California State Supreme Court meets on gay marriage
The California Supreme Court will hear arguments today on whether Proposition 8, the anti-gay-marriage initiative, should be upheld and, if so, whether the marriages of an estimated 18,000 same-sex couples should remain valid.
During a three-hour televised hearing this morning, the San Francisco-based high court will examine whether the November ballot measure was an impermissible constitutional revision or a more limited constitutional amendment.
The court will need to decide the fate of existing same-sex marriages only if it is prepared to uphold Proposition 8, which many legal analysts believe is likely.
The justices’ questions to lawyers often reveal how the court is leaning. Legal analysts will be carefully watching Chief Justice Ronald M. George, whose vote often determines whether the conservative or more liberal wing of the court prevails.
The state high court ruled 4 to 3 on May 15 that same-sex couples should be entitled to marry. George wrote the ruling, which was signed by Justices Joyce L. Kennard, Kathryn Mickle Werdegar and Carlos R. Moreno.
Justices Marvin R. Baxter, Ming W. Chin and Carol A. Corrigan voted against overturning the state’s previous ban on same-sex marriage, arguing that the matter should be left to voters.
After Proposition 8 passed, only Moreno voted to put the measure on hold pending a decision on the legal challenges. Kennard, who usually votes in favor of gay rights, voted against accepting the revision challenge to the proposition but said she would hear arguments over the validity of existing same-sex marriages.
Some legal analysts believe the vote signaled that Kennard did not believe the revision argument would prevail. Without her vote, the court would be unlikely to muster a majority for overturning the measure.
In addition to arguing that Proposition 8 was an illegal constitutional revision, gay rights lawyers contend that it usurped the authority of the courts.
The hearing, scheduled to start at 9 a.m. and end at noon, will be broadcast live on the California Channel and streamed on its website. See State Supreme Court meets on gay marriage
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New Report Reveals that Bullying of Gay Students in Oregon in a Problem
The groups are joining with lawmakers to strengthen Oregon’s anti-bullying law and create safeguards for youth in Oregon schools.
A new report, Too Afraid to Learn: Barriers to Post-Secondary Education for Lesbian, Gay, Bisexual and Transgender Students, analyses a survey of 3,500 Oregon college students about the climate for gay and transgender students at high schools and universities.
“One in three gay and transgender students in Oregon indicate that the hostile climate in their high school created a significant barrier to graduation,” said Tash Shatz, of the Oregon Students Equal Rights Alliance.
“And more than half of gay and transgender college students concealed their sexual orientation or gender identity for fear of personal safety, discrimination, or rejection.”
Scott Schmitz, a junior at Oregon State University told the report’s authors: “One of the reasons I decided to come out as gay to my family, when I was nineteen rather than thirteen, was because I was afraid of becoming homeless.
“When I did come out my family pushed me away and made it explicit that if I didn’t change they wouldn’t talk to me again.
“After telling them that my sexuality was not a phase, I was cut off from them. I did not expect that they were going to stop supporting my education.
“I was not allowed home for Christmas or Thanksgiving and the communication we had was limited.”
And his problems did not end there. When he tried to apply for financial aid for his university education he came up against bureaucracy as his parents refused to supply him with their tax information which had to accompany the financial aid application.
The report makes seven key recommendations:
■ Provide inclusive and informed services for LGBT students.
■ Provide safe and inclusive housing for LGBT students.
■ Create policies and legislation that protect LGBT persons from discrimination and harassment on campus.
■ Institutionalize data collection on LGBT students.
■ Actively work to recruit and retain LGBT staff and faculty.
■ Establish gender neutral facilities such as bathrooms and locker rooms.
■ Ensure that all service providers on campus receive education on LGBT issues.
A second report demonstrates that minority youth are far more likely to be the targets of bullies than white youth.
“African American, Latino and Native American youth report up to 23% higher levels of harassment in our schools than white students,” said Ebony Smith, of the Oregon Students of Color Coalition.
“We have a responsibility to take action now, to ensure that our schools are safe for all youth.”
Advocates released these reports as the Legislature begins deliberations on House Bill 2599, legislation designed to strengthen and enhance Oregon’s existing anti-bullying statute.
HB2599 would ensure state-wide adoption of anti-bullying and anti-harassment policies, create clear notice and complaint procedures and establish a comprehensive approach to address bullying.
The proposal strengthens existing statute by clarifying the definition of bullying, adding specific guidelines for making the policy available to the school community, and encouraging training programs. The legislation is expected to have its first hearing in the House Education Committee in early March.
“House Bill 2599 will strengthen Oregon’s anti-bullying law, ensure state-wide implementation, and help keep all children safe,” said Sonya Fischer, a disability advocate and Board Member with Family and Community Together.
She added, “This will make a difference for youth with disabilities who are too often the targets of bullying.”
Matthew Rose, a University of Oregon senior said: “Four and a half years ago, when I first attended the University of Oregon, I was a closeted person of colour. Going to college was going to be an opportunity to explore my identity in a place that I thought would embrace my development and growth.
“Despite the relatively liberal nature of my surroundings, words and phrases such as “faggot” and “that’s so gay” were commonplace, and even when said in front of authority figures, there were little to no responses.
“The homophobic environment made me think twice about coming out. I fight the daily battle to challenge racism and negative stereotypes of Black Americans.
“I was not ready to be in another fight, especially, when no one else was leading the charge. Finding the support to deal with my identity in a healthy manner was difficult.
“The University of Oregon does have resources for the LGBT community; however as a person of colour these spaces do not really resonate with me. I strongly identified with my racial identity and had only newly come into my sexual identity; I felt there wasn’t a space where I could be fine with both.”
House Education Committee Chair, Rep. Sara Gelser (D-Corvallis), joined advocates today at the launch of the two reports.
“All kids should grow up free from fear of intimidation and harassment at school,” she said.
“By strengthening school anti-bullying policies, we can make Oregon schools safer, stronger and more secure.”
Rep. Gelser, a mother of four, chairs the House committee that is considering legislation to update and strengthen the bullying statute.
■ Click HERE for Too Afraid to Learn: Barriers to Post-Secondary Education for Lesbian, Gay, Bisexual and Transgender Students.
■ Click HERE for No End In Sight: An Examination of Oregon Healthy Teens Survey reports of harassment of youth of color in Oregon Schools.
* Tags = gay men gay news lesbian news transgender bisexual
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SENEGAL: Jailing of gay activists sets back AIDS fight
The men, who were involved in providing HIV prevention, care and treatment services to Senegal’s lesbian, gay, bisexual and transgender (LGBT) community, have been sentenced to eight years in prison.
Homosexuality is punishable by up to five years in prison, according to the Senegalese penal code. In this case, the judge added three years for criminal conspiracy.
In a statement released last week, the International AIDS Society, which promotes new HIV research and best practice and is the custodian of the International AIDS Conference, and the Society for AIDS in Africa (SAA), which works to slow the spread of HIV, said criminalising and discriminating against any group of individuals only served to fuel the HIV epidemic by denying services and relevant prevention messages.
“The arrest of these men, based purely on their sexual orientation represents a major setback for the Senegalese response to HIV, which is widely viewed as a model in Africa,” said Joanna Mangueira, President of the SAA.
Cheikh Niang, professor of anthropology at Cheikh Anta Diop University in Dakar, the Senegalese capital, and author of studies on AIDS and sexuality in the country, agreed that jailing the activists was “counterproductive”.
“The severity of the sentence has created an atmosphere of panic amongst the associations that are working on HIV prevention and treatment with men who have sex with men (MSM),” he told IRIN/PlusNews.
Michel Bourelly of AIDES, an international organisation working with men who have sex with men in Senegal, said gay activists had gone into hiding or fled the country since the judgement. “Everything has stopped. The associations that provide HIV/AIDS services for homosexuals and MSM are too scared to work.”
Contradictions
According to Bourelly, the men were arrested while attending a meeting on HIV prevention. Brochures, condoms and model penises were confiscated as pornographic material.
“The condoms that were considered pornographic material during the trial were provided by the Senegalese government,” he pointed out.
A young gay member of an HIV/AIDS organisation serving MSM in Senegal, who did not want to be named, confirmed that intolerance of homosexuality had risen.
“Physical violence is more common now. Before we had groups which helped us – they gave us the courage to meet. We would do work on prevention, but now it’s too dangerous,” he said.
The jailed men were detained just two weeks after Senegal hosted the International Conference on AIDS and STIs in Africa (ICASA), where speakers emphasised the importance of addressing the needs of sexual minorities in African AIDS programming. Over 50 gay activists attended.
In an interview with IRIN/PlusNews in November 2008, Souleymane Mboup, President of ICASA, said MSM were a reality in Africa that could not be ignored.
“This is a question that we cannot run away from if we want to advance [the fight against HIV],” he said. “Many countries, including Senegal, must open their eyes and learn. We must think about which strategies to adopt.”
In 2007 the Global Fund to Fight AIDS, Tuberculosis and Malaria granted Senegal US$32 million to strengthen its HIV/AIDS response. Part of the grant was earmarked for targeting “vulnerable groups”, including MSM, with prevention campaigns, condoms and MSM-friendly clinics over the next five years.
“Senegal has been given considerable sums of money to address the needs of MSM in its national AIDS programme,” said Bourelly. “But now they are jailing the people they are supposed to be targeting.”
No one from the National AIDS Committee, one of the two principal recipients of the Global Fund grant, was available for comment. Abdoulaye Wade, director of the AIDS division at the Ministry of Health, told IRIN/PlusNews that the government continued to provide HIV/AIDS prevention and treatment services for MSM, but did not elaborate on what those services were.
Regressive
Joel Nana, advocacy director at the South African office of the International Gay and Lesbian Human Rights Commission (IGLHRC), said Senegal had been praised for its progressive and inclusive HIV/AIDS programmes in the past.
“Senegal was the first country in Africa to address MSM in HIV programming, so this [judgment] is really a step backwards,” he told IRIN/PlusNews.
While Senegal has maintained a low HIV prevalence of about one percent in the general population, official data and studies conducted at Cheikh Anta Diop University suggest that about 21.5 percent of MSM were HIV positive in 2005. The studies also found that over 80 percent of MSM had female as well as male partners.
“It is a considerable error to think that this is just a homosexual problem,” said Bourelly. “Most MSM have had, or continue to have, sex with women, so the impact of effectively shutting down MSM programmes will be considerable on the general population.”
Human rights groups and AIDS organisations are calling for the immediate release of the nine imprisoned men, and for a change in Senegal’s penal code. Niang agreed that it was time to debate the merits of the law.
“There is no point in saying that men who have sex with men do not exist in our societies,” he said. “It exists and it is an ancient phenomenon. By ignoring its existence we will not respond appropriately [to the HIV epidemic].”
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Original source : http://gay_blog.blogspot.com/2009/01/senegal-jaili…
Proposition 8 moves “Christian’ couple to action
“The Ferreiras did what they could in their eastern San Diego suburb to ensure the ban on gay marriage prevailed. Their fight continues as its passage is contested.” ‘Aint they sweet? Better to know our enemy … See Proposition 8 moves Christian couple to action
Los Angeles Times, CA -
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Meg Whitman, homophobe
Whitman, as we’ve noted, is an oddity among Silicon Valley Republicans, who tend to worry more about lower taxes than hot-button social issues like abortion and gay marriage. In the Republican presidential primaries, she supported Mitt Romney, a Mormon with conservative social views. But it wasn’t until recently that Whitman started talking about her own support for Proposition 8, California’s recently passed ban on same-sex marriages.
Henry Gomez, the former eBay superflack who’s serving as an advisor to Whitman, told me this week that Whitman’s stand was “a personal issue.” Many gay eBay employees agree. They see Whitman’s stance as a deeply personal betrayal. As the CEO of a company in a liberal industry in a liberal region, Whitman never gave a hint that she didn’t value gay and lesbian employees’ relationships. It turns out she was just being politic.
Whitman’s longtime executive assistant, Anita Gaeta, is a lesbian, who owns a house with her partner in San Jose. I tried to contact Gaeta to get her views on the matter, but she did not respond. Gomez tells me Gaeta continues to work for Whitman.
But leave personal feelings aside. As a practical matter, Whitman’s support of Proposition 8 may backfire in fundraising and in the general election. Several current and former eBay executives, including founder Pierre Omidyar, lent their name to a newspaper advertisement opposing Proposition 8. Will they support Whitman’s campaign now? Unlikely.
Her stance could also hurt her former employer’s business. Already, eBay sellers are organizing a boycott because of Whitman’s stance. And no company likes to be drawn into controversial causes. One might think that her handpicked successor, John Donahoe, might prevail on Whitman to moderate her stance for that reason alone.
California prefers its Republicans to be centrists — Governor Arnold Schwarzenegger, another Proposition 8 opponent, is the best example of this trend. Whitman’s top two contenders, former Representative Tom Campbell and Steve Poizner, the state’s insurance commissioner, also opposed the proposition.
It all seems ill thought out — rather like Whitman’s quixotic legal campaign to reclaim a set of domain names she failed to register before talk of her gubernatorial prospects became public. The sight of a tech billionaire harassing the small businessman who registered them are provoking giggles among California’s Republicans.
Which is probably the right reaction to Whitman’s stance on Proposition 8: not anger, but pity. Insulated by sycophantic advisors and accustomed to fawning coverage from a supine tech press corps, Whitman must not even realize what a joke her would-be political career is.
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Iowa Supreme Court Hears Arguments in Lambda Legal’s Case Seeking Marriage for Same-Sex Couples
”We put our best case forward, and hope that the Court breathes life into the Iowa Constitution’s promise of equality,” said Camilla Taylor, Senior Staff Attorney and chief architect of the lawsuit based in Lambda Legal’s Midwest Regional Office in Chicago.
”Iowa has a long, proud history of protecting individual rights. The government has no business standing in the way of a loving same-sex couple who wants to take responsibility for each other and their family,” said Dennis Johnson, former Iowa Solicitor General and partner at the firm Dorsey and Whitney who argued the case on behalf of Lambda Legal’s clients.
In December 2005, Lambda Legal filed a lawsuit with the Polk County Court on behalf of six same-sex couples who were denied marriage licenses in Iowa, arguing that denying marriage to same-sex couples violates the liberty and equality guarantees in the Iowa State Constitution. In August of 2007 the district court ruled that denying marriage to same-sex couples is unconstitutional. In March 2008, 15 friend-of-the-court briefs were filed supporting same-sex couples seeking the right to marry, and the right of their children not to have their families branded as inferior. Those briefs were signed by hundreds of Iowans including former Lieutenant Governors Joy Corning and Sally Pederson. To learn more about the briefs visit: http://www.lambdalegal.org/news/pr/iowa-amicus-filing.html. The final decision in this case will be made by the Iowa Supreme Court.
Lambda Legal clients attending the argument: Kate and Trish Varnum of Cedar Rapids; David Twombley and Larry Hoch of Urbandale; Dawn and Jen BarbouRoske and their daughter McKinley of Iowa City; Ingrid Olson and Reva Evans of Council Bluffs; Jason Morgan and Chuck Swaggerty of Sioux City; and Bill Musser and Otter Dreaming of Decorah.
Tonight the community will gather to discuss this historic event with remarks by Camilla Taylor, Lambda Legal’s Senior Staff Attorney and chief architect of the lawsuit.
“Making the Case” Des Moines Reception — Tuesday, December 9, 2008 – 6:30-8:00 PM Pappajohn Center, 1200 Grand Ave., Des Moines.
Lambda Legal and One Iowa are hosting a series of town hall meetings across the state about the oral arguments and the lawsuit. For a list of dates and cities, please visit http://www.lambdalegal.org/take-action/events/iowa-town-hall.html.
The Iowa case is: Varnum v. Brien
Camilla Taylor, Senior Staff Attorney and Kenneth Upton, Jr., Supervising Senior Staff Attorney are handling the case for Lambda Legal. They are joined by former Iowa Solicitor General Dennis Johnson of Dorsey and Whitney in Des Moines.
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Original source : http://gay_blog.blogspot.com/2008/12/iowa-supreme-…
