Lambda slams school officals re: South Medford High School student and Gay Straight Alliance

(Medford, Oregon, April 17, 2009) — Lambda Legal has sent a letter of support to South Medford High School Principal Kevin Campbell, Medford School District Superintendent Phil Long, and the School Board on behalf of South Medford High School student and Gay Straight Alliance member Connie McNair.

The letter objects that school officials have been imposing restrictions on the Medford High GSA to which no other on-campus group is subject and that seriously burden club members’ free speech and associational rights. These include requiring GSA members to get prior approval for their announcements and activities from an assistant principal, deeming the club’s legitimate educational activities illicit “proselytizing,” and even prohibiting the club from formally announcing today’s “Day of Silence.” The Day of Silence is a national event calling attention to anti-gay bullying and harassment in schools.

In the letter, Lambda Legal Staff Attorney Tara Borelli writes “While we hope that the school’s actions to deter the GSA’s activities are simply the result of confusion about its obligations, the law in this area is well-established and school’s unequal treatment of the GSA is difficult to understand and should be remedied swiftly.”

In addition to the freedom of speech guaranteed by the Constitution, public school students are also protected by the federal Equal Access Act. The EAA says that if a school receives federal funds and allows extracurricular student groups to meet, it cannot discriminate against any of the groups based on the content of its speech. GSA groups across the country have used the EAA in court to protect their right to free speech.

“It’s simply unlawful for South Medford High School to create unequal obstacles for Connie or the GSA, or to stifle the GSA’s announcements about the Day of Silence,” said Borelli. “We want to remind South Medford school officials that they have a responsibility to protect lesbian, gay, bisexual and transgender students, and we’re asking them to lift any restriction applying to the GSA but not to other groups.

“All we want is safety and equality within our school,” said McNair. “Our GSA members want
students, school officials, and the community to know that we can’t be discriminated against based on our speech or activities.”

Lambda Legal has given school officials until May 1 to respond to the letter.

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Gay businessman gets anticipatory bail

MUMBAI: A sessions court has granted gay businessman Ratan Shrivastav anticipatory bail. His wife, Pooja, had filed a case against him under Section 377 of the Indian Penal Code. Homosexuality is a cognizable offence in India.

While granting Shrivastav bail, Judge D U Mulla held that there was no need for custodial interrogation in the matter. Pooja had lodged a complaint with the Gamdevi police station in February, claiming that Shrivastav’s relations with other men was taking a toll on their marriage.

The complaint was filed against Shrivastav, a resident of Peddar Road, and his alleged partner, Damien Christopher, a sailor with the merchant navy. Christopher has already been granted anticipatory bail. Shrivastav’s advocate V Kantawala told the court that Pooja married his client in 1994, and had been living with him ever since. The couple has an eight-year-old son. See Gay businessman gets anticipatory bail

Times of India

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200 Supporters of Gay & Lesbian Community March in2009 Los Angeles Chinatown New Year’s Parade

Contingent Organized by API Equality-LA Draws Record Participation

Los Angeles – On Saturday, January 31, 2009, a record 200 people joined the API Equality-LA contingent in the Golden Dragon Parade in Los Angeles’ Chinatown, one of the city’s most popular community event. Saturday marked only the fourth time in the parade’s 110-year history that a contingent representing and supporting lesbian, gay, bisexual and transgender (LGBT) members of the Asian and Pacific Islander (API) community has participated in the parade.

“We expected a strong turnout after all of the energy in our community since the November 2008 election, but we were absolutely astounded to welcome 200 participants – nearly three times as many as last year!” said Ericson Herbas, API Equality-LA steering committee member and one of the organizers of the contingent. “Particularly meaningful for all of us, we were also joined this year by same-sex couples who had been able to legally marry before November 2008.”

Wearing bright red t-shirts, the large contingent marched proudly through the streets of Chinatown, carrying banners displaying the six colors of the rainbow. The rainbow is commonly used to represent the pride of the LGBT community and was chosen by the API Equality-LA contingent to also represent the diversity of the coalition’s membership and supporters.

“Our participation in the lunar new year parade each year sends a powerful message of pride, diversity and inclusion,” said Marshall Wong, API Equality-LA co-chair. “Saturday was a wonderful way to enter the Year of the Ox. It is said that the Ox is a sign of prosperity through fortitude and hard work. Fortitude and hard work describe exactly what we need to win back the freedom to marry for the LGBT community. Today we took a short stroll around Chinatown but we’re committed to the long march to full equality.”

The contingent was led by a drum troupe playing traditional Korean drums, comprised of volunteers from the Koreatown Immigrant Workers Alliance (KIWA). And bringing up the rear of the API Equality-LA contingent was Danza Méxica Cuauhtemoc, a cultural troupe performing traditional Aztec dances, accompanied by Aztec drums and dressed in traditional Aztec clothes and tall feather headdresses.

“API Equality-LA was thrilled to be able to include both Korean and Aztec drums as well as Aztec dancers,” said Eileen Ma, another API Equality-LA steering committee member and organizer of the contingent. “For us, the drummers and dancers reinforced our message of pride in our diversity as a community.”

The diversity of the marchers was also evident in the organizations that officially joined the API Equality-LA contingent, many of whom proudly displayed their own organizational banners as part of the contingent. In addition to API Equality-LA, other organizations who participated in the contingent included: Asian Pacific American Legal Center (APALC); Asian Pacific Health Care Venture (APHCV); Asian Pacific Islander Parents, Families and Friends of Lesbians and Gays (API PFLAG); ); California Faith for Equality; Chinese Progressive Association (CPA) of San Gabriel Valley; Equal Roots Coalition; Gays United Network (Gays U.N.); Japanese American Citizens League (JACL); Koreatown Immigrant Workers Alliance (KIWA); Little Tokyo Service Center (LTSC); Love Honor Cherish; OCA-Greater Los Angeles; South Asian Network (SAN); and Asian Pacific Islander Pride Council, which includes Asian American Queer Women Activists (AAQWA), Asian Pacific AIDS Intervention Team (APAIT), Chinese Rainbow Association, Gay Asian Pacific Support Network (GAPSN), and Satrang.

(photo credit Ericson Herbas) * Tags = gay men gay news lesbian news transgender bisexual

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Marine General Questions Obama Plan to Study Gay Ban, Scholars Concur that More Study is Unnecessary and Could Have Political Costs

SANTA BARBARA, Calif. — A retired Brigadier General for the U.S. Marine Corps has questioned the Obama administration’s plan to form a Pentagon commission to study “don’t ask, don’t tell.” “There’s been enough studying throughout the years,” said General Hugh Aitken. “Creating a new study will not change the facts.” Aitken participated in a comprehensive 2008 review of the policy which found that there is no evidence showing that openly gay service would harm the military, and a great deal of evidence showing it would not.

According to a February 1st Boston Globe report, the Obama administration has decided not to move forward on repealing “don’t ask, don’t tell” until the Pentagon can “undertake a detailed study of how a change in the policy would affect the military.” This may not happen for several months or longer, says the Globe article.

But scholars echoed General Aitken’s argument. Dr. Nathaniel Frank, senior research fellow at the Palm Center and author of the forthcoming book, Unfriendly Fire: How the Gay Ban Undermines the Military and Weakens America, said he has reviewed “all of the evidence on gays in the military, and there is simply no question about whether or not a policy change would undermine unit cohesion. It would not.”

Dr. Laura Miller, a well-respected military sociologist who co-authored a study on gays in the military with the late Charles Moskos, author of the gay ban, said, “you don’t need a commission to tell you that you need to retain every able, trained, experienced and productive member at a time when both the stakes and the manpower needs are high.”

Dr. Gary Gates, a UCLA scholar who has authored a number of studies on gays in the military, agreed that “the proposal to study ‘don’t ask, don’t tell’ yet again seems unnecessary. Extensive scholarly research already shows that allowing the 65,000 gays and lesbians currently in uniform to serve openly will not harm the military in any way.”

Professor Diane Mazur, a former Air Force officer who teaches at the University of Florida and who has published widely on gays in the military, added that “every research study published over the last fifteen years has concluded that military readiness is not harmed — and may be strengthened — when all qualified Americans can serve and no one has to live in secrecy.”

Relevant research includes an extensive 1993 study by the RAND corporation as well as two official military studies: a 1989 study by the Defense Personnel Security Research Center and the Navy’s 1957 Crittenden report. It also includes numerous academic studies published in leading military journals such as International Security, Armed Forces and Society, and Parameters, the official journal of the U.S. Army War College. Most recently, a bi-partisan panel of retired flag officers, which included General Aitken, released a report last year which found that “don’t ask, don’t tell” was unnecessary and harmful to the military. All these studies reached the same conclusion: that allowing open gay service would not undermine the military.

Frank’s new book, which is being called the definitive story of “don’t ask, don’t tell,” chronicles the history of the 1993 debates over gay service and shows that, even then, the word “study” quickly became code for “delay and kill.” “Sam Nunn said any review of the gay ban should begin with a ‘Pentagon study’,” said Frank. “Colin Powell said the president should move cautiously and ‘study’ the issue; Bob Dole said the president should appoint a ‘study commission’; and ultimately President Clinton called for a 6-month ‘study’ period. The result was ‘don’t ask, don’t tell’ which has made no one happy. I think there’s a lesson here.”

Dr. Aaron Belkin, director of the Palm Center and a nationally recognized expert on gay service, said that President Obama has stroke-of-the-pen authority to suspend gay discharges because, while the law mandates discharge if a “finding” is made of homosexual conduct, nothing in the law requires that such a finding be made. Given CNN’s December 2008 poll showing 81 percent public approval for open gay service, Belkin said, Obama should not hesitate to end the policy by executive order.

“Ironically, Obama’s careful effort to avoid Clinton’s mistakes could cause him to repeat them,” he said. “When President Clinton called a time-out to study the situation, that allowed opposition forces time to rally. In some cases, the Pentagon just needs to be told what to do.” Belkin said he has been told privately by top military officials that in cases like this one, they often prefer to be told what to do. “They know it’s the right step,” he said, “and sometimes they’d rather it be made for them.”

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.