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.

—  admin

Measure would ban anti-LGBT discrimination in Houston

Charter amendment could also allow DP benefits for city workers

DANIEL WILLIAMS  |  Contributing Writer

HOUSTON — Long-brewing plans to place a city-wide non-discrimination policy before Houston voters became public this week.

Since December a coalition of organizations and leaders have been working to draft a city charter amendment that would make it illegal to discriminate in housing, employment or public accommodations on the basis of  “age, race, color, creed, religion, national origin, ancestry, disability, marital status, gender, gender identity or expression, sexual orientation, or physical characteristic.”

The amendment would also remove anti-LGBT language added to the Houston city charter in 1985 and 2001 — which could allow the City Council to vote to offer health benefits to the domestic partners of municipal employees.

Houston Mayor Annise Parker, who famously became the only out LGBT person elected mayor of a major American city in 2009, has declined to comment on the proposed charter amendment until the language is finalized. She told the Houston Chronicle: “I believe it’s important for the city of Houston to send a signal to the world that we welcome everybody and that we treat everybody equally, and depending on the elements of what was actually in it, I might or might not support it,”

According to Equality Texas Executive Director Dennis Coleman, the prospect of Houston voters approving the non-discrimination amendment has ramifications for efforts to pass similar measures in the state Legislature.

“Nondiscrimination in Houston builds a better case for us when we go for nondiscrimination in Austin,” said Coleman. “To be able to tell representatives that they represent areas that already support these efforts is very helpful.”

The cities of Austin, Dallas and Fort Worth all already have similar nondiscrimination ordinances and offer DP benefits to employees.

But Houston’s form of governance makes this effort unique. While the City Council is empowered to pass city ordinances covering issues of discrimination, they can be overturned by popular vote if those opposing the ordinance collect 20,000 signatures to place the issue on the ballot.

That was the case in 1985 after Houston Mayor Kathy Whitmire pushed through the council the city’s first protections for gay and lesbian Houstonians (no protections were provided for the bisexual or transgender communities).

A coalition of right-wing voters led by Louie Welch, then president of the Houston Chamber of Commerce, was able to place the issue on a city-wide ballot, claiming the policy “promoted the homosexual lifestyle.” The group also recruited a “straight slate” of candidates to run against City Council members who had favored the protections, with Welch running against Whitmire.

The public vote on nondiscrimination was held in June 1985 and Welch’s forces prevailed, but the city’s temperament had changed by the time of the City Council and mayoral races in November. A comment of Welch’s that the solution to the AIDS crisis was to “shoot the queers” was aired on local TV and few in Houston wished to be associated with him after that. The “straight slate” failed to capture a single City Council seat and Whitmire remained mayor, but the defeat of the city’s nondiscrimination policy remained.

By 1998 Houston had changed: Annise Parker was serving as the city’s first out lesbian city council member and Houston boasted the state’s first out gay judge, John Paul Barnich. Mayor Lee Brown, sensing the change, issued an executive order protecting LGBT city employees from employment discrimination. But the city had not changed that much. Councilman Rob Todd led efforts to fight the order in court, arguing that since voters rejected city-wide protections from discrimination in 1985, it was inappropriate for the mayor to institute them without voter approval. The city spent the next three years defending the policy in court, finally emerging victorious.

The joy of that 2001 victory would be shortlived, however. That year Houston’s voters approved another amendment to the city charter, this time prohibiting the city from providing domestic partner benefits for city employees. In a narrow defeat, just over 51 percent of voters decided that the city should not offer competitive benefits.

The current proposed non-discrimination amendment would remove the language added in 1985 and 2001. While it would provide non-discrimination protections it would not require the city to offer benefits of any kind to the spouses of LGBT city employees, leaving that question back in the hands of the City Council.

The organizers of the current effort are confident that this year is the year for victory.

Noel Freeman, the president of the Houston GLBT Political Caucus, which is spearheading the effort, explains that the previous votes occurred in “non-presidential years,”when voter turnout in general is low, and conservative voters make up a larger percentage of the electorate.

Additionally, polling by Equality Texas in 2010 showed that 80 percent of Houstonians support employment protections for gay and lesbian people.

In order to place the non-discrimination amendment on the November ballot the coalition supporting it will need to collect 20,000 signatures of registered Houston voters and submit them to the city clerk. Freeman says that the final charter amendment language is still under consideration and that once it is finalized the group will begin collecting signatures.

Even former Councilman Todd, who once fought the city’s policy of non-discrimination for LGBT employees, supports the current effort.

This article appeared in the Dallas Voice print edition February 17, 2012.

—  Michael Stephens

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.

—  admin

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

President Obama issues memorandum on protecting LGBTs abroad

President Barack Obama and Secretary of State Hillary Clinton

Four days in advance of  Human Rights Day on Saturday, Dec. 10,  President Barack Obama today issued a presidential memorandum “to ensure that U.S. diplomacy and foreign assistance promote and protect the human rights of LGBT persons,” according to a statement just released by the White House press office.

The statement sent out by the White House includes these comments by the president:

“The struggle to end discrimination against lesbian, gay, bisexual, and transgender (LGBT) persons is a global challenge, and one that is central to the United States commitment to promoting human rights.  I am deeply concerned by the violence and discrimination targeting LGBT persons around the world — whether it is passing laws that criminalize LGBT status, beating citizens simply for joining peaceful LGBT pride celebrations, or killing men, women, and children for their perceived sexual orientation.  That is why I declared before heads of state gathered at the United Nations, “no country should deny people their rights because of who they love, which is why we must stand up for the rights of gays and lesbians everywhere.”  Under my Administration, agencies engaged abroad have already begun taking action to promote the fundamental human rights of LGBT persons everywhere.  Our deep commitment to advancing the human rights of all people is strengthened when we as the United States bring our tools to bear to vigorously advance this goal.”

The memorandum from Obama directs agencies to combat the criminalization of LGBT status or conduct abroad; protect vulnerable LGBT refugees and asylum seekers; leverage foreign assistance to protect human rights and advance nondiscrimination; ensure swift and meaningful U.S. responses to human rights abuses of LGBT persons abroad; engage international organizations in the fight against LGBT discrimination, and report on progress.

I give the president credit for issuing the memorandum at the same time he’s gearing up for what will likely be a tough re-election campaign during which opponents will no doubt use his stance and actions on LGBT issues against him. But I still have to point out that we as LGBT people still face discrimination and inequality right here in the good old U.S.-of-A:

• Our marriages are legally recognized at the federal level and they aren’t recognized in the VAST majority of state and local jurisdictions. We want the Defense of Marriage Act repealed and local and state ordinances and constitutional amendments prohibiting recognition of our relationships need to be overturned.

• There is still no federal protection against workplace discrimination based on sexual orientation and/gender expression and gender identity. Congress needs to pass — the president needs to sign — the Employment Non-Discrimination Act.

• Even though there is now a federal hate crimes law that includes LGBT people, as well as similar laws at many state and local levels, those laws are not well enforced.

Anti-LGBT bullying remains a deadly problem in our schools and our workplaces and on the Internet. We’ve made progress in combating such bullying, but not nearly enough. Dedicate the resources necessary to address the issue effectively.

So let’s applaud our president for the steps he has — and is — taking. There’s no doubt Obama has been more open than any other president about addressing LGBT issues and we have seen great strides forward toward equality during his administration. But there’s a long way to go yet, and we need to make sure that the president — and all our elected officials — know they can’t just rest on their laurels.

—  admin

25 ways to fight AIDS

Today, December 1, is World AIDS Day.

Wait! Before you click the ‘next’ button or scroll down your news feed hear me out: The LGBT community has been living with AIDS for three decades now. For people of my generation the message to get tested and use condoms has been stated and restated so many times that it has faded into the background with the result that, all too often, people do not take the steps they need to to protect themselves. Harris County is responsible for 30% of the new HIV/AIDS diagnosis in Texas and men who have sex with men account for 64% of newly diagnosed men statewide. The threat is not over, the fight is not over, AIDS still endanger the LGBT community.

But I don’t want to just talk about just condoms and testing (as important as they are). Fighting HIV/AIDS is easier than you might think. I present to you 25 ways, in no particular order, to fight AIDS in Houston.

25. If you’re over a certain age talk to a young LGBT person about how your life has been affected by HIV/AIDS. You might be surprised how eager we are to hear your stories.

24. If you’re under a certain age listen to an older LGBT person tell you how HIV/AIDS has affected their lives. I know you aren’t eager to hear their stories, but listen anyway. You may find that learning the history of your community is more empowering than you’d expect.

23. If you are a sexually active gay man or transgender woman participate in the Baylor College of Medicine’s HIV Vaccine Study.

22. Ask your local public or school library to put books about HIV/AIDS on the shelf, not just in the back room where they have to be requested. Access to accurate information is crucial in fighting the spread of the disease.

21. Post HIV/AIDS stories to facebook.

20. Ask your clergy person what your community of faith is doing to fight the pandemic.

19. Sign up for action alerts from the Texas HIV/AIDS Coalition at texashiv.org

18. Actually follow through when the action alerts from the Texas HIV/AIDS Coalition arrive in your in-box.

17. Volunteer for organizations that deal with communities at high risk for infection: high school dropouts, victims of sexual assault, the poor, the homeless and sex workers. Fighting AIDS means fighting the injustice in our society that all too often contributes to new infections.

16. Say AIDS out loud.

15. Ask political candidates what they will do to continue funding to fight HIV/AIDS.

14. Once they’re elected, ask those candidates why they aren’t doing more to continue funding to fight HIV/AIDS.

13. Remind yourself that it’s OK to be tired of hearing about HIV/AIDS.

12. Thank a person who volunteers their time to the fight.

11. Take a moment to remember the people we’ve lost.

10. Take a moment to think of the people we may loose if this pandemic isn’t stopped.

9. Take a HIV/AIDS healthcare worker to dinner.

8. Wear a red ribbon.

7. Recognize that wearing a red ribbon isn’t enough.

6. Work with communities other than your own. HIV/AIDS effects us all.

5. Get angry.

4. Get over your anger.

3. Donate to an HIV/AIDS Charity.

2. When you pass a mobile HIV testing center, thank the workers.

1. Don’t pretend the fight is over, and don’t let other people pretend it’s over either.

—  admin

Houston Chronicle pulls endorsement of school board member Rodriguez over anti-gay flier

Manuel Rodriguez

The Houston Chronicle has rescinded its endorsement of Houston Independent School District Trustee Manuel Rodriquez over an anti-gay flier distributed by the Rodriquez campaign. As previously reported by Houstini, the flier attacked Rodriquez’s opponent, Ramiro Fonseca, for his history of advocating for LGBT people, and his endorsement by the Houston GLBT Political Caucus. The flier also suggested that Fonseca being 52 and unmarried is a reason that Houstonians should not trust him to make decisions affecting children, and points out that he has a “male partner.”

In the online opinion piece removing their endorsement, the Chronicle editorial board called out the overt homophobia in the Rodriquez flier.

“With his hateful flier, Rodriguez perpetuates the kind of stereotypes that put our kids in danger. And he implies that all right-thinking people agree with him – an insult to his constituents, and precisely the kind of blithe, old-school homophobia that makes school hallways so treacherous.

Members of the school board are supposed to be role models, not bullies. They’re supposed to support civil rights, not fight against them. They’re supposed to fight hate speech, not commit it.”

In response to the Rodriquez flyer the Houston GLBT Political Caucus had encouraged people to contact the editorial board and ask that the Chronicle endorsement be rescinded. “Certainly we’re very pleased that the Chronicle has taken this step,” said Caucus president Noel Freeman. “They recognize that there is no place for this kind of homophobia on the school board.” Freeman added the next step for the Caucus will be to continue to work to elect Fonseca. “We’re looking for volunteers who can help us by handing out literature at the polls.”

Until this recent controversy very little attention had been paid to the District III HISD race outside of political circles. No scientific polling on the race has been made public, but it’s considered to be a dead heat, with neither candidate having a clear advantage. It remains to be seen how the Rodriquez flier, and the overwhelmingly negative response it has garnered, will affect the outcome of the race.

HISD elections are part of the general elections taking place this Tuesday, Nov 8. Visit HarrisVotes.org to find your voting location and view a sample ballot.

—  admin

Video: Fight for your right to surf glsen.org



http://action.aclu.org/dontfilterme




Good As You

—  David Taffet