February 21, 2012

 

 

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New Orleans-

2012 MARDI GRAS PARADE LINK FAT TUESDAY

 

MARDI GRAS DAY- February 21--HAIL REX KING OF CARNIVAL!
8:00 a.m. - Zulu
10:00 a.m. - Rex –MARDI GRAS 2012 BEST PARADE PICK
10:00 a.m. - Argus
10:00 a.m. - Elks Orleanians
10:00 a.m. - Crescent City
10:00 a.m. - Krewe of Jefferson
10:00 a.m. - Elks Jeffersonians

HAPPY MARDI GRAS!!!!!!!!!!!

 

LOCAL BREAKING NEWS

Federal Grand Jury Focused On Former New Orleans Mayor Ray Nagin

A grand jury is focusing efforts on whether city vendors gave the mayor kickbacks from plane tickets to materials and equipment for his family's granite countertop firm Stone Age LLC which Nagin founded with his two sons in 2005 and also helped the firm land an exclusive installation deal with retailing giant Home Depot while Nagin was in office according to several sources close to the probe. The firms hushed deal landed them the contract to be the exclusive installer of granite countertops for four local Home Depot stores at a time when City Hall was negotiating the sale of land to Home Depot for a new store in Central City. Federal investigators are trying to determine whether Larry Laseter a former vice president for The Home Depot who oversaw the sale of special orders for the massive home services retailer played a role in getting Nagin the work. In 2007 months after Stone Age got the Home Depot contract Laseter left Home Depot.

The federal is investigation is probing Nagin along three parallel tracks.
Part of the investigation questions whether Nagin broke any laws when he and his family took a 2004 trip to Hawaii. Payment for the trip was established in court documents and sworn testimony to have been purchased by former city technology vendor Mark St. Pierre who is now serving a 17 year prison sentence for bribing the city's former chief technology officer Greg Meffert. Furthermore, St. Pierre arranged a private jet and then paid for first class airfare so the Nagins could vacation in Jamaica after Hurricane Katrina. He then provided a private yacht and plane tickets to Chicago for the Nagin reelection campaign parties. Press stories and court testimony showed that St. Pierre spent more than $1,000 on landscaping services at Nagin's home in the months after Katrina.

The investigation is also exploring whether a restoration company Home Solutions of America helped the Nagin family firm in return for lucrative city contracts. Nagins relationship with Frank Fradella who was president of the restoration company comes into question as HSOA was a leading countertop vendor for Home Depot. Nagin during his second term met often with Fradella and attended Fradella's wedding according to his public calendar. The Nagin firm received the contract from Home Depot in April 2007. Meanwhile, Home Solutions landed big city contracts estamated at fifty million dollars for repairing the roof and inside of the terminal and concourses at Louis Armstrong International Airport, rebuilding sidewalks in the French Quarter and restoring the storm damaged French Market stalls. The restoration company also got lucrative recovery work at several public schools and was hired to rebuild kitchens at Orleans Parish Prison.

In addition the federal government contends Nagin illegally received
deliveries of free granite or equipment to Stone Age by several city vendors. Investigators are trying to determine whether some of those deliveries were made by or on behalf of a Home Solutions subsidiary called Cornerstone Building & Remodeling of Fort Myers FL and if other deliveries came from other city contractors. Anthony Leeber Jr., Cornerstone's founder said that after Home Solutions bought his firm Fradella pushed him out and systematically liquidated Cornerstone's inventory sending some of the equipment to Stone Age. Leeber said that from the moment Fradella acquired Cornerstone in 2005 for shares of Home Solutions stock that would soon become worthless Fradella called the shots. By 2006 Leeber was out entirely and it was some time after that that some of his materials were provided to Nagin's firm.

Business person Aaron Bennett who recently plead guilty to bribing Plaquemines Parish Sheriff Jiff Hingle and Meffert who plead guilty to corruption charges in another case are reportedly cooperating with the federal investigation on the Nagin case. Both Nagin attorney Harry Rosenberg and U.S. Attorney Jim Letten declined to comment concerning the probe at this time.

We will continue to report more on this developing story.

36th Annual Ben Smith Award Gala

Please join the ACLU of Louisiana on Saturday, March 10, 2012, at 6pm when we honor civil rights activist Don Hubbard, a leader of the desegregation efforts in Louisiana. This award honors people who have demonstrated a commitment to the advancement of civil liberties in Louisiana. It is named for the late Ben Smith a founder of the ACLU of Louisiana and a civil rights lawyer who was arrested for his work to end segregation and for participating in mixed-race gatherings. A gala dinner honoring Mr. Hubbard will be held on March 10 2012 at the New Orleans Marriott at the Convention Center in New Orleans. The keynote speaker will be journalist and author James Ridgeway who has written for the Wall Street Journal, the Village Voice, Mother Jones, and many other magazines and newspapers. For ticket inofrmation call 504-522-0617 or click this link 

Tragedy Kills Local Gay Community Member & Father

A Mardi Gras tragedy strikes involving two Norco residents on a hurried outing for the perfect king cake for their family. The driver apparently drew upon his knowledge as a former Kenner police officer tried to get around the heavy afternoon traffic near Louis Armstrong International with his son riding along and needing to get back to work at a local hotel. Pulling off the beaten path and onto a private shell road known mostly to some airport employees and Jefferson Parish law enforcement officials just off Airline Drive. Kenner police reported that the road is not open to the public and that the former officer wasn't supposed to be accessing the service road owned by the East Jefferson Levee District. Officials released the names of the two Norco men killed in the accident with an Amtrak train in Kenner after advising family members. Father Emmett Barreca, 56 and his son James Barreca 32 who was an active GLBTQIQ community member and loved by many at the New Orleans Metropolitan Community Church died when the passenger train hit their Jeep Liberty as it tried to cross the track. The train pushed the SUV into a ditch parallel to the tracks and both men were pronounced dead at the scene. There are signs indicating a railroad crossing at the intersection but no crossing arm. Police confirmed that the train sounded its siren before it crossed the intersection. Amtrak spokespersons said the train bound for New Orleans from Chicago with sixty three passengers and eight crew members had reported no injuries.

National-

 

Whitney Houston Remembered

Whitney Houston is being laid to rest at a private ceremony in a New Jersey cemetery in Westfield where her father was interred in 2003. Onlookers were gathering along the route to her gravesite as the police escorted motorcade headed toward it and the hearse carrying her casket entered the cemetery. The pop star was mourned at a funeral Saturday at the church in Newark where she sang in the choir as a child and is remembered as a "sweet miracle" and one of the greatest singers in the world. The invitation only service featured a tribute by some of the biggest names in music including Stevie Wonder and Alicia Keys. Kevin Costner and music mogul Clive Davis were among those who spoke. Whitney Houston's friends and family joined the music and film celebrities and hundreds of mourners packed the aisles of New Hope Baptist Church in Newark.

In his remarks music producer Clive Davis Houston's longtime mentor called the singer a "natural genius" in interpreting songs. "You wait for a voice like that for a lifetime" he said. "You wait for a face like that a smile like that a presence like that for a lifetime. And when one person embodies it all well it takes your breath away." Davis also referred to himself as a Houston's "industry father" and remembered her as a dear and loyal friend. "I loved her very much. Whitney was purely and simply one of a kind" he said. "Yes she admitted to crises in her life. Yes she confessed to Oprah about her … battles. But when I needed her she was there. She was there for me an eternally loyal friend. Davis also shared details of a private conversation he had with Houston just before she died in which the singer hinted at plans of a large comeback."... last week Whitney came to my hotel bungalow alone no bodyguards no security just Whitney and me. And she played her new cuts from Sparkle for me and I played some new music that I liked for her. It was like old times and she looked at me and quietly said "I want you to know I’m getting in shape. I’m swimming an hour or two a day and I’m committed to get my high notes back no cigarettes plenty of vocal exercising Clive I’ll be ready by August."

Kevin Costner Houston's costar in the Hollywood blockbuster film The Bodyguard said she was "as beautiful as a woman could be.""Whitney returns home today to the place where it all began and I urge us… to dry our tears suspend our sorrow and perhaps our anger just long enough... just long enough to remember the sweet miracle of Whitney" Costner said.

Houston passed in Beverly Hills California on Saturday February 11 at the age of 48. No cause of death has been determined.

 Link To A Very Special Story From A Close Friend Of Whitney's: LINK

Maryland One Step Closer

Cheers from a packed chamber gallery in Annapolis were heard as Maryland’s House of Delegates approved by a measure to legalize same sex marriage 71-67 moving the state closer to becoming the eighth state to offer full marriage equality for its gay and lesbian citizens. The state Senate in next to consider the bill that chamber handily passed a similar bill last year and is widely expected to do so again. Passage in the House sets the stage for the measure to be signed into law by Gov. Martin O’Malley (D) a supporter of marriage equality who has lobbied fervently for the bill and who has made it a legislative priority for this year. “ The House of Delegates voted for dignity” O’Malley posted to twitter. “Love is an inalienable right.”

Maryland GAY Marriage Supporter Dick Cheney

 Dick Cheney is part of a lobbying campaign to convince at least one Maryland state lawmaker to back marriage equality acorrding to the Baltimore Sun. Since leaving the vice president's office Cheney has been increasingly vocal in his support for same sex marriage but the extent of his engagement on the issue was not previously well known. The Sun storyfocused on the fight in the state over Gov. Martin O'Malley's (D) bill to legalize gay marriage. It revealed that Maryland Del. Wade Kach (R-Baltimore) had been offered to chat with Cheney ostensibly to convince him to support marriage equality.

Kach (R-Baltimore) had been widely expected to vote against the legislation. He told the Sun that he changed his mind and decided to support it after hearing testimony from committed same-sex couples during a hearing last week, which went on for nearly 11 hours. In addition, Kach received pressure from high profile national Republicans. He also became the target of a last minute lobby effort and said his voice mail was full of messages from important people including former Republican National Committee chair Ken Mehlman New York City Mayor Michael Bloomberg and an offer to talk with former Vice President Dick Cheney whom Kach regards as a "great man." All three are recognized for their support of gay rights issues.

"I don't know if this report is true, but it wouldn't surprise me if it is," said Jimmy LaSalvia, cofounder and executive director of the pro LGBTQIQ rights group GOProud. "Vice President Cheney who owns a home in Maryland has always said that the states should decide this issue and that the federal government shouldn't have a policy regarding marriage. He has also stated that he is in favor of same sex civil marriage." A high profile Republican close to Cheney stated that they had not heard about the former vice president's involvement. Another source close to Cheney pushed back against the report. Cheney's office was not immediately available for comment. Cheney has for years been one of the most prominent Republican supporters of same sex marriage. "I think that freedom means freedom for everyone. As many of you know one of my daughters is gay and it is something we have lived with for a long time in our family. I think people ought to be free to enter into any kind of union they wish. Any kind of arrangement they wish," he said in 2009 placing him in the rare position of being more progressive than President Barack Obama on a policy issue.

If the Maryland General Assembly approves O'Malley's legislation the state would become the eighth to legalize marriage equality.

NC Gay Man Fired

The popular music director Steav Bates Congdon at St. Gabriel Catholic Church in south Charlotte lost his job last month for marrying his longtime partner in New York one of seven states to recognize same sex marriages. Under a recent Supreme Court ruling the firing appears legal. North Carolina doesn't recognize same sex unions. Voters will decide in May whether to add a constitutional ban.

The Catholic Church considers homosexual behavior a sin and Bishop Peter Jugis who heads the Diocese of Charlotte and is the spiritual leader of Catholics in a 46 county area has been a strong supporter of legally restricting marriage to a man and a woman. St. Gabriel is one of the largest Catholic congregations in the state. Bates Congdon 61 a former Methodist minister and now an Episcopalian joined the staff in 2004. Parishioners say he's been open about his sexual orientation since his first job interviews. Bill Bates Congdon his partner of 23 years soon became a familiar figure around the music program and eventually joined the hand bell choir.

On October 15 with several St. Gabriel members on hand the pair said vows at a state park on the shore of Lake Ontario in upstate New York. Then Steav Bates Congdon returned to work. On January 19 just back from a honeymoon trip to Mexico followed by an emergency stay at Carolinas Medical Center for a ruptured appendix he checked out of the hospital and dropped by St. Gabriel. There he was handed a note by the Rev. Frank O'Rourke the pastor with whom he had closely worked for more than four years. It read: "Employees of St. Gabriel ... are expected to live within the moral tradition of the Church. ... Your civil marriage stands in direct opposition to the teaching of the Catholic Church therefore ending your employment with us effective today." When asked to give comment of the firing O'Rourke referred all questions to diocesan spokesman David Hains who in a statement wrote "Mr. Congdon's 'civil union' is a public statement in direct opposition to the teaching of the Catholic Church on marriage as a lifelong exclusive covenant between one man and one woman."

Bates Congdon who has produced music for Catholic churches for some 30 years says he told O'Rourke about his wedding plans within days of his June proposal to Bill "because I didn't want him blindsided." He recalls O'Rourke's response 'Congratulations I'm very happy for you. But I can't give you my blessing.' "I wouldn't ask you to" Bates Congdon says he replied.

Now Bates Congdon wonders why his boss and friend didn't warn him of any problems "why didn't he pull me aside and say ' This is a really bad idea.' "Had O'Rourke raised any concerns Bates Congdon says "Bill and I would have pulled the plug and postponed it until some time when it wouldn't have mattered like in retirement.

"This was never about activism or forcing the church to make a stand or even Bill and I making a stand. It was for the sheer joy of celebrating the fact that we could get married that we decided we would."Some St. Gabriel members particularly those in the music program have been left saddened and angered by the move. Bates Congdon they say expanded and significantly improved the music ministry while never flaunting his sexual orientation or his relationship. Bill Collins a longtime choir member says his family has left the parish over the firing and may go outside the diocese to find a new church. "I need a community that's compassionate beyond its rules" he says. "I need a leadership with compassion not a leadership that simply talks about it then acts otherwise." Cate Stadelman a church member and choir singer for almost 25 years says she has been back to St. Gabe's only once since Bates Congdon's firing to help him pack. She says she doesn't know if she'll return. "It's the injustice of it" says Stadelman who was on the search committee that recommended Bates Congdon and with her husband Tom was a member of his wedding party. "The church doesn't recognize this marriage. The state of North Carolina doesn't recognize this marriage. What changed from Oct. 14 to Oct. 15? "And then there's the fact that this has absolutely no bearing on his ability to do a fabulous job."

Brett Denton a member of the parish council calls Bates Congdon's departure regrettable but says the decision by the religious leaders was made "carefully thoughtfully and prayerfully." "It was something that was necessary because (the marriage) was opposite to the teachings of the church" he says "and that led to a parting of the ways."

Bates Congdon's departure closely followed a January11 ruling by a unanimous U.S. Supreme Court that gives churches and their schools broad powers over ministerial employees. Under the court's decision churches receive "a ministerial exception" that protects them from government say on whom they hire for their spiritual missions. A lower court ruling in 2000 involving a Catholic church in Raleigh said music directors are part of a church's ministerial staff because music is an integral part of worship.

Hains says the timing between the ruling and the firing is coincidental. He added that the decision also had nothing to do with Jugis' support for the proposed marriage amendment. The bishop played a role in the personnel matter just what is unclear. Asked if Jugis had ordered the firing Hains said "Employment decisions for parish based employees are made in the parishes." It's not known if the diocese has made similar moves using the same grounds. In 2010 a lesbian who taught theology for 28 years at a Denver Colorado Catholic church was fired after she placed an ad on Match.com. Hains says church employees here are not screened for sexual orientation nor do churches delve into private relationships. Bates Congdon's case he says involved a "public declaration" contrary to church teachings. In taking the job at St. Gabriel Hains says Bates Congdon agreed to abide by the diocese's "Principles of Ethics and Integrity." It states that employees "must respect appreciate and uphold the teachings principles legislation policies and traditions of the Roman Catholic Church in both word and example." Asked why so much time passed between the wedding and the firing Hains said "Decisions such as this one are not made in haste and the parish wanted to take the time to consider what the appropriate action should be."

John Gresham a Charlotte attorney specializing in workplace issues says state and federal laws do not offer Bates Congdon protection. "It is interesting that it was all right for him to 'live in sin' " he says. "But when he got married it became a firing offense." St. Gabriel will continue to pay his $60,000 salary and insurance premiums through June. Bates Congdon who was diagnosed with Parkinson's disease 15 years ago faces surgery for the problem that hospitalized him last month. Afterward he hopes to find another job.

He proposed to Bill in June moments after the New York legislature approved that state's same sex marriage law. He was watching the vote live on his computer in the backyard of their Waxhaw home. He popped the question on Facebook Bill, 47 asleep on the couch didn't respond. The next morning Steav walked into the bathroom. There on the mirror was written the word "Yes." It's still there today. They decided to marry after all this time together because they wanted their relationship Steav says "tied up in a bundle that was both legal and sacred. "We told I believe the term is everyone."

He says O'Rourke was one of the best bosses he ever had and while he still doesn't understand the timing of his firing he appreciates that the priest "told me why." "When you have years of sexual scandals in the Catholic clergy and nothing is addressed everything is left to rumor and speculation. Father Frank whether intentionally or not spelled it out." Only once he says did his sexual orientation become a parish issue. It occurred in 2006 after Bates Congdon started a youth choir which was a goal of his job description. A parish member wrote to then pastor Ed Sheridan expressing discomfort that Bates Congdon was leading the youth group while also serving as artistic director of the city's One Voice Chorus made up of gay and lesbian vocalists. The parishioner who asked that his name not be used and declined to speak about the firing said he didn't approve having the children under Bates Congdon's tutelage. He said he also felt the director's role with the gay chorus put the church in an inappropriate position. In 2006 Sheridan wrote back that his music director had already arranged to have a female assistant present during all youth practices. The priest went on "Your note implies the concern of whether Steav is gay or not. As you know there is a question on this issue in the church whether it impacts priests lay people etc. I know that we do not judge individuals and we do not have adequate information to make any judgment." Later the priest asked Bates Congdon to end his affiliation with One Voice which he did.

Collins the choir member says the director's sexual orientation made some music program members uncomfortable. "Certainly it didn't bother them enough to not participate because they loved the music and their appreciation of his leadership and talent overcame any discomfort." The uncertain future of the music program "has left this great hole" says fellow choir member Stadelman. "I'm hearing other people say the same thing. They feel adrift." O'Rourke sent an email to choir members inviting them to the church this Thursday night for "dinner and discussion." "I hope this ministry will continue to nourish our parish" he wrote. He did not mention Bates Congdon. Friday afternoon for the first time St. Gabriel's full congregation received complete details about the firing of their music director and organist. O'Rourke sent out another email alerting parishioners to media coverage of the story. It included a memo by Hains which detailed the reasons Bates Congdon was let go. "This may be a challenging time for our parish" O'Rourke said. "As Catholics we are called to prayer in situations like this prayer for all individuals involved for ourselves and for our community. Join me in praying 'Lord make us instruments of peace.'

Washington Is 7th State !

Govenor Chris Gregoire handed gay rights advocates a major victory Monday signing into law a measure that legalizes same sex marriage in Washington state making it the seventh in the nation to allow gay and lesbian couples to wed. Gregoire signed the bill surrounded by gay rights supporters. "I'm proud our same sex couples will no longer be treated as separate but equal" she said. It's a historic moment for the state but same sex couples can't walk down the aisle just yet. The law takes effect June 7 but opponents on multiple fronts already are preparing to fight. The state reception room at the Capitol was packed with hundreds of gay rights supporters and at least 40 lawmakers from the House and Senate to watch Gregoire sign the bill. Sen. Ed Murray a Seattle Democrat who is gay and has sponsored gay rights legislation for years told the cheering crowd "My friends welcome to the other side of the rainbow. No matter what the future holds nothing will take this moment in history away from us. "The House passed the bill on a 55-43 vote and the Senate approved the week before. As the Democratic governor signed the legislation a man shouted "Do not betray Christ!" However his voice was overwhelmed by gay marriage supporters who cheered and spoke loudly during his outburst. Bob Struble 68 of Bremerton was removed from the room and said he was given a warning by security. Struble said he believes the state will halt gay marriage in a public vote. Struble said later "We'll be doing everything we can to overturn this unfortunate law." Audrey Daye of Olympia cried as she watched Gregoire sign the bill into law. Daye who grew up with two moms brought her 7 year old son Orin with her to watch the bill signing. "I am so proud that our state is on the right side of history" she said.

The Washington, D.C. based National Organization for Marriage which was involved in ballot measures that overturned same sex marriage in California and Maine has promised to work with Preserve Marriage Washington to qualify the referendum to overturn the new law. A campaign has already formed to fight any challenge to the new law. "Washington United for Marriage" a coalition of gay marriage supporters formed in November to lobby the Legislature to pass the measure and to run a campaign against any referendum challenging it. Same sex marriage also has the backing of several prominent Pacific Northwest businesses including Microsoft Corp. Nike Inc. and Starbucks Corp. Legislative committees in Maryland heard testimony on gay marriage last week and Maine could see a gay marriage proposal on the November ballot. Proposed amendments to ban gay marriage will be on the ballots in North Carolina in May and in Minnesota in November.

NJ Passes Gay Marriage Bill

New Jersey lawmakers gave their blessing to legalizing gay marriage for the first time Monday as the state Senate passed a bill that would allow nuptials for same sex couples despite Govener Chris Christie's insistence that he will veto such legislation. The Senate's 24-16 vote sends the bill to the Assembly which is expected to pass it on Thursday. Mondays vote contrasts with the only other gay marriage vote taken in the Legislature. In January 2010 gay marriage supporters thought they had built a narrow majority in the Senate but senators began to defect, and the measure was defeated 20-14. Since then, Senate President Stephen Sweeney, a Democrat from West Deptford has changed his position. He says he regrets abstaining two years ago and has made gay marriage recognition a top priority.
"It means the world isn't changing, it means the world has already changed" said Steven Goldstein chariman of Garden State Equality the states largest gay rights organization. "So wake up and smell the equality."
Two Democrats and two Republicans went against their party lines in the vote. Sen. Jennifer Beck a Republican from Red Bank voted for allowing gay marriage. "It is my opinion that our republic was established to guarantee liberty to all people" she said. "It is our role to protect all of the people who live in our state." Six states and Washington, D.C. allow gay marriage, and Washington state will be added to that list when Gov. Christine Gregoire signs legislation legalizing same sex marriage Monday.
Christie a Republican, announced his veto intentions last month. He has said he does not believe marriage laws should be changed but does support New Jersey's civil union law which grants gay couples the legal protections of marriage. His veto vow loomed over Monday's proceedings as gay rights activists tried to explain why the vote wasn't moot. Len Deo president of New Jersey Family Policy Council which opposes gay marriage called the vote "an exercise in futility." "It's something we have to go through" he said.
Christie said he wants to put a change in the definition of marriage to a public vote. But gay rights groups oppose a referendum. They see gay marriage as a civil rights matter and argue that it should not be up to the masses to protect the rights of a minority group. They also believe that a nasty campaign from social conservatives could erode the narrow majority of support that public polls show gay marriage has in New Jersey. Gay rights groups are looking at two other avenues to make gay marriage reality in New Jersey. If Christie vetoes the measure, the Legislature would have until January 2014 to override it by getting two thirds of the votes in each chamber. Advocates hope that with nearly two years they can change enough votes to get the legislation passed.
State Sen. Raymond Lesniak a Democrat from Union said that if all lawmakers voted their conscience and didn't gave to political pressure there would be enough Senate votes now to override a veto. The other route is through the courts. Five years ago New Jersey's state Supreme Court ruled that gay couples should have the same rights as married heterosexual couples. In response the Legislature created civil unions.
Gay rights advocates say that because the designation is hard to understand and still treats committed gays differently from married couples the courts should eliminate civil unions and recognize gay marriage. A lawsuit seeking to do that is in the state court system.

Los Angeles Holds Aussie Gay Couple’s Children

News outlets in Australia report that an unidentified gay male couple had their six year old children taken away by child services in Los Angeles while the FBI and Queensland police investigate the couple as possible members of an international pedophile ring. The men say they are victims of prejudice against gay fathers. According to the Courier Mail they believe they are being investigated because three different men they met through social media have been arrested in conjunction with child pornography. The report also indcates that the couple has made a desperate appeal to Australian Foreign Affairs Minister Kevin Rudd to intercede with the LA Department of Children and Family Services or DCFS which took away their 6 year old son when the family was in LA on vacation last October. The parents said DCFS has found no evidence of harm to the child and no charges have been filed against them.
However a report in the Brisbane Times says that DCFS is in possession of a video in which the son is seen “watching a film of pornography with another child and speaking in an explicit sexual manner.” A DCFS spokesperson would not comment specifically about the case but said that no child would be detained without an evaluation that the child was or might be in danger. The boy was born to one of the men through a Russian surrogate in 2005. He has been in foster care for three and a half months. The parents are in LA where a hearing will be held to determine whether the child should be permanently removed.

Proposition 8 Unconstitutional

The U.S. Ninth Circuit Court of Appeals struck a huge blow upholding an earlier ruling that the ballot measure is unconstitutional. The court in blunt language said the ballot measure “serves no purpose other than to lessen the status and human dignity of gays and lesbians in California.”

Prop. 8 was approved by California voters in the November 2008 election. In August 2010 federal judge Vaughn Walker struck down Prop. 8 for violating both the Due Process and Equal Protection clauses of the Fourteenth Amendment. His decision, appealed by Prop. 8 supporters was affirmed in a 2-1 decision by a three judge panel of the Ninth Circuit. “Although the Constitution permits communities to enact most laws they believe to be desirable it requires that there be at least a legitimate reason for the passage of a law that treats different classes of people differently” wrote Ninth Circuit justice Stephen Reinhardt in the panels majority decision. “There was no such reason that Proposition 8 could have been enacted. “…All that Proposition 8 accomplished was to take away from same sex couples the right to be granted marriage licenses and thus legally to use the designation of ‘marriage’ which symbolizes state legitimization and societal recognition of their committed relationships. Proposition 8 serves no purpose, and has no effect other than to lessen the status and human dignity of gays and lesbians in California and to officially reclassify their relationships and families as inferior to those of opposite sex couples.” The three judge panel was composed of justices Reinhardt, Michael Daly Hawkins and Randy Smith, who were appointed by Presidents Jimmy Carter, Bill Clinton and George W. Bush respectively. Reinhardt and Hawkins were in the majority. Smith dissented and wrote in his own opinion that “Ultimately I am not convinced that Proposition 8 is not rationally related to a legitimate governmental interest.”

Reaction was swift from Prop. 8 opponents who celebrated the ruling. “Today the Ninth Circuit Court of Appeals reiterating the California Supreme Court’s 1948 comment in ending the ban on interracial marriage that marriage is a ‘fundamental right of all citizens’ upheld what we have long held to be true and just that no loving couple shall be denied the opportunity to marry in California” said State Sen. Mark Leno D-San Francisco in a prepared statement. Leno is openly gay. “This decision is a monumental victory for same sex couples in California who wish to honor their love and commitment, and provide security for their families, through marriage” Leno said. “It affirms our fundamental freedoms as human beings which for too long have been denied and invalidated.” Gov. Jerry Brown also praised the decision saying in a prepared statement that “The court has rendered a powerful affirmation of the right of same sex couples to marry. I applaud the wisdom and courage of this decision.”

Prop. 8 supporters now are expected to appeal the decision to the U.S. Supreme Court.

Gay Employees Banned By Georgia Baptist University

A Southern Baptist college in Georgia is requiring its employees to sign a new statement acknowledging that they can be terminated for simply accepting homosexuality. Placing LGBTQIQA faculty members at risk of losing their jobs at the faith based school over their sexual orientation.
Shorter University informed its faculty and staff about the newly approved ‘Personal Lifestyle Statement.' The document states that the school will only hire people “who are committed Bible believing Christians,” before then outlining the four “principles of personal conduct” that employees must agree to. Among those principles is one that says staffers will “reject as acceptable all sexual activity not in agreement with the Bible including but not limited to premarital sex, adultery, and homosexuality.” The university warns that violating the policy may result in disciplinary action including “immediate termination.”
A Shorter University employee said he was drawn to the religious institution as a gay Christian and notes sexuality was not an issue when he was hired. But since the announcement he says the environment at school has gotten “more tense” particularly among the colleagues he already knew to be gay. The staffer said “It used to be that you could make friendly eye contact with a lot of people and we knew we were all gay now there’s a lot more averted eyes and a lot more fear of even talking to one another. I am hoping I won’t have to sign the new statement” he is actively searching for another job just in case. But he says depending on the economy he may have to adhere to the school’s new anti gay policy and sign the document.

Texas Man Brutally Attacked At Party

Police in Paris, Texas have arrested three suspects accused of brutally attacking a gay man at a private party. The victim Burke Burnett said that he attended the party with three gay friends. But he says they ultimately left the gathering thrown by a straight friend after his companions complained about overhearing homophobic remarks. The 26-year-old says it was when he returned to the party with a girlfriend that things turned ugly. “At that point I wasn’t there long before I was assaulted brutally with weapons thrown into a burn barrel. I was beaten pretty severely as well as stabbed, burned obviously, and traumatized. I’m lucky to be alive that’s what I’m just most thankful for that I’m here.” Burnett says most of the attendees did nothing to stop the attacks which left him with a number of injuries that he hopes won’t be permanent. The Texan says the assault was particularly surprising because he has been “well received” by the community since coming out at the age of 15. “ I’ve been so fortunate to not experience anything like this before, and so this was just a huge wake-up call for me that ignorance is prevalent and it’s still around. But Burnett says he does not think that the anti gay hatred shown by attackers is not representative of the Paris community as a whole noting that many have rallied behind him.
The Dallas Voice reports that the suspects have been charged with aggravated assault with a deadly weapon and aggravated assault causing bodily injury both are second degree felonies punishable by up to 20 years in prison. Under Texas law hate crimes can elevate the charge by one degree. Meaning a grand jury can still bump them up to first degree felonies that are punishable by up to 99 years in prison. Burnett says he’s certain that he was attacked because of his sexual orientation.

TSA Agrees To Review Guidelines In HIV Settlement Case

The Transportation Security Administration has agreed to reevaluate its medical guidelines for job applicants as part of its settlement in a case involving an HIV positive man denied a position with the federal agency. Michael Lamarre applied online for a job as a baggage screener at a Florida airport in the spring of 2008. After almost a year of vetting, the TSA ultimately rejected Lamarre’s application once he disclosed his HIV status. The government entity said that despite a physician’s approval the Air Force veteran’s health could be compromised while on the job.
So with the help of the American Civil Liberties Union, Lamarre filed a complaint against the TSA saying it was in violation of its own non discrimination policy. The two parties have finally reached an agreement. Lamarre’s attorney Rose Saxe said that while specific terms of the settlement are confidential, the ACLU and the TSA “had a cooperative relationship.” The agency will now review its medical guidelines for prospective employees.
In the meantime, Lamarre says he’s been working at a hair care supplies company that takes him all over South Florida. But he says he may consider reapplying to the agency that started this two year ordeal. “If anything should change with my employment or if I want to not have a job where I travel so much I would love to have that opportunity to look at the TSA. I still feel that this would be a good way that I could serve my country by working in the government working for the government agency. “I am in excellent health and in “better physical shape now than ever before.”
The TSA says it does not automatically disqualify HIV positive applicants for the position Lamarre inquired about adding that they’ve hired such applicants in the past. The agency has agreed to review its guidelines it admits “no wrongdoing or flaws with its policies.” It adds “TSA will continue to ensure all officers hired are capable of performing their duties safely while protecting the security of the flying public.”

Sexual Behaviors Of Gay Men Vary

A new study in The Journal of Sexual Medicine examining the sexual behaviors of gay and bi men finds their bedroom habits are more diverse and less anally focused than many people might guess. The study of sexual practices among men who have sex with men or MSM is among the first to do so without focusing on the risks associated with such activities.
Michael Reece the director of Indiana University’s Center for Sexual Health Promotion. Says that he and his colleagues did not want to conduct their research within the “context of a disease.” “Our team is dedicated to really understanding sexual behavior in its entirety and we believe that the only way we can ever actually deal with sexual health challenges in society is by truly understanding what people do but not through only a disease focused lens. After analyzing online data from about 25,000 men Reece and his team noticed more than 1300 unique combinations of behaviors during a person’s most recent sexual encounter. Among the findings is that less than 40 percent of MSM said they recently engaged in anal sex. And of those that did nearly half reported using a condom. The most common behavior among MSM participants was simply kissing on the mouth. Older men reported higher levels of pleasure while more than 80 percent of all participants said they had an orgasm most often with a relationship partner. Researchers also found that more than 40 percent were sexually engaged with a person they were dating or committed to. They say that shows that MSM are not necessarily less monogamous than straight couples.

Children Of LGBTQI Parents Face Barriers

A new comprehensive report compiled by advocacy and child welfare groups shows that the children of LGBTQI parents face distinct legal and social barriers that may impact their overall well being. The Family Equality Council was one of three organizations that authored “All Children Matter: How Legal And Social Inequalities Hurt LGBTQI Families.” Executive director Jennifer Chrisler said that together the groups found that these kids become “collateral damage” because of social stigma and what she calls “discriminatory and sometimes archaic laws.” Chrisler says such inequalities are not exactly in keeping with the times especially since there are now an estimated two million children of LGBTQI parents. Chrisler says “I think fundamentally one of the things that the report spells out very clearly is both a picture of what today’s modern family looks like especially LGBTQI families and the fact that we need to have our laws and our regulations keep pace with that new reality.
Some of the barriers that Chrisler and her team noticed included financial burdens unique to LGBTQI families like higher costs for health insurance separate federal tax returns and fewer protections in the event of a parent’s death or disability. Also many government safety net programs exclude same sex partners because they use traditional definitions of family. And custody disputes become even more complicated because of the lack of parental recognition. The report offers a few recommendations which Chrisler refers to as a “blue print” for lawmakers and policy leaders. They include revising the tax code broadening the definition of a “family” allowing joint adoption by LGBTQI parents and of course full marriage equality.

GLSEN Releases School Climate Report

A new report conducted by the nation’s leading LGBTQIQ youth advocacy group has found that anti gay bullying and harassment is fairly common during the early years of elementary school. The Gay Lesbian & Straight Education Network released its survey titled ‘Playgrounds and Prejudice.’ It’s based on interviews conducted in late 2010 among a thousand students in grades 3 through 6 and about a thousand K through 6th teachers.
GLSEN’s Executive Director Eliza Byard says the research fills in a “critical missing piece of the picture” about the prevalence of anti gay discrimination throughout a child’s educational experience.
“We decided that we really needed to go in and figure out what exactly was happening and then use that research to design a resource to equip teachers to deal with it.”
Some of their findings indicate that nearly half of all students and teachers regularly hear the word ‘gay’ used negatively like in the phrase “That’s so gay.” Also about a quarter of all respondents say they hear students utter the words “fag” or “lesbo.” GLSEN notes that about 20 percent of student participants regularly hear their peers getting harassed for seeming gay or gender nonconformity.
About 1 in 10 students say they don’t always conform to traditional gender roles which makes them more likely to feel unsafe at school and fall victim to bullying. Meanwhile, less than 20 percent of students said they know anything about LGBTQIA families while less than 40 percent of teachers admit touching on the subject. Sadly less than 50 precent of the adult respondents say they’re comfortable even talking about LGBTQIQ people in the classroom, though 80 percent say they’re fine addressing anti gay discrimination.Only a third of all teachers say they’re personally engaged in creating a safe school environment for their students.

Study Shows GSAs Have Long Term Benefits

A new study from the Journal of Applied Developmental Science has found that students who attend middle or high schools with a Gay Straight Alliance are more likely to have higher levels of self esteem and are more likely to attend college. The Family Acceptance Project examined the school related experiences of 245 LGBTQIQ young adults between the ages of 21 and 25. The survey’ High School GSA's and Young Adult Well Being’ is considered to be the first to show how participating in the LGBTQIQA inclusive clubs can produce long term physical and mental and academic benefits.Family Acceptance Project Director Dr. Caitlin Ryan says “students feel GSA's are especially beneficial when they promote a safer school environment. Earlier research has shown that many LGBTQIQ youth are constantly bullied and harassed on campus because of their sexual orientation. In fact students at Flour Bluff High School in Texas were initially prohibited from starting a GSA despite the fact that such extracurricular groups are federally protected. And a Tennessee student was allegedly assaulted by his principal for wearing a T shirt supporting his school’s GSA. Dr. Ryan says “these incidents further prove that victimization is the underlying issue and GSA's are a part of the solution. When a school climate is more supportive students do better they feel better they have higher grades and clearly their later lives are much more satisfying and productive as well.
In addition to forming GSA's Ryan is also suggesting that schools include gay friendly curriculum implement anti discrimination policies and offer LGBTQIQA competency training for personnel.

Toolkit Helps DADT Service Members

The Service Members Legal Defense Fund a gay service members advocacy group is launching a new online toolkit that will help LGBTQ veterans change their discharge paperwork. Announcing its effort assisting troops discharged either under ‘Don’t Ask Don’t Tell’ or the military’s prior ban on gay service SLDN Legal Director David McKean shares that “the Defense Department released guidance shortly after ‘Don’t Ask Don’t Tell’ repeal that provides a pathway for changing one’s service documents.” His group is now working to get as much information as possible from discharged service members to help them apply for the necessary upgrades. He went on to say, “With the toolkit, we hope to streamline some of that process, and we hope to get the word out to everybody who could be eligible that if you have things on your discharge paperwork that you don’t like and you don’t want there anymore. It’s the case now that we can have that changed for you or apply to have that changed for you.”
Among the changes are upgrading one’s discharge characterization from “less than honorable” to one more reflective of their service. Another includes allowing LGBTQ troops to update their narrative reason for discharge. McKean adds “for those dismissed under ‘Don’t Ask Don’t Tell,' it would mean changing it from “homosexual act” to a more generic “secretarial authority.” And they can also try to replace their negative “reentry code” with one that allows them to reenlist.” Once service members provide SLDN with the necessary paperwork to apply for these changes the group will send the materials to the appropriate board for processing. So far McKean says about a hundred applicants have utilized the new toolkit. But he estimates that changes to one’s paperwork are not guaranteed.

International-

Russian Activist Resigns From Movement

The combative hero of Russian gay activism Nikolai Alekseyev abruptly resigned from his two jobs within the movement. 34 year old Nikolai Alekseyev has been called the ‘Harvey Milk’ of Russia. Since 2005 he’s been battling Moscow government officials to stage an officially sanctioned Gay Pride march. Every year they’ve refused even after Alekseyev scored a major victory last year when the European Court of Human Rights fined the government 40 thousand dollars for violating the LGBTQIQ community’s right to hold a peaceful demonstration. And when Alekseyev and his followers have marched anyway police batons and attacks by right wing thugs have each year been the result.
Last year Alekseyev reported being briefly kidnapped and pressured by his shadowy captors to withdraw the Human Rights complaint. Even so it was a surprise when Alekseyev announced by Facebook and Twitter on Friday that he was quitting as head of the Moscow Pride Organizing Committee and the group GayRussia dot R U. In a follow up email to UK Gay-News he wrote “It is true that I am fed up and that is why I decided to step down and I decided not to give any further comments on my decision.”
It’s unknown whether other controversies embroiling the volatile Alekseyev played a role. In March a flap over allegedly anti Semitic remarks Alekseyev posted on Facebook led to the cancellation of the Southern California leg of a U.S. speaking tour. And in May he stormed off the set of a live TV debate in Russia complaining the host was slanting the show against him.

Push To Abolish Gay Panic Defense

In New South Wales there is a new push to abolish the so called gay panic defense.
The Beat Project NSW has established a petition on the Change.org website calling on the NSW Attorney General to amend the laws.
It follows the Queensland Government’s announcement it would remove the gay panic defense following an online campaign through the same website by Maryborough Catholic priest Father Paul Kelly. “We would like to see the abolition of gay panic and homosexual advance defenses being used for provocation” Beat Project NSW coordinator Richard said. “Obviously the laws do have other applications. But the idea that panic resulting from a man making a sexual advance on another man is somehow a defense for killing a person is just plain wrong.”
In NSW a person who claims they were provoked so that they lost self control can be found guilty of manslaughter instead of murder under Section 23 of the NSW Crimes Act. A person who kills someone when they believed their conduct was necessary to defend or free themselves from unlawful deprivation of their liberty can also argue a partial defense under Section 421.
Both defenses have been used by people who have killed gay men alleging their victims made sexual advances towards them that made them feel threatened. Excessive self defense was accepted in the trial of the teenaged killer of intellectually disabled gay man Gerard Fleming, who was stabbed in the side and heart in a public toilet in Narrabeen in 2007. Despite using a knife that needed to be unfolded the 16 year old claimed he stabbed Fleming to free himself after Fleming approached him with his pants down and pinned his arms in a bear hug. The boy was given a three and a half year non-parole period prompting questions from both Sydney MP Clover Moore and the Reverend Fred Nile. After Queensland amends its laws NSW will be the only state to retain such a defense although similar defenses are available in South Australia under common law.
An Attorney General’s Department working group convened to study issues around “homosexual advance defense” recommended the exclusion of a non-violent homosexual advance from forming the basis of the defense by provocation in 1998. However no Attorney General has moved to follow that recommendation.
Change’s Australian director Nick Allardice said it was fantastic people were being inspired to start their own campaigns following the success of other petitions.
“It was incredible to see the impact of Father Paul’s Queensland campaign and we hope to see many more campaigns tackling issues of discrimination and injustice” Allardice said.