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‘Paperman’ And What’s Wrong With Most Romantic Comedies

It’s Friday, and it’s been a long week, and it’s snowing in DC. We all deserve something that will make us happy, in this case, Disney’s Oscar-nominated short movie Paperman:

It’s a great illustration of what’s wrong with most romantic comedies. It’s one of the most predictable genres in movies, because of the inevitable union of the two main characters. But even though Paperman fits squarely in that genre, in six minutes, and entirely without words, it does more to introduce tension and a sense of wonder that the two participants have found each other than most features. Love is a miracle, not a natural force like gravity that we’re all subject to. And there’s a lot more drama in acknowledging that, than in throwing up any number of phony idiocies and obstacles between your main characters.

STUDY: Treatment And Testing Are Not Curbing HIV Rates Among Gay Men In The UK

A new study published today in The Lancet shows that despite increases in treatment and testing, HIV infection rates among gay and bi men in the United Kingdom have not declined. Testing rates quadrupled and treatment increased from 69 to 80 percent, but infection rates in England and Wales have flat-lined between 2,300 and 2,500 every year. A November report showed that more UK gay and bi men were diagnosed with HIV in 2011 than in any previous year on record.

The main problem the researchers report is that “a large proportion of new infections come from men who are recently infected themselves, so testing and treatment, while vital, are not the only answer.” If men are transmitting the virus before they even realize they have it, then education about responsible behavioral choices will be necessary to curb the rate beyond where it has flat-lined. Indeed, researchers cite two key challenges: men are having more unsafe sex because they don’t view HIV infection as deadly and internet dating sites make finding sexual partners increasingly easier.

Yusef Azad, director of policy at the National AIDS Trust, called for a “new approach to prevention for gay and bisexual men, which, in addition to continuing condom promotion,” will help address specific issues like drug use, mental health issues, and the gay scene.

Hawaii’s Only Republican Senator Admits Marriage Equality Will Pass

Hawai’i's state Senate has only one Republican, and Sen. Sam Slom has conceded that proposed legislation to legalize same-sex marriage will likely pass:

SLOM: Same sex marriage probably will pass this year. You’ve got a preponderance of Democrats who support it in both Houses, you’ve got the Congressional delegation, you’ve got our Governor!

Despite his concession to inevitability, Slom will still oppose the bill:

SLOM: To me, I don’t care if gay people want to get married but to force other people to do things or to subsidize certain activities– that I oppose.

In other words, he believes that it’s perfectly fair to provide security and support for opposite-sex families but not for same-sex families. Fortunately, his position does not have the support to get anywhere.

Hearing dates have still not been set for the proposed bills.

Justice

Citizens United To Supreme Court: Landmark School Desegregation Case Was Wrong

Citizens United, the conservative group that successfully sued to enable wealthy corporations to buy elections, also has it in for same-sex couples. Yet an amicus brief they recently filed in the Supreme Court backing the unconstitutional Defense of Marriage Act would not simply deny marriage equality to gay people, it calls upon the Supreme Court to toss out a landmark decision ending public school segregation in the District of Columbia and declare that the federal government is free to discriminate against minorities and women:

Until May, 17, 1954, the day upon which this Court struck down “racially segregated public schools” in the States under the equal protection guarantee of the Fourteenth Amendment, it was generally understood that the due process guarantee of the Fifth Amendment did not have an equal protection component. As this Court observed in Adarand, “[t]hrough the 1940′s, this Court has routinely taken the view . . . that, ‘unlike the Fourteenth Amendment, the Fifth contains no equal protection clause and it provides no guaranty against discriminatory legislation by Congress. However, in Bolling v. Sharpe, this Court shoehorned equal protection into the due process text by sheer will, declaring “it would unthinkable that the same Constitution would impose a lesser duty on the Federal Government.”

To the contrary, it was and is eminently “thinkable” that the Reconstruction Congress, led by abolitionist Republicans, would propose an amendment to the Constitution that would increase the powers of the federal government at the expense of the states.

To translate this a bit, the Fourteenth Amendment provides that “[n]o State shall . . . deny to any person within its jurisdiction the equal protection of the laws,” and thus this guarantee against discrimination explicitly applies only to state laws and not to the federal government. On the same day that the Supreme Court handed down Brown v. Board of Education, however, the Court also held in Bolling that a shield against public school segregation is one of the liberties protected by the Fifth Amendment, which does apply to the federal government. Thus, the District of Columbia, which is a federal entity, could not have segregated public schools.

Citizens United is now claiming that Bolling was wrong, and that the Constitution does absolutely nothing to prevent the United States from engaging in discrimination of any kind. If the justices buy their argument — as they were all too willing to do in the case that bears Citizens United’s name — it would mean that Congress is free to set up its own Jim Crow laws.

Attempt To Repeal Omaha’s LGBT Protections Fails

Last March, the City Council of Omaha, Nebraska passed an ordinance to protect LGBT individuals from discrimination in employment and public accommodations. A coalition of conservatives led by the Omaha Liberty Project then led an effort to repeal the protections through a referendum. It now seems that despite being “darn close,” they have failed to collect enough signatures to force the vote, so the protections will stand. Nondiscrimination protections have been controversial across Nebraska, with Lincoln and Grand Island both defeating similar policies. Attorney General Jon Bruning (R) believes they’re unconstitutional and Gov. Dave Heineman (R) believes people should vote on whether discrimination is allowed.

Wyoming Senate Defeats LGBT Nondiscrimination Protections

The Wyoming Senate defeated Senate Bill 131 on Thursday with a 13-15 vote, which would have created statewide nondiscrimination protections based on sexual orientation and gender identity. Wyoming remains one of 29 states where it’s perfectly legal to fire someone for being gay and one of 34 states where it’s perfectly legal to fire someone for being trans. This defeat, combined with the House’s two votes defeating same-sex marriage and domestic partnerships, suggests there will be no advances for LGBT equality in “The Equality State” this year.

New Mexico House Committee Advances Marriage Equality Referendum

The New Mexico House Consumer and Public Affairs Committee voted 3-2 on Thursday to advance a proposed constitutional amendment that would allow same-sex couples to marry. If it successfully passes both the House and Senate, it would be placed on the 2014 general election ballot.

The situation for legal recognition of same-sex couples in New Mexico is nebulous. The state does not have any law that explicitly bans same-sex marriage, nor any that allows it. In 2004, former Attorney General Patricia Madrid issued an advisory suggesting state law should be interpreted to limit marriage to a man and a woman, but in 2011, Attorney General Gary King issued an opposing position arguing that New Mexico should recognize same-sex marriages performed in other states. An attempt to advance an amendment banning same-sex marriage failed last year.

As in New Jersey, a referendum is not the ideal solution for New Mexico, particularly when there are other legal avenues available to legalize same-sex marriage. Ballot initiatives on LGBT issues are incredibly costly to the movement and have a measurable negative impact on the mental health of the entire LGBT community.

Revisionist History: Two 49ers Players Insist They Did Not Appear In ‘It Gets Better’ Video

It was bad enough that San Francisco 49ers player Chris Culliver said earlier this week that he wouldn’t tolerate a gay teammate and then offered a non-apology apology for saying so. Now, two other 49ers have claimed that they didn’t appear in an “It Gets Better” video they clearly were in. Linebacker Ahmad Brooks and defensive tackle Isaac Sopoaga denied to USA Today that they made the video, then when showed the video, claimed they didn’t realize it was to fight the bullying of LGBT youth (even though teammate Donte Whitner specifically identifies “LGBT teens”):

BROOKS: I didn’t make any video. This is America and if someone wants to be gay, they can be gay. It’s their right. But I didn’t make any video… I don’t remember that. I think if I made a video, I’d remember it. [After being shown the video...] Oh, that. It was an anti-bullying video, not a gay (rights) video.

Indeed, the San Francisco 49ers are the only NFL team to have produced a video for the “It Gets Better” project, but Dan Savage has said they’ve removed the video from the project’s website because of these players’ comments. OutSports recut the video without Brooks and Sopoaga, such that it now only features defensive tackle Ricky Jean Francois and safety Donte Whitner. Watch it:

The Morning Pride: February 1, 2013

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.

- Find out where you can participate in a vigil when the Supreme Court hears the same-sex marriage cases in March.

- The Illinois Senate will vote on marriage equality on Valentine’s Day.

- The Rhode Island House had its own turncoat, state Rep. William San Bento Jr. (D), who co-sponsored the marriage equality bill, then voted against it.

- A new poll shows 61 percent of Texans support civil unions or same-sex marriage, but that number is lower than previous polls have found.

- Georgia lawmakers have proposed a bill that would ban scholarship funding to private schools that discriminate.

- Former Eagle Scout Sean Cuddihy counters six arguments against ending the Boy Scouts of America’s anti-gay policy.

- An elderly gay couple in China had the most adorable wedding, which they shared with 12,000 fans through Weibo, the Chinese version of Twitter.

- Former Chicago Bears Coach Mike Ditka believes being gay is a “choice” that people have to “tolerate.”

- A former college football player has admitted that he did invent a fake girlfriend specifically to hide his gay sexual orientation.

- A poll of soccer players in the UK has found that 62 percent believe an openly gay player would be accepted.

- A Nielsen study finds that same-sex households do a lot more shopping.

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