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!

UPDATE: Michael Johnson (Black, Gay ,HIV+ Man) Released From Prison Early!

Michael Johnson (left) with Dr. Steve Thrasher

There's an exciting update in the ongoing saga of Michael Johnson (also known as "Tiger Mandingo"), a Black gay man with HIV who at the age of 23 in 2015 was sentenced to 30-years in prison for knowingly exposing several gay men to HIV (some of whom subsequently tested positive for HIV later). Johnson's case was a textbook case of HIV stigma combined with racial animus leading to a problematic criminal justice result. Happily, this conviction was overturned in 2016 and last year Johnson agreed to a 10-year Alford plea deal with the last 3 years converted to parole.

One of the key journalists and activists who raised the media profile of the Johnson case was Steve Thrasher (@thrasherxy) (seen pictured with Johnson above the day he was released from prison on July 9, 2019).

A New York Times report on Johnson's release said:

In theory, H.I.V. exposure laws are meant to encourage H.I.V.-positive individuals to disclose their status before having sex, and to practice safer sex, with the ultimate goal of preventing the spread of the virus.
But there is no evidence that these laws have reduced risky behavior or encouraged disclosure, said Catherine Hanssens, the executive director of the Center for H.I.V. Law and Policy, which provided legal support for Mr. Johnson’s case.
In the eyes of the law, an H.I.V. diagnosis is conflated with malice, she added.
“These laws effectively treat an H.I.V. diagnosis itself as evidence that the person acted with bad intentions when sex or other types of physical contact are involved in a crime,” she said.

Congratulations to everyone who worked on this case. Johnson will be moving to and living in Indiana with a friend and says he plans to continue his education and would like to share his story as part of advocacy for HIV prevention and treatment,

Lori Lightfoot Elected First Black Lesbian Mayor of Chicago

Lori Lightfoot is a 56-year-old former federal prosecutor and private attorney who just became the first Black lesbian to be elected mayor of Chicago. Lightfoot will become the highest ranking openly LGBT mayor in the country when she takes office and mayor of the largest city to be run by a Black woman, although not the only one. San Francisco (London Breed), Atlanta (Keisha Lance Bottoms), and Washington, D.C. (Muriel Bowser) are just a few.

Congratulations, Mayor Lightfoot!

2019 AUS OPEN: Djokovic Wins 15th Major, Record 7th Aussie Title

As expected, World #1 Novak Djokovic defeated World #2 Rafael Nadal to win his record 7th Australian Open title, his 15th major and 3rd consecutive. This was the pair's 53rd meeting 8th in a major final and Nadal's first straight sets loss 6-3 6-2 6-3 ever in a major final. Djokovic had an astonishing 9 unforced errors in 3 sets (26 games) to Nadal's 28. Djokovic is now 7-0 in Australian Open finals and 15-9 in major finals, compared to Roger Federer's 20-10 and Nadal's 17-8 records.

Many people had predicted Djokovic would win, but no one predicted that he would demolish his rival so completely. The last time they played in the Australian Open finals, 7 years ago in 2012, the match was a 5-set classic that lasted nearly 6 hours! The win places Djokovic just two behind Nadal and now 5 behind Federer, and gives him another chance at the Nole Slam if he wins the French Open this year, which is very possible, if not likely.

Radiohead and Janet Jackson Among 2019 Rock and Roll Hall of Fame Inductees

This week comes the news that two of my favorite musical artists, Janet Jackson and Radiohead, have been inducted into the Rock and Roll Hall of Fame in 2019. It was Janet's 3rd attempt and Radiohead's first. The other 2019 inductees are: Stevie Nicks, The Cure, Def Leppard, Roxy Music and The Zombies.

AZ-SEN: Openly LGBT Kyrsten Sinema Wins!

Congressperson Kyrsten Sinema has won election to the United States  Senate from Arizona, defeating Congresswoman Martha McSally in a very close race. Sinema, 42, is the first female Senator from Arizona, and as a bisexual woman, only the second openly LGBTQ member of the "world's most exclusive deliberative body," following openly lesbian Tammy Baldwin of Wisconsin (who was re-elected last Tuesday) in Wisconsin with 55% of the vote. She will also be one of the youngest members of the U.S. Senate.

GODLESS WEDNESDAY: Ireland Votes To Abolish Blasphemy Laws

This past weekend voters in Ireland decided to abolish laws against blasphemy by approving a  referendum to remove the word "blasphemous" from the following clause in the constitution of the republic of Ireland:

The publication or utterance of blasphemous, seditious, or indecent matter is an offence which shall be punishable in accordance with law.

There was also a 2009 law on the books (the Defamation Act of 2009) which included blasphemy as an offense and had never been used but came to public notice in 2015 when openly gay actor Stephen Fry was investigated by the Irish police (after a complaint by an unknown  member of the public) for saying on Irish television "The god that created this universe, if it was created by a god, is quite clearly a maniac, utter maniac, totally selfish." Fry's potential legal jeopardy put the issue on the map, which eventually led to the referendum this week in which 64.85%  voted YES (43% turnout) to remove blasphemy from the Irish constitution. The government will follow with legislation to implement the will of the people to abolish the "crime" of blasphemy.

Good news!

Washington State Supreme Court Abolishes Death Penalty!

There are now twenty states that do not have the death penalty! Last week, the Washington State Supreme Court declared that state's death penalty unconstitutional in State v. Gregory, saying:

The death penalty is invalid because it is imposed in an arbitrary and raciallybiased manner. While this particular case provides an opportunity to specificallyaddress racial disproportionality, the underlying issues that underpin our holding are rooted in the arbitrary manner in which the death penalty is generally administered. As noted by appellant, the use of the death penalty is unequally applied—sometimes by where the crime took place, or the county of residence, or the available budgetary resources at any given point in time, or the race of the defendant. The death penalty, as administered in our state, fails to serve any legitimate penological goal; thus, it violates article I, section 14 of our state constitution.

The ruling is based entirely on the State constitution so it is not appealable to, or dependent on, the United States Supreme Court.

Hat/tip to ACLU

NSF Awards $9M To Advance STEM Leadership at HBCUs

The National Science Foundation has awarded up to $9 million to support the Center for the Advancement of STEM Leadership's goal of broadening participation by underrepresented minorities in science, technology, engineering and mathematics. Specifically, the Division of Human Resources Development in the Directorate for Education and Human Resources has approved a 4-way collaborative award to Fielding Graduate University (1818424), North Carolina A&T University (1818459), University of the Virgin Islands (1818425) and the American Association of Colleges & Universities (1818447) to 1) examine how intuitive, unwritten codes of excellence in leadership result in the broadening participation success of HBCUs and to integrate this knowledge into STEM higher education reform; 2) provide a community of scholars with a world-class leadership development program that integrates personal and institutional histories into broadening participation research and practice; and 3) assimilate the HBCU institutional narrative into the national undergraduate STEM reform knowledge base through mainstream outreach and knowledge transfer outlets.

Here's a quote from the press release announcing the award:

The University of the Virgin Islands (UVI), which houses several other NSF-funded projects, will lead the research component of the project. The research will focus on studying the nature of the leadership styles and strategies associated with the stellar record of HBCUs in graduating African Americans in STEM and in being national leaders in preparing African Americans for doctoral study in STEM. 

“Our faculty and students have perfected various models of success that must be researched, studied, compared to others and disseminated throughout the nation,” said Dr. David Hall, President of UVI. “The future of the U.S. and world economy turns on the work that is occurring in various STEM fields, and HBCUs play a critical role in attracting, developing and inspiring future leaders in this field. This is an awesome and humbling task that we and our partners are ready and willing to undertake.” 

North Carolina A&T State University, a leading HBCU research university in the STEM fields, will team with Fielding Graduate University, long known for its leadership studies programs, to conduct leadership development programming in broadening STEM participation for emerging academic leaders. Based on CASL’s research findings, this effort will seek to establish the foundation for informing HBCUs and all of American higher education on the research-based strategies for producing new leaders to broaden STEM participation. 

“Fielding is proud to be a part of advancing leadership in the STEM fields through the establishment of this collaborative national Center,” said Fielding President Dr. Katrina Rogers. “Since its founding, Fielding and its faculty have pioneered a model of quality graduate education that links research and practice in support of social change and justice. Receiving support from the National Science Foundation for CASL is an affirmation of this legacy and its promise for the future.” 

“As an institution with a long history of leadership in STEM disciplines, North Carolina A&T State University is truly excited about the timely creation of this new center for STEM leadership,” added Chancellor Harold L. Martin Sr. “As we and so many of our peer institutions scale up to meet the growing national demand for highly educated, well-prepared graduates in STEM professions, the work of this center will provide meaningful support for these efforts. Having well-prepared leadership for this important work is essential, both now and well into the future.” 

The Association of American Colleges and Universities, recognized nationally and internationally as the leading association dedicated to advancing the quality, vitality, and public standing of liberal education and inclusive excellence in higher education, will lead the knowledge transfer and outreach efforts of CASL. It will leverage its research findings to rightfully place HBCUs at the center of our nation’s effort to produce a more diverse and competitively trained STEM workforce. 

“CASL is exactly what we’ve needed in undergraduate STEM education reform for a very long time,” says AAC&U President Dr. Lynn Pasquerella. “This important work is in perfect alignment with AAC&U and our more than 1,400 member institutions who recognize that HBCUs are vital to sustaining our competitive edge in scientific discovery and innovation. I applaud the CASL leaders for their vision and foresight.” 

Although I used to work at the NSF, I had nothing to do with this award (I was in a different division in the same Directorate) but I think this is a great development! I hope CASL is successful at achieving its goals.

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!

2018 HUGOS: Jemisin Completes Historic Trifecta With 3rd Consecutive Best Novel Win

She did it! N.K. Jemisin won her third consecutive Hugo award for Best Novel, science fiction's most prestigious honor, for The Stone Sky, the third book in the Broken Earth trilogy. Jemisin became the first African-American woman to win the Hugo award for best novel in 2016 for The Fifth Season and after she repeated this feat in 2017 with The Obelisk Gate there was great suspense as to whether the Broken Earth trilogy would become the first science fiction trilogy where every entry won the Hugo award when nominations were announced earlier this year. Orson Scott Card (Ender's Game, Speaker for the Dead) and Vernor Vinge (A Deepness in the Sky, A Fire upon the Deep) each have won 2 Hugos for the first two entries in a series and Connie Willis and Lois McMaster Bujold have each won 3 Hugos for books in a series.

Here is her incredible acceptance speech


Amazing news!

NEWS: United States Places First In International Mathematics Olympiad

The U.S. team won first place at the 59th International Mathematical Olympiad (IMO), which took place in Cluj-Napoca, Romania on July 3-14, with 116 countries and 615 students participating. The USA Mathematical Olympiad Team cosisted of: Adam Ardeishar, Andrew Gu, Vincent Huang, James Lin, Michael Ren, and Mihir Singhal.  Individually they also took home five gold medals (Lin scored a perfect 42) and one silver medal. Gu, Huang, and Lin are returning IMO team members from 2017. Teams from Russia and China placed second and third, respectively

Hat/tip to American Mathematics Society and Mathematical Association of America.

POLL: Support for marriage equality now 67% Yes 33% No

I'm still on vacation in Iceland but could not resist posting the information that public support for marriage equality has now been completely inverted in the last two decades, from 2:1 opposition to 2:1 support! I have been working for and involved with the freedom to marry movement since the early 1990s so this result is quite heartwarming.

Hat/tip USA TODAY

UPDATE: Michael Johnson a.k.a. "Tiger Mandingo" Has Jail Time Reduced From 30 Year to 6 (Plus Parole)

This blog post provides an update in the ongoing saga of how a 23-year-old Black gay man who was sentenced to 30-years for consensual sex with other men in Missouri because he is HIV-positive and did not inform his partners of that fact. The man is named Michael Johnson (although he described himself online as "Tiger Mandingo") and he became a poster child for the excesses of HIV criminalization. His trial was marred by blatant homophobia, prurient descriptions of Black male sexuality and blunt race-baiting by the prosecution. The good news is that eventually his original draconian 30-year sentence was overturned and last year he agreed to a 10-year sentence instead.

The latest update on the Johnson case is there is news that parole has been granted but that it is going to be delayed for 18 months, so in effect he will end up serving 6 years of his 10 year term since he has been in prison since 2013 and he would be released in 2019.

Steven Thrasher at Buzzfeed reports:

Last month, Johnson appeared before the Missouri Board of Probation and Parole, where his friend, Meredith Rowan, attended as his delegate in the hearing. The board did not immediately respond to an email or phone call for comment, but Rowan said Johnson called her from prison today to tell her that his parole had been granted — with a delay. 

“Michael was excited that it got approved,” Rowan told BuzzFeed News. “I have to look at it that I have a date, and it’s only 18 months away, and it’s still a lot sooner than a 30-year sentence,” Rowan said Johnson told her. If released as planned, Johnson will have served 60% of his 10-year sentence. The date is contingent upon Johnson not accruing any violations.
Johnson’s lawyers, Eric Selig and Jessica Hathaway, confirmed the terms of Johnson’s parole. ”We had some hopes, because of all the support Michael had received and a couple of other factors, that he would get out at an earlier date,” Selig said. 

Johnson will live with Rowan and her family in Indiana when he is released, Rowan said. He will be supervised by parole officers for the duration of his 10-year sentence, until 2023. 

Laws that single out HIV are widespread in the US. At least “67 laws explicitly focused on persons living with HIV had been enacted in 33 states” by 2011, according to an analysis by the Centers for Disease Control and Prevention and researchers from the US Department of Justice. In Missouri, where Johnson was convicted, people living with HIV can face life in prison for exposing others to HIV if they have sex without first disclosing that they have the virus.

We at this blog have been following this case from the beginning because it seemed like such an egregious example of abuse in the criminal justice system intersecting with homophobia, race and HIV stigma.

CELEBRITY FRIDAY: LGBT Mathematician Moon Duchin Wins Prestigious Guggenheim Fellowship

Moon Duchin is an out lesbian mathematics professor at Tufts University who has just become the sole pure mathematician in the 2018 class of Guggenheim Fellows. Here's the official announcement:

Moon Duchin is a mathematician at Tufts University, where she is also a Senior Fellow in the Tisch College of Civic Life and serves as the founding director of the interdisciplinary program in Science, Technology, and Society. She majored in Mathematics and Women's Studies at Harvard and received her PhD in Mathematics from the University of Chicago. 

Duchin's research in pure math lies in geometric group theory, low-dimensional topology, and dynamics. An area of particular interest is nilpotent geometry, or the shape of groups that fail to be commutative in a controlled way. She has studied random walks, random groups, and rigidity theorems for surfaces and billiards. She is also interested in the social studies of science, particularly the role of expertise, authority, intuition, and proof. 

Duchin is currently engaged in a long-term project on the geometry of gerrymandering, an application of mathematics to civil rights. She has worked to build a national network of collaborators doing wide-ranging work on mathematical and computational interventions in electoral redistricting. They aim to engage the legal, political, and philosophical dimensions of the gerrymandering problem, working closely with civil rights organizations. Duchin recently served as a consultant for the governor of Pennsylvania in the court-mandated push to redraw the congressional map.

I know Moon relatively well, having spent a 3 days attending the latest Geometry of Redistricting Workshop at the University of San Francisco last month. I'm not surprised she has been recognized by the Guggenheim Foundation, I think that she should also be considered for an even more prestigious award, the MacArthur Foundation Fellowship, in the near future.

Congrats, Moon!

CELEBRITY FRIDAY: Danica Roem Elected Virginia's 1st Transgender State Legislator

Danica Roem made history on Tuesday night by becoming the first transgender person elected to the Virginia House of Delegates as a Democrat. Some news outlets falsely were claiming that Roem was the first transgender person ever elected to a state legislature, unfortunately forgetting the historical achievement of Althea Garrison who was elected as a legislator in Massachusetts in 1993 (as a Republican!). The first out transgender person to be elected to a state legislature is Stacie Laughton who was elected in New Hampshire in 2012. Even as someone who has taught LGBT history multiple times I was unaware of Laughton's or Garrison's feats prior to this week so it is hard to fault the media in their error with Roem.

Another amazing aspect of Roem's victory is that she did it by soundly (54% to 45%) defeating Bob Marshall, who was a 13-term incumbent in the Virginia legislature and who is notoriously homophobic and transphobic and referred to by the Washington Post as the state's "most socially conservative state lawmaker." He refused to debate Roem and he and his party referred to Roem by the incorrect gender.

Germany's Marriage Equality Law Is Now In Effect!

Germany's equal marriage law, called "marriage for all" went into effect on yesterday. It was passed on June 30 by a vote of 393-226 in the German parliament when Chancellor Angela Merkel's governing coalition agreed to allow a free vote on the matter, even though she herself voted against the measure. The bill was signed into law by the German president in late July.

The first couple to be married under the legislation was a gay male couple from Berlin named Karl Kreile and Bodo Mende who had been together for 38 years.

The fact that Germany now has marriage equality was one reason my husband I decided to finally visit Berlin in August for our 9th wedding anniversary.

Hat/tip to the Washington Blade.

UPDATE: Michael Johnson Accepts 10-Year Plea Deal In HIV Transmission Case

There is an update in the infamous Michael Johnson case: where a 23-year-old Black gay man was sentenced to 30 years in prison under Missouri's discriminatory HIV criminalization statute after a trial influenced by homophobia and racism. Happily, the 30-year sentence was overturned last year.
The news comes that Johnson has agreed to a plea deal where he gets a 10-year prison sentence (including the 4 years he has already served). He is entering an "Alford plea" which says that he agrees that the state has enough evidence to convict him of a crime.

The Center for HIV Law and Public Policy issued a press release on the Johnson case:

New York, NY, September 21, 2017 – Today, in conclusion to a prosecution short on fairness and riddled with questions about racism and homophobia, Michael Johnson entered a plea in the St. Charles County Circuit Court in Missouri. Earlier this year, a state appeals court vacated his original conviction due to prosecutorial misconduct that, according to the court, made Johnson’s first trial “fundamentally unfair.” 

However, because Missouri’s HIV criminal law hinges liability on whether or not the defendant can prove he disclosed his HIV status prior to sex – a virtual impossibility in most instances – Johnson decided to accept a plea deal that credits him with time served. Under Missouri’s law, one of the harshest in the country, Johnson could have faced up to 96 years in prison if found guilty. 

“It is disturbing that Michael is not yet a free man and was not exonerated after his years-long struggle for justice, but we respect and support his decision not to risk a life behind bars,” said Mayo Schreiber, Deputy Director of the Center for HIV Law and Policy (CHLP). “It likely is the end of his case, but our work to bring an end to HIV criminal laws like Missouri’s continues.” 

Johnson, who was 21-years-old at the beginning of this case, entered a no-contest plea to charges that he had sex with partners without first advising them of his HIV status. In exchange, he has accepted a sentence of 10 years in state prison, which will include time already served since his arrest nearly four years ago.  He previously had been sentenced to 30 years in prison before the appeals court threw out the original conviction. 

Prior to his arrest in 2013, Johnson was a promising young college student and star athlete. His prosecution has drawn condemnation from state and national organizations and individuals uniformly outraged by his conviction and opposed to these fundamentally unfair laws being used to prosecute people living with HIV and, disproportionately, like all other criminal laws in the United States, people of color.

In related news, this week the California state legislature passed SB 239, which modernizes the state's laws around HIV transmission so that HIV is treated like other communicable diseases.

Hat tip to TowleRoad

GODLESS WEDNESDAY: Australians Becoming Much More Godless!

There's some interesting news out of Australia and the changing (decreasing) prevalence of religiosity among their populace. They conduct a census every 5 years and one of the questions they ask is about religion.

The 2016 results were published this week:

After decades of rapid growth, the number of Australians marking “no religion” on their census forms has for the first time surpassed Catholicism as the most common answer to a prompt in the country's 2016 Census about religion, according to data released Monday. If all Christian denominations are considered together, they would make up just over half of respondents. 

The number of respondents who identified as nonreligious — 30.1 percent — almost doubled from 15.5 percent in 2001. Less than 1 percent identified that way in 1966, the year Australia lifted its “White Australia Policy,” which opened up immigration to non-Europeans and kicked off broader demographic changes. Australia's population has also more than doubled since then.

Hmmm, so we learn several things from this excerpt. First, Australia had a "White Australia Policy" until 1966! Secondly, 30% of Australians identify as essentially irreligious (or "Godless" as we like to say around here). That compares pretty favorably to the rate in the United States, which PRRI estimates to be 25% (in 2016). The following graph also indicates that the growth in the fraction of the population in the United States that is "religiously unaffiliated" has changed dramatically in the last few decades.

Hat/tip to Washington Post and PRRI

#RF18 T-Shirt NowNot Available!

Nike announced a t-shirt celebrating Roger Federer's 18th grand slam singles win at the 2017 Australian Open but it looks like it now sold out.

I want one of these! Surely these will become a best-seller if they sell these at all the other major tournaments?