By Ramy Eletreby

Massachusetts Constitutional Convention Defeats Anti-Gay Marriage Amendment

On Sept. 14, thousands of gay couples in Massachusetts celebrated as a proposed constitutional amendment banning same-sex marriage and creating civil unions as an alternative was defeated by an overwhelming majority at the state Constitutional Convention. The Massachusetts Legislature defeated the measure by a vote of 157 to 39, a dramatic reversal of the legislature's position in 2004 to undo the state's gay marriage law.

The National Gay and Lesbian Task Force (NGLTF) applauded the Massachusetts Legislature for their defeat of the anti-marriage amendment. For almost two years, NGLTF spent roughly $346,000 working with MassEquality and several other organizations to preserve marriage equality in Massachusetts.

"Today's vote proves that dogged grassroots organizing can change legislative votes," said NGLTF Executive Director Matt Foreman. "MassEquality [has] done an extraordinary job and we are very proud to be on-the-ground partners with them in preserving marriage equality in the one state where it now exists."

Gay Republicans also applauded the vote. "The forces of intolerance and exclusion should heed the will of the people and recognize that their efforts to roll back civil marriage equality are doomed," Patrick Guerriero, president of the Log Cabin Republicans, said in a statement.

Anti-gay marriage groups vowed to place a constitutional amendment on the ballot in 2008.

Two Defendants Found Guilty in Transgender Murder Trial; Mistrial Declared for Third

After nearly three years and two trials, on Sept. 12, two of the three defendants were found guilty of the October 2002 murder of Gwen Araujo, a transgender teen from Newark, Calif.

Michael Magidson and Jose Merel were found guilty of second degree murder after the body of 17-year-old Araujo was found in a grave. She had been beaten, battered with a shovel, and then strangled after her attackers discovered that she was biologically male. The third defendant, Jason Cazares, received a mistrial because the jury was not able to reach a verdict despite prolonged deliberation requested by Judge Harry Sheppard. Last year, a fourth defendant, Jaron Nabors, cut a deal with the Alameda County District Attorney's office and testified against the other three defendants in exchange for a guilty plea to voluntary manslaughter.

"Gwen's murder in 2002 was a stark reminder of the high risk that transgender people face for violence," said Transgender Law Center Director Christopher Daley. "The actions of Gwen's family and friends, the D.A office and community members over the last three years are significant steps toward reducing that risk."

Ironically, two days after the verdict, the U.S. House of Representatives passed the long-stalled federal hate crimes legislation. "Hate crimes are different than other violent crimes because they seek to instill fear and terror throughout a whole community -- be it burning a cross in someone's yard, the burning of a synagogue, or a rash of physical assaults near a gay community center," said openly gay Congressmember Tammy Baldwin (D-Wis.). "All Americans, regardless of their race, sex, gender identity, disability or sexual orientation, have a right to feel safe in their communities. Gays and lesbians should not have to live in fear anywhere in the United States of America."

Farrakhan Welcomes Gays at the Million More Movement March

In an historic move, Nation of Islam leader Minister Louis Farrakhan met with black gay and lesbian leaders during a 50-minute conference call Sept. 7 to discuss LGBT inclusion during the upcoming Million More Movement March. The meeting was the first for the Nation of Islam leader who has previously indicated he wants gay participation in the Washington, D.C., march, the 10th anniversary celebration of the 1995 Million Man March.

Included on the call with Farrakhan were National Black Justice Coalition (NBJC) President Keith Boykin, Vice President Donna Payne, and Executive Director H. Alexander Robinson; D.C. Coalition of Black Lesbians and Gays co-founders Carlene Cheatam and Phil Pannell; and D.C. city official John Wallace.

The group presented Farrakhan with three demands: allowing openly lesbian and gay speakers at the Oct. 15 march, full participation and event organizing by NBJC at the national level and D.C. Coalition at the local level, and a face-to-face meeting with black gay and lesbian leaders.

Farrakhan said he welcomed the meeting but he would not make a commitment to include lesbian and gay speakers at the event. He said he would refer the demands to his executive committee for consideration, insisting the agenda for the event hadn't been set.

The leaders were heartened, however, by Farrakhan's story about a close family friend who he believes is gay. "He sits at my table and eats with my family but I never ask him," Farrakhan told the LGBT leaders. "If he said to us that he was openly gay, it would not make any difference."

Last February at the Tavis Smiley State of Black America conference, Farrakhan publicly announced the inclusion of gays and women at the march. The event is specific to the black community and the black same-gender loving community has mobilized nationally to ensure there is a contingent present. -- Jasmyne A. Cannick

Army Document Halts Gay Discharges During Wartime

Homosexual conduct is incompatible with military service, according to the Pentagon's "Don't Ask, Don't Tell" policy that requires the discharge of any servicemember who admits or is found to be gay, even when the country is at war or has depleted units. Though the military issued "stop-loss" orders to retain those facing discharge during the Gulf Wars and following the Sept. 11 attacks, the government insisted the orders did not apply to gay discharges.

Gay servicemembers, however, have long alleged that the military knowingly sends gays to war, only to fire them upon their return. On Sept. 13, scholars at the Center for the Study of Sexual Minorities in the Military (CSSMM), a think tank at the University of California, Santa Barbara, discovered a 1999 manual containing a regulation that states that if a discharge for homosexual conduct is requested "prior to the unit's receipt of alert notification, discharge isn't authorized. Member will enter AD [active duty] with the unit." The regulation is still in effect.

"Scholars, lawyers and, most importantly, gay servicemembers themselves, have long known of the military's practice of looking the other way when it's time to fight a war. Now we have documentation showing this has been a deliberate policy," says CSSMM Director Dr. Aaron Belkin.

Roberts Remains an Enigma

As confirmation hearings by the Senate Judiciary Committee on the nomination of D.C. Court of Appeals Judge John Roberts to be Supreme Court Chief Justice came to an end Sept. 15, the only question that remained was: Who is this guy, really?

Legally brilliant, answering questions without notes, Roberts seemed to confound Democrats when he refused to answer specific questions about his views on abortion and gay rights, among other issues.

However, Roberts said that he believes that the right to privacy, the foundation of the gay rights decision in Lawrence vs. Texas, is inherently guaranteed in the Constitution, which he said is designed to "apply to changing conditions." He also said he is not a conservative in the mold of Justices Antonin Scalia or Clarence Thomas.

"I think if you've looked at what I've done since I took the judicial oath, that should convince you that I'm not an ideologue," Roberts told New York Sen. Chuck Schumer. "You and I agree that that's not the sort of person we want on the Supreme Court."

Roberts also showed flashes of humor. Pro-Life Oklahoma Sen. Tom Coburn asked, "Would you agree that the opposite of being dead is being alive?" Roberts took a beat as the audience laughed and replied, "Yes ... I don't mean to be overly cautious in answering."

When President Bush originally nominated Roberts in July to succeed retiring Justice Sandra Day O'Connor, conservatives cheered and liberals clamored for his defeat. But the Sept. 3 death of Chief Justice Williams Rehnquist meant one conservative would replace another and Democrats have now shifted focus to Bush's future nominee to replace moderate O'Connor.

As IN goes to press, Roberts' confirmation by the Senate Judiciary Committee seems assured. The full Senate is expected to vote by the end of September so Roberts can be sworn in by Oct. 3. -- Karen Ocamb

LGBT Community Comes Out to Help Katrina Victims

Hurricane Katrina displaced thousands of Gulf Coast residents, rendering them homeless and helpless. Among the victims were untold numbers from the LGBT community, many of whom were forced back into the closet for fear that their sexual orientation, their relationships, and/or their HIV status might cause problems in the Southern region. But several LGBT organizations from across the country have rushed to their aid.

Along with more than 19 gay and gay-friendly organizations, the Washington-based National Youth Advocacy Coalition created the Hurricane Katrina LGBT Relief Fund to offer resources to affected LGBT victims.

Houston has become the home base for several of these LGBT and HIV/AIDS relief centers and organizations, such as Houston's Rainbow Cross, as victims have been placed in local shelters, including Houston's Astrodome, without the proper health care.

"We're not the Red Cross," said Rainbow Cross organizer John Szewczyk. "We're just trying to get information on services in the community and get this information passed on to evacuees." The Montrose Counseling Center, along with the Hurricane Katrina LGBT Relief Fund, provides medical assistance to those living with HIV/AIDS, as well as free rapid HIV testing.

The Houston GLBT Community Center established a fund on their Web site to support the Lesbian & Gay Community Center of New Orleans. "As of today, we haven't yet been able to reach anyone," said Houston center board member Tim Brookover, "but those of us in Houston certainly expect that our New Orleans friends will be able to make use of some extra financial support."

Meanwhile Lambda Legal has set up a hotline. "In our experience during the aftermath of Sept. 11, LGBT people face compounded difficulties because on top of the disaster they face discrimination when it comes to recognizing their relationships, leading to even more hardship at the worst moment imaginable," said Kevin Cathcart, executive director of Lambda Legal. The toll free hotline number is (866) 542-8336.

PETA Gala Sparks Debate on Animal Research

A diverse coalition of medical research proponents used the media spotlight of the 25th anniversary gala for the People for the Ethical Treatment of Animals (PETA) to launch a public relations campaign condemning the animal rights group's longtime opposition to the use of animal testing in medical research. From formally arranged press conferences to guerilla style protests at the Sept. 10 event on the Paramount Studios backlot, PETA's opponents aimed to shed light on the consequences of the agency's opposition to animal testing.

"If there was no animal testing, there would be no new drugs," said Dr. Robert Phalen, founder of UC Irvine's Air Pollution Health Effects Lab, at a Sept. 9 press conference organized by Americans for Medical Progress (AMP), a nonprofit agency that works to promote public understanding of laboratory research. Phalen was referring to federal law requiring new treatments to be tested on animals before they can be approved for clinical trials in humans. "I am alive today because of biomedical research using animals," said Peter Cashman, a founding member of ACT UP Los Angeles who has been living with HIV/AIDS for 17 years. "When I first tested positive, we had one drug to fight HIV: AZT. Today we have 25 antiviral drugs for folks to choose from, and over 87 more in clinical trials," all of which had to be tested on animals first.

"We take the animals' side," explained Dan Mathews, vice president of PETA, in a phone conversation with IN. He said that PETA is "against all animal tests, whether for drugs or cosmetics," and that animals should only be killed by humans "in self defense." "Animal tests exist to allow pharmaceutical companies to do what they want," said Mathews, repeatedly referring to the waste and duplication in the current medical research system. He described the development of new drugs to combat HIV/AIDS as "a race to find drugs that sell."

A major point of contention between the two camps is PETA's campaign to boycott organizations that use or benefit from animal testing. "I take it very personally that PETA is targeting charities. They've actually put out booklets, it's on their Web site -- over 130 charities are being targeted by PETA," said Jacqui Calnan, president of AMP, who has epilepsy. Among the charities targeted by PETA are the American Cancer Society, the Elizabeth Glazer Pediatric AIDS Foundation, and the American Red Cross.

When asked if PETA counsels its many celebrity supporters to boycott agencies like the Red Cross and March of Dimes, Mathews said, "They come to us! They get solicited [by these groups] and they come to us to check [the organization's record on animal testing]."

What if a high profile supporter like Paul McCartney or Alec Baldwin was also contributing to one of the offending agencies? Doesn't that amount to accepting blood money? "Not at all," Mathews said, "It's a complicated issue."

At the AMP press conference, Dr. John D. Young, a research veterinarian from Cedars-Sinai Medical Center, asked celebrities scheduled to attend PETA's Sept. 10 event "to stand away from PETA's quarter century of extremism. You can't have it both ways; you can't support PETA and support medical progress." A group called Patient Advocates Against PETA criticized Oscar winner Charlize Theron for supporting both PETA and AIDS research organizations, while the Center for Consumer Freedom staged a protest at the Paramount event intended to embarrass celebrities involved.

In the end, the calls for boycotts from both sides have been largely unsuccessful. The stars showed up at the PETA gala and the Red Cross has continued to raise millions of dollars in spite of PETA's opposition, and even with the help of some of the same celebrities.

To read more about PETA's position, visit: www.peta.org/
To read about those opposing PETA, visit:
Americans for Medical Progress: www.ampef.org/
Center for Consumer Freedom: www.consumerfreedom.com/

-- Christopher Cappiello