Houston Aeros’ Justin Fontaine suspended for anti-gay tweet

Justin Fontaine

Houston’s American Hockey League team, the Aeros, has suspended player Justin Fontaine for two games after a homophobic tweet from the right winger.

The suspension was handed down from the Aeros’ parent NHL team the Minnesota Wild, who issued a press statement apologizing for Fontaine’s “inappropriate” comment.

Fontaine has since removed the offending tweet and tweeted an apology, saying “Twitter rookie and it came out totally wrong. It was a roommate battle, nothing more.” Missing from Fontaine’s apology was any recognition that it is cruel to use a term for queer people to deride something.

The issue is not that Fontaine used a naughty word, or that he did it in a public venue. The issue is that Fontaine seems to think that words meaning LGBT people are synonyms for “a thing I don’t like.” It’s hard to imagine that that equation does not stem from a dislike for LGBT people.

—  admin

Oral arguments ‘promising’ in Prop 8 case

Judges grill attorneys from both sides on issue of standing, merits of federal case challenging California’s same-sex marriage ban

Lisa Keen |  Keen News Service

SAN FRANCISCO — Famed attorney Ted Olson told a 9th Circuit U.S. Court of Appeals panel on Monday, Dec. 6 that the reason proponents of Proposition 8 have put forth to justify their ban on same-sex marriage is “nonsense.”

That reason, said Olson, reading from a page in the brief filed by attorneys for the Yes on 8 coalition, was that same-sex marriage “will make children prematurely preoccupied with issues of sexuality.”

“If believed,” said Olson, “that would justify the banning of comic books, television, video games, and even conversations between children.”

And it isn’t exactly the reason Yes on 8 proffered during their successful 2008 campaign to amend the state constitution to ban same-sex marriage. Back then, the primary reason, noted Olson, was “protecting children” from the notion that marriage between same-sex couples was OK.

So, what should the court consider as the reason behind denying same-sex couples the right to marry, asked Judge Michael Hawkins.

“Should we look just at the record in the district court?” he asked, or should we “imagine whether there is any conceivable rational basis” to ban gays from marriage?

Olson urged the court not to use its own imagination but to look at the reasons proffered by the Yes on 8 proponents and determine whether they “make sense” and whether they are “motivated by fear” or a dislike of gay people.

“Protecting our children,” said Olson, “is not a rational basis. It’s based on the idea there’s something wrong with” gay people.

Both Olson and his legal counterpart, Charles Cooper, argued with greater passion and animation during Monday’s argument before the federal appeals court than they had in January and June before U.S. District Court Judge Vaughn Walker. It was Walker’s ruling in August — that California’s ban on same-sex marriage violates the U.S. Constitution — that brought them to the appeals court in San Francisco on Monday. Unlike at the district court trial, where the U.S. Supreme Court barred any television or web broadcast, the appeals proceedings were carried live on national television by CSPAN and several California stations. Demonstrators crowded outside the federal building in San Francisco under the watchful eye of federal protection service officers. And interested observers and journalists packed the courtroom and watched broadcasts all over the country.

The three judges on the appeallate panel vigorously challenged each side’s arguments on both matters before the court — Yes on 8 and Imperial County’s legal qualification (standing) to appeal, and the validity of Walker’s declaration that Proposition 8 violates the equal protection and due process clauses of the 14th Amendment to the U.S. Constitution.

Judge N. Randy Smith, an alum of the Mormon-owned Brigham Young University, leveled hard questions at Cooper over Yes on 8’s claim to have legal standing to press the appeal. Then he pitched equally hard questions to Olson’s comrade David Boies, about the “problem” created for the court by the fact that neither the governor nor attorney general appealed the district court decision themselves. Even though neither has the power to veto an initiative, said Smith, they both nullified the initiative by not appealing it.

Boies tried to make the point that Gov. Arnold Schwarzenegger and Attorney General Jerry Brown made their decisions not to appeal after Judge Walker declared the initiative to be unconstitutional.

Judge Stephen Reinhardt, widely perceived to be a staunch liberal, seemed to agree with Smith, saying the governor and attorney general’s refusal to appeal the district court decision “does not seem to be consistent” with the state’s initiative system. And should the court find that Yes on 8 and Imperial County both lack the legal qualifications to appeal, the judges said, the appeals court has no cause to rule on the merits of the dispute.

Boies argued that the concern about what the governor and attorney general did was a “different issue” than standing. And on the issue of standing, said Boies, Yes on 8 and Imperial County have no standing to bring the appeal, simply because they can’t meet the standard of demonstrating a real injury from the district court’s decision.

It was not an easy sell. Hawkins expressed frustration that the court might not be able to render a decision on the merits “so it’s clear, in California, who has the right to marry and who doesn’t.”

Yes on 8 attorney Charles Cooper had argued that, because the California Supreme Court had, in an earlier, related court proceeding given Yes on 8 the right to intervene in the Perry v. Schwarzenegger case to defend Proposition 8, it intended to convey standing, too. By the end of the first hour of the proceeding — which was devoted to standing — the panel seemed inclined to ask the California Supreme Court to certify whether it intended Yes on 8 to have standing.

The panel seemed equally uncomfortable with the effort by a deputy clerk of Imperial County, Isabella Vargas, to seek standing to appeal Walker’s decision. The judges, particularly Hawkins, pointedly and repeatedly asked why Imperial County’s deputy clerk was seeking the status, and no explanation was given as to why the county clerk did not.

Robert Tyler, an attorney with a religious advocacy legal firm representing Vargas and Imperial County pro bono, evaded the answer to that question both in and out of the courtroom. At a press conference following arguments, he claimed the answer was a matter of attorney-client privilege.

The three judges were equally tough in questions about the merits of Judge Walker’s decision. As Cooper attempted to read from his prepared statement, Judge Hawkins interrupted almost immediately to ask him whether voters have the right to re-institute segregation in public schools.

“No,” said Cooper.

“Why not?” asked Hawkins.

“Because it would be inconsistent with the U.S. Constitution,” said Cooper.

“As interpreted by the U.S. Supreme Court,” interjected Hawkins.

“Yes,” conceded Cooper.

But in 1870, the U.S. Supreme Court probably wouldn’t have interpreted the constitution to forbid segregation? asked Hawkins.

Cooper conceded that was probably true.

“Well, how is this different?” asked Hawkins.

Judge Smith challenged Cooper using the Loving v. Virginia ruling by the U.S. Supreme Court that said states couldn’t prohibit interracial marriage. He did so by noting that Cooper was arguing that the Supreme Court had already ruled on the right of states to proscribe same-sex marriage in Baker v. Nelson. The high court, in 1972, dismissed the appeal of a gay couple who had sought a marriage license in Minnesota. Dismissing an appeal has more significance than simply refusing to hear an appeal. But, in dismissing the Baker appeal, the high court explained it was doing so because there was no “substantial federal question” presented by the case. There is dispute within legal circles as to whether that dismissal means anything today. But Cooper, and others, have tried to make a case that the Baker action is precedent, and that it governs attempts by other states to ban same-sex marriages.

If Baker was precedent, said Smith, then why couldn’t states ban interracial marriage, too?

Cooper had to concede the right of states to decide who can marry is “not an absolute right” and that their right to do so “is limited by the restrictions of the U.S. Constitution.”

When Cooper tried to argue that society has a rational interest in the creation of children and in promoting responsible procreation to ensure that children are adequately cared for, Judge Reinhardt suggested that might be a “good argument for prohibiting divorce.”

Judge Smith jumped in to challenge Cooper on this point, too. He noted that California domestic partnership laws provide same-sex couples with all the same benefits and rights to marriage, including those involving child-rearing. What is the rational reason for denying same-sex couples the designation of the word marriage, he wondered.

Judge Hawkins challenged Cooper to explain how California’s same-sex marriage ban is different from Colorado’s Amendment 2, which said no law could prohibit discrimination based on sexual orientation. The Supreme Court struck down Amendment 2 in Romer v. Evans, saying the only reason for the law was animus against gay people and that laws may not be justified by mere animus.

Cooper argued that Amendment 2 had been a “sweeping” denial of protections to gay people, in banking, employment, housing, commercial transactions, and many other areas of life. Proposition 8, he said, is focused just on marriage. And, in marriage, said Cooper, society had an interest to protect unrelated to animus against gay people, and that interest is promoting responsible procreation.

Therese Stewart, the openly gay chief deputy city attorney for San Francisco, tackled that argument head-on, by noting that same-sex couples “do procreate — not in same way [as heterosexual couples], but they do procreate.”

Gay legal activists seemed pleased with how the arguments went Monday.

Evan Wolfson, head of the national Freedom to Marriage Project, said that, overall, he thinks “it looks promising, both on standing and on the merits.”

Shannon Minter, senior counsel for the National Center for Lesbian Rights, agreed, saying he was especially encouraged that “at least two of the judges seemed highly critical of Charles Cooper’s claim on behalf of the proponents that Prop 8 could be justified based on arguments relating to procreation.” And Ted Olson, he said, “was particularly eloquent and urged the Court to reach the broad question of whether same-sex couples have a fundamental right to marry.”

Jenny Pizer, head of Lambda Legal Defense’s Marriage Project, said she wouldn’t be surprised if the panel’s eventual ruling includes “multiple decisions” on how they reached the same outcome “with different reasonings.”

“And if they conclude Prop 8 is invalid while disagreeing about the details of why,” said Pizer, “that may be just fine.”

The panel is expected to render its decision on both the standing issue and the constitutionality of Proposition 8 within a few months. Boies speculated during a post-argument press conference that the earliest the panel would likely render a decision is early next year and the earliest the case might be heard by the Supreme Court — during its almost inevitable appeal — would be 2012.

© 2010 by Keen News Service. All rights reserved.

—  John Wright

Joel Burns is YouTube Gold

Joel Burns

Joel Burns hit the top of the YouTube charts with his anti-bullying video and it’s having an impact, as we wrote in this week’s Dallas Voice.

On Thursday, the two-week-old “It Gets Better” video hit 2 million views. It continues to receive more than 2,000 views per hour.

For the month it is the most discussed video in News & Politics and received the most votes as favorite video this month as well.

And the video is popular around the world.

It’s the No.1 1 News & Politics video this month in Sweden.

In News & Politics, it’s No. 2 in Canada and the United Kingdom, and in Australia and Ireland, it’s No. 3.

It’s in the top 10 in India, Israel, New Zealand, South Africa and France. Although not as popular in Russia, it’s still ranks No. 105 there and it hasn’t been translated into Russian, as far as I know.

In all, the video gets 46 YouTube honors.

According to the YouTube map, it’s been seen in every country in the world except a couple in central Africa.

Through yesterday, the daily number of viewers has continued to steadily grow. The YouTube page has gotten more than 27,000 comments. Of the 2 million views, only 525 clicked dislike before leaving the page.

—  David Taffet

Eddie Long, black gay men, and a call to action

Linus “Buster” Spiller

LINUS “BUSTER” SPILLER
busterspiller@gmail.com

With the recent allegations of sexual coercion and abuse by Bishop Eddie Long, pastor of the New Birth Missionary Baptist Church of Atlanta, toward four young men in his congregation, I have found myself dealing with a plethora of emotions, including a deep-seeded dislike of the Black church, along with my own history of childhood sexual abuse.

I know my Christian faith calls for forgiveness but this one is too close to home, in ways I won’t even discuss in this column.

The one thing that BOILS my blood is the responses of people in the Black church, who act like this thing doesn’t happen, that if we concentrate hard enough or attempt to pray it out of our consciousness, it will somehow go away. And it does go away.

The problem is, for the victims, it doesn’t go away. You go to your grave with the scars. You may learn to cope, adapt, and move on but everything you do as an adult is shaped by that abuse. It affects how you interact with males (or females, if your abuse came from them). It affects how you interact in intimate relationships with friends and family. Its affects how you function within a committed relationship or marriage. It affects how you interact with others on your job. The abuse shapes everything.

My own abuse, which happened over two years with one adult, and then happened AGAIN as a teenager the same age as these boys were by ANOTHER adult, makes me angry because as the man that I am today, I understand the emotional fallout.

Many people are not aware of this but I am also a three-time suicide survivor, the first attempt coming because I was successful as a child at suppressing the abuse memories and erasing them. But as a developing young college student, those memories returned and I couldn’t handle them, with a 1st suicide attempt as a result.

Then another suicide attempt occurred 5 years later when my growing same-sex attraction started to hover over me with a vengeance. And it happened once more, three years later. With three stints in therapy, I was finally able to make peace with it and with my parents for not protecting me. They didn’t know about the abuse but I still blamed them, common with child abuse victims.

I had the unfortunate pleasure of running into my first abuser completely by accident when visiting Detroit when I was 33 years old. I had always said if I ever ran into him, I would kill him. But guess what happened? I reverted back mentally to that young boy who was abused and all I could say to him was “you’re not as tall as I thought you were” (we were the same height by that time). He said “I’ve always been this tall” and I replied back “but when you’re a little boy looking up, you seemed like a giant.”

I also had the misfortune of being in the same predicament as the four young men as a teenager with a significantly older community advisor/chaperone like Mr. Long, who I attended oratorical contests with out of the city and state. He was also a predator who used to park outside of my house when we weren’t at these events. And I told no one out of fear.

Hopefully this situation sparks a dialogue in the Black community about sex in general, healthy sexuality, and how to discuss and address touchy issues like rape, domestic violence, sexual assault and child sexual assault. The Black community seems to function within the paradigm that sex is this “great power” we have no control over. We do. And we have to be responsible for use of that sexuality. God gave it to us as a gift and we have to stop treating it as “voodoo” that we’re completely powerless over.

My greatest wish is that black gay men will place themselves in the forefront of this dialogue because our lives are at stake. No longer can we sit in these churches silently, pay tithes, and have verbal whipping after verbal whipping heaped upon us as though we are not worthy of basic human decency, even if we have deep family ties within that church community. No longer can we freely give our time and talents in support of religious institutions that don’t extend respect in return. And no longer should we tolerate hypocritical biblical teachings by those like Long, who feel comfortable leading efforts such as his infamous 2006 march against gay marriage, yet allegedly violated the marriage covenant with his own wife according to Christian doctrine.

No more. Black gay man, are you willing to stand? Or will you be a willing participant in your own demise? The choice is yours.

Linus “Buster” Spiller is a community activist and former president of The Men’s Gathering-Dallas, a social/support organization for LBGTQ men.

—  John Wright

Politico polling readers on the Prop 8 ruling, and the haters are ahead by 16 percentage points

Back in 2008, the state of California let haters put our civil rights to a popular vote. We lost, and the California Constitution was amended to snatch away the rights of same-sex couples to wed.

On Wednesday, federal District Judge Vaughn Walker issued his ruling in a case challenging that amendment — Proposition 8 — and this time , we won. Judge Walker said the majority doesn’t get to take away our rights just because they don’t like us.

Now the public is voting again, this time on Politico.com, in a poll: “What’s your reaction to the decision that reversed California’s ban on gay marriage?” And guess what — we’re losing. The votes so far are “Like. Hurray for equal rights,” 40 percent; “Dislike. How dare the courts reverse the will of the voters?” 56 percent; and “I’m not sure,” 2 percent.

If you want to have your say, go to Politico.com, scroll down to the “Politico” on the lower right side of the page, and vote.

UPDATE: The final result was 57 percent to 41 percent.

—  admin