By Ramy Eletreby

Gay Community Scrutinizes Alito

The Oct. 31 nomination by President Bush of federal court Judge Samuel A. Alito Jr. to the U.S. Supreme Court raised concern in the LGBT community.

Terje Anderson, executive director of the National Association of People with AIDS, called for rejection of Alito's nomination. In 1986, as deputy assistant attorney general in the Reagan administration, he co-authored an opinion that employers could legally fire people living with AIDS because of a "fear of contagion, whether reasonable or not."

"People living with HIV/AIDS need to know that the court system will protect our right to live free from discrimination," said Anderson.

However, in 1971, when Alito was a senior at Princeton University, he chaired an undergraduate task force that recommended the decriminalization of sodomy, spoke out against the discrimination of gays in hiring, and accused major government forces of invading the privacy of citizens. "This is a hopeful sign that may provide insight into his philosophy," said Human Rights Campaign President Joe Solmonese. "There were very few people standing up for gay Americans 34 years ago, and most who did have evolved even more since." But, he added, "Alito is the far right's choice," having won support from the Family Research Council, among others.

Gay rights attorneys such as Lambda Legal's Legal Director Jon Davidson are concerned by Alito's conservative record as a judge on the Third Circuit Court of Appeals. "Lambda Legal firmly believes that a commitment to equality and fairness for all Americans is a core qualification for a lifetime appointment to the Supreme Court," said Davidson. "Does Judge Alito's judicial philosophy reflect that commitment? That is the central question for us."

Log Cabin Republicans President Patrick Guerriero said that the Senate must "diligently question Judge Alito about where he stands on critical issues to LGBT Americans."

Senate confirmation hearings begin on Jan. 9. -- Karen Ocamb

New Study Shows A Gay Marriage Ban Would Affect Hispanic Couples Most

According to a recent study released by the National Gay and Lesbian Task Force and the National Latino/a Coalition for Justice, Hispanic and Latino Same-Sex Couple Households in the United States: A Report from the 2000 Census, there are about 105,000 same-sex households with at least one Hispanic partner.

Based on the report by Jason Cianciotto, a ban on gay marriage would prove to be more difficult on Hispanic same-sex couples because of the unavailability of numerous marriage benefits. Hispanic same-sex couples are more likely to raise children than white same-sex couples with 66 percent of Hispanic female couples and 58 percent of Hispanic male couples raising at least one child as compared to only 32 percent of white female couples and 19 percent of while male couples. Also, the study showed that 51 percent of Hispanic gay male partners and 38 percent of Hispanic gay female partners are not U.S. citizens as compared to less than 10 percent for both male and female white gay partners. Without the institution of marriage as protection, non-U.S. citizens' immigration status can threaten the stability of Hispanic same-sex households. (www.thetaskforce.org).

Last September, The Williams Project released a similar study for California (www.law.ucla.edu/williamsproj).

Specter Votes for Anti-gay Federal Marriage Amendment

On Nov. 9, U.S. Sen. Arlen Specter (R-Pa.) cast the deciding vote to pass the anti-gay Marriage Protection Amendment out of a Senate sub-committee by a party-line vote of 5-4. It now goes to the Senate Judiciary Committee. The proposed amendment to the U.S. Constitution not only bans same-sex marriage but "(p)rohibits the Constitution or any state constitution from being construed to require that marital status or its legal incidents be conferred upon any union other than that of a man and a woman."

Specter, who chairs the Judiciary Committee, said that he opposes the amendment, but believes the full Senate, which is controlled by Republicans, should vote on it. Two of the bill's co-sponsors are possible GOP presidential candidates, Kansas Sen. Sam Brownback, and Majority Leader Sen. Bill Frist of Tennessee. -- Karen Ocamb

CDC Says Syphilis Spike Due to Risky Gay Sex

National syphilis rates rose for the fourth consecutive year in 2004, with the increase largely attributable to rises in risky sexual behavior among men who have sex with men (MSM), according to a new report released by the Centers for Disease Control and Prevention (CDC) on Nov. 8. The CDC report also shows that the 2004 gonorrhea rate was the lowest since reporting began in 1941, while chlamydia rates rose, in large part due to increased screening and reporting.

The CDC reports that 2004 saw an 8 percent increase in national primary and secondary syphilis (P&S), the earliest and most contagious stages of the disease. While CDC surveillance data does not take into account sexual orientation, the 11.9 percent increase among men indicates that MSM are most likely accounting for the overall increase. Separate CDC analysis concludes that 64 percent of P&S syphilis cases in 2004 were found among men who have sex with men, a significant increase from the 5 percent figure in 1999.

In 1999 the CDC launched the National Plan to Eliminate Syphilis. Since then, many demographic groups have shown large drops in infection rate, with a 55 percent decrease among women and a 37 percent decrease among blacks. "The racial gap has narrowed considerably in recent years," said Dr. John Douglas, director of CDC's STD prevention programs, in a Nov. 8 conference call. The same time period, however, has seen an 81 percent spike in rates among men.

Dr. Ronald O. Valdiserri, acting director of CDC's HIV, STD and TB prevention programs, explained that the late 1980s saw a dramatic drop in risky sexual behavior among MSM, due to high-profile AIDS education programs, while recent years have seen increases in high-risk behavior among MSM. Dr. Douglas also pointed out that drug use, particularly crystal methamphetamine use, has exacerbated the transmission of P&S syphilis. "That's clearly been demonstrated on the West Coast," he added, emphasizing that the syphilis spike is more a "regionally discrete disease" appearing in a series of "microepidemics" in urban areas.

"Regular syphilis screening among men who have sex with men remains the most important and effective tool" in reducing infection rates, Dr. Valdiserri emphasized. CDC studies have also found a need for better information and education. For example, while many MSM consider oral sex a low-risk behavior for HIV transmission, "it is a highly effective way that syphilis can be transmitted," Valdiserri explained. -- Christopher Cappiello

Texas Passes Marriage Ban: Maine Upholds Gay Law

By an overwhelming margin of 76 percent, Texas voters approved a constitutional amendment banning same-sex marriage and threatening domestic partnerships, despite having an existing anti-gay marriage statute. Texas becomes the 17th state with constitutional amendments denying marriage to same-sex couples.

"These amendments are part of a long-standing effort by the extreme right to eliminate any legal recognition for gay people and our families," said Human Rights Campaign President Joe Solmonese. "This fight for fairness isn't over and we won't give up."

"Now that the amendment has passed, we will be watching to make sure that it is not used as a weapon against same-sex couples," said Ken Upton, senior attorney with Lambda Legal in Dallas.

In Maine, about 55 percent of voters rejected a religious-right effort to repeal a gay rights law that also protects transgenders. The non-discrimination bill passed with strong bipartisan support last March and was signed into law by Democratic Gov. John Baldacci.

"This is such a much-needed victory for our national community, because we've experienced so many losses," said Matt Foreman, executive director of the National Gay and Lesbian Task Force. "We've got to press forward on nondiscrimination protection and not let marriage continue to swamp the movement."