Hear Lovers tonight at Andy’s in Denton

Lovers’ finds zero limits as an out musicians

Lovers has five albums under its belt, and through rotating members, the touchstone has always been Berk. But this current incarnation of the band seems to find Lovers at its best self. Berk, Kerby Ferris and Emily Kingan have produced a confident album with Dark Light, and after a decade of doing this, Berk feels this is the band at its strongest.

“When we came together, it felt very egalitarian and feminist and comfortable,” she says. “I hadn’t experienced that level of confidence and there are a lot of benefits to having our kind of connection. I felt like this was a really great place to be creatively.”

This confidence has taken Berk to new levels, as an artist and a person. All three members identify as queer, and for Berk, that offers a comfort in writing her music. Although she starts the song on her acoustic guitar, the others chime in for a group dynamic.

At 32, her personal growth over these 10 years has manifested differently in Dark Light than it has on any of the previous releases. She’s out of the closet, but this album shows Berk coming out of her shell.

“I feel like I sort of went from being an artist who was working mostly to exorcise personal demons to someone who, with time, is able to looking more outward,” she says. “This is the most extroverted album Lovers has ever had.”

Read the entire article here.

DEETS: With Sextape and One Red Martian. Andy’s Bar, 122 N. Locust Road, Denton. May 13. 9 p.m. $6–$8. LoversAreLovers.com.

—  Rich Lopez

Drawing Dallas

Makeup artist Tony Price is hoppy to be our Easter cover boy

MARK STOKES  | Illustrator
mark@markdrawsfunny.com

Name and age: Tony Price, 20

Spotted at: Intersection of Lemmon and McKinney

Occupation: Student in cosmetology and makeup; model

Born in Tulsa, this tall, fit Virgo moved here from Tangipahoa Parrish, La., five months ago to continue his education in cosmetology and make-up. Tony grew up the middle son between two sisters, and in school excelled in track and field, and he continues to stay in shape by running and lifting weights. He enjoys meditation, dance, the arts and, of course, makeup.

Tony remembers the fifth grade very well. That was the year a cousin, who was then in cosmetology school, sparked an interest in him becoming interested in doing hair. His grandmother, a fabulous cook, tempted him to consider a career in the culinary arts, but makeup won out and Tony continues his education to become an artist extraordinaire. His goal is to own his own spa and become celebrated for his cosmetic skills.

Tony will spend his Easter with family, sharing good times and a great meal that he will cook himself.

—  John Wright

QLive’s Open Mic Night tonight in Fort Worth

Step on up to the microphone

You should be well aware of QCinema and their LGBT film festival out in Fort Worth. Well they’ve started an offshoot dedicated to live performances with QLive! And for the funny folk, tonight is all about them.

QLive’s Open Mic Night is for budding comedians and each one has five minutes to make an impression. It’s not like open mike for all kinds of entertainment, so don’t head there with your guitar, tambourine and dreams of becoming Bob Dylan. Not gonna happen this evening.

DEETS: Percussions,426 S. Jennings Ave., Fort Worth. 10 p.m. QCinema.org.

—  Rich Lopez

Local Briefs

CCGLA surveys candidates, sets meet-and-greet events

As municipal elections approach, the Collin County Gay & Lesbian Alliance has sent an online survey to city council, school board and mayoral candidates in Allen, Frisco, Plano and McKinney, and “meet-and-greet” sessions for candidates are planned in Frisco, Plano and McKinney in April.

The organization will also create and distribute a voters’ guide.

The Plano “meet-and-greet” will be held on Friday, April 8, from 6:30 p.m. to 8:30 p.m. at a private residence. For more information, go online to CCGLA.org.

Results of CCGLA’s candidate surveys will be posted on the CCGLA website prior to each event. The events are informal, non-partisan, and all candidates are invited.

Oak Cliff Earth Day to feature vendors, info booths and more

Oak Cliff Earth Day, which has become the largest all-volunteer-run Earth Day since it started five years ago, will be held on Sunday, April 17, from noon to 5 p.m. at Lake Cliff Park, located at the intersection of Colorado Street and Zang Boulevard in Oak Cliff.

There is no charge to attend the event, which will include art, food, plants and other environmentally-friendly products available for purchase.

There will also be educational booths on topics such as how to save energy and clean up the environment, along with locally-grown honey, animals to adopt and native plants for gardens.

Parking at the park is limited, however, free parking is available at Methodist Hospital, in Lot 10 only, located at 1400 S. Beckley Ave. across from the hospital entrance on Beckley Ave. Methodist Hospital is providing a shuttle bus from the parking lot to the event.

Participants are also encouraged to take DART to the event or walk or ride a bicycle. There are a number of bike racks, funded by Oak Cliff Earth Day, at the park.

Mayoral candidates to speak Sunday on animal issues in Dallas

Dallas’ mayoral candidates will participate in a forum on animal issues in the city of Dallas on Sunday, April 10, at 2 p.m. at the Central Dallas Library, 1515 Young St., in downtown Dallas. The Metroplex Animal Coalition is sponsoring the forum, with is free and open to the public. Journalist Larry Powell with Urban Animal magazine will moderate.

The mayoral candidates are former Dallas Police Chief David Kunkle, Councilman Ron Natinsky, real estate consultant Edward Okpa and Mike Rawlings, former Pizza Hut CEO and Dallas homeless czar.

This article appeared in the Dallas Voice print edition April 8, 2011.

—  John Wright

MUSIC NEWS: Duffy, Natasha Bedingfield, Erasure, Hercules and Love Affair, Kylie Minogue, Daft Punk, ABBA, Deadmau5, plus five free mp3′s

DUFFY_header

GuestbloggerMODERN TONIC

Modern Tonic — a free daily email delivering gay-approved pop culture gems before they get co-opted by everyone else — presents a weekly music update here on Towleroad.

RoadTODAY’S FEATURED NEW RELEASES:
 
EndlesslyAfter winning a Grammy® for her retro-fabulous debut Rockferry, Welsh singer Duffy doesn't stray far from her hit-making template on her follow-up Endlessly. Yet why should she? The highlights of her debut — the aching title track, the London tube-station inspired "Warwick Avenue," and the soul sparking "Mercy" — were guided with expert ears by the formed London Suede guitarist Bernard Butler. For Endlessly, Duffy recruited Albert Hammond of "It Never Rains in Southern California" fame (he's also the proud papa of the Strokes' guitarist Albert Hammond, Jr.). Hammond brings Duffy's blue-eyed Motown soul into the early 70's and mines her sensitive vibrato for a gritty AM-radio vibe. The premiere single "Well, Well, Well," with backing from the Roots, could fit perfectly between Al Green's "Let’s Stay Together" and the Staple Singers' "I'll Take You There" on a 1972 radiocast. "My Boy" harkens to the danceable soft rock that predated disco. And the title track is a gorgeous ballad as languid and warm as a long summer's day. The Euro-disco of "Lovestruck" sounds like it floated over from Kylie Minogue's Aphrodite; a baffling misstep that mars an otherwise pristine collection.   
 
Natasha As good as Natasha Bedingfield's songs can be, she's always seemed a bit anonymous, one in a line of solid but undistinguished pop singers. But her third album, Strip Me, might change all that — not only does it play like a non-stop singles machine, it's infused with more personality than ever before. First single "Touch" — produced and co-written by veteran Steve Kipner (Christina's "Genie In a Bottle") — is a bottom-heavy pop rave with crossover club potential. The title track, co-written with Ryan Tedder of OneRepublic, has a mid-tempo beat so slinky you're likely to start removing your clothes before the end of the first chorus. And Swedish beat-master Andreas Kleerup steps out of his dance-friendly comfort zone to offer up the airy synth ballad "Break Thru." Bedingfield’s in great voice throughout — clear and gritty; if this is her stripped, we wouldn't mind if she got naked more often.


Towleroad December 7, 2010 by moderntonic.com

RoadMUSIC NEWS:
 
ErasureRoad Erasure has re-recorded "A Little Respect" with the youth chorus from the Hetrick-Martin Institute as a fundraiser for both the Institute (home of the Harvey Milk High School) and Cyndi Lauper's True Colors Fund. It's available now at digital outlets.

Road The worst album covers of 2010.

Road No U.S. release date for Hercules and Love Affair's sophomore album Blue Songs yet (it's out in Europe January 31). Listen to the album's lead single, "My House," here.

Road An early review of Michael Jackson's posthumous Michael, out next week: "Not as terrible as you may think. I mean, we're not saying it's good, but…"

Road Kylie Minogue has released a digital bundle featuring her cover of "Santa Baby" from a few years back, plus a brand new recording of "Let It Snow." Stream the new track in our player above.

Road Katy Perry joined Glee hottie Darren Criss for a few lines of "Teenage Dream" during a live a cappella performance (with the Warblers!) at a Trevor Project fundraiser in L.A. Sunday.

Tinadico Road MPFREE: We've got a great collection of free mp3's in our player today. In order: "Synchronize" by Discodeine (aka French producers Pentile and Pilooski) featuring vocals from Brit-pop legend Jarvis Cocker, out today on DFA Records; Album track "Love All Around" from songstress Tina Dico's seventh studio album, Welcome Back Colour (a collection of greatest hits and new acoustic recordings), out February 1; "Cover Your Tracks," the new single from Canadian indie rock/ethereal pop band Young Galaxy; and a cheerful slice of holiday pop called "California Christmas" from NYC-based Sleepy Rebels off their new album Bah! Humbug!; the Razor N Guido Bango mix of Austin, Texas dance siren Zayra's "Baby Likes To Bang" off her EP of the same name.

Road Adam Lambert on his Grammy nomination and the American Idol "stigma."

Road MORE NEW RELEASES:
 
Tron The dancing French robots of Daft Punk return for their sinister, bleak and ambient soundtrack to — mais oui!Tron: Legacy.

A hybrid documentary, Feist's Look At What the Light Did Now (DVD/CD) follows the journey of her Grammy®-nominated release The Reminder and includes live footage, videos and more.

ABBA — the Swedish Beatles — offer a remastered edition of Gold, including 19 classic hits and a DVD's worth of remastered videos for all the dancing queens on your holiday list. (Play an ABBA quiz here.)
 
Deadmau5 Though a giant mousehead is involved, it's not Disney World when Deadmau5 returns with 4×4=12, eleven fresh dance tracks that prove that it must be hard to multiply inside a hot and sweaty mask.

RoadMUSIC VIDEOS:

Sufjan Stevens — "Too Much"
To go with the experimental orchestral folksiness of his latest The Age of Adz, Sufjan Stevens offers this pixilated, eye-popping video.

Darwin Deez — "DNA"
A couple dances through the end of their love from the kitchen to the outdoors to the bottom of a pool in New Yorker Darwin Deez's jumpy tune.

Edei — "Loved"
Twenty two-year-old Londoner Edei pines in her U.K. bedsit on this sweetly longing single — featuring the bass line from Ben E. King's "Stand By Me" — from her forthcoming, hotly anticipated 2011 debut.

Hurts — "All I Want for Christmas Is New Year's Day"
The dour Manchester duo Hurts forgoes the holiday blues by yearning for a bad year to end and a happy new one to begin. Lots of snow, a graveyard, an open grave, and a very Gothic vibe is attained.








Towleroad News #gay

—  admin

Iowa’s NOM Crazies: Part Five

Joe. My. God.

—  admin

DADT: Five “Durable” Myths

There's been a lot of discussion recently about the military's “Don't Ask, Don't Tell” policy (DADT).  Much of the discussion has centered on two things: (1) legislation pending before Congress that would affect DADT and (2) the case known as Log Cabin Republicans v. United States.  Unfortunately, a lot of what I've seen written about these topics doesn't match reality.  And the result is that a lot of the debate here is based on a number of factually incorrect assumptions.  Despite their lack of factual basis, these assumptions have taken on a life of their own and have achieved the status of myths.  That is, although they are not real, they are widely believed.

I'm an appellate lawyer by profession, and since we're dealing here with legislation and litigation, I thought that I might be able to contribute something useful to the discussion by trying to ground it in some concrete facts.  In this context, this means looking at actual statutory language and trying to understand the litigation process.  For the most part, this is pretty dry stuff, but it's more or less what I do every working day of my life.

So if you think you can stay awake for a little statutory construction and civil procedure, grab a cup of coffee and join me below the fold.

 

There's no way I can address every single issue surrounding DADT, so what I'm going to do here is examine what seem to me to be some of the most persistent myths about the so-called “repeal” legislation and the Log Cabin Republicans litigation.  What follows isn't the result of a scientific survey of chatter on this site; it's just a list of some of the most common misconceptions I've encountered here.

Myth No. 1:  Since DADT is a law enacted by Congress, the president has no choice but to enforce it.

Fact:  While DADT is certainly a law enacted by Congress, the president has express statutory authority to suspend its enforcement.  That authority comes from 10 U.S.C. § 12305(a), which provides as follows:

Sec. 12305. Authority of President to suspend certain laws
        relating to promotion, retirement, and separation
       
(a) Notwithstanding any other provision of law, during any period
members of a reserve component are serving on active duty pursuant to an
order to active duty under authority of section 12301, 12302, or 12304
of this title, the President may suspend any provision of law relating
to
promotion, retirement, or separation applicable to any member of the
armed forces who the President determines is essential to the national
security of the United States.

Since members of reserve components are currently on active duty, this statute could be invoked to halt discharges of lesbian, gay, or bisexual (LGB) servicemembers.  The “notwithstanding” clause at the beginning of subsection (a) means that this section can be invoked despite what other sections of the U.S. Code may say.  Thus the president could use this authority to suspend discharges otherwise required under DADT.

Using this authority would not, as some commenters have claimed, amount to “repeal of the statute by executive order.”  It would simply be a suspension of the statute pursuant to an express grant of authority from Congress.
 

Myth No. 2:  The president hasn't suspended the discharges because he wants “durable” repeal, and the only way to achieve that is for Congress to pass the pending defense authorization bill.

Fact:  Even if passed, the so-called “repeal” provision in the defense authorization bill will not mean “durable” repeal.  Thus, if the president's refusal to suspend the discharges is based on the fact that his order could be undone by a future administration, the legislation before Congress will not fix that problem.  To understand why this is so, one has to look at the text of the actual statute.  Oddly, in all of the recent discussions I've read here on this issue, not once have I seen anyone quote the language of the proposed legislation.  (Obviously, I don't claim to have read every diary, so if one of you has posted it before, I apologize for missing it.)

Here's the language of S. 3454, National Defense Authorization Act for Fiscal Year 2011, as placed on the Senate calendar.  We're dealing specifically with Title V, Subtitle J, § 591:

SEC. 591. DEPARTMENT OF DEFENSE POLICY CONCERNING HOMOSEXUALITY IN THE ARMED FORCES.

(a) Comprehensive Review on the Implementation of a Repeal of 10 U.S.C. 654-

(1) IN GENERAL- On March 2, 2010, the Secretary of Defense issued a memorandum directing the Comprehensive Review on the Implementation of a Repeal of 10 U.S.C. 654 (section 654 of title 10, United States Code).

(2) OBJECTIVES AND SCOPE OF REVIEW- The Terms of Reference accompanying the Secretary's memorandum established the following objectives and scope of the ordered review:

(A) Determine any impacts to military readiness, military effectiveness and unit cohesion, recruiting/retention, and family readiness that may result from repeal of the law and recommend any actions that should be taken in light of such impacts.

(B) Determine leadership, guidance, and training on standards of conduct and new policies.

(C) Determine appropriate changes to existing policies and regulations, including but not limited to issues regarding personnel management, leadership and training, facilities, investigations, and benefits.

(D) Recommend appropriate changes (if any) to the Uniform Code of Military Justice.

(E) Monitor and evaluate existing legislative proposals to repeal 10 U.S.C. 654 and proposals that may be introduced in the Congress during the period of the review.

(F) Assure appropriate ways to monitor the workforce climate and military effectiveness that support successful follow-through on implementation.

(G) Evaluate the issues raised in ongoing litigation involving 10 U.S.C. 654.

(b) Effective Date- The amendments made by subsection (f) shall take effect 60 days after the date on which the last of the following occurs:

(1) The Secretary of Defense has received the report required by the memorandum of the Secretary referred to in subsection (a).

(2) The President transmits to the congressional defense committees a written certification, signed by the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff, stating each of the following:

(A) That the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff have considered the recommendations contained in the report and the report's proposed plan of action.

(B) That the Department of Defense has prepared the necessary policies and regulations to exercise the discretion provided by the amendments made by subsection (f).

(C) That the implementation of necessary policies and regulations pursuant to the discretion provided by the amendments made by subsection (f) is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the Armed Forces.

(c) No Immediate Effect on Current Policy- Section 654 of title 10, United States Code, shall remain in effect until such time that all of the requirements and certifications required by subsection (b) are met. If these requirements and certifications are not met, section 654 of title 10, United States Code, shall remain in effect.

(d) Benefits- Nothing in this section, or the amendments made by this section, shall be construed to require the furnishing of benefits in violation of section 7 of title 1, United States Code (relating to the definitions of `marriage' and `spouse' and referred to as the `Defense of Marriage Act').

(e) No Private Cause of Action- Nothing in this section, or the amendments made by this section, shall be construed to create a private cause of action.

(f) Treatment of 1993 Policy-

(1) TITLE 10- Upon the effective date established by subsection (b), chapter 37 of title 10, United States Code, is amended–

(A) by striking section 654; and

(B) in the table of sections at the beginning of such chapter, by striking the item relating to section 654.

(2) CONFORMING AMENDMENT- Upon the effective date established by subsection (b), section 571 of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 654 note) is amended by striking subsections (b), (c), and (d).

Note first that under subsection (c), this legislation requires that DADT remain in effect until such time as all of the “requirements and certifications required by subsection (b) are met.”  If those requirements aren't met, then DADT will simply remain in place as is.  So contrary to what many seem to believe, passage of this legislation will not mean that DADT has been repealed.  All it will do is allow the Department of Defense (DOD) “to exercise the discretion provided by” removal of the current statutory requirement that open LGBs be discharged from service.  What this means is that it will be up to the Pentagon to determine by regulation whether LGBs can serve openly in the military.

And therein lies the problem.  Assuming statute passes, and DOD issues regulations permitting LGBs to serve openly, those regulations can simply be revoked by a future administration.  If you've read the statutory text carefully, you'll see that there's nothing in it that requires DOD to permit LGBs to serve openly.  The statute contains nothing compelling DOD to treat LGB servicemembers the same way it treats straight servicemembers.  Indeed, under the language of this statute, DOD would be perfectly within its legal rights if it banned LGBs from service completely.  In effect, enacting this statute takes us back to the status quo circa 1992. 

By passing this statute, Congress will not be guaranteeing LGBs a right to open service, and it will not protect LGBs from being forced out of the military in the event a future administration decides to adopt a discriminatory policy.  In sum, there's nothing legally “durable” about this solution.

As a practical matter, however, if the statute passes, and if DOD decides to permit open service, it would probably be somewhat difficult to reinstate DADT or a ban on service by LGBs.  Getting the toothpaste back in the tube could be tough, but the point is that there would be no law that would keep a future administration from trying to do so if it wanted to.

Myth No. 3:  The Department of Justice was required to appeal the judgment in the Log Cabin Republicans litigation.

Fact:  Taking the appeal was a matter of discretion.  Nothing absolutely required DOJ to defend the law in the first instance, and nothing absolutely required it to appeal.

Adam B has written an excellent piece on this issue over at DailyKos, and I really have nothing more to add.  If you didn't see it the first time around, it's well worth a read.  And you should definitely read it before making any claims about how DOJ is “required” to appeal.

Myth No. 4:  DOJ is just appealing so that they can get a higher court to invalidate DADT and set a wider precedent.

Fact:  A party only appeals from a judgment if it disagrees with it.  The Log Cabin Republicans, representing LGB servicemembers, prevailed before U.S. District Judge Virginia Phillips.  Judge Phillips held DADT unconstitutional, and she later enjoined DOD from enforcing the policy. 

DOJ's appeal now seeks to overturn that decision.  DOJ is arguing that Judge Phillips was wrong and that DADT is, in fact, perfectly constitutional.  So if DOJ wins on appeal, the precedent it will set is that governmental discrimination on the basis of sexual orientation does not violate the servicemembers' constitutional rights.  Obviously, any such precedent would be very harmful to the cause of LGBT equality.

That's why for me as a lawyer, this myth is one of the most baffling things I've ever heard in my life.  It completely fails to account for DOJ's actual position in the litigation, and it ignores the profoundly negative consequences a victory by DOJ would have for LGBT Americans.
 

Myth No. 5:  DOJ's appeal doesn't matter, because a future administration could appeal later.

Fact:  If DOJ hadn't appealed, Judge Phillips' decision would have become final after 60 days, and no further appeals would be possible.

The reason for this can be found in the Federal Rules of Appellate Procedure, specifically Rule 4(a)(1)(B):

Rule 4. Appeal as of Right—When Taken

(a) Appeal in a Civil Case.

(1) Time for Filing a Notice of Appeal.

[. . .]

(B) When the United States or its officer or agency is a party, the notice of appeal may be filed by any party within 60 days after the judgment or order appealed from is entered.

[. . .]

And to quote the Supreme Court:

“It is well settled that the requirement of a timely notice of appeal is mandatory and jurisdictional.”  Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 61 (1982)

As a result, if a party (including the federal government) fails to appeal within the time fixed by Rule 4, the Court of Appeals has no power to hear the case.  If a party tries to appeal after expiration of the deadline, the appeal is subject to dismissal for lack of jurisdiction.  So if DOJ hadn't filed an appeal here, the case would have come to an end.

There's one caveat to this, though, and it's one Adam B has been careful to point out in commenting on this case.  Since Judge Phillips issued an injunction, a future administration could return to court and ask her to modify the injunction.  If she refused, an appeal could be taken from her order denying the request to modify.  Of course, there would have to be some ground for seeking modification, and if LGB servicemembers had been serving openly for years, it would likely be far harder to convince any court to modify the injunction to reinstate the requirement that LGBs serve in silence.  Still, I think it's important to note this theoretical possibility.

=================================================================

For those who are still with me after all of this legalese, thanks very much for reading.  I hope this will help clear up some of the confusion surrounding DADT so that future discussions on the site will be more “reality based.”

That's all for now.

FCJ

 

Pam’s House Blend – Front Page

—  admin

Show vs. Show • 03.26.10

By RICH LOPEZ | Staff Writer lopez@dallasvoice.com

Dallas doesn’t find itself too often in the middle of a gay live music dilemma. This weekend, two musicians might get to bring their sounds to the masses. That is, if LGBT Dallas heads out to support their own.

Tommy Hernandez was mostly on the local music scene as a solo artist but his latest venture takes him away from pop music into a trancey realm. As one half of Museum Creatures, he and Stephen Holmes go the electronica route.

Museum Creatures is part of the Mercy for Animals Benefit at the Cavern on Lower Greenville. They share a heavy bill with Soft Environmental Collapse, Division of Power and more for the Rockout for Animals show.

Patrick Boothe approaches music with a raw attitude. In his latest release, Jump In, a five song EP, he explores his darker side.

Boothe relocated from Dallas to Austin partly to be near the music industry there. A lonely spell set in and provided inspiration for his newest set of songs. But he’s confident his gay audience will relate.

“I do have a mostly gay audience and they don’t listen to just the poppy music at gay clubs and bars you always hear.”

He’s alt-rock with a piano but more in the vein of Tori Amos. Yet, maybe a bit louder.

“It’s just me and a piano but it’s gonna be loud. I sing pretty loud and I’m not a classically trained pianist so it can get intense at times.”

He’s alt-rock with a piano but more in the vein of Tori Amos. Yet, maybe a bit louder.

“It’s just me and a piano but it’s gonna be loud. I sing pretty loud and I’m not a classically trained pianist so it can get intense at times.


— Rich Lopez

 


This article appeared in the Dallas Voice print edition March 26, 2010.


—  admin