Box Turtle Bulletin

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NOM’s filing was a mess

Last week the National Organization for Marriage sued in Federal court, claiming that they should not be subject to Rhode Island’s political expenditure disclosure laws. The court was not impressed (Boston Globe)

U.S. District Judge Mary Lisi said that the lawsuit from the National Organization for Marriage is disorganized, vague and poorly constructed. The judge said the relevant allegations were “buried” in the lawsuit.

Lisi dismissed the lawsuit, but said the group has the option to refile it by Wednesday.

Why am I not surprised.

ABC News: New Jersey Prosecuters Considering Hate Crime Charges

ABC’s Good Morning America is reporting that New Jersey prosecutors investigating Tyler Clementi’s suicide are considering adding hate crime charges against Dharun Ravi and Molly Wei, who have been charged with violating Tyler’s privacy after livestreaming video of Tyler’s sexual encounter with another male without his knowledge.

According to ABC News, New Jersey’s state law against “bias intimidation” makes it a criminal offense to invade someone’s privacy because of sexual orientation. The word “because” may be the sticking point. The publicly released information available so far can easily point to this crime being motivated by other factors. Motivations of personal animus toward Tyler fit the evidence just as easily. So does the motivation to simply pull an idiotic and appalling “prank.”

Either way, invasions of privacy are felony offenses. While references to Tyler’s sexuality appear on tweets that Ravi posted to his Twitter account, none of them use anti-gay epithets or indicate overt hostility toward Tyler’s sexuality — at least what we know so far of Ravi’s postings so far. Demonstrating that Tyler was singled out specifically because of his sexuality in a court of law may prove difficult, unless prosecutors have found further evidence that they haven’t made public yet.

Tiwonge Chimbalanga May Immigrate To Canada

The Maravi Post of Malawi is reporting that Tiwonge Chimbalanga, who had been arrested, convicted, sentenced to fourteen years’ imprisonment and later pardoned of the crime of “gross indecency” following a same-sex marriage engagement to Steven Monjeza, may be preparing to move to Canada:

“Yes, Tiwonge will be going to Canada to settle,” Maxwell Manda, a cousin of Tiwonge Chimbalanga’s, told Maravipost.com in an exclusive interview Thursday. “He is just finalising travel documents.”

Manda said Chimbalanga, or Aunt Tiwo, who currently ekes out a living by doing odd jobs, will find a career in his adopted country.

“Some people will host him for some three years then after that he will find what to do,” he said. “We have advised him not to mess this opportunity.”

According to Gift Tapence of the Centre for the Development of People, Tiwonge’s passport is ready. A visa from Canada is expected next week.

Tiwonge and Steven broke up following their release from prison. Sadly, Monjeza’s life has spiraled downhill since then. Last week, Monjeza was given a one year suspended sentence for stealing a mobile phone.

Another Student Suicide?

Campus Pride issued a press release announcing a possible fourth suicide of an LGBT student. The latest case involves Raymond Chase, a Johnson & Wales University student in Providence, Rhode Island. He had reportedly hung himself in his dorm room on Wednesday, Sept 29.

I would urge caution in jumping to conclusions about what may have led to Raymond’s suicide at this time. Campus Pride says, “The suicide of this openly gay young man is for reasons currently unknown,” but urges action be taken to address youth bullying and harassment.

Michigan Assistant AG Takes Leave Of Absence Amid Cyber-Stalking Controversy

Andrew Shirvell

Michigan Assistant Attorney General Andrew Shirvell has taken an indefinite personal leave of absence from his job amid national controversy over his cyber-stalking blog dedicated to attacking a University of Michigan student. A spokesman for Attorney General Mike Cox, who has defended Shirvell’s continued employment with the AG’s office, said that Shirvell will be subject to a disciplinary hearing after he returns to work.

Meanwhile, Shirvell’s blog, Chris Armstrong Watch, which cyber-stalks the openly gay president of University of Michigan’s student government, is now locked and is available by invitation only. Past posts however are still available on Google’s cache.

Several of Shirvell’s posts appear to indicate that his stalking activities go beyond cyber-stalking, and appear to take on aspects of actual physical stalking. Shirvell has been spotted “protesting” in front of Armstrong’s home, crashing a house party that Armstrong hosted, and following Armstrong’s friends around campus. UM’s campus police confirm that Shirvell has been banned from campus beginning Sept 14, and is being investigated for “harassing or stalking” Armstrong.

Armstrong is seeking a restraining order against Shirvell. That hearing will be held on October 4. In Armstrong’s application for a restraining order, he makes clear that he is now in fear for his safety: (PDF: 5 pages 3.3MB)

“The actions that Mr. Shirvell has taken against me over the past 4 months have been incredibly distressing. If it were University of Michigan students or administrators who were taking these actions it would be a very different conversation since my position is to serve the currently enrolled University of Michigan students. However, since he isn’t a student his actions are concerning and make me feel unsure about my own safety.”

The ever klassy Maggie Gallagher

In the worldview of the National Organization for Marriage’s Maggie Gallagher, those who side with equality do not do so out of principle or a sense of decency or even from the clear “any person” language of the Constitution. Nope. Those who disagree with Maggie have ulterior motives.

Here’s how Maggie intuited the reasons for Judge Walker’s announced retirement from the court

Kathryn, I didn’t expect it either, but it kind of explains a lot, doesn’t it? How could Judge Walker exhibit such gross bias and deliver such an injudicious opinion? The answer appears to be, in part, that it was his swan song. He’ll leave the bench famous, a hero in his hometown, and a hot commodity in whatever private venture he moves into.

Oh she’s a klassy act, that Maggie. Klassy as hot pink stretch pants at a funeral.

Chambliss responds honorably

Sen. Saxby Chambliss (R-GA) is not an ally of our community. In fact, he would be better characterized as a reliable vote against fairness and equality. But he also seems to be a man of honorable personal character.

When a hateful slur was posted on Joe Jervis’ JoeMyGod site, Chambliss acknowledged that it came from his office and turned the matter over to the Senate Sergeant-at-Arms. Now the investigation is concluded and Chambliss has released the following statement:

“The office of the Senate Sergeant at Arms has concluded its investigation, and I responded to that report immediately with the removal of a member of my staff,” Chambliss said in his statement today.

“I have called Mr. Jervis, the blog’s author, and apologized to him personally, and I am sorry for the hurt this incident has caused,” he said. “Regardless of one’s position on issues and policies, such comments are simply unacceptable, are not befitting those who work in the U.S. Senate, and I will not tolerate them from my staff.”

His personal call to Jervis was dignified and went something like this (not a direct quote)

Joe, I don’t know if you’re Republican or Democrat, liberal or conservative, but none of that should matter. Because what was said on your blog by someone from my office is just not acceptable, no matter who is saying it and who it’s being said to. I just want to offer my sincerest apologies.

In this age of no-holds-barred Culture War when destroying “your enemy” seems to be of greater importance than whatever you’re fighting over, it is a pleasant relief when a US Senator behaves respectably. I’ve not gained any new respect for Chambliss’ policy positions on social issues, but I do have greater respect for the man.

Body Pulled From Hudson Identified As Tyler Clementi

The New York Medical Examiner’s office has confirmed that a body that was pulled from the Hudson River above the George Washington Bridge is that of Tyler Clementi:

Ellen Borakove, a spokeswoman for the New York City Medical Examiner’s office, said the death was ruled a suicide, with the cause listed as drowning, with blunt impact injuries.

Tyler, an eitheen-year-old Rutgers freshman, jumped off the George Washington Bridge after his sexual encounter with another male student was livestreamed on the Internet without his knowledge by his roommate. Police have charged the roommate, Dharan Ravi, and another freshman, Molly Wei with several counts of violating Tyler’s privacy. They face up to five years’ imprisonment for each count.

NOM’s “Valores” tour draws protesters

Yesterday, the National Organization for Marriage’s “Vota Tus Valores” bus tour to drum up Hispanic vote for Carly Fiorina finally drew a crowd. Of protesters.

We already discussed their first stop for some Jelly Belly goodness. So we’ll pick up from there (Courage Campaign)

Day 3, Stop 2: Napa

In Napa, 32 counter-protesters greeted the Vota Bus tour with chants of “more jobs, more jobs.”

The face of the tour, Alfonso, was uncertain what to do when faced with a sea (or at least a pond) of Barbara Boxer signs and nary a single Carly Fiorina supporter. But, just for his info, trying to lecture or out-shout protesters just isn’t a very effective use of time. And no one sounds good with such zingers as “If you’re sick of killing babies, you better vote for Carly.”

Day 3, Non-Stop 3: Concord
Day 3, Non-Stop 4: Alameda

Rather than make the two scheduled stops, the Valores tour stopped for lunch and tequila shots. Which is probably just as well as this is what was waiting for them at the scheduled Alameda stop.

Day 3, Stop 5: San Jose

In East San Jose the Carly bus did not go over well.

Napa may have been the first stop where an organized oppositional counter-protest came out to greet the Vota Bus, but East San Jose was clearly the most vocal. When we arrived there were approximately 34 counter-protesters, mostly Latino.

Day 3, Stop 6: San Mateo

While San Jose’s protest was predominantly a Latino objection to Carly Fiorina, in San Mateo the protest was led by those supporting gay equality.

In San Mateo, the Vota Bus was met by 14 equality counter-protesters from organizations like PFLAG and Marriage Equality USA. Tour organizers made marginal attempts to engage about 4 people who were sitting in the local park and two of the volunteer organizers attempted to have a civil discourse with two of the equality supporters.

You have to wonder what Fiorina’s camp was thinking. This is a three-fer, not only does this tour annoy the Boxer supporters, but it also challenges the established Latino political machine and the gay supporters. Any other combination and they might have raised no attention at all, but this message coupled with this partnership was almost guaranteed to result in negative press.

And portraying yourself as a social conservative extremist is not a good idea in California. When we elect Republicans, we want them to be of the moderate variety. There hasn’t been a socially conservative Republican elected to Governor or Senator since George Deukmejian was re-elected in 1986.

Asher Brown’s School District To Hold Candidate Forum Oct 19

A reader sent me this via email:

Jim, you may be aware that on Oct. 19 the Cypress-Fairbanks ISD is holding a candidate’s forum for the people running for their Board of Trustees?  I live too far away to attend, but someone should be there to ask the candidates some questions.  Do you know of any plans?

I wasn’t aware, but I am now. School Board Trustees are the ones who set policy and are ultimately responsible for the actions of the school district. In Cy-Fair’s case, the district had been ignoring what now appears to be a long-running problem with bullying, long before thirteen-year-old Asher Brown took his life earlier this week. School officials claimed not to know anything about Asher’s tormentors. Now they are trying to shift the blame for Asher’s death to his parents.

It might be a good thing to clear out the entire Board of Trustees in November, but it only makes sense to do so if those who are running against the incumbents are actually any better. This candidates’ forumwould be an excellent time to ask some very hard questions. Mark your calendars for Tuesday, Oct. 19 from 7 to 9 p.m., in the Board Room of the Instructional Support Center (10300 Jones Road). The forum will also be posted on the web the following day.

Michigan AG Defends Employee’s Cyber-bullying

Michigan Attorney General Mike Cox says state Assistant AG Andrew Shirvell is only expressing his opinions, which has nothing to do with his job defending crime victims — including, presumably, victims of cyber-bullying:

Campus Pride has re-issued its 2010 survey of American college students, which found that 33% of gay and 30% of transgender students, faculty, and staff have seriously considered leaving their institution due to the challenging anti-LGBT climate. Thirteen percent of gay students, faculty and staff and 43% of transgender students, faculty and staff fear for their own physical safety. A 2006 poll by Harris Interactive found that 43% of all teens regardless of sexual orientation have experienced cyber-bullying over the prior year. An Iowa State University study found that LGBT youth are hit especially hard by cyber-bullying.

But AG Cox sees nothing wrong with cyber-bullying this particular college student. After all, what could possibly go wrong?

Oh, by the way — Shirvell served as Cox’s campaign manager back in 2006.

Parade Commodore to 14-year-old Girl: “Go To A Country Where They Hang People Like You”

The reigning “Riverfest commodore” for a La Crosse, Wisconsin, annual festival reportedly shoved a 14-year-old girl who was carrying two rainbow flags just before a parade on Saturday.

According to the La Crosse Tribune, the girl was rollerblading and carring two gay pride flags as part of the Seven Rivers LGBT Resource Center’s float when the ugly encounter occurred:

Commodore Mark Schneider, who was on a float nearby, approached the girl and put his hands on the flagpole, [the LGBT center’s Executive Director Rosanne] St. Sauver said. St. Sauver walked over, placed her hands on the pole and told him, “Please stop, she’s a 14-year-old child.”

“He said, ‘I do not care. Look what you are teaching them,'” St. Sauver said.

That’s when, St. Sauver said, Schneider shoved the girl with his body.

St. Sauver said Schneider told the girl: “Go to a country where they will hang people like you.”

The incident left the teen crying, and others upset, St. Sauver said. This is the first year the center has participated in the parade.

Schneider denies shoving the teen or making offensive comments. Schneider claimed that his objections were to the alterations to one of the two flags. One of the flags’s design was based on the American flag with the red and white stripes substituted for rainbow stripes.

Schneider has been cited for disorderly conduct. He has since apologized for the confrontation. The Riverfest president, Mike Schieber, and the LGBT center president Kathryn Heitbrink have written a joint statement following a meeting yesterady evening:

Mark Schneider, Riverfest Commodore for 2010 offered his personal apology to Emily St. Sauver and others that might have been affected for events that happened that day. This apology was accepted with the understanding that both organizations will collaborate to promote La Crosse and the surrounding community as a safe place for all people, where all members of the community can be celebrated.”

With all the craziness we’ve seen over the past two weeks, it’s good to see at least one incident come to a satisfactory conclusion.

Tyler Clementi May Have Reached Out To Gay Website For Advice Before Committing Suicide

Tyler Clementi

Gawker has found some posts from a forum at justusboys.com (registration required) written by someone with the handle of “cit2mo,” who describes a situation remarkably similar to Tyler Clementi, the Rutgers freshman who committed suicide after his roommate surreptitiously videoed him having sex with another man and broadcasted it on the Internet. The emails are dated September 21 through the early morning of September 22, the day Tyler jumped off the George Washington Bridge.

In the first email on the morning of September 21, “cit2mo” writes:

so the other night I had a guy over. I talked to my roommate that afternoon and he had said it would be fine w/him. I checked his twitter today. he tweeted that I was using the room (which is obnoxious enough), AND that he went into somebody else’s room and remotely turned on his webcam and saw me makeing out with a guy. given the angle of the webcam I can be confident that that was all he could have seen.

A couple hours later, “cit2mo” comes back again:

and so I feel like it was “look at what a fag my roommate is”
–other people have commented on his profile with things like “how did you manage to go back in there?” are you okay?”

and the fact that the people he was with saw my making out with a guy as the scandal whereas i mean come on…he was SPYING ON ME….do they see nothing wrong with this?

In this post, “cit2mo” said that he decided to fill out a room change request form, but noted that changes were not guaranteed.  Later that evening “cit2mo” responds to a suggesting that the spying could be against school policy. “cit2mo confirms that he has found the policy and that anyone who violates it could be expelled. But he takes little comfort in that:

the only things is…there are too many ‘could’s ….the fact that he didn’t ACTUALLY record me (to my knowledge) and the fact that the shool really prolly won’t du much of anything…

“cit2mo” then says he will speak to his Residential Adviser. It appears at this time he hasn’t actually spoken to anyone at the university yet. A few hours later, “cit2mo” posts again:

so I wanted to have the guy over again.

I texted roomie around 7 asking for the room later tonight and he said it was fine.

when I got back to the room I instantly noticed he had turned the webcam toward my bed. And he had posted online again….saying….”anyone want a free show just video chat me tonight”…or something similar to that….

soooo after that…..

I ran to the nearest RA and set this thing in motion…..
we’ll see what happens……

I haven’t even seen my roommate since sunday when i was asking for the room the first time…and him doing it gain just set me off….so talking to him just didn’t seem like an option….

meanwhile I turned off and unplugged his computer, went crazt looking for the other hidden cams….and then had a great time.

All of this corresponds roughly to the tweets from Clementi’s roommate, Dharun Ravi, who with Molly Wei, have been arrested and charged with invasion of privacy.

“cit2mo’s” last post is early on the morning of September 22, after he had spoken to the RA:

he seemed to take it seriously…
he asked me to email him a written paragraph about what exactly happened…
I emailed it to him, and to two people above him….

That was early Wednesday morning. “cit2mo’s” posts seemed very calm and rational.  Tyler jumped off the George Washington Bridge at about 9:00 that evening. If “cit2mo” is Tyler — and it seems very likely — then that still leaves an almost fifteen hour gap where we don’t know what happened. Did he receive a message from the university that he interpreted as hopeless? Did the tauntings increase to an unbearable scale? I imagine police investigators will be looking into all of these possibilities and more.

Texas School Officials Suggest Parents To Blame for Asher Brown’s Suicide

After thirteen-year-old Asher Brown committed suicide after years of bullying at Hamilton Junior High in Cypress, Texas, school officials first claimed that they didn’t know Asher was being bullied. Asher’s parents however deny that. “That’s absolutely inaccurate — it’s completely false,” Amy Truong said. “I did not hallucinate phone calls to counselors and assistant principals. We have no reason to make this up. … It’s like they’re calling us liars.”

Now school officials are trying a new and far more loathsome and disgusting tactic:

In a statement released Wednesday afternoon, Cypress-Fairbanks ISD said the district’s counseling and psychological teams would be expanding crisis services for students at Hamilton.

“The district, together with the Hamilton community, is saddened by the death of Asher Brown,” the statement read. “A district administrative team is conducting a thorough and involved investigation into the allegations of bullying that have been made since the death of Asher Brown. Although the investigation is not completed, the initial findings indicate that Asher’s personal and family histories were very complicated.” [Emphasis mine]

Meanwhile seventeen-year-old student Jayron Martin has come forward again to remind everyone about the bullying he experienced in the very same school district just last November, when he was beaten with a metal pole. He suffered a concussion from those injuries. That attack occurred after Jayron reported that he had been threatened to two assistant principals, who did nothing to protect him.

How many red flags should administrators be allowed to ignore before they’re held criminally liable?