Quem nunca ouviu alguém dizer que ...o raio caiu duas vezes sobre a mesma cabeça..., quando acontecem calamidades ou catástrofes de forma repetida? Por outro lado não é usual inverter o sentido da mesma frase para definir fatos positivos; entretanto é exatamente isso que será feito aqui para noticiar duas decisões, extremamente modernas e lúcidas, que presentearam a sociedade brasileira nos últimos dias.
Com certeza, tais decisões caíram como um raio, duas vezes, em menos de 30 dias, sobre as cabeças ruins e mentalidades preconceituosas daqueles que ainda insistem em permanecer na ignorância, fonte inesgotável do preconceito. Nada me pareceu mais apropriado para massacrar a homofobia do que comparar a intensidade da luz e a força poderosa do raio, às duas recentes decisões judiciais proferidas pelos Tribunais de Minas Gerais.
1º Caso - Após árdua caminhada por mais de 5 anos, vislumbrar o Direito prevalecer sobre a discriminação às uniões entre pessoas do mesmo sexo, é algo tão gratificante , assim como o olhar da mãe para o filho que acaba de nascer. Todo o sofrimento é imediatamente esquecido para dar lugar a uma alegria infinita!
No Direito Homoafetivo é comum que os processos judiciais caminhem por trilhas jamais conhecidas, enfrentando todo tipo de obstáculo, inclusive as crenças pessoais e religiosas dos seus julgadores, como foi o caso em tela. Para conseguir os Direitos Previdenciários para um cidadão, após o falecimento do seu companheiro, foram necessárias mais de mil páginas para levar o convencimento aos Juízes Julgadores.
Depois de duas derrotas no Juizo de 1ª Instância, veio a vitória no Tribunal de Justiça de Minas Gerias, perante três desembargadores, que reconheceram seu Direito à Pensão da Previdência Privada, Pecúlio e Plano de Saúde. Houve o consenso, de forma pioneira, pela divisão em 50% dos benefícios para o companheiro e 50% para a mãe do falecido.
O voto proferido pelo Relator, seguido pelos outros julgadores, pode ser considerado uma jóia de valor incrível, principalmente quando diz:
... Quando a Constituição Federal assinalou a igualdade sem distinção de sexo, proibindo qualquer forma de discriminação (inciso IV, art.3º ) aí compreendeu a questão dos homossexuais...
2º caso - O segundo raio, isto é, a segunda causa, também foi referente aos Direitos Previdenciários, reivindicados à UFMG por um funcionário aposentado e por sua vez, negados!
Oportunidade que provocou a propositura de ação judicial perante a Justiça Federal de Minas Gerais, para fazer prevalecer o direito de indicar o companheiro para ser seu beneficiário.
Por incrível que possa parecer, de pronto, o pedido foi aceito e julgado procedente pelo Juiz Federal da 20ª Vara, concedendo ao funcionário aposentado da UFMG, o direito de fazer a pretendida indicação do seu companheiro para os benefícios previdenciários.
Não se conformando com esse resultado, a UFMG recorreu para a 2ª instância, em Brasília, cujo julgamento ocorreu no dia 9 passado. Por unanimidade os julgadores federais deram voto favorável e mantiveram a decisão mineira.
Os exemplos citados acima são provas incontestáveis da abertura do judiciário mineiro em receber as reivindicações baseadas no Direito Homoafetivo. As esperadas leis específicas ainda não existem, mas a jurisprudência está se firmando no sentido de considerar como União Estável ou Sociedade de Fato, a parceria entre pessoas do mesmo sexo e suas conseqüências.
Não só a lei é fonte do direito; a jurisprudência , que é o conjunto de julgados num mesmo sentido, serve como base para os pedidos, principalmente na ausência de leis.
A sutil diferença entre as duas formas de convivência, citadas acima, está na maneira de dividir os bens adquiridos juntos na constância da união, em caso de separação ou herança. Na Sociedade de Fato, termo empregado para questões patrimoniais, há necessidade de cada um comprovar sua colaboração na aquisição dos bens durante o período da parceria e consequentemente cada um terá direito aos bens que conquistou ( da mesma maneira que os casais heteros).
Razão pela qual, não se deve nunca descuidar das provas através dos documentos angariados no dia a dia. Sempre é bom ficar atento quando houver necessidade de ações judiciais, além do mais, não podemos falhar no pedido, exatamente quando o judiciário se mostra disposto a fazer justiça aos homossexuais, em todos as áreas do Direito.
A esperança na lucidez dos julgadores brasileiros, como aqui demonstrado, nos leva ao otimismo de afirmar que, o preconceito e a discriminação na justiça brasileira estão com os dias contados!
Maria Emília Mitre Haddad
emiliamitre@hotmail.com
Friday, February 26, 2010
First hearing by the European Court of Human Rights on same-sex marriage
26/02/2010
Yesterday, on 25 February 2010, the European Court of Human Rights, has its first hearing on a case regarding same-sex marriage. The Court’s hearing was on the admissibility and merits in the case of Schalk and Kopf v. Austria(application no. 30141/04).
Professor Robert Wintemute was granted a permission by the Court to make oral submission on behalf of the four third-party interveners: the FIDH (the Fédération Internationale des ligues des Droits de l'Homme, Paris), the ICJ (the International Commission of Jurists, Geneva), the AIRE Centre (Advice on Individual Rights in Europe, London), and ILGA-Europe (the European Region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association, Brussels).
A decision on admissibility, followed if appropriate by a judgment, will be delivered at a later date.
You can view webcast of the hearing here
Details of the case
The applicants, Horst Michael Schalk and Johann Franz Kopf, are Austrian nationals who were born in 1962 and 1960 respectively and live in Vienna. They are a same-sex couple and live together.
In September 2002 the applicants asked the competent authorities to allow them to contract marriage.
Their request was refused by the Vienna Municipal Office on the grounds that marriage could only be contracted between two persons of opposite sex. The applicants appealed before the Vienna Regional Governor and the Constitutional Court arguing that the notion of marriage had evolved over time thus having to be understood nowadays as a permanent union encompassing all aspects of life, and that the procreation and education of children were no longer a determinative factor in it. Their appeals were not successful. Both the Governor and the Constitutional Court, referring to Article 12 (right to marry) of the European Convention on Human Rights and also to Articles 8 (right to respect for private and family life) and 14 (prohibition of discrimination), held that to limit the notion of marriage to the traditional concept of marriage reserved to persons of a different sex was objectively justified.
Relying on Article 12, they complain of the authorities’ refusal to allow them to contract marriage.
Relying further on Article 14 in conjunction with Article 8 they complain that they were discriminated against on account of their sexual orientation since they were denied the right to marry and have no other possibility to have their relationship recognised by law. Finally, under Article 1 of Protocol 1 (protection of property), they allege that they suffer financial disadvantages compared to married couples.
The application was lodged with the European Court of Human Rights on 5 August 2004.
From JMG: Prop 8 Trial Closing Arguments May Be Televised After All
The closing arguments in Perry vs. Schwarzenegger might just be televised after all.
reposted from JMG
Despite a rebuff from the U.S. Supreme Court, the Bay Area's federal judges are again proposing to allow cameras in their courtrooms, a plan that could lead to telecasting of closing arguments in a suit challenging California's ban on same-sex marriage. The U.S. District Court in San Francisco has posted a rule change on its Web site that would allow its judges to take part in a pilot program of airing selected nonjury civil trials. The public comment period began Feb. 4 and ends Thursday.Protect Marriage says they won't speculate on opposing the broadcast until they know if it is really going to happen.
The proposal is the same one Chief U.S. District Judge Vaughn Walker adopted in January after a week of overwhelmingly favorable public comment. But the Supreme Court intervened when Walker approved camera coverage of the trial over Proposition 8, the November 2008 initiative that outlawed same-sex marriage.
Labels: cameras in the courtroom, Perry v Schwarzenengger, Proposition 8, Vaughn Walker
From JMG: Washington DC Plans Largest Group Gay Wedding In History
You know how the Moonies like to do those mass weddings of thousands of couples? A group in Washington DC is going to attempt the same thing with gay couples as they shoot for an entry in the Guinness Book of World Records. The largest gay wedding in history is scheduled for Saturday, March 20th in Washington, DC. Up to 400 couples will exchange vows breaking the current Guinness World Record. The celebration is part of an all-day series of events called Our Time Has Come, a title chosen to signify the long road that many couples have traveled to marriage. Events slated for March 20 include a large group ceremony, individual private ceremonies and a gala-style reception. All portions are scheduled at the Andrew W. Mellon Auditorium, an ornately gilded historic venue on Constitution Avenue, the event is being hosted by GLBT Wedding Services.
Mike Wilkinson, Director of Wedding Services for Event Emissary, is one of the planners producing the mega-event. "The GLBT community has always found strength in numbers when it comes to advocating for equality," Wilkinson said. "Now we can finally stand together to affirm our love and have it recognized legally by the District of Columbia." Even though the event is big, the concept is being carefully designed so that the experience is special for every couple involved. The reception is open to friends and family to celebrate alongside the newlyweds. "Every aspect is being planned with sensitivity to the GLBT audience that will be attending," Wilkinson said. Drew Parker and his partner Dalin Holyoak are one of the many couples getting married at the event. "Our relationship and our lives could not wait for our marriage to be 'legal' in DC, but we are both excited and relieved that our marriage will finally be recognized in the city we call home. We signed up to be part of the mass ceremony as soon as we could."
Labels: gay weddings, LGBT History, marriage equality, Washington DC
reposted from JMGThank you APA!
FOR IMMEDIATE RELEASE
February 23, 2010
(202)336-5700
APA Council Votes to Move Its August Meeting Out of the Manchester Hyatt Hotel
(Washington, DC) — The Council of Representatives, the major legislative body of the American Psychological Association, will not meet at the Manchester Hyatt Hotel during the Association’s August 2010 Convention. In response to a donation to the Proposition 8 campaign by the owner of the Manchester Hyatt, Doug Manchester, a number of APA Divisions and members voiced concerns about APA’s use of the hotel during its annual meeting.
“Today’s decision allows Council to make an important statement that it stands in solidarity with the LGBT community and its allies in protest of Mr. Manchester’s political views. Members of our Council will now not be faced with having to choose between their responsibilities as members of Council and their wish to express their opposition to Mr. Manchester’s action by not entering his hotel,” said APA President Dr. Carol Goodheart.
APA is not calling for a general boycott of the Hyatt hotel but will make every effort to provide choices to members or groups who do not want to use the Hyatt hotel. Other lodging and meeting space will be available.
“It is important that we be respectful of the decisions of individuals; those who choose to stay at the Hyatt and those who do not,” said Goodheart.
In addition, APA plans to use the meeting to highlight the Association’s policy statement in support of same-sex marriage and the science that supports that position.
From JMG: Keith Olbermann And Dan Savage Rip On Miss Beverly Hills 2010
Dan Savage blasts back with some Bible verses of his own.
Labels: Dan Savage, Keith Olbermann, Lauren Ashley, marriage equality
From JMG: British Prime Minister Gordon Brown Expresses Gratitude To Gay Soldiers
In stark contrast to the situation in America, last night British Prime Minister Gordon Brown thanked his nation's openly serving gay soldiers in a ceremony celebrating the contributions of LGBT people to Britain.Brown told guests at 10 Downing Street, including a number of gay servicemembers, that there was a “debt of gratitude we can never fully repay”. He said that the pride they felt was “nothing compared to the pride we feel in them”. Mr Brown cited the current struggle in the US to repeal Don’t Ask, Don’t Tell, which bans gays and lesbians from serving openly in the military, saying he knew debate on the issue continued. In 2009, for the first LGBT reception at Downing Street, Mr Brown said that the ban on gay marriage in California was “unacceptable”. This year marks the tenth anniversary of the British military allowing out gay soldiers. Mr Brown said: “I promise you that no one need walk the road to equality alone again.” He also listed the achievements made for gay equality in the last ten years, such as gay adoption and fertility rights for lesbians, saying people had warned these things could not be done.
Labels: Britain, Gordon Brown, LGBT rights, military, UK
Wednesday, February 24, 2010
From OutWord: Golden Lesbian Wins Olympic 1,500 Meter
Lesbian speed skater Ireen Wüst of the Netherlands powered around the final lap to win the women's 1,500 meters in Vancouver. Wüst posted a time of 1 minute, 56.89 seconds to beat Canadian Kristina Groves by .25 seconds to capture her country's fifth speedskating medal of the Vancouver Olympics.
At the podium, Wüst broke down in an emotional moment as the Dutch national anthem surrounded the crowd.
From 365gay.com: Gay couple lives in Pope’s former flat
It seems Pope John Paul II doesn’t mind conducting business with queers. 
In a truth-is-weirder-than-fiction moment, a gay couple in Madrid told Typically Spanish they purchased their flat from the pope. Apparently, a devout woman left it to him in her will. He, in turn, put it on the market.
The couple, Alberto and Miguel Ángel, said “the Church does not love us, but is happy to do business.”
The Web site commented “The gay couple, who are now married, also against the Church’s wishes, now enjoy dinner parties showing the escrituras (deeds) of the flat with the name of the Pope.”
From JMG: Sen. Lindsey Graham: Healthcare Debate Will Mean End Of Minority Party Rights
I think Miss Graham is complaining about not being able to filibuster the health care vote down to a standstill.
Labels: closet cases, health care reform, Lindsey Graham, Senate
From JMG: DADT: Don't Lie, Don't Misinform
Today Media Matters and a coalition of LGBT and progressive groups co-signed a letter calling on the media to be truthful when covering the attempt to repeal DADT.
Don't Ask, Don't Tell proponents too often paint a distorted picture of what a repeal would mean. Today, Media Matters for America released a comprehensive review detailing how opinion pages and cable news talk shows have been flooded with falsehoods and anti-gay rhetoric to support the dubious argument that Don't Ask, Don't Tell is working. Myths that repealing Don't Ask, Don't Tell would adversely affect unit cohesion, retention, or the HIV rate among servicemembers are not based in reality. Similarly, the anti-gay rhetoric permeating many of these arguments only serves to cheapen the national discussion on this important issue. Because news outlets continue to repeat these outrageous myths, a coalition of organizations is banding together to combat misinformation about the Don't Ask, Don't Tell law. As Congress moves forward on this legislation, we will be vigilant in ensuring that news reports are accurate and fair. The public deserves an honest debate -- not one marred by blatant falsehoods and anti-gay attacks.Among the co-signers are the HRC, the Courage Campaign, GLAAD, and the NGLTF. Visit the Myths and Falsehoods page for a point-by-point refutation of the lies and misinformation being spread about the gays in the military and the repeal attempt.
Labels: DADT, journalism, Media Matters, military
Lifted from JMGFrom GR: When Catholics Fear Male Figure Skating
What's one indication that the sport of male figure skating is going to emerge from the 2010 Olympics as more popular than ever? Conservative Catholics are starting to worry that the sport is going to take a nation of men and turn them into a nation of ... men who wear sequins. While Pope Benedict XVI hasn't issued an edict denying Communion to male figure skaters yet, the sport has clearly gotten under the nerves of at least one Catholic columnist, Louie Verrecchio. He writes for Catholic News Agency, and in his latest column he takes male figure skating to task for not being NASCAR on ice.
jump, fly, skate here to read the full article
Singer Melissa Etheridge rails against the passage of the gay-marriage ban in California
Okay. So Prop 8 passed. Alright, I get it. 51% of you think that I am a second class citizen. Alright then. So my wife, uh I mean, roommate? Girlfriend? Special lady friend? You are gonna have to help me here because I am not sure what to call her now. Anyways, she and I are not allowed the same right under the state constitution as any other citizen. Okay, so I am taking that to mean I do not have to pay my state taxes because I am not a full citizen. I mean that would just be wrong, to make someone pay taxes and not give them the same rights, sounds sort of like that taxation without representation thing from the history books.
Tuesday, February 23, 2010
A classic Find from JMG: Puppet Cleavage Banned In Colorado
A billboard company in Colorado Springs (home to Focus On The Family, numerous megachurches, and a completely devastated city infrastructure) has banned a bus stop campaign for Avenue Q. Because it shows puppet cleavage. The puppet's name is Lucy the Slut. She's a pink Sesame Street-like puppet in the touring Broadway show “Avenue Q.” "Avenue Q" is a Tony-winning musical about twenty-something New Yorkers, both human and puppets, searching for life and love. The show addresses issues like sex, drinking, and surfing the Web for porn. Lamar Advertising rejected the ad for bus shelters, according to the Colorado Springs Gazette newspaper. "We were in the process of putting it on the presses when one of the top execs saw it and said, ‘I don’t think it’s appropriate for the Colorado Springs market,’" according to Kristy Maple, marketing director for New Space Entertainment.(Via Avenue Q author Jeff Whitty)
Labels: advertising, Avenue Q, Broadway, Colorado Springs, dumbassery
From JMG: Friendly Voices - Hudson Taylor
Nationally ranked college wrestler Hudson Taylor is a passionate advocate for LGBT rights, to the point where he even competed with the HRC logo on his headgear. Via Outsports:When Hudson Taylor proposed to Lia Alexandra Mandaglio, it was fitting that it was the same night they saw the movie "Milk." The story about a pioneering gay rights advocate meant a lot to the couple. Back at Mandaglio's condominium in Washington DC, Taylor, a University of Maryland wrestler, presented her with a signed edition of Martin Luther King's book "Why We Can't Wait." She didn't wait, and said yes. They will be married on Sept. 24, 2011. Taylor proposed to Lia Alexandra Mandaglio the same night they saw "Milk." "The proposal is a big event not to be taken lightly," Taylor said. "We're both very progressive and very outspoken in LGBT and feminist issues." The book "symbolized how we felt and how we would act," and was "very fitting for the engagement." Being outspoken and passionate is nothing new for Taylor, 36-2 this season and ranked No. 3 in the country in the 197-pound NCAA wrestling weight class. In addition to being a champion wrestler, he is an academic All American with his eye on law school and a possible future political career.Read the entire interview, he's awesome.
Labels: Friendly Voices, Hudson Taylor, Outsports, sports, straight allies
NOM Under Investigation in Maine - Still Refuses to Comply with Law
(AUGUSTA, ME) Maggie Gallagher and Brian Brown, who run the National Organization for Marriage (NOM) and their $1000.00 per hour attorneys from Indiana, continue to run afoul of Maine's election laws. NOM still refuses to report the names of all its $100 and up contributors who gave nearly $2 million to ban gay marriage in the Pine Tree State. Now they are trying to halt the investigation and subpoena into their finances and fund-raising.
NOM has tried this before when it asked Federal Judge D. Brock Hornby to allow it to avoid all reporting laws. Judge Hornby again ordered Maggie and Brian to report their contributor's names to last fall's Yes on Question 1 campaign. State Attorney General Janet Mills did the same late last year, but the New Jersey based NOM will not obey Maine's election law and refuses to report where all its money came from.
Every other religious organization that supported Question 1 obeyed the Maine election law and filed as a PAC when they raised over $5,000 except NOM. NOM raised and gave over $1.9 million - 2/3 of all money raised and well above the $5,000 threshold! NOM even tried unsuccessfully to end the state of Maine investigation into its alleged money laundering, but the Ethics Commission turned that down, too 4 to 1.
"Who are they trying to protect?" asked Fred Karger, founder of Californians Against Hate, who filed the original complaint with the Maine Ethics Commission last August. "Every other donor to Yes on Question 1 complied with the law, but NOM refuses."
The California Fair Political Practices Commission also has an active investigation of NOM underway (Case #08-735), as well as the Church of Jesus Christ of Latter-day Saints (Mormon Church). The investigation has been going on for the past 16 months. NOM has been widely reported to be a front group for the Mormon Church in its crusade to ban gay marriage throughout the U.S.
Here's the story from the Bangor Daily News by Kevin Miller:
Ethics panel to take up donor list controversy
AUGUSTA, Maine — More than three months after Mainers voted down same-sex marriage, the organization that provided much of the money to the traditional marriage camp is still fighting to block the state from forcing disclosure of their donor lists.
This past week, the National Organization for Marriage lost another skirmish in the larger legal battle over its campaign finances.
U.S. District Court Judge D. Brock Hornby in Portland overruled NOM’s objections to having to turn over donor lists and correspondence between NOM and Stand for Marriage Maine regarding the campaign to repeal Maine’s gay marriage law. The court has yet to rule on the larger case challenging Maine’s campaign reporting laws, however.
The documents being sought — and what they say about who donated to NOM and why — are key to a Maine Ethics Commission investigation into whether the group’s failure to disclose donors violated state campaign finance laws.
NOM, which is based in New Jersey, said it donated more than $1.9 million to Stand for Marriage Maine from its war chest for fighting gay marriage nationwide. But critics contend NOM was raising money specifically for the gay marriage fight in Maine, which, if true, would trigger the state’s donor disclosure rules.
This Thursday, the Ethics Commission will decide whether to push forward with subpoenas for the documents. Hornby’s decision appears to clear the way for the commission to reiterate its demands from NOM.
Jonathan Wayne, the commission staff’s executive director, offered this explanation for why the documents are important: “NOM donated almost $2 million in support of the referendum. The commission needs to understand how NOM solicited the funds in order to determine whether campaign finance reporting was required.”
Regardless, the list of donors would only be made public if the commission rules NOM was legally obligated to file the information with the state.
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