Black Man Perceived To Be Gay Barred From Donating Blood

Aaron Pace, a self-described effeminate straight man, was prevented from
donating blood due to his perceived sexual orientation

I have previously blogged abuut the ban on gay people from donating blood in the United States and have expressed my opinion that the ban should be lifted. The alleged rationale by the Food and Drug Administration is that a man who has had sex with another man even once since 1979 has blood which is riskier than other people's despite the fact all blood that is donated is tested by the American Red Cross for the presence of HIV antibodies and other STDs.

Now a heterosexual man named Aaron Pace, who happens to be Black and describes himself as "effeminate," has been prevented from donating blood in Gary, Indiana.

The story was first published in the Chicago Sun-Times:

“I was humiliated and embarrassed,” said Pace, 22. of Gary. “It’s not right that homeless people can give blood but homosexuals can’t. And I’m not even a homosexual.”

Pace visited Bio-Blood Components Inc. in Gary, which pays for blood and plasma donations, up to $40 a visit. But during the interview screening process, Pace said he was told he could not be a blood donor there because he “appears to be a homosexual.”

No one at Bio-Blood returned calls seeking comment, but donation centers like it, and even the American Red Cross, are still citing a nearly 30-year-old federal policy to turn away gay men from donating.

The Food and Drug Administration policy, implemented in 1983, states that men who have had sex — even once — with another man (since 1977) are not allowed to donate blood.

The policy was sparked by concerns that HIV, the virus that causes AIDS, was tainting the blood supply. And, back then, screening tests to identify HIV-positive blood had not yet been developed.

Today, all donated blood is tested for HIV, as well as for hepatitis B and C, syphilis and other infectious diseases, before it can be released to hospitals. This is why gay activists, blood centers including the American Red Cross, and even some lawmakers now claim the lifetime ban is “medically and scientifically unwarranted.”

I should repeat what the Los Angeles Times said last year in an editorial that "there were 4 known cases of HIV transmission out of 122 million units of blood donated between 1999 and 2007." Is that infinitesimal risk worth the discrimination against all gay men in the light of a nationwide blood shortage?

I wonder if Marcus Bachmann would be allowed to give blood at Bio-Blood?

MAP: Sexual Orientation & Gender Identity Discrimination in U.S.

This map is what the state of play in sexual orientation and gender identity discrimination in employment looks like in the various states as of March 2011. There are 29 states that have no protections for LGBT people in employment in any way (so your boss can say, "I'm firing you because you're a fag!") and you have no recourse what so ever.

As of July 6th, there are now 15 states which ban discrimination on the basis of gender identity, and there are 21 which ban employment discrimination on the basis of sexual orientation or gender identity (all the states which ban gender identity discrimination also ban sexual orientation discrimination). The six states which do not overlap are: New York, Wisconsin, New Hampshire, Massachusetts, Maryland and Delaware. (One should note that 3 of these 6 states have already enacted marriage equality!) Wisconsin is  ahead scratcher because they passed sexual orientation non-discrimination way back in 1982, the first state in the country to do so. There was gender identity nondiscrimination legislation pending  in New York and Maryland which died when those legislative sessions ended this Spring.

The Employment Non-Discrimination Act (ENDA) would prohibit employment discrimination nationwide on the basis of sexual orientation or gender identity. Significantly, A version of ENDA (without gender identity protection, thus some people called it "SplENDA") passed the U.S. House under Democratic control in 2007 but failed to be brought up for a vote in the 2009-2001 111th Congress. With Republicans in majority control of the U.S. House it is very doubtful that ENDA will pass that body in the 2011-2013 112th Congress.

CA Legislature Passes LGBT Education Bill

Equality California
FOR IMMEDIATE RELEASE
July 5, 2011

CONTACT: Jorge Amaro, Equality California
PHONE: 562-964-3591 EMAIL: jorge@eqca.org

CONTACT: Jill Marcellus, Gay-Straight Alliance Network
PHONE 516-313-9659 EMAIL: jill@gsanetwork.org
 
State Assembly Passes Landmark LGBT Education Bill

Legislation sponsored by Equality California and Gay-Straight Alliance Network aims to end LGBT history exclusion in education and to promote school safety

Sacramento -- Today, the California State Assembly in a 49-25 vote passed a bill that would require schools to fairly and accurately portray the lesbian, gay, bisexual and transgender (LGBT) civil rights movement and the historic contributions of the diverse LGBT community in social science instruction. The Fair, Accurate, Inclusive, and Respectful (FAIR) Education Act (SB 48), authored by Senator Mark Leno (D-San Francisco), would also add sexual orientation and gender identity to the state's existing anti-discrimination protections that prohibit bias in school activities, instruction and instructional materials.

Studies have shown that inclusion of LGBT people in instructional materials is linked to greater student safety and lower rates of bullying. The bill is co-sponsored by Equality California and Gay-Straight Alliance Network. 

"The struggle of the multicultural and multiethnic LGBT community in California is one of the greatest stories yet to be told," said Equality California Executive Director Roland Palencia. "The FAIR Education Act will ensure that public schools acknowledge the heroism of individuals and communities who in spite of countless barriers continuously overcome adversity."

Palencia added, "For decades, LGBT leaders have worked tirelessly to improve the quality of life for all Californians. LGBT leaders were heavily involved in the Civil Rights Movement of the 1960s, the farm workers' movement, the women's movement, and have built health and human services institutions that now serve millions of Californians. It is time for history to accurately depict our community's contributions."

The FAIR Education Act would bring classroom instruction into alignment with existing non-discrimination laws in California and would add the LGBT community to the existing list of underrepresented cultural and ethnic groups, which are covered by current law related to inclusion in textbooks and other instructional materials in schools. By including fair and accurate information about the rich and diverse history of LGBT people in instructional materials, SB 48 will enrich the learning experiences of all students and promote an atmosphere of safety and respect in California schools.

"This is a victory not only for the LGBT youth in California who have been fighting to be heard in Sacramento and represented in their history classes, but also for all California youth who deserve to learn a fair and accurate account of California and US history," said Carolyn Laub, Executive Director of Gay-Straight Alliance Network. "By passing the FAIR Education Act, the Assembly has taken an unprecedented step to reduce bullying, increase safety for all students, and teach students to respect each other's differences."

"We are selectively censoring history when we exclude LGBT Americans, or any other group of people, from our textbooks and instructional materials," said Senator Mark Leno (D-San Francisco). "We can't tell our youth that it's OK to be yourself and expect them to treat their peers with dignity and respect when we deliberately deny them accurate information about the historical contributions of Americans who happened to be LGBT."

The bill now heads to the Governor's desk.

Equality California (EQCA) is the largest statewide lesbian, gay, bisexual, and transgender rights advocacy organization in California. Over the past decade, Equality California has strategically moved California from a state with extremely limited legal protections for LGBT individuals to a state with some of the most comprehensive civil rights protections in the nation. Equality California has passed more than 70 pieces of legislation and continues to advance equality through legislative advocacy, electoral work, public education and community empowerment.www.eqca.org

Gay-Straight Alliance Network (GSA Network) is a national youth leadership organization that empowers youth activists to fight homophobia and transphobia in schools by training student leaders and supporting student-led Gay-Straight Alliance clubs throughout the country. In California alone, GSA Network has brought GSA clubs to 56% of public high schools, impacting more than 1.1 million students at 850 schools. GSA Network's youth advocates have played a key role in changing laws and policies that impact youth at the local and state level. GSA Network operates the National Association of GSA Networks, which unites more than 30 statewide networks of GSA clubs throughout the country. GSA Network is also the founder of the Make It Better Project, which aims to stop bullying and prevent suicide. www.gsanetwork.org   

UN Passes Historic Resolution On LGBT Rights

The United Nations has passed a landmark resolution acknowledging that LGBT rights are human rights. The  United Nations Human Rights Council has formally adopted the resolution I blogged about earlier by a vote of 23 in favor, 19 opposed and 3 abstentions (very close!).

The list of which countries voted which way is provied by TransGriot:

The UN resolution passed with 23 countries voting in favor, 19 countries against and 3 countries abstaining

The nations voting YES were: Argentina, Belgium, Brazil, Chile, Cuba, Ecuador, France, Guatemala, Hungary, Japan, Mauritius, Mexico, Norway, Poland, Republic of Korea, Slovakia, Spain, Switzerland, Ukraine, Thailand, UK, USA, Uruguay.

The nations voting NO were:  Angola, Bahrain, Bangladesh, Cameroon, Djibouti, Gabon, Ghana, Jordan, Malaysia, Maldives, Mauritania, Nigeria, Pakistan, Qatar, Moldova, Russian Federation, Saudi Arabia, Senegal, Uganda.

Abstentions: Burkina Faso, China, Zambia

Absent: Kyrgyzstan, Libya (suspended)

The resolution text includes (pdf):

Expressing grave concern at acts of violence and discrimination, in all regions of the world, committed against individuals because of their sexual orientation and gender identity

1.  Requests the High Commissioner to commission a study to be finalised by December 2011, to document discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity, in all regions of the world, and how international human rights law can be used to end violence and related human rights violations based on sexual orientation and gender identity;

2.  Decides to cenvene a panel discussion during the 19th session of the Human Rights Council, informed by the facts contained in the study commissioned by the High Commissioner and to have constructive, informed and transparent dialogue on the issue of discriminatory laws and lractices and acts of violence against individuals based on their sexual orientation and gender identity;

3.  Decides also that the panel will also discuss the appropriate follow-up to the recommendations of the study commissioned by the High Commissioner;

4.  Decides to remain seized of this priority issue.

Note that the United States voted in favor of the resolution, which was sponsored by Brazil and South Africa. Recall that, the next time some idiot tells you it doesn't matter if Obama or a Republican is President.

Nevada Legislature Passes Transgender Rights Bill(s)

The Nevada Legislature has completed work on Assembly Bill 211, a bill to prohibit employment discrimination based on gender identity or gender expression, passing it by votes of 29-13 in the Assembly and 11-10 in the Senate to reach Republican Governor Brian Sandoval's desk.

Additionally, the Nevada Senate had previously passed bills to prohibit discrimination in public accommodations (Senate Bill 331) and housing (Senate Bill 368) on the basis of gender identity or expression. These bills are still pending in the Assembly.

The Senate killed Senate Bill 180, which would have added gender identity or gender expression to the state's hate crimes law, even though the Federal Hate Crimes Law already has provisions which include sexual orientation, gender identity and gender expression.

The National Gay and Lesbian task Force sent out a statement praising the Nevada's legislature's positive legislative actions to protect transgender individuals:

"This is a wonderful victory for the people of Nevada. We commend lawmakers for ensuring that all Nevadans, regardless of gender identity or expression, are protected from discrimination in employment. The startling statistics and personal stories found in our national survey on transgender discrimination show just how critically necessary these protections are. No one should fear being jobless, homeless and going hungry because of discrimination. Without legal protections, transgender people are made particularly vulnerable to bias and abuse. This law will literally save lives. We thank the Progressive Leadership Alliance of Nevada for its hard work leading to this victory and we're proud to be a partner in this effort. We look forward to the governor's signature on this important measure."

The Hawaii Legislature passed and Democratic Governor Neil Abercrombie signed into law a measure prohibiting employment discrimination on the basis of gender identity of gender expression earlier this year.

WATCH: Transgender Victim Of Violent Attack Speaks

Apparently, a white transgender woman was physically attacked by two black female teenagers in a Baltimore-area McDonald's restaurant on Saturday. Joe.My.God has posted cell-phone video of the actual attack, which shows McDonald's employees simply watching and laughing (one of whom has since been fired).

The Baltimore Sun has posted the video above with the victim, Chrissy Lee Polis, and has more details about the incident:

County police confirmed that the attack occurred April 18 in the 6300 block of Kenwood Ave. Police said the 14-year-old girl has been charged as a juvenile, while charges were pending against an 18-year-old woman. Reached Saturday, police officials said the investigation was continuing.

The police report does not provide a motive but quotes one of the suspects saying that the fight was "over using a bathroom."

Polis suffered cuts to her mouth and face, and said she had a seizure. She also acknowledged that she was intoxicated at the time of the assault.

On Saturday she said she continued to suffer from painful bruises.

Polis, who said she had a sex-change operation to become a woman, said this isn't the first time that she's been picked on physically because of her sexual identity. She said she's been subjected to beatings and even sexual assaults.

She said seeing herself all over the Internet and all over the news has been "like walking out of the closet all over again." Polis is concerned that the public attention could trigger more violence — and worries it could hurt her chances of getting a job. "I want to cry, but I need to hold my head up," she said.

Her twin brother, Matty Polis, who also lives in Baltimore, said it's been painful to watch her have to endure these sorts of attacks.

"My sister has gotten this her entire life," Matty Polis said. "Being the way she is, she's always had a hard time."

It's interesting that this incident would happen just a few weeks after the Maryland legislature punted on improving protections for transgender residents, although the legislation being considered would not have included public accommodations protections. Maryland does have a hate-crimes law inclusive of gender identity.

DRAMA! EQMD Head Fired After Major Legislative Setbacks

Morgan Meneses-Sheets

The executive director of Equality Maryland, Morgan Meneses-Sheets, who lead the organization while it suffered two defeats this year at enacting gender identity non-discrimination and full marriage equality has been abruptly fired by the board of directors, it was revealed on Friday.

Metro Weekly's Yusef Najafi has the complete statement from Meneses-Sheets:

It is with a heavy heart that I share that today will be my last day as the Executive Director of Equality Maryland. While it is not my choice to leave, it is my choice to make my voice heard as I exit. 

I've spent the last eighteen months at the helm of EQMD and this time has held some of the most rewarding moments of my career, but it has also been extremely difficult. In particular the past few months have been tough to bear. Not because of the hard work which I welcome and felt honored to be part of, but because of the forces within the organization and external politics that created additional and unnecessary obstacles to our forward movement and success. 

As I move on, I will not focus on the negative or destructive forces that created this untenable situation, instead I will look back at the many proud moments along the way. 

During my first months, Equality Maryland lead the successful efforts to protect the Maryland Motor Vehicle Administration’s policy providing transgender Marylanders the opportunity to update their driver’s license to appropriately reflect their gender. This policy undeniably makes a difference in people’s lives. When you go to a grocery store and pay with a check or buy a glass of wine, you are asked for identification, and to have it match how you present yourself to the world protects you against discrimination and violence. I am proud of this success. 

I am proud that we have built a strong grassroots network throughout the state. I am proud that we identified new supporters, had more young people involved and created a diverse, thriving volunteer program. I am proud of our efforts during the 2010 elections, in particular our work to protect pro-equality Delegate Kris Valderrama and to oust Senator Alex Mooney who had a 0% voting record on LGBT issues. 

I am also extremely proud that together with the staff, our volunteers, our partners and many passionate and dedicated legislative allies that this year we got further than ever before in the goals to amend our state’s anti-discrimination laws to include protections on the basis of gender identity and to enacting full marriage equality. These are what many people call the “civil rights causes of our day” and it has been a privilege to be part of the movement to realize these incredibly important goals. 

I know that many in our community, myself included, were disappointed that we did not get to the finish line, but having done this work for many years I know that progress can take time. We created a strong foundation for future efforts. I look forward to celebrating continued success in Maryland’s fight for equality. 

Looking back, there are things that I could do differently, but lessons I learned I will always have with me. Know that I worked hard and I did my best with the tremendous staff alongside me. Together, we were able to move the organization further legislatively than ever before. 

I am sad that I will not be part of the team advancing critical protections for jobs, housing, credit and public accommodations for transgender Marylanders. I am disappointed that I was not provided the opportunity to continue to build and enhance the efforts to end the exclusion of loving and committed gay and lesbian couples from marriage. 

As a Marylander, as a lesbian, as a parent, as someone with many loved ones who are transgender, and as someone who believes in social justice I sincerely hope that Equality Maryland will succeed in their future endeavors to ensure that our state lives up to the promise of equality for all of its citizens. This will require significant changes, but it is possible. I hope that those who worked hard with my team will continue to be part of these endeavors so that we may also see a better future. 

I am excited to spend more time with my family as I have given up many precious hours with them to wage this battle. I am also excited for the opportunities that lay ahead for me.
I thank those who stood by my side. I am grateful to have met and worked with so many incredible people, many who I will continue to count as friends as I take the next steps in my journey.

I'm sure this will make some trans advocates happy, who were displeased that Equality Maryland agreed to move forward with HB 235, a bill that did not include public accommodations protections, but would have banned discrimination statewide on the basis of gender identity in education, housing and credit.

How Many Americans Are LGBT?

hat/tip to the Wall Street Journal.

ENDA Introduced in US Senate

The Employment Non-Discrimination Act (ENDA) was introduced in the 112th Congress today with lead co-sponsors Jeff Merkley (D-OR), Susan Collins (R-ME), Tom Harkin (D-IA) and Mark Kirk (R-IL).

The National Gay and Lesbian Task Force sent out a press release praising the action:

Statement by Rea Carey, Executive Director
National Gay and Lesbian Task Force

"An overwhelming majority of Americans know it is wrong to deprive their lesbian, gay, bisexual and transgender friends, family and neighbors of the ability to earn a livelihood and provide for their families simply because of who they are. They know our entire country benefits when all people are allowed to contribute their talents and skills free from discrimination. ENDA will simply help ensure everyone is allowed to participate on a level playing field in the workplace, a core value of this nation. Let's get ENDA passed. Our community has provided statistics and shared personal stories; we've seen LGBT workers lose their foothold in a struggling economy, not because of downsizing or poor performance, but solely because of prejudice. Our country can and must do better. We thank Senators Merkley, Kirk, Harkin and Collins for reintroducing this critical legislation, and urge Congress and the administration to work toward its passage."

Hawaii Legislature Passes Transgender Civil Rights Bill

Good news from Hawaii! The legislature has put finishing touches on passing HB 546, a bill to prohibit discrimination in employment based on gender identity or expression, with a vote of 22-2 in the State Senate, following an earlier vote of  42-4 in the State House. Hawaii law already banned discrimination in public accommodations and housing on the basis of gender identity and sexual orientation.

Governor Neil Abercrombie earlier this year signed a civil unions bill into law, and has said he will sign this measue into law, as well, making Hawaii the 13th state to ban employment discrimination based on gender identity, some 20 years after the state banned employment discrimination based on sexual orientation.

MD Gender Identity Bill Killed By 6 Traitorous Democrats

For the second time in a few weeks, a huge priority of the LGBT community has been killed by the Maryland legislature. Previously it was HB 175, the marriage equality bill, and today it was HB 235, the gender identity non-discrimination bill.

From Equality Maryland:

 MARYLAND SENATORS WALK AWAY FROM JUSTICE - SEND GENDER IDENTITY PROTECTIONS BACK TO COMMITTEE 

Equality Maryland thanks supporters for the significant progress made in 2011 and vows to keep up the fight for full protections

Annapolis, Maryland, April 11, 2011 - Today, led by Sen. DeGrange, the Senate referred House Bill 235, the Gender Identity Anti-Discrimination Act, back to the Judicial Proceedings Committee by a vote of 27-20, effectively ending efforts to pass vital protections in housing, employment, and credit for transgender Marylanders.

Senators Kasemeyer (D-12), Klausmeier (D-8), McFadden (D-45), Middleton (D-28), Robey (D-13) and Zirkin (D-11) were expected to support ending discrimination based on gender identity in housing, employment, and credit, but voted instead to recommit the anti-discrimination bill. 

Equality Maryland's Executive Director, Morgan Meneses-Sheets:
"Six Senators who committed to support HB 235 took a walk on justice and fairness today and turned their backs on the most vulnerable members of our community.  We are appalled that lawmakers continue to play politics with much needed protections for the transgender community.  

We must not forget all the positive strides we accomplish as a community this year overcoming significant hurdles, including getting this legislation out of the Senate Rules Committee.  Supporters of this critical legislation made hundreds of phone calls and sent thousands of emails to their legislators. Countless members of the transgender community shared their very personal stories of discrimination.  We are grateful to them for their courage and to every supporter who made their voice heard on this important bill.

Equality Maryland remains committed to fighting against discrimination and injustice targeting the lesbian, gay, bisexual, and transgender community at every turn.  Progress takes time.  Today's result was not fair or right, but we will keep up the fight to make the Free State truly free." 

###

Equality Maryland is Maryland's largest lesbian, gay, bisexual, and transgender (LGBT) civil rights group, with thousands of members across the entire state. Equality Maryland includes: a 501(c)(4) advocacy organization that lobbies in Annapolis and across the state to create equal protection under the law for LGBT Marylanders and their families; a 501(c)(3) educational foundation that works to eliminate prejudice and discrimination based on sexual orientation and gender identity through outreach, education, research, community organizing, training and coalition building; and Equality Maryland PAC, which exists to influence elections. For more information, visit www.EqualityMaryland.org.

NJ Lawsuit Hinges On Definition Of "Male"

This is an interesting story I discovered via PageOneQ. The New York Times has the deets:

Mr. Devoureau, 39, says he has identified himself as a man all his life. In 2006, after he began taking male hormones and had sex-change surgery, he adopted the name El’Jai (pronounced like L. J.). A new birth certificate issued by the State of Georgia identifies him as male, as does his New Jersey driver’s license, and the Social Security Administration made the change in its records. 

“As long as I’ve been a person, I’ve lived as a man,” he said in an interview. “At age 5, I did everything a boy did: I climbed trees, I played football, I played with trucks. Most of the people in my life, all they know is I’m male.” 

Last June, Urban Treatment Associates in Camden hired Mr. Devoureau as a part-time urine monitor; his job was to make sure that people recovering from addiction did not substitute someone else’s urine for their own during regular drug testing. On his second day, he said, his boss said she had heard he was transgender. 

“I said I was male, and she asked if I had any surgeries,” he said. “I said that was private and I didn’t have to answer, and I was fired.” 

Calls to Urban Treatment were not returned. But after Mr. Devoureau made a complaint to the state’s Division on Civil Rights, the treatment center filed a response in January saying that Mr. Devoureau’s dismissal “was not motivated by, nor related in any way to, any discriminatory intention.” 

Civil rights laws and court decisions allow limited cases of favoring one group over another, like giving preference to women for jobs as nurses in maternity wards. In its January filing, Urban Treatment said that firing Mr. Devoureau was legitimate, “since the sex of the employee engaged in that particular job position is a bona fide occupational qualification” — implying that Mr. Devoureau was not really a man. 

Mr. Devoureau’s suit, filed in Superior Court in Camden, is not the first job discrimination case brought by a transgender person, though those remain rare. But Michael D. Silverman, executive director of the Transgender Legal Defense and Education Fund, said it was the first employment case in the country to take on the question of a transgender person’s sex.

The question of what defines male and female is not as simple as "what you see in the mirror when you stand in front of it nude." Scientifically (and legally) there are at least 8 different characteristics which comprise "sex." It will be interesting if this lawsuit forwards this notion in the legal sphere.

Note that there are only 12 states which ban employment discrimination on the basis of gender identity. The Maryland legislature just failed to enact HB 235 which would have banned gender identity discrimination in employment, housing and credit (but not public accommodations).

Response to Jerome Robinson's Letter to the LA TIMES

In the Los Angeles Times a few days ago I came across this letter to the editor which was published:

Lessons on gays' contributions 

Re "A fight over gays in textbooks," April 2 

I am a black male Democrat. I believe homosexuals are born as such because of factors beyond their control. So I don't view homosexuals as wrongdoers who chose to be different. 

That said, I disagree with gay rights activists supporting legislation to require teaching on the contributions of homosexuals in our society, extending recognition to gays that has been historically given to racial minorities. The experiences of homosexuals simply aren't extensions of those of racial minorities. There's no comparison between race and sexuality. 

I'm sick and tired of gay rights activists and radical liberals attempting to hijack the struggles of racial minorities to advance their agenda. It's insulting to me, and I suspect the vast majority of racial minorities feel the same.
Jerome RobinsonLos Angeles

Where to begin with a response? First, I, too am a "black male Democrat." So the first point to note is that clearly all Black male Democrats do not share the same views. Just as the views expressed in the published letter merely reflect one Black male Democrat, so do my published views here.

I'm glad that Mr. Robinson doesn't "view homosexuals as wrongdoers who chose to be different" so at least we know he's not  some ignorant, raving homophobe. That said, he clearly is lacking in information when he says that requiring teaching the contributions of homosexuals to society is "extending recognition to gays that has been historically given to racial minorities." The presumption here is that requiring teaching of certain groups has been restricted to racial minorities, which is clearly false. The contributions of women and other previously neglected groups has been a basic tenet of curricular reform for decades. Including LGBT people is just the next step.

But it is these next two sentences that set my hair on fire: "There's no comparison between race and sexuality." and "I'm sick and tired of gay rights activists and radical liberals attempting to hijack the struggles of racial minorities to advance their agenda."

There's no comparison between race and "sexuality"? (I presume he means sexual orientation.) What about the fact that until 1967 there were laws on the books preventing people from marrying because of the race of the participants? And there are currently laws on the books preventing people from marrying because of the SEX and SEXUAL ORIENTATION of the participants.

Race is a theoretical aspect of identity which has been reified by society, i.e. it is a social construction. Is there any doubt that sexual orientation is also a social construct? What does it even MEAN to be gay? One could define it using sexual attraction, sexual activity, self-identification. But the difficulty in defining either race or sexual orientation does not make their impact on the actual lives of individuals any less real. It is absolute nonsense to say "there's no comparison between race and sexuality."

"I'm sick and tired of gay rights activists and radical liberals attempting to hijack the struggles of racial minorities to advance their agenda." This is such an old canard I don't know where to begin. My usual response is to quote Dan Savage and say that all LGBT activists acknowledge The Civil Rights Movement of the 60s to end racial segregation, but that the movement for full LGBT equality is also a civil rights movement. See the difference? My friend Craig Konnoth, has written an award-winning article entitled "Created in its image: the race analogy, gay identity, and gay litigation in the 1950s-1970s" which eloquently and brilliantly illuminates how much all other civil rights movements (for women's rights, gay rights, etc) that were contemporaneous with the Black Civil Rights Movement were influenced and impacted by the historical precedents set by racial minorities. This should not be a surprise! This is not about hijacking another groups struggles in order to advance another agenda, and by choosing an oppositional frame between racial minorities and other groups one assumes that there is no overlap, which is FALSE.

I'm still trying to decide whether I should formally write a response to Mr. Robinson's letter to the editor and send it to the Times. What do you think, dear readers?

Delaware Senate Passes Civil Unions Bill!

Delaware took a big step today in favor of LGBT equality when the State Senate approved SB 30, a bill which would allow same-sex couples to enter into civil unions which have all the right, responsibilities and rewards that the state can provide to married couples.

According to the Washington Blade, the bill passed by a vote of 13-6

The approval came after the Senate defeated two hostile amendments, including one that would have forced a state referendum on the issue. The second amendment called for expanding the measure to include opposite-sex couples. It was defeated 12-2. 

The bill now goes to the state House where a vote is expected on Wednesday, April 13. Supporters are optimistic because the House is thought to be more supportive of the bill than the Senate.

This is surprising progress in Delaware, since it was a mere two years ago that Delaware passed an LGB rights bill banning discrimination on the basis of sexual orientation in housing, employment, education and public accommodations. Delaware still does not have a bill banning discrimination on the basis of gender identity.

White House Issues Statement on U.N. LGBT Actions

FACT SHEET

Joint Statement on the Rights of LGBT Persons at the Human Rights Council 

At the United Nations Human Rights Council in Geneva 85 countries joined a Joint Statement entitled “Ending Acts of Violence and Related Human Rights Violations Based On Sexual Orientation and Gender Identity.”  This follows previous statements on the human rights of lesbian, gay, bisexual, and transgender persons issued at the United Nations, including a 2006 statement by 54 countries at the Human Rights Council, and a 2008 statement that has garnered 67 countries’ support at the General Assembly.  The United States is amongst the signatory states to both previous efforts.  The United States co-chaired the core group of countries that have worked to submit this statement, along with Colombia and Slovenia.

Key facts about the new statement:

·         A core group of over 30 countries engaged in discussions and sought signatures from other UN member states for the statement.  In many places, United States diplomats joined diplomats from other states for these conversations.

·         This statement adds new references not seen in previous LGBT statements at the UN, including:  welcoming attention to LGBT issues as a part of the Universal Periodic Review process, noting the increased attention to LGBT issues in regional human rights fora, encouraging the Office of the High Commissioner for Human Rights to continue addressing LGBT issues, and calls for states to end criminal sanctions based on LGBT status.

·         20 countries joined this statement that were neither signatory to the 2006 or 2008 statements.

·         The statement garnered support from every region of the world, including 21 signatories from the Western Hemisphere, 43 from Europe, 5 from Africa, and 16 from the Asia/Pacific region.

The full list of signatories and text of the statement follows:

Joint statement on ending acts of violence and related human rights violations based on sexual orientation & gender identity

Delivered by Colombia on behalf of: Albania, Andorra, Argentina, Armenia, Australia, Austria, Belgium, Bolivia, Bosnia, Brazil, Bulgaria, Canada, the Central African Republic, Chile, Costa Rica, Croatia, Cuba, Cyprus, the Czech Republic, Denmark, Dominica, Dominican Republic, Ecuador, El Salvador, Estonia, Fiji, Finland, France, Georgia, Germany, Greece, Guatemala,  Honduras, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Lichtenstein, Lithuania, Luxembourg, the former-Yugoslav Republic of Macedonia, Malta, the Marshall Islands, Mexico, Micronesia, Monaco, Mongolia, Montenegro, Nauru, Nepal, Netherlands, New Zealand, Nicaragua, Norway, Palau, Panama, Paraguay, Poland, Portugal, Romania, Rwanda, Samoa, San Marino, Serbia, Seychelles, Sierra Leone, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Thailand, Timor-Leste, Tuvalu, the United States of America, the United Kingdom of Great Britain and Northern Ireland, Ukraine, Uruguay, Vanuatu, and Venezuela

1.      We recall the previous joint statement on human rights, sexual orientation and gender identity, presented at the Human Rights Council in 2006;

2.      We express concern at continued evidence in every region of acts of violence and related human rights violations based on sexual orientation and gender identity brought to the Council’s attention by Special Procedures since that time, including killings, rape, torture and criminal sanctions;

3.      We recall the joint statement in the General Assembly on December 18, 2008 on human rights, sexual orientation and gender identity, supported by States from all five regional groups, and encourage States to consider joining the statement;

4.      We commend the attention paid to these issues by international human rights mechanisms including relevant Special Procedures and treaty bodies and welcome continued attention to human rights issues related to sexual orientation and gender identity within the context of the Universal Periodic Review. As the United Nations Secretary General reminded us in his address to this Council at its Special Sitting of 25 January 2011, the Universal Declaration guarantees all human beings their basic rights without exception, and when individuals are attacked, abused or imprisoned because of their sexual orientation or gender identity, the international community has an obligation to respond;

5.      We welcome the positive developments on these issues in every region in recent years, such as the resolutions on human rights, sexual orientation and gender identity adopted by consensus in each of the past three years by the General Assembly of the Organization of American States, the initiative of the Asia-Pacific Forum on National Human Rights Institutions to integrate these issues within the work of national human rights institutions in the region, the recommendations of the Committee of Ministers of the Council of Europe, the increasing attention being paid to these issues by the African Commission on Human and People’s Rights, and the many positive legislative and policy initiatives adopted by States at the national level in diverse regions;

6.      We note that the Human Rights Council must also play its part in accordance with its mandate to “promote universal respect for the protection of all human rights and fundamental freedoms for all, without discrimination of any kind, and in a fair and equal manner” (GA 60/251, OP 2);

7.      We acknowledge that these are sensitive issues for many, including in our own societies. We affirm the importance of respectful dialogue, and trust that there is common ground in our shared recognition that no-one should face stigmatisation, violence or abuse on any ground.  In dealing with sensitive issues, the Council must be guided by the principles of universality and non-discrimination;

8.      We encourage the Office of the High Commissioner for Human Rights to continue to address human rights violations based on sexual orientation and gender identity and to explore opportunities for outreach and constructive dialogue to enhance understanding and awareness of these issues within a human rights framework;

9.      We recognise our broader responsibility to end human rights violations against all those who are marginalised and take this opportunity to renew our commitment to addressing discrimination in all its forms;

10.  We call on States to take steps to end acts of violence, criminal sanctions and related human rights violations committed against individuals because of their sexual orientation or gender identity, encourage Special Procedures, treaty bodies and other stakeholders to continue to integrate these issues within their relevant mandates, and urge the Council to address these important human rights issues. 

# # #

LGBT Rights Debated at United Nations

The following joint statement has been circulated about the debate at the United Nations today about the inclusion of sexual orientation and gender identity (SOGI) in the broader international human rights framework.

HUMAN RIGHTS COUNCIL, 16th Session
22 March, 2010

NGO JOINT STATEMENT ON SEXUAL ORIENTATION,
GENDER IDENTITY & HUMAN RIGHTS

Canadian HIV/AIDS Legal Network; International Service for Human Rights, Human Rights Watch, COC Netherlands, International Commission of Jurists, Lesbian and Gay Federation in Germany LSVD, International Gay and Lesbian Human Rights Commission, The Swedish Federation for Lesbian, Gay, Bisexual and Transgender Rights – RFSL, Solidaritas Perempuan (Women's Solidarity for Human Right),  Human Rights First, ILGA-Europe (European Region of the International Lesbian and Gay Association), Shirkat Gah- Women's Resource Centre, Center for Women's Global Leadership, Human Rights Council of Australia, Corporacion Humanas, LBL Denmark, International Rehabilitation Council for Torture Victims (IRCT), Association for Women's Rights in Development (AWID), International Women's Rights Action Watch Asia Pacific, Commonwealth Human Rights Initiative, OMCT.

Madame Vice-President, I am pleased to speak to issues of sexual orientation, gender identity and human rights, on behalf of 119 NGOs (21 ECOSOC-accredited) from over 60 countries (see attached list), and more than 300+ participants from 23 countries who endorsed the Joint Statement during the Asia Pacific Outgames Conference last week.

We welcome the statement on violence and related human rights violations based on sexual orientation and gender identity, delivered by Colombia on behalf of a broad grouping of 83 States from all UN regions. We also welcome the comments from the delegate from Nigeria, on behalf of the African Group that “laws that criminalize sexual orientation should be expunged.”
 
We commend the large core group of states advancing this initiative and we are particularly encouraged by the measurable increase in cross-regional support for these issues in recent years. It is hard to imagine that any State committed to human rights could disagree with the principle that States have a collective responsibility to end human rights violations against all those who are marginalized.

Numerous Special Procedures and Treaty Bodies have documented or commented on violations based on sexual orientation and gender identity, including use of the death penalty, killings, torture, criminal sanctions, police harassment, rape, beatings, and disappearances.[1]  We urge all Special Procedures, treaty bodies and other stakeholders to continue to integrate these important issues across all of their mandates.

As UN Secretary General Ban Ki Moon stated in this room in January of this year:[2]

“I understand that sexual orientation and gender identity raise sensitive cultural issues. But cultural practice can not justify any violation of human rights...(W)hen our fellow humans are persecuted because of their sexual orientation or gender identity, we must speak out…(H)uman rights are human rights everywhere, for everyone.”

And as High Commissioner stated to the Council during this session:[3]

“We are not trying to create new or special rights. We are simply trying to address the challenges that prevent millions of people from enjoying the same human rights as their fellow human beings just because they happen to be lesbian, gay, bisexual or transgender.”

In closing, Madame Vice-President, we would like to reiterate that the Council cannot simply refuse to address or discuss human rights violations against any individuals, without violating its own mandate, as provided in GA resolution 60/251. We look forward to future dialogue within this Council, with the support of those States which did not yet feel able to join the statement, but which share the concern of the international community at these systemic human rights abuses.

[1] International Commission of Jurists: http://www.icj.org/IMG/UN_references_on_SOGI.pdf.
[2] Remarks by UN Secretary General Ban Ki-moon on 25th January 2011, during a special sitting of the UN Human Rights Council:
http://www.arc-international.net/global-advocacy/generalassembly/un-sg-statement-to-hrc-on-sogi-issues-.htm
[3] Interactive Dialogue with the UN High Commissioner for Human Rights, Navi Pillay, Item 3, 16th session of the HRC.

The Obama Administration strongly supported the statement and inclusion of LGBT rights into the United Nations' purview.

Montana House Passes Anti-LGBT Civil Rights Bill 60-39

Wow. What will the impact of of the 2010 election of hundreds of Republican state legislators on the rights of LGBT people be around the country? Probably a detrimental one.

The State House of Montana just passed the most anti-gay bill in the nation by a vote of 60-39 which would prevent any local entity from enacting local civil rights ordinances which prohibit discrimination on the basis of sexual orientation. (Note, this is a more extreme anti-LGBT public policy position than the state of Utah and the Mormon Church.) There was only one such ordinance in the state, in the college town of Missoula, Montana. And it was only enacted last year!

From The Missoulian ("Bill to nullify Missoula's equality ordinance receives backing in House"):

Missoula's Democratic legislators were infuriated by the passage of House Bill 516, by Rep. Kristin Hansen, R-Havre. Her bill passed 60-39 and faces a final House vote before heading to the Senate.


Sixty Republicans voted for it. All 32 Democrats voted opposed it, joined by seven Republicans. One Republican was absent.


[...]


As sponsor, Hansen said HB516 would prohibit local governments from enacting ordinances or policies that seek to protect residents from real or perceived discrimination based on their sexual orientation or gender as Missoula did through an ordinance and Bozeman through a policy.
She said the Missoula City Council adopted the ordinance and provided an enforcement mechanism that fell outside of that in the Montana Human Rights Act.


"It would apply retroactively to the city of Missoula's ordinance in order to keep all businesses and all entities on a level playing field," Hansen said. "All discrimination claims will have to go through the human rights procedures as designated by the Montana Human Rights (Commission)."


[...]


"Our community is filled with possibly the biggest gay and lesbian population in the state," said Rep. Ellie Hill, D-Missoula. "We are a community with the University of Montana. We have a lot of young people. We passed this ordinance because we wanted to protect our own citizens, our own people. You don't have to agree with it." 

Sands said she is proud to be part of the lesbian, gay, bisexual and transgender community and told the House: "There are thousands of ‘us' living in Montana. We are your neighbors, your work colleagues, we are part of your families, we sit in the pew next to you at church, and we serve in elective offices with you." 

Along with other LGBT Montanans and their families, Sands said she was claiming her constitutional right to equality and justice under Montana's constitutional provision that says: "The dignity of the human being is inviolable. No person shall be denied the equal protection of the laws." 

"It doesn't say, except for gay people," she said.

The bill  is reminiscent of Colorado's Amendment 2 which was struck down by the United States Supreme Court in Romer v. Evans by a 6-3 vote in 1996. However, that was an anti-gay voter initiative (which overturned local gay rights ordinances in Boulder, Aspen and Denver) while this is a legislatively enacted measure which still needs to go through the upper body and be signed into law by Governor Brian Schweitzer, a Democrat.  The notion that the state is trying to enact a uniform enforcement procedure for discrimination is a transparent fiction. Obviously, the Montana Human Rights Act does NOT include sexual orientation and gender identity and the same Republicans voted to kill a measure which would have added those characteristics. Presumably, Schweitzer will veto the measure if it reaches his desk but has not made a public statement on the measure so far.

MA Gov. Patrick Issues Gender Identity Executive Order

Massachusetts Governor Deval Patrick is a strong ally of
LGBT rights and was re-elected in November 2010

The Democratic Governor of Massachusetts Deval Patrick has issued an executive order banning discrimination in state government based on gender identity or gender expression.

The order expands the state’s current civil rights policy by forbidding state government and its contractors from discriminating on the basis of “gender identity or expression.’’ The state already forbids discrimination based on a host of other characteristics, including race, gender, ethnicity, sexual orientation, disability, and religion. 

Patrick said he signed the order after being asked to do so by advocates. 

“It’s really this point about leading by example,’’ he said following an unrelated event late yesterday. “We have so much talent in this Commonwealth, and it resides in every single corner and in every single community, and we want to make as clear as possible that we welcome that talent and its contributions.’’

The order only covers only the public sector. There is a bill ending before the state legislature which would ban discrimination against transgender individuals in housing, employment, public accommodations and education. Gov. Patrick also supports that legislation.

O, Canada! House of Commons Passes Transgender Rights Bill

The LGBT blogosphere is buzzing with the news that Canada's House of Commons by a vote of 143-135 has narrowly passed a bill banning discrimination on the basis of gender identity or gender expression.

The entire NDP and Bloc Quebecois caucuses and six Conservative members voted in favour of Bill C-389, allowing it to pass with a vote of 143-135 in the House of Commons Wednesday night. Some Liberals voted against the bill while others abstained.

The private member’s bill is now handed to the Senate — where the Conservatives have a majority — where it must pass before becoming law.

In terms of votes, the unelected Senate has historically followed the lead of its elected counterpart. But late last year, members of the upper chamber came under fire when they defied the opinion of majority of the House, and defeated an environmental bill.

The Leader of the Government in the Senate, Marjory LeBreton, said the bill will be treated the same way it was in the House, and “sees no evidence at all” to indicate any party lines will be taken.

The bill, sponsored by NDP MP Bill Siksay, would prohibit discrimination on the basis of gender identity and expression through adding “gender identity” and “gender expression” to the list of prohibited grounds for discrimination in the Canada Human Rights Act, and through adding transgendered and transsexual Canadians as identifiable groups in the Criminal Code’s hate crimes law.

It is very notable that an LGBT-supportive country like Canada, which legalized marriage equality way back in 2005, has only been able to get a bill passed through one house of the legislature banning anti-transgender discrimination in 2011. Here in the United States we are nowhere near to a national legal consensus on marriage equality and we haven't been able to pass a bill banning discrimination on the basis of sexual orientation despite trying since 1973! There are only 12 states which include the T in their LGB anti-discrimination laws.

And it is looking more and more unlikely that Canada's gender identity non-discrimination bill will become law this year:

Critics have dubbed the legislation “the bathroom bill,” claiming it would allow male sexual predators to invade women’s washrooms and change rooms.

[...]

The Conservatives, who have a majority in the Red Chamber, have adopted the tactic of using the Senate to block private-members’ bills passed by the House of Commons that don’t accord with the government’s agenda.

Legislation to force the government to act on climate change was defeated last year, while bills requiring Supreme Court judges to be bilingual, providing tax credits for university graduates who work in certain regions and offering restitution for Italian Canadians interned during the Second World War, lie in limbo.

Since Prime Minister Stephen Harper does not support the transgendered-rights legislation, it will doubtless face similar purgatory when it arrives in the Senate.

And with prospects for a spring election increasing, because opposition parties can’t bring themselves to support the upcoming budget, any legislation that isn’t on the brink of royal assent is likely to perish.

Hopefully if there's a Spring election, there will be a change in Governments from the Conservatives to the Liberals.