House health care bill helps LGBT’s
The health care bill passed by the House Saturday includes several LGBT-specific provisions.
Tags: Health Care Bill, Lgbt, ProvisionsHate Crimes Bill, Long Overdue
The Jewish Week Writes:
“There’s a good reason the Anti-Defamation League and a number of other major Jewish groups have made passage of a new hate crimes bill a top priority: there are still too many places in America where violent crimes against unpopular minorities are not investigated or prosecuted with any vigor.
Different versions of the measure have again passed both houses of Congress, and once again conservative lawmakers are trying to attach “poison pill” amendments and marshaling their forces to strip the hate crimes provisions when the measures go to a House-Senate conference committee. And once again, Jewish groups face a tough fight in protecting legislation that may be even more critical as the recession fuels the growth of assorted hate groups.”
See Hate Crimes Bill, Long Overdue
The Jewish Week
* Tags = gay men gay news lesbian news transgender bisexual
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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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Original source : http://gay_blog.blogspot.com/2009/07/gates-plan-ma…
Gays, Church clash on immigration
Same-sex partner provisions may be cut from immigration reform as religious groups complain.
Tags: Church Sex, Clash, Gays Sex, Immigration Reform, Provisions, Religious Groups, Same Sex, Sex PartnerGay & Lesbian community responds to Gov. Gibbons veto
Monday, Governor Jim Gibbons vetoed SB 283-the Domestic Partner Bill that Revises provisions governing the rights of domestic partners. SB 283 would establish a Domestic Partner registry through the Secretary of State’s office where couples, whether same-sex or opposite-sex, could register their relationships with the state and enjoy the protections granted to spouses under Nevada Revised Statutes. State Senator David Parks introduced the bill in an effort to provide same-gender and opposite-gender couples the legal protection and obligations for one another not otherwise allowed under current law in Nevada.
Gibbons writes that he vetoed the bill based on his opinion that it violates Section 21 of Article 1 of the Nevada Constitution. He surmises the will of the voters expressed in Question 2-which amended the Nevada Constitution in 2002, to define Marriage as, “Only a marriage between a male and female person shall be recognized and given effect in this state,” without providing any basis for his opinion. Legal opinions expressed by experts in legislative testimony during hearings on SB 283, and the opinion issued by the Legislative Council Bureau contradict his reasoning. Gibbons also claims in his letter that couples can contract privately through “estate planning…living wills..and amendments to leases and deeds of trust.” “If legal contracts were as simple as Governor Gibbons claims, more people would enter into them-same-gender couples or otherwise. The process of drawing up legal documents is expensive, time consuming and easily challenged in court. There is no guarantee that these contracts will stand up in court. LGBT couples seek only to provide security for their partners and families and that the decisions they make for one another will actually be binding,” said, Jennifer Bolton, Center Board Vice President. See Gay & Lesbian community responds to Gov. Gibbons veto
KTNV Las Vegas * Tags = gay men gay news lesbian news transgender bisexual
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New Study Says Obama Can Halt Gay Discharges With Executive Order
Military Law Experts Chart Course to End 16-Year Ban
SANTA BARBARA, Calif. — A study released today by a team of military law experts shows that the president has the legal authority to end gay discharges with a single order. The idea of ending the ban by executive order has gained momentum in the wake of news that mission-critical personnel, including Arabic language speaker Dan Choi, continue to be fired under the Obama administration because they’re gay. Congressman Rush Holt endorsed an executive order to end the ban on Saturday and National Security Adviser James Jones was asked about it by George Stephanopoulos on Sunday morning. The report, “How to End Don’t Ask, Don’t Tell: A Roadmap of Political, Legal, Regulatory, and Organizational Steps to Equal Treatment,” is sponsored by the Palm Center at the University of California, Santa Barbara.
Many have argued that only Congress can lift the ban on service by openly gay troops. But according to the study, Congressional approval is not needed. Dr. Aaron Belkin, Director of the Palm Center and a study co-author, said “The administration does not want to move forward on this issue because of conservative opposition from both parties in Congress, and Congress does not want to move forward without a signal from the White House. This study provides a recipe for breaking through the political deadlock, as well as a roadmap for military leaders once the civilians give the green light.”
There are three legal bases to the president’s authority, the report says. First, Congress has already granted to the Commander in Chief the statutory authority to halt military separations under 10 U.S.C. 12305, a law which Congress titled, “Authority of President to suspend certain laws relating to promotion, retirement, and separation.” Under the law, the President may suspend any provision of law relating to promotion, retirement, or separation applicable to any member of the armed forces who the President determines is essential to the national security of the United States during a “period of national emergency.” The statute specifically defines a “national emergency” as a time when “members of a reserve component are serving involuntarily on active duty.”
The second and third bases of presidential authority are contained within the “don’t ask, don’t tell” legislation itself. The law grants to the Defense Department authority to determine the process by which discharges will be carried out, saying they will proceed “under regulations prescribed by the Secretary of Defense, in accordance with procedures set forth in such regulation.” Finally, the law calls for the discharge of service members if a finding of homosexuality is made, but it does not require that such a finding ever be made. According to the study, these provisions mean that the Pentagon, not Congress, has the “authority to devise and implement the procedures under which those findings may be made.”
Diane H. Mazur, Professor of Law at the University of Florida College of Law and another study co-author, said the presidential authority to stop firing gay troops, known as “stop-loss,” is different from the highly unpopular stop-loss policy that the Army recently announced it would phase out. “That use of stop-loss forcibly extends service by those who wish to leave the military,” she said, “whereas suspending discharges for homosexuality would do the opposite: allow ongoing service by those who wish to remain in uniform.” The study says the provisions of the stop-loss law, which are granted by Congress, are “sensible because they give the President authority to suspend laws relating to separation when a national emergency has strained personnel requirements.”
The other four authors of the study in addition to Mazur and Belkin are Dr. Nathaniel Frank, a Palm researcher and author of “Unfriendly Fire: How the Gay Ban Undermines the Military and Weakens America”; Dr. Gregory M. Herek, Professor of Psychology at the University of California, Davis; Dr. Elizabeth L. Hillman, Professor of Law at the University of California Hastings College of the Law; and Bridget J. Wilson, who practices law at Rosenstein Wilson & Dean in San Diego. The report will also be published in a forthcoming book, “Department of Defense Social Policy Perspectives 2010,” edited by James Parco, David Levy and Fred Blass.
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 * Tags = gay men gay news lesbian news transgender bisexual
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Original source : http://gay_blog.blogspot.com/2009/05/new-study-say…
Wyoming murder “really a hoax,” congresswoman
As Congress approved legislation to expand the legal application of hate crimes, cosponsor Rep. Jim McDermott, D-Wash., proclaimed on Wednesday that “We have
declared America to be a hate-free zone.”
It may not be that easy.
During debate on the legislation, a Republican congresswoman from North Carolina questioned the decade-old Laramie, Wyoming murder that galvanized a national drive to impose penalties on hate-driven crimes.
Rep. Virginia Foxx, R-N.C., used the word “hoax” to describe the killing of Matthew Shepard, a young gay man who was tied crucifixion-style to a fence, repeatedly pistol whipped and left for dead. He later died in a local hospital.
“. . . We know that young man was killed in the commitment of a robbery,” Foxx told the House. “It wasn’t because he was gay This — the bill was named for him, (the) hate crime bill was named for him, but it’s really a hoax that continues to be used as an excuse for passing these bills.”
The “hoax” argument is directly contradicted by court testimony by girlfriends of the two men who murdered Shepard. Both girlfriends testified that the killers set out to find and rob a gay man. They befriended Shepard in a bar. The slight Shepard asked them to give him a ride home.
Foxx was not alone in her heavy prose. “Pedophiles and other bizarre sex orientations given protection by Congress,” headlined a release by the Traditional Values Coalition.
The legislation extends to women, gays and the disabled provisions of America’s existing hate crimes law. The law already singles out for special punishment violent crime based on race, religion and/or national origin of the victim.
Asked about Rep. Foxx’s “hoax” allegation, McDermott replied with a Latin maxim: “Res ipsa loquiter.” Translated, it means: The matter speaks for itself.
See Wyoming murder “really a hoax,” congresswoman Seattle Post Intelligencer
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Methodist Court Rejects Gay Marriage, OKs Bush Library
The United Methodist Church’s highest court has ruled that clergy may not officiate at same-sex unions, even in states where such marriages are legal, and gave the final OK for the George W. Bush Library to be built at Southern Methodist University.
The church’s nine-member Judicial Council rejected separate resolutions passed by the California-Nevada and California-Pacific Conferences that voiced support for clergy who officiate at such unions.
Last year, the 8.3 million-member church upheld rules in its Book of Discipline, or constitution, that Methodist churches cannot be used to host same-sex unions and clergy are prohibited from officiating at them.
The latest court ruling rejected a California-Nevada resolution that supported retired clergy who volunteered to conduct gay weddings, and a California-Pacific resolution upholding the “pastoral need and prophetic authority” of clergy to do so.
Between May and November, 2008, California allowed same-sex couples to marry until voters banned the practiced with a constitutional amendment.
“An annual conference may not legally negate, ignore or violate provisions of the Discipline with which they disagree, even when the disagreements are based on conscientious objections to the provisions,” the court ruled, according to United Methodist News Service.
In a separate case, the court said it found no reason to halt construction of the planned George W. Bush Presidential Center at the church-owned school in Dallas.
Critics contend the library complex and affiliated policy center will promote policies that the United Methodist Church officially opposed, including the Iraq War. The former president and his wife, Laura, are both United Methodists.
See Methodist Court Rejects Moves to Support Gay Marriage, OKs Bush …
Beliefnet.com
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Economy enters same-sex marriage debate
The nation’s economic crisis is now playing a role in the debate over same-sex marriage.
Supporters of same-sex marriage point to its economic benefits, both for those getting married and for states that sanction it. Opponents, however, say same-sex nuptials will actually “devalue” the institution and cost society more in the long run.
In Minnesota, the issue has even split two openly gay lawmakers, and for the purposes of this story, the two men agreed to sit down together for a joint interview.
Minnesota state Sen. Scott Dibble is one of those lawmakers. Dibble, a Democrat, is proposing one of two marriage-equality bills in the state Senate and says now is as good a time as any to propose gay marriage legislation because there is also an economic aspect to the debate. Legally married couples, he says, are generally in better financial shape overall.
“We’re in a time of economic crisis, and it’s difficult for everyone,” Dibble says, “more difficult for those families that don’t have access to those basic provisions for economic security.”
He says examples include the joint ownership of property; joint credit; the ability to share health-care benefits with a partner; and inheritance rights.
“People are beginning to understand that the rights and benefits and responsibilities and economic relationships that couples have with each other as a result of marriage or marriage-type laws are really basic to our ability to be able to provide for each other,” he adds.
“It’s really coming to light in context of this economic difficulty that we’re in the midst of.”
See Economy enters same-sex marriage debate
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Original source : http://gay_blog.blogspot.com/2009/03/economy-enter…
Gay parents row splits French government Indopia
A French bill granting rights to stepparents sparked a row in government today when a minister described it as an under-handed way of recognising gay parents and vowed to fight the measure.
Housing Minister Christine Boutin, a staunch Catholic and vocal opponent of gay rights in France, said the proposed legislation contained provisions on homosexual couples that were surreptitiously included.
“I will not accept that we recognise homosexual parenting and adoptions by homosexual couples in an under-handed way,”said Boutin in a statement.
“ Recognising the status of stepparents will lead to the de facto recognition of homosexual parenting and adoptions by homosexual couples,”she said.
President Nicolas Sarkozy last month announced the new legislation giving stepparents rights over the children they raise, saying it would bring the law in step with the modern reality of reconstituted families. See Gay parents row splits French government Indopia
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Original source : http://gay_blog.blogspot.com/2009/03/gay-parents-r…
