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‘Gay rights are human rights, and human rights are gay rights’
Obama sets new course for LGBT rights in U.S. foreign policy
In an historic policy speech delivered Tuesday, U.S. Secretary of State Hillary Clinton called for LGBT human rights protections around the globe.
Clinton outlined several steps the United States government will take to advance equal treatment of LGBT people under the law, and outlined in a Presidential memo that was released today by the White House.
“Today, I want to talk about the work we have left to do to protect one group of people who’s human rights are still denied in too many parts of the world today,” Clinton said.
“In many ways, they are an invisible minority. They are arrested, beaten, terrorized, even executed. Many are treated with contempt and violence by their fellow citizens while authorities empowered to protect them look the other way — or too often, even join in the abuse,” said Clinton.
“They are denied opportunities to work and learn, driven from their homes and countries and forced to suppress or deny who they are to protect themselves from harm. I am talking about gay, lesbian, bisexual and transgender people: human beings born free and given, bestowed equality and dignity who have a right to claim that, which is now one of the remaining human rights challenges of our time.”
Notably, Clinton also acknowledged the shortcomings of the United States, and said that LGBT people still remain vulnerable under U.S. state and federal laws.
Watch the full 30-minute speech here
Appeals court signals judge’s sexuality likely a non-issue in Prop 8 case
The three-person panel for the U.S. 9th Circuit Court of Appeals in San Francisco also indicated during a two-hour hearing that they would not release the videotapes of the2010 trial over the ban, known as Proposition 8. The tapes have been under seal since the end of the proceedings.
The appellate court judges first heard arguments in the case last December on whether now-retired U.S. District Court Judge Vaughn Walker was correct in determining that the ban was unconstitutional. But they had delayed their ruling in the matter so that California’s Supreme Court could issue guidance on whether the initiative backers could bring forth their appeal. [The state court recently ruled that they could defend the measure before the federal courts since California's governor and district attorney have refused to do so.]
Following that hearing last December, Walker acknowledged for the first time that he is in fact gay and has been with his current partner for 10 years. The San Francisco Chronicle had outed Walker prior to his issuing his decision in the case, but Walker did not publicly acknowledge his sexual orientation while he remained on the bench.
Based on Walker’s disclosure in an interview with a number of reporters, Prop 8′s backers sought to vacate Walker’s judgment on the grounds he should have recused himself from presiding over the Prop 8 case. They contend that he would personally benefit should the courts uphold his ruling because he would then be able to marry his partner.
“The law requires any and all facts known to the judge that are relevant to disqualification must be disclosed,” Charles Cooper, an attorney for Prop 8′s backers, told the appellate justices during the December 8 hearing.
In this instance, Copper said, “if Walker desired to marry his partner, then he stands in the same shoes as the plaintiffs before him.”
In this case the plaintiffs are two same-sex couples who want to marry but cannot due to the passage of Prop 8 by California voters in 2008.
Cooper later said if Walker’s decision is upheld and he does indeed marry his partner, it would be “the single darkest day in American jurisprudence.”
Circuit Judge Stephen Reinhardt of Los Angeles retorted, “Let’s hope however it comes out, it won’t be a dark day.”
Hawkins early on interrupted Cooper to ask, based on his reasoning, if a “married judge could never hear a divorce case?”
Cooper replied that he didn’t “see the difficulty with that.”
And Smith repeatedly questioned Cooper what evidence there is to suggest that Walker wanted to get married.
“Do we have anything in this record to show that is what he desired to do? You all talk about ‘if.’ But I don’t find anything to show he did,” said Smith.
Smith said he was inclined to agree with current District Court Judge James Ware, who reviewed the matter and found no reason why Walker should not have heard the case.
Reinhardt questioned how far a gay judge would need to go in disclosing their interest or disinterest in getting married. He also asked if the standard for recusal would differ if the judge were gay and single.
“A gay or lesbian judge that desires to marry has an obvious interest in the outcome of the case,” said Cooper.
David Boies, an attorney for the plaintiff couples, argued that the only reason Walker would need to recuse himself was if he had a personal relationship to anyone involved in the case. Whether he wanted to marry or not is of no concern, said Boies.
“The mere fact a judge may benefit from a favorable ruling is not sufficient to recuse,” he argued.
Should the court determine that Walker should have not heard the case because he is gay and might marry someday, Boies said that would create a “pernicious effect” and “an intolerable double standard for minority judges.”
The justices have combined the two appeals on the recusal question and the merits of Walker’s decision. They are expected to issue their ruling on both matters sometime in early 2012.
No matter how they decide, the case is expected to be heard by the U.S. Supreme Court, which could occur as soon as next fall.
Tapes likely to remain sealed
They likely will issue their decision on whether to release the trial videotapes at the same time.
A number of media outlets, as well as the lawyers for the plaintiffs, have sought the release of the trial tapes in order for them to be publicly broadcast. They argue that the transcript and taped depositions in the case are already public record and there is no legitimate reason not to keep the videotapes under seal.
Attorney Theodore Olson argued that the videotapes are merely the written transcript “with video and sound.”
Backers of the anti-gay ban have argued that allowing the public to see the taped trial would result in intimidation and harassment of their witnesses. And they also stressed that Walker had said that “the potential for broadcast had been eliminated” when he entered the tapes into the trial record.
Because of the judge’s assertions no one would see the tapes, the lawyers for Prop 8′s backers told the appellate justices they saw no reason not to believe Walker.
“A grave injury will have been done to the federal judiciary process,” said attorney David Thompson, if a judge’s word is not honored.
It was an argument that seemed to strike a chord with the federal judges.
“There is a compelling case that the word of the court is supposed to mean something,” said Reinhardt.
R.I.P Ed Watson; He Died Waiting to Get Married
A heartbreaking story
Ed Watson (left) and Derence Kernek.
On August 4th, 2010, Judge Vaughn Walker ruled that Proposition 8 was unconstitutional as it denied gays and lesbians due process and equal protection under the law.
As Walker had not disclosed that he was gay and in a relationship at the time, Prop 8 supporters filed a motion to dismiss his decision as he would stand to benefit from it. Of course their argument fails to recognize that according to their anti-gay claims – any heterosexual judge would stand to benefit from a decision in their favor.
That argument failed in a lower court and today’s hearings before the 9th circuit were in regards to the anti-gay side’s appeal of that decision.
On the eve of these arguments, Ed passed away due to complications from his quickly-advancing Alzheimer’s and Diabetes. They were never married.
On top of that, because of the inequality in the law, and the couple’s inability to marry, Watson had been denied coverage under Kernek’s retirement plan (as any heterosexual couple would be entitled to). This caused incredible financial hardships.
R.I.P.
Ed
NBA adds ‘sexual orientation’ to non-discrimination policy
“I am pleased to announce that we have concluded the collective bargaining process and have reached an agreement that addresses many significant issues that were challenges to our league,” said NBA Commissioner David Stern.
“This collective bargaining agreement will help us move toward a better business model, a more competitive league and better alignment between compensation and performance.”
The move was immediately hailed by the nation’s largest LGBT advocacy groups:
“The NBA now joins leading Fortune 500 companies and the vast majority of Americans who believe that gay people should have the same opportunities to work and live freely as who they are,” said Mike Thompson, Acting President of GLAAD, the Gay and Lesbian Alliance Against Defamation.
“This decision shows that homophobia has no place on the court or in the game and we hope that local, college and high school teams follow this important example.” Thompson said.
“The NBA now joins the ranks of some of the most influential organizations and corporations in the country, who all believe that equality and inclusion are integral to a successful workplace,” said HRC President Joe Solmonese. “We are grateful to Commissioner Stern, the NBA and the Players’ Association for sending such a powerful message to society that what matters is a person’s talent, not their sexual orientation.”
The move follows similar action by the National Football League and Major League Baseball, who both added sexual orientation to their non-discrimination policies earlier this year.
The NBA already had a similar non-discrimination policy in place for employees.
Duane Cramer in "OUT 100"
Cramer calls what he does "artivism" since he employs his talent to illustrate issues around, families, HIV/AIDS and adoption. Cramer's been living with HIV since 1996 and also lost his father from AIDS complications. "One of the reasons that I'm open about my HIV status is that mopst people don't really want to talk about it," Cramer says. "I should utilize my personal power to bring about change."
Bravo to him to learn more on Creamer skip on over to Fierce LGBTQ Blogger Rod McCollum at Rod.2.0
Nigeria Anti-Gay Marriage Bill Risks AIDS Funding
Though an oil-rich nation, Nigeria likely cannot afford to scorn foreign aid in the fight against HIV/AIDS, experts say. Nigeria has the continent's second highest number of people living with the disease, says the United Nations. More than 3 million people are infected with the disease and many do not know their status, according to U.N. estimates.
Gay sex has been banned in Nigeria, a nation of more than 160 million people, since colonial rule by the British. Gays and lesbians face open discrimination and abuse in a country divided by Christians and Muslims who almost uniformly oppose homosexuality. In the areas in Nigeria's north where Islamic Shariah law has been enforced for about a decade, gays and lesbians can face death by stoning.
Under the proposed law passed by Senate this week, couples who marry could face up to 14 years each in prison. Witnesses or anyone who helps couples marry could be sentenced to 10 years behind bars. The bill also punishes the "public show of same-sex amorous relationships directly or indirectly" with ten years in prison.
A newly added portion of the bill, leveling 10 years in prison for those found guilty of organizing, operating or supporting gay clubs, organizations and meetings, worries advocates in Nigeria. They fear the law could be used against groups providing aid for HIV and AIDS outreach programs that traditionally consider gay men as an at-risk group.
"We work with them trying to reduce their risk factors, trying to make them more healthy and have safer sex practices," said Meyiwa Ede of the donor-funded public health organization Society for Family Health. "If we can't work with them anymore, then they are vulnerable."
But lawmakers playing to the deeply religious nation's dislike of gays and lesbians have said donor nations who threaten to cut aid over the bill can keep their assistance, putting at risk the lives of people reliant on anti-retroviral drugs.
The U.S. and U.K. governments funnel huge sums of money into Nigeria for AIDS and HIV outreach. The U.S. government, under the United States' President Emergency Plan for AIDS Relief, has given an average of $308 million dollars a year to groups working in HIV prevention, treatment, and support, according to the U.S. Consulate in Lagos.
The U.K. government spends an average of $31 million dollars a year on HIV/AIDS programs in Nigeria, the Abuja office of the U.K.'s Department for International Development said.
Through local partners, the funding reaches heterosexuals, as well as gays and lesbians to combat the spread of HIV and AIDS. Heterosexual sex accounts for 80 percent of HIV transmissions in Nigeria, said the country's National Agency for the Control of AIDS in a recent report.
Statements from the U.S. and U.K. say both governments are watching the bill closely, but declined to comment further on how it may affect their outreach.
President Goodluck Jonathan promised the United Nations General Assembly in June that his administration was "committing to increase national ownership of HIV and AIDS responses" and to make those responses inclusive. However, six months later, little has changed in a country that makes no attempt to reach gay and lesbian communities.
Nigeria's Health Minister Onyebuchi Chukwu told AP that the bill outlawing gay groups would not affect state-funded HIV and AIDS programs if it were to become law. The health ministry has no programs specifically targeting these communities, said spokeswoman Rekia Zubairu.
Rights groups say the lawmakers' resolve to pass the bill reflects widespread homophobia in Nigeria, but it also shows their disconnect from working-class Nigerians, regardless of their sexual orientation.
"They have the resources to go abroad for treatment, with their big salaries, so they don't give a hoot about ordinary people," gay rights organizer Dorothy Akenova said. "The majority of Nigerians are the ones who will suffer for it."
The bill must still be passed by Nigeria's House of Representatives and signed by President Jonathan before becoming law.
Jacob Rogers, Tennessee Teen, Commits Suicide After Years Of Anti-Gay Bullying
As Nashville NBC affiliate WSMV is reporting, Jacob Rogers had been bullied at Cheatham County Central High School for the past four years, but at the start of his senior year, it had become so bad he dropped out of school. "He started coming home his senior year saying 'I don't want to go back. Everyone is so mean. They call me a faggot, they call me gay, a queer,'" friend Kaelynn Mooningham is quoted by MSNBC as saying.
Though Kaelynn says her friend repeatedly sought help from the school's guidance office, Cheatham County Schools Director Dr. Tim Webb said officials were only made aware of one incident. After the principal intervened, Jacob said things were getting better, Webb said. He also acknowledged a series of staff changes at the school could've had an impact in how the situation was addressed: "We have a new principal, a new assistant principal and at least one new guidance counselor out there...so it could've been they didn't have the knowledge of the history of what was going on."
Kaelynn disagrees: "It was different and it was worse, and they ignored him." She also noted Jacob's family may not have enough money for a funeral
A number of gay bloggers -- Andy Towle of Towleroad, Dan Savage's Slog and Joe.My.God's Joe Jervis--
REMEMBER STAND STRONG IN NUMBERS…UNITED WE MUST STAND!!!
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