WATCH: Sh*t Homophobic People Say

ACLU Sues Michigan Over Anti-Gay DP Benefits Law

Previously MadProfessah had blogged about a new discriminatory law signed into effect by Republican Governor Rick Snyder which would ban public employees (at the state, county, or city level) from receiving benefits based on domestic partner status. Now comes word that the American Civil Liberties Union is suing the Governor and the state of Michigan to strike down the law in court.

The case is known as Bassett v. Snyder:

The lawsuit charges that the new law discriminates by categorically denying domestic partners access to benefits and violates the constitutional right to equal protection by forcing gay and lesbian employees in committed relationships to carry the financial hardship and anxiety of being uninsured, while allowing heterosexual couples to marry and receive family health protections. In addition, the law only bars domestic partners from receiving health care coverage, while allowing government employers to offer benefits to all other family members, including parents, siblings, uncles and cousins.

“It’s unconstitutional for the state of Michigan to deprive a small number of workers the means to take care of their loved ones when other similarly situated workers do have access to family coverage,” said Amanda C. Goad, staff attorney for the ACLU LGBT Project. “In an economic downturn, the state should be passing laws to make it easier for families to take care of each other, not to take protections away.”

Proponents point to the “high cost” of domestic partner health care coverage as the motivating force to enact such a law. However, an analysis of programs across the state proves these numbers to be wildly inaccurate. In fact, studies show such coverage, in addition to attracting and retaining the best employees, costs well under one percent of the health care budget of public employers who voluntarily provide these benefits. In addition, unlike married couples, domestic partners must pay taxes to the state on their health insurance benefits – revenue the state would lose under the new law.

As Ari Ezra Waldman over at TowleRoad comments, this case is really about more than just domestic partnership benefits, it's about whether the state can discriminate on the basis of sexual orientation without a legitimate governmental purpose or compelling justification.

The answer is, of course, "heck no!"

Godless Wednesday: Catholic Charities Got $2.9B in 2010 Federal Funds

The New York Times recently ran an article summarizing a new front in the ongoing kulturkampf (culture wars): the claim by Catholic officials that they are being discriminated against due to their religious beliefs by advances in LGBT equality.

This graf in particular struck my eye:

Catholic Charities is one of the nation’s most extensive social service networks, serving more than 10 million poor adults and children of many faiths across the country. It is made up of local affiliates that answer to local bishops and dioceses, but much of its revenue comes from the government. Catholic Charities affiliates received a total of nearly $2.9 billion a year from the government in 2010, about 62 percent of its annual revenue of $4.67 billion. Only 3 percent came from churches in the diocese (the rest came from in-kind contributions, investments, program fees and community donations).

In Illinois, Catholic Charities in five of the six state dioceses had grown dependent on foster care contracts, receiving 60 percent to 92 percent of their revenues from the state, according to affidavits by the charities’ directors. (Catholic Charities in the Archdiocese of Chicago pulled out of foster care services in 2007 because of problems with its insurance provider.)

The federal government is providing nearly three billion dollars in U.S. taxpayers monies to an organization which refuses to acknowledge basic tenets of science and aggressively seeks to force its world view upon others, discriminating on the basis of sex and sexual orientation in the process.

Ugh. It makes me nauseous to think that there are people who think they can accept funds (hello, some of which must be coming from LGBT people) and wants to use that money actively discriminating against those people, all in the name of "serving children." Is this not the text book definition of hypocrisy?

We had previously covered the conflict in Illinois between Catholic Charities heterosexist policies and the state's new civil union law on Godless Wednesday but had not seen an eye-dropping quote from religious extremist side before like this one (bolded):

Critics of the church argue that no group has a constitutional right to a government contract, especially if it refuses to provide required services.

But Anthony R. Picarello Jr., general counsel and associate general secretary of the United States Conference of Catholic Bishops, disagreed. “It’s true that the church doesn’t have a First Amendment right to have a government contract,” he said, “but it does have a First Amendment right not to be excluded from a contract based on its religious beliefs.”

This is not just a text-book definition of hypocrisy but also hubris! It's shocking to me the Catholic Bishops dude mentions the First Amendment (twice!) in his statement to the New York Times. Has he read it recently?

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

If your free exercise of religion involves discriminating against other citizens' "equal protection of the laws" and can be construed to contribute to an "establishment of religion" since you are attempting to propagate and promote your religious beliefs to children then it is pretty clear that you lose. And to think that you want federal money to do so is simply sickening.

Santorum Would Annul All U.S. Same-Sex Marriages

Rick Santorum, the ex-Senator from Pennsylvania who is one of the biggest religious-based homophobes now running for President (although that is a hotly contested title!) made news over the weekend for two reasons: he has surprisingly surged into the Top 3 in polls for tomorrow's Iowa caucuses and he said that he thinks that all same-sex marriages in the United States should be invalid.

I don't really care about the first item (I am confident that President Obama will be re-elected for a second term in November) but the second item needs further attention.

Here is what Santorum said exactly (to MSNBC's Chuck Todd):

SANTORUM: I think marriage has to be one thing for everybody. We can’t have 50 different marriage laws in this country, you have to have one marriage law…

TODD: What would you do with same-sex couples who got married? Would you make them get divorced?

SANTORUM: Well, their marriage would be invalid. I think if the constitution says “marriage is this,” then people whose marriage is not consistent with the constitution… I’d love to think there’s another way of doing it.

This statement demonstrates an astonishing ignorance and misunderstanding of federal law and marriage law, especially for a former United States Senator. Then, again, there's a reason why Santorum has been declared (by a fellow Republican who served as Senator John McCain's top aide for decade) as the dumbest United States Senator of the last twenty years:

Ron Paul may be the wackiest candidate in the GOP field. But for pure, blind stupidity nobody beats Santorum. In my 20 years in the Senate, I never met a dumber member, which he reminded me of today.

There are many reasons why Santorum's statement is so stupid but I will just list a few here

1. There is no precedent for invalidating any legal contract which was legal when it was entered into (i.e. even when Proposition 8 passed preventing any future marriages all the previous marriages entered into before its enactment are still legal and recognized in California).
2. The regulation of marriage IS a state issue and has been that way for centuries in this country; it is precisely that history (as well as the clearly defined animus against homosexuality that the law represents) which makes the so-called Defense of Marriage Act so constitutionally dubious, and this legal point will probably be settled within the current calendar year when the 9th and 1st U.S. Circuit Courts of Appeal finally issue rulings on the matter.
3. The only way to "have one marriage law" would be to pass an amendment to the U.S. Constitution and there is absolutely no way that there are 2/3rds majorities in both houses to destroy the marriage rights of fellow U.S. citizens in the 6 states (and District of Columbia) where it is now legal.

This is really about Rick Santorum trying to burnish his heterosexual supremacist credentials with Iowa Republican caucus-goers. There is no way that he would ever be in the position to be able to enact his theocratic version of law into reality.

PNP Wins Jamaican Election In Landslide

This is good news! The People's National Party (PNP) has won a landslide election victory in Jamaica, defeating the ruling Jamaica Labor Party 41 seats to 22 in the 64-seat House of Repreentatives.

This is good news fpr the LGBT community because the waning days of the election campaign were fueled by heated discussions over Jamaica's "anti-buggery" (anti-sodomy) law, which PNP Leader and now Prime Minister-elect Portia Simpson Miller said she did not support.

Looks like the new government of Jamaica will be less accommodating of homophobia than any in recent history.
It also rumored that at least one member of the LGBT community was elected.

MI: Governor Signs Bill Ending DP Benefits For Public Employees

Governor Rick Snyder (R) was elected in 2010 and used his Republican majority
in both houses to strip domestic partner benefits from all unmarried public employees

Wow. This is incredibly horrendous news (especially if you live in, or know anyone who lives in, Michigan). The Republican Governor and State Legislature of Michigan have enacted a law which bans the state (and any local subdivision) from offering domestic partnership benefits to public employees.

AnnArbor.com reports:

Public employees, including state and local government workers and public school teachers, will no longer be allowed to extend their health care benefits to domestic partners.

It is unclear whether the bill applies to state universities, although Snyder asserts that it does not. House Republicans, meanwhile, say it does apply to university employees.

The move is a blow to gay and lesbian activists throughout the state.

"We’re so very disappointed in the governor," Kary L. Moss, executive director of American Civil Liberties Union's Michigan chapter, said in an interview. "This was the moment for him to show real leadership, to rise above what I believe is petty politics, to tell the rest of the country that Michigan is not living in the dark ages and to create an open, inclusive Michigan."

Governor Snyder vetoed a companion bill (HB 4771) which would have applied the domestic partnership ban (HB 4770) to state universities while he signed this bill into law.

AK and SD Only States Without Openly LGBT Elected

There are only two states in the Union which do not have a single openly LGBT elected official at any level: South Dakota and Alaska. Mississippi used to be on the list until last week when Mayor Greg Davis of Southhaven, MS admitted that he was gay after auditors found he had tried to get reimbursed for expenses at a an adult store while on a business trip to Canada!

According to Denis Dison at the Gay and Lesbian Victory Fund:

That doesn’t mean these states aren’t served by LGBT elected officials, just that none have self-identified publicly either in speeches or in the media.  But one group that supports out elected officials says there’s a reason this matters.

“It’s important that people know there are LGBT people serving in public office, especially in their own communities.  That doesn’t mean that LGBT issues are front and center in their work.  In some cases just being open and honest about that part of our lives has great potential to deepen understanding of our community, and that makes a huge difference,” said Tiffany Muller, Vice President for Programs at the Victory Institute.

The Victory Institute maintains the most up-to-date database of out LGBT officials available, and in recent years elected officials in states like Kansas, South Carolina, West Virginia and North Dakota have been added.  The group has a goal in 2012 of having identified at least one out elected official in every state in the U.S.  ”That will mark a really significant milestone for LGBT Americans, and it will be a symbol of how far we’ve come as a country,” Muller said.

Who wants to bet that there are closeted politicians serving in elected office in South Dakota and Alaska right now (and maybe getting a  little nervous)?

Hat/tip to Joe.My.God

Celebrity Friday: Margaret Court Reveals Her Homophobia

Margaret Court is on top of the list of
all-time women's major singles tennis titleholders

Margaret Court is the legendary tennis player from Australia who won 24 women's major singles titles, more than any other player in history. Steffi Graf is the only modern player to come remotely close to breaking her record, with 22 major titles when she retired in 1999.

Court is widely considered tennis (and sports) royalty but the words that came out of her mouth were not very regal. Court gave her opinion about the ongoing national debate in her home country about whether Australia should end the exclusion of same-sex couples from civil marriage.

And what she said was not pretty.

"They are not perfect, often dysfunctional and despite the fact the role models may be distorted and even severely flawed, there is no reason to put forward alternative, unhealthy, unnatural unions as some form of substitute. No amount of legislation or political point-scoring can ever take out of the human heart the knowledge that in the beginning God created them male and female and provided each with a unique sexual function to bring forth new life. To dismantle this sole definition of marriage and try to legitimise what God calls abominable sexual practices that include sodomy, reveals our ignorance as to the ills that come when society is forced to accept law that violates their very own God-given nature of what is right and what is wrong."

Mrs. Court is now apparently "Reverend Court" and obviously does not understand the difference between civil marriage (which is a creation of the secular state) and a religious wedding. Mrs. Court is free to believe whatever she wants about how her religion views homosexuality but she is not free to impose those values upon other people who do not share her religious beliefs in a democratic, secular country like Australia. 


Since two of the most venerated female tennis champions are openly lesbian you know that Martina Navratilova and Billie Jean King would not let such comments go by without a response.


According to the Tennis Channel this is how they responded:

Said Navratilova: “Seems to me a lot of people have evolved as has the Bible, [for example regarding] slavery. Unfortunately, Margaret Court has not. Her myopic view is truly frightening as well as damaging to the thousands of children already living in same gender families...I have tried to talk to Margaret, but to say she’s completely close-minded on the issue is an understatement...Here is hoping Australia will be on the right side of history and human rights, and become yet another democracy granting equal rights to all her citizens.” 

Said King: "I respectfully disagree with Margaret’s position on gay marriage...We have to commit to eliminating homophobia because everyone is entitled to the same rights, opportunities and protection...The more we talk openly about issues like gay marriage, the more we learn about each other. It is a blessing the people of Australia can live freely and express their own opinions because we need open dialogue to help us move forward."

Good job by Martina and Billie Jean to let Mrs. Court know that her unbridled religious-based homophobia would not pass by unchecked. It's not often two of my favorite topics (tennis and LGBT equality) intersect but you know when they do I will blog about it!


Hat/tip to TowleRoad!

Map of Status of Gay Rights in Africa

Joe.My.God links to this interesting map about the state of the law towards homosexuality throughout Africa, provided by ILGA.

Interestingly, friend of MadProfessah.com, Rod McCollum is currently in Addis Ababa, Ethiopia for an international AIDS conference and is posting some amazing first person reports of his trip on his blog, Rod 2.0. Check it out!

Godless Heathens Respond To Rick Perry

Recently, Rick Perry started airing an offensive television ad which attacked gay people and complained about the attacks on religious beliefs by President Obama and liberals. Today, "godless heathens" responded to Perry's homophobic statements and so have other people.

WATCH: Heart-rending video by bullied teenager

If you can watch this video all the way without being emotionally impacted you are a heartless troll. It helps that the soundtrack is one of my favorite songs of all-time, Sia Furler's Breath Me (most famously known as the music played for the last four minutes of the final episode the HBO television series Six Feet Under).

It was made by a kid about to go into eighth grade who had been bullied since second grade. 


The video has received over 3,000,000 views on YouTube and multiple twitter shout outs from LGBT-supportive celebrities.

Obama Declares "Beginning Of the End To AIDS"

President Barack Obama spoke at an event today marking the World AIDS Day with President George W. Bush and President Bill Clinton in attendance where he declared the "Beginning of the End to AIDS."

Below is a snippet of the speech (thanks to Joe.My.God)



Here is the full text of his speech:

THE WHITE HOUSE

Office of the Press Secretary

For Immediate Release                           December 1, 2011

REMARKS BY THE PRESIDENT

ON WORLD AIDS DAY

George Washington University

Washington, D.C.

10:27 A.M. EST

     THE PRESIDENT:  Well, thank you, Sanjay.  It is an honor to be with you today and to follow President Kikwete and President Bush.  To Bono and Alicia, to the ONE campaign, thank you for bringing us together.  Because of your work, all across Africa there are children who are no longer starving, mothers who are no longer dying of treatable diseases, fathers who are again providing for their families.  And because of all of you, so many people are now blessed with hope.

We’ve got members of Congress who have done so much for this cause who are here today, and we want to thank them.  Let me also thank President Bush for joining us from Tanzania and for his bold leadership on this issue.  I believe that history will record the President’s Emergency Plan for AIDS Relief as one of his greatest legacies.  And that program -- more ambitious than even the leading advocates thought was possible at the time -- has saved thousands and thousands and thousands of lives, and spurred international action, and laid the foundation for a comprehensive global plan that will impact the lives of millions.  And we are proud that we have the opportunity to carry that work forward.

Today is a remarkable day.  Today, we come together as a global community, across continents, across faiths and cultures, to renew our commitment to ending the AIDS pandemic once and for all.

Now, if you go back and you look at the themes of past World AIDS Days, if you read them one after another, you’ll see the story of how the human race has confronted one of the most devastating pandemics in our history.  You’ll see that in those early years -- when we started losing good men and women to a disease that no one truly understood -- it was about ringing the alarm, calling for global action, proving that this deadly disease was not isolated to one area or one group of people.

And that’s part of what makes today so remarkable, because back in those early years, few could have imagined this day -- that we would be looking ahead to “The Beginning of the End,” marking a World AIDS Day that has gone from that early beginning when people were still uncertain to now a theme, “Getting to Zero.”  Few could have imagined that we’d be talking about the real possibility of an AIDS-free generation.  But that’s what we’re talking about.  That’s why we’re here.  And we arrived here because of all of you and your unwavering belief that we can -- and we will -- beat this disease.

Because we invested in anti-retroviral treatment, people who would have died, some of whom are here today, are living full and vibrant lives.  Because we developed new tools, more and more mothers are giving birth to children free from this disease.  And because of a persistent focus on awareness, the global rate of new infections and deaths is declining.

     So make no mistake, we are going to win this fight.  But the fight is not over -- not by a long shot.  The rate of new infections may be going down elsewhere, but it’s not going down here in America.  The infection rate here has been holding steady for over a decade.  There are communities in this country being devastated, still, by this disease. 

     When new infections among young black gay men increase by nearly 50 percent in 3 years, we need to do more to show them that their lives matter.  When Latinos are dying sooner than other groups, and when black women feel forgotten, even though they account for most of the new cases among women, then we’ve got to do more.

     So this fight is not over.  Not for the 1.2 million Americans who are living with HIV right now.  Not for the Americans who are infected every day.  This fight is not over for them, it’s not over for their families, and as a consequence, it can’t be over for anybody in this room -- and it certainly isn’t over for your President.

     Since I took office, we’ve had a robust national dialogue on HIV/AIDS.  Members of my administration have fanned out across the country to meet people living with HIV; to meet researchers, faith leaders, medical providers and private sector partners.  We’ve spoken to over 4,000 people.  And out of all those conversations, we drafted a new plan to combat this disease.  Last year, we released that plan -- a first-ever national HIV/AIDS strategy.

     We went back to basics:  prevention, treatment and focusing our efforts where the need is greatest.  And we laid out a vision where every American, regardless of age, gender, race, ethnicity, sexual orientation, gender identity or socioeconomic status, can get access to life-extending care.

And I want to be clear about something else:  Since taking office, we’ve increased overall funding to combat HIV/AIDS to record levels.  With bipartisan support, we reauthorized the Ryan White Care Act.  And as I signed that bill, I was so proud to also announce that my administration was ending the ban that prohibited people with HIV from entering America.  (Applause.)  Because of that step, next year, for the first time in two decades, we will host the international AIDS conference.  (Applause.)

So we’ve done a lot over the past three years, but we can do so much more.  Today, I’m announcing some new commitments.  We’re committing an additional $15 million for the Ryan White Program that supports care provided by HIV medical clinics across the country.  We want to keep those doors open so they can keep saving lives.  We’re committing an additional $35 million for state AIDS-drug assistance programs. 

The federal government can’t do this alone, so I’m also calling on stategovernments, and pharmaceutical companies, and private foundations to do their part to help Americans get access to all the life-saving treatments.

This is a global fight, and it’s one that America must continue to lead.  Looking back at the history of HIV/AIDS, you’ll see that no other country has done more than this country, and that’s testament to our leadership as a country.  But we can’t be complacent. 

I think this is an area where we can also look back and take pride that both Republicans and Democrats in Congress have consistently come together to fund this fight -- not just here, but around the world.  And that’s a testament to the values that we share as Americans; a commitment that extends across party lines, that’s demonstrated by the fact that President Bush, President Clinton and I are joining you all today.

Since I took office, we’ve increased support for the Global Fund to Fight AIDS, Tuberculosis and Malaria.  We’ve launched a Global Health Initiative that has improved access to health care, helping bring down the cost of vaccines, and over the next five years, will help save the lives of 4 million more children.  And all along, we kept focusing on expanding our impact.

Today, I’m proud to announce that as of September, the United States now supports anti-retroviral treatment for nearly 4 million people worldwide.  (Applause.)  Four million people.  And in just the past year, we’ve provided 600,000 HIV-positive mothers with access to drugs so that 200,000 babies could be born HIV-free.  (Applause.)  And nearly 13 million people have received care and treatment, including more than 4 million children.  So we’ve got some stuff to be proud of.

But we’ve got to do more.  We’re achieving these results not by acting alone, but by partnering with developing countries like Tanzania, and with leaders like President Kikwete.

Now, as we go forward, we’ve got to keep refining our strategy so that we’re saving as many lives as possible.  We need to listen when the scientific community focuses on prevention.  That’s why, as a matter of policy, we’re now investing in what works -- from medical procedures to promoting healthy behavior. 

And that’s why we’re setting a goal of providing anti-retroviral drugs to more than 1.5 million HIV-positive pregnant women over the next two years so that they have the chance to give birth to HIV-free babies.

We’re not going to stop there. We know that treatment is also prevention.  And today, we’re setting a new target of helping 6 million people get treatment by the end of 2013.  (Applause.)  That’s 2 million more people than our original goal.

And on this World AIDS Day, here’s my message to everybody who is out there:

To the global community -- we ask you to join us.  Countries that have committed to the Global Fund need to give the money that they promised.  (Applause.)  Countries that haven’t made a pledge, they need to do so.  (Applause.)  That includes countries that in the past might have been recipients, but now are in a position to step up as major donors.  China and other major economies are in a position now to transition in a way that can help more people.  

To Congress -- keep working together and keep the commitments you’ve made intact.  At a time when so much in Washington divides us, the fight against this disease has united us across parties and across presidents.  And it shows that we can do big things when Republicans and Democrats put their common humanity before politics.  So we need to carry that spirit forward.

And to all Americans -- we’ve got to keep fighting.  Fight for every person who needs our help today, but also fight for every person who didn’t live to see this moment; for the Rock Hudsons and the Arthur Ashes, and every person who woke us up to the reality of HIV/AIDS.  We’ve got to fight for Ryan White and his mother Jeanne, and the Ray brothers, and every person who forced us to confront our destructive prejudices and our misguided fears.  Fight for Magic Johnson and Mary Fisher, and every man, woman and child, who, when told they were going to die from this disease, they said, “No, we’re not.  We’re going to live.”

Keep fighting for all of them because we can end this pandemic.  We can beat this disease.  We can win this fight.  We just have to keep at it, steady, persistent -- today, tomorrow, every day until we get to zero.  And as long as I have the honor of being your President, that’s what this administration is going to keep doing.  That’s my pledge.  That’s my commitment to all of you.  And that’s got to be our promise to each other -- because we’ve come so far and we’ve saved so many lives, we might as well finish the fight.

Thank you for all you’ve done.  God bless you.  God bless America.  Thank you.  (Applause.)

END                10:41 A.M. EST

Nigeria Senate Passes Insanely Anti-Gay Bill

Very bad news out of Nigeria. For the last 18 months or so the LGBT blogosphere has been tracking an anti-homosexuality bill in Uganda which included the death penalty for some homosexual acts. Happily that legislation died when the legislative session ended earlier this year, although there are some reports that Uganda's Anti-Homosexuality Bill is being revived.

Now comes news that an arguably even more repressively homophobic bill has passed one legislative body i Africa's most populous nation, Nigeria.

The Washington Post reports:

Nigeria’s Senate voted Tuesday to criminalize gay marriage, gay advocacy groups and same-sex public displays of affection, the latest legislation targeting a minority already facing discrimination in Africa’s most populous nation. 

The bill, now much more wide-ranging than its initial draft, must be passed by Nigeria’s House of Representatives and signed by President Goodluck Jonathan before becoming law. However, public opinion and lawmakers’ calls Tuesday for even harsher penalties show the widespread support for the measure in the deeply religious nation. 

“Such elements in society should be killed,” said Sen. Baba-Ahmed Yusuf Datti of the opposition party Congress for Progressive Change, drawing some murmurs of support from the gallery. 

Gay sex has been banned in Nigeria, a nation of more than 160 million people, since colonial rule by the British. Gays and lesbians face open discrimination and abuse in a country divided by Christians and Muslims who almost uniformly oppose homosexuality. In the areas in Nigeria’s north where Islamic Shariah law has been enforced for about a decade, gays and lesbians can face death by stoning.

Hat/tip to Rod 2.0.

Harvey Milk May 22, 1930 – November 27, 1978

Harvey Milk, the most famous openly gay politician in U.S. history, was assassinated in San Francisco on November 27, 1978, 33 years ago today.

Bob Slatten of the blog I Should Be Laughing posted some of Harvey Milk's most memorable quotes today in remembrance. My favorite is:

“If a bullet should enter my brain, let that bullet destroy every closet door.”

Unfortunately, a bullet did enter Harvey's brain on that fateful day in November 33 years ago, but there are still far too many closeted people, especially politicians, often letting their internalized homophobia lead them into committing external acts of homophobia as well.

Lawrence King's Killer Accepts 21-Year Plea Deal

Finally, there is some sense of justice restored to the world. Brandon McInerney, who shot to death his teenaged, openly-gay  classmate Lawrence King at point-blank range on February 12, 2008, has apparently agreed to accept a plea deal which will lead to him serving 21 years in prison. Previously, McInerney had been tried with first-degree murder (with a hate crime enhancement) but the judge was forced to declare a mistrial after multiple jurors declared that they empathized with McInerney's rough home life and disagreed with the decision to try him as an adult because he had committed the crime as a 14-year-old as well as the anti-gay hate crime aspect.

The prosecution had made the decision to re-try McInerney as an adult but had dropped the hate crime enhancement (exactly the wrong decision, I argued).

The Los Angeles Times reports:

The Oxnard teen who shot a gay classmate he believed was flirting with him has agreed to spend the next 21 years in prison, a plea deal that ends a case that drew national attention and ignited debate on how schools should deal with openly gay students.

Brandon McInerney, who was 14 when he pulled a gun out of his backpack and shot Larry King twice in the head in 2008, has already served nearly four years in jail and would be released by the time he is 38, under terms of the deal.

"Larry had a complicated life, but he did not deserve to be murdered," the youth's father,Greg King, said after a court hearing Monday afternoon.

McInerney’s first trial ended with jurors split between convicting him of voluntary manslaughter and first-degree murder. Several of the jurors have since spoken in favor of a plea bargain, in order to avoid a second trial.

Prosecutors, in initially deciding to try McInerney a second time, had already dropped a key allegation that the shooting was motivated by a hatred of homosexuals, an accusation that several jurors in the original trial said they did not believe.

During the first trial, prosecutors portrayed McInerney as a budding white supremacist who hated homosexuals and was enraged by King's sexuality and aggressive flirtations.

The defense argued that McInerney was the product of a violent and dysfunctional home and had reached an emotional breaking point in response to King's advances.

McInerney was 14 when he carried a .22-caliber handgun to school in a backpack on Feb. 12, 2008, took a seat behind King, 15, and shot him twice in the back of the head.

Gay rights advocates were largely silent after the mistrial. A national gay rights group later said prosecutors should have done the "just and merciful thing" and reached a plea deal in the case.

It's probably the best decision overall to make the case go away. I am satisfied that the brazen killer of an openly gay (or transgender) teen will be serving significant time in jail, thus validating the idea that perpretators of such heinous acts will be prosecuted and punished by the state.

WA: New Poll Shows Support For Marriage Equality

LGBT Think Progress reports about a new poll in Washington state which demonstrates that marriage equality supporters may have more terrain to play offense on next year. 

Of voters surveyed, 55 percent indicated they would uphold a Legislature-approved same-sex marriage law if it were challenged by referendum. The poll found 38 percent would oppose the law and 7 percent were undecided.

However, additional questions in the poll found that 44 percent of voters surveyed said gays and lesbians should have the same legal right as straight couples to marry; and 22 percent said they should have the same legal rights as married couples, but it should not be called marriage.

Seventeen percent said there should be no legal recognition of gay and lesbian couples. The wide-ranging poll touched on several other issues, including the state budget shortfall.

The Washington Poll surveyed 938 registered voters statewide from Oct. 10-30. It has a plus or minus 3.2 percentage points margin of error.

There are anti-gay marriage ballot measures qualified for the 2012 election in Minnesota and North Carolina.

There are likely to be pro-gay marriages ballot measures in Maine, Maryland, Washington and possibly Oregon.

I predict that there will be more Americans living under marriage equality laws at he end of 2012 than at the end of 2011.

WATCH: Violent Anti-Gay High School Attack Caught On Video

This anti-gay attack happened in Union-Scioto High School in Chilicothe, Ohio, which has no anti-bullying legislation or hate crime law inclusive of sexual orientation or gender identity. The bully was apparently suspended for three days. As, Dan Savage says, "what does it take to get expelled?" For more information about who to contact to make sure this crime gets prosecuted by the authorities contact:

Chief Roger Moore 

28 North Paint Street  

Chillicothe, Ohio 45601 

Phone: (740) 773-1191

WonderMan has an update on his blog that charges are expected to be charged soon, but that the bully claims he has "mental problems" and "zoned out."

Zimbabwe PM Endorses Gay Rights

Prime Minister Morgan Tsvangirai of Zimbabwe

Surprising news out of Africa about homosexuality. The Prime Minister of Zimbabwe Morgan Tsvangirai has reversed himself and taken a position in opposition to President Robert Mugabe of Zimbabwe on whether LGBT rights should be protected under law.

The BBC reports:

Mr Tsvangirai told BBC's Newsnight programme that there was a "very strong cultural feeling" against homosexuality in Zimbabwe, but he would defend gay rights if he became president.

"It's a very controversial subject in my part of the world. My attitude is that I hope the constitution will come out with freedom of sexual orientation, for as long as it does not interfere with anybody," he told Newsnight's Gavin Esler.

"To me, it's a human right," he said.

Zimbabwe's long-time leader Mr Mugabe - a practising Christian - once said gays were "worse than pigs and dogs", sparking international condemnation.

In March 2010, Mr Tsvangirai said gay rights was not up for discussion in Zimbabwe.

This is excellent news.

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.

#FAIL! No Referendum On FAIR Education Act

Well, well! The heterosexual supremacists at StopSB48.com have officially admitted that they have failed to collect enough signatures to place a referendum on the enactment of the FAIR Education Act on the 2012 ballot.

This is great news because despite the hysterical pleadings of StopSB48.com and the (mostly religious) professional homophobes who supported the signature gathering campaign, all the bill would do is make sure that the contributions of LGBT citizens are included when the historical contributions of other marginalized groups are also taught. This is what our opponents call "the homosexual agenda."