Ethics News
News: Homosexuality
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>>Canada Timeline (CBC, 040100)
>>World Timeline (CBC, 040100)
Parties and protests greet Ellen’s coming out (970416)
Vatican: homosexuals can achieve holiness by abstaining (970423)
American Airlines ‘Pro-Gay’, Say Conservative Christians (970428)
Clinton backs measure outlawing job bias against homosexuals (970424)
Just A Few Reasons To Boycott Disney (970600)
Families shocked by homosexual celebration at Magic Kingdom (970600)
Pro-Gay Actions at Disney (970623)
Conservative Group Pressures Texas to Dump Disney Stock (970703)
Hawaii to Extend Benefits to Gay Couples (970710)
Canada is safe haven for sexual refugees (Ottawa Citizen, 970714)
B.C. leads way with gay-rights bill (970716)
Conservatives Step Up Criticism of Disney (970723)
AMA: Homosexuality No Reason for Therapy (970818)
IRS Grants Tax-Exempt Status to Gay Group (970826)
New insurance company helps gay couples get marriage benefits (970902)
Gay Youths More Likely to Attempt Suicide (970902)
Same-sex couples win court victory (Globe & Mail, 971003)
Mayor discriminated against gay activist, inquiry finds (971009)
ABC’s own poll indicts Ellen’s lesbian kiss (971101)
Pope says church must speak out against pedophilia (971107)
Maine becomes first state to repeal gay rights law (Washington Times, 980216)
Gay workers have no right to equal benefits (London Times, 980217)
New Jersey Gives Gays Right to Adopt (971217)
Bishop says the Bible is root of homophobia (980418)
Gay Teens Bear Psychological Burden of Intolerance (980528)
Cardinal condemns Bill for New York gay rights (980528)
Clinton Bars Job Bias Against Gays (980529)
Safe haven for sexual refugees (970714)
Gay public servants cheer benefits victory in Canada (960614)
What we learned in Sunday school (980418)
Top court defends ‘charter revolution’ (980403)
Teenager wins fight for gay fostering (London Times, 980626)
Lesbians May Have Higher Breast Cancer Risk: Study (980930)
Court won’t review ‘don’t ask, don’t tell’ policy (981019)
Ex-gays suppressed in killing’s aftermath (981101)
Same-sex partners declared ‘spouses’ (Ottawa Citizen, 990521)
Dissenting judge shies away from spotlight Justice Gonthier (National Post, 990521)
The legal evolution of same-sex spousal rights (National Post, 990521)
The majority opinion (National Post, 990521)
The dissenting opinion (National Post, 990521)
State Supreme Court: Boy Scouts’ Ban on Homosexuals Is Illegal (990804)
Boy Scouts argue that gays, atheists should not be allowed (980106)
Pro-homosexual group influences media portrayals (Washington Times, 991121)
California voters pass ban on same-sex marriage (CNN, 000308)
Dr. Laura censured for anti-gay talk (National Post, 000511)
Out of the closet, on the tube (CNN, 001016)
Scientific studies fail to corroborate ‘gay gene’ theory (Washington Times, 000801)
‘Gay marriage’ law outrages Vermont voters Governor faces backlash (National Post, 001000)
Rabbis reach out to change gay Jews (Washington Times, 001117)
Traditionalists fear same-sex unions legitimize polygamy (Washington Times, 001213)
Gay marriage an idea whose time has come (Vancouver Sun, 001208)
Some Gays Can Turn Straight, Study Suggests (Foxnews, 010509)
Marriage-Strengthening Constitutional Amendment Proposed (Foxnews, 010713)
Pediatricians’ Group OKs Gay Adoption (Foxnews, 020204)
County Closes Bank Account to Protest Handling of Boy Scouts (Foxnews, 020327)
In future, will only gays get married? (National Post, 020715)
Liberal MP warns against gay marriages (National Post, 020718)
One man, one woman: Formalized same-sex bond should not be called a marriage (Calgary Sun, 020718)
Ottawa eyes quick end to gay debate (National Post, 020808)
Whoever Causes One of These to Sin: Can gays go straight? (National Review, 010518)
Gays Can Go Straight: And straights can go gay (National Review, 010514)
Critics fear law for gays will muzzle preachers (Washington Times, 021204)
We Told You So: The Homosexual Network Twenty Years Later (Free Congress Foundation, 020208)
Vermont’s top court backs rights for same-sex couples (Foxnews, 991220)
California voters pass ban on same-sex marriage (Foxnews, 000308)
Same-sex book ban allowed in B.C. school (CBC Newsworld, 000920)
Ottawa finds flaw in gay marriages: No offspring (National Post, 020916)
U. of Maryland Slammed for Freshmen Reading (Foxnews, 020919)
Pope decries abortion, gay marriage (CNN, 971003)
Sexual Rights: Traditionalists v. libertarians at the Supreme Court (NRO, 030221)
Court, states consider same-sex unions (Washington Times, 030224)
Texas Gov. Signs ‘Defense of Marriage Act’ (Foxnews, 030528)
Philly Boy Scouts Defy National Stance on Gays (Foxnews, 030529)
Gay couples can marry: Ontario Appeal Court (National Post, 030610)
Gay Marriage in Canada (NRO, 030611)
Let gays marry now, court says (Ottawa Citizen, 030611)
It’s Over? the fine print (NRO, 030618)
Ottawa to legalize gay marriage (National Post, 030618)
Supreme Court Overturns Texas Gay Sex Ban (Foxnews, 030626)
Pope to MPs: Stop gay marriage (National Post, 030729)
Vatican leans on Canadian politicians (Ottawa Citizen, 030729)
Vatican Launches Global Campaign Against Gay Marriages (Foxnews, 030731)
Vatican raises stakes in gay debate (National Post, 030801)
Vatican: gay unions ‘gravely immoral’ (Ottawa Citizen, 030801)
No Surprises: The Vatican issues gay-union directives (NRO, 030801)
Public Shifts to More Conservative Stance on Gay Rights (Gallup Poll, 030730)
The light that failed (David Warren, 030629)
Men & women (David Warren, 030713)
Homosexual “Marriage”: What Will It Take To Stop It? (Free Congress Foundation, 030624)
Multiple Gay Images Stir Straight Reaction (Foxnews, 030807)
Adopting Numbers: The Census side of the story (NRO, 030827)
What Heterosexuals Need To Teach Homosexuals (Free Congress Foundation, 030723)
Homosexual unions last only 1.5 years, says new study (Catholic World News, 030715)
Maintaining Pro-Family Momentum (Free Congress Foundation, 030801)
Majority Opposes Same-Sex Marriage (Foxnews, 030826)
The End Of Marriage? (Worldnetdaily, 030902)
Same-sex marriage: to divide another day (National Post, 030917)
Traditional marriage defeated (National Post, 030917)
‘Bible as hate speech’ bill nearing vote (WorldNetDaily, 030917)
Bible verses regarded as hate literature (WorldNetDaily, 030218)
The Bible as ‘hate literature’? (WorldNetDaily, 021021)
The Final Frontier For Civilization As We Know It (Free Congress Foundation, 030916)
Gay unions: the vital non-issue (Ottawa Citizen, 030919)
Marriage Protection Week (Free Congress Foundation, 031007)
Scalia Blasts High Court’s Legalization of Gay Sex (Foxnews, 031023)
Mass. Court Says Gay Marriage Can’t Be Denied (Foxnews, 031118)
Advocates, Foes Spar Over Gay Marriage (Foxnews, 031118)
Candidates, Lawmakers Resist Marriage Ruling (Foxnews, 031119)
Support for Federal Marriage Amendment (NRO, 031130)
Gay ‘marriages’ tangle European laws (Washington Times, 031208)
Bush Says He Would Support Gay Marriage Ban (Foxnews, 031217)
In Iowa, Gay Marriage Illegal, Divorce OK (FN, 031218)
Calif. judge allows gay ‘marriage’ law (Washington Times, 031220)
Corporate Thought Police (Christianity Today, 031229)
Sailing Off into Irrelevance (Christianity Today, 031200)
The Death of Canadian Democracy and the Birth of Judicial Unilateralism (Sierra Times, 040101)
Boston Catholic Archbishop Blasts Gay Marriage (FN, 040112)
Gay and lesbian activists warn Liberals not to backtrack on same-sex marriage (CBC, 040109)
Ottawa drafts same-sex marriage law (CBC, 040100)
Ohio Lawmakers Approve Gay Marriage Ban (FN, 040121)
Several States Seek Tough Bans on Gay Marriage (Foxnews, 040123)
Legislators Trying to Circumvent Gay Marriage Ruling (FN, 040205)
Gay Marriage Ruling Likely to Be Campaign Issue (Foxnews, 040205)
Bush: Gay-Marriage Ruling ‘Deeply Troubling’ (Foxnews, 040205)
Oh, Boy (Scouts): Good kids caught in crosshairs (NRO, 040312)
Calif. High Court Won’t Halt Gay Weddings (FN, 040227)
The Real Impact Of Gay Marriage On Society (FN, 040319)
Canada’s Anti-Gay Violence Law Worries Some (FN, 040518)
‘Hate crimes’ bill: Prescription for tyranny (WorldNetDaily, 040529)
StatsCan figures on sexual orientation in dispute (National Post, 040615)
New judges favour same-sex rights (National Post, 040825)
Dobson: Boycott Procter & Gamble (WorldNetDaily, 040916)
Employees urged to support homosexual agenda (WorldNetDaily, 041006)
Furore as schools dump gay educational magazine (WorldNetDaily, 041011)
Criminalizing Christianity: Sweden’s Hate Speech Law (Christian Post, 040806)
CFI: Christians Should Give Nothing to Target this Christmas (Crosswalk.com, 041126)
Fortune 500 Companies See Money in Gay Families (FN, 040526)
MTV to Launch Gay Cable Network (FN, 040525)
Lesbians Raising Sons--Got a Problem with That? (Christian Post, 041215)
Christians, Arrested for Protesting Homosexual Street Fair, Now Acquitted (Christian Post, 050106)
Origin of Homosexuality? Britons, Canadians Say “Nature” (Gallup, 041102)
Evangelicals Warn Parents of Pro-Gay SpongeBob Video (Christian Post, 050122)
PBS stations to air lesbian-promoting cartoon (WorldNetDaily, 050202)
New Genetics Study Undermines Gay Gene Theory (Christian Post, 050211)
Was Abraham Lincoln Gay? Homosexuality and History (Christian Post, 050222)
Study finds disproportionate abuse by ‘gays’ (WorldNetDaily, 050303)
“Bias Won Out” At the Dallas’ Love Won Out Conference on Homosexuality (Christian Post, 050303)
The radical homosexual agenda and the destruction of standards (Townhall.com, 050309)
Homosexual Groups Unite to Push Agenda (American Family Association, 050308)
Homosexuality Struggles Mount in Mainline Churches (Christian Post, 050329)
Jerusalem Homosexual “World Pride” Parade Postponed Indefinitely (WorldNetDaily, 050506)
Gay, Straight Men’s Brain Responses Differ (Foxnews, 050509)
Experts Weary of “Homosexual Agenda” in Public Schools (Christian Post, 050517)
Acquiesce, Or Else (Tongue Tied, 050613)
Microsoft CEO: Firm Backs Gay Rights (Foxnews, 050506)
Blaming Homosexuals and Running from Public Schools (Christian Post, 050621)
Exodus Launches Initiative for Youth Struggling with Homosexuality (Christian Post, 050818)
Leaders Ministering to Homosexuals React to Media Coverage (Christian Post, 050825)
Bill O’Reilly is Right About Gay Teens (Christian Post, 051014)
Conservatives Warn of ‘Third Way’ Approach to Sexuality Debate (Christian Post, 051122)
Swedish Pastor Accused of Hate Crimes Acquitted (Christian Post, 051129)
A Lighthouse for the Great Ships of Zion (Christian Post, 051129)
Belgium to Allow Homosexual Couples to Adopt Children (Christian Post, 051205)
Focus on the Family Drops Wells Fargo Over ‘Homosexual Agenda’ (Christian Post, 051205)
‘Don’t Ask, Don’t Tell’ Hypocrisy (townhall.com, 051211)
Sexual Confusion and the End of Friendship (051214)
Students ban Christians in row over gays (Times Online, 060125)
Why I Won’t See Brokeback Mountain (Christian Post, 060208)
EU Passes Resolution Banning “Homophobia” 468 -149 (LifeSiteNew.com, 060120)
European Bishops Speak Out Against EU’s ‘Homophobia’ Resolution (LifeSiteNew.com, 060120)
European Union Seeks To Criminalize ‘Homophobia’ (NARTH, 060203)
Russia’s first gay parade vetoed by ‘outraged’ city (The Independent, UK, 060216)
Sexual Orientation: When Conflict Rules the School (Christian Post, 060408)
Calif. Senate Passes Gay Education Law (Christian Post, 060512)
**Democratic Chairman Retracts ‘Misstated’ Marriage Definition (Christian Post, 060512)
Judge Strikes Down Georgia Gay ‘Marriage’ Ban (Christian Post, 060517)
Suicide and the textbooks (townhall.com, 060530)
Most Americans Support Gay Rights, Oppose Gay Marriage (Christian Post, 060601)
Commission: Christian OK to Refuse Gay Video Copying (Christian Post, 060614)
Canadian Professor Fined for Stating Opposition to Homosexuality (WorldNetDaily, 060726)
The Gay Study the Media Ignored (Christian Post, 060811)
**Survey: One-Third Homosexual Foster-Parents Sexually Abuse Children (Christian Post, 060814)
Ex-Gay Group Releases Guide on Handling Homosexuals in Church (Christian Post, 060909)
Gays Use ‘Sleight of Hand’ to Promote Agenda (townhall.com, 061002)
Can we talk? (townhall.com, 061017)
Ultra-Orthodox Jews protest Jerusalem gay march plan (WorldNetDaily, 061030)
The Ted Haggard Scandal...No Laughing Matter (Christian Post, 061106)
3 Christian Groups Move To Condemn Gay Sex (Washington Post, 061114)
N.C. Baptist Delegates OK Barring of Pro-Gay Churches (Christian Post, 061114)
U.K. Christians Oppose New Regulations on Gay Rights (Christian Post, 070109)
Michigan Court: No Same-Sex Benefits (Christian Post, 070205)
Gay Conversion Not Biblical, Says Former Homosexual (Christian Post, 070215)
Furor Over Baptist’s Gay-Baby Article (Christian Post, 070314)
Disney to Allow Same-Sex Couples to Have Fairy Tale Weddings (Foxnews, 070405)
Evangelical Leader Responds to Attacks on Gay Baby Article (Christian Post, 070319)
Why real men confuse and anger Liberals (townhall.com, 070318)
Ex-Gay Backs Mohler: Homosexuality is a Sin (Christian Post, 070320)
Homosexual Practice Trumps Religious Belief: Outlawing Conscience (Christian Post, 070320)
What about the morality of homosexual behavior? (townhall.com, 070320)
Church Challenged to Be ‘Safe Place’ for Homosexuals, Says Anglican Head (Christian Post, 070329)
Evangelical Leader Urges Prayer for Gay Rights Activists (Christian Post, 070329)
**Black Lesbian Activist Turned Evangelist (Christian Post, 070401)
On “Outing” Gay Conservatives (townhall.com, 070403)
Gay Rights Bill Passes Oregon House (Foxnews, 070418)
‘Truth’ Counters Pro-Gay ‘Silence’ (Christian Post, 070419)
New Paradigm Helps Gays with Conflicting Religious Values (Christian Post, 070419)
Gay Conversion Not Biblical, Says Former Homosexual (Christian Post, 070414)
Expert Blasts Study on Gays Dying Younger as ‘Severely’ Flawed (Christian Post, 070418)
The I’s Have It: Three cheers for pro-life incrementalism. (National Review Online, 070419)
Partial Victory (National Review Online, 070419)
The Massacre of the Pulpit (townhall.com, 070423)
Normalizing Homosexuality: Coming to a School Near You (Christian Post, 070424)
‘Day of Silence’ Protesters Defended After School Suspensions (Christian Post, 070427)
House Passes Expanded Hate Crimes Bill (Christian Post, 070504)
Bush to Kill Pro-”Gay” Bill? (townhall.com, 070510)
Poll: Gay Tolerance Reaching Record Marks in America (Christian Post, 070529)
Gallup Poll on hate crimes measures feelings versus facts (Townhall.com, 070529)
Largest Ex-Gay Group Expanding Reach, Redemptive Message (Christian Post, 070530)
Change for Homosexuals Still Debated, Increasingly Acknowledged (Christian Post, 070619)
Exodus Freedom Speaker Warns of ‘The Gay Gospel’ (Christian Post, 070625)
**Clergy for Gay Rights (Christian Post, 070627)
Tony Campolo (Wikipedia, 0706)
Homosexual Curriculum Bill Passes Calif. Assembly Committee (Christian Post, 070628)
How a ‘gay rights’ leader became straight (WorldNetToday, 070703)
Pro-Homosexuality Classes to Hit Md. Schools (Christian Post, 070818)
Radical Gay Activist: ‘We Lose’ (Townhall.com, 070819)
Leading Gay Rights Activist Comes Out of Homosexuality, Tells His Story (Christian Post, 070705)
Texas Megachurch Harassed for Refusing to Host Pro-Gay Memorial (Christian Post, 070815)
Ministry Sues to Bar Same-Sex ‘Marriage’ in Church Facilities (Christian Post, 070819)
Hundreds in Uganda Denounce Homosexuality in Wide Protest (Christian Post, 070822)
==============================
“Coming out” age has dropped to 10 for boys, 12 for girls, academic says.
A TIME magazine cover story and a recent pro-homosexual school event should leave no doubt that homosexual activists are recruiting kids into homosexual sex and a “gay” identity, using “tolerance” as a ruse.
The TIME October 10 piece, “The Battle Over Gay Teens,” which includes not a single reference to the extremely dangerous medical consequences of homosexual behavior, especially for boys, includes these details:
• A cocktail party in Manhattan with billionaire liquor magnate Edgar Bronfman, Sr. and Clinton political strategist David Mixner was held in May to raise money for the Point Foundation, a scholarship program to turn “gay” kids into homosexual activists.
• From 100 gay/straight alliance (GSA) clubs in schools in 1997, the number has grown to “at least 3,000…nearly 1 in 10 high schools has one, according to the Gay Lesbian Straight Education Network (GLSEN).”
• The average age of males “coming out” as homosexual has “dropped to 10 for gays and 12 for lesbians,” according to the chair of Cornell University’s human-development program.
• “Gay kids can now watch fictional and real teens who are out on shows like Desperate Housewives, the dating show Next on MTV and Degrassi (a high school drama on the N network whose wild popularity among adolescents is assured by the fact that few adults watch). Publishers like Arthur A. Levine Books (of Harry Potter fame) and the children’s division of Simon & Schuster have released something like a dozen novels about gay adolescents in the past two years….Gay kids can now subscribe to the 10-month-old glossy YGA Magazine (YGA stands for ‘young, gay America’) and meet thousands of other little gays via young gay america. com (sic) or outproud.org.”
• “‘We’re gonna win,’ says [GLSEN founder Kevin] Jennings, speaking expansively of the gay movement, ‘because of what’s happening in high schools right now.’ … Jennings recalls that when he first started raising money more than a decade ago, ‘the attitude was either “Isn’t it cute that you’re working with kids?” or “Why are you working with kids? What are you, f------ crazy?”‘“
Editor’s note: In other settings Jennings has used the “f-word” to dismiss faith-based opponents, and has said he envisions a day when the schools openly embrace homosexuality. At a GLSEN conference, a teacher said she thought it was important to acquaint pupils with homosexuality beginning in kindergarten because “that’s when the saturation process begins.”
• At a youth retreat, the Point Foundation gave out gift bags to students containing, among other things, “a DVD of the film Hedwig and the Angry Inch, in which a teenage boy is masturbated by an adult” and “the Aug. 16 issue of the gay magazine The Advocate, whose cover featured a shirtless man and blared, SUMMER SEX ISSUE.”
• “Because he routinely sees young gays on MTV or even at school, a 14-year-old may now feel comfortable telling friends that he likes other boys, but that doesn’t mean he is ready to enfold himself in a gay identity.”
The article, to its credit, includes passages about the growing ex-”gay” movement, particularly for youths, and quotes Exodus International Youth Director Scott Davis about his group’s ministry, and Parents and Friends of Ex-Gays and Gays (PFOX) Executive Director Regina Griggs about the discrimination faced by groups that help people overcome homosexual desires.
But the overall impact of the article helps validate the idea of “gay kids,” and will undoubtedly induce some to act out their sexual curiosity since so many others appear to be doing so. The constant focus on homosexuality becomes a self-fulfilling prophecy, much as TIME’s frequent articles during the 1960s and 1970s about the “growing phenomenon” of illicit drug use helped spur some kids to try marijuana and LSD.
A Week-Long Effort in the Schools
GLSEN, meanwhile, has been extremely active in the schools. Their most recent effort, “National Ally Week,” was held September 19-24.
According to GLSEN’s Web site, more than 300 gay/straight alliance groups registered to pass out buttons, organize gender education activities, and promote the homosexual lifestyle. Ally Week encourages the recruitment of “straight” students as allies in the fight against bullying of LGBT (lesbian, gay, bisexual and transgendered) students. The “straight” allies are encouraged to speak out in defense of homosexuality.
GLSEN passed out “I am an ALLY” buttons through the GSAs, and the Web site encouraged students to arrange more specific activities to promote acceptance of “gay” students. The listed events included:
• “Organizing LGBT pizza parties, and after-school activities like LGBT Jeopardy or LGBT bingo.
• Informative tabling in school cafeterias.
• Student and/or teacher training workshops.
• Asking allies to attend regular GSA meetings.
• Constructing pro-LGBT bulletin boards.
• Bringing a local LGBT speaker to the school.”
Last April, GLSEN sponsored the annual “Day of Silence,” in which kids are supposed to remain silent all day in support of their “gay” classmates. April 26, 2006, is the next “Day of Silence.”
This past January, GLSEN headed the coalition sponsoring “No-Name Calling Week,” another platform for discouraging resistance to the promotion of homosexuality to school kids, with the next edition slated in January 2006. In effect, schoolchildren across the nation are being subjected to homosexual propaganda in schools via an event every few months.
GLSEN encourages teachers to organize and participate in GSA events. The group provides a web link that supplies educators with pro-LGBT resources. These include “gender liberation” coloring books; “gay” cartoon posters; and several posters challenging traditional views of gender. Teachers can download signs with inverted, rainbow-colored triangles proclaiming “Safe Zone” to put on their classroom door. They can also print off discussion kits on how to organize gender education sessions and start conversations about homosexuality with the children.
One poster, titled, “Things you can do to eradicate gender or multiply it exponentially,” features cross-dressing, and has these suggestions:
• “Think twice before you ask people if their child is a boy or a girl.
• Spend a day in drag.
• Refer to everyone by the incorrect pronoun.
• Challenge binary gender paradigms over Thanksgiving dinner.
• Hang out with children and teach them how to cross dress Barbie and G.I. Joe.
• Refuse to check off your sex when filling out forms.”
Clearly, the homosexual movement’s effort to recruit children has never been stronger than it is now.
Robert Knight is director of the Culture & Family Institute (CFI), an affiliate of Concerned Women for America. Benjamin Frichtl is a CFI intern and a student at Patrick Henry College.
==============================
Canadian Broadcast Company News Online
1965
Everett Klippert acknowledges to police that he is gay, has had sex with men over a 24-year period, and is unlikely to change. In 1967, Klippert is sent to prison indefinitely as a “dangerous sex offender,” a sentence which was backed up by the Supreme Court of Canada that same year.
December 22, 1967
Justice Minister Pierre Trudeau proposes amendments to the Criminal Code which, among other things, would relax the laws against homosexuality. Discussing the amendments Trudeau says,
“It’s certainly the most extensive revision of the Criminal Code since the 1950s and, in terms of the subject matter it deals with, I feel that it has knocked down a lot of totems and over-ridden a lot of taboos and I feel that in that sense it is new. It’s bringing the laws of the land up to contemporary society I think. Take this thing on homosexuality. I think the view we take here is that there’s no place for the state in the bedrooms of the nation. I think that what’s done in private between adults doesn’t concern the Criminal Code. When it becomes public this is a different matter, or when it relates to minors this is a different matter.”
1969
Trudeau’s amendments pass into the Criminal Code, decriminalizing homosexuality in Canada.
July 20, 1971
Everett Klippert is released.
December 16, 1977
Quebec includes sexual orientation in its Human Rights Code, making it the first province in Canada to pass a gay civil rights law. The law makes it illegal to discriminate against gays in housing, public accommodation and employment. By 2001, all provinces and territories take this step except Alberta, Prince Edward Island, and the Northwest Territories.
Jan. 5, 1978
The Pink Triangle Press (now publisher of Xtra magazine) is charged with “possession of obscene material for the purpose of distribution” and “the use of mails for the purpose of transmitting anything that is obscene, indecent or scurrilous” for publishing an article titled “Men Loving Boys Loving Men” in the Dec. 1977/Jan. 1978 issue of The Body Politic.
After almost six years in the courts, including two trials, the case is finally resolved when on Oct. 15, 1983 the deadline passes for the Crown to appeal the second court acquittal. (In the first trial, The Pink Triangle Press had also won an acquittal but upon appeal the Crown won a retrial.)
The case results in an important precedent. On June 15, 1982, Judge Thomas Mercer, the judge for the second trial, rules that the article “does, in fact, advocate pedophilia,” but says, “It is perfectly legal to advocate what in itself would be unacceptable to most Canadians.”
1978
Canada gets a new Immigration Act. Under the act, homosexuals are removed from the list of inadmissible classes.
1979
The Canadian Human Rights Commission recommends in its Annual Report that “sexual orientation” be added to the Canadian Human Rights Act.
May 2, 1980
Bill C-242, an act to prohibit discrimination on grounds of sexual orientation, gets its first reading in the House of Commons by MP Pat Carney. The bill, which would have inserted “sexual orientation” into the Canadian Human Rights Act, doesn’t pass.
MP Svend Robinson introduces similar bills in 1983, 1985 1986, 1989, and 1991. In 1991, Robinson tries to get the definition of “spouse” in the Income Tax Act and Canada Pension Plan Act to include “or of the same sex.” In 1992 he tries to get the “opposite sex” definition of “spouse” removed from Bill C-55 which would add the definition to survivor benefits provisions of federal pension legislation. All the proposed bills are defeated.
Feb. 5, 1981
More than 300 men are arrested following police raids at four gay bath houses in Toronto, the largest mass arrest since the War Measures Act was invoked during the October Crisis. The next night, about 3,000 people march in downtown Toronto to protest the arrests. This is considered to be Canada’s ‘Stonewall.’ (See world timeline for the 1969 “Stonewall Riots” in the U.S.)
October 1985
The Parliamentary Committee on Equality Rights releases a report titled “Equality for All.” The committee writes that it is shocked by the high level of discriminatory treatment of homosexuals in Canada. The report discusses the harassment, violence, physical abuse, psychological oppression and hate propaganda that homosexuals live with. The committee recommends that the Canadian Human Rights Act be changed to make it illegal to discriminate based on sexual orientation.
In March 1986, the government responds to the report in a paper titled “Toward Equality” in which it writes “the government will take whatever measures are necessary to ensure that sexual orientation is a prohibited ground of discrimination in relation to all areas of federal jurisdiction.”
1988
Svend Robinson, of the New Democratic Party, goes public about being gay, becoming the first Member of Parliament to do so. Robinson was first elected to the House of Commons in 1979. In 2000, the B.C. riding of Burnaby-Douglas (though its borders have changed) elected Robinson for the eighth time.
1991
Delwin Vriend, a lab instructor at King’s University College in Edmonton, Alberta, is fired from his job because he is gay. The Alberta Human Rights Commission refuses to investigate the case because the Alberta Individual Rights Protection Act does not cover discrimination based on sexual orientation.
Delwin Vriend
Vriend takes the government of Alberta to court and, in 1994, the court rules that sexual orientation must be added to the act. The government wins on appeal in 1996 and the decision is overturned. In November 1997, the case goes to the Supreme Court of Canada and on April 2, 1998 the high court unanimously rules that the exclusion of homosexuals from Alberta’s Individual Rights Protection Act is a violation of the Charter of Rights and Freedoms. The Supreme Court says that the act would be interpreted to include homosexuals even if the province doesn’t change it. The Alberta government does not use the notwithstanding clause despite pressure from conservative and religious groups.
August 1992
In Haig and Birch v. Canada, the Ontario Court of Appeal rules that the failure to include sexual orientation in the Canadian Human Rights Act is discriminatory. Federal Justice Minister Kim Campbell responds to the decision by announcing the government would take the necessary steps to include sexual orientation in the Canadian Human Rights Act.
November 1992
The federal court lifts the country’s ban on homosexuals in the military, allowing gays and lesbians to serve in the armed forces.
Dec. 9, 1992
As promised, Justice Minister Kim Campbell introduces Bill C-108 which would add “sexual orientation” to the Canadian Human Rights Act. But the act, which would also restrict the definition of “marital status” to opposite-sex couples, doesn’t pass first reading.
On June 3, 1993, the Senate passes Bill S-15, another attempt at adding “sexual orientation” to the Canadian Human Rights Act, but the bill doesn’t make it to the House of Commons because Parliament is dissolved for the 1993 federal election.
Feb. 23, 1993
In the Mossop case, the Supreme Court of Canada rules that the denial of bereavement leave to a gay partner is not discrimination based on family status defined in the Canadian Human Rights Act. The case isn’t a complete loss to homosexuals though. Two of the judges find the term “family status” was broad enough to include same-sex couples living together in a long-term relationship. The Supreme Court also notes that if Section 15 of the Charter of Rights and Freedoms had been argued, the ruling might have been different.
Jim Egan
May 1995
The Supreme Court rules on the case involving Jim Egan and Jack Nesbit, two gay men who sued Ottawa for the right to claim a spousal pension under the Old Age Security Act. The Court rules against Egan and Nesbit. However, all nine judges agree that sexual orientation is a protected ground and that protection extends to partnerships of lesbians and gay men.
May 1995
An Ontario Court judge finds that the Child and Family Services Act of Ontario infringes Section 15 of the Charter by not allowing same-sex couples to bring a joint application for adoption. He rules that four lesbians have the right to adopt their partners’ children. Ontario becomes the first province to make it legal for same-sex couples to adopt.
British Columbia, Alberta and Nova Scotia follow suit, also allowing adoption by same-sex couples. Other provinces are looking into the issue.
1996
The federal government passes Bill C-33 which adds “sexual orientation” to the Canadian Human Rights Act.
May 1999
The Supreme Court of Canada rules same-sex couples should have the same benefits and obligations as opposite-sex common-law couples and equal access to benefits from social programs to which they contribute.
The ruling centred on the “M v. H” case which involved two Toronto women who had lived together for more than a decade. When the couple broke up in 1992, “M” sued “H” for spousal support under Ontario’s Family Law Act. The problem was that the act defined “spouse” as either a married couple or “a man and woman” who are unmarried and have lived together for no less than three years.
The judge rules that the definition violates the Charter of Rights and Freedoms and declares that the words “a man and woman” should be replaced with “two persons.” “H” appeals the decision. The Court of Appeal upholds the decision but gives Ontario one year to amend its Family Law Act.
Although neither “M” nor “H” chooses to take the case any further, Ontario’s attorney general is granted leave to appeal the decision of the Court of Appeal which brought the case to the Supreme Court of Canada.
The Supreme Court rules that the Ontario Family Law Act’s definition of “spouse” as a person of the opposite sex is unconstitutional as was any provincial law that denies equal benefits to same-sex couples. Ontario is given six months to amend the act.
June 8, 1999
Although many laws will have to be revised to comply with the Supreme Court’s ruling in May, the federal government votes 216 to 55 in favour of preserving the definition of “marriage” as the union of a man and a woman. Justice Minister Anne McLellan says the definition of marriage is already clear in law and the federal government has “no intention of changing the definition of marriage or legislating same-sex marriage.”
Oct. 25, 1999
Attorney General Jim Flaherty introduces Bill 5 in the Ontario Legislature, an act to amend certain statutes because of the Supreme Court of Canada decision in the M. v. H. case. Instead of changing Ontario’s definition of spouse, which the Supreme Court essentially struck down, the government creates a new same-sex category, changing the province’s Family Law Act to read “spouse or same-sex partner” wherever it had read only “spouse” before. Bill 5 also amends more than 60 other provincial laws, making the rights and responsibilities of same-sex couples mirror those of common-law couples.
Feb. 11, 2000
Prime Minister Jean Chrétien’s Liberals introduce Bill C-23, the Modernization of Benefits and Obligations Act, in response to the Supreme Court’s May 1999 ruling. The act would give same-sex couples who have lived together for more than a year the same benefits and obligations as common-law couples.
In March, Justice Minister Anne McLellan announces the bill will include a definition of marriage as “the lawful union of one man and one woman to the exclusion of all others.”
On April 11, 2000, Parliament passes Bill C-23, with a vote of 174 to 72. The legislation gives same-sex couples the same social and tax benefits as heterosexuals in common-law relationships.
In total, the bill affects 68 federal statutes relating to a wide range of issues such as pension benefits, old age security, income tax deductions, bankruptcy protection and the Criminal Code. The definitions of “marriage” and “spouse” are left untouched but the definition of “common-law relationship” is expanded to include same-sex couples.
March 16, 2000
Alberta passes Bill 202 which says that the province will use the notwithstanding clause if a court redefines marriage to include anything other than a man and a woman.
July 21, 2000
British Columbia’s Attorney General Andrew Petter announces he will ask the courts for guidance on whether Canada’s ban on same-sex marriages is constitutional, making his province the first to do so. Toronto was the first Canadian city to ask for clarification on the issue when it did so in May 2000.
Dec. 10, 2000
Rev. Brent Hawkes of the Metropolitan Community Church in Toronto reads the first “banns” – an old Christian tradition of publishing or giving public notice of people’s intent to marry – for two same-sex couples. Hawkes says that if the banns are read on three Sundays before the wedding, he can legally marry the couples.
The reading of banns is meant to be an opportunity for anyone who might oppose a wedding to come forward with objections before the ceremony. No one comes forward on the first Sunday but the next week two people stand up to object, including Rev. Ken Campbell who calls the procedure “lawless and Godless.” Hawkes dismisses the objections and reads the banns for the third time the following Sunday.
Consumer Minister Bob Runciman says Ontario will not recognize same-sex marriages. He says no matter what Hawkes’ church does, the federal law is clear. “It won’t qualify to be registered because of the federal legislation which clearly defines marriage as a union between a man and a woman to the exclusion of all others.”
The two same-sex couples are married on Jan. 14, 2001. The following day, Runciman reiterates the government’s position, saying the marriages will not be legally recognized.
May 10, 2002
Marc Hall
Ontario Superior Court Justice Robert McKinnon rules that a gay student has the right to take his boyfriend to the prom.
Earlier, the Durham Catholic District School Board said student Marc Hall couldn’t bring his 21-year-old boyfriend to the dance at Monsignor John Pereyma Catholic high school in Oshawa. Officials acknowledge that Hall has the right to be gay, but said permitting the date would send a message that the Church supports his “homosexual lifestyle.”
Hall went to the prom.
July 12, 2002
For the first time a Canadian court rules in favour of recognizing same-sex marriages under the law. The Ontario Superior Court rules that prohibiting gay couples from marrying is unconstitutional and violates the Charter of Rights and Freedoms. The court gives Ontario two years to extend marriage rights to same-sex couples.
As a result of the Ontario ruling, the Alberta government passes a bill banning same-sex marriages and defines marriage as exclusively between a man and a woman. The province says it will use the notwithstanding clause to avoid recognizing same-sex marriages if Ottawa amends the Marriage Act.
Also, a ruling against gay marriages is expected to be heard in B.C. by the province’s Court of Appeal in early 2003, and a judge in Montreal is to rule on a similar case.
July 16, 2002
Ontario decides not to appeal the court ruling, saying only the federal government can decide who can marry.
July 29, 2002
On July 29, the federal government announces it will seek leave to appeal the Ontario court ruling “to seek further clarity on these issues.” Federal Justice Minister Martin Cauchon says in a news release, “At present, there is no consensus, either from the courts or among Canadians, on whether or how the laws require change.”
Aug. 1, 2002
Toronto City Council passes a resolution calling the common-law definition restricting marriage to opposite sex couples discriminatory.
Nov. 10, 2002
An Ekos poll commissioned by CBC finds that 45 per cent of Canadians would vote Yes in a referendum to change the definition of marriage from a union of a man and a woman to one that could include a same-sex couple.
Feb. 13, 2003
New Democrat MP Svend Robinson unveils a private member’s bill that would allow same-sex marriages. The federal government has already changed several laws to give same-sex couples the same benefits and obligations as heterosexual common-law couples.
Michael Stark and Michael Leshner
June 10, 2003
The Ontario Court of Appeal upholds a lower court ruling to legally allow same-sex marriages. “The existing common law definition of marriage violates the couple’s equality rights on the basis of sexual orientation under (the charter),” read the decision. The judgment follows the Ontario Divisional Court ruling on July 12, 2002.
Hours after the ruling, Michael Leshner and Michael Stark are married in a ceremony in Toronto. Both men played a key role in the court case.
June 11, 2003
Ontario attorney general Norm Sterling announces that the province will obey the law and register same-sex marriages. Nearly two dozen homosexual couples applied for marriage licences in Ontario on June 10.
June 17, 2003
Prime Minister Jean Chrétien announces legislation to make same-sex marriages legal, while at the same time permitting churches and other religious groups to “sanctify marriage as they see it.” It means Ottawa will not appeal two provincial court rulings allowing same-sex unions. “There is an evolution in society,” Chrétien said.
July 8, 2003
British Columbia becomes the second province to legalize same-sex marriages. The British Columbia Court of Appeal lifts its ban on same-sex marriages, giving couples in the province the right to marry immediately. The decision alters a ruling that would have made same-sex marriages legal, but not until July 2004. The court had already agreed that the definition of marriage should be the union of “two persons” rather than of “one man and one woman.” Ontario was the first province to recognize same-sex marriages as legal.
July 17, 2003
Ottawa reveals the exact wording of historic legislation that would allow gay couples to marry. The Act Respecting Certain Aspects of Legal Capacity for Marriage was sent to the Supreme Court of Canada for review. According to the draft bill, “marriage for civil purposes is the lawful union of two persons to the exclusion of all others. The Supreme Court is being asked: whether or not Parliament has the exclusive legal authority to define marriage; if the proposed act is compatible with the Charter of Rights and Freedoms and whether or not the Constitution protects religious leaders who refuse to sanctify same-sex marriages.
If the country’s top justices decide that the draft legislation is constitutional, it will be put to a free vote in the House of Commons - meaning members of Parliament would not have to vote according to party lines.
Aug. 13, 2003
Prime Minister Jean Chrétien vows not to let religious objections alter his stand on same-sex marriage. He says members of Parliament will be allowed to vote freely on the bill when it’s introduced in the House of Commons after his retirement in 2004. A significant number of Liberal MPs say they do not support same-sex unions and will vote against the legislation.
Aug. 14, 2003
After extensive and emotional debate, the United Church of Canada votes overwhelmingly to endorse same-sex marriages. The majority of delegates at the church’s general council meeting in Wolfville, N.S., vote to ask Ottawa to recognize same-sex marriage in the same way as heterosexual ones.
Aug. 18, 2003
The Archbishop of St. John’s defends his censure of a local parish priest, saying Father Paul Lundrigan’s comments were unacceptable within the Catholic Church. In a sermon one week earlier, Lundrigan challenged the Catholic Church’s campaign against legalizing same-sex marriage. Lundrigan called the church hypocritical, criticizing it for fighting same-sex marriages while it remained silent about sexual abuse by clergy members.
Sept. 9, 2003
A gay and lesbian group goes to trial against the federal government in an attempt to force Ottawa to extend survivor benefits to excluded gays and lesbians. Gay and lesbian partners - pursuing Canadian Pension Plan benefits from their deceased partners - say the federal government is discriminating against them and have filed a $400-million class-action suit.
September 16, 2003 [Kwing Hung: two consecutive days of Canadian shame]
The Canadian Alliance moved a motion to affirm traditional marriage. It was narrowly defeated by the Liberal government.
September 17, 2003
Bill C-250 (against hate crime targetting sexual orientation) drafted by a homosexual NDP MP passed the House of Commons with the help of the Liberal government.
Nov. 27, 2003
Alliance Leader Stephen Harper Thursday fires MP Larry Spencer as family issues critic after Spencer said homosexuality should be outlawed. Spencer told the Vancouver Sun that homosexuality is part of a “well orchestrated” conspiracy that should be outlawed, a Canadian Alliance MP says.
Dec. 19, 2003
An Ontario court rules that Ottawa has discriminated against same-sex couples by denying benefits to those whose partners died before 1998. The court rules that benefits will be retroactive to April 17, 1985, when equality rights in the Charter of Rights and Freedoms came into effect.
==============================
August 6, 1885 – The United Kingdom
The British Parliament votes to make homosexual acts a criminal offense.
1930s – Europe
Adolf Hitler takes power and launches a campaign against Jews and other groups. Thousands of homosexuals are sent to concentration camps. Gay men are identified with pink triangles and lesbians are identified with black triangles.
1961 – The United States
Illinois repeals its sodomy laws making it the first state in the U.S. to decriminalize homosexuality between consenting adults in private. The law takes effect in 1962. Connecticut follows in 1969 with the law taking effect in 1971. In the 1970s a rush of other states decriminalize homosexuality including Colorado, Oregon, Ohio, Hawaii, Delaware, New Hampshire, Maine, California, Washington, New Mexico, West Virginia, South Dakota, Indiana, Iowa, Wyoming, North Dakota, Vermont, Arizona, and New Jersey.
July 27, 1967 – The United Kingdom
Britain decriminalizes homosexuality between consenting adults in private, except for those in the military and police.
June 27, 1969 – The United States
At about midnight, New York City police raid the Stonewall Inn, a private gay club on St. Christopher St. in Greenwich Village. Raids on gay and lesbian bars were common but this time people fight back. The events of June 17, 1969 and the violent protests that occurred during the nights that followed are known as The Stonewall Riots, which is seen as the beginning of the gay civil rights movement in the United States.
February 25, 1982 – The United States
Wisconsin becomes the first state in the U.S. to pass a gay civil rights law. Massachusetts, Connecticut, Minnesota and Rhode Island follow, with Massachusetts passing a law forbidding the placement of children for adoption or foster care with gay people.
July 27, 1982 – The United States
The U.S. Centers for Disease Control and Prevention replaces the acronym GRIDS (Gay Related Immune Deficiency Syndrome) with AIDS (Acquired Immune Deficiency Syndrome).
December 1, 1988 – Switzerland
The first World AIDS Day is held by the World Health Organization.
October 1, 1989 – Denmark
Denmark becomes the first country to legally recognize same-sex partnerships, essentially sanctioning gay marriages. The Danish Registered Partnership Act states “Two persons of the same sex may have their partnership registered” and “the registration of a partnership shall have the same legal effects as the contracting of marriage.”
By 2001, Norway, Sweden, Iceland, the Netherlands and France recognize registered partnerships and Italy, Spain and Israel are considering adopting similar legislation.
July 1, 2000 – The United States
Vermont’s civil union law comes into effect making it the first state in the U.S. to provide same-sex couples with rights, benefits and responsibilities similar to those of heterosexual couples, including medical decision-making, tax breaks and inheritance. However, the unions won’t be recognized in other states.
Hawaii allows adults who can’t legally marry to register as domestic partners.
April 1, 2001 – The Netherlands
The Netherlands jumps to the forefront when its lower house of parliament enacts the world’s most comprehensive legal recognition of gay rights. The Dutch law allows same-sex couples to marry and gives them the same rights as heterosexuals when it comes to adopting. The only restrictions to the new law are that same-sex couples can only adopt Dutch children, and foreign same-sex couples can’t come to the Netherlands to marry unless one of them lives there.
The law tops Denmark’s law, which allows gays and lesbians to adopt their partners’ children but not children outside the marriage.
Pope John Paul II criticizes the new law saying no adult relationship other than that of a man and a woman should be recognized as marriage.
June 7, 2003 – The United Kingdom
An openly gay Anglican priest announces he will not accept an appointment as bishop of Reading after bitter arguments within the Church of England. Canon Jeffrey John acknowledges that he’s in a long-term relationship with a man, but says he’s been celibate since the 1990s. Traditionalist groups within the Church insist the Bible forbids homosexuality.
July 31, 2003 – The Vatican
The Vatican issues a 12-page set of guidelines, approved by Pope John Paul, warning Catholic politicians that it is immoral to support same-sex unions. “There are absolutely no grounds for considering homosexual unions to be in any way similar or even remotely analogous to God’s plan for marriage and family,” it says. “Marriage is holy, while homosexual acts go against the natural moral law.”
August 5, 2003 – The United States
Episcopalian Church leaders in the United States vote to accept the election of the American Anglican church’s first openly gay bishop. The vote was 62-to-45 to confirm Rev. Gene Robinson as the new bishop of New Hampshire. Robinson, 56, is a divorced father of two. He has been living with his partner for 13 years. Conservative church members warn that Robinson’s installation could trigger a split in the church.
Nov. 3, 2003 – The United States
Rev. Gene Robinson becomes the first openly gay Anglican bishop. Before the consecration, two Episcopal clerics read letters of protest denouncing Robinson’s appointment as Bishop of New Hampshire.
==============================
April 30 is L-Day across North America, and Ottawa is no exception
Depending on your politics, U.S. sitcom star Ellen DeGeneres is a role model, an abomination, the butt of jokes or a great excuse to party.
At Franky’s on Frank, a gay bar in downtown Ottawa, champagne cocktails will be poured, starting at 6 p.m., April 30. At 8 p.m., the music will be turned down and all eyes will be glued to a giant television screen to watch Ms. DeGeneres do her stuff.
Across North America, April 30 is L-Day, the day Ms. DeGeneres, in the role of Ellen Morgan on the ABC comedy Ellen, acknowledges what every TV-watching gay person figured out years ago: Ellen is a lesbian.
There will be parties and protests across the continent.
In an Outaouais home north of Hull, a graphic artist, who is not about to declare her homosexuality on television, is throwing a party for 30 to 40 of her closest lesbian friends on April 30.
“Nan,” as she asks to be identified, is not marking any rite of passage for lesbians, nor celebrating the new acceptance of lesbians on mainstream TV.
Instead, she is protesting the fact that some big companies like Chrysler pulled their commercials from Ellen to avoid being associated with North America’s newest and most famous lesbian.
Nan and her guests plan to send a joint letter of complaint to Chrysler, adding: “Some of us even drive Chryslers.”
Ms. DeGeneres’s coming out has pushed North America into one of the more controversial homosexual sagas since a gang of drag queens fought back against New York City police in 1969 in the Stonewall Riot and launched the gay liberation movement.
Some homosexual rights lobby groups, like the Washington-based Human Rights Campaign, have entered the fray with everything from angry political statements to free “Ellen Coming Out Day” party kits.
Human Rights Campaign has so far received more than 2,000 requests for its special party kits (available by calling 202-628-4160). They include posters, party invitations, party planning tips, an Ellen trivia game and a video with a gay-positive message.
In Toronto, lesbian comic Maggie Cassella is practising her routines for a gay and lesbian comedy festival in that city next week. Ellen, it seems, will come in for both praise and damnation from Cassella and other comedians.
Ms. Cassella wants to treat the Ellen story with compassion in her stand-up routines. But she’s also skeptical.
“Why did it take her 19 years to come out of the closet?” she asks. “Couldn’t she find a therapist?”
Ms. Cassella also plans to poke fun at some of the gay activists playing politics with the Ellen controversy. The J.C. Penney department store chain, like Chrysler, has pulled commercials from Ellen. Some gay groups are asking people to cut up their Penney credit cards and to boycott the chain known for its conservative, middle American fashions.
“Really,” wonders Ms. Cassella, “what gay person would have a J.C. Penney card?”
Many members of the gay and lesbian community are uncertain just how to react to the Ellen phenomenon, wondering if the coming out has more to do with boosting the ratings of a mediocre TV show (in the ratings sweeps week no less), or with the liberation of Ms. DeGeneres or of prime-time TV.
And the huge fuss created by large advertisers boycotting the show demonstrates that society may not have advanced or become as liberated as many homosexuals hope.
Ms. DeGeneres has already made the cover of Time magazine by stepping out of the closet. She will step out again for TV viewers in an interview April 25 on 20/20.
Ms. DeGeneres’s coming out ordinarily would probably have been but a footnote in the annals of the entertainment industry and of gay pride. Look at Canadian singer k.d. lang. People made more of a fuss about her vegetarianism than her sex life. And no one batted an eye when Canadian actor Scott Thompson, of Kids in the Hall fame, came screaming out of the closet with a feather boa in one hand and a martini glass in the other.
This announcement has become a mega-event not because Ellen DeGeneres is exposing her sexual orientation. It’s because Ellen Morgan, the TV character, is also coming out.
Jerry Falwell of the U.S. Moral Majority has branded Ms. DeGeneres “Ellen DeGenerate” for exposing prime-time audiences to lesbianism.
Mr. Falwell and others likely wouldn’t have bothered commenting if only Ellen DeGeneres had talked about herself. That is because Ms. DeGeneres can be dismissed as just another eccentric Hollywood actor with no connection to the real world. But Ellen Morgan is the wholesome girl next door, the seemingly normal woman who enters peoples’ living rooms each week.
Now, Ellen Morgan has become a lesbian. Her life will never be the same. The show will never be the same. And, it seems, Mr. Falwell and his allies fear North America’s living rooms will never be the same.
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VATICAN CITY (Reuter) --Homosexuals can achieve holiness in the Roman Catholic Church but only if they follow the Church’s rules of abstaining from sexual activity, the Vatican newspaper said Wednesday.
In an article concluding a 14-part series of reflections on homosexuality and Christianity, the semi-official newspaper L’Osservatore Romano also said some priests needed to overcome their “fears and repulsion” of homosexuals.
“God loves all of us as we are, with our limits, our peculiarities, which can become paths to holiness,” said the article, written by Jean-Louris Brugues, a member of the International Theological Commission.
The article, however, repeated the Church position that homosexuality or homosexual tendencies were not wrong or sinful but that homosexual acts were. It referred to homosexual acts as “genital practices.”
It also restated themes from a major 1986 Vatican document that deplored violence against homosexuals. It said Catholics, including priests, should not show “contempt” for homosexuals but treat them with the same charity as they would other Christians.
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NEW YORK --In the first salvo of a campaign that may eventually target numerous U.S. corporations, a coalition of conservative Christian groups has accused American Airlines of promoting homosexuality and warned that the airline faces economic sanctions from conservative Christians.
In an open letter to American, the coalition --which comprises some of the most influential bodies in the conservative Christian movement --accuses the airline of offering gays and lesbians “special privileges,” both in the workplace and in the marketplace. The airline denies the allegation.
At issue are company policies forbidding discrimination based on sexual orientation, targeting the homosexual market, allowing the formation of gay and lesbian employee groups, and sponsoring gay organizations and events.
The airline argues that what the coalition calls “special privileges” is really a policy of equal protection in the workplace and evenhandedness in the marketplace.
“We take real umbrage at this ‘special privileges’ claim,” American Airlines spokeswoman Andrea Rader said. “No one here is getting special rights.”
The coalition’s letter contends that homosexuality “is immoral, unhealthy and destructive to individuals, families and societies.” Although it falls short of explicitly calling for a boycott of the airline, the letter warns that “millions of American’s customers who are pro-family ... vote with their pocketbooks.”
Rader responds that American is engaged in a balancing act: While the company allows a homosexual employee group, it also allows, among others, a Christian employee group; while the company forbids discrimination on the basis of sexual orientation, it also forbids discrimination on the basis of race and religion; while the company provides special discounts to the homosexual community, it makes similar offers to other identifiable communities, among them Christians; and while the company sponsors homosexual groups and events, it makes comparable provisions for other organizations and their programs.
“It’s a policy of neutrality, not an endorsement of homosexuality,” Rader said.
John Aman, a spokesman for the Fort Lauderdale-based Coral Ridge Ministries whose president, D. James Kennedy, is one of the letter’s signatories, disagreed.
“What they call ‘neutrality’ is a moral indifference to a behavior that until 30 years ago was illegal in every state in the union,” he said. “Would they adopt this approach to, for example, a group of white racists? They’re allowing their company logo to appear on material promoting homosexual events --if that’s not an endorsement, I don’t know how else to characterize it.”
The coalition is reported to have tentative plans to pursue similar strategies against other corporations with policies comparable to American, among them American Express and IBM. Earlier this year, Coral Ridge Ministries contacted the Disney Corporation to demand that it stop providing benefits to the domestic partners of homosexual employees. It also called on the company to produce more “family-friendly entertainment.”
Signatories to the original letter include Gary Bauer of the Family Research Council in Washington, D.C., Beverly La Haye of the Concerned Women for America in Washington, D.C., and Donald Wildmon of American Family Association in Tupelo, Miss. Subsequent editions were signed by, among others, James Dobson of Focus on the Family in Colorado Springs, CO.
With the exception of Aman, none of the groups responded to calls from FOX News.
In a related press release, the coalition claims American has sponsored “homosexual ‘circuit’ parties at which illicit drug-use and promiscuous sex occur,” accusations based on a Family Research Council representative’s alleged eyewitness account of an April 13, 1996 event in the nation’s capital.
Rader responded angrily that the event in question was a benefit for the Whitman Walker Clinic, which provides food to people with AIDS: “I can tell you without equivocation that none of our people at the fund raiser --gay or straight --saw any of the activities alleged.”
Undaunted, the coalition is threatening to ratchet up its attack on American with a full-page ad in USA Today, the content of which, Aman said, would not differ significantly from the letter. The ad has not yet run, he said, because the coalition and the newspaper have been unable to “reach agreement” --on what, Aman would not say.
USA Today’s director of media relations, Steve Anderson, was similarly reticent: “I’m not going to get into a pissing match with them through you,” he said. “We don’t talk about any ads that may or may not appear in the paper. It may be that we asked them to change some things or reword some things because we’re a family newspaper, but I don’t know, I can’t speak directly to it.”
The letter repeats the much-disputed notion that unlike, say, race or gender, homosexuality is a reversible behavioral choice. It accuses the airline of reinforcing rather than “healing” this choice, and that while people are entitled to protection from discrimination based on innate characteristics, they are not entitled to similar protection for their choices.
“You need to support positive policies that promote healthy families,” the letter states, “not policies that promote even more sexual ambiguity and less commitment to traditional family life.”
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WASHINGTON (AP) --President Clinton renewed his support Thursday for a bill that would outlaw employment discrimination against homosexuals, saying such bias must be eliminated “in our country and in our hearts.”
During a closed half-hour White House meeting with the bill’s sponsors, gay and civil rights advocates, Clinton said he intends to lobby hard for passage of the bill, which would bar firing or discriminating against an employee on the basis of sexual orientation.
“Individuals should not be denied a job on the basis of something that has no relationship to their ability to perform their work,” Clinton said in a statement. “This is wrong.”
Conservative groups say they will fight the legislation, arguing that it unfairly forces employers to have inappropriate, on-the-job discussions about sexuality and gives homosexuals an advantage in hiring.
“What this would do is to force sexual politics into every workplace in America,” said Kristi Hamrick, spokeswoman for the Family Research Council, a private family issues think tank. “It’s just a very dangerous step to take, and a very unnecessary one.”
The legislation bars employers from using a worker’s sexual orientation as a factor in decisions on hiring or firing, promotion or compensation. The Senate rejected the bill in September on a 50-49 vote. The House never voted on it, and its sponsors plan to reintroduce it soon.
The bill exempts small businesses, the military, religious organizations and schools or educational institutions run by religious groups. Clinton said the exemptions improve the bill’s chances of passage, because it “respects the deeply held religious beliefs of many Americans.”
“I support it and I urge all Americans to do so,” Clinton said. “It is about our ongoing fight against bigotry and intolerance, in our country and in our hearts.”
Currently, gay workers in 41 states could be fired or denied jobs or a promotion because of their sexuality, and most cannot seek relief in state or federal courts. Nine states have laws or other rules that extend to homosexuals job protections similar to those offered on the basis of age, race, religion or gender.
Three of the bill’s sponsors, Sens. Edward Kennedy, D-Mass., and Joseph Lieberman, D-Conn., and Rep. Barney Frank, D-Mass., said they are optimistic that Clinton, whose lobbying brought the bill close to Senate passage in the last Congress, would be able to help push it through this year.
“I am confident this bill will become law,” said Frank, who is gay. However, he added, “I wouldn’t want to bet the farm that it happens this year.”
A June 1996 poll by The Associated Press indicated that 85 percent of Americans favor equal rights for homosexuals in job opportunities, while 10 percent are oppose. The poll involved 1,019 adults and had a margin of error of plus or minus 3 percentage points.
A poll released Thursday by the Human Rights Campaign, the nation’s largest gay political organization, suggested that 68 percent of voters support the jobs legislation. The survey of 1,000 adults, conducted April 8-10, had a margin of error of 3.1 percentage points.
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After much hype Disney owned ABC Television has Ellen Morgan, lead character of the TV show Ellen, “come out” as a homosexual. This marks the first time that the lead character of a television show is openly gay or lesbian. Shortly after the annoucement, Ellen DeGeneres the actress who plays Ellen Morgan, reveals to Time magazine and on ABC’s Primetime Live that she too is a lesbian.
Disney subsidiary Hollywood Records is distributing records by the group Danzig whose music is “laced with Satanic themes.” Los Angeles Times, 10/18/96
Company executives, including Chairman Michael Eisner, work with Hollywood Supports, a homosexual advocacy group whose focus is to promote the gay agenda in the workplace. Hollywood Supports online
Disney has extended company health benefits to live-in partners of homosexual employees. (The policy does not cover unmarried heterosexual couples who live together.) The Orlando Sentinel, 10/7/95; USA Today, 10/19/95; Daily Variety, 10/9/95
Eisner and The Walt Disney Company are both donors to People For the American Way (PAW), a group whose stated goal is to “monitor and counter the divisive agenda of the Religious Right.” PAW Annual Report
In June, 1996, the company hosted the 6th annual “Gay and Lesbian Day at Walt Disney World.” In a cartoon, homosexual organizers portrayed Mickey Mouse and Donald Duck as homosexual lovers; and Minnie Mouse and Daisy Duck as lesbians. Disney has not publicly objected. An Orlando Weekly writer says, “Take away the gay workers and Disney World becomes the planet’s largest self-service theme park.”
Disney helped underwrite the 1993 Hollywood benefit for the National Gay and Lesbian Task Force. The Press Enterprise, 12/28/93
Disney advertised in Out, a homosexual magazine. Out, 2/94
Tom Shumacher, Disney VP of feature animation, is an open homosexual who takes his “husband” to executive retreats. In an interview with the homosexual publication The Advocate, Shumacher said: “There are a lot of gay people (at Disney) at every level. It is a very supportive environment.” Human Events, 8/12/94; The Advocate 6/25/94
Disney hired avowed lesbian Lauren Lloyd to develop female and lesbian movies. Out, 11/94
The May, 1995, issue of Buzz magazine reported that a homosexual rights activist said that she was once told by Disney Chairman Michael Eisner that “as many as 40% of the company’s 63,000 employees might be gay.” The cover story, entitled “Disney Comes Out of the Closet,” also reported that Disney has the “largest lesbian and gay employees organization in the entertainment industry” and that the perception of Disney as having many homosexual employees is “well founded.” In addition to Schumacher, Buzz names prominent openly homosexual Disney executives: production vice president Lauren Lloyd of Disney’s Hollywood Pictures; studio producer Laurence Mark; supervising animator Andreas Deja, the man responsible for the character of Gaston in Beauty and the Beast; senior vice president at Disney’s interactive division Steven Fields; Rick Leed, who heads the production company that produces the television sitcom Home Improvement. Disney training coordinator Jimi Ziehr said that at Disney’s Epcot Center in Orlando, Florida, “gays outnumber the straights at Futureland operations, and there’s nothing in the closet at Guest Relations.” Buzz, 5/95
Hyperion Press, a Disney-owned subsidiary, published Lettin’ It All Hang Out, the autobiography of RuPaul, a well-known “drag queen” (transvestite) entertainer.
Hyperion Press published Growing Up Gay. Written by three homosexual comedians, the book is aimed at “gay youngsters who were bred by heterosexuals.”
Hyperion is planning to publish Daniel Harris’ book about “gay culture.” Harper’s magazine, 12/95
Actors Ernie Sabella and Nathan Lane said that the characters they played (Timon, the meerkat, and Pumbaa, the wart hog) in The Lion King are “the first homosexual Disney characters ever to come to the screen.” NY Times, 6/12/94
Disney signed Martin Scorsese, the director of The Last Temptation of Christ, Casino, Taxi Driver and many other hard-edged films to a 4-year-contract. Daily Variety, 1/30/96
Disney hired Victor Salva, a convicted child molester, to direct its movie Powder. When Salva’s victim, Nathan Winters (now 20), publicized the hiring, some of the police officers who investigated the 1987 molestation were incredulous that Salva was working again as a movie director. “It just blows me away,” said Officer Gary Primavera. “He has serious signs of being a pedophile.” Responding to Winter’s demand that Disney fire Salva, Disney’s John Dreyer said, “What’s the point other than you want to make headlines?” Washington Times, 10/25/95
Disney hired Kevin Smith to produce two movies: Dogma, which asserted that Christian beliefs are little more than mythology, and Chasing Amy about a man’s pursuit of a lesbian. Daily Variety, 11/3/95
Mark Gill, the president of Disney-owned Miramax admitted that his company thrives on racy, often violent promotion for its movies. Daily Variety 9/13/95
In the 1994 Disney movie The Santa Clause, the number of an actual phone sex line appears in a scene. The movie is aimed at children and families. Associated Press, 5/1/96
Priest (Miramax) is a pro-homosexual movie which depicts five Catholic priests as dysfunctionals and blames their problems on Church teachings. One priest is a homosexual; a second an adulterer; a third an alcoholic; a fourth demented; and the fifth just plain mean and vicious. The film is blatantly anti-Christian. The Advocate, 4/4/95, 4/18/95; Family Issues Alert, 3/30/95
Pulp Fiction (Miramax) is a seedy, hyper-violent movie that was first rated NC-17 (formerly “X”). Further editing gave it an R rating. Entertainment Weekly, 6/10/94; Daily Variety, 6/15/94
Color of Night (Hollywood Pictures) featured full frontal nudity. Entertainment Weekly, 6/10/94; Daily Variety, 6/15/94
The Advocate (Miramax) is filled with nudity. The movie was rated NC-17 (formerly “X”), but on appeal (and after cutting out a 12-second sex scene) it was given an R. Daily Variety, 8/17/94
Clerks (Miramax), a black and white film about New Jersey convenience store clerks, was originally rated NC-17 because graphic and sexually explicit language is woven throughout the film. On appeal, it was given an R rating. Daily Variety, 10/12/94
Kids (Miramax) was described by Daily Variety magazine as “one of the most controversial American movies ever made.” According to Newsweek, “the film follows a number of barely pubescent looking boys and girls around New York City as they smoke pot, bait gays, beat a black man and engage in graphic sex.” Under pressure Miramax formed an independent company to market and distribute the pornographic movie. Daily Variety, 1/27/95; Newsweek, 2/20/95; Wall Street Journal, 3/30/95; AP, 6/29/95
Chicks in White Satin (Hollywood Pictures) is a film about a lesbian couple who decide on a semitraditional “commitment celebration.” Glamour, 8/9/94
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Homosexuality. Violence. Anti-Christian themes. Incest. Graphic sex. Hard drug use. Profanity and obscenity. All these now share a strange legacy with Pinnochio, Snow White, Peter Pan and the Little Mermaid as hallmarks of the Walt Disney Company. This radical departure from traditional Disney values is nowhere more evident than in the company’s headlong rush to promote homosexuality as normal and to profit enormously from that promotion.
Disney and the homosexual agenda
When Disney extended company benefits to the same-sex partners of its homosexual employees, it was following a blueprint developed by Hollywood Supports, a powerful workplace advocacy group that wants to influence cultural attitudes concerning homosexuality. Hollywood Supports was founded in 1991 by two Hollywood moguls: Barry Diller, chairman of the Home Shopping Network, and Sid Sheinberg of MCA/Universal. The group managed to influence every major U.S. film studio to offer domestic partner benefits to its employees. The group’s written benefit policy has served as a model adopted by other businesses, municipalities and universities. By offering same-sex benefits, companies take the position that homosexual unions are morally equivalent to traditional marriage. The Hollywood Supports/Disney link is clear. Michael Eisner, current Disney chairman, and Joe Roth, chairman of Walt Disney Motion Pictures, serve on the Hollywood Supports Board of Trustees. Former Disney President Michael Ovitz is also a board member. Hollywood Supports works behind the scenes to shape homosexual-friendly workplace policies. That covert strategy was used to strike a deal with Eisner on the benefits issue. Diller said: “I remember discussing domestic partnership with Disney at a meeting where Michael Eisner said, ‘We can’t be out in front of an issue like this, but when it’s over 50% [referring to the percentage of companies that offer such policies], that would be the right frame for the Walt Disney Co. because of the connotation that Disney is in the majority.’ I said that was fair and reasonable. And when we passed that mark, there was his company saying yes.” Entertainment billionaire David Geffen confirms the Disney chairman’s sympathy for the gay rights movement, describing Eisner as “very homo-friendly….”
Mickey’s sympathetic ears
Perhaps another reason gay activists have found the Magic Kingdom eager to embrace their cause is the significant number of homosexuals in Disney management. One ex-Disney executive admitted in 1995 that five top creative executives, not to mention a host of underlings, are open homosexuals. These include Donald Deline, president of production, Tom Schumacher, vice president of feature animation, and then vice-president of production Lauren Lloyd. It also appears that a large number of Disney employees throughout the company are homosexual. Elizabeth Birch, homosexual activist and executive director of the Human Rights Campaign, told the Aspen Human Rights Summit II in Colorado that she “said to Michael Eisner, ‘30% of your employees are gay,’ and he said, ‘You’re wrong, Elizabeth. It’s 40%.’” John Dreyer of Disney’s Corporate Communications office has officially denied the veracity of Birch’s quote, but Robert L. Williams, president of Disney’s homosexual employee group, agreed with the estimate.
Disney uses ABC to promote agenda
In the last year the homosexual revolution at Disney has become more public. ABC – purchased by Disney in 1996 – leads the television networks in the number of prime-time gay characters. The Gay and Lesbian Alliance Against Defamation (GLAAD), a homosexual media watchdog group, stated in March, 1997, that of the 28 homosexual, bisexual and transgender regular characters on prime-time television – 13 were on ABC. NBC came in a distant second place with six. Likely the growing number of homosexuals on ABC programming is no coincidence. ABC insiders told the Wall Street Journal that since the buy-out, Disney’s handling of ABC is nothing less than “micromanagement” of the network. Eisner has assured company shareholders that Disney would “make substantial contributions to the success” of ABC. And according to Daily Variety, Eisner’s contributions would include his personal development of a successful prime-time line-up for ABC. Eisner’s plan for the network apparently includes a growing homosexual presence, a point made clear when he attempted to pressure the producer of a top prime-time show to add a gay couple as regulars. The producer and series star refused.
However, Eisner found a cohort in Ellen DeGeneres, star of the popular sitcom Ellen. Early in the 1996 fall TV season DeGeneres began to tease the audience that her character on the show might declare herself a lesbian, thus becoming the first TV series to have a homosexual lead character. The storyline, including the final script in which Ellen openly declares her homosexuality, was approved by Eisner.
Ellen producers admitted they wanted the show to encourage young people who were confused about their sexual orientation to have the courage to come out just as Ellen did. Executive Producer Dava Savel said, “If this episode helps some child in the Midwest with their sexual identification, we’ve done our job.”
Another part of Savel’s “job” was reaching middle America with the message that homosexuality is OK. For that task she chose Oprah Winfrey to play Ellen’s therapist. “I suggested Oprah.…” Savel said. “She’s so well liked by the American people, it was perfect to have someone like her who connects with middle America, where if Oprah said it was OK, then it was OK.”
The choice of using comedy to introduce prime-time’s first homosexual lead also suggests a calculated move on Disney’s part. Actor Michael Boatman, who plays homosexual activist Carter Heywood on Spin City, another Disney/ABC sitcom that stars Michael J. Fox, said comedies are perfect vehicles for controversial subjects like homosexuality. Boatman told TV Guide, “The best way to slide these controversial issues under America’s doorstep, into their living rooms, is to have them start laughing first. Suddenly they find themselves, if not accepting new ideas, certainly more willing to discuss them.”
Dollars and depravity
In normalizing the homosexual lifestyle, Disney has discovered a successful mix of mission and money. Homosexuals form a wealthy and identity-conscious consumer group – and Disney knows it. Offering movies, books and TV shows with gay themes guarantees the company a loyal homosexual following. For example, one study showed that gays and lesbians are avid film fans –more than three times as likely as the general population to see two movies a month.
Disney also exploits their gay connection by welcoming “Gay and Lesbian Day at the Magical Kingdom (that Walt Built).” Organizers of the annual celebration at Disney World in Orlando, Florida, estimate that the economic impact to the city is $20 million, much of that going into Disney’s bank account.
Hyperion Press is another Disney subsidiary which pushes homosexuality. It has published the autobiography of well-known transvestite entertainer RuPaul, as well as the book Growing Up Gay, aimed at the so-called homosexual children of heterosexual parents.
The company is also in the process of producing a series targeting the homosexual “jet-set.” According to the homosexual magazine New York Native, gays generally travel more and take more vacations than any other demographic group, to the tune of $17 billion a year. And Hyperion aims to make gay travel even easier, creating a series entitled Out & About Gay Travel Guides.
The authors of the guides, David Alport and Billy Kolber-Stuart, already produce an Out & About newsletter, which alerts readers to the “sexual temperature” of certain gay destinations. According to USA Today, for example, the description of one Palm Springs gay resort reads: “Casual, clean and small, with as frisky a daytime atmosphere as one could find in a legitimate establishment…nudity is encouraged and practiced by the management. Sexual temperature: very high.” With the winds of change blowing across America’s moral landscape, Disney’s marketing strategy has little downside, because middle America– even many Christians – appear to be sleeping while the homosexual revolution overthrows Judeo-Christian culture.
So, Disney enjoys the best of both marketing worlds. On one hand, the company reaps a bonanza from homosexuals. At the same time, Disney keeps American families feeding at their trough with traditional entertainment products, such as animated films and theme parks.
If middle America continues to support Disney’s good products, the company will continue to use that money to subsidize the normalization of homosexuality. While a day at Disney World may not seem like a visit to Sodom and Gomorrah, it might just take us there.
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Includes eyewitness accounts from Disney World event
The first weekend in June is the unofficial beginning of summer vacation when kids bolt out of their school rooms, pile into the family minivan and head off for the annual respite from the day-to-day grind.
This year many pointed their compasses toward Disney World in Orlando, Florida, unaware of an impending cultural collision with a two-faced “family entertainment” company that welcomed hordes of homosexuals to celebrate their sexual perversions at “The Sixth Annual Gay and Lesbian Day at the Magical Kingdom that Walt Built.”
The 1996 “Gay Day at Disney” celebration provided few surprises for those who have watched the infamous gathering over the years. But for the unsuspecting families who happened into the lair of depravity, shock would be an understatement, according to Rusty Pugh, an AFA reporter who witnessed this year’s event. Pugh said he saw several families crestfallen as they entered the Magic Kingdom and found themselves surrounded by male and female homosexuals displaying their affections and stereotypical “gay” attitudes. “Families [were] forced to be subjected to this. They [didn’t] have any choice,” said Pugh in regard to the lack of prior warning families received.
Although Disney does not officially sponsor the celebration, the company seems to accommodate and even welcome it. An internal correspondence from Clyde Min at Disney says: “Each Resort has been asked to supply one Management Team Member to assist with the Gay Pride Day in the Magic Kingdom on June 1, 1996. I am looking for any volunteers who may be interested in helping with this event.” Two years ago Disney employees who claimed to be volunteers served as greeters wearing “Gay Day at Disney” T-shirts and handing out a pamphlet promoting the event and asking homosexual patrons to write a letter to Disney to encourage them to allow the event to continue. A report in a New York homosexual newspaper concerning the 1994 celebration said, “Even Disney has been exceptionally helpful this year.”
Since its beginning six years ago, the homosexual celebration has been organized by Doug Swallow, a homosexual activist in Orlando. In earlier years a group of homosexuals who call themselves “Digital Queers” was involved.
Another revealing first hand account of this year’s celebration came from “Disney Diary,” a column in the Orlando Weekly newspaper. In it writer Jeff Truesdell recounts the day and the invasion of red shirts --the traditional color of choice for the homosexuals during their day at Disney. The column implies that many Disney World workers are homosexual. Truesdell writes: “Take away the gay workers...and Disney World becomes the planet’s largest self-service theme park.” The newspaper also describes an occasion when a parking attendant, upon seeing the crimson-attired passengers in one vehicle, waved them through without collecting the $5 parking fee. Even the afternoon Disney parade down the theme park’s Main Street --a favorite family event --portrayed strong homosexual overtones, according to Truesdell. The performers in the parade, paid by the company that claims to have no connection to the homosexual celebration, were decked out in --you guessed it --red costumes.
Disney’s claim not to sanction the event could more easily be believed if the company were consistent in applying policies concerning groups that come en masse to their theme parks. Disney claims it can’t deny admission to someone only because he belongs to a group which might upset other patrons.
However, dozens of gang members visiting Disneyland in California were evicted recently after they entered the park wearing gang colors. Kenneth Green, Director of Corporate Communications, said the company was concerned the group might intimidate or invoke fear in the hearts of mainstream patrons.
Even families who knew about the homosexual event before making the trip to Orlando were met with problems. David Caton of AFA of Florida reports instances where families who tried to change their reservations were told they would not be given a refund on their deposits.
BOYCOTT CARDS AVAILABLE
AFA is making it easier for churches and individuals to participate in the Disney boycott by supplying a special two-part boycott card. The cards are available in lots of 100 for only $1.50.
One part of the tear-off card is to be mailed to Disney Chairman Michael Eisner. It contains a simple message expressing concern over the direction Disney is heading. The other part of the card provides a quick reference list of key businesses and holdings of the Walt Disney Company.
To place your order, send $1.50 per 100 cards to Disney Boycott Cards, American Family Association, P.O. Drawer 2440, Tupelo, MS 38803.
Insiders say Hunchback is “testing the limits”
A priority in Disney’s current philosophy of movie-making seems to be “pushing the envelope.” Roughly translated, that means including as much sexual content as possible and defending it with high sounding arguments about artistic integrity, but still having the public buy it in huge numbers.
Case in point --the new animated film The Hunchback of Notre Dame. Composer Alan Menken is part of the team that scored the movie and he describes one song in the movie, Hellfire, like this, “With Hellfire, we weren’t just expanding the envelope, we were taking it into another room. It really tests the limits of what we can get away with. In one song, we have Frollo sing the church liturgy, but also sing of twisted sexual fantasies: Hellfire, Hellfire, there’s a fire in my skin / This burning desire is turning me to sin.
The drifting of Disney from its family friendly heritage does not come without the knowledge of the people in charge. In fact, it seems to be encouraged from the pinnacle of Disney’s corporate ladder, Chairman Michael Eisner. Actor Tony Jay, who supplies the voice for the character Frollo talks about the way his character was scripted. “It’s quite graphic. I told Michael Eisner, I’m surprised how far they’re going with Frollo.’ He said to me, We can’t keep making Dumbo forever.’” Composer Menken also remembers a conversation with Eisner: “He said even if it goes to PG, he would not compromise the material.”
Esmeralda, the female lead in Hunchback, is described by USA Today as a voluptuous, raven-tressed Gypsy dancer who draws a reaction of “...pure unadulterated lust” from Frollo. Not surprising, considering Demi Moore (Striptease) is providing the voice for Esmeralda.
Perhaps one of the most telling indictments of the film comes from another of the actors involved in the project. Jason Alexander, who provides the sounds for a gargoyle character, has this to say about the film: “Disney would have us to believe this movie’s like the Ringling Brothers, for children of all ages. But I won’t be taking my four-year-old.”
It’s wholesome family entertainment, as Disney sees it. USA Today, 6/14/96, Entertainment Weeks, 6/21/96
Disney takes high profile on ABC
Disney’s control of the ABC Television network is an ominous prospect that bears watching. Will Disney use ABC to push its agenda like it uses Miramax and Hyperion Press (published two pro-homosexual books)? One thing is for certain, Disney will have a say in the content that airs on ABC.
Many shows on the network have managed to work references to vacationing at Disney world into the script. ABC even went as far as building an entire evening’s programming around the Disney vacation theme.
In June, ABC created a show called Disney’s Most Unlikely Heroes, which analyzed several of Disney’s characters and served as a promotional tool for the Hunchback of Notre Dame movie. It’s obvious Disney intends to cross promote between its various properties, and with control of ABC, ESPN, and a hand in Lifetime and A&E, Disney has unequaled access to deliver whatever message it wants to.
First quarter loss of $25 million may mean changes at Disney
Is Disney in trouble? Not yet, but the red ink is starting to trickle at the company. Struck by a $25 million loss in the first quarter of 1996, Disney is starting to downsize in its live action film division following financial reports that saw movie profits drop 35% in 1995.
Joe Roth, chairman of Disney Studios, says the company will cut its output of live action films in half over the next year and may drop releases further in subsequent years. Disney is also expected to shut the door on its Hollywood Pictures division and make some changes at the controversial Miramax Film unit.
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Southern Baptists say they won’t be visiting Disney theme parks this summer if the company doesn’t change some of its policies that they say promote homosexuality.
In an overwhelming show of hands at the church’s national convention in New Orleans, the Baptists also agreed to swear off Walt Disney Co. movies and products.
Here are some of the reasons:
In June, 1996, the company hosted the 6th annual “Gay and Lesbian Day at Walt Disney World.” In a cartoon, homosexual organizers portrayed Mickey Mouse and Donald Duck as homosexual lovers; and Minnie Mouse and Daisy Duck as lesbians. Disney has not publicly objected. An Orlando Weekly writer says, “Take away the gay workers and Disney World becomes the planet’s largest self-service theme park.”
Disney has extended company health benefits to live-in partners of homosexual employees. (The policy does not cover unmarried heterosexual couples who live together.)
After much hype Disney owned ABC Television has Ellen Morgan, lead character of the TV show Ellen, “come out” as a homosexual. This marks the first time that the lead character of a television show is openly gay or lesbian. Shortly after the annoucement, Ellen DeGeneres the actress who plays Ellen Morgan, reveals to Time magazine and on ABC’s Primetime Live that she too is a lesbian. And Eisner was heavily involved in the decision of Disney/ABC to allow sitcom star Ellen DeGeneres to promote lesbianism on her show.
The May, 1995, issue of Buzz magazine reported that a homosexual rights activist said that she was once told by Disney Chairman Michael Eisner that “as many as 40% of the company’s 63,000 employees might be gay.” The cover story, entitled “Disney Comes Out of the Closet,” also reported that Disney has the “largest lesbian and gay employees organization in the entertainment industry” and that the perception of Disney as having many homosexual employees is “well founded.”
Disney Company executives, including Chairman Michael Eisner who sits on their board of trustees, work for Hollywood Supports, a homosexual advocacy group whose focus is to promote the gay agenda in the workplace.
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AUSTIN, Texas — A conservative group is pressing Texas officials to dump $27 million in Walt Disney Co. stock held by a school trust fund because of “violent, obscene music” produced by a Disney subsidiary.
Citing a controversial new Texas law banning investments by state agencies in companies producing obscene or violent materials, the American Family Association of Texas Wednesday called on the state Board of Education to dump its Disney holdings.
“They must conform with state law and dump Disney,” said Wyatt Roberts, executive director of the group, which two years ago called for a boycott of Disney.
Disney last week pulled rap group Insane Clown Posse’s album “Great Malenko” from distribution because of “inappropriate” lyrics, and in a statement said it is “committed to maintaining standards compatible with Texas law in lyrics for records released by our labels ...
“In fact, we think it is odd that the AFA is taking this direction in light of our recent action,” Disney said.
Disney’s Los Angeles-based Hollywood Records produces gangsta rap and heavy metal records by artists including Humble Gods and Ny Loose. Hollywood Records also produces Danzig, a heavy metal rocker whose songs, according to Roberts, are laced with satanism and violence.
“Absent the legislation, we would still call the state on it, but we have the law on our side,” Roberts said. “Disney is the corporate equivalent of Dr. Jekyll and Mr. Hyde. Yes, they do some good things, but they also do some bad.”
The law, passed in April, prohibits state agencies from investing in companies producing music advocating violence, obscenity or gang activity. Initially voted down, the proposal snuck through the legislature as a rider on a state budget bill and is expected to be challenged in court.
The call for divestiture of the Disney stock comes a month after the Southern Baptist convention meeting in Dallas voted to boycott the entertainment giant, accusing it of “promoting immoral ideologies such as homosexuality, infidelity and adultery.”
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HONOLULU (AP) Starting Wednesday, many of the benefits available to married people in Hawaii will also be offered to gay couples, siblings and roommates, under a first-in-the-nation law that was enacted to head off homosexual marriages.
Gov. Ben Cayetano allowed the bill to take effect at midnight without his signature.
The law would give any two adults who can’t legally marry the right to share medical insurance and state pensions. They would also get inheritance rights, the right to joint property ownership and the right to sue for wrongful death.
“This is an unprecedented move. It’s the broadest recognition of untraditional marriage ever. But this is not exactly what the gay and lesbian community asked for,” said civil rights attorney Dan Foley, who represents three homosexual couples who are suing the state for the right to marry.
That lawsuit led to a Hawaii Supreme Court ruling in 1993 that it is unconstitutional to deny marriage licenses to same-sex couples. In response to the ruling, the Legislature passed the same-sex benefits bill along with a proposal that would negate the Supreme Court ruling by amending the state constitution to ban gay marriages.
Under the same-sex benefits law, couples don’t even have to know each other, live together, or be state residents to apply. They only have to be 18 and legally barred from marrying each other.
That makes a vast number of people eligible for the benefits, and that’s creating confusion.
“The issues are coming fast and furious on this one,” said Patrick Johnston, spokesman for the state Health Department, which has begun processing applications. “The latest wrinkle is how it affects some federal laws.”
The state expects thousands of couples to apply over the next few months.
Businesses are panicking over how much money they will have to pay for extra medical insurance costs.
The first 25 couples who have applied will receive their benefits certificates this week. A large majority of the couples so far are same-sex.
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Canada is a world leader in offering asylum to persecuted gays
When his family found out he was gay, they tied him to a hitching post and crushed a lit cigarette into his hand. His father also burned his son’s scalp in an attempt to cauterize the evil.
A few years later, the man’s boss found out about his sexual preference, and fired him. Then police raided the man’s home, found a few gay magazines, and threw him in jail. He was beaten and tortured.
Released from jail after two weeks, the man staggered on to a Moroccan beach, shaking and chain smoking, and “cried his eyes out.”
Moroccan beaches are known as a mecca for gay tourists. But for residents of the Muslim country, homosexuality is a family shame and potentially life-threatening.
The man finally fled to Canada after his family tried to force him into an arranged marriage. Four months ago, the 31-year-old Moroccan joined a small but growing number of gays and lesbians who have been granted asylum. Canada is a world leader in offering haven to sexual minorities who are in danger in their home countries.
The first reported case in Canada was in 1992, when a gay man from Argentina who had been beaten and raped by police was given refugee status. Since then, Canada probably has accepted more gay refugees than any other country.
It’s difficult to compare, because Canada, the U.S and many European countries don’t track the numbers. But at least 160 people have been granted refugee status in Canada based on their sexual orientation, interviews with immigration lawyers across the country indicate.
At least 60 homosexuals have won asylum in the U.S., according to the San Francisco-based International Gay and Lesbian Human Rights Commission. Human-rights and refugee groups are aware of only a handful of gays winning asylum in other countries, primarily western Europe, Australia and New Zealand.
“We’re pretty well in the forefront,” said Mike Bell, an immigration lawyer who splits his time between Ottawa and St. John’s, Nfld. He’s represented 40 gay men, all of whom won refugee status.
The stories they bring before Canada’s Refugee Board are a catalogue of abuse suffered by sexual minorities around the world. They’ve been jailed, beaten, tortured, raped, fired from their jobs, and thrown into mental institutions to be “cured.”
The Moroccan man, whose case is documented in a Canadian legal data base, now he lives in Vancouver. His emotional health is fragile, and he suffers from depression. He declined a request for an interview.
It’s been easier to argue gay claims in Canada since the Supreme Court in 1993 clarified that sexual orientation could be grounds for refugee status. But it’s only recently that many homosexuals realized they could seek asylum. “The word is getting out that there is a safe haven here,” said Mr. Bell.
Juan and his partner, for instance, had visited Canada from their home in Mexico several times, but it wasn’t until 1994 that a friend told them about the possibility of gaining refugee status.
Juan, 26, asked that his real name not be used because it might cause problems for his family back home.
It’s impossible to live as an openly gay man in Mexico, Juan said in a telephone interview from his home in Vancouver. There is widespread violence and discrimination against homosexuals in Mexico, much of it by the police, according to human rights groups.
“You have to watch what you say, how you talk, all the time,” said Juan. But hiding his sexuality became more difficult after he met his partner, “on the 19th of May, 1990, that’s our anniversary,” he said. When the two men moved in together, neighbours suspected. “Everyone was watching. Did we bring girls or not bring girls to the house? It was a lot of pressure. We were scared all the time.”
Anti-gay slurs were painted on their door, and once the pair had to bribe police to avoid trouble when officers found a gay magazine in the trunk of their car.
And before that, his partner was almost killed by a man who attacked him with an ice pick after a sexual encounter. “The most dangerous people in Mexico are gay people who don’t accept themselves,” said Juan. Police refused to investigate the attempted murder because the victim was gay, he said.
Juan and his partner won refugee status last year. Juan now works in an office on Davie Street, in the heart of Vancouver’s gay district. He says living in Canada is a “dream come true.
“There is a lot of freedom, you can use your mind on other things, you don’t have to worry so much.”
Like other refugee claimants, gays must prove they face “persecution” in their home country. It’s a vague term that is open to interpretation by the Refugee Board members who judge the claims. Usually, claimants must prove they face more than just harassment --for example, being beaten, imprisoned, raped, or having their lives threatened.
Claimants must also prove their state won’t protect them. After all, gay bashing happens in Canada as well, but police investigate and courts prosecute those responsible.
That’s not the case elsewhere. In about 50 countries, homosexual sex acts are against the law. In other countries, discrimination and violence against homosexuals is tolerated, or condoned by authorities.
Mario Gonsalves says he couldn’t turn to the police for help in his native Antigua.
Mr. Gonsalves said he told no one, not even his family, that he was gay, but it was difficult to hide because of his mannerisms and the way he carried himself. “I would walk down the street, keep looking over my shoulder, and pretend to be someone else.”
Once, a crowd of men followed him home, threw stones at his house and spray-painted “kill batty-man” (a derogatory term for gays) on his door.
A local police officer often called him “faggot” and threatened him. One night, that police officer trailed him down the street. The officer pushed Mr. Gonsalves into an alley, beat him with a baton, and raped him. “He told me if I told anybody he would kill me.”
Mr. Gonsalves came to Canada in the spring of 1995 to visit and ended up on the street, where a counsellor for the homeless suggested he apply for refugee status.
His claim was accepted, but his life in Toronto has been difficult. Shortly after he arrived in Canada, friends back home told him the police officer who raped him had died of AIDS. Mr. Gonsalves got tested. He was HIV-positive, and now has AIDS.
Mr. Gonsalves, 23, spends his days doing volunteer work and trying not to think about the future. “I miss home, actually,” he said. “But I can be myself here, I don’t have to hide any more. People accept me for who I am.”
Many of the refugees accepted by Canada are from Muslim countries and South American states like Venezuela, Chile, and Brazil, where societies are intolerant of homosexuals. But gays have won refugee status in Canada from at least 30 countries around the world, from eastern Europe to the Caribbean.
Canada’s Refugee Board doesn’t keep track of the acceptance rate, but lawyers who represent the claimants say most are successful.
However, a lot depends on the board members hearing the case, says Toronto lawyer El-Farouk Khaki. He’s represented about 60 gay and lesbian clients, and estimates 70 per cent were accepted.
“Some members of the board are open to understanding what gay-lesbian persecution is all about, and there are others who just don’t get it,” said Mr. Khaki.
Indeed, a review of 30 Refugee Board decisions shows wide variations, depending on which members decide the case. For example, one gay man from Mexico had difficulty holding a job and had been harassed by police. The refugee panel turned him down, saying the treatment he received didn’t amount to persecution, and that police harassment was a problem for everyone in Mexico, not just homosexuals.
But another panel granted refugee status to a gay man from Mexico who had been detained by police once but not physically harmed.
Board members also disagree on whether homosexuals should be expected to try to avoid persecution at home by hiding their sexuality. For example, one refugee panel rejected a man from Morocco who said he was unable to live openly as a homosexual. The panel said the man faced a “general social constraint” on his sexual life, not persecution.
Mr. Khaki says some panel members have asked his clients why they can’t simply be discreet about their sexuality. He argues that’s a different standard than applied to people fleeing persecution because of their politics or religion. Would a refugee panel ask a Jew facing persecution to be discreet by changing his name and denying his religion, he wonders?
Another complication is the difficulty in obtaining documentary evidence about the status of homosexuals in other countries. Established human rights groups have only recently begun collecting information on persecution suffered by gays. And because of the stigma and secrecy surrounding homosexuality, especially in conservative cultures, it’s often hard to collect evidence of abuse. People are reluctant to talk about it.
That’s not surprising given conditions in some countries. In Iran, for instance, the penalty for gay sexual activity is death. In Colombia, death squads target sexual minorities as part of their “social cleansing.”
In Russia and Ukraine, laws criminalizing homosexual sex have been lifted, and gays are no longer sent to the gulags. But entrenched hatred of homosexuals endures, and police do little to protect them from violence or extortion by criminals.
“These people are coming from cultures where you’d be as likely to fly to the moon as come out of the closet,” said Toronto lawyer Mary Tatham. Sometimes refugee claimants are even reluctant to tell their Canadian lawyers the real reason they are in danger back home.
Ms. Tatham said she was puzzled by a client from the Middle East who explained he had been threatened by paramilitary groups who believed he had access to sensitive information from a high-ranking politician. The story didn’t make sense. The man had a low-level job, and would be unlikely to have contact with such a high-level official.
Finally the man admitted that the high-ranking official was, in fact, his lover. “I knew he was gay,” said Ms. Tatham. “But he was so ashamed. He didn’t want to talk about it.” The man won refugee status in Canada.
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With the expected passage of legislation this week, British Columbia will become the first province to ensure that homosexual couples have the same privileges and responsibilities for child support, access and custody as heterosexual couples. The Anglican church in the province supports the bill. Roman Catholic, Jewish, Sikh and other groups have issued statements denouncing it.
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WASHINGTON — Conservative Christian groups and advocates of traditional family values stepped up their criticism of the Walt Disney Co. Wednesday after saying a Disney executive skipped a meeting with them.
But most from the more than half-dozen groups stopped short of saying they would join a boycott of the entertainment giant launched last month by Southern Baptists, who argue that Disney’s corporate policies are too tolerant of homosexuals.
“By declining to meet with leaders of several large Christian and pro-family groups, Walt Disney Co. Vice President John Cook has shown that the company still doesn’t understand the concerns of American families,” said Robert Knight of the Washington-based Family Research Council.
“Despite an enormous outpouring of support for the effort to persuade the Disney Co. to stop promoting homosexuality, anti-Christian movies and television shows, and patently offensive rap and rock music, they still don’t get it.”
The groups said they were asked by Disney to meet with company executives in Washington, but that Cook pulled out of the meeting and instead sent a subordinate.
Disney spokesman John Dreyer said Cook had to cancel because “something had come up” in Los Angeles. “It was something unavoidable and he offered to meet with them on Friday,” said Dreyer, adding that the groups declined.
The groups had hoped Disney would offer a proposal to meet their concerns. Dreyer said Disney wanted to have a dialogue.
“We want Walt Disney’s Disney back,” said Richard Land of the Southern Baptist Convention, referring to the founder of the company and creator of Mickey Mouse.
“We want a Disney that we can trust,” he added at a news conference.
Last month, 12,000 delegates at the Southern Baptist Convention’s annual meeting voted for a non-binding boycott against Disney and its subsidiaries by their 15.7 million members. The boycott so far has had little impact on Disney.
The Baptists singled out Disney’s policy of extending health benefits to partners of homosexuals and allowing “gay days” organized by gay rights groups at its theme parks.
Concerned Women for America, a traditional family rights group with more than half a million members nationwide, told the news conference it would join the boycott.
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CHICAGO (AP) — Homosexuality is not a mental disorder and doesn’t need treatment, and there’s no good evidence that so-called reparative therapy works anyway, the nation’s biggest group of psychologists says.
The American Psychological Association also urged mental health professionals to “take the lead in removing the stigma of mental illness from homosexuality.”
The association’s policy-setting body made the statements in a resolution passed Thursday. The resolution affirms APA’s position that homosexuality isn’t a mental disorder and doesn’t need treatment, the association said.
The resolution says some believe the controversial practice of reparative or conversion therapy —— aimed at changing a person’s homosexuality —— is ineffective and harmful, while others say it’s effective and helpful. “Well-designed scientific studies to test either belief have not been done,” the resolution said, “therefore, claims of effectiveness need to be very carefully considered.”
Kim Mills, a representative of the Human Rights Campaign, a lesbian and gay political group, said in a statement that the resolution “reaffirms the fact that since there is nothing wrong with homosexuality, there is no reason that gay, lesbian or bisexual people should try to change their orientations.”
Robert H. Knight, director of cultural studies for the conservative Family Research Council, said there is evidence that therapy can change homosexuality.
People “have been successfully treated for decades,” he said in a statement, and “a growing population of ex-gays is becoming more visible in America today.”
Knight said the psychological association “is trying to snuff out genuine hope for those struggling with gender identity problems.”
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WASHINGTON — A gay rights group says the Internal Revenue Service has reversed its position and granted tax-exempt status to a support group for young gays.
The IRS last month admitted it was wrong to demand that the Gay and Lesbian Adolescent Support System (GLASS), of Greensboro, N.C., show it discouraged “homosexual attitudes and propensities” after the Lambda Legal Defense and Education Fund in New York stepped in and wrote the IRS.
On Aug. 20, the IRS followed up and notified the group that it would receive tax-exempt status as an education and social welfare group, Lambda lawyer David Buckel said Monday.
“The bottom line is they granted the group tax-exempt status,” Buckel told Reuters.
“Evidently they happened to have a renegade agent” who was responsible for the controversial letter the IRS sent GLASS last autumn.
In its letter, the IRS asked the group to “detail the procedures and safeguards in place to assure that counselors and participants do not encourage or facilitate homosexual practices or encourage the development of homosexual attitudes and propensities by minor individuals attending your program.”
Lambda argued that the IRS had no business inquiring about homosexual attitudes since it never inquired about “heterosexual attitudes.”
Tax-exempt status would make a big difference to GLASS since it would allow donors to the group to claim tax deductions for their donations, a fact that would likely encourage greater donations, Buckel said.
He said the expected rise in funding would allow creation of more GLASS chapters around the country.
Lambda provides civil rights representation for gay and lesbian causes.
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HONOLULU (AP) — If Dr. Robert Jenkins just mentioned the words gay and lesbian, insurance company doors slammed shut.
Few would take his pink business card. Few would return his phone calls.
As head of an agency trying to help same-sex couples obtain insurance benefits under Hawaii’s new reciprocal benefits law, he’s seen discrimination firsthand.
With a colorful rainbow as its logo, Hawaii-based Pride Insurance & Financial Services Inc. opened for business this summer, just as the new law — the nation’s first — came into effect, giving couples who can’t legally marry a taste of the married life.
A major provision of the law grants insurance benefits to same-gender couples.
So all summer, Jenkins and his nine employees have been on the hunt for companies that will help gays and lesbians who want to sign up for joint life, health and homeowners’ insurance.
So far, they’ve found 16 in the entire nation. The number is small, but it’s enough of a start, Jenkins said.
“A lot of insurance companies won’t even touch gays and lesbians. Let’s just be honest about this. It’s a capitalist society. They don’t have to do anything they don’t want to do,” Jenkins said. “But, we’ve found some insurance agencies that are sympathetic and willing to truly not discriminate.”
But the quest for business has been tough. The first company that Pride Insurance asked to cover homosexual couples, located in Montgomery, Ala., gave it a cold, hard slap in the face, agent Steven Tseu said.
“Their response was we’re Southern rednecks and we frown on that kind of behavior. The next day they called and canceled their contract with us,” Tseu said. “When they turned us down like that it was very discouraging.”
For the last 10 years, Jenkins, who is a gay, was the primary physician for AIDS patients in Los Angeles and saw for the first time how insurance companies discriminate.
His days were filled with finding ways to sneak AIDS patients on some kind of health insurance.
“We can still do that (for gays and lesbians), but let’s not go that way. Let’s just be up front and give the business to companies that truly don’t discriminate,” said Jenkins.
About two clients a day come in to inquire about insurance or how to sign up as beneficiaries under the new law, he said.
The law grants any adult couple who can’t legally marry — gays and lesbians, parent and adult child, siblings and roommates — about 45 of the 400 legal benefits of marriage.
One Pride Insurance client, Daniel Peralta, a 35-year-old contractor employed part-time with the state, said he couldn’t wait to sign up after the law passed. He had no medical insurance and was desperate to be covered under a policy with his partner, Michael Graves.
However, he hit a wall because he had no idea how to go about doing it.
“I tried to look into it on my own. But I thought where do you go? Who do you call?,” Peralta said. Once he was referred to Pride Insurance, everything went smoothly.
“They outlined everything in simple terms, thank God,” he said.
Pride Insurance, which is opening offices in Los Angeles, San Diego and San Francisco, also helps same-sex couples in other states and countries apply to become reciprocal beneficiaries under the Hawaii law, which has no residency requirement.
Having that document can help couples get domestic partnership benefits at work, get hospital visitation rights when a partner is sick, and other benefits, Jenkins said.
The company has begun advertising its services in several gay and lesbian publications across the country.
“It’s sad to need a separate agency for gays and lesbians, but some people are uncomfortable going into an agency where someone says, ‘What about your wife and kids?,’ and you have to say, ‘Well, it’s my boyfriend and my dog.’ Who knows how an agent is going to respond,” Jenkins said.
“Here they know they’re going to be totally accepted,” said Jenkins, who moved from California back to his hometown in Hawaii in April. “It feels good to come home and be out. And to make no apologies.”
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WASHINGTON — Young gay men are seven times more likely to attempt suicide than their heterosexual peers, researchers reported Thursday.
They said society’s attitude toward gay men was almost certainly to blame, because the effects were not seen in gay women.
Gary Remafedi and colleagues at the University of Minnesota used a study of 36,000 junior and senior high school students aged 13 to 18.
They homed in on 131 young men and 144 young women who identified themselves in a confidential survey as homosexual or bisexual, and compared them to “straight” peers.
Reporting in the American Journal of Public Health, they said 28 percent of the males said they had tried to kill themselves — seven times the rate among heterosexual males.
They did not see the effects in the young women.
“We saw the association for boys but not for girls,” Remafedi said in a telephone interview. “It appears the suicide attempts are not related to homosexuality but to other factors.”
Special risk factors were “coming out” — publicly defining oneself as homosexual — at an early age, having conflicts with families and peers over sexual orientation and having different manners of appearance, Remafedi said.
“There has been a controversy among experts over this,” he added. “This study, I think, goes along way towards providing evidence of a connection.”
Remafedi said the findings probably had importance across the world. “I think that it does translate to other countries, probably because homophobia is universal,” he said.
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Judge says insurer must pay life benefit
TORONTO --Gay and lesbian couples scored an important victory yesterday when an Ontario judge declared it is unconstitutional for the survivor of a same-sex couple to be denied life-insurance benefits.
After her companion was killed in a 1993 accident, Kelly Kane challenged an Ontario law that denied her life-insurance benefits.
The law, which mandates a $25,000 benefit be paid to the spouse of someone killed in a motor vehicle accident, excludes couples of the same sex.
A lawyer representing the Attorney General of Ontario defended the law in court last week, arguing that the prohibition was justified because gay couples are less likely to be parents. Therefore the surviving partner would have less need of financial support if one partner is killed.
He also cited recent Supreme Court rulings that limited the constitutional rights of same-sex couples.
But Mr. Justice Douglas Coo, of the Ontario Court, General Division, accepted the argument of Ms. Kane’s counsel that discrimination against same-sex couples could not be justified as reasonable and necessary under the Constitution.
“The denial of equal benefit contained in the legislative provisions is deliberately based only on sexual orientation and runs against the preservation of human dignity and self worth for part of our society,” Judge Coo wrote in his six-page decision.
The legislation “simply carries forward and nurtures now-abandoned stereotypical concepts that have no place in the fabric of our community.”
He also dismissed arguments that some homosexuals would not welcome being granted the same rights and obligations as heterosexual couples. “The fact that some might not want or support the provision of a benefit is neither here nor there,” he declared.
Judge Coo’s decision represents the latest in a confusing series of judicial decisions related to same-sex rights. The Supreme Court of Canada recently ruled that an opposite-sex-only definition of spouse was valid for old-age security. The Ontario Court General Division has upheld the same definition for private pension benefits. But the Ontario Court of Appeal recently ruled a same-sex spouse could be obliged to pay family support.
Judge Coo ordered that Axa Insurance pay the $25,000 benefit, and that the attorney general pay a portion, probably in the range of 40 to 50 per cent, of Ms. Kane’s legal costs. The decision also opens the door for similar couples who have lost a spouse in a motor vehicle accident to receive the benefit.
The decision, if upheld, could have important implications for provincial and federal governments. There are at least 90 statutes in Ontario alone --regulating pensions, employment benefits and government programs --that define a spouse as a member of a heterosexual couple.
If Judge Coo’s reasoning survives appeal, Ontario and other governments across Canada might have to rewrite their laws to include same-sex couples in the definition of spouse.
Barry Wilson, an assistant to Attorney General Charles Harnick, acknowledged yesterday that that “all jurisdictions are struggling with this particular issue in an attempt to find a workable solution for everyone.”
He would not comment on what action the government might take, except to say government lawyers were reviewing the decision and would determine whether to appeal.
The Ontario law was created to cut down on litigation and insurance costs. It specified that all car-insurance policies must contain a $25,000 benefit to be paid to the spouse if the insured was killed in an accident.
Ms. Kane and Ms. Black had lived together for six years and considered themselves spouses. But when Ms. Black was struck and killed by a truck while riding her bicycle, Ms. Kane discovered she was ineligible for the benefit because the law specified only heterosexual couples were entitled.
For Ms. Kane, the decision represented “one step towards the end of a really long fight to gain recognition for my partner and me in our relationship.” Her lawyer, Cynthia Petersen, hoped that, rather than fighting on a case-by-case basis, “the Ontario government will look at this, see that they’re not going to win these battles, and maybe change those 90 other statutes.”
The government argued that expanding insurance benefits to same-sex couples could raise insurance premiums and cost billions of dollars if the new definition is applied to scores of other programs throughout the government.
“If the applicant’s legal position were broadly accepted, it would result in massive new costs for government, private business, and Ontario taxpayers,” government lawyer Peter Landmann maintained during the hearing.
But Judge Coo said his judgment applies only the the auto-insurance law, and maintained the increase in premiums needed to cover same-sex couples would be “minimal.”
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LONDON, Ont. (CP) -A board of inquiry ruled Wednesday that London Mayor Dianne Haskett discriminated against a gay activist.
*Haskett has been ordered to pay $10,000 in damages for violating the Ontario Human Rights Code.
*Richard Hudler, former president of London’s Homophile Association of London Ontario, complained to the Ontario Human Rights Commission after being denied a municipal proclamation for a gay pride weekend in London in 1995.
*Haskett was also ordered to declare a gay pride day or week in London this year if such as request is made.
*Haskett said she never intended to hurt the gay community.
*She’s also upset about the timing of this decision because she intends to launch her re-election campaign Thursday.
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TUPELO, MS -ABC News has quietly buried the results of its own Internet poll which showed that Americans don’t want their children watching same-sex kissing on television, according to American Family Association (AFA). The poll was in response to a lesbian kiss between actress Ellen DeGeneres and another woman on the Disney/ABC sitcom ELLEN.
Homosexual activists cheered the initial poll results, which were in their favor. However, after the final results were tallied, Gay & Lesbian Alliance Against Defamation (GLAAD) spokesperson Liz Tracey called the poll results “skewed” and “not necessarily valid.”
“Disney decided to allow Ellen’s out-of-the-closet experimentation with her homosexuality to play in primetime, and I think ABC News hoped this poll would vindicate that decision,” said Tim Wildmon, vice president of AFA. “Now that the poll proved America’s distaste for same-sex French-kissing, ABC wants to bury the results.”
The poll asked the question, “Would you allow your child to watch a lesbian kiss on television?” Initially GLAAD e-mailed its subscribers, encouraging them to vote, and early poll results reflected that push: almost 64% of respondents voted in favor of allowing children to watch a lesbian kiss; 36% against.
Thinking that the poll had ended, GLAAD declared a victory over AFA in a press release, calling the organization an “anti-gay hate group” and “a marginal radical religious group.” GLAAD Entertainment Media Director Chastity Bono claimed the results of the poll demonstrated “America’s willingness to see lesbian and gay characters represented with fairness and with the same standards as heterosexuals receive.”
AFA and other pro-family groups responded by alerting its own Internet subscribers to vote, and by the time the poll closed on October 20, the results had changed dramatically: only 46% favored the lesbian kiss; 54% were opposed.
The kiss had earned the October 8 ELLEN episode a parental advisory warning of “adult content.” DeGeneres said the advisory was discrimination against same-sex affection and threatened to quit. “This advisory is telling kids something’s wrong with being gay,” DeGeneres complained to The New York Times. The point to the show is to let kids know there’s nothing wrong with being gay, she said. “And now they’re saying children shouldn’t watch it,” she told TV Guide. ABC backed away from the confrontation and removed the parental advisory the following week.
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VATICAN CITY (AP) — In a forceful call to his clergy, Pope John Paul II said today that the church must lead the way in protecting youngsters from adult sex predators.
“The Church must repeatedly recall the need to protect all people, especially the young, being weak and defenseless,” the pope told bishops from Belgium.
He said children were often the “targets of perverted adults.”
Belgium has been battered by a series of pedophile scandals, the worst being the bungled investigation into a child sex ring blamed for the deaths of at least four girls.
John Paul asked the bishops to give the families of child sex victims assurances that “the pope remembers them in his prayers.”
Belgian Cardinal Godfried Danneels had raised the issue with the pope, decrying that “our country has had a tormented year: the violence practiced on children has created a true trauma.”
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The people of Maine voted Feb. 10 to make their state the first in the nation to repeal a homosexual rights law. Organizers of the movement to repeal the law, enacted only last June, said they had detected declining support for granting what they call special privileges for homosexuals.
“Until now, it has been looking as if homosexual rights were sweeping the nation,” said Mike Heath, executive director of the Christian Civic League of Maine, which helped gather the required signatures to get the referendum on the ballot.
“My sense is we are at a turning point, based on what happened in Washington state and here in Maine,” Mr. Heath said. He noted that Washington voters defeated that state’s proposed homosexual rights law 60 percent to 40 percent.
In the final tally, 52 percent of the voters chose to repeal the law and 48 percent voted to keep it. Voter turnout for the special election was 31 percent, well over the 20 percent that had been the most optimistic prediction.
Mr. Heath said the voters’ decision to repeal the law was all the more noteworthy because there was “a very intimidating atmosphere up here, with Gov. [Angus] King running hundreds of TV advertisements saying that if you cast a yes vote, you are a bigot.”
“A number of businessmen volunteered to me that they would like to help out more,” he said, “but fear reprisals from powerful interests in this state.”
Paul Volle, executive director of the Maine chapter of Pat Robertson’s Christian Coalition, said his group’s poll of likely voters found 67 percent favored repeal. But a recent independent survey found almost 65 percent of registered voters opposed the referendum.
Homosexual rights advocates say the law is necessary to help them fight what they call a pattern of discrimination.
“You can be fired in 40 states simply for being gay,” said David Smith, spokesman for the Human Rights Campaign, a national homosexual rights organization. “Our opponents say we want special rights, but all we’re seeking is equal rights.”
Mr. Smith said there “is anecdotal evidence that gays are being fired all over the country, but it is hard to quantify because there is no protection on the books.”
Outside organizations plowed money and effort into the campaign on both sides of the issue. Repeal supporters said they spent about $150,000 and the pro-homosexual-rights groups said they spent nearly $500,000.
The national Christian Coalition and Gary Bauer’s pro-family group American Renewal invested time and money in the repeal campaign.
Mr. Bauer’s lobbying organization invested $30,000 in advertising for the repeal campaign and sent five formerly homosexual men, all now married and with children of their own, to tell voters that homosexuality is not a genetic or immutable condition that requires civil rights protections.
Mr. Heath said a vote for repeal is not a vote for discrimination. “We don’t feel we are denying anybody access to credit or jobs,” he said. “Folks who are discreet about their sexual practices are not and never have been denied credit, public accommodations or employment in Maine, although there are isolated cases to the contrary.”
Homosexual-protection laws are on the books in Washington, D.C. and in 11 states: California, Connecticut, Hawaii, Massachusetts, Minnesota, New Jersey, Rhode Island, Vermont, Wisconsin, New Hampshire and Maine. Maine’s law has not been enforced because of the challenge mounted by the referendum supporters.
Eight other states are under executive order not to discriminate on the basis of sexual orientation in state employment: Colorado, Louisiana, Maryland, New Mexico, New York, Ohio, Pennsylvania and Washington.
Homosexuals also enjoy legal protection in Baltimore; Phoenix; Chicago; Boston; Cleveland; Portland, Ore.; Portland, Maine; Detroit; Atlanta; Bloomington, Ind.; and Miami Beach.
Jurisdictions that have overturned homosexual-protection laws include Tampa, Fla.; Cincinnati; Salt Lake City; Lewiston, Maine; Springfield, Mo.; and Ferndale, Mich.
In 1992, Oregon voters rejected a proposed constitutional amendment to label homosexuality as “abnormal, wrong, unnatural and perverse.” But in the same year, Colorado voters approved a law forbidding the courts, the state Legislature and local governments to approve homosexual rights measures. In 1996, the U.S. Supreme Court invalidated the Colorado law as unconstitutional.
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A lesbian couple’s fight for the same perks as others received a setback in the European Court yesterday.
A LESBIAN couple have lost their attempt to have the European Court of Justice extend equal employment rights to homosexuals. The judges said no EU law guaranteed equal treatment on the basis of sexual orientation.
The ruling was a surprise to Lisa Grant and Jill Percey because an initial finding from the Luxembourg court in September had upheld the couple’s complaint that South West Trains, Ms Grant’s employer, had wrongfully refused spouse’s travel perks to her partner.
However, the effect of the yesterday’s decision could be temporary, the judges noted, because the Treaty of Amsterdam, not yet ratified, sets the stage for new laws against a much wider range of discrimination, including sexual orientation. The European Commission said yesterday that it was reviewing options for new laws, but realism was needed since all 15 member states had to approve legislation and there were wide differences in attitudes to homosexual partnerships.
Ms Grant, 30, from Eastleigh, Hampshire, said: “It is now up to national governments to change legislation. We believe this was a straightforward case of sex discrimination.” Stonewall, the homosexual rights group that backed the couple, said it was bitterly disappointed. “We think it is wrong, but there is no appeal open to us,” a spokeswoman said. The group would now campaign for a British law outlawing discrimination over sexual orientation, as promised by the Labour Party in its election manifesto, she said.
The Luxembourg judges rejected the argument put by Cherie Booth, QC, acting for the women, that Ms Grant had suffered sexual discrimination when the railway company refused to give travel rights worth about £1,000 to her partner of two years. Unmarried partners of the opposite sex received the benefit. In a speech to the court last July, Ms Booth appealed to the judges to extend to homosexuals the force of Article 119 of the Treaty of Rome, which covers equal pay for men and women. “The right to human intimacy is a basic human right,” she said.
The court endorsed the argument put by Patrick Elias, QC, the Government’s barrister, that it did not have the power to stretch EU law into a controversial area. “Community law as it stands does not cover discrimination based on sexual orientation,” the judgment said.
The court made clear that it was up to governments, not judges, to push the frontiers of EU law into such a delicate area. Only a handful of states gave any form of legal recognition to homosexual partnerships, the judges noted. “In the present state of the law, stable relationships between two persons of the same sex are not regarded as equivalent to marriages or stable relationships outside marriage between persons of opposite sex.”
Nicholas Underhill, QC, for South West Trains, said the court had clearly been conscious of the risk of overstepping its powers under the treaty. “It was a bridge too far and they weren’t going to cross it,” he said.
In Ms Grant’s case, no sexual discrimination in the legal sense applied because the railway company also refused travel perks to partners of gay men, the judges said. The case now returns to an industrial tribunal in Southampton which had sought the court’s ruling on the point of European law.
South West Trains said it would discuss the decision with the Association of Train Operation Companies, which represents all the privatised rail firms and is responsible for issuing guidelines on staff travel. “We were seeking the law’s guidance for the whole industry,” a spokeswoman said.
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NEWARK, N.J. — Adam is like most 2-year-olds — quick, curious, scurrying here and there. Unlike most, his adoptive parents are both men — whose successful fight to keep their boy won the gay movement a step toward equality with heterosexuals, activists said after a landmark court settlement.
The struggle began soon after Jon Holden and Michael Galluccio began caring for Adam, then 3 months old. On Wednesday, they won a settlement that gives gay and unmarried couples in New Jersey the right to jointly adopt children, like married couples. It only affects children in state custody.
Adam Holden Galluccio, blond-haired with rosy cheeks, scurried before the news cameras.
“This is a victory about goodness and equality,” Holden said.
Conservatives, already fighting efforts to legalize same-sex marriages, were diametrically opposed.
The settlement is “a victory for homosexual activism and a defeat for children already bruised in life and in need of an intact, committed husband-and-wife family,” said Robert Knight, director of cultural studies for the Family Research Council in Washington.
“I think it’s a sad commentary,” said state Assemblywoman Marion Crecco, Republican sponsor of a bill banning same-sex marriage that has not yet made it to the Assembly floor.
“I think every child deserves to grow up with a mother and father. It’s a very natural thing,” she said.
The agreement by New Jersey authorities came in a class-action lawsuit brought in June by gay and lesbian families with the assistance of the American Civil Liberties Union. Holden and Galluccio won the right to adopt Adam on Oct. 22.
In about half the states, including New Jersey, each individual in a gay or unmarried relationship could adopt a child, but the “second-parent” adoption required an additional petition, taking more time and money.
Florida and New Hampshire bar adoptions by gay and lesbians. The rest allow individual adoption by gays and have not been tested for second-parent adoptions by a gay partner, said Michael Adams, a staff attorney with the ACLU’s Lesbian and Gay Rights Project.
Under the settlement, New Jersey must scrap its policy barring joint adoption of its wards by gay or unmarried couples.
“The settlement guarantees that all couples seeking adoptions will be judged only by their ability to love and support a child,” said Lenora M. Lapidus, legal director of the state ACLU.
The state may deny consent only by applying the same standards it applies to married couples, including “considerations such as the stability of the prospective adoptive couple’s relationship,” the settlement said.
In addition, it allows any gay or unmarried couple who believe they are denied joint adoption based on marital status or sexual orientation to ask a state judge to enforce the decree and award them legal fees.
Activists said the settlement will put more foster children in permanent homes.
Wendi Patella, a spokeswoman for the state Division of Youth and Family Services, said the agency now has custody of about 100 children who are eligible for adoption. In 1996, 687 children in the agency’s care were adopted, she said.
The agency said there are currently 15 unmarried couples seeking to adopt children in state custody.
Kate Kendell, executive director of the National Center for Lesbian Rights in San Francisco, estimated there are 8 million to 13 million children being raised by gay or lesbian parents in the United States.
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THE leader of the Anglican Church in Scotland today accuses the churches of homophobia and links this to “ignorant” Bible texts.
The Right Rev Richard Holloway, Bishop of Edinburgh, will tell the conference of the Lesbian and Gay Christian Movement in London: “Violent homophobia is still alive and kicking, and much of it is motivated by religious zeal.” He says: “The Bible, though it is one of our greatest treasures, is also our greatest danger.”
His comments will cause further anguish in a Church struggling to control the conflict over homosexuality. On Easter Day Peter Tatchell, the gay rights campaigner, pictured, was charged with “riotous or violent behaviour in a church” after disrupting the Archbishop of Canterbury’s sermon.
In his address, released yesterday to The Times, Bishop Holloway says that traditional religions are being abandoned as “primitive superstitions” because they cannot change. “This is why many feminists have abandoned Christianity,” he says. “They see it as incurably patriarchal and oppressive.”
He says the Bible can no longer be read as a fixed and unchanging law, and must be seen as “flawed and fallible”. Declaring that eventually the churches will accept homosexuality, he says: “We have recently abandoned the text’s tyranny over women, as we abandoned its justification of slavery, and soon we’ll abandon its ignorant misunderstanding of homosexuality.
“It must be acknowledged that there is a dynamic connection between the theological rejection of gay and lesbian people, based on the texts in question, and the persecution and abuse they have endured over the centuries, just as there is an obvious connection between anti‑Jewish rhetoric in the New Testament and the Holocaust.”
Bishop Holloway, 64, recently announced plans to leave the Church and stand for the Scottish parliament.
In a new book, Dr John Stott, Rector Emeritus of All Souls, Langham Place, Central London, says homosexual relationships are “incompatible with true love because they are incompatible with God’s law”.
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NEW YORK — Intolerance of homosexuality can have serious psychiatric effects for adolescents, both heterosexual and homosexual, according to psychiatrists.
Gay and lesbian teenagers have increased rates of assault, suicide, substance abuse, and homelessness. These can reflect homophobic attitudes expressed by others as well as internalized feelings of self-hatred, write Drs. James Lock and Brian N. Kleis.
Lock, of Stanford University School of Medicine, and Kleis, of Children’s Health Council, Palo Alto, California, discuss teens and homophobia in an article in the June issue of the Journal of the American Academy of Child and Adolescent Psychiatry.
Gay and lesbian youth experience frequent verbal and sometimes physical assault because of their sexual orientation: In one study, 80 percent reported verbal insults, 44 percent were threatened with violence, 31 percent were chased or followed, and 17 percent said they were physically assaulted.
The term “homophobia,” when used by psychiatrists, refers to irrationally negative attitudes toward homosexual people. Homophobia can be internalized in a gay person as part of an identity struggle caused by the emotional stress of self-acceptance and the social process of “coming out,” Lock and Kleis explain.
Young adolescents, especially boys, are concerned about the physical changes of puberty and may develop homophobia in association with anxiety about their masculinity. At this age, teenagers may need nothing more than information about sexual development, anatomy, and behavior.
If adolescents express homophobia with physical or verbal assaults, “it will be necessary to work with families, schools, and police to contain the behavior while its origins are explored in therapy,” Lock and Kleis write.
Adolescents who have already determined that they are gay or lesbian can become depressed or act out; they may be truant or run away from home, or they may project hostile feelings onto family members.
Older adolescents are more independent of their families and more interested in peer support groups. Those who are uncomfortable with openly gay peers may do better with individual therapy, as well as literature and films that “provide structure, privacy, and some psychological distance,” Lock and Kleis comment.
Gay teens with homophobic attitudes “need assistance managing the effects of persistent attacks by social institutions on their self-esteem and hopes for a successful career,” they write.
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AMERICA’S leading Roman Catholic cleric has criticised Rudolph Giuliani, New York’s Mayor, over an impending city law that would extend full legal rights to homosexual couples, putting them on a par with married couples.
Speaking from the pulpit at St Patrick’s Cathedral here, Cardinal John O’Connor, the Archbishop of New York, described the new law as “contrary to natural law and Western tradition”.
The archbishop’s ire was directed at the mayor’s Domestic Partnership Bill, now before the City Council, which would force municipal agencies to treat all unmarried couples -whether gay or heterosexual -as they would married couples, giving them the same rights in such areas as housing and death benefits.
Unmarried couples, regardless of sexual orientation, would also be eligible for “family” health insurance. The Bill is expected to sail through, since it is backed not only by Mr Giuliani, but also by Peter Vallone, the Speaker, who is a powerful voice in the Catholic community.
But Cardinal O’Connor, who has a history of intervention in the city’s political debates, has said that the legislation could provoke “moral and cultural changes in our society neither anticipated nor traditionally desired from our earliest days as a people”.
In a homily packed with references to such authorities -both spiritual and temporal -as Pope John Paul II, Cicero and the United States Supreme Court, the archbishop said: “Marriage matters supremely to every person and every institution in our society. It is imperative, in my judgment, that no law be passed contrary to natural moral law and Western tradition by virtually legislating that marriage does not matter.”
The mayor is determined to stand by his Bill. Although a conservative, his politics are more pragmatic than doctrinaire: a tenacious fighter of crime and labour unrest, he is nonetheless sympathetic to various gay causes, in part in response to New York’s powerful gay rights lobby.
Last night Mr Giuliani said: “The cardinal is a religious leader. He has every right to preach and to argue for his moral point of view. My analysis of it is that this is a human rights issue. What it really is doing is preventing discrimination against people who have different sexual orientations.”
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WASHINGTON (AP) --President Clinton signed an executive order Thursday to protect homosexual federal workers from job discrimination.
“Individuals should not be denied a job on the basis of something that has no relationship to their ability to perform their work,” Clinton said in a statement accompanying the order.
Gay and lesbian political activists heralded the move, which adds sexual orientation to the list of categories for which discrimination is illegal. The others are race, color, religion, sex, national origin, handicaps and age.
Previously, the Clinton administration had instituted the policy agency-by-agency. Thursday’s action ensures a uniform policy for civilian workers throughout the federal government.
“Since early in President Clinton’s first term, most Cabinet-level departments and agencies have added sexual orientation to their equal employment policies, but these policies were not uniformly administered,” said Kim I. Mills, education director for the Human Rights Campaign. “This executive order will remedy that situation.”
Clinton, in his statement, added a pitch to Congress to pass a long-pending bill to extend protection from job discrimination to all American workers in both the public and private sectors.
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Canada is a world leader in offering asylum to persecuted gays, writes Jacquie Miller.
When his family found out he was gay, they tied him to a hitching post and crushed a lit cigarette into his hand. His father also burned his son’s scalp in an attempt to cauterize the evil.
A few years later, the man’s boss found out about his sexual preference, and fired him. Then police raided the man’s home, found a few gay magazines, and threw him in jail. He was beaten and tortured.
Released from jail after two weeks, the man staggered on to a Moroccan beach, shaking and chain smoking, and “cried his eyes out.”
Moroccan beaches are known as a mecca for gay tourists. But for residents of the Muslim country, homosexuality is a family shame and potentially life-threatening.
The man finally fled to Canada after his family tried to force him into an arranged marriage. Four months ago, the 31-year-old Moroccan joined a small but growing number of gays and lesbians who have been granted asylum. Canada is a world leader in offering haven to sexual minorities who are in danger in their home countries.
The first reported case in Canada was in 1992, when a gay man from Argentina who had been beaten and raped by police was given refugee status. Since then, Canada probably has accepted more gay refugees than any other country.
It’s difficult to compare, because Canada, the U.S and many European countries don’t track the numbers. But at least 160 people have been granted refugee status in Canada based on their sexual orientation, interviews with immigration lawyers across the country indicate.
At least 60 homosexuals have won asylum in the U.S., according to the San Francisco-based International Gay and Lesbian Human Rights Commission. Human-rights and refugee groups are aware of only a handful of gays winning asylum in other countries, primarily western Europe, Australia and New Zealand.
“We’re pretty well in the forefront,” said Mike Bell, an immigration lawyer who splits his time between Ottawa and St. John’s, Nfld. He’s represented 40 gay men, all of whom won refugee status.
The stories they bring before Canada’s Refugee Board are a catalogue of abuse suffered by sexual minorities around the world. They’ve been jailed, beaten, tortured, raped, fired from their jobs, and thrown into mental institutions to be “cured.”
The Moroccan man, whose case is documented in a Canadian legal data base, now he lives in Vancouver. His emotional health is fragile, and he suffers from depression. He declined a request for an interview.
It’s been easier to argue gay claims in Canada since the Supreme Court in 1993 clarified that sexual orientation could be grounds for refugee status. But it’s only recently that many homosexuals realized they could seek asylum. “The word is getting out that there is a safe haven here,” said Mr. Bell.
Juan and his partner, for instance, had visited Canada from their home in Mexico several times, but it wasn’t until 1994 that a friend told them about the possibility of gaining refugee status.
Juan, 26, asked that his real name not be used because it might cause problems for his family back home.
It’s impossible to live as an openly gay man in Mexico, Juan said in a telephone interview from his home in Vancouver. There is widespread violence and discrimination against homosexuals in Mexico, much of it by the police, according to human rights groups.
“You have to watch what you say, how you talk, all the time,” said Juan. But hiding his sexuality became more difficult after he met his partner, “on the 19th of May, 1990, that’s our anniversary,” he said. When the two men moved in together, neighbours suspected. “Everyone was watching. Did we bring girls or not bring girls to the house? It was a lot of pressure. We were scared all the time.”
Anti-gay slurs were painted on their door, and once the pair had to bribe police to avoid trouble when officers found a gay magazine in the trunk of their car.
And before that, his partner was almost killed by a man who attacked him with an ice pick after a sexual encounter. “The most dangerous people in Mexico are gay people who don’t accept themselves,” said Juan. Police refused to investigate the attempted murder because the victim was gay, he said.
Juan and his partner won refugee status last year. Juan now works in an office on Davie Street, in the heart of Vancouver’s gay district. He says living in Canada is a “dream come true.
“There is a lot of freedom, you can use your mind on other things, you don’t have to worry so much.”
Like other refugee claimants, gays must prove they face “persecution” in their home country. It’s a vague term that is open to interpretation by the Refugee Board members who judge the claims. Usually, claimants must prove they face more than just harassment --for example, being beaten, imprisoned, raped, or having their lives threatened.
Claimants must also prove their state won’t protect them. After all, gay bashing happens in Canada as well, but police investigate and courts prosecute those responsible.
That’s not the case elsewhere. In about 50 countries, homosexual sex acts are against the law. In other countries, discrimination and violence against homosexuals is tolerated, or condoned by authorities.
Mario Gonsalves says he couldn’t turn to the police for help in his native Antigua.
Mr. Gonsalves said he told no one, not even his family, that he was gay, but it was difficult to hide because of his mannerisms and the way he carried himself. “I would walk down the street, keep looking over my shoulder, and pretend to be someone else.”
Once, a crowd of men followed him home, threw stones at his house and spray-painted “kill batty-man” (a derogatory term for gays) on his door.
A local police officer often called him “faggot” and threatened him. One night, that police officer trailed him down the street. The officer pushed Mr. Gonsalves into an alley, beat him with a baton, and raped him. “He told me if I told anybody he would kill me.”
Mr. Gonsalves came to Canada in the spring of 1995 to visit and ended up on the street, where a counsellor for the homeless suggested he apply for refugee status.
His claim was accepted, but his life in Toronto has been difficult. Shortly after he arrived in Canada, friends back home told him the police officer who raped him had died of AIDS. Mr. Gonsalves got tested. He was HIV-positive, and now has AIDS.
Mr. Gonsalves, 23, spends his days doing volunteer work and trying not to think about the future. “I miss home, actually,” he said. “But I can be myself here, I don’t have to hide any more. People accept me for who I am.”
Many of the refugees accepted by Canada are from Muslim countries and South American states like Venezuela, Chile, and Brazil, where societies are intolerant of homosexuals. But gays have won refugee status in Canada from at least 30 countries around the world, from eastern Europe to the Caribbean.
Canada’s Refugee Board doesn’t keep track of the acceptance rate, but lawyers who represent the claimants say most are successful.
However, a lot depends on the board members hearing the case, says Toronto lawyer El-Farouk Khaki. He’s represented about 60 gay and lesbian clients, and estimates 70 per cent were accepted.
“Some members of the board are open to understanding what gay-lesbian persecution is all about, and there are others who just don’t get it,” said Mr. Khaki.
Indeed, a review of 30 Refugee Board decisions shows wide variations, depending on which members decide the case. For example, one gay man from Mexico had difficulty holding a job and had been harassed by police. The refugee panel turned him down, saying the treatment he received didn’t amount to persecution, and that police harassment was a problem for everyone in Mexico, not just homosexuals.
But another panel granted refugee status to a gay man from Mexico who had been detained by police once but not physically harmed.
Board members also disagree on whether homosexuals should be expected to try to avoid persecution at home by hiding their sexuality. For example, one refugee panel rejected a man from Morocco who said he was unable to live openly as a homosexual. The panel said the man faced a “general social constraint” on his sexual life, not persecution.
Mr. Khaki says some panel members have asked his clients why they can’t simply be discreet about their sexuality. He argues that’s a different standard than applied to people fleeing persecution because of their politics or religion. Would a refugee panel ask a Jew facing persecution to be discreet by changing his name and denying his religion, he wonders?
Another complication is the difficulty in obtaining documentary evidence about the status of homosexuals in other countries. Established human rights groups have only recently begun collecting information on persecution suffered by gays. And because of the stigma and secrecy surrounding homosexuality, especially in conservative cultures, it’s often hard to collect evidence of abuse. People are reluctant to talk about it.
That’s not surprising given conditions in some countries. In Iran, for instance, the penalty for gay sexual activity is death. In Colombia, death squads target sexual minorities as part of their “social cleansing.”
In Russia and Ukraine, laws criminalizing homosexual sex have been lifted, and gays are no longer sent to the gulags. But entrenched hatred of homosexuals endures, and police do little to protect them from violence or extortion by criminals.
“These people are coming from cultures where you’d be as likely to fly to the moon as come out of the closet,” said Toronto lawyer Mary Tatham. Sometimes refugee claimants are even reluctant to tell their Canadian lawyers the real reason they are in danger back home.
Ms. Tatham said she was puzzled by a client from the Middle East who explained he had been threatened by paramilitary groups who believed he had access to sensitive information from a high-ranking politician. The story didn’t make sense. The man had a low-level job, and would be unlikely to have contact with such a high-level official.
Finally the man admitted that the high-ranking official was, in fact, his lover. “I knew he was gay,” said Ms. Tatham. “But he was so ashamed. He didn’t want to talk about it.” The man won refugee status in Canada.
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The issue: Employment benefits for homosexuals in the federal government.
What’s new: A human rights tribunal has ruled the government must provide the same medical, dental and other benefits to same-sex couples as it gives opposite-sex couples living common law.
What’s next: Justice Minister Allan Rock must decide whether to appeal the ruling to the Federal Court. If not, it is expected to apply in federally regulated industries, such as banks, railways and airlines.
Ruling expected to have impact in private sector
By Kathryn May and Stephen Bindman Citizen staff and Southam News
A landmark ruling on Thursday does far more than just guarantee gay public servants the same benefits as heterosexual common-law couples.
To Linda Wilson, a gay scientist at Natural Resources Canada, “It allows us to put humanity in our lives and actually perform the responsibilities of taking care of our families.”
To opponents of gay rights, it is confirmation of their fears that a recent amendment to human rights law would lead to a redefinition of the traditional family.
The decision by a Canadian human rights tribunal, if not successfully appealed, will likely also apply to federally regulated businesses such as banks, railways, airlines and telecommunications firms, lawyers say.
It does not cover pensions, the subject of a separate court battle.
The three-member panel said it is now “crystal clear” that it is illegal to deny the same benefits to same-sex partners that would be provided to opposite-sex common-law spouses.
Within 60 days, the federal government must prepare an inventory of all laws and regulations that discriminate against same-sex common-law couples. It must also prepare a “proposal for the elimination of all such discriminatory provisions.”
The sweeping ruling is likely to reignite the debate over gay rights.
Last month, over the objection of many Liberal backbenchers, the Commons voted to add sexual orientation to the list of prohibited grounds for discrimination in the federal human rights law.
Thursday’s ruling did not specifically involve that amendment. But many of the amendment’s opponents argued that it would inevitably lead to same-sex benefits and a redefinition of the traditional family.
“I said the night after the vote passed I hoped I was wrong,” said Liberal MP Dan McTeague, who voted against the amendment. “I guess today I’m right, and I’m not a happy camper.”
The battle for same-sex benefits in the public service has dragged on for more than a decade. The issue, which proved divisive among union ranks, was fought over at the bargaining table and was the subject of grievances and complaints to the Canadian Human Rights Commission.
The decision came in test cases involving two public servants:
Dale Akerstrom, an Immigration employee who was denied health and supplementary death benefits in 1992 for his partner, Alexander Dias; and Stanley Moore, a Foreign Service officer who was denied relocation costs for his partner, Pierre Soucy, when he was posted to Indonesia in 1991.
“They were quite willing to pick up these expenses for my cat, Lady Jasmine, but they refused to cover any of the expenses whatsoever of my partner,” said Moore.
“I find that a very sad comment on how they feel about gays and how gays bond with one another.”
There are more than 100 other same-sex benefits cases awaiting hearings by human rights tribunals. The exact scope of Thursday’s ruling, especially for non-government employers, may have to be fleshed out in future cases.
For years, opponents argued that extending benefits to homosexuals would add substantially to the payroll. But Treasury Board estimates it will add only $1.2 million to $2.4 million for health care, and $650,000 to $1.3 million for dental care, to the $10-billion federal wage bill.
Some fear the government could force workers to pay the price in upcoming contract negotiations. Treasury Board has already warned unions that rising medical and dental costs must be reined in or workers could face lower wage increases.
But one Treasury Board official dismissed those fears.
“I would like to think we wouldn’t hammer them on cost because of evolving social justice.”
In November, the government decided to extend some low-cost spousal benefits, such as bereavement, relocation and family leave, to same-sex couples, but withheld the costlier medical, dental and pension benefits.
“Now comes the pensions,” says Joan Cotie, an employee with the Northwest Territories government and a lesbian activist at the Public Service Alliance of Canada.
“Until we are equal with everyone else, we have to keep chipping away at the resistance until we have all the same benefits -and equality,” Cotie said.
Cotie is the partner of a federal public servant who will now be covered by her benefit plans.
“But this was never a money thing ... What makes me so happy is that we will be treated the same as everyone else.”
Cotie says winning benefits won’t change attitudes.
“Just because we receive the same benefits doesn’t mean it will change how we’re treated by co-workers, managers and employers ... and there’s a lot of homophobia still out there.”
Tim Wilson, a Senate committee clerk, said the ruling won’t be enough to bring gays out of the closet because homosexuality “is still a career-limiting move -especially the higher you go.”
Linda Wilson said: “I hope to live with my partner until we’re little old ladies and if society doesn’t help me take care of her it will end up costing society more to do it.”
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St. Andrew’s Presbyterian Church in Lachine, Quebec, is a small, A-frame, glass and brick building, which looked very modern (and big) in the late 1950s and early 1960s, when, on sunny Sunday mornings (the only type of Sunday morning in my memory of that era) my siblings and I attended its Sunday school, learned the Ten Commandments and the Apostle’s Creed, and heard the many dozens of Bible stories and sermons that somehow, deeply subliminally no doubt, still shape our behaviour. Its architectural daring, for the time, was in no way typical of the ordinary, but in all ways pleasant, postwar subdivision it served.
Having (quite pompously, I’m sure) become apostate in my early teens, I haven’t been inside the church in two or three decades. From the outside, as the bricks have worn and the ivy ascended, it has attained the look of something that once was avant-garde and modern but is now commonplace.
I found myself wondering this week whether, in 30 more years, its policy on homosexual ministry will have acquired the same patina: once bold, now commonplace. For, to the great surprise of anyone who attended it, St. Andrew’s finds itself in the national spotlight, its congregation having decided to support an openly gay minister, against the church’s teaching and in defiance of its national authorities.
One of the rebel elders, I have been shocked to learn, was in my Sunday school class. (“Shocked,” not because of his views, but because he is now an “elder.” Where has the time gone?) My most vivid childhood memory of him was as the perennial victim in a charming schoolyard game we played. Called “call-tackle,” it involved (naturally) calling a person’s name and then having everyone tackle, jump on, and generally pummel him. The victim then got to call a name, which meant that this poor fellow was usually called every other turn. (Children aren’t more vicious today, just better armed.) My former classmate, despite these heavy odds against him, appears to have turned out quite reasonably. The national presbytery should be warned: They are up against stern stuff.
You might think that after the Supreme Court’s recent Vriend decision, in which an instructor fired from a Christian college successfully sued Alberta for not including sexual orientation in its human rights code, the national Presbyterian church will have to cave in --and quickly. It may well do that, but it’s not clear the law will force it to.
In fact, the great irony of the Vriend case is that one of the few Albertans whose job may not be protected by the court’s “reading-in” of sexual orientation into the Alberta code is Delwin Vriend, who brought the suit.
The Alberta code contains an escape clause that says discrimination is permitted if it is based on a “bona fide occupational requirement.” If a church taught that homosexuality was immoral, a reasonable person might conclude that not being a homosexual was a “bona fide occupational requirement” of being a minister in that church. Similarly, a reasonable person might conclude, in Mr. Vriend’s case, that a Christian college that did not approve of homosexuality might be justified in asking that its employees not be openly homosexual.
In its decision in Vriend, the court explicitly recognized that the rights of homosexuals, which it felt were implied by the Charter, had to be balanced against the right to religious freedom, which is explicitly mandated in the Charter, but it argued that this balancing could be undertaken by the Human Rights Commission “on a case-by-case basis in specific factual contexts.” Balancing didn’t justify leaving sexual orientation out of the human rights act altogether, as the province had argued.
If the courts do allow such discrimination, that would give rise to the anomalous situation in which churches that believe homosexuality is a sin will be able to discriminate, but members of these churches, in their private lives away from their church, will not be able to give effect to their moral beliefs by, for instance, not hiring or renting to homosexuals.
In fact, given the great emphasis in Vriend on how human dignity is available only in a world without discrimination, it’s hard to believe the courts will allow the religious exemption much longer. In the end, gay rights seem bound to trump religious rights.
Oh, yes. Why did we pick on my former Sunday-school mate? We thought he was, in the pre-modern meaning of the word, queer: that is, different, an outsider, not quite one of us. In retrospect, we probably all feel ashamed at how we treated him. Though not because the Charter says we should.
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Judges order Alberta to protect homosexuals
The Supreme Court of Canada confronted its critics head-on yesterday, declaring that unelected judges have a constitutional duty to overrule elected legislators if they fail to protect minorities.
The court ordered Alberta to include protection for homosexuals in its human-rights legislation, commenting that the province’s failure to do so “sends a strong and sinister message, ... tantamount to condoning or even encouraging discrimination against lesbians and gay men.”
Speaking with rare unanimity, the country’s top court said yesterday such judicial activism under the charter of rights, far from being undemocratic, actually “enhances the democratic process.”
And it again reminded politicians that they may have the final say by invoking the controversial notwithstanding clause --the “ultimately parliamentary safeguard” --to override the court’s rulings.
Although individual judges have expressed similar sentiments before in speeches and interviews about judicial power, rarely has the entire court found it necessary to devote so much time in a judgment to a justification of its own role.
The ruling is also significant because it is one of the first times the top court has explicitly told a government what it must do in passing a law as opposed to what it may not do.
The Alberta government and several religious groups argued it is up to elected legislators, not appointed judges, to decide such contentious issues as gay rights.
The ruling ends a seven-year dispute that started when an Edmonton religious school fired teacher Delwin Vriend upon discovering he was gay. Mr. Vriend went to court after learning he couldn’t complain to the Alberta Human Rights Commission because the law didn’t cover his grievance.
In 1994, the Court of Queen’s Bench ruled in Mr. Vriend’s favour; however, the decision was overturned by Mr. Justice John McClung of the Alberta Court of Appeal.
Judge McCLung ruled in 1996 the human rights law was not unconstitutional, and slammed “crusading, ... ideologically determined, ... constitutionally hyperactive judges.”
Much of yesterday’s ruling was devoted to a detailed rebuttal of that scathing critique, which one conservative commentator heralded as the first shot in the “charter counter-revolution.”
Writing for the Supreme Court, Mr. Justice Frank Iacobucci said “hardly a day goes by” without some criticism that, through charter of rights rulings, courts are meddling or wrongfully usurping the role of legislatures.
But such critics, Judge Iacobucci wrote, misunderstand what transpired when the charter was passed by Parliament and the provinces in 1982, “commanding” judges to invalidate unconstitutional laws.
He called the charter a “new social contract that was democratically chosen.
“Our charter’s introduction and the consequential remedial role of the courts were choices of the Canadian people through their elected representatives as part of a redefinition of our democracy,” he wrote.
“Our constitutional design was refashioned to state that henceforth the legislatures and executive must perform their roles in conformity with the newly conferred constitutional rights and freedoms.
“That the courts were the trustees of these rights insofar as disputes arose concerning their interpretation was a necessary part of this new design.”
He said courts are not meant to second-guess legislatures and the executive or to make value judgments on what they regard as policy decisions. “Rather the courts are to uphold the Constitution and have been expressly invited to perform that role by the Constitution.”
He explained the charter has given rise to a “dialogue” between the different branches of government --the courts speak to the legislature and executive by reviewing laws to ensure they are constitutional and the legislature responds to the courts by introducing new legislation.
“This dialogue between, and accountability of, each of the branches have the effect of enhancing the democratic process, not denying it.”
The court’s reminder that the notwithstanding clause gives politicians “the final word in our constitutional structure” is significant, given that Alberta Premier Ralph Klein has set up a special committee to decide whether to use the section to override yesterday’s ruling.
Last month, a massive public outcry forced Mr. Klein to abandon efforts to use the section to limit compensation for the victims of forced sterilization.
Judge Iacobucci said democracy means more than majority rule: It also requires legislators to take into account the interests of majorities and minorities alike.
“Where the interests of a minority have been denied consideration, especially where that group has historically been the target of prejudice and discrimination, I believe that judicial intervention is warranted to correct a democratic process that has acted improperly.”
But the court’s self-defence did little to convince University of Calgary political scientist Ted Morton, who has emerged as one of the leading critics of judicial activism.
He called the Supreme Court’s latest comments “facile legalism.”
“Maybe they realize this is an unsurpassed example of judicial law-making and they finally are having pangs of conscience,” he said.
Mr. Morton said the only minorities the court is prepared to protect are those “favoured by the social left.”
“Why not unborn children, why not smokers, why not gun owners? There are more restrictions on smokers and gun owners in Alberta than there are on homosexuals.
“There’s a political bias. This minorities game can be played left, right and centre and the court plays it right down the left lane.”
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A homosexual teenager yesterday won the right to be placed with gay foster carers after a two-year battle.
A High Court judge was told that a London council’s social services department had at last agreed to his request. Fifteen-year-old “H”, who cannot be named for legal reasons, had started a legal challenge against Wandsworth council accusing it of “unreasonably and irrationally” refusing to give due consideration to his wish to live with homosexual foster carers.
His application for judicial review was withdrawn after the council indicated it would now comply with his request. H, whose ambition is to become an “all-singing, all-dancing” performing artist, hugged his legal team outside court and said: “I am really happy -2 1/2 years of torment are finally over.”
His solicitor, Paul Aitchison, said: “If this child had been a black child, a request for a black-based placement would have been acceded to almost immediately. Wandsworth adopted a political stance, rather than a child-centred stance.”
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SAN FRANCISCO — Lesbians appear to be at a higher risk for developing breast cancer than heterosexual women, according to a new scientific study.
“The answer appears to be a qualified yes,” the San Francisco-based Gay and Lesbian Medical Association said in a news release received on Tuesday.
“More research still needs to be done, but the results of this study indicate that there are significant differences between the two groups of women.” The research, led by Dr. Stephanie Roberts, medical director of Lyon-Martin Women’s Health Services in San Francisco and Suzanne Dibble, associate adjunct professor at the University of California, San Francisco, compared the charts of 1,019 women who attended Lyon-Martin between 1995-97.
About 57 percent of the women identified themselves as heterosexual, while 42 percent said they were lesbian. All of the women were low income and lacked health insurance.
The study, which appears in the current issue of the Journal of the Gay and Lesbian Medical Association, found that the lesbians scored significantly higher on three previously identified risk factors for breast cancer — high body mass index, fewer pregnancies and more breast biopsies.
The researchers found no significant difference between the two groups on risk factors such as family history of breast cancer, current or past alcohol use, or having had a mammogram.
While the study found no statistically significant difference in the prevalence of breast cancer among the two study groups — five cases identified in the lesbians, three in the heterosexual women — they said the fact that the women in the study were in their early 40’s could mean the difference would become more apparent as they age.
“Our study underscores the need for more research that compares lesbian and heterosexual women of different ages and economic groups,” Roberts said. “Our study shows the importance of encouraging lesbians to seek medical care on a regular basis.”
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WASHINGTON (AP) --A gay aviator kicked out of the Navy after appearing on national television in 1992 to say he’s homosexual lost a Supreme Court appeal Monday.
The justices, for the fourth time in recent years, rejected a challenge to the military’s “don’t ask, don’t tell” policy on military service by homosexuals.
The nation’s highest court never has ruled on the policy’s constitutionality, but consistently has refused to hear the appeals of former service members ousted for discussing their homosexuality.
Tracy Thorne, a former bombadier-navigator, contended in a strongly worded appeal turned away without comment that the policy is based on “bigotry” and “invidious and irrational prejudice.”
Thorne appeared on the ABC news program “Nightline” in May of 1992 to urge an end to the ban then in place on military service by homosexuals. During the program, he disclosed his sexual orientation.
Within days of his television appearance, the Navy notified Thorne of discharge proceedings.
He was not discharged, however, until March 6, 1995. In the interim, Thorne was awarded the Navy Achievement Medal for “superb leadership, exceptional professionalism and total devotion to duty.”
Thorne was a reservist by the time of his honorable discharge for “homosexual admission.”
He sued, contending that the military’s policy violated his free-speech and equal-protection rights. A federal judge and the 4th U.S. Circuit Court of Appeals ruled against him.
The policy requires a board of inquiry proceeding for any service member who states that he or she is homosexual to determine whether that person is someone who “engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual acts.”
The policy states that the service member can attempt to rebut the presumption that he or she has engaged in, or has a propensity to engage in, such acts.
Thorne’s Supreme Court appeal said the number of people ousted from the military under the policy has increased each year since 1994. “Almost 1,000 servicemembers were discharged ... in 1997 alone, a number that surpasses the number discharged annually under the former ban ... between 1990 and 1992,” the appeal said.
“Gay and lesbian servicemembers who want to serve their country while living an open and honest life are the victims,” the appeal said. “This victimization will continue absent guidance from this court.”
Clinton administration lawyers urged the court to reject Thorne’s appeal, noting that three other federal appeals courts have upheld the “don’t ask, don’t tell” policy.
Thorne was 25 and based at the Oceana Naval Air Station in Virginia when his TV appearance occurred. He grew up in West Palm Beach, Fla., and graduated from Vanderbilt University.
The case is Thorne vs. Department of Defense, 98-91.
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Criticism of homosexuality is being suppressed as “hate speech” in the wake of Matthew Shepard’s death, causing incidents on college campuses and leading a Los Angeles hotel on Oct. 23 to evict a conference on whether homosexuality is curable.
Mr. Shepard, a 21-year-old University of Wyoming student, was robbed and severely beaten on Oct. 8. His death on Oct. 12 sparked nationwide protests and vigils.
The backlash from his death started two weeks ago when Amy Tracy, a former lesbian and spokeswoman for Focus on the Family, got booted off the Boston College campus. Critics say she was promoting the “hate” they blamed for Mr. Shepard’s death.
Campus fliers billed Miss Tracy’s topic as “Feminism, Sex and the Search for Truth.” She was slated to speak to Chi Alpha, a campus outreach group of the Assemblies of God.
Brad Cooper, adviser for Chi Alpha, said he was summoned to the office of the dean of students to explain the invitation. Mr. Cooper said the dean, Robert Sherwood, wrongly associated Focus on the Family with the Rev. Fred Phelps of Topeka, Kan., who led anti-homosexual protesters at Mr. Shepard’s funeral.
“I don’t want homophobes and gay bashers on this campus,” Mr. Cooper said Mr. Sherwood told him.
Mr. Cooper said that he offered to move Miss Tracy’s speech to another slot, but that Mr. Sherwood and the college chaplain, the Rev. Richard Cleary, refused.
“This has been boiling my blood since it happened,” Mr. Cooper said. “It’s a shame this goes on, especially at a university.”
The college’s version of the story is that officials objected to the three private bodyguards Miss Tracy wanted to bring on campus, as college policy does not allow firearms.
“We’ve had many controversial speakers on campus,” college spokesman Reid Oslin said. “Dean Sherwood said we made it very clear to Brad that we were not forcing him to cancel the speaker but we felt from a security point of view he was not providing us with sufficient information.”
Boston College was founded by Jesuits, as was Georgetown University, where 2,500 copies of the conservative student newspaper the Academy were stolen the night of Oct. 8 after the newspaper criticized the campus’s new “safe zone” policy encouraging tolerance for homosexuals.
The Academy also called on Georgetown’s president, the Rev. Leo J. O’Donovan, to resign for inviting President Clinton, an alumnus, to be guest of honor at the university’s kickoff of its fall capital campaign.
“At first we thought people thought it was a really great issue and that they were snatching them up,” Academy Editor Sean Rushton said. “Then we realized whole stacks were missing.”
The Hoya, another campus newspaper, applauded the destruction of the papers in an Oct. 16 editorial. Father O’Donovan declined to condemn the theft for two weeks, finally doing so just before the Arlington, Va.-based Student Press Law Center sent a letter to him on Oct. 23 suggesting “a failure to respond sends the wrong message” about First Amendment rights on campus.
He also issued a one-paragraph statement on free-speech rights --which did not mention the Academy --and directed Georgetown’s dean of students, James Donahue, to look into the theft. Father O’Donovan also sent a private letter to the editors of the Academy that referred to “alleged” removal of the copies.
“It will not surprise you that I have often found the Georgetown Academy to be objectionable in content and tone,” the president wrote. “That said, I adamantly believe that students have the right to publish the Georgetown Academy and to distribute it.”
This was little consolation to the newspaper’s publisher, Brooken Smith, who, with a friend, attended a student vigil commemorating Mr. Shepard’s life at Georgetown on Oct. 21.
“We were kind of startled when an assistant Roman Catholic chaplain got up, and at the end of his speech, he pleaded that the people who were writing the hate articles would refrain from doing it,” he said. “His wording was ‘hate articles.’ We took it to refer to the Georgetown Academy, one of only two publications that have criticized the safe zone program.”
The Academy reprinted its missing run two weeks ago and began redistributing the issue on campus on Oct. 26.
In Los Angeles two weeks ago, a conference of 50 therapists, doctors, politicians, social scientists and conservative activists examining the “ex-gay” movement were booted from their meeting place less than 24 hours before their annual conference.
The Encino, Calif.-based National Association for Research and Therapy of Homosexuality said it was informed by the Beverly Hilton in Beverly Hills it was canceling the conference. Hotel spokeswoman Marcia Neuberger said NARTH and its co-sponsor, the Claremont Institute, had not signed a formal contract or paid for the conference.
But NARTH director Joseph Nicolosi said the group had already paid the Hilton a $5,000 deposit check, which the hotel had already cashed. He says the real reason behind the cancellation was a deluge of phone calls to the Hilton’s switchboard.
“Their phone lines were swamped with gay activists,” he said. “They said they would picket and disrupt the conference. The hotel had a choice between free speech and dollars, and they chose dollars.”
Organizers scrambled on Oct. 22 to find an alternate site, finally landing at the Regal Biltmore in downtown Los Angeles. At its own expense, the hotel beefed up security for the conference for the approximately 50 demonstrators who blocked the doors on Oct. 24. A few protesters worked their way past the guards and disrupted conference sessions, Mr. Nicolosi said.
“People within the gay community found out and put pressure on the hotel, and they caved into that pressure,” said John Paulk, a gender and homosexuality analyst for Focus on the Family who was at the conference. “So much for First Amendment rights. We live in a police state where we can’t express our opinion.”
Unable to get NARTH to cancel its conference, lesbian activist and Los Angeles City Council member Jackie Goldberg got all 15 council members to sign a statement on Oct. 23 condemning the conference as promoting “fear and intolerance.”
“Being condemned by the city of Los Angeles is a powerful thing,” Mr. Nicolosi said. “It’s outrageous that the city would draw a parallel between a professional organization discussing treatment options and a brutal murder. It’s slanderous.”
The Rev. Lou Sheldon, president of the Traditional Values Coalition, said the “hate crime” designation is increasingly going to be applied against those who believe homosexuality is wrong.
“What Hitler began to build against the Jews is now being built against people of faith who believe the Scriptures are valid for today and their injunctions against certain sexual behaviors is correct,” he said.
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Top court ruling expected to topple hundreds of laws
Hundreds of laws denying equality to gays and lesbians are expected to come crashing down across Canada following a Supreme Court ruling yesterday that effectively changes the meaning of spouse to include same-sex couples.
Denying homosexual couples the same legal rights and responsibilities as heterosexuals is an affront to “human dignity” and sends a misguided message that gay relationships do not deserve respect, the court concluded.
The judges, in an 8-1 ruling, struck down as unconstitutional an Ontario family law barring gays and lesbians from seeking alimony when relationships collapse.
“Certainly, same-sex couples will often form long, lasting, loving and intimate relationships,” wrote Justice Peter Cory in what is likely his last ruling before he retires next week.
“The choices they make in the context of those relationships may give rise to the financial dependence of one partner on the other. When a relationship breaks down, the support provisions help to ensure that a member of a couple who has contributed to the couple’s welfare in intangible ways will not find himself or herself utterly abandoned.”
Gay-rights activists embraced, cheered and talked of popping champagne corks in celebration of what they described as the most significant declaration in favour of homosexuals ever handed down by the high court.
“Welcome to a more equal Canada,” a beaming John Fisher, of the group Equality for Gays and Lesbians Everywhere, said in the foyer of the Supreme Court with his partner of four years at his side.
The ruling was a defeat for the Conservative government of Mike Harris, who immediately promised to rewrite Ontario family law to abide by the decision. The court gave the government six months to overhaul its impugned family laws.
“It’s not my definition of family,” Mr. Harris said in Hamilton, where he was campaigning for the June 3 election. “But it is others, and the courts have ruled that’s constitutional.”
The decision, the culmination of a seven-year battle between two lesbians from Toronto known as M and H, is expected to affect everything from pensions to property and alimony to adoption across the country.
Several other premiers, including Saskatchewan’s Roy Romanow and Manitoba’s Gary Filmon, also said at a meeting of western premiers that they will go along with the ruling.
British Columbia is the only province that includes same-sex couples in the definition of spouse. Quebec has tabled similar legislation.
The federal government, battered by losses in the lower courts, also is planning to amend 58 statutes at an estimated cost of up to $14 million.
Justice Frank Iacobucci, who wrote the majority opinion with Judge Cory, cautioned that the ruling does not go as far as recognizing gay marriages, but is only intended to put homosexual couples on the same legal footing as common-law couples.
As well, Judge Iacobucci said, the decision does not amount to instant alimony for estranged homosexual couples, but only allows them through the doors of the family courts to seek redress instead of being forced on to welfare.
That, he concluded, is more important that ever, since gays and lesbians are increasingly raising children.
“Although their numbers are still fairly small, it seems to me that the goals of protecting children cannot be but incompletely achieved by denying some children the benefits that flow from a spousal support award merely because their parents were in a same-sex relationship,” said the 182-page ruling, the longest handed down in years.
Justice Charles Gonthier, the lone dissenter in the case, sided with the Ontario government, which had argued that alimony should be reserved for heterosexual relationships to protect women who stay at home to raise children.
“While long-term same-sex relationships may manifest many of the features of long-term opposite-sex relationships, the same dynamic of dependence is not present,”he wrote.
Judge Gonthier, who described the ruling as a “watershed,” disputed his benchmates’ contention that their decision will not open the family courts to other non-traditional couples who live together, such as siblings and friends.
“I believe that the stance adopted by the majority today will have far-reaching effects beyond the present appeal,” he warned. “The majority’s decision makes further claims not only foreseeable but also very likely.”
The decision no longer affects M and H, who had lived together for 10 years before they split up in 1992.
M, who had less than $10 in her bank account when they separated, found she couldn’t sue for support from the wealthier H because Ontario’s Family Support Act defines spouse as a partner of the opposite sex.
The estranged couple settled before the Ontario government took the case to the Supreme Court last year, so the ruling no longer affects them.
M, who considers the decision a symbolic victory, described herself yesterday as an “accidental activist.”
“At the end of the 20th century it is long overdue that lesbian and gay people are not just tolerated in Canadian society, but are recognized and included as full, valuable, participating members,” she said in a statement that her elated lawyer, Martha McCarthy, read at a Toronto news conference.
H also claimed victory because the Supreme Court handed gays and lesbians the right to strike written agreements to opt out of the alimony obligations.
Ontario’s former NDP government had supported M, who had won in the lower courts, but the Tory government, after coming to power, decided to appeal.
Despite pleas yesterday from church groups and others opposed to the decision, Mr.Harris said he would not use the Constitution’s notwithstanding clause to override the ruling.
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In a landmark ruling that throws an estimated 1,000 laws across the country into question, the Supreme Court of Canada yesterday declared Ontario’s Family Support Act unconstitutional because its definition of a spouse excludes men and women involved in same-sex relationships.
The eight-to-one majority decision, which came after 14 months’ deliberation, upholds an earlier Ontario Court of Appeals finding in favour of a Toronto lesbian known only as M. The woman had argued she was being discriminated against because she did not have the legal right to sue H., her former lover of 10 years, for support.
“The legislation has drawn a formal distinction between the claimant and others, on the basis of a personal characteristic, namely sexual orientation,” Justices Peter Cory and Frank Iacobucci wrote for the majority.
“The exclusion of same-sex partners from the benefits of [the Family Law Act] promotes the view that M., and individuals in same-sex relationships generally, are less worthy of recognition and protection.
“It implies that they are judged to be incapable of forming intimate relationships of economic interdependence compared to opposite-sex couples, without regard to their actual circumstances. Such exclusion perpetuates the disadvantages suffered by individuals in same-sex relationships,” the judges said, ruling the legislation violates the spirit of the Charter of Rights and Freedoms.
Martha McCarthy, M.’s chief counsel, hailed the decision as a major victory for all Canadians, not just gays and lesbians.
“The Supreme Court of Canada has recognized the equal rights of same sex couples once and for all,” a jubilant Ms. McCarthy told a crowd of supporters and media at a Toronto hotel.
“It is a day for celebration . . . for everyone who cares about the cause of social justice and equality in this country.”
The lawyer compared the decision to landmark civil rights victories for blacks in the United States and women in Canada.
She said the high court’s clear and unequivocal pronouncement in support of homosexual rights sets a precedent that greatly favours future Charter challenges against laws that differentiate on the basis of sexual orientation.
Ms. McCarthy said her client, who has chosen to remain anonymous, is relieved to finally see the end of her six-year legal struggle.
In a written statement, M. described the case as the culmination of her lifelong battle against prejudice.
“At the end of the 20th century, it is long overdue that lesbian and gay people are not just tolerated in Canadian society, but are recognized and included as full, valuable, participating members,” she wrote. “This decision will bring us one step closer to that goal.”
In the wake of the ruling, organizations representing gays and lesbians called on all governments in Canada to bring their family laws into line with the spirit of the judgment. After an almost unbroken series of significant court victories for those seeking equality for homosexuals, politicians can no longer duck their responsibility to reform legislation that treats same-sex couples differently from heterosexual ones, they said.
“Where are the politicians?” asked Michelle Douglas, president of the Foundation for Equal Families, a national group that launched a Charter challenge against 58 federal laws this winter. “It’s perplexing to us. How many more times do we have to come to them? How many more times do we need these strong, decisive decisions of the Supreme Court?”
Despite the ringing claims of victory, however, the immediate and long-term effects of the ruling are still far from clear.
While the Supreme Court accepted M.’s lawyers’ claim of discrimination, it stopped short of agreeing to their demand that it rewrite the definition of spouse to include gays and lesbians. Instead, the justices have temporarily suspended their decision to strike down the law for six months to give Ontario legislators time to amend the offending section of the legislation.
Mike Harris, the Ontario Premier, said he has discussed the case with the other first ministers, adding that all provincial governments will respect the ruling.
“We indicated we will comply and we will,” said the premier. “We’ll respect the Constitution.”
Mr. Harris refused to offer any insight as to whether his party intends to modify the 90 or so other provincial statutes, including adoption, marriage, and pension laws.
At the Western Premiers’ Conference in Drumheller, Alta., Gary Filmon, the Manitoba Premier, said: “I don’t think it’s a hot button issue in Manitoba but we will respect the Supreme Court’s views and implement whatever changes need to be made if any.”
Roy Romanow, the Premier of Saskatchewan, said his province is already “ well along the lines of complying” with the decision.
“I think it’s very good news,” said Glen Clark, British Columbia’s Premier. “It’s 1999 and it’s time we treated people with equity and dignity regardless of their sexual orientation.”
Martha Bailey, a Queen’s University professor of family law, said provincial governments are faced with two options --they can follow the narrowest possible interpretation of the Supreme Court’s decision and modify only their family support laws, or they can read the writing on the wall and make the broader changes suggested by the spirit of the ruling.
“Legislators across the country have been very reluctant to act in this area because it has been considered politically risky,” said Prof. Bailey.
But yesterday’s decision might be too clear to ignore, she added.
“M. v. H. certainly puts the pressure on,” said Prof. Bailey. “I think it’s adding to the conversation at a time when societal attitudes are changing.”
Not everyone was pleased with the ruling, however. Some things are not meant to be changed, said advocates for the traditional family.
“We don’t believe that the court . . . should be deciding on matters of fundamental social policy,” said Peter Stock of the Canadian Family Action Coalition. “There are good reasons that society has for imposing these restrictions. The primary one, the most important one, is for the protection and promotion of good child-rearing. The husband and wife family situation is the best environment in which to be raising children.”
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Elena Cherney
Until yesterday, Justice Charles Gonthier, while more conservative than most of his peers on social issues, stood solidly in the middle of a bloc of justices who were not yet ready to grant gay couples equal rights.
But yesterday, the Montreal-born judge known for his caution showed his hesitation to use the Charter of Rights and Freedoms to override legislation and became the court’s lone opponent of equal status for gay couples.
Justice Gonthier’s position on the landmark M. v. H. case surprised some court-watchers, in part because they say the judge is not known for striking out on his own, noted Peter McCormick, a political science professor at the University of Lethbridge.
“He hasn’t authored as many judgments” as most other justices, said Carl Baar, a professor of political science at Brock University. “But he’s very active intellectually.”
In 1993, when the Supreme Court issued its first ruling on gay rights, Justice Gonthier concurred with the majority that Brian Mossop, a gay federal employee, did not face discrimination under the Canadian Human Rights Act when Ottawa failed to give him a paid day off to attend his partner’s father’s funeral. At that time, only three Justices, Claire L’Heureux-Dube, Peter Cory, and Beverly McLachlin, dissented from the majority opinion.
The court’s opposition to granting gay couples equal rights began to crumble with the Egan-Nesbit case in 1995, said Prof. McCormick.
While the long-time male partners lost in their attempt to gain the same spousal pension benefits as heterosexual couples, four justices --L’Heureux-Dube, Cory, McLachlin, and Frank Iacobucci --dissented, affirming their recognition of gay rights and creating a bare 5-4 majority against the two men.
But several strong voices on the bench rose to make a case against recognizing gay relationships. Justice John Sopinka argued that treating homosexual and heterosexual couples alike is “a novel concept” in the public mind and that it was therefore reasonable for the court to maintain the status quo.
But the death of Justice Sopinka and the retirement of Justice Gerard Laforest --who once wrote that a heterosexual couple has a special status because family law is grounded in the reproductive unit --altered the balance on the court, said Prof. McCormick.
“The old minority of the court” --those already prepared to see homosexual couples placed on equal footing with heterosexuals --”has won over the newcomers,” said Prof. McCormick. New justices Ian Binnie and Michel Bastarache concurred yesterday with the majority opinion, which was written by Justices Cory and McLachlin.
The same two justices also wrote the opinion in last year’s ruling on a Alberta teacher who was fired because he was gay. In the Delwin Vriend case, the court unanimously ruled that Alberta evaded its Charter duty to prevent discrimination against gays.
But that case, noted Prof. Baar, did not deal with the relative rights of homosexual and heterosexual couples. And when it comes to homosexual couples, Justice Gonthier departs from his colleagues to argue that gays are not entitled to all of the same consideration as heterosexuals.
Child-bearing, opposite-sex relationships, Justice Gonthier argues, are “fundamentally different” from same-sex relationships.
That argument recalls a concept which Justice Gonthier espoused during his tenure on the bench of the Quebec Superior Court and Quebec Court of Appeals.
Justice Gonthier was a proponent of the “similarly situated” test for equality, said Julius Grey, a Montreal constitutional lawyer and McGill University law professor. According to that standard, discrimination can only be seen to have been perpetrated if the alleged victim was “virtually the same” in every respect as those who were allegedly favoured.
Justice Gonthier, who was named to the Quebec Superior Court bench in 1974, displayed a typical Quebec preference for allowing legislators rather than judges to change laws. “He has less of a tendency to insert the Charter into areas where it had not been before,” said Prof. Grey.
The Quebec government is expected to introduce broad legal changes next month to expand the legal rights of gays and lesbians.
While Justice Gonthier tends to be socially conservative, and writes mostly on tax, insurance, and corporate matters, he could not be classified as extreme in his positions, said Prof. Baar. When the Supreme Court was called to convene an emergency summer panel to consider the case of Chantal Daigle, the Quebec woman whose former boyfriend had obtained an injunction barring her from aborting his child, Justice Gonthier chaired the panel, and the injunction was overturned.
Justice Gonthier would never be swayed by the opinions of other justices or the mood of the public to support a position with which he disagreed, said Judge Joseph Mendelson, a McGill University law school classmate of Justice Gonthier.
“He’s a man that has always had a mind of his own,” said Judge Mendelson. “He didn’t go with the mob.”
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Elena Cherney
The Supreme Court of Canada has clearly been moving toward granting gay couples the same rights as heterosexual ones over the last decade, according to legal experts.
“The Supreme Court has done a good job on gay rights in signalling where they’re going,” says Peter McCormick, a political science professor at Brock University.
Lower courts, provincial legislatures, and various other bodies have been moving in the same direction.
It was the Ontario Court of Appeal that began the process of recognizing gay couples in August 1992, when it ruled in the case of Graham Haig and Joshua Birch. The court decided the federal government’s refusal to provide legal protection against discrimination on the basis of sexual orientation infringed upon equality rights guaranteed under the Charter of Rights and Freedoms.
Less than one month later, a human rights tribunal ruled that same-sex spouses are entitled to collect survivor pension benefits. In that instance, Michael Leshner, a gay lawyer with the Ministry of the Attorney General, had filed a complaint on behalf of his live-in partner.
An Ontario provincial court judge also beefed up the rights of gay couples by finding Ontario’s legal definition of “spouse” to be a violation of the charter and then granting adoption rights to four lesbian couples.
But the judgment that really prepared the ground for the M. v. H. ruling, says David Rayside, a professor of political science at the University of Toronto and author of On the Fringe: Gays and Lesbians in Politics, was in the 1995 Egan-Nesbit case.
The gay couple had been together since 1947 and sued the federal government to obtain the same old-age benefit rights as heterosexual couples.
While the court called the discrimination justifiable because equating homosexual and heterosexual unions was “a novel concept,” the justices agreed the British Columbia couple was discriminated against; even the four dissenting judges wrote that they recognized the rights of gays and lesbians.
“Egan and Nesbit was the set-up for M. v. H.,” says Prof. Rayside.
While yesterday’s ruling in M v. H grants gay couples a new legal standing, it will not necessarily encourage homosexual couples to press for the right to marry, says Prof. Rayside.
Common-law heterosexual relationships have gained such widespread legal and social acceptance in Canada that few gays see the need to lobby for gay marriage ceremonies, he says.
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Anne Marie Owens
The Supreme Court is engaging in “massive social engineering” in a landmark gay-rights ruling that could trickle down to property rights, adoption, and possibly even a redefinition of marriage, a family law expert says.
“What the court is doing with nine people is changing the way we view a socially valued institution,” said James McLeod, a lawyer with a family law practice in London, Ont., who also teaches at the University of Western Ontario.
Mr. McLeod said this judgment, and several others by the Supreme Court, shows the law is increasingly concerned with making sure people live up to their obligations to their families, while at the same time extending and drastically altering the very definition of the family.
Interpreted broadly, the judgment --which says that “spouse” should be defined as including same-sex partners --has far-reaching implications for property rights, custody and support, adoption, pension, and all manner of employment benefits, he said.
And, at its extreme, it could even change the rules about who is eligible to get married.
“Right now, if you are a same-sex couple, you can’t get married,” said Mr. McLeod. “This puts that into debate.”
The ruling by the Supreme Court yesterday found Ontario’s Family Law Act unconstitutional in denying homosexual couples the right to apply for alimony.
And although the majority decision is careful to point out that the ruling “does not challenge traditional conceptions of marriage,” it has provoked speculation among family law experts and traditional family values groups about the fate of the institution.
“This is not something that the average Canadian is clamouring for,” said Diane Watts, a spokeswoman for REAL Women.
Bob Glossop, spokesman for the Vanier Institute of the Family, said this ruling could force an even wider gulf between what he calls the “functional definition” of spouse and what it means to be married in a traditional sense.
He cited the example of other countries, which use terms such as “domestic partnerships” for all legal definitions in regards to relationships, and then leave to the churches and other traditional authorities the ability to confer marriage.
“It’s an evolution that’s been apparent for the last 20 years, this move from spousal as a definition apart from marriage,” Mr. Glossop said.
In fact, he said, the definition of marriage, and the rules accompanying who is eligible and who is not, could end up being a bargaining chip to protect the institution from a growing wave of erosion of traditional rights.
“This could be an out in that: ‘If we give you all the legal rights of a married person, are we allowed to retain the institution of marriage?’ “ suggested Mr. McLeod.
Joel Miller, another lawyer who specializes in family law, said the distinctions between the rights of same-sex couples and heterosexual couples --rights that include pensions, insurance claims, and a wide range of employment benefits --have been gradually narrowing, until the distinction now is quite small.
He said one of the key issues that remain is property rights, a distinction that will become increasingly difficult to justify in the context of this ruling.
“There will now be more concern by family values and religious groups because property rights may be the last legal distinction,” he predicted.
Another side effect of the ruling is that any government or institution that is reluctant to extend rights to homosexual couples, may now be just as reluctant to extend any rights to heterosexual couples, because the two have become so linked by this judgment.
Mr. McLeod said that even though this ruling focuses solely on one aspect of Ontario’s family law, it has massive implications for all family law in Ontario and other provinces, and even for federal laws dealing with family issues.
He calls it the homogenization of law, because of the way that federal rulings are increasingly dictating provincial court rules.
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Luiza Chwialkowska
By ordering the Ontario government to extend the legal definition of spouse to include same-sex partners, a move that the Ontario Legislature debated and rejected five years ago, the Supreme Court of Canada has engaged in the most flagrant example of “judicial activism” to date, critics say.
The M. v. H. decision yesterday reignited a debate among legal scholars over whether the court is motivated more by the judges’ personal political views than by the law.
“It certainly is judicial activism,” said Rainer Knopff, a law professor at the University of Calgary. “The court is effectively doing what the Ontario Legislature refused to do.”
A debate over the balance of power between courts and legislatures has emerged since the 1982 Charter of Rights and Freedoms gave courts the right to strike down legislation. The exercise of this power aroused much controversy when, for example, a B.C. court ruled that possession of child pornography was protected under the Constitution, and when the Supreme Court ordered Alberta to extend human rights protection to homosexuals.
Defenders of the court say it’s the subject matter of such decisions, and not the rulings or the process, that create the controversy.
“Every time the Supreme Court hands down a decision that a certain part of the community doesn’t like, they call it judicial activism,” says Errol Mendes, director of the Human Rights Research Centre at the University of Ottawa.
“There are no raving political dictums being thrown into this decision,” says Mr. Mendes. “It’s based on fine legal analysis.”
Lorraine Weinrib, a University of Toronto law professor, says the Ontario Legislature created a liberal policy when it made spousal support obligations applicable to common-law relationships, and binding on both men and women.
“It is the Ontario Legislature that created this support obligation as gender neutral, and arising outside of marriage, and did not tie it to whether there were children in the relationship,” she said. “All the court is doing is superimposing on the legislation the charter requirement of equality,” she said.
But critics say since gay rights are not explicitly written into the charter, the judges exercised a good deal of discretion.
“I don’t believe that the charter is clear on this issue. One could have easily interpreted the charter to sustain the law,” says Prof. Knopff. “Of course [the judges] are reading their own predilections into this.”
As recently as 1995, the court decided not to extend spousal rights to a same-sex couple. Since then, the composition of the court has become more liberal-minded, says Ted Morton, a political scientist at the University of Calgary.
“What has changed since 1995 is the judges. One has died and one has retired, and they have been replaced by people with different views on gay rights,” he says.
“It’s now obvious for all to see that these decisions have nothing to do with the Charter of Rights, and everything to do with the judges,” said Prof. Morton. “There’s never been a more undemocratic decision than this . . . I think this is probably the most activist decision to date.”
Prof. Knopff says the judges might have prematurely pre-empted the electorate on redefining gay rights.
“There is a policy debate going on about the extent to which benefits that married couples have should be extended to non-married folk. The danger of this ruling is that it risks derailing the debate,” says Prof. Knopff.
But not all decisions can be left to politicians, says Patrick Monahan, professor at Osgoode Hall Law School at York University.
“The idea inherent in having an entrenched charter is that there has to be more than a majority vote in a legislature [to limit minority rights]. There have to be principled arguments as to why same-sex spouses should not be treated differently,” said Prof. Monahan. “Now the court’s assessment of the justification for limiting same-sex rights has changed,” he said.
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Karina Roman
“The definition [of ‘spouse’] clearly indicates that the legislation decided to extend the obligation to provide spousal support beyond married persons . . . The obligation was extended to include those relationships which: Exist between a man and a woman; Have a specific degree of permanence; Are conjugal . . . Same-sex relationships are capable of meeting the last two requirements. Certainly same-sex couples will often form long, lasting, loving, and intimate relationships. The choices they make in the context of those relationships may give rise to the financial dependence of one partner on the other . . . Although there is evidence to suggest that same-sex relationships are not typically characterized by the same economic and other inequalities which affect opposite-sex relationships, this does not explain why the right to apply for support is limited to heterosexuals . . . Discrimination exists because of the exclusion of persons from the regime on the basis of an arbitrary distinction, sexual orientation . . . It would be consistent with Charter values of equality and inclusion to treat all members in a family relationship equally and all types of family relationships equally . . . this appeal does not challenge traditional conceptions of marriage, as Section 29 of the Act expressly applies to unmarried opposite-sex couples.”
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“The statute’s preamble refers to the desirability of encouraging and strengthening the role of the family and recognizing marriage as a form of partnership. The statements made in the Legislature when amendments were introduced to extend support obligations to certain unmarried cohabiting opposite-sex couples indicate that these were premised on the social reality that such relationships exhibit a dynamic of dependence, which often arises because the couple has children and the mother is the primary caregiver . . . While long-term same sex relationships may manifest many of the features of long-term opposite-sex relationships, the same dynamic of dependence is not present. Lesbian relationships are characterized by a more even distribution of labour, a rejection of stereotypical gender roles, and a lower degree of financial interdependence than is prevalent in opposite-sex relationships . . . Cohabiting opposite-sex couples are the natural and most likely site for the procreation and raising of children. This is their specific, unique role . . . While individuals must be treated with equal respect and must not be discriminated against on the basis of the stereotypical application of irrelevant personal characteristics, the state is not barred from recognizing that some relationships fulfil different social roles and have specific needs .”
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TRENTON — The Boy Scouts of America’s ban on homosexuals is illegal under New Jersey’s anti-discrimination law, the state Supreme Court ruled Wednesday.
The court’s ruling is a big defeat for the Boy Scouts, which is fighting numerous court challenges to its exclusion policies.
The court, in a unanimous decision, sided with James Dale, a Matawan assistant scoutmaster who was kicked out of the Boy Scouts nine years ago when leaders found out he is gay.
The court said the Boy Scouts organization constitutes a “place of public accommodation” because it has a broad-based membership and forms partnerships with public entities and public service organizations. Thus, the court said the Boy Scouts fall under New Jersey’s anti-discrimination law and cannot deny any person “accommodations, advantages, facilities and privileges” because of sexual orientation.
The court also rejected the Boy Scouts’ contention that striking down their ban on homosexuals violates the group’s First Amendment rights.
“To recognize the Boy Scouts’ First Amendment claim would be tantamount to tolerating the expulsion of an individual solely because of his status as a homosexual — an act of discrimination unprotected by the First Amendment freedom of speech,” the decision reads.
Dale earned 30 merit badges and various other awards and was an Eagle Scout during his 12 years in the organization. He was expelled in 1990.
A lower court judge ruled in the Scouts’ favor in 1995, calling homosexuality “a serious moral wrong” and agreeing with the Boy Scouts that the group is a private organization and has a constitutional right to decide who can belong.
In overturning that decision last year, an appeals court said Dale’s “exemplary journey through the Boy Scouts of America ranks as testament enough that these stereotypical notions about homosexuals must be rejected.”
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California Supreme Court hears discrimination cases
LOS ANGELES (CNN) --A lawyer for the Boy Scouts of America argued Monday that atheists and homosexuals do not belong in an organization that promotes a duty to God and teaches conservative sexual morality.
The Boy Scouts are before the California Supreme Court fighting two discrimination suits filed by twin brothers who were thrown out because they do not believe in God and a former assistant scoutmaster who was expelled because he is gay.
The cases hinge on whether the Boy Scouts should be considered a business or a private organization. If the justices determine the Scouts are a business, the organization would be subject to California’s civil rights act, which prohibits businesses from discriminating because of religion, sexual orientation and other factors.
Scout lawyer George Davidson told the seven justices that the Boy Scouts was merely upholding its tenets by barring atheists and gays. He added that the group is a private organization that can choose with whom its members associate.
“It is for the Boy Scouts to determine what those policies are rather than having the government dictate what those policies are,” Davidson said.
Holding up a Boy Scout book, he added, “There’s God on the front cover. There’s God on the back cover.”
Allowing gays and atheists in, Davidson said, would be like asking the NAACP to provide services to the Ku Klux Klan.
Plaintiff: Group is ‘not The Heterosexual Boy Scouts’
Lawyers for the plaintiffs sought to portray the Boy Scouts as a business rather than a private club.
James Randall, an attorney representing his two sons, twins William and Michael, told the court that the organization sells camping supplies, engages in public relations, pays a full-time staff and charges fees to its 5 million members across the country.
“It acts like a business, operates like a business and it runs a business,” he argued.
Michael and William Randall, now 16, were expelled from the Scouts because they refused to acknowledge a duty to God as contained in the Boy Scout oath. The twins say they are “still deciding” about religion and say the best way to describe them is agnostic.
Asked why they just don’t quit, Michael said, “I’m not going to quit an organization I think is the best for young men.”
Jon Davidson, representing Timothy Curran, a former Eagle Scout who was barred from the post of assistant scoutmaster 16 years ago because he is gay, also argued that the Boy Scouts is a business and should be held accountable under the state’s civil rights act.
He said his client was fired from his Scout troop in Berkeley when the organization found out Curran “in addition to being a perfect role model and leader, he was also gay.”
Scanning the courtroom, Davidson said, “It is not The Heterosexual Boy Scouts of America,”
A decision is expected within 90 days.
The ruling could also affect a third California case, recently accepted for review by the court but not scheduled for argument, on whether the Boy Scouts must admit girls.
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Soon after word got out on the national wires 13 months ago about the fatal attack on Matthew Shepard in Wyoming, Cathy Renna swung into action.
The community-relations director for the Gay and Lesbian Alliance Against Defamation (GLAAD) flew out West within 48 hours and arranged to help handle media interviews for everyone from local residents to the University of Wyoming.
The 34-year-old spokeswoman was able to give her organization’s spin on the matter, which was that a “climate of hate” caused by conservative groups caused Mr. Shepard’s death. Within days, national media such as NBC’s “Today” show hostess Katie Couric had parroted that viewpoint.
“They put pro-family groups in the same league as Aryan Nation,” says Peter LaBarbara, founder of Americans for Truth about Homosexuality. “The reason they have so much influence is because the rest of the media wants to believe the best of homosexuality and the worst of pro-family people.”
Miss Renna may be the most visible spokesperson for a relatively small national organization with a staff of 27. Operating on a $3.7 million budget, it has had amazing success in influencing the media and gaining access to movie and TV scripts.
“We like to think we’re influential,” says Scott Seomin, entertainment and media director for GLAAD in Los Angeles. Formerly with “Entertainment Tonight,” he estimates he meets several times a day with writers, producers and actors to discuss how homosexuals should be portrayed on screen.
“They are more powerful than we are,” says Tom Snyder, managing editor of MovieGuide, a conservative publication affiliated with the Christian Film and TV Commission. “Hollywood is very pro-gay. They accept the homosexual agenda of GLAAD.”
It doesn’t help, he adds, that groups from yesteryear, such as the Catholic League of Decency or the Protestant Film Office no longer operate in Hollywood, leaving a void of conservative influences. Mr. Snyder’s office is 30 miles north of Hollywood in Ventura County.
GLAAD also hosts yearly media-awards banquets in Los Angeles, New York, Washington and San Francisco.
“Ninety percent of our work is relationships,” Mr. Seomin says. “It’s having lunches and coffees. I’ve met the Los Angeles Times to introduce myself, to ask them to use us as a resource and to say ‘We’re also going to call you on coverage we’re not happy with.’ “
Media that do not comply with GLAAD’s standards are listed on GLAAD’s on-line “GLAADalert,” sent to 150,000 people every two weeks. On May 20, it castigated the Washington, D.C. area’s CBS affiliate, WUSA-Channel 9, for interviewing Anthony Falzarano, then-national director of Parents and Friends of Ex-Gays (P-Fox).
“Please voice your concerns that this segment was unbalanced and that it privileged P-Fox by presenting only their contact information at the close of the telecast,” the alert read, with a copy of WUSA News Director Paul Irwin’s phone number and e-mail address. GLAAD, it added, had met with WUSA, which agreed to prepare a piece on ex-ex-homosexuals. The piece has yet to run, says Miss Renna, who is on WUSA’s community-advisory board.
“We’ve evolved as an organization that has access to the media,” she says. “We’ve spent a lot of time developing relationships with people. They’re built on mutual relationship and basic trust. We know this is a process of education.”
In early May, a coalition of conservative groups had attempted to air ads touting the ex-homosexual movement on Washington TV stations. GLAAD and allied groups persuaded several stations not to run the ads. Only the UPN affiliate, WDCA Channel 20, defied them.
GLAAD’s biggest success story this year concerns its negotiations with Time magazine. When Time released its 75th anniversary issue and year-end issue in 1998, GLAAD was distressed to see little ink devoted to the growth of the homosexual-rights movement and the impact of AIDS over the past 15 years. GLAAD Executive Director Joan M. Garry and other staff met with the magazine’s senior editorial staff, including Time’s managing editor, Walter Isaacson.
Things changed quickly, starting with a series of issues commemorating the 20th century’s 100 most-influential people. On March 29, mathematician and computer scientist Alan Turing was featured in a piece that mentioned the influential thinker’s homosexuality and his suicide at the age of 41. A separate piece on the AIDS virus ran in the same issue.
In its June 14 issue, Time featured as one of its 20th-century heroes the late San Francisco City Supervisor, Harvey Milk, the first openly homosexual man to be elected to public office in 1977. This was followed by a full-page timeline of highlights of homosexual history starting in 1869.
Also on June 14, columnist Liz Smith featured author Gertrude Stein and her companion, Alice B. Toklas, in a piece on the five romances that, “for better or worse, captured our imagination this century.” In its June 17 alert, GLAAD asked its readers to thank Mr. Isaacson for “a truly remarkable turnaround.”
GLAAD may have met its match with Laura Schlessinger, the popular talk-show hostess with up to 18 million listeners. On Aug. 3, a GLAADalert suggested the talker’s rhetoric against homosexual activism “fans the fires of prejudice and discrimination,” and asked readers to protest to local stations.
“I don’t have a beef with GLAAD,” says Keven Vellows, a Schlessinger spokeswoman. “She can effectively derail their goals for the time. That’s why she’s a target.”
Ms. Schlessinger responded in an Aug. 24 column. “Please pay attention to who is doing the name-calling and trying to silence opposing speech,” she wrote. “Beware of the folks who wave the banner of free speech. They generally mean it only for themselves.”
GLAAD began in 1985 as a few people demonstrating in front of the New York Post building to protest its coverage of homosexuals. In 1997, Chastity Bono’s brief tenure as GLAAD’s entertainment and media director brought more publicity, as did the hiring of Joan Garry, former vice president of business affairs at Showtime.
“She really turned this organization around,” Mr. Seomin says of Miss Garry. “She brought in more funding, cleared out projects and made GLAAD’s voice one of reason, rather than protest.”
GLAAD’s positioning of itself as the voice of reason has gone over well, reports Justin Torres, a senior writer with Conservative News Service at CNSnews.com who has covered GLAAD.
“Conservatives have never been as good in manipulating the press, but conservatives aren’t as brazen as are some of these gay-activist groups like GLAAD,” he says.
“They already have a lot of good will toward them in the establishment press already. People from the religious right are seen as yahoos from Alabama, whereas these other folks . . . say there can’t be two sides of the story. There’s just us moderates and those extremists.”
Birds do it, bees do it, animals do it --and just for fun
Steamy new book on wild-kingdom sex challenges decades’ worth of conventional wisdom
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Biological Exuberance, a ground-breaking review of homosexuality in the wild kingdom, documents hundreds of cases of mammals and birds enthusiastically engaging in sex and long-term relationships with members of the same sex.
The list of homosexual creatures, according to author and biologist Bruce Bagemihl, would fill Noah’s Ark: apes and monkeys, dolphins and whales, giraffes, zebras, warthogs and woodpeckers. Lesbian gulls mated for life and raising chicks together. Male manatees splashing around in group orgies.
In all, the book notes 471 species, including fish and insects, that exhibit varying types of homosexual behaviour.
The 751-page work, which took nearly 10 years to research and write, not only challenges the notion that homosexuality is unnatural and simply doesn’t occur among animals --it confronts the basic evolutionary theory that animals are biologically programmed only for reproductive sex.
Instead, it contends many animals engage in homosexual sex for the same reason people do --they enjoy it.
The book is clearly a scholarly endeavour. Among other things, it explores the debate about the origins of homosexuality --genetics versus environment, biology versus culture, and nature versus nurture.
Yet it’s been called the steamiest publication on biology in a decade. Take the opening chapter:
“In the dimly lit undergrowth of a Central American rain forest, jewel-like male hummingbirds flit through the vegetation, pausing briefly to mate now with a male, now with a female.
“A whale glides through the dark icy waters of the Arctic, then surges toward the surface in a playful frenzy of churning water and splashing, her fins and tail caressing another female. Drifting off to sleep, two male monkeys lie gently in each other’s arms, cradled by one of the ancient jungles of Asia.
“Tiny midges swarm above a bleak tundra of northern Europe, a whirlwind of mating activity as males couple with each other in midair. Circling and prancing around her partner, a female antelope courts another female in an ageless, elegant ritual staged on the African savanna.”
Mr. Bagemihl stresses his research is not intended as an argument in favor of the “naturalness” of human homosexuality. But he admits the comparisons are inevitable.
“That really is an overly simplistic interpretation,” he said during an interview from his home in Seattle, Washington. (He spent about 10 years studying on doctoral research grants and teaching at the University of British Columbia.)
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SAN FRANCISCO (Reuters) - California voters Tuesday passed a measure that said only marriages between men and women would be recognized in their state, a step that gay activists slammed as an assault on human rights.
Exit polls showed a 58 to 42 percent victory for supporters of “Prop. 22” who maintained that it preserved the traditional family. The proposition amends the state’s Family Code to say that “only marriage between a man and a woman is valid or recognized in California.”
The ballot measure sparked one of the bitterest fights of the campaign in California, which became the latest of some 30 states to explicitly ban same-sex marriage.
Known as the “Knight Initiative” after its sponsor, Republican state Sen. Pete Knight, Prop. 22 was cast as an effort to protect California from court moves in other states -- notably Vermont -- which could lead to legally recognized same-sex unions.
Supporters, which included Catholic and Mormon groups, Republican leaders and some Hispanic organizations, took pains to avoid explicitly anti-gay rhetoric, saying instead that they were simply seeking to ensure the survival of the traditional family.
“If you define marriage as being between two men, you really have to take the next step and define it as being whatever people want it to be,” said Brian Kennedy, a political analyst at the conservative Claremont Institute.
“If you say to the polygamist you cannot have two wives and two husbands, they’ll say based on what?”
But gay activists and other opponents said the measure was really an attempt to promote anti-gay discrimination, arguing that defining gay relationships as second class by law would promote fear and violence toward gay people.
With gay marriage already ruled out under the 1996 Federal Defense of Marriage Act, there was no need to do the same thing under California state law, they said.
“Anti-gay violence does not happen in a vacuum. It happens in a climate of fear, ignorance and intolerance -- the very climate the Knight Initiative fosters,” Judy Shepard, whose gay son Matthew was beaten to death on Wyoming in 1998, said in a statement condemning the measure.
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Canadian radio watchdog: ‘Discriminatory’ comments could incite violence
Dr. Laura Schlessinger, the wildly popular American radio host and indefatigable champion of orthodox Jewish ethics, has been censured by the Canadian Broadcast Standards Council (CBSC) for on-air remarks that the regulatory authority claimed could trigger violence against homosexuals.
The CBSC, the national self-regulatory body that administers professional broadcast codes on behalf of Canada’s private broadcasters, ruled yesterday that Dr. Schlessinger’s consistent characterization of the sexual behaviour of homosexuals as “abnormal,” “aberrant,” “deviant,” “disordered,” “dysfunctional” and a “biological error” were in violation of the human rights provision of the voluntary Code of Ethics of the Canadian Association of Broadcasters.
Dr. Schlessinger’s comments on her California-based syndicated talk show -- which reaches 900,000 Canadians and 20 million listeners across the continent -- were “of a critical and discriminatory (although not abusively discriminatory)” nature, the council decided.
“In Canada, we respect freedom of speech but do not worship it,” the ruling stated.
The cumulative effect of her views on gay and lesbian issues “from her powerfully influential platform behind a very popular microphone ... may well fertilize the ground for other less well-balanced elements, by her cumulative position, to take such aggressive steps,” it added.
Ian Grant, the managing director for TALK 640 in Toronto, said he would soon issue on-air apologies for Dr. Schlessinger’s comments in light of the council’s ruling. “We’re very disappointed with the findings, but we’re going to adhere to them,” he said.
Bob Laine, the general manager of Chum Radio Network, which is the Canadian distributor of the show, said 30 stations across all major markets now carry the program in Canada. He would not comment on the ruling.
Under the council’s rules, if a broadcaster has breached any of the codes, it must make a public announcement during prime-time TV hours or peak radio listening hours.
“It’s sad, because it’s our most popular show -- by far,” said Mr. Grant. “But that doesn’t mean we’re going to cancel it. No, no, no. We’d never do that,” he added.
In the view of the council, the host’s terminology was “clearly pejorative.” Dr. Laura, it said, was “unhesitatingly critical, negative and unambiguous and her words are as critical and unrelenting as she can make them. In the end, she is utterly rigid about a fundamental issue which goes to the nature, the essence of gays and lesbians.” The CBSC noted that professional psychiatric associations felt Dr. Schlessinger’s views were more than two decades out of date.
The council also roundly dismissed Dr. Schlessinger’s argument that she “can ‘surgically’ separate the individual persons from their inherent characteristics so as to entitle her to make comments about the sexuality which have no effect on the person is fatuous and unsustainable.”
The council concluded that, “with the power emanating from that microphone goes the responsibility for the consequences of the utterances. It is for such reasons, among others, that the respect of Canadian broadcast standards assumes such great societal importance.”
According to Hudson Janisch, an expert in administrative law at the University of Toronto, the council’s decision poses a dilemma for those broadcasters who wish to run Dr. Laura’s daily radio show, since there are no avenues of appeal beyond the council itself.
Another problem, Prof. Janisch said, is that the council is effectively a “surrogate” for the CRTC, which assigns and renews individual broadcast licences.
“Although it is said that this is just voluntary self-regulation, it’s the sort of kind of voluntary self-regulation that says if you don’t do it, we’re going to come in and do it,’” said Prof. Janisch.
The council, by virtue of its remit under the Broadcasting Act, has imposed sanctions on stations that refuse to heed its rulings. The most recent example occurred when it ordered a Winnipeg radio station, CJKR, to issue a public apology for sponsoring a contest offering $10,000 to any woman willing to who ride her bicycle naked down a busy city street.
Dr. Schlessinger has become the second most popular radio host in America, after Howard Stern, mostly for her hard-nosed approach to ethics and morality. She provides frank and often brusquely-delivered advice on moral questions and has written many bestsellers -- including How Could You Do That?!: The Abdication of Character, Courage, and Conscience and The Ten Commandments: The Significance of God’s Laws in Everyday Life. There is even a Dr. Laura board game.
On some isolated complaints regarding on-air comments on homosexuality, the council sided with Dr. Schlessinger. For example, the council said that her critical comments about the behaviour and lifestyle of Matthew Shepard, a homosexual university student from Wyoming whose murder in 1998 was assailed as a “hate crime” by several gay-rights groups, were justified in the name of spirited verbal jousting.
“She is absolutely unequivocal that murder is the worst of all crimes and that there are no circumstances in which she or any conservative Christians would support it as a solution,” the council’s decision stated.
However, the council denounced as discriminatory Dr. Schlessinger’s frequent suggestions that “paedophilia is more common among members of the gay community than the heterosexual community” and that paedophilia was causally associated with homosexuality.
John Fisher, the executive director of EGALE, a national gay rights lobby group, praised the council’s decision, saying “she’s been using the microphone simply as a platform for her personal prejudices.”
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Gay issues, characters, join prime time
LOS ANGELES, California (CNN) --The powerhouse hit “Will & Grace” is back for season No. 3, bringing with it an enviable pedigree. The show, about a gay man and his straight best friend, won three Emmys in September --best comedy, and best supporting actor and actress.
The NBC sitcom, airing at 9 p.m. EDT Thursdays, also is helping bring a message to the masses: Gay is here to stay.
Hollywood trade paper Daily Variety has a special issue this week devoted to gay entertainment including movies, music and TV. Not to be outdone, the current edition of Entertainment Weekly sports a front-page headline that says it all: “Gay Hollywood 2000.” Inside, the magazine highlights 101 gay movers and shakers in the entertainment industry.
More entertainers are open about their sexuality than ever before, and entertainment reflects that openness, said Mark Harris, assistant managing editor of Entertainment Weekly. The magazine is owned by Time Warner, the parent company of CNN.
“We did a gay entertainment issue five years ago and had a lot of trouble finding even a dozen people who were open in the industry and willing to be profiled,” he said. “This time we found hundreds, with dozens to spare.”
Leading gay characters
According to the Gay and Lesbian Alliance Against Defamation, there are more than a dozen new and returning television shows this fall whose lead or supporting characters are gay.
In addition to “Will & Grace,” two other prime-time shows feature leading gay roles.
John Goodman stars in the new show “Normal, Ohio” (Fox, Wednesdays at 8:30 p.m.) as a single gay dad returning to his hometown, and Alyson Hannigan continues her role as Buffy’s faithful friend Willow, a lesbian, on “Buffy, the Vampire Slayer” (WB Network, Tuesdays at 8 p.m.).
The shows’ goal is to offer good stories, not a specific sexual agenda, said Greg Berlanti, executive producer of “Dawson’s Creek” (WB, Wednesdays at 8 p.m.). The teen drama features a supporting gay character.
“There’s no doubt that television is at the forefront, and it’s sort of continuing to widen that audience and make things palatable to everyone as a whole,” he said.
Todd Holland, a two-time Emmy winning director for “The Larry Sanders Show” and “Malcolm in the Middle,” agrees with Berlanti. “At the end of the day, what people really want is to be entertained,” said Holland, who came out several years ago.
Other traits, too
Just how out of the closet Holland is became evident this year when he kissed his partner at the Emmy ceremony before bounding to the stage to accept an award for “Malcolm.” How diverse is TV’s offering of gay characters these days?
“Dark Angel” (Fox, Tuesdays at 9 p.m.); “Grosse Point” (WB, Fridays at 8:30 p.m.); “Beggars and Choosers” (Showtime, Tuesdays at 10 p.m.); “Felicity” (WB, Wednesdays at 9 p.m.); “Bette” (CBS, Wednedays at 8 p.m.); “Sex and the City” (HBO, Sundays at 9 p.m.); “Spin City” (ABC, Wednesdays at 9:30 p.m.); and “Queer as Folk” (a Showtime series airing in December) all have continuing gay characters or storylines.
Being gay is not always a character’s overriding trait, said Michael Boatman, who plays the mayor’s gay director of minority affairs on “Spin City.”
“The writers ... wanted this character’s sexuality to be not the only thing that’s important about him,” said Boatman. “All of our sexuality’s important for us, but it’s not the most important thing. It’s just a part of who we are.”
Ellen DeGeneres can take some credit for that. The actress came out in life and on screen three years ago in her comedy series. That coming-out episode attracted 36 million viewers, and placed the issue of sexual preference in the middle of TV screens everywhere.
Changing perceptions
The coming out was a watershed in how the public perceives how homosexuality is portrayed on TV, said Boze Hadleigh, author of the just-published “In or Out: Gay and Straight Celebrities Talk About Themselves and Each Other” (Barricade Books).
“Ellen was gay, playing a gay character, and what the American public and showbiz establishment are far more comfortable with is somebody heterosexual or supposedly heterosexual playing a gay or lesbian character,” Hadleigh said. “They don’t want the reality underneath to seep through.”
Since then, gay TV characters have become more complex, defined by more than sexuality, said Holland. “…I think ‘Will & Grace’ pulls that off --elegantly,” he said.
The show does hit the right balance, agreed Sean Hayes, who plays the gay Will opposite the straight Grace.
“Really,” Hayes said last month, moments after winning an Emmy for best supporting actor, “our first priority is to make people laugh.”
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VANCOUVER - British Columbia’s NDP government is asking the B.C. Supreme Court to declare that same-sex couples can marry -- the first province to formally challenge the federal government on the issue.
A successful ruling could knock down federal legislation barring same-sex marriages and would force the Supreme Court of Canada to rule on the matter.
As recently as May, 1999, the Supreme Court of Canada suggested the rights of gays and lesbians should be the same as those of heterosexual couples.
British Columbia yesterday filed its petition seeking the declaration, prompted in part by two Victoria women who were denied a marriage licence in May.
One of those women, Cynthia Callahan, sits on the board of directors of the national organization Equality for Gays and Lesbians Everywhere, which announced yesterday that it would be jointly filing a petition on the issue before the B.C. Supreme Court.
Unlike the province, the EGALE petition names the federal government as a respondent. That will force Ottawa to send a representative to court to speak to the issue.
“It’s clear the time has come for same-sex couples to be recognized equally in all aspects of our lives. That includes the right to [marriage],” said John Fisher, executive director for EGALE.
Andrew Petter, Attorney-General of British Columbia, said yesterday that the province is simply following through on legislative changes it has enacted to support same-sex couples.
“We are a society that prides [itself] on a value of equality apart from the law. To deny same-sex couples the same opportunity to enter into a civil relationship afforded couples of the opposite sex seems a simple denial of fundamental equality,” said Mr. Petter.
However, some observers suggested yesterday that the NDP government, lagging in the polls and facing an election within a year, is trying to rally its traditional supporters to shore up the political base it will require by voting day.
Dr. Norman Ruff, a political scientist at the University of Victoria, said the NDP seems to be working a “hot button” issue to cause trouble within the ranks of the provincial B.C. Liberal party, whose members include many social conservatives. “It’s an issue that helps clearly demarcate the NDP from the Liberals, and creates mischief in the Liberal coalition,” said Dr. Ruff.
Barry Penner, deputy justice critic for the B.C. Liberals, said the issue will not divide the Liberal caucus. “We won’t allow it to,” he said. “We respect each other’s point of view.”
When Ms. Callahan, 36, and her partner Judy Lightwater, 49, sought a marriage licence their application was deferred while the director of vital statistics for Victoria sought legal clarification. Eventually, he concluded they could not get married due to the current common law.
The couple are still headed for the altar. They have scheduled a July 29 ceremony. Ms. Callahan said she expects the B.C. court challenge to prevail and that she and her partner will marry again in a legally sanctioned ceremony.
British Columbia is arguing that federal common law defines marriage as a union between a man and woman. However, this definition is likely to be changed by the courts due to recent equality decisions under the Canadian Charter of Rights and Freedoms, the province argues.
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The human genome finally has been sequenced, and with that, one theory seems to have fallen from favor — that of the “gay gene.”
Ideas about the origins of sexual preferences are reverting to the argument that homosexuality is a decision rather than an inherited trait.
Edward Stein, a law professor at the Benjamin N. Cardozo School of Lawin New York, is leading a movement calling for homosexuals and the groups that support their causes to abandon the “gay gene” theory. He argues it hurts rather than helps their fight for equality.
“How or why people are gay doesn’t matter, says Mr. Stein, himself a homosexual. Linking “human rights to some scientific theory as yet completely unproven is risky. All that you’ll get with the gene theory is the right with things you don’t choose, but homosexuals want things they do choose: to be openly gay and hold a job and have same-sex ‘marriages.’ “
Mr. Stein’s recently published book, “The Mismeasure of Desire: The Science, Theory and Ethics of Sexual Orientation,” argues that genetic research could lead to misguided attempts to abort potentially homosexual fetuses or to medically alter people.
“My concern is that as soon as we start to encourage and embrace as part of a political agenda scientific research in this area, we lead to remedicalization of sexual orientation,” he says. “Jumping on the genetic bandwagon is hurting [our] cause. The point is, nothing’s wrong with homosexuality, so why try to take it on with science?”
But homosexual-rights groups are reluctant to abandon the “gay gene” theory because of the sympathy it creates from those who otherwise would disapprove of the lifestyle, Mr. Stein says. Groups that tout the “gay gene” theory often demonize the few media personalities critical of the lifestyle, such as conservative radio personality “Dr. Laura” Schlessinger.
The Gay and Lesbian Alliance Against Defamation since May 1997 has criticized Mrs. Schlessinger for calling homosexuality a biological error. Such comments are “defamation,” they say.
Last month, Time magazine quoted GLAAD director Joan Garry as saying: “When [Mrs. Schlessinger] states that some people just don’t want to hear the truth, she can’t be referring to lesbians and gays. Scientific truth is on our side.”
What scientific truth?
GLAAD communications director Stephen Spurgeon says the proof lies with the official statements from organizations such as the American Psychological Association (APA).
Local GLAAD spokeswoman Cathy Renna says that when Mrs. Schlessinger talks about homosexuality as if it is something that can be cured, she defames homosexuals because, “the preponderance of scientific evidence that we can point to, states it’s genetic.”
When asked to cite the evidence, Miss Renna points to the APA’s Web site (www.apa.org). But that site does not state homosexuality is genetic.
“We have not said it’s genetic,” says Rhea Farberman, director of communications for the APA. “We don’t have an official position as an organization. The current state of science is that it’s probably a combination of factors, partly biological and partly environmental.
“What causes it is an interesting question, but it doesn’t really matter, except maybe in political arguments. Discrimination is wrong, no matter what the cause of sexual orientation.”
Still, the cause of homosexuality is a hot topic among many. Chandler Burr, author of “A Separate Creation: The Search for the Biological Origins of Sexual Orientation,” states on his Web site (http://members.aol.com/gaygene) that homosexuality is indeed genetic.
He adds that people easily accept the notion that left-handedness is genetic because it “doesn’t threaten anyone’s theology, political power base, or morality.”
But “with homosexuality, people don’t want to accept the evidence that they so easily accept with handedness,” he says, “because they don’t want to believe what’s clearly empirically true, [so] they demand higher proof: a gene.”
Many homosexual-rights groups embraced such ideas in the early 1990s as scientific research on genetics and homosexuality exploded, says Paula Ettelbrick, New York family policy director for the National Gay and Lesbian Task Force.
Miss Ettelbrick says she agrees with Mr. Stein’s viewpoint that genetic claims are irrelevant and perhaps harmful to homosexual rights. She says groups that still cling to the notion are “confused.”
The homosexual community is not divided on the issue, she says, but there is a need for education on the topic.
So the debate rages on. The human-genome sequencing success in June will help answer the question of whether homosexuality is genetic.
Although no study has ever been able to prove that homosexuality is inherited, 35 percent of Americans think it is, according to a recent Harris Interactive poll.
In fact, the closest researchers have come to proving that human behavior and biology are linked is through animals, not humans, says National Institutes of Health neuroscientist Dr. Vittorio Gallo.
“I think the human-genome mapping is a very important step to learning about disorders and diseases. However, there is a very long way to go to link complex human behaviors, such as homosexuality, to human genes,” says Dr. Gallo, who emphasizes that his viewpoint does not represent the NIH’s official stance on the matter.
The neuroscientist had three main complaints with the most prominent and widely accepted studies in support of the “gay gene” theory and the like:
• Many are based on deceased subjects, and therefore cannot take into account the chemical changes a brain undergoes throughout life, as well as the drugs used to prevent death, and the effect the cause of death had on the brain’s chemicals.
• The famous “gay gene” study has yet to be reproduced despite attempts to do so.
• The definitions of heterosexuality and homosexuality are ambiguous; therefore, a scientific sample population is nearly impossible to create.
While scientists try to uncover the mystery, others — such as former homosexual Anthony Falzarano, director of the National Parents and Friends Christian Ministries — quietly change their homosexual behaviors through therapy and religion.
Despite opposition from homosexual groups, Mr. Falzarano insists people become homosexual through sexual molestation or rape, an absentee father, or an overbearing female influence during childhood.
He bases these claims on his own research with more than 600 former homosexuals, as well as studies by the National Association for Research and Therapy of Homosexuality.
“If you’re happy being gay, and you’re not concerned about answering to God, then I would suggest a monogamous relationship,” Mr. Falzarano says. “We minister to people of faith, who know that [homosexuality] is not an alternative for them.”
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LYNDONVILLE, Vt. -Vermont’s decision earlier this year to become the first U.S. state to give gay couples many of the same rights as married people has sparked a growing rebellion that could end up costing the Governor and much of the legislature their jobs.
Howard Dean, the Governor, is trying for his fifth two-year term. But everywhere the Democrat goes he is greeted by signs saying, “Take Back Vermont” and “Howard the Coward” as outraged voters protest the new law.
“We’re going to vote out all the people who voted for this bill,” vowed Clayton Placey, 76.
Recent polls show slightly more than half of voters oppose the law, and five Republicans who supported civil unions were defeated in primaries.
Mr. Dean is locked in a tight race with Ruth Dwyer, a conservative Republican who is adamantly opposed to civil unions. The outraged reaction to civil unions is a surprise to many because Vermont has long had a reputation of quirky exceptionalism.
The state is represented by the only Socialist in the House of Representatives, who also happens to be a gun-control skeptic. Its Republican senator is one of the most liberal members of the Grand Old Party.
Much of the state’s leftward tilt comes from a flood of well-heeled, tie-dyed refugees from other states --known pejoratively as flatlanders --who have tried to remake the Green Mountain State in their own image. Outsiders now make up 40% of the state’s population, including all three candidates for governor.
It is one of the most environmentally aware U.S. states, where cellphones barely work because of restrictions on mountaintop transmission towers, where the tacky billboards that line highways elsewhere are unknown, and where an attempt by Wal-Mart to open a store was greeted with years of fierce litigation.
But now the old Vermonters are fighting back and using the issue of civil unions to protest everything they do not like about the way their state has changed, from rising real estate prices to a statewide property tax to fund education.
“Vermont has slowly changed from a very conservative state to a liberal fascism kind of government where everyone wants the government to do everything,” said Ken Davis, a 50-year-old contractor who was hauling “Take Back Vermont” signs out of his red pickup at the site of a recent gubernatorial candidates debate.
The civil union issue was foisted on the government by the state Supreme Court, which ruled last year it was a violation of the state constitution to deny same-sex couples the same benefits as heterosexual couples.
The ruling provoked an outcry. Twenty-five thousand Vermonters signed a petition against civil unions. When town meetings were held, not a single town supported civil unions.
Despite the backlash, the legislature passed a compromise that gave gay couples many of the same rights without calling their new status marriage.
“Howard Dean and the legislators who pushed the bill through are responsible for a condescending and fundamentally undemocratic act,” said Frank Bryan, a political science professor at the University of Vermont.
But for the minority that supports civil unions, the law is simply another in a long line of civil rights firsts that began when Vermont became the first state to outlaw slavery.
“I just think it was an amazing, courageous thing for the state of Vermont to do,” said Paul Amell, a 42-year-old gay who testified before the state legislature on the subject.
“Someone finally had the balls to stand up for what they believe in.”
The new law has been a hit with gays around the United States, who have streamed to Vermont to give their relationships official sanction.
Since the law was passed, more gay couples have obtained civil union certificates than heterosexual couples have been married, and three-quarters of the same-sex couples are from out-of-state.
Mr. Dean stresses that many European countries, including the Netherlands, Sweden and Denmark already have similar laws. In Canada, the Supreme Court has suggested the rights of gays and lesbians should be the same as those of heterosexual couples.
But Vickie Hall, a town clerk, said she would still refuse to issue a licence to a gay couple, although so far no same-sex ceremonies have been performed in her rural part of the state.
For the moment, the civil union law is here to stay. Even if Mr. Dean loses and the legislature becomes Republican, the Supreme Court is unchanged, meaning the original ruling on treating gays and heterosexuals equally still stands.
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New Jersey Rabbi Sam Rosenberg and talk-show host Laura Schlessinger have two things in common: Both are Orthodox Jews and both believe homosexuals can change.
Rabbi Rosenberg is one of only a few Jews in a largely conservative Christian movement to reorient homosexuals to heterosexuality.
“Jews would prefer to avoid the issue,” said Rabbi Rosenberg of Jersey City. “We can’t afford not to get involved. We can’t bury our heads in the sand.”
He also will describe his organization, Jews Offering New Alternatives to Homosexuality (JONAH), this weekend at the annual conference of the National Association for Research & Therapy of Homosexuality (NARTH). Therapists, college professors and members of NARTH will gather at the Renaissance Mayflower hotel in the District of Columbia for a conference that begins tomorrow.
JONAH, formed in early 1999, is the only Jewish organization in the nation, and possibly the world, offering psychotherapy to homosexuals dealing with unwanted homosexual thoughts and feelings.
The 53-year-old rabbi and therapist says Judaism does not condone homosexuality and homosexuals have a choice to change. He quotes Leviticus 18:22 in the Old Testament: “Thou shalt not lie with mankind as with womankind: it is abomination.”
His efforts go against the grain of the largest and most liberal of the three branches of Judaism in the United States.
In March, a group of Reform Jewish leaders granted rabbis the option to preside over homosexual commitment ceremonies. The Central Conference of American Rabbis (CCAR), a Reform group, now supports same-sex “marriages” and practicing homosexual rabbis.
This move appalled members of the Orthodox Jewish community.
Rabbi Kenneth Hain, president of the Rabbinical Council of America, told the Associated Press his Orthodox organization believes Reform Judaism made “another tragic assault on . . . the sanctity of our people” and undermined the unity of Jews.
Mr. Rosenberg said that because observant Judaism and a practicing homosexuality are two conflicting precepts, homosexual Jews are being forced “underground” into their own communities.
“We should not put down anyone who fails to uphold the laws of Judaism,” Mr. Rosenberg said. While he argues against ostracizing homosexuals from the Jewish community, the rabbi said the caveat is that they should not publicly violate Jewish law by flaunting their sexuality.
“Coming to synagogue eating a ham sandwich would not be in good taste,” he said. “Similarly, flaunting homosexuality is not in good taste.”
However, “I felt we would be greatly amiss to turn a deaf ear to those who cry for help,” he added. Above all, Mr. Rosenberg stresses that while homosexuality is not condoned in Judaism, homosexuals should not be treated as pariahs.
“My voice is hopefully going to be heard that there is hope,” he said. “There is a redirection for those struggling with homosexuality and those not comfortable with the lifestyle.”
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An Ontario church is using an ancient Christian tradition in a bid to make Canada the first country in the world to legalize a homosexual marriage.
The Metropolitan Community Church in Toronto is using the tradition of publishing marriage banns so it can marry a same-sex couple.
The church believes it can carry out the marriage legally using a loophole in the Ontario Marriage Act that allows people to be married in two ways.
The customary practice is to obtain a marriage licence from City Hall and be married by a justice of the peace or a clergyman.
But under Section 5 of the Act, a couple can go to their local parish and be granted a marriage licence through the publication of marriage banns.
The banns involve publishing the names of the intended couple on the three Sundays preceding a marriage.
The strategy turns on one word in Section 5, which states: “Any person who is of the age of majority may obtain a licence or be married under the authority of the publication of banns, provided no lawful cause exists to hinder the solemnization.”
Douglas Elliott, president of the International Lesbian and Gay Law Association and legal counsel for the church, said, “You’ll notice that there is no gender distinction there. It’s any ‘person.’ “
Mr. Elliott believes it is this loophole that will allow a same-sex marriage to be performed at the church.
By using the strategy, the Metropolitan Community Church hopes to make Canada the first country to legally marry a same-sex couple.
While same-sex couples are recognized in Canada as having all the rights and obligations of common-law partners, they cannot legally marry.
In Vermont, same-sex couples can obtain a civil union, bestowing only some of the rights a marriage would, but such a civil union is not recognized federally or outside the state.
When Rev. Brent Hawkes, of the MCC, made the announcement about his plans for issuing same-sex marriage licences during the 11 a.m. service last Sunday, the entire MCC congregation --450-plus parishioners, 85% of whom are homosexual --broke into applause.
“Until now we have felt restricted from acting on our beliefs by what we thought was a legitimate impediment regarding same-sex weddings,” Mr. Hawkes said. “Being called by God to marry same-sex couples, we recently sought legal advice and as a result we have changed our position on the legality of same-sex marriages.
“Marriage banns mean that for the three Sundays preceding the date of the ceremony the church would announce that so-and-so and so-and-so are getting married, and ask, ‘Does anyone have any objections?’
“I don’t expect to get any objections,” Mr. Hawkes said. “The purpose of the banns is to see if there are cases, for instance, where someone is known to already be married and not divorced. Or is marrying their father or mother. The objections must be based on legal grounds,” he said.
The marriage banns and marriage also have to take place in a church one member of the couple attends.
“So Toronto would not become the Reno of same-sex marriages, as I heard suggested this morning,” Mr. Elliott said.
Mr. Hawkes added, “If someone gets up and says I object to this marriage because I think it’s wrong for homosexuals to marry, that’s not a legitimate objection. I would not treat that as valid and we would proceed with the ceremony.”
Mr. Elliott said the Netherlands was the most progressive society regarding same-sex marriages, where a bill allowing homosexual marriage has passed through the initial stages of Parliament and is awaiting assent in the Senate.
“People in the Netherlands will be getting marriage licences next year,” Mr. Elliott said. “[The MCC] hopes to beat them to the punch and to be the first.”
Brenda Cossman, a professor of law, specializing in family law, from the University of Toronto, said, “The history of the publication of the banns was to maintain the jurisdiction that the churches always had over marriage.
“My own thinking on this was that it was only a question of time before somebody thought to try to use the publication of the banns to recognize same-sex marriage. Because all you have to do is get a church to say they are prepared to marry these folks, they would issue the banns, and that would be it, they would be married.
“But this is where marriage law gets a little bit complicated because the province doesn’t really have very much jurisdiction over marriage, the federal government has most of the jurisdiction but has never used any of that jurisdiction.”
The federal and provincial governments are now arguing about who has responsibility as well as the definition of “person.”
“I’ve asked the legal branch of the ministry to give me some advice,” said Bob Runciman, Minster of Consumer and Commercial Relations, the branch of the Ontario government responsible for marriages.
“[The church] is trying to push the envelope and bring attention of this issue. But they are pushing the envelope with the wrong people because it is a federal matter,” Mr. Runciman said.
“[The provincial government] presides over the solemnization of marriage --performing the ceremony, who will marry you and how. But in terms of who has the right to marry, that falls under the federal jurisdiction and we take our direction from the federal government on that matter.”
The Department of Justice Canada, however, insists that it is an Ontario law that is in question and the federal government therefore will not get involved in clarifying its legality.
“I wouldn’t say it was legal or illegal,” said Farah Mohamed, spokeswoman for the federal Minister of Justice, Anne McLellan.
“In bill C-23, extending benefits and obligations to same-sex couples, the federal government has been very, very clear about the definition of marriage. The definition of marriage is one man and one woman ... You would have to ask the Ontario government about the definition of person.”
The Metropolitan Community Church has existed in Toronto for 26 years and is a member of the Universal Fellowship of Metropolitan Community Churches, established in Los Angeles in 1968 by Rev. Troy Perry when he was removed from his Pentecostal church for being gay.
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Will Vermont’s civil-union law open the door to alternative unions, such as polygamy, in America?
Some trend-watchers say yes; that once the one-man, one-woman model of traditional marriage is broken, anything — same-sex “marriage,” polygamy, group marriage — is possible.
“Once gay male couples with open sexual relationships or lesbian couples with de facto families are legally ‘married,’ the way will be open to even more imaginative combinations,” Hudson Institute scholar Stanley N. Kurtz wrote in September’s Commentary magazine.
“On what grounds, for instance, could the sperm donor and aging rock star David Crosby be denied the right to join in matrimony with both the lesbian rock singer Melissa Etheridge and her lover, Julie Cypher, the ‘mothers’ of his child?” asked Mr. Kurtz, an anthropologist who predicted that supporters of “polyamory” or group marriages, would soon seek legal recognition for their relationships.
Other trend-watchers reject such scenarios.
There’s a trend toward recognizing family diversity, but the “slippery-slope argument” — that same-sex “marriages” will lead to polygamous marriages — “is flawed,” said Dorian Solot of the Alternatives to Marriage Project in Boston.
“I think the idea that there is some kind of slippery slope here is silly,” said Matt Coles, director of the American Civil Liberties Union’s Lesbian and Gay Rights Project in New York.
Blacks and interracial couples were once forbidden to marry in this country, but Utah had to outlaw polygamy before it could be admitted as a state, said Mr. Coles.
“So what our history says to us,” he said, “is when we rethink the law and relationships, we do it intelligently, looking at the specific issue in front of us. Doing one thing doesn’t lead to sliding down on all sorts of others.”
“When gay men and lesbians seek the equal right to marry, they seek access to the same institution that the government has set up for heterosexual couples . . . and that’s a loving, committed relationship between two people,” said Ruth E. Harlow of the Lambda Legal Defense and Education Fund.
Moving from a dyadic or pair relationship to a poly-relationship isn’t at all likely, she said, adding that “people who voice these sentiments are not giving the American people enough credit.”
Polygamy is, in fact, more common historically than monogamy, said David Murray, an anthropologist at the Statistical Assessments Service (STATS) in the District.
In the last century, as countries have modernized, moved away from agricultural cultures and/or accepted Christian influences, they have “moved in the direction of the monogamous nuclear family,” said Mr. Murray.
However, until the 1900s, about 75 percent of the world’s 5,000 societies were polygamous “if not in practice, then at least in ideal,” he said.
In the United States, polygamy is illegal, but it exists unofficially, with an estimated 30,000 to 80,000 people living as polygamists in the West.
Typically, these families are Mormon fundamentalists or Christian patriarchal groups that maintain polygamy is a time-honored and scriptural practice.
The Mormon church once practiced polygamy, but officially disavowed it in 1890.
Utah law enforcement officials are cracking down on polygamous families and have charged one Utah man, Tom Green, of bigamy, criminal nonsupport and child rape.
Mr. Green, 52, who has gone on TV talk shows to talk about his multiple wives and 28 children, says he has done nothing wrong because the women are his “spiritual” wives.
It’s families like Mr. Green’s that some people fear will become accepted as a result of Vermont’s civil-union law, which gives homosexual couples the same legal rights as married couples in Vermont.
Since July 1, Vermont has issued civil-union licenses to 340 Vermont couples and 1,099 couples from out-of-state, a spokeswoman in the Vermont Vital Records office said last week.
It is widely expected that some of the non-Vermont couples will sue to have their civil unions recognized in their home states.
If they are successful, civil unions could become legal across America, and this, warns Mr. Kurtz and others, is what paves the path for other nontraditional unions.
In October 1999, for instance, California businessman Ron Unz used this argument to persuade Californians to vote for a law to limit marriage to a man and a woman. “Legalizing gay marriages today means legalizing polygamy or group marriages tomorrow,” Mr. Unz said in the San Francisco Chronicle.
In 1996, when “marriage” between homosexuals was being debated in Congress, William J. Bennett, co-director of Empower America, said that if marriage was expanded to allow same-sex unions, “new attempts to expand the definition still further would surely follow.”
Canadian ethics scholar Dan Cere, who recently wrote a paper on emerging forms of male-female relationships, agrees that changing the traditional marriage model could lead to new combinations.
“If we go the route to redefine marriage, why just recognize dyadic relationships?” asked Mr. Cere. “Why not a diversity of types, multiple human intimacies? It’s part of an inevitable package.”
Meanwhile, “poly people” aren’t necessarily eager to go legal, say women associated with such multi-partner groups.
Yes, some polyamorous people “would love to be able to legally marry more than one person,” said Ryam Nearing, editor of Loving More, a publication for polyamorous people in Boulder, Colo.
“A very common form is a triad — three adults who love each other and live together,” she said, adding that, “they want legal marriage for all the same reasons that [homosexual, bisexual and transgendered] people do — the 1,000 rights of legal marriage.”
However, many “poly folks” aren’t interested in legal marriages, said Ms. Nearing. These are the “libertarian types, who don’t want the government involved in any intimate relationships and would prefer them to be governed by individual contracts.”
This is the view of many polygamous groups, said Vicky Prunty, a former “plural wife,” and director of Tapestry Against Polygamy, a Salt Lake City group that assists women leaving the lifestyle.
Polygamists “want polygamy decriminalized,” but “no way” do they want it legalized, she said.
If polygamy were legalized, she explained, there would be standards and guidelines that people would have to follow. “That means that their marriages would have to be down on paper, and they don’t want any kind of government intervention,” she said.
So, in the end, is America going to allow poly-marriages?
“It’s not clear to me that we would necessarily go down the slippery slopes just because we can,” replied Mr. Murray, the anthropologist at STATS.
That said, he mused, “everywhere I look in American life, there is no slippery slope left unslid.”
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Pick your sides now, because Canada is about to embark on another rip-roaring debate on homosexual rights. This time, the issue will be whether gays and lesbians should have the legal right to marry.
The question essentially is one of principle; it would not at this point have any practical implications.
That’s because the federal government has enacted legislation conferring on gay couples the identical financial obligations and benefits as heterosexual couples. In other words, giving state sanction to gay marriages wouldn’t cost a plugged nickel.
The debate about gay wedlock arises anew this week following word from the Metropolitan Community Church in Toronto that it plans to begin legally marrying homosexual and lesbian couples in the new year.
The church has found a loophole in the Ontario Marriage Act --a reference to “persons” rather than specifically to men and women, which will enable the church to issue marriage licences regardless of sexual proclivity.
The only provisions are that notice of the intended union would have to be published on three Sundays before the marriage --a process known as publication of marriage banns --so anyone objecting for a legitimate reason (say, if one of the individuals is already married) can intervene. And one of the betrothed must be a member of the Toronto church.
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A psychiatric study to be released Wednesday says some gay people can become “straight” if they really want to.
Major mental health organizations, who say that sexual orientation is fixed, and that so-called “reparative therapy” may actually be harmful, are expected to disagree.
Homosexual-rights activists attacked the study, and one of its critics noted that many of the 200 “ex-gays” who participated were referred by anti-gay religious groups.
Dr. Robert L. Spitzer, the professor of psychiatry at Columbia University who led the study, said he can’t estimate what percentage of highly motivated gay people can change their sexual orientation.
But he did say that his research “shows some people can change from gay to straight, and we ought to acknowledge that.”
Spitzer is scheduled to present his findings Wednesday in New Orleans at a meeting of the American Psychiatric Association, and said he plans to submit his work to a psychiatric journal for publication.
Presentations for the meeting were chosen by a committee of the association. Selection does not imply endorsement by the association, said John Blamphin, director of public affairs for the association.
Spitzer himself spearheaded the APA’s 1973 decision to remove homosexuality from its list of mental disorders. At the time, he said homosexuality does not meet the criteria for a mental disorder, and he called for more research to determine whether some people can change their sexuality.
The issue has been hotly debated both in the scientific community and among religious groups, some of which contend gays can become heterosexuals through prayer and counseling.
Major mental health groups agree in saying that nobody knows what causes a person’s sexual orientation. Old theories tracing homosexuality to troubled family dynamics or faulty psychological development have been discredited, the psychiatric association says. The American Psychological Association says most scientists think sexual orientation probably comes from a complex interaction including biological and environmental factors.
Spitzer, who said he does not offer reparative therapy and began his study as a skeptic, said the research was paid for out of his department’s funds.
He conducted 45-minute telephone interviews with 200 people, 143 of them men, who claimed they had changed their orientation from gay to heterosexual. The average age of those interviewed was 43.
They answered about 60 questions about their sexual feelings and behavior before and after their efforts to change. Those efforts had begun about 14 years before the interviews for the men and 12 years for the women.
Most said they had used more than one strategy to change their orientation. About half said the most helpful step was work with a mental health professional, most commonly a psychologist. About a third cited a support group, and fewer mentioned such aids as books and mentoring by a heterosexual.
Spitzer concluded that 66 percent of the men and 44 percent of the women had reached what he called “good heterosexual functioning.”
That term was defined as being in a sustained, loving heterosexual relationship within the past year, getting enough satisfaction from the emotional relationship with their partner to rate at least seven on a 10-point scale, having satisfying heterosexual sex at least monthly and never or rarely thinking of somebody of the same sex during heterosexual sex.
In addition, 89 percent of men and 95 percent of women said they were bothered only slightly, or not at all, by unwanted homosexual feelings. But only 11 percent of the men and 37 percent of the women reported a complete absence of homosexual indicators, including same-sex attraction.
Psychologist Douglas Haldeman, who is on the clinical faculty of the University of Washington and has published evaluations of reparative therapy, said the study offers no convincing evidence of change.
He said there is no credible scientific evidence that suggests sexual orientation can be changed, “and this study doesn’t prove that either.”
He also said the participants appeared unusually skewed toward religious conservatives and people treated by therapists “with a strong anti-gay bias.” Such participants might think that being a homosexual is bad and feel pressured to claim they were no longer gay, Haldeman said.
Some 43 percent of the sample had been referred to Spitzer by “ex-gay ministries” that offer programs to gay people who seek to change, organizations Haldeman said are chiefly sponsored by religious conservatives. An additional 23 percent were referred by the National Association for Research and Therapy of Homosexuality, which says most of its members consider homosexuality a developmental disorder.
David Elliot, a spokesman for the National Gay and Lesbian Task Force in Washington, also criticized the study because of the main sources of its participants.
“The sample is terrible, totally tainted, totally unrepresentative of the gay and lesbian community,” he said.
Spitzer said he has no proof that participants were honest. But he said several findings suggest their statements cannot be dismissed out of hand.
For example, he said, participants had no trouble offering detailed descriptions of their behavior. Spitzer also said the gradual nature of the change they reported indicates “it is not a simple made-up story.”
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A group of clergymen and scholars has proposed a constitutional amendment defining marriage as “a union of a man and a woman,” an effort a critic termed “the nuclear bomb” of anti-gay measures.
The proposed amendment by the Alliance for Marriage states: “Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution or the constitution of any state, nor state or federal law, shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups.”
While claiming support in Congress, Matt Daniels, executive director of the Alliance for Marriage, would not release the names of any members of Congress who support the amendment.
Daniels argued that the amendment would strengthen the sanctity of traditional marriage, and would preclude “the courts from distorting existing constitutional or statutory law” to require that “other pairings and groupings” get the same legal benefits as married couples.
Bob Laird, of the Office for Family Life in the Roman Catholic Diocese of Arlington, Va., and member of the Alliance’s advisory board, charged that “the courts in America are poised to erase the legal road map to marriage and the family from American law within this decade.”
But Christopher Anders, legislative counsel for the American Civil Liberties Union, said the proposed amendment would actively cut citizens off from benefits and protections and would be using the U.S. Constitution to wield a discriminatory sword against members of certain groups.
“The few amendments to the Constitution that have been adopted in the last two hundred years are the source of most of the Constitution’s protections for individuals rights,” Anders said. “The proposed amendment, by contrast, would deny all protection for the most personal decisions made by millions of families.”
“This amendment is the legal equivalent of a nuclear bomb,” Anders added. “It will wipe out every single law protecting gay and lesbian families and other unmarried couples. It’s a problem for anyone who is in a relationship they’re not married into.”
Walter Fauntroy, a member of the Alliance’s board of directors, who is also pastor of a Washington, D.C. church and a former District of Columbia delegate to the House of Representatives, insists the proposed amendment is not discriminatory and would not preclude state legislatures from recognizing civil unions.
“As a black man,” Fauntroy stressed, “I am fierce about protecting the rights of everyone.” But he argued that same-sex unions “tamper” with the institution of marriage.
Some constitutional scholars have reservations about such an amendment.
“We don’t like amending the Constitution often,” said Douglas Kmiec, a law professor at Pepperdine University Law School in Malibu , Calif., “and especially for specific subjects. States are capable of resolving this themselves.”
Kmiec says he personally believes marriage between a man and a woman is “sanctionally unique.” But he adds, “I don’t want this constitutional amendment used to hate or discriminate” against gays and lesbians.
“If it’s constitutionally unnecessary, then you run the risk of being discriminatory,” he said.
Thirty-four states have adopted “defense of marriage” laws that restrict the definition of marriage to a union between a man and a woman.
The federal Defense of Marriage Act, passed by Congress and signed by President Bill Clinton in 1996, assures that no state is obligated to recognize the legal status of civil unions or other same-sex partnerships granted in other states.
But dozens of cities have adopted civil-union laws extending protections and benefits to same-sex couples, and Vermont became the first state to pass such a law last year.
Since then, 2,300 same-sex couples, many of them out-of-state residents, have been bound in Vermont in formal ceremonies.
There are 27 amendments to the Constitution, with only one having been added in the past 30 years. Successful amendments must be ratified by two-thirds majority votes in both houses of Congress and simple majority votes in 38 state legislatures, three-quarters of the total.
If an amendment is not ratified by the states within seven years of its passage by Congress, it expires, as did the Equal Rights Amendment in 1982.
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CHICAGO — The American Academy of Pediatrics has endorsed homosexual adoption, saying gay couples can provide the loving, stable and emotionally healthy family life that children need.
The new policy focuses specifically on gaining legally protected parental rights for gay “co-parents” whose partners have children, but it also could apply to gay couples who want to adopt a child together, said Dr. Joseph Hagan Jr., chairman of the committee that wrote the policy.
Citing estimates suggesting that as many as 9 million U.S. children have at least one gay parent, the academy urged its 55,000 members to take an active role in supporting measures that allow homosexual adoption.
An academy report, based on related research, says “there’s no existing data to support the widely held belief that there are negative outcomes” for children raised by gay parents, Hagan said.
“Denying legal parent status through adoption ... prevents these children from enjoying the psychologic and legal security that comes from having two willing, capable and loving parents,” the policy says.
Critics say the nation’s largest pediatricians’ group relied on flawed data and is meddling in a political issue.
“It’s a group of pro-homosexual people ... who want to further tear down the one-man, one-woman relationship in America,” said the Rev. Louis Sheldon, chairman of the Traditional Values Coalition, a Christian lobbying group. He called the policy irresponsible and “a disservice to medicine.”
But the academy says it’s crucial for pediatricians to get involved because gay households are becoming more prevalent and doctors are increasingly confronted with related issues.
Gay partners often are the primary caretakers, but without parental rights they have no legal say in matters as simple as granting doctors’ permission to give a child a shot, said Dr. Barbara J. Howard, an assistant pediatrics professor at Johns Hopkins University Medical Center who helped draft the policy.
Also, children in gay households may lack health insurance if the family’s only breadwinner is a gay parent without parental rights, Hagan said.
In addition, gay partners lacking parental rights may lose visitation or custody battles when a couple separates or one partner dies, depriving children they’ve helped raise of future contact, Howard said.
“It’s not a political issue,” Howard said. “This is an issue regarding the well-being of the child.”
The policy is published in the February issue of the academy’s medical journal, Pediatrics.
The American Academy of Child and Adolescent Psychiatry and the American Psychological Association also support homosexual adoption.
Nationwide, about half the states have allowed second-parent gay adoptions, where one partner already is a legal parent, said Patricia Logue, an attorney with the gay rights advocacy group Lambda Legal Defense and Education Fund.
A handful of states have prohibitive statutes. Florida bans any homosexual from adopting, while bans in Utah and Mississippi affect gay couples but not gay individuals, said Lisa Bennett of the Human Rights Campaign, a gay rights group.
Research cited in the academy’s report includes a study published last year suggesting that children with gay parents are more open to considering homosexual activity than those raised in heterosexual homes, although not more likely to be homosexual as adults.
Gay rights opponents say that study supports their contention that being raised in a gay family is harmful.
Hot-button issues aren’t new for the academy, which also has supported gun control and banning television for children under 2, and opposed mandatory disclosure to parents when patients are considering abortion.
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AUBURN, N.Y. — The Cayuga County legislature decided to close its $3.8 million account with HSBC Bank USA after the company shut its doors to local Boy Scout meetings because of the group’s ban on gay leaders.
The county council voted 14-1 Tuesday night without dispute to withdraw its money from the bank.
“I hope it sends a message to the bank that if they want to fight with the national Boy Scout organization, go right ahead and do it. But they should not just single out the local group and discriminate against them,” said county lawmaker Herbert Marshall.
“Our local Boy Scout group is an asset to the community,” he said.
Earlier this month, bank officials told the local Boy Scouts chapter that it could no longer use the building as a meeting place after June 30 because the national organization’s policy of excluding gay leaders conflicts with the company’s commitment to diversity.
HSBC spokesman Kathleen Rizzo Young said Wednesday that the bank did not intend to change its position. She declined any further comment about the county’s action, citing the bank’s policy on customer confidentiality.
Young also stressed that HSBC has “a strong presence of community involvement and support” in the communities where it operates. “This has gotten a lot of attention ... but there is a bigger picture,” she said.
The local council, with approximately 2,000 Scouts, has rented a 1,200-square-foot space in the bank on a month-to-month basis since 1993. It uses the space for administrative offices, a retail supply store and training room in the bank, Marshall said.
Cayuga lawmakers acknowledged that their protest action was purely symbolic and would have no financial impact on the corporation.
HSBC Bank USA, based in Buffalo, is the country’s 11th largest holding company with $87.6 billion in assets. It has 420 branches in New York as well as 13 other branches in Florida, Pennsylvania and California and is a wholly-owned subsidiary of the London-based HSBC Holdings, with 6,500 offices in 78 countries.
Young said she was not aware of any other similar situations involving the bank.
“We are rarely in the landlord business. Most of our buildings do not have rentable space,” she said.
Since the bank’s decision, at least two Auburn churches and the Town of Throop also have pulled their money — totaling about $752,000 — from HSBC.
On Thursday, Auburn city lawmakers will consider a similar move, but Mayor Melina Carnicelli said she would vote against such action. The city has between $5 million and $10 million in HSBC.
She called it “blatantly inappropriate” for “two business reasons.” First, she sees the situation as a landlord-tenant dispute. More importantly, she said the city should not arbitrarily decide to withdraw millions of dollars without studying the financial ramifications for the city and its taxpayers.
The groundswell of local support has been overwhelming, said Don Grillo, the local council’s executive director.
“We’re not going to put them out of business, but I think people have felt very strongly to show their concern for the well-being of Scouting,” Grillo said.
Gregg Shields, a spokesman for the National Council of the Boys Scouts of America, said similar situations involving the Scouts’ policy have come up “here and there, now and then but by and large it has not been much of an issue.”
Last year, Syracuse University told the Hiawatha Council that it could no longer hold its annual fund-raising dinner in the Carrier Dome. The dinner, which had been held in the Dome since 1984, features national prominent speakers and is attended by more than 2,000 Scouts.
Shields said only a few of the Scouts’ 315 local councils do not own their own building. He said he thought it would be easy for the Cayuga council to find new accommodations, adding that Scouts do not plan to alter their stance.
“We will hold to our mission, which is to help young people build character and make ethical choices throughout their lives,” Shields said.
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Andrew Coyne
Talk about being left at the altar: Just as gays are finally to be allowed into the house of marriage, everyone else is departing.
In the very week that an Ontario court found that Canada’s historic definition of a marriage as the union of a man and a woman was unconstitutional, preparing the ground for a Supreme Court challenge that will almost certainly end in the same result, Statistics Canada reported that a majority of couples under 30 are now choosing to live common-law, rather than marry.
There are now nearly 1.2-million common-law couples in Canada, four times as many as there were 20 years ago. Partly in consequence, the fertility rate has dropped to an all-time low, since common-law couples are less likely to stay together or to have children if they do. But with proportionately fewer couples choosing to marry, the number of children born out of wedlock, as a share of all births, is rising.
And why not? A stream of decisions, issuing from both the courts and the legislatures, have steadily eroded whatever legal distinctions may once have existed between marriage and common-law unions. Indeed, in some ways living in sin may now be the smarter choice, whether in terms of liability for taxes or eligibility for benefits.
So the formal legal status to which gay couples have long aspired -- some of them, at any rate -- is one that has been largely emptied of meaning. As it has been said, about the only privilege still reserved to lawful matrimony is the right to get divorced -- a right to which an ever increasing number of married couples are resorting.
Conservatives will be inclined to view gay marriage as simply another in the long list of indignities visited upon the institution, if not somehow responsible for the rest. The truth is altogether different. It was in a tortuous attempt to avoid sanctioning gay marriage that our legislators were driven to erase all distinctions between marriage and common-law.
Consider the case of Bill C-23, “An Act to modernize the Statutes of Canada in relation to benefits and obligations.” Passed two years ago, the legislation was supposed to bring federal laws into conformity with several Supreme Court rulings, which held that denying gay couples access to spousal benefits was discriminatory.
But the government was caught in a dilemma. How could it, on the one hand, claim to be eliminating discrimination against homosexuals, and on the other, leave intact the biggest single act of discrimination, at least in symbolic terms, that of reserving the “honourable estate” of marriage to heterosexuals?
Yet as radical as it was in altering spousal benefits to include gay couples, it dared not extend this quest for equality all the way to the definition of marriage, and for the same reason: while the public was sympathetic to the first cause, it was wary of the second. Instead, another solution was devised. Along with treating all unmarried couples alike, regardless of their sexual orientation, the legislation extended substantially all of the benefits and obligations of married couples to any “conjugal relationship.” Even the definition of common-law was relaxed, from three years’ cohabitation to one.
Rather than put gays on an equal footing with straights, in other words -- in marriage as in other areas -- the legislation equated marriage with shacking up. Had the government chosen to legalize gay marriage, it could have easily justified maintaining a separate legal status for married couples, as opposed to common-law: There is, after all, a world of difference between a formal commitment to live as one “till death do us part” and the mere fact of having shared a bed for 12 months. Instead, it sacrificed the supremacy of marriage to preserve a specious equality, even as it left a flagrant insult to gays on the books.
And now even this vandalism will be for naught, as the government must have known it eventually would be: It will have to change the definition of marriage anyway. Good. Maybe with the issue of discrimination against gays out of the way, we can get back to discriminating in favour of married people.
The conservative case for gay marriage has until now focused on what it might mean for gays: that with the social legitimacy the institution implies, gays might be encouraged to, as it were, “come in,” adopting the behavioural norms of society at large. The promiscuity to which so many gay men, in particular, seem to be drawn, may in part be a function of their marginalization.
But there’s an argument to be made that gay marriage may in fact be good for the institution of marriage. Perhaps, seeing the determination of a minority among us to be admitted within its confines, we will be more appreciative as a society of its virtues. Perhaps we can learn something from them.
The house of marriage is in some disrepair. Maybe they can fix it up a little.
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Government urged to appeal recent court ruling
OTTAWA and TORONTO -- The federal Liberals are setting themselves up for electoral defeat if they allow gays and lesbians to marry, a Liberal MP warned yesterday.
Tom Wappel, a Toronto MP who ran for the party’s leadership in 1990 on a pro-life platform, said he has yet to speak with a Liberal MP who would vote in favour of same-sex marriages. He urged his government to appeal a recent Ontario court decision that lifted the ban on same sex-marriages in Ontario and gave Ottawa two years to rewrite its marriage laws. If the government does not move by then, the definition of marriage will be changed to the union of “two persons.”
Wappel said the government must fight the decision all the way to the Supreme Court, and, if unsuccessful, use the notwithstanding clause in the Charter of Rights and Freedoms to override the court. Otherwise, many Liberal MPs will have a hard time getting re-elected, he said.
“Who’s going to vote for a government that destroys the traditional definition of marriage? I wouldn’t want to go into the next election wearing that,” he said.
“My view is that the Supreme Court of Canada will overturn the court of appeal. If they do not, then it is time for the Parliament of Canada to overturn the Supreme Court of Canada by using the Charter.”
Wappel also criticized Ernie Eves, the Ontario Premier, who said yesterday he has no objections to same-sex marriage.
“It’s fascinating that when somebody like me says I’m personally against abortion, then I’m told my personal views have no business in the public arena,” Wappel said.
The issue of equal rights for same-sex couples has been an explosive one in Parliament. In 1999, Mr. Wappel was one of six Liberals who voted against legislation granting survivor benefits to gay and lesbian partners of federal employees; it passed 137-118. In 2000, the government amended 68 federal statutes to give same-sex couples the same status and rights as common-law heterosexual couples. That bill also passed easily, thanks in part to an amendment in the bill’s preamble that defined marriage as the “lawful and voluntary union of one man and one woman to the exclusion of all others.” The amendment was seen as a move to keep dissenting Liberal backbenchers on side.
On Tuesday, Martin Cauchon, the Minister of Justice, said his department is studying the decision, but he spoke highly of a recent Quebec ruling that removed an opposite-sex reference from its provincial code.
This week, Ralph Klein, Alberta’s Premier, restated his government’s position that “most Albertans believe marriage is fundamentally a union between a man and a woman.”
According to a Canadian Press/Leger Marketing survey of 1,507 people in June, 2001, 65.4 per cent of Canadians approve of same-sex marriage, while 18.6 per cent opposed extending such rights to homosexuals.
George Smitherman, a gay MPP in the Ontario legislature, said Eves’s tacit approval of same-sex marriage is “something to celebrate.”
“It’s an exciting time when Canada’s most populous province can have three political parties all supporting the principle of gay marriage -- endorsing the concept that all people should be allowed to express their love for one another in the most significant way our society knows,” said Smitherman, a Liberal.
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Same-sex couples have every right to live together in a committed relationship. But the institution of marriage should retain its historic meaning as the exclusive union of one man and on woman.
That’s why Premier Ralph Klein is right in insisting the province will use whatever legislative tools are necessary -- including the notwithstanding clause, if it is available -- to protect the traditional view of marriage.
Although support for same-sex marriages is strong in some provinces, notably Ontario and Quebec, more than 56 per cent of Albertans are opposed, according to one national poll. This was reflected in the passage of Alberta’s Marriage Act last year, which defined marriage as being between one man and one woman.
Ottawa passed a similar piece of legislation in 2000.
Last week, the Ontario Superior Court declared the common-law definition of marriage as “the lawful and voluntary union of one man and one woman to the exclusion of all others” to be constitutionally invalid.
If the Supreme Court of Canada upholds this judgment -- and the federal government has yet to announce whether it will seek leave to appeal -- both laws will be threatened.
Yet Albertans are right to view such a fundamental change to society with caution. There are occasions when the extension of rights for one party means their loss for another.
For example, an Ontario Catholic school board found its right to base its rules on biblical principles trumped by a gay-rights argument when a court found in favour of a young man wishing to bring his boyfriend to a prom. Without specific protections, it is easy to imagine a church being sued for its refusal on principle to marry a same-sex couple.
Same-sex couples living in de-facto unions have legitimate concerns, especially over property rights in the event of a breakup of the relationship. Legislation can address such concerns without expanding the concept of marriage. To assure fair treatment, Alberta has introduced the Adult Interdependent Relationships Act to define the mutual responsibilities of unmarried people living together.
The province might even wish to define a marriage-like condition -- call it a registered domestic partnership, perhaps -- that would give status to same-sex relationships and recognize the commitment behind them. It would even be no business of the state if a same-sex couple thereafter found an institution prepared to put them through a symbolic commitment ceremony.
Marriage has historically been a union between a man and a woman, often with the intention of procreation. Thus, the idea of expanding the definition of marriage alters its meaning for those who have held on to the traditional structure. If such a key foundation of society is to be redefined, it should not be through a court, but through the elected representatives of the people. And they have already spoken.
If Klein has to say it again, he should do so loudly.
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Liberals to consult with public on marriage laws amid ferment of competing solutions
OTTAWA - Jean Chrétien announced yesterday that Canadians will be asked for their views on same-sex marriages, but refused to reveal his own feelings on the subject.
The Prime Minister and Martin Cauchon, the Justice Minister, said a public consultation will begin next month with the aim of coming to a speedy conclusion.
A parliamentary committee will hold public hearings and the Justice Department will release a public discussion paper in September, Mr. Cauchon said.
He said he wants the committee to reach a “rapid” conclusion so that the government can quickly decide what to do.
Mr. Chrétien described the debate over gay and lesbian marriage as a “social problem” while keeping his personal thoughts under wraps.
“I want you to tell me yours and after that I will tell you [mine]. Because my views are one thing, but I’m the Prime Minister of Canada,” he told reporters after a Cabinet meeting in Ottawa yesterday.
“I could decide tomorrow, but that’s not the process.”
Sources say possibilities under consideration by the government include: broadening the definition of marriage to cover same-sex couples, taking the government out of the marriage business and leaving it to the churches, or affirming marriage as an opposite-sex union while creating a parallel civil union for gays and lesbians.
One choice to be presented to the public is rejecting gay and lesbian marriage by continuing the legal battle against an Ontario court ruling last month that recognized same-sex marriage for the first time in Canadian law.
The Prime Minister defended the government’s decision to appeal the ruling, which found the federal definition of marriage violates the Charter of Rights and Freedoms by denying same-sex couples the right to marry. The ruling gave the federal government two years to change its definition. Mr. Chrétien said the government often appeals court decisions and also rewrites laws after rulings by tribunals.
“When you look at the situation in France, they didn’t change the definition of marriage, but they made the social contract that other provinces are making in Canada. So it’s an extremely complex problem that needs study. So we’re studying,” he said.
In the past week, three senior Cabinet ministers, Sheila Copps, the Heritage Minister; Bill Graham, the Foreign Affairs Minister and Allan Rock, the Industry Minister, have come out in favour of same-sex marriage.
Equality for Gays and Lesbians Everywhere (EGALE), a gay-rights lobby group, said it expects the support of at least seven Cabinet ministers, including Jane Stewart, the Human Resources Minister; Paul DeVillers, the Amateur Sport Minister and Jean Augustine, Secretary of State for the Status of Women.
Yesterday was the first Cabinet meeting since the government’s decision to appeal the ruling, but Mr. Cauchon brushed off suggestions his colleagues are divided.
The government is appealing the decision because it believes the court “wasn’t right in law.”
“There is major legal concern and we have to keep going on that side, but also at the same time, as Justice Minister, I wanted to keep all options open,” Mr. Cauchon said.
“I do believe it’s a question of law, but it’s a very important question of social issue.”
Taking the issue to the Supreme Court is not a priority for the government, he said, because it is a decision that must be made by the government and Parliament. He also pointed out that the same Ontario tribunal that ruled against the federal definition of marriage had in fact supported the definition in a 1993 decision.
Both the Canadian Alliance and EGALE said they support the government’s decision to study the issue further. The Alliance maintains its support for the current definition of marriage, however, while EGALE sees the study as a first step toward recognizing same-sex marriage.
“They’re showing what I would call cautious leadership,” said John Fisher, EGALE’s executive director. “Leadership in our view involves actually taking action rather than just talking about taking action. This is the opening of a dialogue and it’s a dialogue that we feel leads down an inevitable path toward one conclusion, which is the equal treatment of same-sex couples within marriage.
“We hope that this will not become a prolonged and endless circular debate.”
The government has yet to decide which committee will study the issue, but Andy Scott, the Liberal MP who chairs the House Justice committee, said he has already told Mr. Cauchon his committee can handle the job.
“I would anticipate a great deal of interest in this,” he said.
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John Derbyshire
I am going to take issue with my colleague Deroy Murdock. Reluctantly and respectfully, since I love Deroy’s stuff, and I also love the fact that a tiny alteration to his first name gets you started on my last name. And in fact I’m not even sure I’m taking much issue, rather filling in something important I think he left out of his piece on homosexuals being re-oriented by therapy (Gays Can Go Straight).
To begin with, let me quote, with permission, an e-mail I recently received from Lawrence Henry, who is a columnist for Enter Stage Right and a person of much worldliness and wisdom. This email was one of several in some exchanges we were having about homosexuality. Here is what Larry wrote (except that I have changed a name and a city).
My best friend in college was a wonderful-looking young man named Gerry, who studied modern dance with Merce Cunningham and Martha Graham. He was really very good. I visited Gerry’s home with him once on a school break. He lived in Richmond. His father was the rector of one of the oldest downtown Episcopal churches.
During that visit, his father told me (perhaps suspecting an attachment that did not exist between Gerry and me) that Gerry had come home from a high school vacation spent at a dance camp or conclave of some kind, and had told him he had been propositioned by a homosexual, and had asked him what to do about it.
“I told him,” the old rector rumbled in self-righteous satisfaction, “‘Gerald, it’s up to you.’”
I thought then, and still think, this was one of the most extraordinarily cowardly acts I ever heard of.
Adolescence, of course, is a time of such powerful sexual desires that adolescents can be persuaded to attach themselves to almost any set of images, objects, or ideas — especially when appeals are made to the equally powerful adolescent insecurities and desires to belong to some seemingly attractive group. Lee Trevino, describing himself as a young man, said, “I’d f--- a rock if I thought there was a snake under it.” W. H. Auden, asked in old age what it felt like when his sexual desires diminished said, “It’s like being allowed to get off a wild horse.”
To exploit that adolescent complex of desires is about the most despicable thing I can think of. “Whoever causes one of these to sin, it would be better if a millstone were hung about his neck and he were cast into the sea,” just about summarizes it.
Before I proceed to my main point, let me say that I think the whole issue of homosexuality is a very difficult one for social conservatives. For some of us, anyway. If you’re a Christian or Jewish fundamentalist, it’s a no-brainer: The proscription is right there in Leviticus 18:22, and there is nothing more to be said. Most of us, however, are not fundamentalists. I myself am a not-very-observant Episcopalian. (Which, from a strictly pastoral point of view, leaves me wide open on this topic. A colleague of mine who once served time in a Jesuit seminary told me the following joke, which apparently has them slapping their thighs round the refectory table. Q: How many heterosexual Episcopalian ministers does it take to install a bishop? A: All three of them.) For people like me, who think that homosexuality as a social phenomenon — whatever we may think of individual homosexuals, or wish them to think of us — is deplorable, or at least regrettable, there is some explaining to do, especially to the homosexual friends and colleagues all of us have. I have no space to do that explaining here, though I think what I’m going to say covers some of the territory. What I mainly want to do is just unpick one single thread from Deroy’s Monday piece, and pull on it to see how much unravels.
In that piece, Deroy discussed the controversy over a recent study asserting that “highly motivated” homosexual men can be “turned” by appropriate counseling and therapy. Deroy quotes some of the angry reactions to this study from homosexual-rights activists, and points out that their protests are based on the widely-held beliefs that sexual orientation is firmly fixed at birth, and that a person is either 100 per cent gay, or 100 per cent straight. He then explodes those beliefs by raising some counter-examples, for example of heterosexuals like James Hormel, the former U.S. Ambassador to Luxembourg, who went in the other direction after fathering five children. Deroy concludes:
Perhaps it’s best for gays and straights to agree that it’s OK for every American to follow whichever sexual frequency suits his fancy, whether he tuned in at conception or switched channels as an adult.
Perhaps it is; but what, exactly, does the phrase “every American” encompass? Every American above the age of…what? Obviously it does not include my son, aged, as he will be pleased to tell you, five and three-quarters. What about “Gerry” in Lawrence Henry’s little story — is he included, as his father seemed to believe? Young people — and I would include college-age under “young” — need some guidance and authority to turn their raging romantic and sexual urges into healthful and socially desirable channels. They know they do — what is Gerry doing but asking for guidance? So what guidance should we give? Is homosexuality healthful? Is it socially desirable?
Well, in the first place, there cannot be much dispute about the fact that male homosexuality is seriously un-healthful. There was not much to dispute about this even before the rise of AIDs, though this has been pretty much forgotten now. Leaving that aside, is homosexuality — male or female — socially desirable? Is any kind of entirely private behavior any of society’s business?
That, of course, is where the interesting arguments begin. Social conservatives like myself rest their case on the common experience of humanity across the ages. You can’t have much of a society — let alone a civilization — without some reasonably stable system for nurturing and socializing children, some system sanctioned by custom, fortified by law, and granted preferences and privileges to assist it. The only system with much of a track record is the man-woman family arrangement. There might be individual records of success with other schemas; but statistically speaking, homosexual partnerships are way too unstable to serve the nurturing and socializing purposes, and the single-parent family gets you what we see in our inner-city ghettoes. (And while polygamy and polyandry might, for all I know, both work, they are both grossly and obviously unfair.) It follows that while homosexuality can be, and in my opinion ought to be, tolerated as a fringe activity for people who are determined to follow that inclination, attempts to proselytize and normalize homosexuality ought to be resisted, even if it could be shown that normalization is possible, which I don’t think it could.
The common attitudes of humanity reflect these (as it seems to me) obvious truths. Very large numbers of people agree with me that homosexuality is not socially desirable. Polled by Gallup in February 1999, in fact, 43 percent of respondents to the question “Do you think homosexual relations between consenting adults should or should not be legal?” answered with “Not legal.” This is much sterner than my own position — I can’t see any point in laws against homosexuality, nor can I see how such laws might be enforced — but it’s obviously how an awful lot of people feel.
Now, you might say that widespread beliefs prove nothing. You might say — well, you probably wouldn’t say, but you might very well think — that the only thing proved by Mr. Gallup is that 43 per cent of the American public are unenlightened bigots in need of some serious re-education. They are homophobes! (A stupid word, which, if it meant anything, would mean “having similar fears,” as in: “She and I are homophobic; we’re both scared of spiders.”) You might add that a majority of citizens in 16th-century Spain probably supported the burning of heretics, and that until quite recently, a majority of people everywhere believed that the earth was flat. Sure, sure: but look at the sheer stubbornness of these attitudes. By 1999, the American public had been marinated in pro-homosexual propaganda for thirty years. Movies, TV sitcoms, magazines, newspapers, celebrities, colleges and even high schools have been preaching the gospel for an entire generation. Tolerance! Diversity! Could be your own child! Gay is just as good as straight! Yet after all this — in the teeth of all the propaganda, all the proselytizing, all the sanctimony and intimidation and lawyering and moral blackmail — the U.S. public obstinately refuses to believe that homosexuality is just fine. Close to half of them think it should be “Not legal”!
Whether you think they are right or not, one important fact undeniably follows: that homosexuals are an out group (no pun intended). They are an unpopular minority — unpopular, at least, with huge numbers of their fellow citizens, and likely to remain so for a very long time to come. If thirty years of relentless propaganda by the massed forces of the U.S. media, education and entertainment industries have still left 43 percent of us wanting homosexuality “Not legal,” when, exactly will homosexuality be taken as “normal”? Homosexual activists are in complete denial about this. Like British generals in WW1, they believe that one more propaganda Big Push — one more Philadelphia, one more Queer As Folk, one more Mathew Shepard atrocity — will swing the public to their side, will suddenly have everyone believing that, by gosh, yes, gay is just as good as straight! I have news for these activists: It ain’t gonna happen. You are stuck in the trenches. Forever. Again, you may think this is a grave injustice, and you may be right: but unjust or not, it’s a fact as plain as the nose on your face.
So what does a wise adult say to a young person like Gerry, who is wondering whether to take a ride on the gay side? At the very least, he should say this. “The common opinion of humanity is, and always has been, against homosexuality, in almost all times and places. (And the exceptions are not very exceptional: see, for example, K. J. Dover’s Greek Homosexuality.) There are strong social reasons for this, and probably some biological ones, too. You may be wiser than the rest of humanity, but this is not a priori very likely. If you commit yourself to homosexuality, you are committing yourself to a life apart from the main current of society, to being despised and sneered at, mostly but not entirely behind your back. The generality of people, always and everywhere, feel that male homosexuality is mildly disgusting, and female homosexuality mildly ludicrous. You might have the luck to settle into some social niche — certain of the performing arts, for example, or the women’s professional golf circuit — where the sneering is at a minimum, but no one can, or should, live altogether apart from the larger society. People in whom the homosexual impulse is irresistibly strong put up with this outsider status. Some of them even like it — to a certain personality type, there is a thrill in being an outsider, a transgressor. It’s not probable that you are that type, and in any case this is not the time to try to find out. At your age, you should be sampling the ordinary pleasures that most people have found fulfilling and satisfying, and the proper pursuit of which helps hold society together, and has provided the raw material for most great art and literature down through the ages. If you find those pleasures irksome, there will be plenty of time in your adult life to experiment with others. Before you can break the rules you must master them; before you can create abstract art, you must cut your teeth on still lifes and landscapes; before you can write free verse, you must cope with sestinas and sonnets. Yours is not the age for transgressions — especially not for transgressions that spread disease and dysfunction, as male homosexuality does. Your best shot at a happy and fulfilled life is bourgeois normality, unless you are an exceptional case. Whether or not you are such a case simply cannot be decided at your age, certainly not by you yourself. Stay away from that guy!”
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Mr. Murdock is a columnist with the Scripps Howard News Service.
A fresh controversy exploded May 9 when Columbia University psychiatry professor Dr. Robert L. Spitzer released a study which he says indicates that “highly motivated” gay people can become heterosexual through support groups, mentoring and even by reading certain books. As Dr. Spitzer’s paper, delivered to the American Psychiatric Association, concludes: “some individuals who participate in a sexual reorientation therapy apparently make sustained changes in sexual orientation.”
These findings were based on the experiences of 200 “ex-gays,” most of whom had worked with ministries in an effort to change their sexual orientations. Many such religious institutions regard homosexuality as a sinful condition worthy of correction.
The fire and brimstone quickly erupted.
“I’m appalled, absolutely appalled — it’s not scientific, it’s not valid, it’s what’s known as anecdotal data,” Dr. Barbara Warren of the Lesbian and Gay Community Services Center in Manhattan told the New York Post’s Kate Sheehy. “I cannot believe Columbia would allow any of its professors to do anything like this.”
“This study makes it clear that until society is free from anti-gay prejudice, people will feel compelled or can be coerced into attempting to change and claim success even if it has not occurred,” said Wayne Besen, Associate Director of Communications for the Human Rights Campaign. An HRC news release adds: “The validity of the study is questionable because of the author’s anti-gay views, close ties to right-wing political groups and lack of objective data.”
Gay-rights activists usually argue that sexuality is as fixed at birth as fingerprints. The HRC’s web page features a report by Kim Mills, its education director, that says “The psychological, medical and psychiatric establishments agree that sexual orientation cannot be changed, and that so-called ‘reparative therapy’ aimed at altering gay peoples’ orientations does not work and may, in fact, be harmful.”
This view is common and, I think, incorrect. It parallels another widely held and, I believe, inaccurate view, which is that sexual orientation is like an on-off switch. Either you’re straight or you’re gay. Period.
Sexuality seems much more like a dimmer switch that can shift from the soothing mood lighting of a bar at full swing all the way up to the blinding wattage that scares patrons away after last call.
I am not a psychiatrist, nor do I play one on the Internet. However, I can offer strictly anecdotal evidence of people I have met who have skated across the sexuality spectrum throughout their lives.
I know several men and one woman who had repeated homosexual experiences in college and graduate school who now are in heterosexual marriages, at least one of which has produced a child. These stories echo Dr. Spitzer’s research and would comfort those who wish to “rescue” homosexuals.
But even more interesting are heterosexuals who wind up gay. One university administrator I know was married to a woman for several years. They divorced while in their twenties. He now has a soft spot for young, Hispanic men. A federal official I know married a woman shortly after college. They also split, and he now is comfortably gay.
Rep. Jim Kolbe (R., Ariz.), a well-regarded free trader who addressed last year’s GOP Convention, had a wife before coming out as a gay man. James Hormel, former U.S. Ambassador to Luxembourg, fathered five children by his previous wife, Alice Turner, before becoming a gay man. They also share 13 grandchildren.
I know gay men who have not so much as kissed women other than their mothers on their cheeks. One gay man I know was involved sexually with a woman, but only once. Just as they were about to consummate their encounter, he leapt from the bed they shared, sprinted into the bathroom and lost his lunch. Now essentially allergic to women, he only has been involved with men since then. Conversely, I recall one gay acquaintance telling another, “Of course I’ve slept with women,” as if to belittle the other guy’s masculinity.
I have straight male friends who would rather talk about the latest breakthroughs in needlepoint than think for a moment about male-male intimacy. Conversely, I know a couple of straight guys, both with serious girlfriends, who have visited gay bars on occasion because, they say, the sexually charged atmospheres there are more interesting than what they tend to find at straight establishments.
Sexual orientation, I believe, is not as genetically determined as gay activists argue, nor does it flow as inexorably towards heterosexuality as religious conservatives might hope. While most gays stay gay and most straights remain straight, there are people all around them who travel all over the sexual map.
It also is interesting to consider this controversy within the context of the changing terminology that homosexual activists have embraced over the years. What began as the gay-rights movement eventually became the lesbian-and-gay-rights movement after homosexual women clamored aboard the bandwagon gay men launched at New York’s Stonewall Riot in 1969. Before long, bisexuals officially were along for the ride. Today, the most impeccably PC terminology is the acronym “LGBTQ.” This stands for “lesbian/gay/bisexual/transgender and questioning.” (The latter is roughly equivalent to the undecided category in a political opinion survey).
Gay liberals who ridicule the idea that gays can become straight shot their toes off when they inserted the “T” in LGBTQ. If “transgender” individuals can be embraced (and, in San Francisco, publicly subsidized) for having their genitalia surgically rearranged to liberate their inner males or inner females, why is it heretical to suggest that some gays can go straight? Why can’t a gay man’s inner heterosexual or a straight woman’s inner homosexual be unshackled? And just think, no scalpel required!
Meanwhile, detractors of homosexuality who may welcome Dr. Spitzer’s study should ask themselves some serious questions about the implications of “therapy” for gays. Would they truly welcome a world in which gay people suddenly, magically went straight?
Assume, for a moment, that every gay man in America woke up straight. What would heterosexual males say when millions of chiseled, buff men with bulging biceps and rock-hard abs march into TGI Fridays from coast to coast “looking for chicks?” Would any minister actually want to see Richard Simmons propose to his daughter? Would any conservative activist really welcome the news that her youngest son is dating Rosie O’Donnell? If Britney Spears moved in with Rupert Everett, would straight men cheer, or slit their wrists in unbridled envy?
Perhaps it’s best for gays and straights to agree that it’s OK for every American to follow whichever sexual frequency suits his fancy, whether he tuned in at conception or switched channels as an adult.
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By Ellen Sorokin
Pennsylvania Gov. Mark Schweiker yesterday signed legislation that gives homosexuals statewide legal protection from verbal harassment and hate crimes — a move that critics argue targets church leaders who preach against the homosexual lifestyle.
Critics said that they fear the law could be enforced too liberally to include pastors, preachers and other church leaders who during their sermons often quote passages from the Bible that denounce homosexuality. As a result, the law would then violate the church leaders’ free speech rights and religious liberties.
“Those especially at risk are conservative religious people who may very well find themselves hauled into court unless they keep their mouths shut for being politically incorrect,” said Laurel Lynn Petolicchio, a constitutional activist from Columbia, Pa.
“This legislation basically sets up for a lawsuit against any minister or religious leader who publicly states that certain sexual behavior is immoral or improper. That is in direct violation of the state Constitution.”
Many pastors in the state agree. “If the legislation hints in the slightest of grounds for a lawsuit against a preacher, we fear that it will be greatly taken advantage of, to the point of abuse,” said Jerry O’Donnell, president of the “Thus Saith The Lord” Ministries in Harrisburg, Pa. Mr. O’Donnell said that he is looking into getting insured against any legal actions he may face.
The legislation adds the phrase “ancestry, mental or physical disability, sexual orientation, gender or gender identity” to the state’s Ethnic Intimidation law. The existing law calls for longer jail terms and higher fines for crimes motivated by hatred against victims because of race, color, religion or national origin.
The additional language means that someone convicted of attacking a homosexual because of his sexual orientation would face a longer jail term and stiffer fines, just as a person does now for targeting a racial minority.
“By signing this legislation, I am joining the General Assembly in sending a strong, clear message that Pennsylvania will not tolerate violence against anyone — period,” said Mr. Schweiker, a Republican.
The legislation was drafted by Philadelphia-based Center for Lesbian and Gay Civil Rights (CLGCR) and supported by Republicans and Democrats alike. The state House last week passed the measure 118-79, and the state Senate passed it 32-15 last year.
Opponents argued that the measure violates the “equal justice for all” principle.
“We should be looking at the crime, not trying to decide what the thoughts were of the perpetrator,” said state Rep. Allan Egolf, a Republican who voted against the measure. “What we’re doing is stripping away the blindfold on Lady Justice who doesn’t see the person who committed the crime but is only considering the facts.”
Advocates of the measure said that Pennsylvania now has the most inclusive legislation of its kind in the country and hailed it as a “breakthrough for principles of tolerance and social justice.”
“This is important to gays and lesbians because the state legislators who voted for this bill made a statement that they will not tolerate violence towards their most vulnerable constituents,” said Stacey Sobel, CLGCR’s executive director.
Supporters also said the measure in no way punishes religious leaders.
Kathleen Daugherty, director of Harrisburg-based Lutheran Advocacy Ministry, which supports the measure, said that the law is meant to give law-enforcement authorities extra tools to prosecute those who attack homosexuals, not to take away the free speech rights of preachers and church leaders.
“What a minister is doing is not a crime,” she said. “This measure is about the people who go after persons like Matthew Shepard and harm them. Pennsylvania needs to make a statement that we will not tolerate hate.”
Mr. Shepard was a homosexual college student killed by local men in Wyoming in October 1998.
But others argue that it’s their values that are being trampled.
“Not only are you not allowed to speak it, you’re now not allowed to think it, and that’s dangerous,” said the Rev. Frederick Bieber of the Hanoverdale Church of the Brethren near Hummelstown, Pa.
“My concern is that it brings about what Christ spoke about how Christians are going to be hauled off and slaughtered for their beliefs, and that’s what the supporters of this measure are bringing on. That’s the only way they’re going to shut me up anyway.”
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Don’t you hate people who say “I told you so”?
Well, with apologies in advance, hold your horses. Here at Free Congress Foundation, we told you so.
The year was 1982; the book was The Homosexual Network: Private Lives and Public Policy. The author was Enrique Rueda, a Catholic priest then in the diocese of Rochester, New York. The book had 522 footnoted pages of text, with another 160 pages of appendices and indexes. It not only analyzed the ideology of homosexuality, but it documented the spread of that ideology through religious organizations, including the Catholic Church, and traced the funding of it.
If you had read that book you would not have been surprised by the revelations that have been coming out of Boston in the recent trial of Fr. Geoghan, on whose behalf the Archdiocese of Boston by 1998 had settled 50 pederasty cases while another 84 were pending. Your jaw would not drop in disbelief when you read, as you might have in Crisis magazine last October, that every one of the 188 Catholic dioceses in the country have faced or are facing claims of child sex abuse.
In the book, Fr. Rueda detailed - with meticulous footnotes - what, already then, was the growing network of “support groups”, counseling referrals, newsletters, and organizations of homosexuals and pro-homosexuals in the churches of the United States, including the Catholic Church. The network was particularly effective within the Catholic Church: at one point in the late 70’s, a key staffer at the Office of Public Affairs and Information of the U. S. Catholic Conference/National Conference of Catholic Bishops was a leader of the Washington, D.C., homosexual movement as well as president of Dignity, the pressure group which seeks to force the Catholic Church to relate to homosexuals according to the tenets of the homosexual ideology.
The name of the fair city of Boston appears frequently in Fr. Rueda’s pages, giving it the dubious distinction of being the birthplace of NAMBLA, the North American Man/Boy Love Association (an interesting coincidence in light of subsequent developments). Also interesting to note is that one Fr. Paul Shanley attended the NAMBLA convention in Boston, supposedly on behalf of the then-Cardinal Archbishop, Medeiros.
In the early days of “gay liberation”, 1972, a National Coalition of Gay Organizations adopted a “Gay Rights Platform”. This list of demands included one to repeal all laws governing the age of sexual consent - a matter of some obvious concern to pederasts. “Homosexuality is no sicker than heterosexuality,” proclaimed the Third Number of the NAMBLA Journal, “What is sick is society’s efforts to supress [sic] and persecute it.”
In those days, every type of sexual activity was considered equally deserving of “liberation”. As pederast theoretician David Thorstad proclaimed it in the pages of Boston’s Gay Community News in January, 1979: “We should present ourselves not merely as defenders of our own personal rights to privacy and sexual expression, but as the champions of the right of all persons - regardless of age - to engage in the sexuality of their choice. We must recognize homosexual behavior for what it is - a natural potential of the human animal.”
By 1998 Thorstad was blasting the gay movement because it had “retreated from its vision of sexual liberation, in favor of integration and assimilation into existing social and political structures... increasingly sought to marginalize even demonize cross-generational love.” Translation: the tacticians who won the internal battles, and therefore prevailed, realized that “We are everywhere” was a slogan that could sell. Man/boy love wouldn’t sell. Call it an “incremental” strategy, if you will.
It is going to be a long, long struggle to re-establish in mainstream Catholic culture an understanding and acceptance of what the Catholic Catechism teaches on homosexual acts - namely, that they are intrinsically disordered, and under no circumstances can be approved, while at the same time men and women who have homosexual tendencies must be accepted with respect, compassion, and sensitivity.
A generation ago the first part of that was not disputed. It might be said that some of the trouble in Boston right now could be traced to successive bishops’ going overboard on the second part, on behalf of one of their priests. After all, priests are in the business of forgiving and healing people. It is understandable that a bishop would err in favor of thinking the best about and being quick to forgive his priests.
The homosexual movement has been very successful at removing the sensitivity and stigma formerly associated with non-heterosexual attractions. The whole sexual liberation movement, hetero as well as homo, has expertly manipulated public opinion for close to half a century. People are so afraid of “judge not, lest ye be judged” that they feel they must tolerate anything. Had these de-sensitizations not been so successful, Fr. Geoghan might not have gotten away with as much as he did for as long as he did.
According to the Boston Globe Online, the rector of O’Connell Seminary made a note in 1954 that John J. Geoghan showed a “very pronounced immaturity.” Nonetheless, in 1962, he was ordained. At his very first assignment, a senior priest complained that young Fr. Geoghan brought boys into his bedroom. It took until 1995 for the abuse that occurred then to be documented, and nobody really knows how much more has taken place since.
Whereas in 1954 it was politically correct for seminary authorities to look hard at a young man’s sexual orientation, fifteen years later it was politically correct to be “open” to “new expressions”. And thirty years later, in many Catholic seminaries and dioceses, it was positively retrograde to disapprove of homosexuality or to acknowledge its ties to pederasty.
It is worth remembering that the 1960’s and 70’s were years of total turbulence in the Roman Catholic Church, with order only gradually becoming visible in the 1980’s and 90’s. Part of the zeitgeist of the 60’s was “don’t trust anybody over 30”. Well, people under 30 hadn’t had much experience with priestly pederasty, thanks to the vigilance of people over 30. But inherited wisdom was out of fashion, and the cautions of older and wiser men were laughed at. Maybe the old ways weren’t perfect - but was the new one? Under which system were more innocent people injured?
The families of those victimized in Boston are probably wishing some things hadn’t gone quite so out of fashion. Some might be wishing that somebody in the Church had been a bit more “repressive” of Fr. Geoghan a lot sooner. Some even might be wishing that the right person in the Archdiocese of Boston had read Fr. Rueda’s book and heeded it.
Connie Marshner is director of the Free Congress Foundation’s Center for Governance.
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MONTPELIER, Vermont -- The Vermont Supreme Court ruled Monday that gay couples must be granted the same benefits and protections given married couples, a decision called the first of its kind in the nation.
The court said the Legislature will determine whether such benefits will come through formal marriage or a system of domestic partnerships.
“We hold that the state is constitutionally required to extend to same-sex couples the common benefits and protections that flow from marriage under Vermont law,” the Vermont court’s decision said.
“Whether this ultimately takes the form of inclusion within the marriage laws themselves or a parallel ‘domestic partnership’ system or some equivalent statutory alternative, rests with the Legislature,” the ruling said.
“Whatever system is chosen, however, must conform with the constitutional imperative to afford all Vermonters the common benefit, protection, and security of the law,” the ruling added.
A controversial issue on the court
All five justices agreed that gay couples should receive the same benefits as granted married couples, but the chief justice’s reasoning divided the court.
The decision, written by Chief Justice Jeffrey Amestoy, acknowledges the controversy swirling around the issue of same-sex marriages.
It is “a question that the court well knows arouses deeply felt religious, moral, and political beliefs,” the justices said in their decision.
But three of the justices joined a concurring opinion written by Justice John Dooley that challenged the reasoning behind Amestoy’s decision.
And Justice Denise Johnson wrote a separate opinion saying the court had not gone far enough. She said the court recognizes that gays are entitled to certain rights and “yet declines to give them any relief other than an exhortation to the Legislature to deal with the problem.”
Johnson said she would require town clerks to issue marriage licenses to same-sex couples.
Monday’s ruling cannot be appealed to the U.S. Supreme Court since the Vermont court based its decision on the state constitution. The Vermont Supreme Court is the state’s only appeals court.
Attorney: We ‘can’t be denied full range of protections’
Advocates of same-sex marriage had high hopes for the Vermont case because the state is considered a leader in laws protecting gay rights. Vermont has passed laws prohibiting discrimination against gays in employment, housing, and public accommodations and a law that punishes hate crimes against homosexuals.
Jennifer Levi, a lawyer at Gay & Lesbian Advocates and Defenders in Boston who worked as co-counsel on the Vermont case, said that “what the court seems to be saying is that our families can’t be denied the full range of protections that come along with civil marriage.”
Jay Sekulow, chief counsel for the American Center for Law and Justice, which filed arguments opposing gay marriage, said the court “left open the possibility that we will see a marriage statute in Vermont that will impact this kind of arrangement or this kind of relationship.”
“This is the first appellate court that has said there is a state constitutional right for same-sex marriage,” he said.
Vermont Gov. Howard Dean has declined to state a position on same-sex marriages, saying that he was awaiting the decision of the court.
But the lieutenant governor, Douglas Racine, and the speaker of the Vermont House, Michael Obuchowski, have said they favor same-sex marriages.
‘97 filing spurred decision
The ruling stems from a suit filed in July 1997 by three couples -- one of gay men and two of lesbians -- after they were denied marriage licenses by their local town clerks. The clerks acted on the advice of the state attorney general, who relied on a 1975 opinion by a predecessor calling same-sex marriages unconstitutional.
The three couples filed suit in Chittenden County Superior Court, but a judge rejected their claims. The couples then appealed to the state Supreme Court, which heard arguments in the case 13 months ago.
The couples argued that their inability to get married denied them more than 300 benefits at the state level and more than 1,000 at the federal level.
The court acknowledged that the benefits included “access to a spouse’s medical, life, and disability insurance, hospital visitation and other medical decision making privileges, spousal support, intestate succession, homestead protections, and many other statutory protections.”
Same-sex union issue was on the table in Hawaii
Hawaii once had been considered the most likely state to legalize same-sex unions.
In 1993, Hawaii’s Supreme Court ruled that the state’s failure to recognize gay marriages amounted to gender discrimination.
The ruling set off pre-emptive legislating around the nation. Lawmakers feared that gay couples would fly to Hawaii to get married and that the 49 other states would then have to recognize those marriages.
At least 30 states banned gay marriages, and Congress passed the Defense of Marriage Act, which denied federal recognition of homosexual marriage and allowed states to ignore same-sex unions licensed elsewhere.
Earlier this month, Hawaii’s Supreme Court slammed the door on gay marriages in that state. The high court said the issue was resolved by a 1998 amendment to the state constitution against gay marriages.
Vermont was the only other state whose top court was considering the issue, and Monday’s ruling had been anxiously awaited by both sides in the highly charged debate over same sex marriages.
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SAN FRANCISCO (Reuters) - California voters Tuesday passed a measure that said only marriages between men and women would be recognized in their state, a step that gay activists slammed as an assault on human rights.
Exit polls showed a 58 to 42 percent victory for supporters of “Prop. 22” who maintained that it preserved the traditional family. The proposition amends the state’s Family Code to say that “only marriage between a man and a woman is valid or recognized in California.”
The ballot measure sparked one of the bitterest fights of the campaign in California, which became the latest of some 30 states to explicitly ban same-sex marriage.
Known as the “Knight Initiative” after its sponsor, Republican state Sen. Pete Knight, Prop. 22 was cast as an effort to protect California from court moves in other states -- notably Vermont -- which could lead to legally recognized same-sex unions.
Supporters, which included Catholic and Mormon groups, Republican leaders and some Hispanic organizations, took pains to avoid explicitly anti-gay rhetoric, saying instead that they were simply seeking to ensure the survival of the traditional family.
“If you define marriage as being between two men, you really have to take the next step and define it as being whatever people want it to be,” said Brian Kennedy, a political analyst at the conservative Claremont Institute.
“If you say to the polygamist you cannot have two wives and two husbands, they’ll say based on what?”
But gay activists and other opponents said the measure was really an attempt to promote anti-gay discrimination, arguing that defining gay relationships as second class by law would promote fear and violence toward gay people.
With gay marriage already ruled out under the 1996 Federal Defense of Marriage Act, there was no need to do the same thing under California state law, they said.
“Anti-gay violence does not happen in a vacuum. It happens in a climate of fear, ignorance and intolerance -- the very climate the Knight Initiative fosters,” Judy Shepard, whose gay son Matthew was beaten to death on Wyoming in 1998, said in a statement condemning the measure.
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SURREY, B.C. - A court has ruled that a B.C. school board can ban books for young people featuring same-sex couples.
Gay and lesbian groups took the Surrey school board to court over the school’s decision to remove three books featuring same-sex couples from the primary school curriculum.
They argued it could lead to discrimination against them. But lawyers for the school said the texts were inappropriate for children aged five and six.
A lower court had ruled that the board acted improperly.
But the ban was reinstated today by the B.C. Court of Appeal.
The school board has spent an estimated $800,000 over the last three years to keep the ban in place.
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OTTAWA -- The Justice Department is advancing the argument that gays and lesbians do not meet the “core opposite-sex requirements” of marriage that are based on procreation and raising children.
The assertion is contained in a written legal submission that Justice lawyers have filed in the Ontario Court of Appeal in a challenge to same-sex marriage.
This is the first time the government has made public the argument it will use in seeking to appeal a July court ruling that stated banning gay and lesbian marriage violates the equality rights guarantees of the Charter of Rights and Freedoms.
The court gave the federal government two years to change its marriage laws.
Martin Cauchon, the Justice Minister, has said the government is seeking leave to appeal the Ontario court ruling to keep its options open while he decides what to do.
In its brief, the government says allowing gays and lesbians to wed violates longheld societal views that are rooted in religion, history and anthropology.
“This understanding of marriage views the institution as a special kind of monogamous opposite-sex union with spiritual, social, economic and contractual dimensions,” lawyer Roslyn Levine writes.
“Historically and across major religions and cultures worldwide, the purpose of marriage has been the uniting of the two opposite sexes for the purpose of procreation, the raising of children from the marriage and companionship.”
The government says the Ontario Divisional Court made a legal error in its ruling. Denying marriage to gays and lesbians is nothing personal, the written submission says. Rather, they do not qualify because of the “fundamental objective” of marriage.
“The fact that same-sex couples do not come within the current meaning of marriage ... relates to the fact that their unique relationship does not meet the core, opposite-sex requirement of marriage.”
The Justice Department’s court challenge against same-sex marriage coincides with public consultations that will begin this month. Canadians will be asked their views and an all-party justice committee of the House of Commons will hold public hearings.
The Liberal Cabinet is divided on the issue, as several senior ministers have publicly stated they support same-sex marriage.
The Ontario Court of Appeal has not yet ruled on whether it will hear the case. The government argues the court should take on the issue because of its “profound importance.”
In the coming discussion paper, Canadians will be asked their opinions on several possibilities, including whether the government should get out of the marriage business and leave it to churches.
Such a move could dovetail with the establishment of a civil registry system that would give all couples, including gays and lesbians, the option of registering with the state. Such a system already exists in Nova Scotia and Quebec.
The two other choices that will be presented to the public are embracing gay and lesbian marriage or rejecting it outright and continuing to fight it as far as the Supreme Court of Canada.
The government says in its court submission it is seeking legal clarity because the ruling conflicts with another decision from the same court in 1993 and a 2001 judgment by the British Columbia Supreme Court.
The government’s submission is dated Aug. 30, just a week before the Quebec Superior Court handed down a ruling in favour of same-sex marriage.
Public opinion surveys indicate Canadians are almost evenly divided on whether gays and lesbians should be allowed to wed.
Cauchon says the government has already shown its commitment to same-sex equality by amending 68 federal statutes two years ago to include gays and lesbians in everything from pension benefits to income tax laws.
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NEW YORK — The University of Maryland is coming under fire for handing out a book that critics say forces pro-homosexual propaganda on its students.
The controversy involves the college’s decision to buy 10,000 copies of The Laramie Project , and hand them out to freshmen living on campus. The play looks at how the community of Laramie, Wyo., reacted to the case of Matthew Shepard, a gay teenager who was beaten by a group of boys, tied to a fencepost and left for dead.
Shepard died in the hospital a few days after being found.
Though all incoming freshmen at the College Park campus will be given a copy, only some introductory courses will actually require it. And critics don’t think that’s appropriate.