What’s Brewing: Chick-fil-A update; Anti-gay lawmakers to have majority in U.S. House

Your weekday morning blend from Instant Tea:

1. After reports surfaced Tuesday that Chick-Fil-A planned to sponsor two conferences hosted by a rabidly anti-gay group in Pennsylvania, the company’s name was abruptly removed from a website promoting the events. Chick-Fil-A also said this on Twitter: “For those seeing reports of a CFA sponsorship w/ the Penn Family Inst, we are looking into the issue and will provide a response ASAP.” Of course, this isn’t the first time Chick-Fil-A has backed an anti-gay group, but the good news is the company still treats us slightly better than chickens.

2. Republicans will take over the U.S. House when it convenes at noon Eastern time today, and the Human Rights Campaign says anti-gay lawmakers will also now have a majority in the chamber. According to a report released by HRC this morning (screen grab above), anti-LGBT lawmakers now hold 225 seats, a gain of 53 from the last Congress. (Read more here.) On the bright side, the House will gain its fourth openly gay member — David Cicilline of Rhode Island.

3. Speaking of Rhode Island, the new governor there, Lincoln Chafee, is calling for marriage equality.

—  John Wright

N.C. high court voids lesbian lawmaker’s 2nd-parent adoption

GARY D. ROBERTSON | Associated Press

RALEIGH, N.C. — North Carolina’s highest court on Monday, Dec. 20 voided a state senator’s adoption of her former domestic partner’s biological son, a move that appears to close a method for same-sex couples to adopt unless the Legislature steps in.

The state Supreme Court ruled 5-2 that the adoption of Melissa Jarrell’s son by state Sen. Julia Boseman was invalid because a Durham County District Court judge waived a requirement five years ago that Jarrell had to give up her parental rights in the process.

Under the adoption plan approved by the lower court, Boseman became an adoptive parent while Jarrell retained full parental rights as well.

However, Associate Justice Paul Newby wrote for the majority that the adoption never occurred in the eyes of the law because lawmakers have made clear the biological parent must terminate a legal relationship with the child. That part of the ruling favored Jarrell, who had sued to negate the adoption after the couple separated.

She and Boseman, North Carolina’s first openly gay member of the General Assembly, had been living together when Jarrell gave birth to Jacob in 2002.

The majority of justices let stand another lower court ruling allowing the two to have joint custody of the child, saying it would be in Jacob’s best interest for the women, who have been sharing parental responsibilities, to rear him.

Still, the ruling eliminates a method for same-sex couples to adopt and could raise legal questions about so-called “second parent” adoptions like this one. They have been granted in Durham and Orange counties in recent years, according to testimony and court documents.

“If our uniform court system is to be preserved, a new form of adoption cannot be made available in some counties but not all,” Newby wrote.

For such two-parent adoptions to occur by parents of the same gender — granting inheritance and other rights to the child — same-sex marriage would have to be created in North Carolina or the adoption law would have to be changed, said Michelle Connell, a Winston-Salem lawyer and chairwoman of the family law section of the North Carolina Bar Association.

Several Christian groups filed briefs arguing the adoption was illegal, while law professors and the American Civil Liberties Union urged the court to uphold Boseman’s adoption to ensure the child and others in similar situations would be in stable family environments.

Those issues are best addressed at the General Assembly, Newby wrote. At least 27 states permit second-parent adoptions through state law or based on evidence in local courts, according to the Human Rights Campaign, a national group that works for lesbian, gay, bisexual and transgender equality.

“The avenue is going to have to be changing the statute,” Connell said in an interview. Otherwise, she said, this ruling closes down the method completely. Republicans taking charge of the Legislature next month are considering whether to vote on a constitutional amendment that would prohibit gay marriage.

Associate Justice Patricia Timmons-Goodson wrote in a dissenting opinion that Jarrell was barred from challenging the decree because she missed deadlines to do so. In a separate opinion, Associate Justice Robin Hudson said there was no explicit prohibition against or permission for a waiver like the one Jarrell received.

“The majority overlooks the interests of this child and promotes (Jarrell’s) rights over those of the child, in direct contravention of the law as written,” Hudson wrote in arguing for a Court of Appeals ruling earlier this year upholding the adoption.

Jarrell attorney Leslie Fritscher said her client was pleased with the adoption being voided but was still reviewing the ruling granting joint custody.

Lawyer Jim Lea, representing Boseman, said the senator is pleased that she will remain part of Jacob’s life but is unhappy with the adoption decision. “If you have two loving parents that want to adopt a child … one should not be forced to comply with North Carolina statute by terminating parental rights,” he said.

Boseman, a Democrat from Wilmington, was first elected to the Legislature in 2004. She didn’t seek re-election this year and leaves office at the end of this month.

—  John Wright

LGBT groups react to big losses in House, Senate

From Staff and Wire Reports

Republicans won control of the U.S. House in Tuesday’s elections. As of 3 a.m. Wednesday, it appeared the GOP will hold at least 234 seats, to Democrats’ 180.

But Democrats retained a slim majority in the U.S. Senate — holding 51 seats, compared to the Republicans’ 47. At 3 a.m. Wednesday, Senate races in Washington State and Colorado were considered too close to call.

The LGBT community will be able to celebrate the addition of a fourth openly gay member to the House and the re-election of the three openly gay incumbents, but the loss of a Democratic majority in that chamber spells the end for hope that any of the dozen or so pro-gay measures pending in Congress have any chance of advancing in the next two years. The new Republican majority also increases the likelihood that measures hostile to LGBT civil rights issues can be publicized through hearings in committee that will, starting next January, be chaired by Republicans.

“Social justice movements always experience steps forward and steps back and this election turned out to be a mix of both,” Human Rights Campaign President Joe Solmonese said in a statement reacting to the election results. “Even though we will face greater challenges in moving federal legislation forward, nothing will stop us from using every tool to advance LGBT equality at every level. Attempts to hold back the tide of the equality movement will surely put anti-LGBT leaders on the wrong side of history.”

While House Speaker Nancy Pelosi, D-Calif., made many promises to move LGBT legislation on her watch, the next likely speaker, Rep. John Boehner, R-Ohio, has a score of zero on gay-related matters in the past three sessions of Congress, according to the Human Rights Campaign. Two other political zeros will be at his side: Eric Cantor of Virginia as the likely minority whip, and Mike Pence of Indiana, as Republican Conference Chair.

“We will be prepared to fight attempts to turn back the clock on equality as well as highlight how far this new leadership is outside the mainstream of public opinion,” Solmonese said. “We need not look any further than their decade of House control that brought us attempts to pass a federal marriage amendment, strip courts of jurisdiction to hear LGBT rights claims, cut HIV/AIDS funding and vilify openly LGBT appointees.”

Rea Carey, executive director of the National Gay and Lesbian Task Force, said: “We’ll cut to the chase: The shift in the balance of power will very likely slow advancement of lesbian, gay, bisexual and transgender rights legislation in Congress. Does this mean a blockade on LGBT rights? Not if we can help it. Fact is, our community has always had to fight — and fight hard — for equality. This is nothing new to us. But here’s another fact: There are Americans, from every part of the country, from every background, from every political leaning and of every faith, who support equality for LGBT people — and those numbers grow bigger every day.”

“No matter what the political breakdown is in Washington, the Task Force will continue to identify and work with all fair-minded members of Congress who are willing to support and defend equality for LGBT people,” Carey said. “Through our New Beginning Initiative, we will continue to push for the administration and its agencies to make tangible changes that benefit lesbian, gay, bisexual and transgender people and our families — changes that can be done without Congress. We will continue working with local partners in communities across the country to secure equality. Bottom line: While political winds and players may shift, the fundamental needs of the people do not. No matter who is in office, people need jobs, protection from discrimination, a roof over their heads, a way to feed their families, a fair shake. No one should settle for less — we won’t.”

On the bright said, openly gay Reps. Barney Frank, D-Mass., Tammy Baldwin, D-Wisc., and Jared Polis, D-Colo., will return to their seats in the next Congressional session. And they will be joined by the openly gay mayor of Providence, R.I., who will be representing that state’s 1st Congressional district. Two other openly gay candidates for Congress on Tuesday did not succeed — Steve Pougnet in California and Ed Potosnak in New Jersey.

There were numerous other losses for the LGBT community to mourn in Tuesday’s results. U.S. Rep. Patrick Murphy, D-Penn., who led the charge to gain passage of a measure to repeal “don’t ask, don’t tell,” lost his seat to Republican challenger Michael Fitzpatrick. And five other strong LGBT supporters lost Tuesday night, including Reps. Phil Hare of Illinois, (Illinois’ 17th Congressional district), John Hall and Michael Arcuri of New York, John Salazar of Colorado and Carol Shea-Porter of New Hampshire. Hare earned a 100 percent score from HRC; Hall earned a 90, Arcuri an 85; and Salazar and Shea-Porter an 80.

Among other candidates with LGBT support who lost Tuesday night included Arizona Democratic Rep. Harry Mitchell, who voted for ENDA in 2007 and opposed an amendment to ban same-sex marriage in the federal constitution. Mitchell was defeated by Republican David Schweikert, who has said, “Traditional marriage is the basis for a functional society.” Texas Democratic Rep. Chet Edwards earned an HRC contribution even though he was not a strong supporter of equal rights for gays. But he was trounced by an even more conservative Republican opponent, Bill Flores. Flores says he believes “there is one definition of marriage and that is between one man and one woman” and has said he will “stand firm against any effort to change this or force Texas to recognize ‘gay marriages’ in other states.”

Twelve of the 17 Republican candidates endorsed by Log Cabin Republicans won their races Tuesday night, including Reps. Ileana Ros-Lehtinen of Florida, Judy Biggert of Illinois, Todd Platts and Charles Dent of Pennsylvania, Dave Reichert of Washington, Leonard Lance of New Jersey, and Nan Hayworth and Richard Hanna of New York. One painful loss for Log Cabin was Republican was incumbent Joseph Cao of Louisiana. The group just this year presented Cao with its “Spirit of Lincoln” award for his support on the hate crimes bill and co-sponsorship of a bill to repeal DADT.

Republican Sean Bielat, who earned the endorsement of the new gay conservative group, GOProud, lost in his bid to unseat longtime Democratic gay Congressman Barney Frank. Bielat is against repealing DADT and supports “traditional marriage.”

In the Senate, the LGBT losses include longtime civil rights supporter Russ Feingold, a Democrat from Wisconsin, who was beaten by Republican newcomer Ron Johnson. Feingold was one of only 14 senators who voted against the Defense of Marriage Act (DOMA) in 1996. Johnson, like Feingold, supports repeal of DADT but only if the military approves it. Johnson opposes marriage equality for same-sex couples. Pro-gay Democrat Alex Giannoulias lost in his bid for the U.S. Senate seat from Illinois to Congressman Mark Kirk.

During his time in the House, Kirk earned relatively strong scores from HRC, but last June he voted against repeal of DADT. Following numerous reports by bloggers that Kirk is a closeted gay man, a local television reporter asked him why the bloggers “keep saying that.” Kirk, who has said publicly he is not gay, said he thinks it’s because he’s divorced.

Meanwhile, both Democrat Kendrick Meeks and Independent Charlie Crist failed to win a Senate seat in Florida. That, instead, will be held by Republican Mark Rubio, who opposes repeal of DADT.

On the brighter side, Senate Majority leader Harry Reid beat out Tea Party Republican Sharron Angle. Reid was supportive of LGBT civil rights; Angle is not. California Sen. Barbara Boxer, a longtime LGBT supportive Democrat and one of the 14 DOMA opponents, eld onto her seat, defeating less supportive Republican Carly Fiorina. And pro-gay Democrat Chris Coons, endorsed by the Human Rights Campaign, easily defeated Republican gadfly Christine O’Donnell. Coons has said he will “continue fighting for LGBT issues,” including marriage equality, repeal of DADT and the Defense of Marriage Act, and passage of the Employment Non-Discrimination Act.

It is still unclear who has won the Senate races in Colorado and Washington State. In Colorado, incumbent Democrat Michael Bennet is in a very tight race against Republican Ken Buck, who has implied that homosexuality is akin to alcoholism. And in Washington, incumbent pro-gay Democrat Patty Murray was clinging to a thin lead over Republican challenger Dino Rossi, who opposes marriage equality and domestic partnerships.

—  John Wright

Cicilline becomes 4th gay member of Congress

The Gay & Lesbian Victory Fund is reporting that Providence Mayor David Cicilline has won his race for Congress in Rhode Island.

“Mayor Cicilline will be a strong advocate for all Rhode Islanders, but he will also be an authentic voice for the millions of gay, lesbian, bisexual and transgender Americans who long for the day when we will be treated equally under law,” said Chuck Wolfe, president and CEO of the Victory Fund. “We are enormously proud of him and grateful to Rhode Island voters.”

Cicilline will join openly gay Reps. Barney Frank of Massachusetts, Tammy Baldwin of Wisconsin and Jared Polis of Colorado, all Democrats.

—  John Wright

Austin City Limits preview: Festival won’t be supergay this year, but it’s still worth the trip

If you’re venturing down for this year’s ACL fest, chances are you’ve mentally prepared for a lack of personal space over the next two days. The weather will eventually get too hot, the treks too long and there’s bound to be mud somewhere. And that makes the music fest all the more glorious.

The roster of players is always impressive with at least one band that should appeal to the finickiest of music lovers. But I got a little curious as to finding the gay angle to ACL, which really is just seeing who’s playing that also plays on the LGBT side of the fence. Plus, I hope you won’t mind just a couple of non-gay recommendations along the way.

Friday night — If you missed them Wednesday night, Vampire Weekend, below,  plays at 7 p.m. on the ZYNC Card stage. I feel like I’ve pointed to gay member Rostam Batmanglij a lot this past week, but really, the band’s live show has a reputation of greatness. I wouldn’t know. Although The Strokes don’t have any confirmed gay members, there was that gay porn incident.They play at 8 p.m. on the AMD stage.

—  Rich Lopez

FW church leaves BGCT

Broadway Baptist wants to move beyond ‘distractions’ caused by denomination’s response to congregation’s welcome of gays

Tammye Nash and John Wright  |  Dallas Voice editor@dallasvoice.com

FORT WORTH — Saying that the church doesn’t want any further “distractions” over its position on homosexuality, Fort Worth’s Broadway Baptist has officially ended its 125-year affiliation with the Baptist General Convention of Texas.

Broadway Baptist officials on Monday, Sept. 13, hand-delivered a letter — written by Pastor Brent Beasley and approved by the congregation on Wednesday, Sept. 8 — to BGCT offices in Dallas, informing BGCT Executive Director Randel Everett that the congregation will no longer contribute or send messengers to the convention’s annual meeting or publicly claim affiliation with the state convention, according to a report published online by The Baptist Standard.

The move was the latest development in an ongoing battle between Broadway and the Southern Baptist denomination that began in 2008 when the Fort Worth congregation voted to include photos of its openly LGBT members in the directory commemorating the church’s 125th anniversary.

Scott Green, an openly gay member of Broadway Baptist, responded to the decision Tuesday evening, Sept. 14, in an e-mail sent exclusively to Dallas Voice.

“It is indeed unfortunate that Broadway has once again been put into the situation of having to make choices that, in the end, benefit no one,” Green said.

Green added that Broadway Baptist “has always stood as a beacon of hope for the entire community. We also stand firm in the knowledge that God is gracious and loving, welcoming all of us.

“Each and every week, I am surrounded by this marvelous community of believers,” he continued. “They seek God’s guidance for their individual lives, and corporately live out their faith. They wrap their arms around those who are in need. I challenge anyone to stand and say that Broadway Baptist should not be a vital part of Christ’s mission.”

Green also had praise for Broadway’s pastor, Brent Beasley, saying the minister has “led us mightily” since becoming pastor in July 2009.

“We have rebounded in every way imaginable. Whether or not we are part of the SBC [Southern Baptist Convention], the BGCT, or any other denominational entity, I am both humbled and honored to be a member of this fine church,” Green said.

According to the letter from Broadway Baptist to BGCT, the Fort Worth church is leaving because of “distracting complications we encountered in our attempt to participate in last year’s annual meeting and the prospect of future unwanted and unneeded discord.”

Those “complications” were threats by some representatives to the state convention in the fall of 2009 that they would challenge the seating of messengers from Broadway Baptist over the church’s policy of welcoming openly gay and lesbian members.

According to the Baptist Standard, the letter also said one of Broadway’s commitments is “welcoming all persons into our church, including the outcast, those on the margins of society, and those who have not found that welcome in many other places, including, unfortunately, many churches,” and that thanks to that policy, Broadway Baptist has “become a vital and diverse community of faith, coming from many different backgrounds and representing many different perspectives, but united in the love and grace of Jesus Christ.”

In 2008, an internal dispute broke out at Broadway Baptist over plans to include same-sex couples in the photo directory. That led to an effort by some of the congregation’s more conservative members to oust then-Pastor Brett Younger.

That effort eventually failed when the congregation voted to keep him on. But a month later, Younger announced he was leaving to take a teaching position at Mercer University in Georgia.

In June of 2009, the Southern Baptist Convention voted to sever its ties with Broadway Baptist because of the congregation’s policy of welcoming LGBT members.

Earlier this year, the Baptist General Convention of Texas voted to expel Royal Lane Baptist Church in Dallas over the congregation’s acceptance of gays.­­­­­­­­­­­­­­­­

This article appeared in the Dallas Voice print edition September 17, 2010.

—  Michael Stephens

Utah GOP taps gay man for state Senate race

Associated Press

SALT LAKE CITY — The Utah Republican Party has chosen the head of the Utah Log Cabin Republicans, a gay and lesbian political organization, to run in a state Senate race.

The Deseret News reported Thursday, Sept. 2 that Melvin Nimer will replace Republican Nancie Lee Davis for the District 2 seat in heavily Democratic Salt Lake City. Davis was disqualified for failing to file a campaign finance disclosure statement with the lieutenant governor’s office.

Choosing Nimer could help Republicans’ chances against Democratic State Sen. Ben McAdams. The person who previously held McAdams’ seat was the only openly gay member of the Senate, although Scott McCoy was also a Democrat.

A 60-year-old accountant, Nimer, said he offers voters “a voice at the Republican table” in a GOP-dominated Legislature. He did not, however, take issue with the way the district has been represented.

“As good as Sen. McCoy was and Sen. McAdams is, being Democrats, they don’t have as much influence as a Republican would have,” Nimer said.

Nimer has been openly gay for 15 years, but said it’s not clear whether that will give him an edge with voters.

“Definitely, I’ll have that card to play, if you will,” Nimer said. “Luckily, it’s a fairly liberal district.”

McAdams said Nimer’s entry into the race doesn’t change his campaign plans. Recent campaign finance reports shows McAdams has raised $47,000.

McAdams said his track record on lesbian, gay, bisexual and transgender issues speaks for itself. He has already secured endorsements from McCoy, Equality Utah and others in the LGBT community.

—  John Wright