Wednesday, February 20, 2013

Bad Form


GLBT Fortnight in Review, February 20, 2013

BY ANN ROSTOW


Bad Form

Maybe it’s because I’ve a news writer for the last couple decades, but of all the stories I’ve encountered in the last two weeks, I was most astonished by the style martinets at the Associated Press who (according to an internal memo) have decided to use the word “partners” or “couple” to describe legally married gay spouses.

You may know that we’re all supposed to consult the AP style guide for correct usage, although many of us just wing it. Today, I am proud to be a member of the latter category. Is the AP waiting for the Supreme Court to rule on the Defense of Marriage Act before deigning to refer to married gay couples as husbands or wives? Or “married?” Or “spouses?”

Maybe five years ago they could be excused for a little confusion. Back then, you could only get married abroad, in Massachusetts, or briefly in California. With many civil union partners and others calling themselves married or using marital terms, the mavens could well have decided to err on the side of ambiguity.

But we are living in country where you can legally marry in nine states. The policy should be simple. You refer to couples as married, domestic partners or civil union partners. And how can you tell which category is correct? You’re a reporter for God’s sake! It’s your job to find out.

The AP makes an exception for people who refer to themselves as married, or who use the terms “husband” or “wife” in a quote. But this seems doubly odd. First, it calls into question the general rule that obliges reporters to use non-marital terms for everyone else. Second, it allows people who are not legally married to self-identify as married even when they’re not.

I am guessing that the AP doesn’t want to embed a political viewpoint into its style guidance, but with this outrageous move that’s exactly what they have done. They have determined that married gay couples are not really as married as everyone else.

You may recall that the AP pedants recently came out against the use of the term “homophobic,” based on the notion that “homophobia” is not a psychiatric disorder and/or that people who dislike gays do not do so out of “fear,” which is of course the meaning of “phobia.” You know what, AP? The meaning of words evolve. Homophobia means dislike of gays. And yes, it’s often based in fear. What next? Banning the word “gay,” because it really means “lighthearted and carefree?” Who’s in charge over there?

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Viva La Vida

The Mexican Supreme Court ruled in favor of three gay couples trying to marry in the state of Oaxaca back in December. But the other day, the Court issued its sweeping written opinion in these cases, making clear where it stands on matters of gay rights in general. And like our neighbors to the north, our neighbors to the south are way ahead of us. (Perhaps we can close the gap this summer.)

The Mexican high court cannot rule on a nationwide basis, and can only change law in the states after ruling on five cases (J. Lester Feder at Buzzfeed tells me). Since the most recent ruling involved three cases, the folks in Oaxaca are getting close to marriage rights. But more importantly, the decision will pave the way for other state activists to make marriage claims. Marriage rights are available to gay couples in Mexico City and in the state of Quintana Roo on the Yucatan peninsula (think Cancun and Cozumel). Those marriages, as well as the civil unions allowed in the U.S. border state of Coahuila, are recognized throughout the country.

Mr. Feder also noted that the recent ruling took strength from a 2012 gay rights victory from the Inter-American Court of Human Rights, suggesting that the road is paved for other Latin American countries to make progress. Marriage equality is already the law in Argentina and Uruguay.

By the way, while I was cruising on Buzzfeed I learned that a pair of gay penguins in a Danish zoo have become parents. Sadly, the zookeepers in Odense have failed to name the birds, which takes some of the color out of the story, don’t you think? We do know, however, that in their desperation to create a family, the penguins tried to steal eggs from other couples and also tried to hatch a dead herring. Happily, one of the zoo’s females produced two eggs and abandoned the extra. The egg was given to the boy penguins, and they successfully nurtured it to chickhood. We will know its sex in a few months when it grows feathers. And I trust we’ll have some awww-inspiring nicknames for the whole family by then.

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Bu-Bye Pope

Was I the only one who thought, and still thinks, that the media hoopla surrounding the Pope’s resignation was a bit smarmy? Fine, the Pope is always going to be an international figure, but enough is enough. Is there some rule that all popes are to be treated as saintly father figures one step down from Christ himself? And was it a heroic gesture of some sort for a frail man in his mid-eighties to resign from a demanding public job?

I, for one, could not have cared less. But then, there are many things I don’t care about. For example, I didn’t care about the killer in LA who died in a burning cabin the other day. Why did we have split screen coverage of the flames when we were minutes away from the State of the Union speech? It would have made sense if the cabin had been surrounded and the guy was about to emerge. But all we saw was some woods and something on fire in the distance. There was no “breaking” news.

Indeed, it is truly a shame that the nation’s assignment editors do not consult me personally in advance of every key decision.

Moving right along, I left my list of stories in my car and although the car is sitting in my driveway, it feels very very far away. I know that I was supposed to cover the Valentine’s day vote for marriage equality in the Illinois senate. And indeed, I was intending to lead this column with Illinois politics. After all, there’s a good chance that equality will pass the house, although the vote count is reportedly close. And unlike the situation in Rhode Island, where we will probably be waiting weeks or months for the state senate to take up the house bill on marriage, it sounds as if the Illinois house will debate marriage fairly soon. Maybe this week. Maybe starting today.

So if all goes well, the Windy State will become the tenth bastion of freedom in the nation. But the emphasis is on “if all goes well.” Here’s the situation. If I were to start this column with Illinois news, crowing about how close we are to marriage rights, overflowing with optimism, things would go south. The house would delay debate. We’d lose a close vote. Something bad would happen. But if I bury this exciting development in the middle of an item in the middle of the column, then the sky’s the limit!

First Illinois, maybe in a matter of days. Then we’ll see if our adversary, Rhode Island senate president Teresa Paiva Weed, eventually allows debate on the bill that has already passed the house. If that bill noses through, we’ll have eleven states on our side. And keep in mind that Delaware activists are set to push marriage through the Corporate Headquarter State legislature like a knife through butter. We could have an even dozen by May Day!

By the way, the ease in which knives go through butter depends entirely on the knife and whether or not the butter has been refrigerated. Let’s hope that Delaware activists have a ginzo knife and the butter’s been sitting on the counter all day.

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Beyond Basic Rights

There are marriage efforts underway in other states too, albeit with dimmer prospects. Believe it or not, we even have a bill in the Texas legislature to strip the constitution of its ban on recognizing gay couples. True, the bill has a snowball’s chance in Austin in August, but you have to start somewhere. I read that Mississippi just ratified the 13th Amendment a few days ago, so I think we can expect Texas to allow same-sex marriage by the end of this century at the latest. (Lawmakers in Mississippi reportedly had not realized that theirs was the only state that had yet to formally abolish slavery until they saw “Lincoln.”)

In Oregon, where prospects are not dim, just a bit far away, activists have announced plans to take an equality amendment to the 2014 ballot. Oregon voters condemned marriage rights back in 2004, but they did so by a relatively small margin for the times. Plus, that was ten years ago.

Basic Rights Oregon thinks the time is right to bring the issue back before the voters, and if they are successful, Oregon would become the first state to repeal an anti-marriage constitutional amendment. Think about it. We went through years of statewide votes. We’re not going to reverse those votes in the deep red states, but we may well be in store for a raft of new statewide elections in places like Oregon, where we have a solid chance for success.

Over at the Supreme Court, meanwhile, I think we have something like 58 hostile friend of the court briefs now piling up for both the Prop 8 and the Windsor case. Soon they will be joined by dozens of briefs on our side, and without going on and on about it, I just want to remind you again to watch to see if the U.S. Justice Department files an amicus brief in the Prop 8 case in the next day or so. This is the most newsworthy possible event between now and the oral arguments in late March.

And before we leave our favorite subject, have any of you seen the marriage equality ads now airing nationally? Freedom to Marry and the Human Rights Campaign have put together an impressive spot, featuring clips from Laura Bush, Colin Powell, Dick Cheney and Barack Obama all calling for marriage rights. Truly, we are on the offensive.

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It Won’t Get Better

Should I go out to my car? Or should I just blather on for a few more lines at random? I agree dear Readers! You can read about the European court ruling on gay adoption somewhere else. Maybe there was also a gay soccer player somewhere. I can’t remember.

So, I just read that the “It Gets Better” video project is about to launch a version in South Africa. One of its star presenters was to have been Oscar Pistorius, the legless track star who recently shot his girlfriend to death “by accident.” Pistorius has now been dropped from the anti-bullying campaign.

“Just remember that you’re special,” Pistorius said in the now-abandoned clip. “You don’t have to worry. You don’t have to change. Take a deep breath and remember; ‘It will get better.’”

Newsflash. It’s only going to get worse for Oscar, unless he manages to convince the court that he fired several rounds through a locked bathroom door because he thought an intruder was hiding out in the john.

I’ve never had an intruder in my house, and I have no doubt that it would be terrifying. That said, I’d feel much better about it if the dangerous criminal was locked in the bathroom rather than running around loose in the house. Further, if I were the type to shoot someone, I think I’d wait until the person emerged, if only to verify that the supposed intruder was not my dog, my former roommate, a confused bum, a distant cousin, a drunk neighbor, or the love of my life. Hell, I might even ask who’s there in a loud voice before unleashing the firepower. Then again, I’m special.

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arostow@aol.com

Saturday, February 9, 2013

Sick of the Scouts


GLBT Fortnight in Review, February 6, 2013

BY ANN ROSTOW


Sick of the Scouts

This is one of those weeks jam-packed with moderately significant, somewhat tedious, news items of mild interest to our vibrant and colorful GLBT community. I’m not pleased about it. I far prefer a week with a big exciting story that will eat up the first half of this column in one effortless gulp. Alternatively, we all also love the weeks when cannibals or conservative Christian pedophiles dominate our discussion.

But Defense Department regulations? The Boy Scouts? Committee votes in various state legislatures? Say it ain’t so!

Alas, it is so, and I can only do my best to spice up the bland fare with a little habanero sauce, or maybe a couple shots of flaming cognac. In truth, I’ve always thought it was a waste to burn off all the alcohol in a perfectly good snifter of booze. That observation aside, I’d like to dispense with the Boy Scouts as quickly as possible. The Scouts bore me with their sanctimonious oaths and traditions, their uniforms and badges and faith-based jingoism. In the last few weeks, they’ve dominated the headlines simply by hinting that they might ease their categorical ban on gay scouts at some point in the future.

So what! I’ll believe it when I see it, which might not be for months. On Wednesday, the Scouts announced that the big decision won’t take place until May or later, after some 1,400 members of some national council get to vote on the matter. My vote? Get these jokers off the front pages of our newspapers until, or unless, they actually take some action on the matter. Meanwhile, despite my better judgment, I will continue to buy microwave popcorn from the cute little Scout across the street. My politics are skin deep in certain areas.

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Bustin’ Out All Over

Marriage equality is poised to become law in England and France, where the lower houses of parliament both passed gay marriage rights by large margins last week. In Britain, the vote was 400-175, a large majority cobbled together despite the opposition of over half the conservative members. Good for David Cameron, a champion of justice who will pay for his support in political currency down the line. The measure now goes to the House of Lords, which looks as if it should be capitalized. I won’t even check the style guide.

In France, the assembly voted 249-97 to send marriage equality to the senate, which feels more like a lower case cohort. Lately, we’ve seen dueling protests in the streets of Paris on both sides of the debate. But the bottom line, if you believe pollsters, is that 63 percent of the French public believes in same-sex marriage rights. Bravo les mecs!

I told you the news was significant. And there’s more of the same here in the Homeland, where an Illinois senate committee advanced marriage equality to the senate floor. A senate vote is likely on February 14, after which the bill would go to the house. In other state news, Wyoming lawmakers defeated bills to ban gay discrimination and authorize civil unions. We’re supposed to be pleased that these bills made it to a floor vote to begin with, but I’m indifferent. Wake me up when the Big Sky country legislature sends a gay rights measure to the governor’s desk.

Delaware activists are convinced they can legalize marriage for gay couples this spring. And we’re still waiting for action on marriage in the Rhode Island senate, after the house approved a marriage bill a few weeks back. I also told you the news was tedious, remember?

Is there more, you ask? Possibly. But I think we’ve had enough. Oh. Here’s a little unsubstantiated tidbit. Tax records from the National Organization for Marriage reportedly indicate that NOM chief Brian Bond makes around half a million a year if you add up all his salaries and perks. That’s a lot of money for losing four state elections and a couple of court cases. I wonder if the dwindling contributors to the fight against marriage appreciate how much of their cash is finding its way into the Bond household accounts.

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Ask and Tell, But Don’t Shop in the PX

I’d love to tell you what outgoing Defense Secretary Leon Panetta is planning on our behalf, but at press time, the details have yet to be announced. We do know that one of Panetta’s last acts will be to issue a number of directives to recognize the families of gay servicemembers. Obviously, he cannot violate the nefarious Defense of Marriage Act, which as you know prohibits the federal government from acknowledging gay spouses. On the other hand, he might be able to issue ID passes that could give gay spouses access to base services. Perhaps he can come up with some other perks. In any event, his efforts are welcome. Incoming Secretary Chuck Hagel has pledged to follow up on this initiative, assuming he is confirmed to the post.

Well, you know what? It will all become moot this summer when the High Court strikes the Defense of Marriage Act as unconstitutional. Likewise, although it’s not clear that the trials and tribulations of binational gay couples will be addressed by immigration reform, their problems will also become moot when the Supreme Court rules in our favor.

Why the confidence?

Dear readers, the Defense of Marriage Act is not just “arguably” unconstitutional. It is blatantly unconstitutional and has been struck by every federal judge and every federal appellate panel that has evaluated its miserable existence. The federal government itself is arguing against it and it simply cannot survive review. Oh, did you think you’d escape a reference to the High Court this week? Sorry. Our two Supreme Court cases form a massive black hole in the center of our news galaxy, and their gravitational pull is felt even in the slowest weeks.

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Standing Up

I feel it even now, as I slip inexorably towards the event horizon. Now that I think about it, the black hole metaphor is weak. It’s not bad enough to revise, but it can’t continue. Before we go on, however, may I complain about news anchors and talk show hosts who cannot read their teleprompters? I had to turn off Chuck Todd in disgust this morning after he butchered the pronunciation of two words and misread a passage of text that we could all see for ourselves. Alex Wagner just referred to “Marshall McGLUEin.” And don’t get me started on Reverend Al, who, at times, is simply incomprehensible.

“Jenny Wether, ah, Jerry Werther, Wether, Wouldn’t you agree that Republicans can’t let the fairness of it, go to the voter? Can they get away with this? Jerry, what do you say?”

“Well, Reverend. I think the attempt to disenfranchise the voters in minority districts is something that Congress has to address…”

“Look at here we have numbers to tell us. Look at this number of people who had to give up and they had 20,000, 200,000, people who just said we can’t wait. What do you say to that Jenny?”

“I think we all agree that we had a real problem in the last election…”

Hey, I love his politics but this guy cannot put together a coherent sentence. And Chuck Todd is a close second in the race to ineptitude. C’mon guys. Make an effort.

Moving on to the High Court, I gather that another zillion friend of the court briefs landed on the desks of the Supreme law clerks last week, as the bad guys’ amici filings came due. I have resisted the urge to read these horrific sounding papers, and I’m none the worse for my laziness. I have about 20 years of anti-marriage legal briefs and opinions under my belt and from what I’ve heard there’s nothing new in this latest barrage.

The big question now is whether or not the Obama administration will weigh in on the Prop 8 case. As you know, the administration is one of the petitioners in the Windsor challenge to the Defense of Marriage Act. But the federal government is not technically involved in the Prop 8 challenge to California’s marriage ban.

That said, the Justice Department is free to author a friend of the court brief in opposition to the California amendment. An opinion by the federal government always carries significant influence with a court, ergo we all would like the administration to become one of our legal “friends.” They have until February 21 to file a brief. My last column reported that the deadline was February 28, but astonishingly, I appear to have been mistaken.

In addition to the ugly antigay briefs that rained down on Washington last week, we also saw the Court-ordered brief on standing in the Windsor case from Harvard Law Professor Vickie Jackson. As the Court had requested, Jackson argued that neither the House Republican “bipartisan legal advisory committee” (BLAG), nor the U.S. Justice Department, had the right to appeal the Windsor decision to the High Court.

To make a long story short, Jackson noted that Congress had no direct stake in the constitutionality of the Defense of Marriage Act; and even if it had, the BLAG does not represent Congress as a whole since the U.S. Senate has not agreed to its activities. As for the Justice Department, Jackson points out that the Obama administration “won” its case against DOMA in lower court, and should not by rights be able to appeal a victory. Other voices argue that since the administration is continuing to enforce DOMA, and indeed has yet to repay Edith Windsor’s unconstitutional $360,000 estate tax check, the government has a continuing controversy that qualifies for standing under Article III of the Constitution.

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He Takes The Cake

So, if we ran a bakery, should we be required to design a cake that says “God Hates Gays?” Of course, the story in the news this week actually involves a Christian bakery in Oregon that has refused to make a cake for a lesbian wedding. But the question works both ways.

One thing that’s clear is that these cases are not a matter of “religious freedom,” as the baker bleats. Hating gay people, or blacks or anyone else, is not a matter of faith, and saying so doesn’t make it so. But it might be a First Amendment question, don’t you think?

Oregon state law, along with that of many of its sister states, forbids discrimination on the basis of sexual orientation in public accommodation. That would include businesses like the Evil Cake Makers in question. But would that law oblige someone to produce a message that violates their deeply held beliefs? Would a black-owned bakery be obliged to ice an Aryan Nation cake? Would a Jewish bakery be forced to craft a swastika?

I think there’s a difference between refusing to serve a gay couple in a restaurant or clothing store, and refusing to make something that conveys an idea you despise. And for the record, there was another mean baker in Colorado, so don’t think I got the dateline wrong.

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Super Bummed

What do I do with a 150-word shortage at the end of this column? I think I will ask my San Francisco readers to forgive me for the Super Bowl. Naturally I was rooting for the 49ers, but I also hoped that Chris Culliver would have a bad game as cosmic penance for his obnoxious comments about gay players.

Thanks to the mixed messages I was sending to the Gods of football, we gave up a big touchdown and extended the Raven’s drive in the 4th quarter with a pass interference call. I blame myself.

That said, am I the only one who thought Kaepernick could have run for a touchdown on second and goal at the end of the game? And while I’m not an expert, I was under the impression that the defender is not allowed to wrap his arms around a potential receiver and drag him off the play. One of the commentators said that it was “tough” to call holding at the end of a big game. Say what? You just throw away the rule book because it’s a “big game?” Bottom line, my friends we were robbed.

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