Culhane: How DADT repeal will help gay marriage
Depending on whom you read and rely on, the DADT ban is or is not about to be history. Many stories have been written on the proposed law, but not much has been said about this point: If the repeal does go through, the case for marriage equality becomes rhetorically stronger. Why?
First, unlike many of the laws that seek equality for the LGBT community, DADT and the ban on same-sex marriages are instances where the government itself is doing the discriminating.
Thus, the rhetoric that’s used in one case applies to the other: Government should treat all of its citizens equally. Even an unreconstructed libertarian like Rand Paul – currently in boiling water because of his statements that the government shouldn’t tell private businesses whom they can and can’t deal with (including, say, African-Americans) – should support a principle of basic fairness and equality for all citizens. (He doesn’t, of course, so his libertarianism is born of convenience, not principle.)
Second, the most-often heard argument against allowing gay and lesbian soldiers into the military is that they will disrupt “unit cohesion.” But if this argument is ultimately rejected in the one area in which it at least sounds plausible (if only because of a homophobic atmosphere that has too often come from higher-ranking military), that rejection weakens a similar argument that’s advanced by many of those who oppose marriage equality: Allowing gays, lesbians, and transgendered people to marry will weaken heterosexual marriages – disrupt their “unit cohesion,” if you will.
But if folks in the military can somehow learn to deal with gay and lesbian troops who live and fight alongside them every day, then surely straight couples can absorb the blow inflicted by living in the same society as same-sex couples.
Sometimes the argument is pitched at a slightly more sophisticated level: While marriage equality won’t immediately affect heterosexual couples, in the long run it will change the message of marriage by suggesting that the biological connection between parents and children isn’t important.
Maggie Gallagher is perhaps the anti-equality spokesperson most associated with this argument, but I’ve also heard it made during litigation. For example, during oral argument before the Iowa Supreme Court, the state’s dramatically unsuccessful effort (7-zip) to block equality leaned almost exclusively on a version of that argument.
Courts, though, are rarely impressed by such abstract arguments – especially when they carry more than a whiff of desperation. You’ll notice that the anti-equality forces haven’t been especially vocal about opposing adoption, surrogacy, or no-fault divorce laws, all of which of course sever the biological connections between parents and their children.
Nor do they acknowledge that marriage sends a bunch of other messages, too – including that one about commitment and the raising of children, together.
Against these arguments stand the obvious and debilitating discrimination against all of us – those who’d marry if we could, and those who wouldn’t but who are constantly reminded of our second-class citizenship. Faced with the balancing of that ledger, any self-respecting court should require sounder arguments for the continued exclusion of LGBT couples from the institution of marriage.
And recently, they have: Supreme Courts in California (pre-Prop 8), Massachusetts, Iowa and Connecticut have all read their state constitutional guarantees of equality to require the issuance of marriage licenses to same-sex couples.
Are there other arguments against marriage equality?
Not good ones.
Even Justice Scalia admitted, in his dissent in Lawrence v. Texas, that the marriage-procreation link isn’t a reason (we don’t require proof of reproductive capacity), and the related arguments that opposite-sex couples “need” marriage because only they can procreate “accidentally” (Oops! I Procreated Again!) is just plain dumb (even though it was accepted by the highest courts in both Washington and New York).
Religious arguments, of course, have no place in a public debate (for one thing: whose religion controls?)
So we’re left with this kind of discomfort with marriage equality – that somehow it will affect straight marriages, however indirectly and over time. Once this “unit cohesion” argument falls in the military setting, its demise in civilian life should be briskly achieved. Let’s begin to press this argument.
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, science, certain 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.
Weekend vigils around US to honor slain gay teens
Vigils will be held on Sunday across the country to honor the lives of Jorge Steven Lopez Mercado of Puerto Rico and Jason “Jaysen” Mattison Jr.
Both teens were brutally slain in separate instances last week.
These are the vigils we could find – please add others or additional information in the …
Lesbian albatrosses and bisexual bonobos have last laugh on Darwin
Charles Darwin argued that sexual preferences can shape the progress of evolution, creating displays, such as the peacock’s tail, that are inexplicable by natural selection alone.
It’s safe to say, however, that he did not anticipate the lesbian albatrosses of Hawaii. Nor bisexual bonobos. Let alone sadomasochistic bat bugs or the gay penguins of New York.
Homosexuality is so widespread among some animal species that it can reshape their social dynamics and even change their DNA, according to the first peer-reviewed survey of research on the subject.
From mammals to snails, and even nematode worms, homosexual behaviour is almost universal across the animal kingdom, and Californian scientists argue that it should be considered a selective force in its own right.
“The variety and ubiquity of same-sex sexual behaviour in animals is impressive — many thousands of instances of same-sex courtship, pair bonding and copulation have been observed in a wide range of species, including mammals, birds, reptiles, amphibians, insects, molluscs and nematodes,” write Nathan Bailey and Marlene Zuk of the University of California, Riverside.
Animals engage in same-sex activity for a variety of reasons, ranging from the need for an alternative child-rearing strategy to mistaken identity. “Male fruit flies may court other males because they are lacking a gene that enables them to discriminate between the sexes,” Dr Bailey said.
“But that is different from male bottlenose dolphins, who engage in same-sex interactions to facilitate group bonding, or female Laysan albatrosses that can remain pair-bonded for life and co-operatively rear young.”
See
Lesbian albatrosses and bisexual bonobos have last laugh on Darwin
Times Online
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
 |
Original source : http://gay_blog.blogspot.com/2009/06/lesbian-albat…
Gay animals may help species survive, scientists claim
More than 450 species of animals display gay behaviour, scientists have found.
In a paper, Trends in Ecology and Evolution, they suggested that homosexuality among animals may be vital for the survival of the species.
“The variety and ubiquity of same-sex sexual behaviour in animals is impressive,” wrote the paper’s authors Nathan Bailey and Marlene Zuk. “Many thousands of instances of same-sex courtship, pair bonding and copulation have been observed in a wide range of species, including mammals, birds, reptiles, amphibians, insects, molluscs and nematodes.”
“It’s been observed a lot,” Bailey, a post-doctoral researcher at University of California, Riverside continued. “But it took people a long time to put it in an evolutionary context.”
For traditional Darwinism, the notion of animals indulging in behaviour that will not result in procreation may seem confounding. However, Bailey and Zuk have argued that in many cases, gay behaviour in fact supports a species and can improve the chances of survival.
See Gay animals may help species survive, scientists claim PinkNews.co.uk
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/06/gay-animals-m…
LGBT asylum seekers ‘facing high levels of homelessness and discrimination’
Gay, lesbian, bisexual and trans asylum seekers are suffering from high levels of discrimination, homelessness and exploitation, a report has claimed.
The Over Not Out report, from Refugee Support, the refugee services arm of Metropolitan Support Trust (MST), suggests that support services for LGBT asylum seekers are frequently poor, resulting in individuals facing harassment or discrimination in their accommodation.
It was found that mental ill-health and prostitution were particular problems, and that many LGBT asylum seekers do not report instances of hate crime.
A gay Iranian man in his thirties told researchers: “I’m gay and these kinds of problems happen to me all the time in any shared accommodation where I go. If I want to avoid trouble I just have to go to my room, just lock myself in. And it’s not a life… Yesterday I saw a guy who has been on Section 4 support for nine years. I don’t know, it might happen to me. I cannot lock myself into my room for nine years…”
The report, launched yesterday in Westminster, recommended further training and funding for LGBT voluntary and community organisations in regards to asylum seekers, along with new requirements for landlords to protect them harassment. See
LGBT asylum seekers ‘facing high levels of homelessness and discrimination’
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/05/lgbt-asylum-s…
Gay Twins Win Sexual Harassment Lawsuit
Jed and Wyatt Lorenzen, openly gay twins who were hired as servers by Los Feliz restaurant Vermont in 2005, today won their sexual harassment suit against the eatery’s owners, another pair of openly gay men, Manuel Mesta and Michael Gelzhiser. Following a nine-day trial, each of the twins was awarded a paltry $1,000 for damages, begging the question of whether anyone really came out of the suit a winner.
In interviews the twins have claimed that Jed was fired from his waitstaff position for turning down sexual advances, while Wyatt was forced to abandon his job when the instances of sexual harassment had gone too far. They claim that the harassment went on repeatedly for more than a year, consisting of not only sexually explicit language but inappropriate touching during a restaurant Halloween party. MORE
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/03/gay-twins-win…
Yemeni Jihaddists Murder Three Gay Men
The militants appointed themselves judge, jury and executioner. The murder of the gay men is the same as the murder of the Jewish rabbi last month. In both instances, the militants justify their murder of minorities as a public service. The fanatical intolerance fostered by the neo-Salafis requires the extermination of “enemies” where enemies are defined as anyone who holds a different world view or refuses to submit to their totalitarianism. The jihaddists have growing control over various territory in Yemen that is distinct from the “ungoverned tribal regions” often noted as a security concern. The Talibanizaton of Yemen is more than a territorial expansion, its also a penetration of government structures and social mores. See Yemeni Jihaddists Murder Three Gay Men
Jawa Report, TX
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/01/yemeni-jihadd…
