Wednesday, February 28, 2007

GLBT DIGEST - February 28, 2007

**IF YOU CAN'T ACCESS THE FULL ARTICLE, CONTACT US ATrays.list@comcast.net and we'll be happy to send the full article.

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365gay

http://www.365gay.com/Newscon07/02/022707utah.htm

On Again, Off Again Bill Regulating Gay Student Clubs Back On
by 365Gay.com Newscenter Staff
Posted: February 27, 2007 - 9:00 pm ET

(Salt Lake City, Utah) Legislation allowing schools the right to rejectstudent clubs that threaten the "moral well-being" of students that lessthan a week ago was declared dead has been resurrected and passed by theUtah House.

The bill, already passed by the Senate, now goes to the desk of Gov. JonHuntsman. The Republican governor has not said if he will sign or veto themeasure.

The legislation also requires that school principals be given allinformation that would be presented to the club a week in advance so parentscould review it, and that the state be required to cover the costs oflawsuits involving the restrictions of school clubs.

While the bill does not specifically name any club, LGBT civil rights groupshave warned it is aimed at curtailing Gay-Straight Alliances.

When the legislation first came before the House last month lawmakersremoved some of the most restrictive regulations, leaving the bill onlyrequiring parental approval when students join clubs. That version passedand the bill went to the Senate.



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365gay

http://www.365gay.com/Newscon07/02/022707canada.htm

Court Set To Rule On Massive Gay Class Action Suit
by 365Gay.com Newscenter Staff
Posted: February 27, 2007 - 9:00 pm ET

(Ottawa) Canada's Supreme will deliver a ruling Thursday on what isconsidered the biggest gay class action suit every filed, worth possibly asmuch as $100 million with accrued interest.

The case involves more than 1,000 gay men and lesbians whose same-sexpartners died in the period between April 17, 1985 and January 1, 1998.

Those partners paid into the government run Canada Pension Plan most oftheir working lives, but unlike heterosexual pensioners, when they diedtheir survivor benefits were not paid to their surviving partners.

In 2000 the federal government passed legislation allowing same-sexsurviving partners to collect the pensions but restricted payments to thosewhose partners had died after January 1998.

Longtime Toronto gay activist George Hislop went to court accusing thegovernment of discrimination by not setting the cut-off point at 1985, theyear in which the Charter of Rights took effect and opened the door for gaysand lesbians to eventually win equal treatment under the law.



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365gay

http://www.365gay.com/Newscon07/02/022707rape.htm

Air Force Man Guilty In Gay Rapes Case
by The Associated Press
Posted: February 27, 2007 - 7:45 pm ET

(Eglin Air Force Base, Florida) An Air Force officer was found guiltyTuesday of raping four men and attempting to rape two others.

A nine-member military jury deliberated for about seven hours in Capt.Devery L. Taylor's court-martial. Taylor gave no reaction upon hearing theverdict.

Taylor, a medic and the former chief of patient administration at EglinRegional Hospital, faces a maximum sentence of life in prison. Sentencingwas to begin Wednesday.

"I am pleased. I am emotional, but I am very, very pleased," said Maj.Kathleen Reder, a military prosecutor.

"These men can sit up a little straighter now, I am proud of them," she saidof the six victims who testified.



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365gay

http://www.365gay.com/Newscon07/02/022707czech.htm

Czech Republic Mulls Gay Adoption
by 365Gay.com Newscenter Staff
Posted: February 27, 2007 - 9:00 pm ET

(Prague) The government minister responsible for human rights is calling forlegislation to allow same-sex couples to adopt.

Last year Parliament created a domestic partner registry for gay and lesbiancouples - making the Czech Republic the first country in Central and EasternEurope to recognize same-sex unions. (story)

The law allows couples who register their partnership with authorities tohave inheritance and health care rights similar to those granted now toheterosexual married couples. The law, however, does not allow marriage oradoption of children by same-sex partners.

This week Green Party minister Dzamila Stehlikova said it is time to begin adebate on the issue of adoption. Stehlikova said there are around 20,000children being raised in orphanages at a time when many gay couples wouldlike to be parents.

Stehlikova said allowing same-sex couples to adopt would be a step in theright direction.



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365gay

http://www.365gay.com/Newscon07/02/022707hiv.htm

Judge: US Can Deny Funds To AIDS Group
by The Associated Press
Posted: February 27, 2007 - 7:00 pm ET

(Washington) A federal appeals court ruled Tuesday that the Bushadministration can deny funding to nonprofit AIDS groups that don't publiclydisavow prostitution and sex trafficking.

Overturning a lower court's decision, the U.S. Court of Appeals for theDistrict of Columbia said that the AIDS groups' free speech rights would notbe violated if the money was linked to a pledge to uphold government policy.

At issue is the case of DKT International Inc., which provides familyplanning and HIV/AIDS prevention programs in 11 countries.

The group has refused to sign a pledge to oppose the policies because ithelps distribute condoms to prostitutes and other sex workers in Vietnam.
I
n 2005, DKT sued the U.S. Agency for International Development, contendingits free speech rights were violated by a 2003 law requiring groups toexplicitly oppose prostitution and sex trafficking in order to qualify forpart of a $15 billion AIDS program.



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Advocate.com

http://advocate.com/print_article_ektid42376.asp

Gay bishop says no to ultimatum

V. Gene Robinson, whose consecration as the first openly gay Episcopalbishop has brought the world's Anglicans to the brink of schism, saidTuesday that the Episcopal Church should not give in to demands by theAnglican Communion that it roll back its acceptance of gays.

The first openly gay Episcopal bishop, whose consecration has brought theworld's Anglicans to the brink of schism, said Tuesday that the EpiscopalChurch should not give in to demands that it roll back its acceptance ofgays.

New Hampshire bishop V. Gene Robinson said in a statement that Episcopaliansshould set aside the Anglican Communion's request for now ''and get on withthe work of the Gospel'' even at the risk of losing their place in theAnglican fellowship.

''Doesn't Jesus challenge the greater whole to sacrifice itself for those onthe margins?'' Robinson said. ''Now is the time for courage, not fear.''

It was Robinson's first public statement on an ultimatum that Anglicanleaders issued last week during a meeting in Tanzania. They gave the U.S.denomination until September 30 to unequivocally pledge not to consecrateanother gay bishop or authorize official prayers for same-sex couples. If itdoesn't, the church risks a much-reduced role in the Anglican family ofchurches that trace their roots back to the Church of England.



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365gay

http://www.365gay.com/Newscon07/02/022707sonics.htm

NBA Team Owners Linked To Extremist Anti-Gay Group
by 365Gay.com Newscenter Staff
Posted: February 27, 2007 - 3:00 pm ET

(Seattle, Washington) Two leading members of a financial group seeking a$300 million tax subsidy for a new basketball arena for the Seattle Sonicshave been linked to a rightwing group trying to ban same-sex marriage inseveral states.

The Seattle Post-Intelligencer reports that Ward and Aubrey McClendondonated more than $1.1 million to Americans United to Preserve Marriage, anorganization run by failed GOP presidential hopeful Gary Bauer, the FamilyResearch Council and Focus on the Family.

Word of the links began surfacing in blogs late last week.

McClendon gave $625,000 in 2004. Ward gave $475,000 in 2004 and 2005,according to records at PoliticalMoneyLine which tracks political spending.

Ward is the chief executive officer of an oil and natural gas productioncompany while McClendon is chief executive of a natural gas productioncompany. Both companies have headquarters in Oklahoma City.



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365gay

http://www.365gay.com/Newscon07/02/022707books.htm

Bias-Free School Bill Reintroduced In Calif.
by 365Gay.com Newscenter Staff
Posted: February 27, 2007 - 1:00 pm ET

(Sacramento, California) Less than six months after Gov. ArnoldSchwarzenegger vetoed a similar bill, legislation has been introduced in theCalifornia Senate that would strengthen existing protections andspecifically prohibit discrimination based on a person’s actual or perceivedsexual orientation and gender identity in California schools.

Both pieces of legislation were put forward by Sen. Sheia Kuehl (D)(pictured). While the new bill promotes nondiscrimination in schools itdoes not specifically mandate the teaching of a gay-positive curriculum.

When he vetoed last year's bill Schwarzenegger said it was vague andpotentially confusing and was redundant because California's education codealready prohibits discrimination in schools. (story)

Equality California said that it is hopeful the new measure will pass and besigned into law.

“This measure will ensure California’s schools have the strongestnondiscrimination protections available, further building on our state’slegacy of honoring the dignity and respect of all citizens,” said EQCAExecutive Director Geoff Kors. “There is simply no room for bias of any kindwithin our educational system. It is imperative to secure the fair treatmentof all students, including young people who identify as lesbian, gay,bisexual or transgender.”




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365gay

http://www.365gay.com/opinion/Letters/Letters.htm

To The Editor

Re: Episcopal Dilemma: Gay Inclusion Or Worldwide Church

The American Episcopal Church has a very simple choice to make: continue topreach the Gospel of Jesus Christ to ALL people, or remain in the worldwideAnglican Communion.

Jesus commanded the former; he never heard of the latter; nor is itnecessary to salvation according to Holy Scripture.

Holy Scripture DOES tell us about bishops like Akinola: "wolves in sheep'sclothing" who would ravage the flock of Christ for personal power andfinancial gain.

Raymond H. Clark
San Diego CA



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365gay

http://www.365gay.com/opinion/Letters/Letters.htm

To The Editor

Re: Romney: 'Traditional Marriage Parents' Best For Kids

I just had to laugh at Romney with his little ditty.

Doesn't he get that saying "First comes love, second comes marriage,third comes a baby carriage" could also apply to gay and lesbian couples ifthey were allowed to get married.

Also gay and lesbian couples do get involved with their children'seducation.

Every child does not need a mother and a father but people who love them.The prisons are full of people who abused or even killed their children.

This country needs to get away from these people who are so anti-gay whengays pay taxes just like everyone else except the churches who keepinterfering with civil rights are tax-exempt.

It's time to start making churches pay taxes for all the millions andmillions they take in every week. It's time to stop the faith basesinitiatives getting tax money.

Vicki Fellner
Itasca, IL.



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365gay

http://www.365gay.com/opinion/Letters/Letters.htm

To The Editor

Re: Vatican Wants 'Conscientious Objector' Status For Opponents Of GayMarriage, Abortion

I was “raised” Catholic, but I will tell you that this pope scares me.

This “conscientious objectors” thing is really scary. I’m sick of all ofthese people using religion to do what ever the hell they want to.

Laws are made, bills are passed, but people are finding out that all theyhave to do to get out of obeying these laws is to say it’s “against myreligious beliefs.”

What if everybody did this?! Doctors would be refusing to treat AIDSpatients world wide.

Pharmacists would refuse to give any number of medications. People would beurned away from housing, jobs, the list is endless. And this doesn’t justapply to gay people.

You could say all kinds of things were against your religious beliefs, aslong as you found something in your particular doctrine to back it up. Theworld would be mass chaos, and have the pope and all of these evangelicalsto thank for it.

I’m sure that Pat Robertson would find some way to pin it on gay and lesbianpeople though.

Kathleen McCarron
Mobile AL.



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The Advocate

http://advocate.com/print_article_ektid42159.asp

Young, numb, and full of dumb

Gibson, Richards, Washington, and Hardaway have been raked over the coalsfor their recent hateful tirades. So why did Paris Hilton escape unscathedwhen her nasty little slip-up went public?
By Neal Broverman

The public’s hunger for pretty young things remains as insatiable as theiridols’ appetites for sex, drugs, and liquid diets. It doesn't matter if they’readdled (Lindsay Lohan), unstable (Britney Spears), or dumb (Anna Nicole),America always wants more, and we’ll forgive them anything.We’ll even look the other way regarding homophobia and racism as long asthey spew from the shapely glossed lips of Paris Hilton.

Paris Hilton’s far-from-enlightened views on minorities came to light inFebruary when a grainy tape was leaked to YouTube of the heiress unleashingnasty epithets at a party. While she and sister Nicky were dancing to BiggieSmalls, Hilton said we “are like two [n words].”



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Express Gay News

http://www.expressgaynews.com/thelatest/thelatest.cfm?blog_id=11651

Christian university fires transgender professor

Termination comes three days after changing name from 'John' to 'Julie'
SPRING ARBOR, Mich. (AP) | Feb 27, 3:27 PM

A private, Christian university has fired a male faculty member now livingas a woman, a few days after she legally changed her name to something morefeminine.

"I think they decided to terminate me rather than call me Julie," the formerJohn Nemecek told the Jackson Citizen Patriot.

A judge on Friday approved Nemecek's petition to change her name to JulieMarie Nemecek.

She was an ordained Baptist minister who served a Grand Rapids, Michigan,church before being hired 16 years ago at Spring Arbor University. Sheworked for a decade as an associate dean of adult studies at the134-year-old school about 90 miles west of Detroit.

Nemecek wears a blond wig and dresses as a woman but has no plans to undergosex-change surgery. She has said she is not homosexual and is attracted toonly one woman: Joanne, to whom she has been married for 35 years.



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The New York Times

http://www.nytimes.com/reuters/world/international-italy.html?_r=1&oref=slogin&pagewanted=print

February 27, 2007
Prodi Looks Set to Stay Italian PM

By REUTERS
Filed at 7:05 p.m. ET

ROME (Reuters) - Romano Prodi looks set to win a Senate confidence vote onWednesday to stay as Italy's prime minister after rallying fractious alliesbehind him to end a political crisis triggered by his resignation a weekago.

Prodi quit after only nine months in office following a defeat over foreignpolicy in the same chamber of parliament when leftist members of hisCatholics-to-communists coalition voted against him.

The new-found unity in centre-left ranks prompted President GiorgioNapolitano to ask Prodi to stay on at the helm of Italy's 61st governmentsince World War Two and test his leadership in parliament.

Since his resignation plunged Italy into political uncertainty, Prodi hastaken a ``back me or sack me'' approach, playing on his allies' fears thatconservative Silvio Berlusconi could return to power.

He has also succeeded in wooing two extra senators, including a formerdeputy prime minister who served under Berlusconi, to bolster flimsy supportin the Senate where his coalition is on level pegging with the centre-rightopposition.



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The Washington Post

http://www.washingtonpost.com/wp-dyn/content/article/2007/02/27/AR2007022701589_pf.html

Defending His Country, but Not Its 'Don't Ask, Don't Tell' Policy

Wednesday, February 28, 2007; C01

Once a Marine, always a Marine. That pretty much sums up the life of retiredSgt. Eric Alva, who was sworn into the Marine Corps at 19, stationed inSomalia and Japan and lost his right leg when he stepped on a land mine onMarch 21, 2003, the first day of Operation Iraqi Freedom.

As the war's first injured soldier, Alva was an instant celebrity. He was on"Oprah." President Bush awarded him the Purple Heart. Donald Rumsfeldvisited. And strangers in Alva's native San Antonio still insist on payingfor his dinner at Chili's. Last fall Alva, 36, contacted the Human RightsCampaign, the gay rights group, and asked to be involved in its lobbyingeffort. Today he'll stand alongside Rep. Martin Meehan (D-Mass.) when heintroduces a bill to repeal the military's "Don't ask, don't tell" policy ongay, lesbian and bisexual military personnel.
-- Jose Antonio Vargas

Q. Why didn't you come out sooner?



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From Marc Adams
HeartStrong
http://heartstrong.org/

Participate in our Letter Writing Campaign

Hi Everyone,

Unfortunately its been a very busy week for our students. Fortunately,HeartStrong is here to provide support.

There has been an ongoing battle in Texas over a student who was refusedre-enrollment at an Episcopal school due to the fact that he has two moms. This happened some time ago and the family now lives in a much betterenvironment in Canada.

However, the student's godmother, Kim McLaughlin, has been relentless inher pursuit of social justice for this issue. To the point, where theschool is now being investigated by the Southwestern Episcopal SchoolAssociation. (The SESA does not have written policies to enforce nondiscrimination and non harassment but they do have a non written impliedpolicy of intolerance for discrimination.) So the investigation by theAssociation is a good thing. Except for one detail.


contact rays.list@comcast.net for the full article


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Story from BBC NEWS:

http://news.bbc.co.uk/go/pr/fr/-/2/hi/africa/6392531.stm

Sunday, 25 February 2007,

Islam's pioneering women priests

By Richard Hamilton
BBC News, Rabat, Morocco

"Terrorism is the extreme example of a serious illness in society... Thereis an obligation to do this as a means of prevention"

Ahmed Toufiq, Minister of Islamic Affairs

A radical innovation in the Islamic world has arisen in Morocco - womenpriests. The Mourchidat, as they are known, are the first women ever in anyMuslim country that can perform the functions of a male Imam in a mosque,except lead the prayers.

Fifty Mourchidat have graduated and have now begun their ministries.

However, not everyone agrees with the new appointments.

The Mourchidat will be allowed to lead religious discussions and give advicein their communities - particularly to women.

The only thing they will not be able to do is to lead prayers. That rolewill still be reserved for male Imams.

In the courtyard of Rabat's biggest mosque - the Sunna mosque - I spoke toKhadija al-Aktami. She is one of the newly qualified Mourchidat.

I asked her why she thought women would be well suited to this new role:"Women make good priests because God has made them more sensitive, mercifuland more patient than men!



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Russian Pentecostal leader refuses tolerance for gays

http://www.interfax-religion.com/?act=news&div=2654

Moscow, February 27, Interfax - Bishop Sergey Ryakhovsky, a RussianProtestant leader and a member of the Public Chamber of Russia, refusedtolerance for gay parades' participants.

'The tolerance our sexual minorities mention so often, does not in realitycorrespond to the concept of 'right.' The fundamental human rights asformulated by the UN General Assembly in 1948 in the Universal Declarationof Human Rights, do not include anything like a right to vice and or a rightto moral crime,' Ryakhovsky said in his statement received by Interfax onTuesday.

According to the bishop, the Russian Evangelical Christians (Pentecostals)are ready to hold up the traditional family values not only by personalexamples or by sermons. 'If they try again to plan a gay parade in Moscow orany other Russian city, we reaffirm our readiness to bring our protest outto the streets,' he said.



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http://www.praguemonitor.com/en/32/czech_national_news/2020/

Czech minister wants to discuss child adoptions by same-sex couples
by Prague Daily Monitor/CTK / published 27 February 2007

Džamila Stehlíková, minister without portfolio (Greens), said yesterday sheis convinced that now is the right time to start a public debate on childadoptions by same-sex couples in the Czech Republic.

She said in an on-line interview with Novinky.cz that the debate should bestarted also because many children in the country are growing up ininstitutions.

"Every child has the right to parental love and care," Stehlikova said.

Same-sex couples have been able to enter registered partnership since lastJuly. A total of 235 couples have used the opportunity by end-2006.

The law defines property relations, for instance, but not child adoptions.




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MiamiHerald.com

http://www.miamiherald.com/772/v-print/story/26580.html

Posted on Wed, Feb. 28, 2007
Hawaii civil unions plan goes nowhere
By MARK NIESSE

Hawaii lawmakers effectively killed a proposal to create civil unions forgay couples by declining to vote on the legislation.

More than 100 people packed the House Judiciary Committee hearing Tuesday,many waving pink signs reading, "Civil Unions. Equal protection, justice forall." At least 400 people submitted extensive written or oral testimony.

After five hours of testimony, though, the committee declined to vote.Representatives offered little explanation to the public, but it was a signthat the bill lacked enough support to become law.

Civil unions had been suggested as a way for the state to sidestep acontroversy over gay marriage, but they proved to be nearly as contentious.

Opponents argued that civil unions were being used as a step towardlegalizing gay marriage. Proponents said they want the legal guaranteesgranted to married couples, such as tax breaks, adoption rights and healthbenefits.



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Sun-Sentinel.com

http://www.sun-sentinel.com/news/opinion/letters/sfl-brmail728feb28,0,91232,print.story?coll=sfla-news-letters

Free speech?
Margaret M. Martin
sunrise

February 28, 2007

Whatever happened to "I disagree with what he says, but I will defend to thedeath his right to say it"?

Tim Hardaway made a statement against homosexuality. His right and histhoughts. I think it is outrageous that Mr. Hardaway is being vilified forhis beliefs.

Will this country, which has become so politically correct, continue toignore a wrong war in Iraq and then stop a man who speaks his mind?

Did the man who spoke out as a gay person have the right? Of course. Yetthere was no media coverage on how his statement was information I did notwant nor did I need to know.

Anita Bryant chose years ago to speak out on her thoughts abouthomosexuality. Her right to free speech cost her her livelihood. Mr.Hardaway is suffering the same fate. Free speech for all!



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Washingtonpost.com

http://www.washingtonpost.com/wp-dyn/content/article/2007/02/27/AR2007022700883.html

Gay Bishop Says No to Ultimatum

By RACHEL ZOLL
The Associated Press
Tuesday, February 27, 2007; 4:11 PM

-- The first openly gay Episcopal bishop, whose consecration has brought theworld's Anglicans to the brink of schism, said Tuesday that the EpiscopalChurch should not give in to demands that it roll back its acceptance ofgays.

New Hampshire Bishop V. Gene Robinson said in a statement that Episcopaliansshould set aside the Anglican Communion's request for now "and get on withthe work of the Gospel" even at the risk of losing their place in theAnglican fellowship.

"Doesn't Jesus challenge the greater whole to sacrifice itself for those onthe margins?" Robinson said. "Now is the time for courage, not fear."

It was Robinson's first public statement on an ultimatum that Anglicanleaders issued last week during a meeting in Tanzania. They gave the U.S.denomination until Sept. 30 to unequivocally pledge not to consecrateanother gay bishop or authorize official prayers for same-sex couples. If itdoesn't, the church risks a much-reduced role in the Anglican family ofchurches that trace their roots back to the Church of England.

The Episcopal Church is the U.S. wing of world Anglicanism.



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Forwarded from Kenneth Sherrill - Ken's List
Kenneth.Sherrill@hunter.cuny.edu
kenslist@groups.queernet.org

Homophobia? Call it hatred

February 27, 2007
BY DESIREE COOPER
FREE PRESS COLUMNIST

http://www.freep.com/apps/pbcs.dll/article?AID=2007702270320

Gayle Colbeck, a Free Press reader, called me last week, incensed.

She'd been following the coverage of retired Miami Heat star TimHardaway's antigay comments -- a tirade so vile, the NBA shunned him.

"Why do they call it homopho-bia?" asked Colbeck, a Detroit gaywoman who has been the target of hate. "It's not like it's a mentaldisorder. We need another term."

She was right.

The term "Negrophobia" has been bandied about since the 1900s. It'san almost comedic description of the irrational fear some peoplehave of blacks. But it has never taken hold because the word"racist" is so much more precise: a deep-seated belief in theinherent superiority of a particular race -- a belief that oftenresults in acts of hate. That's not a phobia; it's a choice.

Killing of a patriot

My search for a more appropriate term for homophobia took on greaterimportance when I heard about the killing of Andrew Anthos, 72.



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Forwarded from Kenneth Sherrill - Ken's List
Kenneth.Sherrill@hunter.cuny.edu
kenslist@groups.queernet.org

http://avn.com/index.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=284292

Christian Coalition Targets N.C. Adult Retailer
By: David Sullivan
Posted: 12:19 pm PST 2-26-2007

NEW BERN, N.C. - Retailer Greg Sakas is calling out to the adult industryfor help in his fight against police and religious groups who are attemptingto shut down his business. This week, local authorities intend to chargeSakas with a third-class misdemeanor under a state law that prohibits thesale of adult DVDs and novelties under the same roof.

In late January, New Bern police raided Sakas' Pure Bliss outlet, seizingthe store's inventory and records. According to Sakas, the action againsthim is the first salvo in a Christian Coalition campaign designed to ridNorth Carolina of pornography.

"I'm the first person in North Carolina to ever be charged on this," Sakastold AVN. "The Christian Coalition is looking at this as the springboard toa major fight in which they can shut down all the adult stores in NorthCarolina, and beyond. Everybody in the industry needs to fight this."

When the Coalition asked Sakas to attend their Jan. 15 meeting in New Bern,the store owner declined. Two days later, the group filed a complaint withthe New Bern police, who applied for a search warrant on Jan. 29.




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Forwarded from Kenneth Sherrill - Ken's List
Kenneth.Sherrill@hunter.cuny.edu
kenslist@groups.queernet.org

http://hosted.ap.org/dynamic/stories/N/NO_DANCING?SITE=7219

Feb 23, 8:57 AM EST

Court Backs NYC's Ban on Dancing in Bars

NEW YORK (AP) -- Come and meet those dancing feet, up on 42nd Street - butonly in nightspots with special licenses.

The city's 80-year-old cabaret law banning dancing by patrons in ordinarybars and restaurants is legal, the state Supreme Court's Appellate Divisionruled Thursday.

The Gotham West Coast Swing Club and several people had sued, saying the lawviolated their constitutional right to free expression.

But the appeals court backed the law, which was enacted in the Prohibitionera to crack down on speakeasies.

"Recreational dancing is not a form of expression protected by the federalor state constitutions," the court wrote.

City lawyer Norman Corenthal welcomed the court's decision, saying it upheldthe city's right to enforce laws that protect residential areas from noise,congestion and safety hazards.

The plaintiffs claimed that in the 1960s, about 1,000 places legally allowedpatrons to dance, but fewer than 300 such places exist now. They also hadchallenged the city's application of zoning laws, arguing it was arbitraryand capricious.

Norman Siegel, a lawyer for the plaintiffs, said he was considering anappeal.




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Forwarded from Kenneth Sherrill - Ken's List
Kenneth.Sherrill@hunter.cuny.edu
kenslist@groups.queernet.org

http://newyorklawschool.typepad.com/leonardlink/2007/02/texas_appeals_c.html

Texas Appeals Court Sustains Obscenity Law

by New York Law School Professor Arthur S. Leonard, February 23, 2007 inLegal Issues

Yesterday the Court of Appeals of Texas in Fort Worth rejected aconstitutional challenge to the state's obscenity law in the case of ExParte Valeria Joyce Dave, 2007 Westlaw 530143 (Feb. 22, 2007). According tothe opinion for the court by Chief Justice John Cayce, the U.S. SupremeCourt's 2003 decision in Lawrence v. Texas, striking down the state'sHomosexual Conduct Law as an unconstitutional abridgement of personalliberty under the Due Process Clause, has no relevance to this case.

Ms. Dave works at Dreamer's, an adult business in Kennedale, TX. The storeforbids entry to minors and does not provide live entertainment, just salesof consumer goods, including videotapes and DVDs for off-premises viewing.According to the criminal charges against Ms. Dave, she sold two videotapescontaining obscene materials to undercover police officers and was chargedwith two counts of "promoting obscenity" in violation of Texas Penal Code43.23, which incorporates the federal constitutional definition of obscenityfrom Miller v. California (1973).



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Forwarded from Kenneth Sherrill - Ken's List
Kenneth.Sherrill@hunter.cuny.edu
kenslist@groups.queernet.org

Jack Drescher, MD
jadres@psychoanalysis.net
http://www.jackdreschermd.net

http://www.nypost.com/seven/02252007/news/regionalnews/free_to_be_he_she_regionalnews_janon_fisher_____and_leela_de_kretser.htm

Free to be He-She

By Janon Fisher & Leela de Kretser

Sunday 02.25.07

CITY-PAID GENDER OP

February 25, 2007-Talk about a tax cut.

A judge has ordered taxpayers to foot the bill - up to $20,000 - for asex-change operation that will make a 21-year-old man into a woman.

In a ruling to be released Thursday, Manhattan Family Court Judge SheldonRand said the city must provide the subsidized snip because the womanwannabe, identified as Mariah Lopez, had been in the care of theAdministration for Children's Services as a youngster.

The judge said the agency has a duty to pay for all "necessary" medical careto the kids in its charge.

Rand ruled that Lopez suffers from a diagnosed gender-identity disorder andthat surgery is the recognized treatment.

"I don't think it's hit me yet. The consequences are so far reaching," ajubilant Lopez told The Post after learning of her victory in the legalbattle, which started before Lopez was 18 and cared for by ACS.

"This court has recognized that gender-identity disorder is a real conditionand there is a real solution to it and people don't have to suffer from it."

The city's senior lawyer on the case, Julian Kalkstein, said, "Werespectfully disagree with the judge's decision and are going to beappealing the case."

Lopez said the surgery would cost between $15,000 and $20,000. The city hasalready paid for a laser hair-removal procedure around Lopez's genital area.

Lopez's father, who lost custody when she was 6 because of his drug use,said, "She's my son-daughter, I love her.

"If it's in her blood to be a woman, so be it.



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http://www.csmonitor.com/2007/0227/p25s01-usju.html

Headline: Supreme Court declines polygamy case

Byline: Warren Richey Staff writer of The Christian Science Monitor
Date: 02/27/2007

The US Supreme Court Monday declined to consider the appeal by a Utahman with three wives who sought to overturn his bigamy conviction byciting the high court's 2003 landmark ruling on gay rights.

The action lets stand a Utah Supreme Court decision upholding thestate's bigamy law even though it clashes with some residents'sincerely held religious beliefs.

"There are literally thousands of religious people in Utah ... whonow have to be concerned to look over their shoulder that some day[state Attorney General] Mark Shurtleff and the state of Utah willcome after them," says Raymond Berry, one of the lawyers representingpolygamist Rodney Holm. The ruling will raise concerns amongreligious fundamentalists in Utah that the state will step up itspressure against them, he adds. "They are kind of like turtles, theypull their heads in, they stay out of the public eye."

The Holm case offers a glimpse into a world rarely seen by mostAmericans. There are an estimated 37,000 religious polygamists inArizona, California, Colorado, Idaho, Montana, Nevada, South Dakota,and Utah.




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