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.
Uganda activists petition against anti-gay bill
(Kampala, Uganda) Critics of a proposed Ugandan law that would impose the death penalty for some gays say they’ve gathered 500,000 signatures calling for the bill’s rejection.
A delegation including Anglican priest Canon Gideon Byamugisha delivered the petition to Uganda’s parliament on Monday. Byamugisha says the bill teaches intolerance and hatred …
Gay leaders blame TV ads, Obama for loss in Maine
(San Francisco) Stunned and angry, national gay rights leaders Wednesday blamed scare-mongering ads – and President Barack Obama’s lack of engagement – for a bitter election setback in Maine that could alter the dynamics for both sides in the gay-marriage debate.
Conservatives, in contrast, celebrated Maine voters’ rejection of a law …
Our Genders, Our Rights
NEW YORK, NY - – - The Issues Magazine launched “Our Genders, Our Rights,” its Summer 2009 edition. A unique combination of articles, poetry, art and videos focus on a topic that is both utterly fundamental and wildly revolutionary: gender norms and gender identity.
Top writers discuss sex-selection abortion, gender expression, “Intersex” self-identification and a first-hand account of forced sex roles inside a polygamist compound in Texas.
Publisher and Editor-in-Chief Merle Hoffman’s editorial, “Selecting The Same Sex,” provides philosophical and personal insights into the issue of sex-selection abortion.
“There is one place where the definition of gender remains binary — in the womb. When it comes to sonograms, amniocentesis and standard pre-natal testing, there are no nuances. Here, the pronouncement, ‘It’s a girl,’ can translate into fierce and instant parental rejection. The fact is that when the issue is ‘sex selection abortion,’ the same sex is always being selected — female.” For Hoffman, this issue highlights questions of ethics, human rights and the moral autonomy of women.
“It’s about separating the chooser from the choice,” writes Hoffman.
In “Busting Bogus Biology and Beliefs” Mahin Hassibi notes: “For centuries, social constructs held that women owed allegiance and obedience to their husbands; children were the property of their fathers, who owned the children’s mothers.” Today, Hassibi says, discoveries in biology and reproductive technology may soon trump historical and cultural restrictions that wrongly limited women’s lives.
“My children would have undoubtedly been among the 439 seized in the raid,” writes Carolyn Jessop of the sweep through the polygamist compound. In, “American Taliban: Sect Controls Women’s Destinies,” Jessop gives an inside view of the abuse, misogyny and control of women’s bodies that continues today.
Writers also plunge into transgender concerns. “Asylum Pitfalls May Await the Transgender Applicant” by Victoria Neilson discusses the difficult process for trans applicants in the U.S. Eleanor Bader’s “Trans Health Care Is a Life and Death Matter” describes a pioneering feminist health program for trans patients in the South.
Photographic performer Tammy Rae Carland visualizes gender fluidity as the featured artist, and art editor Linda Stein conducts an interview with Elizabeth Sackler, whose passion for feminist art resulted in a new center at the Brooklyn Museum.
ABOUT US
On The Issues Magazine (www.ontheissuesmagazine.com) is a progressive, feminist, quarterly online magazine. Read more at the site — free and with archives from 1983. Merle Hoffman is the Publisher and Editor-in-Chief.
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In UK, New initiative launched to tackle homelessness among LGBT youth
Four leading LGBT charities have announced the launch of a new initiative to reduce homelessness among young LGBT people.
The initiative, known as ‘Jigsaw’, brings together the legal advisers Stonewall Housing, youth homelessness and support charity the Albert Kennedy Trust, the mental health organisation PACE and Galop, which supports victims of homophobic crime.
A joint statement from the groups said: “Despite the greater legal recognition of LGBT people, social acceptance is far from universal.
“Even in London today, many young LGBT people face rejection from their own family, persecution from their own communities, and even physical attack.
“Furthermore, most offenders of homophobic hate crime are aged between 16 and 20″.
Michael Nastari, the co-ordinator of Jigsaw, and a director of LGBT Youth Homelessness Prevention Network, commented: “The effects of homophobia and transphobia on young people’s lives can be devastating. As a result, they can fail to succeed in education, miss out on employment and training, and suffer a range of mental health issues.
See New initiative launched to tackle homelessness among LGBT youth
PinkNews.co.uk
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‘Come Out’ Album’s Message: God Loves You Just as Gay as You Are
LOS ANGELES, CA — Gospel singer and an out lesbian member of clergy in the Gospel Truth Music Ministry (http://www.rizigospel.com/), the Rev. Rizi Nasele Timane’ is unveiling her new album “Come Out,” a collection of original songs that call for full human rights for the lesbian, gay, bisexual and transgender community. As part of the album’s promotion, Timane’ is touring the United States during the summer of 2009.
The album’s title song challenges the fundamentalist notion that God and the Bible condemn homosexuality and strives to educate the public about what the Bible really says and does not say about homosexuality. “I have extensively studied the Greek and Hebrew translations of the Bible, and I found that, when interpreted properly, the Bible does not condemn homosexuality at all,” stated Timane’.
“I’m the first out lesbian reverend and gospel singer from Nigeria, West Africa,” Timane’ continued. “I was one of the first people to identify as openly gay in homophobic Africa, and I know firsthand how that rejection translates to drug addiction and suicide.” According to the Massachusetts 2006 Youth Risk Survey, lesbian, gay, bisexual, transgender and questioning youth are up to four times more likely to attempt suicide than their heterosexual peers. Additionally, San Francisco State University’s Chavez Center Institute has found that LGBTQ youth who come from a rejecting family are up to nine times more likely to attempt suicide than their heterosexual peers because of the negative treatment endured.
“For LGBT persons, this painful struggle with religion or spirituality and sexuality is responsible for depression, low self-esteem, drug addiction, self-abuse, isolation and the entering into of false heterosexual marriages,” said Timane’. “Worst of all, it’s responsible for thousands of suicides each year in the LGBT community, especially amongst our teens and young adults. It is my hope to put a stop to these negative traits and suicides by re-educating our community.”
“Anti-LGBT arguments like the one contending that California’s Proposition 8 ensures children’s wellbeing by providing them with a mother and father are totally absurd. In the case of Proposition 8, the state’s laws permit adoption by gay and lesbian parents as well as single parents and even allows courts to assign a single grandparent, aunt, uncle or even a non-blood relative to be a child’s guardian or caregiver,” continued Timane’.
“The goal of my new album is to enable any LGBT person seeking God to know that God loves them just as gay as they are,” states Timane’. She also wants to help those who are struggling with their spirituality and sexuality, just as she did for many years, to finally find complete reconciliation and affirmation.
Gospel music lovers and Timane’ fans will be able to attend live performances at the following times and events:
– June 20 at 2:50 p.m., Rhode Island PrideFest in Station Park
– June 27 at 3 p.m. and June 28 at 12:30 p.m., San Francisco Pride Celebration in Civic Center Plaza
– July 9 at 7:30 p.m., Annual Fellowship Convention in Westin Atlanta Airport hotel
– July 18 at 2 p.m., San Diego Gay Pride 2009 in Balboa Park
To learn more about Timane’ and her experiences as a gay Christian that inspired her music, visit http://www.rizigospel.com/.
“Come Out” video: http://www.youtube.com/watch?v=Rfre1lV61Es
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Quebec promises funds to help homosexual seniors facing discrimination
The Quebec government is spending half a million dollars on an education campaign meant to improve the lives of gay, lesbian and transgendered seniors.
It’s a subject so taboo that the cabinet minister responsible for seniors and representatives of the gay and lesbian communities couldn’t find a seniors residence willing to host a news conference.
It was eventually held in a community centre on the fringes of Montreal’s gay village.
Still, Minister Marguerite Blais says it’s more about ignorance than malice.
“We would have found a residence eventually,” she said. “I don’t want to accuse anyone of anything. I just want to show how important it is to educate people on this issue.”
Laurent McCutcheon of the gay helpline Gai Ecoute says homosexuality isn’t discussed in most institutions that serve the elderly, leading many Quebec seniors to hide their sexual orientation.
As they age and lose their autonomy, gay, lesbian or transgendered seniors face stigma, loneliness, social isolation, rejection and in extreme cases, harassment from the very institutions they depend on to meet their needs. See Quebec promises funds to help homosexual seniors facing discrimination
The Canadian Press * Tags = gay men gay news lesbian news transgender bisexual
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Russian lesbian couple denied marriage license
(Moscow) A Russian lesbian couple was denied a marriage license by an embarrassed-looking government official Tuesday, just days ahead of a banned gay pride parade in Moscow.
Irina Fedotova and Irina Shipitko were handed a written rejection from an official in a registry office in central Moscow on Monday.
The office director, …
Anti-Gay Bullying At Some Kennewick Schools. School Leaders Working on Changes
KENNEWICK, Wash.– Anti-gay bullying in school for some students is a daily battle. One student at Kamiakin High describes what it’s like through her eyes. “I know friends that have gotten serious threats and they either go home for a few days, or transfer schools,” said Taylor Pack, a student. Pack says her and others have asked school staff to start a Gay Straight Alliance on campus, but were told it wouldn’t be well received. Kennewick staff know it’s a problem they need to address. “Kids are experiencing rejection for no good reason and I think we have work to do to fix that,” said Wendy London, a member of the Kennewick School Board. That’s why about two weeks ago London attended a meeting at the Vista Youth Center. There she heard feedback from students like Taylor. It was a first for London and may also be the first step toward change. “We are concerned about student safety and we can’t address policy unless we have information about what’s actually going on in our schools,” said London. London says while there may be some resistance at first, no tolerance for bullying policies are among some of the changes she hopes to see in the future.
KNDO/KNDU * Tags = gay men gay news lesbian news transgender bisexual
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Vatican dismisses criticism of Pope’s HIV views
(Yaounde, Cameroon) The Vatican defended Pope Benedict XVI’s rejection of condoms as a way to stop HIV after international criticism Wednesday that he was weakening the fight against the disease.
France and Germany sharply critiqued Benedict’s declaration that distributing condoms “increases” the AIDS problem. The French foreign ministry said the statement …
