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Why The European Plan To Ban Porn Is A Bad Idea

Early next week, the European Union Parliament is planning to vote on a resolution calling for a sweeping ban on pornography in the name of gender equality. If it passed, the resolution could be the first step towards a continent-wide ban on pornography on a wide swath of media. But, good intentions aside, that would actually be a bad move for both Europe’s women and the EU’s commitment to free speech.

The Parliament vote scheduled for next week would recommend this resolution on gender equality (which includes the porn ban) to the EU Commission, which would then turn it into legislation which would then, finally, be enacted into binding law by the Parliament. As Wired UK notes, the Commission would have the discretion to simply leave out the provision calling for “a ban on all forms of pornography in the media” — which could well cover all online pornography — in the final law.

But if the ban were to make it into the final law, it would likely do more harm than good. Though a few studies have found that, under laboratory conditions, porn makes men more sexually aggressive, there’s no real-world evidence bearing out the claim that this translates into sexist attitudes or sexual violence. According to Professor Milton Diamond, director of the Pacific Center for Sex and Society at the University of Hawaii at Manoa, “[t]here’s absolutely no evidence that pornography does anything negative.”

There is, however, empirical evidence that it reduces the incidence of sexual violence. One 2007 study by Todd Kendall compared the rates of crime between U.S. states with greater and lesser access to the internet. After controlling for other crime-inducing variables (like rates of urbanization and alcoholism), Kendall found that more internet access led to lower rates of two crimes only — rape and prostitution:

I find that internet access appears to be a substitute for rape; in particular, the results suggest that a 10 percentage point increase in internet access is associated with a decline in reported rape victimization of around 7.3%…internet has no apparent substitution effect on any of 25 other measured crimes, with the exception of the only other well-defined sex crime, prostitution. Moreover, I show that the effect on rape is concentrated among states with the highest male-to-female ratios, and that by age, the effect on rape is concentrated among teenage men, who are the prime consumers of pornography, and for whom the internet induced the largest change in availability.

Two other studies support Kendall’s finding — one correlating the international spread of the internet with a concomitantly international decline in sexual violence, the other presenting survey evidence that, as Scientific American puts it, “patients requesting treatment in clinics for sex offenders commonly say that pornography helps them keep their abnormal sexuality within the confines of their imagination.”

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NOM Highlights Gay Man Opposed To Marriage Equality (Who Married A Woman)

Doug Mainwaring

The National Organization for Marriage believes its arguments against marriage equality if they come from people who are actually gay, which is why it is more often highlight “gays against gay marriage.” Today, NOM highlights just such a story from Doug Mainwaring, who believes it’s “possible to oppose same-sex marriage based on reason and experience.” Of course, NOM doesn’t bother to mention any of the details that distinguish Mainwaring’s experience from people who actually identify with the LGBT community, nor the fact that he’s sung this tune plenty of times before.

Mainwaring’s narrative echoes many ex-gay testimonials, particularly in his abstention from gay sex, choosing instead to have non-sexual philia love friendships with men. In fact, he married a woman with whom, despite a temporary divorce, he still lives and raises a family. He has repeatedly written and testified against marriage equality for same-sex couples, but not just because of his trite “kids need a mother and a father” argument — Mainwaring believes the “liberal intelligentsia” is trying to dismantle marriage altogether. Such paranoid perceptions of liberal views are perhaps unsurprising; Mainwaring is co-founder of the National Capital Tea Party Patriots in Maryland.

His own words demonstrate just how far removed he is from the reality of LGBT  families. Here’s how he describes his despair at the thought of raising his kids with another man:

Over the last couple of years, I’ve found our decision to rebuild our family ratified time after time. One day as I turned to climb the stairs I saw my sixteen-year-old son walk past his mom as she sat reading in the living room. As he did, he paused and stooped down to kiss her and give her a hug, and then continued on. With two dads in the house, this little moment of warmth and tenderness would never have occurred. My varsity-track-and-football-playing son and I can give each other a bear hug or a pat on the back, but the kiss thing is never going to happen. To be fully formed, children need to be free to generously receive from and express affection to parents of both genders. Genderless marriages deny this fullness.

Mainwaring’s shallow perception of what constitutes intimacy, including what he is even capable of showing, demonstrates how unqualified he is to discuss same-sex marriage and families. He has clearly carried an anti-gay stigma with him throughout his entire life and has just as narrow an understanding of the lives of gays and lesbians as his fellow opponents of equality. NOM’s attempt to somehow drive a wedge within the gay community is pitiful, if only because Mainwaring in no way represents it.

Health

How Women Could Change The World — If We Let Them

As people around the world recognize International Women’s Day, few would claim that women have achieved true parity. There’s still a long way to go before women see anything near equity, even as countries have made slow but steady progress on closing the gender gap in education, economics, health, and politics.

But the facts are there: If we can help women get on equal footing with men, they will help us all, globally, to succeed. Here are just some of the ways women could change the world, if we let them:

If they had equal employment, women could raise every country’s GDP.


If women’s participation in the workforce increased, it would transform the global economy for the better. One study projects that if the female employment in the U.S. matched the male rates, our overall GDP would rise by 5 percent. In Japan, the GDP would jump by 9 percent. Addressing the education gap would be a good way to start to achieve these figures. The Council on Foreign Relations estimates that each country’s GDP grows by 3 percent for every additional 10 percent of girls going to school.

If companies put women in leadership positions, they’d both benefit.


A persistent global gap in economic participation and opportunity means that not enough women are making it into the workforce — and even when they are, they’re not ascending to top positions. In fact, 36 percent of U.S. companies currently don’t have a single woman on their boards of directors. A study of our neighbors to the north found that Canadian women hold only 5.7 percent of CEO positions at top companies there. In Latin America, there are a total of only nine female CEOs in the top 500 companies. But evidence suggests that gender-mixed leadership actually translates into better profits. According to one study that compared similarly-sized businesses, those with women on their boards outperformed those with all-male boards by 26 percent.

If women were more politically involved, we’d have better policies for our poor.


When women aren’t outnumbered by men, they tend to speak up more for the needs of the vulnerable and advocate for the social safety net. In one experiment that asked groups to set the threshold for public assistance, the groups with fewer women decided on a minimum income of about $21,600 per year for a family of four — close to the United States’ current federal poverty level — but in the groups where women made up 60 to 80 percent of the members, women elevated the safety net to as much as $31,000. In female-dominated groups, women spoke up as much as men, encountered less hostility from their peers, and ultimately influenced their male counterparts to make more generous economic policy choices.

If women were paid more, families would thrive.


The average pay disparity between a man and a woman in the United States is .77 cents on the dollar. That means an American woman could feed a family of four for 37 years with the earnings she loses thanks to pay disparity. If that sounds bad, compare it to the pay gap in Korea, the largest in the Organisation for Economic Cooperation and Development. There, women’s paychecks were 39 percent lower than their male peers. Women are increasingly becoming the primary or co-breadwinners for their families, and as they do their pay becomes more vital to the wellbeing of their families. It’s important for the nation, too; economists believe that closing the gender pay gap would be the equivalent of “huge” economic stimulus, and that, in the United States alone, it could grow the economy by three or four percentage points.

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Justice

On Eve Of Marriage Equality Cases, Justice Kennedy Suddenly Claims To Care About Judicial Restraint

Justice Anthony Kennedy

Justice Anthony Kennedy

Justice Anthony Kennedy doesn’t like law. Or, at least, he doesn’t like for people that aren’t him to engage in lawmaking. Kennedy did not simply vote to toss out nearly two-hundred years of established law in order to strike down part of the Affordable Care Act, he wanted to toss out the entirety of Obamacare. He was the driving force behind Citizens United. He’s given sweeping legal immunity to corporations. A 2005 study found that Kennedy was the second most likely justice to strike down acts of Congress — second only to the guy who thinks federal child labor laws are unconstitutional.

So Kennedy is very quick on the draw when he has the opportunity to shape American law more to his liking, an instinct on his part that has generally served America very badly. One rare instance where Kennedy’s has actually been a force of good, however, is gay rights. Kennedy authored two landmark decisions in this space, and is viewed as the most likely fifth vote to strike down the anti-gay Defense of Marriage Act.

Which is why it is a bit concerning to see Kennedy suddenly claiming that he believes in judicial restraint while he is no doubt in the process of reviewing briefs in the marriage equality cases:

U.S. Supreme Court Justice Anthony Kennedy said Wednesday that congressional lawmakers need to maintain the nation’s balance of power by being able to compromise, expressing concerns that the high court is increasingly the venue for deciding politically charged issues such as gay marriage, health care and immigration.

Kennedy, a former Sacramento law school professor, was asked by reporters whether he thought the court was deciding too many issues that can be decided by Congress.

“I think it’s a serious problem. A democracy should not be dependent for its major decisions on what nine unelected people from a narrow legal background have to say,” Kennedy said. “And I think it’s of tremendous importance for our political system to show the rest of the world — and we have to show ourselves first — that democracy works because we can reach agreement on a principle basis.”

Now, let’s be clear. If Kennedy has now decided that he cares about judicial restraint, than that could be a very good thing. Kennedy’s opinion in Citizens United did terrible damage to our democracy, as did the deciding vote he cast to install George W. Bush in the White House. He expanded abusive companies’ ability to exploit their consumers through forced arbitration and similar practices. He stole away Lilly Ledbetter’s right to equal pay for equal work. And, of course, the pending challenge to the Voting Rights Act presents him with a fantastic opportunity to show that he is now committed to restraint — an opportunity he did not seem likely to seize during oral arguments.

But his recent claim to care about judicial restraint is, at best, entirely inconsistent with his record on the Court. At worst, it is a warning that he’s suddenly decided to restrain himself now that he has a rare opportunity to do good in the world in the marriage equality cases.

REPORT: 267,000 LGBT People Are Undocumented Immigrants

Jose Antonio Vargas has very publicly come out as both gay and undocumented.

Today the Williams Institute at UCLA released estimates that, for the first time, provide an estimate of the number of adult undocumented immigrants that identify as LGBT living in the United States today. Specifically, Gary Gates of the Williams Institute estimates that there at least 267,000 LGBT undocumented immigrants living inside the U.S. Out of all 904,000 LGBT immigrants in the United States, approximately 30 percent (267,000) are undocumented, while 70 percent (637,000) are documented. Williams’ analysis further shows that LGBT undocumented immigrants are more likely to be male, more likely to be younger, less likely to be Hispanic, and more likely to be Asian compared to the general undocumented population.

It’s worth noting that Williams’ estimate provides a “floor” or lower-bound estimate of the LGBT undocumented population. Williams’ analysis only captures adult undocumented immigrants (those that are older than 18) and includes a conservative estimate that accounts for the reluctance of LGBT undocumented people to self-identify and disclose their sexual orientation and gender identity.

Building on Williams’ analysis, a new report from the Center for American Progress unpacks the demographic characteristics, disparities, and particular challenges facing LGBT immigrants. Specifically, LGBT people find themselves at the intersection of two marginalized populations — the LGBT population and the undocumented population — that make them among society’s most vulnerable. For example, looking specifically at income insecurities, the median income for undocumented immigrants is $14,000 less than the median household income for U.S. born residents. For their part, same-sex couples make $15,000 less per year than families headed by an opposite-sex couple. Statistics are even more dire for transgender workers, 15 percent of whom make less than $10,000 per year. Considering these statistics, it stands to reason that earnings disparities are even starker for someone who is both LGBT and undocumented.

CAP’s report also highlights a number of other challenges facing LGBT immigrants:

  • Family Separation for binational same-sex couples: The Defense of Marriage Act (DOMA), which denies federal benefits and protections to legally married same-sex couples, acts as a barrier to family reunification and an individual’s ability to sponsor a same-sex spouse or partner for residency.
  • Detention Conditions: LGBT undocumented immigrants face a multitude of issues when faced with mandatory detention, ranging from discrimination, harassment and physical violence to segregation and denial of medically necessary services for HIV-positive and transgender detainees.
  • Asylum Standards: Under current immigration law, immigrants seeking asylum must file within one year of entering the United States, otherwise, the threshold for gaining asylum is significantly higher. This arbitrary deadline belies the fact that many LGBT asylum seekers, who may come from countries where they have had to hide their sexual orientation or gender identity for risk of persecution, may not be prepared in that time span to come to terms with their LGBT identity.

Given the sheer number of undocumented immigrants that identify as LGBT and the complex issues they face, a path to earned citizenship is a critical component of advancing LGBT equality. The Obama Administration has already leveraged its administrative authority to give reprieve to LGBT immigrants and detainees. Now it’s Congress’ turn to act. In addition to passing immigration reform with a path to earned citizenship, there are other important policy recommendations that, if enacted, would alleviate many of the challenges facing LGBT undocumented immigrants:
Read more

Our guest blogger is Christopher Frost, intern for the LGBT Research and Communications Project at the Center for American Progress.

BREAKING: Colorado House Appropriations Committee Advances Civil Unions Bill

The Colorado House Appropriations Committee just advanced the civil unions bill with a vote of 9-4, including a yes vote from Republican Rep. Cheri Gerou, co-sponsor of the bill. This was the final committee vote the bill required, meaning it will advance to the full House next week. The Senate already passed the bill, Gov. John Hickenlooper (D) has committed to signing it, and 70 percent of Colorado voters support it.

Insurance Agency Reverses, Agrees To Cover Transgender Student’s Treatment

Donnie Collins, center, with two of his supportive fraternity brothers.

Some fraternity brothers at Emerson College decided to an amazing thing for one of their newest members: help raise money to pay for his breast reduction surgery as part of his gender transition. Their initial goal was $2,000, to cover just a quarter of Donnie Collins’ costs, but have so far raised not only the full $8,125 it would cost, but now over $20,000. The fraternity decided to donate the excess funds to the Jim Collins Foundation (no relation), which helps transgender people with financial assistance for gender-confirming surgeries. Now, it seems that there was a mistake, and Collins’ insurance has agreed to cover the costs.

After Collins’ initial rejection from Aetna, Emerson reached out for clarification, because its insurance policy is supposed to cover transgender benefits. In fact, it was among the first universities in the country to offer trans-inclusive coverage. According to a statement from the college, the language for the inclusive policy “had inadvertently not been updated by Aetna on their internal documents.” Now that it has been clarified, Collins’ surgery can proceed, requiring only that he pay an insurance copay. His hormone therapy, for which he has also paid hundreds of dollars out-of-pocket, will also now be covered. The brothers still plan to donate all the extra funding to the Jim Collins Foundation.

Collins’ story is a simple example of how transgender people still face legal and financial obstacles to simply arrive at an authentic identity. He is fortunate to have such loving fraternity brothers and a considerate university that appreciates his healthcare needs, but many trans people have no such advocates. Hopefully his happy ending can inspire others to do right by trans people and help them receive the care they deserve.

Here’s a clip Collins recorded explaining his transition and everything that’s transpired so far:

President Clinton: DOMA Is Discriminatory And Unconstitutional

In an editorial published Thursday, President Bill Clinton explained that even though he signed the Defense of Marriage Act (DOMA) in 1996, he does not stand by it. Signing DOMA into law, he suggested, helped dissipate the more “draconian” momentum to pass a constitutional amendment banning same-sex marriage. In fact, he now believes it to be not only constitutional, but blatantly discriminatory against gays and lesbians:

When I signed the bill, I included a statement with the admonition that “enactment of this legislation should not, despite the fierce and at times divisive rhetoric surrounding it, be understood to provide an excuse for discrimination.” Reading those words today, I know now that, even worse than providing an excuse for discrimination, the law is itself discriminatory. It should be overturned.

We are still a young country, and many of our landmark civil rights decisions are fresh enough that the voices of their champions still echo, even as the world that preceded them becomes less and less familiar. We have yet to celebrate the centennial of the 19th Amendment, but a society that denied women the vote would seem to us now not unusual or old-fashioned but alien. I believe that in 2013 DOMA and opposition to marriage equality are vestiges of just such an unfamiliar society.

Clinton joins 21 Senators and many other Congressional Democrats who previously supported DOMA but now stand opposed to it. The Supreme Court will hear oral arguments challenging its constitutionality on March 27.

The Morning Pride: March 8, 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.

- On the eve before the Supreme Court arguments, San Francisco will host a March 4 Equality.

- A proposed Utah LGBT nondiscrimination bill has advanced out of committee.

- The Minnesota marriage equality bill has enough support to advance out of committee.

- The Illinois House voted 61-55-1 to pass a bill that repeals a law requiring health officials to contact school principals when a child is diagnosed as HIV-positive.

- CPAC will have a pro-gay rights panel after all.

- The Colorado school that denied a trans student use of the proper bathroom has refused to enter mediation talks with her family.

- A high school in the Chicago suburbs is fighting bullying with a campaign featuring 26 teachers who posed for NOH8 portraits.

- An ATM receipt in Puerto Rico came with an extra message: “WE HATE FAGS.”

- Greece has included gender identity in its hate crime law, making it the first transgender protection in the country.

- Canada has been helping to fight Uganda’s “Kill The Gays” bill.

- Several prominent Chicago athletes, including Ernie Banks and Richard Dent, have come out for marriage equality (cartoon via the Dallas Voice):

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