More Analysis Of Zombie Anti-Gay Sodomy Laws

Sodomy laws, or state statutes which criminalized sexual contact between people of the same sex were some of the most pernicious aspects of anti-LGBT discriminatory practices that negatively impacted the civil rights of LGBT Americans.

The 2003 Supreme Court decision Lawrence v Texas basically ended the era of legal gay apartheid but there are 18 states which, today, 8 years later, still have sodomy laws on their books.

MadProfessah noted that Mother Jones discussed this curiosity last April and now Equality Matters and other LGBT media outlets are starting to take notice.

Another Gay Rights Win For Obama: DADT Ends 09/20/2011

Today, President Barack Obama, Secretary of Defense Leon Panetta and Joint Chiefs of Staff Admiral Mike Mullen all certified that the lifting of the ban on open service by lesbian, gay or bisexual Americans in the U.S. Armed Forces will not negatively impact national security. The certification was the last step to be taken after DADT repeal legislation passed the Congress last December and was signed into law by the President in front of a crowd of cheering supporters. The military's anti-gay policy will cease to be in effect 60 days after today's certification, or on September 20, 2011.

This is the another huge gay rights win which must be credited to Obama, following his enactment of the federal hate crimes act in 2009, his determination by the federal government that laws affecting sexual orientation must receive heightened scrutiny and thus declaring DOMA to be unconstitutional earlier this year and now the enactment of the repeal of "Don't Ask, Don't Tell."

The main thing left on the gay rights agenda is some forward movement on federal government forcing it's contractors not to discriminate on the basis of sexual orientation or gender identity, since it is unlikely that the Employment Non-Discrimination Act (ENDA) will be passing Congress any time soon.

Statement by the President on Certification of Repeal of Don't Ask, Don't Tell

Today, we have taken the final major step toward ending the discriminatory ‘Don’t Ask, Don’t Tell’ law that undermines our military readiness and violates American principles of fairness and equality.  In accordance with the legislation that I signed into law last December, I have certified and notified Congress that the requirements for repeal have been met.  ‘Don’t Ask, Don’t Tell’ will end, once and for all, in 60 days—on September 20, 2011. 

As Commander in Chief, I have always been confident that our dedicated men and women in uniform would transition to a new policy in an orderly manner that preserves unit cohesion, recruitment, retention and military effectiveness.  Today’s action follows extensive training of our military personnel and certification by Secretary Panetta and Admiral Mullen that our military is ready for repeal.  As of September 20th, service members will no longer be forced to hide who they are in order to serve our country.  Our military will no longer be deprived of the talents and skills of patriotic Americans just because they happen to be gay or lesbian.

I want to commend our civilian and military leadership for moving forward in the careful and deliberate manner that this change requires, especially with our nation at war.  I want to thank all our men and women in uniform, including those who are gay or lesbian, for their professionalism and patriotism during this transition.  Every American can be proud that our extraordinary troops and their families, like earlier generations that have adapted to other changes, will only grow stronger and remain the best fighting force in the world and a reflection of the values of justice and equality that the define us as Americans.

DADT Certification

Obama Names 4th LGBT Judicial Nominee

Michael Fitzegerald becomes President Obama's

4th openly LGBT nominee to the federal judiciary

Wow! Just days after Paul Oetken became the first openly gay man was confirmed as a U.S. District Court judge to the Souther District of New York, President Obama has named a 4th openly LGBT individual to become a federal judge with lifetime appointment. He is Michael Fitzgerald and joins Ali Nathan, J. Paul Oetken and Ed Dumont as openly LGBT federal judicial nominees of the Obama administration. The Oetken nomination has passed the Senate, the Nathan nomination is on the floor and there is no scheduled action on the Dumont nomination planned.

Here's the press release from the White House on the Fitzgerald nomination:

THE WHITE HOUSE

Office of the Press Secretary

_________________________________________________________________________________

FOR IMMEDIATE RELEASE

July 20, 2011

President Obama Nominates Michael Walter Fitzgerald to the U.S. District Court for the Central District of California

WASHINGTON, DC – Today, President Obama announced his nomination of Michael Walter Fitzgerald to the United States District Court for the Central District of California. 

"I am honored to nominate Michael Walter Fitzgerald to the United States District Court," President Obama said.  "His impressive career stands as a testament to his formidable intellect and integrity.  I am confident he will serve the people of California with distinction on the District Court bench."

Michael Walter Fitzgerald: Nominee for United States District Judge for the Central District of California

Michael Walter Fitzgerald has been a named partner at the law firm of Corbin, Fitzgerald & Athey LLP in Los Angeles, California since 1998, where he handles civil and criminal litigation in both federal and state courts.   Previously, he worked at the Law Offices of Robert L. Corbin PC from 1995 to 1998 and at the law firm of Heller, Ehrman, White & McAuliffe from 1991 to 1995.  Between 1988 and 1991, Fitzgerald served as an Assistant United States Attorney in Los Angeles.  Upon graduation from law school, he clerked for the Honorable Irving R. Kaufman of the United States Court of Appeals for the Second Circuit.  Fitzgerald received his J.D. in 1985 from the University of California, Berkeley School of Law (Boalt Hall) and his A.B. magna cum laude in 1981 from Harvard University.

### 

1st Openly Gay U.S. District Court Judge Approved By Senate

As I blogged about earlier this year, J. Paul Oetken is the first openly gay man to be nominated for a lifetime federal judgeship. On Monday, the United States Senate approved Oetken's nomination by a vote of 80-13 to a seat on the Southern District of New York, which covers New York City and is one of the busiest and prestigious federal courts in the country. Amazingly, Oetken will join the same bench that the nation's only openly lesbian federal judge sits on. Deborah Batts is an African American lesbian judge who was nominated by President Clinton and approved by the Senate in 1994. All 13 Senators voting No o Oetken's nomination were Republicans.

Chris Geidner reports:

Sen. Charles Schumer (D-N.Y.), who has been supporting the nomination, praised Oetken's background and experience on the Senate floor shortly before the vote, saying "His confirmation will only improve the workings of one of the best and one of the busiest courts in the country."

Of Oetken's place as the first, Schumer said, "At this moment, Paul is not just an excellent candidate, as the first openly gay man to be confirmed as a federal judge and to serve on the federal bench, he will be a symbol of how much we have achieved as a country in just the last few decades."

Before the vote began, Sen. Chuck Grassley (R-Iowa) -- the ranking Republican on the Judiciary Committee -- also announced that he would be voting for Oetken, who was born in Iowa.

When the vote did come, all Democrats voting approved the nomination, with Sen. Kay Hagan (D-N.C.) the sole Democrat not voting. Moreover, a majority of the Senate Republican caucus -- 28 members -- voted to approve the nomination, with 13 Republicans opposing the nomination and six members not voting.

The "no" votes came from Sens. Roy Blunt (R-Mo.), John Boozman (R-Ark.), Thad Cochran (R-Miss.), Mike Crapo (R-Idaho), Jim DeMint (R-S.C.), Orrin Hatch (R-Utah), Kay Bailey Hutchison (R-Texas), Mike Lee (R-Utah), Mitch McConnell (R-Ky.), Jerry Moran (R-Kan.), James Risch (R-Idaho), Pat Roberts (R-Kan.) and Roger Wicker (R-Miss.). The Republicans not voting were Sens. James Inhofe (R-Okla.), Lisa Murkowski (R-Alaska), Rand Paul (R-Ky.), Marco Rubio (R-Fla.), Pat Toomey (R-Pa.) and David Vitter (R-La.).

This is great news. Someone should ask all the Republican presidential candidates whether they would nominate an openly LGBT person to a federal judgeship. President Obama has also nominated an out lesbian, Ali Nathan, to a federal judgeship as well. That nomination is now pending on the Senate floor.

Celebrity Friday (Bonus): Beyoncé and Madonna

25 years ago (on June 30, 1986) Madonna released her masterpiece, her 3rd studio album True Blue, which contained 5 Top 5 singles including 3 #1 singles (Papa Don't Preach, Open Your Heart  and Live To Tell) and the op 10s La Isla Bonita and True Blue. The album eventually sold over 24 million copies worldwide and 7 million in the United States alone

On Tuesday July 5th, 2011 Beyoncé released her 4th studio album, titled 4. It immediately debuted at #1 on the Billboard Album chart and includes the monster single "Run The World (Girls)."

Do you think 25 years from now people will remember Beyoncé's 4 album in 2036 like we remember Madonna's True Blue today? Somehow, I think not.

New York Celebrates Marriage Equality

The New York newspapers have reported last night's historic passage of marriage equality. Oh, and this weekend is New York City pride :-)

Hat/tip to DailyKos.

Today is 30th Anniversary of AIDS

This weekend is the 30th anniversary of the discovery of what became known as AIDS in Los Angeles, CA in June 1981. The Black AIDS Institute says "30 years is enuf!"

Ha/tip to LGBTPOV

2011 FRENCH OPEN: Li Na Wins Historic 1st Major

AFP

AFP

Getty

AFP

Li Na of China made history on Saturday in Paris by becoming the first tennis player (male or female) from the most populous country in the world to win a major title. Li defeated defending champion Francesca Schiavone of Italy 6-4 7-6(0)  by hitting through the court on both wings, ending with 28 groundstroke winners and only 24 errors.

Li served extremely well, with 3 aces and a stellar 77% of first serves in the box. In the first set, she hit the ball extremely hard and deep on both sides and just needed one break of serve to take the set without facing a breakpoint herself. In the second set, Li broke early again and held to go up 3-1. Li had points for 4-1 and 5-2 to put the match out of reach but blinked both times, allowing the wily 30-year-old veteran to seize the opportunity to get back into the match when Schiavone broke back and held to reach 5-4. Li was barely able to hold her next service game but she was clearly tightening up with only her net play keeping her in the set as the depth of her shot lessened considerably. At 5-6, deuce with Li serving she hit a forehand cross-court deep into the corner which was called out but the umpire checked the mark and despite Schiavone's protests called the ball good, denying the Italian her chance for a set point. Schiavone lost the next point and the game, resulting in a tiebreaker where she failed to win a point, giving Li the set and match.

Li will be #4 in the World on Monday, and has played in both major finals this year. The 29-year-old's game is best suited to the fast hard courts and she has good success on grass. Her ranking should only go up for the rest of the year. How high can she go?

2011 FRENCH OPEN: Federer ENDS Djokovic's Streak; Faces Nadal In Final

On Rafael Nadal's 25th birthday, Roger Federer pulled off one of the most unexpected and impressive victories of his already storied career by defeating the hottest player on tour this year, Novak Djokovic, in a historic, thrilling 7-6(5) 6-3 3-6 7-6(5) match which last 3 hours, 39 minutes.

Federer ended Djokovic's winning streak this year at 41 (or 42 matches, if you count his quarterfinal walk-over over Fabio Fognini), also denying the 24-year-old Serbian the World #1 ranking. Federer had been the last person to beat Djokovic in November 2010 before the streak which garnered him 7 titles this year (1 major and 4 Masters shields) started. The Swiss Great reached the 23rd major final of his career, his 5th at Roland Garros, where he will play 5-time champion Rafael Nadal who leads him 5-2 in major finals and 3-0 in Paris finals. As expected, Nadal easily dismissed World #4 Andy Murray in straight sets 6-4 7-5 6-4 to reach his 12th major final, 6th at Roland Garros. Federer improved to a career 14-9 head-to-head over Djokovic.

On Sunday, Nadal will be playing to match Bjorn Borg's haul of 6 French Open titles and retain his World #1 ranking, while Federer will be playing to extend his career total to 17 major singles titles, 3 more than Peter Sampras' 14. Nadal has beaten Federer twice this year already and leads their career head-to-head 16-8 and 11-2 on clay. If Nadal loses, Djokovic will become World #1 on Monday.

WATCH: Black Lesbian Couple 1st To Get Illinois Civil Union

Lakeesha Harris and Jeanean Watkins, a Black lesbian couple with a registered domestic partnership, were first in line to get their civil union license when Illinois civil unions law went into effect today, June 1. Governor Pat Quinn signed the bill into law earlier this year. Hawaii and Delaware also enacted civil union laws this year that go into effect later.

Hat/tip to Wonder Man.

Analyzing Poll Data On Interracial Marriage Equality

In 1948, the California Supreme Court ruled in Perez v Sharp that the state's prohibition on interracial marriages was invalid. That was the first state Supreme Court decision to strike down an anti-miscegenation statute. 10 years later a national poll of Americans by Gallup in September 1958 showed that 94% of respondents disapproved of "marriages between blacks and whites." The United States Supreme Court did not invalidate all remaining laws banning interracial marriage (which were still on the books in 16 states) until 1967, and a year later a mere 20 percent of respondents approved of interracial marriages (73 percent disapproved) in a June 1968 Gallup poll. It was not until the mid-1990s that a majority of poll respondents said that they approved of interracial marriage equality.

In 2004, the Massachusetts Supreme Court decision Goodridge v. Department of Public Health went into effect, legalizing marriages between same-sex couples on May 17. At the time 42% of Americans approved of marriage equality, with 55 percent disapproving of civil marriages between same-sex couples. As I noted yesterday, it is only in 2011 that Gallup has shown majority support for marriage equality nationwide, even though there are only 5 states and the District of Columbia where the practice is legal.

Hat/tip to Zack Ford.

Lesbian Confirmed To MA Supreme Court

As expected when she was nominated for the post a month ago, Barbara Lenk has become the first openly gay person on the Massachusetts Supreme Judicial Court, the state's highest court. The 7-member SJC is (in)famous for being the first state court to rule definitively that marriage equality is a fundamental right and that there is no rational reason or legitimate governmental purpose for denying civil marriage licences to same-sex couples (way back in November 2003).

The Boston Globe reports "Lenk approved for SJC; first openly gay justice on state's highest court":

The Governor’s Council confirmed Lenk on a 5-3 vote. She is Governor Deval Patrick’s fourth appointment to the seven-member SJC, which issued the landmark 2003 ruling that made Massachusetts the first state to legalize same-sex marriage. 

Lenk, who married her partner, Debra Krupp, after the ruling, has 18 years’ experience on the bench, a degree from Harvard Law School, and a doctorate in political philosophy from Yale. Patrick nominated her to replace Justice Judith A. Cowin, who is retiring. 

Lenk's confirmation hearing last week lasted more than seven hours, and was often contentious.
Critics raised questions about Lenk’s ruling in an incest case, and about whether she had avoided conflicts of interest when Krupp represented clients at the Appeals Court in her capacity as a lawyer for the state public defenders’ office. 

Social conservatives blasted Lenk, saying her appointment to the SJC would encourage the indoctrination of children into homosexuality. 

But Lenk had the full backing of the state’s legal establishment. Bar association leaders, former judges, and Lenk’s former clerks wrote letters to the Governor’s Council, saying Lenk’s critics were inappropriately focused on her sexuality and ignoring her legal credentials.

A frickin Ph.D from Yale AND a Harvard Law degree and heterosexual supremacists and homophobes were still complaining? That's just sick! "Have you no, decency, sir?"

WATCH: Obama Tells The World 'Osama Is Dead'

Djokovic STILL Unbeaten In 2011: 27 Wins, 5 Titles

Novak Djokovic won his 5th title in 2011, improving his sequence of 2011 wins to 27, by defeating Feliciano Lopez 7-6(4) 6-2 to win the Serbian Open. He has also won the Australian Open (d. Murray), the Dubai Duty Free Open (d. Federer), the BNP Paribas Open (d. Nadal) and the Sony Ericsson Open (d. Nadal) this year.

The last person to beat Djokovic was Roger Federer, whom he has beaten 3 times since his 6-1 6-4 loss in the ATP World Tour finals.

Djokovic Reaches 5 Consecutive Final; 26-0 For 2011

How long can he keep it up? World #2 Novak Djokovic reached the final of his home town tournament in Serbia with a walk over Janko Tipsarevic on Saturday. Djokovic has now reached 5 consecutive finals (winning 4) and has not lost on tour since the ATP World Tour finals in December 2010. HIs 26-0 start to 2011 is the best beginning of a season since Ivan Lendl's 25-0 in the 1980s.

First Openly Gay Politician Elected in Japan

Taiga Ishikawa, 36, has become the first openly gay person elected to public office in Japan.

Acording to Agence France Press:

"I hope my election victory will help our fellows nationwide to have hope for tomorrow, as many of them cannot accept themselves, feel lonely and isolated and even commit suicide," he told AFP.

Ishikawa, 36, won a seat in a Tokyo ward assembly in local elections on Sunday. Prior to his victory, no openly homosexual politician had won office in Japan.

[...]

Ishikawa disclosed that he is gay in his autobiographical "Boku No Kareshi Wa Doko Ni Iru" (Where Is My Boyfriend?)," published in 2002.

"Many readers of my book told me that they are isolated and the situation I wrote about in the book is so similar to theirs. So I started to host events that offer opportunities to have links with friends," Ishikawa said.

He founded the non-profit organisation "Peer Friends", which hosts events in Japanese cities to provide young gay men with opportunities to meet other gays.

Since February 2010, he has served as a private secretary to Mizuho Fukushima, the leader of the Social Democratic Party, a small opposition group.

It still amazes me that we are recognizing historic firsts in the LGBT community in 2011.

Hat/tip to TowleRoad.

Nadal Wins 500th; Faces Ferrer in Barcelona Final

Rafael Nadal won his 500th ATP tour match on Saturday, setting up another showdown again with his countryman and good friend David Ferrer in the finals of the clay court tournament in Barcelona, Spain. Last week, Nadal beat Ferrer to win his record 7th consecutive title in Monaco. Nadal has won 28 straight matches in Barcelona as well, having won 5 consecutive titles here from 2005 through 2009 (and missing last year's event due to injury). He beat Ferrer in the 2008 and 2009 finals.

Nadal Becomes 1st To Win Tennis Title 7 Years In A Row

Rafael Nadal made history on Sunday by becoming the first tennis player to win a title (the Monte Carlo Masters) an incredible seven times in a row after beating David Ferrer 7-5 6-4. Roger Federer has won multiple titles (the US Open 2004-2008, Wimbledon 2003-2007) fives years in a row but no modern player has won a title even six times in a row, a feat Nadal accomplished last year in Monte Carlo.

Nadal swept every single clay tournament he played last year, including Roland Garros. He has now won 37 clay court matches in a row. Monte Carlo was also his 19th ATP Masters title, which is two more than Andre Agassi and Federer have.

Celebrity Friday: Barbara Lenk, Openly Lesbian MA Sup Ct Justice

Barbara Lenk, 60, will become Massachusetts
 first openly lesbian Supreme Court Justice

Governor Deval Patrick has apparently decided to appoint the first openly gay member of the Massachusetts Supreme Judicial Court by naming Barbara Lenk, an Associate Justice of the Appeals Court.

“I am honored to nominate Justice Lenk to the supreme judical court,” said Patrick. “She is a brilliant and thoughtful jurist, with a deep sense of justice. Justice Lenk will continue to make extraordinary contributions to the commonwealth and our judical system as a member of the highest court.”

With this latest appointment, Gov. Patrick will have appointed  a majority of the justices of his state's highest court. Interestingly, the number of openly gay State Supreme Court justices has taken a dramatic increase lately, with courts in Colorado, Hawaii and now Massachusetts all getting openly lesbian appointees. California currently has an open position on its  highest court. There have been calls on Governor Brown to appoint an openly gay Justice.

Surely one of these openly gay state supreme court justices will be prime for a federal appellate position within the next 5-10 years?

Djokovic Beats Federer Easily For 3rd Dubai Title In A Row

Novak Djokovic continued his undefeated 2011 season to 12 matches by dispatching Roger Federer  6-3 6-3 to win his 3rd consecutive Dubai title, and 20th overall. Djokovic was very sharp from the beginning, missing only 3 first serves in the first set and outhitting the Swiss great from both wings, Although Federer held an early break to go up 3-1 in the second set, he lost 5 consecutive games to lose the match as multiple mishits flew off the racket of Federer's backhand.

Djokovic improved to 8 wins out of 21 matches against Federer and has yet to lose in 2011. I wonder who will beat him?