GLBT Issues

Decision Day: DOMA and Prop-8 Fall

Defense of Marriage Act is Unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment..

Link to the decision: UNITED STATES v. WINDSOR, EXECUTOR OF THE
ESTATE OF SPYER, ET AL.

From SCOTUSblog:

So does this mean that I’ll be able to file joint taxes with my wife? From Amy: Yes. Perhaps for the first time ever, many people will be eager to file their taxes next April 15.

And Prop 8 fails, too!

Link to the decision: HOLLINGSWORTH ET AL. v. PERRY ET AL.

From SCOTUSblog:

Here’s a Plain English take on Hollingsworth v. Perry, the challenge to the constitutionality of California’s Proposition 8, which bans same-sex marriage: After the two same-sex couples filed their challenge to Proposition 8 in federal court in California, the California government officials who would normally have defended the law in court, declined to do so. So the proponents of Proposition 8 stepped in to defend the law, and the California Supreme Court (in response to a request by the lower court) ruled that they could do so under state law. But today the Supreme Court held that the proponents do not have the legal right to defend the law in court. As a result, it held, the decision by the U.S. Court of Appeals for the Ninth Circuit, the intermediate appellate court, has no legal force, and it sent the case back to that court with instructions for it to dismiss the case.

And a good analysis of what the end of DOMA means for married gay couples:

The Supreme Court’s decision to invalidate the Defense of Marriage Act means that gay married couples will have access to the federal benefits now enjoyed by other marrieds.

These benefits include tax breaks, Social Security benefits and estate planning advantages that until now were denied gay couples, even if their marriages were recognized under state law.

Among other things, gay marrieds will now be able to:

  • claim Social Security benefits based on a spouse’s working record and qualify for survivor benefits.
    fund an IRA or Roth IRA for a nonworking spouse.
  • split a retirement fund or other assets without triggering tax bills if they divorce.
  • exempt health care benefits for a spouse from their federal income.
  • bequeath their estate to a spouse without triggering potential federal estate taxes.

These gains may come with a cost: as NerdWallet puts it, “federal income tax brackets are in fact easier on high-income individuals than they are on most high-income married couples.” NerdWallet figured that same-sex couples earning more than $146,000 may see their tax bill go up by over $1,000.
One of my gay friends, a financial planner, just posted to her Facebook page that her taxes are likely to go up by several thousand dollars. But she was happy, as she put it, to “take one for the team.”

The Supremes
Thanks, Supremes!

Continue ReadingDecision Day: DOMA and Prop-8 Fall

ACLU takes Indiana BMV back to court over IYG Plates

The American Civil Liberties Union announced today that it is take the Indiana Bureau of Motor Vehicles back to court over their refusal to begin re-issuing new IYG license plates.

Here is the press release by the ACLU about this recent action: IYG v. BMV 6-19-2013 [PDF]

Text of the release:

Indiana Youth Group Fights Back

BMV’s involvement in its own review “violates due process and is unconstitutional” says ACLU of Indiana

Indianapolis –The American Civil Liberties Union of Indiana today on behalf of the Indiana Youth Group filed a lawsuit challenging the authority of the Indiana Bureau of Motor Vehicles to issue an Order of Remand on its Administrative Law Judge’s order to restore IYG’s specialty license plate. The ACLU of Indiana seeks to void the order and ensure that proceedings are performed by a “neutral and impartial” decision maker.

“The BMV commissioner acting as the appellate and final authority over a decision that he, in effect, issued, violates the right to have an impartial decision maker in administrative adjudications and therefore violates the fundamental principle of due process guaranteed by the Fourteenth Amendment,” said Ken Falk, ACLU of Indiana Legal Director.

On Friday, June 14, BMV commissioner R. Scott Waddell issued an Order of Remand effectively reversing the decision of the Administrative Law Judge, who had ruled in May that the State violated the IYG’s specialty license plate contract when it issued a suspension of the plate last year without giving the nonprofit the required notice and a chance to correct any issues. The AL J also found that IYG’s actions did not constitute a sale of low-digit specialty plates, as 20 Indiana State Senators had claimed in March of 2012. These state senators asked the BMV to terminate IYG’s contract after they had been ineffective in passing legislation to that effect.

ACLU of Indiana Executive Director Jane Henegar said, “IYG does admirable work providing guidance to young people. IYG wants what has been denied at every turn in its quest to obtain a specialty license plate in support of its work: fair treatment by our government. The ACLU of Indiana hopes to help put an end to an unnecessarily lengthy and contentious process that has done nothing but stand in the way of real help for children in need.”

Mary Byrne, IYG executive director, said she feels as though the BMV “is just being vindictive.”

“There was nothing ambiguous in the administrative law judge’s ruling,” said Byrne. “The BMV had a chance to present its side at the administrative hearing, and they lost. The BMV simply does not want IYG to get its plate back, ever.”

Indiana Youth Group, Inc. v. R. Scott Waddell, Case no. 1:13-cv-00981-JMS-MJD, was filed June 19 in the U.S. District Court Southern District of Indiana, Indianapolis Division.

Related articles that account the ongoing saga:

IYG versus BMV-6-19-2013

Continue ReadingACLU takes Indiana BMV back to court over IYG Plates

BMV seeks ‘clarity’ on Indiana Youth Group license plates

Despite the fact that a recent judge’s ruling determined that the state improperly revoked IYG’s specialty license plate, the Indiana Bureau of Motor Vehicles is asking for ‘clarity’ on the issue, before resuming sales of the specialty plate that both benefits the Indiana Youth Group and earns the State additional tax revenue.

Indiana Youth Group License Plate

I’ve written about this issue before: homophobes in Indiana’s State Legislature have attacked the IYG plates using a two-pronged approach: 1) through state legislation designed to re-write the specialty plate program to exclude the gay youth advocacy organization, and 2) directly by ordering the BMV to stop issuing plates. The BMV complied with the order from legislators by finding a technicality in their own unclear instructions for distributing plates and claiming that IYG violated that rule. Unfortunately other non-profit organizations were caught in the State Legislature’s homophobic cross-fire and had their plates revoked due to the same technicality. Fortunately saner heads in the judicial system prevailed and the BMV were ordered to recind their block on the specialty plates.

It’s fascinating(ly ironic) that the BMV is asking for ‘clarity” given that they have been trying to obscure application information and obstruct IYG’s application for a specialty plate since they first applied for plates in 2009. After being turned down for unclear reasons TWICE, IYG finally sued to get the rules to be made clear for applications with the help of the ACLU in 2010.

After they successfully got a clear understanding of the rules and proved that they met them, they were issued plates – only to have the Indiana State Legislature locate a technicality to get their plates revoked, again through unclear language in the rules about distributing plates.

Where do thing stand now? It’s unclear:

“This does not shut the door at all on IYG getting their plates back,” BMV spokesman Josh Gillespie said. “We’re just looking at some further clarity on some issues that we felt were a little ambiguous.”

Nice that the BMV wants clarity. (Now) To bad they weren’t helpful with that over that for the last 4+ years of this process. But when your homophobic agenda depends on being unclear, it’s not surprising. Presumably those of us who purchased and were issued IYG plates can continue to renew them, but they aren’t resuming new sales right now, until they have clarity.

What could happen in the future:

Even given this judicial ruling, and if the “clarity” happens through the judicial system, the homophobes from the Indiana State Legislature have left themselves a back-door way to eliminate the plate in the future in the form of legislation they passed in the 2013 legislative season.

The Indiana state legislature passed House Bill 1279 in 2013 which states (in digest):

Special group, disabled Hoosier veteran, and National Guard license plates. Creates the special group recognition license plate committee consisting of eight members of the general assembly, and specifies that the primary purpose of the committee is to make recommendations to the bureau of motor vehicles (bureau) regarding special group recognition license plates (plate). Specifies the criteria to be met by a special group for the issuance of a plate. Specifies procedures for continued participation in the special group recognition license plate program by a special group, including sales and renewal requirements. Provides that a person who is an active member of the Army or Air National Guard may apply for and receive one or more National Guard license plates. (Current law requires that the person must be an active member of the Indiana Army or Air National Guard.) Requires the bureau to design a National Guard license plate. Removes the restriction that not more than two disabled Hoosier veteran license plates may be issued to one person. Makes conforming amendments.

Emphasis is mine, and yeah, that language I highlighted is pretty telling – they’ve set up a committee for rubber-stamping specialty group plates, and some criteria that they can manipulate in the future to exclude IYG and potentially other groups they don’t agree with. So even if the judge ‘clarifies’ the rules, the Indiana State Legislature can change the rules in the future on a whim.

Here is hoping that the homophobes will be too embarrassed by their bigoted, bullying behavior targeting teenagers to continue down this path in the future.

Continue ReadingBMV seeks ‘clarity’ on Indiana Youth Group license plates

The 25th Annual Circle City Pride Celebration, June 8th

The Circle City Pride Celebration is a week of events, culminating in the Pride Parade and Festival on Saturday, June 8th. Visit their site for a list of the events; there’s lots to do this year throughout the week. But definitely the highlights are the parade and festival on Saturday.

The Cadillac Barbie Pride Parade kicks off at 10 am on Massachusetts Avenue and winds through downtown to the festival site at the American Legion Mall. There are over 100 groups marching in the parade and thousands of spectators. Come early to get a good spot – people begin assembling for the parade at 8:30 am. (I’ll be marching with city-county council member Zach Adamson’s group this year).

Indy Pride

The Circle City Pride Festival gates open at 11 a.m on Michigan street. The festival stretches 3 city blocks, and hosts over 300 vendors and dozens of different entertainers during the course of the day.

Indy Pride

Over the 25 years that this event has been going on, the Pride Celebration has been transformed from a small community event to a diverse state-wide gathering of thousands of people from all walks of life. Today the parade and festival have an estimated attendance of 80,000 people, with events going on all week long. The Indianapolis Star as a nice article about the 25 year history of the pride celebration that’s very worth reading. I was one of the attendees at the first pride celebration on the circle in 1988. I drove down with friends from Ball State to set up a booth for Ball State’s LGBT Student Association, now called “Spectrum.” It was held on the Circle the first few years, attended by several hundred people and lots of protestors.

I think the Pride organizers have done a fantastic job of growing the festival, and of making the event worthy of a city the size of Indianapolis. I’ve been a part of organizing events like this in the past – it isn’t easy and there are lots of details to chase down. I have a lot of respect for what the organization has been able to build over the years. I’m excited for this year’s event; it promises to be bigger and better than years past.

Continue ReadingThe 25th Annual Circle City Pride Celebration, June 8th

Anti-Gay Churches will not have booths at Pride this year

Circle City Pride - 25 years

After meeting with concerned LGBT citizens and with the two churches who had purchased vendor booths for the 25th Circle City Pride Festival this year, the organizers of Indy Pride have decided to return their booth fees and decline their attendance at the festival.

I’m very glad that this has been worked out, and that these two churches will no longer have a platform at the Indy Pride celebration to promote a “convert or go to hell” religious agenda. That was my main concern in writing about this issue. So often when LGBT people come out of the closet, they lose their spiritual anchor at the same time because their church doesn’t support who they really are. For those folks who might seek out other religious organizations to be a part of, they should have a reasonable expectation that churches with booths at the Pride celebration would be nurturing and supportive of them as LGBT people. And most of them do fit that criteria – but these two organizations skated under the radar, unfortunately.

According to a facebook post from the Indy Pride organizers:

Yesterday, members of the Indy Pride, Inc. Board of Directors along with a former Board Member, met with representatives of Castleview Baptist Church and A.C.T for the Gospel, Inc. along with concerned citizens who have raised questions about the participation of these organizations as vendors at the Circle City IN Pride Festival.

It was a very cordial discussion where the remonstrators were able to present their issues, and then both organizations were able to respond. It was then followed by a wide ranging discussion that was very insightful and reached beyond the narrow focus of the meeting, and in the end, everyone involved was grateful to be able to have the opportunity to sit down and discuss this matter at length.

After careful consideration and the exercise of due diligence in making our decision, the Board of Directors of Indy Pride, Inc. has decided it is in the best interest of the patrons of our Festival, the vendors themselves, and the Board to terminate the registration of these two vendors.

This decision is not one we have made lightly. Our mission is one to both honor the history of and celebrate the diversity in the LGBTQ community, so that we can create unity between members of our community and beyond. This sometimes means we allow in voices that may not be in agreement with our own. However, in the end, we made a decision based on the safety of everyone involved, and we are making steps to formalize a process to handle these matters in the future.

Nicholas A. Murphy,
President,
Indy Pride, Inc.

I’m a little concerned that some board members are framing their decision as a public safety issue, rather than as a decision based on the incompatibility of these two churches with the fundamental meaning and goals of the Pride celebration. There was an implication that threats of violence were coming from people inside the LGBT community, which is disappointing, to say the least. I hope that if there were overt threats that they’ve been passed along to the police department to deal with.

I also hope that festival organizers will consider putting in place the suggestion of a “core beliefs” document that vendors would have to sign with their booth application, so that groups that have an agenda harmful to the LGBT aren’t able to get booth space in the future.

Continue ReadingAnti-Gay Churches will not have booths at Pride this year

Anti-gay churches have booths at Indianapolis Gay Pride event

2013-05-29 UPDATE: According to a facebook note from the Indy Pride Organizers, These two churches will no longer have booths at this year’s Pride celebration.

Last year and for the past few years apparently, there have been two churches from Indianapolis — Castleview Baptist Church and A.C.T. For The Gospel — who have had booths at the Indianapolis Pride Celebration and who have marched in the Pride Parade, with the purpose of trying to convert LGBT people from the “sin” of homosexuality. Unlike many churches in Indianapolis who are affirmative and supporting of gay and lesbian people, these two churches have a secret agenda for appearing at Pride: telling LGBT people they are sinners. These same two churches have reserved booth space at this year’s Pride Festival as well.

The issue was recently brought to the attention of the gay and lesbian community by Rev. Marie Siroky, a minister in the United Church of Christ and leader of Interfaith Coalition on Nondiscrimination (ICON), a multi-faith organization of faith communities and leaders advocating for LGBT equality and justice in Indiana. Siroky raised the issue on the facebook page for the group Indiana Equality, where she shared some examples of the two churches problematic beliefs.

A.C.T. For the Gospel’s blog post on “converting” gay and lesbian people:

June 9th, 2012 we had a booth for the second year at the Indy Pride Festival. We had great conversations with several people. We focused on heart issues rather than singling out any specific sin. Our goal was not to win arguments, but to win souls for the kingdom. That does not mean that we affirmed any sin, but we lovingly addressed what we all have in common (our need for a savior).

We had a button this year that helped start conversations. You can click here to see the art work. We addressed the heart issue of pride and our need to humble ourselves before the almighty God. There were at least four people that prayed to be born again, confessing Jesus as their Lord and asking Him for victory over their sin. {emphasis added}

There were many other great conversations. Our Lord was lifted up.

Click here for a short video on how and why we developed the button.

ACT Church's Anti-Gay Button
Note the fine print – “Pride goes before destruction”

The video referenced in the blog post quoted above is this one – on it you can see why this organization isn’t friendly to LGBT people.

Eric Bancroft, senior pastor at Castleview Baptist Church in Indianapolis, also has a problematic paper trail on the internet that illustrates why this church shouldn’t be marching in Gay Pride Parades or having outreach booths at our Festival. Bancroft participated in a Prop 8 panel discussion at Southern Baptist Thelogical Seminary called Marriage in a Post Prop. 8 Culture and shared some thoughts on gay marriage that are very disturbing to say the least. There isn’t a transcript and I wasn’t able to embed the video, but you can view it at the link. I’ll watch the whole thing in the morning and transcribe Bancroft’s remarks and add them here. The video is 48 minutes long, so be prepared for a long and painful slog as you watch it. Wear some teflon.

I can see how these problematic churches would slip by Pride Organizers. They probably don’t have time to vet every single booth, especially groups like these two who are being fairly subtle about their anti-gay messages to the public, but open about it to their own church members. It’s interesting that in A.C.T.’s blog post they mention having been at Indy Pride two years previously, though. At some point no one brought this anti-gay group to anyone’s attention?

Update: apparently, this was brought to the attention of Pride organizers last year, according to a post by Marie Siroky on ICON’s web site. But organizers took their money and accepted their application again this year, knowing who they were. I have a real concern, given that ACT has claimed that they have four converts to their preaching last year.

From what is being discussed on the Indiana Equality page, Pride organizers have told members of the LGBT community that they are planning to have vendors sign a Core Beliefs document next year when they apply for booth space, along with a method for lodging complaints, but the two churches will still have booths in place for this year’s pride festival.

Where these two churches are on the festival map, in case you want to check out their booths. What I’m going to do – recruit a camera person (my wife) and visit the booth, introduce myself, and ask them some questions about what their outreach to LBGT people is about. I want to specifically ask “Do you believe homosexuality is a sin?” and get a filmed response. I’m good at parsing what people are saying vs. what they really mean, and teasing out ambiguity, so I think I can get them to say the truth on camera. Which I will promptly post on my blog, of course.

Other people are suggesting “Angel Protests” where folks dress in angel costumes and shield the booths from view. That’s an interesting idea, but not one I really know how to organize.

Circle City Pride festival map

A.C.T. for the Gospel is at booth #52, along the side of Meridian Street, just south of the beverage tent. Castle View is at booth #116 on the same site of the event site, but far south, just near the festival security operations booth.

Pride Map 2013

Continue ReadingAnti-gay churches have booths at Indianapolis Gay Pride event

IYG and the homophobic Indiana State Legislature

Indiana Youth Group is a social advocacy group for lesbian, gay, bisexual and transgendered youth that has been around since 1987. They provide lots of important services to help young LGBT people in Indiana, including counseling and social services for at risk youth, advocacy on their behalf in schools, and health education. IYG has been a big part of the lives of several generations of LGBT folks. I was a part of IYG when I was young, as was Zach Adamson, our esteemed city-county council member, business owner and the first openly gay men to be elected to public office in Indiana.

IYG’s executive director is Mary Byrne, a pillar of the LBGT community for decades. She was the producer of the National Women’s Music Festival for years, and also owned Outword Bound, the LBGT bookstore where Stephanie and I met. Mary was also my landlady for five years, which is why I have personal reason to know IYG is in strong, safe, competent hands. The organization has done good work in Indiana for decades, and like other youth advocacy non-profit organizations, they seek out important sources of fundraising from the community.

A few years ago, IYG applied for the Indiana Bureau of Motor Vehicles Specialty Plates program. This program is a win-win for the state of Indiana and for non-profit organizations. They produce specialty plates at a low cost, and members of the non-profit and their communities can promote the plates and receive part of the revenue, with the rest of the profit benefiting Indiana. Specialty plates have become an important part of fundraising for non-profit organizations, and an important revenue source for Indiana as well.

IYG Plates

IYG had to fight to get accepted into the program – they were initially denied entrance into the program by arbitrary changes in the requirements and a lack of transparency about what the requirements were, and IYG had to go to court to get accepted. It became clear during the legal fight that the BMV’s lack of transparency and arbitrary rule changes were based on homophobia. IYG’s acceptance into the program ended up making national headlines.

Unfortunately, IYG’s new specialty plate didn’t sit well with homophobic people in Indiana, and especially not with homophobic members of the the Indiana State Legislature, who immediately began seeking ways to prevent plates from being issued beyond the first year, and began drafting legislation to alter the way that specialty plates were issued, hoping exclude IYG in future years. Homophobes eventually struck gold, canceling IYG’s ability to issue plates based on another lack of transparency in the rules – organizations were not allowed to issue number plates to organization members who had given them support; something that is a regular practice among non-profits. In addition to canceling IYG’s plates, two other organizations, The Indiana Greenways Foundation and the Indiana 4-H Foundation also had their plates canceled for the same reason. Both organizations believe they were just caught in the homophobic crossfire. Karen Bohn, head of the Greenways Foundation, said she believed the real target was the gay youth group. “I think we were just collateral damage,” she said. “Unfortunately it doesn’t seem very fair.”

All three organizations were in negotiations with the BMV to have their plates reinstated when this past week, those negotiations were abruptly canceled by the BMV, who cited the state legislature’s new licensing commission, run by the state legislature, who will be the final approval for specialty plates. Under the new commission rules, Greenways and 4-H will probably get their specialty plates back, but even state legislatures admit that IYG will be denied due to homophobia:

“It depends on the committee makeup,” [Valparaiso Republican Rep. Ed] Soliday said. “I’d be disingenuous if I didn’t say there are some legislators who are very, very anti-IYG. I tried to separate the legislation from IYG for two years, and there were other folks who constantly wanted to drag it back in.”

Continue ReadingIYG and the homophobic Indiana State Legislature

Week 1: What is gender? Theories and views

Gender Through Comic Books Online Course at Canvas.net.

The Course Syllabus

Class hasn’t started, but I can already tell by the reading materials that I’m going to be FIRED UP about some of this week’s subject, because I’ve written about it before! The readings from Lorber are definitely a feminist take on gender, but it’s a take from the mid-90’s before the great feminism vs. transgender wars started. I believe the trans folks have successfully proven their arguments in that war by now, so some of the ideas in Lorber’s writing need to be adjusted to be less “all gender is a social construct” and more “many parts of gender are a social construct.” Science, people. It can stop wars.

If Ruth Hubbard’s ‘The Social Construction of Sexuality’ is actually intended to be a course subject and isn’t just tacked on the end of the other paper, things get really interesting. Hubbard is laying the groundwork for the sexual fluidity argument, and the course selections from Strangers In Paradise seem to carry that subject on. I sure hope that Afterellen’s Senior Editor Heather Hogan is taking this class, too. It would be really fun to fight the sexual fluidity war with her in an actual academic setting.

I understand some feminists’ desire for “all gender is a social construction” to be true – it certainly makes it easier to break down arguments of one gender having greater social value than the other. But it’s too simplistic and really leaves out the experiences and soul-searching that trans folks go through in arriving at an understanding of themselves. The same is true for the “all sexuality is a social construct” argument – it undercuts the experience of both Kinsey 6 gay people and Kinsey 0 heterosexuals.

Strangers in Paradise

Week 1 Reading Assignments:

Comic Book reading assignments
Strangers in Paradise 1-3 (Vol. 1), Strangers in Paradise 1-9 (Vol. 2), and Rachel Rising #1

Course Additional reading
Article: “Night to His Day”: The Social Construction of Gender by Lorber

(Note that this PDF also has The Social Construction of Sexuality by Ruth Hubbard included.)

My Additional Reading

Male-to-Female Transsexuals Have Female Neuron Numbers in a Limbic Nucleus
“The present findings of somatostatin neuronal sex differences in the BSTc and its sex reversal in the transsexual brain clearly support the paradigm that in transsexuals sexual differentiation of the brain and genitals may go into opposite directions and point to a neurobiological basis of gender identity disorder.”

Transsexual differences caught on brain scan – 26 January 2011 – New Scientist

Reader Response to “Night to His Day” by Judith Lorber | hannahcylkowski

See also, my own post on Sexual Fluidity: Sexual fluidity, Skins US, and labels! labels! labels!.

Continue ReadingWeek 1: What is gender? Theories and views