Florida Agenda

By ALEX VAUGHN

Supporters of Proposition 8, California’s voter-approved ban on same-sex marriage, are asking that a judge’s injunction barring the measure’s enforcement be thrown out because the judge failed to disclose his involvement in a long-term same-sex relationship.

In August, then-U.S. Chief Judge Vaughn Walker ruled the measure violates the Constitution’s equal protection clause.

“Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples,” Walker wrote in his 136-page opinion.

But on April 6, Walker ended months of speculation by publicly disclosing “that he is gay and that he has been in a committed relationship for more than 10 years,” said a motion filed Monday by Proposition 8 backers. In previous press reports, according to the motion, Walker refused comment on his sexual orientation.

While the press reports do not address the question of whether Walker and his partner have any interest in marrying, the motion said, Walker should have either recused himself from the case or disclosed his sexual orientation “so that the parties could consider and decide, before the case proceeded further, whether to request his recusal.”

Walker, who retired at the end of February, told reporters earlier this month he didn’t think it was appropriate for any judge’s sexual orientation, ethnicity, national origin or gender to stop them from presiding over a case, according to a Reuters report.

“That’s a very slippery slope,” said Walker, who was appointed to the federal bench in 1989 by President George H.W. Bush.

But, argues the motion filed Monday, if Walker and his partner ever wanted — or thought they might want — to marry, he “plainly had an ‘interest that could be substantially affected by the outcome of the proceeding,’” it said, citing federal law regarding disqualification of judges.

“Only if Chief Judge Walker had unequivocally disavowed any interest in marrying his partner could the parties and the public be confident that he did not have a direct personal interest in the outcome of the case,” the motion said.  Same-sex marriage advocates decried the move.

“Supporters of Proposition 8 are grasping at straws because they don’t like the outcome,” said Michael Cole-Schwartz of the Human Rights Campaign. “If their real intent was to ‘protect marriage,’ they should argue that a straight married judge be disqualified since he would conceivably have an interest in protecting his own marriage. The argument is simply ridiculous on its face.”

The motion says that proceedings in the case have been “marked by a number of irregular and unprecedented rulings, both procedural and substantive, that give gravely disquieting force to the ‘appearance of partiality’ created by the belated disclosure of Chief Judge Walker’s long-term, committed relationship.”

It cites multiple examples, including the fact that Walker refused to stay

his judgment pending appeal despite its “unprecedented nature … and its sharp conflict with the uniform judgment of appellate courts throughout the country.” As a result, the motion argues, the Ninth Circuit was forced to issue such a stay.

The Proposition 8 backers emphasize that in the motion, they are not suggesting a gay or lesbian judge could not hear the case — only that no judge should try a case where they might have an interest in the outcome. “We deeply regret the necessity of this motion,” it says.

“In this case, it is undeniable that Chief Judge Walker failed to make the required disclosure. At no point prior to the entry of judgment did Chief Judge Walker disclose that he is in a now 10-year long, committed same-sex relationship. And he has yet to disclose whether he has any interest in marrying his partner should the injunction he issued be upheld on appeal,” the motion said. “… Simply stated, under governing California law, Chief Judge Walker currently cannot marry his partner, but his decision in this case, and the sweeping injunction he entered to enforce it, would give him a right to do so.”

The civil rights challenge remains at the U.S. Court of Appeals for the 9th Circuit, and the issue remains unresolved, although a ruling is expected later this year. The court in December set aside Walker’s decision, which would have allowed same-sex marriages to resume in California.

Walker’s ruling assured a swift federal appeal that ultimately may reach the U.S. Supreme Court. One sticking point could be whether Proposition 8 supporters in court — all private citizens and groups — have legal “standing” to continue appealing the case.

If the appeals court rules they do not, the Supreme Court may not wade into the issue, some legal experts have said, giving no clear guidance on the constitutionality of same-sex marriage nationwide. The high court, in a 1997 unrelated appeal, expressed “grave doubts” about the ability of such private groups to challenge rulings that strike down ballot initiatives.

The state’s high court had allowed same-sex marriages in California, but then Proposition 8 passed with 52 percent of the vote in 2008. Prior to Walker’s ruling, the California Supreme Court allowed that initiative to stand, saying it represented the will of the
people.

The real problem faced by Prop 8 supporters real problem is that their case is seen now as profoundly weak, and relies almost entirely on archaic and rapidly eroding social prejudices against homosexuality. During the trial, they only called two witnesses, and that witness was unable to provide a factual basis for the assertions being made by Prop 8 supporters  that extending marriage rights to gays and lesbians would harm anyone. Conversely, Prop 8 opponents were able to demonstrate, in vivid detail, precisely how they were personally hurt by California’s decision to deny gays and lesbians their fundamental rights.

Read the full story

Photo: Tim Tebow Courtesy, palmbeachpost.com

2010 may become known as the year of the comeback. Just when you thought all hope was lost, President Barack Obama finally pushes through one of his campaign promises, and “Don’t Ask, Don’t Tell” is repealed in the final weeks of the year.

After seeing Florida take a step back in 2009 with a constitutional amendment making marriage between one man and one woman, the absurd law that said gays and lesbians could not adopt children in the state, went by the wayside, thanks to several rulings from Florida’s courts. Of course not all was good. We lost friend of the gays, our “Golden Girl” Rue McClanahan and gay shock jock Neil Rogers. We saw Ricky Martin come out, Tom Ford direct his first movie and Steven Slater quit his Jet Blue job in only the most fabulous way possible. Let’s reflect back on the year that was and hope the momentum on the gay agenda continues to swing upwards.

Now, enjoy some of the top stories and headlines from 2010, and here’s to an even better 2011.

January

*AIDS  Healthcare Foundation (AHF) filed a “sanitary nuisance” complaint with the State of Florida, against three pornography productions and distribution companies in Miami who filmed pornographic scenes without the use of condoms. AHF claims that workers in other industries who have an increased risk of catching infectious disease are protected with gloves and mask, and porn stars, they say, should have similar protection.

*An openly gay former Broward Sheriffs Officer, accused of sexually assaulting illegal immigrants, was freed on $250,000 bond while awaiting trial. Jonathon Bleiweiss, who patrolled the Oakland Park area, was released and will go live with his father in Oregon. Bleiweiss, a seven-year veteran of the BSO and one-time “Deputy of the Year,” faces 73 charges ranging from sexual battery, stalking and false imprisonment on at least nine different victims. He was jailed in August 2009.

Other Headlines:
• The ACLU calls for the dropping of the ban against gays and lesbians adopting children in state of Florida.
• Ihosvany Marquez of Miami is accused of using fake HIV clinics to defraud Medicare of more than $55 million dollars.
• The City of South Miami approved an ordinance providing for benefits for the domestic partners of city employees.

February

*Denver Broncos quarterback Tim Tebow , formerly from the University of Florida, starred in an anti-abortion commercial to be aired during the broadcast of the Super Bowl game for anti-gay group Focus on the Family. Focus on the Family is an evangelical Christian group based in Colorado that runs a ministry called Love Wins Out that attempts to convert homosexual teenagers into heterosexuals, often against their will. The group is also adamantly opposed to same-sex marriage rights.

*A program geared toward helping people maintain private insurance coverage if they are HIV-positive, has to put people on a waitlist due to increased demand. The AIDS Insurance Continuation Program (AICP) makes direct payments of up to $750 to employers or insurance companies for people diagnosed with AIDS or are HIV-positive with symptoms and who, because of the illness, are unable to maintain their private health insurance. The program had been helping 2,600 people with another 168 people waiting for help.

Other Headlines:
• Miami Beach gay bar The Palace fights to save their drag queen shows after a noise complaint was filed with the city by The Tides hotel.

• The Pride Center at Equality Park holds a ribbon cutting ceremony opening their new center on a twoacre, five-building property

March

*After a nearly 16-year fight, Congress passed historic health care reform legislation in the nation’s capitol. The 10-year, $938 billion bill, known as The Patient Protection and Affordable Care Act, was signed into law by President Barack Obama. Some of the provisions of the bill went into effect in October and the bill will be fully implemented by 2014. The non-partisan Congressional Budget Office said the bill would cut the federal budget deficits by an estimated $143 billion over a decade.

*National leaders made a week-long call for every church, mosque, synagogue, temple and home to join in prayer, education, advocacy and service for the healing of AIDS in the U.S. and the world. The purpose of the National Week of Prayer for the Healing of AIDS was to put the national spotlight on the AIDS epidemic in America while at the same time focusing on the role that our nation’s faith communities can and are playing in AIDS prevention, education, service and advocacy.

Other Headlines:
• Former Hollywood, Florida police officer Michael Verdugo files a lawsuit against the city for discrimination after being terminated.

• Lt. Dan Choi is arrested after chaining himself to the White House fence in protest of the military’s
“Don’t Ask, Don’t Tell” policy

• The Miami-Dade Gay & Lesbian Chamber of Commerce holds their first “Commit 2 Love” commitment ceremony and reception with 13 couples participating.

April

*President Obama called for the end of discrimination practices toward gay and lesbian couples’ visitation rights in hospitals when visitation is limited to immediate family members. The president also called and apologized to Janice Langbehn, who unsuccessfully sued Jackson Memorial Hospital after the 2007 sudden death of her partner Lisa Pond. Langbehn and Pond, along with their three children, were preparing to board a cruise ship when Pond suddenly suffered a fatal brain aneurysm. Langbehn contends that a hospital social worker would not let her visit Pond because Florida is “an anti-gay state.” Pond died the next day. A court determined that a hospital has the right to set its own visitation rules.

*Local activists Anthony Niedwiecki and Waymon Hudson move to Chicago. Neidwiecki, who also sat on the Oakland Park City Commission, was offered and accepted a high-level administrative and faculty law professor position at John Marshall Law School in Chicago. Hudson is a national LGBT rights advocate and writer. Niedwiecki and Hudson were co-founders of the LGBT lobby group Fight OUT Loud and led an activist campaign against former Fort Lauderdale Mayor Jim Naugle after he made a number of anti-gay statements. The couple also lobbied the Florida State Senate to overturn the state’s ban on gay adoption, after taking in a foster child who had been abandoned as “unadoptable” by the state because of the child’s HIV status. The couple wed in California in June 2008 before Proposition 8 was passed and remain legally married as one of 18,000 couples still wed after the anti-gay marriage proposition passed.

Other Headlines:
• Wilton Manors Main Street displays their “Main Street Initiative” for taking back control of Wilton Drive from the state, adding more parking and landscaping.

• The City Commission of Miami Beach and Wilton Drive approve a resolution for Washington to lift the ban on gay men donating blood.

• Florida Gov. Charlie Crist announced he’s leaving the Republican Party and running for U.S. Senator as an Independent.

May

*George Alan Rekers, a man whoprided himself on empathetically stating homosexuality was a sin and helping convert people of that “deviant lifestyle,” was caught traveling to Europe on a 10-day vacation with a prostitute from the website Rentboy.com, according to the Miami New Times. A week later, a second escort came forward and claimed that he remembered Rekers being a client of his more than a decade earlier. Rekers was founder of the Family Research Council and an officer with the National Association for Research and Therapy of Homosexuality

*Florida’s AIDS Drug Assistance Program (ADAP) ensures that that underserved and uninsured individuals living with HIV/AIDS have access to life-saving medication, but now some of the hardest hit individuals will be put on a wait list because the program simply doesn’t have the funding to continue supporting everyone. Florida has one of the highest HIV infection rates in the United States. Approximately 18,000 people qualified for ADAP in Florida because they met the requirements.

Other Headlines:
• Solicitor General Elena Kagan was chosen by President Obama to replace retiring Justice John Paul Stevens.

• Walgreens opens a new pharmacy geared toward the LGBT community in Wilton Manors.

• According to a poll commissioned by the Human Rights Campaign, more than two-thirds of Florida voters favor
gay men and lesbian women serving openly in the military.

June

*Americans’ support for the moral acceptability of gay and lesbian relations crossed the symbolic 50 percent threshold according to a Gallup poll. At the same time, the percentage calling these relations “morally wrong” dropped to 43 percent, the lowest in Gallup’s decade-long trend. Gallup’s annual “Values and Beliefs” survey documents a gradual increase in public acceptance in gay relations since 2006. The change is seen almost exclusively among men and particularly men younger than 50 and a greater movement toward acceptance among Independents, moderates and Democrats than among Republicans. Liberals were already widely accepting of gay relations in 2006 and have remained that way while conservatives’ acceptance continues to run low.

*Though they had the largest turnout for this year’s Stonewall Street Festival and Parade, Pride of Greater Fort Lauderdale reported a $30,000 loss for their 11th annual event. PGFL cited that lack of a complete sales infrastructure at the start of the festival, which was partially caused by an electrical storm early in the morning halting the erection of bar and ticket sales booths. By 11 a.m., the organization knew it was in deep trouble when it was reported that people started walking away from the event with cases of liquor. After the event, PGFL cancelled its plans for the annual Wicked Manors Halloween Street Party.

Other Headlines:

• Both the U.S. House of Representative and the Senate Armed Services Committee voted to end “Don’t Ask, Don’t Tell”.

• President Obama urged the swift passage of the Domestic Partner and Obligations Act, giving LGBT federal employees the same rights and privileges of their heterosexual counterparts.

• Florida Gov. and U.S. Senatorial candidate Charlie Crist changes his stance in favor of gays and lesbians adopting children in the state.

July

*U.S. District Judge Joseph Tauro ruled that the federal ban on same-sex marriage is unconstitutional because it interferes with a state’s right to define marriage. The ruling came in response to two separate challenges of the 1996 Defense of Marriage Act, known as DOMA. Congress initially enacted DOMA after Hawaii became the first state to legalize same-sex unions in that year. If the law is overturned, same-sex couples could argue they quality for federal tax benefits. It would also have wide-ranging implications in such areas as immigration.

*The White House Middle Class Task Force and Council on Women and Girls unveiled recommendations from the Equal Pay Enforcement Task Force aimed at ending pay inequality and discrimination. The recommendations are related to the 2009 passage of the Lilly Ledbetter Fair Pay Act , which helps women who face wage discrimination. The recommendations include ways to better inform employees about their rights and improve coordination amongst enforcement agencies. Advocates and officials also urged the Senate to pass the Paycheck Fairness Act, which will help ensure people who do equal work receive equal pay.

Other Headlines:

• The FDA approves a first-of-itskind HIV test that can detect HIV days earlier than current tests.

• An American Lung Association study indicated that the LGBT community is twice as likely to develop lung cancer, and that tobacco usage is highest among gay men.

• The National Gay and Lesbian Task Force honors Tony award-winning actor Alan Cummings with its National Leadership Award at its annual Miami Recognition Dinner.

• The U.S. Labor Department announced that it would order businesses to extend unpaid leave for gay workers to care for newborns or loved ones.

August

*LGBT organizers were shocked and upset with the Target Corporation for making contributions to Minnesota Forward, a political organization supporting Republican gubernatorial candidate Tom Emmer. Emmer was known for opposing gay rights, especially gay marriage. National days of protest were organized in neighborhood Target stores throughout the country. Target’s donation was $100,000 in cash and another $50,000 in goods and services. Best Buy, the giant electronics retailer, made a $100,000 donation to Minnesota Forward. The retailer was previously rated a 100 percent from the HRC Foundation’s Corporate Equality Index.

*U.S. District Judge Vaughn Walker struck down California’s Proposition 8 and reopened California to same-sex marriage. Walker, a conservative, was first appointed to the federal bench in 1987 by President Ronald Reagan. Walker’s ruling, though favorable toward same-sex couples, does not allow the marriages to resume immediately. The judge decided that he should suspend his ruling while proponents of the ban pursue their appeal. He ordered both sides to submit written arguments on the issue immediately.

Other Headlines:

• Sunserve opens a second location in the Pride Center at Equality Park

• Women’s softball players form their own softball league.

• Former Hollywood Police Officer Michael Verdugo holds a press conference explaining that he was fired from the Hollywood Police Department due to anti-gay discrimination.

• Former Manhunt employee A.J. Spellman accuses employer of transgender discrimination.

• Steven Slater, an openly gay JetBlue flight attendant, was arrested for flipping out as his flight landed in Philadelphia, cursing out the passengers, grabbing a beer and resigns his position while escaping the airline by the emergency chute. He pleads guilty to criminal mischief charges as part of a deal to avoid jail time.

September

*Florida’s 3rd Court of Appeals ruled that banning gays and lesbians from adopting children is unconstitutional. Though the ruling was expected to be challenged and sent to the state’s Supreme Court for their final decision, Florida’s Department of Children and Families and Florida Attorney General Bill McCollum said they would not appeal the decision. The original suit was filed by the ACLU on behalf of Martin Gill who, with his partner, wanted to adopt their two foster children. Late last year, Miami- Dade County Judge Cindy Lederman decided that Gill could adopt the children, which ultimately ended the 33-year ban on gay adoption in Florida.

*Former Republican National Committee chairman Ken Mehlman came out of the closet as being gay. In an interview in The Atlantic, Mehlman stated that he is, in fact, gay and that he plans to be an advocate for legalizing same-sex marriage. According to the New York Times, Mehlman’s “announcement makes him apparently the most prominent Republican official to come out.” This disclosure followed years of him avoiding and denying inquiries about his sexual orientation. During his RNC chairmanship, Mehlman supported social positions of the Republican Party, including opposition to same-sex marriage. Mehlman claimed that he could not have gone against party consensus, but acknowledged that, had he come out of the closet earlier, he could have impacted Republican efforts to pass state initiatives banning same-sex marriage.

Other Headlines:

• U.S. District Court in California declares DADT unconstitutional. Senate Majority Leader Harry Reid scheduled vote to repeal DADT as part of National Defense Authorization Act, but it fails to get the 60 votes required to break a filibuster.

• St. Petersburg Police get domestic partner benefits.

• Students Matty Daley and Bobby Canciello broke the Guinness Book of World Records for the “Longest Continuous Kiss.” The record-breaking kiss took place on The College of New Jersey campus located in Ewing, New Jersey.

October

*Gay teen suicides, all due to being bullied in school, became the major topic of national discussion and headlines and evoked protests, memorials and candlelight vigils throughout the country. Billy Lucas, 15, of Greensburg, Ind., saw no end to the constant stream of teasing and harassment for his openly bisexual orientation and hanged himself from the rafters of his family’s barn. A day before the suicide, Lucas had a chair pulled out from underneath him in the school cafeteria and his classmates had taunted him by saying he should just go hang himself. Seth Walsh, 13, of Fresno, Calif., hung himself from a tree in his family’s backyard after getting bullied by a group of local teenagers in a park. Walsh had been openly gay but not sexually active, according to his family. Tyler Clementi, 18, a freshman at Rutgers University in New Jersey, jumped off the George Washington Bridge into the Hudson River after his roommate secretly videotaped him engaging in sexual activity with another man. Asher Brown, 13, of Houston shot himself in the head in his stepfather’s closet. The middle-school student was constantly picked on by four students at his school and endured being called gay and had mock gay acts performed on him during physical education class. Raymond Chase, 19, a sophomore at Johnson & Wales University in Rhode Island committed suicide by hanging himself in his dorm room. Friends and family said that Chase seemed happy and they did not know he was suicidal.

*Pride of Greater Fort Lauderdale (PGFL) announced it would cease operations Dec. 31. The organization was able to pay off $20,000 of its total $40,000 debt and donated its remaining physical assets and it registered trademark “Wicked Manors” to the Pride Center at Equality Park. Later, the City of Wilton Manors announced they would handle all future events on Wilton Drive and hoped to keep a gay pride and Halloween festivals alive on The Drive. PGFL, which owned the electrical service on the corner of Wilton Drive and NE Sixth Avenue along with a custom-made electrical circuit box and cables for the stages, have donated that equipment to the city.

Other Headlines:

• The Gay, Lesbian and Straight Education Network (GLSEN), honored the Emmy Award-winning ABC comedy “Modern Family” at the Respect Awards. The series focuses on a diverse suburban family, including a gay couple with an adopted daughter.

• President Obama told a studio audience and television viewers of an MTV town hall meeting that he felt that being gay was not a choice but genetic.

• The Union Leader, New Hampshire’s largest newspaper, refuses to print marriage announcements for same-sex weddings.

November

*Florida’s struggling economy found its latest victims: uninsured HIV/AIDS patients. According to the Florida Department of Health’s Bureau for HIV/AIDS, a budget crisis is forcing the state to drop 350 uninsured HIV/AIDS patients from a federal drug subsidy program, and an additional 2,000 more patients may suffer the same fate. The need to drop patients from the AIDS Drug Assistance Program (ADAP) stems from Florida’s $16 million shortfall of its $100 million drug program budget. Another factor affecting the cuts is the economy, which has triggered an increase in the number of Florida patients being enrolled in the program due to loss of employment and health insurance. The Bureau estimates the current enrollment to be approximately 11,000 patients. The lack of funding has forced the agency to put patients on a waiting list.

*The U.S. Congress turns “pinker” with a distinctive taste of tea, and Florida becomes more “red” after the mid-term elections. Two term Rep. Ron Klein (D) from Florida lost to Tea Party-endorsed candidate Alan West, helping the GOP gain a 53-seat majority in the U.S. House. Re-elected were LGBT-supported Representatives Ted Deutch, Debby Wasserman Schultz, Alcee Hastings and Ileana Ros-Lehtinen. On a statewide level, Tea Party-backed Marco Rubio was elected to the U.S. Senate, defeating Florida Gov. Charlie Crist and Rep. Kendrick Meek. The Democrats barely held on to their majority in the Senate. Democrat Alex Sink barely lost her bid to become Florida’s Governor to Republican Rick Scott by less than 2 percent. Pam Bondi (R) was elected Florida Attorney General and has vowed to challenge the court decision permitting gay adoption. Broward County’s first openly gay mayor Ken Keechl (District 4) lost his reelection bid for the county commission.

Other Headlines:

• Pastor Jim Swilley, head of the Conyers, Georgia Church in the Now, announced to his congregation that he is gay. Swilley founded the church 25 years ago and is the divorced father of four.

• A Federal Appeals Court indefinitely extended its freeze on a judge’s order halting enforcement of the military’s “Don’t Ask, Don’t Tell” policy.

• U.S. Secretary of Defense Robert Gates wants the Senate to quickly move ahead with repealing “Don’t Ask, Don’t Tell” during the lame duck session.

•Wilton Manors Police investigate a series of attempted rapes and muggings.

• The Oakland Park City Commission votes in favor of a resolution supporting legislation prohibiting discrimination and bullying. • Pope Benedict XVI says that condoms can be justified for male prostitutes seeking to stop the spread of HIV.

December

*In the lame duck session prior to the new Congress, which begins in January, the U. S Senate voted to repeal “Don’t Ask, Don’t Tell,” a 17- year policy that banned gays and lesbians from serving openly in the military. The same legislation previously passed in the House of Representatives. With the help of eight Republicans, senators voted down the policy by a vote of 65-31. For Lt. Dan Choi, Capt. Jim Pietrangelo, Cadet Mara Boyd, Petty Officer Autumn Sandeen and the 13,389 other people who have lost their jobs in the United States Armed Services, it’s too late, but no longer will a man or woman be kicked out of the Army, Navy, Air Force or Marines for being openly gay or lesbian. President Obama signed the DADT repeal bill into law.

The new military policy will take several months to implement

*For the fourth year in a row, Broward County leads the state of Florida in the number of reported hate crimes, but officials say the numbers aren’t as dire as they seem for the second largest county in South Florida. Attorney General Bill McCollum released the 2009 Florida Hate Crimes Report, which indicates that reported hate crimes in Florida are at their lowest level since 1990. During the 2009 calendar year, 148 hate crimes were reported by law enforcement agencies, well below the annual average of 262 reported hate crime incidents since reporting began in 1990. Broward County had 22 reported hate crimes, while Miami- Dade County reported 17 hate crimes, Palm Beach County reported nine hate crimes, Orange County also had nine hate crimes, Pinellas County had three hate crimes and Osceola County had one reported hate crime

Other Headlines:

• Orange County banned sexual orientation and gender identity-based discrimination in employment, housing and public accommodations. • Scientists believe they have found a pill that can help healthy gay men stay HIV-negative.

• Former City of Hollywood Police Officer Michael Verdugo loses his court appeal in the Broward County Circuit Court.

• The Ladies Professional Golf Association (LPGA) changed their constitution to remove the requirement that players must be “female at birth” in order to join the tour, paving the way for transgender male-to-female golf players.

SAN FRANCISCO, CA: Judge Vaughn Walker, the U.S. District Judge who ruled in August that Prop 8, California’s voterapproved ban on same-sex marriage is unconstitutional, has announced he will retire from his post on the San Francisco federal court in February of 2011.

Rich Wieking, clerk of the court, stated in an e-mail that Walker will step down from the bench on December 31st and retire in February.