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House Republicans Strip Protections From LGBT Victims In New Violence Against Women Act

The Violence Against Women Act expired at the end of 2012 after House Republicans refused to accept the Senate bill’s protections for LGBT, Native American, and undocumented victims. Though the Senate passed another bipartisan VAWA reauthorization over a week ago, House Republicans may derail passage once again. On Friday, House GOP leaders released their own VAWA bill, stripping protections for LGBT individuals and adding a loophole for Native American victims.

Where the Senate bill granted access to federal grants for LGBT victims, the House bill is silent, removing all mention of “sexual orientation” or “gender identity.” As a result of this omission, LGBT-inclusive crisis centers could be shut out from essential grant programs:

The House GOP bill entirely leaves out provisions aimed at helping LGBT victims of domestic violence. Specifically, the bill removes “sexual orientation” and “gender identity” from the list of underserved populations who face barriers to accessing victim services, thereby disqualifying LGBT victims from a related grant program. The bill also eliminates a requirement in the Senate bill that programs that receive funding under VAWA provide services regardless of a person’s sexual orientation or gender identity.

The House bill also gives states some wiggle room by shifting greater authority to state government to decide which victimized groups are “underserved” and therefore deserve funding.

The Senate bill’s protections for Native American victims were also protested as “unconstitutional” and received vocal opposition from House Majority Leader Eric Cantor (R-VA). Though the House bill does grant tribal courts the authority to prosecute non-native perpetrators of domestic abuse, these abusers can only receive a maximum sentence of 1 year. The bill states, “A participating tribe may exercise this special domestic violence jurisdiction over only domestic or dating violence offenses punishable by up to one year committed in Indian country against a tribal member or non-tribal member Indian who resides in Indian country.” The House also adds a provision allowing the accused to take their case to federal court if they feel their rights are being violated. Currently, Native American victims with non-native partners are caught in a limbo where tribal courts cannot touch perpetrators but federal law enforcement does not have jurisdiction.

Since its inception in 1994, VAWA has been instrumental in driving down the number of partner homicides and establishing community programs to help women in abusive situations.

Update

Sen. Patty Murray (D-WA), a chief advocate for VAWA in the Senate, blasted the House bill as a “non-starter” and called for moderate Republicans to take action: “It’s not a compromise, it’s an unfortunate effort to exclude specific groups of women from receiving basic protections under the law… The protections included in the Senate for new communities of women are not bargaining chips that can be played with in order to appease the far right in their party. These are badly needed new tools to give women an escape from a life stunted by abuse…It’s time for moderate Republicans in the House to step up and finally force their leadership to stop ignoring the calls of women across the country.”

Alyssa

No, Batwoman’s Engagement Doesn’t Solve DC Comics’ Orson Scott Card Problem

Over at io9, Rob Bricken asks whether Batwoman’s in-costume proposal to her girlfriend Maggie Sawyer will earn DC Comics good-will that it lost by hiring National Organization for Marriage board member and virulent homophobe Orson Scott Card, or “is this too little, too late for the company”?

I’m 99% sure the only reason DC hasn’t mentioned Batwoman’s marriage to the press is because it would call attention to the furor caused by the company’s recent decision to hire Orson Scott Card, scifi author and ardent detractor of gay rights, to write Adventures of Superman. Angry fans and retailers alike are planning to boycott the Superman comic in general, and some DC in particular unless Card is removed.

It’s too early to tell if Batwoman’s proposal will at all mitigate DC’s public relations problems with Card, or even if Card might have a problem collecting a check from a company whose works seemingly condone gay marraige. But at the moment, at least Kate Kane and Maggie Sawyer are happy, even if nobody else is.

I’m always delighted to see more, and richer depictions of gay characters, especially in a medium where they were marginalized by the Comics Code and the disapprobation of Congress, a panic fed by cooked research. But this plot development won’t save DC Comics, and not just because a proposal on the page doesn’t really outweigh the harm Card’s speech and actions cause in the real world. Who gets hired to create content and what content ends up on the page are issues that are often related, but that function separately. People who care about where their money goes and the values of the content that they consume are going to care about both of those elements.

Something I wish I’d said more clearly the first itme I wrote about DC’s decision to hire Card to write Superman is that calls to fire him don’t appeal to me that strongly because it separates out his hiring from DC’s other hiring practices, which among other things, have produced a staff with very few women and no lead African-American writers on any comics titles. A decision by comics stores not to stock the title, demonstrating that Card’s values turn them off from a product that otherwise might have been profitable for them, makes more sense. And what would be most interesting to me is an explanation from DC about what process lead to Card’s selection. What made his pitches’ stronger than other writers? How did they weigh the likely publicity challenges from his employment against what appears to be a larger institutional imperative to modernize the brand by telling stories about committed gay couples? If DC Comics wants its image to be gay-friendly, then it should have been expected to be evaluated for consistency. More same-sex engagements doesn’t eliminate the appearance of a glaring contradiction in DC’s image.

If all DC wants is our money, rather than our social approval, that’s fine. But it needs to recognize that fishing for money on the grounds that it’s producing progressive and game-changing content is going to be a more difficult task if there’s a disconnect between what the content is, and who the money spent on it ends up going to.

How The Defense Of Marriage Act Continues To Harm Military Same-Sex Families

When the Second Circuit Court of Appeals ruled in favor of Edith Windsor late last year, they set a bold, long-awaited precedent. Not only did they declare that the Defense of Marriage Act is unconstitutional, but for the first time the court decided that any law that limits the rights and freedoms of gay and lesbian Americans must be subject to “heightened scrutiny.” Basically, if the government passes a law that discriminates on the basis of sexual orientation, there had better be a legitimate justification for doing so.

Speaker Boehner and House Republicans, who are poised to spend $3 million to defend the Defense of Marriage Act at the Supreme Court, have struggled to find reasons why the federal government must treat same-sex couples differently from other couples. Among the many is the ability for heterosexual couples to accidentally have children:

The link between procreation and marriage itself reflects a unique social difficulty with opposite-sex couples that is not present with same-sex couples — namely, the undeniable and distinct tendency of opposite-sex relationships to produce unplanned and unintended pregnancies.

For gay couples to have children, they argued, “substantial advance planning is required.”  It makes no intellectual or intuitive sense that the government should care about limiting marriage as a union between one man and one woman because gays and lesbians cannot accidentally procreate.

Clearly, there is no compelling government interest in preventing two people of the same sex from marrying. What’s more — according to a report released yesterday by the Center for American Progress, in collaboration with OutServe-SLDN — the Defense of Marriage Act undermines real national interests, namely our security and military readiness.

There are nearly 100 benefits which are denied to same-sex military spouses as a result of the Defense of Marriage Act, such as housing and relocation assistance, healthcare, and even survivor benefits and burial privileges.  These benefits programs not only honor the sacrifice of these families and equip them with the financial support they need to face challenges specific to a military lifestyle, but they also maximize our military readiness. According to a 2012 Department of Defense report, “’Without adequate compensation, the nation would be unable to sustain the all-volunteer force, in the size and with the skill sets needed to support the missions called for in the national security strategy.”

Read more

Our guest bloggers are Eryn Sepp, Special Assistant to the Chair and Counselor at the Center for American Progress and a veteran of Operation Iraqi Freedom, and Katie Miller, Special Assistant to the LGBT Research and Communications Project at the Center.

Health

Teen Pregnancy Is Most Common In Rural America, Where There May Be More Barriers To Birth Control

The teen birth rate is nearly one-third higher in rural areas of the United States than it is in more populous areas of the country, and teen pregnancy rates have been much slower to decline in rural counties over the past decade, according to a new study from The National Campaign to Prevent Teen and Unplanned Pregnancy. The advocacy organization notes that while no single reason explains the difference in teen birth rates across regions, adolescents in rural areas likely have particular barriers to contraceptive services.

“The prevailing stereotype is that teen parenthood is primarily an urban and suburban phenomenon,” Bill Albert, the chief program officer for the National Campaign, told USA Today. But the group’s new data suggests that’s not actually the case.

As the nation has increasingly focused its efforts on preventing unintended teen pregnancies, there has been significant progress. Although the U.S. still has the highest rate of teen pregnancy in the developed world, teen birth rates have plunged to record lows as adolescents have begun to use more effective forms of birth control when they become sexually active. But that trend has been slower to take root in rural areas. Between 1990 and 2010, the birth rate dropped 49 percent for teens in major urban centers and 40 percent for teens in suburban areas — but just 32 percent for adolescents who live in rural counties.

While teens across the country have largely been having less sex and using more contraception, teens in rural areas have actually been having more sex and using birth control less frequently. It’s not clear why that’s the case, but it could partly be because teens in rural areas still lack access to a range of comprehensive contraceptive services. There just aren’t as many sexual health resources in rural counties, where teens may have to travel farther to the nearest women’s health clinic. And deeply rooted attitudes about sex — including school districts that continue to cling to abstinence-only health curricula that don’t give teens enough information about methods to prevent pregnancy — may also play a role. Urban school districts, particularly in New York City, have made significant advances in expanding teens’ access to sexual education and resources, but there often aren’t similar pushes in rural places.

The United States’ culture of sexual repression has also created an environment where teen sexuality is stigmatized, and adolescents may feel too embarrassed to seek out the resources they need. The National Campaign points out that teens may feel like they can’t buy condoms in their rural town where everyone knows their name.

NOM Ally And Ex-Gay Activist Compares Gay-Straight Alliances To KKK And Nazi Skinheads

Robert Gagnon is a close ally of the National Organization for Marriage, including being a regularly featured speaker at its national conference for college students; he’ll be there again this year. But Gagnon is also an outspoken advocate of harmful ex-gay therapy, and has helped to found the new ex-gay splinter group called the Restored Hope Network. Restore Hope broke away from Exodus International when that group’s president, Alan Chambers, admitted that there is no “cure” for homosexuality.

Equality Matters follows Gagnon closely, and noticed this week some outrageous comments he made on Facebook about gay-straight alliances (GSA). Chambers suggested in a recent video that if Christian young people attend a school that has a GSA, they should attend its meetings to learn and listen from those who utilize such a resource. Gagnon thinks they might as well attend a “Klu Klux Klan” [sic] or Nazi Skinhead group or one that advocates for “women abusers”:

GAGNON: More ridiculousness by Alan Chambers of Exodus (will it ever end?): Christian young people should respond to a “gay-straight alliance” in public school by going to such meetings “not to speak but to serve and listen and to offer to help, finding common ground.” There is no “speaking the truth in love” here (Eph 4:15). So if there is a “polyamory appreciation” group or “prostitutes for Christ” group or Ku Klux Klan / Nazi Skinhead group of “women abusers advocacy society” at a public school, Christian students should go to such meetings, not speak, but serve and find common ground? How can sane evangelical Christians support any longer any organization led by Alan Chambers? The man has become as “useful” to homosexualist advocacy as naive Western leftists of the 1920s to 1950s who extolled the virtues of Leninist and Stalinist Russia were useful to these dictatorial regimes.

Gay-straight alliances make schools safer for LGBT students and even help improve their academic performance, but Gagnon probably isn’t interested in such data.

No doubt, this is a man with fierce animus against gay people that extends well beyond just the question of same-sex marriage. It’s no stretch to conclude from these comments that he actually believes homosexuality will destroy modern society. NOM’s pride in highlighting him annually at its conference for young people is further proof of the organization’s clear anti-gay motives.

65-Year-Old Nurse Schools British Archbishop On Marriage Equality

The Catholic Church has been quite vocal in its opposition to marriage equality in the United Kingdom, despite Parliament’s intention to pass it. Perhaps none has been more outspoken than Westminister Archbishop Vincent Nichols, who admitted that the Church doesn’t even recognize the existence of homosexuality and is prepared to fire teachers who marry someone of the same sex.

One 65-year-old nurse from Northern England was tired of the rhetoric she was hearing at Church, and decided to write to Nichols expressing her concern. In it, she calls out the Church’s obsession with social issues to the detriment of addressing real problems in society. She asked to remain anonymous, but shared her letter with Gay Star News. Here’s an excerpt:

I do not find it at all easy or even possible to uphold the church’s teaching on homosexuality. Among gay people of my acquaintance are those who have a deep spiritual life, to have one’s sexual orientation, an orientation that one is born with, described as an ‘objective disorder’ and to hear homosexual acts described as ‘intrinsically evil’ surely makes it almost impossible to feel at home or welcome in the church. It is utterly unrealistic to expect homosexual people to live celibate lives (We all know that many priests find this very difficult and sometimes impossible). The revelations of clerical sex abuse have led many of us to look with a very critical eye on the so-called celibate life and to realize that it has all to often lead to warped and destructive behavior.

The world is facing disaster on all levels and this church, when not obsessing about matters sexual, spends an inordinate amount of time on pointless activities such as changing the liturgy back to a correct translation of the original Latin – a language not spoken by Jesus but spoken by the oppressors of his time and country. Do you imagine that this obsession with precisely translated texts will win you a single new adherent? To me, you (particularly but not exclusively the hierarchy) appear to be a frightened group of men preoccupied with titles, clothing and other religious externals. You seem, with some wonderful and brave exceptions, to pay only lip service to ecumenism and matters of social justice. I would love to see the so-called ‘Princes of the Church’ (Where did all these triumphant, utterly anti-Gospel titles you award yourselves come from?) get rid of the silk, the gold, the Gucci shoes, the ridiculous tall hats, croziers, fancy soutanes etc etc and substitute bare heads and a simple pilgrim’s staff on all liturgical occasions and that might be taken as a small outward sign of your inner acceptance of fundamental Gospel values.

The woman has apparently received a reply from Nichols, but it unsurprisingly did not address the substance of her comments. Polls suggest that she speaks on behalf of many Catholics who stand far-removed from the Church’s teachings on such issues. Read her full letter.

New Jersey Legislators Will Vote To Override Chris Christie’s Marriage Equality Veto

In early 2012, lawmakers in New Jersey successfully passed marriage equality bill, but Gov. Chris Christie (R) vetoed it, claiming same-sex marriage was not an issue of “gay rights.” The legislature has until January 2014 to attempt to override that veto, and Democratic leaders in both chambers announced this week that they will attempt to do just that.

The bill originally passed the Senate with a 24-16 vote, so only three more votes are needed to reach a two-thirds majority for the override. In the Assembly, however, the bill only passed 42-33, so 12 more votes are needed. Lawmakers will likely wait until after the June elections to hold the vote so that Republicans are more willing to consider a controversial vote. LGBT activists have been lobbying for more support for an override since the bill’s passage last year, primarily because they are opposed to a referendum.

Openly gay Assemblyman Reed Gusciora (D) actually wants to allow for a vote, because he believes “the worst thing that can happen is the status quo.” However, Senate President Steve Sweeney also opposes a referendum, and for good reasons. As Garden State Equality pointed out last year, ballot initiatives are “a contest of which side can raise more millions” that offers “a community’s civil rights up for sale to the highest bidder.” Not only is a referendum incredible expensive, but it can have harsh consequences for the mental health of the entire LGBT community.

Arguably, a majority of New Jersey voters do support marriage equality, with polls showing as many as 53 percent, if not 57 percent, support. That, however, should be motivation for lawmakers to simply do their job and represent the interests of their constituents. Marriage equality is what’s best for New Jersey’s economy and the well-being of its citizens, in addition to just being the right thing to do.

The Morning Pride: February 22, 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.

- A New Mexico House committee voted to kill a bill that would have allowed a state referendum on marriage equality.

- The National Organization for Marriage is unsurprisingly partnering with the Catholic Bishops and Family Research Council to promote their anti-equality march when the Supreme Court hears oral arguments on the Defense of Marriage Act and Proposition 8. Of course, equality activists are countering that march.

- Did Harvey Milk have an unofficial “marriage license” contract with Joe Scott Smith to be “lovers from this day on”?

- A woman claims she was fired from the Mars Chocolate candy company for being a lesbian and taking time off for her pregnancy.

- A new study confirms that gay men and straight women really do seem to relate more to each other.

- The freshly re-elected president of Ecuador, Rafael Correa, used his acceptance speech on Sunday to apologize to the LGBT community for some offensive comments he made earlier this year.

- An Australian judge has ruled that the country’s ban on same-sex marriage is not sex discrimination.

- The couples challenging Proposition 8 have filed their final brief to the Supreme Court. The brief is a masterpiece of argument; here is a compelling excerpt:

Proponents accuse Plaintiffs (repeatedly) of “re-defining marriage.” But it is Proponents who have imagined (not from any of this Court’s decisions) a cramped definition of marriage as a utilitarian incentive devised by and put into service by the State—society’s way of channeling heterosexual potential parents into “responsible procreation.” In their 65-page brief about marriage in California, Proponents do not even mention the word “love.” They seem to have no understanding of the privacy, liberty, and associational values that underlie this Court’s recognition of marriage as a fundamental, personal right. Ignoring over a century of this Court’s declarations regarding the emotional bonding, societal commitment, and cultural status expressed by the institution of marriage, Proponents actually go so far as to argue that, without the potential for procreation, marriage might not “even . . . exist at all” and “there would be no need of any institution concerned with sex.” Indeed, Proponents’state-centric construct of marriage means that the State could constitutionally deny any infertile couple the right to marry, and could prohibit marriage altogether if it chose to pursue a society less committed to “responsible” procreation.

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