By P.J. Reno

Within hours of President Bush's July 19 announcement that U.S. District Court Judge John G. Roberts Jr. was his nominee for the vacancy on the Supreme Court, LGBT rights groups had made statements calling for a thoughtful review of Roberts' record and caution over what a new voice on the nation's highest court would mean for legal issues important to the LGBT community.

Both the National Stonewall Democrats and the Log Cabin Republicans withheld direct judgment of Roberts, but stressed he should be subject to a vigorous confirmation process. To become one of the nine Supreme Court justices, the presidential nominees must be confirmed by a majority vote in the 100-member U.S. Senate. Currently Republicans have a five-seat majority.

"An individual given a lifetime appointment to the Supreme Court will affect the lives of millions of Americans for generations to come," said Jo Wyrick, deputy director of the Stonewall Democrats. "Senate hearings into a nominee's record will help prevent the American public from unfairly prejudging a nominee based on personality alone. National Stonewall Democrats looks forward to further review of the record of Judge Roberts."

"Recognizing the importance and impact of the Supreme Court, we support the confirmation of all fair-minded jurists to the bench," said Patrick Guerriero, president of the Log Cabin Republicans. "Log Cabin will carefully study the record, writings, and testimony of Judge Roberts during this confirmation process, particularly as they relate to questions of basic fairness for gay and lesbian Americans."

Judge Roberts, who has been on the Court of Appeals for the District of Columbia Circuit since 2003, served as a Department of Justice appointee in the first Bush administration and as an associate counsel in the Reagan administration. A lawyer who has appeared before the Supreme Court more than 30 times, he is considered a solid conservative choice for the court. Because he has served on the Court of Appeals for only two years, there is little evidence to suggest how he might rule in cases of concern to the LGBT community. Roberts is the first Supreme Court nomination in 11 years. A vacancy opened on the court in early July, when the first female Supreme Court justice, Sandra Day O'Connor, made the surprise annoucement she was stepping down after 24 years on the bench.

In a July 20 press conference, the Human Rights Campaign announced it was not opposing Roberts, but had "grave concerns" over his confirmation, citing his comments about abortion, the separation of church and state, and his views on Congress' ability to enact laws that offer groups or the environment specific protections.

"We don't know what his record is to be able to judge it," said Christopher Labonte, HRC's legislative director. "The Senate needs to fully vet his views."

Labonte also said that Roberts' unanimous confirmation vote in 2003 shouldn't be seen as an automatic pass for a nomination to the Supreme Court.

"The Supreme Court is a completely different question," Labonte said, noting that the Supreme Court has the final authority in federal judicial matters. "Roberts does not have that lengthy of a judicial record. The ballgame is completely different."

LGBT legal rights group Lambda Legal also suggested Roberts' views on reproductive choice, privacy, and the role of federalism were an important measure of how he might view LGBT issues. The group's executive director, Kevin Cathcart, said there needed to be more than assurances from the president that Roberts was a good man.

"In nominating Judge John G. Roberts to replace Justice O'Connor on the Supreme Court, President Bush has just about guaranteed that divisiveness will continue to reign in the judicial nomination process," Kathcart said. "Some have suggested that Judge Roberts is well-liked, but with all due respect, we need to know if he will stand up for the rights of all Americans not whether some people think he's a nice guy."

Matt Foreman, executive director of the National Gay and Lesbian Task Force, said in a statement the nomination gives his group "great pause," and that the Task Force was particularly interested in how Judge Roberts viewed LGBT-specific rulings like the Supreme Court's 2003 Lawrence v. Texas decision, which struck down laws punishing private, consensual adult sodomy.

"Only if Judge Roberts meets these critical standards of qualification, judicial philosophy, fairness, independence, and a dedication to protecting the rights of all under the Constitution, should the Senate vote to confirm his nomination to the court."

On the morning of July 22, U.S. Senator Barbara Boxer (D-CA) held a press conference at West Hollywood City Hall to address some major recent issues flooding the national news circuit, especially President Bush's nomination of Judge John Roberts to the Supreme Court. Senator Boxer expressed deep concerns over the future state of our rights and more specifically, the right to privacy and a woman's right to choose. Boxer promises that as Senator, she will ask the toughest questions and will not rest until Judge Roberts provides answers on his political agenda.

"Now that the President has nominated John Roberts to the Supreme Court, it is up to the United States Senate to decide whether or not we want to confirm him. With the fundamental rights of all Americans hanging in the balance, my colleagues and I have the responsibility to carefully and thoroughly evaluate the nominee, " explained Boxer. "According to a CNN poll, 65 percent of Americans want the new Supreme Court Justice to uphold Roe [v. Wade]. We can't go back to those days. In a recent debate, Roberts was quoted as saying: 'Roe was wrongly decided and should be overruled.'"

"If Roberts is confirmed, he is likely the deciding vote on whether the court will continue to think about a woman's health. Make no mistake. The right of protection for health is the centerpiece of [this situation]."

"[A]ll of our rights are at stake. All of us have to get involved in this. Justice O'Connor was a pivotal person in protecting our rights. Her retirement from the court has created in and of itself an extraordinary circumstance, one which places an equally extraordinary obligation on all of us to ensure that Justice O'Connor's successor values our independence by continuing it. And one of the things I want to say today is I hope that my constituents will let me know the kinds of questions they want me to ask Judge Roberts."

"The ability to write laws and protect the people is very much in question. We're very much on the edge. We're hanging by a thread when it comes to privacy. This is a swing seat. This is the O'Connor seat. This is the seat that made all the difference." -- Ramy Eletreby contributed to this report.

Task Force Denounces New York Times Bisexual Story

The National Lesbian and Gay Task Force denounced a July 5 story in The New York Times that called into question male bisexuality as "shoddy, sensationalistic, and downright insulting." The story, "Gay, Straight or Lying? Bisexuality Revisited," profiled a forthcoming study on bisexuality in males. The article, which concludes that the study "casts doubt on whether true bisexuality exists, at least in men," fails to note inconsistencies in the study's methodology, according to the Task Force.

"It equates sexual orientation with sexual arousal, as supposedly measured by a crude deviceÑconsidered highly suspect by researchersÑin the hands of an individual with a long history of controversial research," said Matt Foreman, the Task Force's executive director. Foreman was criticizing the study's author, J. Michael Bailey, who has been challenged on past sexuality studies and accused of misconduct by former research subjects.

The Task Force also criticized The New York Times, chastising the newspaper for not including enough bisexual voices in the story and not challenging the scientific validity of the study, which equated arousal with orientation and sought out only 100 subjects.

"It defames the truth in the lives and loves of millions of bisexual men," Foreman said. "The Times should be ashamed."

Hawaii Governor Rejects Employment Discrimination Bill, Signs Housing Bill

Hawaii's governor declined to sign a bill the week of July 13 that would have added gender identity and expression to the Aloha State's employment discrimination's statute, but signed a bill with the exact same wording that extends protections in terms of housing. Republican Gov. Linda Lingle said she couldn't sign the employment bill because it was "subject to broad and subjective interpretation" and would affect "the ability of business and related organizations to manage these situations by establishing and enforcing basic conduct standards." The employment bill passed Hawaii's House of Representatives by a 46 to 5 vote and the state Senate by 20 to 5. According to the Human Rights Campaign, 10 states protect against workplace discrimination based on both sexual orientation and gender identity and expression, and six additional states have sexual orientation-based protections.

Hawaii's governor declined to sign a bill the week of July 13 that would have added gender identity and expression to the Aloha State's employment discrimination's statute, but signed a bill with the exact same wording that extends protections in terms of housing. Republican Gov. Linda Lingle said she couldn't sign the employment bill because it was "subject to broad and subjective interpretation" and would affect "the ability of business and related organizations to manage these situations by establishing and enforcing basic conduct standards." The employment bill passed Hawaii's House of Representatives by a 46 to 5 vote and the state Senate by 20 to 5. According to the Human Rights Campaign, 10 states protect against workplace discrimination based on both sexual orientation and gender identity and expression, and six additional states have sexual orientation-based protections.

Santorum Backs Gay Staffer

Sen. Rick Santorum (R-Pa.) told a Pennsylvania newspaper July 18 he can employ a gay staffer while opposing LGBT rights issues like same-sex marriage.

"I think it squares very clearly with my public positions on every other issue, which is that I treat people fairly, I treat people equally, I treat people with dignity and respect, and irrespective of what they may or may not do outside of work," Santorum said to the Wilkes-Barre Citizens' Voice.

Santorum was speaking about his director of communications, Robert L. Traynham, who was outed earlier in July by the Web sites PageOneQ and bogACTIVE.com after blogger Michael Rogers ran an article reporting Traynham admitted to being gay during a phone call with him. Traynham would not answer Rogers' questions on whether or not he supported his boss' stance on LGBT issues.

"Senator Santorum is a family man," Traynham allegedly said. "I have been with Senator Santorum for eight years and I am very proud to be with him."

Waters Announces Anti-War Effort at O'Leary Memorial

Congressmember Maxine Waters, among the dignitaries who spoke at the July 24 memorial for longtime LGBT activist Jean O'Leary, announced that she is joining Jane Fonda in sparking an anti-Iraq war effort.

"If you don't stand for something, you'll fall for anything," Waters said, noting that if O'Leary and Midge Costanza, then special assistant to President Jimmy Carter, could organize the historic LGBT meeting in the White House in 1977, "what the hell is wrong with us? Let's get on with the business that should be done."

Other dignitaries who spoke at the memorial at the L.A. Gay & Lesbian Center's Village included longtime Democratic Party operative Roz Wyman who spoke for U.S. Sen. Dianne Feinstein; California State Treasurer and gubernatorial candidate Phil Angelides; L.A. County Supervisor Zev Yaroslavski; and Mayor Antonio Villaraigosa.

O'Leary died on June 4 at the home of her partner Lisa Phelps in San Clemente after a two-year struggle with lung cancer. She was 57. O'Leary co-founded National Coming Out Day; founded Women's Night, now an annual event at The Center; was executive director of the National Gay Rights Advocates; and, as co-director, added "Lesbian" to the National Gay Task Force. O'Leary, a longtime Democratic Party activist, was also a presidential appointee to the National Commission on the Observance of International Women's Year. Among her last efforts was helping elect her friend and business partner Ginny Foat to the Palm Springs City Council. - Karen Ocamb

Patent Office Rejects Dykes on Bikes Trademark

A female biking group announced July 14 the U.S. Patent and Trademark Office has for the third time refused their request to register their name, "Dykes on Bikes," claiming the slogan is derogatory to lesbians.

The nonprofit San Francisco Women's Motorcycle Contingent was forced to seek registration of "Dykes on Bikes" when an individual, unassociated with the organization, attempted to use the phrase for commercial purposes and wanted to charge contingents throughout the country for its use. SFWMC decided to obtain a trademark to protect the non-commercial use of the name and its meaning to the LGBT community from private commercial use.

As part of the patent office submission, lawyers for the group submitted more than two dozen statements from academics, scholars, linguists, psychologists, and LGBT activists about how the word "dyke" has evolved over the past 40 years to become a term of pride and empowerment when used by lesbians to describe themselves.

"For 27 years, 'Dykes on Bikes' has proudly led the San Francisco LGBT Pride Parade," said Vic Germany, president for the group. "We embrace the word dyke and are proud to celebrate our identity."