Gay incident reopens Salt Lake City’s Main Street plaza wounds
It’s the wound that won’t heal. The rift that won’t close. And earlier this month, two gay lovers’ purportedly innocuous late-night kiss — though LDS Church officials insist it was far more amorous than that — ripped it wide open. Utah’s simmering religious divide boiled over — once again — at the geographical and philosophical intersection of church and state: the Main Street Plaza in downtown Salt Lake City. “It is a scab that will continue to be peeled away — and may never heal,” says Dani Eyer, the former ACLU director who fought to preserve First Amendment rights on the plaza. Matt Aune and Derek Jones say they held hands, kissed and then squabbled with security guards on the LDS Church-owned square. Salt Lake City police issued a ticket for trespassing. In protest, supporters of the couple staged a “kiss-in” last Sunday outside the plaza and plan another such demonstration today. The LDS Church — a faith to which 60 percent of Utahns belong — defended its right to regulate “inappropriate behavior” on the plaza. “What we’re seeing now is a manifestation of what should have been obvious from the very beginning,” says former Salt Lake City Mayor Rocky Anderson. “This block of Main Street never should have been conveyed to the LDS Church. It was a recipe for ongoing resentments between the LDS Church and those who are not members.” The church bought the strip of Main — from North Temple to South Temple — in 1999 after then-Mayor Deedee Corradini and the City Council, with the only two non-LDS members dissenting, signed off on the $8.1 million deal. But the controversy burned for five more years as federal courts were asked to settle the prickly issue of whether the church could govern expression on the plaza and whether the city could retain a public right of way (as outlined in the original deal). “It was meant to be for everybody,” Eyer says. “Where people come and go their constitutional rights go with them.” After a 10th U.S. Circuit Court of Appeals ruling in 2002, First Amendment activities returned to the plaza. But demonstrations by anti-Mormon protesters — including cries of “whore” and “harlot” hurled at newlywed brides — “sustained divisions” that “reached to the point of hatred” between Mormons and non-Mormons, Anderson says. In the end, he agreed to trade the public easement for cash and LDS land to build a west-side community center.
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ACLU Sues To Stop Tennessee Schools From Censoring Gay Educational Web Sites; Filtering Software Allows Anti-Gay Sites
NASHVILLE, TN – The American Civil Liberties Union and the ACLU of Tennessee sued two Tennessee school districts in federal court today, charging the schools are unconstitutionally blocking students from accessing online information about lesbian, gay, bisexual and transgender issues. Metropolitan Nashville Public Schools, Knox County Schools and as many as 105 other school districts in Tennessee use Internet filtering software to block Web sites containing pro-LGBT speech, but not Web sites touting so-called “reparative therapy” and “ex-gay” ministries. The “LGBT” filter is not used to block sites containing pornography, which are filtered under a different category, but it does block the sites of many well-known LGBT organizations including Parents, Families, And Friends of Lesbians and Gays (PFLAG), the Gay Lesbian Straight Education Network (GLSEN) and Human Rights Campaign (HRC).
“Allowing access to Web sites that present one side of an issue while blocking sites that present the other side is illegal viewpoint discrimination,” said Catherine Crump, a staff attorney with the ACLU First Amendment Working Group and lead attorney on the case. “This discriminatory censorship does nothing to make students safe from material that may actually be harmful, but only hurts them by making it impossible to access important educational material.”
The school districts block the Internet filtering category designated “LGBT,” which includes sites that “provide information regarding, support, promote, or cater to one’s sexual orientation or gender identity.” They do not, however, block sites that condemn homosexuality or promote “reparative therapy,” a practice purporting to “cure” LGBT people that is denounced as dangerous and harmful to young people by such groups as the American Psychological Association and the American Medical Association.
The ACLU filed the case in the U.S. District Court for the Middle District of Tennessee against Metropolitan Nashville Public Schools and Knox County Schools on behalf of two high school students in Nashville, one student in Knoxville and a high school librarian in Knoxville who is also the advisor of the school’s Gay-Straight Alliance (GSA).
“Students need to be able to access information about their legal rights or what to do if they’re being harassed at school,” said Keila Franks, a 17-year-old student at Hume-Fogg High School in Nashville and a plaintiff on the case. “It’s completely unfair for schools to keep students in the dark about such important issues and treat Web sites that just offer information like they’re something dirty.”
The lawsuit charges that blocking LGBT sites violates students’ First Amendment rights by only allowing access to sites that present an anti-gay point of view on the rights of LGBT persons on issues such as anti-gay harassment, marriage, employment discrimination and the military’s “don’t ask, don’t tell” policy while blocking access to sites that support LGBT rights. Further, the filtering hinders the ability of GSAs and their members to facilitate club activities and keeps students from accessing important information about scholarships for LGBT students or doing research for school-related assignments.
The ACLU first learned about the discriminatory filtering from Andrew Emitt, a Knoxville high school student who discovered the problem while trying to search for LGBT scholarships. Internet filtering software is mandated in public schools by Tennessee law, which requires schools to implement software to restrict information that is obscene or harmful to minors. However, the “LGBT” filter category does not include material which is sexually gratuitous and already included in the “pornography” filtering category.
“While schools may have an interest in using filters to block material that could be harmful to minors, blocking access to information about LGBT issues while allowing anti-gay information is unlawful and potentially dangerous,” said Tricia Herzfeld, a staff attorney with the ACLU of Tennessee. “There is no place for this kind of unconstitutional censorship in our public schools.”
In addition to Crump and Herzfeld, attorneys on the case are Chris Hansen of the ACLU First Amendment Working Group and Christine Sun of the ACLU LGBT Project.
The plaintiffs are Nashville students Keila Franks and Emily Logan, Knoxville student Bryanna Shelton, and Karyn Storts-Brinks, a Knoxville high school librarian and faculty sponsor for her school’s GSA.
More information about the case, including the ACLU’s complaint and a video featuring one of the student plaintiffs, is available online at: www.aclu.org/lgbt/youth/39346res20090413.html.
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Signing of gay marriage law changes the game at schools
The gay marriage bill signed into law by Gov. Jodi Rell on Thursday eliminates an 18-year-old provision that prevents schools from portraying homosexuality as an acceptable lifestyle, but legislators said the new measure is much to do about nothing.
State Sen. Andrew McDonald, D-27, said the new bill does away with language that can be construed as demeaning to gays from a 1991 equal rights act and is not a demand for schools to promote homosexuality.
“It doesn’t require it to be taught and it doesn’t say it can’t be taught,” he said.
The bill– which legislators said is a compromise between gay marriage opponents and supporters– comes six months after the high court ruled 4-3 that same-sex couples have the right to wed in Connecticut, rather than accept a 2005 civil union law designed to give them the same rights as married couples.
“My position is that religious liberties, as a fundamental right and a First Amendment right, are so important that we need to address any concerns of any group,” said State Rep. Bruce Morris, D-140.
In an effort to appease some gay marriage foes, lawmakers amended the bill to show they want to protect religious liberties. For example, it says religious organizations and associations are not required to provide services, goods or facilities for same-sex wedding ceremonies.
Many groups feared that the bill would somehow force schools to teach about homosexuality in sex education courses and limit parental control over the matter.
Parents can already prevent their children from participating in a sexual education course, even if the course does not teach about homosexuality, McDonald said.
Connecticut’s education statutes allot parents the right to give their children written permission exempting them from “family life education programs,” courses which would likely include any lessons on homosexuality and gay marriage.
“Some of the religious organizations had an issue with the fact that a child wouldn’t have a choice but to sit and listen (to a lesson on homosexuality) in sex ed.,” said state Rep. Chris Perone, D-137. “The statute puts some of the control back into the parents hands.” See Signing of gay marriage law changes the game at schools
The Hour - Norwalk,CT,USA
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