Thursday, March 3, 2011

Via JMG: New Book: Germans Invented Gay Rights



According to a coming book by historian Robert Beachy, the genesis of the modern gay rights movement came in 19th century Germany.
Modern conceptions of homosexuality began, ironically, with an anti-sodomy law. When the German empire was unified in 1871, the Imperial Criminal Code included a law prohibiting sexual penetration of one man by another. Questions about what types of activity should fall under the law spurred a sustained public inquiry into the nature of same-sex eroticism and sexuality in general. [snip] This new view of same-sex love was pioneered by German doctors who published early case studies of homosexuals in the 1850s. German psychiatrist Richard von Krafft-Ebing released the first edition of his hugely influential Psychopathia Sexualis in 1886, which included multiple case studies of homosexuals that supported this new position. Through his work, Krafft-Ebing became a vocal opponent of the German anti-sodomy law, stating that homosexuality "should not be viewed as a psychic depravity or even sickness."
Beachy claims the world's first gay rights group, the Wissenschaftlich-humanitäres Komitee (Scientific-Humanitarian Committee) came into being at that time to gather petition signatures to repeal the anti-sodomy law. His book, The German Invention Of Homosexuality, is due out next year.


reposted from Joe

Via JMG: HomoQuotable - Jim Burroway


"This [Westboro] ruling is important for many reasons. First and foremost, it preserves the primacy of free speech in America, which benefits us all. But from a parochial pro-LGBT narrative, it’s equally important to note that it proves the lie to the multiple instances when anti-gay activists falsely claimed that advances in LGBT equality and protections — whether they come in the form of marriage equality or hate crimes protections — will result in the infringement of religious and speech rights. They never have and, if this ruling is any indication, it reaffirms the fact that they never will. So the next time someone claims that marriage equality will result in pastors being prosecuted for hate speech, make a note of it: Snyder v Phelps." - Jim Burroway, writing for Box Turtle Bulletin.



reposted from Joe

Wednesday, March 2, 2011

Via JMG: Gillibrand Launches RepealDOMA.com


Just launched by Sen. Kirsten Gillibrand (D-NY). Via Huffington Post:
We must repeal this discriminatory law. There is no reason same-sex couples should be denied the same rights that my husband and I and so many other straight Americans enjoy. For me it comes down to the very simple principles that every American should be able to marry the person they love, and that discrimination against LGBT Americans is unconstitutional and wrong. The law as it currently stands denies federal benefits to thousands of legally married couples -- more than 1,100 federal rights and privileges enjoyed by straight couples, including hospital visitation, inheritance and some health care benefits. It discourages states from recognizing these legal marriages and it denies millions more Americans the right to marry the person they love. This is wrong.
Gillibrand has also pledged to cosponsor Feinstein's coming repeal bill.
reposted from Joe

SASSY GAY FRIEND: Great Expectations

Via JMG: Quote Of The Day - Sen. Kirsten Gillibrand


"Dear Mr. Speaker, In a letter to you last week, the Attorney General advised that the Administration has concluded that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional and therefore will cease to defend the statute in pending litigation. It is in the best interests of taxpayers and the constitution for you to refrain from appointing special counsel to defend this law. A decision to appoint special counsel would be an unnecessary cost to taxpayers, and would detract from our shared goal of cutting wasteful spending and creating jobs.

"The executive branch’s responsibility to defend federal laws is not absolute, particularly in instances such as the present case, where the federal law is in direct conflict with the confines of the Constitution. At this critical economic juncture in our nation’s history, it is imperative that we as legislators do not devote resources to defending an antiquated and unconstitutional law."- Sen. Kirsten Gillibrand, in a letter sent today to House Speaker John Boehner.


reposted from Joe

Tuesday, March 1, 2011

Via JMG: GOP House Majority Leader Eric Cantor Vows DOMA Defense Move By Friday


House Majority Leader Eric Cantor said last night that a GOP plan to defend DOMA will be in place by the end of the week. Cantor's announcement came as the GOP completely ended unemployment and the nation's budget crisis, as promised.
“I stand by [Boehner’s] commitment to make that happen,” Cantor (R-Va.) said Monday afternoon at a press conference, promising to outline their plans in detail Friday. Cantor said the Justice Department’s refusal to defend the law is a problem separate from the substance of the law itself, which allows states to decide whether to recognize same-sex unions in other states. The Justice Department has called another provision, that bars same-sex couples from receiving federal-worker benefits, unconstitutional. “Again I do believe that this is a case that is distinguishable on its merits and to have the administration take the position, the president take the position, that he’s not defending the law of the land, is something very troubling I think to most members of the House,” Cantor said. When pressed on what House Republicans planned to do, he demurred. “I think you’ll see that on Friday,” Cantor said.
Yesterday House Speaker John Boehner told the Christian Broadcast Network that he may appoint a special House counsel to defend DOMA, a move suggested to him by former GOP Sen. Rick "Frothy Mix" Santorum.


reposted from Joe

Via JMG: CALIFORNIA: Attorney General Kamala Harris Demands Lift In Prop 8 Stay


California Attorney General Kamala Harris today filed a request with the Ninth Circuit Court of Appeals, demanding that they lift their stay on the overturn of Proposition 8 and immediately allow the resumption of same-sex marriages.
Attorney General Harris said it is unlikely that an appeal will succeed in overturning Judge Walker's ruling that Proposition 8 is unconstitutional. The appeal's likelihood of success has been substantially diminished, Attorney General Harris said, "both by the United States Attorney General's conclusion that classifications based on sexual orientation cannot survive constitutional scrutiny and by this Court's certification order to the California Supreme Court, which seriously questions the Court's jurisdiction to decide the merits of the case."

In addition, Attorney General Harris said, "there is no injury that the proponents of Proposition 8 will suffer if same-sex couples are permitted to enter into civil marriages in California." But as long as the stay on same-sex marriages remains in effect, Attorney General Harris said, the due process and equal protection rights of same-sex couples will continue to be violated, perpetuating unconstitutional discrimination and making a stay of Judge Walker's ruling legally inappropriate.
Former Gov. Arnold Schwarzenegger also filed a brief today with the same request.


reposted from Joe

Via jMG: Sarah Palins Slams Obama On DOMA


"I have always believed that marriage is between one man and one woman. Like the majority of Americans, I support the Defense of Marriage Act and find it appalling that the Obama administration decided not to defend this federal law which was enacted with broad bipartisan support and signed into law by a Democrat president. It’s appalling, but not surprising that the President has flip-flopped on yet another issue from his stated position as a candidate to a seemingly opposite position once he was elected." - Sarah Palin, as triumphantly quoted today by Maggie Gallagher.


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SACBEE.COM BREAKING NEWS ALERT

California AG asks court to lift gay marriage stay

California's attorney general has asked a federal appeals court to allow gay marriages to resume while the court considers the constitutionality of the state's ban on same-sex unions.

Monday, February 28, 2011

Via American Foundation for Equal Rights:

AFER - American Foundation for Equal Rights

Dear Daniel,
Today, California’s largest newspaper, the Los Angeles Times, published a powerful editorial which argued that gay and lesbian couples should be allowed to marry, starting immediately.

Last week, AFER’s attorneys filed a brief with the Ninth Circuit Court of Appeals, urging it to lift the stay of the district court decision that ruled Prop. 8 unconstitutional, which would enable marriages to resume. Today’s editorial underscores the growing consensus that gay and lesbian couples should not have to wait to get married while the Prop. 8 case works its way through the legal system.

“Enough already,” the Los Angeles Times editorial board wrote. “…Every day that the case drags on, gay and lesbian couples who would like to marry are being deprived of their civil rights. That's not our wording; the federal trial judge decided that issue, at least for now. The denial of constitutional rights, even temporarily, is a deplorable situation that must meet high legal standards to be allowed to continue. In our view, those conditions have not been met.”
I encourage you to read the full editorial on the L.A. Times website, and to share it with your friends and family on Facebook and Twitter. Help raise visibility for all the people who cannot wait to get married.

Sincerely,
Chad Griffin Portrait
Chad Griffin SignatureChad GriffinBoard President
American Foundation for Equal Rights

Via Courage Campaign:

Courage Campaign

Dear Daniel,

This week, we’re filing an amicus curiae letter to the Supreme Court of the State of California asking them to speed it up. We’re taking this step because couples are literally getting sick and dying while the Court is dragging its feet, and we’ve had it.
When the Court announced that it would look into the question sent to them by the Ninth Circuit regarding whether Prop 8 proponents had standing, they announced a schedule that would have the oral argument in “late September 2011.”  That isn’t good enough.

Help us show the California Supreme Court what happens when they drag their feet. Can you co-sign our amicus curiae letter to the California Supreme Court?

In the letter, we describe some of the heartbreaking stories of over 400 Courage Campaign members who wrote in to tell us how they are impacted by these delays.  Stories like those of Derence Kernek, who wants to marry his partner of over forty years before Alzheimer’s robs his partner, Ed, of the ability to even recognize Derence.

Four months really could mean the difference between getting a chance to marry and a lifetime of regrets. Throughout the trial process, the federal courts have moved along with breakneck speed, but now the California Supreme Court is slamming on the brakes.  For so many Californians, this could have devastating consequences.

Tell the California Supreme Court: Marriage can't wait! Please co-sign to our letter to the California Supreme Court and forward it on to five of your friends.
www.couragecampaign.org/NoMoreWaiting

We need the Court to see how painful any additional delay could be for so many Californians.
Thank you for your continued commitment to equality.

Sincerely,
Rick Jacobs
Founder and Chair, Courage Campaign
P.S. To see additional stories, and to provide your own, check out our newest project we’re launching this coming month, Testimony: Take a Stand.

Sunday, February 27, 2011

JMG Quote Of The Day - Albert Mohler


"When we talk about same-sex marriage, we talk about something that is already legal in one form or another in basically twelve states. So whether they call it marriage, as they do in a few states, or marriage-lite as they have now in twelve states, the reality is that a good number of Americans are living where they're already facing not just the inevitably, but the reality of same-sex marriage. I think it's clear that something like same-sex marriage - indeed, almost exactly what we would envision by that - is going to become normalized, legalized, and recognized in the culture. It's time for Christians to start thinking about how we're going to deal with that." - Albert Mohler, president of the Southern Baptist Theological Seminary, speaking on a Focus On The Family radio show.

Stand by for the wingnut denouncements.


reposted from Joe

Via UOL: Jean Wyllys reage à ofensiva evangélica contra gay

Edson Sardinha e Eduardo Militão
Do Congresso em Foco
  • Jean Wyllys reage à ofensiva evangélica contra gay Jean Wyllys reage à ofensiva evangélica contra gay
Para frear contestação de benefício no Imposto de Renda para casais homossexuais, deputado ameaça questionar falta de prestação de contas por parte das igrejas. Ele diz que crítica a portaria da Fazenda “mascara” homofobia

Primeiro gay a se eleger deputado federal defendendo a bandeira dos homossexuais, Jean Wyllys (Psol-RJ) anuncia uma contra-ofensiva à iniciativa de parlamentares evangélicos de tentar derrubar a principal novidade da declaração do Imposto de Renda deste ano: a inclusão de parceiros homossexuais como dependentes para fins de dedução fiscal. O deputado disse que vai discutir esta semana com outras lideranças da Frente Parlamentar Mista pela Cidadania GLBT (Gays, Lésbicas, Bissexuais, Travestis, Transexuais e Transgênero), ainda em reestruturação, uma maneira de barrar o movimento articulado pelo deputado Ronaldo Fonseca (PR-DF), que considera o benefício ilegal.
Jean Wyllys afirmou ao Congresso em Foco que pretende utilizar o mesmo argumento “legalista” do colega, que é pastor da Assembléia de Deus, para cobrar que as igrejas, que têm imunidade fiscal, passem a prestar contas à sociedade. “Posso recorrer também à legalidade para exigir do ministro da Fazenda que ele explique por que as igrejas não prestam contas à sociedade. Se os partidos políticos prestam, por que igrejas não?”, questionou.

Pastor da Assembléia de Deus, Ronaldo Fonseca tem em mãos desde a quinta-feira passada um parecer técnico elaborado na Câmara (leia a íntegra) que contesta a concessão dos benefícios aos homossexuais, conforme revelou o Congresso em Foco. O deputado do DF estuda recorrer à Justiça e apresentar um projeto de decreto legislativo para sustar os efeitos da portaria da Fazenda que garantiu o benefício aos homossexuais. Ele também cogita chamar à Câmara o ministro Guido Mantega para dar explicações sobre sua portaria.

Apoiado no parecer, o deputado alega que a medida é inconstitucional, viola o artigo 226 da Constituição e precisaria do aval do Congresso para entrar em vigor. Ronaldo busca apoio da Frente Parlamentar Evangélica, que deve se decidir sobre o assunto nos próximos dias. “Na canetada, eu não vou [aceitar], não. Tem de ter o debate”, disse Ronaldo Fonseca na quinta-feira.

“Motivação homofóbica”

“Ele disse que na canetada, não. Eu digo que no grito da falsa legalidade, nós também não vamos aceitar”, respondeu Jean Wyllys. Para o parlamentar, a ofensiva evangélica sobre o assunto tem motivação homofóbica.  “A máscara do discurso deles é da legalidade, mas isso tem uma motivação homofóbica disfarçada”, acusou.

O deputado fluminense ressalta que a portaria que beneficia os homossexuais está amparada em parecer da Procuradoria-Geral da Fazenda, que está ancorado, por sua vez, no artigo 87 da Constituição, que define os poderes de Estado, e também no artigo 5, que diz que “todos são iguais perante a lei” no Brasil. Para ele, a portaria da Fazenda é legal. “O direito é extensivo aos homossexuais. Em nenhum momento, a lei diz que companheiro ou companheira tem de ser heterossexual. Pode ser tanto homossexual ou heterossexual”, afirmou o deputado.

Jean Wyllys diz que vai tratar do assunto na terça-feira em reunião com a deputada Manuela D’Ávila (PCdoB-RS) e na quarta, com a senadora Marta Suplicy (PT-SP), responsáveis pela reativação da frente parlamentar que defende os direitos dos homossexuais. O deputado também rebate o argumento utilizado por Ronaldo Fonseca, sustentado no parecer da Câmara, de que o governo está abrindo precedente a outras categorias ao atender às reivindicações dos homossexuais.

Impacto

Ele conta ainda que pediu um estudo à sua assessoria técnica para levantar de quanto será a renúncia fiscal com a dedução do Imposto de Renda por parceiros do mesmo sexo. “O impacto será muito pequeno. A Receita só vai aceitar a inclusão como dependente de casais reconhecidos pela Justiça, que ainda são muito poucos no Brasil”, afirmou.

O deputado diz que não pretende tratar a bancada evangélica como “inimiga”, mas cobra respeito dos parlamentares religiosos à causa dos direitos humanos e civis e à tolerância de credo. “A liberdade religiosa deles, em geral, só vale para um lado, não pensam em termos de pluralidade. Eles vêm sempre agindo nisso. Com minha presença e por estar trabalhando na frente parlamentar, isso acirra mais os ânimos. Não sou inimigo, nosso espaço é do diálogo. Se eles tiverem projeto de interesse coletivo, vou defender. Mas eles têm de se abrir ao diálogo, e não ficarem presos a dogmas”, declarou.

A nota da Consultoria da Câmara ressalta que o artigo 226 diz que apenas “é reconhecida a união estável entre o homem e a mulher”. Afirma ainda que a Lei de Responsabilidade Fiscal obriga toda concessão de benefícios fiscais, como a dedução de imposto para os gays, lésbicas e transexuais vir acompanhada de impacto orçamentário e fonte de compensação da receita a ser perdida. De acordo com o estudo, isso não aconteceu.

Nota técnica

A nota alega ainda que a concessão desse benefício aos homossexuais abrirá brecha para outros segmentos da sociedade exigirem novas isenções de imposto. O texto cita como exemplo os irmãos solteiros que moram juntos; os filhos  solteiros que permanecem morando com os pais, às vezes adotando filhos; e as pessoas celibatárias que vivem juntas fraternalmente.

A consultoria da Câmara entende que o governo federal foi descuidado ao tentar encaixar os gays nas hipóteses de dedução de imposto. Em nota enviada ao site, a Procuradoria da Fazenda diz ter “plena convicção da constitucionalidade e legalidade de seu parecer”, que embasou a decisão do ministro Guido Mantega.

Lawrence O'Donnell Rewrites Gingrich & Beck Over DOMA Enforcement

MSNBC - Big Week For Gay Rights

Saturday, February 26, 2011

Via JMG: DOJ Notifies Court Of DOMA Withdrawal


Via press release from GLAD:
The Department of Justice followed Wednesday’s withdrawal from two DOMA cases in the Second Circuit, including GLAD’s Pedersen v. OPM by notifying the clerk of the First Circuit that they will also “cease to defend” the two consolidated DOMA cases, Gill v. Office of Personnel Management and Massachusetts v. HHS. The DOJ has not sent a letter to the Congress declining to defend DOMA in toto in the Gill case, so its determination may only apply to the extent the court determines that heightened scrutiny is the proper standard of review for DOMA’s constitutionality. No matter what happens, the case will proceed with DOJ as the attorneys for the government defendants.

“It is increasingly clear to everyone what has been clear to gay and lesbian families for years - that DOMA’s denial of protections available to all other married families is discriminatory, harmful, and unjustifiable,” said Mary L. Bonauto, GLAD’s Civil Rights Project Director and lead attorney on both Gill and Pedersen. “DOJ’s acknowledgement of this is momentous. At the same time, we know this isn’t the end of the road.” In a letter to the court Assistant Attorney General Tony West writes that “the Department will cease its defense of Section 3” in cases including Gill and Massachusetts. DOJ also “notifies the courts of our interest in providing Congress a full and fair opportunity to participate in the litigation of those cases,” and that “we will remain parties to the case and continue to represent the interests of the United State throughout the litigation.”

reposted from Joe

Friday, February 25, 2011

Via JMG: DOMA Renews Immigration Challenge


This week's DOMA news has set activists into high gear on many fronts. Immigration Equality founder Lavi Soloway emails us today with his latest move.
In New York, New Jersey and California three married, same-sex binational couples, two gay male couples and one lesbian couple, are facing Immigration Judges in deportation proceedings. Each will brandish a pending green card petition filed by the American spouse on behalf of the foreign spouse. In each case their lawyer, Lavi Soloway, will argue that deportation proceedings should be halted because the only thing standing between each couple and a green card is the Defense Of Marriage Act which the President and the Attorney General announced this week will no longer be defended in court based on their finding that the statute is unconstitutional. Soloway, an immigration lawyer and long time gay rights activist, argues that the Department of Homeland Security should cease giving effect to this unconstitutional law and put all deportation proceedings on hold where they involve married gay binational couples, who but for DOMA, would be eligible for green cards on the basis of their marriages.
Soloway notes that the issue is quite urgent because deportation from the United States stipulates a ten year ban on ever returning.


reposted from Joe

Via JMG: Gay Man Named WH Social Secretary


Longtime Obama fundraiser Jeremy Bernard (on left, with former partner Rufus Gifford), has been named White House social secretary. He's the first openly gay man to hold that position and the third in the job since Obama took office.
“Jeremy shares our vision for the White House as the People’s House, one that celebrates our history and culture in dynamic and inclusive ways,” President Obama said in a statement, “We look forward to Jeremy continuing to showcase America’s arts and culture to our nation and the world through the many events at the White House.” Bernard comes to the White House from the US Embassy in Paris, where he served as Senior Advisor to the Ambassador. Prior to this role, he worked as the White House Liaison to the National Endowment for the Humanities.
Obama's first social secretary departed after that dumbass Real Housewives debacle. The second left to campaign for Rahm Emanuel.


reposted from Joe

Via JMG: Sen Patrick Leahy: I Will Cosponsor Feinstein's Bill To Repeal DOMA


Sen. Patrick Leahy (D-VT) emailed his constituents today with a promise to cosponsor Sen. Dianne Feinstein's coming bill to repeal DOMA.
As a Vermonter who has been married for 48 years, I believe it is important to encourage and to sanction committed relationships; relationships that encourage us all to give back to our community; and relationships that complete our lives. Vermont led the way by being the first state to adopt a same-sex marriage law through a legislative process. Now that several states that have voted to give full marriage rights to same-sex couples, I believe that the Federal government should not interfere with those laws or discriminate between marriages sanctioned by State law. Vermont and other states have determined that committed same-sex couples and their families should be entitled to all the protection of that state-sanctioned union. The Defense of Marriage Act denies some Vermont families equal treatment, creating a system of second-class citizens. This goes against American values and it must end. In the coming days, I will join with Senator Dianne Feinstein to introduce legislation to repeal the Defense of Marriage Act. It is a core American value that all people should be treated equally by their government. Vermont has been leading the nation on this important civil rights issue and this week, President Obama and Attorney General Holder moved the Federal government in the right direction.
(Tipped by JMG reader Matthew)


reposted from Joe