Thoughts on Life, Love, Politics, Hypocrisy and Coming Out in Mid-Life
Saturday, April 03, 2010
The Claim That Most Abusive Priests are Gay is "Unwarranted"
I have mentioned William Donohue previously and once again he is showing himself to be a total ass and liar. Donohue is again blaming the Catholic Church;s sexual abuse scandal that has swept across Europe, the USA, Australia and elsewhere on TEH Gays. Obviously, this excuse is easier for Kool-Aid drinking loons like Donohue rather than admit that the bishops, cardinals and Popes whose asses Donohue has so happily kissed over the years are morally bankrupt monsters who ought to be behind bars as accessories to crimes against children and youths. Sadly, Donohue is no more honest that the enablers of child abuse that he mindlessly worships. It is also interesting to observe how Donohue and those like him hold the corrupt Church hierarchy in an idolatrous awe. As Media Matters is reporting, Donohue's effort to blame the sex abuse scandal on gays is unfounded and at least one expert is calling him out on his lies. Here are some highlights:
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One of the researchers responsible for a landmark statistical study of sexual abuse in the Catholic Church says that Catholic League president William Donohue "drew an unwarranted conclusion" from her work when he claimed that "most" of the clergy who committed the abuse have been "gay."
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Explaining that it is an oversimplification to assume to that priests who abuse male victims are gay, Smith said: "The majority of the abusive acts were homosexual in nature. That participation in homosexual acts is not the same as sexual identity as a gay man."
As an example, Smith pointed to the case of Marcial Maciel Degollado, a prominent Mexican priest who allegedly abused male children and also allegedly carried on affairs with multiple women. Smith noted that while Maciel allegedly abused boys, most people would not think of him as a gay man.
In a November 18, 2009, Politics Daily column about Smith's research, David Gibson reported: "What we are suggesting is that the idea of sexual identity be separated from the problem of sexual abuse," said Margaret Smith, a researcher from the John Jay College of Criminal Justice in New York, which is conducting an independent study of sexual abuse in the priesthood from 1950 up to 2002. "At this point, we do not find a connection between homosexual identity and an increased likelihood of sexual abuse."
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[F]actors such as greater access to boys is one reason for the skewed ratio. Smith also raised the analogy of prison populations where homosexual behavior is common even though the prisoners are not necessarily homosexuals, or cultures where men are rigidly segregated from women until adulthood, and homosexual activity is accepted and then ceases after marriage.
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"The empirical research does not show that gay or bisexual men are any more likely than heterosexual men to molest children. This is not to argue that homosexual and bisexual men never molest children. But there is no scientific basis for asserting that they are more likely than heterosexual men to do so."
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I continue to believe that the ease of access to boys by priests and the warped psycho-sexual development of many priest who entered seminary schools and high schools without ever experiencing normal sexuality of any kind are the real driving factors behind the problem in the Church.
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On a different note, one positive benefit of the latest round of sexual abuse revelations is that it may torpedo the effort to canonize the less than saintly John Paul II who worked to tak e the Church back to a 13th century mindset. Voice of America looks at this issue that involves increasing evidence that John Paul II protected sexual predators - often for many years. Here are some highlights:
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Five years ago Catholics around the world were mourning the death of Pope John Paul II, who headed the church for 27 years. Now questions have arisen over his record combating pedophile priests and it appears his fast track to sainthood may be slowing down.
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There is more than one reason for this. . . . . The other reasons have do with the child sex abuse scandal by priests currently engulfing the Catholic Church. Pope John Paul II's record in combating pedophile priests is being questioned and a battle has erupted in the Vatican over how he should be remembered. New shadows on Pope John Paul II's image have been cast as revelations about new cases of child sex abuse by priests during his papacy emerge. Victims say he had to be aware and should have done more to stop what was happening.
*
One of the researchers responsible for a landmark statistical study of sexual abuse in the Catholic Church says that Catholic League president William Donohue "drew an unwarranted conclusion" from her work when he claimed that "most" of the clergy who committed the abuse have been "gay."
*
Explaining that it is an oversimplification to assume to that priests who abuse male victims are gay, Smith said: "The majority of the abusive acts were homosexual in nature. That participation in homosexual acts is not the same as sexual identity as a gay man."
As an example, Smith pointed to the case of Marcial Maciel Degollado, a prominent Mexican priest who allegedly abused male children and also allegedly carried on affairs with multiple women. Smith noted that while Maciel allegedly abused boys, most people would not think of him as a gay man.
In a November 18, 2009, Politics Daily column about Smith's research, David Gibson reported: "What we are suggesting is that the idea of sexual identity be separated from the problem of sexual abuse," said Margaret Smith, a researcher from the John Jay College of Criminal Justice in New York, which is conducting an independent study of sexual abuse in the priesthood from 1950 up to 2002. "At this point, we do not find a connection between homosexual identity and an increased likelihood of sexual abuse."
*
[F]actors such as greater access to boys is one reason for the skewed ratio. Smith also raised the analogy of prison populations where homosexual behavior is common even though the prisoners are not necessarily homosexuals, or cultures where men are rigidly segregated from women until adulthood, and homosexual activity is accepted and then ceases after marriage.
*
"The empirical research does not show that gay or bisexual men are any more likely than heterosexual men to molest children. This is not to argue that homosexual and bisexual men never molest children. But there is no scientific basis for asserting that they are more likely than heterosexual men to do so."
*
I continue to believe that the ease of access to boys by priests and the warped psycho-sexual development of many priest who entered seminary schools and high schools without ever experiencing normal sexuality of any kind are the real driving factors behind the problem in the Church.
*
On a different note, one positive benefit of the latest round of sexual abuse revelations is that it may torpedo the effort to canonize the less than saintly John Paul II who worked to tak e the Church back to a 13th century mindset. Voice of America looks at this issue that involves increasing evidence that John Paul II protected sexual predators - often for many years. Here are some highlights:
*
Five years ago Catholics around the world were mourning the death of Pope John Paul II, who headed the church for 27 years. Now questions have arisen over his record combating pedophile priests and it appears his fast track to sainthood may be slowing down.
*
There is more than one reason for this. . . . . The other reasons have do with the child sex abuse scandal by priests currently engulfing the Catholic Church. Pope John Paul II's record in combating pedophile priests is being questioned and a battle has erupted in the Vatican over how he should be remembered. New shadows on Pope John Paul II's image have been cast as revelations about new cases of child sex abuse by priests during his papacy emerge. Victims say he had to be aware and should have done more to stop what was happening.
Gays Fleeing Iran
In a development that no doubt Ken Cuccinelli would like to see Virginia gays emulate, increasingly gay Iranians are fleeing that nation for more accepting nations and often living as refugees in the interim. The madness of the mullahs and their obsessions with persecuting gays certainly make it understandable why one would seek to leave that nation. Things were bad enough prior to the protests following the stolen election last year, but since some gays involved themselves with the opposition protests, remaining in Iran has taken on added danger. The Washington Post has a story that looks at the gay flight from Iran. One can only hope it will not give Cuccinelli ideas about how he can make Virginia even more hostile for its gay citizens. Here are story highlights:
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Freedom is relative. But for Hassan, mother hen to a gaggle of gay Iranians fleeing a nation where their sexuality is punishable by death, relatively secular Turkey is one step closer to a life less shackled.
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He is one of more than 300 gays who have fled Iran since the rise of President Mahmoud Ahmadinejad, who infamously proclaimed in 2007, to guffaws from his audience at Columbia University, that there were no gays in Iran. Most have crossed the border into Turkey, joining 2,000 Iranian refugees -- largely political dissidents and religious outcasts -- facing waits of two to three years as the United Nations processes their applications for asylum. Those who agreed to be interviewed asked that their last names be withheld for fear of reprisals against their families.
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Turkey grants the refugees sanctuary just until the United Nations can find them homes in the United States, Canada, Western Europe or Australia. To avoid a critical mass in any one Turkish city, the refugees are dispersed to two dozen locations. The list does not include more progressive Istanbul, gem of the Bosporus, but rather, smaller metropolises such as Isparta that remain influenced by Islam in the same way Christianity influences the Bible Belt.
*
Human rights groups say the number of gays taking flight has jumped in recent months as some came out of the shadows for a fleeting moment around the time of the tainted elections last June. They attempted to join in the anti-government campaigns that have sparked a brutal crackdown against dissidents by the Iranian government. It marked the first time, gay activists say, that a reviled underclass in Iran poked its face to the surface.
*
"The bravery that has come out of the gay community in Iran since the elections has been inspiring, but the government has not taken it lightly," said Saghi Ghahraman, an Iranian exile who helps operate a Canadian-based organization providing guidance to gays trying to escape Iran. "They have come down harshly and violently. They've made it more difficult than ever to be gay in Iran."
*
In November, Farzan was expelled from his dental school in Tehran. He went home to his family in a town in Iran's north only to find out they had also received a call from security agents. His parents kicked him out.
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He contacted Hassan, his friend who had fled to Turkey months earlier. As Hassan has done with a number of gay refugees, he offered to help put Farzan in contact with U.N. officials, and secure housing for him in Isparta as he waited -- like the rest of them -- for asylum. In late December, Farzan boarded a bus to the Turkish border with his life savings of $800.
*
"I have no idea how I'm going to make it here for two or three years on that," Farzan said. "But I keep telling myself that this is for the best, and I'll find a way. I once thought things could change in Iran, but now I know they won't. I did the only thing I could -- I got out."
*
Ignorance, religious extremism and a rejection of knowledge and modernity. One has to wonder if the world would not be a far better place without religious fundamentalism of all stripes.
*
Freedom is relative. But for Hassan, mother hen to a gaggle of gay Iranians fleeing a nation where their sexuality is punishable by death, relatively secular Turkey is one step closer to a life less shackled.
*
He is one of more than 300 gays who have fled Iran since the rise of President Mahmoud Ahmadinejad, who infamously proclaimed in 2007, to guffaws from his audience at Columbia University, that there were no gays in Iran. Most have crossed the border into Turkey, joining 2,000 Iranian refugees -- largely political dissidents and religious outcasts -- facing waits of two to three years as the United Nations processes their applications for asylum. Those who agreed to be interviewed asked that their last names be withheld for fear of reprisals against their families.
*
Turkey grants the refugees sanctuary just until the United Nations can find them homes in the United States, Canada, Western Europe or Australia. To avoid a critical mass in any one Turkish city, the refugees are dispersed to two dozen locations. The list does not include more progressive Istanbul, gem of the Bosporus, but rather, smaller metropolises such as Isparta that remain influenced by Islam in the same way Christianity influences the Bible Belt.
*
Human rights groups say the number of gays taking flight has jumped in recent months as some came out of the shadows for a fleeting moment around the time of the tainted elections last June. They attempted to join in the anti-government campaigns that have sparked a brutal crackdown against dissidents by the Iranian government. It marked the first time, gay activists say, that a reviled underclass in Iran poked its face to the surface.
*
"The bravery that has come out of the gay community in Iran since the elections has been inspiring, but the government has not taken it lightly," said Saghi Ghahraman, an Iranian exile who helps operate a Canadian-based organization providing guidance to gays trying to escape Iran. "They have come down harshly and violently. They've made it more difficult than ever to be gay in Iran."
*
In November, Farzan was expelled from his dental school in Tehran. He went home to his family in a town in Iran's north only to find out they had also received a call from security agents. His parents kicked him out.
*
He contacted Hassan, his friend who had fled to Turkey months earlier. As Hassan has done with a number of gay refugees, he offered to help put Farzan in contact with U.N. officials, and secure housing for him in Isparta as he waited -- like the rest of them -- for asylum. In late December, Farzan boarded a bus to the Turkish border with his life savings of $800.
*
"I have no idea how I'm going to make it here for two or three years on that," Farzan said. "But I keep telling myself that this is for the best, and I'll find a way. I once thought things could change in Iran, but now I know they won't. I did the only thing I could -- I got out."
*
Ignorance, religious extremism and a rejection of knowledge and modernity. One has to wonder if the world would not be a far better place without religious fundamentalism of all stripes.
Conservative Christians “With a Heart for the Homosexual” Still Don’t Get It
Timothy Kincaid has a great post at Box Turtle Bulletin which in my mind gives a wonderful review of the refusal of conservative Christians - even the well intentioned ones - to grasps and accept modern medical and mental health knowledge concerning sexual orientation. Namely, that sexual orientation is inherent and not a choice. Fortunately, some Christian denominations are coming to grasp this reality and as a result are becoming accepting of same sex relationships. Others sadly, continue to reject the truth - perhaps because they fear that admitting that the Bible is wrong about homosexuality being a sinful abomination, opens the door to the likelihood that it may also be wrong on other issues. Once this process begins, their entire house of cards belief system collapses and they are left confronting life without absolute certainty. Some it seems are too weak to contemplate this option and would rather go on condemning others in order to avoid insecurity. Here are some highlights from this lengthy but thoughtful post:
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With the growing openness of gay men and women and as they become more incorporated into the fabric of the culture, conservative Christianity has been challenged to rethink their position. For years the only visible response was “it’s a vile sin”. As gay people slowly became visible, up sprang vitriolic “family” groups dedicated to fighting for the civil subjugation of gay people and the denial of social equality or even basic civil rights.
*
But over time, secular voices were joined by mainline Christians in calling such treatment barbarian and un-Christian. And some of the younger conservative Christians had a hard time aligning the “evil homosexual” image with those gay men and women they know. So a new face of conservative Christianity is arising calling for more tolerance and seeking to share a loving God with their gay neighbors, to welcome them and love them rather than loudly condemn them. And almost without exception, they get it entirely, completely, and miserably wrong.
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But what these Christians fail to see is that we do not see our sexual orientation in terms of behavior. We are not gay because we do gay things. We are gay because we are internally, inherently drawn in matters of romantic, emotional, sexual and spiritual attraction to persons of the same sex.
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The sins that this tolerant Christian sees God forgive in his life are based on his own behaviors; his failings are his own actions. But the sins that he sees God forgive in our lives are not behavioral, but inherent; our failings are intrinsic and will be present no matter what we do. And when gay folk reject this overture, as we do, they indignantly reply, “Well! I called myself a sinner, too! What more to you want?”
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[T]hey forgot one little part: he can wake up tomorrow and decide to stop being a cheating, lying, womanizing a$$hat, but I’ll still be gay. And the extra-special plan that God has for gay people? Is it a lifetime of celibacy? Perhaps it is never, ever, experiencing romance, flirting, a first date, or a kiss on the beach under the moonlight. Maybe a life of devotion to others, knowing that your last breath will not be with a partner. Being a wonderful uncle or sister or neighbor, but knowing this: God’s Plan is for you to never be the most important person in anyone’s life. And they wonder why we don’t leap at the opportunity.
*
So here is my message to the conservative Christians who “have a heart for the gay community”: think about what you are saying and how crazy offensive it would be if directed towards anyone else. . . . We know that you really do think that our “sin” is so much worse than your own and we are not impressed when you lie and say that you don’t.
*
With the growing openness of gay men and women and as they become more incorporated into the fabric of the culture, conservative Christianity has been challenged to rethink their position. For years the only visible response was “it’s a vile sin”. As gay people slowly became visible, up sprang vitriolic “family” groups dedicated to fighting for the civil subjugation of gay people and the denial of social equality or even basic civil rights.
*
But over time, secular voices were joined by mainline Christians in calling such treatment barbarian and un-Christian. And some of the younger conservative Christians had a hard time aligning the “evil homosexual” image with those gay men and women they know. So a new face of conservative Christianity is arising calling for more tolerance and seeking to share a loving God with their gay neighbors, to welcome them and love them rather than loudly condemn them. And almost without exception, they get it entirely, completely, and miserably wrong.
*
But what these Christians fail to see is that we do not see our sexual orientation in terms of behavior. We are not gay because we do gay things. We are gay because we are internally, inherently drawn in matters of romantic, emotional, sexual and spiritual attraction to persons of the same sex.
*
The sins that this tolerant Christian sees God forgive in his life are based on his own behaviors; his failings are his own actions. But the sins that he sees God forgive in our lives are not behavioral, but inherent; our failings are intrinsic and will be present no matter what we do. And when gay folk reject this overture, as we do, they indignantly reply, “Well! I called myself a sinner, too! What more to you want?”
*
[T]hey forgot one little part: he can wake up tomorrow and decide to stop being a cheating, lying, womanizing a$$hat, but I’ll still be gay. And the extra-special plan that God has for gay people? Is it a lifetime of celibacy? Perhaps it is never, ever, experiencing romance, flirting, a first date, or a kiss on the beach under the moonlight. Maybe a life of devotion to others, knowing that your last breath will not be with a partner. Being a wonderful uncle or sister or neighbor, but knowing this: God’s Plan is for you to never be the most important person in anyone’s life. And they wonder why we don’t leap at the opportunity.
*
So here is my message to the conservative Christians who “have a heart for the gay community”: think about what you are saying and how crazy offensive it would be if directed towards anyone else. . . . We know that you really do think that our “sin” is so much worse than your own and we are not impressed when you lie and say that you don’t.
The Catholic Church Leadership Has Truly Lost its Mind
The insanity of the Catholic Church hierarchy has now truly gone over the top. And this just as news has broken that the wildfire of sexual abuse cover ups has moved into yet another European country, this time France. At the rate the stories of abuse are spreading, it seems that the better question: is there any country where the Church did not enable predator priests and cover up their misdeeds? Now, during a Lenten service at St. Peter's basilica, the allegation has been made that to criticize the Catholic Church for its worldwide cover up of sexual abuse of children and youth is the same as in engaging in anti-semitism. Let's see, anti-semitism is hate based on who people are whereas criticism of the Church is based on actual misdeeds of individuals. In this case the current Pope, at least three of his immediate predecessors and bishops and cardinals all around the world. Not to leave out the predator priests, of course. Talk about an ass backwards defense. But, I guess at this point the Church hierarchy has nowhere to go but to peddle lies and misinformation. Here are highlights from the Washington Post on this truly sick and sleazy tactic:
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On the most solemn day in the Roman Catholic calendar, a senior Vatican priest ignited a fresh chapter Friday in the debate over the priest abuse scandal by comparing criticism of the Church and Pope Benedict XVI to the historic persecution and "collective violence" against Jews.
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In a Good Friday sermon in St. Peter's Basilica attended by the pope, the Rev. Raniero Cantalamessa said a Jewish friend had written to him, saying the recent accusations about the Church reminded him of the "more shameful aspects of anti-Semitism."
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The statement stung Jewish groups -- with one spokesman calling it "repulsive" -- and prompted calls for the priest to retract it and for the pope to address it. The statement also angered victims groups, which expressed outrage that the Church, some of whose priests preyed on generations of Catholic children, was portraying itself as a victim.
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"The pope is not the victim here, nor is the Church hierarchy," said David Clohessy, who is an advocate for victims and who experienced alleged abuses by a priest as a boy. "The victims are the boys and girls being sexually assaulted by priests, nuns, seminarians."
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Rabbi Marvin Hier, founder and dean of Simon Wiesenthal Center, in Los Angeles, called the comparison "bizarre." "It's Good Friday," he added. The priest "knows his remarks are going all over the world. And that's the message you want to give? Ridiculous. Not only should the priest retract it, but the pope should address it . . . to say nothing condones it."
*
[O]thers in the Catholic community said they have been struck by the Church's response to recent abuse allegations. "If they hired someone to draw up the worst possible PR plan for the Church, they could not do any worse than these guys are doing right now," said the Rev. Thomas Reese, senior fellow at the Woodstock Theological Center at Georgetown University. . . . I mean, to invoke the persecution of the Jews? They are making every mistake in the book."
*
Benedict XVI and his henchmen truly are living in some fantasy world. It is fast becoming an embarrassment to say one was every a Catholic.
*
On the most solemn day in the Roman Catholic calendar, a senior Vatican priest ignited a fresh chapter Friday in the debate over the priest abuse scandal by comparing criticism of the Church and Pope Benedict XVI to the historic persecution and "collective violence" against Jews.
*
In a Good Friday sermon in St. Peter's Basilica attended by the pope, the Rev. Raniero Cantalamessa said a Jewish friend had written to him, saying the recent accusations about the Church reminded him of the "more shameful aspects of anti-Semitism."
*
The statement stung Jewish groups -- with one spokesman calling it "repulsive" -- and prompted calls for the priest to retract it and for the pope to address it. The statement also angered victims groups, which expressed outrage that the Church, some of whose priests preyed on generations of Catholic children, was portraying itself as a victim.
*
"The pope is not the victim here, nor is the Church hierarchy," said David Clohessy, who is an advocate for victims and who experienced alleged abuses by a priest as a boy. "The victims are the boys and girls being sexually assaulted by priests, nuns, seminarians."
*
Rabbi Marvin Hier, founder and dean of Simon Wiesenthal Center, in Los Angeles, called the comparison "bizarre." "It's Good Friday," he added. The priest "knows his remarks are going all over the world. And that's the message you want to give? Ridiculous. Not only should the priest retract it, but the pope should address it . . . to say nothing condones it."
*
[O]thers in the Catholic community said they have been struck by the Church's response to recent abuse allegations. "If they hired someone to draw up the worst possible PR plan for the Church, they could not do any worse than these guys are doing right now," said the Rev. Thomas Reese, senior fellow at the Woodstock Theological Center at Georgetown University. . . . I mean, to invoke the persecution of the Jews? They are making every mistake in the book."
*
Benedict XVI and his henchmen truly are living in some fantasy world. It is fast becoming an embarrassment to say one was every a Catholic.
Friday, April 02, 2010
Why Virginia Needs to Protect Against Discrimination Based on Sexual Orientation
As readers of this blog likely recognize, it outrages me that GOP controlled Virginia House of Delegates continues to refuse to add express protections for LGBT citizens from discrimination based on their sexual orientation. All the more so because the gigantic elephant in the room that no one wants to acknowledge - either in the General Assembly or in the Courts in most instances - is that such discrimination is religious based discrimination which is ALREADY ILLEGAL under the state and federal constitutions, not to mention the Civil Rights Act of 1964. Religious based discrimination against gays continues to be given a free pass while if directed at Muslims, Hindus, or some other group that don't live according to Christo-fascist dogma, the victims could quickly find legal recourse. Indeed, it is the Christo-fascists who are currently being given the "special rights" that they so like to whine about.
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Adding to the hypocrisy of the Bob McDonnells, Ken Cuccinellis and Robert Marshalls of the world is the disingenuous manner in which they are now claiming that gays don't need legal protections because there are so few complaints filed based on sexual orientation. If you make the system as unfriendly as possible for such complaints to be filed, it is less than honest to then say "gee whiz, no one is filing complaints." It is equally disingenuous for Bob McDonnell to say that gays have no protections under the federal laws while he's attorney general, yet then state that the 14th Amendment's equal protection clause would be violated by firing a gay employee to appease a a worldwide PR firestorm ignited by his lunatic attorney general, Ken Cuccinelli. Which is it Bob?
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In Virginia, besides the lack of ready administrative courses of relief, another very real problem exists for LGBT victims of employment discrimination: the ability to find legal counsel. My client Michael Moore called 14 other attorneys around Virginia before calling me. All held themselves out as "gay friendly" or were cooperating attorneys for Lambda Legal. None would take the case or assist him. Why? Because in most parts of Virginia attorneys view representing LGBT clients in more public actions such as lawsuits - particularly against a state body - to be potentially damaging to their careers. The Virginia State Bar has done nothing to offset this belief and, indeed, it's lame "diversity project" has been utterly blind to the existence of LGBT clients and their legal needs. Diversity in the eyes of the Virginia State Bar rests solely on the number of black and women attorneys and nothing more.
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The blog, Old Dominion WatchDog has a timely post that looks at the difficulties of bringing a complaint for discrimination based on sexual orientation in Virginia. Here are some highlights:
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The data shows that executive orders established in the last days of Gov. Mark Warner’s administration and the early days of Gov. Tim Kaine’s administration led to four allegations of discrimination based on sexual orientation. And in response to a Freedom of Information Act request, Anne Waring, a DHRM spokesperson, said that only one of those cases evolved into a lawsuit. Today, it sits in litigation, she said.
*
Additional DHRM data also show that since 2006 there have been 327 discrimination allegations filed for various reasons against the state — 31 of which were deemed baseless. Republican Del. Bob Marshall, of Prince William, said that DHRM numbers, combined with studies and census data that show homosexuals tend to be more highly educated and that same-sex couples tend to earn more money than married couples, underscore how unnecessary it is to add sexual orientation to the state’s human rights law.
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“If we were talking about discrimination based on, say, race, or gender, or veteran status, I have no doubt that the McDonnell Administration would have a swift and forceful response,” Englin said. “Exactly what number of reported cases of anti-gay discrimination is Gov. McDonnell’s threshold? One? Five? Twenty? How many cases of anti-gay discrimination are ‘okay’ before we make it illegal?” Englin said the number of discrimination allegations based on sexual orientation was “meaningless” because “state employees aren’t stupid” and “they’re not going to report discrimination that is not illegal.”
*
McDonnell eventually issued an executive directive, which had no legal teeth, and said that state employees should not be discriminated against based on their sexuality: “Discrimination based on factors such as one’s sexual orientation or parental status violates the Equal Protection Clause of the United States Constitution,” the directive read. “Therefore, discrimination against enumerated classes of persons set forth in the Virginia Human Rights Act or discrimination against any class of persons without a rational basis is prohibited.”
*
Kent Willis, the executive director of the Virginia American Civil Liberties Union, said the governor’s position leaves gay state employees with one option for filing discrimination suits on the basis of sexual orientation, in federal court under the equal protection clause of the U.S. Constitution.
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But state employees who believe they are discriminated against for reasons other than their sexual orientation can file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC has the power to negotiate settlements, Willis said. Should that fail, employees have the additional option of filing complaints in state court under civil rights law, which does not include sexual orientation in its discrimination list.
*
“The difference between being able to file a case with the EEOC and having to retain a lawyer to file a case in federal court is huge,” he said. “It is probably prohibitive for most people because just hiring a lawyer to file a case in federal court costs thousands of dollars and most people don’t have that kind of money.”
*
The data shows that executive orders established in the last days of Gov. Mark Warner’s administration and the early days of Gov. Tim Kaine’s administration led to four allegations of discrimination based on sexual orientation. And in response to a Freedom of Information Act request, Anne Waring, a DHRM spokesperson, said that only one of those cases evolved into a lawsuit. Today, it sits in litigation, she said.
*
Additional DHRM data also show that since 2006 there have been 327 discrimination allegations filed for various reasons against the state — 31 of which were deemed baseless. Republican Del. Bob Marshall, of Prince William, said that DHRM numbers, combined with studies and census data that show homosexuals tend to be more highly educated and that same-sex couples tend to earn more money than married couples, underscore how unnecessary it is to add sexual orientation to the state’s human rights law.
*
“If we were talking about discrimination based on, say, race, or gender, or veteran status, I have no doubt that the McDonnell Administration would have a swift and forceful response,” Englin said. “Exactly what number of reported cases of anti-gay discrimination is Gov. McDonnell’s threshold? One? Five? Twenty? How many cases of anti-gay discrimination are ‘okay’ before we make it illegal?” Englin said the number of discrimination allegations based on sexual orientation was “meaningless” because “state employees aren’t stupid” and “they’re not going to report discrimination that is not illegal.”
*
McDonnell eventually issued an executive directive, which had no legal teeth, and said that state employees should not be discriminated against based on their sexuality: “Discrimination based on factors such as one’s sexual orientation or parental status violates the Equal Protection Clause of the United States Constitution,” the directive read. “Therefore, discrimination against enumerated classes of persons set forth in the Virginia Human Rights Act or discrimination against any class of persons without a rational basis is prohibited.”
*
Kent Willis, the executive director of the Virginia American Civil Liberties Union, said the governor’s position leaves gay state employees with one option for filing discrimination suits on the basis of sexual orientation, in federal court under the equal protection clause of the U.S. Constitution.
*
But state employees who believe they are discriminated against for reasons other than their sexual orientation can file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC has the power to negotiate settlements, Willis said. Should that fail, employees have the additional option of filing complaints in state court under civil rights law, which does not include sexual orientation in its discrimination list.
*
“The difference between being able to file a case with the EEOC and having to retain a lawyer to file a case in federal court is huge,” he said. “It is probably prohibitive for most people because just hiring a lawyer to file a case in federal court costs thousands of dollars and most people don’t have that kind of money.”
Thursday, April 01, 2010
An Inconvenient Trut for Christianists - Gay Animals
Right wing religious extremists - be they Bible beating Christian fundamentalists, predator priest protecting members of the Catholic Church hierarchy, or nutcase Islamists - base their homophobia on purported "natural law" and/or passages of the Bible or Koran. Without exception, these people claim that same sex attraction and same sex relations are "contrary to God's law" or in contravention of the Koran. Gays are uniformly depicted as perverted sinners by their own free choice and, therefore, deserving of all all sorts of punishments - even death. Meanwhile, the New York Times Magazine has a length article that looks at homosexual behavior in the animal kingdom that basically shoots to Hell the purported "natural law" argument against same sex relationships. Here are some highlights:
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Albatrosses can live to be 60 or 70 years old and typically mate with the same bird every year, for life. Their “divorce rate,” as biologists term it, is among the lowest of any bird. . . . In the course of her doctoral work, Young and a colleague discovered, almost incidentally, that a third of the pairs at Kaena Point actually consisted of two female birds, not one male and one female. Laysan albatrosses are one of countless species in which the two sexes look basically identical. It turned out that many of the female-female pairs, at Kaena Point and at a colony that Young’s colleague studied on Kauai, had been together for 4, 8 or even 19 years — as far back as the biologists’ data went, in some cases. The female-female pairs had been incubating eggs together, rearing chicks and just generally passing under everybody’s nose for what you might call “straight” couples.
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Various forms of same-sex sexual activity have been recorded in more than 450 different species of animals by now, from flamingos to bison to beetles to guppies to warthogs. A female koala might force another female against a tree and mount her, while throwing back her head and releasing what one scientist described as “exhalated belchlike sounds.”
*
Albatrosses can live to be 60 or 70 years old and typically mate with the same bird every year, for life. Their “divorce rate,” as biologists term it, is among the lowest of any bird. . . . In the course of her doctoral work, Young and a colleague discovered, almost incidentally, that a third of the pairs at Kaena Point actually consisted of two female birds, not one male and one female. Laysan albatrosses are one of countless species in which the two sexes look basically identical. It turned out that many of the female-female pairs, at Kaena Point and at a colony that Young’s colleague studied on Kauai, had been together for 4, 8 or even 19 years — as far back as the biologists’ data went, in some cases. The female-female pairs had been incubating eggs together, rearing chicks and just generally passing under everybody’s nose for what you might call “straight” couples.
*
Various forms of same-sex sexual activity have been recorded in more than 450 different species of animals by now, from flamingos to bison to beetles to guppies to warthogs. A female koala might force another female against a tree and mount her, while throwing back her head and releasing what one scientist described as “exhalated belchlike sounds.”
*
“This colony is literally the largest proportion of — I don’t know what the correct term is: ‘homosexual animals’? — in the world,” Young told me. “Which I’m sure some people think is a great thing, and others might think is not.”
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Bagemihl calls it a “heterosexist bias” and has shown it to be a significant roadblock to understanding the diversity of what animals actually do. In 1999, Baghemihl published “Biological Exuberance,” a book that pulled together a colossal amount of previous piecemeal research and showed how biologists’ biases had marginalized animal homosexuality for the last 150 years — sometimes innocently enough, sometimes in an eruption of anthropomorphic disgust.
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IN THE LAST DECADE, however, Paul Vasey and others have begun developing new hypotheses based on actual, prolonged observation of different animals, deciphering the ways given homosexual behaviors may have evolved and the evolutionary role they might play within the context of individual species. Different ideas are emerging about how these behaviors could fit within that traditional Darwinian framework, including seeing them as conferring reproductive advantages in roundabout ways.
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[P]olls show that Americans are more likely to discriminate against gays and lesbians if they think homosexuality is “a choice.” “It shouldn’t be the basis of a moral judgment,” he said. But sometimes it is, and gay animals are compelling evidence that being gay isn’t a choice at all. In fact, Essex remembers reading a brief mention of animal homosexual behavior during an anthropology class in college in the mid-’80s. “And as a closeted guy, it made a difference to me,” he told me. He remembers thinking: “Oh, hey, this is quote-unquote natural. This is normal. This is part of the normal spectrum of humanity — or life.”
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Those wanting to discriminate against gays and lesbians may have roped the rest of us into an argument over what’s “natural” just by asserting for so long that homosexuality is not. But affixing any importance to the question of whether something is natural or unnatural is a red herring; it’s impossible to pin down what those words mean even in a purely scientific context.
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For more details, read the entire article. To me, the lesson is that mankind should not profess to know all the truths of the world and creation. There are variants of sexuality that may well serve unknown functions in God's larger plan. Only an idiot filled with hubris will presume to have all the answers. Indeed, when someone purports to have all the answers, the wisest course is probably to run and put as much distance between one's self and the self-anointed know it all.
How to Stop Gay Bullying
There has been much in the news of late concerning bullying, both in schools and online. In a number of instances, the bullying has lead to the suicide deaths of worthwhile, promising lives. I find the phenomenon beyond disgusting. What makes the issue even more sickening is the fact that whenever school divisions seek to impose anti-bullying programs, the main opponents of such programs are invariably Christianists who want a free license to demonize and torture anyone who fails to conform to their religious dogma. I do not want to sound like a litigious attorney, but the reality is that sometimes nothing short of a lawsuit will help solve the problem, whether it be a lawsuit against a negligent school division or against parents who have failed to stop the malicious actions of their children (check applicable state statutes on parental responsibility for torts of their minor children). An attitude of "boys will be boys" can be a deadly prescription. Well thought out lawsuits can make negligent school boards and/or parents wake up - especially if their insurance carriers either drop their coverage or jack up their insurance premiums. Here are highlights via 365gay.com of an article by a law school professor advocating for strategic lawsuits:
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How can we stop the bullying against LGBT students? It turns out that sometimes, unfortunately, you have to sue the bastards. Recently, a lawsuit was settled between a bullied, gay high schooler from upstate New York and the school district and officials who permitted the mistreatment to go on for more than a year. Jacob, (or J.L., as he was known in the complaint) will receive $50,000 in damages, as well as legal fees and the cost of therapy. And the school district has also agreed to conduct anti-harassment training of employees.*
*
The complaint, filed by the New York Civil Liberties Union, is painful to read, as it details physical violence and injury, death threats, destruction of property, name-calling (including “pussy,” “bitch,” “cocksucker,” and “faggot” to name just a few), and the heart-breaking, unrelenting misery that Jacob suffered.
*
His father, whose repeated efforts to get the school officials – especially the principal – to do something, went unheeded. Over time, in fact, it became clear where this guy’s sympathies lay: He told Jacob’s dad that he wasn’t going to change what the school was doing in order to “cater to homosexuals.” Even though the school has a clear policy against bullying, policies don’t help if the principal is oblivious, or worse.
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The evidence and the New York State law were clearly on Jacob’s side, and then his case received an unexpected and welcome jolt – the Obama Department of Justice moved to intervene on behalf of the bullied kid.
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“[We] hope that the Mohawk Central School District can serve as a model for other school districts confronting issues of bullying and intolerance of lesbian, gay, bisexual, transgender, and gender non-conforming students.”
*
How can we stop the bullying against LGBT students? It turns out that sometimes, unfortunately, you have to sue the bastards. Recently, a lawsuit was settled between a bullied, gay high schooler from upstate New York and the school district and officials who permitted the mistreatment to go on for more than a year. Jacob, (or J.L., as he was known in the complaint) will receive $50,000 in damages, as well as legal fees and the cost of therapy. And the school district has also agreed to conduct anti-harassment training of employees.*
*
The complaint, filed by the New York Civil Liberties Union, is painful to read, as it details physical violence and injury, death threats, destruction of property, name-calling (including “pussy,” “bitch,” “cocksucker,” and “faggot” to name just a few), and the heart-breaking, unrelenting misery that Jacob suffered.
*
His father, whose repeated efforts to get the school officials – especially the principal – to do something, went unheeded. Over time, in fact, it became clear where this guy’s sympathies lay: He told Jacob’s dad that he wasn’t going to change what the school was doing in order to “cater to homosexuals.” Even though the school has a clear policy against bullying, policies don’t help if the principal is oblivious, or worse.
*
The evidence and the New York State law were clearly on Jacob’s side, and then his case received an unexpected and welcome jolt – the Obama Department of Justice moved to intervene on behalf of the bullied kid.
*
“[We] hope that the Mohawk Central School District can serve as a model for other school districts confronting issues of bullying and intolerance of lesbian, gay, bisexual, transgender, and gender non-conforming students.”
USA Lags in Gay Acceptance
The chart above demonstrates how the USA is lagging behind other modern industrial nations in terms of recognizing homosexuality as a normal and acceptable - thereby demonstrating the continued poisonous influence of the GOP and far right Christianists in America. It is noteworthy that Spain, once a bastion of Catholicism, is three times more accepting of homosexuality than the USA. Progressive Germany is only slightly behind Spain, while not surprisingly, Sweden is far more accepting than even Spain.
Details of Vatican Plan to Hide Sexual Abuse Show Half Century of Cover Up
As we near Good Friday, it looks like the Vatican is about to be potentially crucified, but unlike Christ, deservedly so. The media seems to be finally getting over a fear of appearing anti-religion simply because it is reporting on the truth. The foul stench emanating from Rome intensifies almost by the hour. Among more details receiving long over due attention are documents that show the centralized conspiracy to cover up abuse cases goes back to the early 1060's and earlier. Popes implicated in the conspiracy involve John XXIII, Paul VI, John Paul II, and of course God's Rottweiler, Benedict XVI. These men are increasingly being shown to have acted like Mafia Dons heading up an international crime syndicate and dishing out orders to their soldiers within the mob. Page 3 of a 2004 class action complaint against the Vatican details a 1962 directive issued by then Pope John XXII that demanded utter secrecy and cover up of rampant sexual abuse of children and youths. As Google News is reporting, Pope Paul VI was like wise fully informed of the sexual abuse problem and largely ignored advice to remove predator priests and to defrock them. The irony in all this is that countless individuals like myself were taught to hate ourselves and view ourselves as disgusting by the very Church hierarchy that was advancing an organized conspiracy to cover up criminal conduct by predators preying on the young and vulnerable. Here are highlights from Google News:
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The head of a Roman Catholic order that specialized in the treatment of pedophile priests visited with the then-pope nearly 50 years ago and followed up with a letter recommending the removal of pedophile priests from ministry, according to a copy of the letter released Wednesday.
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In the Aug. 27, 1963 letter, the head of the New Mexico-based Servants of the Holy Paraclete tells the pope he recommends removing pedophile priests from active ministry and strongly urges defrocking repeat offenders.
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The letter, written by the Rev. Gerald M.C. Fitzgerald, appears to have been drafted at the request of the pope and summarizes Fitzgerald's thoughts on problem priests after his Vatican visit.
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Fitzgerald opens the five-page letter by thanking the pope for an audience the day before and says he is summarizing his thoughts at the pope's request on the "problem of the problem priest" after 20 years working in to treat them.
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He tells Paul VI that treatment for priests who have succumbed to "abnormal, homosexual tendencies" should include psychiatric, as well as spiritual, counseling — but goes on to warn about the dangers of leaving those individuals in ministry.
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The letter was released in Los Angeles by attorneys who represented more than 500 victims of clergy abuse in their record-breaking $660 million settlement with the Archdiocese of Los Angeles in 2008. It's among thousands of pages of clergy abuse documents that are to be released as a condition of the settlement after review and approval by a judge overseeing the process. The letter released Wednesday is different from a 1957 letter made public last year in which Fitzgerald seeks help from the Bishop of Manchester, N.H. in finding a placement for a priest leaving the treatment program.
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A September 12, 1952 letter to the bishop of Reno demonstrates that the problem of predatory priests long pre-dated the 1963 audience with Pope Paul VI.
*
The head of a Roman Catholic order that specialized in the treatment of pedophile priests visited with the then-pope nearly 50 years ago and followed up with a letter recommending the removal of pedophile priests from ministry, according to a copy of the letter released Wednesday.
*
In the Aug. 27, 1963 letter, the head of the New Mexico-based Servants of the Holy Paraclete tells the pope he recommends removing pedophile priests from active ministry and strongly urges defrocking repeat offenders.
*
The letter, written by the Rev. Gerald M.C. Fitzgerald, appears to have been drafted at the request of the pope and summarizes Fitzgerald's thoughts on problem priests after his Vatican visit.
*
Fitzgerald opens the five-page letter by thanking the pope for an audience the day before and says he is summarizing his thoughts at the pope's request on the "problem of the problem priest" after 20 years working in to treat them.
*
He tells Paul VI that treatment for priests who have succumbed to "abnormal, homosexual tendencies" should include psychiatric, as well as spiritual, counseling — but goes on to warn about the dangers of leaving those individuals in ministry.
*
The letter was released in Los Angeles by attorneys who represented more than 500 victims of clergy abuse in their record-breaking $660 million settlement with the Archdiocese of Los Angeles in 2008. It's among thousands of pages of clergy abuse documents that are to be released as a condition of the settlement after review and approval by a judge overseeing the process. The letter released Wednesday is different from a 1957 letter made public last year in which Fitzgerald seeks help from the Bishop of Manchester, N.H. in finding a placement for a priest leaving the treatment program.
*
A September 12, 1952 letter to the bishop of Reno demonstrates that the problem of predatory priests long pre-dated the 1963 audience with Pope Paul VI.
*
I again have to ask myself, why do members of the Catholic laity continue to show deference to these morally bankrupt monsters? I simply cannot understand the mindset.
Secretary of the Army Says He Will Not Pursue ‘Don’t Ask, Don’t Tell’ Discharges
UPDATED 4-1-2010: Today, the Secretary of the Army back peddled on statements I discussed yesterday. No doubt, he caught flack and is seeking some CYA. Fortunately, McHugh is seemingly protecting the service members with whom he spoke:
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Because of the informal and random manner in which these engagements occurred, I am unable to identify these soldiers and I am not in a position to formally pursue the matter.
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Because of the informal and random manner in which these engagements occurred, I am unable to identify these soldiers and I am not in a position to formally pursue the matter.
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In order to meet recruiting targets, the U.S. Army had lowered standards, accepted those without high school diplomas and even convicted felons, yet continued to expel highly qualifies gay troops. Now, the Secretary of the Army, John M. McHugh, has said in a shockingly common sense statement that he will not pursue discharging of LGBT service members under DADT. I have never understood the logic of accepting misfits while discharging highly trained personnel solely for the purpose of pleasing homophobes. Would that the Secretary of the Navy would immediately embrace such a logical approach as well - even if it causes Elaine Donnelly to wet herself. It would be a major relief to many in this area with a huge Navy presence and many, many closeted service members who continue to live in fear of being outed. Here are highlights from the New York Times on this development:
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The secretary of the Army, John M. McHugh, said Wednesday that he was effectively ignoring the “don’t ask, don’t tell” law because he had no intention of pursuing discharges of active-duty service members who have recently told him that they are gay.
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Mr. McHugh, the Army’s civilian leader and a former Republican congressman from upstate New York, said that he had initiated the conversations with service members in recent months as part of the Pentagon’s review of how best to carry out a repeal of the “don’t ask, don’t tell” law, which requires that gay service members keep their sexual orientation secret or face discharge.
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Mr. McHugh, who spoke at a breakfast with Pentagon reporters, said it made no sense to pursue discharges of service members as he speaks with them about the change in policy. Mr. Obama, Mr. Gates and Admiral Mullen have all asked commanders to assess opinion within the military about the change in law.
*
Mr. McHugh said it would be “counterproductive” to “take disciplinary action against someone who spoke with me openly and honestly.” He said the Pentagon was still trying to devise a way to more formally poll large numbers of service members about their views on changing the law.
At *the same breakfast, Mr. McHugh also said that a three-star general who was criticized by the Pentagon leadership last week for speaking out against repeal of the law would not receive a letter of reprimand. Instead, Mr. McHugh said the officer, Lt. Gen. Benjamin R. Mixon, had had numerous conversations with Gen. George W. Casey Jr., the Army chief of staff, and now recognized that his comments were “inappropriate.”
*
The secretary of the Army, John M. McHugh, said Wednesday that he was effectively ignoring the “don’t ask, don’t tell” law because he had no intention of pursuing discharges of active-duty service members who have recently told him that they are gay.
*
Mr. McHugh, the Army’s civilian leader and a former Republican congressman from upstate New York, said that he had initiated the conversations with service members in recent months as part of the Pentagon’s review of how best to carry out a repeal of the “don’t ask, don’t tell” law, which requires that gay service members keep their sexual orientation secret or face discharge.
*
Mr. McHugh, who spoke at a breakfast with Pentagon reporters, said it made no sense to pursue discharges of service members as he speaks with them about the change in policy. Mr. Obama, Mr. Gates and Admiral Mullen have all asked commanders to assess opinion within the military about the change in law.
*
Mr. McHugh said it would be “counterproductive” to “take disciplinary action against someone who spoke with me openly and honestly.” He said the Pentagon was still trying to devise a way to more formally poll large numbers of service members about their views on changing the law.
At *the same breakfast, Mr. McHugh also said that a three-star general who was criticized by the Pentagon leadership last week for speaking out against repeal of the law would not receive a letter of reprimand. Instead, Mr. McHugh said the officer, Lt. Gen. Benjamin R. Mixon, had had numerous conversations with Gen. George W. Casey Jr., the Army chief of staff, and now recognized that his comments were “inappropriate.”
Wednesday, March 31, 2010
Should There Be an Inquisition for the Pope?
The Roman Catholic Church's much deserved PR disaster continues unabated as we move into the height of Holy Week. Last night sitting in the Richmond Marriott with Michael Moore, the boyfriend and Mike's dad and friend, in the background I could see Larry King Live and noted that the Catholic League's William Donohue - who looked so worked up I expected him to keel over - was among the people being interview, as well as a number of priests (surprisingly, a couple were quite hot looking). Obviously, the Vatican's efforts at spin and whining that it's a victim of a hostile main stream media, is not taking traction and the allegations of abuse just keep on spreading like wild fire. Now the Copenhagen Post is reporting on new abuse allegations. Of note is the fact that as more stories of abuse arise, the more global the Church's calculated effort to cover up sex crimes against children and youths seems to have been orchestrated from Rome. With Pope Benedict XVI right at ground zero over the last 20 some years, first as head of the Department once known as the Inquisition and later as Pope). Now, Maureen Dowd, who was raised Catholic like I was, has a on point column in the New York Times that is on the money. Here are some highlights:
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It doesn’t seem right that the Catholic Church is spending Holy Week practicing the unholy art of spin.
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Complete with crown-of-thorns imagery, the church has started an Easter public relations blitz defending a pope who went along with the perverse culture of protecting molesters and the church’s reputation rather than abused — and sometimes disabled and disadvantaged — children.
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The church gave up its credibility for Lent. Holy Thursday and Good Friday are now becoming Cover-Up Thursday and Blame-Others Friday.
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This week of special confessions and penance services is unfolding as the pope resists pressure from Catholics around the globe for his own confession and penance about the cascade of child sexual abuse cases that were ignored, even by a German diocese and Vatican office he ran.
*
And now the church continues to hide behind its mystique. Putting down the catechism, it picked up the Washington P.R. handbook for political sins.
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First: Declare any new revelation old and unimportant.
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Second: Blame somebody else — even if it’s this pope’s popular predecessor, on the fast track to sainthood.
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Third: Say black is white.
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Fourth: Demonize gays, as Karl Rove did in 2004.
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Fifth: Blame the victims.
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Sixth: Throw gorilla dust.
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And finally, seventh: Use the Cheney omnipotence defense, most famously employed in the Valerie Plame case.
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Vatican lawyers will argue in negligence cases brought by abuse victims that the pope has immunity as a head of state and that bishops who allowed an abuse culture, endlessly recirculating like dirty fountain water, were not Vatican employees.
*
It doesn’t seem right that the Catholic Church is spending Holy Week practicing the unholy art of spin.
*
Complete with crown-of-thorns imagery, the church has started an Easter public relations blitz defending a pope who went along with the perverse culture of protecting molesters and the church’s reputation rather than abused — and sometimes disabled and disadvantaged — children.
*
The church gave up its credibility for Lent. Holy Thursday and Good Friday are now becoming Cover-Up Thursday and Blame-Others Friday.
*
This week of special confessions and penance services is unfolding as the pope resists pressure from Catholics around the globe for his own confession and penance about the cascade of child sexual abuse cases that were ignored, even by a German diocese and Vatican office he ran.
*
And now the church continues to hide behind its mystique. Putting down the catechism, it picked up the Washington P.R. handbook for political sins.
*
First: Declare any new revelation old and unimportant.
*
Second: Blame somebody else — even if it’s this pope’s popular predecessor, on the fast track to sainthood.
*
Third: Say black is white.
*
Fourth: Demonize gays, as Karl Rove did in 2004.
*
Fifth: Blame the victims.
*
Sixth: Throw gorilla dust.
*
And finally, seventh: Use the Cheney omnipotence defense, most famously employed in the Valerie Plame case.
*
Vatican lawyers will argue in negligence cases brought by abuse victims that the pope has immunity as a head of state and that bishops who allowed an abuse culture, endlessly recirculating like dirty fountain water, were not Vatican employees.
Moore v. Virginia Museum of Natural History - Update
I survived oral argument before the Virginia Supreme Court this afternoon and according to the boyfriend, my client (pictured at right), his father and a friend of his who were all in attendance, I did a good job. Since it is the first time I have ever made an oral argument to a state supreme court, to be honest, I have no frame of reference for comparison. I hit all of the points I wanted to make and brought in Gov. Bob McDonnell's apparent of heart and belated concurrence with our 14th Amendment equal protection argument in the form of Executive Directive 1 (2010). Ironically, the Richmond Times Dispatch's main editorial this morning was of all things on Virginia's need to extend non-discrimination protections to ALL citizens, including LGBT citizens. Along with U.S. Supreme Court caselaw, I referenced both the morning Times Dispatch editorial and yesterday's Roanoke Times column urging colleges and universities to continue non-discrmination policies that include sexual orientation as reasons why the justices need to resolve the issue statewide once and for all by deciding the Moore case. Now we play the waiting game. Here are highlights from this morning's editorial (Editor's Note: the Richmond Times Dispatch is one of the most conservative papers in Virginia):
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[I]f such laws [non-discriminations laws] are to remain on the books, then the absence of sexuality as a category remains instructive -- and troubling. . . . although we have expressed our reservations regarding hate crimes legislation generally, we find the deliberate exclusion of violence against homosexuals deeply disturbing. The message rings out loud and clear.
*
We trust McDonnell's commitment to non-discrimination in state government. We would expect no less from any governor. We also believe it is time for Virginia either to repeal its non-discrimination laws -- or to make them truly comprehensive. As the first option seems unlikely, it is time to act on the second.
*
As unfortunately seems to be the norm for many gay rights cases, today's oral arguments drew almost no attention from the mainstream media. Only WRVA-1140 covered the story and interviewed both Michael Moore and myself after the oral argument. Unlike most reporters I have experienced, Jay Hart, the news reporter/anchor we spoke with had actually looked at the briefs in the matter. His audio report on the hearing is here. The following are highlights from the radio stations news web page:
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Richmond, VA (1140wrva.com) - Michael Moore was fired from the Virginia Museum of Natural History back in 2006, and he hopes the state supreme court will listen to him. He and his attorney Michael Hamar had a hearing in which Hamar had 10 minutes to verbally argue... along with his brief... why the court needs to hear the case. He points out although his client was probationary at the time he was fired, a U.S. Supreme Court case says that does not mean he can be denied an appeal when his constitutional rights are violated.
*
Moore has moved to Florida and took the flight up to hear the brief argument. He says what happened to him has given him the impetus to get ready to go to law school. He says he called some 15 attorneys, looking for one to take his case, and didn't find one until he contacted Hamar. The Norfolk lawyer says many attorneys will not touch a gay rights case.
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He argued to the 3-justice panel that newspaper editorials are talking about a need for a law and case law, and he pointed out a university official urging an ignoring of state attorney general Ken Cuccinelli's legal opinion that state universities and colleges cannot protect gay students and employees.
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He [Moore] claims the museum's director at the time had said in a meeting three months before firing Moore that he objected on religious grounds to working with a homosexual employee. Moore claims at an August meeting, the director said he would "take care of it" in spite of advice he could not do it. No word on when the justices will decide on hearing the case.
*
[I]f such laws [non-discriminations laws] are to remain on the books, then the absence of sexuality as a category remains instructive -- and troubling. . . . although we have expressed our reservations regarding hate crimes legislation generally, we find the deliberate exclusion of violence against homosexuals deeply disturbing. The message rings out loud and clear.
*
We trust McDonnell's commitment to non-discrimination in state government. We would expect no less from any governor. We also believe it is time for Virginia either to repeal its non-discrimination laws -- or to make them truly comprehensive. As the first option seems unlikely, it is time to act on the second.
*
As unfortunately seems to be the norm for many gay rights cases, today's oral arguments drew almost no attention from the mainstream media. Only WRVA-1140 covered the story and interviewed both Michael Moore and myself after the oral argument. Unlike most reporters I have experienced, Jay Hart, the news reporter/anchor we spoke with had actually looked at the briefs in the matter. His audio report on the hearing is here. The following are highlights from the radio stations news web page:
*
Richmond, VA (1140wrva.com) - Michael Moore was fired from the Virginia Museum of Natural History back in 2006, and he hopes the state supreme court will listen to him. He and his attorney Michael Hamar had a hearing in which Hamar had 10 minutes to verbally argue... along with his brief... why the court needs to hear the case. He points out although his client was probationary at the time he was fired, a U.S. Supreme Court case says that does not mean he can be denied an appeal when his constitutional rights are violated.
*
Moore has moved to Florida and took the flight up to hear the brief argument. He says what happened to him has given him the impetus to get ready to go to law school. He says he called some 15 attorneys, looking for one to take his case, and didn't find one until he contacted Hamar. The Norfolk lawyer says many attorneys will not touch a gay rights case.
*
He argued to the 3-justice panel that newspaper editorials are talking about a need for a law and case law, and he pointed out a university official urging an ignoring of state attorney general Ken Cuccinelli's legal opinion that state universities and colleges cannot protect gay students and employees.
*
He [Moore] claims the museum's director at the time had said in a meeting three months before firing Moore that he objected on religious grounds to working with a homosexual employee. Moore claims at an August meeting, the director said he would "take care of it" in spite of advice he could not do it. No word on when the justices will decide on hearing the case.
Tuesday, March 30, 2010
Blogging Hiatus - Moore v. Virginia Museum of Natural History
From this morning through tomorrow evening, I will be taking a hiatus from blogging. Tomorrow at 1:00 PM, the Supreme Court of Virginia will hold oral arguments on the case of Michael Moore v. Virginia Museum of Natural History. Moore (at left) is a former employee of the Virginia Museum of Natural History who was terminated in November, 2006, for being gay. The Williams Institute has references to the case here as a case where a gay employee was terminated because of his sexual orientation by a public entity in Virginia.
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Amazingly, yours truly - who is neither a litigation attorney nor an appellate case attorney - finds himself scheduled to present the oral argument on Moore's behalf tomorrow. The boyfriend and I will drive to Richmond tonight and meet Michael Moore and we will return after the oral argument tomorrow. The state's pleadings clearly state that:
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Sexual orientation is not a protected class under either state or federal law. . . . The only source of protection for this classification is provided by the Governor's Executive Order #1 which, by itself, does not provide a cause of action.
In total contrast, Governor McDonnell's Executive Directive 1 (2010) makes the following statement in relevant part:
The Equal Protection Clause of the United States Constitution prohibits discrimination without a rational basis against any class of persons. Discrimination based on factors such as one's sexual orientation or parental status violates the Equal Protection Clause of the United States Constitution.
The disconnection between these two legal positions cannot get much more apparent. Moreover, briefs on Moore's behalf have made among other arguments the exact one now embraced in Executive Directive 1 (2010). I have no idea how all this will end up, but will obviously be a nervous wreck until after the argument is over tomorrow afternoon.
*
Amazingly, yours truly - who is neither a litigation attorney nor an appellate case attorney - finds himself scheduled to present the oral argument on Moore's behalf tomorrow. The boyfriend and I will drive to Richmond tonight and meet Michael Moore and we will return after the oral argument tomorrow. The state's pleadings clearly state that:
*
Sexual orientation is not a protected class under either state or federal law. . . . The only source of protection for this classification is provided by the Governor's Executive Order #1 which, by itself, does not provide a cause of action.
In total contrast, Governor McDonnell's Executive Directive 1 (2010) makes the following statement in relevant part:
The Equal Protection Clause of the United States Constitution prohibits discrimination without a rational basis against any class of persons. Discrimination based on factors such as one's sexual orientation or parental status violates the Equal Protection Clause of the United States Constitution.
The disconnection between these two legal positions cannot get much more apparent. Moreover, briefs on Moore's behalf have made among other arguments the exact one now embraced in Executive Directive 1 (2010). I have no idea how all this will end up, but will obviously be a nervous wreck until after the argument is over tomorrow afternoon.
Catholic League Blames the Gays Instead of Vatican and Hierarchy
Click image for larger view.
The ever delusional William Donohue of the Catholic League is on another rant blaming gays for the Catholic Church's huge sexual abuse scandal that is becoming increasing a worldwide phenomenon. Now Donohue - who has been well depicted in South Park episodes - has taken out a full page ad in the New York Times (see above) attempting to shift blame from the Pope and Church hierarchy to gays and the New York Times. Never mind that the Vatican operated a worldwide conspiracy of cover ups and shuffling predatory priests from parish to unsuspecting parish. In any other context, such a conspiracy would lead to criminal charges and likely racketeering charges, but somehow in Donohue's crazy world, it's the Vatican and the Church that are the victims.
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The reality is that Donohue cannot come to grips with the reality that the institutional church which he has sought to protect is morally bankrupt and that the Church hierarchy - including the Pope - have played the laity for suckers. This link shows a great animated cartoon from the Washington Post that depicts how the Church deals with messengers of the truth.
Roanoke Times Op-Ed: Ignore Cuccinelli Directive
Virginia's loony Attorney General, Ken "Kookinelli" Cuccinelli, continues to generate a flap over his anti-gay directive to Virginia's public colleges and universities. Over the better part of the last month Kookinelli's directive that discrimination based on sexual orientation is permissible has been lambasted by every major newspaper in Virginia . Now, the Roanoke Times has an op-ed that suggests not only that Kookinelli's legal analysis is wrong, but encourages the state's public colleges and universities to ignore the Cooch's religious based campaign of discrimination. The legal analysis in the column by Virginia State Senator Edwards looks on point and also recognizes the damage being done to the state's reputation. Here are some highlights:
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In the early years of our country, Virginians were the leaders in establishing the democratic institutions and individual and civil rights that inspired the world. Thomas Jefferson wrote that all people are created equal and endowed with certain unalienable rights; George Mason authored the Virginia Declaration of Rights and together with James Madison fathered the Bill of Rights to the United States Constitution. In the long march of history, these individual liberties and civil rights have expanded to cover more people, including minorities and women, rather than shrunk to cover fewer people.
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That is why it is disheartening for the attorney general of Virginia to advise the colleges and universities that they should rescind their existing nondiscrimination policies that protect persons due to sexual orientation.
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The attorney general's opinion is wrong legally and also counterproductive. Our public colleges and universities through their boards of visitors have the authority to establish policies that are "needful" to carry out the mission of the institutions. This is unlike localities, which are subject to the Dillon Rule whereby the governing authority must be expressly granted by the legislature.
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The attorney general's opinion is also counterproductive to the best interests of the institutions and Virginia. The antidiscrimination policies did not evolve in a vacuum; they serve the competitive needs of the colleges and universities to attract first-rate faculty and students. Antidiscrimination policies have become common throughout the country in major universities and are essential to attract the best and brightest faculty, administrators and students in higher education. . . . The attorney general does a disservice to our colleges and universities and to Virginia's competitive place in the national and global economy by issuing this advisory opinion.
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I would urge the boards of visitors of Virginia's colleges and universities to stand firm and refrain from rescinding those policies, which have proven to be necessary and beneficial to higher education in Virginia.
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In the early years of our country, Virginians were the leaders in establishing the democratic institutions and individual and civil rights that inspired the world. Thomas Jefferson wrote that all people are created equal and endowed with certain unalienable rights; George Mason authored the Virginia Declaration of Rights and together with James Madison fathered the Bill of Rights to the United States Constitution. In the long march of history, these individual liberties and civil rights have expanded to cover more people, including minorities and women, rather than shrunk to cover fewer people.
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That is why it is disheartening for the attorney general of Virginia to advise the colleges and universities that they should rescind their existing nondiscrimination policies that protect persons due to sexual orientation.
*
The attorney general's opinion is wrong legally and also counterproductive. Our public colleges and universities through their boards of visitors have the authority to establish policies that are "needful" to carry out the mission of the institutions. This is unlike localities, which are subject to the Dillon Rule whereby the governing authority must be expressly granted by the legislature.
*
The attorney general's opinion is also counterproductive to the best interests of the institutions and Virginia. The antidiscrimination policies did not evolve in a vacuum; they serve the competitive needs of the colleges and universities to attract first-rate faculty and students. Antidiscrimination policies have become common throughout the country in major universities and are essential to attract the best and brightest faculty, administrators and students in higher education. . . . The attorney general does a disservice to our colleges and universities and to Virginia's competitive place in the national and global economy by issuing this advisory opinion.
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I would urge the boards of visitors of Virginia's colleges and universities to stand firm and refrain from rescinding those policies, which have proven to be necessary and beneficial to higher education in Virginia.
More "Family Values" Hypocrisy
You have to love it. Republicans go around blathering about family values constantly, but it seems that nine times out of ten when news of kinky sex interests come out, it's a member of the GOP involved. The latest case in point involves a $2,000 GOP expenditure for a lesbian/bondage themed club in California. Needless to say, the Bible thumpers are NOT happy that someone actually was having fun being titillated by the kink that the holy rollers dream about secretly. You have to love it!! The above clip from Blue Virginia describes the "family fun" at Voyeur West Hollywood. In addition to the sex club, expenditures involved private jets and huge bills at luxury hotels. And these folks say TEH gays are the freaky ones!
Monday, March 29, 2010
Oklahoma Lawmakers Pass Wrong Hate Crimes Bill
A while back I wrote about the passage of a bill by the Oklahoma State Senate that sought to nullify the effectiveness of the federal hate crimes bill that protects victims of violence based on their sexual orientation. The Bible beaters in Sally Kern land, however, are none too bright apparently - something I don't find surprising - and in passing their Christianist supported bill, the morons screwed up the bill's language and rather than blocking the hate crimes bill they targeted, ostensibly their bill barred the state from reporting hate crimes based on race and religion instead. Personally, I find the idiocy of the Okies hysterical and it truly suggests that someone will be finding their ass in a sling now that the state has made itself look even more ridiculous. Not only are the homo haters bigots, but they are incompetent bigots to boot. Here are some highlights from The Advocate:
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Lawmakers in Oklahoma thought they’d figured out a way to exempt the state from enforcing the Matthew Shepard and James Byrd Act, which added protections based on sexual orientation and gender identity to the federal hate crimes act. But thanks to “a legislative error,” the Oklahoma senate has instead passed a bill that sidesteps protections based on race and religion.
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Senate Bill 1965, passed on March 10, states that local enforcement agencies should not enforce any sections of federal law listed under Title 18 U.S. Code Section 245 unless they are already covered by state law. But it’s Section 249, not 245, where sexual orientation and gender identity protections are listed. Section 245 outlines protections based on race and religion.
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Now that the mistake has been made public, the bill has little chance of getting through the House, according to Sarah Warbelow, the Human Rights Campaign’s state legislative director.
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Just perhaps the state would be better served by less Bible beating and religious based hate and more learning how to read and double check citations.
Lawmakers in Oklahoma thought they’d figured out a way to exempt the state from enforcing the Matthew Shepard and James Byrd Act, which added protections based on sexual orientation and gender identity to the federal hate crimes act. But thanks to “a legislative error,” the Oklahoma senate has instead passed a bill that sidesteps protections based on race and religion.
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Senate Bill 1965, passed on March 10, states that local enforcement agencies should not enforce any sections of federal law listed under Title 18 U.S. Code Section 245 unless they are already covered by state law. But it’s Section 249, not 245, where sexual orientation and gender identity protections are listed. Section 245 outlines protections based on race and religion.
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Now that the mistake has been made public, the bill has little chance of getting through the House, according to Sarah Warbelow, the Human Rights Campaign’s state legislative director.
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Just perhaps the state would be better served by less Bible beating and religious based hate and more learning how to read and double check citations.
Ricky Martin: I'm a Fortunate Homosexual Man
Ending years of conjecture and gossip by some in the gay community, singer Ricky Martin has "come out" and stated that he is gay. I've always found Ricky to be a cutie and wondered if and when he'd put fear behind him and come out of the closet. Personally, there are few things I have experienced in life that have been more liberating than finally being able to just be who you are with no more pretense - typically aimed at pleasing others or generated by fear of rejection. I applaud Martin's decision and believe that as he and others come out and live openly, it can only help demolish the stereotypes that our enemies seek to perpetrate against us. I truly identify with Martin's desire to be who he truly is as an example to his children. Living a false existence to please others definitely is not the one that I want to leave as a legacy for my children. As much as my coming out has caused massive upheaval, I truly hope that my children have learned that they must be true to themselves and live their lives for themselves and as who they were intended to be by our common creator. Ricky has details on his website here. Meanwhile, here are highlights from CNN:
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Pop singer Ricky Martin declared publicly this week what he avoided discussing for years: He is gay. I am proud to say that I am a fortunate homosexual man," Martin wrote on his official Web site. "I am very blessed to be who I am."
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A decade ago, when ABC's Barbara Walters pressed Martin to address rumors about his sexuality, he declined to confirm or deny them. "I just don't feel like it," Martin said. Now, Martin wrote, "these years in silence and reflection made me stronger and reminded me that acceptance has to come from within and that this kind of truth gives me the power to conquer emotions I didn't even know existed."
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"Allowing myself to be seduced by fear and insecurity became a self-fulfilling prophecy of sabotage," he wrote. "Today I take full responsibility for my decisions and my actions." The decision to come out was initiated a few months ago, when he began writing his memoirs, he said. "I got very close to my truth," he wrote.
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Martin said that disclosing his secret is important because of his two sons, born via surrogate. "To keep living as I did up until today would be to indirectly diminish the glow that my kids where born with," he wrote. "Enough is enough. This has to change. This was not supposed to happen five or 10 years ago, it is supposed to happen now. Today is my day, this is my time, and this is my moment."Writing the seven paragraphs, he said, "is a solid step towards my inner peace and vital part of my evolution." "What will happen from now on? It doesn't matter.
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Pop singer Ricky Martin declared publicly this week what he avoided discussing for years: He is gay. I am proud to say that I am a fortunate homosexual man," Martin wrote on his official Web site. "I am very blessed to be who I am."
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A decade ago, when ABC's Barbara Walters pressed Martin to address rumors about his sexuality, he declined to confirm or deny them. "I just don't feel like it," Martin said. Now, Martin wrote, "these years in silence and reflection made me stronger and reminded me that acceptance has to come from within and that this kind of truth gives me the power to conquer emotions I didn't even know existed."
*
"Allowing myself to be seduced by fear and insecurity became a self-fulfilling prophecy of sabotage," he wrote. "Today I take full responsibility for my decisions and my actions." The decision to come out was initiated a few months ago, when he began writing his memoirs, he said. "I got very close to my truth," he wrote.
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Martin said that disclosing his secret is important because of his two sons, born via surrogate. "To keep living as I did up until today would be to indirectly diminish the glow that my kids where born with," he wrote. "Enough is enough. This has to change. This was not supposed to happen five or 10 years ago, it is supposed to happen now. Today is my day, this is my time, and this is my moment."Writing the seven paragraphs, he said, "is a solid step towards my inner peace and vital part of my evolution." "What will happen from now on? It doesn't matter.
Christianist "Warrior" Militants Raided by FBI
With the rise of the tea party crowd and the increased hysteria among some of the professional Christian set, I guess it was only a matter of time before some of the more unhinged among the false Christians would move on to violence and murder. As multiple media outlets are reporting, the FBI and other law enforcement officers have taken into custody all but one of a group of militant Christianists who were plotting to murder a law enforcement officer and then attack the victim's funeral procession in order to kill more police and law enforcement officials. A copy of the federal indictment can be read here. It is mind boggling how the Gospel of loving God and loving your neighbor as yourself has become so perverted by self-anointed Christians. In my opinion, too many people continue to turn a blind eye to these prospective domestic terrorists who seem more defined by those they hate than their desire to follow the Gospel message of Christ. As much as the Republicans - i.e., think Sarah Palin, Michelle Bachmann, Ken Cuccinelli, et al - would like to deny any responsibility, their false allegations against Democrats, gays, progressives, Hispanics and those they label as "other" can only have served to motivate individuals like those covered by the indictment. Here are highlights from CNN (Gawker also has details):
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Nine people federal prosecutors say belong to a "Christian warrior" militia were accused Monday of plotting to kill a Michigan law enforcement officer and then attack other police at the funeral.
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Six Michigan residents, two residents of Ohio and an Indiana resident were indicted by a federal grand jury in Detroit, Michigan, on charges of seditious conspiracy, attempted use of weapons of mass destruction, teaching the use of explosive materials and possessing a firearm during a crime of violence, U.S. Attorney Barbara L. McQuade and FBI Special Agent in Charge Andrew Arena announced.
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All but one of the suspects -- Joshua Matthew Stone, the 21-year-old son of the militia's leader -- were in custody by Monday morning and seven of them made their initial appearances before U.S. Magistrate Judge Donald A. Scheer, prosecutors said.
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The five-count indictment unsealed Monday charges that between August 2008 and the present, the defendants, acting as a Lenawee County, Michigan, militia group called the Hutaree, conspired to use force to oppose the authority of the U.S. government.
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Attorney General Eric Holder called it "an insidious plan by anti-government extremists." The group says on its Web site that Hutaree means "Christian warrior" and proclaims on its home page, "Preparing for the end time battles to keep the testimony of Jesus Christ alive."
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In the "About Us" section of the Hutaree Web site, the group says, "We believe that one day, as prophecy says, there will be an Anti-Christ. All Christians must know this and prepare, just as Christ commanded."
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According to the indictment, Hutaree members view local, state and federal law enforcement authorities as the enemy and have been preparing to engage them in armed conflict.
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The indictment alleges that the Hutaree planned to kill an unidentified law enforcement officer in Michigan and then attack officers and others who would gather for the funeral. According to the plan, the indictment says, the Hutaree wanted to use improvised explosive devices to attack law enforcement vehicles during the funeral procession. The indictment says those explosive devices, commonly called IEDs, constitute weapons of mass destruction.
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Subsequently, the indictment says, Hutaree leader David Brian Stone obtained information about IEDs over the Internet and e-mailed diagrams to a person he believed could manufacture them. He then had one of his sons, Joshua Matthew Stone, and others gather materials necessary to manufacture IEDs, the indictment alleges.
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Sadly, the Hutaree actions are the logical extension of the constant hysterics and disingenuous dissemination of falsehoods by groups like The Family Foundation, Traditional Values Coalition, The American Family Association, Family Research Council, and Focus on the Family, not to mention the talking head of the ultra far right like Glenn Beck and Rush Limbaugh
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Nine people federal prosecutors say belong to a "Christian warrior" militia were accused Monday of plotting to kill a Michigan law enforcement officer and then attack other police at the funeral.
*
Six Michigan residents, two residents of Ohio and an Indiana resident were indicted by a federal grand jury in Detroit, Michigan, on charges of seditious conspiracy, attempted use of weapons of mass destruction, teaching the use of explosive materials and possessing a firearm during a crime of violence, U.S. Attorney Barbara L. McQuade and FBI Special Agent in Charge Andrew Arena announced.
*
All but one of the suspects -- Joshua Matthew Stone, the 21-year-old son of the militia's leader -- were in custody by Monday morning and seven of them made their initial appearances before U.S. Magistrate Judge Donald A. Scheer, prosecutors said.
*
The five-count indictment unsealed Monday charges that between August 2008 and the present, the defendants, acting as a Lenawee County, Michigan, militia group called the Hutaree, conspired to use force to oppose the authority of the U.S. government.
*
Attorney General Eric Holder called it "an insidious plan by anti-government extremists." The group says on its Web site that Hutaree means "Christian warrior" and proclaims on its home page, "Preparing for the end time battles to keep the testimony of Jesus Christ alive."
*
In the "About Us" section of the Hutaree Web site, the group says, "We believe that one day, as prophecy says, there will be an Anti-Christ. All Christians must know this and prepare, just as Christ commanded."
*
According to the indictment, Hutaree members view local, state and federal law enforcement authorities as the enemy and have been preparing to engage them in armed conflict.
*
The indictment alleges that the Hutaree planned to kill an unidentified law enforcement officer in Michigan and then attack officers and others who would gather for the funeral. According to the plan, the indictment says, the Hutaree wanted to use improvised explosive devices to attack law enforcement vehicles during the funeral procession. The indictment says those explosive devices, commonly called IEDs, constitute weapons of mass destruction.
*
Subsequently, the indictment says, Hutaree leader David Brian Stone obtained information about IEDs over the Internet and e-mailed diagrams to a person he believed could manufacture them. He then had one of his sons, Joshua Matthew Stone, and others gather materials necessary to manufacture IEDs, the indictment alleges.
*
Sadly, the Hutaree actions are the logical extension of the constant hysterics and disingenuous dissemination of falsehoods by groups like The Family Foundation, Traditional Values Coalition, The American Family Association, Family Research Council, and Focus on the Family, not to mention the talking head of the ultra far right like Glenn Beck and Rush Limbaugh
The Legal Assault on Health Reforms
As readers well know at this point, I support reforms to America's broken health care system which up until now has left millions without health care coverage and forced these individuals to either fore go needed treatment or often seek it through non-profit hospital emergency rooms which is among the least cost effective routes possible, but one of the few that was available to the uninsured. Sadly, there are many in the USA - mostly Republicans and tea party loons - that continue to see other citizens as disposable commodities and while wearing their religion on their sleeves - e.g., Virginia's Ken Cuccinelli - are among the least Christian acting and most hate filled one can encounter. Moreover, in the realm of politicians, these opponents of reform are a combination of grand standers for insane elements within their party base or equally deranged themselves. The New York Times has an on point editorial on those who would torpedo health care reform. Here are highlights:
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No sooner had President Obama signed comprehensive health care reform than the attorneys general of 14 states scurried to the federal courts to challenge the law. Their claims range from far-fetched to arguable and look mostly like political posturing for the fall elections or a “Hail Mary” pass by disgruntled conservatives who cannot accept what Congress and the president have done.
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There are two separate suits by the attorneys general. The main one, led by Bill McCollum, a Florida Republican, has been joined by 12 other attorneys general, all but one Republicans. Many if not most are either running for higher office or seeking re-election. A separate suit by Virginia’s Republican attorney general is based on that state’s attempt (sure to be ineffective) to nullify the federal law by enacting a state law declaring that Virginians need not obey it.
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[T]wo provisions in the Constitution give Congress broad powers to regulate economic activity — the power to impose taxes for the general welfare and the power to regulate interstate commerce. The new law has been framed to fall within both of those provisions. The penalties for not buying insurance have been structured as a tax, to be collected by the Internal Revenue Service. And the law’s text includes a series of Congressional findings: that health insurance and health care comprise a significant part of the economy, that most policies are sold and claims paid through interstate commerce, and that the mandate is essential to achieving the goals of creating effective health insurance markets and achieving near-universal coverage.
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Such findings don’t make the new law bullet-proof, but they help to insulate it from attack. It seems a long shot that the Supreme Court would invalidate the mandate, if the cases ever reach that level.
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The attorneys general are doing a disservice to their constituents by opposing Medicaid expansion and a mandate that everyone buy insurance, with subsidies for low- and middle-income people. The mandates are needed to push enough healthy young people into insurance pools to help subsidize the cost of covering sicker people and make it feasible for insurers to cover people with pre-existing conditions. Alternative approaches to entice people to obtain coverage would likely be less successful.
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No sooner had President Obama signed comprehensive health care reform than the attorneys general of 14 states scurried to the federal courts to challenge the law. Their claims range from far-fetched to arguable and look mostly like political posturing for the fall elections or a “Hail Mary” pass by disgruntled conservatives who cannot accept what Congress and the president have done.
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There are two separate suits by the attorneys general. The main one, led by Bill McCollum, a Florida Republican, has been joined by 12 other attorneys general, all but one Republicans. Many if not most are either running for higher office or seeking re-election. A separate suit by Virginia’s Republican attorney general is based on that state’s attempt (sure to be ineffective) to nullify the federal law by enacting a state law declaring that Virginians need not obey it.
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[T]wo provisions in the Constitution give Congress broad powers to regulate economic activity — the power to impose taxes for the general welfare and the power to regulate interstate commerce. The new law has been framed to fall within both of those provisions. The penalties for not buying insurance have been structured as a tax, to be collected by the Internal Revenue Service. And the law’s text includes a series of Congressional findings: that health insurance and health care comprise a significant part of the economy, that most policies are sold and claims paid through interstate commerce, and that the mandate is essential to achieving the goals of creating effective health insurance markets and achieving near-universal coverage.
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Such findings don’t make the new law bullet-proof, but they help to insulate it from attack. It seems a long shot that the Supreme Court would invalidate the mandate, if the cases ever reach that level.
*
The attorneys general are doing a disservice to their constituents by opposing Medicaid expansion and a mandate that everyone buy insurance, with subsidies for low- and middle-income people. The mandates are needed to push enough healthy young people into insurance pools to help subsidize the cost of covering sicker people and make it feasible for insurers to cover people with pre-existing conditions. Alternative approaches to entice people to obtain coverage would likely be less successful.
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In the case of Cuccinelli, he clearly does not represent - or care about - most Virginians. He is on a delusional crusade to make Virginia conform to the alternate universe in which he resides. Nothing and no one else matters. It is a scary prospect.
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