|
In&Out
Mitchell Katine holding up the edition of Texas Lawyer
announcing that the 21.06 Homosexual Conduct Statute
has been found unconstitutional. “Gay and lesbian
people are no longer considered criminals under the
Texas Penal Code,” he proclaimed on June 8. “Today
is a day for celebration!”
We’re legal!
The appalling Texas Penal Code 21.06 (commonly known
as the homosexual conduct or “sodomy” law)
has finally been struck down, as most have already heard.
“Gay and lesbian people are no longer considered
criminals under the Texas Penal Code,” proclaimed
Mitchell Katine, a local member of the counsel. “Today
is a day for celebration!”
The law was challenged by John Geddes Lawrence and Tyrone
Garner, who had been arrested in September 1998 when
the police discovered the couple having sex in their
apartment. The police were called to the scene by a
roommate who had called in a false report of an armed
robber on the premises.
“There is absolutely no legitimate government interest
in policing the bedrooms of adults simply because those
adults are of the same sex,” said Suzanne Goldberg,
a lawyer with the Lambda Legal Defense and Education
Fund Inc.
Although Texas had had a sodomy law dating back to 1859
banning certain sex acts between all people, it was
Governor Dolph Brisco, in 1973, who signed a new law
into effect that banned these acts only between members
of the same sex. Although 12 states still have sodomy
laws on the books that apply to gay and straight people
alike, only Texas, Oklahoma and Kansas had laws which
only apply to same-sex couples.
The defense argued that the Texas law was unconstitutional
in four different ways: by violating both the Texas
and the U.S. Constitution’s provisions for equal
protection and the right to privacy. The 14th Court
of Appeals only found it necessary to strike down the
law on one of these objections—that it violates
the Texas Constitution’s provision for equal protection.
(Which leaves three legs to stand on, even if this first
is not upheld.)
“The simple fact is, the same behavior is criminal
for some but not for others, based solely on the sex
of the individuals who engage in the behavior,”'
Justice John S. Anderson wrote.
Sodomy laws have been struck down in Tennessee, Georgia,
Louisiana, and Montana based on privacy issues, while
they were repealed in Kentucky and Maryland on arguments
of equal protection.
Opponents have come up with all sorts of convoluted
arguments about why the Texas law doesn’t violate
the equal protection mandate of the Texas Equal Rights
Amendment. They say that women are not excluded under
the law, so it’s okay. Or that if heterosexuals
have sex with someone of their same gender, they will
also be prosecuted, so the law doesn’t favor heterosexuals.
These are so absurd, we won’t waste the space to
point out their ridiculous logic.
However, the final day of celebration has not yet arrived,
because this decision only applies to the jurisdiction
of the 14th Court of Appeals. Harris County D.A. Johnny
Holmes has said he’ll appeal the decision to the
Texas Court of Criminal Appeals. Luckily, two of the
most conservative members of that court are retiring
before the case will come before them. So not only is
there a possibility that the state-side court could
decide to uphold the sodomy law, the GLBT community
in the rest of Texas is still under the cloud of criminality.
But coming to the higher court with the staunch opinion
of the lower court on our side, there is a very good
chance that we will win what should have been the case
all along—that simply by being ourselves, we are
not thereby judged as violating our country’s laws.
As the courageous defendant John Geddes Lawrence said
in an interview with the Houston Chronicle: “At
least this nightmare brought some benefit for all of
us in Texas. I am thankful and relieved that this horrible
experience may finally be over.” —Ann Walton
Sieber
The March Goes On
OutSmart remembers moments of inspiration from
the Millennium March on Washington
Be the change you want to see in the world. — Mahatma
Gandhi
“If you dream of a world in which you can put your
partner’s picture on your desk, then put his picture
on your desk and you will live in such a world. And
if you dream of a world in which you can walk down the
street holding your partner’s hand, then hold her
hand and you will live in such a world. If you dream
of a world in which there are more openly gay elected
officials, then run for office and you will live in
such a world. And if you dream of a world in which you
can take your partner to the office party, even if your
office is the U.S. House of Representatives, then take
her to the party. I do, and now I live in such a world.
Remember, there are two things that keep us oppressed:
them and us. We are half of the equation. There will
not be a magic day when we wake up and it’s now
OK to express ourselves publicly. We must make that
day ourselves, by speaking out publicly—first in
small numbers, then in greater numbers, until it’s
simply the way things are and no one thinks twice. Never
doubt that we will create this world, because, my friends,
we are fortunate to live in a democracy, and in a democracy,
we decide what’s possible.” —U.S. Rep.
Tammy Baldwin, D-Wis., speaking from the stage of the
Millennium March on Washington, April 30, 2000. Photo
by Sara L. Preston
US automakers OK partner benefits
DETROIT—In what is the largest single addition
of benefits for same-sex couples, Detroit’s Big
Three automakers have agreed to extend medical, dental
and prescription drug coverage for the domestic partners
of its registered employees. The agreement by General
Motors, Ford and Daimler-Chrysler covers more than 466,000
workers.
The new benefits package is slated to become available
August 1 and will require that workers meet eligibility
requirements. The new package does not include domestic
partners of opposite-sex couples.
Jeffrey Montgomery, head of the Michigan-based Triangle
Foundation, said, “It is particularly significant
that all three companies, along with the UAW have made
this great commitment. We’re proud that the industry
most closely identified with Detroit and Michigan has
taken such an important and empowering step forward.”
“By taking this step together, the Big Three have
bolstered the traditional American value of equal pay
for equal work, regardless of sexual orientation,”
says Kim I. Mills, HRC’s education director who
oversees WorkNet, the organization’s workplace
project. “Domestic partner benefits are one of
the strongest signals a company can give to demonstrate
that it values its lesbian and gay employees.”
More than 3,400 private and public employers provide
these benefits to their employees, according to the
HRC; since the beginning of this year, an average of
nine employers have announced these benefits each week.
Jesse Jackson tells mayors
to get tested
SEATTLE—Speaking at the U.S. Conference of Mayors
in Seattle, the Rev. Jesse Jackson called on the nation’s
mayors to publicly take HIV tests in an effort to encourage
more people to also get tested. Jackson told the mayors
that taking the tests themselves publicly “will
attract media attention and public education” to
encourage people in their own cities and towns to also
get tested.
Some of the mayors gave Jackson’s proposal a cool
reception, but others, such as Roosevelt Dorn, the mayor
of Inglewood, Calif., said he was “excited”
by Jackson’s call to help fight the epidemic more
actively.
The previous week, Jackson had led 50 black ministers
in Chicago in getting an HIV test, to help overcome
“a certain taboo and even a certain shame [around]
AIDS.”
In conjunction with the highly publicized tests of the
ministers, Balm in Gilead, a national group to involve
black churches in fighting AIDS, will also begin airing
television spots in the Chicago area about involving
churches in the battle against the epidemic.
Nationally, AIDS is the leading cause of death of African-Americans
25 to 44 years of age. In Chicago, two-thirds of all
new AIDS cases in 1998 were among African-Americans.
Gay Pride at CIA/NSA
WASHINGTON, D.C.—The New York Times reports that
some one hundred gay and lesbian employees of the nation’s
top security agencies—the CIA and the National
Security Agency—attended an unprecedented gay pride
observance at the CIA’s Langley, Va., facility.
In addition to the gay and lesbian security employees
attending were CIA Director George Tenet and openly
gay Rep. Barney Frank (D-Mass.).
Frank credited the Clinton administration for the progress
made in the federal government. “The fact that
I would be speaking at Gay and Lesbian Pride Month at
the CIA—yeah, that’s a sign of real progress,”
Frank said. “I think it’s indicative of the
improvement of the atmosphere that Bill Clinton has
ushered in.”
Arrests at Baptist convention
protest
ORLANDO, Fla.—Police arrested 28 demonstrators
from the religious organization Soulforce protesting
at the annual meeting of the Southern Baptist Convention
June 13-14.
Police later released 6 of the protesters on bond, but
the other 22 were kept overnight in jail pending a court
hearing. All were charged with unlawful assembly.
The Rev. Mel White, co-founder of Soulforce, said, “Baptists
have made it clear that sexual and gender minorities
are not welcome in their church. We are committed to
the nonviolent teachings of Jesus, Gandhi and King,
and we are going to bring the truth relentlessly to
churches that condemn or misrepresent us.”
Some 190 people were arrested at a Soulforce protest
earlier in May in Cleveland during the annual gathering
of the United Methodist Church, and the organization
is planning similar demonstrations at annual gatherings
of other denominations this year, including the Presbyterian
Church (Long Beach, Calif.), the Episcopal Church (Denver),
and the Reclaiming American for Christ conference (Fort
Lauderdale, Fla.).
The Baptists adopted a statement during the convention
that only men can be pastors in the church and strengthening
its condemnation of homosexuality. Resolutions also
commended talk show host Laura Schlessinger for her
“courageous stand” against homosexuality and
called on President Clinton to leave the church because
of his support of gay rights issues.
Rev. White said the Baptist church had “become
the enemy of God’s gay children.”
New England Methodists defy
national church
BOSTON—The New England Annual Conference of the
United Methodist Church has issued a “New England
Declaration” to express its full support for completely
welcoming gays and lesbians in the denomination.
The declaration, an openly defiant stand against the
national church’s General Conference earlier this
year, says sex is a gift of God (including homosexuality,
heterosexuality and bisexuality), that loving, monogamous
relationships are expressions of God’s love—including
same-sex relationships—and that people of all sexual
orientations can serve as ordained ministers of the
church.
Openly Transgender Person Elected
to Democratic National Convention
On Sunday, June 4th, members and supporters of the Stonewall
Democratic Farmer-Labor caucus successfully campaigned
at the state Minnesota DFL Party convention to elect
Jane Fee, an openly transgender person, to serve as
a delegate to the Democratic National Convention. Stonewall
DFL supporters joined the DFL Feminist Caucus and a
people of color caucus to elect a diverse group of delegates
to the convention. Fee is the first openly transgender
Minnesotan, and the third nationally, to serve as a
national delegate.
Report: Brazilian Catholic
bishop says condoms should be OK
RIO DE JANEIRO—The Boston Globe reports that at
least one Roman Catholic bishop in Brazil has said some
people should be allowed to use condoms. The paper reported
that Eugenio Rixen, the bishop of Goias, said that some
groups at high-risk of HIV infection—such as homosexuals
and prostitutes—should be allowed to use condoms
with the church’s approval. Bishop Rixen also serves
with the Brazilian Catholic Health Pastoral, which focuses
on health-related issues confronting the church. Brazil
is the largest Roman Catholic nation in the world, but
it also has officially recorded more than 200,000 HIV
infections to date.
In other news from Brazil, the New York Times reports
that the Brazilian government has given de facto legal
recognition to gay and lesbian relationships in pension
inheritance and social security benefits. The new government
regulations, the paper reports, were the result of a
recent court ruling in the country. Under the new rules,
same-sex couples who can demonstrate they have a “stable
union” will be treated the same as a legally married
couple by the National Social Security Institute.
Colorado bars same-sex marriages
DENVER—Colorado has officially barred same-sex
marriages in the state when Gov. Bill Owens signed a
bill into law that defines marriage exclusively as a
union between one man and one woman. The law prohibits
recognizing same-sex marriages, even if legally performed
in other states.
Former Gov. Roy Romer, a Democrat, had twice vetoed
similar bills, and Democrats in the legislature had
also blocked several bills from coming to a vote since
1996.
But with the election of Owens, a Republican, and the
GOP firmly in control of the state legislature, passage
of the law became inevitable, activists said.
Supreme Court family ruling
WASHINGTON, D.C.—In one of the few instances when
far-right anti-gay organizations were in agreement with
gay rights advocates, both sides hailed a U.S. Supreme
Court decision in a legal challenge to a Washington
state law that allows any individual to seek visitation
rights with a child.
In striking down the law, the high court described it
as “breathtakingly broad” and revoked a visitation
order issued under the provisions of the law.
The ACLU agreed with the right-wing Family Research
Council in calling the Supreme Court ruling “a
victory” for parents and families.
Where the groups differed was on their sense of the
impact of the law. Right wing organizations saw the
statute as a potential violation of the rights of families
by non-family members—rights they termed “sacred.”
Liberal and gay rights advocates saw the court ruling
as “a victory for parents and families—including
nontraditional families.”
The court decision was apparently almost as controversial
for the Justices who agreed in a four-member plurality
with a separate two-member concurring opinion. Three
of the Justices dissented.
NY lawmakers OK hate crimes
bill
ALBANY, N.Y.—The New York state Senate has, after
11 years of trying, approved a hate crimes measure that
includes sexual orientation.
An Assembly-Senate conference committee has to work
out a compromise measure to reconcile some differences
between the versions approved by the two houses of the
state legislature, but Gov. George Pataki, a Republican,
quickly issued a statement praising lawmakers for passing
the bill and promised to sign the bill into law.
“Assaulting a man or a woman because they are a
member of a particular ethnic group or religious minority
or because of their sexual orientation is an attack
on all New Yorkers,” Pataki said. “People
who act on hate need to know their punishment will be
swift, severe and just.”
Ithaca NY adds transgender
to hate crimes statutes
ITHACA, N.Y.—The Ithaca, N.Y., Common Council has
unanimously approved a measure making bias-based crimes
against transgendered individuals illegal. According
to activists the move is the first time any city in
the state has included protections for the transgender
community.
Mayor Alan Cohen quickly indicated he would sign the
measure into law.
“We’re proud that Ithaca is again on the forefront
of civil rights in New York,” said Roey Thorpe
of the Empire State Pride Agenda. “This real victory
paves the way to covering transgender persons under
our local non-discrimination law.”
The hate crimes measure makes offenses punishable by
fines of up to $1,000 and jail sentences of up to one
year.
Some parents upset after teacher
tells kids he’s gay
BOSTON—Some Newton, Mass., parents say they’re
upset that David Gaita, a 1st grade teacher at Burr
Elementary, told students in his class that he is gay.
One mother told the Boston Herald that Gaita’s
disclosure “takes away the rights of parents, their
duty to explain to a son or daughter what these things
mean.”
But other parents defended Gaita, saying the teacher
was “not discussing sexuality, he’s discussing
what he’s like as a person.”
According to reports, Gaita told his class he is gay
after a student asked him during a lesson about biographies
if he had a wife.
In a letter to parents Cynthia Bencal, Burr’s principal,
wrote: “The students were asking Mr. Gaita about
his family and who lives with him. One student asked
him if he had a partner. In response to that question,
Mr. Gaita told the students that he was gay, and he
explained the term by saying that if he had a partner,
it would be a man.”
She said when a student asked Gaita if he liked being
gay “he said he was proud of who he was and that
he knew that he was a good person.”
The school district has said it would have been improper
for any teach to discuss intimate details with students,
and Newton Superintendent Jeffrey Young said, “Merely
stating that if one had a partner he would be a man
is not, in my view, tantamount to intimate details.”
|
