Culhane: Pawlenty throws gays under the bus
OK, maybe it’s just because I’ve taught Torts for so long, but an apparently minor development out of Minnesota really has me irked.
First, consider these two stories:
(1) A California woman is mauled to death by vicious dogs, under circumstances so horrific that the owner is convicted of second-degree murder. Her surviving same-sex partner sues under the state’s wrongful death law. Under a strict reading of the statute, she would lose because she doesn’t have “standing” to sue – unlike the deceased woman’s mother, who does have such standing, even though her actual financial and emotional losses are much less. Yet the court allows the claim to proceed anyway, and she collects a large settlement.
(2) A New York couple enters into a civil union in Vermont. Later, one of the men dies because of alleged medical malpractice. Instead of contesting the merits of the suit, the hospital moves to dismiss the claim because the surviving “spouse” isn’t a spouse at all – the civil union doesn’t count. A trial judge allows the case to proceed, but the appellate court holds that the case should have been dismissed.
Since those cases were decided, the laws in both New York and California have been changed to allow “registered” same-sex couples to bring their claims – not necessarily to recover, simply to have the right to try to establish their losses.
These developments had no effect on Minnesota Governor Tim Pawlenty, who has just vetoed a bill that would have given surviving members of same-sex couples the right to make decisions about the remains of their partners and the right to sue in wrongful death for negligent acts that resulted in their partners’ demise.
When Pawlenty gave as the reason for his veto that the law was unnecessary because same-sex couples can protect themselves by executing living wills, he was flat wrong – at least as to the wrongful death part of the law.
Some quick background on wrongful death law (more than you’d probably ever want to know): These state laws are designed to provide the survivor with what he or she would have been expected to receive from the deceased: In most states, including Minnesota, damages can include some of the income that the deceased would have been expected to earn (whatever the survivor could have been expected to receive), as well as the loss of emotional support and companionship.
So what’s the problem for same-sex couples? Unlike most of tort law, suits for wrongful death are based not on judge-made (common) law, but on statutes that clearly define who’s eligible to recover. And most of the statutes continue to restrict recovery to certain named classes of survivors: In Minnesota, which is fairly typical in this regard, that’s limited to spouses and “next of kin.”
So why and how did judges in California and New York hold to the contrary? By looking to the purpose of the law, which is to compensate based on real loss, and to make sure that bad conduct is deterred. Since the strict categorical requirements of wrongful death laws frustrate those purposes, judges are tempted to “get creative.”
Given the purposes of the law and what the California judge called the “insurmountable obstacle” that gay and lesbian couples face in these cases – you can’t contract around a statute – why the veto?
Here’s a thought: Pawlenty wants to be President, and has to burnish his social conservative credentials first. So everything becomes a threat, suddenly, to “traditional marriage” – however tangential the message on marriage, and however real the costs to actual people.
Here are a few questions I’d like to ask Gov. Pawlenty.. I’m going to send them to his office (unless a reader living in Minnesota would like to!), but I don’t expect an answer.
“Governor, under the law as it now stands, a murderer would owe nothing to the surviving member of a same-sex couple, even if the deceased provided most of the support for that survivor. Can you explain and justify the policy that permits this result?”
“The result of these statutes is so unfair that judges in other states have ignored their language and looked to the purpose of the law in allowing these claims. Why not simply amend the law to better reflect the compensatory and deterrent purposes of wrongful death law?
“What advice would you give to same-sex couples to protect themselves against this result?
“If the same-sex couple had adopted a child, that child’s future prospects could be negatively and even dramatically affected by her surviving parent’s inability to recover for wrongful death. Why should that child be differently affected than the child of an otherwise identical opposite-sex couple?
“You described the law as “divisive.” Can you explain why this law is any more divisive than the one you signed last year, that prevented jointly owned homes from being sold to pay medical bills when one partner dies?”
Politicians in the Pawlenty mode continue to throw us under both the express and the local bus: Marriage and the puny but necessary baby steps that are necessitated by intransigence on full equality. We must hold him accountable, now and if he seeks the Presidency.
John Culhane is Professor of Law and Director of the Health Law Institute at Widener University School of Law in Wilmington, Delaware. He blogs about the role of law in everyday life, and about a bunch of other things (LGBT rights, public health, sports, pop culture, music philosophy and lots of personal stuff) at: http://wordinedgewise.org. A fuller bio can be found here. He can be reached via email at: johnculhane@comcast.net.
Bisexuality 101: Am I bisexual?
Some people would say that everyone is bisexual, but I’m not going to buy into that line. That’s the easiest way to confuse those of you who may be on the fence.
And no, just because you thought about doing something with a friend of the same sex—or maybe even did a little fooling around at one time—it doesn’t mean that you’ve got the “B” label branded on your forehead forever. Nor, does it mean if you’ve never actually had sex with both a man and a woman that you cannot declare yourself a bisexual.
In fact, many people who identify as bisexual have yet to experience full sexual relations with a man and a woman (and it doesn’t have to be at the same time, either!)
Bisexuality, in its simplest form, is the understanding or awareness that you can be attracted physically and emotionally to either gender at some point.
It doesn’t mean that you have to be equally attracted to both, and it doesn’t mean that you have to have regular sex with both genders to be happy or satisfied. And yes, bisexuals can be monogamous, and have one only one partner at a time and be very content. See Bisexuality 101: Am I bisexual?
Examiner.com -
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What will parents do to avoid having a gay son?
In the early 1990s, when genetic research was far less advanced than today, Jonathan Tolins posed the question: If a woman knew in advance that her male baby would be born gay, would she still go through with the pregnancy?
That’s the premise of his 1992 drama “The Twilight of the Golds,” which was filmed for cable television in 1997 and which receives an emotionally gripping staging courtesy of Theatre Out.
Through her husband’s medical research firm, which has devised genetic testing of fetuses, the pregnant Suzanne Gold-Stein (Jennifer Pearce) has discovered that her baby boy has the genetic markers of homosexuality.
The question of whether to keep the baby is, in fact, illuminated by the family’s firsthand experience: Suzanne’s brother David (Tim Woods) is gay, a factor that has, despite their denials, always affected his bond with her and with their parents.
The play is told from the opera-loving David’s point of view, its title a pun drawn from “The Twilight of the Gods,” the fourth opera in Wagner’s “Ring” Cycle. He frames the play’s focal issue when he asks, “What difference does being gay make?” As the story progresses, its ethical complications are magnified, even as Tolins takes time out to assail the materialism of the 1980s.
Complicating the ethical dilemma posed by Tolins is the way it splits the family. For David, who is, ironically, pro-choice, aborting the baby is tantamount to killing him. As much as she dotes on David, mom Phyllis (Karen Harris) has to admit that “it hurts to see your child become something different.”
Seeing genetic testing as a boon to mankind, Suzanne’s husband Rob (Eric James) insists that he and Suzanne “don’t need David to tell us how to live our lives,” while patriarch Walter Gold (Rick Kopps) maintains that “it’s Rob and Suzanne’s decision.”
See What will parents do to avoid having a gay son?
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Private meeting with Archbishop of Canterbury Rowan Williams at convention will address sexuality, ministry
By Mary Frances Schjonberg, July 01, 2009
[Episcopal News Service] Eight members of the Episcopal Church’s House of Deputies are scheduled meet privately with Archbishop of Canterbury Rowan Williams at General Convention in a session that is intended in part to address lesbian, gay, bisexual and transgender (LGBT) issues in the church.
General Convention meets July 8-17 in Anaheim, California, and Williams will be present July 7-9.
The session is not an official convention meeting and thus there has been no announcement of the plans. However, when contacted by Episcopal News Service, the Rev. Canon Michael Barlowe of the Diocese of California confirmed the details.
Barlowe said that he and the other deputies understood the meeting was to be brief and private, but that it was not a secret.
“It’s not a summit or constituted in an official way,” he said. “We don’t expect to issue a communiqué or anything like that.”
Instead, Barlowe said, he hopes the meeting will be a chance for dialogue and a chance for Williams to hear about the ministries of eight Episcopalians whose “significant fundamental characteristic” is “our deep love for the Episcopal Church within the Anglican Communion.” The eight deputies’ lives reflect the broad range of ministry of all Episcopalians, he said.
Barlowe set the meeting in the context of the communion-wide Listening Process, which is intended to hear all sides of the issues concerning human sexuality and the church.
Williams, Barlowe suggested, has not had a chance to hear about the broad range of ministry and leadership in which LGBT Episcopalians are involved.
There’s a larger hope attached to the meeting, according to Barlowe.
“Anytime committed Christians come together, something remarkable happens,” he said. “What comes to the fore is the commitment to be better bearers of the good news of Christ.”
The chance to have such a meeting, he said, is typical of the way leadership in the Episcopal Church seeks ways to move the mission and ministry of the church forward by trying to form partnerships with “other passionate ministers such as Archbishop Rowan.”
Barlowe, who has been a candidate in episcopal elections in the dioceses of California and Newark, said that he first raised the possibility of a meeting with the archbishop when the California deputation was discussing Anglican Communion issues. His colleagues encouraged him to pursue the idea and Barlowe says he sought the support of other LGBT deputies.
When he contacted Presiding Bishop Katharine Jefferts Schori or House of Deputies President Bonnie Anderson to ask for time with the archbishop, the request came with the backing of many of those deputies, he said.
Jefferts Schori and Anderson, along with their staffs, “graciously” agreed to ask Williams to meet with some deputies and Williams “graciously” agreed, Barlowe said.
Jefferts Schori’s and Anderson’s willingness to help bring about the meeting “is totally consistent with their leadership” of the church and their goal of fostering “serious and respectful conversation,” he added.
The presiding officers did not appoint the deputies, Barlowe said. Instead, he was asked to put the group together. He said he consulted with others and sought deputies who reflected the range of geographic, age, and ministerial diversity of those people who supported the request for the meeting.
In addition to Barlowe, the deputies are:
- Louie Crew, Diocese of Newark;
- the Rev. Canon Lisa Gray, Diocese of Michigan;
- the Rev. Tobias Haller BSG, Diocese of New York;
- Joanne O’Donnell, Diocese of Los Angeles;
- the Rev. Altagracia Perez, Diocese of Los Angeles;
- Rebecca Snow, Diocese of Alaska; and
- Michael Spencer, Diocese of Eastern Michigan.
The Rev. Eric H. F. Law, known for his work in multicultural leadership training, has been helping the deputies prepare for their meeting, according to Barlowe, and Law may attend the session with Williams.
Because they do not all know each other, Barlowe said, the group has been presenting to each other their “ministry biographies.” He called that experience “emotionally powerful.”
“Once again, I’ve been overwhelmed by just how committed the ministers of this church are,” he said, adding that hearing the deputies’ stories “made me incredibly thankful yet again for being part of the Episcopal Church.”
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Gates Plan May Be Beginning of the End of ‘Don’t Ask, Don’t Tell’
SANTA BARBARA, Calif. — In the wake of yesterday’s unexpected Pentagon announcement about gays in the military, experts say the “don’t ask, don’t tell” policy may be on the brink of irreversible change that would speed up its demise. After speaking with President Obama last week, Defense Secretary Robert Gates has asked military lawyers to explore how to modify enforcement of the policy in ways that are “more flexible until the law is changed.” The President Monday reiterated his intention to end discrimination against gay troops, saying he is working with Congress and the military to do so.
Christopher Neff, political director of the Palm Center, said the remarks by Secretary Gates marked the first time the Defense Secretary has made clear that the Pentagon is onboard with the President’s determination to lift the ban. “‘Don’t ask, don’t tell’ is a package — both a law and a policy — that hasn’t been penetrated for fifteen years,” Neff said. “This is a crack in humpty dumpty, and it gets the ball rolling for a political solution since it gives cover to lawmakers who have been waiting for a nod from the Pentagon.”
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DOJ Will Not Appeal Veteran’s VictoryIn Transgender Discrimination Case
Signals Commitment By Obama Administration To Protect Transgender Workers From Discrimination
WASHINGTON, DC – The U.S. Department of Justice decided not to appeal a federal court ruling awarding transgender veteran Diane Schroer the maximum compensation for the discrimination she suffered after being refused a job with the Library of Congress. The deadline for seeking an appeal was June 30. The American Civil Liberties Union has represented Schroer in her case.
The Obama administration’s decision whether to appeal the final ruling in the case has been closely watched in part because the Bush administration defended the case so vigorously, arguing that transgender Americans are not protected by any existing federal laws. The decision not to appeal the verdict is consistent with the Obama administration’s campaign promises to protect transgender workers against discrimination and his administration’s recent order taking steps to bar gender identity discrimination in federal employment.
“I am grateful that the court took the time to examine the case in detail and come to a fair and unbiased decision. In that same light, I am gratified that the current administration saw this for what it was, a case of sex discrimination focused against transgender people, and recognized that it must end in this country,” said Schroer, an Army Special Forces veteran with 25 years service. “The important signal that the administration’s decision sends to all LGBT individuals gives me renewed hope and restores some of my shaken faith in what our country stands for.”
On April 29, 2009, a federal court awarded Schroer maximum damages of $491,190 for back pay, other financial losses and emotional pain and suffering after finding the Library illegally discriminated against Schroer because of her sex. At trial, Schroer testified that she had applied for a position with the Library of Congress as the senior terrorism research analyst and was offered the job. Prior to starting work, she took her future boss to lunch to explain that she was in the process of transitioning and wished to start work presenting as female. The following day, Schroer received a call from her future boss rescinding the offer, telling her that she wasn’t a “good fit” for the Library of Congress.
“We are pleased and relieved that the Obama administration has decided to bring an end not only to years of hard-fought litigation but also to a painful chapter of Ms. Schroer’s extraordinary life,” said Sharon McGowan, a staff attorney with the ACLU LGBT Project. “The administration’s decision not to challenge this important civil rights ruling is a welcome sign that it intends to live up to its commitment to help end transgender discrimination in the workplace.”
The ACLU filed the lawsuit against the Library of Congress on June 2, 2005, charging that the library unlawfully refused to hire Schroer in violation of Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in the workplace. In an earlier ruling in this case, the court issued a groundbreaking opinion that discriminating against someone who transitions from living as one gender to another is sex discrimination under federal law. In reaching this decision, the court compared the discrimination faced by Schroer to religious-based discrimination, saying, “Imagine that an employee is fired because she converts from Christianity to Judaism. Imagine too that her employer testified that he harbors no bias toward either Christians or Jews but only ‘converts.’ That would be a clear case of discrimination ‘because of religion.’ No court would take seriously the notion that ‘converts’ are not covered by the statute.” The court also ruled that the library was guilty of sex stereotyping against Schroer because of its view that she failed to live up to traditional notions of what is male or female.
“This case put employers on notice that discrimination against transgender individuals is like any other form of discrimination – counterproductive and against our principles as a nation,” added Schroer. “But this case alone won’t end the rampant discrimination that transgender people face throughout the country. That’s why we need Congress to pass the Employment Non-Discrimination Act that was introduced last week.”
In addition to McGowan, the legal team consisted of Ken Choe, Senior Staff Attorney for the ACLU LGBT Project, James Esseks, Litigation Director for the ACLU LGBT Project and Arthur Spitzer, Legal Director of the ACLU of the Nation’s Capital.
A copy of the decision, the complaint, a video, a bio and photographs of Diane Schroer are available at: http://www.aclu.org/lgbt/transgender/24969res20050602.html
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GLAAD asks studio bosses to add positive message to ‘Bruno’ San Francisco Chronicle
America’s leading gay rights group is asking the studio heads behind Sacha Baron Cohen’s new movie “Bruno” to add a tolerance message at the end of the film because activists fear the funnyman’s stereotypes in the film go too far.
The Gay & Lesbian Alliance Against Defamation claims Cohen uses every negative gay stereotype in his portrayal of outrageous Austrian Bruno, and leaders feel executives should make amends for the movie’s depiction of gays by adding a positive message at the end.
GLAAD spokesman Rashad Robinson tells Eonline.com, “We have very mixed emotions about the movie. Those of us who saw the film agreed that you can’t critique it as a single film because it’s more like 90 minutes of individual sketches. Some are funny and hit their mark but others hit the gay community instead.”
Universal studio bosses have refused to add the pro-gay message.
A statement from the studio’s press office reads, “Bruno uses provocative comedy to powerfully shed light on the absurdity of many kinds of intolerance and ignorance, including homophobia.”
But Robinson insists, “This movie does not unmask stereotypes. … As someone who sat at the back of a focus group audience … I felt they were laughing at us at times.”
See GLAAD asks studio bosses to add positive message to ‘Bruno’ San Francisco Chronicle
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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 — Senate Majority Leader Harry Reid has called on President Obama to sign an executive order suspending the “don’t ask, don’t tell” policy, according to the Advocate magazine.
Referring to the repeal of the ban, Reid told Advocate 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 executive order to suspend discharges or perhaps halting enforcement of the policy by changing departmental regulations within the Department of Defense.”
As well, the Servicemembers Legal Defense Network (SLDN) has called on President Obama to sign an executive order. In a letter to the New York Times yesterday, SLDN Executive Director Aubrey Sarvis wrote that, “President Obama should consider all viable options he can take on his own to get rid of this discriminatory law, including issuing a ‘stop-loss’ order.” For more than a decade, SLDN has been the largest and most influential group in the country working on the “don’t ask, don’t tell” policy.
The idea of ending the ban by executive order gained momentum after the release last month of a Palm Center study showing that the president has the authority to suspend “don’t ask, don’t tell” via a stroke of the pen. Before that time, many argued that only Congress or the courts could lift the ban on service by openly gay troops.
Others calling for the President to sign an executive order include the New York Times editorial page, the Human Rights Campaign, Knights Out, an organization of gay and lesbian alumni of the U.S. Military Academy at West Point, Los Angeles Gay and Lesbian Center CEO Lorri Jean, and former Clinton White House official Richard Socarides.
Palm Center Director Aaron Belkin said that awareness of the executive option has changed the conversation about “don’t ask, don’t tell” substantially. “Obama used to duck the issue by blaming Congress for the inertia. Now it’s clear that he has unilateral authority to fulfill his campaign promise.”
The Palm Center is a research institute at the University of California, Santa Barbara. The Center uses rigorous social science to inform public discussions of controversial social issues, enabling policy outcomes to be informed more by evidence than by emotion. Its data-driven approach is premised on the notion that the public makes wise choices on social issues when high-quality information is available. For more information, visit www.palmcenter.ucsb.edu.
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Christian group sues for right to burn gay teen novel
n a scene which appears to have been lifted straight out of Ray Bradbury’s Fahrenheit 451, a group of Christians in Wisconsin has launched a legal claim demanding the right to publicly burn a copy of a book for teenagers which they deem to be “explicitly vulgar, racial [sic], and anti-Christian”.
The offending book is Francesca Lia Block’s Baby Be-Bop, a young adult novel in which a boy, struggling with his homosexuality, is beaten up by a homophobic gang. The complaint, which according to the American Library Association also demands $120,000 (£72,000) in compensatory damages for being exposed to the book in a display at West Bend Community Memorial Library, was lodged by four men from the Christian Civil Liberties Union.
Their suit says that “the plaintiffs, all of whom are elderly, claim their mental and emotional well-being was damaged by this book at the library,” and that it contains derogatory language that could “put one’s life in possible jeopardy, adults and children alike.”
“The word ‘faggot’ is very derogatory and slanderous to all males,” the suit continues. “Using the word ‘Nigger’ is dangerously offensive, disrespectful to all people. These words can permeate violence.” The suit also claims that the book “constitutes a hate crime, and that it degrades the community”.
“They’ve filed a claim against the city of West Bend and the city has to decide if it is valid,” said Deborah Caldwell-Stone, acting director of the ALA’s office for intellectual freedom. “Their insurance company is evaluating the claim, but I would be very surprised if they found any merit in it … Should they find any merit in this claim, we would certainly support the library in fighting it.”
The legal challenge follows a lengthy campaign by some West Bend residents to restrict access to teenage books they deemed sexually explicit from library shelves, which was eventually thrown out at the start of June.
“Obviously we were really pleased with the outcome to that – there was a unanimous vote to keep the books in the library and we thought the matter should be over,” said Larry Siems, director of the Freedom to Write programme at PEN America.
Siems said there was clearly “a bit of theatre” in the lawsuit which followed. “They’ve filed a lawsuit which has little possibility of going forward legally, and they’re asking for damages which include the right to burn a book. It does seem more to gain publicity than a real serious challenge.” But, he said, PEN remained very concerned about the impulse behind the claim. “This is a group of people trying aggressively to rid the library of these books and that’s very serious – it needs to be fought.”
The claimants, he said, “have a right to continue to express their views, and this in a way is a creative attempt to express those views”. But it’s “also a dangerous game when you’re talking about something like book burning, calling on the law to burn books. It’s certainly completely un-American, and if they paused, I think they would agree.”
It was not possible to reach the Christian Civil Liberties Union for comment.
See Christian group sues for right to burn gay teen novel guardian.co.uk
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Africa: Gay and lesbian voices in African blogosphere
Homosexuality is perceived as a new phenomenon in Africa and a taboo. It is outlawed in many African countries. Many African leaders have condemned homosexuality as being un-African. The Zimbabwean President, Robert Mugabe once described gays as worse than dogs and pigs. Former Namibia’s President, Sam Nujoma, once stated that “Homosexuals must be condemned and rejected in our society.”
Nigeria introduced a bill in 2007 banning same sex marriage. According to Rod 2.0 the bill is the most comprehensive homophobic legislation ever proposed in the world. Early this year homosexuals in Nigeria stormed the National Assembly seeking for legislation that will guarantee the protection.
Lifestyle, culture and religion have become the invisible fence to many homosexuals in Africa barring them from their freedom of sexual expression. A Kenyan blogger, Wilde Yearnings, was quite optimistic after US President Barack Obama officially declared June being a gay pride month and decriminalizing of homosexuality all over the world earlier this month. He posted Obama’s speech on his blog:
My Administration has partnered with the LGBT community to advance a wide range of initiatives. At the international level, I have joined efforts at the United Nations to decriminalize homosexuality around the world…NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim June 2009 as Lesbian, Gay, Bisexual, and Transgender Pride Month. I call upon the people of the United States to turn back discrimination and prejudice everywhere it exists.
Naughy Feeling commented on the post:
It is great our comrades in America are getting recognition. In our dear country we can’t stick our necks in the sand and tell ourselves all will be well. The gigantous task ahead demands of us that we kid not ourselves of the responsibility ahead of us. It may require sacrifices but all for the greater good. May God bless LGBT kenya n give us strength for what is ahead. But hey, look on the bright side, we can still have fun at it.
But will culture, religion and lifestyle factors derail the decriminalisation of homosexuality in most African countries or will it be as Wilde Yearnings described “meanwhile in Kenya… The struggle continues…”?
It has been said that homosexuality is a lifestyle adapted by Africans from the West, SebaSpace a Ugandan blogger tries to points out that his “sexuality” and “him ” are one, that homosexuality cannot be a lifestyle because for him to be involved with someone it has to be sexually, emotionally and spiritually bringing the fact that homosexuality is a physiological function too.
SebaSpace has been on a constant war with an anti-gay blogger also from Uganda and the war is always revolving around religion, culture and lifestyle. This created a stir in the LGBT blogosphere and another gay Kenyan blogger wrotes a post to answer the three questions The Red Pepper had asked. The questions were:
1. If you try to drink water through the ear, you naturally spoil it because it was created by God to do the hearing function. That’s physical harm.
2. when they discovered you were gay. You know very well how we love having grandchildren in Africa. Imagine what goes on in your parents’ minds to know that you will never give them grandchildren (I am assuming that you a die-hard gay man but if you are bi, please forgive me). So that is emotional harm.
3. Spiritual harm. You tamper with God’s plan of procreation. Understand that the main reason of creating the sexual organs was procreation purposes. For you in an attempt to be very creative, you put your organs at the disposal of pleasure only (I hope it is fun).If you have radical parents, they can start questioning God as to why he gave them such a child. I know parents of a gay boy who visited scores of witchdoctors thinking that their child had been bewitched. I can give you as many reasons as possible. I hope you are an objective gentleman who looks at things objectively.With so much hate from all sides, will the African Leaders put their priorities in order from all the pressure by the UN, IMF and World Bank and speak out for the sexual minorities or will still hold them in this invisible cage?
His answers:
The Ugandan rag called Red Pepper has been engaging Afro gay, a fellow Gay blogger from Uganda in arguments regarding the situation on Homosexuality in Uganda. Follow this link to see the full post. Recently, the editor of red pepper wrote to Afro arguing that he (Afro) was causing Physical, emotional and Spiritual harm to his family by being gay.
I promised Afro that I will write my responses to the Editor on my blog and link back with him. I have taken their questions, edited without altering the message and I have responded to each question.
I tend to disagree with you when you say that homos have never done anybody physical, emotional or spiritual harm.
Without any prejudice I want to tell you that they are guilty of all the three accounts.
Count 1. If you try to drink water through the ear, you naturally spoil it because it was created by God to do the hearing function. That’s physical harm.
Red pepper has made three elementary mistakes (assumptions) 1) The common one that homosexuality is equal to sodomy (their shallow analogy of the ear above) 2) Following number 1 above that sodomy is practiced only by homosexuals and 3) That all homosexuals engage in anal sex.
I will deal with the last one first. Is the paper saying they are ok with someone with homosexual orientation as long as they don’t engage in sex? Have they ever heard of celibate gay people and gay people who don’t engage in anal sex? Well, I have and know both types.
It’s worth noting, that from the very beginning sodomy and homosexuality were two categorically separate things. The correct definition of sodomy–then and now–is simply non-procreative sex, whether practiced by heterosexuals or homosexuals. It includes oral sex, masturbation, mutual masturbation, contraceptive sex, coitus interruptus, and anal sex–any sex in which semen does not find its way into a uterus.
The anal sex thing is one elephant in the room, but it’s not an inherent part of being gay, it isn’t an activity engaged in exclusively by gay people.
SebaSpace refused to answer the questions from Red Pepper. He gives reasons for his refusal: @ Africa: Gay and lesbian voices in African blogosphere
Global Voices Kenya
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