Culhane: Obama’s LGBT report card
At a recent fund-raiser for Senator Barbara Boxer, Obama was heckled [1] on the military’s “Don’t Ask, Don’t Tell” policy, and some think this isn’t such a bad thing. Even though Boxer is one of our biggest supporters, the protesters’ sentiment captures a frustration many in the LGBT community feel over Obama’s record on our issues.
But is the frustration justified? How, more than a full year into his Administration, should our community grade the President on his performance so far? Speaking from my legal perspective, I’d give him a passing grade (B-, maybe).
This may seem startling to some that I would pass him at all, because very little of the legislation he promised has been enacted. From a candidate who courted the LGBT community on issues ranging from DADT, to the Employment Non-Discrimination Act, to the repeal of the Defense of Marriage Act, we’ve gotten nothing on those issues to date. ENDA may not have the votes in the Senate to pass DADT repeal seems like a moving target, and DOMA’s not even on the radar screen.
We have only hate crimes law, hardly a major victory. Worse, Obama has spent little of his political capital pushing for any of these goals.
So why the B-? It sounds like a “D” would be more appropriate.
But this overlooks the limits of Presidential power to enact legislation. It’s obvious but easy to forget that the President has no power to actually pass any laws. True, Presidents do suggest legislation that they want to see enacted, but they have only the “bully pulpit” of office to make anything happen. And one thing we’ve learned about Obama is that he’s reluctant to use that pulpit to talk directly to the people in support of his agenda. His passionate advocacy for the health care reform bill is the exception that proves the rule.
Of course, Obama could and should use the fact that his party substantially controls both houses of Congress to urge action on these bills, but given the way the filibuster has metastasized into an every-vote thing, he needs all of the Democrats and now at least one Republican for anything to clear the paralyzed Senate. So what can or should he do?
Let me quickly dispel any suggestion that I’m giving the President a pass on any of this. He could and should be trying to do more, especially on DADT where the Administration’s public pronouncements have been harder to chart than the course of a mosquito.
Saying in response to hecklers that he supports the policy’s repeal just won’t cut it any more. And the protesters deserve our gratitude for calling Obama on what Andrew Sullivan has called “the fierce urgency of whenever.” [2]
Yet legislative inaction isn’t the whole story. We should look at what Obama is doing in areas where he can effect change without Congress. Here I’m talking about the vast body of law – including administrative matters and the interpretation and enforcement of legislation – that’s under the control of the Executive Branch. And here, with at least one glaring exception, he’s done much better.
Let’s start with the exception: In defending DOMA against a lawsuit last year, Obama’s Department of Justice wrote a needlessly offensive brief [3] that, as I wrote at the time, “seemed to have been intended to set the course of judicial progress on gay rights back many years.” I was hardly the only blogger to go ballistic over the brief, and then…things got better. A later brief in the case expressly disavowed the argument that children did better in homes headed by opposite-sex parents [4] than in our homes.
Then there was another encouraging performance by the DOJ in a recent bullying case. [5] The Administration took an aggressive and unsettled legal position, arguing that Title IX (the federal law that protects against gender discrimination in education) also covers discrimination based on gender stereotyping.
From the administrative law standpoint, there have been a few other encouraging moves: putting into place long-awaited rules that lifted the HIV immigration restriction; the very recent directive to the Department of Health and Human Services to honor hospital patients’ visitation wishes (in a memorandum that expressly cited the problems of gay and lesbian couples); a memorandum that extended some limited benefits to the same-sex partners of federal employees; and the recent announcement that DADT will now be enforced more “humanely.” None of these actions require acts of Congress, and Obama has at times stepped smartly into this breach.
Should any of us be satisfied if Obama’s (first? only?) term ends with a few more administrative moves, but no additional legislation? No. He has to deliver what he promised, whatever the obstacles. We have to demand results. Above, I gave him a passing (probably inflated) grade on his performance so far.
But the more precise assessment is: ”Incomplete.”
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, biology, sports, pop culture, philosophy and lots of personal stuff) at http://wordinedgewise.org [6]A fuller bio is here [7]. Starting next Tuesday, he will be blogging the week-long Equality Forum [8] from Philadelphia.
[1] http://www.365gay.com/blog/withers-protestors-interrupt-obama-at-fundraiser/
[2] http://andrewsullivan.theatlantic.com/the_daily_dish/2009/05/the-fierce-urgency-of-whenever.html
[3] http://wordinedgewise.org/?p=128
[4] http://wordinedgewise.org/?p=300
[5] http://www.365gay.com/news/culhane-how-to-stop-gay-bullying/
[6] http://wordinedgewise.org/
[7] http://law.widener.edu/Academics/Faculty/ProfilesDe/CulhaneJohnG.aspx
[8] http://equalityforum.com/
Gay Muslims in the UK
Dominic James from www.tomdickandsally.com – takes a look at the lives of gay muslims in the UK.
With the advent of civil partnerships it is easy to forget that significant sections of the gay community in the UK live in fear. There are approximately 125,000 gay Muslims in the UK and most live with feelings of shame and guilt.
Although, leading clerics assert homosexuality to be against the teaching of The Quran, there are tentative signs of the beginnings of an acceptance within the Muslim establishment and the internet provides an important forum for gay Muslims to connect and support each other.
Most Muslims could never imagine that someone praying beside them at their local Mosque could possibly be gay. Islam teaches that homosexuality is evil, and as a result most gay men and lesbians will remain in the closet or choose not to follow their natural instincts. With around 1.25 million Muslims in the UK, it is estimated that the challenge of being homosexual in this community affects around 125,000 individuals every day.
This significant minority is likely to be living with feelings of shame, guilt and fear; aware of how their community will judge them and even ostracise them. Iftekhar Hai, Director of Interfaith Relations for the United Muslims of America, says that homosexuality is unnatural. He points to a verse in the Quoran where the prophet Lut says “For ye practice your lusts on men in preference to women: ye are indeed a people transgressing.”
“According to the scripture, there’s no doubt,” Hai said. “It’s not right and proper.”
However, there are now alternative views being expressed. A number of Muslim scholars are arguing that in the Quoran men are punished for raping and abusing other men, not for engaging in consensual gay sex. Indeed, it is argued that the traditional interpretations were made by heterosexual men, whereas there are now some gay Muslim writers coming out of the closet to redress the balance.
In the context of this oppressive environment, gay Muslims seek alternative means of support in the community. An example I came across recently is the website forum Al-Fatiha, a support group for gay Muslims. A short visit to this site reveals just how deep and complex the issues are. One posting reads:
“I feel like a rag doll in the middle of a tug of war, and for all of you who are in the same boat, you know what a difficult position this puts us in…I’ve come to realize that I cannot be the only one in the world in this predicament. So if you are a lesbian Muslim in a similar situation, I’d love to talk to you, and maybe we could help each other out.”
Sir Iqbal Sacranie, Britain’s most senior Muslim, described homosexuality as a harmful, immoral vehicle for spreading disease, so it is no surprise that the internet remains the only place where many gay or bisexual Muslims can reveal their true selves.
As part of a piece on gay Muslim life, The Times contacted members of this community and described it as “underground”. The article reveals a world where thousands of lives have been wrecked by sham marriages, lying, unacknowledged HIV and crippling isolation.
Among a number of powerfully descriptive stories, “Zac”, 24, tells how he has been prevented from living as a gay man. He describes how his parents had forced him into an arranged marriage with his Pakistani cousin in the hope that it would “make me straight”. He is now “trapped” at home with his pregnant wife, overwhelmed by feelings of frustration and resentment towards his parents.
But what about your experience?
The gay support group Al-Fatiha are embarking on a historic survey of Muslims who are lesbian, gay, bisexual, transgender, intersex, queer, and questioning or exploring their gender identity and/or sexual orientation (LGBTIQQ).
The results of the survey will tell Al-Fatiha about the muslim community, people’s experiences and concerns. The results will guide Al-Fatiha’s educational and advocacy work on behalf of LGBTIQQ Muslims, and will be shared with the entire community. To fill out the survey, click here.
It can be difficlt and confusing to come out in a faith which doesn’t allow you the freedom to be who you are, but in terms of the muslim faith, there are number of support groups who offer help and advice, including Imaan and Al-Fatiha.
* Tags = gay men gay news lesbian news transgender bisexual
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Original source : http://gay_blog.blogspot.com/2009/06/gay-muslims-i…
States grant more rights to gay couples
When Maine‘s highest court ruled two years ago that lesbians Marilyn Kirby and Ann Courtney could adopt the two children they had cared for since 2001, the man who has led the state battle against gay marriage for 25 years got a glimpse of the defeat now looming.
“There’s a sense people have — a sense of inevitability — and a tremendous sense of frustration because of the history of the gay-rights fight in Maine,” said Michael Heath, executive director of the Maine Family Policy Council.
He was referring to rights incrementally accorded gay couples that have led to virtual equality between same-sex and heterosexual unions in states where gay marriage remains banned, a growing trend in Maine and elsewhere, experts on both sides of the issue agree.
These rights are expanding as legally married gay couples relocate to states that don’t allow gay marriage, forcing courts, legislatures and employers to deal with a new wrinkle on issues of custody, divorce, inheritance and end-of-life decisions.
See States grant more rights to gay couples
Chicago Tribune – United States
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Original source : http://gay_blog.blogspot.com/2009/05/states-grant-…
Same-sex marriages gradually gain legal ground
“There’s a sense people have — a sense of inevitability — and a tremendous sense of frustration because of the history of the gay rights fight in Maine,” said Michael Heath, executive director of the Maine Family Policy Council.
Those rights are expanding as legally married gay couples relocate to states that don’t allow same-sex marriage, forcing courts, legislatures and employers to deal with the resulting issues of custody, divorce, inheritance and end-of-life decisions.
The adoption ruling in Maine had the effect of granting parental rights to same-sex couples. By the time the Legislature adjourns for the summer, experts expect Maine to become the fifth state to legalize same-sex marriage — 11 years after voters banned it.
In California, federal judges have twice overruled decisions by the federal government to deny healthcare coverage to gay employees’ legal spouses, teeing up a constitutional challenge to the 1996 Defense of Marriage Act, which forbids federal benefits for same-sex couples.
Same-sex marriage is legal in Connecticut, Iowa, Vermont and Massachusetts, which began the trend five years ago. (Iowa issued its first marriage licenses April 27, a few weeks after its Supreme Court gave approval; weddings in Vermont will begin in September.) Within a year, Maine, New Hampshire, New Jersey and New York will probably follow suit, say sexual orientation scholars at the UCLA School of Law’s Williams Institute; New Hampshire’s Senate approved a same-sex marriage bill Wednesday.
And as more same-sex couples wed in places where it is legal, the administrative fallout in other states is expected to keep expanding.
“The courts are going to have to wrestle with these issues as more and more states make it possible for people to marry,” said Toni Broaddus, executive director of the San Francisco-based Equality Federation. “People don’t stay in the same state for their whole lives anymore, so the courts in states without marriage equality are going to have to address these issues.”
The recent moves in New England and the heartland to legalize gay marriage appeared to reinvigorate campaigns for passage of same-sex marriage bills in Maine, Maryland and Hawaii. Rights advocates predict the tide will eventually sweep even into some of the 30-plus states that have passed laws or constitutional amendments defining marriage as between a man and a woman.
“A body of law is emerging because it has no choice. Cases have been filed and they have to be decided one way or another,” said Joseph Milizio, a Long Island lawyer specializing in gay and lesbian representation.
The legal developments allow people to become comfortable with “the fact that gay marriage is going to be recognized in many different aspects, even in states that don’t allow it,” said Milizio, whose firm recently secured the first dissolution of a same-sex marriage in New York.
In the workplace, proponents of extending spousal rights such as healthcare benefits and life insurance to same-sex couples have succeeded by challenging employment practices that discriminate on the basis of sexual orientation. Seven states, including California, now guarantee full equality to same-sex couples — another incremental advance that is lamented by opponents.
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Original source : http://gay_blog.blogspot.com/2009/05/same-sex-marr…
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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Discovery Health Features Two Groundbreaking GLBT Profiles in TRANSGENDER M.D. and FOSTERING LOVE
(Silver Spring, Md.) — This month, Discovery Health will air two programs profiling incredible stories about members of the gay, lesbian, bisexual and transgender (GLBT) community. TRANSGENDER M.D. — premiering Thursday, February 12 at 8 PM ET/PT — follows the medical practice of Dr. Marci Bowers, the only OB/GYN in the tiny town of Trinidad, Colorado. Dr. Bowers is world-renowned for her progressive work in the field of gender reassignment and is the reason that Trinidad has become known as “the sex change capital of the world.” But Dr. Bowers has a secret — she was actually a “he.” Originally born male, Dr. Bowers formerly was known as Mark, a married father of three who came out with his desire to become a woman and underwent gender transition from 1996-1998. Today, Dr. Bowers lives happily as a woman with her partner in Trinidad. TRANSGENDER M.D. showcases Dr. Bowers’ dedicated work as she endeavors to give patients the same opportunity that she had, and the lives they have always wanted.
Premiering Wednesday, February 18 at 8 PM, FOSTERING LOVE is the story of a married same-sex couple in California with more than enough love to go around. Meet Jim and Mark, parents with an ever-growing family comprised of biological, foster and adopted children. Together for six years, Mark and Jim recently decided to move their brood from the city to the country to live and work on an alpaca farm. Amid this change, Mark and Jim are attempting to adopt Olivia, a baby girl they have fostered since birth — but complications with Olivia’s birth mother threaten to interfere with their dreams. Discovery Health’s cameras capture the joy and occasional frustration that come along with raising a family full of infants, toddlers and teenagers, while attending to a barnyard full of animals.
TRANSGENDER M.D. and FOSTERING LOVE are produced for Discovery Health by MEg TV. For Discovery Health, Lisa Lucas is executive producer and for MEg TV, Nancy Saslow is executive producer.
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Primates’ Meeting opens in ‘fog of confusion’
The viability of the Primates’ Meeting as one of the communion’s four “instruments of unity” is also under question. Archbishop Peter Akinola has urged primates to be consistent and not abandon the undertakings and pledges made at past gatherings. Others have voiced frustration with the Communion’s current ecclesial structures, suggesting that Alexandria and the May meeting of the Anglican Consultative Council in Jamaica may be the last pan-Anglican global gatherings.
The primates have come at the invitation of Dr Williams to Alexandria , the Secretary General of the Anglican Consultative Council, Canon Kenneth Kearon said, to review the work of the Lambeth Conference, explore issues of common interest, and prepare for the gathering of the ACC in Jamaica in May.
See Primates’ Meeting opens in ‘fog of confusion’
Religious Intelligence Ltd
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Original source : http://gay_blog.blogspot.com/2009/02/primates-meet…
Prop 8 Town Hall Casts Blame For Loss
West Hollywood, California - Reacting to the exclusive cyber town hall run by the No On 8 campaign a fortnight ago, to which access was limited to non-Apple platform users and those with high speed Internet connections, grassroots activists gathered at West Hollywood Auditorium on Sunday for a traditional town hall meeting on the loss of the No On 8 campaign.
Most of the voices heard expressed frustration and/or anger at what they called the insular and inept leadership of the campaign.
Organized by Robin Tyler, one of the plaintiffs in the lawsuit that won Californians the right to marry, and the organization Marriage Equality, on whose board she sits, a panel of long time activists listened to speakers and then opined themselves on the No On 8 campaign’s shortcomings.
As the meeting wore on, it became apparent that a consensus developed that the grassroots part of the movement had been used poorly, at best, and ignored completely at worst.
Prominent gay movement icon Ivy Bottini, a West Hollywood Lesbian and Gay Advisory Board member and veteran of anti-gay initiative politics, having led the successful fight against 1976’s Proposition 6, the Briggs Amendment, noted immediately that she had not even been called by the small No On 8 executive campaign committee.
See Prop 8 Town Hall Casts Blame For Loss
WeHo News, CA
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Social conservatives worry about ‘activist’ justices in gay …
There is distinct frustration in the voices of Iowa social conservatives as they talk about the possibility of the Iowa Supreme Court striking down the state’s 1998 Defense of Marriage Act and allowing same-sex couples to wed.
On Tuesday morning, the court heard oral arguments in the case of Varnum v. Brien. The case, filed initially by six same-sex couples who were denied marriage licenses by Timothy J. Brien, the Polk County Recorder, was given summary judgment in Iowa District Court in August 2007. Although the lower court’s decision was placed on hold pending the appeal to the high state court, one same-sex couple was able to quickly maneuver through the marriage process. The fate and validity of that marriage now hinges on the ruling from this appeal.
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Iowa Independent – Des Moines,IA,USA
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