Friday, June 26, 2009

LGBT Community Still Reeling From Setbacks and Obama Centrism -- A BuzzFlash News Analysis

LGBT Community Still Reeling From Setbacks and Obama Centrism

A BUZZFLASH NEWS ANALYSIS
by Meg White

These days it seems each faction of the progressive movement claims to be more betrayed than the next. Defenders of civil liberties, those who call for torture accountability, single-payer advocates and many others were surprised and bitterly disappointed by the centrist approach of the Obama Administration.

Perhaps the most disappointed group, however, is the LGBT community. First it's important to recall that a day which was a victory for many progressives was a step back for them, with the passage of Prop 8 in California last November.

Then came Rick Warren's prominence at the inauguration celebration. And then, Obama's promise to continue the federal funding for faith-based groups, some of which actively discriminate against the LGBT community. His position on keeping Don't Ask, Don't Tell (DADT), a policy that almost everyone disagrees with, was especially baffling. Now the administration's extreme support of the constitutionality of the Defense of Marriage Act (DOMA) is an especially stinging blow that has resulted in protests and a withdrawal of funding and support for Obama from the LGBT community.

Andrew Sullivan describes the injurious nature of the Obama Administration's DOMA defense:

To file an actual brief re-stating some of the worst and most denigrating arguments against gay civil equality is just bizarre. They could have argued for a narrow ruling or kept the "reasonable" arguments to a minimum. What they did -- without any heads up to any of their gay supporters and allies -- is unconscionable. Citing incest precedents? Calling gay couples free-loaders? Arguing that our civil rights are not impinged because we can marry someone of the opposite sex? Who on earth decided that that was a great idea?

This week I watched the 1997 film Ma Vie En Rose (I know I'm a little behind in my film viewing, but c'est la vie). The ma vie en rosemovie title translates to "My Life in Pink" in English, and is about a seven-year-old Belgian boy who prefers dresses to pants and repeatedly says he wants to marry his male classmate once he is able to turn into the girl he knows he's meant to be.

The main character, named Ludovic, keeps getting tiny tastes of what his heart desires, only to have his pretty dresses, jewelry, lipstick and long-ish hairstyle ripped from his grasp. At one point his family is so exasperated with his cross-dressing that they take the advice of his grandmother to just indulge him for a moment in order to remove the novelty -- and hopefully Ludovic's desire to wear girls' clothing -- simultaneously. This backfires, however. The community members pretend to understand, all but dripping with acceptance, but then take the family's livelihood from them. Ludovic's father is laid off from his job and his new house is painted with homophobic graffiti.

While the surrounding community is regarded distastefully for their duplicity by the family, Ludovic is ultimately seen to be at fault for the family's eventual relocation to a less-desirable location and economic status. Every time it seems like a family member or friend finally understands Ludovic and might let him simply be himself, the poor child is pulled back from a fantasy-land of acceptance into the cruel world at hand.

Ludovic is told that his desires are unnatural so many times that he sinks into a deep despair. Seeing the pain caused by his once-sympathetic mother shaving off his dark, shiny hair is so painful that one wonders if it would have been better if Ludovic had never been allowed to grow it out at all.

Sony Pictures, the company that distributes the film in the U.S., misleadingly says the ending of Ma Vie En Rose is "profoundly optimistic." But the idea that optimism features in Ludovic's apparently dim near future is an improbable thought, and indicative of the low expectations our culture harbors for the happiness of lesbian, gay, bisexual and transgender individuals.

Which brings me back to the way same-sex couples have been treated in this country over the last couple of years. In their fight for the right to marry, nearly every time they get their hands on something tangible it's minimized, if not completely ripped away from them. The promises floated by the Obama Administration and the Democratic Party have been ratcheted down in a callous lowering of political expectations. The best example of this is the manner in which partners of gay federal employees got a tiny hand-out.

Earlier this month, Obama extended some benefits, such as long-term care coverage and family leave, to same-sex partners of federal employees. Coming on the heels of the administration's support for DADT and DOMA however, the president's signature appeared to be more of a hollow appeasement of the LGBT community. In fact, DOMA itself curtailed the applicability of the extension, preventing the government from offering benefits such as health insurance to same-sex partners of federal employees.

Joe Solmonese, the president of the Human Rights Campaign, sent a letter to Obama in the wake of the administration's defense of DOMA:

Although I and other LGBT leaders have introduced ourselves to you as policy makers, we clearly have not been heard, and seen, as what we also are: human beings whose lives, loves, and families are equal to yours. I know this because this brief would not have seen the light of day if someone in your administration who truly recognized our humanity and equality had weighed in with you.

Solmonese goes on to poke huge holes in the pro-DOMA argument using well-reasoned legal points, ending on this poignant question:

As an American, a civil rights advocate, and a human being, I hold this administration to a higher standard than this brief. In the course of your campaign, I became convinced -- and I still want to believe -- that you do, too. I have seen your administration aspire and achieve. Protecting women from employment discrimination. Insuring millions of children. Enabling stem cell research to go forward. These are powerful achievements. And they serve as evidence to me that this brief should not be good enough for you. The question is, Mr. President -- do you believe that it's good enough for us?

Granted, the uproar over DOMA does seem to have had an effect on the administration, which has recently put into motion incremental changes such as new protections for transgendered federal workers and allowing gay couples to change their last names on their passports.

Also, some have argued that the outrage from the LGBT community may do better to concentrate on Congress -- which bears more responsibility for DOMA and is freer to reverse its course -- than on the judicial or executive branches. A spokesman for the Obama Administration recently supported a legislative fix, insisting that "the president remains strongly committed to signing a legislative repeal of DOMA into law."

Optimism may yet prevail, thanks perhaps to dark humor. Take, for example, Jed Lewison's attempt at a bright side on DOMA: "at least the legal brief didn't compare same-sex marriage to bestiality."

Maybe it is possible to be at once hopelessly cynical and at the same time be "profoundly optimistic."

A BUZZFLASH NEWS ANALYSIS


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State Class Action Lawsuit Filed in California Challenging New Constitutional Amendment Limiting Marriage to Heterosexuals

State Class Action Lawsuit Filed in California Challenging New Constitutional Amendment Limiting Marriage to Heterosexuals

SAN FRANCISCO, June 26 /PRNewswire/ -- A class action lawsuit Burns v. State of California Case No. CGC-08-481908 was filed on behalf of unmarried gays and lesbians in San Francisco Superior Court today, Friday June 26, 2009, one day before San Francisco's gay pride festival. This will be the first case in California's State Court challenging California's new Constitutional amendment limiting marriage to heterosexual couples. The Plaintiffs are represented by attorney Waukeen McCoy who successfully argued In Re Marriage Cases in 2008, which briefly allowed homosexuals the right to marry in California.

Last year, the California Supreme Court decided that California's statutory law denying same-sex couples the right to marry violated the privacy, due process, and equal protection provisions of the California State Constitution as it then read. Shortly after the decision, California's voters, by initiative, changed the text of the California Constitution by adding a new Section 7.5 to Article I. The new section reads "only marriage between a man and a woman is valid or recognized in California."

This lawsuit claims that section 7.5 of Article I violates the equal protection clause of the State Constitution. McCoy said, "we chose to bring this lawsuit in State Court rather than in Federal Court because sexual orientation is a protected class under California State Law and it is not recognized in Federal Law."

Website: http://www.waukeenmccoy.com

HRC Weekly Update from Joe Solmonese Joe Solmonese, Human Rights Campaign President [hrc@hrc.org]

Dear Daniel,

On Sunday we'll mark forty years since our community said "enough" and began what became known as the Stonewall riots. The 40th Anniversary of Stonewall inspires us to look back and form a picture of how far we've come. Yet as I write this, this week has shown us that our history, and with it our destiny, has been accelerating.

In just the past few months, we've witnessed marriage victories in Iowa, Vermont, New Hampshire, and Maine, seen the Department of Justice defend DOMA, and read the President’s Memorandum on federal employee benefits. Late today, we learned that the Administration has moved another step forward in repealing the discriminatory HIV travel ban. HRC worked hard to pave the way in Congress for this regulation, and has been pressing the President to act. The impending end of this shameful and harmful ban is one more example of history moving forward, this time in the direction of fairness.

History is clearly moving faster than I can snap a picture. The subject won't sit still.

Nonetheless, it's an important moment to reflect on this journey. Forty years ago, being caught in a police raid of a gay bar was all it took to destroy a person's life. The June 28, 1969 police raid at the Stonewall Inn was one indignity too many. Riots ensued, but just as importantly, our community found its voice.

It was a voice that for many years rang out unaccompanied. Through those early years, we built community. We came out. We formed social and political networks. Then with the 80s came what some were calling "gay cancer," and we now know as HIV / AIDS.

And so for over a decade, until the creation of free-standing AIDS service organizations, advocacy groups and government support, every organization and every person in our community did nothing else but fight to keep people alive. Everyone was dying and relatively few were paying any attention. Again, we were alone. Even President Reagan, who would lose his good friend Rock Hudson to AIDS, wouldn't say the word, let alone react in a responsible way to this national and -- ultimately -- global tragedy. But we stood together, we harnessed the power of our anger, our commitment to each other, and our will to survive, and we made ourselves heard.

In the 90s, we had a friendly ear in the White House for the first time, but we also experienced the power of our opponents when "Don't Ask, Don't Tell" and the Defense of Marriage Act passed overwhelmingly, and were signed into law by the same president who had brought us new hope.

We faced 12 years of congressional leadership and eight years in the Oval Office when we were used as a political whipping post: whether through DOMA, the Federal Marriage Amendment (FMA), or blocking every measure designed to protect us -- including hate crimes protections supported by the overwhelming majority of the American people.

But by then we were less alone. We pushed state and local governments for non-discrimination laws and saw increasing numbers of us protected from being fired for who we are. We reached out to Corporate America, setting a new standard for equal treatment in family benefits and non-discrimination policies. Today, many state and local law enforcement officials support inclusive hate crimes legislation, and more than 60 major employers endorse a fully-inclusive ENDA. The broader civil rights movement stood up against the FMA, and supports us in our current work. In Congress, there is an LGBT Equality Caucus that includes both openly-gay members and straight allies.

We are no longer alone. Forty years after Stonewall, our lives are bound up in a larger community. It is not only new supporters and alliances, but a renewed understanding of our commitment to the great unfinished work of civil rights and social justice for all people.

As Dr. King famously wrote, "we are caught in an inescapable network of mutuality." In this new era, our ties to one another are both valuable and inescapable. Within the LGBT community, this means that we do not rest until no one can be fired because of their gender identity. We do not rest until we have ended the discharges in the military. And we do not rest until every LGBT person can marry, and the federal government honors our marriages equally.

O
ur network of mutuality includes our neighbors, our co-workers, our families, and the American public at large. As people get to know us, they support us. We must show them who we are, but also hear their stories. Our country has fallen upon hard times, and we will all rise or fall together, but no one should feel a sense of double jeopardy simply because of who they are.

And finally, the 69 million voters who elected Barack Obama bound our destiny up in this presidency. To pass Hate Crimes and ENDA, repeal Don't Ask Don't Tell and DOMA, and promote the health of our community, we have to engage this Administration, and educate it about who we are. That is why I wrote the President expressing our community's deep disappointment in the Administration's defense of DOMA, and calling for action to repeal the law.

While we continue to press the President and Congress forward, we must also acknowledge each development that makes our lives better. HRC pushed hard on behalf of LGBT federal civilian employees and that's why I stood next to Frank Kameny, who was fired from his government job in 1957 because he is gay, as the President signed a memorandum protecting all LGBT employees from discrimination and improving the lives of many families in the civil and foreign services.

Forty years ago at Stonewall, our community made its voice heard as never before. Today, we must not squander a single opportunity to engage those with whom our destinies are intertwined. Our voices must sound out in our own communities, in state legislatures, in the halls of Congress, and, yes, in the White House. We honor Stonewall by never forgetting the work ahead and never missing an opportunity to tell our stories.

Warmly,
joe_solmonese_signature_150
Joe Solmonese
President, Human Rights Campaign

CNN Discusses The 'Federal Hate Crimes Bill' With Matthew Shepard's Family

The Shepards On The Hate Crimes Act


Today U.S. Attorney General Eric Holder urged the Senate Judiciary Committee to move immediately on the hate crimes bill. The bill is reportedly going to be attached to a defense appropriations bill, a tactic which failed the last time it was attempted.

Thanks to JMG for this

Pass the Federal Hate Crimes Bill!

Dear Friend of NCLR,

The Federal Hate Crimes Bill, also known as the Local Law Enforcement Hate Crimes Prevention Act / Matthew Shepard Act is currently before the US Senate and we need you to act NOW to help pass this crucial piece of legislation.

The Federal Hate Crimes Bill would give the federal government the power to investigate and prosecute hate crimes—crimes committed against an individual based on their actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability. Federal legislation is a crucial tool for protecting the LGBT community against hate-motivated crimes by giving the federal government jurisdiction over these crimes where the current law is inadequate. It also sends a clear message that hate-motivated crimes are taken seriously by our government.

The Federal Hate Crimes bill has been passed nine times in Congress but has failed to be enacted. The legislation was reintroduced this session and passed the House on April 29, 249-175. Now the bill is pending before the Senate.

We need a united Congress to stand up and pass this piece of legislation to send a clear and unequivocal message that hate violence is NOT an American value.

We need you contact your Senators NOW and urge them to support the Federal Hate Crimes Bill.

Find your Senator here or you can call the capitol switchboard and have them connect you with your Senators at 202.224.3121. Tell them to support the Federal Hate Crimes Bill!

Then, forward this email onto your friends and family and have them do the same. Congress needs to hear from us that passing hate crimes legislation is absolutely crucial.

Thank you for all that you do.

In solidarity,

kate signature
Kate Kendell, Esq.
Executive Director
National Center for Lesbian Rights

Thursday, June 25, 2009

My Congresswoman is the best!

From the Office of Congresswoman Matsui
Congresswoman Doris O. Matsui [imaca051@mail.house.gov]
Sent: Thursday, June 25, 2009 2:27 PM
To:

June 25, 2009

Dr. Daniel C. Orey


Sacramento, California

Dear Daniel:

Thank you for contacting me regarding your support of H.R.1024, the Uniting American Families Act of 2009. I appreciate hearing from you on this important piece of legislation.

The Uniting American Families Act amends current immigration law to afford homosexual couples the same immigration rights currently enjoyed by heterosexual couples. By defining adults in committed, intimate relationships as "permanent partners," the legislation extends the rights currently available to legally married individuals to all life-long partners, regardless of sexual orientation. You will be pleased to know that I am an original co-sponsor of this important piece of legislation aimed at eliminating discriminatory provisions within our immigration laws, and that I will continue to advocate for equality among all people.

H.R. 1024 was introduced on February 12, 2009, and has been referred to the House Judiciary Committee's Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law, where it is pending further action. As a co-sponsor of the legislation, I will keep your thoughts in mind should the legislation reach the House floor for a vote.

Again, thank you for taking the time to contact me regarding this important piece of legislation. To learn more about my work in Congress, or to sign up for periodic e-mail updates, please visit my website at www.house.gov/matsui.


Sincerely,

DORIS O. MATSUI
Member of Congress

Note: Please do not respond directly to this e-mail. To serve my constituents most effectively, I have dedicated a portion of my website to constituent e-mails. To write me, please visit http://matsui.house.gov/email.asp.

URGENT!! Save Hate Crimes bill NOW!


I just got a phone call from a well placed source on Capital Hill that confirmed that the hate crimes bill currently before the Senate will be added to the Defense Authorization Bill. Remember how well that worked out for us last time?

Congressmembers can use our lives to bargain for bombs and defense spending instead of simply affirming our dignity as human beings worthy of safety from persecution and violence if hate crimes are added to the defense authorization.

You need to call your Senator NOW and ask them to save the hate crimes bill from certain death! If it's added to the defense authorization bill it will be the death of hate crimes this year.

You can look up your Senator's direct phone number here or call (202) 224-3121 and tell them to SAVE THE HATE CRIMES BILL.

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Is the Mormon Church Funding the National Organization for Marriage?

Is the Mormon Church Funding the National Organization for Marriage?

Californians Against Hate began requesting your 990s (IRS non-profit tax filings) over three months ago, Maggie. You have not responded as required by law. We visited your national office in Princeton , N.J. twice to view the Form 990s, and sent our requests there by certified mail.
Someone at that address signed the US Postal Service receipt on April 25, 2009. You then had 30 days to comply with our request, but you still have not sent us your federal tax flings for 2007 and 2008.

We have also been to your “office” in Manassas , VA , and no forms there either, Maggie. It looks to be the home of your Treasurer, Neil Corkery. The Corkerys are apparently traveling around the world, and again, the forms are not available for public inspection as required by federal law.
Are you trying to hide all the involvement by the Church of Jesus Christ of Latter-day Saints (Mormon Church) who we believe created and funded the National Organization for Marriage, Inc.? That is exactly what the California Fair Political Practices Commission is investigating (Case # 08/735) right now.

As you are probably aware, the IRS fine for noncompliance is $20.00 per day for every day that you do not turn over your records up to a total of $10,000. For the 92 days so far, you owe the United States Treasury $1,840. While that won’t put much of a dent in the national debt, it is what you owe the government so far in fines. Frankly, Maggie, we are tired of waiting, and are exploring other actions to force the release of your filings.

In another very interesting development, we received a letter from the IRS last week in response to the request that we filed with them on May 6, 2009 for your Form 990s. The IRS said that, “we have no record of any organization by the name (National Organization for Marriage, Inc.) or address ( 20 Nassau Street, Ste. 242 , Princeton , N.J 08542). Now, can you explain that?? They do have a record of your Educational Fund, the 501(c)3, but that apparently was just established last year. NOM, Inc. was established in May 2007 to get Prop 8 on the ballot, so there should be 2 annual filings available on NOM, Inc.

Maggie, why don’t you do the right thing and release your 2007 and 2008 form 990’s? Just what is in there about your funding and expenditures that you don’t want people to see?

A recent Washington Post story had this to say about the Mormon Church’s involvement in the same-sex marriage battles in six Northeastern States.

Mormon officials have tried to stay out of the controversy that followed the California vote, when the church's prominent role in the marriage fight became clear. A spokeswoman in Salt Lake City declined to say whether the church is involved in debates going on in states such as New Jersey and New York , except to say that leaders remain intent on preserving the "divine institution" of marriage between man and woman. The faith holds that traditional marriage "transcends this world" and is necessary for "the fullness of joy in the next life."

That Admission by the Mormon Church Raises Many More Questions.
Who is paying for your multi million dollar TV campaign? Who is funding your $500,000 New York State PAC? Your California PAC? Who is paying for all the direct mail robo-calls and millions of direct connect calls in New York alone? Where did you get the $6 million that you admit to spending as reported this week in your hometown newspaper, The Journal News: LoHud.com ?

How much are you and your executive director Brian Brown getting paid? Is the Mormon Church paying you directly or through another one of your other organizations like the Institute for Marriage and Public Policy
Is the Mormon Church producing all of your slick new commercials? Your controversial and often maligned A Gathering Storm commercial that was made using actors pretending to be real people was chock full of Mormon actors, mostly from Arizona . Most of the bad actors on your audition tapes appear to be Mormon as well. We have that documented.

Just how much money is the Mormon Church spending now to fight same-sex marriage in at least 7 states? Mormon families spent close to $30 million in California to pass Proposition 8 last year. The Mormon Church has likely spent tens of millions of dollars directly throughout the country on all their efforts to stop gay marriage since they hired the world’s largest PR firm, Hill and Knowlton, in 1988. It even appears that the Mormon Church, through its Public Affairs Committee, was monitoring same-sex marriage activities and involved in Canada as well.

We know that the Mormon Church has not been truthful about all of its involvement in opposing same-sex marriage for 20 years. We have seen ample evidence of this in the Church documents that we received.
When we filed our complaint with the California Fair Political Practices Commission last November, Mormon Church officials first said they spent “zero dollars on Prop 8.” Then 3 months after the election, they finally admitted to have made $190,000 in non-monetary contributions. Nearly all of that was supposedly spent the week before the election.
They later changed their story again, saying that the $117,000 reported in Salt Lake City staff time ($96,000) and facilities’ usage ($20,500) was not actually spent just on election day as they had reported to the California Secretary of State. According to Church spokesman Scott Trotter, the staff time included work between August and November. Well, then shouldn’t there have been other expenditures in August or even July and September? Come on Maggie, tell the truth!

The Mormon Church announced its active participation to pass Proposition 8 in the now famous letter read from Thomas S. Monson, President of the Church. This rare act took place on June 29, 2008, and was read to every Mormon in the Western United States. President Monson called on all Mormons to give of “your time and your means to pass Proposition 8.”

Well, it worked. As we now know, the Mormon Church took over every aspect of the Yes on 8 campaign, and was largely responsible for its passage.

Please, Maggie, tell America the truth for once about where your millions of dollars are coming from. We are a country of laws, and we have the right to know.

Please Help Us Keep Up the Fight Against NOM
Send Whatever You Can By Using the Link Below

https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=1084701

Brighton STAR support Iraqi LGBT refugees



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On Friday 1st May, the newly formed Brighton University’s STAR group helped organise and back a candle lit vigil by Iraqi LGBT Lifeline.

This inaugural event for Brighton STAR, which has recently been set up, was an act of important solidarity with a refugee community under particular threat.

Iraqi LGBT Lifeline is made up of Iraqi LGBT exiles, who themselves are living as asylum seekers.

Daily fearing return to this dreadful situation, they are trying to raise funds to keep open a network of safe houses in Iraq for LGBT to take refuge, so that they too can escape their tormentors.

The Lifeline also acts as a vital news network to report on what is happening to Iraqi LGBT out of Iraq.

Iraqi LGBT Lifeline estimates that, since December 2004, there have been as many as six hundred homophobically inspired murders of gay, lesbian, bisexual and transgendered people or those perceived to be – including children who have been forced into the sex trade.

In the past four months alone as many as sixty-five bodies of those suspected of being “homosexual” have turned up with notes attached to their bodies with the word “pervert” written in Arabic.

These figures do not include those who have survived homophobically inspired kidnapping, involving physical assault which often consists of sexual humiliation including repeated gang rape.

Those who assist LGBT people and give them refuge in safe houses do so at their own expense and at risk to their own lives, as do those who try to get information out of Iraq. Recently two lesbians were butchered along with the 12-year-old boy they had rescued from the “sex trade”. Those responsible for murders such as these are not just Shiite death squads, but also members of the Iraqi police and Ministry of Interior.

LGBT people are also subject to so called “honour killings” carried out by tribal and family members “shamed” by their lesbian, gay, bisexual or trans relatives.

Homosexuality is not specifically illegal under the Iraqi criminal code however, LGBT people cannot seek the assistance of the police, who have launched their own crackdown on “homosexuals”. Sadly, the situation for LGBT was much better under the secular Saddam regime in which they were more shielded from this new spate of religiously inspired homophobia.

Brighton Star Group urges you to sign up to be a friend of the Iraqi LGBT facebook group , as they really need your support.
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Sean Hannity's Past Relationship with Neo-Nazi, Anti-Semite

THE MORNING BUZZ

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June 25, 2009

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Hate Talkers United: Sean Hannity's Past Relationship with Neo-Nazi, Anti-Semite and Now Arrested Hal Turner -- A BuzzFlash Editor's Blog