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POLL: Tennessee Voters Support Benefits For Same-Sex Couples

A new poll from Vanderbilt University shows that support for legally recognizing same-sex couples continues to grow in Tennessee, but at rates slower than the rest of the country. A 49 percent plurality now support civil unions or marriage equality, while 46 percent remain opposed to both. Still, 62 percent believe that gays and lesbians should receive health insurance and other employee benefits for their partners, while only 31 percent oppose that idea.

A number of anti-gay bills related to education died in the Tennessee legislature this year, but lawmakers did designate August 31 as “ido4life Traditional Marriage Day,” a day committed to condemning same-sex marriage.

 

Conservatives Reticent To Condemn Anti-Gay Hate Crime

The point-blank murder of Mark Carson, who was targeted specifically because he was gay, has shaken the LGBT community nationwide, particularly in New York City. After a vigil Saturday night and huge march on Monday, not one conservative group had yet spoken about the incident. This prompted Daily Kos blogger Scott Wooledge to point out a harsh juxtaposition, noting that mere hours after a shooter opened fire at the Family Research Council in August, wounding a security guard, a large coalition of LGBT groups issued a joint statement condemning the violence. Through his infographics studio Memeographs, he produced the image at right criticizing the anti-gay groups.

Only after its viral distribution did conservative groups begin to issue statements. Brian Brown of the National Organization for Marriage was first, though he tried to distance the homophobia that prompted the crime from the homophobia NOM promotes daily. He also suggested that opponents of marriage equality are equally persecuted:

We condemn in the strongest possible way the murder of a gay man in New York by a killer who apparently hurled anti-gay insults at him moments before the killing. This senseless act cannot be condoned in America or anywhere, and we urge that the perpetrator be prosecuted to the fullest extent of the law. Our heart goes out to the family of the victim, and we hold them in our prayers. While this killing appears to have no connection to the current debate about redefining marriage, there is no room for violence toward any American — whether they support traditional marriage or not. No person should be subjected to violence because they are gay or lesbian or because they believe that marriage is the union of one man and one woman. There is no place for violence, period.

Tony Perkins of the Family Research Council followed suit, issuing a statement that was narrowly distributed via email and has since been published:

We denounce any and all acts of unprovoked violence. No American should be the target of violence – period. We hope and trust that justice will be served in that the perpetrator of this senseless act of violence will be prosecuted to the fullest extent of the law.

Other conservatives were more cruel in their response. Matt Barber of the Liberty Counsel chose to chide LGBT activists for politicizing the shooting, tweeting Monday, “That didn’t take long. Let no tragedy go to waste, eh?”He did condemn the murder, describing the murderer not as homophobic, but as psychotic. Of course, he has done plenty to politicize the FRC shooting, using it to target the Southern Poverty Law Center’s labeling of hate groups — a label he once wore as a “badge of honor.”

The American Family Association has yet to say anything about Carson’s murder or the rash of anti-gay hate crimes in New York. Instead, its OneNewsNow service ran a story Tuesday about Christians being persecuted in China. OneNewsNow regularly includes content fed from the Associated Press and outside sources, so it’s likely an editorial decision was made to feature one and not the other.  Violent persecution anywhere is wrong, but it seems AFA, which also attacked the SPLC over the FRC shooting, prioritizes some stories over others.

Homophobia and transphobia stem from notions that LGBT people are weak, less than, deviant, harmful to society, and deserve to be ostracized because of their identities. These are the very messages promoted by these conservative groups, which is why many of them have been labeled as hate groups. That they had to be prodded over several days to condemn a murderous hate crime — and many still haven’t — could indicate a lack of concern about anti-LGBT violence, but it could also suggest a subtle acknowledgment that the rhetoric they promote bears some responsibility in the first place.

Update

This post has been updated to reflect the tweet Matt Barber sent on March 19.

The Morning Pride: May 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.

- The Peace Corps will now accept applications from same-sex couples who wish to serve overseas together.

- Both President Clinton and President Obama have encouraged Illinois to pass marriage equality.

- Bob Vander Plaats of Iowa’s The FAMiLY Leader explains his opposition to same-sex marriage: “It’s awful.”

- Meet the closeted gay employee serving the Boy Scouts of America full time in silence.

- The British House of Commons voted 366-161 to give final approval to the marriage equality bill after amendments. (It passed the initial bill in February 400-175.) It will proceed to the House of Lords in the coming weeks.

- A new study finds widespread homophobia through the European Union — in school, work, and throughout daily life.

- A new study of Italy’s schools finds that 40 percent of straight students refuse to have gay friends.

- Graduating high school senior Ted Chalfen of Boulder, Colorado, spoke about how rewarding his school experience was because his classmates accepted him when he came out:

Health

How Sexual Stigma Is Undermining HIV Treatment On American Indian Reservations

(Credit: Navajo AIDS Network)

A Navajo reservation on the Arizona-New Mexico border has seen its HIV diagnoses go up by 20 percent since 2011. Despite a concerted push by the federal Indian Health Service (IHS) and public health advocates to expand tribal HIV education programs, doctors have found treatment and prevention efforts to be stymied by cultural stigma surrounding the disease and homosexuality.

Since the Navajo tribe is a comparatively isolated population, the topline numbers of HIV infections among tribe members are relatively low, and at least part of the rise is attributable to enhanced screening efforts. However, that same seclusion allows stigma and the fear of community repercussion to prevent infected Navajo men from seeking care once they are diagnosed. “Our communities are very small, and that can lead to people avoiding stigma, rather than getting the care they need,” IHS chief medical officer Dr. Susan V. Karol told the New York Times.

In turn, that stigma can prevent tribe members from even discussing the disease and their various treatment and prevention options:

Melvin Harrison, the executive director of the Navajo AIDS Network, which provides services for tribal members with H.I.V., said that of the 65 people his group treats, a majority have not told family or friends.

“That’s how big the stigma is here,” he said. “They are afraid of rejection.” [...]

One Navajo man, who contracted H.I.V. from his partner in 2001, recalled how his mother refused to hug him and served him food on plastic plates when she found out he was infected. [...]

[The] man has not told his three brothers that he has H.I.V. because he fears they will shun him. “I don’t think I’ll ever tell them,” he said. “I don’t want to be pushed out of their lives.”

This dynamic devolves further due to the added stigma regarding homosexuality in the tribe. The IHS estimates that men who have sex with men (MSM) accounted for accounted for nearly half of the new cases since 2011, and 75 percent of the Navajo AIDS Network’s clients are closeted homosexual men.

But this tendency to sweep HIV infection under the rug presents a major barrier to an effective treatment regimen. Family and community awareness of the disease is an important tool for making sure that HIV-positive men are following through on their medications and checkups. Conversely, the desire to keep a diagnosis secret can create tensions in tribal doctor-patient relationships and contribute to treatment noncompliance. Teen mothers and mentally ill Americans have faced similar stigma, and have either forgone care or been denied access to adequate medical and social resources as a consequence.

For the Navajo community in particular, overcoming these archaic cultural mores is literally a matter of life and death. Although the medical reason for it remains ambiguous, researchers note that Native Indians diagnosed with HIV and AIDS have a lower chance of survival compared to other racial groups.

Senate Immigration Bill Unlikely To Include Amendment For Binational Same-Sex Couples

A significant point of contention in the immigration reform legislation currently undergoing mark-up in the Senate Judiciary Committee is whether individuals in binational same-sex couples should have the same right to sponsor their partners for citizenship as opposite-sex couples already enjoy. Because of the Defense of Marriage Act (DOMA), the federal government does not recognize same-sex marriages and thus extends those couples no immigration benefits. Sen. Patrick Leahy (D-VT) has been adamant about adding these protections to the bill through amendment versions of his Uniting American Families Act (UAFA), but Republicans like Sens. Marco Rubio (FL) and Lindsey Graham (SC) have made it clear the protections are a deal-breaker for reform.

Committee mark-up is nearing its end this week and Leahy’s amendments have still not been introduced. Sources suggest that President Obama encouraged Leahy not to introduce these amendments in committee, but save them for introduction on the floor of the full Senate. Obama has said publicly he believes that including protections for same-sex couples is the right thing to do, but UAFA would likely face an even bigger hurdle on the Senate floor than it would if included with the bill in committee.

Despite Republicans’ threats to let the inclusion of same-sex families derail the entire bill, several of the major conservative groups that support the bill also back UAFA’s protections. Some, like The DOMA Project’s Lavi Soloway, have called out Senate Democrats on the committee for caving to these threats rather than defend the gay community’s inclusion on principle. United Methodist Church Bishop Minerva G. Carcaño has suggested that any Senator willing to walk away from the bill over the inclusion of LGBT families “should be ashamed of themselves.”  In contrast, blogger Bil Browning argues that immigration reform is too important for all LGBT immigrants to worry about specific protections for couples. The legislation does contain some provisions that will especially help LGBT people, including a protection that people cannot be targeted for solitary confinement because of their sexual orientation or gender identity.

Nevertheless, the absence of UAFA would limit gay, lesbian, and bisexual immigrants to one less path on the roadmap to citizenship. Should the Supreme Court overturn Section 3 of DOMA next month, however, the federal government may be able to recognize same-sex couples for immigration purposes.

There are estimated to be at least twenty-four thousand binational same-sex couples in the United States and many will undoubtedly be helped by the bill’s legalization provisions. Countless stories of these families being separated by deportation have permeated the media over the past few years. Republicans are insisting that this should remain the status quo, and it seems they might just have the political leverage to keep it that way.

Update

Sen. Leahy decided not to introduce the UAFA amendments, offering this statement:

LEAHY: I take the Republican sponsors of this important legislation at their word that they will abandon their own efforts if discrimination is removed from our immigration system. So, with a heavy heart, and as a result of my conclusion that Republicans will kill this vital legislation if this anti-discrimination amendment is added, I will withhold calling for a vote on it.  But I will continue to fight for equality.

The bill passed out of committee by a 13-5 vote.

Election

Cuccinelli Endorses Running Mate, But Won’t Defend Anything He’s Ever Said

Virgnia GOP statewide nominees Ken Cuccinelli II, EW Jackson Sr., and Mark Obenshain

Virgnia GOP statewide nominees Mark Obenshain, Ken Cuccinelli II, and EW Jackson Sr. (Credit: Kyle Green/Roanoke Times)

Virginia Attorney General Ken Cuccinelli II (R), the Republican nominee for governor, endorsed his newly-nominated running mate, Bishop E.W. Jackson Sr., but refused to say whether he agreed with Jackson’s myriad controversial comments.

Cuccinelli told a crowd in Abingdon, VA on Monday that he wants Jackson, as Lt. Governor, breaking ties in the currently split Virginia Senate: “I don’t need to know what the subject matter that’s going to tie up 20-20 that the LG can vote on will be. I’m confident that we’re going to get the right vote every single time out of E.W. Jackson. So I’m glad he’s on this ticket, too.”

But in a statement to the Virginia Pilot, Cuccinelli also said he would not answer questions about his new running mate’s views. “We are not defending any of our running mates’ statements now or in the future,” he noted, adding “The people of Virginia need to get comfortable with each candidate individually.”

Given the panic and criticism from some Republicans over Jackson’s surprise victory at Saturday’s Republican Party of Virginia nominating convention, it is unsurprising that Cuccinelli wants to keep his running mate at arm’s length. But their arch-conservative views on key issues seem largely identical:

Jackson Cuccinelli
LGBT Rights Jackson opposes LGBT equality, claiming, “Homosexuality is a horrible sin, it poisons culture, it destroys families, it destroys societies; it brings the judgment of God unlike very few things that we can think of.” Cuccinelli opposes LGBT equality, claiming, “When you look at the homosexual agenda, I cannot support something that I believe brings nothing but self-destruction, not only physically but of their soul.
Planned Parenthood Jackson has attacked Planned Parenthood, calling it “more lethal to black lives than the KKK ever was.” Cuccinelli has frequently attacked Planned Parenthood, accusing them of having an “open willingness to participate in human trafficking,” and has suggested the fact that abortion clinics in Virginia are in urban areas with large African American populations is an example of white racism.
Health care Jackson does not believe Virginia should comply with the Obamacare law, claiming, “Virginia is duty bound to DEFY NOT COMPLY with any federal encroachment on the rights and freedom of our people. Working families across the Commonwealth are disappointed that a Republican led General Assembly decided to COMPLY and NOT DEFY a law that will greatly hurt the economy and health care options affecting all Virginians.” After Cuccinelli’s failed challenge to Obamacare in federal court, he suggested Virginia might not need to comply with the law: “It’s not like there’s criminal penalties out there — it becomes a power struggle,” he noted, adding, “There have been periods of time when states have just thrown their hands up and said, ‘We’re not going to do this’… It’s still possible, but it’s outside the expected legal structure.
President Obama Jackson has attacked President Obama for having “Muslim sensibilities,” claiming Obama “sees the world and Israel from a Muslim perspective.” He called Obama an anti-Semite, blaming “his Muslim associations and his long period of mentorship under Jeremiah Wright.” Cuccinelli dabbled in birtherism in 2010, saying, “Someone is going to have to come forward with nailed down testimony that he was born in place B, wherever that is. You know, the speculation is Kenya. And that doesn’t seem beyond the realm of possibility.” He quickly backed down.

For his part, Jackson sees Cuccinelli as an ideological soul mate. In a March posting on his campaign website, entitled “Ken Cuccinelli Is Right,” he wrote: “As an American and a Virginian whose ancestors were deemed by some to be less than human, I am proud to stand with a man who has the courage to speak to our consciences. As the Republican nominee for Lieutenant Governor, I will be proud to help Ken Cuccinelli bring common sense values and governance to Richmond. If we are elected in November, KEN AND I WILL FIGHT FOR EVERY VIRGINIAN’S RIGHT TO LIFE, LIBERTY AND THE PURSUIT OF HAPPINESS.”

Ex-Gay Group NARTH Encourages Boy Scouts To Continue Anti-Gay Discrimination

The ex-gay “professional” organization NARTH has published a new document highlighting its beliefs about homosexuality as a recommendation to the Boy Scouts of America (BSA) to continue its policy of not permitting gay Scouts. NARTH asserts the following false conclusions:

  • A person’s environment can contribute to their sexual orientation. Research suggests this isn’t really true after someone’s born.
  • Children experiencing “sexual confusion” can be harmed if encouraged to identify as gay. This is only true for people like NARTH members who believe homosexuality itself is harmful.
  • Engaging in homosexual behaviors carries a “significant risk for serious health consequences.” These are largely caused by anti-gay stigma, not homosexuality itself.
  • Gay young people are more sexually active than their peers. This is a distortion of data showing that young people’s first sexual experience is with a person of the same sex, not evidence about young people who actually identify as gay.
  • Sexual abuse causes homosexuality. This is patently false.

Based on all these assumptions, NARTH warns that allowing gay Scouts would be a threat to other Scouts’ protection:

The most critical question to answer regarding this proposed policy change, however, is: How will child protection be assured? If openly homosexual boys are allowed to participate, how does a Scoutmaster monitor the influence or actions that these boys may have upon others in the troop especially during overnight events? Will equal but segregated facilities be required? This certainly would be the case if the BSA were to alter its policy and admit girls.

As the BSA deliberates a potential change in its membership policy, NARTH encourages the council members to carefully consider the complexities of sexual orientation development reflected in the aforementioned research. Council members must strive to envision the short-term and long-term consequences of any potential decision.

Ex-gay therapists like NARTH represents prey on young people who “struggle with same-sex attractions,” a struggle influenced by a disapproving family or community. Allowing gay Scouts to participate fully in the BSA would both compromise the stigma that they rely on to bring them clients and further disprove many of the claims they make to substantiate their shame-based treatment.

The Arguments Against Marriage Equality Apparently Have Nothing To Do With Gay People

Andrew Walker and Ryan Anderson

The Heritage Foundation’s Ryan Anderson, a disciple of National Organization for Marriage former chairman Robert George, has become a national spokesperson for opposition to marriage equality. In a new piece for Focus on the Family co-written with Heritage’s Andrew Walker, they make “a Millennial case for marriage,” citing a litany of arguments about the importance of not “redefining marriage.” Strikingly, not one of their arguments actually addresses the lives of gay people, and in turn, not one of their points would actually be compromised by same-sex couples marrying.

Here are some of their claims, many of which derive from an arbitrary definition of marriage that “men and women are different and complementary”:

Children Need To Have Fathers

Borrowing a tactic from NOM, Anderson and Walker invoke President Obama’s concerns about how growing up without a father has a significant negative impact on children.  They conclude, “fathers matter, and marriage helps to connect fathers to mothers and children.” But abandoned single mothers have nothing to do with same-sex couples, and studies about “fatherlessness” do not even include lesbian families in their samples. Heterosexual men deserting their families is a legitimate societal concern, but it has nothing to do with same-sex families.

Children Do Best With A Mother And Father

Without referencing a single citation — not even Mark Regnerus — Anderson and Walker proclaim, “For decades, social science has shown that children tend to do best when reared by their married mother and father.” It may be true that children do better with both of their parents as opposed to only one, but social science has found that committed same-sex couples are just as capable of effectively raising children.

They later acknowledge that a “relatively small number” of gay or lesbian couples “would be” raising children — avoiding the reality that they already are — but offer no thought as to how those families would actually benefit from the protections of marriage outlined throughout the rest of the post.

Men Will No Longer Stay Committed To Their Wives

This continues to be one of the most absurd arguments against marriage equality: “Redefining marriage would diminish the social pressures and incentives for husbands to remain with their wives and their biological children, and for men and women to marry before having children.” Whether men will cheat on their wives has nothing to do with whether same-sex couples can marry.

Marital Norms Will Dissolve

Anderson and Walker’s slippery slope suggests that if marriages were reduced to just “intense emotional regard,” they would not have to be permanent, limited to two people, sexually exclusive, or oriented to raising families. But all of these points are already true of opposite-sex couples: many divorce, some practice polygamy, plenty cheat or are open, and none have any obligation to raise children. This argument also undercuts the important protections that couples themselves gain from marriage through that “intense emotional regard,” particularly as they age. Because they don’t have access to marriage, older same-sex couples struggle economically and face extra hurdles to care for each other.

Marriage Equality Discriminates Against Christians

Somehow marriage equality “further marginalizes those with traditional views and erodes religious liberty.” Anderson and Walker are concerned that people who are prejudiced against same-sex couples marrying will be perceived as prejudiced, which just isn’t fair. Borrowing another popular talking point, they claim that Catholic Charities in Massachusetts was “forced to discontinue adoption services,” when in fact they voluntarily shut down because of their insistence on discriminating. They’re also afraid elementary school children will learn that same-sex couples exist, ignoring that they’ll already learn that if their classmates’ parents are same-sex couples. The underlying objection here seems to be that marriage equality will make it harder for Christians to discriminate against the gay community — discrimination for discrimination’s sake.

Society Will ‘Self-Correct On Marriage Over Time’

Anderson and Walker conclude their piece by constructing a narrative of momentum for opposition to marriage equality, imagining “Americans committed to marriage coming out of the shadows.” This optimism for their cause ignores that people of all ages are increasingly supporting same-sex marriage, a trend driven most robustly by the young people they claim to represent. Their hope is that when young people marry, they’ll appreciate the “gendered nature of parenting,” but what seems more likely is that they will only further appreciate just how much respect and security is denied to same-sex couples.

Justice

Posters In Washington State Capitol Claim Gun Laws Are Just Like Anti-Gay Discrimination

A series of posters appeared around the Washington State Capitol in the last several days linking gay rights and opposition to gun laws. One poster even suggests that laws intended to prevent gun violence are the moral equivalent of discrimination:

Another poster proposes armed vigilantism to “defend” the right to marry:

The source of these posters is unclear, although the QR code on the posters leads to a pro-gun website featuring an elaborate quiz on gun rights.

Thousands March Against Hate In New York City

(Credit: Jeffrey James Keyes via Queerty)

Thousands marched Monday night in New York City to denounce the recent rash of anti-gay violence, including the murder of Mark Carson this weekend. The march to the spot where Carson was shot was led by City Council Speaker Christine Quinn, and Edie Windsor, the plaintiff in the Supreme Court challenge of the Defense of Marriage Act, and also included representatives from numerous other LGBT groups.

Glennda Testone, Executive Director of the city’s LGBT Community Center, addressed the crowd at the intersection of 8th Street and Sixth Avenue:

We have always been a community that takes care of each other.  Sometimes when no one else will. We’ll continue to do that. We will continue to show up for each other. There are hundreds of us here tonight, but the truth is, that there are five hundred thousand LGBT people who come to New York because they want to live openly. They want to be who they are, they want to love, and they should be able to do that. They should be able to do that on any street, any avenue, any neighborhood in this great city that we all love. [...]

The violence we’ve seen in recent weeks is a reminder. It’s a reminder that political and legal gains do not always necessarily translate immediately to the street, to every street, and to every person. This is a reminder. It’s why we need to stay united, it’s why we need our voices to be strong, and we can’t go back. We are here today not only to mourn the loss of our community, not only to take back some of our power, and to take back that sense of safety, but we are here together, as one, to create a strong voice that says we will not be threatened, we will not be harassed, we will not be taunted, and we will not be killed because of who we are and who we love.

More photos can be found at Queerty, Towleroad, and Joe.My.God. Watch a brief clips from the rally, including remarks from Carson’s aunt:

The Morning Pride: May 21, 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.

- Advocates say they have the votes for marriage equality to pass in the Illinois House.

- The White House will honor ten state LGBT officials as Harvey Milk Champions of Change, and will always posthumously award the Presidential Medal of Freedom to astronaut Sally Ride.

- A Republican threat of filibuster has killed an LGBT-inclusive anti-bullying bill in the Minnesota Senate.

- A bill that would have limited transgender people’s ability to marry has died in the Texas Senate.

- Same-sex couples are actually raising children largely in states and cities where their marriages aren’t recognized.

- Supporters protested a New Mexico Catholic school Monday night that is refusing to allow a transgender student to wear the graduation robe that matches his gender.

- Baltimore Mayor Stephanie Rawlings-Blake (D) will preside over a mass wedding of same-sex couples at this summer’s Pride.

- Omaha’s newly elected mayor, Jean Stothert, apparently will not try to repeal an LGBT nondiscrimination ordinance.

- The British House of Commons approved several amendments to the marriage equality bill, but none that weakened or threatened its passage.

- A new YouGov poll shows that 54 percent of Britons support marriage equality and only 36 percent are opposed.

- The Church of Scotland General Assembly has voted to allow openly gay ministers.

- Former Australian Prime Minister Kevin Rudd has come out for marriage equality after previously opposing it.

- A Catholic seminary in Pennsylvania offers a “sports camp” that helps gay men shed their same-sex attractions. Perhaps it looks something like this:

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STUDY: Banning Same-Sex Marriage Psychologically Harms Gay Community

Research has previously demonstrated that ballot initiatives to ban same-sex marriage create psychological stress for the gay community, and new analysis from a massive National Institutes of Health study has confirmed the same effect. Around 2004, NIH began conducting interviews for a massive mental health survey, then followed up with the same participants a year later. In the 13 states that approved constitutional amendments banning same-sex marriage that year, there was a sharp increase in psychological disorders among people who identified as gay, lesbian or bisexual, according to Columbia University psychologist Mark Hatzenbuehler:

“Lesbian, gay and bisexual individuals who lived in the states that banned same sex marriage experienced a significant increase in psychiatric disorders,” Hatzenbuehler says.

There was a 37 percent increase in mood disorders,” he says, “a 42 percent increase in alcohol-use disorders, and — I think really strikingly — a 248 percent increase in generalized anxiety disorders.”

To put those numbers in perspective, although Hatzenbuehler did find more than a doubling in the rate of anxiety disorders in states that eventually banned gay marriage, in absolute numbers he found that anxiety disorders went from being reported among 2.7 percent to 9.4 percent of gay, lesbian and bisexual people.

The effect was unique to members of the gay community and unique to those states, not occurring among LGB people in states that didn’t have ballot measures that year. Hatzenbuehler attributes the psychological stress to negative media portrayals, anti-gay graffiti, a general loss of safety, and a feeling of directly targeted for discrimination.

Conservatives regularly claim that there are “health consequences” associated with being gay, but they rarely admit that it’s their rhetoric and tactics that are responsible.

 

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Immigration Asylum And Detention Amendments Could Protect LGBT Immigrants

Last week, the bipartisan immigration reform bill survived its second week of Senate Judiciary Committee markups largely intact and faithful to the “Gang of 8’s” core principals, which would provide a pathway to earned citizenship for the 11 million undocumented immigrants in America.  Today, the Committee will debate proposed amendments to Title III of the bill, which will address interior enforcement of immigration laws, including asylum procedures, indefinite detention, and solitary confinement.  Here’s a rundown of what some upcoming amendments mean for LGBT immigrants:

Asylum

Homosexuality is currently a crime in 78 countries around the world.  The right to seek asylum from persecution is a core right necessary to protect LGBT people around the world from persecution.  Unfortunately, a major obstacle to LGBT immigrants availing themselves of asylum in the United States is a bureaucratic one.   Under the current law, asylum seekers are required to file an asylum application within one year of entering the U.S.  Currently, under the one-year filing deadline, refugees with credible claims are denied asylum simply because of a bureaucratic technicality.  The elimination of the one-year filing deadline is particularly important for LGBT asylum seekers, who often miss the one-year deadline because they either do not know that sexual orientation or gender-based persecution are grounds for seeking asylum or do not feel safe disclosing their LGBT status to U.S. government officials within a year of arriving in the United States.

The Bill currently would end the one-year filing deadline, but Sen. Chuck Grassley (R-IA) has proposed two amendments that would compromise this improvement:

  • Grassley’s amendment 27 would completely remove the language ending the one-year filing deadline.
  • Grassley’s amendment 52 would substantially delay the elimination of the one-year filing deadline for asylum applications.

Indefinite Detention and Solitary Confinement

Immigrants in detention, including asylum seekers, are locked up in jail-like facilities, separated from their families and communities.   LGBT detainees often experience increased rates of discrimination, mistreatment and abuse both at the hands of fellow detainees and by guards.  Furthermore, a New York Times story this spring found that prolonged solitary confinement has been used on LGBT detainees under the guise of protecting them.  Some upcoming amendments improve the situation of LGBT immigrants in detention facilities, while others place them at greater risk of harm:

  • Sen. Richard Blumenthal’s (D-CT) amendment 2 would prohibit the use of solitary confinement based on sexual orientation and gender identity and stop ICE from using solitary confinement for “protection” of detainees.
  • Despite Constitutional precedent prohibiting the indefinite detention of immigrants, Grassley amendment 53 requiring the indefinite detention of immigrants who cannot be deported, without even the basic protection of a bond hearing to determine if they should be detained in the first place.  His amendment would also require the prolonged detention of arriving asylum seekers, including people seeking protection in the US from persecution on account of their sexual or gender identity.
  • Grassley 51 would eliminate the bill’s expansion of alternatives to detention.  Alternatives to detention seek to make detention less restrictive and less costly for immigrants who have no criminal background and do not pose a flight risk.  For LGBT detainees, who have historically faced unsafe conditions in traditional detention facilities, alternatives offer a way to remain in their support communities while awaiting the outcome of their cases.
  • Senator Jeff Session’s (R-AL) amendment 5 would impose a mandatory 60-day sentence of imprisonment for any immigrant who overstays his or her visa unless the person can be removed within 90 days.  Not only would the amendment require incarceration with no determination of an immigrant’s actual risk to public safety, it would also subject some asylum seekers and Deferred Action for Childhood Arrivals to mandatory imprisonment.

Sharita Gruberg is a Policy Analyst for the LGBT Immigration Project at the Center for American Progress.

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Obama To Morehouse Grads: ‘Be The Best Husband To Your Wife, Or Your Boyfriend, Or Your Partner’

President Obama delivered the commencement speech this weekend at Morehouse College, an historically black all-male liberal arts school in Georgia. His remarks were remarkably gay-inclusive, challenging the graduates to be the best husband they can be even if their partner isn’t female, and to recognize the kind of oppression other groups experience, including gays and lesbians:

OBAMA: And that’s what I’m asking all of you to do:  Keep setting an example for what it means to be a man.  Be the best husband to your wife, or your boyfriend, or your partner.  Be the best father you can be to your children.  Because nothing is more important. [...]

As Morehouse Men, many of you know what it’s like to be an outsider; know what it’s like to be marginalized; know what it’s like to feel the sting of discrimination.  And that’s an experience that a lot of Americans share.  Hispanic Americans know that feeling when somebody asks them where they come from or tell them to go back.  Gay and lesbian Americans feel it when a stranger passes judgment on their parenting skills or the love that they share.  Muslim Americans feel it when they’re stared at with suspicion because of their faith.  Any woman who knows the injustice of earning less pay for doing the same work — she knows what it’s like to be on the outside looking in.

So your experiences give you special insight that today’s leaders need.  If you tap into that experience, it should endow you with empathy — the understanding of what it’s like to walk in somebody else’s shoes, to see through their eyes, to know what it’s like when you’re not born on 3rd base, thinking you hit a triple.  It should give you the ability to connect.  It should give you a sense of compassion and what it means to overcome barriers.

Watch the full address (HT: Towleroad):

In 2009, Morehouse College was the subject of controversy for instituting a dress code that seemed to specifically target gay men who occasionally cross-dressed. More recently, the university established a scholarship in the name of gay civil rights activist Bayard Rustin and also began offering its first Black LGBT History course.

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Virginia Republicans Nominate Rabidly Anti-LGBT Ticket

At its nominating convention Saturday, the Republican Party of Virginia selected three candidates for the November 2013 statewide elections. Their selections — Attorney General Ken Cuccinelli II for governor, Bishop E.W. Jackson for lieutenant governor, and State Senator Mark Obenshain for attorney general — represent three of the most vocally anti-LGBT figures in the history Virginia politics.

Ken Cuccinelli

Virginia Attorney General Ken Cuccinelli (R)Over his seven-and-a-half years as a state senator and his four year as attorney general, Cuccinelli earned a reputation as Virginia’s Todd Akin. He opposes even the most basic legal protections for LGBT people because he believes same-sex relationships are immoral — previously explaining, “My view is that homosexual acts, not homosexuality, but homosexual acts are wrong. They’re intrinsically wrong. And I think in a natural law based country it’s appropriate to have policies that reflect that.” Even after the U.S. Supreme Court ruled in its 2003 Lawrence v. Texas case that such bans were unconstitutional, he helped defeat an effort to repeal the state law making consensual sodomy a felony. This maneuver came back to haunt him earlier this year, when prosecutors tried to make use of the law to prosecute a statutory rape case and courts rejected the case on constitutional grounds.

He has actively pushed for state and federal constitutional amendments to prevent any legal recognition of what he terms, “what they’d like to refer to as ‘homosexual families,’” authoring a resolution calling for a federal amendment to invalidate any same-sex marriage, civil union, domestic partnership, or “other relationship analogous to marriage.” He has opined that “giving public sanction to homosexual marriage ends up redefining marriage and it’s certain to harm children.” He even opposed a state bill that allowed private companies to voluntarily provide health insurance benefits to employees’ domestic partners, warning it might “encourage this type of behavior.” His advisory opinion that Virginia’s public colleges and universities should rescind their nondiscrimination policies was called “reprehensible” by a former Republican state legislator. As recently as February, he reaffirmed his fealty to Virginia’s marriage inequality amendment, saying, “Virginians decided this in 2006 that we were going to respect traditional marriage… I don’t see that changing anytime soon.”

After unsuccessfully attempting to block a non-binding resolution honoring a Richmond-based LGBT charitable group, Cuccinelli explained, “When you look at the homosexual agenda, I cannot support something that I believe brings nothing but self-destruction, not only physically but of their soul.”

E.W. Jackson

Bishop E.W. Jackson (R)As a pastor and unsuccessful 2012 Senate candidate, Jackson has never been shy about expressing his strong opposition to LGBT people. He believes gays and lesbians are “very sick people, psychologically and emotionally” whose minds are perverted. He has also said, “Homosexuality is a horrible sin, it poisons culture, it destroys families, it destroys societies; it brings the judgment of God unlike very few things that we can think of.” Read more

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Alyssa

What Baylor University And Brittney Griner Tell Us About What It Means To Be “Out Of The Closet”

Brittney Griner, the Baylor University basketball star who made headlines this spring both when Dallas Mavericks Mark Cuban offered her a tryout to see if she’d be able to play competitively in the National Basketball Association rather than the WNBA—she ultimately signed with the Phoenix Mercury, a women’s team—and then when she confirmed that she’d always been open about her sexual orientation—she is gay—with people who knew her in person, even in Baylor’s observantly Christian environment. Now, in an a pair of interviews with ESPN, Griner explains that even though she was able to be personally out of the closet, the women’s basketball team encouraged her to keep the story from going national during her career:

In a series of interviews — including one on camera Friday — for an ESPN The Magazine and espnW.com story set to hit newsstands later this month, Griner said her silence during college was because Mulkey and her staff were concerned about the program’s image.

“It was more of a unwritten law [to not discuss your sexuality] … it was just kind of, like, one of those things, you know, just don’t do it,” Griner said Friday. “They kind of tried to make it, like, ‘Why put your business out on the street like that?’”

But Griner reiterated on Friday that her sexuality was an open secret at Baylor.

“I told Coach [Mulkey] when she was recruiting me. I was like, ‘I’m gay. I hope that’s not a problem,’ and she told me that it wasn’t,” Griner said. “I mean, my teammates knew, obviously they all knew. Everybody knew about it.”

It’s unfortunate that Baylor basically told Griner that her sexual orientation was no big deal—as long as, by their definition, she didn’t make it that way. And her experience raises interesting questions about what it means for a person to be out of the closet, particularly if their lives are bifurcated between their personal social experiences and a national role.

Baylor’s question, as Griner phrased it, “Why put your business out on the street like that?” speaks to the difference beween so-called tolerance and actual acceptance of LGBTQ people. In the absence of confirmation that someone is gay, they’re assumed to be straight, in part because that’s an assumption that makes people who have little experience with gay people more comfortable. Heterosexuality isn’t “business” that makes anti-gay people uncomfortable to encounter. It’s a neutral default. And because of that assumed neutrality, heterosexuality isn’t something that it’s possible to be “out” about. It’s presumed to be visible even if a theoretically heterosexual person isn’t actually dating someone in a way that publicly confirms their sexual orientation. Heterosexuality can only be disproved. Homosexuality or bisexuality, by contrast, aren’t necessarily visible to a casual observer who chooses not to see the possibility that a figure like Griner could be gay. But that LGBTQ people have to confirm their sexual orientations, at this point, says as much about outsiders who assume they must be straight as it does about LGBTQ people themselves.

And it’s that dynamic that upsets the long-established narrative of coming out particularly for public figures. If Griner was out to her friends, family, and potential partners at Baylor, is the fact that a national audience didn’t know or think that she might be gay on her, or on that audience? Coming out has been framed as a triumphal process, both for the person who finally gets to acknowledge their true identity in public after suffering under pressure to hide, and for people who benefit from the knowledge that there are happy gay people in, say, college sports. But conversely, there’s something frustrating about the idea that Griner, who was out to people who know her in real life already, has to inform a national audience who assumed she was straight by lazy default that, no, actually, she’s gay. It’s great that Griner’s willing to use her experience to educate a national audience about what it’s like for a talented gay woman to coexist with an institution that has openly homophobic statements of principals on its books. But that her experience still seems novel enough to merit news coverage says less about her courage, and more about the lack of imagination of viewers at home who hadn’t bothered to think about Baylor’s treatment of gay and potentially gay players until Griner stepped forward.

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Conservatives Are Okay With Gay Scouts If They Stay Closeted

This week, the Boy Scouts of America National Council will finally vote on whether to amend its policy to allow gay Scouts, though it would still prohibit gay Scout leaders. Conservatives continue to eagerly argue that maintaining the complete ban on homosexuality is important for “protecting” Scouts as well as the religious faith of the many churches that sponsor troops, though many people of faith support equality in Scouting too. But last week, the Family Research Council’s Cathy Ruse presented this interesting “Don’t Ask, Don’t Tell” interpretation of the ban:

Finally, an important distinction has been lost in the current debate. The Boy Scouts’ long-standing policy does not, by its terms or in practice, exclude people who experience same-sex attraction. Rather, the prohibition is on “open and avowed” homosexuality, and it is that prohibition which will be lifted if the resolution passes.

In other words, it’s apparently okay to be a gay Scout — it’s just not okay to acknowledge it. The problem isn’t whether there’s someone gay in a troop, but whether people in the troop actually learn anything about the existence of gay people. In contrast, multiple studies have shown that coming out is actually good for individuals’ health. Honesty to one’s self, friends, family, and community also embodies the Scout virtue of being trustworthy.

This argument actually compromises conservatives’ many claims about gay men being sex-obsessed pedophiles. Instead, it reflects an assumption that sexual identity should be denied or repressed, framed by Ruse’s plea to Catholic church sponsors to oppose the change. It’s basically an admission that opposition to lifting the ban has little to do with “protecting” anybody and more to do with maintaining religion-fueled animus against people who are gay, lesbian, and bisexual. Indeed, this approach jibes with how the Catholic Church tries to simply deny the existence of gay people.

By trying to posit both arguments simultaneously, the Family Research Council and other conservative groups demonstrate that they have no legitimate reasons for discriminating against gay Scouts. They support discrimination simply because they support anti-gay stigma.

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New York City Rocked By Hate Crime Murder And Spate Of Anti-Gay Violence

(Credit: Joe.My.God.)

Late Friday night, a gunman claiming to be the Newtown shooter chased after 32-year-old Mark Carson through the Greenwich Village neighborhood of New York City shouting homophobic slurs at him, and ultimately shot him in the face. Carson was pronounced dead upon arrival at Beth Israel Medical Center. After an ensuing policing chase, the suspect was taken into custody and later identified as 33-year-old Elliot Morales, who has previously spent ten years in prison for robbery.

On Saturday, Police Commissioner Raymond W. Kelly explained that “this clearly looks to be a hate crime.” There have already been 22 bias-related crimes reported in New York City this year, a sharp increase over 13 such crimes during the same period last year. Carson’s murder was the fifth incident this month alone. Earlier this month, a same-sex couple walking arm-in-arm were brutally beaten in broad daylight just outside Madison Square Garden by a group of men calling them faggots.

Hundreds attended a midnight candlelight vigil Saturday night, where speakers repeatedly implored the crowd to “Say his name!” prompting a response of “Mark Carson, Mark Carson, MARK CARSON!” This afternoon, the city’s LGBT Community Center has organized a march and rally in response to Carson’s death and the spate of hate crimes against gay men.

Watch a video of Saturday night’s vigil (via Joe.My.God.):

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The Morning Pride: May 20, 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.

Anti-gay Orthodox Christians challenge police at Georgia's march against homophobia. (Credit: AFP)

- French President François Hollande has signed marriage equality into law.

- A Texas gay couple has been separated after the sister of the partner with Alzheimer’s claimed guardianship even though they had power of attorney for each other; she then evicted the healthy partner from his house because they still had three years left on paying their mortgage.

- The 2013 Human Rights Watch “Hall of Shame” includes the anti-LGBT American Center for Law and Justice as several other homophobic groups abroad.

- The coalition that supported marriage equality in Minnesota, Minnesotans United for All Families, will continue its work, protecting supportive lawmakers from conservative election challenges.

- The Missouri Senate advanced an anti-discrimination bill with a 19-11, including nine Republicans, but it died in the House.

- Though Discover cards are often used to support the discriminating Boy Scouts of America, the credit card company says that “discriminatory practices are inconsistent” with its values.

- The New Mexico transgender student who was told he’d have to wear a female robe at his Catholic high school graduation has chosen not to walk.

- A Scottish trans woman was banned from using the ladies’ room at a shopping center in clear violation of the Equality Act 2010, which bars discrimination based on gender reassignment.

- Over 70 percent of Russians oppose any attempts to justify or publicly display same-sex relations.

- A march marking the International Day Against Homophobia and Transphobia in the nation of Georgia was interrupted by thousands of Orthodox anti-gay activists, injuring 28 people in the process.

- Glee‘s Alex Newell (“Unique”) kicked off the New York AIDS Walk 2013 this weekend with a rousing performance of “I Know Where I’ve Been” from Hairspray:

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What’s Next For Kaitlyn Hunt, The Teen Charged With A Felony For Same-Sex Relationship With Classmate

Kaitlyn Hunt (Credit: Indian River County Sheriff's Office)

On Friday night, 18-year-old Kaitlyn Hunt and her family went public with their story: Kaitlyn was charged with a felony stemming from a relationship she had with a 15-year-old girl at her high school. The response in the 48-hours that followed, Kaitlyn’s father Steven Hunt told ThinkProgress in an interview, was “extraordinary.”

Already, nearly 40,000 people have signed a petition calling on the Assistant State Attorney, Brian Workman, to drop the case. On Facebook, more than 13,000 people have joined a group — Free Kate — in support of the family.

Last week, her father said, Workman offered Kaitlyn a plea bargain. She could plead guilty to child abuse, a felony, and spend two years under house arrest. The judge would determine if she would have to register as a sex offender. They were given a deadline of May 24th to accept the offer or face trial.

Kaitlyn’s father suggests his daughters arrest — and the substantial sentence sought by the prosecutor — are motivated by anti-gay bias. He told ThinkProgress that the younger girl’s parents have told teachers at the high school that “their daughter will NOT be gay.”

So what’s next for Kaitlyn?

The family is hoping that public pressure will improve the offer from the State Attorney. Her father said Kaitlyn would be willing to plead to a misdemeanor, but not a felony. If the position of the State Attorney does not change, Kaitlyn and her family are prepared to go to trial.

The family’s attorney, Julia Graves, has assembled a table of experienced defense lawyers that will convene next week to discuss Kaitlyn’s legal options. Meanwhile, Kaitlyn is scheduled to appear in court again on June 20. At that time, if a plea agreement is not reached, the judge could set a date for trial.

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