Category Archives: queer

a telling moment for the Catholic Church

The poor anti-same-sex-marriage crowd feels “outgunned and underfinanced” in their fight to prevent state recognition of same-sex couples. In New York, for instance, the Catholic Church has been absent from the struggle. Why?

The state’s Roman Catholic bishops have been somewhat distracted, too, having focused their lobbying energies this session on defeating a bill that would extend the statute of limitations for victims of sexual abuse to bring civil claims, and have appeared unprepared for the battle over marriage.NYT 5/20

Yeah, I think that pretty much sums up their values these days.

gay marriage & Equal Protection jurisprudence

Well, I loved the California same-sex marriage decision. Not just because it granted same-sex marriage, and not just because it said that the state needs to use the same term to refer to same-sex and opposite-sex unions, but because it significantly expanded Equal Protection jurisprudence.

For the non-law-geeks out there, federal and state constitutional guarantees of “equal protection” apply only to certain protected classes (“suspect classifications”), and now homosexuality, in California, gets the highest protection. Here’s how it works. When determining whether a law or action violates equal protection, a court will determine whether (a) a fundamental right is being violated, in which case the court will apply “strict scrutiny”; or (b) what classes of people are being treated differently. If the class is race, the court applies “strict scrutiny”, as it does with violations of fundamental rights. Gender gets “intermediate” scrutiny. The lowest level of scrutiny is a “rational basis review”. If the class has not been deemed a “discrete and insular minority” that has routinely and historically suffered discrimination, then the court applies a rational basis review — a much lower standard of review. Basically, a law that discriminates a class of people is okay under rational basis review, so long as the government has any rational basis for the action. Any law that creates multiple classes is subject, by default, to this review. For instance, “taxpayers” and “non-taxpayers”.

Courts have consistently declined to apply any heightened scrutiny to laws that discriminate on the basis of sexual orientation. Instead, they have applied “rational basis review with bite” — finding that some laws that discriminated against homosexuals did not even have a rational basis. For instance, Colorado’s Amendment 2 failed rational basis review. This is nice on the one hand, because it is an affirmative slap at the law, making it plain that really nasty discrimination is irrational. On the other hand, it makes it very hard to strike down such laws, because it doesn’t recognize the “class-ness” of homosexuality — the fact that gay people are treated as a class and routinely discriminated against.

So the California decision is the first to recognize that gay people are treated as a class and routinely discriminated against. Which means that, in California, we have a lot more protection now. And even if the right-wingers who are freaking out manage to define California’s marriage laws to exclude me and Michele, that won’t undo the strict scrutiny holding.

Ha.

The Republican Shuffle

Following hot on the heels (ahem) of Larry Craig, another Republican politician got caught seeking a little bathroom action, leading to more denials and resignations etc. My partner Michele has dubbed this “the Republican shuffle”. (She’s good with naming things. You should see some of her reagent names. <g>)

For the past few weeks I’ve been trying to just jot down sex scandals of hypocrites. They’re coming fast & furious and this is just what I can remember or noted in the past few weeks.

2007 ongoing – the DC Madam Scandal. Madam Deborah Jeane Palfrey clients include:
* David Vitter (Republican Sen. from Louisiana) – dressed in diapers !!!
* Randall Tobias (Republican official; “AIDS czar”; administrator of US Agency for International Development) – resigned April 27, 2007

February:
* Feb. 27: Zachary Daubenmire, son of David Daubenmire (founder of “Pass the Salt Ministries” and “Minutemen United”) convicted of possession of child porn. [
Columbus Dispatch
, Feb. 27, 2007.]

June:
* Gary Aldridge, Baptist minister in Montgomery, Alabama, died of “accidental mechanical asphyxia” — he “was found hogtied and wearing two complete wet suits, including a face mask, diving gloves and slippers, rubberized underwear, and a head mask, according to an autopsy report. Investigators determined that Rev. Gary Aldridge’s death was not caused by foul play and that the 51-year-old pastor of Montgomery’s Thorington Road Baptist Church …” [Dead Reverend’s Rubber Fetish, Smoking Gun]

July:
* Glenn Murphy: Head of Young Republican National Federation; Republican county chairman from Indiana; sexually assaulted another (male) [YR 2007/7/29]
* Tommy Tester, Virginia Southern Baptist minister, caught urinating in front of children at a car wash, with an open bottle of vodka & empty oxycodone bottles in his car. [WBIR 7/31]

August & ongoing:
* Larry Craig – US Senator and Mitt Romney campaign exec caught seeking some glory-hole action.

October:
* Joey DiFatta, running for state office in Louisiana, also caught toe-tapping in a public restroom [nola blog]
* Oral Roberts University president forced to resign – Richard Roberts’ wife Lindsay was accused of having sexual relations w/ a 16yo boy; Richard was accused of mismanaging funds to lead an extravagant lifestyle [NYT 10/18]
* Donald Fleischman, 37yo Republican Chairman of Brown County, Wisconsin, faces criminal charges for fondling a 16yo boy & plying him with beer & pot. [Green Bay Press Gazette]
* Richard Mellon Scaife, right-wing mega-magnate & bankroller of hate politics, has to get a divorce after his wife caught him frolicking with hookers. [pharyngula 10/22]

November:
* Jehovah’s Witnesses settles NINE lawsuits over child sex abuse by multiple J-dub pastors. These were covered up by the J-dub hierarchy. Abusers include: Frederick McLean, a church administrator (“ministerial servant”); James Henderson, a J-dub “elder” and “Presiding Overseer”, whose abuses were known by the church and other elders; Alvin Heard, another member who was “disfellowshipped” from one church but, with full knowledge, admitted to other churches where he molested again; Larry Kelley, a children’s entertainer in Texas; Timothy Silva, who taught “adolescent book studies” at a J-dub congregation in California even after the church knew of his problem; and three others — eight total alleged abusers whose misdeeds were enabled by Jehovah’s Witness official-dom. [msnbc 11/21]

Also in 2007:
* Brand-spanking-new creationist museum: one of the video spokespeople turned out to have been a porn star
* Bob Allen: Republican Florida legislator solicited undercover cop for blow-job

2008:
* In Christian school founder extorts sex from student’s parent – Here we have someone who is unusually ethical compared to many of these people: Instead of trying to extort sex from children, LaVern Jordan, founder and “spiritual backbone” of the Parkway Christian School, simply tried to extort sex from their parents. He told one mom that he wanted to fuck her, and thought for waiving the fee of $300/week that he should get to do that “several times”. He later offered to give her child credit for classes he had failed, again tying it to sex.

I know I missed a lot. But seriously. What is wrong with these people? Lying, hurting other people, hurting themselves — why? Because their morality is founded on irrationality or politics or both, and not on simple, obvious ethical points like do no harm to others, sub-clauses consensuality and honesty.

Christian freaks.

positive about civil unions

In last night’s Democratic candidate debate about The Gays, Clinton explained that she’s not anti-gay marriage: “I prefer to think of it as being very positive about civil unions.”

As Michele (my Massachusetts spouse) said: “If she’s so positive, why doesn’t *she* get one.”

NJ SSM decision

The NJ Supreme Court is releasing its SSM decision today @ 3pm. [available at NJSC website]

Will they help us out but energize the Republicans and lead to queers being blamed if the Dems don’t take the House or Senate? or will they fuck us over leaving everyone, but us, happy?

(And if I’m writing to a general audience comprised mostly of non-queers, should I really use the pronoun “us”? I’m doing it anyway—learn to read as The Other.)

update: A winnah!

Continue reading

gayness

* Alas (a blog) has deemed Father’s Day “queer sex day” for very good reasons.

* Jon Stewart points out the obvious to Bill Bennett’s proffered state rationale for recognizing only male-female marriages:

Divorce doesn’t occur because 50% of marriages end in gayness.

* New York’s highest court (the confusingly named “Court of Appeals”) heard arguments in Hernandez v. Robles on Wed 5/31:

Chief Judge Judith S. Kaye said the court would have to decide the constitutional questions, ”whether we do it frontally or whether we do it in some more subversive way,” like changing language about gender.

To which Terence Kindlon, a lawyer for same-sex couples in Albany, replied, ”Subversive is one of the words I’ve liked all my life, your honor.”

[NYT 6/1oral arguments webcast]

elijah wood not upset by queer fan photo alterations

hollywood.com 9/12

HOLLYWOOD, September 12, 2005

Wood Stunned by Gay Photo ‘Revelations’
By WENN
……………………………………..
Elijah Wood is continually stunned by clever cyber pranksters who try to prove he is gay.

The Lord of the Rings star is often caught out by Web sites with far from subtle names, like www.veryverygay.com, when he’s surfing the Internet, but he’s rarely offended.

And, unlike many stars, he isn’t planning any legal action to stop the pranksters–he simply marvels at their creativity.

He says, “There’s one that’s called elijahwoodisveryverygay (sic), which is actually a personal favorite of mine, it’s absolutely hilarious.

“It’s this kind of joke Web site that maintains that they have proof that I am very very gay in various photographs–photographic evidence (of me) holding hands with a male.”

Even fans of The Lord of the Rings trilogy want the stars of the film to be homosexual. Wood explains, “(They) want to create moments that they didn’t get to see in the film, of these characters in sexual congress.

“I was actually at a film festival once… and this fan came up with a gift… I open the gift in front of all these people that I’m talking to and it happens to be a photo from one of these Web sites of me and Dominic Monaghan making sweet love. If you didn’t know any better, it kinda looks real.

“These people have a lot of time on their hands and my hat’s off (to them) because it’s very good work.”

owning photographs

In the fourth & final entry in Salon.com’s series on ‘ex-gay’ therapy ministries [‘True confessions‘], the writer describes how one ex-ex-gay’s attempt to control photographs of him is thwarted by copyright:

On the front page of the Exodus International Web site is a photograph of several dozen men and women. The allegedly changed homosexuals, or newly minted ex-gays, are beaming at the camera, apparently celebrating their newfound freedom from homosexuality. Standing in the center of the photograph is 29-year-old Shawn O’Donnell, who was enrolled in Exodus programs on and off for 10 years.

Exodus is the umbrella organization, information clearinghouse and referral service for “ex-gay ministries.”

The only problem with the Exodus photo is that O’Donnell is still gay.

Recently, O’Donnell asked Exodus president Alan Chambers to take his photo off the Exodus Web site. But Chambers, O’Donnell says, told him that Exodus owns the picture and it still signifies that people can change. “I said, ‘How can you say that is true when I know there are at least three people in that picture who have not changed?'” Exodus did not return my calls seeking comment about the photo.

This is a common misconception: people think they ‘own’ the photographs taken of them. In fact, no, they may own the prints of the photographs. But the photographer holds (‘owns’) the copyright, as the ‘author’ of the work. This FAQ written for photographers gives an idea of how photographers interpret copyright:

Even if one were to purchase an original portrait that was specially commissioned, the purchaser would only be able to frame and display the work. Unless the parties otherwise agree, the artist owns the copyright and the work cannot be copied or reproduced. Thus, without permission, the subject of the portrait cannot even make a holiday card from the painting.

Thus, some photofinishing labs (like Wal-Mart) have taken to refusing to duplicate photos that look ‘professional’ unless the holder has permission from the photographer. [See 5/30 story in sandiego.com; related commentary & links Ex Cathedra 6/8; Derivative Work 6/17]

Bi Lies

The NYT profiled a new study that claims that bi-identified men really are either attracted exclusively either to men or women. And another new study is reported in The Scotsman about sex differences in the experience of and tolerance for pain.

As a rule I don’t think very highly of research on sex differences; research on sexual orientation is even worse, perhaps rivaled in its awfulness only by research on “race” differences. The methodological problems in any study I look at usually dwarf the value of any results. This one, I have no doubt, has similar problems. I predict that in a hundred years all the “gay science” of the 90s & early 2000s will prove to be as fraught with of-the-times misconceptions and ideas as the science of Havelock Ellis and Freud.

… I was going to babble on about the questions & criticisms I had about the results of this research (at least as reported by the NYT) but — well, I really have other things to do. In the meantime tho I get to be amused by snarky comments that point out hilariously obvious problems with research like this. For instance, Avedon Carol, who commented on the bi-lies study by noting that “every dyke I know says gay male porn is the hot stuff.” Yeah.

Related posts: Bi Lies, Reprised (7/27)

Et tu, Louisiana?

Not content with their shared top-ten ranking in teen births, Louisiana State Rep. A. G. Crowe (R-Slidell) wants Louisiana to join with Oklahoma and Alabama in segregating (or banning) gay books.

Good for you, Rep. Crowe. You tackle those problems that Louisiana is facing (high cancer mortality rates, high teen pregnancy rate, low education rates, high infant mortality rate) by, umm, micro-managing library collections. Let me know how that works out.

good job texas

Texas bans gay foster parents. now, if only they can figure out a way for people to know their own sexuality. [link from misc heathen 4/22]

update: ping analyzed the so-called research on ‘homosexual’ foster parents

and jon stewart’s The Daily Show aired the solution to knowing if you’re gay or not (or dangerously bisexual): Texas has initiated a quiz for prospective foster parents:

Fill in the last lines of this quote:

At first I was afraid; I was __________.

  1. petrified
  2. I don’t know.

same-sex marriage decisions

  • Newfoundland, Canada: lawsuit launched for same-sex marriage [365gay.com 11/5]
  • 2004-11-05: Saskatchewan legalized same-sex marriage, the 7th Canadian province to do so (British Columbia, Ontario, Quebec, Manitoba, Nova Scotia, and the Yukon Territory). Four of the plaintiff couples sought to get married in Saskatchewan and a fifth couple sought recognition of its British Columbian marriage. Oral arguments heard Wed, 11/3. [365gay.com 11/5]
  • 2004-11-04: Oral arguments before Judge Kramer, in the California Superior Court, where the City of San Francisco is challenging Prop. 22 (the “Knight” Initiative) on state Constitutional equal protection grounds. California AG Lockyer defended Prop 22 as did intervenor Alliance Defense Fund.
  • 2004-11-03: Every freakin’ anti-SSM amendment passed.
  • 2004-10-29 Friday: Germany expanded rights for same-sex couples, allowing registered DPs to adopt each other’s children. Germany retained restrictions on non-stepparent adoption. Germany also extended various marriage laws governing the dissolution of marriages to same-sex couples. [365gay.com 10/29]
  • 2004-10-27: Georgia said it won’t consider the validity of its opposite-sex-only marriage amendment until it’s been voted on. [nyt]
  • Louisiana said its recently-passed opposite-sex-only marriage amendment didn’t pass muster, because it had multiple purposes. (Amendments can have only one purpose.) Still looking for a copy of the decision …
  • 2004-Sept: Canadian provinces Manitoba and Nova Scotia ruled for same-sex marriage.
  • California Superior Court, 2004-Sept-8, ruling that California AB 205 did not violate Proposition 22. [decision posted at NCLR] Prop 22, the “Knight Initiative”, statutorily defined marrage in California as between a man and a woman. The court held that domestic partnerships are distinct from marriage.
  • California Supreme Court, 2004-Aug-12, ruling that San Francisco Mayor Gavin Newsom exceeded his authority in permitting city officials to marry same-sex couples, and holding the several thousand marriages legally void. [decision posted at NCLR]

what could be wrong with promising to kill queers?

jimmy swaggart boasts manfully that he would kill a queer who looked at him cross-eyed:

I’ve never seen a man in my life I wanted to marry. [Swaggart laughs; audience laughs and applauds.] And I’m gonna be blunt and plain: if one ever looks at me like that, I’m gonna kill him and tell God he died.” [Audience applauds and laughs.]

(on his Sept. 12, 2004 TV show; excerpted at glaad.org)

i guess anyone manly enough to pay for sex is manly enough to kill a queer for christ.

ten days later, jimmy doesn’t exactly feel bad, but certainly doesn’t think anybody should get their panties in a knot just cause he was havin’ a little fun:

On Wednesday, Swaggart said he has jokingly used the expression “killing someone and telling God he died” thousands of times, about all sorts of people. He said the expression is figurative and not meant to harm.

“It’s a humorous statement that doesn’t mean anything. You can’t lie to God — it’s ridiculous,” Swaggart told The Associated Press. “If it’s an insult, I certainly didn’t think it was, but if they are offended, then I certainly offer an apology.”

msnbc

queers are just too damn sensitive, i guess. what is wrong with us?