Business Briefs: AssociaTitle names Mark Sadlek director of business development

AssociaTitle names Mark Sadlek director of business development

Mark Sadlek

AssociaTitle announced it appointed Mark J. Sadlek director of business development at its corporate headquarters in the heart of Uptown Dallas at Crescent Court.

“We are thrilled to be adding Mark Sadlek to the AssociaTitle team,” said AssociaTitle President Paul Reyes. “He is a seasoned real estate professional in the Dallas area with a track record of proven success and will serve both our clients and our company well.”

Sadlek joins AssociaTitle from Republic Title of Texas, where he served as vice president of business development and director of coaching services. He worked to build and promote the company externally with Realtors, developers and lenders. His focus also included business coaching and training.

He has also served as vice president of business development for American Title and as home mortgage consultant for Shelter Mortgage & Wells Fargo Home Mortgage. Previous to his work in the North Dallas real estate industry, Sadlek worked in marketing and sales for almost 20 years and was intimately involved in the start-up of two companies, VerCeram and Velux-America.

For the past nine years, Sadlek has worked in the North Dallas real estate industry, building positive relationships with local Realtors and lenders. He was awarded the 2010 Affiliate of the Year Award from MetroTex Association of Realtors, served on the MetroTex Board as an affiliate appointee board member, and chaired the Affiliate Forum Committee of MetroTex.

He was a co-founder and co-chair of Leadership Lambda Inc., an LGBT leadership development organization. He was also a board member of Design Industries Foundation Fighting AIDS (DIFFA) and has chaired the Heart Strings Fundraiser at the Majestic Theatre. Additionally, Sadlek served on the Board of Governors for the Human Rights Campaign, as well as a co-chair of the Dallas-Fort Worth Federal Club.

Ernst & Young Announces Gross Up for Jan. 1

On Jan. 1, Ernst & Young joined more than 30 major U.S. employers that are equalizing the pay for gay and lesbian employees by covering the cost of state and federal taxes for domestic partners.

Employees enrolled in domestic partner benefits incur additional taxes as the value of those benefits is treated as taxable income under federal law, while the value of opposite-sex spousal benefits is not.

Federal law treats domestic partner benefits differently from federally-recognized spousal benefits.

—  David Taffet

AIDS housing funding survives challenge in Houston city council

Helena Brown

The city funding for four Houston nonprofits providing housing to at-risk populations living with HIV/AIDS survived a challenge from city council member Helena Brown last Wednesday. Under consideration by the council were ordinances to dispense almost $2.5 million in federal funds managed by the city to the SRO Housing Corporation, Bering Omega Community Services, Catholic Charities and SEARCH Homeless services.

Brown initially used a parliamentary procedure known as a “tag” to delay the funding for the Houston SRO Housing Corporation and Bering Omega. Any council member may tag an item under consideration, delaying the vote on the item for one week. Brown explained that she objected to government funding of charitable entities:

“I spoke last week on this very issue on grant funds and the idea that we are, you know, fighting with other entities and other governments for grant funds that really isn’t there. The federal government is in a worse condition than the city of Houston and to continue to try to milk the system where there’s no milk, is just, I mean, we’re fighting with our brothers, as I said last week, to get credit for who is going to push a friend over the cliff… We need to continue to look at the private sector and the business sector. Because even, I attended this event where this wonderful speaker was talking about the generosity of Americans and 80% of donations to nonprofits come from private individuals, not even corporations, and we need to continue to rely on that right now because the government right now, we’re broke – we need to face that reality.”

Other council members spoke passionately of the need for continued funding, arguing that by assisting people living with HIV/AIDS in achieving independence, particularly those who are homeless or at risk of homelessness,  the programs added to the tax based and help insure long-term stability.

“We don’t live in a perfect a world,” said freshman council member Mike Laster (the first out gay man to serve on the Houston City Council). “These organizations do their very best to raise money to care for the people among us, but they still need to reach out to entities that have that kind of capital, and by the grace of God this city and this government as an entity has some of that capitol, and I’m very proud that we’re able to provide those kind of services to some of my community members.”

Council member Wanda Adams, who serves as chair of the council’s Housing and Community Development Committee, also spoke in favor of continuing funding. Council member Ellen Cohen, whose district contains both SRO Housing and Bering Omega, spoke of how her life had personally been touched by AIDS:

“One of the first young men to pass away in New York City was a cousin of mine of something [then] called a very rare form on pneumonia… which we now realize was not. So I understand the need for these kinds of services. On a personal note I worked with Bering and I know all the fine work that they do, I’m addressing all the items but I’m particularly addressing [the Bering Omega funding] and feel it’s absolutely critical that we provide the kind of funding items, and that we are, in fact, our brother’s and our sister’s keepers.

After Laster asked Mayor Annise Parker the procedure for overriding a tag Brown removed her tag, but raised a new concern about HIV/AIDS housing, saying that her office had requested a list of the owners of apartment units where those receiving rental assistance lived. City Attorney David Feldman explained to Brown that federal law prohibits making public information that could be used to identify people receiving assistance through the housing program. Feldman said that, in his legal opinion, revealing the names of the owners of the apartments would violate federal law. Brown said that she was concerned that their might be a “conflict of interest” with apartment owners that needed to be investigated, claiming that as the reason for her tag.

Brown eventually removed her tag, rather than have it overturned. All four ordinances providing funding passed with only Brown voting “nay.”

—  admin

Measure would ban anti-LGBT discrimination in Houston

Charter amendment could also allow DP benefits for city workers

DANIEL WILLIAMS  |  Contributing Writer

HOUSTON — Long-brewing plans to place a city-wide non-discrimination policy before Houston voters became public this week.

Since December a coalition of organizations and leaders have been working to draft a city charter amendment that would make it illegal to discriminate in housing, employment or public accommodations on the basis of  “age, race, color, creed, religion, national origin, ancestry, disability, marital status, gender, gender identity or expression, sexual orientation, or physical characteristic.”

The amendment would also remove anti-LGBT language added to the Houston city charter in 1985 and 2001 — which could allow the City Council to vote to offer health benefits to the domestic partners of municipal employees.

Houston Mayor Annise Parker, who famously became the only out LGBT person elected mayor of a major American city in 2009, has declined to comment on the proposed charter amendment until the language is finalized. She told the Houston Chronicle: “I believe it’s important for the city of Houston to send a signal to the world that we welcome everybody and that we treat everybody equally, and depending on the elements of what was actually in it, I might or might not support it,”

According to Equality Texas Executive Director Dennis Coleman, the prospect of Houston voters approving the non-discrimination amendment has ramifications for efforts to pass similar measures in the state Legislature.

“Nondiscrimination in Houston builds a better case for us when we go for nondiscrimination in Austin,” said Coleman. “To be able to tell representatives that they represent areas that already support these efforts is very helpful.”

The cities of Austin, Dallas and Fort Worth all already have similar nondiscrimination ordinances and offer DP benefits to employees.

But Houston’s form of governance makes this effort unique. While the City Council is empowered to pass city ordinances covering issues of discrimination, they can be overturned by popular vote if those opposing the ordinance collect 20,000 signatures to place the issue on the ballot.

That was the case in 1985 after Houston Mayor Kathy Whitmire pushed through the council the city’s first protections for gay and lesbian Houstonians (no protections were provided for the bisexual or transgender communities).

A coalition of right-wing voters led by Louie Welch, then president of the Houston Chamber of Commerce, was able to place the issue on a city-wide ballot, claiming the policy “promoted the homosexual lifestyle.” The group also recruited a “straight slate” of candidates to run against City Council members who had favored the protections, with Welch running against Whitmire.

The public vote on nondiscrimination was held in June 1985 and Welch’s forces prevailed, but the city’s temperament had changed by the time of the City Council and mayoral races in November. A comment of Welch’s that the solution to the AIDS crisis was to “shoot the queers” was aired on local TV and few in Houston wished to be associated with him after that. The “straight slate” failed to capture a single City Council seat and Whitmire remained mayor, but the defeat of the city’s nondiscrimination policy remained.

By 1998 Houston had changed: Annise Parker was serving as the city’s first out lesbian city council member and Houston boasted the state’s first out gay judge, John Paul Barnich. Mayor Lee Brown, sensing the change, issued an executive order protecting LGBT city employees from employment discrimination. But the city had not changed that much. Councilman Rob Todd led efforts to fight the order in court, arguing that since voters rejected city-wide protections from discrimination in 1985, it was inappropriate for the mayor to institute them without voter approval. The city spent the next three years defending the policy in court, finally emerging victorious.

The joy of that 2001 victory would be shortlived, however. That year Houston’s voters approved another amendment to the city charter, this time prohibiting the city from providing domestic partner benefits for city employees. In a narrow defeat, just over 51 percent of voters decided that the city should not offer competitive benefits.

The current proposed non-discrimination amendment would remove the language added in 1985 and 2001. While it would provide non-discrimination protections it would not require the city to offer benefits of any kind to the spouses of LGBT city employees, leaving that question back in the hands of the City Council.

The organizers of the current effort are confident that this year is the year for victory.

Noel Freeman, the president of the Houston GLBT Political Caucus, which is spearheading the effort, explains that the previous votes occurred in “non-presidential years,”when voter turnout in general is low, and conservative voters make up a larger percentage of the electorate.

Additionally, polling by Equality Texas in 2010 showed that 80 percent of Houstonians support employment protections for gay and lesbian people.

In order to place the non-discrimination amendment on the November ballot the coalition supporting it will need to collect 20,000 signatures of registered Houston voters and submit them to the city clerk. Freeman says that the final charter amendment language is still under consideration and that once it is finalized the group will begin collecting signatures.

Even former Councilman Todd, who once fought the city’s policy of non-discrimination for LGBT employees, supports the current effort.

This article appeared in the Dallas Voice print edition February 17, 2012.

—  Michael Stephens

“Defining Marriage: A Debate!” at U of H tomorrow

Dr. Jennifer Roback Morse

Dr. Jennifer Roback Morse

One day we will get to the point where an University inviting guests to debate marriage equality will be greeted with the same scorn that an on-campus debate on women’s suffrage or whether or not African-Americans are 3/5 of a person would engender, but that day is not today. Just in time for the expected U.S. Court of Appeals for the Ninth Circuit ruling on Prop. 8  tomorrow, Feb. 7, the Federalist Society and Outlaw at the University of Houston present “Defining Marriage: A Debate!” at noon in the Bates Law Building room 109.

Dr. Jennifer Roback Morse, founder of the Ruth Institute, a project of the National Organization for Marriage, will be on hand to defend the continued prohibition against marriage equality. Mitchell Katine, who served as local counsel in Lawrence v. Texas (the Supreme Court case declaring Texas’ law against “homosexual conduct” unconstitutional) will defend marriage as a civil right, constitutionally guaranteed by equal protection under the law.

As a bonus the first 70 attendees to arrive will receive a free Chick-Fil-A sandwich and waffle fries, because we like our civil rights debated with a side of irony.

After the jump get a sneak peak at the kind of keen logical arguments to be expected from Dr. Morse:

—  admin

Five queer alternatives to the Super Bowl

Yes, Yes… I know… plenty of gay men enjoy football, are fans even, and there are lots of LBT fans as well, but if you’re like me you greet all the hoopla over the Super Bowl with a resounding “meh.”

So if you’re looking for a way to avoid a (morning) afternoon (and evening (seriously, how long are football games supposed to be?)) of indecipherable sports jargon, over-hyped commercials and disproportionate passion for the accomplishment of moving dead pig parts 300 feet here are some alternatives with a decidedly queer bent you might enjoy (don’t worry, you can Tivo Madonna’s half time show):

1. ¡Women Art Revolution at The Museum of Fine Arts

Starting from its roots in 1960s in antiwar and civil rights protests, the film ¡Women Art Revolution details major developments in women’s art through the 1970s. The Contemporary Arts Museum of Houston presents this documentary at 5 pm on Sunday at the The Museum of Fine Arts’ Brown Auditorium Theater (1001 Bissonnet). Artist Lynn Randolph and U of H art history professor Jenni Sorkin will be on hand to provide insight into the film

!W.A.R. features Miranda July, The Guerilla Girls, Yvonne Rainer, Judy Chicago, Yoko Ono, Cindy Sherman, and countless other groundbreaking figures. Tickets are $7 and are available at mfah.org.

2. The Rape of Lucrecia at Houston Grand Opera

Written by gay composer Benjamin Britten and scored by Ronald Duncan, The Rape of Lucrecia is set during the decline of the Roman Empire. When a group of soldiers unexpectedly returns home to Rome they find that their wives have all been unfaithful, with the excpection of Collatinus’ wife Lucretia. Later that night the king’s son, Prince Tarquinius, accepts a drunken dare to seduce Lucretia. After she rebuffs his advances Tarquinius forces himself on her spurring Collatinus to rebellion against the king.

The dialogue of the Opera (which is in English by the way) is punctuated by two choruses, one male and one female, who engage the audience in the emotional responses of the male and female characters respectively.

The Rape of Lucretia plays at the Houston Grand Opera (510 Preston) at 2 pm on Sunday. Tickets start at $38 and may be purchased at HoustonGrandOpera.org.

4. The Drunken City at the Rice University, Department of Visual and Dramatic Arts

“The city’s like a monster, like a sleeping dragon or some dark creature in the night that cracks open an eye, and whispers dark dangerous dark ideas into your ear.”

The Drunken City is populated by thoroughly unpleasant people, the kind of loud sequin-wearing party girls who can immediately turn a hip bar passe and the men who hunt them. Marnie, the alpha-female and soon-to-be bride, has taken her co-worker bridesmaids out on the town for a ladies night. Seriously inebriated, they soon run into Frank and Eddie. Frank quickly takes a shine to Marnie, despite her girlfriends objections. Eddie, on the other hand, isn’t interested in any of the girls but seems to know their shared boss quite well (if you catch my drift). The play is sprinkled through with warnings about human desire and the dangers of consumption.

The Drunken City is presented by the Rice University College of Visual and Dramatic Arts at Hamman Hall on the Rice Campus (6100 Main) at 3 pm. Tickets are $10 and are available at the door or by calling 713-348-PLAY .

Steve Bullitt as Hay and Mitchell Greco as Gernreich

4. The Temperamentals at Barnvelder Movement/Arts Complex

The off-Broadway hit The Temperamentals, by Jon Marans, explores the events surrounding the founding of the Mattachine Society, one of the first “gay rights” groups in America (although the Society for Human Rights has it beat by a quarter of a century). The story centers on Harry Hay (Steve Bullitt), a communist and Progressive Party activist and his lover Rudi Gerneich (Mitchell Greco), a Viennese refuge and costume designer. Set in the early 1950′s in Los Angeles, the play is an intimate portrayal of two men who created history and the epic struggle they overcame.

Sunday’s curtain for the Celebration Theater produced play is at 3 pm at the Barnvelder Movement/Arts Complex. Tickets are $30 and may be purchased at buy.ticketstothecity.com.

5. Closing Night of Bring It On: The Musical at Theater Under the Stars

Bring It On: The Musical finishes up its run at the Hobby Center for the Performing Arts (800 Bagby Suite 300) on Sunday. Theater Under the Stars (TUTS) presents this musical re-imagining of the 2000 film with a matinee at 2 pm and an evening showing at 7 pm.

Two rival cheer-leading squads are out for the national championship, and neither is going to give up without a fight. The ensemble for the show features some of the nation’s most skilled competitive cheerleaders led by Taylor Louderman and Adrienne Warren as the leaders of the rival squads.

Tickets start at $24 and are available on-line at TUTS.com, by phone at (713) 558-TUTS (8887), or in person at the Theatre Under The Stars Box Office (800 Bagby).

—  admin

Say cheers to “Bring It On:The Musical” with OUT@TUTS

Bring It On: The Musical is currently showing at the Hobby Center for the Performing Arts (800 Bagby Suite 300) through Feb 5. Theater Under the Stars (TUTS) presents this musical re-imagining of the 2000 film. Two rival cheer-leading squads are out for the national championship, and neither is going to give up without a fight.

Tomorrow night, January 26, join OUT@TUTSfor a post-show, cabaret-style event at Artista Restaurant (800 Bagby Suite 400) for TUTS’ LGBT friends. Open to both season and single ticket holders the event includes free bites and happy hour drink specials – a great opportunity to party and mingle with cast members and other musical theater lovers.

The ensemble for the show features some of the nation’s most skilled competitive cheerleaders led by Taylor Louderman and Adrienne Warren as the leaders of the rival squads.

Tickets start at $24 and are available on-line at TUTS.com, by phone at (713) 558-TUTS (8887), or in person at the Theatre Under The Stars Box Office (800 Bagby).

After the jump get a sneak peak of the energetic cast of Bring It On: The Musical.

—  admin

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

Al Franken asks public for help passing Student Non-Discrimination Act

Sen. Al Franken

Sen. Al Franken

Sen. Al Franken, D – Minnesota, is asking the public for help passing S. 555, The Student Non-Discrimination Act, a bill that would prohibit discrimination against public school students on the basis of sexual orientation or gender identity. Under the provisions of S. 555 students who experienced discrimination because of their real or perceived sexual orientation or because of their association with LGBT people could bring a civil suit against the school officials or districts responsible for the discrimination. The bill currently has 34 co-sponsors (none from Texas) and its House companion (H.R. 998 by Rep. Jared Polis, D – Colorado) has 150 (with 7 Texan co-sponsors including Houston’s own Sheila Jackson Lee and Al Green) . Both bills have been referred to committee but neither has received a hearing, a crucial step towards becoming law.

In the video requesting the public call their Senators (after the break) Franken points out that federal law already provides protection for school children harassed because of race, color, sex, religion, disability, and national origin, but that no protection exists for sexual orientation or gender identity.

The inclusion of “association” in S. 555 is particularly well thought out. According to the Williams Institute nearly 1 in 5 same-sex couples in the United States is raising children, in Harris County 18% of same-sex couples are.  As these children enter school it’s important that they be able to receive an education without harassment or bullying due to who their parents are.

Franken is asking people to call the Senate switchboard at 202-224-3121 and encourage their Senator’s to support the bill.

—  admin

BACH for the holidays …. and beyond

Volunteer Wanda Brown helps get ready for the Breakfast at Cathedral of Hope on Chirstmas Eve

I have been out of the office, on vacation, since Dec. 22, and when I got back to work today and started wading through the thousands of emails in my inbox, I found one from Hank Henley, asking if we could include some information in Dallas Voice about BACH, the weekly Breakfast At Cathedral of Hope program in which church volunteers prepare and serve breakfast to the homeless.

So I am including Hank’s write-up about BACH’s Christmas Eve event here on Instant Tea, just as he sent it to me:

Use the words “Bach” and “cathedral” in a sentence this time of year, and most people will picture the “Christmas Cantata” or “Jesu, Joy of Man’s Desiring.” But at a certain church in Dallas, BACH stands for “Breakfast at the Cathedral of Hope,” a program that just celebrated its four-year anniversary in November. On Christmas Eve morning, while most of Dallas was nestled all snug in their beds, a small army of volunteers was in the kitchen at the Cathedral of Hope whipping up a hot and hearty breakfast for the homeless and needy that would be coming through their doors by 7:30 a.m. Under the direction of Rev. William Baldridge, Associate Pastor for Community Outreach, this weekly breakfast has grown from serving just 11 guests at the first meal to an average of 200 guests each Saturday morning.

And guests they are: receiving a hot meal served on china plates and with silverware and glasses. The guests may also receive a haircut after they eat, if they so chose.

This week, in addition to the usual food and drink, each guest received a bag with a blanket, hat, gloves, toiletries, water and food coupons. The gift bags were the result of the generous work of Jan Okerlund and Leslie Frye.

Leslie Frye, one of the volunteer coordinators, when asked how the volunteers feel about the work they do, said, “The real blessing is in the cooking for and serving those less fortunate, not only during this Season, but all year long.”

This Saturday’s volunteers included members of the church community of the Cathedral of Hope, members of the Turtle Creek Chorale and a group of 14 students from “I-CERV,” the “Ismaili Community Engaged in Responsible Volunteering.” They are here once a month, all year long. Kenneth Campbell, the Interfaith Services Director Volunteer Coordinator of the Memnosyne Foundation, brought these energetic and focused youth.

The Memnosyne Foundation is a wonderful organization whose mission is “to help a diverse people of the world consciously encourage an evolution of themselves and for future generations by providing the means to encourage positive, peaceful global collaboration.” The diverse crowd of leaders, volunteers and guests were certainly doing that on this morning.

And one guest, who guest shared his story quietly and privately with tears streaming down his face, personifies the spirit of sharing and giving. This time last year, he was on the street, living under a bridge and depending on the generosity of others to survive. He told me he could always count on a hot meal and being treated with respect when he came to BACH. This year, he is able to draw social security and is donating $25 a month to BACH. “They always fed me and helped me get through. Now I want to give back whatever I can. God blessed me and it’s what I want to do.”

Across the room, his hands deep in a bucket of soapy water, volunteer Jamie Rawson, spent the morning scraping plates and glasses, getting them ready for the dishwashers.

“There a few things a person can do which so clearly put Christmastime in perspective as doing something to help others. It is has been said so often as to become a cliché — but it is no less true for being a cliché. It is heart-warming to see so many people gathered to help provide for those in need. It is especially affirming to see so many young people from such a diversity of backgrounds. This has been the most fitting and rewarding way to truly start my Christmas.”

When the guests were finished with breakfast, finished visiting with friends and volunteers, finished with their haircut, and picked up their bag of supplies for warmth and comfort, they left the cathedral and headed back into the rain and the street.

As they left, Richard Boule greeted each of them and wished them a Merry Christmas.

“As I watched those people leaving the Cathedral after breakfast this morning, I could not help wondering where they were going and what each one of them had to look forward to this Christmas time. But I had the feeling that they were grateful for the humanity they were shown, so many left with a smile. May they be blessed.”

If you would like to help with BACH, please call Rev. Baldridge at the Cathedral of Hope at 214-351-1901.

You can see more photos from the Christmas Eve Breakfast at Cathedral of Hope after the jump.

—  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.

—  admin