Injunction on DADT permanently stayed
The court wanted to show deference to Congress and notes previous courts upheld DADT.
Dismay Over Obama’s ‘Don’t Ask, Don’t Tell’ Turnabout
When Barack Obama sought the presidency, he pledged to reverse the “Don’t ask, don’t tell” policy preventing gays and lesbians from serving openly in the U.S. military. Yet on Monday, the Supreme Court rejected a gay Ohio soldier’s challenge to the law — with the legal backing of none other than the Obama Administration.
James Pietrangelo II, the former Army infantryman and lawyer whose case the high court declined to review, reserved most of his ire for President Obama instead of the court. “He’s a coward, a bigot and a pathological liar,” Pietrangelo said in an interview with TIME shortly after the high court declined to hear his appeal. “This is a guy who spent more time picking out his dog, Bo, and playing with him on the White House lawn than he has working for equality for gay people,” he added. “If there were millions of black people as second-class citizens, or millions of Jews or Irish, he would have acted immediately” upon taking office to begin working to lift “Don’t ask, don’t tell.” Pietrangelo fought in Iraq in 1991 as an infantryman, and returned as a JAG officer for the second Iraq War, before being booted out in 2004 for declaring he was gay as he was readying for a third combat tour. He was representing himself before the high court. (See pictures of the gay rights movement.)
The Obama Administration, in its brief in the case last month, said a lower court acted properly in upholding the gay ban. “Applying the strong deference traditionally afforded to the Legislative and Executive Branches in the area of military affairs, the court of appeals properly upheld the statute,” argued Elena Kagan, who as Solicitor General represents the Administration before the Supreme Court. The bar on gays serving openly is “rationally related to the government’s legitimate interest in military discipline and cohesion,” her 12-page filing added.
The endorsement of “Don’t ask, don’t tell” by the Administration marks the latest rightward tack by Obama. The President denounced many of George W. Bush’s national-security policies during the campaign, but in office has adopted more conservative positions, including endorsing military commissions to try purported terrorists, and declining to release a second batch of photographs depicting alleged U.S. maltreatment of Iraqi detainees. His stance on “Don’t ask, don’t tell” may be more surprising, because Obama aides have made clear the President wants the ban lifted eventually. (Watch a gay marriage wedding video.)
Pietrangelo doesn’t buy the line from Obama aides — and the Pentagon — that they’re too busy grappling with a faltering economy and two wars to handle the gay ban right away. “It’s a complete lie that he has too much stuff on his plate — this is the guy who criticized Bush for not being able to multitask,” Pietrangelo says. “We have an old saying in the military — the maximum effective range of an excuse is zero meters.” See Dismay Over Obama’s ‘Don’t Ask, Don’t Tell’ Turnabout TIME
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Gay rights in Japan blurred on TV
When Sean Penn won the Best Actor Oscar for his portrayal of slain San Francisco Supervisor Harvey Milk two weeks ago, he used his acceptance speech to rail against supporters of California’s Proposition 8, which last November repealed a State Supreme Court ruling extending marriage rights to same-sex couples.
Penn’s confrontational tone was in keeping with his prickly public persona, but it was also in line with his character’s real-life activism. Milk was one of the first openly gay elected officials in the United States, and the fact that he was openly gay defined his policies and goals.
“Milk,” the movie for which Penn won the Oscar, works better as political history than it does as biography. Harvey Milk’s long-term goal was to help build a society in which homosexuals participated fully without having to hide or deny their sexual preferences. But because he understood that many people abhorred those sexual preferences, he knew such a society could not be built on persuasion. He would have to force the issue through political action, just as the civil-rights movement won equality for blacks.
There was one stark difference, however. Black people couldn’t hide their blackness, while gays could hide their homosexuality. The only way Milk could accomplish his long-term goal was to urge his fellow homosexuals to come out and acknowledge their same-sex preferences to their families, friends and communities. He did this by presenting himself, often humorously, as a militant sodomite (“My fellow degenerates!”); in other words, someone who was going to live his life as he pleased.
The fact that Proposition 8 passed 30 years after Milk’s assassination means that his goal has not been accomplished, but his confrontational methodology has become the standard for gay activism. In the process, gays have become culturally, if not necessarily socially, mainstreamed in the U.S. In movie terms, that development is proved not so much by the Oscars for “Milk,” but rather by the box office success of the crude adolescent comedy “I Now Pronounce You Chuck and Larry,” in which gay stereotypes and jokes are thrown back at antigay attitudes. “This is America,” says the main character, played by Adam Sandler. “You should have the right to put anything you want up your ass.” It’s something Harvey Milk could have said, and probably did.
It will be interesting to see the reaction to “Milk” when it opens here in April. There have been a few gay office- holders at the local level in Japan, but political action for homosexual interests is virtually nonexistent, mainly because there are no laws that explicitly proscribe homoerotic activity or deny rights to individuals who are openly gay. On the other hand, social pressure against coming out remains strong.
The media reinforces this situation by boosting TV personalities who trade in gay stereotypes without ever actually mentioning gay sexuality. It’s the whole point of the popular Nihon TV variety show “Oneemans,” where homosexuality really is the love that dare not speak its name. Last fall, NHK presented a two-part discussion about LGBT (Lesbian Gay Bisexual Transgender) on “Heart Talk,” a show that addresses social issues from a perspective of sensitivity. Though the program drew the derision of Shincho magazine, which wondered if LGBT was really a proper topic for a public broadcaster, it received a positive reaction from many viewers, and NHK aired a followup last month. Most of the discussion was about the difficulty of coming out to friends and family, and how important it was for LGBT people to receive support from parents. There was a profile of a Sapporo support group for parents of LGBT, one of whom appeared in the studio with his mother.
The show was basically an appeal for understanding, filled with testimonials from LGBT people about their loneliness and inability to function normally in a society that won’t acknowledge their situation. It was a passive appeal. The LGBT people who spoke out are waiting for society to change. One participant said LGBT should come out only when they were in a positive frame of mind, since doing so out of anger or frustration might create negative feelings. The advice was mostly about being respectful of other people’s — i.e., straight people’s — feelings. Even the example of the lesbian couple who made a point of not hiding their relationship from the neighbors was presented cautiously. The two women would walk through the streets hand-in-hand greeting everyone they met, and after a year or so people accepted them. However, on TV their faces were blurred out, as were many of the other LGBT participants’. They were not scared for themselves; they just didn’t want to take the chance of making friends and family uncomfortable.
The LGBT participants who did not opt for masking had more than a personal stake in the matter: former Osaka prefectural assemblyperson Kanako Otsuji, Setagaya Ward assemblyperson Aya Kamikawa, psychologist Toshiaki Hirata and some LGBT organization representatives. Hirata explained that the government’s new antisuicide measures do not take into consideration LGBT-related suicides, but that was as far as the discussion went into public policy. It was not the purpose of the program.
The purpose was to show how LGBT people feel, and it seemed clear that the main obstacles they need to overcome in order to live their lives freely are society’s fundamental ignorance and their own fears. In that regard, the program’s blurred-out faces and polite deference to straight sensibilities can only be considered counterproductive.
See Gay rights in Japan blurred on TV
The Japan Times
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North Texas LGBT community split over post-Proposition 8 tactics
Gay groups in north Texas are mixed in their response to plans to protest the Cinemark theater chain over donations made by company CEO Alan Stock in support of California’s marriage ban, Proposition 8. Morris Garcia, president of the Collin County Gay and Lesbian Alliance, which reportedly has two members who are corporate employees of Cinemark, said the group preferred to set up a dialogue with the movie chain. A gay filmmaker in Dallas organized a protest against Cinemark, but the city’s chapter of the Stonewall Democrats is not backing the event, in deference to local concerns. Dallas Voice
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