Araguz booking raises questions about Harris County jail’s treatment of transgender inmates

Judge Vanessa Valasquez

Judge Vanessa Valasquez

According to the Houston Chronicle, Nikki Araguz has been booked into the Harris County Jain after arriving 40 minutes late for a scheduled court appearance on Friday. The court date was to allow Araguz to plead guilty to charges that she stole a watch from an acquaintance last year. Under the proposed plea bargain Araguz would have paid $2,600 in restitution and served 15 days in county jail. State District Judge Vanessa Velasquez, a Republican first appointed to the bench by Gov. Rick Perry, responded to Araguz’ apologies for her tardiness with “It’s too late for sorry,” ordering bailiffs to escort her to a hold cell next to the courtroom.

Araguz is the widow of firefighter Capt. Thomas Araguz who died in the line of duty last year. Capt. Araguz’s ex-wife and mother have sued to claim the portion of his survivor’s benefits reserved for the spouses of slain firefighters, claiming that since Nikki Araguz was identified as male at birth the marriage was invalid under Texas’ laws prohibiting the recognition of same-sex marriage. Mrs. Araguz’s birth certificate identifies her as female, as does her state issued identification.

Araguz’s booking has raised questions about the Harris County’s treatment of transgender detainees. The Sheriff Department’s Public Information Inquiry System listed Araguz using her male birth name on Friday. They have since removed the name from the site’s searchable database but have retained the record, listing it under the department’s “special person number” (SPN) filing system. The SPN record includes Araguz’s birth name. The Sheriff’s office has not returned calls from Houstini asking why the department is not using Araguz’s legal name and if this is common practice.

According to a friend who has visited Araguz at the jail her identity bracelet correctly identifies her gender as “F” – but reflects Araguz’s birth name, not her legal name. Araguz is segregated from the general jail population, but can receive visitors during regular visiting hours.

Araguz will remain in the Harris County Jail until Jan 25 when she is scheduled to appear again before Judge Velasquez.

—  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.

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“Head Figure Head” Tarot: How to predict next Gov. Perry gay rumor

Glen Maxey’s new book investigating the persistent Rick Perry gay rumors, Head Figure Head: The Search for the Hidden Life of Rick Perry, is so full of pseudonyms the characters involved sometimes seem more like archetypes than people. Names like “The Journalist,” “The Capitol Insider” and “The Jogger” are reminiscent of the Tarot cards some use to predict the future: “The Hanged Man,” “The Magician,” The Tower,” et cetera.

Which got us at Houstini thinking… what would a “Joey the Hustler” card portend in a fortune? Or “The Former Legislator?” (These will make a lot more sense if you’ve read the book (or our review).)

The Journalist

The Journalist card indicates you will soon be screwed over by your boss's squeamishness. Beware upcoming deadlines - they will keep changing. Now is a good time to buy an influential person steak.

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“Head Figure Head” more about journalism than about Gov. Rick Perry’s sex life

Head Figure Head, the new e-book from Glen Maxey, details the author’s arduous and frustrating six-month effort to investigate rumors of Gov. Rick Perry’s gay sex life. Maxey served as executive director of the Lesbian/Gay Rights Lobby of Texas (now Equality Texas) during Perry’s tenure as a state representative, later serving for 12 years as a state representative, spanning Perry’s time as agricultural commissioner, lieutenant governor and governor. Of all the people who’ve attempted to look into the rumors of Perry’s trysts with men, Maxey is perhaps best positioned to get to the truth, and takes great pains to ensure we are aware of that fact.

The book is the narrative of Maxey’s research, assisted by a journalist from a national media outlet. Like almost every character in the book other than Maxey and Perry himself, “the Journalist” is referred to only as a pseudonym. Maxey and the Journalist begin their search for proof in June 2011 as rumors of Perry’s impending presidential bid are widely circulating. Immediately the pair find that almost every gay man in Austin has a friend who has a friend who claims to have slept with Perry. For the next three months they track those leads and come excruciatingly close to breaking the story.

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PHOTOS: Response to ‘The Response’ begins

Riki Miller, Zombie McZee and Britney Miranda.

The responses to “The Response” are under way in Houston. First out of the gate was Friday night’s LGBT Texans Against Hate Rally.  Despite temperatures that had barely come down from the triple digits, Houstonians thronged to Tranquility Park in downtown. Beyond commenting on the temperature, the common theme of most of the speakers was that the American Family Association and Gov. Perry’s rally is not representative of Houston and is not welcomed.

Robert Shipman, president of the Houston Stonewall Young Democrats, said: “I kinda think Rick Perry chose the wrong city!”

He continued “They are the bigots, we are not … we are Houston.”

“I guess we should take comfort in the fact that, except for some of his staffers, [Gov. Perry] couldn’t find enough homegrown bigotry in the state of Texas to put on the event himself,” said Mike Craig, co-chair of Out & Equal Houston. “He had to bus them in from Tupulo, Miss., and Colorado Springs, Colo.” Craig was referring to American Family Association (based in Tupulo) and Focus on the Family (based in Colorado Springs), both co-sponsors of “The Response.”

State Rep.  Garnet Coleman, D-Houston, provided the closing address. He criticized Gov. Perry for using divisive religious rhetoric for political gain. “Being here today I’m proud that we are fighting back against a narrow, theocratic view of the world that we live in and of our country that says that people are not welcomed — that says that people are bad because of who they are. That is not America,” said Coleman. “That is what is dividing our city, our state and our country.”

Stay tuned to Instant Tea for more coverage of the LGBT community’s response to “The Response.” More photos from the LGBT Texans Against Hate Rally below (click to enlarge):

—  admin

Texas: A not-so-great state

As Perry eyes the presidency and Dewhurst makes a bid for the Senate, let’s look at the story the numbers really tell

Phyllis Guest | Taking NoteGuest.Phyllis.2

It seems that while David Dewhurst is running for the U.S. Senate, Rick Perry — otherwise known as Gov. Goodhair — is planning to run for president. I wonder what numbers they will use to show how well they have run Texas.

Could they cite $16 million? That’s the sum Perry distributed from our state’s Emerging Technology Fund to his campaign contributors.

Or maybe it is $4.1 billion. That’s the best estimate of the fees and taxes our state collects for dedicated purposes — but diverts to other uses.

Then again, it could be $28 billion. That’s the last published number for the state’s budget deficit, although Perry denied any deficit during his last campaign.

But let’s not get bogged down with dollar amounts. Let’s consider some of the state’s other numbers.

There’s the fact that Texas ranks worst in at least three key measures:

We are the most illiterate, with more than 10 percent of our state’s population unable to read a word. LIFT — Literacy Instruction for Texas — recently reported that half of Dallas residents cannot read a newspaper.

We also have the lowest percentage of persons covered by health insurance and the highest number of teenage repeat pregnancies.

Not to mention that 12,000 children have spent at least three years in the state welfare system, waiting for a foster parent. That’s the number reported in the Texas-loving Dallas Morning News.

Meanwhile, the Legislature has agreed to put several amendments to the Texas Constitution before the voters. HJR 63, HJR 109 plus SJR 4, SJR 16, and SJR 50 all appear to either authorize the shifting of discretionary funds or the issuance of bonds to cover expenses.

Duh. As if we did not know that bonds represent debt, and that we will be paying interest on those bonds long after Dewhurst and Perry leave office.

Further, this spring, the Lege decided that all voters — except, I believe, the elderly — must show proof of citizenship to obtain a state ID or to get or renew a driver’s license. As they did not provide any funds for the issuance of those ID cards or for updating computer systems to accommodate the new requirement, it seems those IDs will be far from free.

Also far from free is Perry’s travel. The Lege decided that the governor does not have to report what he and his entourage spend on travel, which is convenient for him because we taxpayers foot the bill for his security — even when he is making obviously political trips. Or taking along his wife and his golf clubs.

And surely neither Rick Perry nor David Dewhurst will mention the fact that a big portion of our state’s money comes from the federal government. One report I saw stated that our state received $17 billion in stimulus money, although the gov and his lieutenant berated the Democratic president for providing the stimulus.

And the gov turned down $6 billion in education funds, then accepted the funds but did not use them to educate Texans.

The whole thing — Dewhurst’s campaign and Perry’s possible campaign, the 2012-2013 budget, the recent biannual session of the Texas Legislature — seems like something Mark Twain might have written at his tongue-in-cheek best.

We have huge problems in public school education, higher education, health care, air pollution and water resources, to mention just a few of our more notable failures.

Yet our elected officials are defunding public education and thus punishing children, parents, and teachers. They are limiting women’s health care so drastically that our own Parkland Hospital will be unable to provide appropriate care to 30,000 women.

They are seeking a Medicaid “pilot program” that will pave the way for privatized medical services, which will erode health care for all but the wealthiest among us. They are fighting tooth and nail to keep the EPA from dealing with our polluted environment. They are doing absolutely nothing to ensure that Texas continues to have plenty of safe drinking water.

They are most certainly not creating good jobs.

So David Dewhurst and his wife Tricia prayed together and apparently learned that he should run for Kay Bailey Hutchison’s Senate seat. Now Rick Perry is planning a huge prayer rally Saturday, Aug. 6, at Houston’s Reliant Stadium.

God help us.

Phyllis Guest is a longtime activist on political and LGBT issues and a member of Stonewall Democrats of Dallas.

This article appeared in the Dallas Voice print edition August 9, 2011.

—  Kevin Thomas

Mass. Gov. Orders Protection for Trans Workers

GOV DEVAL PATRICK X390 (GLAAD) | ADVOCATE.COMMassachusetts Gov. Deval Patrick signed an executive order Thursday
banning work-based discrimination against transgender state government
employees, and contractors.
Advocate.com: Daily News

—  David Taffet

About Maine Gov. LePage’s Black “Son”

Over the weekend, newly-elected Tea Party-backed Maine Gov. Paul LePage called the NAACP a “special interest group” and told them to “kiss my butt” when they requested his presence at an event honoring Martin Luther King. LePage then offered up his black adopted son as proof that he isn’t a racist. Only, wait. That black “son” of his is actually the son of LePage’s golf caddy and was never adopted, although he did begin living with the LePage family in 2002. A spokesman for the governor said Raymond, now 25 and living in Louisiana, is not available for interviews.

Joe. My. God.

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How CA Sen. Roy Ashburn Scored a $100K+ Gig From Gov. Schwarzenegger

It so totally, absolutely, couldn't be, no way in heck constitute a thank you from the just-exited Gov. Arnold Schwarzenegger, but Roy Ashburn, the anti-gay gay Republican state lawmaker who just termed out of office, has been appointed to the California Unemployment Insurance Appeals Board, where he'll earn 8,109 a year responding to disability and unemployment claims. Ashburn was among a limited number of Republicans who backed the then-governor's temporary sales tax increase, despite signing a "no new taxes" promise during his campaign. But this cushy gig couldn't be Schwarzenegger's way of showing gratitude, right? (Flip-flopping isn't so surprising for a guy who voted against LGBT equality so he could hide his sexuality, but then came out and promised to do better.) Not that Ashburn's appointment is entirely unique: the entire board is now filled with termed-out lawmakers.


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R.I. Bishop Blasts New Gov. on Marriage

BISHOP THOMAS J TOBIN X180 (FACEBOOK) | ADVOCATE.COMThe leader of Rhode Island’s Roman Catholics said marriage equality is “morally wrong” and that the newly sworn-in governor and other lawmakers should not be pushing to legalize it in his state.
Advocate.com: Daily News

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