Saturday, December 21, 2013

QUEER QUOTE: Barbados PM Responds Positively To LGBT Rights Inquiry


After the horrible news of the passage of virulently anti-gay legislation in Uganda that could lead to sentences of life imprisonment for homosexuality, it is nice to report some good news from another part of the world where people of color predominate.

In Barbados, which is one of the 77 countries which still has a sodomy law, Prime Minister Freundel J. Stewart has responded respectfully and positively to an inquiry from one of the few organized LGBT advocacy groups in the Eastern Caribbean country.

The following excerpt from his letter is today's Queer Quote:
I wish to acknowledge receipt of your letter dated November 5, 2013. In your letter,  you requested that Barbados, in the person of the Prime Minister, seek at this year's Commonwealth Heads of Government Meeting in Sri Lanka to have included in the agenda of the Meeting in 2015, an item on the rights of gays, lesbians, bisexuals and transgendered persons. 
Although matters of State did not allow me to attend the 2013 meeting, I wish to assure you that Barbados remains committed to the principles enshrined in the Universal Declaration of Human Rights and will continue, therefore, to lend its voice to calls both regional and international fora for the elimination of all forms of discrimination including discrimination against persons of differing sexual orientation.
This response is reminiscent of the letter the Prime Minister of Trinidad and Tobago wrote last year expressing her "personal" support for LGBT rights.

Anyway, it is indicative of a modicum of progress on LGBT rights in the region. Perhaps in addition to calling for an end to discrimination in regional and international fora PM Stewart might want to insure that his country has enacted legal prohibitions against LGBT discrimination.

Jus' sayin'.

Friday, December 20, 2013

Same-Sex Marriage Now Legal In Utah After Federal Judge Strikes Down Marriage Ban


Well, well, well! While I was incommunicado watching The Hobbit: The Desolation of Smaug this afternoon apparently there was some amazing breaking news. Federal judge Robert Shelby issued a ruling which struck down Utah's voter-passed constitutional amendment banning same-sex marriage and refused to issue a stay of his decision, which means that same-sex couples can now get married in the Beehive state. There is a keen sense of irony that this is occurring in Utah, which is the location of the Mormon Church, one of the most virulent opponents of marriage equality and LGBT rights throughout the country.

The Church of Jesus Christ of Latter-Day Saints issued a statement:
 The Church has been consistent in its support of traditional marriage while teaching that all people should be treated with respect. This ruling by a district court will work its way through the judicial process. We continue to believe that voters in Utah did the right thing by providing clear direction in the state constitution that marriage should be between a man and a woman and we are hopeful that this view will be validated by a higher court.
The Governor of Utah, Republican Gary Hebert said:
"I am very disappointed an activist federal judge is attempting to override the will of the people of Utah. I am working with my legal counsel and the acting Attorney General to determine the best course to defend traditional marriage within the borders of Utah."
The full text of the decision can be accessed here.

Ian Milhiser analyzed the ruling at Think Progress:
Beyond Judge Shelby’s conclusion that marriage is a question of constitutional rights, not one of states’ rights — as he explains, “the Fourteenth Amendment requires that individual rights take precedence over states’ rights where these two interests are in conflict” — Shelby’s opinion appears designed to tear down whatever intellectual infrastructure remains supporting marriage discrimination.
The leading argument advanced by supporters of discrimination in same-sex marriage cases is that marriage is necessarily tied to procreation, so same-sex couples can be excluded because they cannot produce biological offspring. Yet, as Shelby points out, the ability to procreate is not “a defining characteristic of conjugal relationships from a legal and constitutional point of view.” Such an argument does not simply “demean[] the dignity” of same-sex couples, it also degenerates “the many opposite-sex couples who are unable to reproduce or who choose not to have children.” Indeed, under Utah’s argument for maintaining marriage discrimination, “a post-menopausal woman or infertile man does not have a fundamental right to marry because she or he does not have the capacity to procreate.”
Additionally, opponents of marriage equality who cheered Justice Antonin Scalia’s sharply worded dissent in Lawrence v. Texas — another landmark gay rights opinion — may come to regret Scalia’s words after reading Judge Shelby’s opinion. Scalia wrote in Lawrence that “[t]oday’s opinion dismantles the structure of constitutional law that has permitted a distinction to be made between heterosexual and homosexual unions, insofar as formal recognition in marriage is concerned.” Shelby’s opinion proclaims that Scalia was right.
Oh the delicious irony. Will noted homophobe Justice Antonin Scalia disavow his dissent in Lawrence in order to deny a fundamental right to marry that he announced the Supreme Court would be powerless to prevent from being articulated if private sexual relations were removed from governmental regulation? It will be fascinating to see what happens when this decision goes to the Tenth Circuit Court of Appeals to the Supreme Court in the future.

But right now, astonishingly, Utah is the 18th state in the union to have enacted marriage equality, and the first very red state to do so. Presumably, same-sex couples will be able to get civil marriage licenses and get married in Utah (no waiting period!) until a stay is issued by a higher court, which could happen as early as Monday.

Hat/tip to Joe.My.God

BAD NEWS: Uganda Parliament Passes Anti-Homosexuality Bill


Oh no! Since 2009, MadProfessah and LGBT activists around the world have been watching Uganda carefully because the Parliament has been considering draconian anti-gay legislation which would have imposed harsh sanctions on homosexual behavior, including the death penalty in some instances. The bill has been widely condemned, including by the President of the United States and many members of Congress.

Today comes word that the Uganda Parliament has given final passage to the Anti-Homosexuality Bill of 2009.
Uganda's parliament has passed a bill to toughen the punishment for homosexual acts to include life imprisonment in some cases.
The anti-homosexuality bill also makes it a crime punishable by a prison sentence not to report gay people.
 
[...] 
The private member's bill originally proposed the death penalty for some offences, such as if a minor was involved or the perpetrator was HIV-positive, but this has been replaced with life in prison. 
[...] 
The bill also bans the promotion of homosexuality. 
"I am officially illegal," Ugandan gay activist Frank Mugisha said after the vote. 
The bill's supporters say it is needed to protect traditional family values, which they say are under attack from Western-inspired gay rights groups. 
Its critics say the bill has been pushed by some US evangelical Christians.
Uganda is a socially conservative country and on Thursday passed an Anti-Pornography Bill, which bans miniskirts and sexually suggestive material such as some music videos.
This is very sad news. It will be interesting to see what the result will be. I doubt the bill will actually become law.

Hat/tip to Joe.My.God

CELEBRITY FRIDAY: Brian Boitano, Olympic Figure Skater, Comes Out As Gay


Brian Boitano is a former Olympic figure skater who won the 1988 Gold medal in Men's Figure Saking and was named this week by President Obama to a delegation to the Winter  Olympics in Sochi, Russia. The Sochi Olympics are becoming a media controversy because they are being held in a notoriously homophobic country so it was notable that the American delegation did not include any high-ranking elected or appointed officials but did include two openly LGBT individuals: tennis great Billie Jean King  and hockey player Caitlin Cahow.

Boitano, 50, was also named to the Sochi delegation and although his sexuality had long been gossiped about, Boitano made it official that he is a gay man by releasing this statement:
I am currently skating in Europe but want to provide a statement regarding my appointment to the Olympic delegation. I have been fortunate to represent the United States of America in three different Olympics, and now I am honored to be part of the presidential delegation to the Olympics in Sochi. It has been my experience from competing around the world and in Russia that Olympic athletes can come together in friendship, peace and mutual respect regardless of their individual country's practices. 
 
It is my desire to be defined by my achievements and my contributions. While I am proud to play a public role in representing the American Olympic Delegation as a former Olympic athlete, I have always reserved my private life for my family and friends and will continue to do so. I am many things: a son, a brother, and uncle, a friend, an athlete, a cook, an author, and being gay is just one part of who I am. First and foremost I am an American athlete and I am proud to live in a country that encourages diversity, openness and tolerance. As an athlete, I hope we can remain focused on the Olympic spirit which celebrates achievement in sport by peoples of all nations.
So, now there are three openly gay members of the delegation to the Sochi Olympics. This should get interesting!

Thursday, December 19, 2013

New Mexico Sup. Ct. Rules Unanimously In Favor Of Marriage Equality!


As expected, the New Mexico State Supreme Court has ruled in favor of marriage equality, making the Land of Enchantment the 17th state to end marriage discrimination against same-sex couples.

The Albuquerque Journal reports:
The New Mexico Supreme Court on Thursday ruled in favor of same-sex couples, granting them all the same rights of marriage enjoyed by heterosexual couples.
The court’s 31-page opinion states, in part, that: “All rights, protections, and responsibilities that result from the marital relationship shall apply equally to both same-gender and opposite-gender married couples.”
New Mexico joins 16 other states, the District of Columbia, and several Native American tribes in recognizing same-sex unions.
Justice Edward Chavez, who authored the unanimous opinion, rejected arguments made during an October hearing by opponents of same-sex marriage.
“Procreation has never been a condition of marriage under New Mexico law, as evidenced by the fact that the aged, the infertile, and those who choose not to have children are not precluded from marrying,” Chavez wrote in his opinion.
However, the ruling also stipulated that religious clergy who do not agree with same-sex marriage are not required to perform marriage ceremonies for gay and lesbian couples.
After eight of the state’s 33 counties began issuing marriage licenses to gay and lesbian couples earlier this year, county officials petitioned the court to provide a state-wide ruling.
The court ruled that county clerks must issue marriage licenses to couples regardless of gender, and that licenses issued to same-sex couples prior to the ruling must be recognized. More than 1,400 same-sex couples have been issued marriage licenses in New Mexico since August.
Woo hoo! It is interesting that the last two State Supreme Court ruling on marriage equality have been unanimous (Griego in New Mexico and Varnum in Iowa).

Hat/tip to Joe.My.God

POLL: Supermajority Support for Federal Minimum Wage of $10.25


A new poll from ABC News indicates that there is strong popular support for an increase in the hourly minimum wage from the current level of $7.25. The last increase was in 2009; President Obama called for Congress to raise it to $9.00 and has endorsed pending legislation that would increase it to $10.10.
This poll, produced for ABC by Langer Research Associates, offered pro and con arguments on the issue, noting that some say the minimum wage should be raised “to help low-income workers get by,” while others say taking such action “will lead some businesses to cut jobs.” The result is 2-1 in favor: Sixty-six percent support raising the minimum wage, while 31 percent oppose it.
Intensity of sentiment is even more lopsided: Nearly half, 48 percent, “strongly” support raising the minimum wage, vs. 20 percent who are strongly opposed.
Told its current level and asked what the minimum wage should be, Americans, on average, say $9.41 per hour. That rises to $10.25 just among those who favor raising the minimum wage.
[...]
In partisan terms, support for a higher minimum wage peaks at 85 percent among Democrats and liberals alike, and also draws 71 percent of moderates and 65 percent of independents. Support declines to 50 percent of Republicans and 46 percent of strong conservatives.
This is an issue that progressives should promote in 2014 and beyond.

Wednesday, December 18, 2013

GODLESS WEDNESDAY: New Poll Documents Declining Belief In God


A new poll from Harris Interactive documents the decline in the belief of God among U.S. adults over the last few years.
A new Harris Poll finds that while a strong majority (74%) of U.S. adults do believe in God, this belief is in decline when compared to previous years as just over four in five (82%) expressed a belief in God in 2005, 2007 and 2009. Also, while majorities also believe in miracles (72%, down from 79% in 2005), heaven (68%, down from 75%), that Jesus is God or the Son of God (68%, down from 72%), the resurrection of Jesus Christ (65%, down from 70%), the survival of the soul after death (64%, down from 69%), the devil, hell (both at 58%, down from 62%) and the Virgin birth (57%, down from 60%), these are all down from previous Harris Polls. 
Belief in Darwin's theory of evolution, however, while well below levels recorded for belief in God, miracles and heaven, is up in comparison to 2005 findings (47%, up from 42%). 
[...] 
The survey also finds that 42% of Americans believe in ghosts, 36% each believe in creationism and UFOs, 29% believe in astrology, 26% believe in witches and 24% believe in reincarnation - that they were once another person.
Note that even though belief in God is declining, nearly three-quarters of Americans still say that they believe in this all-powerful, all-knowing being. Ugh.
The good news is that nearly half of Americans (47%) believe in evolution.  Which must be surprising news to some Texas politicians.
Hat/tip to Friendly Atheist

Governor Corbett (R-PA) Endorses LGBT Rights Bill

Republican Governor Tom Corbett of Pennsylvania (widely regarded as the most unpopular incumbent Governor in the country) surprised many when he announced that he is endorsing a bill that would prohibit discrimination on the basis of sexual orientation and gender identity.

The Philadelphia Inquirer reports:
Corbett, who has previously staked out conservative positions on social issues, told The Inquirer that he was "coming out in support" of the bill after learning that federal law does not cover discrimination in the state.

"I've had people come and talk to me about how they were discriminated against," said Corbett, who served for eight years as the state's attorney general. "The federal government has antidiscrimination laws. I believed they covered it."

Corbett's support of legislation that has languished in the General Assembly for a decade is viewed by many advocates as a major step forward on a civil rights issue.

"This is remarkably big news," said Ted Martin, executive director of Equality Pennsylvania, a statewide gay rights advocacy group. "His leadership will move the issue forward in a way that is long overdue."

Currently, 23 states, including all of the Northeastern United States, and 33 Pennsylvania municipalities have nondiscrimination laws that include sexual orientation and gender identity.

Also, 23 Fortune 500 companies based in Pennsylvania have similar nondiscrimination policies.
Of course if the Employment Non-Discrimination Act (ENDA) was enacted it would change federal law to prohibit anti-LGBT workplace discrimination nationwide. It is truly bizarre that Corbett is claiming that after serving 8 years as Pennsylvania's attorney general he did not know that there was no statewide law against LGBT discrimination in the Keystone state.

Openly gay legislator Brian Sims introduced HB 300 (the bill that Corbett endorsed) this past May.

Hat/tip to LGBT Think Progress

Tuesday, December 17, 2013

TENNIS TUESDAY: Francis Tiafoe, 15, Wins 2013 Orange Bowl


Francis Tiafoe, a 15-year-old African American who last year was the subject of a front page New York Times profile, won the 2013 Orange Bowl Boys' 18 and Under Singles title this weekend. Tiafoe defeated another American, Stefan Kozlov (who is also 15), in the championship match 7-6(3) 0-6 6-3. By winning, Tiafoe became the youngest 18-and-Under Boys Singles champion of the Dunlop Orange Bowl, the most prestigious junior tournament in the world. Previous winners of this title include Jim Courier (1987), Roger Federer (1998), Andy Roddick (1999), Robin Soderling (2001), and Marcos Baghdatis (2003). However, there are also many previous winners of the 67-year-old tournament who never went on to win a professional tennis tournament.

The all-American final of the Orange Bowl was the first time since 2004, when Timothy Neilly (who??) won the title.

Could Tiafoe become the future face of American men's tennis? I should note that Donald Young won the Under-16 Orange Bowl title in 2003.

Interestingly, Francis has a twin brother named Franklin who also plays tennis. The family lives in College Park, Maryland.

Monday, December 16, 2013

REPORT: LGBT Philanthropy Has Increased 400% Between 2003-2012

A new report from Funders for LGBTQ Issues indicates that the funding for organizations that advocate for LGBT equality has increased dramatically in the last decade. From 2003 the total granted by philanthropic sources was about $30 million while in 2012 it had increased to over $120 million.

From the overview:
In 2012, U.S. foundations awarded 4,068 grants totaling $121.4 million to support organizations and programs addressing lesbian, gay, bisexual, transgender, and queer (lGBTQ) issues. This is roughly a one percent decrease from 2011, when we identified $123 million in grants for lGBTQ issues. 
Foundations also granted an additional $12.7 million to public foundations and other intermediaries for the purposes of re-granting to lGBTQ communities — more than double the $5.5 million awarded for re-granting in 2011. with re-granting dollars included, lGBTQ grantmaking totaled $134 million, a record high. we generally exclude these dollars from our analysis to avoid double-counting. However, dollars awarded through intermediaries are not necessarily re-granted in the same calendar year. Given the high dollar amount awarded for re-granting in 2012, some of the modest decrease in total lGBTQ grants may be more due to the cyclical nature of re-granting initiatives than to any substantive decline. 
In addition, the Arcus Foundation, one of the top lGBTQ funders, conducted a strategic review in 2012 that led to the launch of a new lGBTQ strategy in early 2013. Although Arcus’s lGBTQ grantmaking has since returned to its previous run rate, transition to the new strategy resulted in an $8-million decrease in that foundation’s lGBT grantmaking in 2012, significantly reducing the overall total in comparison to 2011. Arcus’s 2013 lGBTQ grantmaking is currently on track to achieve its previous level of about $16 million. This further indicates that this year’s slight decrease in total dollars is an aberration. However, it also demonstrates the vulnerable position of lGBTQ funding, which remains highly sensitive to any fluctuations in the handful of top funders that provide the lion’s share of foundation support for LGBTQ communities. 
Generally, the level of lGBTQ funding was stable in 2012, a likely temporary pause in its broader trajectory of growth.
The report goes on to note that just 0.24% of all philanthropic dollars, i.e. twenty-four cents out of 100 dollars, goes to support LGBT issues nationwide.

The top ten private funders for LGBT advocacy are:


Read the entire report, there is very interesting information there.

QUEER QUOTE: Social Security Head Confirms Payments to Beneficiaries In Same-Sex Marriages


The acting head of the Social Security Administration, Carolyn W. Colvin, announced today that some payments have been made to people who are in legal same-sex marriages.
"I am pleased to announce that, effective today, Social Security is processing some widow’s and widower’s claims by surviving members of same-sex marriages and paying benefits where they are due. In addition, we are able to pay some one-time lump sum death benefit claims to surviving same-sex spouses. As I stated shortly after the Supreme Court decision on Section 3 of the Defense of Marriage Act, our goal is to treat all Americans with dignity and respect. 
We ask for continued patience from the public as we work closely with the Department of Justice to develop policies that are legally sound so we can process claims. 
If you believe you may be eligible for Social Security, I encourage you to apply now to protect against the loss of any potential benefits. We will process claims as soon as additional instructions become finalized."
 More information about how the SSA will treat same-sex couples can be accessed here.

Hat/tip to Joe.My.God

Eye Candy: Eliad Cohen (reprise)




Eliad Cohen first appeared on MadProfessah.com as Eye Candy on August 4, 2013. Even though Hanukkah is over now, I still thought it would be fun to bring back Eliad for another view.  He is a popular Israeli model and openly gay entrepeneur. And has a mesmerizing chest!

Happy Holidays!

Sunday, December 15, 2013

WATCH: 1st Trailer for Christopher Nolan's Interstellar

The first teaser trailer for Christopher Nolan's Interstellar was released yesterday, and already has well over 1 million views on YouTube. The film stars Matthew McConnaughey (Dallas Buyers Club), Jessica Chastain (Zero Dark Thirty) and Anne Hathaway (The Dark Knight Rises, Les Miserables). Sir Michael Caine makes an appearance, as well, of course, as he does in almost all of Nolan's films.

Nolan's Inception was my favorite movie of 2010 and is one of my favorite movies of all time. To say I am looking forward to November 7, 2014 is an understatement!

The short description of Interstellar is "A group of explorers make use of a newly discovered wormhole to surpass the limitations on human space travel and conquer the vast distances involved in an interstellar voyage."

Get excited!

12/15/1973: Homosexuality Removed From Psychiatric Disorders List

40 years ago today one of the most significant victories in the nascent fight for LGBT equality was achieved: the American Psychiatric Association removed homosexuality from its list of psychiatric disorders, effectively declaring that being gay was not considered an illness by the scientific community.

The New York Times reported the news of the change at the time:
The American Psychiatric Association, altering a position it has held for nearly a century, decided today that homosexuality is not a mental disorder. The board of trustees of the 20,000 member organization approved a resolution that said in part, “by itself, homosexuality does not meet the criteria for being a psychiatric disorder.” Persons who are troubled by their homosexuality, the trustees said, will be classified as having a “sexual orientation disturbance” should they come to a psychiatrist for help.
The actual text of the resolution passed by the APA's board of trustees on December 15, 1973 included this paragraph:
For a mental or psychiatric condition to be considered a psychiatric disorder, it must either regularly cause subjective distress, or regularly be associated with some generalized impairment in social effectiveness or functioning. With the exception of homosexuality (and perhaps some of the other sexual deviations when in mild form, such as voyeurism), all of the other mental disorders in DSM-1 fulfill either of these two criteria. (While one may argue that the personality disorders are an exception, on reflection it is clear that it is inappropriate to make a diagnosis of a personality disorder merely because of the presence of certain typical personality traits which cause no subjective distress or impairment in social functioning. Clearly homosexuality, per se, does not meet the requirements for a psychiatric disorder since, as noted above, many homosexuals are quite satisfied with their sexual orientation and demonstrate no generalized impairment in social effectiveness or functioning.
As Linda Hirshman says in her book Victory: The Triumphant Gay Revolution, back then homosexuality was considered "criminal, sinful, crazy and subversive" at the time. After the APA decided homosexuals were no longer considered "crazy" in 1973 a significant step towards a future of full LGBT equality was made. Of course, now that it is 40 years later full LGBT equality still has not been achieved but we are much closer to that future thanks to the actions by the APA on December 15, 1973.

Hat/tip to Box Turtle Bulletin

Saturday, December 14, 2013

"Thrift Shop" by Macklemore & Ryan Lewis Named #1 Song of 2013


Just a week after they received seven Grammy nominations, the independent rap duo Macklemore & Ryan Lewis have had their smash hit "Thrift Shop" acknowledged as the #1 hit song for 2013 by Billboard magazine.
1. Thrift Shop - Macklemore & Ryan Lewis featuring Wanz2. Blurred Lines - Robin Thicke featuring T.I. + Pharrell3. Radioactive - Imagine Dragons4. Harlem Shake - Baauer5. Can't Hold Us - Macklemore & Ryan Lewis featuring Ray Dalton6. Mirrors - Justin Timberlake7. Just Give Me A Reason - Pink featuring Nate Ruess8. When I Was Your Man - Bruno Mars9. Cruise - Florida Georgia Line featuring Nelly10. Roar - Katy Perry
In fact, as you can see, Macklemore & Lewis have two of the top 5 biggest songs of 2013, with their other huge smash "Can't Hold Us" coming in at #5. This is something of a surprise because "Blurred Lines" was a #1 song for a ridiculous 12 weeks this summer.  "Royals" by New Zealand teen phenom Lorde spent 8 weeks in 2013 but because the song was released late in the year it came in at #15. As Joe Jervis says, it is "f***ing awesome" that the most visible straight allies in pop music have the #1 song of 2013. "Thrift Shop" has nearly a half-billion views on YouTube.

How many of these tracks do you recognize? I think I could recognize them all if I heard them except for #9. My favorite of this group is probably a tie between #5 and #10.

Hat/tip to Joe.My.God

Friday, December 13, 2013

QUEER QUOTE: Pentagon Announces Victory On Same-Sex Benefits Issue


Good news! It appears that the controversy is now over about whether certain states who have public policies (e.g. state constitutional amendments and/or homophobic politicians) that they claim mean that they are allowed to not recognize same-sex marriages for any purpose will be forced to process applications from same-sex couples who are requesting federal benefits from the National Guard.

Secretary of Defense Chuck Hagel had previously made clear that the National Guard is ultimately under the control of the Pentagon and his interpretation of Department of Defense policy and declared that all military service members would be treated equally, regardless of the local beliefs about same-sex marriage.

The Pentagon released a statement from Hagel which is today's Queer Quote:
On Oct. 31, I called on the chief of the National Guard Bureau to work with several states to fully implement Department of Defense policy by providing DoD identification cards to all eligible military spouses, regardless of sexual orientation.  Following consultations between the National Guard Bureau and the adjutants general of the states, all eligible service members, dependents and retirees - including same-sex spouses - are now able to obtain ID cards in every state. All military spouses and families sacrifice on behalf of our country.  They deserve our respect and the benefits they are entitled to under the law.  All of DoD is committed to pursuing equal opportunities for all who serve this nation, and I will continue to work to ensure our men and women in uniform as well as their families have full and equal access to the benefits they deserve.
Politicians like Oklahoma Governor Mary Fallin decided to stop processing all applications from married couples in order to not have to process applicants from married same-sex couples.

However, now it seems like all married couples are being provided equal access to federal DoD benefits.

Great news!

Chai Feldblum, "Mother of ENDA," Confirmed to 2nd EEOC Term


Good news! Chai Feldblum, a commissioner on the federal Equal Employment Opportunity Commission, has been confirmed by a vote of 54-41 to a second term. Feldblum herself tweeted the news yesterday:


Feldblum is widely known as the "mother of ENDA," and also as the longtime partner (and wife?) of Nan Hunter, a well-respected Professor of Law at Georgetown who is an expert on LGBT jurisprudence.

In her first term on the EEOC, Feldblum was instrumental in the EEOC's unanimous Macy v. Holder ruling that interprets the prohibition against workplace discrimination found in Title VII of the 1964 Civil Rights Act to include transgender individuals. This means that just like employment discrimination based on race is prohibited nationwide, employment discrimination against transgender people is also illegal.

This is somewhat surprising since there is no federal law that prohibits discrimination against LGBT people in employment, which is precisely what ENDA (the Employment Non-Discrimination Act) is intended to do. ENDA passed the United States Senate for the first time earlier this year but is now pending in the U.S. House, where Republicans are not expected to bring it to a vote.

Hat/tip to Karen Ocamb

Thursday, December 12, 2013

77 Countries Around The World Have Laws Banning Homosexuality


The disappointing news that India had recriminalized sodomy through a  court ruling yesterday has drawn attention to the fact that there are now 77 countries around the world that have laws banning homosexuality around the world. India's unfortunate action alone impacted over 1/6th of the world's population!

Business Insider has the full list of countries where LGB people are de facto (and de jure) criminals:
  1. Afghanistan
  2. Algeria
  3. Angola
  4. Antigua and Barbuda
  5. Bangladesh
  6. Barbados
  7. Belize
  8. Bhutan
  9. Botswana
  10. Brunei
  11. Burundi
  12. Cameroon
  13. Comoros
  14. Dominica
  15. Egypt
  16. Eritrea
  17. Ethiopia
  18. Gambia
  19. Ghana
  20. Grenada
  21. Guinea
  22. Guyana
  23. India
  24. Iran
  25. Jamaica
  26. Kenya
  27. Kiribati
  28. Kuwait
  29. Lebanon
  30. Liberia
  31. Libya
  32. Malawi
  33. Malaysia
  34. Maldives
  35. Mauritania
  36. Mauritius
  37. Morocco
  38. Mozambique
  39. Myanmar
  40. Namibia
  41. Nauru
  42. Nigeria
  43. Oman
  44. Pakistan
  45. Palau
  46. Papua New Guinea
  47. Qatar
  48. Samoa
  49. São Tomé and Principe
  50. Saudi Arabia
  51. Senegal
  52. Seychelles
  53. Sierra Leone
  54. Singapore
  55. Solomon Islands
  56. Somalia
  57. South Sudan
  58. Sri Lanka
  59. St Kitts & Nevis
  60. St Lucia
  61. St Vincent & the Grenadines
  62. Sudan
  63. Swaziland
  64. Syria
  65. Tanzania
  66. Togo
  67. Tonga
  68. Trinidad and Tobago
  69. Tunisia
  70. Turkmenistan
  71. Tuvalu
  72. Uganda
  73. United Arab Emirates
  74. Uzbekistan
  75. Yemen
  76. Zambia
  77. Zimbabwe


Hat/tip to Joe.My.God

Wednesday, December 11, 2013

GODLESS WEDNESDAY: Time Person of the Year is Pope Francis


Time magazine has selected Pope Francis as the Person of the Year for 2013.

The other finalists were:
Bashar Assad, President of Syria (#4)
Jeff Bezos, Amazon Founder
Ted Cruz, Texas Senator (#5)
Miley Cyrus, Singer
Barack Obama, President of the United States
Hassan Rouhani, President of Iran
Kathleen Sebelius, Secretary of Health and Human Services
Edward Snowden, N.S.A. Leaker (#2)
Edith Windsor, Gay rights activist (#3)
Very cool to see Edith Windsor, lead plaintiff in the landmark Supreme Court case of United States v. Windsor that resulted in the end of the federal government's refusal to recognize legally married same-sex couples for the purpose of federal law.

Excerpts From Shockingly Homophobic India Supreme Court Sodomy Ruling

The ruling yesterday (from a 2-judge panel) of the India Supreme Court that reinstated a criminal sodomy law in the 1.1 billion-person nation is reverberating around the world. Here are some excerpts from the wildly anachronistic decision that overruled a previous judgment striking down Section 377 of the Indian Penal Code:
  • In its anxiety to protect the so-called rights of LGBT persons and to declare that Section 377 IPC violates the right to  privacy, autonomy and dignity, the High Court has extensively relied upon the judgments of  other jurisdictions.
  • The High Court is not at all right in observing that Section 377 IPC obstructs personality development of  homosexuals or affects  their  self-esteem because that observation is solely based on the reports prepared by the academicians
  • The impugned order (Delhi High Court order) does not discuss the  concept  of  "carnal
  • intercourse against the order of nature" and does not adequately show how the section violates the right to privacy. 
  • While reading down Section 377 IPC, the Division Bench of the High Court overlooked that a  miniscule fraction of the country's population constitute lesbians, gays, bisexuals or transgenders and in last more than 150 years less than 200 persons have been prosecuted (as  per  the  reported orders) for committing offence under Section 377  IPC. 
  • Unless a clear  constitutional violation is proved, this Court is not  empowered  to  strike  down  a  law merely by virtue of its falling into disuse or the perception of the society having changed as regards the legitimacy of its purpose and its need.
  • Abuse of power given by law does occur; but the validity of the law cannot be contested because of such an apprehension. Discretionary power is not necessarily a discriminatory power.
  • This Court has merely pronounced on the correctness of  the view taken by the Delhi High Court on the constitutionality of Section 377 IPC and found that the said section does not  suffer  from  any  constitutional  infirmity.
  • Notwithstanding this verdict, the competent legislature shall be free to consider the desirability and propriety of deleting Section  377  IPC from the statute book or amend the same as per  the suggestion made by the Attorney General.
"So-called rights"? This reads like outtakes from the much maligned 1986 decision of Bowers v Hardwick by the United States Supreme Court that upheld Georgia's criminal sodomy statute at the time and also mocked the idea of the basic dignity and constitutional protections of LGB persons.

A sad day for India and all those who believe in human rights around the world. What right does anyone have in criminalizing private, consensual sexual conduct between adults? How does their activity impact you?

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