skittles
"....in the noisy confusion of life, keep peace in your soul.
With all its sham, drudgery and broken dreams, it is still a beautiful world.
Be cheerful. Strive to be happy." -- from Desiderata, Max Ehrmann, 1927
Quote:
An influential group of lawyers and judges has recommended sweeping changes in family law that would increase alimony and property rights for many divorced women, while extending such rights for the first time to many cohabiting domestic partners, both heterosexual and gay.
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The findings are likely to have a major impact, given the prestige of the institute, a private organization of eminent lawyers, judges and legal scholars that has had immense influence on the development of American law since the group was founded in 1923.
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The report says that a parent's sexual orientation should not be a factor in decisions on child custody, and that domestic partnerships should be treated like marriage in many important respects.
In handling custody disputes, some judges still assume that gays are unfit to be parents. But the American Law Institute declares, "Homosexual conduct, like heterosexual extramarital conduct, should be disregarded unless shown to be harmful to an individual child." Judges, it says, should not be swayed by stereotypes or "prejudicial attitudes.
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The institute's proposals would expand the number of people who can claim custody of a child or visitation rights. Such claims could be made not only by the legal parents, but also by a "de facto parent," defined as an individual who has lived with the child at least two years and "regularly performed a majority of the caretaking functions" without being paid.
For example, the report said, the lesbian partner of a child's biological mother may, in some circumstances, be able to assert a right to custody or visitation when the relationship between the women ends.
Quote:
WASHINGTON (AP) - The Supreme Court said Monday it would consider whether states can punish homosexuals for having sex, a case that tests the constitutionality of sodomy laws in 13 states.
The justices will review the prosecution of two men under a 28-year-old Texas law making it a crime to engage in same-sex intercourse.
The Supreme Court has struggled with how much protection the Constitution offers in the bedroom. The court ruled 5-4 in 1986 that consenting adults have no constitutional right to private homosexual sex, upholding laws that ban sodomy.
"Gay men and lesbians have been waiting for the opportunity to convince the court it should take a different view of their constitutional rights," Ruth E. Harlow, legal director of the New York-based Lambda Legal Defense and Education Fund, said Monday.
The court faces several questions in the latest case. Among them: Is it an unconstitutional invasion of privacy for couples to be prosecuted for what they do in their own homes? Is it unconstitutional for states to treat gays and lesbians differently by punishing them for having sex while allowing heterosexual couples to engage in the same acts without penalties?
Sodomy is defined as abnormal sex, in some states including anal and oral sex. Nine states ban consensual sodomy for everyone: Alabama, Florida, Idaho, Louisiana, Mississippi, North Carolina, South Carolina, Utah and Virginia. In addition, Texas, Kansas, Missouri and Oklahoma punish only homosexual sodomy.
States argue that the laws, some dating back more than 100 years, are intended to preserve public morals. The laws are rarely enforced.
Lawyers for John Geddes Lawrence and Tyron Garner said the men were bothering no one in 1998 when they were arrested in Lawrence's apartment, jailed overnight and later fined under Texas' Homosexual Conduct Law, which classifies anal or oral sex between two men or two women as deviate sexual intercourse.
The men's lawyers said the convictions would prevent them from getting certain jobs, and would in some states require them to register as sex offenders. They were arrested after police responded to a false report of an armed intruder in Lawrence's apartment. Police entered the unlocked apartment and found the men having sex.
Lawrence and Garner were fined $200 after pleading no contest to misdemeanor charges.
"The idea that a state may enter into American bedrooms and closely inspect the most intimate and private physical interactions ... is a stark affront to fundamental liberty that the court should end," said Harlow, one of the men's lawyers.
Harlow said in court filings that the latest census found more than 600,000 households of same-sex partners in America, including about 43,000 in Texas. She said the Texas law treats gays as second-class citizens.
William Delmore III, an assistant district attorney in Texas, said people who don't like the law should take it up with the Texas Legislature, not courts.
He said homosexual sodomy has been considered criminal behavior for centuries. The conduct "could not conceivably have achieved the status of a fundamental right in the brief period of 16 years" since the Supreme Court last reviewed it, Delmore wrote in the state's court papers.
Over the past decade, state courts have blocked sodomy laws in Arkansas, Georgia, Kentucky, Montana, and Tennessee. A Louisiana appeals court recently upheld that state's 197-year-old law banning all oral and anal sex.
Delmore said the Texas law does not just target gays and lesbians. He said it also could be used for bisexuals and heterosexuals "who are tempted to engage in homosexual conduct." The law is part of Texas' "communal belief that the conduct is wrong and should be discouraged," he wrote in a filing.
In a brief supporting Texas, the California-based Pro Family Law Center said states should be given leeway to protect the public from the spread of diseases like AIDS (news - web sites).
Civil rights groups including the Human Rights Campaign urged the court to intervene, saying the laws are responsible for "stigmatizing gays and lesbians as outlaws" and "contribute to an atmosphere of hatred and violence" against gays.
The case is Lawrence v. Texas, 02-102.
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"A man who fails well is greater than one who succeeds badly. - Thomas Merton
"See, that's where you're a dummy. I think about what you grew up with, and then I look at what you are. It makes me proud. It makes me love you more." - Willow
Quote:
DENIED: The Nebraska Supreme Court on Friday rejecting a bid to increase the damage award to the mother of Teena Brandon, the cross-dressing woman whose murder was the subject of 1999's powerful drama Boys Don't Cry.
"Skin mags! Skin mags!" -- Amber Benson
"Skin mags! Skin mags!" -- Amber Benson
It wasn't our world anymore, they made it theirs and they had fun - Willow
Edited by: DaffyQDuck at: 12/7/02 11:17:25 pmQuote:
NEW YORK (CNN) -- Marvel Comics plans to break new ground in the comic book industry by introducing the first openly gay title character in a comic book.
The character will appear in a revival of the 1950s title, "The Rawhide Kid." Marvel expects a February debut.
The new series pairs the original artist, John Severin, now 86, with Ron Zimmerman, a writer for the "Howard Stern Show."
The Rawhide Kid has been a Marvel character since the 1950s both as a main and a secondary character. However, it was not until Zimmerman approached Marvel with his idea of a homosexual Rawhide Kid that sexuality was mentioned in the discussion of the character.
Although shy with girls, the original Rawhide Kid was not intended to be gay. The new version uses double entendres and euphemisms to reveal his homosexuality without saying anything explicitly. Based on a blurb on Marvel's Web site, the tone may be campy.
In a bubble in the first edition of the series, Rawhide Kid comments about the Lone Ranger: "I think that mask and the powder blue outfit are fantastic. I can certainly see why the Indian follows him around."
Brian Reinert, Marvel's public relations officer, said that Marvel has always been "interested in tapping into stories that are relevant today." He expects the reactions to this comic to vary.
Although many readers will accept the new sexuality of the Marvel hero, Reinert expects possible negative responses from people who don't accept homosexuality and readers who do not want to see a change in their beloved character.
"When you tackle these issues it will always push buttons," he said.
Marvel is planning six stories over the next six months. After looking at the response to those issues they will decide whether to continue production and whether they would be interested in more series with gay title characters.
Although Rawhide Kid is the first gay title character, Marvel does have several existing gay characters, such as North Star of the "X-Men" comic book series.
The Rawhide Kid series, beginning with the first edition "Rawhide Kid: Slap Leather," will run about 22 pages and have a suggested retail price of $2.95.
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Transsexuals' rights victory after 30 years
Clare Dyer, legal correspondent
Tuesday December 10, 2002
The Guardian
Transsexuals are to be given the right to change their birth certificates and marry in their adopted sex, after a 30-year legal battle.
The lord chancellor, Lord Irvine, is poised to announce the change just weeks before a male-to-female transsexual was due to ask the House of Lords for a ruling that her 20-year marriage to a man was valid.
The move has been forced on ministers by a judgment last July from the European court of human rights in Strasbourg, holding that the UK law, which insists that gender is irrevocably established at birth, violates transsexuals' right to respect for private and family life.
The Strasbourg judges said: "A serious interference with private life arose from the conflict between social reality and law, which placed the transsexuals in an anomalous position in which they could experience feelings of vulnerability, humiliation and anxiety.
"In the 21st century the right of transsexuals to personal development and to physical and moral security in the full sense enjoyed by others in society can no longer be regarded as a matter of controversy requiring the lapse of time to cast clearer light on the issues involved."
The UK is one of four countries in Europe - with Albania, Andorra and Ireland - which still refuse to allow transsexuals to alter their birth certificates. The ban has barred them from marrying in their new sex, affected the age at which they qualify for a state pension and infringed their privacy by ensuring that their previous history is inevitably revealed to any new employer.
A month before the Strasbourg judgment, which the government expected to lose, a working group of officials from 12 government departments was reconvened to consider how to take reforms forward.
In a series of court cases judges have expressed sympathy for the plight of transsexuals, but said reform was a matter for parliament.
Elizabeth Bellinger, whose case is scheduled for hearing in the House of Lords next month, narrowly lost her case by a majority of two to one in the court of appeal in July 2000. Both judges who ruled against her called on the government to change the law.
Last July the Strasbourg court ruled in favour of Chris tine Goodwin, formerly a male bus driver, and another male-to-female transsexual named only as "I". Ms Goodwin claimed that the UK government violated her right to a private life and discriminated against her by making her wait until she was 65 for a state pension.
Ms I argued that her right to respect for her private life was breached because she had to produce a birth certificate showing her as male to register for a nursing course.
Stephen Whittle, of the transsexuals' campaigning group Press for Change, said: "I'm really pleased they're finally doing it. The fact that they're waiting nearly six months from the Strasbourg decision is appalling."
Dr Whittle, a female-to-male transsexual and law lecturer who has played a leading role in the campaign for transsexuals' rights, said the group was concerned that there might be loopholes in the new law and delays before it went on the statute book.
"There's no point in doing it if there are loopholes. The nature of the loopholes is what has caused trouble in the past.
"What I really want to know is that they're going to do it in the next session. Are they going to put in place more consultative processes because if they are we're on a hiding to nothing."
He said that one stumbling block was what should happen to people who had changed sex but remained within existing marriages, in some cases for pension reasons. Ministers were divided on whether they should have to divorce if they wanted to change the sex on their birth certificates.
Christine Burns, of Press for Change, said: "It's vital that the proposals provide full legal recognition for all purposes. If there are any exceptions, it will be worthless."
Lynne Jones, Labour MP for Birmingham Selly Oak and chairwoman of the parliamentary forum on transsexualism, said: "I hope any measures the government introduces will get a fair wind in the Commons and the Lords and we'll start to catch up with more advanced countries."
You stole the sun from my heart
skittles
"And laying his finger aside of his nose, giving a nod, up the chimney he rose...
... And I heard him exclaim, ere he drove out of sight, 'Happy Christmas to all, and to all a good night!"
-- from A Visit from St. Nicholas, CCMoore
Wenn Du denkst, Du denkst, dann denkst Du nur, Du denkst, denn beim Denken der Gedanken kommst Du nur auf den Gedanken, daß das Denken der Gedanken ein gedankenloses Denken ist.
skittles
"And laying his finger aside of his nose, giving a nod, up the chimney he rose...
... And I heard him exclaim, ere he drove out of sight, 'Happy Christmas to all, and to all a good night!"
-- from A Visit from St. Nicholas, CCMoore
Quote:
Civil rights are imperative to people whose gender identity or expression does not conform to preconceived definitions of female and male. Gender-inclusive civil rights legislation is needed protect both those who identify as transgender and gender-variant lesbians and gay men who are routinely denied access to basic health care, service in restaurants or stores, housing, employment and contractual services because of their gender identity and expression.
For example, in New York City a federal discrimination suit was recently filed against a beauty salon that fired one of their many lesbian employees for looking "too butch". Such discrimination would still be permissible under SONDA legislation as it is currently written, marginalizing and stigmatizing tens of thousands of New Yorkers while extracting a huge toll in lost wages, increased expenditures on social services and the denial of basic human dignity to which everyone is entitled.
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"Life's not a bitch. It's a dominatrix. And you are her bitch." -Hazumi
skittles
"And laying his finger aside of his nose, giving a nod, up the chimney he rose...
... And I heard him exclaim, ere he drove out of sight, 'Happy Christmas to all, and to all a good night!"
-- from A Visit from St. Nicholas, CCMoore
Wenn Du denkst, Du denkst, dann denkst Du nur, Du denkst, denn beim Denken der Gedanken kommst Du nur auf den Gedanken, daß das Denken der Gedanken ein gedankenloses Denken ist.
Oh, wait, I forgot; according to the church it's okay to be gay, you just can't 'do' gay. (grumble).
Quote:
LOS ANGELES, California (CNN) -- A 15-year-old female student who says she was banned from gym class at school because she is a lesbian filed a lawsuit Tuesday against her instructors and the school district, accusing them of discrimination.
Ashly Massey and her mother, along with the American Civil Liberties Union and the National Center for Lesbian Rights, filed the lawsuit in U.S. District Court in Los Angeles.
They claim that in March, when Ashly was an 8th grade student at Coombs Middle School in Riverside County, she was removed from physical education class and made to sit in the school principal's office.
The suit alleges that Ashly's gym teacher told the girl's mother, Amelia Massey, that her daughter's sexual orientation made other girls in the class "uncomfortable being around Ashly in the locker room."
The gym teacher allegedly told Ashly she was no longer allowed to go to P.E. class, and for the next week and a half Ashly said she was made to sit in the principal's office instead of participating in the class.
"Every day that Ashly sat in the office, other students would see her there and ask her why she was there," the suit says. "The other students assumed she had done something wrong and was in the principal's office to be disciplined."
Ashly said the situation was "humiliating and denigrating" and made her feel that she was being punished because of her sexual orientation.
Among other claims in the lawsuit, Massey's attorneys say their client's right to equal protection under the 14th Amendment to the Constitution was violated and that the "defendants' conduct constituted discrimination on the basis of sexual orientation in violation of California Education Code."
The suit names the Banning Unified School District, Massey's gym teacher, principal, vice principal, and school superintendent as defendants.
Massey and her mother are seeking monetary damages and asking teachers and administrators in the school district to conduct an anti-bias program.
CNN was unable to reach the Banning School District or their attorneys for comment.
Tk's new and improved "GrrArgg"...Tk's Heaven
Spank me, I'm Julia.
Quote:
Members of both parties say the only traditional civil rights proposal with even a slim chance of gaining bipartisan support in the coming session does not deal with race. Instead, the bill would make it a federal crime to physically attack someone because of his or her sexual orientation, sex or disability. It came close to passing in 2000 but lacked enough Republican support this year. (Mr. Frist and Mr. Lott opposed it.)
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The ‘quiet QC’ who is Britain’s first openly gay judge by Martin Delgado
Britain has its first openly gay high court judge. The appointment of Adrian Fulford, a 49-year-old QC, has been welcomed by gay rights campaigners as a development of ‘monumental importance’.
Mr Justice Fulford, as he will now be known, has been entrusted with a post of tremendous political sensitivity.
He is to be Britain’s representative at the International Criminal Court, the controversial new war crimes forum which most countries have signed up to but America is still boycotting.
Described by colleagues as an easygoing, pleasant and confident man, he lives with his long-term partner, Spanish student Luis Tejado, in a £500,000 terraced house in Stoke Newington, North London.
He is on record only once as having spoken publicly about his sexuality and that was an in an interview with Gay Times ten years ago when he described what it as like to be shunned by colleagues.
‘What made me absolutely determined to be out – apart from the question of personal integrity – was watching other barristers who were desperate not to be revealed as being gay,’ he said.
‘I couldn’t face the prospect of ending up like one of them. You see them in bars and pubs or clubs, other members of the bar who, when they see me, will turn their backs, will do anything not to be associated with me, with anyone who is “out” at work.’
As a junior barrister, he specialised in gay-related cases and in the late Eighties and early Nineties nearly half his workload was in this area of law.
He was in the defence team in the notorious Operation Spanner trial of 1990 when a group of men were jailed for taking part in consensual sado-masochistic sex. He also defended two lesbians accused of ‘glassing’ a doorman at the Colherne pub, a gay haunt in West London.
But as his career took off as a member of barrister Michael Mansfield’s chambers, he concentrated on mainstream criminal work and took on a number of high-profile cases, including defending footballer Dennis Wise, accused of assaulting a taxi driver.
Another of his clients was schizophrenic knifeman David Morgan, given ten life sentences for slashing the throats of 17 women in a rampage in a Birmingham department store in 1994.
Mr Fulford briefly attracted unwelcome attention in 2001 when he was among defence barristers criticised by Mr Justice Butterfield for ringing up a massive legal aid bill in the trial of four Afghans accused of hijacking a plane at Stansted Airport.
But apart from that, the former boarding school pupil and Southampton University graduate has remained steadfastly out of the public eye – a virtue which may have commended him to the Lord Chancellor, Lord Irvine, during his latest round of appointments to the bench.
In his Gay Times interview in 1992, Fulford described the ‘wonderful’ ceremony of ‘taking silk’, when newly appointed QCs are required to dress up in old-fashioned finery.
‘They start with patent leather silver buckled shoes, then silk stockings and silk breeches. There’s a sort of 18th Century frock coat, the most enormous silk jabot (frilled handkerchief), a great silk gown and full-bottomed wig that practically comes down to your waist. It’s outrageous, a fabulous costume, but you only get to wear it for the one day.’
Veteran gay rights campaigner Peter Tatchell said Mr Fulford’s appointment was a ‘monumental milestone’ which showed that barriers in the legal profession were slowly coming down at last.
Colin Richardson, who did the Gay Times interview, told The Mail on Sunday : ‘We had a long and very pleasant conversation. It was clear even then that his ambition was to be a judge but he didn’t want to be known as a gay judge – he wanted to be known for doing what he’s good at.
‘What makes this appointment so significant is that the Lord Chancellor would have been well aware that Adrian is gay.’
There is a thriving Bar Lesbian and Gay Group and current official guidelines are also much more inclusive.
Would-be judges are told: ‘The Lord Chancellor will recommend for appointment the candidates who appear to him to be the best regardless of gender, ethnic origin, marital status, sexual orientation, political affiliation, religion or disability, except when the disability prevents the fulfilment of the physical requirements of the office.’
Mr Justice Fulford’s neighbour, Mr Paul Deodat, a retired post office sorter, said last night: ‘He’s a very friendly man. He and his partner invited us all round for drinks over Christmas.’
Mr Justice Fulford declined to comment, saying he was bound by rules which bar judges from giving interviews save in exceptional circumstances.
skittles
"I love the with a love I seemed to lose With all my lost saints, - I love thee with the breath,
Smiles, tears, of all my life!! - and, if God choose, I shall but love thee better after death."
-- Elizabeth Barrett Browning, Sonnet XLIII, from the Portuguese
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