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Our Genders, Our Rights

NEW YORK, NY - - - The Issues Magazine launched “Our , Our Rights,” its Summer 2009 edition. A unique combination of articles, poetry, art and videos on a topic that is both utterly fundamental and wildly revolutionary: and .

Top writers discuss -selection , gender , “Intersex” self-identification and a first-hand account of forced roles inside a polygamist compound in Texas.

Publisher and Editor-in-Chief ’s , “Selecting The Same ,” provides philosophical and into the issue of -selection .

“There is one place where the definition of gender remains binary — in the womb. When it comes to sonograms, amniocentesis and standard pre-natal testing, there are no nuances. Here, the pronouncement, ‘It’s a girl,’ can translate into fierce and instant parental . The fact is that when the issue is ’ selection ,’ the same is always being selected — female.” For Hoffman, this issue highlights questions of , and the moral of women.

“It’s about separating the chooser from the choice,” writes Hoffman.

In “Busting Bogus and Beliefs” Mahin Hassibi notes: “For centuries, held that women owed allegiance and obedience to their husbands; children were the property of their fathers, who owned the children’s mothers.” Today, Hassibi says, discoveries in and may soon trump historical and cultural restrictions that wrongly women’s lives.

“My children would have undoubtedly been among the 439 seized in the ,” writes of the sweep through the polygamist compound. In, “American : Controls Women’s Destinies,” Jessop gives an inside view of the abuse, and of women’s bodies that continues today.

Writers also plunge into concerns. “ Pitfalls May Await the Applicant” by Victoria Neilson discusses the difficult process for trans applicants in the U.S. Eleanor Bader’s “Trans Care Is a Life and Death Matter” describes a pioneering program for trans patients in the South.

Photographic performer Tammy Rae Carland visualizes gender fluidity as the featured artist, and art editor Linda Stein conducts an interview with Elizabeth Sackler, whose for art resulted in a new center at the Museum.

ABOUT US

On The Issues Magazine (www.ontheissuesmagazine.com) is a progressive, , quarterly online magazine. Read more at the site — free and with archives from 1983. is the Publisher and Editor-in-Chief.

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Local media swallows ‘bathroom bill’ rhetoric

On , the day of a legislative hearing on the rights bill currently on Beacon Hill, ’s ran a story about the bill on its . Anchor introduced the story by saying, “It’s being called the bathroom bill, [and it] is essentially meant to end based on status.” Behind Brunner was an image of the traditional male and female found on , positioned next to the dome and above the , “Bathroom Bill.” Yet the only calling the bill, House Bill 1728, a “bathroom bill” are its , and the label is a misnomer by any .
H.B. 1728 adds trans-inclusive language to the state’s non- laws in the areas of , , credit, housing, and , as well as to the state’s hate-crimes laws, going far beyond simply allowing to use bathrooms that match their or . of the , by the Family Institute (), claim that the bill will allow male sexual to masquerade as women and sneak into women’s restrooms and . ’s coverage of the rights bill, as well as the coverage by some other outlets, suggests that the work of the bill’s to label the a bathroom bill in has been at least somewhat successful.
See Local media swallows ‘bathroom bill’ rhetoric

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Another front for fairness

AT A HEARING at the last week, supporters of a bill to ban on the basis of and outlined the myriad barriers that confront - those who are born male but live as females, or vice versa. Unlike those whose or sexual expose them to , might not be able to avoid the issue when applying for , apartments, or loans. The may become evident from a check on a number or a search of credit reports.

aren’t looking for . The goal of the , introduced by Representative , is to give residents of space to live without or . The bill responds sensibly to a real problem, and deserves to pass.

don’t make the lightly; many, though not all, undergo gender-reassignment surgery. The case of Dana Zircher, profiled recently by the ’s Bella English, underscores the difficulty of the process, even when individuals have and employers. Zircher, a and a parent, has undergone a , surgery, and 350 hours of .

Instead of addressing the of actual ’s lives, though, are trying to undermine Sciortino’s by calling it a “Bathroom Bill.’’ The difference between a and a man who wants to infiltrate a ladies’ room is perfectly obvious, at least to anyone who is not deliberately obfuscating the issue. The difference would surely be obvious to and judges. Thirteen other states, including , , and , and of cities, including and Cambridge, already forbid against - and are as safe as ever.

See Another front for fairness

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Hate Crimes Bill, Long Overdue

The Writes:

“There’s a the Anti-Defamation League and a number of other major Jewish have made passage of a new bill a top : there are still too many places in America where against unpopular are not investigated or prosecuted with any .
Different versions of the measure have again passed both houses of , and once again are trying to attach “ and marshaling their forces to strip the when the go to a House- . And once again, Jewish a tough fight in protecting that may be even more critical as the fuels the growth of assorted hate .”

See Hate Crimes Bill, Long Overdue

The

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Gates Plan May Be Beginning of the End of ‘Don’t Ask, Don’t Tell’

Studies Ways to Relax Enforcement as First Step; Impact on Troops Would be Minimal

SANTA BARBARA, Calif. — In the wake of yesterday’s unexpected announcement about in the military, experts say the “don’t ask, don’t tell” policy may be on the of that would speed up its demise. After speaking with last week, has asked military to explore how to modify enforcement of the policy in ways that are “more flexible until the law is changed.” The Monday reiterated his to end against troops, saying he is working with and the military to do so.

Christopher , of the Palm Center, said the remarks by Secretary Gates marked the first time the has made clear that the is onboard with the ’s determination to lift the ban. “‘Don’t ask, don’t tell’ is a package — both a law and a policy — that ’t been penetrated for fifteen years,” said. “This is a crack in , and it gets the ball rolling for a since it gives cover to who have been waiting for a from the .”

said that even a small change in how “don’t ask, don’t tell” is enforced could represent a seismic , even if it does not have a substantial on most troops, who would still be subject to discharge. If the military stops applying certain of the policy, as Gates says it is considering, it would send a signal to about the of change. “That’s why is the key to unlocking the ,” said . “Even the statements themselves, although they do await follow-up action, have changed the .”
 
Last month, the Palm Center published a report which outlined several legal and political for executive branch in regulating, and even halting, provided for by . One of those is closely linked to the new review announced by Secretary Gates. According to the Palm Center study, “the ‘don’t ask, don’t tell’ policy itself, as codified by , also authority to the to determine the procedures under which investigations, separation , and other personnel actions under the authority of 10 U.S.C. Section 654 will be carried out … The Secretary of Defense has to determine the specific manner in which ‘don’t ask, don’t tell’ will be implemented.” Prior to the release of the Palm Center’s report, most had assumed that only or the end the firings of troops.
 
Amidst mounting public pressure, press said this week that he thought “don’t ask, don’t tell” would be repealed by the end of the ’s first term. Nathaniel Frank, senior research at the Palm Center, said this week’s developments were politically significant. “Serious discussions have been launched by the himself,” said Frank. “ has said this is a failed policy that harms , so these are not just fixes, but may be the .” Frank added that any regulatory changes that fall short of halting all will be “window-dressing,” but he focused on the implications for further political change. “This means the potato party may finally be over, as the understands where the buck stops.”
 
In the wake of this week’s developments, the Palm Center announced that it is preparing a more extensive legal analysis of administrative for relaxing the application of certain of “don’t ask, don’t tell.” said that the Defense Department should invite as the rules are re-drafted, which would be consistent with past processes when military regulations have been
changed. “This review should be no different,” he said.
 
Organizations and individuals who have endorsed or endorsed consideration of the use of based on the legal theories outlined in the Palm Center’s study include Secretary Gates, 77 of , the page, , Campaign, , of the , the Robert Shrum, and former aide .
 
The Palm Center is a research institute at the , Santa Barbara. The Center uses rigorous social to inform of controversial , enabling to be informed more by evidence than by . Its data- approach is premised on the that the public makes wise on when high-quality information is available. For more information, visit www.palmcenter.ucsb.edu.

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Senator Harry Reid Says Obama Should Sign Order on Gay Troops, SLDN Also Joins Call for Executive Option

SANTA BARBARA, CA — Harry Reid has called on to sign an suspending the “don’t ask, don’t tell” policy, according to the magazine.

Referring to the repeal of the ban, Reid told reporter Kerry Eleveld that, “My hope is that it can be done administratively.” Eleveld added that, “A Democratic aide later clarified that Reid was speaking about the possibility of using an to suspend or perhaps halting enforcement of the policy by changing within the .”

As well, the () has called on to sign an . In a letter to the yesterday, wrote that, “ should consider all viable he can take on his own to get rid of this , including issuing a ’stop-loss’ order.” For more than a , has been the largest and most in the country working on the “don’t ask, don’t tell” policy.

The idea of ending the ban by gained after the release last month of a Palm Center study showing that the has the authority to suspend “don’t ask, don’t tell” via a . Before that time, many argued that only or the courts could lift the ban on service by openly troops.

Others calling for the to sign an include the page, the Campaign, Out, an of and alumni of the U.S. at , Los Angeles and Center Jean, and former Clinton official .

Palm Aaron said that awareness of the has changed the conversation about “don’t ask, don’t tell” substantially. “ used to duck the issue by blaming for the inertia. Now it’s clear that he has unilateral authority to fulfill his campaign .”

The Palm Center is a research institute at the , Santa Barbara. The Center uses rigorous social to inform of controversial , enabling to be informed more by evidence than by . Its data- approach is premised on the that the public makes wise on when high-quality information is available. For more information, visit www.palmcenter.ucsb.edu.

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LA Times Editorial: A court battle California doesn’t need

The ’s ruling last week in the case of a grandiosely unethical justice opened a new field of constitutional review — the high court may now consider when an elected state court has been so tainted by that requires him to recuse himself from a case.

In , a coal executive spent more than $3 million to unseat a sitting state justice; it was well spent, as the justice was defeated by voters and replaced by Brent Benjamin. Benjamin then did what was expected of him and cast a deciding in overturning a $50-million against the executive’s .

Benjamin’s in the case assured him a place in the ’s of , and his was so blatant that the U.S. majority that rebuked him argued that it was not opening the door to many future . Surely, it reasoned, no justice will behave this badly again. That may or may not prove to be true — the court offered little in the way of guidance as to what constitutes impermissible — yet Benjamin’s case sadly but surely will not be the last in which big- and collide.

Indeed, California has wrestled with this problem before — and quite possibly could again.

California’ for selecting justices is much better than ’s. Candidates for the court here are nominated by the governor, confirmed by a state commission and then placed on the . They must periodically stand for retention, but they are not, as they are in , subject to direct challenge by candidates. A retention election can cost a justice his or her seat, but it does not let voters kick out one justice and install their own replacement.

California’s rules have helped balance the ’s independence with the public’s fair on accountability, but even this state’s reasonable retention process has been subject to tilt. Most notable was the 1986 retention election that removed Bird and two , Cruz Reynoso and Joseph Grodin. Much has gone into that race in the since, and opinions differ on its . Two truths, however, stand the test of deep inquiry: The forces arrayed against Bird were not motivated solely by her to the — that was cover for a second complaint, which was her defense of consumer rights against corporate power — and Reynoso and Grodin were victims of a special-interest crusade against a vulnerable chief.

Would that we could relegate that episode to California’s history. In fact, the state rumbles with discontent over its high court and chief, and those stirrings contain alarming of the battle of 1986.

At issue are the court’s rulings on same- and Proposition 8, and its , Ronald M. George. In May 2008, the court overturned the state’s ban on , striking a for in the grandest of constitutional protection of . A few months later, after voters approved Proposition 8 and amended the state to ban the same institution that the court had upheld, George and his upheld the amendment. Both times, George wrote for the majority. He thus angered of in 2008 and supporters of it in 2009.

By California’s rules, George a retention election in 2010, and some predict that he could from either side — or even both — in this polarizing .

That would be a for the state’s , an unfortunate attack on and an unfair castigation of one of this state’s most principled and admirable public officials. In the - cases, George’s votes demonstrated , professionalismand restraint. He voted to uphold same- out of the strong — which this page shares — that the does not allow society to deny the protection of to any more than it once denied it to those united across race. The ruling was right on the law, and will certainly be validated over the long march of history.

Months later, voters tacked in the other , narrowly rejecting and amending the to allow California to recognize only the of . That was challenged, naturally, and the lawsuit offered the court the opportunity to extend its earlier ruling, though on shaky for same- argued that Proposition 8 was such an to the rights of that it revised the rather than merely amending it. Scholars split on the of that argument, and although the strong of rejectedit, an opportunistic justice might have seized the chance to solidify his .

Instead, George subordinated his — as evidenced by his writing — to the weight of constitutional opinion. He voted to uphold the proposition, even though it undid his own work. Permitted latitude within the strictures of the in the first case, George was able to his ; by the in the second case, he yielded.

Such is the of a principled judicial officer, but those concerned only with results already have signaled their unhappiness with George. The moneyed interests that supported Proposition 8 last fall are considering whether to finance a campaign against George next year. Supporters of , who championed his heroism in 2008, were bitterly disappointed when the court upheld the hateful .

This is not . Corporate interests are not knocking off justices who disagree with them and seating more accommodating replacements. But has no place in our judicial life any more than it does in Appalachia. The 1986 campaign against Bird and her now stands for many as a reminder that well-intentioned systems of accountability may be hijacked by special interests, a lesson learned too often and at great cost in California. It was misguided in its first iteration; it would be regrettable in its second.

See A court battle California doesn’t need

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MoxieQ Launches First Mobile “Gay Sensibility” Destination for Consumers Who Want the Gay POV

MoxieQ, the first mobile-centric gay publisher, today announced its official as a mobile and online destination with a sensibility. MoxieQ was founded by two in the mobile industry — Heidi Lehmann, co-founder of Third Screen Media (which was acquired by AOL in May 2007) and , a of the Media Network. The service appeals to the more than 16 million, $712 billion-spending of the (lesbian, , , and ) community as well as other who want the perspective.
The Premier Mobile Destination
The publisher debuted its at the Media Awards in New York, March 28th and in LA, 18th, where MoxieQ media Ryan and Caroline, formerly of Clear Channel’s , conducted with including , Tyra Banks, , and . The awards recognize accurate and fair and news content in the media.
“We are proud to share our TV ‘Gayed’ weekly guide to what’s on TV and outstanding -inclusive commercials from ’s online ad library with MoxieQ as they bring important and entertaining content to our community on the go,” said Neil , of .
Leading Brand and Partners
MoxieQ partners include a number of leading and brands: BRAVO’s “The Show” personality and designer Andrew Christian, DishMiss, Cities, , , Ryan and Caroline, Under the Carpet and Witeck Combs Communications.
“I am excited to have my products featured in the ‘Daily ’ section of MoxieQ,” said . “My viewers and customers are young, hip, and on the move which means the mobile channel is a primary way for them to discover new products. MoxieQ is a perfect match for us to expose our latest designs directly to our consumer.”
For Advertisers Targeting the Community
MoxieQ exclusives deliver sassy, short-form content such as Test your IQ, Snacs (”” horoscopes), Ask Mr. Moxie, “Bite, Sip and Buy” recommendations for and green businesses, and up-to-the-minute Weather.
“The and -friendly demographics are a perfect fit for both mobile and , with an that is increasingly looked to by the consumer as trendsetters with tremendous influence and insight into what is and -edge,” said MoxieQ founder and Heidi Lehmann. “MoxieQ is designed to provide both a primary source of entertaining content and interactivity with a twist and an extremely targeted for brands who want to reach this valuable community.”
MoxieQ is designed to appeal to the gay community and who want access to and irreverent themed content, , and “in the know” advice and insights. The destination is ad-supported with future revenue to include premium, syndicated and online content. MoxieQ Media is available now on the mobile phone at: http://m.moxieq.com or on the web at www.moxieq.com.
About MoxieQ Media, Inc.
Based in , MoxieQ is an and advocacy site with a sensibility. It features original, syndicated, and user generated content, formatted for and the PC. MoxieQ’s unique mix of information, , recommendations, audio, video and interactivity, captures the irreverence and trendsetting perspective of this hip and influential demographic. Through MoxieQ, brands will be able to reach the market directly. For more information, visit us at http://m.moxieq.com or www.moxieq.com.

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‘This Is a Question of Fairness’ - NY Times Editorial

It is by no means a fast and easy , but the cause of same- is forward — that justice can triumph over wedge and . It happened this week in and , where both states’ voted to legalize same- and promptly put the final say to their governors.
In , Gov. — who previously defined as strictly between a man and a — promised his “best decision” after consulting and . Mr. Lynch would be wise also to consult his in , Gov. , who signed his state’s same- bill. He previously had opposed the idea, with the familiar hedge of supporting the half-step of civil .
Mr. described his change of — and what we hope is the changing of many other American . “I have come to believe that this is a question of and of , and that a is not equal to civil ,” he said. Precisely.
was the fifth state to legalize same- . We Mr. Lynch to make the sixth. Similar are pending in other states, with a major expected in the New .
This week, the City Council of the District of took a preliminary step, voting 12 to 1, to recognize marriages between certified in other states. A fuller is anticipated on a to legalize same- . Unfortunately, there already are calls for to once more tread on home rule and block this progress in the nation’s capital.
Pelosi is right to caution against such grandstanding. Governor heard the speak. should listen. See ‘This Is a Question of Fairness’
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