Eating Disorders in Straight and Gay Men
Dr. Kathryn Zerbe, professor of psychiatry at Oregon Health and Science University and a longtime expert on eating disorders, recently took readers’ questions on anorexia, bulimia, binge eating and other problems. Here, she responds to one reader’s question about eating disorders in men.
In recent years, an increasing number of men have been diagnosed with eating disorders, and not just compulsive overeating, but also disorders like anorexia and bulimia that have traditionally been associated with women. (Full disclosure: I am one such man.)
Does this represent men wanting to take on feminine roles, or feeling that they cannot relate at all to traditional, ultra-macho conceptions of masculinity, and want to take on a more “feminine” persona? Does it differ for homosexual and heterosexual men? To what do you attribute the recent rise in these disorders among men?
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Condemnation for bishop who called for gay people to ‘repent’ Independent
The Bishop of Rochester has been accused of pandering to hate and homophobia after calling on homosexuals to repent. Michael Nazir-Ali provoked outrage among gay groups when he urged Church leaders to stick to traditional values instead of being swayed by “culture and trends”.
While calling for the “traditional teaching” of the Bible to be upheld, the Bishop said of homosexuals: “We want them to repent and be changed.”
His controversial remarks were published just hours after more than half a million people, including the Prime Minister’s wife, Sarah, took part in the Gay Pride parade in London.
Sharon Ferguson, of the Lesbian and Gay Christian Movement, condemned Dr Nazir-Ali for making comments that she said would encourage hatred.
“It feeds to the more fundamental individuals who are looking to have their opinions ratified and speak hatefully and behave hatefully,” she said.
“His comments are likely to cause more of a schism within the Church of England. He’s saying their [gays and lesbians] sexuality is a sin. It’s not. It’s a gift from God. God made us all.”
She added: “He is telling people ‘You have to repent’ for something they have no control over. It’s like asking someone to repent because they have blue eyes.”
Peter Tatchell, the gay rights campaigner, said he was “shocked” at the level of anti-gay prejudice voiced by the bishop. “Homophobia is a social and moral evil, just like racism. Bigotry, even in the guise of religion, has no place in a compassionate, caring society,” he said. “I call on the bishop to repent his homophobia. His prejudice goes against Christ’s gospel of love and compassion.”
Labour MEP Michael Cashman accused the Bishop of Rochester of being “selective” about which parts of the Bible he upheld. “When he calls for the closure of all the banks, finance houses and credit card companies because of what it says in the Bible about usury, then I’ll take him seriously,” he said. “Until then, unless he can say anything good, he should shut up.”
In his comments, made to a Sunday newspaper, the bishop said homosexuals should be welcomed into the Church but that a person’s sexual nature could only be correctly expressed in a heterosexual union within marriage. His remarks reopened the row over homosexuality that has for years threatened to tear the Anglican Church apart.
He made them on the eve of today’s official launch of the Fellowship of Confessing Anglicans at Westminster Central Hall in London where he is expected to speak in support of the organisation. The UK branch of the Fellowship is regarded by many liberals within the Anglican movement as an attempt to create a church within a church with the aim of heading off moves to ease rules on homosexuality. Dr Nazir-Ali is to step down in the autumn and he is expected to play an important part in the Fellowship’s activities.
The Very Rev Colin Slee, the Dean of Southwark and a prominent liberal, was so alarmed by the the impending departure of Dr Nazir-Ali from the See of Rochester that he described it as “clearly a move towards a sectarian alternative church intentionally designed to create turbulence in the Anglican Communion”.
Canon Chris Sugden, of the Fellowship, said a message from the Queen will be read out during the ceremony but a Buckingham Palace spokeswoman called it nothing more than a “standard response” to the many requests made to the monarch each year. “It isn’t endorsing anyone’s point of view,” she said.
Zeal of the convert: The Bishop of Rochester
*Michael Nazir-Ali has been one of the most vocal and controversial of bishops of the past decade and has rarely been afraid to speak out.
He was a leading contender to become Archbishop of Canterbury when George Carey stood down but has found himself at odds with Rowan Williams, the incumbent.
The issue of homosexuality has been one of the biggest causes of friction between Dr Nazir-Ali, the Bishop of Rochester, and the liberal wing of the Anglican Church.
In 2008 the rift was so marked that he boycotted the Lambeth Conference, a meeting of Anglican Church leaders held once a decade, because of the row over homosexuality. He is part of an evangelical wing urging the Church to stick to a traditional interpretation of the scriptures regarded by liberals, especially on the issues of homosexuality and women priests, as backward.
This year he announced he would step down as Bishop of Rochester in September to allow him time to concentrate on representing the Church in parts of the world where Anglicans are a minority religion or oppressed.
Born in Pakistan to Catholic parents, he converted at the age of 20 and holds dual British and Pakistani nationality. Appointed the 106th Bishop of Rochester in 1994, he was the first non-white diocesan bishop in the Church of England. Since then he has been a frequent critic of the rise of Islam in Britain.
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Rep. Sally Kern says ‘debauched’ gay marriage caused bad economy
Rep. Sally Kern of Oklahoma, who has called being gay a “deadly lifestyle”, has released what she calls a “Proclamation for Morality”, which reads more like a manifesto against homosexuality. Kern, who apparently is unfamiliar with the fact that the United States was founded on the principle of separation of church and State, consistently uses religion as a basis for her arguments.
The New Civil Rights Movement published Kern’s “proclamation”, in which she says gay marriage is a form of “debauchery” like “abortion, pornography, sex trafficking, divorce, illegitimate births, and child abuse.” She blames the bad state of the economy on this so-called “debauchery”:
“WHEREAS, we believe our economic woes are consequences of our greater national
moral crisis; and
WHEREAS, this nation has become a world leader in promoting abortion,
pornography, same sex marriage, sex trafficking, divorce, illegitimate births, child abuse, and
many other forms of debauchery; and
WHEREAS, alarmed that the Government of the United States of America is forsaking
the rich Christian heritage upon which this nation was built; and
WHEREAS, grieved that the Office of the president of these United States has refused
to uphold the long held tradition of past presidents in giving recognition to our National Day of
Prayer; and
WHEREAS, deeply disturbed that the Office of the president of these United States
disregards the biblical admonitions to live clean and pure lives by proclaiming an entire month to
an immoral behavior”
Tulsa World called the reading and signing of Kern’s proclamation “circus-like”. About 200 supporters stood with her inside the State Capitol gathering signatures, while Kern was repeatedly interrupted by protesters.
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Gays Step Up Efforts to Reverse Gay-as-Godless Stereotype
A groundbreaking survey about the faith lives of gay Americans that the Barna Group put out last week got surprisingly little attention. In my latest God & Country column for U.S. News Weekly, I tied the Barna survey’s fascinating portrait of gay religious life to the gay rights movement’s recent efforts to ratchet up outreach and messaging. Much of the work is aimed at reversing the gay-as-Godless stereotype.
Here’s the top:
Though he was raised in the United Methodist Church, Harry Knox knew he couldn’t become a minister in his denomination because it doesn’t ordain openly gay members. He enrolled in a seminary of the more liberal United Church of Christ but was eventually denied ordination anyway. “My whole career as an activist is an accidental ministry,” says Knox, 48, who now works at the Human Rights Campaign, the nation’s largest gay rights group. “I would rather be a local pastor.”
Instead, since 2005, Knox has built HRC’s “religion and faith program,” which works to combat the stereotype of the gay, lesbian, bisexual, and transgender community as antireligious. “For far too long, LGBT organizations did not put religious allies at the forefront of our efforts,” Knox says. “That’s a mistake we’re making less often now.”
Those religious allies may be more plentiful than most Americans think. A Barna Group survey out last week shows that most gay Americans lead pretty robust faith lives. While 72 percent of straight American adults describe their faith as “very important” in their lives, so do 60 percent of gays and lesbians. Almost as many, 58 percent, say they’ve made a personal and ongoing commitment to Jesus Christ.
And though they are much less likely than straights to share the beliefs of born-again Christians—which comes as no surprise, since most churches in the born-again tradition condemn homosexuality—the Barna survey found that 27 percent of gays do hold those beliefs. “Many in the Christian community assume there’s this significant gap between heterosexuals and homosexuals in terms of faith beliefs and activities,” says George Barna, the country’s top pollster on religious issues, who supervised the survey. “While there are statistically significant differences, it’s the narrow size of the gap that’s most surprising.”
The poll unleashed a torrent of hate mail, mostly from believers furious with Barna’s conclusion: that many gays are Bible-believing Christians. But more and more gay rights organizations are joining HRC in stepping up efforts to highlight the faith beliefs of many gay Americans, largely through religious outreach programs. And some religious traditions and denominations are taking steps to welcome gay and lesbian members.
Gay rights activists say that the 2004 election, when voters in 11 states passed gay marriage bans that were heavily promoted through churches, was a wake-up call. To help counter the image of the gay marriage battle as a fight between gays and religious Americans, HRC, the National Gay and Lesbian Task Force, and other national gay rights groups quickly hired religious outreach staff.
Read the full story here.
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Brüno’ Actor Shucks Clothes for Gay Mag Cover
Homophobic Film Ever Made?” That’s the blurb on the cover of Attitude, a British gay magazine, where comedian Sacha Baron Cohen, posing nude to promote his new film, appears.
The film in question–and the name of the character, whom Cohen continues to portray in live promotional appearances–is Brüno, in which Cohen plays a gay fashionista seeking redemption during a global road trip.
The production reportedly drew trouble for Cohen, who was arrested several times during the shoot.
But the film’s reception has also been mixed, with dubious and even hostile reactions coming from the GLBT community.
Though the film reportedly seeks to skewer homophobia, some GLBT equality advocates worry that “Brüno” will actually threaten social progress made by gays in the last several years by presenting audiences with a flamboyant gay character.
A July 1 article at the UK newspaper The Daily Mail reported that Cohen’s appearance on the cover of Attitude was meant to “appease” gay audiences.
The article pointed out that Cohen also appeared nude on the cover of GQ magazine.
Last month, Cohen appeared at the film’s London premiere in character, and in a revealing costume that riffed on the traditional uniforms of the Queen’s Guards, drawing headlines in the process. See Brüno’ Actor Shucks Clothes for Gay Mag Cover
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Federal Judge Stresses Trial Record on Calif. Gay-Marriage Ban
Whatever Chief U.S. District Judge Vaughn Walker winds up deciding on Proposition 8, it’s clear he wants an airtight trial record to support it.
Holding his first hearing Thursday on the controversial measure that outlawed same-sex marriage, Walker repeatedly stressed the importance of establishing a record that will stand the test of time.
He told a packed courtroom that he was “reasonably sure” that the challenge launched by two high-profile litigators is “only touching down in this court” and merely a “prelude” for things to come.
“How we do things here,” Walker said, “is more important than what we do.”
He noted that other courts have rendered decisions on same-sex marriage without holding full trials, which he suggested was a “problem.”
Perry v. Schwarzenegger, 09-CV-2292, was filed in May by Theodore Olson, who represented George W. Bush in the landmark Bush v. Gore case, and David Boies, who represented Al Gore. Boies wasn’t present on Thursday. The suit attacks Prop 8 on equal protection and due process grounds.
Walker had already issued a tentative order allowing Prop 8 proponents to intervene and denying a preliminary injunction (pdf). He stood by both orders during Thursday’s 50-minute session.
Olson, a partner in Gibson, Dunn & Crutcher’s Washington, D.C., office who has argued before the U.S. Supreme Court 55 times, nonetheless made a fleeting attempt to persuade Walker to change his mind on the injunction.
“Every day that Prop 8 is enforced perpetuates a tragic injustice” on gays and lesbians, he argued, saying it “brands” them as “second-class citizens, unworthy and different.”
“The Supreme Court,” Olson argued, “has held again and again and again that the right to marry is the most important relationship in life.”
Representing the Prop 8 proponents, Washington attorney Charles Cooper, who was a top Justice Department lawyer during the Reagan administration, warned that the lawsuit could “sweep away” not only Prop 8, but the definition of marriage in 43 states and the federal government.
The Cooper & Kirk partner also argued that marriage has by tradition always been the union of a man and a woman, and said that every Supreme Court case that describes marriage has noted that its central purpose is procreation.
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New Delhi Lifts Colonial-Era Ban on Gay Sex
A top court in the Indian capital of New Delhi yesterday overturned a colonial-era law banning gay sex between consenting adults as the world’s biggest democracy struggles to balance tradition and modernity.
In a strongly worded statement, New Delhi’s High Court ruled that the 150-year-old statute prohibiting homosexual acts was discriminatory and therefore a “violation of fundamental rights.”
“It cannot be forgotten that discrimination is antithesis of equality and that it is the recognition of equality which will foster dignity of every individual,” the court said in a 105-page judgment.
Quoting India’s first prime minister, Jawaharlal Nehru, Justice A.P. Shah said: “Words are magic things often enough, even the magic of words sometimes cannot convey magic of human spirit and of a nation’s passion.”
The ruling applies only to New Delhi and to adults older than 18. But federal government ministers are also in the process of reviewing the law.
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Obama urges lesbian, gay patience overturning ‘unjust laws’
THE PRESIDENT: Hello, everybody. Hello, hello, hello. (Applause.) Hey! Good to see you. (Applause.) I’m waiting for FLOTUS here. FLOTUS always politics more than POTUS.
MRS. OBAMA: No, you move too slow. (Laughter.)
THE PRESIDENT: It is great to see everybody here today and they’re just — I’ve got a lot of friends in the room, but there are some people I want to especially acknowledge. First of all, somebody who helped ensure that we are in the White House, Steve Hildebrand. Please give Steve a big round of applause. (Applause.) Where’s Steve? He’s around here somewhere. (Applause.)
The new chair of the Export-Import Bank, Fred Hochberg. (Applause.) Where’s Fred? There’s Fred. Good to see you, Fred. Our Director of the Institute of Education Sciences at DOE, John Easton. Where’s John? (Applause.) A couple of special friends — Bishop Gene Robinson. Where’s Gene? (Applause.) Hey, Gene. Ambassador Michael Guest is here. (Applause.) Ambassador Jim Hormel is here. (Applause.) Oregon Secretary of State Kate Brown is here. (Applause.) All of you are here. (Laughter and applause.) Welcome to your White House. (Applause.) So.
AUDIENCE MEMBER: (Inaudible.) (Laughter.)
THE PRESIDENT: Somebody asked from the Lincoln Bedroom here. (Laughter.) You knew I was from Chicago too. (Laughter.)
It’s good to see so many friends and familiar faces, and I deeply appreciate the support I’ve received from so many of you. Michelle appreciates it and I want you to know that you have our support as well. (Applause.) And you have my thanks for the work you do every day in pursuit of …
… equality on behalf of the millions of people in this country who work hard and care about their communities — and who are gay, lesbian, bisexual, or transgender. (Applause.)
Now this struggle, I don’t need to tell you, is incredibly difficult, although I think it’s important to consider the extraordinary progress that we have made. There are unjust laws to overturn and unfair practices to stop. And though we’ve made progress, there are still fellow citizens, perhaps neighbors or even family members and loved ones, who still hold fast to worn arguments and old attitudes; who fail to see your families like their families; and who would deny you the rights that most Americans take for granted. And I know this is painful and I know it can be heartbreaking.
And yet all of you continue, leading by the force of the arguments you make but also by the power of the example that you set in your own lives — as parents and friends, as PTA members and leaders in the community. And that’s important, and I’m glad that so many LGBT families could join us today. (Applause.) For we know that progress depends not only on changing laws but also changing hearts. And that real, transformative change never begins in Washington (cellphone “quacks”). Whose duck is back there? (Laughter.)
MRS. OBAMA: It’s a duck.
THE PRESIDENT: There’s a duck quacking in there somewhere. (Laughter.) Where do you guys get these ring tones, by the way? (Laughter.) I’m just curious. (Laughter.)
Indeed, that’s the story of the movement for fairness and equality — not just for those who are gay, but for all those in our history who’ve been denied the rights and responsibilities of citizenship; who’ve been told that the full blessings and opportunities of this country were closed to them. It’s the story of progress sought by those who started off with little influence or power; by men and women who brought about change through quiet, personal acts of compassion and courage and sometimes defiance wherever and whenever they could.
That’s the story of a civil rights pioneer who’s here today, Frank Kameny, who was fired — (applause.) Frank was fired from his job as an astronomer for the federal government simply because he was gay. And in 1965, he led a protest outside the White House, which was at the time both an act of conscience but also an act of extraordinary courage. And so we are proud of you, Frank, and we are grateful to you for your leadership. (Applause.)
It’s the story of the Stonewall protests, which took place 40 years ago this week, when a group of citizens — with few options and fewer supporters — decided they’d had enough and refused to accept a policy of wanton discrimination. And two men who were at those protests are here today. Imagine the journey that they’ve traveled.
It’s the story of an epidemic that decimated a community — and the gay men and women who came to support one another and save one another; and who continue to fight this scourge; and who demonstrated before the world that different kinds of families can show the same compassion and support in a time of need — that we all share the capacity to love.
So this story, this struggle, continues today — for even as we face extraordinary challenges as a nation, we cannot — and will not — put aside issues of basic equality. (Applause.) We seek an America in which no one feels the pain of discrimination based on who you are or who you love.
And I know that many in this room don’t believe that progress has come fast enough, and I understand that. It’s not for me to tell you to be patient, any more than it was for others to counsel patience to African Americans who were petitioning for equal rights a half-century ago.
But I say this: We have made progress and we will make more. And I want you to know that I expect and hope to be judged not by words, not by promises I’ve made, but by the promises that my administration keeps. And by the time you receive — (applause.) We’ve been in office six months now. I suspect that by the time this administration is over, I think you guys will have pretty good feelings about the Obama administration. (Applause.)
Now while there is much more work to do, we can point to important changes we’ve already put in place since coming into office. I’ve signed a memorandum requiring all agencies to extend as many federal benefits as possible to LGBT families as current law allows.
And these are benefits that will make a real difference for federal employees and Foreign Service Officers, who are so often treated as if their families don’t exist. And I’d like to note that one of the key voices in helping us develop this policy is John Berry, our director of the Office of Personnel Management, who is here today. And I want to thank John Berry. (Applause.)
I’ve called on Congress to repeal the so-called Defense of Marriage Act to help end discrimination — (applause) — to help end discrimination against same-sex couples in this country. Now I want to add we have a duty to uphold existing law, but I believe we must do so in a way that does not exacerbate old divides. And fulfilling this duty in upholding the law in no way lessens my commitment to reversing this law. I’ve made that clear.
I’m also urging Congress to pass the Domestic Partners Benefits and Obligations Act, which will guarantee the full range of benefits, including healthcare, to LGBT couples and their children. (Applause.) My administration is also working hard to pass an employee nondiscrimination bill and hate-crimes bill, and we’re making progress on both fronts. (Applause.) Judy and Dennis Shepard, as well as their son Logan, are here today. I met with Judy in the Oval Office in May — (applause) — and I assured her and I assured all of you that we are going to pass an inclusive hate-crimes bill into law, a bill named for their son Matthew. (Applause.)
In addition, my administration is committed to rescinding the discriminatory ban on entry to the United States based on HIV status. (Applause.) The Office of Management and Budget just concluded a review of a proposal to repeal this entry ban, which is a first and very big step toward ending this policy.
And we all know that HIV/AIDS continues to be a public health threat in many communities, including right here in the District of Columbia. And that’s why this past Saturday, on National HIV Testing Day, I was proud once again to encourage all Americans to know their status and get tested the way Michelle and I know our status and got tested. (Applause.)
And finally, I want to say a word about “don’t ask, don’t tell.” As I said before — I’ll say it again — I believe “don’t ask, don’t tell” doesn’t contribute to our national security. (Applause.) In fact, I believe preventing patriotic Americans from serving their country weakens our national security. (Applause.)
Now, my administration is already working with the Pentagon and members of the House and the Senate on how we’ll go about ending this policy, which will require an act of Congress.
Someday, I’m confident, we’ll look back at this transition and ask why it generated such angst, but as commander in chief, in a time of war, I do have a responsibility to see that this change is administered in a practical way and a way that takes over the long term. That’s why I’ve asked the secretary of Defense and the chairman of the Joint Chiefs of Staff to develop a plan for how to thoroughly implement a repeal.
I know that every day that passes without a resolution is a deep disappointment to those men and women who continue to be discharged under this policy — patriots who often possess critical language skills and years of training and who’ve served this country well. But what I hope is that these cases underscore the urgency of reversing this policy not just because it’s the right thing to do, but because it is essential for our national security.
Now even as we take these steps, we must recognize that real progress depends not only on the laws we change but, as I said before, on the hearts we open. For if we’re honest with ourselves, we’ll acknowledge that there are good and decent people in this country who don’t yet fully embrace their gay brothers and sisters — not yet.
That’s why I’ve spoken about these issues not just in front of you, but in front of unlikely audiences — in front of African American church members, in front of other audiences that have traditionally resisted these changes. And that’s what I’ll continue to do so. That’s how we’ll shift attitudes. That’s how we’ll honor the legacy of leaders like Frank and many others who have refused to accept anything less than full and equal citizenship.
Now 40 years ago, in the heart of New York City at a place called the Stonewall Inn, a group of citizens, including a few who are here today, as I said, defied an unjust policy and awakened a nascent movement.
It was the middle of the night. The police stormed the bar, which was known for being one of the few spots where it was safe to be gay in New York. Now raids like this were entirely ordinary. Because it was considered obscene and illegal to be gay, no establishments for gays and lesbians could get licenses to operate. The nature of these businesses, combined with the vulnerability of the gay community itself, meant places like Stonewall, and the patrons inside, were often the victims of corruption and blackmail.
Now ordinarily, the raid would come and the customers would disperse. But on this night, something was different. There are many accounts of what happened, and much has been lost to history, but what we do know is this: People didn’t leave. They stood their ground. And over the course of several nights they declared that they had seen enough injustice in their time.
This was an outpouring against not just what they experienced that night, but what they had experienced their whole lives. And as with so many movements, it was also something more: It was at this defining moment that these folks who had been marginalized rose up to challenge not just how the world saw them, but also how they saw themselves.
As we’ve seen so many times in history, once that spirit takes hold there is little that can stand in its way. (Applause.) And the riots at Stonewall gave way to protests, and protests gave way to a movement, and the movement gave way to a transformation that continues to this day. It continues when a partner fights for her right to sit at the hospital bedside of a woman she loves. It continues when a teenager is called a name for being different and says, “So what if I am?” It continues in your work and in your activism, in your fight to freely live your lives to the fullest.
In one year after the protests, a few hundred gays and lesbians and their supporters gathered at the Stonewall Inn to lead a historic march for equality. But when they reached Central Park, the few hundred that began the march had swelled to 5,000. Something had changed, and it would never change back.
The truth is when these folks protested at Stonewall 40 years ago no one could have imagined that you — or, for that matter, I (laughter) — would be standing here today. (Applause.) So we are all witnesses to monumental changes in this country.
That should give us hope, but we cannot rest. We must continue to do our part to make progress — step by step, law by law, mind by changing mind. And I want you to know that in this task I will not only be your friend, I will continue to be an ally and a champion and a president who fights with you and for you.
Thanks very much, everybody. God bless you. (Applause.) Thank you. It’s a little stuffed in here. We’re going to open — we opened up that door. We’re going to walk this way, and then we’re going to come around and we’ll see some of you over there, all right? (Laughter.) But out there. (Laughter.)
But thank you very much, all, for being here. Enjoy the White House. Thank you. (Applause.) ###
See Obama urges lesbian, gay patience overturning ‘unjust laws’ (text) Los Angeles Times
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Voter ‘animus’ to be issue in Calif marriage case
When the U.S. Supreme Court overturned an amendment to the Colorado Constitution that outlawed discrimination protections for gay people, same-sex couples could not enter into civil unions or domestic partnerships anywhere in the nation, much less get married. But as they seek to persuade a federal judge to strike down California’s ban on gay marriages, lawyers for two unmarried gay couples are using that 13-year-old decision as their road map — one they expect will eventually lead the high court to take up the marriage issue. In the Colorado case, Romer v. Evans, the Supreme Court majority held that voters’ dislike of gays and the laws that several cities had approved to shield them from bias motivated the state amendment. Such “animus,” it said, was incompatible with the section of the U.S. Constitution that requires the government to treat its citizens equally absent a compelling reason to do otherwise. The attorneys behind the challenge to California’s Proposition 8 plan to argue during a pretrial hearing Thursday that by stripping gays of the right to wed, the voter-approved ban runs afoul of America’s founding framework in the same way — and for the same reason. “Romer is a strikingly similar situation to what we have here. You had a ballot initiative, a majority vote of the people, taking away a right,” said Theodore J. Boutrous Jr., a member of the legal team led by former U.S. Solicitor General Theodore Olson and veteran trial lawyer David Boies. “And there was no justification or rationale other than disapproval by that majority of that group.” U.S. District Chief Judge Vaughn R. Walker on Tuesday issued a tentative order to fast-track the case in his San Francisco court. Among the questions he said he wants covered at trial are whether sexual orientation is unchangeable, if permitting same-sex marriage “destabilizes” traditional unions and whether Proposition 8′s ballot history demonstrates the measure had “discriminatory intent.” California Attorney General Jerry Brown, a defendant in the case, has sided with gay rights advocates and declined to defend the ban, which overturned a California Supreme Court ruling that had legalized same-sex marriages. The state Supreme Court five weeks ago upheld the measure, saying it represented a valid exercise of voters’ authority to amend the California Constitution. Proposition 8′s sponsors, a coalition of religious conservative groups called Protect Marriage, has been given permission to intervene in the federal case. In court papers, the group’s lawyers rejected the assertions that anti-gay attitudes fueled the November measure and that the 1996 Colorado case was applicable. “Nothing in California law, either Proposition 8 or otherwise, indicates that Californians harbor animus towards gay and lesbian individuals,” they wrote. Since the U.S. Supreme Court’s 6-3 decision, attorneys for gay rights and Christian conservative groups have debated whether the Romer decision could be used to expand gay rights. The ruling marked the first time the Supreme Court determined that the Constitution’s equal rights guarantees extended to gays and lesbians. “The basic point of Romer is that government cannot ever act out of hostility toward a group of people, and whether that is in the context of marriage or anti-discrimination law, the point carries over,” said Suzanne Goldberg, who worked on the case and now directs Columbia Law School’s Sexuality and Gender Law Program. The ruling has been cited, though so far unsuccessfully, in past challenges to gay marriage bans in Nebraska and Florida. At the same time, gay rights groups mostly have shied away from pursuing federal marriage cases in favor of pursuing marriage rights in state courts. Legal observers on both sides of the debate agree, however, that California’s Proposition 8 presents novel questions that could make the issue ripe for federal action.
San Francisco Chronicle
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DOJ Will Not Appeal Veteran’s VictoryIn Transgender Discrimination Case
Signals Commitment By Obama Administration To Protect Transgender Workers From Discrimination
WASHINGTON, DC – The U.S. Department of Justice decided not to appeal a federal court ruling awarding transgender veteran Diane Schroer the maximum compensation for the discrimination she suffered after being refused a job with the Library of Congress. The deadline for seeking an appeal was June 30. The American Civil Liberties Union has represented Schroer in her case.
The Obama administration’s decision whether to appeal the final ruling in the case has been closely watched in part because the Bush administration defended the case so vigorously, arguing that transgender Americans are not protected by any existing federal laws. The decision not to appeal the verdict is consistent with the Obama administration’s campaign promises to protect transgender workers against discrimination and his administration’s recent order taking steps to bar gender identity discrimination in federal employment.
“I am grateful that the court took the time to examine the case in detail and come to a fair and unbiased decision. In that same light, I am gratified that the current administration saw this for what it was, a case of sex discrimination focused against transgender people, and recognized that it must end in this country,” said Schroer, an Army Special Forces veteran with 25 years service. “The important signal that the administration’s decision sends to all LGBT individuals gives me renewed hope and restores some of my shaken faith in what our country stands for.”
On April 29, 2009, a federal court awarded Schroer maximum damages of $491,190 for back pay, other financial losses and emotional pain and suffering after finding the Library illegally discriminated against Schroer because of her sex. At trial, Schroer testified that she had applied for a position with the Library of Congress as the senior terrorism research analyst and was offered the job. Prior to starting work, she took her future boss to lunch to explain that she was in the process of transitioning and wished to start work presenting as female. The following day, Schroer received a call from her future boss rescinding the offer, telling her that she wasn’t a “good fit” for the Library of Congress.
“We are pleased and relieved that the Obama administration has decided to bring an end not only to years of hard-fought litigation but also to a painful chapter of Ms. Schroer’s extraordinary life,” said Sharon McGowan, a staff attorney with the ACLU LGBT Project. “The administration’s decision not to challenge this important civil rights ruling is a welcome sign that it intends to live up to its commitment to help end transgender discrimination in the workplace.”
The ACLU filed the lawsuit against the Library of Congress on June 2, 2005, charging that the library unlawfully refused to hire Schroer in violation of Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in the workplace. In an earlier ruling in this case, the court issued a groundbreaking opinion that discriminating against someone who transitions from living as one gender to another is sex discrimination under federal law. In reaching this decision, the court compared the discrimination faced by Schroer to religious-based discrimination, saying, “Imagine that an employee is fired because she converts from Christianity to Judaism. Imagine too that her employer testified that he harbors no bias toward either Christians or Jews but only ‘converts.’ That would be a clear case of discrimination ‘because of religion.’ No court would take seriously the notion that ‘converts’ are not covered by the statute.” The court also ruled that the library was guilty of sex stereotyping against Schroer because of its view that she failed to live up to traditional notions of what is male or female.
“This case put employers on notice that discrimination against transgender individuals is like any other form of discrimination – counterproductive and against our principles as a nation,” added Schroer. “But this case alone won’t end the rampant discrimination that transgender people face throughout the country. That’s why we need Congress to pass the Employment Non-Discrimination Act that was introduced last week.”
In addition to McGowan, the legal team consisted of Ken Choe, Senior Staff Attorney for the ACLU LGBT Project, James Esseks, Litigation Director for the ACLU LGBT Project and Arthur Spitzer, Legal Director of the ACLU of the Nation’s Capital.
A copy of the decision, the complaint, a video, a bio and photographs of Diane Schroer are available at: http://www.aclu.org/lgbt/transgender/24969res20050602.html
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Original source : http://gay_blog.blogspot.com/2009/07/doj-will-not-…
