Remembering John Lawrence, the man behind Lawrence v. Texas

Lawrence

John Lawrence and Tyrone Gardner

Metro Weekly reports that one-time Houstonian John Geddes Lawrence, the “Lawrence” in Lawrence v. Texas, passed away last month at the age of 68:

“In the facts underlying the Supreme Court case, Lawrence v. Texas, Lawrence and Tyron Garner were arrested under Texas’s Homosexual Conduct Law after police entered Lawrence’s home on Sept. 17, 1998, and saw them “engaging in a sexual act.” The couple challenged the law as unconstitutional”

I was 22 and living in Dallas in 2003 when the Supreme Court issued its opinion in Lawrence declaring Texas’ law against “homosexual conduct” unconstitutional. A group of over 100 people gathered in the parking lot of the Resource Center of Dallas as Dennis Coleman, then with Lambda Legal, read excerpts of the decision. I remember the exuberant electricity in the air, the crowd bubbling with joy and the relief of centuries of official oppression finally coming to an end. Similar get-togethers took place across the state, as an entire community breathing a collective sigh of relief.

That relief has turn to frustration over the years. Although the Supreme Court decision rendered Penal Code Section 21.06 unconstitutional, the law remains on the books, and efforts to remove it have met with significant resistance. During a hearing this spring on finally removing the unconstitutional law, Rep. Jose Aliseda, R – Pleasanton, lamented that repeal of the law would entail removing portions of the Health Code requiring that HIV education efforts include information that “homosexual conduct is not an acceptable lifestyle and is a criminal offense under Section 21.06, Penal Code.”

Before Lawrence several attempts were made to remove the law against “homosexual conduct.” The Texas legislature voted to remove it from the penal code as part of a complete rewrite of the code in 1971, but the measure was vetoed by Gov. Preston Smith. In 1973 the Legislature again undertook a rewrite of the code, keeping “homosexual conduct” a crime but making it a class C misdemeanor. In 1981 a U.S. District Court ruled in Baker v. Wade that the law was unconstitutional, but as that case was winding its way through an unusually torturous appeals process the Supreme Court ruled in Bowers v. Hardwick that a similar law in Georgia was constitutional, making the questions in Baker moot. Similarly, in the 90′s there was hope that Texas v. Morales might finally prevail in defeating the “homosexual conduct” prohibition, but the Texas Supreme Court decided that since, in their opinion, the law was rarely enforced, there was no reason for them to rule in the matter.

Lawrence’s legacy lives on in a scholarship named after him and Garner administered by the Houston GLBT Community Center. The scholarship “recognizes outstanding leadership shown by gay, lesbian, bisexual, and transgender Texas high school seniors and college
students by contributing to the cost of their continuing education. Selection is based upon character and need.” Tim Brookover, president of the community center, expressed sorrow at Lawrence’s passing “John was a hero, the community owes a great debt of gratitude to John and Tyrone for taking the case all the way to the Supreme Court,” said Brookover. “They could have easily allowed it to slip away, but they decided to stay and fight and that makes them heroes and role models.”

The application deadline for the John Lawrence/Tyrone Gardner Scholarship is March 2, 2012.

—  admin

“A Gathering — 30 Years of AIDS” tonight at the Winspear

Come together

The Dallas arts community is coming together for a spectacular One-Night-Only performance commemorating 30 Years of AIDS. An unprecedented collaboration between some of the finest arts organizations in Dallas, A Gathering: The Dallas Arts Community Reflects on 30 Years of AIDS will feature eleven Dallas cultural institutions coming together and sharing their talents to create a powerful evening of entertainment. With a cast of more than 200 singers, dancers and actors, A Gathering promises to be a soul-stirring performance, and a night to remember.

All the organizations involved are donating their time and talent for this unique performance. 100% of the proceeds will directly benefit four of Dallas’ leading AIDS service organizations. Don’t miss this rare opportunity to be a part of an extraordinary night of song, dance, hope and solidarity.

Participating organizations: AT&T Performing Arts Center, Booker T. Washington High School of the Performing and Visual Arts, Bruce Wood Dance Project, CharlieUniformTango, Dallas Black Dance Theatre, Dallas Opera, Dallas Theater Center, SMU Meadows School of the Arts, Texas Ballet Theater, TITAS and Turtle Creek Chorale

—AT&T Performing Arts Center

DEETS: Winspear Opera House, 2403 Flora St. 7 p.m. $12–$100. ATTPAC.org/Gathering

—  Rich Lopez

25 ways to fight AIDS

Today, December 1, is World AIDS Day.

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

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

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

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

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

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

21. Post HIV/AIDS stories to facebook.

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

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

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

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

16. Say AIDS out loud.

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

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

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

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

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

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

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

8. Wear a red ribbon.

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

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

5. Get angry.

4. Get over your anger.

3. Donate to an HIV/AIDS Charity.

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

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

—  admin

Chronicle blogger blames ‘It Gets Better” project for LGBT teen suicides

Kathleen McKinley

Kathleen McKinley

Kathy McKinley is a self-described “conservative activist” who blogs for the Houston Chronicle under the monicker “TexasSparkle.” In a recent post McKinley took the “It Gets Better” project to task for what she believes is their culpability in the suicides of LGBT teens:

“These kids were sold a bill of goods by people who thought they were being kind. The “It will get better” campaign just didn’t think it through. They didn’t think about the fact that kids are different from adults. They handle things differently. They react differently. Why? BECAUSE THEY ARE KIDS. You can grumble all day long how unfair it is that straight teens can be straight in high school, and gay kids can’t, but life is unfair. Isn’t the price they are paying too high?? Is it so much to ask them to stand at the door of adulthood before they “come out” publically? Because it may save their life.”

McKinnley’s primary confusion about the “It Gets Better” campaign (other than its name) is the assumption that the goal is to encourage teens to come out of the closet, or encourage them to become sexually active:

“Why in the world would you give teenagers a REASON to tease you? Oh, yes, because the adults tell you to embrace who you are, the only problem? Kids that age are just discovering who they are. They really have no idea yet. The adults tell you to “come out,” when what we should be telling them is that sex is for adults, and there is plenty of time for figuring out that later.”

I would like to encourage Ms. McKinley to watch the “It Gets Better” project’s founder Dan Savages’ video. Please, Ms. McKinley, listen, and tell me if you hear Savage or his partner Terry say anything about teens coming out or having sex. I think what you’ll hear them say is that all of the things that most kids, gay and straight, dream of (falling in love, starting a family, having the support of their parents, co-workers and friends) are possible for LGBT teens. I think you’ll hear them talk about how difficult their teen years were, and about the fears they had that their parents would reject them, that they’d never find success and that they’d always be alone.

Choosing to have sex is one of the most personal decision a person will ever make. For LGBT people, choosing to come out is another. I have not watched all of the thousands of videos from people who have participated in the “It Gets Better” project. It’s possible that there are a few that tell kids to come out right away, or to become sexually active, but I doubt it.

Every video in the project that I have seen has had the same simple message: that the person making it understands how tortuously awful the experience of being Lesbian, Gay, Bisexual or Transgender in Junior and High School can be, but there is a wonderful world of loving, vibrant, successful, engaged LGBT adults out there and if queer teens can just hang on, just for a few years, they can join it. I doubt that any of the contributors to the project think that hanging on for a few years will be easy. I suspect that most of them remember, with excruciating clarity, contemplating ending those temporary years of terror with a permanent solution and that is why they choose to reach out.

I grew up without role models, where people like Barbara Gittings, Bayard Rustin and Harvey Milk didn’t exist . I grew up in a small town where the two men with the pink house were talked about in hushed tones that immediately fell silent when I walked into the room, because it wasn’t appropriate for children’s ears. I grew up in a world where my mother wouldn’t tell me what “gay” meant, where the evening news was turned off if it reported on the AIDS crisis, where I wasn’t given words to describe who I was, and so the only word I could find was “alone.”

I was lucky. My suicide attempt failed.

I was lucky, I survived, and went to college, and found a church that embraced and loved LGBT people. That’s where I met doctors and lawyers and business owners and teachers who were like me. That’s where I met two wonderful women who had built a life together for over 50 years. That’s where I discovered I wasn’t alone and that being gay didn’t mean that i couldn’t have all of those things I’d dreamed of.

That is what McKinley missed in her blog post. In her haste to lay blame on anything other than the overwhelming prejudice perpetuated by schools, churches and governments against LGBT people McKinley missed the fact that kids need role models. In her rush to shove queer teens back into the closet she forgot that human beings need the hope of a better world, lest they give up in despair.

McKinley got one thing right in her post. She titled it “Are Adults Also To Blame For Gay Teen Suicides? Yes.” Adults are to blame for LGBT teen suicides. When adults hide the stunning diversity of God’s creation from their children they create a vision of reality that some of those children can’t see themselves in. When adults tell LGBT teens that they should be invisible then it is all too clear who is to blame when those teens believe them, and take steps to make themselves invisible permanently.

To all the LGBT kids out there: it does get better. There are adults who care about you and want all the wonderful things you dream of to come true, but you have to hang on. If you need to keep who are secret to remain safe then do so. If you need someone to talk to please call the Trevor Project at 866-4-U-Trevor (866-488-7386).

—  admin

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

Good Christian belle

Gay ally Kristin Chenoweth talks about her new country music CD (she adores Dolly!), queers … and the right way to be a Christian

THE GOSPEL ACCORDING TO KRISTIN | The performer has conquered stage, recording, TV … and uniting gay rights with her faith.

Kristin Chenoweth doesn’t get miffed very easily. But when she does, watch out. Last year, after Newsweek published a commentary on the inability of gay actors to play straight roles, she wrote an extensive letter to the magazine, calling the article “horrendously homophobic.”

But Chenoweth’s allegiance to the gay community goes back to growing up in Oklahoma — a place she returned to for her latest album, Some Lessons Learned, the first of four where the opera-trainer singer fully embraces her country roots.

We had lots to talk about when we caught up with Chenoweth, on a dinner break from shooting her upcoming series, Good Christian Belles. She discussed her history of dating gay men, her opinion on Michele Bachmann’s support of gay conversion clinics … and being a little bit wicked.

— Chris Azzopardi

………………………..

Dallas Voice: Your character’s name on Good Christian Belles is Cockburn — Carlene Cockburn. Chenoweth: I can’t wait for my family to hear that one. Are you kidding? I was like, “Wait a minute…!” But I just think the most important thing for me as an actress, because of the lines that come out of my mouth, is to just have to speak them and keep going, because they’re so funny and her name is so funny and the whole thing is just so great. I love it.

Does your character have anything in common with April Rhodes, who you play on Glee? Probably not on paper, but they’re both pretty outlandish people. Carlene, though, is the antithesis of April.

You grew up in Oklahoma, so country music is your roots. How is your new album a reflection of that? It’s so funny, because I get asked, “Why a country album now?” But that’s how it all began for me. Of course, why would anyone know that? It’s not something I’ve been talking about a lot, but it’s the music I grew up listening to. One of my biggest influences is Dolly Parton, and when you look at the history of songs in musical theater and in country, they’re both usually great storytellers.

I know just how lucky I am to do this kind of music. Getting to go to Nashville and sing this music that feels like home to me was a real gift, and one that I don’t take lightly.

The song “What Would Dolly Do?” reminds me a lot of Dolly herself. I co-wrote that. [Producer] Bob Ezrin asked, “Who’s had the biggest influence on you country music-wise?” I said, “Dolly, without question.” And he said, “How would she approach it? Let’s think: What would Dolly do?” I said, “Bob, why aren’t we writing that song?”

There’s something about her that I feel very attuned to. There’s only one Dolly. I’m not comparing myself, but I’m just saying her spirit and the way she looks at life is pretty similar to me. And the cover I did of hers [“Change”] is actually a very emotional thing and it reminded me — of course, how could I ever forget? — what an amazing songwriter she is. You know, I didn’t do a lot of covers. I did two covers, one of Carrie [Underwood] and one of Dolly’s, and I just love both of them. I love their music, I love their spirit — everything they stand for.

It makes total sense, because, to me, both you and Dolly epitomize happiness. Oh my god, thank you. That’s the biggest compliment you could give me.

So, being so happy… what pisses you off? Oh, gosh! I don’t really get mad that often. But I’m not going to lie: When I do, there’s a quiet that comes over me that is a little like whoa, and that happens when I don’t feel other people are prepared or doing their job or pulling their weight. I come from a family where my dad came from nothing and worked hard to get where he is, and he said, “Work hard, play hard, Kris,” and I guess that’s kind of been my motto in life. So when I see people squandering opportunities or having a sense of entitlement, that really makes me crazy. Because I don’t understand it. It’s not a world I get.

One thing that does make you upset is homophobic people. I don’t like that, you’re right.

Your letter in response to that Newsweek column said it all. Why was it important to address your feelings on that issue? To be honest, I wasn’t prepared for what was going to happen. I was on Broadway doing Promises, Promises, and I read the article and I actually thought it was pretty irresponsible. I’m not even talking about whether a person agrees with being gay or not, I’m talking about artistry and gay

actors trying to play straight. It just made me mad, because I thought, “Well, I’ve played a prostitute, does that mean I am one? No.” I just thought it was a little bit of a bullying thing, and I honestly prayed about it — no kidding, I prayed about it.

And by the way, I’m a big fan of the magazine, which is why I was so bummed. But I think that they felt bad and hopefully there’s been some discussion about it and some learning, because that’s what we’re here to do on this Earth, to learn our purpose. Well, one of my purposes in this life — since I’m a believer and a Christian — is to help people realize that not every Christian thinks that being gay is a sin.

To reinforce your point, you made out with your Promises, Promises co-star Sean Hayes at the Tonys last year. It might’ve been a little jibe. It might’ve been a little one! Ha!

What was it like to make out with a gay man? Was that your first time? Well, let’s face it, my high school boyfriend is gay, so I don’t think it’s my first time making out with gay men! I bet a lot of women don’t even know they’ve done it! And Sean Hayes is just a darn good kisser, what can I say?

Wait, so you dated a gay man in high school? Yeah, and I’m like, “Well, that’s why we were such a great couple!” He didn’t pleasure me in any way but he helped me pick out my prom dress!

Was he one of the first gay people you knew in Oklahoma? Yeah. I want to tell you something I know about myself: When I was in the second or third grade, I first heard the word “dyke,” and it was in reference to a girl in our school who was very, very tomboyish. I didn’t really understand what the word was, but I knew I didn’t like the way it was said. And for some reason I’ve always been drawn to the person that was alone, and I don’t mean to make me sound like I’m Mother Teresa, because I’m not. But I’ve always been drawn to people who felt left out or different, and maybe it’s because, I too, felt different and unique. People would not think this of me, because there’s this perception of me that, “Oh, life’s been perfect and things have come so easily.”

But let’s face it: My speaking voice is very interesting. Yes, I was a cheerleader but I also wanted to do all the plays, I was in renaissance choir, and, I too, felt a little bit like an outsider. I was always drawn to people who felt that way, too. And sure, some of them were gay and I never did understand — I guess the word is fear.

God made us all equal. He made me short, he made someone gay, he made someone tall — whatever it is, it’s not a sin; it’s how we’re made. And that’s the way I feel about it. It flies in the face of a lot of what Christians believe, but as I’m finding out there’s a lot of Christian people who think the same as me. So that’s my deal, and I think we should not be careful of the unknown but rather accepting and loving of it.

As someone who’s Christian and supports the gay community, how do you feel about the pray-away-the-gay program that Michele Bachmann supports? [Long pause] You know what, you can have your opinion. One of the great things about being in this country is we get to freely say what we believe. I just don’t happen to agree with that. Though I like the “pray” part!

This article appeared in the Dallas Voice print edition September 16, 2011.

—  Michael Stephens

Los Lobos tonight at the Winspear

Latin legends grace Dallas

After 34 years, the iconic three-time Grammy winners, Los Lobos continues to top the charts with inventive and inspiring hit music.

Los Lobos was formed in 1974 by David Hidalgo, Conrad Lozano, Louie Prez and Cesar Rosas, four friends from Garfield High School in East Los Angeles. Though they started out as a rock-and-roll band, they soon chose a more traditional Mexican acoustic style. In time, the band adopted music from Tex-Mex, country, folk, R&B and blues, as well as the traditional Mexican songs from their roots. The band has won Grammys for its 1988 Spanish-language album, and for its contribution to the film Desperado. They have collaborated with artists such as Dave Alvin, Ruben Blades, Elvis Costello, Little Willie G, Mavis Staples, Richard Thompson, Bobby Womack and Tom Waits.

Wildly popular, talented and fun, the Los Lobos invites you to the ultimate Deiz y Seis celebration.

(from TITAS.org)

DEETS: Winspear Opera House, 2403 Flora St. 8 p.m. $12–$125. TITAS.org.

—  Rich Lopez

Teacher accuses TC College of discrimination

Gill says English Department chair at Northeast Campus told her the state and the school ‘do not like homosexuals’

Jacqueline “Jackie” Gill
Jacqueline “Jackie” Gill

TAMMYE NASH  |  Senior Editor
nash@dallasvoice.com

HURST — Jacqueline “Jackie” Gill filed suit Wednesday, Sept. 7, against a professor and a dean at Northeast Campus of Tarrant County College in Hurst, claiming that she was denied the opportunity to apply for a permanent, full- time teaching position there because of the English Department chair’s bias against what he perceived her sexual orientation to be.

Tarrant County College adopted a nondiscrimination policy prohibiting discrimination based on sexual orientation on March 9 of this year.

Frank Griffis, director of public relations and marketing for Tarrant County College, said it “would not be appropriate” for school officials to comment on pending litigation. He also said school officials had not yet been served with papers and therefore had not read the complaint.

Gill said she had worked as a full-time temporary English professor for about a year at the Northeast Campus. But when the position was to be made permanent, English Department Chair Eric Devlin refused to allow her to apply for the permanent position.

Gill said when she complained about Devlin to Northeast Campus Humanities Division Dean Antonio R. Howell, he initially seemed to side with her, but after speaking to Devlin, Howell refused to communicate further with her. Gill said although she is a lesbian and has never tried to hide that fact, she had never talked about her orientation with Devlin or anyone else at the school.

Both Devlin and Howell are named as co-defendants in the lawsuit.

Gill is represented in the lawsuit by Lambda Legal South Central Region staff attorney Ken Upton, joined by pro bono counsel Benjamin D. Williams from the law firm of Gibson, Dunn and Crutcher.

Gill and Upton held a press conference Wednesday to announce that the lawsuit had been filed earlier that morning in U.S. district court in Fort Worth. The press conference was held at a Hurst hotel located just a few blocks from the Tarrant County College campus where Gill had taught.

According to the complaint filed Wednesday, and statements Gill made during the press conference, Gill was first hired on a full time, temporary basis as an English professor on Aug. 21, 2009. A little more than a month later, at the end of October, a female “dual-enrollment” student — a high school student who was also taking college classes — in Gill’s distance learning class cheated by stealing an exam and skipped some classes.

The student’s high school counselor told Gill that the student has a history of disruptive behavior, and when the student dropped the class, Gill was told the situation was closed.

On Nov. 9, however, Devlin called Gill into his office and told her the student had accused Gill of “flirting” with female students. Gill denied the accusations, noting that there was always another teacher in the class at the same time.

That’s when Devlin responded with “a lengthy diatribe about homosexuals and how the Texas public views them,” according to the complaint. Gill said Devlin went on to say that Texas is a conservative state and TCC is a conservative school, and that “Texas and Tarrant County College do not like homosexuals.”

Gill continued to teach at TCC, receiving high praise and compliments from students and staff alike, including from Devlin. Then in May 2010, she and other full-time temporary professors were told by Howell that all seven temporary full- time positions were being made permanent, and that they were being re-designated as adjunct faculty until the permanent positions were filled.

Gill said Howell also encouraged her and the other temporary professors to apply for the permanent jobs. Gill applied for all seven but was the only one of the seven temporary professors not hired for the permanent positions. Gill said that she was, in fact, not even allowed to interview for any of the positions, even though her experience and credentials were as good as or better than those who were hired.

Gill said she met with Howell and told him about Devlin’s anti-gay comments and refusal to allow her to interview for the permanent positions. She said Howell promised her to discuss the situation with Devlin immediately, but that he never got back in touch with her.

She said she also got no response when she tried to discuss the situation with the vice president and president of Tarrant County College.

Gill continued to teach as an adjunct professor at the campus through December 2010, although, she said, Devlin’s attitude toward her became “even more hostile.”

And she said that although she was originally assigned classes for the 2011 spring term, as she was preparing for those classes she discovered she had been removed as the professor. When she inquired about the status of the class, Gill said, she was told that Devlin had specifically instructed that those classes be taken away from her.

Upton said that Devlin and Howell violated the equal protection clause of the U.S. Constitution by refusing to allow Gill to apply for the permanent teaching position. He said Gill’s suit is asking that she be allowed to complete the application process and that she be compensated for the time she has been unemployed.

Gill, who is a Ph.D. candidate at the University of Texas at Arlington, said she would love to get a teaching job with TCC, and while she would prefer to work at another campus, she is willing to go back to the Northeast Campus and work again in Devlin’s department.

“I worked hard. I earned it,” Gill said of the permanent position. “I have nothing to be ashamed of. If it [her working in Devlin’s department again] would be awkward for anyone, I think it would be awkward for him [Devlin] because he is the one who was in the wrong.”

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

—  Michael Stephens

DEATH: Paul David Tomko

Paul David Tomko, 41, of Dallas died on Aug. 19.

He was born in El Paso and graduated from Irvin High School and University of Texas in El Paso.

Tomko had lived in Dallas for the past 10 years. He worked as a senior IBM consultant, and previously had worked as a project manager at CPM, and before that worked at White Sands Missile Range.

Tomko was preceded in death by his mother, Dorothy Tomko.

He is survived by his father, Donald Tomko; brothers, Jackie Tomko, Donald Tomko Jr., DwayneTomko and Jammye Tomko; nieces, Megan Tomko and Samantha Tomko; and many aunts, uncles and friends.

A memorial service will be held Saturday, Aug. 27 at 11 a.m. at North Dallas Funeral Home, 2710 Valley View Lane.

Tomko was a frequent donor to AIDS Inerfaith Network, Resource Center Dallas and Genesis Women’s Shelter and donations in his memory can be made to any of these organizations.

—  John Wright

Today's Oprah features the 'high school quarterback who became a lesbian'

Paul McKerrow is now Kimberly Reed.
Paul McKerrow is now Kimberly Reed.

If you’re heading home early due to the weather, catch today’s Oprah as she features this story.

Star quarterback, class president and an all-American guy. And then, Paul became Kimberly. Cameras follow her back to the football field to her high school reunion.

Although, am I wrong in feeling the title of the show (as in the headline here) reads a little off?

Oprah airs locally at 4 p.m. on Channel 8 and rebroadcasts at 8 p.m. on Channel 52.

—  Rich Lopez