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Conservative Justices Let Feds Off The Hook For Illegally Revealing That A Man Has HIV

Under the federal Privacy Act, it is illegal for federal agencies to reveal a person’s confidential medical information. Nevertheless, the Social Security Administration did exactly that when it revealed to another agency that a California man is HIV positive. In a 5-3 decision yesterday (Kagan was recused) the Supreme Court effectively held that this man is completely without remedy for this violation of his privacy:

In a 5-3 ruling, the high court decided Stanmore Cooper’s claims of mental and emotional distress are not covered under the Privacy Act.

“The Privacy Act does not unequivocally authorize damages for mental or emotional distress and therefore does not waive the government’s sovereign immunity for such harms,” Justice Samuel Alito wrote for the conservative majority. . . .

“The person who is subject to this, to this embarrassment, this humiliation, doesn’t have out-of-pocket costs, but is terribly distressed, nervous, anxious, and all the rest,” Ginsburg said [during the oral argument on the case]. “The act that the Congress is reaching, the impact is of that nature. I mean, pecuniary (monetary) damages ordinarily attend conduct that embarrasses, humiliates you, causes mental distress.

To be fair, the decision did not cut off the rights of someone who is fired or suffers other tangible losses due to a similar violation of their privacy, but it establishes that there is no remedy if the government simply shames someone by revealing their most embarrassing medical records. Moreover, it is worth noting that the plaintiff in this case is not the most sympathetic possible victim — his HIV status was revealed after he illegally failed to disclose it on an application for a pilot’s license.

Nonetheless, the rule announced yesterday could have sweeping implications. Programs such as Medicare, Medicaid, Social Security Disability and the veterans health system necessarily will gather a great deal of medical information about many, many Americans — and there should be very real consequences if the agencies that run these programs fail to treat that very sensitive information with confidentiality and respect.

NEWS FLASH

Poll: 58 Percent of NC Voters Support Amendment One, 34 Percent Are Uninformed | Fifty-eight percent of likely voters in North Carolina said they would vote in favor of the state’s inequality amendment, even as thirty-four percent of those same respondents admit to not knowing what the bill entails, a new survey released by Public Policy Polling shows. The number of voters who said they would vote ‘yes’ dropped to just 41 percent once informed that Amendment One bans both same-sex marriage and civil unions. Just 31 percent of respondents could correctly identify the bill’s aim, while 7 percent thought Amendment One legalizes same-sex marriage. — Fatima Najiy

Inside NOM’s Strategy: Recruit A ‘Next Generation’ Of Ivy League Pro-Chastity ‘Elites’

The National Organization for Marriage knows that there is a huge generation gap on the issue of same-sex marriage. A study published last August by the Public Religion Research Institute found that millennials (those currently 18-29 years old) support LGBT rights at significantly (and increasingly) higher rates than older age groups. Unsurprisingly, NOM’s confidential strategy memos released this week reveal an intentional effort to recruit young “elites” as spokespeople for the group’s anti-equality efforts:

By conducting student conferences, speakers and debates, we aim to find, train, and equip young leaders on the marriage issue at Ivy League and equivalent universities. NOM has launched the Ruth Institute for this purpose and is working with the Love and Fidelity Network to replicate the success of the Anscombe Model on the Princeton Campus at other Ivy League schools. [...]

Love and Fidelity Network, centered at Princeton, is building a network of chastity-supportive organizations at Ivy League colleges. the centerpiece of LFN’s networks is an annual student conference that draws 200 to 300 leaders from Ivy League and equivalent universities. NOM will “piggyback” on these existing conferences (and search for other similar venues) to identify, train, and equip next generation leaders on marriage, including media training.

But in keeping with the aims of the Cultural Strategies Project we will not confine our mission to attract and cultivate a community of cognitive elites alone. Through the Love and Fidelity Film Festival and YouTube and Song contest, we will seek to identify a next generation of elites capable of creating pro-marriage culture more broadly construed.

This is another example of the way NOM emphasizes “elites” as spokespeople, but divides them up between “non-cognitive” and “cognitive.” For its “glamorous” celebrities, NOM prefers the “non-cognitive” variety who can parrot talking points and raise controversy merely by taking the anti-equality position. But for its future leaders and spokespeople, NOM wants “cognitive elites,” intellectuals from prestigious universities who can make compelling arguments against the freedom to marry that will help “construe” the broader base of society. In addition to recruiting young people, NOM also seeks out “highly credentialed intellectuals” to serve as expert witnesses who will proliferate its message.

The Anscombe Society NOM references as a “model” is a student group at Princeton University that believes sex should be reserved until marriage but that opposes same-sex marriage, and thus “believes that homosexual persons are called to lead chaste lifestyles.” This position unsurprisingly mirrors that of the Catholic Church — one of NOM’s chief allies in almost every campaign — and its Courage ministry, which condemns gays to either a life without love or harmful ex-gay therapy. NOM’s intent to “piggyback” on this rhetoric demonstrates that it not only opposes an inclusive definition of marriage, but it also intends to further spread religious-based anti-gay stigma for years to come.

NEWS FLASH

Malta Will Introduce ‘Civil Partnerships’ For Gay Couples | The Maltese government is preparing to introduce legislation to recognize same-sex couples, according to Malta Today. Justice Minister Chris Said told Malta Today that government recognition of “civil partnerships” would begin under a cohabitation bill still being discussed. Said promised that the bill would be presented to Parliament, although he did not offer a timeline. Same-sex marriage is currently not recognized in heavily-Catholic Malta, although gays and lesbians can serve openly in the military, according to Edge Boston. A 2006 poll found that only 18 percent of Maltese citizens backed marriage equality, but a survey the next year found that 54 percent of Maltese under age 34 supported it.

-Zachary Bernstein

NEWS FLASH

Study: More Conservatives Than Ever Distrust Science | Just 35 percent of self-identified conservatives said they had a “great deal of trust in science” in 2010, a new report published in the journal American Sociological Review reveals. The finding marks a 28 percent decline since the first survey taken in 1974, “when 48 percent of conservatives—about the same percentage as liberals—trusted science.” According to the report, support for science has remained relatively flat amongst liberals and moderates.

Fatima Najiy

Kansas House Advances ‘Religious License To Discriminate’ Legislation

"I have a feeling we're not in Kansas anymore."

Kansas state Republicans want to make sure residents can discriminate against LGBT people, so much so that they have advanced a bill that would allow individuals to sue the government if they are deprived of the opportunity to do so. Yesterday, the Kansas House overwhelmingly passed HB 2384, the Kansas Preservation of Religious Freedom Act, which prevents the government from “burdening a person’s exercise of religion”:

Government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability, unless such government demonstrates, by clear and convincing evidence, that application of the burden to the person: (1) Is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.

“Compelling governmental interest” shall not include prohibition of a practice or policy of discrimination against individuals in employment relations, in access to free and public accommodations or in housing, except as set forth in K.S.A. 44-1001 et seq., and amendments thereto, and the laws and constitution of the United States.

This is a step beyond the kind of legislation lawmakers have advanced in states like Tennessee that prevent municipalities from establishing protections based on sexual orientation and gender identity. According to this bill, not only would municipalities be inhibited from protecting against anti-LGBT discrimination, but those who do discriminate would become protected and entitled to do so.

The bill’s sponsor, state Rep. Lance Kinzer (R) claimed his bill is merely about the “free exercise of religion,” but confirmed that an apartment owner could use the measure to fight a complaint if he refused to rent to a same-sex couple. It constitutes nothing short of a religious license to discriminate against LGBT people.

The Kansas House has one final vote to take on the legislation before it advances to the Senate, where Republicans also enjoy a supermajority. Gov. Sam Brownback (R) has expressed support for the bill, suggesting its inevitability of becoming one of the most wicked anti-LGBT laws in the country.

NEWS FLASH

‘Gay Propaganda’ Bill Reaches Russian Parliament | A controversial anti-gay bill that bans the promotion of “homosexual propaganda” was introduced into Russia’s lower house of Parliament today, less than two weeks after similar legislation was signed into law in St. Petersburg, Russia by Governor Georgy Poltavchenko. The bill, which “calls for fines of up to 500,000 rubles ($16,500) for promoting a gay lifestyle in the media and through public activities that promote homosexuality as normal behavior,” was submitted to the State Duma by Novosibirsk regional lawmakers. Similar laws have already been enacted in the Ryazan, Arkhangelsk, and Kostroma regions. — Fatima Najiy

Alyssa

‘Whitney’ Becomes The Only Show on Television to Get Bisexuality Right

I’ve been pretty vocal about the fact that I consider Whitney to be one of the failures of last fall’s boom in television comedies created by women and centered on female characters—it’s been a prime example of the weird spike in deeply irritating supporting sitcom characters, it’s got more men writing its episodes than women, and Whitney Cummings is less appealing as a fictional avatar of herself than she must have been in person to network executives. But the show’s become more likable as it’s gone on. And it’s achieved something rather remarkable in its latest long arc: Whitney may be the only show on television that’s figured out how to handle a bisexual character with clarity and dignity.

I was nervous when Maulik Pancholy left 30 Rock for Whitney. It’s not that Pancholy isn’t a good actor who deserves to play something other than Jack Donaghy’s beleaguered, worshipful assistant. It was that I didn’t think he’d get the opportunity to do much that was interesting on Whitney, where he was part of the grating-friend ensemble, an accountant named Neal locked in a lovey-dovey relationship with a woman named Lily (an increasingly good Zoe Lister Jones). But the show has handed him an enormous slab of red meat: over a series of episodes, Neal and Lily broke off their engagement after it turned out Lily had been lying to Neal about some substantial things. And after their breakup, Neal began seeing a man named Steven he met through work.

In a terrific episode, Whitney handled Neal’s feelings about acknowledging his attractions to men with sensitivity and some of the better humor it’s shown. “There was never an opportunity to explore anything sexual. I mean, we couldn’t even explore cable,” Neal tells Whitney of his conservative family. When he confesses to Alex, Whitney’s long-time boyfriend that “Last night, when you came over, I was kind of on a date,” Alex’s response is entirely nonchalant. “Cool, can I get you a beer?…What, did you want me to offer him an appletini? Don’t be a homophobe, Whit.” And their other friends treat the situation with more investment. “I’m not attracted to all men,” Neal tells crude cop Mark in an effort to reassure him that he won’t get hit on. “You don’t have to be hurtful,” Mark tells him. And when Neal finally confessed to Lily that he’d been avoiding her because “I thought maybe if I waited, I’d have more answers for you…to how this could happen…to what I am,” she reacts with sensitivity—and a surprising level of insight. “You don’t have to be gay or straight, you’re just Neal,” Lily says. “Your sexuality’s fluid. Sometimes, people fall in love with people, not genders.” It might be the first time a sitcom has insisted that our sexual orientation categories aren’t sufficient to describe everyone’s experience, and that makes it rather extraordinary.

And the show hasn’t left it at that. It’s made an ongoing point of showing how Lily and Neal have navigated their post-revelation relationship, going out together, dealing with misperceptions about which one of them men are cruising. The show respects them enough not to make the question of who Neal loves and is attracted do disappear as if it was just an excuse for a Very Special episode. And the plot gave all the characters an opportunity to show off who they are without resorting to unfortunate tics. Neal, and everyone else, got to be fully developed human in a situation with stakes that ranged from re-assesing a friendship to reexamining what you thought your marriage would look like. And that’s worthy of some respect in turn. Whitney may not be my favorite sitcom on the air. But it’s given me a substantial reason to care about where it’s going.

NEWS FLASH

Democrat Calls On Boehner To Drop DOMA Defense, Investigate Trayvon Martin Shooting | Rep. Mike Honda (D-CA) is urging House Speaker John Beohner (R-OH) to divert the $1.5 million he’s spending defending the discriminatory Defense of Marriage Act (DOMA) to assist in the Justice Department’s probe of the Trayvon Martin shooting. “We can spend some of that money and address ourselves to the issue in Florida where we could do some investigation and see if there are civil rights violations,” Honda said. The California lawmaker has previously requested a hearing into Beohner’s “irresponsible, backdoor use of taxpayer money to pay the private law firm Bancroft PLLC to represent the House in support of the constitutionally-questionable” law. The legal team that Boehner and the Republicans hired has come under harsh criticism for arguing that homosexuality is a choice, misrepresenting research, and relying on such experts as ex-gay advocate George Rekers and the National Organization for Marriage’s Maggie Gallagher.

NEWS FLASH

Tuscaloosa Schools Will Allow Same-Sex Couples To Attend Prom | The Southern Poverty Law Center has helped achieve a big victory for gay students in Tuscaloosa, Alabama: same-sex couples will be welcome at prom. The question came up in January when 10th-grader Elizabeth Garret wore a sweatshirt that read, “Warning, This Individual Infected With ‘The Gay,’ Proceed With Caution.” A school administrator demanded she take the sweatshirt off because it was “distracting,” and also informed her that same-sex couples could not attend the prom. In addition to allowing an inclusive prom, the district has also now recognized the right of students to wear clothes that support the acceptance of LGBT people.

African American Leaders Condemn NOM’s Race-Wedging As Artificial And Exploitative

Ben Jealous speaking at the National Conference on LGBT Equality in January, 2012.

The National Organization for Marriage’s confidential memos released this week reveal the group’s insidious attempts to foster racial divisions to further its opposition to the freedom to marry. The leaders of various groups that advocate for African-Americans are now speaking out to condemn the exploitative tactics.

Adding to comments made by Chairman Emeritus Julian Bond earlier this week, NAACP President and CEO Benjamin Jealous rebuked any attempt at creating a wedge as “artificial”:

JEALOUS: This memo only reveals the limits of a cynical agenda. The truth is that no group, no matter how well-funded, can drive an artificial wedge between our communities. People of color understand what it is like to be the target of discrimination. No public relations strategy will make us forget that.

Sharon Lettman-Hicks, Executive Director and CEO of the National Black Justice Coalition, also spoke out, expressing her concern that NOM has exploited the black faith community to advance a hateful agenda:

LETTMAN-HICKS: These documents expose NOM for what it really is—a hate group determined to use African American faith leaders as pawns to push their damaging agenda and as mouthpieces to amplify that hatred. NOM is fighting a losing battle. With these memos made public, the black faith community must refuse to be exploited and refuse to deny their fellow brothers and sisters equal protections under the law.

NOM President Brian Brown responded to the controversy this week by bragging, “We proudly bring together people of different races, creeds and colors.” Clearly, that is not the case.

Update

Jeremy Hooper delivers this clip of Julian Bond discussing the memos with Anderson Cooper. Bond describes the “cynical” tactics as NOM attempting to move pawns around on a chess board:

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NEWS FLASH

Missouri School Settles Suit Over Anti-LGBT Web Filtering | Missouri’s Camdenton R-III School District has settled a suit with the ACLU regarding its web-filtering software, which blocked educational websites about LGBT issues while allowing anti-gay websites through. According to the settlement, the district will stop blocking the sites, submit to 18 months of monitoring to confirm its compliance, and pay $125,000 in legal fees and costs. Camendton had originally been resisted the suit, relying on the vehemently anti-gay Alliance Defense Fund to defend its web filter, but last month, U.S. District Judge Nanette Laughrey issued a preliminary injunction against using the software. The ACLU’s “Don’t Filter Me” campaign continues to challenge school districts across the country that attempt to block access to LGBT educational websites.

NEWS FLASH

Santorum: ‘Friends Don’t Let Friends Use Pink Balls’ | Rick Santorum jokingly chastised a boy for using a pink bowling ball during a campaign stop in Wisconsin on Wednesday. According to Reuters reporter Sam Youngman, Santorum told a boy who reached for a pink bowling ball: “You’re not gonna use the pink ball. We’re not gonna let you do that. Not on camera,” adding, “Friends don’t let friends use pink balls.” The Human Rights Campaign has issued a statement criticizing the remarks as “another example of Rick Santorum intentionally making ignorant statements that have a real impact on LGBT people” and JoeMyGod points out that Santorum is no stranger to pink fashion.

The Morning Pride: March 29, 2012

Welcome to The Morning Pride, ThinkProgress LGBT’s daily round-up of the latest in LGBT policy, politics, and some culture too! Here’s what we’re reading this morning, but please let us know what stories you’re following as well. Follow us all day on Twitter at @TPEquality.

- Former Charlotte Mayor and one-time Republican gubernatorial nominee Richard Vinroot has come out against North Carolina’s discriminatory Amendment One, and so did the Duke University Student Government — unanimously.

- The city of Duluth celebrated its city council’s opposition to Minnesota’s anti-equality amendment with a fundraiser for Minnesota United for All Families.

- The Illinois General Assembly has advanced an anti-bullying bill, but it does not enumerate protections for LGBT students.

- The Tennessee House Education Committee advanced another bill that would protect anti-gay speech, this time by ensuring “select students” can express “religious viewpoints” at football games, school assemblies, and graduation ceremonies.

- About 61 percent of all the funding opposing Anchorage, Alaska’s proposed non-discrimination protections is coming from one source: the Anchorage Baptist Temple.

- British Prime Minister David Cameron could apparently face a Tory revolt over his support for marriage equality — a.k.a. pushing a “militant gay agenda.”

- Irish President Michael D. Higgins spoke out to youth about “the appalling, destructive reality of homophobia,” “an appalling blight on a society” that drives young people “not just to lower self-esteem, exclusion, isolation, and loneliness, but self-destruction.”

- Two men in the United Arab Emirates have been sentenced to six months in jail for kissing in public.

- Carson Daly mocked gay men on his radio show yesterday, but has since apologized.

- Kristen Bell is HRC’s latest American for Marriage Equality:

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