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Florida Republicans Fight To Keep ‘Cohabitation’ Of Unmarried Couples Illegal

Thousands of unmarried couples who are living together in Florida may be surprised to learn that they are actually breaking the law. Under outdated and rarely enforced state laws that have been on the books since the late 1800s, “cohabitation” is actually a second-degree misdemeanor, punishable by $500 or up to 60 days in jail. The same penalty applies to adultery – which one Florida woman tried to have enforced for her cheating husband in 2006.

The Sun Sentinel reports that one Florida Republican is commendably trying to repeal these irrelevant laws — only to be met with mass opposition from his fellow Republicans including Gov. Rick Scott (R). These social conservatives won’t support his effort to finally legalize a common practice and would prefer that official condemnation of couples “living in sin” stay enshrined in state law:

Now, Rep. Ritch Workman, R-Melbourne, is on a mission to repeal the statutes penalizing adultery and cohabitation, as well as other laws he finds outdated, like a requirement that all bicycle riders keep one hand on the handle bars. [...]

Nobody else much wants to talk about it either.

Asked how Gov. Rick Scott felt about the measure, spokeswoman Amy Graham replied simply, “This isn’t an issue the governor is focused on.”

The bill has no Senate counterpart. And given the almost-certain opposition of social conservatives who lobby hard on “family values” issues, it’ll face tough sledding in an election year.

Consider the response of state Rep. Dennis Baxley, R-Ocala, who previously headed the Florida chapter of the Christian Coalition: “I’m not ready to give up on monogamy and a cultural statement that marriage still matters,” he said.

Cohabitation, especially among young couples, has become an increasing trend in recent years. The number of unmarried couples living together increased tenfold from 1960 to 2000, the U.S. Census says. It’s a practice that’s often derided by social conservatives, who fear that it is replacing traditional marriage.

However, maintaining the legal option of throwing these couples in jail seems a tad over-the-top, not to mention tragically out of touch with the reality of millions of Americans. In fact, one of Florida’s most prominent residents, NBA star LeBron James, is technically breaking the law by living in Miami with his high school sweetheart.

NEWS FLASH

Hung Jury Over Shooting Of Lawrence King | After eight weeks of testimony, the jury has been unable to reach a verdict over the fate of Brandon McInerney, the 17-year-old who shot his openly gay classmate Lawrence King twice in the back of the head in 2008. Though there is no doubt the killing took place, the defense pushed heavily for a voluntary manslaughter charge over a premeditated murder charge. The LA Times has more background on the trial.

NEWS FLASH

Dallas Mayor Proclaims ‘Stand Up Against Bullying Week’ | Noting that “9 out of 10 LGBT teens have reported being bullied at school,” Dallas Mayor Mike Rawlings has declared that Sept. 12-16 will be “Stand Up Against Bullying Week.” The observance corresponds with a visit from international rubgy star Ben Cohen, who is traveling the country raising awareness about anti-LGBT bullying. (HT: The Dallas Voice.)

Duncan Hunter Discourages Unit Cohesion: Don’t ‘Pressure’ Troops To Accept Gay ‘Conduct’

Rep. Duncan Hunter (R-CA) has been one of the chief opponents of the repeal of Don’t Ask, Don’t Tell, having attempted — and failed — to delay the process by requiring the service chiefs to approve the repeal. He has also said the military “isn’t the YMCA” and that he didn’t trust the president, Secretary of Defense, or Chairman of the Joint Chiefs of Staff to make such a decision for the military. His latest effort to obstruct the repeal outdoes all his previous attempts, directly insulting the military’s integrity and contradicting the very “unit cohesion” argument that was used to oppose repeal. Here’s the text of the bill:

To amend Public Law 111-321 (Dont’ Ask, Don’t Tell Repeal Act of 2010) to require that… members of the Armed Forces are not pressured to approve of another person’s sexual conduct if that sexual conduct is contrary to the personal principles of the members.

Hereby dubbed the “Don’t Pressure Me!” bill, Hunter is attempting to defend troops’ right to be homophobic to their fellow servicemembers. It’s unclear if this bill somehow targets the trainings associated with DADT repeal or if it’s merely meant to symbolically enshrine disapproval of gays, lesbians, and bisexuals into United States Code. Either way, such a policy would negatively impact unit cohesion, making it difficult for commanding officers to resolve disputes and putting LGB servicemembers at greater risk for abuse and discrimination. It’s unclear how a policy of “not pressuring” would even be enforced.

Hunter seems willing to go to any length to ensure that people can be homophobic without repercussion. One wonders why he thinks it’s so important to protect such negative viewpoints, particularly when being out actually has positive impacts on teamwork and productivity. If anything, it’s clear that the success of the military is not his top priority — it’s discriminating against gays.

NEWS FLASH

California Church Evicts Gays, Claims FAIR Education Act ‘Sexualizes History’ | A California church evicted its gay and lesbian attendees last night while it discussed the FAIR Education Act, a new law requiring California schools to include the contributions of LGBT people in curricula. The KTLA news report highlighted Pastor Xavier Thompson’s claims that the bill “sexualizes history” over footage of a gay pride parade without properly characterizing what the law does, including the fact it also specifies the inclusion of people of color and people with disabilities as well. Watch the unbalanced report on the discriminating church:

(HT: The New Civil Rights Movement.)

The DADT Court Case Matters Despite The Impending Repeal

Today, the Log Cabin Republicans’ case against Don’t Ask, Don’t Tell continues with oral arguments before the Ninth Circuit Court of Appeals. Though DADT will officially be repealed 19 days from now, the case is still important for determining the constitutionality of the law. Tom Carpenter at LGBTPOV explains:

Judge Phillip’s decision had two parts. The first awarded declaratory relief, ruling that DADT infringed on the fundamental rights of current and prospective service members and violated their Fifth Amendment due process rights and their First Amendment rights of freedom of speech and petition.

The second part awarded injunctive relief, enjoining the government from enforcing or applying DADT and its implementing regulations, and ordering the government to suspend and discontinue investigations and discharge proceedings.

Lawyers for the Log Cabin Republicans will likely agree with the government that when repeal is finally in place, the second part of the decision will be moot, meaning “the issues presented are no longer ‘live’ or the parties lack a legally cognizable interest in the outcome.” However, the first part of the decision, finding the law unconstitutional, is not.

Given that several Republican presidential candidates — most recently Michele Bachmann — have called for the reinstatement of the discriminatory military policy, its constitutionality could have significance beyond its repeal Sept. 20. Metro Weekly has provided a FAQ on the case and the complicated course it has followed. Stay tuned for updates on today’s proceedings.

Five Things ‘Nightline’ Could Have Done Better In Its Special On Transgender Children

Cheryl Kilodavis wrote "My Princess Boy," about her son Dyson, who enjoys wearing dresses.

Last night, ABC’s Primetime Nightline ran an hour-long special on transgender identities, focusing in particular on the experiences of transgender young people. Overall, the special was positive and affirming, but it also fell into some journalistic traps and missed some important opportunities to highlight challenges the transgender community faces. Here are five critiques of last night’s special:

1. FALSE BALANCE: One of the five segments focused on an adult individual named Charles Kane, who transitioned to female and then back to male. Claiming that he regrets his transition, he had disparaging things to say about the transgender experience, including calling puberty blockers for young trans people “brainwashing.” His experiences are unfortunate, but not representative, and he has absolutely no expertise in transgender health to be critiquing other people’s transitions. His inclusion was unnecessary, irrelevant, and represented false balance .

2. ABSENCE OF ADULT ROLE MODELS: Kane was the only trans adult featured in the special and his was a negative experience. In highlighting the transition process, Nightline should have showcased the many transgender people who have successfully transitioned and are leading happy healthy lives to show what future these young people have to look forward to. Instead, the audience is left with lingering doubt that they’ll all regret being authentic with their gender identities.

3. SENSATIONALISM: Reporter Cynthia McFadden would not stop asking every trans person she interviewed about their genitalia. The experience of a transgender identity is so much more than whether an individual has had sexual reassignment surgery (SRS), let alone how their new genitalia might work. In fact, many transgender people do not pursue surgical options at all. All of the time spent on McFadden’s penis questions could have been used to better highlight the important psychological benefits of affirming an individual’s gender identity.

4. NO DISCUSSION OF HEALTH CARE LIMITATIONS FOR TRANS PEOPLE: Vanessa’s story of turning to prostitution to pay for her surgeries with a wad of cash in Mexico was a lost opportunity to discuss the health iniquities trans people face. One of the interviewed experts mentioned in passing that the community struggles with high levels of suicide risk because of mental health issues related to transitioning and anti-trans stigma, but the special neglected to discuss the complete lack of health coverage many trans people face, such as insurance providers that don’t cover psychological therapy, hormone treatment, or SRS.

5. NO DISCUSSION OF TRANSGENDER MOVEMENT OR COMMUNITY: An audience member unfamiliar with the transgender community might think that all of these young people are heading out into the world alone. The special didn’t discuss the larger transgender community at all, let alone the many resources available for young trans people and their families, nor did it mention the organizations working across the country to advance transgender equality.

Despite these critiques, the special still showcased some very positive portrayals of young trans people and the transition process. Hopefully, people who watch the special appreciate the importance of that affirmation. Watch the special on hulu:

NEWS FLASH

Poll: Majority Of Pennsylvanians Support Civil Unions, Half Support Marriage Equality Constitutional Amendment | A new Franklin & Marshall College poll finds the half of Pennsylvanians favor a constitutional amendment to legalize same-sex marriage, with 62 percent favoring a state law allowing civil unions. This is “a sharp shift since June 2009, the last time F&M asked about same-sex marriage,” when the numbers were “almost exactly reversed.” In 2009, 52 percent of Pennsylvanians opposed a marriage equality amendment. “I think there’s a big change going on with this,” said poll director Dr. G. Terry Madonna. “In the next generation, it’s going to be widely accepted.” However, in the GOP-led state legislature, there is one bill currently pending that asks these same Pennsylvanians to approve a constitutional amendment defining marriage as solely between a man and a woman.

Santorum Says Criticism Of His Views On Homosexuality Is ‘An Act Of Bigotry’

In an interview that aired on CNN last night, Piers Morgan pressed Republican presidential candidate Rick Santorum on his views opposing marriage equality, including his suggestion of a gay “jihad” against him. Santorum tried to avoid answering whether he believes homosexuality is a sin, but confirmed that as a Catholic, he subscribes to the Catholic Church’s teachings that indeed it is a sin. Asked how he would respond if one of his sons came out, Santorum said he would be supportive of what he sees as a “very difficult and troubling time in their life,” going on to say he “knows a lot of gay people” and some of them continue to “struggle” even after coming out and “admitting” their identities.

Morgan responded by pointing out that many people struggle coming out because of bigotry in society, and suggested that Santorum’s views “border on bigotry.” The former Senator did not take kindly to this:

SANTORUM: I think just because we disagree on public policy, which is what the debate has been about — which is marriage — doesn’t mean that it’s bigotry. Just because you follow a moral code that teaches that something’s wrong doesn’t mean that — are you suggesting that the Bible and that the Catholic Church is bigoted? If that’s what you believe, fine. [...] Well, I shouldn’t say — not fine. I don’t think it’s fine at all. I think that is contrary to both what we’ve seen in 2,000 years of human history and Western civilization, and trying to redefine something that has been — that is — seen as wrong…I think is in itself an act of bigotry.

Watch the full exchange:

Because the word “bigot” is being tossed around, here is the definition: “a person who is utterly intolerant of any differing creed, belief, or opinion” or “a person who is intolerant of any ideas other than his own, especially on religion, politics, or race.” Given Santorum’s eager propensity to demonize gays and lesbians and use the law to restrict their rights, it is hard to argue he isn’t intolerant. Still, calling someone a “bigot” doesn’t seem to accomplish much except shutting down the conversation.

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NEWS FLASH

Alabama School Removes Ban On Pro-Gay T-Shirt | After the Southern Poverty Law Center sent a letter threatening to file a lawsuit against an Alabama high school that told a student she could not wear a pro-gay T-shirt at school, the school’s administration has reversed their decision. Officials said in a statement that the shirt “has not caused a substantial disruption and the student will be allowed to wear it.” Originally, school officials said she could not wear it because of concerns for her safety, but the 15-year-old student said she had worn it the previous year without issue. Sam Wolfe, staff attorney for the Southern Poverty Law Center, said the SPLC was glad the school changed their decision, but “while the outcome is a good one, it is unfortunate that this fundamental right was denied in the first place.”

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The Morning Pride: September 1, 2011

Welcome to The Morning Pride, ThinkProgress LGBT’s 8:45 AM round-up of the latest in LGBT policy, politics, and some culture too! Here’s what we’re reading this morning, but let us know what you’re checking out too. Follow us all day on Twitter at @TPEquality.

- Ineke Mushovic of the Movement Advancement Project (MAP) points out how advances in LGBT equality can significantly obscure the severe inequalities that persist.

- Read a first-hand account of yesterday’s court proceedings against Lt. Dan Choi, as well as the official court transcripts, courtesy of Jane Hamsher at FireDogLake.

- Sen. Maria Cantwell (D) supports marriage equality in her home state of Washington.

- The parents of a transgender girl in Seattle are seeking justice for the brutal beating she suffered two weeks ago, which resulted in a serious head injury.

- New Jersey’s new Anti-Bullying Bill of Rights law takes effect today, which requires heightened accountability from schools, including investigation and tracking of bullying and cyberbullying.

- The Cavalier Daily questions whether the University of Virginia is doing enough to support its LGBTQ employees.

- The National Organization for Marriage’s $100K Challenge raised a meager $1,229 and change.

- The Family Research Council and Judicial Watch have filed FOIA requests to see if the Department of Justice was “doing the bidding of campaign donors and homosexual activists” when it stopped defending the Defense of Marriage Act.

- The American Family Association’s Bryan Fischer said yesterday that he think there should be fines for anyone who has unprotected gay sex. He seemed unconcerned about unprotected straight sex.

- The Alliance Defense Fund’s Jim Garlow is going to bestow Ruben Diaz with the first annual “Ruben Diaz Courage Award,” for having the courage, apparently, to be the loudest, most uninhibited opponent of marriage equality in the New York Senate.

- A new report shows that five nations still outlaw homosexuality with the punishment of execution: Iran, Mauritania, the Republic of Sudan, Saudi Arabia and Yemen. South Sudan and Uganda could soon join that list.

- When Dayton, OH city commissioner Dean Lovelace allowed ownership of his website domain to expire, a gay activist used it to create a new site exposing Lovelace’s anti-gay voting record.

- The Board of Aldermen in Carrboro, NC unanimously approved a resolution condemning the proposed amendment to the North Carolina Constitution banning same-sex marriage.

- The Huffington Post seems unfazed by its portrayal of gay men seeking sugar daddies to help pay for college, but GLAAD says the story is “riddled with stereotypes that the author presents as facts.”

- Eight months after it nearly closed due to financial problems, the Lyon-Martin Health Services clinic in San Francisco is welcome new female and transgender patients today.

- Bishop Eddie Long has released a statement that says nothing of his recent lawsuit with four men he allegedly sexually abused except that he’s going to abide by his commitment to confidentiality and restraint.

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