Thursday, May 30, 2013

GLBT Fortnight in Review

GLBT Fortnight in Review, May 29, 2013
BY ANN ROSTOW
Pride! Again!
I write to you on the eve of Pride Month, capital P and capital M, our annual celebration of the Stonewall riots that started the modern gay rights movement back on June 28, 1969. Here in Texas, our celebration was so hot and so miserable for so many years that at some point we decided it was unsustainable. We now have our Pride event in September or October, on a date so random that I can’t even tell you which month it’s in. Even in the early fall, the days are still so hot that we have our parade at night.
And the whole event kind of pops up unexpectedly. Some friend will call and ask whether we want to meet for cocktails and watch the festivities from the roof of some 6th Street bar. Oh! Is tonight Pride, we ask? When does it start? Last year, we arrived at 5. Everyone had a different opinion on when the parade began. After threehours of drinking above the empty streets, we finally gave up and had a civilized dinner at an expensive downtown restaurant. (After all, it was Pride night!)
This is all to say that I have lost my connection to Pride. The real Pride, that is. The Pride that arrived on one special Sunday at the end of June when we all came together, young and old, male and female, rich and poor, black, white and brown, and took over the town. Manhattan in the late 1970s and early 1980s, San Francisco in the 1990s. It was tacky, exuberant, exhilarating. It had a rhythm, building throughout the afternoon towards a wild night of carousing. We bought junk, consumed mystery drinks, wore rainbow hats, stood up through the moon roof and ripped our shirts off, staggered down Seventh Avenue south, skinny dipped on Ocean Beach. We listened to speeches and cheered. We danced all day and all night.
And now? Now it’s a couple gin and tonics and we’re off to Trulucks for a dozen oysters and a bottle of white Cote de Rhone. What happened? Stranger still, I don’t even miss the original version of Pride. I really love oysters, air conditioning and a dark booth in an old restaurant. Plus, back in the day I couldn’t afford oysters. One time in New York, the only money we had was a healthy collection of nickels, dimes and quarters. We each took charge of one denomination, so every commercial transaction required a group effort of pulling out coins. Somehow, this stash sustained us through most of the day.
So, as I sit by the sidelines slurping Blue Points, I trust that all of you will do justice to Pride Month and Pride Day in the City by the Bay. I assume that President Obama will issue his usual Pride Proclamation, singing our communal praises and sounding a clarion call for justice. And of course, this year, we may actually have something real to cheer for: a High Court ruling or two that could compound the significance of late June for future historians of the LGBT movement. Hell, I might have to dig out my rainbow beads, put on one of my March on Washington T-shirts, fill up my giant plastic party drink tube with some imaginative concoction, grab my newly recognized spouse and parade down the streets of Austin alone in the 105 degree heat to mark the occasion.
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Why Do We Even Have to Cover This?
One of the big stories this week is the God damned Boy Scout vote. The story is irritating on several counts. First, I don’t know about you, but as far as I’m concerned, the Boy Scouts are very 20thCentury. They were behind the times when they fought us in the Supreme Court and “won” the right to discriminate as a private organization. Since that 2000 ruling, they have been disgraced. They have lost half their members. And they’ve lost countless partnerships with thoughtful municipalities and civic organizations. Now, years later, they deign to admit gay scouts and they expect us to give them a round of applause? I don’t think so.
Second, as you may know, these bozos decided to maintain their ban on gay scout leaders. Why? There can only be one rationale, and that would be the notion that gay scout leaders are there to prey on gay scouts. So I repeat. They want a round of applause for admitting the gay scouts while they persist in a policy based on the most pernicious stereotypes we face as a community? Again, I don’t think so!
And finally, when will the mainstream media start covering the gay rights movement with even a modicum of nuance? The Boy Scout story deserved coverage, simply based on the organization’s long history of intolerance. That said, this was not a big story. It’s not just me. Our community may find the Boy Scouts annoying, but we really don’t take them that seriously. It’s not that our community was pressuring the Scouts. The world itself was passing them by and they were finally obliged to catch up just a little. Yet from the coverage, you would have thought our movement had made a major breakthrough of some sort. Um, no.
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Sleepless in Springfield
So, as I write, the Illinois House of Representatives has three more days to call a vote on the marriage equality bill that passed the state senate in February. The long delay reflected the fact that we lacked the votes to pass marriage in the house, but lately we’ve been hearing reports to the contrary. Do we have the votes or not? Will the measure be called to the floor, or not? Will Illinois become the 13thstate to step into the bright light of equality, or not? Hell if I know, but I mention this because I don’t want Illinois to pass marriage equality tomorrow and have all you readers think I was living in a cave.
Meanwhile, the Nevada legislature passed a bill to put a marriage referendum on the ballot that could overturn the antigay language now soiling the Blackjack State’s constitution. Under state law, the measure must be passed by a successive legislature and subsequently put to a public vote. So although the news is nice, it’s not imminent. Plus, don’t forget there’s a federal marriage lawsuit now pending in the Ninth Circuit against both Hawaii and Nevada. It could be that the appellate courts will weigh in before the public has its say, although the ultimate question of marriage rights under federal law will await a Supreme Court decision. This combined Hawaii/Nevada lawsuit may wind up before the justices, assuming they push the meat of the Prop 8 case to the side of their plates as expected.
And what other marriage news is ripe for the picking this week? Well, some group is bent out of shape by that pro-gay marriage ruling in Brazil that I mentioned last time. As I said before, I don’t really understand the Brazilian court system and don’t feel like looking it up. Since that attitude has not evolved since my last column, I have no further comment on the situation other than to inform you that something positive happened in Brazil, and now apparently, it’s pissed off a bunch of people.
There’s also a provocative article in The Atlantic (and does The Atlantic publish any other kind?) that suggests gay couples have a thing or two to teach straight couples about marriage, only because we must rise above gender roles in our domestic lives. I found it fairly interesting and fairly obvious, but like most articles of this ilk it was salted with real life examples of Bill and Bob, Tammy and Jeff, Betty and Jane.
The problem with specific examples is that no couple is fully representative of their demographic. They’re just selected to fit the journalist’s scenario. Betty and Jane might transcend gender roles, but they also might simply be devoted to each other, the one factor that makes all the difference to couples of all orientations. There’s nothing provocative about that thesis, however.
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Kiss Me Kate
Bay Times founder Kim Corsaro has written an article in The Advocate about the 18-year-old Florida senior, Kaitlyn Hunt, who was charged last February with “lewd and lascivious battery on a child 12-16 years old” due to her relationship with her freshman high school girlfriend. According to Kate’s lawyer, the relationship began in November; Kate had turned 18 in August. According to other news sources, the girl ran away to live with Kate in January, at which point the girl’s parents blew the whistle and called in the cops.
The charge is a felony that carries jail time as well as the status of sex offender, which of course could pretty much ruin Kate’s life. Under Florida’s Romeo and Juliet law (which also covers same-sex romances) Kate could be charged with a lesser crime and avoid the sex offender label, but one legal analysis I read suggested that other states might not recognize the distinction and would treat her as an offender under their own state law. In mid-May, the state offered to drop the charge to some lesser type of battery, which would allow Kate to avoid prison time and (in theory) stay clear of sex offender status. However, Kate and her parents rejected that offer, arguing that even the lower charge could severely damage Kate’s future.
As we go to print, it’s not clear whether Kate will decide to fight the charges or whether the state will come through with a more acceptable plea deal. What is clear, however, is that teen relationships within a five-year age range should not be subjected to criminal penalties of any sort.
In some ways, this is not a case of discrimination only because boys and girls get nailed for these faux statutory rape type charges as well. Yet we have seen harsh attacks on youthful gay romances in the past, and for a long time most of the Romeo and Juliet statutes that protect young lovers did not apply to same-sex couples. So when gay teens fall under the criminal spotlight for what appears to be an innocent romance, alarm bells ring. Plus, although they claim to be free of bias, you can’t help but wonder if the parents of the younger girl would have taken a kinder view of a boyfriend. And maybe the state would have given a Romeo a break as well.
The case will play out in the days to come, and will likely be settled before Kate’s June trial date. Meanwhile, the social media attention has been massive, with Free Kate pages and petitions going viral around the globe.
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Vive La France
I was pleased to see that a lesbian movie won the top prize at the Cannes film festival. Yay! And speaking of France, they’re still marching in the streets of Paris to protest the dawn of marriage equality, but the deed is done. Meanwhile, the best tennis players in the world are starting to pound the red clay off their heels at Roland Garros, a signal that the long slog through cold hard serious months are about to give way to the glories of a hedonistic summer.
Much has been written about April in Paris, but in truth it can be a dismal time. Only in June does the city warm up. Even in the early rounds of the French Open you’ll see spectators in jackets and sweaters. But by the time the semi-finals come around, it will be 75 degrees and climbing in the City of Light. Vacation is around the corner, and I don’t mean a week on Long Island. We’re talking a month in Biarritz or Cap D’Agde, and another month of lazing around putting in half days at the office and taking three-day weekends because the other half of the staff is on vacation. Or so it was in the 1980s when for seven years I blew off two weeks of work to watch tennis with the full cooperation of my Gallic superiors, who did the same. And that was before our actual vacations even began.

Friday, May 3, 2013

Jason, Jason, He’s Our Man

GLBT Fortnight in Review, May 1, 2013
BY ANN ROSTOW
Jason, Jason, He’s Our Man
Don’t get me wrong. Jason Collins, our Great Gay Hope, seems like a really nice guy. He came out of the closet last week with grace and style. He’s handsome and smart, right out of central casting as the perfect professional gay athlete.
But still. Does Jason really merit the tens of thousands of news stories he’s managed to generate in the last few days? Peyton Manning, maybe. But Jason Collins? Was it really such a shock to discover the sexual orientation of a veteran journeyman hoopster? A man that no one except serious basketball fans had ever heard of? Well, I guess it was.
At any rate, the courageous center was rewarded with near universal support. A call from President Obama, an invitation to throw out a pitch at a Red Sox game, a general buzz of pleasure and praise from the media and the blogosphere. He certainly deserves the acclaim, as well as the promised Nike sponsorship that is coming his way. But before we tire of this subject, did any of you notice that Baylor superstar Brittney Griner came out of the closet a week or so earlier and no one said a word? She did, however, get a Nike contract as well, so there’s that.
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Viva La France
So, the French senate finally passed marriage equality the other day, although we will still have to wait for two more votes. I’m not an expert on political procedures in the Land of Delicious Things to Eat and Drink, but it does seem that they conduct a hell of a lot of votes on the same bill before it passes. Nonetheless, this time the deal appears to be done, and marriage licenses are expected to be available by summer.
Meanwhile, many American commentators have noticed that the opposition to marriage equality in France seems to take the form of massive marches and protests, the likes of which are not seen in the United States. How is it, they wonder, that a country with such a laissez faire attitude on many other social issues is bent out of shape by gay marriage!
Actually, the French do not necessarily have an “anything goes” mentality. But more importantly, some 65 percent of the French continually support marriage equality in polls, a higher percentage than we see here in the Homeland. The French are better at organizing street protests in support of fringe viewpoints, that’s all.
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Equality States Hit Double Digits
You probably read about the good news out of Rhode Island, where the state senate finally got it together to take a vote on marriage equality. Once the bill has been ratified by the house and signed by the governor, Rhode Island will become the 10th state to allow gay unions, and New England will become a solid block of Free States, as I like to call them. It should be a done deal by the time you read this column.
“It’s bad enough when families break down through divorce or death,” said Brian Brown of the National Organization for Marriage after the vote. “But it’s unconscionable when a state encourages this through policies that deprive children of the love of both a mother and a father.” You know, quite frankly I wish the Rhode Island legislature had left out the section of the bill that deprives kids of the love of one of their parents. But I guess you can’t make an omelet without cracking a few eggs, right?
Over in Illinois, where the state senate passed a marriage equality bill some time ago, it seems the house will take a vote on the issue by the end of May. The marriage vote in the Illinois house has been too close to call for weeks, which is why the bill has not been brought to a vote. But hey. “Too close to call” is better than “no chance of passage,” so let’s keep our fingers crossed.
And in Delaware, the state house approved a marriage bill on April 23. As I write, on May 1 if you must know, a senate committee is expected to move the bill to a floor vote. So, yay!
I know that civil unions seem like a bit of a letdown with all our progress towards equality. But still, there’s reason to celebrate the launch of civil unions in Colorado this month. Couples lined up at the crack of whatever time it was in order to tie their knots. I know they could only tie a loose little bow, but it was better than a kick in the pants.
Finally, speaking of kicks in the pants, that’s what we got over here in the Lone Star State, where our ultra conservative Attorney General issued a five-page opinion suggesting that cities, counties and school districts do not have the right to recognize domestic partners. Doing so, wrote Greg Abbot, creates a legal status similar to marriage in violation of the Texas constitution.
Fortunately, it looks as if (Austin’s) Travis County, the Austin school district, and other entities that have partner benefits in place are going to ignore the position paper, which is not binding. But it will no doubt have a chilling effect on the growth of domestic partner programs around the state. And it’s just one more reminder to my wife and me (California 2008) that even though Austin is a fabulous place to live, we may eventually be forced to move.
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ENDA? Not This Again!
I was disturbed to see that the Employment Nondiscrimination Act has been introduced in the U.S. Senate, yet again. Some of you may recall that I don’t like this bill, which purports to end GLBT workplace discrimination. Why do I hate it so much? Because it carves out a special legal remedy for GLBT people when there already exists a powerful federal law that covers everyone else (Title VII of the Civil Rights Act of 1964).
Back in the 1990s, when ENDA was first introduced, the idea of adding “sexual orientation” to the categories covered in Title VII was impractical. But that was 20 years ago! Why are we still pushing this relic, which could actually harm our community rather than help it? The last version of ENDA that was worked over by Congress a few years back had a limited or nonexistent right to file a lawsuit. It was a Swiss cheese bill, filled with loopholes that would have forced courts to evaluate cases of gay bias under a very low bar. Why would we want such a mechanism when the rest of the country operates under a tough statute that is backed by half a century of case law and includes the right to sue for damages? (The current ENDA, as far as I can tell, caps damages at $100,000 to $300,000.)
In the absence of ENDA, many courts have chosen to interpret Title VII to cover trans bias, as well as cases of antigay discrimination which involve sexual stereotypes. A male worker who is harassed for his effeminate style, for example, could bring suit under Title VII. (Sexual stereotyping is considered a form of impermissible sex discrimination under current law.) If we pass ENDA, however, courts will have to take direction from the new law, which as I mentioned is a pale shadow of Title VII. Plus, it reinforces a second class status for GLBT workers, who will be formally relegated to an inferior level of protection.
If you’re old enough, you might remember that California once banned gay bias in the workplace under a section of the Labor Code rather than under the Unruh Civil Rights Act. The compromise was a useless disaster, later rectified by the state legislature. So why are we engaged in this “baby steps” exercise in the U.S. Congress? Someone please tell me.
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Crazy Cats Down Under
I just took another tour through a “gay” search of Google news, where I was still finding news about Jason Collins and gay men in sports even up into screens 50 and 60. Amazing. Persevering towards news on other topics, I discovered that a trio of women who call themselves “Australian Cat Women” have managed to buy the domain name for the country’s leading antigay conservative group, the “Australian Christian Lobby.”
The Cat Women paid something like 19 Australian dollars for the rights, which I’m guessing the people at Christian Lobby failed to renew. They immediately posted their logo, a cat under a rainbow, and when word of the coup began to spread, they found themselves with hundreds of thousands of viewers. The women are not sure how to capitalize on their new platform. The whole thing was supposed to be a joke, but now the possibilities abound. The Australian Christian Lobby had not responded to media inquiries as of April 29.
Cute story, don’t you think? My impression is that Australia doesn’t have a strong conservative religious faction. I think their Prime Minister is an official atheist. But it’s still fun to mess with these bozos, wherever and whenever we have the chance.
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Binational Gays Should Probably Wait
I suppose I should write about the Immigration Bill. Gay activists have been annoyed that the proposals emerging from the Gang of Eight do not include sponsoring citizenship for foreign gay spouses, and Patrick Leahy has indicated he may add an amendment recognizing gay partners when the now-massive bill arrives at the Senate Judiciary Committee. But according to Marco Rubio, such an amendment would doom the entire legislation.
What’s an activist to do?
Well, what we probably should do is give up this particular fight. We will likely prevail in just a few months, when the High Court is expected to strike the Defense of Marriage Act as unconstitutional. With DOMA out of the way, the federal government will treat a gay spouse like any other spouse. Meanwhile, the Immigration Bill, if passed, will improve the lives of maybe 250,000 undocumented LGBT residents. Do we really want to stand on principle with so much at stake for so many people, gay and straight, who live in the shadows?
But what if DOMA is upheld? We’ll just keep fighting of course. But let’s not scuttle immigration reform in the process. Plus, you know DOMA is doomed.
By the way, have you noticed a lot of elephants in TV commercials these days? Aren’t they adorable? There’s the elephant who goes to the hotel. Then there’s the one who makes it hard for people with COPD to breathe. And there’s a car insurance elephant too. For the record, I’m pleased that someone decided to rename the scary sounding “emphysema.” COPD seems much more manageable. Particularly when you take the drug that gets the elephant to get off your chest and walk beside you in companionable silence.
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Cocktails All Around!
Yes, I know that had nothing to do with GLBT news, but what else do you want to talk about? The Day of Silence? That came and went successfully for the ten zillionth year in a row. Want more stories about mean florists and photographers who don’t want to participate in our weddings? I thought not. Too depressing. Oh, I think I should tell you about our out lesbian District Attorney here in Austin, who got nailed for a DWI the other day.
I know, I know. It could happen to any of us, right? (Well, some of us at least.) But Rosemary Lehmberg had a blood count of around .23 and an empty vodka bottle on the passenger seat, taking Driving While Intoxicated into the entirely new category of Driving While Out Of Your Mind Drunk. At least she lived up to our municipal motto, “Keep Austin Weird,” because nothing says “weird” like getting behind the wheel when you are nearly comatose from alcohol consumption.