican nominee for U.S. Senate from Delaware, Christine O’Donnell, appeared on a debate yesterday in which she expressed her opinion that the U.S. military is a law unto itself outside of civilian control, and that the courts have no role to play in enforcing the U.S. Constitution. She also said that repealing “Don’t Ask, Don’t Tell” would be like telling the military that they should endorse adulterous affairs among married personnel.

“A federal judge recently ruled that we have to overturn Don’t Ask Don’t Tell. There are a couple of things we need to say about that. First of all, judges should not be legislating from the bench. Second of all, it’s up to the military to set the policy that the military believes is in the best interest of unit cohesiveness and military readiness. The military already regulates personal behavior in that it doesn’t allow affairs to go on within your chain of command. It does not allow it you are married to have an adulterous affair within the military. So the military already regulates personal behavior because it feels that it is in the best interest of our military readiness. I don’t think that Congress should be forcing a social agenda on to our military. I think we should leave that to the military.”

Perez Hilton Swears Off Bullying and Outing

The September Suicides have heightened everyone’s awareness of the role that bullying and harassment has played in these tragedies. Some, like Focus On the Family and the Family “Research Council” have continued to oppose efforts to end anti-gay bullying and even shifted the blame for the suicides on the victims themselves.

But others are taking a more honorable route by looking at their own behavior to see if there’s anything they’re doing that is detrimental to the overall climate for gay people or anyone else who is different. Perez Hilton, who has been widely seen as something of a bully himself. He appeared on Ellen Degeneres’ program to say that the suicides has been “big wake-up call” call for him to turn over a new leaf.

Read the transcript after the jump

Justice Dept Expected To Appeal DADT Ruling, Defense Dept Still Enforcing Military Ban

The Washington Post says that the Justice Department is expected to appeal the ruling by U.S. District Court Judge Virginia A. Phillips declaring “Don’t Ask, Don’t Tell,” the military ban on gays serving openly, unconstitutional. The administration is expected to seek a stay in the broad injunction issued Tuesday which bars enforcement of DADT immediately and everywhere. I think the Post sums up the situation very well:

The effort to repeal the law barring gay men and lesbians from serving openly in the U.S. military is nearing a chaotic endgame involving fast-moving courts, a slow-moving military, a lame-duck Congress and an administration increasingly caught in the middle. When the dust settles by the end of the year, the military’s “don’t ask, don’t tell” policy could be history – or it could remain on the books, with a new right-leaning Congress disinclined to do anything about it.

If true, then it will make Senate Majority Leader Harry Reid’s obstinance and cynicism behind his maneuvers before bringing DADT’s repeal up for a vote last month even more unforgivable. Reid, of course, doesn’t shoulder the blame alone. Certainly the Obama Administration’s lack of leadership and, specifically, absence of any lobbying efforts to pass the repeal can’t be ignored.

And, of course, there are the forty Republicans and two Democrats who voted against a measure that more than three-fourths of the American public agree should be passed.

Meanwhile, Defense Secretary Robert M. Gates has forgotten once again that under the U.S. Constitution, the military is under civilian control and is not a law unto themselves. Gates claims that following the court order will have “enormous consequences” for the military. Among the “consequences”:

Gates said the Pentagon needs until Dec. 1 to resolve questions such as whether heterosexual troops would be required to share housing with gays and whether the military would be required to provide benefits for same-sex partners of service members.

No other nation that allows gays to serve openly in the military has seen a need to provide segregated housing, an odious suggestion if there ever was one. As for providing benefits for same-sex partners, unfortunately it looks like existing marriage law and military regulations already takes care of it. Same-sex partners would get all the benefits of any other unmarried partner.

t LGBT people are already serving in the military, with many servicemembers aware of LGBT people serving in their ranks. There is no evidence to suggest that their presence has had any sort of impact on unit cohesion.

Twenty one Senate Democrats have written to U.S. Attorney General Eric Holder, Jr., urging that he not appeal the court ruling. Despite the injunction, the Defense Department is still enforcing DADT:

With a briefcase full of commendations under his arm, Omar Lopez walked into an Austin, Tex., recruiting office Wednesday. Mr. Lopez, 29, had served nearly five years in the Navy. He was honorably discharged in 2006 for “homosexual admission,” according to documents he carried. He wanted to re-enlist.

But recruiters turned him away hastily, saying they had no knowledge of any injunction or any change in military policy.

The Ugandan Anti-Homosexuality Bill: One Year Later

It was exactly one year ago today that the draconian Anti-Homosexuality Bill was introduced before Uganda’s Parliament. The world was shocked to learn that this bill would include the death sentence for gay people under certain circumstances, jail friends and relatives who refuse to report gay people to police for up to three years, and outlaw all attempts at advocacy or providing services for or on behalf of gay people. The gay community in Ugandan has had it very hard since then. To remind us of what they have gone through and the threat that still exists, Sexual Minorities Uganda has issued the following press release that provides a good retrospective of the past year. I’ve taken the liberty of adding some hyperlinks selected from the hundreds of stories we’ve posted in the past year so you can learn more about each point.

FOR IMMEDIATE RELEASE
KAMPALA – UGANDA

One Year since the introduction of the Anti-Homosexuality Bill – 2009

On October 14, 2009 the draft Anti Homosexuality Bill was introduced to the Parliament of Uganda by Ndoorwa West MP David Bahati. Mr Bahati’s Anti-Homosexuality Bill stipulates the death penalty for repeated same-sex relations and life imprisonment for all other homosexual acts. A person in authority who fails to report an offender to the police within 24 hours will face 3 years in jail. Likewise, the promotion of homosexuality carries a sentence of 5 to 7 years in jail.

This Bill is an expression of prejudice, intolerance, discrimination and violence. The bill abuses the dignity, privacy and equality of people with a different sexual orientation and identity other than heterosexual. If passed into law, it will further legitimize public and private violence, harassment and torture.

It has promoted hate-speech in churches, schools and the media. It has led to defamation, blackmail, evictions, intimidation, arbitrary arrests and unlawful detention, physical assault, emotional and mental assault of LGBT activists, our families and allies.

The bill has further led to increased violence incited by local media, particularly The Red Pepper tabloid and recently launched Rolling Stone newspaper. The headline of the Rolling Stone viciously screamed “100 pictures of Ugandan’s top homos leak- Hang them” in their Vol. 1 No. 05 October 02-09, 2010. They published pictures, names, residences and other details of LGBT activists and allies.

“When my neighbors saw my picture in the paper, they were furious. They threw stones at me while I was in my house. I was so terrified somehow I managed to flee my home to safety.” said Stosh [Programme Coordinator- Kulhas Uganda]

“The sad truth is that most evil in Uganda is done by people who end up never being held accountable for their deeds. The Rolling Stone publication has incited violence against a group of minorities making them seem like less of HUMAN BEINGS” Gerald [Admin – SMUG].

The bill constitutes a violation of the right to freedom of privacy, association, assembly and security of the person as enshrined in Constitution of Uganda’s and International Human Rights Law.

The impact of such legal and social exclusion is being felt in the lives of LGBTI Ugandans. Sexual Minorities Uganda strongly condemns such laws and media witch-hunt of homosexuals.

We would like to acknowledge Human Rights institutions and activists, local, regional and international Civil Society, Development partners and friends around the world for the enormous support to the Uganda LGBTI community and request for your continued call to African governments to repeal the ‘sodomy laws’.

Contacts:
Frank Mugisha
fmugisha@sexualminoritiesuganda.org

Pepe Julian Onziema
jpepe@sexualminoritiesuganda.org

GOP Gubernatorial Candidate Apologizes for Anti-Gay Remarks

Tea Party-backed Republican candidate Carl P. Paladino, whose anti-gay remarks to Orthodox Jewish leaders sparked outcry in New York and embarrassment among fellow state Republicans, has finally issued a letter of apology for his outburst.

In remarks delivered to Orthodox Jewish rabbis, Paladino called gay people “perverts who seek to target our children and destroy their lives,” and said that gays were trying to “brainwash [them] into thinking that homosexuality is an equally valid or successful option.”

The following morning, Paladino appeared on ABC’s Good Morning America, where, incredibly, he tried to paint his remarks as being empathetic to LGBT people who experience discrimination. He also insisted that he was not anti-gay and would hire gay people in his administration.

Later, in Paladino’s letter of apology, he wrote, “I sincerely apologize for any comment that may have offended the Gay and Lesbian Community or their family members.” He also said that he was a “live and let live person,” and that “I am 100% against discrimination of any group. I oppose discrimination of any kind in housing, credit, insurance benefits or visitation.”

Elsewhere, Paladino has said that he would veto a marriage equality bill if it should reach his desk as governor and has called for a statewide referendum on the subject.

The most incredible admission in his letter is this:

Yesterday I was handed a script. I redacted some contents that were unacceptable. I did also say some things for which I should have chosen better words.

We know that one redacted content was the line, “There is nothing to be proud of in being a dysfunctional homosexual.” The Jewish Week reports that it was Rabbi Yehoda Levin who prepared the remarks. Which, if true, means that Paladino will mostly read whatever words anyone thrusts in front of him.

Meanwhile, the laws of unintended consequences continue to hold sway. In reaction to the backlash against Paladino’s comments, New York state Senate GOP leader Dean Skelos said that if the Republicans win control of the chamber, he would bring the marriage equality bill to the floor again for an up-or-down vote, although he remains opposed to the bill.

Also, the New York Daily News reports that Paladino has made quite a lot of money off of gay people as the landlord of a couple of Buffalo gay clubs.

Paladino’s letter of apology after the jump

Tenth “Wolf Pack” Suspect Arrested As Victim Describes Ordeal

One of the seventeen-year-old victims of the vicious “Wolf Pack” attacks has spoken about his ordeal to New York reporters on Monday. He told reporters at ABC7:

They put me in the middle of the chair. They asked me “are you gay?” I was like “nah”, They was like “you did this?” I said “yea.” “You did this with the gay guy?” I was like “yea.” That’s when they started hitting me. Like beating me up. I was there for like an hour.

…They said, “You a faggot or something?” What’s wrong with you? You crazy?

Surprisingly, the gang members told the victim, who had been a recruit into the gang, not to take the assault personally. They told him that he could still remain a member of the gang.

Meanwhile, a tenth suspect, José Dominguez, 22, was arrested yesterday. He will face charges of assault, unlawful imprisonment and aggravated assault, all as hate crimes.

Russian Court Rules St. Petersburg Must Allow Pride Marches

A court in St. Petersburg ruled this week that Russia’s second largest city cannot prohibit Gay Pride marches.

St. Petersburg city officials, like those in Moscow, had repeatedly banned Pride marches. When city officials refused to allow a march to go ahead last June, organizers took the city to court. The court ruling gave city officials until November 1st to change its direction and allow organizers to conduct a march.  City officials say they will comply with the order.

Moscow LGBT advocate Nikolai Alekseev said that they had already experienced one small victory in Moscow last week, when they held the first city-sanctioned gay rally with police protection following the firing of Moscow’s anti-gay mayor Yuri Luhzkov by Russian President Dmitry Medvedev. On Thursday, a Moscow Appeals Court is expected to hold a hearing on the ban on this year’s Moscow Pride, and the European Court of Human Rights is also expected to issue a ruling on the Moscow ban soon.

Florida Dept of Children and Families Won’t Appeal Gay Adoption Ban Ruling

George Sheldon, secretary of the Department of Children & Families, announced today that his agency will not appeal a recent ruling by the Third District Court of Appeal that declared the state’s ban on adoption by gay parents unconstitutional. Sheldon communicated his decision to state Attorney General Bill McCollum this morning.

It is unclear whether McCollum himself will exercise his authority to appeal the decsiion to the Florida Supreme Court. McCollum was responsible for hiring discredited “expert” George Rekers for more than $120,000 in his defense of the state adoption ban. Rekers was later photographed returning from a European vacation in the company of a companion hired through Rentboy.com. Rekers said he turned to Rentboy.com to find someone to “lift his luggage.”

Obama Administration appeals DOMA ruling

From NPR:

The U.S. Department of Justice on Tuesday defended the federal law defining marriage as between a man and a woman by appealing two rulings in Massachusetts by a judge who called the law unconstitutional for denying federal benefits to gay married couples.

In two separate cases, U.S. District Judge Joseph Tauro in July ruled the federal Defense of Marriage Act, known as DOMA, is unconstitutional because it interferes with a state’s right to define marriage and denies married gay couples an array of federal benefits given to heterosexual married couples, including the ability to file joint tax returns.

The notice of appeal filed Tuesday did not spell out any arguments in support of the law. The appeals eventually will be heard by the 1st U.S. Circuit Court of Appeals in Boston.

According to GLAD, briefs will be filed before First Circuit Court of Appeals probably between now and next spring, with oral arguments likely to be heard in the fall of 2011.

The Department of Justice had an obligation to defend the law. But there is no legal obligation to appeal the rulings of the court.

Fierce advocate in action.

Judge orders immediate end to DADT

Judge Phillips has responded positively to Log Cabin Republicans’ request for an immediate and worldwide injunction against the military’s anti-gay Don’t Ask, Don’t Tell policy (CNN):

A federal judge ordered Tuesday that the U.S. military stop enforcing the “don’t ask, don’t tell” policy.

Judge Virginia Phillips ordered the military “immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced” under the “don’t ask, don’t tell” policy.

Updates (Jim Burroway): Log Cabin Republicans, who brought the successful lawsuit to federal court, cautioned servicemembers against coming out at this time, since the Justice Department still has sixty days in which it can appeal.

White House press secretary Robert Gibbs told The Advocate that he didn’t know whether the Administration would seek a stay of the ruling. He also didn’t know if any steps had been made to bring the Pentagon into compliance with the injuinction. Instead, he said, “, nor did he know if any steps have been taken to bring the Pentagon into compliance with the injunction. Gibbs said, “The president will continue to work as hard as he can to change the law that he believes is fundamentally unfair.” It seems to me that Judge Phillips already took care of that task. 

Here is the full text of the injunction:

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
This action was tried by Judge Virginia A. Phillips without a jury on July 13-16 and 20-23, 2010. The Court filed a Memorandum Opinion on September 9, 2010 (Doc. 232), and an Amended & Final Memorandum Opinion, and Findings of Fact and Conclusions of Law, on October 8, 2010. For all the reasons set forth therein, the Court:

(1) DECLARES that the act known as “Don’t Ask, Don’t Tell” infringes the fundamental rights of United States servicemembers and prospective servicemembers and violates (a) the substantive due process rights guaranteed under the Fifth Amendment to the United States Constitution, and (b) the rights to freedom of speech and to petition the Government for redress of grievances guaranteed by the First Amendment to the United States Constitution.

(2) PERMANENTLY ENJOINS Defendants United States of America and the Secretary of Defense, their agents, servants, officers, employees, and attorneys, and all persons acting in participation or concert with them or under their direction or command, from enforcing or applying the “Don’t Ask, Don’t Tell” Act and implementing regulations, against any person under their jurisdiction or command;

(3) ORDERS Defendants United States of America and the Secretary of Defense immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced under the “Don’t Ask, Don’t Tell” Act, or pursuant to 10 U.S.C. § 654 or its implementing regulations, on or prior to the date of this Judgment.

(4) GRANTS Plaintiff Log Cabin Republicans’ request to apply for attorneys’ fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412; and

(5) GRANTS Plaintiff Log Cabin Republicans’ request to file a motion for costs of suit, to the extent allowed by law.

Belated good news from Hawaii

This is a few weeks old, but it’s important. (AP)

Hawaii Democrats have chosen former U.S. Rep. Neil Abercrombie in their bid to take back the governor’s office after eight years of Republican control.

Abercrombie defeated longtime political rival ex-Honolulu Mayor Mufi Hannemann in a bitterly contested campaign that focused on character and leadership experience.

Abercrombie will face Republican nominee Lt. Gov. James “Duke” Aiona in the November campaign to succeed GOP Gov. Linda Lingle in President Barack Obama’s birth state.

Polls have shown Abercrombie as a likely winner in the very Democratic state. His biggest threat was Hannemann, a Mormon, who campaigned on an anti-gay platform.

Hannemann’s supporters released an ad during the primary which criticized Abercrombie for supporting the civil unions bill which was vetoed by Republican Governor Linda Lingle, “In the battle of HB444, we learned the importance of electing people with our traditional Christian values.”

I think that it is likely that should Abercrombie be elected in November will open the way for the Hawaii state legislature to revisit their support of gay couples. And I think that this time they may opt for full marriage equality.

New York Republicans denounce Palidino’s anti-gay remarks

Earlier this week, Republican nominee for New York Governor, Carl Paladino, called gays “perverts” and said they “seek to target our children and destroy their lives.” While that sort of language may seem normal for Republicans in Oklahoma, New Yorkers are a different breed. (Boston Herald)

Former Mayor Rudy Giuliani Monday called on Paladino to apologize for his “highly offensive remarks.” Paladino’s opponent in the GOP primary, Rick Lazio, said the speech was “counterproductive and an embarrassment.”

Dan Donovan, the GOP candidate for attorney general, and Harry Wilson, the Republican running for comptroller, both issued statements denouncing Paladino’s comments.

Meanwhile Paladino thinks that he deserves an apology from the media for including a line that was in the draft but which he didn’t say. And he attempted to hide behind a gay nephew (which seems to be the latest trend in “some of my best friends are…”) (CBS)

“I want to clearly define myself. I have of no reservations about gay people at all, none, except for one thing, their desire to get married. … I feel that marriage is only between a man and a woman. Very clearly, I wanted to state that.

“Now, in addition, I have a nephew and … I have people working for me who are gay. Never had a problem with any of them, never had a problem in any sense with their lifestyle and we’ve talked about it often. … I talk to them about the discrimination that they suffer and I’m sensitive to it.

He went on to say that homosexuality was “not an easy life.”

“It’s a very, very difficult life. Most of them don’t choose it. … The discrimination that they suffer is very, very difficult and I’m totally sensitive to it.

No, Mr. Paladino, it’s not a “difficult life.” Or, at least, it wouldn’t be without the interference of individuals such as yourself.

Will DOJ respond today in appeal of DOMA?

By my counting, today is the day that the Department of Justice must file an appeal to the court ruling which found that portions of the Defense of Marriage Act to violate the US Constitution. If not challenged, this decision would allow residents of Massachusetts who are in a same-sex marriage to have federal recognition of their marriage.