Virginia Enacts LGBT Non-Discrimination Protections!

Virginia has become the first state in the Southern United States (former member of the Confederacy) to enact comprehensive civil rights protections for LGBT people. Last night Governor Ralph Northam signed the Virginia Values Act into law. The legislation (SB 868) goes into effect July 1, 2020 and in addition to prohibiting discrimination in employment, housing and credit on the basis of sexual orientation and gender identity, it also expanded public accommodations protections on the basis of these categories and others. According to the Williams Institute (at the UCLA School of Law) twenty-three states and the District of Columbia now have statutes specifically protecting LGBT civil rights.

The national LGBT advocacy organization, the Human Rights Campaign, described the new law:

In addition to sexual orientation and gender identity, the law also creates all-new protections for Virginians in private employment and places of public accommodation on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, and status as a veteran. Virginia is the first state in the South to have non-discrimination protections for LGBTQ people, the first state in over a decade to add both sexual orientation and gender identity to existing non-discrimination law, and the first state since 1993 to add a prohibition on discrimination in public accommodations (protecting all Virginians) where none existed before.

Virginia Governor Northam said:

"We are building an inclusive Commonwealth where there is opportunity for everyone, and everyone is treated fairly. No longer will LGBTQ Virginians have to fear being fired, evicted, or denied service in public places because of who they are."

The bill was shepherded through the Virginia legislature by two openly gay legislators, Senator Adam Ebbin (D-Alexandria) and Delegate Mark Sickles (D-Fairfax). As a result of the 2019 legislative elections and the 2017 gubernatorial elections Democrats have complete control of the legislative process in Virginia for the first time in decades. Since I used to live and work in Virginia I am very excited to see this progress!

Queer Quote: Indian Supreme Court Invalidates Sodomy Law (Finally)

In a victory for tens of millions of LGBT individuals, the Supreme Court of India has finally invalidated India's colonial-era sodomy law, decriminalizing homosexuality and ruling that discrimination on the basis of sexual orientation is illegal in a near 500-page decision.

The battle to have Section 377 of the Indian Penal Code struck down has taken decades. In 2009, the Delhi High Court ruled the nation's sodomy law unconstitutional but the ruling was appealed to the highest court in the land even though the Indian Government agreed to abide by the decision in 2012. Then in 2013 that Court upheld the law in a shocking ruling that maintained the ban on "carnal intercourse against the order of nature." However, the Court agreed to re-hear that decision in 2014 and today's result follows that litigation.

The opinion is quite comprehensive and ends with some stunning conclusions:

(i) Section 377 of the Penal Code, in so far as it criminalises consensual
sexual conduct between adults of the same sex, is unconstitutional;
(ii) Members of the LGBT community are entitled, as all other citizens, to
the full range of constitutional rights including the liberties protected by
the Constitution;
(iii) The choice of whom to partner, the ability to find fulfilment in sexual
intimacies and the right not to be subjected to discriminatory behaviour
are intrinsic to the constitutional protection of sexual orientation;
(iv) Members of the LGBT community are entitled to the benefit of an equal
citizenship, without discrimination, and to the equal protection of law;
and
(v) The decision in Koushal stands overruled.

This an amazing victory for sexual minorities! Note the highlighted section which indicates that the ruling goes far beyond just striking down sodomy laws (like 2003's Lawrence vs Texas).

Today's Queer Quote is from Jessica Stern of OutRight Action International (formerly the International Gay and Lesbian Human Rights Commission), who reacted to the ruling by saying, "The sodomy law that became the model everywhere, from Uganda to Singapore to the U.K. itself, premiered in India, becoming the confusing and dehumanizing standard replicated around the world [and] today’s historic outcome will reverberate across India and the world."

Woo hoo!

#EqualityDay: Anniversary of Multiple LGBT Legal Victories!

Happy #EqualityDay! Today is June 26, which is an auspicious day for LGBT equality in the United States. In 2003, the Supreme Court finally affirmed the basic humanity of LGBT citizens and eliminated the remaining state laws banning sodomy in Lawrence v. Texas; In 2013, the state struck down the odious Defense of Marriage Act which had prohibited the federal government from recognizing legal same-sex marriages in United States v. Edith Windsor and also ruled in Hollingsworth v. Perry that California's Proposition 8 was unconstitutional; in 2015's Obergefell v. Hodges the Supreme Court struck down all state-based bans on recognition of same-sex marriage (including California's Proposition 8) effectively legalizing marriage equality nationwide! (A curious fact is that all of these LGBT-supportive decisions were written by Anthony Kennedy, a Reagan appointee and Republican conservative jurist.)

#IDAHOT: May 17 is the International Day Against Homophobia, Transphobia & Biphobia

Today is May 17, the day selected to celebrate sexual and gender diversities. Officially it is known as the "International Day Against Homophobia, Transphobia and Biphobia" or #IDAHOT.

May 17 is chosen to commemrate the anniversary of the date in 1990 when the World Health Organization declassified homosexuality as a mental disorder.

QUEER QUOTE: 2nd U.S. Circuit Court Rules 10-3 That Sexual Orientation Is Covered Under 1964 Civil Rights Act

Wow! There's been a big ruling from a federal appellate circuit court articulating an interpretation of federal law that I have been advocating for for over 2 decades. The 2nd U.S. Circuit Court of Appeals ruled 10-3 in Zarda v. Altitude Express in a rare en banc decision that sexual orientation is covered under the 1964 civil rights prohibition against sex discrimination in Title VII. In the words former Vice President Joe Biden would say, this is a "big ******* deal."

An excerpt from the  Zarda decision is today's Queer Quote:

Because one cannot fully define a person’s sexual orientation without identifying his or her sex, sexual orientation is a function of sex. Indeed sexual orientation is doubly delineated by sex because it is a function of both a person’s sex and the sex of those to whom he or she is attracted. Logically, because sexual orientation is a function of sex and sex is a protected characteristic under Title VII, it follows that sexual orientation is also protected.

To me this has been an obvious constitutional interpretation for decades and should have been part of the legal reasoning for why same-sex marriage is required under the constitution (in addition to being sex discrimination, traditional marriage laws are also sexual orientation discrimination). Judge José Cabranes pointed this out by concurring in the judgement of the majority with this brief decision (given here in its entirety):

This is a straightforward case of statutory construction. Title VII of the Civil Rights Act of 1964 prohibits discrimination “because of … sex.” Zarda’s sexual orientation is a function of his sex. Discrimination against Zarda because of his sexual orientation therefore is discrimination because of his sex, and is prohibited by Title VII.

That should be the end of the analysis.

Interestingly, the second circuit is now the second federal appellate court to rule in favor of gay rights being civil rights, while previously the 11th U.S. Circuit Court of Appeals had ruled the other way last year.

The 1964 Civil Rights Act is one of the most hallowed achievements of the Civil Rights era so it is quite exciting that judicial statutory interpretation is growing on the side of inclusion of gay rights

Exciting news!

GODLESS WEDNESDAY: Jacinda Adern, 37-yo PM of New Zealand, is Agnostic

Jacinda Adern is set to become the next Prime Minister of New Zealand. She is 37 years old and a former Mormon. She says she left the church over its homophobic stances on LGBT equality and same-sex marriage recognition. That was the main reason why I was going to blog about her but then I saw these quotes:

“I have a real respect for people who have religion as a foundation in their lives. And I respect people who don’t.“I’m agnostic. I don’t spend a lot of time trying to figure it out.“I just think people should be free to have their personal beliefs and not be persecuted for it, whether they be atheist or staunch church members."

Clearly New Zealand politics is very different from American politics! It is unlikely that the not-yet-sworn-in leader of our country would say something. After all, atheists are the one group that a majority of poll respondents still feel should not become President.

SATURDAY POLITICS: Republicans (Finally) Say Homosexuality Should Be Accepted

There's a new poll out from Pew and the Press which shows that societal acceptance of homosexuality is continuing to grow, with the latest numbers showing that 70% of respondents say "homosexuality should be accepted by society" while only 24% of responded says "homosexuality should be discouraged by society."

However, in this week's episode of Saturday Politics I want to call attention to the partisan differences on this question. 83% of Democrats support societal acceptance of homosexuality. A majority of Democrats have been supportive of homosexuality since (at least) 1994 while a majority of Republicans have not ever been supportive of homosexuality until this year. In the latest poll, 54% of Republicans now say they are supportive of homosexuality.

Pew summarizes the results:

While there has been an increase in acceptance of homosexuality across all partisan and demographic groups, Democrats remain more likely than Republicans to say homosexuality should be accepted by society. 

Overall, 83% of Democrats and Democratic-leaning independents say homosexuality should be accepted by society, while only 13% say it should be discouraged. The share of Democrats who say homosexuality should be accepted by society is up 20 points since 2006 and up from 54% who held this view in 1994. 

Among Republicans and Republican leaners, more say homosexuality should be accepted (54%) than discouraged (37%) by society. This is the first time a majority of Republicans have said homosexuality should be accepted by society in Pew Research Center surveys dating to 1994. Ten years ago, just 35% of Republicans held this view, little different than the 38% who said this in 1994.

QUEER QUOTE: AG Loretta Lynch Announces DOJ Lawsuit Against NC Over Anti-LGBT #HB2

Today's Queer Quote is this excerpt of prepared remarks from an extraordinary press conference Attorney General Loretta Lynch made as she announced the U.S. Department of Justice was suing North Carolina over its discriminatory law, HB2.

Good afternoon and thank you all for being here.  Today, I’m joined by [Vanita] Gupta, head of the Civil Rights Division at the Department of Justice.  We are here to announce a significant law enforcement action regarding North Carolina’s Public Facilities Privacy & Security Act, also known as House Bill 2.  

The North Carolina General Assembly passed House Bill 2 in special session on March 23 of this year.  The bill sought to strike down an anti-discrimination provision in a recently-passed Charlotte, North Carolina, ordinance, as well as to require transgender people in public agencies to use the bathrooms consistent with their sex as noted at birth, rather than the bathrooms that fit their gender identity.  The bill was signed into law that same day.  In so doing, the legislature and the governor placed North Carolina in direct opposition to federal laws prohibiting discrimination on the basis of sex and gender identity.  More to the point, they created state-sponsored discrimination against transgender individuals, who simply seek to engage in the most private of functions in a place of safety and security – a right taken for granted by most of us.  

Last week, our Civil Rights Division notified state officials that House Bill 2 violates federal civil rights laws.  We asked that they certify by the end of the day today that they would not comply with or implement House Bill 2’s restriction on restroom access.  An extension was requested by North Carolina and was under active consideration.  But instead of replying to our offer or providing a certification, this morning, the state of North Carolina and its governor chose to respond by suing the Department of Justice.  As a result of their decisions, we are now moving forward. 

Today, we are filing a federal civil rights lawsuit against the state of North Carolina, Governor Pat McCrory, the North Carolina Department of Public Safety and the University of North Carolina.  We are seeking a court order declaring House Bill 2’s restroom restriction impermissibly discriminatory, as well as a statewide bar on its enforcement.  While the lawsuit currently seeks declaratory relief, I want to note that we retain the option of curtailing federal funding to the North Carolina Department of Public Safety and the University of North Carolina as this case proceeds.

This action is about a great deal more than just bathrooms.  This is about the dignity and respect we accord our fellow citizens and the laws that we, as a people and as a country, have enacted to protect them – indeed, to protect all of us.  And it’s about the founding ideals that have led this country – haltingly but inexorably – in the direction of fairness, inclusion and equality for all Americans.

This is not the first time that we have seen discriminatory responses to historic moments of progress for our nation.  We saw it in the Jim Crow laws that followed the Emancipation Proclamation.  We saw it in fierce and widespread resistance to Brown v. Board of Education.  And we saw it in the proliferation of state bans on same-sex unions intended to stifle any hope that gay and lesbian Americans might one day be afforded the right to marry.  That right, of course, is now recognized as a guarantee embedded in our Constitution, and in the wake of that historic triumph, we have seen bill after bill in state after state taking aim at the LGBT community.  Some of these responses reflect a recognizably human fear of the unknown, and a discomfort with the uncertainty of change.  But this is not a time to act out of fear.  This is a time to summon our national virtues of inclusivity, diversity, compassion and open-mindedness.  What we must not do – what we must never do – is turn on our neighbors, our family members, our fellow Americans, for something they cannot control, and deny what makes them human.  This is why none of us can stand by when a state enters the business of legislating identity and insists that a person pretend to be something they are not, or invents a problem that doesn’t exist as a pretext for discrimination and harassment.

Let me speak now to the people of the great state, the beautiful state, my state of North Carolina.  You’ve been told that this law protects vulnerable populations from harm – but that just is not the case.  Instead, what this law does is inflict further indignity on a population that has already suffered far more than its fair share.  This law provides no benefit to society – all it does is harm innocent Americans. 

Instead of turning away from our neighbors, our friends, our colleagues, let us instead learn from our history and avoid repeating the mistakes of our past.  Let us reflect on the obvious but often neglected lesson that state-sanctioned discrimination never looks good in hindsight.  It was not so very long ago that states, including North Carolina, had signs above restrooms, water fountains and on public accommodations keeping people out based upon a distinction without a difference.  We have moved beyond those dark days, but not without pain and suffering and an ongoing fight to keep moving forward.  Let us write a different story this time.  Let us not act out of fear and misunderstanding, but out of the values of inclusion, diversity and regard for all that make our country great. 

Let me also speak directly to the transgender community itself.  Some of you have lived freely for decades.  Others of you are still wondering how you can possibly live the lives you were born to lead.  But no matter how isolated or scared you may feel today, the Department of Justice and the entire Obama Administration wants you to know that  we see you; we stand with you; and we will do everything we can to protect you going forward.  Please know that history is on your side.  This country was founded on a promise of equal rights for all, and we have always managed to move closer to that promise, little by little, one day at a time.  It may not be easy – but we’ll get there together. 

I want to thank my colleagues in the Civil Rights Division who have devoted many hours to this case so far, and who will devote many more to seeing it through.  At this time, I’d like to turn things over to Vanita Gupta, whose determined leadership on this and so many other issues has been essential to the Justice Department’s work.

GODLESS WEDNESDAY: In Mississippi, New Law Says Religion Trumps Civil Rights

What a shocker! More bad news out of Mississippi regarding civil rights and the equal treatment of all its citizens. Governor Phil Bryant, A Republican, signed House Bill 1523 into law on Tuesday. The bill, which goes into effect in July, is titled "Protecting Freedom of Conscience from Government Discrimination Act" and purports to provide people with "sincerely held religious beliefs" the right to deny services and public accommodations to certain people. But it is also to support only certain religious beliefs, such as:

The act states that the government cannot penalize an individual, organization, or business for acting according to the following "sincerely held religious beliefs or moral convictions": that "marriage is or should be recognized as the union of one man and one woman"; that "sexual relations are properly reserved to such a marriage"; and that "male (man) or female (woman) refer to an individual’s immutable biological sex as objectively determined by anatomy and genetics at time of birth."

It looks flagrantly unconstitutional as well as discriminatory to me. It will be interesting to see if the response to Mississippi's bill mirrors the negative response North Carolina and Indiana have received for enacting similiarly bigoted legislation.

IGLHRC Changes Its Name To OutRight Action International

The international LGBT human rights organization known as the International Gay and Lesbian Human Rights Commission (IGLHRC) has changed its name to OutRight Action International. I spent two terms (6 years total) on the board of directors of IGLHRC so I have a soft spot in my heart for the organization, which was founded more than 25 years ago by my friend Julie Dorf.

Here's an excerpt from the press release announcing the change:

“We chose a new name that speaks to the heart of our mission. We have been ‘out’ for rights for 25 years, and at a time when civil society and LGBTI rights are under attack in many parts of the world, we believe our new name speaks to our commitment to LGBTIQ activism and resilience internationally,” said Jessica Stern, the executive director. 

Alan Cumming, an ambassador for the organization, called it “a beautiful new name” in a video message(http://www.youtube.com/watch?v=1N4o1ro3rHM). Moisés Kaufman, the playwright and founder of Tectonic Theater Project best known for The Laramie Project, hosted the event during which OutRight honored Gays and Lesbians of Zimbabwe, also celebrating its 25th anniversary. 

Instead of adopting an acronym, the organization said it prefers the simpler “OutRight” as shorthand. 

Along with a new tagline -- Human Rights for LGBTIQ People Everywhere -- OutRight reflects the organization’s commitment to inclusiveness for everyone in the LGBTIQ global community. 

“For 25 years, we’ve worked hand-in-hand with activists around the world to challenge discriminatory laws and abusive practices. Now we are taking a step to explicitly devote ourselves to dignity and acceptance for all in the LGBTIQ community: lesbian, gay, bisexual, transgender, intersex and queer,” Stern said. 

With the new name the organization unveiled a new logo and website (www.OutRightInternational.org). 

The new name drew enthusiasm from supporters and LGBTIQ activists in countries around the world who were consulted by a core team of staff and board members. The Board of Directors unanimously approved the name. 

Julie Dorf, founder of IGLHRC in 1990 and Senior Advisor to the Council on Global Equality, said: “For an LGBTIQ activist organization, the boundaries are always evolving as we push to eliminate discrimination and improve the lives of people who experience injustice. It’s wonderful for me to see the organization I founded choose a new name that builds on its strengths and determination for two and a half decades.”

Congratulations to OutRight! I'm hoping for 25 more years of international LGBTIQ human rights activism...

SATURDAY POLITICS: Jeb! Comes Out (In Favor Of Equal LGB Employment Rights) At The State Level

Freedom For All Americans is a new group formed in the mode of Freedom to Marry that is a campaign to "ensure that all LGBT Americans are afforded comprehensive protections from discrimination."

Despite the EEOC ruling this week that existing federal law protects LGB people nationwide from discrimination in employment based on sexual orientation, there are a lot of other areas where LGBT people are still subject to discrimination without a legal recourse.

FFAA got a boost this week when Republican presidential candidate Jeb Bush endorsed LGBT-inclusive protections against discrimination at the state level by saying:

“I don’t think you should be discriminated because of your sexual orientation. Period. Over and out.”

It will be interesting to see if his rivals for the GOP nomination will join him or condemn him for taking this stance.

Mozambique Is Most Recent African Country To Decriminalize Homosexuality

Good news of out of Africa!  The country of Mozambique has enacted reforms which include a decriminalization of intimate homosexual conduct, i.e. the country's sodomy law has been repealed, The Washington Blade has reported:

Mozambique is the latest African country to decriminalize consensual same-sex sexual relations. Sao Tome and Principe and Lesotho legalized homosexuality in 2012. Cape Verde decriminalized consensual same-sex sexual relations in 2004. Consensual same-sex sexual relations remain illegal in Egypt, Gambia, South Sudan, Cameroon, Kenya, Zimbabwe and more than two dozen other African countries. Those found guilty of homosexuality in Mauritania, Sudan and portions of Nigeria and Somalia face the death penalty. 

Great news!

Gaytterdämmerung: SCOTUS Strikes Down All Bans On Marriage Equality Nationwide In Sweeping 5-4 Ruling

As expected, the United States Supreme Court ruled in a 5-4 decision called Obergefell v. Hodges that there is a constitutional right to marry enjoyed by same-sex couples, effectively striking down the remaining bans on marriage equality remaining in the fourteen states by reversing the 6th U.S. Circuit's bizarre ruling upholding bans in Kentucky, Ohio, Michigan and Tennessee last November.

Amazingly, the ruling was issued on the third anniversary of United States v. Windsor (June 26, 2013) striking down the so-called Defense of Marriage Act and the thirteenth anniversary (June 26, 2003) of the landmark decision in Lawrence v Texas overturning laws criminalizing private homosexual conduct between consulting adults.

QUEER QUOTE: Judge Rules "Sodomite Suppression Act" Patently Unconstitutional

Well, well! Score one for common sense. A violently homophobic proposed California ballot measure known as the "Sodomite Suppression Act" has been found unconstitutional by a Superior Court judge so that Attorney General Kamala Harris does not have to process it for circulation before voters. The judge's order is the source for today's QUEER QUOTE:

1. The proposed initiative titled the "Sodomite Suppression Act" (the "Act") is patently unconstitutional on its face;
2. Any preparation and official issuance of a circulating title and summary for the Act by the Attorney General would be inappropriate, waste public resources, generate unnecessary divisions among the public and tend to mislead the electorate; and
3. The Attorney General is relieved of any obligation to issue a title and summary for the Act.

Just in time for LGBT Pride month!

Ireland Enacts Marriage Equality As Amendment Passes With Over 60% #VoteYes

As expected, Ireland became the first country in the world to legalize marriage equality by a popular vote when the country passed a constitutional amendment by a huge margin of 62%-38% buoyed by record high turnout of over 60 of the voting population.

Freedom To Marry's Evan Wolfson said:

With a resounding vote in favor, Ireland now becomes the first country in the world to pass the freedom to marry by popular referendum, as well as the 21st nation and the 10th predominantly Catholic country in which same-sex couples can marry. Our Irish colleagues at Yes Equality ran a magnificent campaign and Freedom to Marry is proud to have shared what we’ve learned in our own campaign here in the US. The global momentum for the freedom to marry reflects and reinforces the progress we are making here in the United States – and we look now to the Supreme Court to bring our country to national resolution, following Ireland’s good example.

Ireland is now the 21st country where same-sex couples have an equal right to marry.

Eighteen countries have approved the freedom to marry for same-sex couples nationwide (Netherlands, Belgium, Spain, Canada, South Africa, Norway, Sweden, Portugal, Iceland, Argentina, Denmark, France, Brazil, Uruguay, New Zealand, Britain, Luxembourg, Finland and now Ireland), while two others have regional or court-directed provisions enabling same-sex couples to share in the freedom to marry (Mexico and the United States). In Slovenia, Parliament approved a marriage bill in March 2015 and is headed to the president's desk.

Woo hoo!

Today Is International Day Against Homophobia, Transphobia & Biphobia

Today is May 17th, the day which is becoming universally recognized as IDAHOT, the international day against homophobia, transphobia and biphobia. In fact, the White House issued a statement by President Barack Obama:

Michelle and I join our fellow Americans and others around the world in commemorating the International Day Against Homophobia and Transphobia tomorrow, May 17.  We take this opportunity to reaffirm that lesbian, gay, bisexual, and transgender (LGBT) rights are human rights, to celebrate the dignity of every person, and to underscore that all people deserve to live free from fear, violence, and discrimination, regardless of who they are or whom they love.  

We work toward this goal every day. Here at home, we are working to end bias-motivated violence, combat discrimination in the workplace, and address the specific needs of transgender persons.  Overseas, I am proud of the steps that the United States has taken to prioritize the protection and promotion of LGBT rights in our diplomacy and global outreach. 

There is much more to do, and this fight for equality will not be won in a day.  But we will keep working, at home and abroad, and we will keep fighting, for however long it takes until we are all able to live free and equal in dignity and rights.

 National Security Adviser Susan Rice took the opportunity to issue a statement that condemns the recent murderously homophobic remarks by Gambian President Jammeh.

The recent unconscionable comments by Gambian President Yahya Jammeh underscore why we must continue to seek a world in which no one lives in fear of violence or persecution because of who they are or whom they love. We condemn his comments, and note these threats come amid an alarming deterioration of the broader human rights situation in The Gambia. We are deeply concerned about credible reports of torture, suspicious disappearances – including of two American citizens - and arbitrary detention at the government's hands. 

The United States in late 2014 acted on The Gambia’s crackdown against its LGBT community and wider human rights violations by ending trade preferences, and we are reviewing what additional actions are appropriate to respond to this worsening situation. 

We repeat our call for the Gambian government, and all governments, to lead inclusively, repudiate intolerance, and promote respect for the universal rights and fundamental freedoms of all people.

Additionally, the White House released a fact sheet summarizing the numerous measures the Obama administration has taken which benefit the international LGBT Community. Some highlights:

• On December 6, 2011, President Obama released the Presidential Memorandum on International Initiatives to Advance the Human Rights of LGBT Persons, which directs departments and agencies to combat criminalization of LGBT status or conduct abroad; protect vulnerable LGBT refugees or asylum seekers; enhance assistance to protect human rights and advance nondiscrimination for LGBT persons; and help ensure swift and meaningful responses to human rights abuses of LGBT persons abroad.
• In February 2015, Secretary of State John Kerry announced the appointment of Randy Berry as the first-ever Special Envoy for the Human Rights of LGBT Persons.  Special Envoy Berry joins USAID Senior Coordinator Todd Larson in leading the U.S. Government’s efforts to advance the human rights of LGBT persons.  Six openly gay U.S. Ambassadors are serving at Embassies around the world.  And, this year, the Peace Corps also created a position devoted to training staff to support LGBT Peace Corps Volunteers. 
• With the support of the United States, the World Health Organization has begun discussions on the negative repercussions of stigma, discrimination, and other barriers to care for LGBT persons in the health system as a whole.  In 2013 the Pan-American Health Organization passed a ground-breaking resolution on LGBT health, which emphasized that equal access to care is a health issue and called on countries to collect data on access to health care and health facilities for their LGBT population. 
• Since its inception in 2011, the State Department’s Global Equality Fund, a partnership of 11 governments as well as a number of corporations and private foundations, has allocated more than $19 million to frontline advocates in 50 countries. 
• In June 2014 the White House hosted the first-ever Global LGBT Human Rights Forum, which brought together the faith community, private sector, philanthropy, HIV and other health advocates, LGBT activists from around the world, and the broader human rights community to discuss how to work together with the U.S. government and others to promote respect for the human rights of LGBT individuals around the world.  National Security Advisory Susan Rice delivered keynote remarks. 

This is just a few of the highlights of the impressive accomplishments of the Obama administration in this area.

Happy IDAHOT!

Gaytterdämmerung II: SCOTUS Hears Oral Arguments In Obergefell v Hodges

Source

Today is the day that many people have been waiting for. The Supreme Court heard oral arguments about two questions that will decide whether same-sex couples will be able to get married in every state in the nation, and secondly, whether when they are married in a jurisdiction that allows it, will other jurisdictions be forced to recognize those marriages. If it seems like we just recently had a significant case from the Supreme Court on same-sex marriage,we did, but it was two years ago. I was actually in DC at the time so I went by the Court to witness the spectacle of wheat happens before a major case.

In those cases, Proposition 8 ended up being held to remain invalidated (Hollingsworth v. Perry) and the so-called Defense of Marriage Act (DOMA) was struck down (United States v. Windsor).

Today's case was Obergefell v Hodges and you should read the always excellent SCOTUS blog for complete coverage and a plain-english explanation of what happened. Apparently, no one is very sure of what the final decision will be. That really, can be considered something of a win for the heterosexual supremacists because they have spent the last 18 months or so losing literally dozens of cases before federal judges who have been striking down bans on same-sex marriage using the United States Constitution and the reasoning contained in Windsor.

If the Court does decide that there is NOT a fundamental right to marry for same-sex couples *and* that states do not have to be forced to recognize marriages from one state that could not be performed in their state, then the Washington Post has a good map and explanation of what the state of play could be.

Only 11 states have enacted marriage equality through "majoritarian democratic" processes so far, so it would mean that there would be battles going on in 39 different states to change the law. This would potentially include California, where Proposition 8 is not the law of the land due to a District Court decision that would no longer be valid if the Supreme Court issues a ruling that changes the legal landscape. You can bet that heterosexual supremacists would start litigating to have Proposition 8 re-instated and LGBT activists would rush to collect signatures to have a 2016 vote on the question.

The 21 states whose marriage laws have been struck down by lower federal courts and where couples have been getting married legally would suddenly have their marriages thrown into limbo (although it is more likely than not those marriages would be deemed valid, but it might take another Supreme Court case to resolve that issue).

Let's hope the Justices do the right thing and realize that there is no harm to opposite-sex couples when same-sex couples are allowed to marry.

Hat/tip to Scotus Blog and Joe.My.God

QUEER QUOTE: Openly Gay Hotelier Who hosted Event For Ted Cruz Apologizes In Wake Of Backlash

The interwebs have been buzzing for the last week with the news that Texas U.S. Senator (and Republican presidential candidate) Ted Cruz attended an event hosted by two prominent openly gay hoteliers in New York City last week and in that setting seemed to tone down his virulently anti-gay rhetoric.

The New York Times broke the story of the event hosted by millionaires Mati Weiderpass and Ian Reisner and negative reaction from LGBT activists was swift.

A Facebook page calling for a boycott of The Out NYC Hotel and other properties owned by Weiderpass and Reisner had almost 7,000 likes Saturday afternoon, and at least two events have already been canceled at their properties. A protest rally is scheduled for Monday evening outside the Out NYC. 

On Saturday morning, the New York City Gay Men’s Chorus abruptly canceled its annual spring fundraiser, scheduled for later in the day at Out NYC. While the chorus did not explicitly cite the controversy or the Cruz meeting, it said it “made the decision because we want to be 100% clear in our support for the LGBTQ community.”

Initially the two released statements clarifying that the event was NOT a fundraiser for Cruz and that they thought that the meeting was important for dialogue. However, today's Queer Quote is from the apology posted by Reisner to Facebook in the last twenty-four hours:

"I am shaken to my bones by the e-mails, texts, postings and phone calls of the past few days. I made a terrible mistake. I was ignorant, naive and much too quick in accepting a request to co-host a dinner with Cruz at my home without taking the time to completely understand all of his positions on gay rights. I've spent the past 24 hours reviewing videos of Cruz' statements on gay marriage and I am shocked and angry. I sincerely apologize for hurting the gay community and so many of our friends, family, allies, customers and employees. I will try my best to make up for my poor judgement. Again, I am deeply sorry."

They really thought that having a private meeting with a Republican presidential candidate who does not believe in fundamental rights for LGBT people would not be a problem? Or maybe they thought that no one would find out about it? Either way it will be very interesting to see how the GOP candidates for president negotiate their way through the minefield of LGBT equality in the next few days, especially, and all the way up to the 2016 election.

Hat/tip to Wonkette

Celebrity Friday: The Straight Guy Who Will Argue Gay Marriage Before The Supreme Court

Chris Geidner has an interesting profile of Doug Hallward-Driemeier, the straight Canadian lawyer who on Tuesday April 28 will argue before the United States Supreme Court that states should not be allowed to ban recognition of the marriages of same-sex couples from another state.

While he said that the recognition question presents “a distinctive harm” to his clients because it amounts to Tennessee “destroy[ing], as a legal matter, families and marriages that have already been created,” he also said he does not expect the court to reach different answers on the two issues because “the arguments that the states have made are the same on both” questions.
“One of the things that I hope the justices appreciate is that this is not an issue that only affects — we are very clear in our brief that this is not about ‘gay marriage’ … it’s not a different kind of marriage, it’s about marriage and about allowing people who love each other to join in that institution,” he said. “It’s about my family members, my friends, my children. It affects me as it affects others.”
More than that, Doug Hallward-Dreiemeier knows that — while there are no cameras in the courtroom — the audio set to be released that day will be listened to by same-sex couples across the country, looking for signs about whether they will be able to marry or have their marriage recognized elsewhere once a decision comes down.
“It is a huge, huge honor,” he said, “and I sense the hopes and aspirations of so many people that are at stake here. That’s something I carry with me. And I’m just going to do everything I can.”

Hat/tip to Buzzfeed 

Legislators Who Voted To Kill North Dakota LGBT Equality Bill Shamed

The same week that Indiana and Arkansas enacted new "religious freedom" bills with explicit provisions that they could not be used as defenses or sources of discrimination based upon sexual orientation or gender identity, despite the fact that neither state has statewide civil rights laws that include LGBT citizens, the North Dakota State Senate overwhelmingly rejected a bill that would have done just that.

What happened next was great. The largest newspaper in the largest city in the state printed the pictures of every single person who had voted to deny civil rights protections to LGBT people in the state, which lead the Republican Governor Jack Dalrymple to say:

"I’m concerned that we have missed an opportunity to affirm what North Dakotans already believe, which is that discrimination based on an individual’s sexual orientation is not acceptable.”

Gee, ya think?