Clinton Gives Historic Speech On LGBT Human Rights

The Obama Administration issued a Presidential Memorandum today announcing various initiatives to advance the human rights of LGBT citizens throughout the world.The Memorandum directs federal agencies to take specific actions to promote international LGBT human rights.

Here's the text of the Memorandum:

MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES

SUBJECT: International Initiatives to Advance the Human Rights of Lesbian, Gay, Bisexual, and Transgender Persons

The struggle to end discrimination against lesbian, gay, bisexual, and transgender (LGBT) persons is a global challenge, and one that is central to the United States commitment to promoting human rights.  I am deeply concerned by the violence and discrimination targeting LGBT persons around the world    whether it is passing laws that criminalize LGBT status, beating citizens simply for joining peaceful LGBT pride celebrations, or killing men, women, and children for their perceived sexual orientation.  That is why I declared before heads of state gathered at the United Nations, "no country should deny people their rights because of who they love, which is why we must stand up for the rights of gays and lesbians everywhere."  Under my Administration, agencies engaged abroad have already begun taking action to promote the fundamental human rights of LGBT persons everywhere.  Our deep commitment to advancing the human rights of all people is strengthened when we as the United States bring our tools to bear to vigorously advance this goal.

By this memorandum I am directing all agencies engaged abroad to ensure that U.S. diplomacy and foreign assistance promote and protect the human rights of LGBT persons.  Specifically, I direct the following actions, consistent with applicable law:

Section 1.  Combating Criminalization of LGBT Status or Conduct Abroad.  Agencies engaged abroad are directed to strengthen existing efforts to effectively combat the criminalization by foreign governments of LGBT status or conduct and to expand efforts to combat discrimination, homophobia, and intolerance on the basis of LGBT status or conduct.

Sec. 2.  Protecting Vulnerable LGBT Refugees and Asylum Seekers.  Those LGBT persons who seek refuge from violence and persecution face daunting challenges.  In order to improve protection for LGBT refugees and asylum seekers at all stages of displacement, the Departments of State and Homeland Security shall enhance their ongoing efforts to ensure that LGBT refugees and asylum seekers have equal access to protection and assistance, particularly in countries of first asylum.  In addition, the Departments of State, Justice, and Homeland Security shall ensure appropriate training is in place so that relevant Federal Government personnel and key partners can effectively address the protection of LGBT refugees and asylum seekers, including by providing to them adequate assistance and ensuring that the

Federal Government has the ability to identify and expedite resettlement of highly vulnerable persons with urgent protection needs.

Sec. 3.  Foreign Assistance to Protect Human Rights and Advance Nondiscrimination.  Agencies involved with foreign aid, assistance, and development shall enhance their ongoing efforts to ensure regular Federal Government engagement with governments, citizens, civil society, and the private sector in order to build respect for the human rights of LGBT persons.

Sec. 4.  Swift and Meaningful U.S. Responses to Human Rights Abuses of LGBT Persons Abroad.  The Department of State shall lead a standing group, with appropriate interagency representation, to help ensure the Federal Government's swift and meaningful response to serious incidents that threaten the human rights of LGBT persons abroad.

Sec. 5.  Engaging International Organizations in the Fight Against LGBT Discrimination.  Multilateral fora and international organizations are key vehicles to promote respect for the human rights of LGBT persons and to bring global attention to LGBT issues.  Building on the State Department's leadership in this area, agencies engaged abroad should strengthen the work they have begun and initiate additional efforts in these multilateral fora and organizations to:  counter discrimination on the basis of LGBT status; broaden the number of countries willing to support and defend LGBT issues in the multilateral arena; strengthen the role of civil society advocates on behalf of LGBT issues within and through multilateral fora; and strengthen the policies and programming of multilateral institutions on LGBT issues.

Sec. 6.  Reporting on Progress.  All agencies engaged abroad shall prepare a report within 180 days of the date of this memorandum, and annually thereafter, on their progress toward advancing these initiatives.  All such agencies shall submit their reports to the Department of State, which will compile a report on the Federal Government's progress in advancing these initiatives for transmittal to the President.

Sec. 7.  Definitions.  (a)  For the purposes of this memorandum, agencies engaged abroad include the Departments of State, the Treasury, Defense, Justice, Agriculture, Commerce, Health and Human Services, and Homeland Security, the United States Agency for International Development (USAID), the Millennium Challenge Corporation, the Export Import Bank, the United States Trade Representative, and such other agencies as the President may designate.

(b)  For the purposes of this memorandum, agencies involved with foreign aid, assistance, and development include the Departments of State, the Treasury, Defense, Justice, Health and Human Services, and Homeland Security, the USAID, the Millennium Challenge Corporation, the Export Import Bank, the United States Trade Representative, and such other agencies as the President may designate.

This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

The Secretary of State is hereby authorized and directed to publish this memorandum in the Federal Register.

BARACK OBAMA

On the same day the Memorandum was announced, Secretary of State Hillary Clinton gave an amazing speech about international LGBT human rights in Geneva, Switzerland and the State Department released a list of accomplishments they have done to advance the human rights of LGBT persons globally.

133 House Members Sign Brief Challenging DOMA

133 Democratc congressmembers signed their names to a brief filed before the 1st U.S. Circuit Court of Appeals in the case of Gill v Office of Personnel Management in which the central question is whether the  so-called Defense of Marriage Act (DOMA) is unconstitutional.

The case was brought (and won) by Gay and Lesbian Advocates and Defenders before U.S. District Court judge Joseph Tauro in July 2009. The Department of Justice appealed the decision, but then in February 2011 the United States changed sides in the case after the President determined that DOMA is inherently unconstitutional and laws that discriminate on the basis of sexual orientation warrant heightened scrutiny.

DOMA is being defended in federal court by superlawyer Paul Clement for BLAG, the Bipartisan Legal Advisory Group, on behalf of the U.S. House Republican majority.

Hat/tip to Joe.My.God

Lesbian Federal Judicial Nominee Confirmed 48-44

Ridiculous!! A;most every Republican Senator, even Maine Senators Olympia Snowe and Susan Collins voted against the nomination of out lesbian Ali Nathan to have a lifetime appointment as a federal judge on Thursday. The nomination was approved by the surprisingly close vote of 48 Aye, 44 No.

Chris Geidner at MetroWeekly's Poliglot has the scoop:

Nathan, an out lesbian, will be the second out lesbian federal judge with lifetime tenure in the country, joining U.S. District Court Judge Deborah Batts on the bench of the Southern District of New York.
White House spokesman Shin Inouye praised the Senate action, writing, "The President welcomes the confirmation of Alison Nathan. She will serve the American people well from the District Court bench."


Five members of the Democratic caucus did not vote for Nathan's nomination, and no Republicans voted for it. Less than three months ago, U.S. District Court Judge J. Paul Oeken, was confirmed with the support of 28 Republicans. Oetken also sits on the Southern District of New York bench and currently is the only out gay male judge serving in one of the lifetime tenure positions in the federal judiciary.


Four Democrats not voting today were Sens. Kay Hagan (D-N.C.), Tom Harkin (D-Iowa), Joe Manchin (D-W.V.) and Debbie Stabenow (D-Mich.). Sen. Joseph Lieberman (I-Conn.), who caucuses with the Democrats, also did not vote. The three Republicans not voting were Sens. Tom Coburn (R-Okla.), Richard Lugar (R-Ind.) and David Vitter (R-La.).

It just goes to show you how much more seriously conservatives take the federal judiciary than liberals when they were willing to vote against this amazingly well-qualified person for basically illusory reasons.

LGBT Icon Frank Kameny Dead At 86

Wow... Just days after my friend (and longtime lesbian activist) Paula Ettelbrick died, the LGBT community has lost one of it's wise elders: Frank Kameny, who was a gay rights pioneer, starting his activism in the 1950s.

The Washington Post covers Kameny's death thusly:

Mr. Kameny, a Harvard PhD whose homosexuality led to his discharge from a federal government job more than half a century ago, lived to see his years of determined advocacy rewarded by the success of many of his campaigns and by his ultimate welcome from a political establishment that had rejected him.

His death, apparently on National Coming Out Day, occurred in a year in which gay men and lesbians were accorded the right toserve openly in the armed forces, as David A. Catania (I-At Large), the D.C. Council’s first openly gay member, noted Tuesday night.

[...]

In what appeared to be one of the great triumphs of Mr. Kameny’s often lonely, uphill struggle, the protest signs that he once carried in front of the White House were put on display in the Smithsonian Institution four years ago, to be viewed along with the museum’s other reminders of the course of U.S. history. 

Mr. Kameny said he created the slogan “Gay Is Good.” In their pungent succinctness, the words both suggested his rhetorical skills and embodied the beliefs that he championed.

Years before the gay rights movement existed in any widely recognized form and in an era in which open assertion of homosexuality could invite physical harm, Mr. Kameny worked to increase the acceptance of gay men and lesbians in mainstream American society and to win recognition of their equality under the law.

Among the many advances Kameny is credited with working for and seeing come to fruition include: a public apology from the federal government in 2009 for firing him 50 years before; the repeal of the District of Columbia sodomy law; an executive order signed by President Clinton eliminating sexual orientation as a category for denying security clearances; an openly gay man appointed by President Obama as head of the Office of Personnel Management; and the founding of the Mattachine Society, one of the first gay rights organizations in the 1950s.

READ: Letter From 67 U.S. Reps To DHS Napolitano

LGBT Immigration Letter to DHS Sec Napolitano By U.S. Reps

DADT Ends Today!

The United States Army published the above letter (reproduced above) which announces the welcoming of all soldiers regardless of sexual orientation into the Armed Forces, i.e. the end of the "Don't Ask, Don't Tell" policy.

The letter begins:

Today marks the end of "Don't Ask, Don't Tell." The law is repealed. From this day forward, gay and lesbian Soldiers may serve in our Army with the dignity and respect they deserve. Our rules, regulations and policies reflect the repeal guidance issued by the Department of Defense  and will apply uniformly without regard to sexual orientation, which is a personal and private matter.

The letter was signed by John McHugh, Secretary of the Army, General Ray Odierno, Chief of Staff of the U.S. Army and Raymond F. Chandler III, Sergeant Major of the Army. The end of the policy goes into effect at 12:01am on September 20, 2011. It went into effect on December 21, 1993.

Obama Diversifies Federal Judiciary

Bernice Donald has been confirmed by the U.S. Senate to be the
first  Black woman on the 6th U.S. Circuit Court of Appeals

Now this is a lovely feel-good story! According to the Huffington Post, the nation's first President who is not a White male has become the first President to have a majority of his federal judiciary nominees be non white males, or "non-traditional."

More than 70 percent of Obama's confirmed judicial nominees during his first two years were "non-traditional," or nominees who were not white males. That far exceeds the percentages in the two-term administrations of Bill Clinton (48.1 percent) and George W. Bush (32.9 percent), according to Sheldon Goldman, author of the authoritative book "Picking Federal Judges."


[...]

Of the 98 Obama nominees confirmed to date, the administration says 21 percent are African-American, 11 percent are Hispanic, 7 percent are Asian-American and almost half – 47 percent – are women. By comparison, of the 322 judges confirmed during George W. Bush's presidency, 18 percent were minorities and 22 percent were female. Of the 372 judges confirmed during Clinton's terms, 25 percent were minorities and 29 percent were women. In these figures, some judges fit into more than one category.

Last week, the Senate confirmed the first African-American woman to sit on the 6th U.S. Circuit Court of Appeals in Cincinnati, Bernice Donald. Earlier, she was the first African-American woman elected as a judge in Tennessee, the first appointed as federal bankruptcy judge in the nation and first confirmed as a U.S. district judge in Tennessee.

Obama also has doubled the number of Asian-Americans sitting on the federal bench, including adding Denny Chin to the 2nd U.S. Circuit Court of Appeals in New York as the only active Asian federal appeals court judge. There currently are 14 Asian-American federal judges on the 810-judge roster.


[...]


For more than 140 years, there were no females or minorities among the nation's federal judges.

Read that last line again. For the first 140 years (of the 220 years they have been in existence) the federal courts had zero racial or gender diversity. And I'm pretty sure that's just the way Republicans would prefer it to be!

CDC Releases New Data on HIV Infections 2006-2009

The Centers for Disease Control and Prevention released their latest analysis of HIV infections from 2006-2009 today. The full report (pdf) is available online. This is the first time the CDC has been able to estimate HIV infections from actual HIV test data, thanks to the passage of HIV names reporting legislation which has been enacted by several states (including California) in recent years. 2009 is the most recent year for which data is available so far.

A key excerpt from the press release:

According to the new estimates, there were 48,600 new HIV infections in the United States in 2006, 56,000 in 2007, 47,800 in 2008 and 48,100 in 2009.  The multi-year incidence estimates allow for a reliable examination of trends over time.  They reveal no statistically significant change in HIV incidence overall from 2006 to 2009, with an average of 50,000 for the four-year period.  In 2009, the largest number of new infections was among white MSM (11,400), followed closely by black MSM (10,800).  Hispanic MSM (6,000) and black women (5,400) were also heavily affected.   

“While we’re encouraged that prevention efforts have helped avoid overall increases in HIV infections in the United States, and have significantly reduced new infections from the peak in the mid-1980s, we have plateaued at an unacceptably high level,” said Kevin Fenton, M.D., director of CDC’s National Center for HIV/AIDS, Viral Hepatitis, STD and TB Prevention.  “Without intensified HIV prevention efforts, we are likely to face an era of rising infection rates and higher health care costs for a preventable condition that already affects more than one million people in this country.”

Some of the key take-aways from the report are:

• Overall HIV incidence in the U.S. has been relatively stable, with approximately 50,000 annual new infections

• New infections among young men who have sex with men (MSM) increased 34% between 2006 and 1009

• Young, black MSM (aged 13-29) is the only subpopulation in the U.S. to experience a statistically significant increase from 2006 through 2009
• New HIV infections increased 48% – from 4,400 in 2006 to 6,500 in 2009

• The new data confirm that HIV continues to disproportionately affect MSM of all races/ethnicities
• MSM represent 2% of the total U.S. population, but accounted for 61% all new HIV infections in 2009
• Among MSM in 2009, white MSM represented the greatest number of new HIV infections (11,400), followed closely by black MSM (10,800) and Hispanic MSM (6,000)
  

Read that line again: "MSM represent 2% of the total U.S. population, but accounted for 61% all new HIV infections in 2009." People who says HIV/AIDS is not a "gay" issue don't know what the heck they are talking about!

Obama Names 4th LGBT Judicial Nominee

Michael Fitzegerald becomes President Obama's

4th openly LGBT nominee to the federal judiciary

Wow! Just days after Paul Oetken became the first openly gay man was confirmed as a U.S. District Court judge to the Souther District of New York, President Obama has named a 4th openly LGBT individual to become a federal judge with lifetime appointment. He is Michael Fitzgerald and joins Ali Nathan, J. Paul Oetken and Ed Dumont as openly LGBT federal judicial nominees of the Obama administration. The Oetken nomination has passed the Senate, the Nathan nomination is on the floor and there is no scheduled action on the Dumont nomination planned.

Here's the press release from the White House on the Fitzgerald nomination:

THE WHITE HOUSE

Office of the Press Secretary

_________________________________________________________________________________

FOR IMMEDIATE RELEASE

July 20, 2011

President Obama Nominates Michael Walter Fitzgerald to the U.S. District Court for the Central District of California

WASHINGTON, DC – Today, President Obama announced his nomination of Michael Walter Fitzgerald to the United States District Court for the Central District of California. 

"I am honored to nominate Michael Walter Fitzgerald to the United States District Court," President Obama said.  "His impressive career stands as a testament to his formidable intellect and integrity.  I am confident he will serve the people of California with distinction on the District Court bench."

Michael Walter Fitzgerald: Nominee for United States District Judge for the Central District of California

Michael Walter Fitzgerald has been a named partner at the law firm of Corbin, Fitzgerald & Athey LLP in Los Angeles, California since 1998, where he handles civil and criminal litigation in both federal and state courts.   Previously, he worked at the Law Offices of Robert L. Corbin PC from 1995 to 1998 and at the law firm of Heller, Ehrman, White & McAuliffe from 1991 to 1995.  Between 1988 and 1991, Fitzgerald served as an Assistant United States Attorney in Los Angeles.  Upon graduation from law school, he clerked for the Honorable Irving R. Kaufman of the United States Court of Appeals for the Second Circuit.  Fitzgerald received his J.D. in 1985 from the University of California, Berkeley School of Law (Boalt Hall) and his A.B. magna cum laude in 1981 from Harvard University.

### 

US Applies Crack Sentencing Reform Retroactively

News you might have missed over the weekend: The U.S. Sentencing Commission has decided (unanimously!) to follow the lead of Congressional action in reducing the penalty disparity between powder cocaine and crack cocaine from 100:1 to 18:1 (still not what it should be which is 1:1) and apply these lesser penalties retroactively to (primarily Black and Brown) people who are currently serving excessive time in jail for crimes involving crack:

The Los Angeles Times has the story:

About 12,000 federal prisoners nationwide may soon be going home, some as much as three years early, under a U.S. Sentencing Commission decision to allow retroactive reductions in prison terms for inmates convicted of crack cocaine offenses.
The commission voted unanimously Thursday to bring "unfairly long sentences" for crack offenders, mostly African Americans, more in line with the shorter terms given to powder cocaine offenders, often white and sometimes affluent.

Patti B. Saris, the panel's chairwoman, said that when Congress passed the Fair Sentencing Act last year, it "recognized the fundamental unfairness of federal cocaine sentencing policy," and the commission sought to bridge the disparity between the two prison sentences.
"Justice demands this result," added Ketanji Brown Jackson, the commission's vice chairman.
When the reductions go into effect in November, the average crack sentence will be cut by about 37 months, and the federal Bureau of Prisoners said the reductions could save more than $200 million in the next five years. Nearly 6% of the federal inmate population would be released.
The reductions are not automatic. Prisoners must file a petition, and will be required to show they are no longer a risk to society. Inmates who used weapons in their crimes or have lengthy criminal histories may not be eligible.
The commission's mail, about 43,500 letters and emails, ran overwhelmingly in favor of the reductions. The Sentencing Project, a Washington group that pushes for reform in sentencing laws, also strongly encouraged approval of the reductions.
Kara Gotsch, director of advocacy for the Sentencing Project, said the panel's vote "confirms that fairness and equal treatment under the law are fundamental principles of our criminal justice system."
But Republicans, most notably Rep. Lamar Smith of Texas, chairman of the House Judiciary Committee, opposed the reductions. He had lobbied the commission not to grant the early releases, warning it "merely gets criminals back into action faster."

Good ol' boy Lamar Smith of Texas, always willing to stand up and demonstrate why people should never vote for Republicans. Thanks!

The main take-away is that this move is a move in the right direction towards adding some sanity to what is our insane "War on drugs" public policy.

UN Passes Historic Resolution On LGBT Rights

The United Nations has passed a landmark resolution acknowledging that LGBT rights are human rights. The  United Nations Human Rights Council has formally adopted the resolution I blogged about earlier by a vote of 23 in favor, 19 opposed and 3 abstentions (very close!).

The list of which countries voted which way is provied by TransGriot:

The UN resolution passed with 23 countries voting in favor, 19 countries against and 3 countries abstaining

The nations voting YES were: Argentina, Belgium, Brazil, Chile, Cuba, Ecuador, France, Guatemala, Hungary, Japan, Mauritius, Mexico, Norway, Poland, Republic of Korea, Slovakia, Spain, Switzerland, Ukraine, Thailand, UK, USA, Uruguay.

The nations voting NO were:  Angola, Bahrain, Bangladesh, Cameroon, Djibouti, Gabon, Ghana, Jordan, Malaysia, Maldives, Mauritania, Nigeria, Pakistan, Qatar, Moldova, Russian Federation, Saudi Arabia, Senegal, Uganda.

Abstentions: Burkina Faso, China, Zambia

Absent: Kyrgyzstan, Libya (suspended)

The resolution text includes (pdf):

Expressing grave concern at acts of violence and discrimination, in all regions of the world, committed against individuals because of their sexual orientation and gender identity

1.  Requests the High Commissioner to commission a study to be finalised by December 2011, to document discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity, in all regions of the world, and how international human rights law can be used to end violence and related human rights violations based on sexual orientation and gender identity;

2.  Decides to cenvene a panel discussion during the 19th session of the Human Rights Council, informed by the facts contained in the study commissioned by the High Commissioner and to have constructive, informed and transparent dialogue on the issue of discriminatory laws and lractices and acts of violence against individuals based on their sexual orientation and gender identity;

3.  Decides also that the panel will also discuss the appropriate follow-up to the recommendations of the study commissioned by the High Commissioner;

4.  Decides to remain seized of this priority issue.

Note that the United States voted in favor of the resolution, which was sponsored by Brazil and South Africa. Recall that, the next time some idiot tells you it doesn't matter if Obama or a Republican is President.

Obama Administration List of LGBT Commitments

The Obama Administration’s Commitment to Winning the Future for the LGBT Community