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By Ramy Eletreby
House Passes Historic Hate Crimes Bill
On Sept. 14 the U.S. House of Representatives passed the
long-awaited hate crimes bill, Local Law Enforcement Hate
Crimes Prevention Act, by an overwhelming 223 to 199 bipartisan
vote. The bill was attached as an amendment to the Children's
Safety Act, and includes protection for transgender people.
"Hate crimes send a message of fear and Congress answered
with a powerful law enforcement tool," said Joe Solmonese,
president of the Human Rights Campaign. "We must ensure
that some of the most heinous crimes are fully prosecuted
and enforced. Members of the House, Democrats and Republicans
alike, historically signaled today that local law enforcement
officials deserve the tools this bill would provide toward
fighting the scourge of hate crimes."
"Every American child deserves the strongest protections
from some of this country's most horrifying crimes," said
Judy Shepard, mother of Matthew Shepard and HRC board member. "The
House of Representatives answered our call today by passing
a bill that would give law enforcement officials important
crime-fighting tools. This makes families stronger. It makes
America stronger."
Under the e-mail subject head, "The Homosexual Agenda
is Winning in the U.S. House," Tony Perkins, president
of the Family Research Council, reacted strongly. "This
bill also falsely equates homosexual behavior with race,
and encourages a huge federal power grab over local law enforcement.
Worst of all, such laws could eventually lead to criminal
charges for preaching or teaching against homosexual conduct," he
wrote, urging his members to call their representatives.
The measure, which has strong bipartisan support and is
endorsed by more than 175 law enforcement, civil rights,
civic and religious organizations, now goes to the Senate.
Universities Take a Stand Against Military Recruitment-Harvard
Opts Out
On Dec. 6, a group of U.S. law schools in an alliance called
the Forum for Academic and Institutional Rights (FAIR) will
appear before the U.S. Supreme Court in a lawsuit against
the Defense Department regarding military recruitment on
college campuses. Rumsfeld v. FAIR states that the presence
of military recruiters and their anti-gay "Don't Ask,
Don't Tell" policy compromises students' freedom of
speech and discriminates based on sexual orientation. The
University of Pennsylvania and five other universities --
Columbia, Cornell, NYU, University of Chicago and Yale --
filed an amicus curiae brief on behalf of FAIR against the
Solomon Amendment, a law that would withhold millions of
dollars in federal grants if campuses refuse to offer access
to military recruiters. The universities claim that the amendment
is unconstitutional and violates their academic freedom of
speech by not allowing them to determine their own anti-discrimination
policies.
Harvard University, which originally joined the amicus curiae
brief, subsequently withdrew and lifted its ban on military
recruiters using its campus for recruitment purposes. While
Harvard maintains that the military's "Don't Ask, Don't
Tell" policy contradicts the university's non-discrimination
guidelines, the university bowed to Pentagon threats to enforce
the Solomon Amendment.
Several other groups, including the American Civil Liberties
Union and the Christian Legal Society, have also filed amicus
briefs in the case.
Nearly 50 Percent of Black Gay Men Are
HIV Positive-But Who Gives a Damn!
In a recent open letter to the LGBT community, Phill Wilson,
executive director of the Black AIDS Institute and 56 other
national black gay leaders pointed out that last June the
Centers for Disease Control reported that 46 percent of black
homosexual and bisexual men surveyed in five major cities
were HIV-positive, more than double the infection rate among
men of other races. Additionally, over two thirds of those
were unaware of their infection.
"Forty-six percent isn't a catastrophe. It's genocide!
But, where is the outrage?" the letter asks. "As
far as we can tell, following the CDC's announcement no black
or gay media organizations ran front-page stories. No civil
rights organization marched in the streets or called on policy
makers to take action. No black celebrities sponsored relief
concerts. There wasn't even a call to action issued by a
black gay and lesbian organization! É Nearly 50 percent
of black gay men in America may already be infected with
HIV, and AIDS is not on our agenda? How can that be? While
equal rights, including the right to marry, are certainly
worthwhile goals, they are not very useful to us, if we are
dead. Keeping us alive long enough to enjoy the rights we
deserve should at least be on the list.
"What will it take?" the letter asks. "How
many black gay men have to get infected, get sick and die
before we -- not CDC, not the Congressional Black Caucus,
not the large AIDS organizations, but black gay/ bisexual/
same gender loving/etc. -- mobilize and take action? ...
We have to start a national public discourse among ourselves
about this new AIDS reality É Most importantly; we
must increase our visibility and demand our rightful places
in our communities. There is a role for all parties to play
-- government, the larger black community, the white LGBT
community, our society as a whole -- but we must be willing
to hold ourselves accountable and responsible for our own
survival. How can Black gay and bisexual or same gender loving
men ask others to respond if we continue to be so complacent
in the face of our own genocide?"
(In addition to Wilson, the SoCal-area signatories include:
director/producer Paris Barclay, Alan Bell, Ron Buckmire,
Dr. Thomas Brown, Leonardo Colemon, MA, TV host Herndon Davis,
Dennis Holmes, MD, Jeffrey King (In the Mean Time), The Honorable
Ron Oden (Mayor of Palms Springs), Patrik-Ian Polk (Executive
Producer/Creator, Noah's Arc TV series) Kenneth R. Reynolds,
and Ken Riley, MD, MPH of Ebony Pride, San Diego). For more
information, visit www.blackaids.org. --
Karen Ocamb
Gay Bishop Sees Breakup in Worldwide Anglican
Church
New Hampshire Bishop V. Gene Robinson, the first openly
gay bishop in the Episcopal Church, is no longer optimistic
about the future of the worldwide Anglican Communion, of
which the Episcopal Church is a part. Robinson spent the
first year and a half since he was elected as bishop feeling
confident that the Anglican Communion would find a way to
get over their fury over his election. But at a meeting with
American bishops in Los Angeles six months ago, he saw the
tides change and a division looming on the horizon, he told
the Associated Press.
Robinson wanted to discuss reconciliation at the meeting
but was immediately shot down by several of his colleagues. "I
said, 'I'm here to talk about how we can live together.'
And three or four of them said, 'I'm not here for reconciliation.
I'm here to divvy up the property from this divorce,'" Robinson
told the AP. Three Southern California Episcopal churches
have severed ties with the Diocese of Los Angeles over the
issue of same-sex unions but want to retain church property.
Meanwhile, another sign of a possible split came when Nigerian
Archbishop Peter Akinola changed the Nigerian church's constitution
by deleting language tying it to the Church of England and
adding language calling for communion with churches that "hold
and maintain the historic faith."
DeLay Out as House Majority Leader
The news was stunning. On Sept.28 Tom "the Hammer" DeLay,
the powerful majority leader of the U.S. House of Representatives,
was forced by House rules to step aside after a Texas grand
jury indicted him for conspiring to violate state election
laws. DeLay immediately proclaimed his innocence and blasted
the local district attorney as a "partisan fanatic."
Speaker Dennis Hastert picked Missouri Bible Belt Republican
Roy Blunt, the House majority whip, to temporarily succeed
Delay, with assistance from California's David Dreier, chair
of the Rules Committee.
For about two hours after the DeLay indictment was made
public, it appeared that Hastert would appoint Dreier, an
amiable, telegenic conservative friend of Gov. Arnold Schwarzenegger,
as DeLay's replacement. But the assignment was hastily pulled,
with speculation now rampant among pundits and bloggers as
to the reason why. Some say that Blunt organized his right-wing
conservative followers to bombard Hastert and GOP leaders
with phone calls complaining that Dreier was too soft on
social conservative issues such as stem cell research, abortion
rights, immigration, and he opposed an amendment to the U.S.
Constitutional to ban same sex marriages. Several gay bloggers
said Dreier was pulled because he was outed as possibly being
gay by the L.A. Weekly last year and grassroots activists
would not tolerate such a promotion.
Whatever the reason, both Democrats and Republicans are
now speculating if DeLay's fall, coupled with Senate Majority
Leader Bill Frist's troubles with the Securities and Exchange
Commission, the war in Iraq, the slow response to Hurricane
Katrina, and the economic deficit might signal the end of
GOP domination of Congress. -- Karen
Ocamb
Same-Sex Marriage Activity in Oregon, Florida,
Massachusetts, Arizona
In Oregon, both pro and anti-gay marriage supporters appeared
before Marion County Circuit Judge Joseph Guimond on Sept.
26 regarding a lawsuit challenging Measure 36, a state constitutional
amendment passed last November stating that the only valid
marriage recognized by state or local governments in Oregon
is one between a man and a woman. Basic Rights Oregon claims
the measure makes several different constitutional changes,
affecting provisions on equal protection, religious freedom
and local governments' home-rule powers and thus, should
have been voted on as separate amendments. The Oregon Constitution
includes a multiple-amendment restriction and recently, the
state Supreme Court has used the restriction as a way to
overturn voter-passed initiatives.
In Florida, legal action is being taken against a proposed
measure on the 2006 ballot blocking recognition of same-sex
marriage as well as permanently blocking civil union protections
and threatening existing domestic-partnership protections.
The challenge came from the Fairness for All Families Campaign
and the brief was filed by the American Civil Liberties Union,
Equality Florida, and the National Center for Lesbian Rights.
As in the case with Oregon, the brief states that the initiative
is unconstitutional because it asks people to vote on more
than one issue. The measure would ask voters to decide on
allowing same-sex couples to marry as well as allowing same-sex
couples to form civil unions or some other type of legal
recognition. Recent polls show that while the majority of
Florida residents oppose gay marriage, the majority favors
civil unions or other legal protection for same-sex pairs.
In Massachusetts, a recent State House News opinion poll
of 400 residents regarding a proposed measure to be included
on the 2008 ballot banning gay marriage, showed a surprising
51.9 percent saying that they would oppose such an anti-gay
measure. Nearly 43 percent said that they would support the
ban. Anti-gay marriage supporters must gather 65,825 signatures
statewide within 60 days in order to keep the measure alive
until the 2008 ballot. Gerry Chervinsky, a State House News
pollster, warns that the anti-gay marriage campaign signature
drive will spark a highly volatile and emotional battle between
the right and left wing groups for the next three years.
In Arizona, a poll taken by KAET-TV/Channel 8 and the Walter
Cronkite School of Journalism and Mass Communication at Arizona
State University Sept. 22-25 indicates the proposed Protect
Marriage Arizona initiative is in trouble. In a statewide
telephone poll of 390 registered voters, 33 percent said
they would vote for the initiative, but a whopping 60 percent
said they would vote against it; 7 percent were undecided.
Pollsters suggest that one reason for the response is because
the initiative would ban any legal recognition of unmarried
couples.
National Black LGBT Summit Draws and Trains
Leaders
The National Black Justice Coalition (NBJC), the nation's
only black LGBT civil rights group, held its first national
summit of black LGBT leaders Sept. 21-24 in Washington, D.C.,
during Congressional Black Caucus Week.
The ultimate goal of the summit was to develop a national
network "to educate our communities about the negative
impact of anti-gay ballot initiatives and the economic and
health challenges facing black LGBT Americans. The goal was
to allow our black leaders from around the country to come
together to strategize, educate, and empower each other." To
that end, the attendees participated in skills building workshops,
public, and political policy discussions, a seminar on how
to respond to the nation's 65,000 and 25 million-member black
churches, and sessions to strategize about the community's
future. NBJC is also helping coordinate National Black LGBT
Rally and participation in the Oct. 15 Millions More Movement
March.
Subsequent to the summit, former presidential candidate
Rev. Al Sharpton announced his intention to help stamp out
homophobia in the black community after announcing his sister
is a lesbian.
Interestingly, the summit follows the release of a Williams
Project report, Black Same-Sex Couples in California: Data
from Census 2000. The study, similar to one released by NBJC
last December, shows that over 9,500 black men and women
in California identified themselves as living with a same-sex
partner and that more than half of California's black same-sex
couples are raising children.
In the summit's aftermath, this reporter and author Keith
Boykin launched a national online campaign geared to expose
the hypocrisy of homophobic mega-church black ministers for
one week. Profiles included Los Angeles' Bishop Noel Jones
of City of Refuge and Bishop Charles Blake of West Angelus
Church of God in Christ. -- Jasmyne
Cannick
Roberts Confirmed as Chief Justice
On Sept. 29, 50-year-old conservative Appellate Court Judge
John Roberts Jr. was confirmed as the 17th chief justice
of the United States. The Senate voted 78-22, with all of
the Republicans and about half the Democrats voting to confirm,
according to the Associated Press. President Bush immediately
swore in Roberts so he would be seated before the new session
started on Oct. 3. Attention now turns to White House counsel
Harriet Miers, nominated to succeed retiring moderate Justice
Sandra Day O'Connor.
"We firmly believe that a clear commitment to fairness
and equality for all Americans is one important qualification
for a lifetime appointment to the Supreme Court, and we are
disappointed that John Roberts was confirmed as chief justice
without being required to demonstrate that he has that commitment," Lambda
Legal Executive Director Kevin Cathcart said in a statement. "Nonetheless,
looking to the future, we sincerely hope that lesbians, gay
men, bisexuals, transgender people, and people with HIV will
have a fair hearing before the court that he now leads. What
was remarkable about the Roberts hearing was how prominently
LGBT civil rights questions figured into the proceedings
overall -- it was unprecedented and it sets a great standard
looking forward to the next nominee."
Eleanor D. Acheson, director of public policy and government
affairs for the National Gay & Lesbian Task Force, called
the confirmation without a full review of materials and "meaningful
answers" about Roberts' views "beyond disappointing
-- it is outrageous É Now is the time for the Senate
to do its duty by insisting on all relevant documents and
full answers to questions. To do anything less -- to have
a repeat of the Roberts charade -- would be a total sell-out
of the American people."
- Karen Ocamb
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