Valentine’s Comedy Show at Backdoor Comedy

Your funny Valentine

If chocolates and flowers aren’t your kinda thing, maybe a good laugh is. Spice up Valentine’s Day with comedy. Paul Varghese was named the Funniest Comic in Dallas and headlines this Valentine’s show taking the pressure out of romantic expectations, and going for a laugh. But candy and champagne are included just to seal the deal.

DEETS: Backdoor Comedy, 8250 N. Central Expressway (in the Doubletree Hotel). 7:30 and 9:30 p.m. $28. BackDoorComedy.com.

—  Rich Lopez

Trans man wins first round in divorce battle

Judge declines to void marriage between Robertson, Scott in case that could set precedent, but wife’s lawyer downplays significance

Trans

WINNING ROUND 1 | Attorney Eric Gormly, right, says Judge Lori Chrisman Hockett’s decision to deny a motion to void the marriage between trans man James Allan Scott, left, and his wife Rebecca Louise Robertson is, as far as he knows, “the first time any Texas court has ruled that a transsexual man who marries a biological woman is in a legitimate marriage.” (John Wright/Dallas Voice)

JOHN WRIGHT  |  Senior Political Writer
wright@dallasvoice.com

When Rebecca Louise Robertson and James Allan Scott married in Dallas in 1998, Robertson was well aware and fully supportive of Scott’s status as a transgender man, court records indicate.

But when the couple split up after 12 years in 2010, Robertson sought to have their marriage declared void — based on the fact that Scott was born a biological female, and Texas law prohibits same-sex marriage.

Last week, a Dallas County district judge rejected Robertson’s motion for a summary judgment in the case, declining to void the marriage and allowing the matter to proceed as a divorce.

Attorney Eric Gormly, who represents Scott, said if the judge had declared the marriage void, it would have prevented his client, who’s physically disabled, from obtaining a fair division of the couple’s property.

Gormly, who specializes in LGBT law, called the ruling from Judge Lori Chrisman Hockett a significant victory for transgender equality in Texas.

“To our knowledge, this is the first time any Texas court has ruled that a transsexual man who marries a biological woman is in a legitimate marriage,” Gormly said.

Unsettled law

The issue of transgender marriage has made headlines in Texas of late, thanks in large part to the case of Nikki Araguz.

Araguz, a transgender woman, is waging a high-profile fight to receive death benefits from her late husband, Thomas Araguz III, a volunteer firefighter who was killed in the line of duty last year.

In May, a district judge in Wharton County ruled against Nikki Araguz. The judge granted summary judgment to Thomas Araguz’s family, which filed a lawsuit alleging that the couple’s 2008 marriage is void because Nikki Araguz was born a man.

Nikki Araguz has appealed the decision, and LGBT advocates believe Hockett’s ruling in the Dallas case could help the transgender widow’s cause.

In both cases, motions seeking to have the marriages declared void relied heavily on a San Antonio appeals court’s 1999 ruling in Littleton v. Prange, which found that gender is determined at birth and cannot be changed.

However, critics argue that the Littleton decision is unconstitutional and isn’t binding in other parts of Texas.

In response to the Araguz case, a bill was introduced in the Texas Legislature this year to ban transgender marriage. The bill would have removed proof of a sex change from the list of documents that can be used to obtain marriage licenses. Strongly opposed by LGBT advocates, it cleared a Senate committee but never made it to the floor.

Meanwhile, Texas Attorney General Greg Abbott, a Republican who recently intervened in two same-sex divorce cases to try to block them, has thus far stayed out of the fray over transgender marriage.

After a transgender woman and a cisgender woman applied for a marriage license in 2010, the El Paso County clerk requested a ruling from Abbott about whether to grant it. But Abbott opted not to weigh in, with his office saying it would instead wait for court rulings in the Araguz case. The couple was later able to marry in San Antonio, where the county clerk went by Littleton v. Prange.

A spokesman for Abbott’s office didn’t return a phone call seeking comment this week about Hockett’s ruling in the Dallas case. But Gormly said he’d welcome the challenge if Abbott chooses to intervene.

“Bring it on,” Gormly said. “Let him give it his best shot. … I’ve got to think that Greg Abbott has more important issues to deal with.”

Attorney Thomas A. Nicol, a divorce specialist who represents Robertson, said he’s already notified the AG’s office about Hockett’s ruling.

“I think certainly the attorney general, if it wants, can certainly jump in and say they have standing because it appears the statute is not being followed,” Nicol said.

He called Hockett’s ruling “disappointing” but downplayed its significance.

Nicol said for his motion to be denied, Gormly needed to show only that one material fact was in dispute. Hockett provided no explanation in her one-page ruling dated Nov. 21, and Nicol said he now expects the judge to fully address the transgender marriage issue at trial.

“It’s hardly groundbreaking,” Nicols said of Hockett’s denial of summary judgment, which cannot be appealed. “It’s a non-event except for these two litigants, so I’m a little bit surprised that press releases were issued at this stage of the game, because nothing’s happened yet.”

From house-husband to activist

This coming weekend, the 57-year-old Scott will move out of a five-bedroom, 3,200-square foot house in Cedar Hill — and into a small rental cottage. Scott is being evicted after the house, which the couple built together in 2001, went into foreclosure.

Scott, who’s disabled from scoliosis, said he was a faithful “house husband” — he did the grocery shopping, took care of the dogs and provided emotional support — while Robertson worked as a radiologist at the Dallas VA Medical Center. “The only thing I didn’t do was cook,” Scott said.

Scott and Gormly allege that in July 2010, Robertson opened a personal bank account and cut him off from the couple’s funds.

“After 12 years of marriage, she basically was trying to shove him overboard without a life jacket and sail off with her new boyfriend,” Gormly said.

After Robertson filed to declare the marriage void in September 2010, Scott filed a counter petition for divorce in February. In June, Robertson filed her motion for summary judgment.

Gormly said the divorce likely would have been final six months ago if it hadn’t been for the transgender marriage issue. Instead, both parties have racked up tens of thousands of dollars worth of legal bills.

Scott said the case is about money.

“She stands to inherit a good deal of money that she doesn’t want me to get my hands on,” he said. “I didn’t marry her for money. I married her because I loved her. I just want what I would have gotten in a regular divorce.”

Scott said he’s known he was transgender since an early age. In high school he cross-dressed and dated girls. He jokes that he kept waiting for a penis to grow and was disappointed when his mother told him he needed to start wearing a shirt after he developed breasts.

In 1998, months before he married Robertson, Scott had his breasts and ovaries removed. At the time the couple had already been together for 10 years.

Scott also obtained a birth certificate from his native Iowa identifying him as male. The only transitional step Scott hasn’t undertaken is a phalloplasty — an expensive, imperfect and dangerous procedure for female-to-male transsexuals.

Scott, who sports a full beard and mustache thanks to hormone therapy, said no one except his doctor’s office knew he was transgender during the time the couple lived together in Cedar Hill. He acknowledges this will change now, but says the case is about more than just him now.

“Most importantly if it keep kids from killing themselves because they’re different — that doesn’t need to be,” Scott said.

“I’m fully aware that after this case comes out in the press, I could be threatened, but at the moment it seems minor compared to what my wife has done to me,” he added. “It’s about equality for everyone.”

This article appeared in the Dallas Voice print edition December 2, 2011.

—  Kevin Thomas

Investigation clears gay Fort Worth teacher

Kristopher Franks set to return to work Friday after 4-day leave stemming from allegations of improper behavior

FWISD School board member Carlos Vasquez

Tammye Nash  |  Senior Editor
nash@dallasvoice.com

FORT WORTH — Gay Western Hills High School teacher Kristopher Franks, put on paid administrative leave on Monday, Sept. 26, following allegations of improper behavior, has been cleared of all allegations and was set to return to work today (Friday, Sept. 30).

Franks is the teacher who  became the target of ire from the religious right after he sent a student in his German 1 class to the principal’s office for saying in class that as a Christian he believed “homosexuality is wrong.” The school’s assistance principal then suspended the student, setting off a controversy that made headlines around the country.

That student, freshman Dakota Ary, and his mother enlisted the assistance of Liberty Counsel attorney Matt Krause in fighting the suspension on the grounds that Franks and the school had violated Ary’s right to freedom of speech.

District officials quickly reversed their decision, lifting the suspension.

But Steven Poole, deputy executive director for the United Educators Association of Texas, a teachers union, said Tuesday, Sept. 27, that the allegations leading to Franks being put on leave were unrelated to the incident with Ary.

Franks, who had not spoken to the press previously on the advice of his union representative, said Thursday afternoon that he had just met with Fort Worth Independent School District administrators, who told him the nearly weeklong investigation had determined that the allegations against him were unfounded. He did not elaborate on the substance of those allegations.

Franks also said administrators had given him the option of returning to teach at Western Hills High or transferring to another school in the district.

“I haven’t made up my mind yet what I’m going to do,” Franks told Dallas Voice by phone Thursday afternoon. “I’m going to go back to work tomorrow, and I will talk to my boss [the district’s world languages supervisor], and see what she says and decide what’s the best thing to ­do from there.”

FWISD Board of Trustees member Dr. Carlos Vasquez told Dallas Voice in a phone call Wednesday afternoon, Sept. 28, that any time allegations are made against a teacher, those allegations have to be investigated, and it is routine for the teacher in question to be placed on paid administrative leave.

Franks said Thursday that he was pleased with the outcome of the investigation, carried out by an independent investigator, and that interim FWISD Supt. Walter Dansby was “very nice” when they spoke.

“I think they did the right thing,” Franks said. “I can go back to work, which is great. But now I just have to figure out how to fix the damage this whole thing has done to my personal life.”

Franks said since the investigation is closed, he is no longer being represented by a union attorney. He has, instead, retained the services of attorney Stephen Gordon to “represent me on any aspects of this whole thing going forward.”

He also indicated that he and Gordon would be discussing what possible actions he might take against “those people who have lied and made false allegations against me.”

While Franks had previously declined to speak to the media, Daokta Ary, his mother and Krause as their attorney went immediately to the press, telling their side of the story in several TV interviews and saying Franks and the school had violated the student’s right to freedom of speech. The case quickly became a rallying point for the religious right.

Krause this week told Dallas Voice that he and his clients are satisfied with school officials’ decision to rescind the unexcused absences the suspension left on Ary’s record, but “we would still like for them [school officials] to completely vindicate him and say that he did nothing wrong. He should never have been written up for an infraction. He should never have been sent to the office, and he should never have been suspended.”

Ary said in  media interviews that he made the comment quietly to a classmate sitting next to him in response to a discussion going on in the class at the time.

Dakota Ary

But Franks told friends shortly after the incident that there was no discussion involving homosexuality at the time, and that Ary made the comment loudly while looking directly at Franks.

Franks also told friends that the comment was only the latest in an ongoing series of incidents in which Ary and a group of three of his friends have made anti-gay comments to and about him.

Franks told friends that the harassment by Ary and his friends began several weeks ago after Franks, who also teaches sociology, posted on the “World Wall” in his classroom a photo, taken from the German news magazine Stern, of two men kissing. The photo was ripped off the wall and torn in two at some point during Ary’s class, and Franks told friends he believes that Ary or one of his friends tore up the photo.

During a later sociology class students upset that the photo had been torn up replaced it with a hand-drawn picture, and another student then covered that picture with a page bearing a hand-written biblical scripture from Leviticus calling sex between two men an abomination.

Franks told friends that since that incident, Ary and his friends had continued to make derogatory and harassing comments.

Franks’ friends also said that the teacher, a Fulbright scholar, has been the target of anti-gay harassment for at least the last two years, including having hateful messages left in his classroom and, in one case, having his car vandalized.

FWISD teacher Martin Vann, spokesman for the group LGBTQ S.A.V.E.S. that was formed about a year ago to help protect students and teachers in the district from anti-gay discrimination and bullying, said that Franks told his version of the incident last week, before the current investigation was launched and Franks was required to sign a statement saying he would not discuss the incident with other teachers, administrators, parents or students. Vann said Franks denied getting angry and yelling at Ary, as Ary had said, and reiterated that Ary’s comments were not pertinent to any discussion in the class at the time.

Vann said Franks told him that another student had asked him what the German word for “Christian” was, and how, if he moved to Germany, he could find an English translation of the Bible. That’s when, Franks told Vann, Ary looked directly at him and said loudly that as a Christian, he believes homosexuality is wrong.

It was not, Franks told Vann, a simple statement of belief or opinion but rather an intentional effort to insult and harass the teacher that Ary perceived to be gay.

Krause this week again said that Ary did not direct his remark in class that day at Franks, and that Ary had nothing to do with tearing down the photo of the men kissing.

The attorney also said that Ary told him he did not know to whom Franks was referring when he talked about Ary’s “three friends.”

The Franks case comes in the wake of months of scandal over allegations by teachers that administrators routinely allowed some teachers and administrators to harass and bully students and other teachers, and that teachers who complained often faced retaliation.

Vasquez, who is openly gay, said Wednesday that he believed the Franks investigation would be fair, that he would watch the situation closely “to make sure all the proper procedures are followed,” and that he believed Dansby would handle the situation fairly.

“Considering all the problems we’ve had, I know he [Dansby] will be watching this closely,” Vasquez said.

Vasquez said it is the school district’s responsibility to make sure there is “no harassment in our schools, whether it’s from the teacher to the student, or student to student or even student to teacher. I know that happens, sometimes, too.

“There should be no harassment whatsoever in our schools,” Vasquez , himself a former teacher, said.

Fort Worth ISD has been credited with having one of the most comprehensive anti-bullying and anti-harassment policies in the state, having adopted individual policies within the last year to include prohibitions against harassment and bullying, including that based on sexual orientation, gender identity and gender expression, for both teachers and students.

This article appeared in the Dallas Voice print edition September 30, 2011.

—  Michael Stephens

Starvoice • 09.09.11

By Jack Fertig

CELEBRITY BIRTHDAY

Jennifer Hudson turns 30 on Monday.
The Oscar winner has made headlines in the recent past mostly on her weight loss. She talks to Self magazine this month about losing over 80 pounds. This year, she returns to the big screen in Winnie, portraying Nelson Mandela’s wife, and in 2012’s The Three Stooges.

…………………..

THIS WEEK

Venus coming home to Libra normally helps us to be more gracious, social and polite. Opposing Uranus on the way in whips up some crazy ideas of what that might mean. Compassion and imagining yourself in the other’s position is usually the best way to start out.

…………………..

VIRGO Aug 23-Sep 22
You find amazing deals at estate sales, perhaps even your true love. If you already have one, bring him or her along and you find some treasure that will become an emblematic keepsake.

LIBRA Sep 23-Oct 22
You’re looking especially gorgeous. The attention you get will surprise you. Of course you’re not just a pretty face; a new contact could prove very helpful as a colleague.

SCORPIO Oct 23-Nov 21
Hiding out from the social whirl may give you peace, but doesn’t do much for your anxieties. Hum the first tune that comes to mind. That song will offer insights to face your worries.

SAGITTARIUS Nov 22-Dec 20
Party it up but don’t go overboard. Seek out new, interesting, unusual people at these events. Their perspectives can trigger new insights into your own roots.

CAPRICORN Dec 21-Jan 19
Career opportunities are looking good, but are you prepared? Know your strengths and the difference between reaching and overreaching. Work causes you to neglect issues at home.

AQUARIUS Jan 20-Feb 18
Think a little harder before opening your mouth. Does it really need to be said? Your words carry more weight than you realize. Treat them like currency and don’t waste them.

PISCES Feb 19-Mar 19
Opportunities abound as Venus is flashing her goodies in your house of illicit pleasures. She offers a deeper challenge to re-
examine your priorities and values.

ARIES Mar 20-Apr 19
You’re suddenly looking marriageable no matter what local laws allow. Let someone special see your inner wounds. Allowing yourself to be vulnerable shows confidence in both of you.

TAURUS Apr 20-May 20
A friend in need is a pain in the ass. You have your own problems. Even so, helping out your pal can not only get you out of your own problems for a bit, but help point you to a solution.

GEMINI May 21-Jun 20
Your idea of social outreach is a little outré. One on one is fine for scaring off people you don’t want to deal with, but if you’re working with a group, behave accordingly.

CANCER Jun 21-Jul 22
New recipes go better than you’d hoped for. Even if things screw up, you get points for trying. At work keep your boss up on any experiments, just in case.

LEO Jul 23-Aug 22
Advice is not necessarily appreciated, as you could find out the hard way. An earnest, soul-searching talk about sex can be more satisfying than actually doing it. Not that one rules out the other.

Jack Fertig can be reached at 415-864-8302 or Starjack.com

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

—  Kevin Thomas

Cazwell headlines a full day of Razzle Dazzle today

Bedazzled

Once you recover from last night’s MetroBall, then you have a full day of Razzle Dazzle with today’s street festival. The day starts with the Sidewalk Sale and Fair where merchants once again offer discounts on your shopping excursions. The cool part will be the vintage auto show.About 50 autos from Classic Chassis Car Club will be parked along Cedar Springs Road until 4 p.m.

The night picks up when the Street Festival gets underway featuring live performances by Cheer Dallas, The Bright, Uptown Players, Chaz Marie, the Gary Floyd Trio and more. DJs Mickey Briggs and Tim Pfleuger provide dance music all night. All that will be highlighted by the return of Cazwell on the mainstage. And there is still all the goings-on in the bars and Midway of carnival games, a mechanical bull and an obstacle course. This could be like gay Wipeout.

DEETS: Cedar Springs Road and Throckmorton Streets. Sidewalk sale 10 a.m.–4 p.m., Street Festival 7 p.m.–1 a.m. Free. RazzleDazzleDallas.com.

—  Rich Lopez

Check out our new LGBT TweetRoll

You may have noticed that we’ve replaced our old BlogRoll with a Twitter-based application we’re calling our LGBT TweetRoll. You can find the LGBT TweetRoll over on the main page, to the right of Instant Tea and below More Headlines.

We think it’s pretty cool, and you don’t have to have a Twitter account to use it. If you see a headline that interests you in the LGBT TweetRoll, just click on the link and it will take you to the full story. You can scroll up and down in the LGBT TweetRoll using the arrows on the right, and view the most recent 25 posts. The LGBT TweetRoll will refresh each time you come back and even while you’re viewing the page.

For now the LBT TweetRoll is tracking (or following) about 15 LGBT blogs and organizations — from Towleroad to Resource Center Dallas —  but we’ll be adjusting it periodically and possibly adding other TweetRolls elsewhere on the site.

We hope you enjoy it, and feel free to let us know what you think in the comments.

 

—  John Wright

Sarah Jaffe and Bosque Brown tonight at the Wyly

Buzz surrounds local musician Sarah Jaffe, but she’s ready to move on

Going from playing smaller clubs like Dan’s Silverleaf and Club Dada, to selling out the Granada Theater last year, Sarah Jaffe’s star is on the rise. She gets a primo gig Saturday when she headlines at the Wyly Theatre in support of her 2010 full-length debut, Suburban Nature. After garnering attention for Nature locally and nationally (from the Dallas Observer to NPR), Jaffe wasn’t just a girl with a guitar — she unlocked yearning and pain with wisdom beyond her 25 years. Jaffe captures the poetry of life and love and sets it to music … even if she doesn’t mean to.

“I’ve never been a strategic writer and I’m thankful for that,” she says. “It comes out sporadically. There are those moment in life when I slow down and it’s just me being human and being alive and the writing is totally cathartic.”

Read the entire article here.

—  Rich Lopez

Hope for the future: Another youngster speaks up for LGBT equality

Malcolm and his letter

Back in November, 2009, then 10-year-old Will Phillips of West Fork, Ark., made headlines around the country when he refused to say the Pledge of Allegiance with the rest of his classmates because the pledge includes the phrase “with liberty and justice for all,” and Will knew that LGBT Americans aren’t really guaranteed that liberty and justice.

Now, a 7-year-old named Malcolm is speaking out for LGBT equality, and putting his money where his mouth is.

Recently, the Los Angeles Gay and Lesbian Center received an envelope containing a $70 donation and a hand-written note that read: “I am sending you this money because I don’t think it’s fair that gay people are not treated equally.” It was signed, “Malcolm.”

There was another note with the donation, this one from Malcolm’s mom. She explained that in an effort to help Malcolm learn the importance of helping improve the world around him, he had been given $140 to donate to the charity of his choice. And when Malcolm heard a story on the radio about LGBT people being mistreated, he got so upset that he decided he would donate his money to LGBT causes.

Malcolm chose to split his his $140, giving half to the LA Gay and Lesbian Center and the other half to the Human Rights Campaign.

We all know that nonprofits of all stripes always need money. But they — and all of us, in fact — also always need hope. Malcolm gave the Gay and Lesbian Center and the HRC both. And he gave hope to all of us.

—  admin

In a gay kinda honor of tonight’s lunar eclipse

While you watch the beginning of tonight’s lunar eclipse, keep in mind Irish boy band Westlife’s cover of the Bonnie Tyler classic “Total Eclipse of the Heart.” This was the only way I could really tie the celestial event to a gay tune. By that I mean Mark Feehily, right. The band never made it big in America, but they made headlines when Feehily came out back in 2005 to The Sun. He and his partner Kevin McDaid, who was in the Brit band V, announced their engagement in January of this year.

Back to tonight, it’s reported that the totality of tonight’s eclipse will start happening around 1:30 a.m. However, around 12:30 a.m., you will be able to see the beginning of the eclipse. As much as I’d like to put that astronomy class to good use, I think  I’ll wait for the video.

—  Rich Lopez

Laura Bush: It wasn’t my role to defend the gays

Laura Bush

Former first lady Laura Bush, who recently said she supports equality for same-sex couples, tells The Texas Tribune she didn’t speak out publicly about the issue while her husband was in office because she was not the elected official and it wasn’t her responsibility. In her recent book, Laura Bush said she asked George not to make gay marriage “a significant issue” and that she “could never have imagined what path this issue would take and where it would lead.” In the interview with the Tribune, she responds to criticism that she didn’t speak up publicly about the matter:

TT: … You found yourself back in the headlines not so long ago for taking positions on gay marriage and abortion that appeared to be at odds with your husband and with the GOP. What do you say to the critics who argue you had a responsibility to come forward sooner, or who suggest you maybe hid those opinions from view?

Bush: Well, I didn’t hide them from view. They were very well known from the first day George was elected, when Katie Couric asked me the question. I’m not elected. I was not elected. George is. He’s the one who’s elected. I was not the elected official. It was not my responsibility, I didn’t think, to speak out in ways to get in some sort of debate with him. I just didn’t see that as part of my role.

Apparently Bush still doesn’t see advocacy on behalf of the LGBT community as part of her role, because she ignored an invitation to attend Dallas’ gay Pride celebration this year. Meanwhile, despite her focus on education, Bush hasn’t said anything about the national teen bullying suicide crisis. Asked at the end of the TT interview about the governor’s race, Bush says, “Absolutely we’re supporting Gov. Perry.”

—  John Wright