Ellis County Observer publisher Joey Dauben finally gets a court-appointed attorney

Joey Dauben

Joey Dauben, the publisher of the now-defunct Ellis County Observer, finally got to see a court-appointed lawyer this week to help him fight the three felony counts of child sexual abuse that have kept him in the Navarro County Jail without legal advice for almost two months now.

Edward Jendrzey, whose office is in Waxahachie in Ellis County, received the court-ordered appointment Thursday, Feb. 16. Jendrzey accepted the case after Steve Keathley, a Corsicana attorney whose wife is the president of the Navarro County Bar Association, declined an appointment by District Court Judge James Lagomarsino to represent the journalist.

In a telephone interview today, Jendrzey said, “Yes, he knows I’m representing him,” when asked whether he had met with his new client, who reached out for help from the media this week in a handwritten letter from jail. When a defendant declares himself to be indigent and asks for a court-appointed attorney, that is supposed to occur within 72 hours. In the letter, Dauben also again claimed he is innocent of the charges.

Jendrzey said his first step in Dauben’s representation will be to conduct an independent investigation of the case to learn the circumstances and to attempt to get Dauben’s $200,000 bond set by Lagomarsino lowered. “I’ll be meeting with the prosecutor about that,” Jendrzey said. Dauben’s family and friends have been unable to raise the 10 percent (or $20,000) payment bond agencies typically charge to get a defendant released from jail.

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Rev. Amy Delong, tried by Methodists for being a lesbian, to preach at Bering Memorial Methodist Church

Rev. Amy DeLong

Paperwork can be the bane of any job. For Rev. Amy Delong a simple annual report catapulted her into the maelstrom of the United Methodist Church’s debate on accepting LGBT people. DeLong visits Houston’s Bering Memorial United Methodist Church (1440 Harold) on Sunday, Feb. 12 to preach at both the 8:30 and 10:50 service.

In 2009 DeLong was approached by two women who wanted to get married. After conducting premarital counseling with the couple Delong agreed to perform the ceremony. As a clergy person, DeLong was required to report on her activities at the end of the year, including any weddings she had performed. She knew that the Methodist Church did not allow same-sex marriage but thought “I don’t know if anybody even reads these.” Boy, was she wrong!

With-in three days she was hauled into the her boss’s (the bishop) office. DeLong’s relationship with her partner Val was well known to her colleagues. “I’ve never had a bishop or a leader in the church or a pastor who didn’t know that I was gay,” says DeLong. “Everyone knows Val.” But the church was determined now to make an example of her, and DeLon’s relationship would now be an issue.

In 2011 DeLong was tried in the church’s court with violating the Methodist “Book of Discipline” by being in a same-sex relationship and by performing a same-sex wedding. During the trial she refused to answer pointed questions about her and her partner’s sex life. “No heterosexual couples are ever asked if they
still engage in genital contact in their marriages,” says DeLong. That refusal left the court with no evidence against her on the first charge.

She was convicted of performing the wedding and suspended from ministry for 20 days. The court also required DeLong to work with a group of ministers to prepare a statement on how to “help resolve issues that harm the clergy covenant, create an advesarial spirit or lead to future trails.” “This sentence is complicated,” says DeLong. “It doesn’t lend itself well to media soundbites. So a lot of folks have been saying to me ‘I can’t tell, is this penalty good?’” DeLong responds with a resounding “Yes!” Saying that she welcomes the opportunity to write, teach and study on a topic dear to her heart.

DeLong recalls that during that initial meeting in the bishop’s office one of the bishop’s assistants referred to her as a “self-avowed practicing homosexual.” To which she responded “Val and I aren’t practicing any more… we are pretty good at it by now.” The assistant laughed. More than anything that is the impression one gets of DeLong: someone with a lot of humor and aplomb who is unwilling to back down from a fight for justice.

After the jump watch a clip of DeLong talking about her experience.

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Houston’s State Rep. Garnet Coleman applauds Prop. 8 decision

State Rep. Garnet Coleman

Rep. Garnet Coleman, D-Houston, took to his blog today to applaud yesterday’s decision by the United States Ninth Circuit Court of Appeals declaring Proposition 8  unconstitutional (Prop. 8, passed in 2008, prohibited marriage equality in California):

“Yesterday’s 9th Circuit decision, just like the decision in Lawrence v. Texas, is a stepping stone on the path to marriage equality for all. As Judge Stephen R. Reinhardt of the 9th Circuit Court of Appeals wrote in the opinion, ‘Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gay men and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples.’ The same holds true for the marriage equality ban in Texas. That is why I continue to fight for marriage equality and continue to file the repeal of the ban of same sex marriage. Denying gay couples the right to marry is unconstitutional and a blatant denial of human rights. “

Coleman has a long history of filing pro-LGBT legislation in the Texas House. Last year he introduced historic legislation that, had it passed, would have called for a state-wide vote to repeal the section of Texas’ constitution prohibiting same-sex marriage, so he’s no stranger to the battle for marriage equality.

Coleman is seeking re-election to his District 147 seat. He will face long-time local LGBT activist Ray Hill in the Democratic Primary. No republican candidate has filed for the seat.

Read Coleman’s full statement on his blog.

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“Defining Marriage: A Debate!” at U of H tomorrow

Dr. Jennifer Roback Morse

Dr. Jennifer Roback Morse

One day we will get to the point where an University inviting guests to debate marriage equality will be greeted with the same scorn that an on-campus debate on women’s suffrage or whether or not African-Americans are 3/5 of a person would engender, but that day is not today. Just in time for the expected U.S. Court of Appeals for the Ninth Circuit ruling on Prop. 8  tomorrow, Feb. 7, the Federalist Society and Outlaw at the University of Houston present “Defining Marriage: A Debate!” at noon in the Bates Law Building room 109.

Dr. Jennifer Roback Morse, founder of the Ruth Institute, a project of the National Organization for Marriage, will be on hand to defend the continued prohibition against marriage equality. Mitchell Katine, who served as local counsel in Lawrence v. Texas (the Supreme Court case declaring Texas’ law against “homosexual conduct” unconstitutional) will defend marriage as a civil right, constitutionally guaranteed by equal protection under the law.

As a bonus the first 70 attendees to arrive will receive a free Chick-Fil-A sandwich and waffle fries, because we like our civil rights debated with a side of irony.

After the jump get a sneak peak at the kind of keen logical arguments to be expected from Dr. Morse:

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Araguz booking raises questions about Harris County jail’s treatment of transgender inmates

Judge Vanessa Valasquez

Judge Vanessa Valasquez

According to the Houston Chronicle, Nikki Araguz has been booked into the Harris County Jain after arriving 40 minutes late for a scheduled court appearance on Friday. The court date was to allow Araguz to plead guilty to charges that she stole a watch from an acquaintance last year. Under the proposed plea bargain Araguz would have paid $2,600 in restitution and served 15 days in county jail. State District Judge Vanessa Velasquez, a Republican first appointed to the bench by Gov. Rick Perry, responded to Araguz’ apologies for her tardiness with “It’s too late for sorry,” ordering bailiffs to escort her to a hold cell next to the courtroom.

Araguz is the widow of firefighter Capt. Thomas Araguz who died in the line of duty last year. Capt. Araguz’s ex-wife and mother have sued to claim the portion of his survivor’s benefits reserved for the spouses of slain firefighters, claiming that since Nikki Araguz was identified as male at birth the marriage was invalid under Texas’ laws prohibiting the recognition of same-sex marriage. Mrs. Araguz’s birth certificate identifies her as female, as does her state issued identification.

Araguz’s booking has raised questions about the Harris County’s treatment of transgender detainees. The Sheriff Department’s Public Information Inquiry System listed Araguz using her male birth name on Friday. They have since removed the name from the site’s searchable database but have retained the record, listing it under the department’s “special person number” (SPN) filing system. The SPN record includes Araguz’s birth name. The Sheriff’s office has not returned calls from Houstini asking why the department is not using Araguz’s legal name and if this is common practice.

According to a friend who has visited Araguz at the jail her identity bracelet correctly identifies her gender as “F” – but reflects Araguz’s birth name, not her legal name. Araguz is segregated from the general jail population, but can receive visitors during regular visiting hours.

Araguz will remain in the Harris County Jail until Jan 25 when she is scheduled to appear again before Judge Velasquez.

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Remembering John Lawrence, the man behind Lawrence v. Texas

Lawrence

John Lawrence and Tyrone Gardner

Metro Weekly reports that one-time Houstonian John Geddes Lawrence, the “Lawrence” in Lawrence v. Texas, passed away last month at the age of 68:

“In the facts underlying the Supreme Court case, Lawrence v. Texas, Lawrence and Tyron Garner were arrested under Texas’s Homosexual Conduct Law after police entered Lawrence’s home on Sept. 17, 1998, and saw them “engaging in a sexual act.” The couple challenged the law as unconstitutional”

I was 22 and living in Dallas in 2003 when the Supreme Court issued its opinion in Lawrence declaring Texas’ law against “homosexual conduct” unconstitutional. A group of over 100 people gathered in the parking lot of the Resource Center of Dallas as Dennis Coleman, then with Lambda Legal, read excerpts of the decision. I remember the exuberant electricity in the air, the crowd bubbling with joy and the relief of centuries of official oppression finally coming to an end. Similar get-togethers took place across the state, as an entire community breathing a collective sigh of relief.

That relief has turn to frustration over the years. Although the Supreme Court decision rendered Penal Code Section 21.06 unconstitutional, the law remains on the books, and efforts to remove it have met with significant resistance. During a hearing this spring on finally removing the unconstitutional law, Rep. Jose Aliseda, R – Pleasanton, lamented that repeal of the law would entail removing portions of the Health Code requiring that HIV education efforts include information that “homosexual conduct is not an acceptable lifestyle and is a criminal offense under Section 21.06, Penal Code.”

Before Lawrence several attempts were made to remove the law against “homosexual conduct.” The Texas legislature voted to remove it from the penal code as part of a complete rewrite of the code in 1971, but the measure was vetoed by Gov. Preston Smith. In 1973 the Legislature again undertook a rewrite of the code, keeping “homosexual conduct” a crime but making it a class C misdemeanor. In 1981 a U.S. District Court ruled in Baker v. Wade that the law was unconstitutional, but as that case was winding its way through an unusually torturous appeals process the Supreme Court ruled in Bowers v. Hardwick that a similar law in Georgia was constitutional, making the questions in Baker moot. Similarly, in the 90′s there was hope that Texas v. Morales might finally prevail in defeating the “homosexual conduct” prohibition, but the Texas Supreme Court decided that since, in their opinion, the law was rarely enforced, there was no reason for them to rule in the matter.

Lawrence’s legacy lives on in a scholarship named after him and Garner administered by the Houston GLBT Community Center. The scholarship “recognizes outstanding leadership shown by gay, lesbian, bisexual, and transgender Texas high school seniors and college
students by contributing to the cost of their continuing education. Selection is based upon character and need.” Tim Brookover, president of the community center, expressed sorrow at Lawrence’s passing “John was a hero, the community owes a great debt of gratitude to John and Tyrone for taking the case all the way to the Supreme Court,” said Brookover. “They could have easily allowed it to slip away, but they decided to stay and fight and that makes them heroes and role models.”

The application deadline for the John Lawrence/Tyrone Gardner Scholarship is March 2, 2012.

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A beer by any other name…

On the long list of ridiculous Texas laws the alcoholic beverage code would have to take up about half the space (although that whole “no marriage equality” thing is pretty far up there), but it seems like at least a part of our antiquated system of booze laws is getting an update. Under current state law “beer” can contain no more than 4% alcohol by volume, anything greater and it must be labeled as “ale” or “malt liquor.” If a recent ruling by US District Court Judge Sam Sparks holds that’s about to change.

A group of brewers sued the state arguing that the current restrictions violated their free speech. The judge agreed, and in a hilarious ruling poked fun at the Texas Alcoholic Beverage Commission for thinking they can redefine words by legislative fiat, and gave a shout-out to Austin’s annual bat festival.  From Austin360.com:

“TABC’s argument, combined with artful legislative drafting, could be used to justify any restrictions on commercial speech. For instance, Texas would likely face no (legal) obstacle if it wished to pass a law defining the word ‘milk’ to mean ‘a nocturnal flying mammal that eats insects and employs echolocation.’ Under TABC’s logic, Texas would then be authorized to prohibit use of the word ‘milk’ by producers of a certain liquid dairy product, but also to require Austin promoters to advertise the famous annual ‘Milk Festival’ on the Congress Avenue Bridge.”

 

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What’s Shakin’ – Wings of Desire at MFAH, IRS to allow deductions for gender transition

Wings of Desire1. If you’re a fan of German films that are partially in French, the film oeuvre of Peter Faulk and sexy trapeze artists with existential angst then “Wings of Desire” is your kind of flick.  The 1987 Wim Wenders masterpiece tells the story of an Angel (Bruno Ganz) who, after watching humanity since the dawn of time, desires to become human so he can be with the woman he loves. “Wings of Desire” screens tonight at 7 pm at the Museum of Fine Art Houston (1001 Bissonnet).

2. Transgender Americans who undergo hormone therapy or receive gender realignment surgery may now be able to deduct the costs of those treatments on their taxes. According to GLAD, the Gay and Lesbian Advocates and Defenders, the IRS has issued an “action on decision” statement saying that the agency will acquiesce to an appeals court ruling allowing the deductions. GLAD cautions that medical deductions can still be audited and encourages anyone planning to deduct cost of transition medical expenses to rigorously document the medical necessity of treatments and consult with a tax professional when preparing return

3. Election day is tomorrow. If you’re one of the 58,345 people in Harris County who voted early, then good for you.  If not, you’ll want to visit HarrisVotes.org and find out where to go to cast your ballot.  Polls open at 7 am on Tuesday and close at 7 pm sharp.

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‘Perform or provide’

DADT repeal gives progressive chaplains a chance to counter evangelical clergy in the military

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CATCH-ALL CHAPLAIN | Chaplain Chris Antal (Lt.) attended the meeting of the Forum on Military Chaplaincy at Cathedral of Hope in October. (David Taffet/Dallas Voice)

DAVID TAFFET  |  Staff Writer
taffet@dallasvoice.com
When a soldier recently came to Chaplain Chris Antal, a lieutenant in the Army National Guard in New York and a Unitarian Universalist minister, and asked if he’d pray with her even though she was a pagan, he said he replied, “Of course I will, but you’ll have to show me how.”

Several weeks later, when he saw her again, she told him that the day she had come to visit him, she had hit rock bottom. He had, she told him, saved her life that day.

But Antal said he was only doing his job — helping any soldier who comes to him.

“I’ve earned the nickname, the Catch-all Chaplain,” he said, explaining that it means he takes everyone the other chaplains don’t want to deal with.

Carpenter.Dodd

Capt. Tom Carpenter (ret.) and Col. Paul Dodd (ret.)

Being there to help a soldier in need is what it’s all about for a military chaplain, said Col. Paul Dodd, a retired chaplain who now lives in Austin.

“The duty of a military chaplain is to perform or provide,” said Dodd, adding that he once sponsored an Islamic conference.

Dodd said that no chaplain can perform every service needed by every member of the military. But if a chaplain can’t perform the service requested, he or she must provide that soldier with a referral to someone else who can.

Antal said that chaplains who enlisted knew what they were getting into — to some extent. But none of them really expected the repeal of the military’s anti-gay “don’t ask, don’t tell” policy. And for many, that repeal was a game changer.

In October, a group of active and retired chaplains and military personnel and other people of faith, such as the Rev. Steve Sprinkle from Brite Divinity

School in Fort Worth, met at the Interfaith Peace Chapel at Cathedral of Hope to begin looking at ways of addressing the issues that arose for military chaplains around DADT repeal.

Dave Guy Gainer said The Forum on Military Chaplaincy is not exactly new. It formed in 2005 as a project of Servicemembers Legal Defense Network and worked under the radar until DADT was repealed.

Sprinkle said people in the Pentagon, up through Secretary of Defense Robert Gates, knew about their work and considered their statements throughout the DADT repeal process.

And now, with repeal complete, the group met to “come out.” At their meeting in Dallas, forum members considered ways to become an independent organization helping to ensure newly out service members receive the pastoral care they need while serving in the military.

Susan Gore, principle of The Mentor Group and editor of the book Coming Out In Faith, moderated the Dallas conference. She said the group started with several retired military officers “who wanted to push back against the far-right skew.”

Sprinkle has been part of the forum for four years and said he was recruited to participate because of his work on hate crimes.
Since the terrorist attacks of Sept. 11, 2001, Sprinkle said, more and more members of the Chaplain Corps have come from just one school — Liberty

University, founded by far-right evangelical Jerry Falwell. Today, Sprinkle estimated, one-third of military chaplains come from Liberty University.

“They instituted a program that barely meets minimum requirements,” he said of the evangelical school. “It’s an online course.”

And, Sprinkle said, Liberty University’s goal is to take control of the Chaplain Corps and use the military as a pool for religious recruits.

“This is fertile ground to bring people to Jesus at taxpayer expense,” said Tom Carpenter, a retired Marine captain and one of the forum’s founders.

“I’ve heard stories of them holding the hand of someone who’s dying and trying to bring them to Jesus.”

And although such actions contradict military policy, no one in the corps has been disciplined or dismissed for it.

“They give chaplains a lot of leeway,” Carpenter said.

Gainer said the military is looking for well-rounded ministers who bring experience with them to the military.

According to the U.S. Army Chaplain Center and School in Fort Jackson, S.C., candidates must be endorsed by their denomination or faith group and be “sensitive to religious pluralism and able to provide for the free exercise of religion by all military personnel, their family members and civilians who work for the Army.”

But Sprinkle said that Liberty University is transparent about its goals, and those goals do not line up.

“They’re not committed to pluralism or serving all the troops,” he said.

Gainer said that the greatest opposition to repealing DADT came from the Chaplain Corps because military chaplains answer to two groups — the military and their denomination. Those chaplains that didn’t adhere to a strict stance of maintaining the ban on gays and lesbians were threatened with losing their accreditation from their endorsing religious body — and with it their livelihood and their pensions.

But that contradicts the stated goals of the Chaplain Corps.

“Someone has to say, ‘Either you comply and serve all the troops all the time or get out,’” Sprinkle said.

Gore said that one of the goals of the newly public forum is to “rebalance the Chaplain Corps by bringing in more mainstream faiths.” She said that for many who come from more liberal traditions, questions of what’s a just war make it hard to serve in the military. Antal, for example, is one of just four Unitarian Universalists in the Chaplain Corps.

During its push for repeal of DADT, members
said, the forum had several successes working behind the scenes.

Despite the assumption of confidentiality between parishioner and clergy, that wasn’t always the case between gay soldier and chaplain. Dodd said that a number of discharges under DADT occurred after a soldier talked to a chaplain and the chaplain turned them in.

In fact, he wrote a white paper on the practice. After he submitted it, the military tightened up on chaplain confidentiality, Dodd said.

Carpenter, an attorney, wrote an amicus brief for the Log Cabin Republicans’ lawsuit against DADT. The court found in favor of declaring DADT unconstitutional, but Congress repealed the law before the decision could be enforced.

Carpenter said that the repeal allows gays and lesbians to serve with no protection. The legal decision, had it not been vacated upon repeal, would have allowed gays and lesbians to serve equally.

Now that DADT is gone, the forum is examining how to ensure LGB personnel receive the same services as other troops from chaplains.

Dodd said that right-wing chaplains charge that allowing gays and lesbians to serve in the military will force them to act in ways that go against their beliefs. Some have said they would be required to perform same-sex weddings.

Dodd called that ridiculous. Chaplains are never asked to perform duties that go against their religious beliefs, he said.

“I turned down weddings,” he said. “An officer came to me who wasn’t divorced.”

He said the officer tried to pull strings and force the issue, but Dodd wasn’t going to discuss marrying someone who was still married to someone else.

“But we’re insisting chaplains have the authority, if it’s in keeping with their faith, to marry same-sex couples,” he said.

Because of the Defense of Marriage Act, the repeal provides no family benefits. For some issues, Dodd and Carpenter suggested work-arounds.

Issuing ID cards would be extremely helpful, especially to same-sex couples with children, Carpenter said, noting that “That way either parent could get on base to get a child to the hospital.”

In another example, joint assignments can be offered at the discretion of a commanding officer, and married couples are often assigned together when they both qualify for positions that are available at the same base. Same-sex couples could be given the same priority.

As the forum looks ahead, rebalancing the Chaplain Corps with members from a more diverse background to reflect the membership of the military is a priority.

“And we need to take care of our trans brothers and sisters,” Carpenter said.

The repeal of DADT did not address any transgender issues and does not allow transgender men or women to serve in the military.

Gainer believes representatives of the forum need to sit down with far-right members of the Chaplain Corps and agree to disagree. He said that before the repeal of DADT, they talked to people at Veterans of Foreign Wars and the American Legion. While both groups testified against the repeal, they met with some success.

“The president of the VFW in Pflugerville said it was the right thing to do,” Gainer said.

That dialogue, he believed, would help chaplains perform or at least provide a useful referral, rather than doing more damage to a soldier seeking help.

Gore thought that the focus of discussion should be with the majority of chaplains “who want to do a good job and are part of the moveable middle.”

“We have to convince administrators and educators in divinity schools to encourage some of their best and brightest to serve,” Sprinkle said. “So many schools dropped what they were doing during the Vietnam era.”

Antal thinks that gays and lesbians will gain more acceptance as they tell their stories in non-confrontational settings and others see “their identity as professional service members is primary.”

While the work of the forum will concentrate on helping LGB military personnel, creating a more diverse Chaplain Corps may help a majority of service members. Recent polls show that a majority of troops find the chaplaincy irrelevant.

Sprinkle called the work of the forum a gift from the LGBT community to the nation.

“You wouldn’t think we’d be the ones opening the doors so that all troops will be served with dignity, integrity and respect,” he said.

This article appeared in the Dallas Voice print edition November 4, 2011.

 

—  Kevin Thomas

Arlington man sentenced to 14 months for hate crime arson at mosque

Henry Clay Glaspell

U.S. District Judge Terry R. Means this week sentenced Henry Clay Glaspell, 34, of Arlington, to 14 months in prison after Gaspell pleaded guilty to a hate crime charge in connection with an arson fire at the children’s playground at the Dar El-Eman Islamic Education Center in Arlington in July 2010, according to this report from the Fort Worth Star-Telegram.

Means ordered Glaspell, who has been free on bond, to surrender to the Bureau of Prisons on Nov. 21.

Glaspell also admitted that he had stolen and damaged some of the mosque’s property, that he had thrown used cat litter at the mosque’s front door and that he had shouted racial and ethnic slurs at people at the mosque on several occasions. Glaspell said his actions were motivated by hatred for people of Arabic or Middle Eastern descent.

Texas legislators passed the James Byrd Jr. Hate Crimes Act, which allows enhanced penalties to be assessed to those convicted of hate crimes. But while hate crimes are frequently reported and labeled as such by law enforcement, prosecutors rarely take hate crimes charges to court for fear that it would be too hard to prove a perpetrator’s bias-based intent to a jury.

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