Movie Monday: Oscar nominated doc shorts at Texas Theatre

Oscar countdown

Be proud if you’ve seen all the major nominees for this year’s Oscars, but impress your watching party by throwing down some knowledge when this category comes up. The Texas Theatre helps round out those slightly obscure awards by featuring this year’s crops of documentary shorts. And the nominees are The Barber of Birmingham: Foot Soldier of the Civil Rights Movement, God Is the Bigger Elvis, Incident in New Baghdad,  Saving Face and The Tsunami and the Cherry Blossom. The theater screens ‘em all save for God, but that’ll be enough to make an informed decision and give you the edge on that Oscar pool.

DEETS: The Texas Theatre, 231 W. Jefferson Blvd. 7 p.m. $9. TheTexasTheatre.com.

—  Rich Lopez

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.

—  admin

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.

—  admin

HGG 2011 Gift-A-Day: Last minute gifts and stocking stuffer roundup

COUNTING IT DOWN

Whether you need to give to the coworkers, neighbors or just add to the gift stock pile by stuffing the stocking, these might help out on your decision making.

SPIRITS WE HAVE HEARD ON HIGH

Moon Mountain vodka makes this holiday season more “green” that is certified organic by the USDA. Made in America, the artisanally crafted vodka is made from Midwestern corn, but in small batches creating the right taste to make it the perfect spirit to toast the season. The vodka is priced at $19.99.

Available at major spirits retailers.

FORGET SANTA

These Biscoff cookies are a surprisingly addictive treat, that it may be hard to give away. The crispy biscuits with the caramel flavor are ideal with coffee or even on their own. And a welcome alternative to usual holiday sweets with their light touch. Made from Belgium, these treats are vegan and contain 0 grams trans fat and 0 cholesterol per serving. So your recipients will be quite happy about these. Coming in a variety of counts and packages, these Biscoff Cafe Totes house eight packages of two. So you can get one for yourself and then try to give the other one away. You could leave them out for Santa but try not to eat them before he does. Ten percent of the purchases of this item go toward Teach for America. A set of three is priced at $16.95.

Available through Biscoff.com.

MAY THE FORCE BE WITH YOU

For the Star Wars gamer geek — er, loved ones — comes this quirky stylus set. Made for Nintendo DS products, Star Wars fans can have their very own Clone Wars with these character-designed stylus lightsabers.  The stylus can be used for DS Lite, XL and 3DS and is for ages six and up. Priced at $9.99.

Available at Best Buy, Walmart, Target and other major video game retailers.

 

GAY FILM FEST

Breaking Glass Pictures has made gift giving for your LGBT movie fan rather enticing. The company that distributed the locally-made Ticked Off Trannies with Knives is offering a 30 percent off purchases made during the holiday season. Stack up on indie gay movie faves like Violet Tendencies, The Big Gay Musical and the 30th anniversary edition of the gay classic Taxi Zum Klo. Head to the site withthe promotion code “holiday” and snag a bargain on the films. Hey, you might even get one for yourself.

Available at BreakingGlassPictures.com.

 

 

 

BRUSH AWAY

Expect an eye roll if you give kids a toothbrush, but once they start handling his Arm & Ammer Spinbrush Proclean, they might get more on board. The battery-operated brush is a simple, but effective way to keep those pearly whites, um, white, with the appeal of being a whirring gadget. Don’t talk about how better it is than a manual toothbrush and dental health. Yawn for days. Hype up the dual action technology, the durable body style and what a grown-up “toy” it is. Because, of course, adults can use it to. Retails between $8–9.

Available at retailers nationwide.

 

—  Rich Lopez

Chronicle blogger blames ‘It Gets Better” project for LGBT teen suicides

Kathleen McKinley

Kathleen McKinley

Kathy McKinley is a self-described “conservative activist” who blogs for the Houston Chronicle under the monicker “TexasSparkle.” In a recent post McKinley took the “It Gets Better” project to task for what she believes is their culpability in the suicides of LGBT teens:

“These kids were sold a bill of goods by people who thought they were being kind. The “It will get better” campaign just didn’t think it through. They didn’t think about the fact that kids are different from adults. They handle things differently. They react differently. Why? BECAUSE THEY ARE KIDS. You can grumble all day long how unfair it is that straight teens can be straight in high school, and gay kids can’t, but life is unfair. Isn’t the price they are paying too high?? Is it so much to ask them to stand at the door of adulthood before they “come out” publically? Because it may save their life.”

McKinnley’s primary confusion about the “It Gets Better” campaign (other than its name) is the assumption that the goal is to encourage teens to come out of the closet, or encourage them to become sexually active:

“Why in the world would you give teenagers a REASON to tease you? Oh, yes, because the adults tell you to embrace who you are, the only problem? Kids that age are just discovering who they are. They really have no idea yet. The adults tell you to “come out,” when what we should be telling them is that sex is for adults, and there is plenty of time for figuring out that later.”

I would like to encourage Ms. McKinley to watch the “It Gets Better” project’s founder Dan Savages’ video. Please, Ms. McKinley, listen, and tell me if you hear Savage or his partner Terry say anything about teens coming out or having sex. I think what you’ll hear them say is that all of the things that most kids, gay and straight, dream of (falling in love, starting a family, having the support of their parents, co-workers and friends) are possible for LGBT teens. I think you’ll hear them talk about how difficult their teen years were, and about the fears they had that their parents would reject them, that they’d never find success and that they’d always be alone.

Choosing to have sex is one of the most personal decision a person will ever make. For LGBT people, choosing to come out is another. I have not watched all of the thousands of videos from people who have participated in the “It Gets Better” project. It’s possible that there are a few that tell kids to come out right away, or to become sexually active, but I doubt it.

Every video in the project that I have seen has had the same simple message: that the person making it understands how tortuously awful the experience of being Lesbian, Gay, Bisexual or Transgender in Junior and High School can be, but there is a wonderful world of loving, vibrant, successful, engaged LGBT adults out there and if queer teens can just hang on, just for a few years, they can join it. I doubt that any of the contributors to the project think that hanging on for a few years will be easy. I suspect that most of them remember, with excruciating clarity, contemplating ending those temporary years of terror with a permanent solution and that is why they choose to reach out.

I grew up without role models, where people like Barbara Gittings, Bayard Rustin and Harvey Milk didn’t exist . I grew up in a small town where the two men with the pink house were talked about in hushed tones that immediately fell silent when I walked into the room, because it wasn’t appropriate for children’s ears. I grew up in a world where my mother wouldn’t tell me what “gay” meant, where the evening news was turned off if it reported on the AIDS crisis, where I wasn’t given words to describe who I was, and so the only word I could find was “alone.”

I was lucky. My suicide attempt failed.

I was lucky, I survived, and went to college, and found a church that embraced and loved LGBT people. That’s where I met doctors and lawyers and business owners and teachers who were like me. That’s where I met two wonderful women who had built a life together for over 50 years. That’s where I discovered I wasn’t alone and that being gay didn’t mean that i couldn’t have all of those things I’d dreamed of.

That is what McKinley missed in her blog post. In her haste to lay blame on anything other than the overwhelming prejudice perpetuated by schools, churches and governments against LGBT people McKinley missed the fact that kids need role models. In her rush to shove queer teens back into the closet she forgot that human beings need the hope of a better world, lest they give up in despair.

McKinley got one thing right in her post. She titled it “Are Adults Also To Blame For Gay Teen Suicides? Yes.” Adults are to blame for LGBT teen suicides. When adults hide the stunning diversity of God’s creation from their children they create a vision of reality that some of those children can’t see themselves in. When adults tell LGBT teens that they should be invisible then it is all too clear who is to blame when those teens believe them, and take steps to make themselves invisible permanently.

To all the LGBT kids out there: it does get better. There are adults who care about you and want all the wonderful things you dream of to come true, but you have to hang on. If you need to keep who are secret to remain safe then do so. If you need someone to talk to please call the Trevor Project at 866-4-U-Trevor (866-488-7386).

—  admin

‘Perform or provide’

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

IMG_5132

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

Investigation clears gay Fort Worth teacher

Kristopher Franks set to return to work Friday after 4-day leave stemming from allegations of improper behavior

FWISD School board member Carlos Vasquez

Tammye Nash  |  Senior Editor
nash@dallasvoice.com

FORT WORTH — Gay Western Hills High School teacher Kristopher Franks, put on paid administrative leave on Monday, Sept. 26, following allegations of improper behavior, has been cleared of all allegations and was set to return to work today (Friday, Sept. 30).

Franks is the teacher who  became the target of ire from the religious right after he sent a student in his German 1 class to the principal’s office for saying in class that as a Christian he believed “homosexuality is wrong.” The school’s assistance principal then suspended the student, setting off a controversy that made headlines around the country.

That student, freshman Dakota Ary, and his mother enlisted the assistance of Liberty Counsel attorney Matt Krause in fighting the suspension on the grounds that Franks and the school had violated Ary’s right to freedom of speech.

District officials quickly reversed their decision, lifting the suspension.

But Steven Poole, deputy executive director for the United Educators Association of Texas, a teachers union, said Tuesday, Sept. 27, that the allegations leading to Franks being put on leave were unrelated to the incident with Ary.

Franks, who had not spoken to the press previously on the advice of his union representative, said Thursday afternoon that he had just met with Fort Worth Independent School District administrators, who told him the nearly weeklong investigation had determined that the allegations against him were unfounded. He did not elaborate on the substance of those allegations.

Franks also said administrators had given him the option of returning to teach at Western Hills High or transferring to another school in the district.

“I haven’t made up my mind yet what I’m going to do,” Franks told Dallas Voice by phone Thursday afternoon. “I’m going to go back to work tomorrow, and I will talk to my boss [the district’s world languages supervisor], and see what she says and decide what’s the best thing to ­do from there.”

FWISD Board of Trustees member Dr. Carlos Vasquez told Dallas Voice in a phone call Wednesday afternoon, Sept. 28, that any time allegations are made against a teacher, those allegations have to be investigated, and it is routine for the teacher in question to be placed on paid administrative leave.

Franks said Thursday that he was pleased with the outcome of the investigation, carried out by an independent investigator, and that interim FWISD Supt. Walter Dansby was “very nice” when they spoke.

“I think they did the right thing,” Franks said. “I can go back to work, which is great. But now I just have to figure out how to fix the damage this whole thing has done to my personal life.”

Franks said since the investigation is closed, he is no longer being represented by a union attorney. He has, instead, retained the services of attorney Stephen Gordon to “represent me on any aspects of this whole thing going forward.”

He also indicated that he and Gordon would be discussing what possible actions he might take against “those people who have lied and made false allegations against me.”

While Franks had previously declined to speak to the media, Daokta Ary, his mother and Krause as their attorney went immediately to the press, telling their side of the story in several TV interviews and saying Franks and the school had violated the student’s right to freedom of speech. The case quickly became a rallying point for the religious right.

Krause this week told Dallas Voice that he and his clients are satisfied with school officials’ decision to rescind the unexcused absences the suspension left on Ary’s record, but “we would still like for them [school officials] to completely vindicate him and say that he did nothing wrong. He should never have been written up for an infraction. He should never have been sent to the office, and he should never have been suspended.”

Ary said in  media interviews that he made the comment quietly to a classmate sitting next to him in response to a discussion going on in the class at the time.

Dakota Ary

But Franks told friends shortly after the incident that there was no discussion involving homosexuality at the time, and that Ary made the comment loudly while looking directly at Franks.

Franks also told friends that the comment was only the latest in an ongoing series of incidents in which Ary and a group of three of his friends have made anti-gay comments to and about him.

Franks told friends that the harassment by Ary and his friends began several weeks ago after Franks, who also teaches sociology, posted on the “World Wall” in his classroom a photo, taken from the German news magazine Stern, of two men kissing. The photo was ripped off the wall and torn in two at some point during Ary’s class, and Franks told friends he believes that Ary or one of his friends tore up the photo.

During a later sociology class students upset that the photo had been torn up replaced it with a hand-drawn picture, and another student then covered that picture with a page bearing a hand-written biblical scripture from Leviticus calling sex between two men an abomination.

Franks told friends that since that incident, Ary and his friends had continued to make derogatory and harassing comments.

Franks’ friends also said that the teacher, a Fulbright scholar, has been the target of anti-gay harassment for at least the last two years, including having hateful messages left in his classroom and, in one case, having his car vandalized.

FWISD teacher Martin Vann, spokesman for the group LGBTQ S.A.V.E.S. that was formed about a year ago to help protect students and teachers in the district from anti-gay discrimination and bullying, said that Franks told his version of the incident last week, before the current investigation was launched and Franks was required to sign a statement saying he would not discuss the incident with other teachers, administrators, parents or students. Vann said Franks denied getting angry and yelling at Ary, as Ary had said, and reiterated that Ary’s comments were not pertinent to any discussion in the class at the time.

Vann said Franks told him that another student had asked him what the German word for “Christian” was, and how, if he moved to Germany, he could find an English translation of the Bible. That’s when, Franks told Vann, Ary looked directly at him and said loudly that as a Christian, he believes homosexuality is wrong.

It was not, Franks told Vann, a simple statement of belief or opinion but rather an intentional effort to insult and harass the teacher that Ary perceived to be gay.

Krause this week again said that Ary did not direct his remark in class that day at Franks, and that Ary had nothing to do with tearing down the photo of the men kissing.

The attorney also said that Ary told him he did not know to whom Franks was referring when he talked about Ary’s “three friends.”

The Franks case comes in the wake of months of scandal over allegations by teachers that administrators routinely allowed some teachers and administrators to harass and bully students and other teachers, and that teachers who complained often faced retaliation.

Vasquez, who is openly gay, said Wednesday that he believed the Franks investigation would be fair, that he would watch the situation closely “to make sure all the proper procedures are followed,” and that he believed Dansby would handle the situation fairly.

“Considering all the problems we’ve had, I know he [Dansby] will be watching this closely,” Vasquez said.

Vasquez said it is the school district’s responsibility to make sure there is “no harassment in our schools, whether it’s from the teacher to the student, or student to student or even student to teacher. I know that happens, sometimes, too.

“There should be no harassment whatsoever in our schools,” Vasquez , himself a former teacher, said.

Fort Worth ISD has been credited with having one of the most comprehensive anti-bullying and anti-harassment policies in the state, having adopted individual policies within the last year to include prohibitions against harassment and bullying, including that based on sexual orientation, gender identity and gender expression, for both teachers and students.

This article appeared in the Dallas Voice print edition September 30, 2011.

—  Michael Stephens

Judge to rule this week in Nikki Araguz case

Nikki Araguz

Transgender widow vows appeal if she loses case

JUAN A. LOZANO  |  Associated Press

WHARTON, Texas — The transgender widow of a Texas firefighter will likely learn next week whether his family’s request to nullify their marriage and strip her of any death benefits will be granted, a judge said Friday.

State District Judge Randy Clapp made the announcement after hearing arguments in a lawsuit filed by the family of firefighter Thomas Araguz III, who was killed while battling a blaze last year. The suit argues that his widow shouldn’t get any benefits because she was born a man and Texas doesn’t recognize same-sex marriage.

The widow, Nikki Araguz, said she had done everything medically and legally possible to show that she is female and was legally married under Texas law. She believes that she’s entitled to widow’s benefits.

“I believe the judge is going to rule in my favor,” Araguz said after the court hearing.

The lawsuit seeks control over death benefits and assets totaling more than $600,000, which the firefighter’s family wants to go to his two sons from a previous marriage. Voiding the marriage would prevent Nikki Araguz from receiving any insurance or death benefits or property the couple had together.

Thomas Araguz died while fighting a fire at an egg farm near Wharton, about 60 miles southwest of Houston, in July 2010. He was 30.

His mother, Simona Longoria, filed a lawsuit asking that her son’s marriage be voided. She and her family have said he learned of his wife’s gender history just prior to his death, and after he found out, he moved out of their home and planned to end the marriage.

But Nikki Araguz, 35, has insisted that her husband was aware she was born a man and that he fully supported her through the surgical process to become a woman. She underwent surgery two months after they were married in 2008.

Longoria’s attorney, Chad Ellis, argued that Texas law — specifically a 1999 appeals court ruling that stated chromosomes, not genitals, determine gender — supports his client’s efforts to void the marriage.

The ruling upheld a lower court’s decision that threw out a wrongful death lawsuit filed by a San Antonio woman, Christie Lee Cavazos Littleton, after her husband’s death. The court said that although Littleton had undergone a sex-change operation, she was actually a man, based on her original birth certificate, and therefore her marriage and wrongful death claim were invalid.

Ellis presented medical and school records that he said showed Nikki Araguz was born without female reproductive organs and that she presented herself as a male while growing up and going to school. He also said her birth certificate at the time of her marriage indicated she was a man.

“By law, two males cannot be married in this state,” Ellis told the judge.

Nikki Araguz, who was born in California, did not change her birth certificate to reflect she had become a female until after her husband’s death, said Edward Burwell, one of the attorneys for Thomas Araguz’s ex-wife, Heather Delgado, the mother of his two children.

But one of Nikki Araguz’s attorneys, Darrell Steidley, said that when his client got her marriage license, she presented the necessary legal documents to show she was a female. He also noted changes made in 2009 to the Texas Family Code that allowed people to present numerous alternatives to a birth certificate as the proof of identity needed to get a marriage license. That was an example, he argued, of the state trying to move away from the 1999 appeals court ruling.

The changes in 2009 allowed transgendered people to use proof of their sex change to get a marriage license. The Texas Legislature is currently considering a bill that would prohibit county and district clerks from using a court order recognizing a sex change as documentation to get married.

After the hearing, the firefighter’s family and attorneys for his ex-wife criticized plans by Nikki Araguz to star in a reality television dating show and implied she was only interested in money and fame that the case would bring her.

“That is absurd,” Nikki Araguz said in response. “I’m after my civil equality and the rights that I deserve as the wife of a fallen firefighter.”

If the judge rules against the firefighter’s family in their motion for a summary judgment, the case would then proceed to trial. Araguz said if the judge rules against her, she would appeal, all the way to the U.S. Supreme Court if necessary.

—  John Wright

Complaint: LGBT immigrants abused, neglected at detention centers run by Homeland Security

The National Immigration Justice Center has filed civil rights complaints on behalf of 13 LGBT immigrants who were allegedly abused and neglected at detention centers run by the U.S. Department of Homeland Security in nine states, including one in Houston. The Heartland Alliance’s NIJC filed the complaints today in a letter addressed to Homeland Security’s Office for Civil Rights and Civil Liberties, calling on the department to investigate and implement new policies.

The group has also launched a petition calling on the DHS and President Barack Obama to end the abuse of LGBT immigrants in detention.

The 13 complaints include allegations of sexual assault, denial of adequate medical care, long-term solitary confinement, discrimination and abuse, and ineffective complaints and appeals process. Below are a few examples from the letter, which you can download in its entirety here:

• [Juan] was sexually assaulted by two other detainees. Despite repeated requests for a transfer to another facility because he feared for his safety [Juan] was not transferred until three months after the incident, when ICE Headquarters intervened. In the meantime, the only “protection” that the Otero County Detention Center offered was placement in the “hole.” (Otero County Detention Center, New Mexico)

• [Delfino] was held in segregation for four months, justifying their decision on the basis that [Delfino] presented “effeminately.” Facility staff refused to provide [Delfino] a Bible and permitted him only one hour of recreation – in a cold nine- by-thirteen-foot cell – per day. (Houston Processing Center, Texas)

• [Monica] continues to be denied hormone therapy, despite her use of hormones for ten years prior to immigration detention, and her physical and psychological reliance on them. [Monica], now detained for over five months, told NIJC staff, “I can’t even look at myself in the mirror anymore,” due to returning facial and body hair and other distressing changes. [Monica], an asylum seeker who has suffered grave past abuse in Mexico, also received no treatment for her trauma- related depression. She attempted suicide in February 2011 – the facility put her in solitary confinement as punishment. (Santa Ana City Jail, California)

• [Alexis] was repeatedly called a “faggot” by guards, who also made jokes about her dying of AIDS. They singled her out for public searches in which they forced her to remove her outer clothing and mocked her exposed breasts. (Theo Lacy Facility, California)

—  John Wright

Arizona’s Lawyers Sue To Stop Domestic Benefits During Court Decision

BrewerJan Not content to battle just the health care law and illegal immigration policy, lawyers for the state of Arizona are now expanding their efforts to eliminate that state's domestic partner benefits.

A judge ruled last year that the state must continue paying the benefits while courts decide the legality of a Republican and Gov. Jan Brewer-led effort to end the policy, enacted while Homeland Security Secretary Janet Napolitano was governor.

According to the Copper State's attorneys, though, the benefits need to be stopped during the proceedings to help the state save money:

Assistant Attorney General Charles Grube contends that U.S. District Judge John Sedwick was wrong in issuing an injunction last year barring the state from altering its benefits package.

That ruling requires Arizona to keep funding the coverage until there is a final ruling, something that could take years.

State lawmakers voted to end the benefits as a method of saving money.

Grube said that, in deciding whether to issue an injunction, Sedwick was required to consider not only the claims of harm to the people losing the benefits but also the harm to the state of being required to maintain them. But Grube said Sedwick was "explicitly dismissive" of evidence presented by the state about the cost burden on taxpayers of continuing to provide coverage.

Here's an idea: Arizona's lawyers could stop filing politically motivated lawsuits that cost untold amounts of time, money and, frankly, make the rest of the state look bad. It's just common sense.


Towleroad News #gay

—  David Taffet