Friday, September 12, 2014

International Law and the Uncertainty of Rights for LGBT People

For lesbian, gay, bisexual and transgender (LGBT) people the law is a paradox. The law can operate as an instrument of repression and control, but also as a tool for resistance and liberation. We find fragments of our collective histories in court records. Here we find a sorry history of people in countries across the world convicted of loitering, sodomy, cross-dressing or so-called "crimes against nature."

For a vulnerable minority, and an unpopular one, domestic and international law has proven to be an indispensable tool, sometimes the only tool, for LGBT people to claim a space in the world. Two decades ago in a 1994 case, the UN Human Rights Committee in Toonen v. Australia asserted the right to privacy for same-sex consenting adults under international law. In 1998, South African courts repealed the Immorality Act and five years later, in 2003, Lawrence v. Texas saw the remaining sodomy laws in the US declared unconstitutional.

Yet some 76 countries around the world maintain discriminatory LGBT laws. Britain exported its sodomy laws to the empire, where many remain in force. These laws not only hold the threat of arrest and prosecution, but have other profound implications for LGBT people as well. Even in the many countries where sodomy laws are seldom enforced, such as India and Uganda, they still symbolize national discrimination against LGBT people.

Human Rights Watch has reported these laws are routinely used for blackmail and extortion, in settings as diverse as KyrgyzstanJamaica and Uganda. Such laws contribute to a climate of prejudice and hostility in which violence occurs with impunity. The passage of the anti-propaganda laws in Russia led to a peak in violence against LGBT people. In Nigeria, the immediate effect following the enactment of draconian legislation was mob violence against gay men. The law in these places means that LGBT people must live a shadow existence under the threat of violence.

What seldom gets talked about is the psychological impact on individuals. The archaic language of these laws; "the abominable crime of buggery" as the Jamaican law reads, the more delicate language of "the love that dare not speak its name" or vague reference to "carnal knowledge against the order of nature," casts a shadow over desire and the most personal expression of human intimacy. Read through the judgment of the Indian Supreme Court ruling that upheld the sodomy law: the language of family and kinship is reserved for heterosexual marriage, while for homosexuals the language is one of body parts engaged in sexual acts.

A Nigerian activist in Abuja recently told me a story about how, when she visited London, someone had asked her about the situation back home. She said she instinctively withdrew to a corner and spoke in hushed tones, before thinking, "What am I doing?" She had already internalized a fear of being noticed. What cumulative effect does this have on self-esteem and self-worth?

Sodomy laws have historically been used for political purposes. In France in 1307, King Philip IV brought sodomy accusations against the Order of the Knights Templar and dissolved it. The reason - he was heavily indebted to the Knights at the time. In England, King Henry VIII promulgated the Buggery Act in 1533 then promptly accused Roman Catholic monks of sodomy and used that as an excuse to confiscate their monastic lands. He also disposed of his opponent Lord Hungerford by executing him for sodomy in 1540.

Such tactics are still in use. The progress, passage and fate of the Ugandan Anti-Homosexuality Act has as much to do with political intrigue within the ruling party and President Yoweri Museveni's fluctuating popularity as it has to do with homosexuality. Vladimir Putin wears a mantle of traditional and family values as political armor that works for him domestically, and also internationally as he takes the stage on an anti-Western ticket. In Malaysia, the political opposition is kept in check by recurrent accusations of sodomy against opposition leader Anwar Ibrahim. And in Zimbabwe we can tell an election is coming just by monitoring the level of homophobic rhetoric emanating from the ruling party.

Anti-gay laws are seldom just about homosexuality. Homophobia is both a reality and a ruse. Increasingly it is being used as an instrument of political repression. Laws that ban "propaganda," "promotion," or support of LGBT groups are so vague and sweeping that they threaten fundamental freedoms of association and expression. And it is not only LGBT groups that are at risk. The recent wave of anti-LGBT legislation that seeks to outlaw not only sexual practice but also public expression of identity is almost invariably accompanied by broader attacks on activism, on political opposition and on the ability of local organizations to receive foreign funding.

This is playing itself out at a national level, but it is also evident internationally. At the UN, Russia is leading an aggressive charge against the rights of LGBT people under the rubric of "traditional values." Speaking on the crisis in Ukraine at the UN Human Rights Council in March, Foreign Minister Sergey Lavrov caricatured recent advances in basic human rights for marginalized people as resulting from "[s]upporters of ultraliberal approaches, supporting all-permissiveness and hedonism, requesting a revision of moral values."

Similarly with a push for more limited language on "the family" and an emphasis on the rights of the family as an entity, rather than the individuals who make up the family, the Russian government and its allies are pushing for a concept of human rights that protects the group over the individual. This rhetoric and practice creates a false dichotomy and pits "tradition" against human rights. LGBT rights are the wedge issue, but at stake are the basic principles of international human rights law: that human rights are universal, inalienable and indivisible.

So we should not fool ourselves into thinking that this is only about the rights claims of a vulnerable minority. The well-known adage that the way a society treats its minorities is a good measure of its democracy rings particularly true. What seems distinct about this particular time in our history is the way in which the rights of LGBT people have become a lightning rod for competing visions of the world.

Using homophobia for political ends is as old as the law itself. What has changed is that this is playing itself out on an international level and is becoming the language for articulating two very different visions of the world, one in which human rights are seen as a value to be cherished and upheld, the other in which human rights are seen as a profound threat.

This article was adapted from a speech at a Wilton Park conference.

Via Blue Nation Review / FB:


Via Sonja van Kerkhoff / FB:

Brilliantly said TW "There we have it BP's personal opinion with unconnected quotes from the writings some out of context in quasi support. We'll done. If this version of the faith is true then it is one of the reasons that mankind will not accept it. It's old fashioned, dogmatic and riddled with injustice."

As long as the UHJ follows God's guidance it agrees with B!

BP... I don't expect for a minute for the UHJ to make policy based on popularity, I expect them to be concerned with what fits the Bahai principles and teachings. The UHJ have not ruled on same-sex marriage. Perhaps they will, perhaps they will not. It is a new phenomena but that does not mean that they need to make a ruling. Instead they might allow NSA's to decide what is wisest.

We see above the NSA's letter to Sean asking him to reconsider his marriage. They do not state that he has to leave nor that he has lost his voting rights. This is a step in the right direction. In 2009 Daniel Clark Orey lost his voting rights without consultation nor warning and the only way he could regain them was to divorce his husband. The US Bahai community lost a flower in the garden of humanity because of this action.

The UHJ states that marriage is only between a man and woman but they do not express that as a policy because they think this is expressed in the Bahai writings somewhere. The policy they do make in the 2010 letter on same-sex marriage is that when this is a political matter that Bahai communities are not to take sides. What I am talking now is when same-sex marriage is a law of the land. Both Sean and Daniel's marriage are legal marriages.

The 2010 letter does not associate being homosexual as something bad. I am surprised that you keep confusing Shoghi Effendi's name and authority as official interpreter with the lesser authority of letters written on his behalf which is the only place where homosexuality is mentioned although your comment "The interpreter clarified the matter, and the interpretations and applications of this law never mention child molestation" actually refers to Abdul-Baha not Shoghi Effendi.

I end with something Shoghi Effendi did write: 

"It should also be borne in mind that the machinery of the Cause has been so fashioned, that whatever is deemed necessary to incorporate 23 into it in order to keep it in the forefront of all progressive movements, can, according to the provisions made by Bahá’u’lláh, be safely embodied therein. To this testify the words of Bahá’u’lláh, as recorded in the Eighth Leaf of the exalted Paradise: “It is incumbent upon the Trustees of the House of Justice to take counsel together regarding those things which have not outwardly been revealed in the Book, and to enforce that which is agreeable to them. God will verily inspire them with whatsoever He willeth, and He, verily, is the Provider, the Omniscient.” Not only has the House of Justice been invested by Bahá’u’lláh with the authority to legislate whatsoever has not been explicitly and outwardly recorded in His holy Writ, upon it has also been conferred by the Will and Testament of ‘Abdu’l-Bahá the right and power to abrogate, according to the changes and requirements of the time, whatever has been already enacted and enforced by a preceding House of Justice. In this connection, He revealed the following in His Will: “And inasmuch as the House of Justice hath power to enact laws that are not expressly recorded in the Book and bear upon daily transactions, so also it hath power to repeal the same. Thus for example, the House of Justice enacteth today a certain law and enforceth it, and a hundred years hence, circumstances having profoundly changed and the conditions having altered, another House of Justice will then have power, according to the exigencies of the time, to alter that law. This it can do because that law formeth no part of the divine explicit text. The House of Justice is both the initiator and the abrogator of its own laws.”

Flower of the Day: 09/12/14

 “The process of awakening consciousness brings profound changes throughout one’s entire system. Purification doesn’t only affect subtle bodies; all our inner bodies are connected with each other. So when the mental and emotional bodies are purified, this reflects on the energetic body, which then affects the physical body. Certain mental and emotional blockages manifest in the body, so it’s natural to feel strange sensations in one’s physical body. Some of these symptoms have been studied and labeled by science, while others have not.”


Sri Prem Baba
 

Via Daily Dharma


The So-Called Real World | September 12, 2014

The so-called real world is a perpetual cycle of suffering and discontent called samsara, in which base emotions such as hatred, envy, grasping, and ignorance reign. In our own time the materialistic outlook is completely dominant and almost impossible to resist. Only by removing our blindfolds and confronting these forces of negativity can they be overcome. 
 
- Judith L. Lief, "Welcome to the Real World" 
 

Thursday, September 11, 2014

Flower of the Day: 09/11/14


“When I say that the lower self gets dissolved, I am using a metaphor, because in this world, nothing dissolves – everything is transformed. This is one of the laws of this world. The lower self is actually energy that was transformed and ended up manifesting in this way. When the veil of illusion was laid over our eyes, trust turned into fear. We are talking about a distorted energy, and our job is to re-invert it.”


Sri Prem Baba

Via Daily Dharma


The Origin of Philosophy | September 11, 2014

The origin of philosophy is wonder. It’s a sense of being astonished, a sense of waking up to the fact that you’re here rather than not here. And I would take that also to be what the Buddha was awakened to on seeing a sick person, an old person, a corpse. 
 
- Stephen Batchelor, "Going Back to the Source" 
 

Wednesday, September 10, 2014

Flower of the Day: 09/10/14


“It is only when you become aware of your false faith that you may come to know true faith.”

Sri Prem Baba

Via Daily Dharma


Chaotic Mind | September 10, 2014

A mind devoid of insight into its own nature is a chaotic mind, a mind of unease. 
 
- Kathleen Dowling Singh, "The Chaos Under the Hood"
 

Tuesday, September 9, 2014

Via Daily Dharma


The Zen You Bring | September 9, 2014

The only Zen you find on the tops of mountains is the Zen you bring up there. 
 
- Robert Pirsig, "The Loneliest Road in America"
 

Flower of the Day: 09/09/14

“It is impressive how much power one single minute of silence has. Just one minute is capable of promoting a major change. Everything can be transformed in this short moment. That is why I constantly invite you to perform this practice, and I always remind you of the power of silence. I encourage you to try it out so that you can discover its worth. After all, to experience this, you don’t need a lot of time.”


- Sri Prem Baba

Monday, September 8, 2014

Via Democrats Abroad / FB:


Via JMG: Lesbian Couple Marries After 72 Years

 


From Iowa's Quad City Times:
Vivian Boyack and Alice "Nonie" Dubes say it is never too late for people to write new chapters in their lives. Boyack, 91, and Dubes, 90, began a new chapter in their 72-year relationship Saturday when they exchanged wedding vows at First Christian Church, Davenport. Surrounded by family and a small group of close friends, the two held hands as the Rev. Linda Hunsaker told the couple that, “This is a celebration of something that should have happened a very long time ago.” The two met in Yale, Iowa, where they grew up, and moved to Davenport in 1947. Boyack was a longtime teacher in Davenport, directing the lives of children at Lincoln and Grant elementary schools. “I always wanted to be a teacher,” Boyack said Saturday after the ceremony. “My plan at an early age was to teach in the school where I was then going, and my teacher would move on to another school.”
(Tipped by JMG reader Jake)
Reposted from Joe Jervis

Via JMG: GAMBIA: National Assembly Approves Life Sentence Law For Homosexuality


 
Via the Associated Press:
Gambia's National Assembly has passed a bill imposing life imprisonment for some homosexual acts, officials said Monday, potentially worsening the climate for sexual minorities in a country with one of Africa's most vocal anti-gay leaders. The bill amending the criminal code was passed last month and brings life sentences for "aggravated homosexuality," minority leader Samba Jallow told The Associated Press. That is a charge leveled at repeat offenders and people living with HIV/AIDS. Jallow said that while his National Reconciliation Party did not condone homosexuality, he voted against the bill along with one other lawmaker. "In our view, (homosexuals) did not commit a crime worthy of life imprisonment or any treasonable offense," he said. Homosexual acts were already punishable by up to 14 years in prison under a Gambian law that was amended in 2005 to apply to women in addition to men. The bill now awaits approval by President Yahya Jammeh, an autocratic ruler who in 2008 instructed gays and lesbians to leave the country or risk having their heads cut off.
PREVIOUSLY ON JMG: Gambian president Yahya Jammeh declares that his nation "will fight homosexuality like we fight malaria." Jammeh is named one of 2013's worst anti-gay villains by Human Rights Watch. Jammeh compares himself to Mohammed because he has "cured" 68 AIDS patients with herbs. Jammeh says no amount of foreign aid will bring LGBT rights to Gambia. Jammeh threatens to decapitate "any homosexuals found in Gambia."
Reposted from Joe Jervis

Via Tricycle: The Loneliest Road in America Zen and the Art of Motorcycle Riding


We dropped down from Lake Tahoe into the Great Basin. The signage warned us about a veritable Noah’s Ark of animal life: bear, deer, cattle, moose, horses, men on horses, men on tractors. It got hot, fast. 

Ninety-two miles in we had lunch in Fallon, Nevada. Then we entered the desert, our motorcycles shredding the silence.

When I mentioned to Hunter, my riding companion, that the next stretch of 409 miles was known as the Loneliest Road in America, his response was “Well, I’m the loneliest man in America.”

Hunter was fleeing a relationship and riding with me back to the East Coast. I had set out from Cambridge on my motorcycle some seven weeks and 7,000 miles earlier, pinballing around the cities of the Midwest and then whipping across the plains and over the mountains to Seattle. I joked with friends that I was just swinging by Seattle to pick Hunter up. The truth is, our journeys happened to align. And yet I wasn’t sure what had caused me to fling myself out on the road once again. I had nothing to flee. Maybe it was like John Steinbeck said: “Once a bum always a bum.”

Hunter tore ahead astride Rhonda, his 1979 CB750. Rhonda had a menacing growl and a whole host of complications. She was in her dirty thirties, we joked—a longtime smoker. We wondered if she could make it through the desert unscathed. We wondered if we could make it through the desert unscathed.

I cruised steadily behind on Darsan, my 1990 BMW K75, so named because the Hindu concept of darshan—witnessing and being witnessed by the divine—has long intrigued me. And what better way to take darshan of America than on a motorcycle?

In his own American motorcycle journal, Robert Pirsig wrote, “The only Zen you find on the tops of mountains is the Zen you bring up there.” But what about valleys? Hunter and I were about to find out.

The emptiness was striking. All that space has a way of shrinking distance. The image of Hunter ahead, ducking into the wind and surging toward the mountains, is burned into my memory. Largely because to get to the mountains we had to surge toward them for a long time. The valleys were designed to a scale that we city boys weren’t accustomed to. The road was straight, the landscape barren. Though we pushed our bikes to 85, 90, 95 miles per hour, the pervading sense of stillness was broken only by the roaring wind.

We pulled over and removed our helmets, and the silence pulsed in our ears. Hunter’s constant fear was that Rhonda’s engine would seize and she would explode—spontaneous motorcycle combustion. 

We poured water on her cylinders and watched it sizzle. My constant fear was that my tires would explode. They’d traversed the country and then some. The upshot is that constant fear truly puts you in the moment. The great matter is birth and death, after all.

We plowed on. Over the miles we developed a natural rhythm: I’d overtake, lead for a while, and then, wordlessly, we’d switch positions. Peak, then valley; peak, then valley. After 112 miles we made it to Austin, population 300. Hunter entered the gas station and returned with a pin that read “I Survived the Loneliest Road in America.”

Flower of the Day: 09/08/14

“Enlightenment is the ultimate goal of life. I work towards demystifying this concept. At some point, the river flows into the ocean. We are working to make this happen in this incarnation, but if it doesn’t happen now, it will in another. For some people, becoming enlightened, or reaching the sacred dwelling place, may simply mean aligning one’s spirit with material life. For others it may mean being able to use one’s gifts and talents to serve the greater good, and having the joy of waking up in the morning to do so. Or it may mean giving of yourself to a cause that goes beyond your personal interests.”


Sri Prem Baba

Via Pema Chodro / FB: HEAVEN AND HELL

"There’s another story that you may have read that has to do with what we call heaven and hell, life and death, good and bad. It’s a story about how those things don’t really exist except as a creation of our own minds. It goes like this: A big burly samurai comes to the wise man and says, “Tell me the nature of heaven and hell.” And the roshi looks him in the face and says: “Why should I tell a scruffy, disgusting, miserable slob like you?” The samurai starts to get purple in the face, his hair starts to stand up, but the roshi won’t stop, he keeps saying, “A miserable worm like you, do you think I should tell you anything?” Consumed by rage, the samurai draws his sword, and he’s just about to cut off the head of the roshi. Then the roshi says, “That’s hell.” The samurai, who is in fact a sensitive person, instantly gets it, that he just created his own hell; he was deep in hell. It was black and hot, filled with hatred, self-protection, anger, and resentment, so much so that he was going to kill this man. Tears fill his eyes and he starts to cry and he puts his palms together and the roshi says, “That’s heaven.”

(From her book Awakening Loving Kindness)
http://pemachodronfoundation.org/store/buy-books/#loving-kindness


Thanks for Shambhala Publications for these wonderful weekly quotes from Pema's books. To get yours, sign up at:
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Pema Chodron's photo.

Viaa Daily Dharma


On Not Being Stingy | September 8, 2014

The One, or Oneness, as we might say in Zen, never tries to turn a profit from anything at all. It wouldn’t even make sense. We, on the other hand, are always trying to turn a profit from every human exchange. We are always trying to get something—admiration, love, recognition, praise, acknowledgment, even just staying connected. Think how we manipulate and bargain and negotiate to turn a profit from every interaction. Much of this is subtle, unconscious habit. Even when we give, or serve, or love, or pay attention, we’re trying to get something. Sometimes it’s just to get back some of what we give. 
 
- Sensei Nancy Mujo Baker, “On Not Being Stingy”
 

Sunday, September 7, 2014

House of the Báb film summer 1974

Publicado em 01/09/2014
A (silent) home video of the House of the Báb in Shíráz taken in the summer of 1974 (before it was demolished by the Iranian government in 1979 shortly after the Islamic revolution). Originally recorded on Super 8 mm film, then projected onto a screen and recorded onto VHS from the projection, and finally converted to VOB and then WMV format.