A federal judge in Massachusetts sided with gay and lesbian advocates by ruling that the Defense of Marriage Act (DOMA) violates the constitutional rights of same-sex couples legally married in their state. It's the start of a long battle that will likely end up in the Supreme Court and eventually provide equality not only to US citizens but allow US citizens and permanant residents to sponsor their same-sex non-citizen partners.
I listen to the Brian Lehrer Show almost every morning on WNYC (the New York City affiliate of National Public Radio) and I'm a huge fan of Brian's, so I was excited to get a call from one of his producers inviting me to the Greene Space on June 23 to participate in a panel discussion with a live audience on the 40th anniversary of the Stonewall riots and the future of the LGBT movement (From Stonewall to Gay Marriage, 6/23/09).
Because there were so many people on the panel, I only managed to get in three sentences during the whole segment. But Brian had me back on the show for a solo appearance on June 26 to talk about transgender rights (Follow-Up Friday: Transgender Rights and Cell Phones and Planes, 6/26/09). In the course of the 20-minute interview, I took the opportunity to talk about the need for enactment of the Gender Expression Non-Discrimination Act (GENDA) as well as the Dignity for All Students Act (DASA) -- both of which are pending in the exceptionally dysfunctional New York State Senate. In addition to pending state legislation, Brian and I discussed local issues, including the failure of the openly lesbian New York City Council Speaker Christine Quinn to support a progressive and LGBT-inclusive legislative agenda in the City Council.
Chris Quinn represents the 3rd Council district, which includes Greenwich Village and Chelsea. Quinn is facing a strong challenge by another 'out' lesbian, community activist Yetta Kurland. More about that race later.
Almost one year ago, the US Senate voted against the HIV ban. On July 20, 2008, President Bush "signed the re-authorization of the President’s Emergency Plan for AIDS Relief (PEPFAR), which included a provision eliminating the HIV ban from the Immigration and Nationality Act." (Immigration Equality, 1/14/2009).
Today, the Department of Human and Health Services (HHS) finally published its proposed regulations to lift the HIV travel and immigration ban in the Federal Register for a 45-day period of public comment.
It has certainly taken a long time and a lot of lobbying effort to reach this monumental point: when the HHS finally published its proposed regulations, before issuing the final regulations -- the day when all HIV-infected individuals will not be discriminated against from entering the country. Please respond to the HHS with your supportive comments.
We continue to thank and applaud Immigration Equality for their dedicated commitment to end this discrimination against all HIV-infected individuals. Kudos!!!
President Obama will sign a memorandum today to extend benefits to same-sex partners of federal employees. This according to The New York Times, which is also reporting that Obama will stop short of pledging full health insurance coverage. The reason? Broad coverage "could require legislation." Under mounting pressure from gay rights leaders and the community at large, this is a small gesture of goodwill, but according to Richard Socarides, a former Clinton administration adviser, "more important now is what he says tomorrow about the future for gay people during his presidency." Several states have legalized same-sex marriage in recent months, but the "Don't Ask, Don't Tell" debate seems bogged down by the reluctance of both the U.S. Military and the president to take action. And a Department of Justice legal brief defending Clinton's shameful Defense of Marriage Act was a slap in the face to voters who elected Obama under the assumption that he would keep his promise to repeal both DOMA and Don't Ask, Don't Tell. It's clear to me that Obama is playing a careful game of politics, and we certainly shouldn't begrudge his attempt to maintain his mainstream popularity, but the gay community deserves more than crumbs. Justice delayed is justice denied.
There’s a raft of life-changing civil rights just waiting to be won by the Gay, Lesbian, Transsexual, Bisexual movement in America and we need the President we helped elect to step up.
Now.
The tipping point, the Year One watershed that startled almost as many gay people as straight ones by its passing, was the Prop 8 amendment in California last November. Recriminations about how or why this happened have their place, but here’s the result: overnight 18,000 previously legal same sex marriages entered a new an unprecedented legal limbo, and all future same sex marriages were indefinitely postponed.
That this was happening on the same night Obama was elected made it feel like living in two separate Americas simultaneously, like watching the last scene of two Shakespearean dramas, with startlingly different outcomes, superimposed, one over the other. It sucked.
Yesterday, New Hampshire became the sixth state in the union to allow same-sex marriage. The new legislation, passed by the state House and Senate and signed by the governor, will take effect on January 1st, 2010. In celebration of each new victory and as a reminder of how far we still have to go, Big Queer has decided to start tallying the states that legalize gay marriage with our Big Queer Map.
States that allow gay marriage: Massachusetts, Connecticut, Iowa, Maine, Vermont and New Hampshire.
Yesterday, Barack Obama issued a proclamation acknowledging Lesbian, Gay, Bisexual, and Transgender Pride Month, something the previous president once refused to do. In Obama's statement, he once again committed to "achieving equal justice under law for LGBT Americans," acknowledged that the gay community "mobilized the Nation to respond to the domestic HIV/AIDS epidemic," acknowledged himself for being "the first President to appoint openly LGBT candidates to Senate-confirmed positions in the first 100 days of an Administration" and for supporting the decriminalization of homosexuality around the world, and repeated his promises to expand hate crime legislation, ensuring adoption rights, ending the U.S. Military's inane "Don't Ask, Don't Tell" policy, and supporting civil unions (but not equal marriage). To date, the Obama administration has failed to follow through with any of those commitments, nor has the president succeeded at undoing George W. Bush's 11th hour ban on all international visitors to the United States who are HIV positive, but we can hope that his proclamation is one small step toward fulfilling his campaign promises to our community. We can all help make this happen by speaking out, writing letters, and otherwise being vocal about what we expect from our government and its leaders.
"...any movement by an oppressed group to gain equal rights can only go so far until members outside the oppressed group begin to ACTIVELY campaign for the group's rights." When I wrote that line in July 2006 I was voicing my frustration or maybe even outrage that more straight folks were not more actively involved in the struggle for equal marriage but today I'm a little less frustrated.
While the struggle continues, we've made some great progress recently and there's a big push to pass equal marriage in New York among a diverse group of ACTIVELY involved heterosexuals.
The couple in the video have become actively involved in the fight for marriage equality and might just be a sign that there's no turning back. As I wrote in 2006 in comparing the fight for marriage equality with civil rights marches in the 1960s, "And one might argue that once non-blacks and blacks began marching hand-in-hand there was no turning back. A visible tide tide had begun to turn in support of major changes at least in terms of the laws of the land."
The active involvement of heterosexual couples like the one in the video will ultimately serve to ensure that all people are treated equal because when anyone group is not treated equally everyone's equality is in jeopardy.
If you're on Facebook or Twitter, you were no doubt inundated with pithy responses following yesterday's announcement that California's Supreme Court upheld Proposition 8. Some of my favorites: "California can suck it," "Shame on them!," "Fuck California," "SO over California," ":(," and my personal favorite, "Ha ha, California. Iowa is more liberal than you. Epic fail." It's that last one that seemed to make the most sense to me. Yes, this was another setback in the fight for marriage equality in the country's most populace state, and the court's logic that last November's referendum doesn't fundamentally alter equal rights under the state Constitution but simply amends it is flawed. The judgment creates a legal class of citizens (to say nothing of creating a special class of gay citizens who are allowed to remain married), denies equal protection, and plainly contradicts the language of the Constitution. But my friend's admittedly unemotional observation points to the fact that even if the people and legal system of California are still struggling with this no-brainer issue, Prop 8 and the subsequent fallout have created a wave of progress for gays and marriage equality in the U.S. The Northeast is where our founding fathers conceived and composed the nation's Constitution and Bill of Rights, and it's now where real progress is being made on this front, with older and wiser states Connecticut, Massachusetts, Vermont, and Maine having all recognized gay marriage, and New York and New Hampshire close behind. It won't be California, that bastion of so-called liberalism, that's going to pave the way.
On the same day that yet another New England state, New Hampshire, inched closer to allowing same-sex marriage, a representative from another state, North Carolina, reminded us of the ugly bigotry that still pervades our great country. Rep. Virgina Foxx took to the floor of the House of Representatives during a debate on the expansion of hate crimes legislation and said the following: "The hate crimes bill that's called the Matthew Shepard bill is named after a very unfortunate incident that happened where a young man was killed, but we know that that young man was killed in the commitment of a robbery. It wasn't because he was gay. This--the bill was named for him, hate crimes bill was named for him, but it's really a hoax that continues to be used as an excuse for passing these bills." Not only were her statements patently untrue, and not only was her use of the term "we" a glaring reminder of how and why the Republican brand has become synonymous with intolerance and ill-conceived rhetoric, but Foxx performed her obscene, cruel and pathetically out-of-touch diatribe in front Shepard's mother, Judy Shepard. The perpetrators of the "very unfortunate incident" of Shepard's brutal murder admitted that they killed the gay 21-year-old in 1998 because he was homosexual, and for that they were sentenced to life in prison without parole. As Salon's Joan Walsh said on Hardball with Chris Matthews last night: It's Rep. Foxx that's the hoax.
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