Box Turtle Bulletin

International Marriage Update

Several nations are competing to become the eighth to offer full civil marriage recognition to same sex couples. It is likely that at least three, possibly four, will change their laws by summer.

Portugal – The parliament has now finalized the language of the bill and around the first of the month sent it to President Cavaco Silva. Silva is a member of the PSD party and has spoken in the past in opposition to same-sex marriage recognition. It is uncertain what he will do.

Silva has four choices. He can sign the bill, send it to the Supreme Court within 8 days, or refuse to sign it and return it to Parliament within 20 days (a form of veto). Prime Minister José Sócrates has stated that he has the requisite two-thirds vote to overturn a Presidential veto.

Nepal – This Asian nation is scheduled to implement a new constitution by May 28, 2010. This new constitution is reported to have marriage equality provisions. Nepal has been capitalizing on this change in hopes of increasing tourism.

Luxembourg – This tiny duchy has had civil partnership laws since 2004. However, at the end of January, Minister of Justice François Biltgen announced that the nation would legalize civil gay marriage before Parliament’s summer break. Gay couples will not be allowed to adopt.

Iceland – This vast island with its hardy but tiny population has had registered partnerships since 1996. The current government, helmed by lesbian Prime Minister Jóhanna Sigurðardóttir, is committed to changing the law to enact marriage equality. Although no time line is currently reported, as of 18 November 2009, the Minister of Justice and Human Rights confirmed that the government was working on such an act.

This is not likely to be a highly controversial issue in Iceland. Only one lawmaker voted against the 1996 partnerships and the 2006 upgrade was passed unanimously.

Argentina – There have now been two legal same-sex marriages in that country opening up a precedent, if not exactly law. However, the current governmental leadership has indicated support for marriage equality and there are bills currently under consideration. Although movement forward was scheduled for last November, but parliamentary procedures were used to delay the decision until 2010. The two judicially authorized marriages may be seen as impetus for the legislature to enact marriage as a matter of legislation rather than concede to judicial mandate.

Cyprus – The Attorney-general’s office, Law Commissioner, Ombudswoman, and senior representatives of the relevant government ministries will meet this month to discuss whether the island off the coast of Turkey and Syria will adopt marriage equality.

To make the race even more uncertain, the European Court of Human Rights heard testimony last week from an Austrian couple suing for marriage rights. On Tuesday, the court determined that Poland could not treat a gay man and his partner differently than a married couple. It is expected to announce within the next few months whether European states can deny marriage to same-sex couples or whether civil unions, such as those adopted by Austria at the first of the year, were sufficient to protect equal rights.

So we see movement in Europe, Asia, and the Americas and at the most northern and most southern parts of the globe. And, of course, we may always be surprised by an unexpected nation taking this step, as well as determinations in the European . But, whichever moves first, it will certainly be a spring to remember.

UPDATE:

Slovenia – This eastern neighbor of Italy, and former portion of communist Yugoslavia, has already begun the process of changing their laws to allow for marriage equality. Their legislature voted yesterday to advance the bill.

Another Anti-Gay Lawmaker Outed

Roy Ashburn's booking photo from the Sacramento County Sheriff's Department.

California state Sen. Roy Ashburn (R-18), whose rural district surrounding Bakersfield represents the state’s heartland of social conservatism, is married, a father of four, and proud of his consistently anti-gay positions. He was also seen late last night at Faces, a gay bar in Sacramento, just before he was arrested for DUI. There was another man in the car with him at the time of his arrest. And for most of that — he hasn’t acknowledged his presence at Faces yet — he is deeply, deeply sorry.

KOVR Channel 13 in Sacramento is perhaps the only mainstream media (at least that I’ve found so far) reporting on the gay angle and tying it to the other man who was present in Ashburn’s car when Ashburn was arrested. I don’t know if it was intentional or not, but Democratic strategist Steve Mavigio said that Ashburn should “come out” and “apologize to his constituents and the people of California for what he’s done.”

Uganda’s Unfair Trade, Coming To Your Grocer’s Coffee Aisle

Coffee is a huge cash crop in Uganda, but most of it is grown on very small farms of less than 2 acres. And yet it somehow manages to support some 5 million people in that impoverished nation. Almost all of Uganda’s coffee goes to Europe, but that is starting to change. One U.S. company is working to bring Ugandan coffee into the U.S. while maintaining environmentally sensitive and financially responsible policies for impoverished, small-farm coffee growers in Uganda. According to Heifer International’s web site:

This coffee is a Social Responsibility Initiative promoted by the Uganda Coffee Development Authority (UCDA) and Coffee Legends, to preserve the farmer’s livelihood through Beyond Fair Trade practices, to encourage sustainable use of the environment (an initiative of Heifer International) and to build Ugandan farmer equity brands by remitting back to farmer groups in Uganda a percentage of the retail price of the coffee to support community and social projects of their choice.

According to Heifer International’s Facebook page, the coffee is becoming available at Sam’s Clubs as a discount organic gourmet coffee. And while the goals appear to be laudable, Karoli Ssemogerere, writing from New York for Uganda’s independent Daily Monitor, notes that buying Uganda coffee will not be an easy sell for well-informed American consumers:

So as the Bahati Bill [or the Anti-Homosexuality Bill] publicity starts to fade — in Uganda many big things have a short shelf life — the American press continues to highlight the Bahati Bill as detailed last week. It comes at a time when Sam’s Club is carrying a major first for Uganda; Uganda Mountain Coffee- a blend of three of Uganda’s best coffee(s): Bugisu AA, Okoros, and Drugars grown by farmers in Mbale, Nebbi and Kasese.

In America, we have two forms of governance: The common public sector dominated by government and elected officials and the private sector dominated by markets, private enterprise and social groups. The latter rules for the most part.

The American public first receptive to the experiment — the coffee is carried in 75 stores in more than 20 states — starts to point out that the coffee is from Uganda where the government (never mind it is a private Bill) promise execution or life in prison for private sexual conduct.

American retailers have a host of legal exposure they contend with everyday for business decisions they make. One of the rules of thumb is to drop merchandise that riles consumers and increases its exposure. For the farmers, this will be a tragedy. In Nebbi, a small farmer coop made a 64 per cent premium over the general market price by shipping coffee to Wal Mart. How can this be arrested?

How indeed.

Click here to see BTB’s complete coverage of recent anti-gay developments in Uganda.

Congratulations to Mexico City’s gay couples

I’m sure there is a word or phrase for the residents of Mexico City, but I don’t know what it is. So I’ll be expansive and say felicitaciones por su día de la boda to all Mexican gays. Today is the first day that same-sex couples can marry in that nation’s capital. (Beating out the US Capital by a week)

And the judges are ready (Americas Quarterly)

Seventy judges in the Federal District of Mexico underwent sensitivity training today at the Instituto Mexicano de Sexología in preparation for this Thursday, when same-sex marriage becomes legal in the district. According to the Judicial and Legal Services Council the workshops are intended to ensure that ceremonies are performed without “discrimination”.

State Department Investigating LGBT Treatment In Uganda and Throughout Africa

Last January, we reported that Sen. Ron Wyden (D-OR) wrote to Secretary of State Hillary Clinton and US Trade Representative Ron Kirk, asking them to “communicate immediately to the Ugandan government, and President Yoweri Museveni directly, that Uganda’s beneficiary status under AGOA (African Growth and Opportunity Act) will be revoked should the proposed legislation be enacted.” The legislation he’s referring to, of course, is the draconian Anti-Homosexuality Bill that is, as far as we are able to determine, awaiting its second reading before Parliament.

The State Department has now responded to Sen. Wyden’s request. In a letter dated Feb 22, 2010 and released by Sen. Wyden’s office, Assistant Secretary for Legislative Affairs Richard Verma responded that the department has “identified this issue as a priority in our bilateral relationship” with Uganda (PDF: 112KB/2 pages):

We have reached out at the highest levels; Secretary Clinton and Assistant Secretary for African Affairs Johnnie Carson have discussed our concerns directly with President Museveni. In addition, our embassy in Kampala has been in close and regular contact with key political, media and civil society actors on the ground in Uganda, registering strong opposition to the bill and warning the Ugandans of potential consequences if it passes. The ambassador reiterated our concerns with President Museveni as recently as January 25, and Under Secretary for Democracy and Global Affairs Maria Otero just visited Uganda on January 29. She met and offered support and encouragement to civil society groups opposed to the legislation and underscored our views to senior Ugandan officials. We are following this bill very closely.

In Museveni’s remarks urging Parliament to “go slow” on considering the draconian legislation, he cited a long conversation with Secretary Clinton in declaring that the bill was not just a domestic issue but also had foreign policy considerations.

Assistant Secretary Verma characterized Uganda’s proposed bill “a serious affront to internationally accepted human rights standards.” And interestingly, the State Department’s concerns aren’t limited to Uganda:

The State Department is also evaluating attitudes and laws that marginalize and criminalize and penalize the LGBT community in Africa more broadly.  We have asked all of our embassies in Africa to report on host country laws and pending legislation that criminalizes homosexuality.  In addition, our Bureau of Democracy, Human Rights and Labor has established a task force on LGBT issues to strategize a United States Government response to LBGT issues worldwide.

Peter LaBarbera Running For GOP Seat

Peter “Porno Pete” LaBarbera has announced via his “Republicans for Family Values” web site that he is running for the Republican State Central Committeeman for the 13 Congressional District of Illinois. And get this, he styles himself as a “fiscal and social conservative in the model of Illinois’ own Ronald Reagan.”

You know, the very same Ronald Reagan who opposed California’s Brigg’s Amendment. That’s the proposed amendment to California’s constitution that would have banned gay people from teaching in public schools. According to the Wikipedia entry, “Reagan issued an informal letter of opposition to the initiative, answered reporters’ questions about the initiative by saying he was against, and, a week before the election, wrote an editorial in the Los Angeles Herald-Examiner opposing it.

Whatever gripes many may have against Ronald Reagan — and there are many to be had — one thing is clear: Labarbara’s no Ronald Reagan.

Rep. Massa To Retire Amid Sexual Harrassment Allegations

Freshman congressman Eric Massa (D-NY) announced that announced Wednesday that he will not seek re-election in November, citing his battle with non-Hodgkin’s lymphoma and his doctors’ advice that he slow down. But Politico reports that while that may be one reason for Massa’s retirement, it may not be the only reason:

[S]everal House aides told POLITICO that the House ethics committee has been informed of allegations that the New York Democrat, who is married with two children, made unwanted advances toward a junior male staffer.

A more senior staffer — Ronald Hikel, Massa’s former deputy chief of staff and legislative director — took the complaints to the ethics committee and was interviewed about them twice. Hikel declined to comment about the situation, but House Majority Leader Steny Hoyer (D-Md.) confirmed that the Democratic leadership had been informed of the allegations before the news broke.

We don’t know the nature of the allegations. Sexual harassment can take many forms, and they may not necessarily be physical. “Inviting” someone to perform a sexual act as an expression of anger could conceivably fit the definition. And that’s the defense Massa is going with:

“Do I or have I ever used salty language when I’m angry, especially in the privacy of my inner office or even at home? Yes, I have, and I have apologized to those where it’s appropriate,” Massa said. “But those kinds of articles, unsubstantiated, without fact or backing, are a symptom of what’s wrong with this city.”

Nearly half of all Americans live where there is some recognition of same-sex couples

About 5.1% of Americans (15.5 million) live in areas in which same-sex marriages are legal and equal to opposite-sex marriages: Massachusetts, Connecticut, Iowa, Vermont, New Hampshire, and the District of Columbia.

Another 58.4 million (19.2%) live in states which have either civil unions or domestic partnerships that offer all the rights and protections of marriage without the name: California, New Jersey, Oregon, Nevada, and Washington. To that we can add two more states (New York and Maryland) in which the local state government will honor marriage occurring elsewhere and we have a total of 32.6% of Americans living with the rights and responsibilities of marriage available to their family.

There are also five states which recognize same-sex couples and offer them limited itemized rights. They are Hawaii, Colorado, Wisconsin, Maine, and Rhode Island and they add an additional 14.2 million Americans (4.7%).

But recognition does not stop there. There are dozens more counties and cities who provide what local recognition and benefits as they can, adding another 14.2 million local residents (4.7% of Americans) who can appreciate that their city officials see them as a couple. Local municipalities include the populations of Salt Lake City, UT; Phoeniz AZ; Tuscon AZ; Duluth, MN; Minneapolis, MN; St. Paul, MN; Lawrence, KS; Columbia, MO; Kansas City, MO; St. Lewis, MO; Ann Arbor, MI; Cook County, IL (Chicago); Urbana, IL; Cleveland, OH; Cleveland Heights, OH; Toledo, OH; Philadelphia, PA; Pittsburgh, PA; Harrisburg, PA; El Paso, TX; Travis County, TX (Austin); Eureka Springs, AK; New Orleans, LA; Carrboro, NC; Chapel Hill, NC; Clarke County, GA (Athens); Fulton County, GA (Atlanta); Broward County, FL (Fort Lauderdale); Key West, FL; Miami-Dade County, FL; and West Palm Beach, FL.

In total about 140 million Americans – about 46% of the nation’s population – live where there is some form of official notice of same-sex couples. So NOM can proclaim “victory” when they have an election in California or Maine, but this ball is rolling and the momentum is in the direction of recognition.

Lieberman introduces a bill to repeal DADT

Senator Joseph Lieberman, a formerly Democrat and currently Independent Senator from Connecticut, has introduced a senate bill which would “replace the current policy concerning homosexuality in the Armed Forces, referred to as ”Don’t Ask, Don’t Tell”, with a policy of nondiscrimination on the basis of sexual orientation.”

Specifically, it would repeal Section 654 of title 10 (“unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion”) and subsections (b), (c), and (d) of section 571 of the National Defense Authorization Act for Fiscal Year 1994 (Don’t Ask, Don’t Tell).

Instead, this bill would:

• create Section 656 would be created which would ban discrimination based on sexual orientation
• authorize a Pentagon Working Group which would have nine months to recommend implementation of the new policy, after which the Secretary of Defense would have two months to revise regulations
• require the Secretary of Defense to report back in six months as to whether universities are allowing or welcoming ROTC onto their campus (some had banned or discouraged them due to discrimination policies)

Co-signing with Lieberman were:

Carl Levin (D-MI)
Mark Udall (D-CO)
Kirsten Gillibrand (D-NY)
Roland Burris (D-IL)
Jeff Bingaman (D-NM)
Barbara Boxer (D-CA)
Ron Wyden (D-OR)
Patrick Leahy (D-VT)
Arlen Specter (D-PA)
Jeff Merkley (D-OR)
Dianne Feinstein (D-CA)
Al Franken (D-MN)

Argentina’s second same-sex marriage takes place in Buenos Aires

As predicted, Argentina’s second same-sex marriage has taken place in Buenos Aires. And this time all went well. (AFP)

Damian Bernath and Jorge Salazar “married on Wednesday at a Civil Registry office, and decided to do it completely privately,” said Maria Rachid, who leads the Argentine Federation of Gays, Lesbians, Bisexuals and Transgendered.

It’s quite some week for marriage at capital cities in the Americas.

Don Wildmon Steps Down From AFA

According to a press release from the American Family Association, Donald Wildmon, the AFA’s chairman has resigned due to an illness. From August to November of last year, Wildmon battled St. Louis encephalitis from a mosquito bite. He also underwent surgery for cancer on his left eye. His son, Tim Wildmon, is expected to take over as head of the AFA.

The elder Wildmon will continue to work at AFA, but according to the press release he “will not have a leadership role.” His son has had a prominent role at the AFA for quite some time, and with his father’s presence still around, I wouldn’t expect too many changes.

Reuters: Uganda’s Anti-Gay Bill Hinders Investments

From Ed Cropley, Reuter’s African Investment Correspondent:

Malawi and Zambia are set to win hundreds of millions of dollars in U.S. infrastructure grants in the next two years due to steady improvements in the way they are run, U.S. aid officials said on Tuesday.

Elsewhere, an anti-gay law being tabled in Uganda is likely to hamper the east African country’s progress from ‘threshold’ partner with the U.S. government’s Millennium Challenge Corporation (MCC) aid arm to fully-fledged grant-receiver.

… “How a government deals with its human rights situation is definitely an indicator that we think is important,” said Cassandra Butts, senior adviser to the MCC’s chief executive. “That will be something we will review and we will make a determination of our continued investment in Uganda,” she told reporters at an investment conference in South Africa.

The MCC has a budget of US$1.5 billion over the next five years, with only US$10 million earmarked for Uganda, which it sees as a “threshold” country partly due to its troublesome human rights record and rampant corruption. Neighboring Tanzania, in contrast, is a “compact” country with a five-year deal worth US$698 million.

However, Malawi will also be brought in is also seen as a “compact” country later this year, making it eligible for higher levels of development aid. That development comes despite an arrest of Steven Monjeza and Tiwonge Chimbalanga last December on charges of “gross indecency” following a traditional wedding ceremony. They are scheduled to be sentenced on March 22 following a show trial involving massive abuses. Meanwhile, Malawi authorities have arrested one LGBT advocate and are at last report conducting a witch hunt for LGBT citizens in that country.

Click here to see BTB’s complete coverage of recent anti-gay developments in Uganda.

Congratulations to our Nation’s Capital

Today the residents of the District of Columbia are free to pick up a marriage license to marry the person whom they love without regard to that person’s gender. The first marriage may occur as early as next Tuesday (after the waiting period).

Congratulations to Washingtonians on your newly acquired freedom.

UK: we’re going to the chapel (or synogogue)

From the Times:

The House of Lords voted to lift the ban on civil partnership ceremonies in churches and other religious premises last night.

Peers voted by 95 to 21 – a majority of 74 – to lift the ban which previously prevented gays and lesbians from getting “married” in such places.

This amendment, which only applies to churches that endorse same-sex ceremonies, lifts one of the last distinctions between civil partnerships and marriage. The commons has yet to approve the change but that is fairly certain.

Supreme Court says “yes” to DC Marriages

Opponents of marriage equality in the District of Columbia have been trying everything they could think of to stop marriage license from being issued to same-sex couples tomorrow. Unable to persuade city council members from choosing discrimination, they sought to get a congressional veto.

Recognizing that their congressional efforts were simply a clown show, they went to the courts and demanded that they be allowed to vote by initiative. After the District Courts all declined their demands, they made a last ditch appeal to the Supreme Court. (AHN)

Efforts by conservatives to overturn the law have continued. A group of conservatives including clerics Harry Jackson and James Silver filed papers Monday asking the Supreme Court to stay the law.

“The D.C. Council violated the congressionally authorized process for amending the D.C. Charter and, as a result, the citizens of the District are being denied the right to refer the act to the people,” the group said in its petition.

The D.C. Court of Appeals ruled against Jackson’s group last week. Jackson and Silver, members of a coalition of community leaders and pastors called Stand4MarriageDC.com, also tried to seek approval last year from the D.C. board of elections for a ballot initiative on whether marriage should be between persons of opposite sexes.

Today Chief Justice John Roberts declined placing a stay. (AP)

The Supreme Court has refused to stop the District of Columbia’s gay marriage law.

The court on Tuesday turned down requests from gay marriage opponents to stop the law, which will take effect on Wednesday.

This is good news for DC and Maryland residents.

But it may possibly also be good news for California gay couples and those around the nation. Were Justice Roberts an anti-marriage advocate, he may have been willing to lean towards granting the stay. It is, of course, far too soon and far to speculative to assume that this is a forerunner of his position on Perry v. Schwarzenegger, but it certainly weighs on the side of hope.