Gay – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Mormon Church Cut Off Microphone When Young Girl Came Out as Gay https://legacy.lawstreetmedia.com/blogs/culture-blog/mormon-church-cut-off-microphone-young-girl-came-gay/ https://legacy.lawstreetmedia.com/blogs/culture-blog/mormon-church-cut-off-microphone-young-girl-came-gay/#respond Sat, 24 Jun 2017 21:18:39 +0000 https://lawstreetmedia.com/?p=61657

The clip recently went viral.

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"Microphone" courtesy of freestocks.org; license: public domain

Last month, a video clip of a 12-year-old girl coming out as gay in front of her Mormon church in Utah went viral. Her parents were supportive of her, but her story was interrupted when the microphone was shut off. The church leader then asked the girl, Savannah, to sit down.

After that, a lot of people took Savannah’s side, commending her for her courage and criticizing the church for silencing a child who spoke of something that is so important to her. Last month, she was interviewed in an episode of the Mormon gay podcast “I like to look for rainbows.” Her situation highlights a problem that many people face–how to balance being LGBT with their faith.

But Savannah’s story hasn’t quieted down. Last week, Mormon blogger Scott Gordon criticized Savannah and her parents for giving the speech during the weekly testimony meeting. He wrote that the media is wrongly trying to paint the church leader who interrupted her as the bad guy. Gordon wrote:

This isn’t about whether a girl is struggling with her sexuality, or about how a Church leader handled it. This is a clear case of hijacking a meeting, promoting false teachings, and exploiting a child’s inexperience to create a media event.

Savannah’s mother, Heather Kester, said that those words hurt. But she hopes that in the long run, her daughter’s speech could help bring about some positive change in the church. Savannah said she wanted to support other LGBT Mormons. “There’s been a lot of homicides or deaths, and a lot of them have been kicked out from their house because they have not been accepted by their parents, and that’s really hard,” she said.

The Mormon Church differentiates between “having homosexual feelings,” and acting on those feelings. According to a column on the website of the Church of Jesus Christ of Latter-day Saints, “People who experience same-sex attraction or identify as gay, lesbian, or bisexual can make and keep covenants with God and fully and worthily participate in the Church.” However, as soon as they act on those feelings, they commit a sin.

Last fall, the Mormon Church added a web page to its official website, in support of people that are Mormon and identify as LGBT. But the site still carries the same message; that being gay is wrong. It states that a marriage is to be between a man and a woman and that “will not change,” and warns that sexual desire can be fluid, so that young people shouldn’t rush to conclusions about their sexuality.

Many gay Mormons say this approach is not good enough. As recently as 2015, the church adopted a new policy that said same-sex couples who are married are to be seen as apostates. They could be forced to undergo disciplinary hearings and could be kicked out of the church. Children of a same-sex couple could not join the Mormon church until after they turn 18, and only after moving out from their parent’s home and publicly disavowing same-sex marriage.

“No part of me is a mistake. I do not choose to be this way, and it is not a fad,” Savannah said in her speech. This is a very brave thing to say when you are 12 years old. And she doesn’t seem to regret it, it even though the leader of the church cut her short by switching off the microphone.

“I think they did that because they didn’t want my message,” Savannah said on Wednesday. “I don’t want to be mean to them if this isn’t true, but I felt like they were scared of me and what I was saying.”

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Why does the Tennessee Legislature Care About a Lesbian Couple’s Divorce? https://legacy.lawstreetmedia.com/blogs/law/tennessee-legislature-lesbian/ https://legacy.lawstreetmedia.com/blogs/law/tennessee-legislature-lesbian/#respond Sat, 13 May 2017 20:43:47 +0000 https://lawstreetmedia.com/?p=60740

It involves a child custody case.

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Image courtesy of Hey Paul Studios; License: (CC BY 2.0)

A lesbian couple from Knoxville, Tennessee, has officially gotten divorced–but it wasn’t without a hard-fought legal battle that ended up involving the state legislature. In a first for the conservative southern state, a woman has been designated as the “husband” in a custody case. Knox County 4th Circuit Court Judge Greg McMillan’s ruling, which was anticipated, came as the Tennessee legislature was attempting to file a bill that would preclude gay and lesbian couples from being covered under gender-specific words in custody cases.

Sabrina and Erica Witt were married in 2014 in Washington D.C., where gay marriage was legal. At that point, gay marriage wasn’t legal in Tennessee, so when they had a child via artificial insemination, carried by Sabrina, Erica wasn’t included on the birth certificate. McMillan initially ruled that because the language in the Tennessee custody law was specific, and referred to “husband” and “wife,” only Sabrina could have custody. However, more recently, he ruled that the law could be applied to their case.

McMillan’s decision granted both Sabrina and Erica custody. Erica is viewed as the “father” in this situation, and has the right to see her child. Moreover, she is on the hook for child support payments.

But, while the Witts’ case was making it way through the courts, local legislators took notice. A few days after the ruling, the state legislature passed a bill that requires judges in McMillan’s situation to give “natural meaning” to words that are gendered. Governor Bill Haslam signed the bill. However, the legislature was prevented from intervening in this particular case, by McMillan’s decision. The lawmakers are appealing that decision.

LGBTQ rights groups in the state and nationally reacted with outrage that the state legislature was inserting itself into an individual family’s custody battle.

However, that new law is already wrapped up in a lawsuit. Four married lesbian couples, each of whom are pregnant, are suing the state over the law, claiming that it clearly was enacted with the intention to discriminate against gay couples. There are also concerns that this law could conflict with the decision that legalized same-sex marriage in 2015, Obergefell v. Hodges.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Why is YouTube Restricting LGBTQ Content? https://legacy.lawstreetmedia.com/blogs/technology-blog/youtube-lgbtq-content/ https://legacy.lawstreetmedia.com/blogs/technology-blog/youtube-lgbtq-content/#respond Tue, 21 Mar 2017 14:12:54 +0000 https://lawstreetmedia.com/?p=59685

Users made this upsetting discovery over the weekend.

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"Youtube" courtesy of Esther Vargas; license: (CC BY-SA 2.0)

YouTube features a “restricted mode” that is supposed to make the content that it displays family friendly. You would think that just means no violent or sexual content. But it seems like the filter often sorts out content made by or for lesbian, gay, bisexual, and transgender people, and over the weekend many users complained about the issue. Some of YouTube’s biggest stars posted screenshots of what their feed looks like in the restricted mode.

On Sunday, YouTube said that this filter only affects videos with sensitive content, such as politics, health, and sexuality. But some users called its bluff. Singer-songwriter duo Tegan and Sara, two sisters who are both gay, said that several of their music videos disappeared in the restricted mode. The pair pointed out that the only gay content in the videos is them.

Many users didn’t accept YouTube’s explanation that it was looking into the problem, or that it only affects a small group of users. But the video sharing website has always maintained that the LGBTQ community is important and did so again on Sunday evening.

Transgender YouTube star Gigi Gorgeous is one of the people whose videos were blocked, and she said that maybe her clips describing her transition were the reason. But, she said, those videos could be very helpful for young people struggling with their own gender identity, who might not know that there are more people like them out there and are looking for role models.

Some people pointed out that the censoring of innocent videos featuring LGBTQ personalities could help increase stigmatization for young gay or transgender people who look to the internet for advice or inspiration. YouTube described the filter as “an optional feature used by a very small subset of users who want to have a more limited YouTube experience.” Apparently the restricted mode relies on users “flagging” certain posts, so it’s not farfetched to believe that some people with anti-gay sentiments are sitting there flagging posts that upset them.

On Monday, YouTube tweeted again that it’s looking into the issue, but many people want more answers about how it could prevent this from happening in the future.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Yale Law Students Help Gay Veteran Gain New Recognition https://legacy.lawstreetmedia.com/schools/yale-law-gay-veteran/ https://legacy.lawstreetmedia.com/schools/yale-law-gay-veteran/#respond Tue, 10 Jan 2017 20:47:48 +0000 https://lawstreetmedia.com/?p=58084

The man is now 91.

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Image courtesy of Photos of the Past; License: Public Domain

In 1948, H. Edward Spires was discharged as “undesirable” from the military because he was gay. On Friday, his discharge was finally updated to “honorable,” after almost 70 years. “My first thought was, ‘it’s about time,” Spires said on Monday. “I can lift my head again.” One of the law students who worked on the case, Erin Baldwin, doesn’t know why the Air Force changed its mind, since Spires has requested the change several times. “I’m not sure we can say with certainty but it was helpful that he had support from a lot of different places,” she said.

When the “Don’t Ask, Don’t Tell” policy, which banned openly homosexual soldiers from serving in the military, was repealed in 2011, Spires became qualified to ask to upgrade his discharge. But the Air Force claimed that a 1973 fire had destroyed his military records, and denied his application. In November, a group of law students from the Yale Veterans Legal Services Clinic helped Spires and his husband David Rosenberg, who is also a veteran, file a federal lawsuit. Spires is currently recovering from pneumonia, which made the issue even more pressing.

Finally, the military granted his request. In a letter signed last Thursday, the Air Force Board for Correction of Military Records acknowledges Spires’ request and writes, “Sufficient relevant evidence has been presented to demonstrate the existence of an injustice.”

Spires enlisted in the military when he was 20 years old, in 1946. He was assigned the role of a chaplain’s assistant at the Air Force Base in San Antonio and was soon promoted to the rank of sergeant. He told NBC in November that he lived a closeted life whenever he was at the base. Spires loved San Antonio and was part of a small community of other closeted gay men. But all of that changed when he went to a Halloween party dressed as the soap Oxydol, which was advertised at the time as very sparkly. So Spires dressed “very sparkly and that was taken as being in drag,” he said. “Someone at the party recognized me and said, ‘Ah-ha! He must be gay.’”

After that, the military treated him differently; officers interrogated him for weeks, asked personal questions about his life, and sent him to meet a board of inquiry every day for a week. Spires was too ashamed to tell his mother what was going on, even though she came to visit him at the same time as the trial. He said:

I had to be my own attorney. They did not furnish me an attorney because I was thought of as nothing. They were already convinced I was gay and that I was guilty. […] I can’t tell you how terrible it was. I couldn’t tell her, I can’t spend days with you because I’m on trial.

He collapsed under the pressure, and was discharged because of “undesirable habits and traits of character,” in June of 1948. He never came out to his parents, but met his husband in 1956 and married him in 2009. Rosenberg said that there was a big difference in how the military treated the two men; his husband was honorably discharged despite being gay. “It is an injustice that the military has treated Ed and me so differently, despite our equal honorable service,” he said at a press conference in November.

But finally, Spires’ will has been granted and he can relax. The couple said that they will celebrate in Florida next month. Spires said, “I’m still recovering from pneumonia but every day seems a little brighter. This is one thing less on my mind…I can smile again.”

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Orlando Shooter’s Wife Knew About Attack, Could Face Charges https://legacy.lawstreetmedia.com/news/orlando-shooters-wife-knew-about-attack-may-be-facing-charges/ https://legacy.lawstreetmedia.com/news/orlando-shooters-wife-knew-about-attack-may-be-facing-charges/#respond Wed, 15 Jun 2016 17:19:03 +0000 http://lawstreetmedia.com/?p=53201

She took him on reconnaissance trips to Pulse and other locations around Orlando

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Orlando gunman Omar Mateen’s wife feared he would do something drastic and violent when he left their home on Saturday night, but he assured her he was just going to meet his friends. Authorities are now investigating how much 30-year old Noor Zahi Salman actually knew about her husband’s plans to attack the gay nightclub Pulse. Whether she will face any criminal charges is still unclear.

Both “Scoped Out” Orlando Locations

According to recent reports, Mateen had his wife drive him to Pulse nightclub in Orlando earlier in June to “scope it out.” They lived two hours away, in Port St. Lucie. They also looked into other locations, such as Disney World and the shopping complex Disney Springs. Salman was also with Mateen when he bought ammunition and a holster. Investigators said it’s unclear whether she knew of his eventual intentions at the time, though an anonymous law enforcement source told Reuters that she did. She could face criminal charges as early as Wednesday.

Responding to speculation over whether or not Mateen was secretly gay, his father Seddique Mateen said that his son’s marriage was good and that if he were gay his wife of three and a half years would have known about it. He also said that Mateen was really upset when he once saw two men kissing. However, regulars at Pulse nightclub said Mateen came there frequently to meet men.

Mateen was married twice, and his ex-wife described their five-month marriage in 2009 as violent and abusive, calling him bipolar and emotionally disturbed. He would beat her, pull her hair, and keep her from seeing her family. She also told TIME that he had some behaviors that “most straight men don’t”, such as spending a long time in front of the mirror and “little movements with his body.”

A Complicated Picture

The motive for the shootings is still unclear. Mateen pledged allegiance to ISIS when he called 911 during the attack at Pulse, but according to authorities he was self-radicalized over the Internet and there are no signs of a connection to the organization. Opinions about his personal life differ, with his father calling him homophobic, and his ex-wife thought he wasn’t “totally straight.” Neighbors described him as a completely normal man, while gay men he met at Pulse said he was “strange.”

The mass shooting in Orlando is the largest in US history and killed 49 people and leaving 53 injured. Even though FBI investigated the shooter in 2013 and 2014, he was legally able to buy weapons and ammunition. He was killed after a three-hour standoff with police.

Read Law Street’s original post about the Pulse attack here.

 

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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First Gay Group Marches in the NYC St. Patrick’s Day Parade https://legacy.lawstreetmedia.com/news/first-gay-group-marches-in-nyc-st-patricks-day-parade/ https://legacy.lawstreetmedia.com/news/first-gay-group-marches-in-nyc-st-patricks-day-parade/#respond Tue, 17 Mar 2015 21:45:44 +0000 http://lawstreetmedia.wpengine.com/?p=36185

NYC's St. Patrick's Day Parade welcomed its first gay organization, but did it do enough?

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Image courtesy of [The All-Nite Images via Flickr]

It’s St. Patrick’s Day, and like every year, it’s celebrated nationwide with green-hued parades. New York City’s St. Patrick’s Day Parade is the nation’s largest and, at 250 years running, the oldest. But today they made history by becoming LGBT friendly. OUT@NBCUniversal, a corporate group for gay employees of NBCUniversal, became the first gay group to march in the parade. However still unsatisfied with its level of inclusion, Mayor Bill de Blasio and the City Council boycotted the parade for the second year in a row.

Organizers of the parade banned LGBT organizations for decades from participating in the event based on Roman Catholic opposition to homosexuality. The ban did not explicitly ban LGBT members from marching, but rather prohibited them from carrying banners marking them as LGBT. Last fall, organizers announced that they would finally be lifting the ban this year in response to public protest and loss of corporate sponsors including beer giants Heineken and Guinness.

According to USA Today, NBCUniversal Executive Vice President and Chief Diversity Officer Craig Robinson issued a statement saying:

We approach the opportunity with respect for the event’s heritage, culture and tradition, as well as hope and excitement for this first step towards an increasingly inclusive era for the parade.

Cities such as Boston and Washington D.C. allowed gay groups to participate in their St. Patrick’s Day parades this year as well, but with over 300 organizations marching in NYC’s parade, some still aren’t impressed with the parade’s admittance of only one LGBT org.  According to MSNBC, Mayor Bill de Blasio refused to walk again this year, opting to instead participate earlier this month in an alternative St. Patrick’s Day parade, known as the St. Pat’s for All parade. That event promotes equality and acceptance. De Blasio’s office issued a statement explaining the mayor’s decision saying:

St. Patrick’s Day parades from Boston to Dublin have opened their arms to the LGBT community. The decision by the 5th Avenue parade organizers to include one group from NBC, while a step in the right direction, is still not inclusive enough. The mayor hopes more progress can be made soon, and the parade will be more inclusive in the future, and if that happens he will be happy to participate. But until then, he will continue to decline to march.

He does have a point. One out of 300 is hardly a bastion of equality, and I’m impressed with De Blasio’s persistence in standing up for equal opportunities for all of his constituents. The Catholic Church’s views on matters like homesexuality and contraception have loosened in recent years under the leadership of Pope Francis, but the parade’s outdated lack of acceptance is not representative of that. De Blasio and others’ boycott of the parade sends a message to officials that they’ve made a nice start but they can do better still.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Happy Valentine’s Day! Gay Weddings May Soon Be Sanctioned by SCOTUS https://legacy.lawstreetmedia.com/blogs/culture-blog/happy-valentines-day-gay-weddings-may-soon-sanctioned-scotus/ https://legacy.lawstreetmedia.com/blogs/culture-blog/happy-valentines-day-gay-weddings-may-soon-sanctioned-scotus/#comments Thu, 12 Feb 2015 17:39:24 +0000 http://lawstreetmedia.wpengine.com/?p=34001

The Supreme Court just might let gay couples get married, without any state-by-state restrictions.

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Image courtesy of [JoshuaMHoover via Flickr]

Happy almost Valentine’s Day, my lovelies!

How many of you are planning to spend this Saturday with your wonderful, Cupid-bestowed, significant others?

Vday gif

Awesome. All of the single people want to punch you lovebirds in the face.

But, despite the wave of existential dread this holiday brings to single people everywhere (#foreveralone, am I right?), SCOTUS seems to be in a weirdly lovey mood. In what can only be interpreted as an early Valentine’s Day gift to coupled-up gay people nationwide, SCOTUS dropped a solid hint on Monday that it’ll be making gay marriage a nationwide reality soon.

Early Monday morning, SCOTUS refused to extend the stay on a lower court’s decision that declared Alabama’s ban on gay marriages unconstitutional. Basically, that means that SCOTUS is allowing gay marriages to happen in Alabama right now, despite the fact that the constitutionality of state-level gay marriage bans isn’t on deck to be decided upon until later this summer.

Folks, this is a big fucking deal for gay marriage.

woooo

The validity of state-level gay marriage bans are currently under SCOTUS’ consideration, and it’s uncertain which way the court will rule. Will SCOTUS decide that individual states totally have the right to ban gay marriage? Will it decide that that’s bullshit, and all of the states have to allow marriages of all people, regardless of the couple’s gender pairing?

Basically, until this summer, the answer on that is TBD.

With that understanding, SCOTUS could do well to allow states that currently have gay marriage bans to continue on with their marriage banning. If these states were forced to allow gay marriages during this current limbo period—and if SCOTUS ultimately decided that state level marriage bans were A-OK—then a whole mess of married couples would suddenly find themselves in a legal quagmire.

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So, why create all that mess? It would make more sense to wait until the decision is final, and then marriages can proceed or not, depending on the official decree.

But that’s the opposite of what SCOTUS did on Monday morning!

The justices ruled, without further comment, that the federal district court in Alabama’s ruling could go forth, allowing thousands of gay couples in the state to get married.

Why would SCOTUS do that if it was planning to uphold the constitutionality of gay marriage bans this summer?

Monday’s decision strongly suggests that, come summertime, SCOTUS will rule that state-level gay marriage bans are unconstitutional, and unfettered gay marriage will reign throughout the land.

I’m really hoping that decision comes through in time for Gay Pride. Can you imagine the parties? GOOD LORD. I’m already excited.

party

For marriage equality advocates across the nation, SCOTUS’ decision Monday morning comes as a welcome victory. Gays in Alabama are happily marrying, and most likely, all of the gays in all of the states will be able to follow suit very soon.

Hurray for all the gay couples who want to get married, for lots of totally valid reasons! Tax benefits, inheritance, hospital visitation rights, health insurance sharing, co-parenting and custody benefits, and citizen sponsorship are just a few of the myriad benefits that legal marriage affords to couples. Signing your name on that dotted line is a huge deal for a lot of people, and it’s a right that tons of people—many of whom I personally know and love—are fighting really hard to secure.

However.

Let’s not forget that marriage is a discriminatory and problematic institution. It’s not the magical cure-all for the LGBT community’s marginalization and disenfranchisement. It’s not even the most pressing issue on our list of things to fix, despite what organizations like the HRC and Lambda Legal might have you believe.

nope

Violence, poverty, unemployment, criminalization, and homelessness are all issues that are—or should be—more highly prioritized on the docket of LGBT issues than gay marriage. Because let’s face it—while well-to-do gay couples are busy planning their weddings, queer youth of color are dying in the streets.

Literally. I’m not exaggerating. Nearly half of the homeless population is comprised of LGBT kids. Trans women of color are getting murdered left and right. This shit is real.

So, while I’m totally enthused about SCOTUS’ hat tip this week in favor of the gay marriage fight, I’m not waving the rainbow flag of victory just yet. No matter which way their final decision goes this summer, we’ll still have a lot more work to do before the queer community can live safely and equitably in American society.

So Happy Valentine’s Day, lovelies! You might be able to get married soon. And then, after your wedding bells have died down, we’ll all have to keep working towards real justice.

Hannah R. Winsten
Hannah R. Winsten is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow. Contact Hannah at staff@LawStreetMedia.com.

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The FDA’s New Blood Donation Policy Still Discriminates Against Gay Men https://legacy.lawstreetmedia.com/news/fda-new-blood-donation-policy-still-discriminates-against-gay-men/ https://legacy.lawstreetmedia.com/news/fda-new-blood-donation-policy-still-discriminates-against-gay-men/#respond Tue, 30 Dec 2014 19:58:35 +0000 http://lawstreetmedia.wpengine.com/?p=30755

The FDA changed its blood donation policy, but it still discriminates against gay men to the tune of over 600,000 fewer pints of blood each year.

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Image courtesy of [ec-jpr via Flickr]

This summer, fellow Law Streeter Brittany Alzfan wrote about the National Gay Blood Drive, which was the second event of its kind and served as an attempt to draw awareness to the fact that gay men are prevented from donating blood by the Food and Drug Administration (FDA). The FDA recently acted to change those restrictions, but activists worry that the change doesn’t really do much to alleviate the discrimination against gay men who want to donate blood.

The new policy allows gay men to donate blood, but only if they haven’t had sex with another man in the last 12 months. So essentially, only celibate gay men are allowed to donate–for the vast majority of adults, this changes nothing. It does the exact same thing as the lifetime ban–prevents gay men from donating–but without saying so in the same words. The FDA is basically pretending to change its policy and hoping no one notices that it’s still essentially the same discriminatory policy.

There really are numerous problems with the FDA’s policy. First of all, it reflects outdated science. Donated blood is tested for HIV regardless of who donates it. That’s smart, pragmatic science, given that HIV can be transmitted through any sort of sexual activity, regardless of the participants’ genders or sexual identities. It can also be transmitted through needle-sharing, or other manners that have absolutely nothing to do with sex. As Scott Schoettes of Lambda Legal explains:

Within 45 days of exposure, currently required blood donation testing detects all known serious blood-borne pathogens, including HIV.  Therefore, a deferral of more than two months—for anyone—is not necessary and does not noticeably enhance the safety of the blood supply.

Given that HIV tests are pretty quick and reliable–some tests can detect HIV as early as nine days after infection–this 12 month timeline seems arbitrary at best.

Moreover, the ban is insulting. When donating blood, participants are required to be honest about their medical and personal issues. Questions asked at donation locations include inquiries about travel history, whether or not the donors have gotten tattoos, and about HIV, AIDS, Malaria, and a whole host of other diseases. These are questions for everyone–regardless of age, gender, ethnicity, or sexuality. So why does the FDA believe that absolutely everyone who goes in to give blood can be trusted except for gay men? There’s only one word for that: demeaning.

Finally, the FDA ban–even the new, almost equally bad ban–might be dangerous on a larger scale. By not allowing gay men to donate, the agency is turning away potentially life-saving donations. The Williams Institute at UCLA estimates that if the ban were lifted, donations would increase dramatically. As the institute put it:

If the current MSM [men who have had sex with men] ban were completely lifted, we estimate that an additional 360,600 men would likely donate 615,300 additional pints of blood each year.

Instead of a ban, activists argue that the United States should adopt a model like the one that Italy and Spain have. Those two countries screen each person as an individual based on his or her personal risk factors. Since instituting that policy change, there has been no evidence of blood supply contamination.

It does make sense that the FDA would want to keep any HIV-infected blood samples from getting into the donation supply; however, broad discrimination based on nonsensical science and old prejudices is most certainly not the way to do so.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Same-Sex Marriage Legal in Most States: What Does the GOP Do Now? https://legacy.lawstreetmedia.com/news/same-sex-marriage-legal-most-states-gop/ https://legacy.lawstreetmedia.com/news/same-sex-marriage-legal-most-states-gop/#respond Tue, 07 Oct 2014 16:46:54 +0000 http://lawstreetmedia.wpengine.com/?p=26253

Gay marriage is now legal in the majority of American states.

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Gay marriage is now legal in the majority of American states. The Supreme Court declined to take on cases in Indiana, Oklahoma, Utah, Virginia, and Wisconsin in which lower courts struck down the gay marriage ban. Given that the states of North Carolina, South Carolina, Kansas, Colorado, Wyoming, and West Virginia fall under the purview of the same appeals courts, gay marriage essentially has been legalized there as well.

The speed with which the legalization of same-sex marriage has spread through the United States is nothing short of remarkable. The first state to legalize gay marriage was Massachusetts in 2004. Back then, it was pretty much revolutionary. The Defense of Marriage Act still existed, states were voting to ban same-sex marriage by droves, and sodomy laws had only just been struck down.

In just ten years the trajectory has changed dramatically. In 2004, less than a third of the American population supported legalizing same-sex marriage, now a clear majority does.

With the opinion on gay marriage shifting so dramatically, it’s easy to wonder what role the debate will play in the 2016 election. Will it even be a topic of conversation? Or is this a done deal — states are going to continue to legalize same-sex marriage, probably slowly, until we get to the point where same-sex couples can marry no matter where they are in the United States. Ten years ago, Massachusetts was almost revolutionary, now the practice is common place. In another ten years, will prohibiting gay marriage seem as archaic as the ban on interracial marriage?

Those questions, especially what will happen in 2016, are difficult to answer. There’s a chance that it will still be a topic of conversation, after all, GOP presidential hopeful Ted Cruz had a strong reaction to the news of the Supreme Court’s decision yesterday. He took issue with the court, saying:

This is judicial activism at its worst. The Constitution entrusts state legislatures, elected by the People, to define marriage consistent with the values and mores of their citizens. Unelected judges should not be imposing their policy preferences to subvert the considered judgments of democratically elected legislature.

Ted Cruz essentially said that it should be to the voters to decide whether or not to legalize same-sex marriage. He won the straw poll at the Values Voters Summit, held in Washington D.C. just a few weeks ago. The Values Voter Summit this year apparently focused heavily on anti-Muslim and anti-ISIS rhetoric, but there was still some LGBT-rights bashing as well. The National Organization for Marriage (NOM) was present, and it worked hard to try to convince attendees that the fight against same-sex marriage was by no means over. And some of the speakers did wax poetic about traditional marriage — Rick Santorum, for example, made an appearance.

But the question is, is the Values Voter Summit still representative of a large chunk of the Republican Party? And that’s not just a question that I, as an observer, am trying to answer. It seems to be a question that the Republican Party itself is having difficulty with.

The Republican Party is in a tough place — an issue that it’s worked on for a very long time is no longer really an issue. While it’s tough to tell whether or not the Party will still put any focus on the issue in the 2016 elections, it’s a choice that it is going to have to make for itself. But as more states move toward legalizing gay marriage and more Americans show their support, it will be a difficult choice to make.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Russia’s Anti-Gay Laws: The Discrimination Continues https://legacy.lawstreetmedia.com/issues/entertainment-and-culture/will-russias-new-anti-gay-law-affect-the-sochi-2014-olympics/ https://legacy.lawstreetmedia.com/issues/entertainment-and-culture/will-russias-new-anti-gay-law-affect-the-sochi-2014-olympics/#respond Mon, 06 Oct 2014 19:00:59 +0000 http://lawstreetmedia.wpengine.com/?p=6613

Russia's treatment of its gay citizens has long been very unforgiving.

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Image courtesy of [Kasya Shahovskaya via Flickr]

Russia’s treatment of its gay citizens has long been very unforgiving. The country often systematically discriminates against LGBT citizens, has rashes of hate crimes, and has been decried by much of the international community for the human rights abuses against the LGBT community. Read on to learn about the recent history of LGBT abuse in Russia, current issues, and what the future may hold.


Recent History of LGBT Rights in Russia

Russia is extremely socially conservative when it comes to LGBT rights. The influence of the Eastern Orthodox Church plays a large part in this, as it consistently stands very strongly against homosexuality.

On June 30, 2013, the upper house of Russia’s parliament passed a bill banning propaganda involving non-traditional sexual activity from being given to minors. The law defines propaganda as:

distribution of information that is aimed at the formation among minors of nontraditional sexual attitudes, attractiveness of nontraditional sexual relations, misperceptions of the social equivalence of traditional and nontraditional sexual relations, or enforcing information about nontraditional sexual relations that evokes interest to such relations . . . .

The law sets the penalty for individuals distributing propaganda at 4,000-5,000 rubles ($120-$150). The penalty for groups, such as NGOs or corporations, is up to 1 million rubles ($30,000). There are also harsh penalties for non-Russian citizens who break the laws. Foreigners can be sentenced to 15 days in prison, and possibly even deported from the country.

Around the same time, a much broader blasphemy law came into effect in Russia, which allows for prison sentences of up to three years for those who attend protests that infringe on Russian citizens’ religious feelings.

Putin

Courtesy of AmnestyUK.

HBO just released a documentary entitled “Hunted: The War Against Gays in Russia.” The striking documentary chronicles attacks against LGBT individuals by vigilante groups in Russia, and the consistent indifference of the authorities to the issue. The film depicts the nightmare that LGBT people in Russia face on a daily basis.

Case Study: 2014 Olympic Games

Russia’s approach toward gay rights became a strong topic of contention during last year’s Olympic Games. Yelena Kostychenko, an independent newspaper journalist, said that “this law has brought fascism to my country.” International human rights groups have indicted this law as “the worst human rights climate in the post-Soviet era.” The International Olympic Committee (IOC) heard from various sponsors expressing their concern over the new law. On SumOfUs.org there is a petition signed by 35,000 people asking for Coco-Cola to speak publicly against this law. Forbes even reported that “the safety and dignity of Russians, athletes and fans is in doubt as long as Russia’s anti-gay laws are intact.” In addition to the many activist groups, athletes, and general public against Russia’s anti-gay propaganda law, the “Open Games” has been created. Viktor Romanov’s gay-friendly Olympics in Moscow happened three days after the Sochi Winter Olympics for athletes of any orientation. Romanov has said he isn’t afraid and has taken this law and turned it into an outlet for acceptance.

Others believe that while this law may affect people’s perception of Russia, it should not affect the way athletes viewed the Olympics as an objective, unbiased event that draws on nothing except the skills of the various competitors. Alex Ovechkin stated, “I’m a hockey player and I’m not [into] politics.” Johnny Weir, who is an openly gay retired athlete was an analyst with NBC in Russia. He stated that he will not risk jail time by making a political statement. He, like Ovechkin, mentioned that he was not a politician and would respect Russia’s law. Russian athlete Ilya Kovalchuk agrees with the anti-gay propaganda law and said, “I’m Russian and we all have to respect that. It’s personal and, like I said, it’s a free world, but that’s our line. That’s our country, so everybody has to respect that.”

These athletes may or may not agree with the law, however they understood the importance of respecting Russian ideals. More than 70 human rights organizations showed support over Russia’s anti-gay propaganda law after the first week of publication, and hailed the country as guarding “genuine and universally recognized human rights” issues. Jack Hanick of Fox News supported Russia’s traditional values and banning of anything that diverts from this. The new propaganda law might have left a bad taste in certain people’s mouths, however it did not affect the competition or the actual games.


Conclusion

Despite the fact that Russia’s anti-gay laws didn’t end up having much effect on the 2014 Olympic Games, the conversation is far from over. Russia continues to sit by while the international community observes its many human rights violations happening on its soil. The way in which Russia moves forward on this issue could have a huge impact on its reputation within the international community.


Resources

The New York Times: ‘Open Games’ in Moscow to Test an Antigay Law

Forbes: Gay Rights Protesters Target Sochi Olympic Sponsors Coke, McDonald’s and Samsung

CNN: Russia’s Anti-Gay Law Could Hit Olympic Sponsors

Rawstory: Russia Passes Anti-’Gay Propaganda’ Bill

RYOT: Putin Says He Wants Gay Athletes to ‘Feel Comfortable’ at Sochi Olympics

CNN: Yelena Isinbayeva Defends Russia’s Anti-Gay Propaganda Law

Washington Post: Alex Ovechkin on Russia’s Anti-Gay Laws: ‘I Just Support Everybody’

Life Site: Human Rights Groups Support Russia’s Law to Protect Children From Homosexual Propaganda

Equality Matters: Longtime Fox News Producer Testified in Support of Russia’s Anti-Gay Laws

SB Nation: Ilya Kovalchuk Supports Russia’s Anti-Gay Laws; U.S., Canadian Players Disagree

Advocate: Six U.S. Organizations Voice Support of Russia’s Antigay Law

Russia Beyond the Headlines: New Law Protecting Religious Feelings Divides Russians

Moscow Times: Putin Signs ‘Blasphemy’ and ‘Gay Propaganda’ Bills

Equality Matters: REPORT: Fox News Ignores Russia’s Anti-Gay Crackdown, Winter Olympics Controversy

Guardian: Russia Passes Law Banning Gay ‘Propaganda’

Policy Mic: Russia’s Anti-Gay Law, Spelled Out in Plain English

Law Street Media Staff
Law Street Media Staff posts are written by the team at Fastcase and Law Street Media

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“Gay Panic” Defense Outlawed in California https://legacy.lawstreetmedia.com/news/gay-panic-defense-outlawed-california/ https://legacy.lawstreetmedia.com/news/gay-panic-defense-outlawed-california/#comments Mon, 29 Sep 2014 17:26:23 +0000 http://lawstreetmedia.wpengine.com/?p=25860

There's good news coming out of California right now -- the "gay panic" defense is no longer legal justification for murder. The "gay panic" defense usually has been used for defendants in murder and assault cases. When using it, a defendant explains that he or she was overtaken by temporary insanity that led him or her to kill the victim. Usually the temporary insanity was sparked by an LGBT person supposedly making a pass at the defendant.

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There’s good news coming out of California right now — the “gay panic” defense is no longer legal justification for murder.

The “gay panic” defense usually has been used for defendants in murder and assault cases. When using it, a defendant explains that he or she was overtaken by temporary insanity that led him or her to kill the victim. Usually the temporary insanity was sparked by an LGBT person supposedly making a pass at the defendant.

The “gay panic” (sometimes “trans panic”) defense usually isn’t used with the hope of getting a not-guilty verdict, but rather to get a manslaughter conviction instead of murder. Many states characterize a killing that occurs in a quarrel or heat of passion as manslaughter rather than murder because of the lack of premeditation. For a long time it was believed that people with repressed homosexual leanings may be susceptible to “gay panic,” so this is essentially a version of the “temporary insanity” defense — a horribly homophobic one with no scientific basis.

This week, California became the first state to actually ban use of the “gay panic” defense in court. Governor Jerry Brown just signed the bill after it passed the state legislature with convincing majorities.

It’s important to note that the “gay panic” defense hasn’t really been that effective in court, at least not in recent attempts. Some famous cases have included the 2002 killing of Matthew Shepard, a college student in Wyoming. Shepard, a gay man, was brutally beaten and killed by Aaron McKinney and Russell Henderson. The defense attorney attempted to use the “gay panic” defense for McKinney, but the judge barred it.

But still, despite the fact that it’s not often used or believed, California did a great thing by outlawing it. The fact that it existed, even at the periphery, is offensive. First of all, there’s been absolutely no scientific basis to show that “gay panic” is an actual possibility. It’s offensive pseudo-science.

The “gay panic” defense also puts some responsibility on the victim. It implies that the victim did something — coming on to his killer — that led to his death. Using it to protect a murderer is really not that different than saying that a woman deserved to get raped because she was wearing a short skirt. It puts responsibility on the victim, when really, all responsibility should be on the killer. Executive Director of the National LGBT Bar Association, D’Arcy Kemnitz, made an equally apt comparison, saying:

Every time a woman walks past a construction site and a bunch of guys make propositions to her, should she be able to respond in an assault in maybe even a murderous fashion?

Another problem with the “gay panic” defense is that it also legitimizes homophobia — it says that being gay or trans in cases of the “trans-panic” defense is so abhorrent that it could throw someone into a state of insanity.

Even though the “gay-panic” defense has been mostly debunked, California should be applauded for formally delegitimizing it. It’s an important statement, and one that other states would do well to follow.

Anneliese Mahoney (@AMahoney8672) is Lead Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

Featured image courtesy of [Danny Howard via Flickr]

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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NYC St. Patrick’s Day Parade to Finally Include LGBT Groups https://legacy.lawstreetmedia.com/news/nyc-st-patricks-day-parade-include-lgbt-groups/ https://legacy.lawstreetmedia.com/news/nyc-st-patricks-day-parade-include-lgbt-groups/#comments Fri, 05 Sep 2014 21:21:53 +0000 http://lawstreetmedia.wpengine.com/?p=24056

Good news for those who are both gay and have Irish pride: next year, New York City will allow LGBT groups to march in the St. Patricks Day parade with their own banners. Previously, there had been a ban on allowing gay groups to join in the famous event, which is the biggest in the world. The ban wasn't specifically on LGBT people -- they were allowed to march as long they were with other groups and weren't carrying any sort of banners marking them as gay -- but this was still clearly discriminatory.

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Good news for those who are both gay and have Irish pride: next year, New York City will allow LGBT groups to march in the St. Patricks Day parade with their own banners. Previously, there had been a ban on allowing gay groups to join in the famous event, which is the biggest in the world. The ban wasn’t specifically on LGBT people — they were allowed to march as long they were with other groups and weren’t carrying any sort of banners marking them as gay — but this was still clearly discriminatory.

The ban on gay groups marching in the parade was causing a lot of problems for the organizers — liberal Mayor Bill de Blasio did not want to march as long as the ban was in place, and Guinness refused to sponsor. Heineken withdrew its support as well. Other businesses have also threatened to take away their support if action was not taken.

Somewhat surprisingly, the decision was actually met without protest from many Catholics. In recent years, the Catholic Church has begun embracing LGBT people as individuals, while still standing against the possibility of gay marriage on an institutional level. The allowance of gay groups at the parade is another example of that shift. As the always delightful Stephen Colbert points out, everyone’s pretty much on board with the new rule:

 

Cardinal Timothy Dolan will actually be the grand marshal for next year’s parade, and he’s given his full support to the change in policy, stating:

My predecessors and I have always left decisions on who would march to the organizers of the individual parades. As I do each year, I look forward to celebrating Mass in honor of Saint Patrick, the Patron Saint of Ireland, and the Patron Saint of this Archdiocese, to begin the feast, and pray that the parade would continue to be a source of unity for all of us.

The decision was mostly welcomed by the gay community. It was called a good small step by the Staten Island LGBT Community Center, whose communications manager Emilie Tippens said she hoped for a ripple effect to emerge in other circumstances where LGBT people face discrimination. However, the move did receive some ire from members of the LGBT community. Gay leaders claim that the parade rules were changed not because the organizers actually realized the error of their ways, but because they were forced to by financial and publicity concerns. As a spokesperson for the Human Rights Campaign, Fed Sainz, explained:

In one of the world’s most diverse and inclusive cities, not to allow gay people to march was becoming an anachronistic decision that they could no longer reasonably justify.

While that may be true, it is still a good thing that gay groups will be allowed to march in the parade. The parade is a big draw, and a massive celebration, and for anyone to be restricted is truly a disservice.

Anneliese Mahoney (@AMahoney8672) is Lead Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

Featured image courtesy of [DonkeyHotey via Flickr]

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Heterophones…Because Homophones Are Just Too Suggestive https://legacy.lawstreetmedia.com/blogs/heterophonesbecause-homophones-just-suggestive/ https://legacy.lawstreetmedia.com/blogs/heterophonesbecause-homophones-just-suggestive/#comments Fri, 08 Aug 2014 10:30:05 +0000 http://lawstreetmedia.wpengine.com/?p=22572

Recently, Weird Al Yankovic used his song “Word Crimes” to teach us all how to not make idiots of ourselves when using grammar, but it seems as if not everyone was listening. One man’s lack of attention to basic middle school language rules has created what could literally be a word crime (and Mr. Yankovic, […]

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Recently, Weird Al Yankovic used his song “Word Crimes” to teach us all how to not make idiots of ourselves when using grammar, but it seems as if not everyone was listening. One man’s lack of attention to basic middle school language rules has created what could literally be a word crime (and Mr. Yankovic, if you somehow read this, I mean literally in its proper definition, so please don’t “smack a crowbar upside [my] stupid head.”)

Before I get into the possible crime, though, it’s time for another overdue language lesson. Homo is derived from the Latin for human, and is used in the genus classification seen in the term for the modern human, Homo sapiens. That’s right: we’re all homos. It’s also used as a Greek prefix that means “same,” as in homosexual, meaning someone who is attracted to a person of the same sex.

Another example of the homo prefix is seen in the word homophone, which refers to words that have the same sound but do not have the same meaning.

Courtesy of Funnyjunk.

Courtesy of Funnyjunk.

Examples of homophones can be seen in the following table.

Homo-sounding Words

Urban Dictionary Definitions

My Clever Examples

Ferry

To transport internationally, or across water.

I’d love people to ferry copies of this post to other lands.

Fairy

A gay man who acts more stereotypically feminine than most straight women.

That fairy convinced me to support gay rights with his fine use of diction.

Gaze

In blog terminology, to glare with silent disapproval at a troll who has intentionally attempted to derail a topic.

If people have off-topic comments to this post, all I need to do is type “GAZE“.

Gays

A homosexual male or female.

I backed the gays at the pride parade because they used proper syntax.

Quean

The proper term for a homosexual ‘queen’ (from Elizabethan English: a male or female who sells himself for sex.) (I could have also chosen “very homosexual jeans” here.)

Yon quean not only wore a superlative gown, he also had perfect nomenclature (said in a pompous voice.)

Queen

A flamboyant homosexual, usually male, always fabulous.

That queen rocked his dress and sounded smart while doing it (said in a fabulous voice while snapping in a z formation.)

Basically, what you should learn from the above is that when someone writes about homophones, it probably has nothing to do specifically with homosexuals (except when my examples are used.) But try telling that to Clarke Woodger.

Woodger allegedly decided that one of the employees at the Norman Global Language Centre, a place teaching English as a Second Language (ESL), was out of line for writing a blog post on the very controversial world of similar-sounding words.

The employer seems to be of the opinion that ESL learners might be able to recognize the term homo, but only in the one context. Since it would be inconceivable that an ESL learning center could teach anyone that a word might have an alternate meaning, Woodger thought it best to just not ever use the word homo in any context ever. Because, you know, you don’t want anyone to mistakenly link you to the gay agenda – though the idiot agenda is perfectly acceptable.

Courtesy of Quick Meme.

Courtesy of Quick Meme.

Woodger purportedly demonstrated the above opinion when he fired an employee for writing an illicit homo-centric grammar post. Tim Torkildson, the dirty-minded teacher who wrote the post in question, claimed that as he was being fired, he was told the “blog about homophones was the last straw” and that the school was now “going to be associated with homosexuality.”

To be fair, I should mention that Woodger did rationally defend himself. According to him, the reason he acted the way he did was that people at this level of English learning “may see the ‘homo’ side and think it has something to do with gay sex.” Good point, Mr. Woodger, you’ve one me to you’re side – whoops, I meant you’ve won me to your side. If only there was some way to learn the difference between those same-sounding words.

Courtesy of Cheezburger

Courtesy of Cheezburger.

I hope we all agree that, assuming this actually happened, Woodger is a dam unreel fool of a mail who aired in his judgment, kneads to take a chill pill, and should develop some tacked. Or something like that. But is what he did a word crime in its most literal sense?

It depends on the state and whether this fits under that state’s employment at-will exceptions. This particular story took place in Utah, where a man may marry as many people as he wants so long as all the people he wants to marry are female. In Utah, employment discrimination against LGBT individuals is not yet prohibited. That being said, I’d have to say that this means that any LGBT supporter, whether that support is intentional or just through an inappropriate grammar lesson, would also not be protected.

Drat! It appears as if it is unlikely that a word crime was committed here; however, if this had happened in a more liberal state, let’s say California, it probably would have been. So, I stand by my claim that it is literally possible to commit a word crime.

Maybe one day we will live in a land where these offensive grammar violations are banned everywhere. Until that day, let us fight against blatant homophonia by teaching future generations tolerance for the English language and all of its variable meanings.

(You earn bonus points if you see all the many, many homophones scattered throughout this epic tale.)

Ashley Shaw (@Smoldering_Ashes) is an Alabama native and current New Jersey resident. A graduate of both Kennesaw State University and Thomas Goode Jones School of Law, she spends her free time reading, writing, boxing, horseback riding, playing trivia, flying helicopters, playing sports, and a whole lot else. So maybe she has too much spare time.

Featured image courtesy of [Katy via Flickr].

Ashley Shaw
Ashley Shaw is an Alabama native and current New Jersey resident. A graduate of both Kennesaw State University and Thomas Goode Jones School of Law, she spends her free time reading, writing, boxing, horseback riding, playing trivia, flying helicopters, playing sports, and a whole lot else. So maybe she has too much spare time. Contact Ashley at staff@LawStreetMedia.com.

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Offensive Gay Statement Showdown: Rick Perry vs. Brian Schweitzer Edition https://legacy.lawstreetmedia.com/blogs/offensive-gay-statement-showdown-rick-perry-vs-brian-schweitzer-edition/ https://legacy.lawstreetmedia.com/blogs/offensive-gay-statement-showdown-rick-perry-vs-brian-schweitzer-edition/#comments Fri, 20 Jun 2014 17:04:37 +0000 http://lawstreetmedia.wpengine.com/?p=18118

Politicians from both sides of the aisle are battling this week for the Who's-Most-Offensive-to-the-LGBT-Community crown. From Brian Schweitzer in Montana to Rick Perry in Texas -- who's the worst?

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It seems that Democrat Brian Schweitzer, former Montana governor, has been watching a bit too much of “The Office.” It’s funny when Dwight Schrute, one of the characters, uses the term “gaydar” because he is Dwight. He truly believes that he orders an authentic device able to determine someone’s sexuality. That’s good, funny television.

When politicians use the word “gaydar,” however, they seem exactly like Dwight, which doesn’t look so good to constituents. Recently, Schweitzer made an anti-gay remark that may have decreased his appeal as a 2016 presidential candidate. Ever-so-slightly.

F14LIBQ

Here’s how it all went down. Marin Cogan, a journalist for National Journal, phoned Schweitzer to get his opinion on the defeat of Republican Eric Cantor in the Virginia primary. Schweitzer didn’t exactly share his thoughts on Cantor’s defeat, but rather on his sexuality.  “Don’t hold this against me, but I’m going to blurt it out. How do I say this … men in the South, they are a little effeminate.” When Cogan asked him what he meant, he explained:

They just have effeminate mannerisms. If you were just a regular person, you turned on the TV, and you saw Eric Cantor talking, I would say — and I’m fine with gay people, that’s all right — but my gaydar is 60-70 percent. But he’s not, I think, so I don’t know. Again, I couldn’t care less. I’m accepting.

At least he ended on that note, right? So redeeming.

Yes, that is pretty insensitive. But Texas Governor Rick Perry may have outdone Schweitzer in the unofficial contest to see who can best speak filter-free and simultaneously offend an increasingly important demographic. Perry’s shining moment occurred when he compared homosexuality to alcoholism not long after endorsing “reparative therapy” for gays and lesbians who seek to change their sexual orientation through counseling.

In his 2008 book, Perry made the following statement: “Even if an alcoholic is powerless over alcohol once it enters his body, he still makes a choice to drink,” he wrote. “And, even if someone is attracted to a person of the same sex, he or she still makes a choice to engage in sexual activity with someone of the same gender.” He has since stood by that comparison.

Does this count as a homosexual act?

As most of us know, Perry and Schweitzer are not the only politicians with questionable opinions about the LGBT community. Even more appalling contenders for the “who-can-best-offend-homosexuals” contest include Scott Esk, a Republican candidate for Oklahoma’s house of representatives, and Gordon Klingenschmitt of Colorado. Both claimed recently that those committing acts of homosexuality are “worthy of death.” Maybe Klingenschmitt is just mad about his last name and was unsure how to express that sentiment.

So, gays are comparable to alcoholics and just need to go to corrective therapy possibly led by Rick Perry, and Brian Schweitzer will find them with his 60-70 percent accurate gaydar. They’d make a great team. It is quite possible that their comments will lead to their rapid defenestration, or at least weighty consequences if they ever do try for office again.

Marisa Mostek (@MarisaJ44loves globetrotting and writing, so she is living the dream by writing while living abroad in Japan and working as an English teacher. Marisa received her undergraduate degree from the University of Colorado in Boulder and a certificate in journalism from UCLA. Contact Marisa at staff@LawStreetMedia.com.

Featured image courtesy of [Benson Kua via Wikimedia]

Marisa Mostek
Marisa Mostek loves globetrotting and writing, so she is living the dream by writing while living abroad in Japan and working as an English teacher. Marisa received her undergraduate degree from the University of Colorado in Boulder and a certificate in journalism from UCLA. Contact Marisa at staff@LawStreetMedia.com.

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Canadian Law Societies Reject Trinity Western’s Anti-Gay Policies https://legacy.lawstreetmedia.com/news/canadian-law-societies-stand-gay-rights/ https://legacy.lawstreetmedia.com/news/canadian-law-societies-stand-gay-rights/#respond Thu, 19 Jun 2014 20:21:21 +0000 http://lawstreetmedia.wpengine.com/?p=17563

The British Columbia Law Society just voted 3,210 to 968 to reverse their April decision accrediting the new Trinity Western University Law School. Their original accreditation decision came under fire because Trinity University has a Christian covenant that serves as a mandatory contract students and staff are required to sign.

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The British Columbia Law Society just voted 3,210 to 968 to reverse its  April decision accrediting the new Trinity Western University Law School. The original accreditation decision came under fire because Trinity has a Christian covenant that serves as a mandatory contract students and staff are required to sign. The problem with this covenant? It blatantly discriminates against the LGBT community.

Under the covenant, all school affiliates are prohibited from a sexual relationship “that violates the sacredness of marriage between a man and a woman.” If they are found to have violated this covenant, or even fail to report violations by fellow students or staff, they may be expelled or terminated. The school has used a freedom of religion argument to defend its offensive and harsh rule.

In the most recent vote, 77 percent of the BC Law Society voted against TWU Law receiving accreditation, and although this vote is non-binding, it definitely affects the final decision. The BC Law Society is not alone in protesting the school’s covenant. The Law Society of Upper Canada in Ontario also voted against the accreditation. The Nova Scotia Barristers Society only granted conditional acceptance; the terms of that acceptance were that TWU either changes the covenant or gives students the option to not sign it.

TWU contends that its freedom of religion allows it to enact this covenant, and even launched court actions in British Columbia, Nova Scotia, and Ontario to defend it. Statements made by the institution have gone so far as to say that the provincial law societies rejecting the school’s accreditation are denying the concept that lawyers can participate in society while holding any religious beliefs. They also argue that the rulings are based solely ony public opinion, making them inherently unfair. But three different provincial law societies amount to thousands of votes, which seems like a very popular opinion, so the school’s argument seems a bit far fetched to me.

A similar case came before the Canadian Supreme Court in 2001 concerning the accreditation of TWU’s graduates and the court ruled in the school’s favor. Bob Kunn, Trinity’s president, even used this fact as a defense for the school’s covenant, saying, “the Supreme Court of Canada is the highest court in the country, comprised of the best legal minds, and their decisions should be respected.” I find this point especially laughable given that the school’s covenant is discriminating against an entire community that has been protected by that same court for eleven years. How can Trinity preach about freedom of religion when it forces students and staff to sign a contract that specifies their personal beliefs and punish students for violating the beliefs it deems correct?

Even more alarming is what this covenant could mean for Trinity’s future law graduates. In my eyes, this anti-gay covenant promotes further discrimination beyond just school enrollment. It has the potential to subliminally teach graduates that the LGBT community is somehow not worth their time as lawyers. Even worse, these future lawyers may have an extra barrier to employment in British Columbia, where gay marriage is now commonplace.

It is important to note that Trinity Western is not alone in its initiative to exclude the LGBT community from enrollment. In the United States, the supremely Christian Liberty University earned fifth place on a list of the top five most conservative schools in the United States. In addition to teaching youth earth creationism, the school also bans the admission of openly gay students. Many other universities with anti-gay policies, such as Patrick Henry College, are home to a silent underground LGBT community. Queerphc is a blog specifically dedicated to gay Patrick Henry students that states, “Patrick Henry College maintains a requirement of non-advocacy for enrolled students in regards to LGBTQ issues.”

Although this discriminatory spirit against homosexual and transgender students exists all over North America, the tides seem to be changing for the better in America. President Obama just announced that he will sign an executive order prohibiting sexual orientation discrimination. Many people, myself include, haven’t paid much attention to this announcement because frankly, we thought it was already established. Although there’s plenty of progress that needs to be made, both the US and Canada are on the right track in most respects. Hopefully Canada can take a lesson from its southern neighbor, use its constitutional history of LGBT acceptance as a basis, and show Trinity Western that discrimination in any form is both illegal and wrong.

Erika Bethmann (@EBethmann) is a New Jersey native and a Washingtonian in the making. She is passionate about travel and international policy, and is expanding her knowledge of the world at George Washington University’s Elliot School of International Affairs. Contact Erika at staff@LawStreetMedia.com.

Featured image courtesy of [Syowoe via Flickr]

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Erika Bethmann is a New Jersey native and a Washingtonian in the making. She is passionate about travel and international policy, and is expanding her knowledge of the world at George Washington University’s Elliot School of International Affairs. Contact Erika at staff@LawStreetMedia.com.

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EXCLUSIVE: Alan Turing Honored at the PROSE Awards https://legacy.lawstreetmedia.com/blogs/culture-blog/exclusive-alan-turing-honored-at-the-prose-awards/ https://legacy.lawstreetmedia.com/blogs/culture-blog/exclusive-alan-turing-honored-at-the-prose-awards/#comments Thu, 06 Feb 2014 20:48:09 +0000 http://lawstreetmedia.wpengine.com/?p=11703

This afternoon, publisher Elsevier Science won the R.R. Hawkins Award at the American Association of Publishers’ PROSE Awards, winning the top prize in the professional and scholarly publishing industry. Elsevier was honored for its work publishing the recent book, Alan Turing: His Work and Impact. Folks, how many of you even know who Alan Turing is? Probably […]

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This afternoon, publisher Elsevier Science won the R.R. Hawkins Award at the American Association of Publishers’ PROSE Awards, winning the top prize in the professional and scholarly publishing industry. Elsevier was honored for its work publishing the recent book, Alan Turing: His Work and Impact.

Folks, how many of you even know who Alan Turing is? Probably not a lot of you, unless you were serious math and science nerds during college.

So! I’ll catch you up. Born in 1912, Turing grew up in London and was one of those kids who’s just crazy smart. The kind of smart that makes you never want to read again, because OMG you could never measure up. He was such a talented math student that he skipped elementary calculus, and went straight to coming up with Einstein’s same ideas on his own by age 16.

Did you ever see Good Will Hunting? Alan Turing is basically Matt Damon. Yes. That guy.

But, since Turing didn’t endure childhood abuse and neglect like Will Hunting, he didn’t go on to become an under-achiever with anger problems. Instead, he turned out fabulously — he went on to become one of the most important mathematicians in history.

He came up with the idea to feed machines algorithms. He broke the German Enigma codes in World War II. He invented the CAPTCHA test. So, basically — that scene in The Social Network where the Facebook algorithm finds itself on the window of Zuck’s dorm room? That would be thanks to Turing. The Allied Powers defeating Hitler’s Nazi Germany in World War II? You can thank Turing for that, too. The computer you’re reading this post on right now? Also courtesy of Turing.

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Considering none of us can remember how to survive without computers and the Internet, Alan Turing pretty much made our whole lives. So, it’s pretty weird that a guy this important isn’t actually way more famous than he is, right?

Right. But he’s not. Because he was gay.

Back when Turing was alive, homosexuality was a criminal offense in England. So, in 1952, when his home was burgled by an acquaintance of his lover, Turing found himself in some deep shit. During the investigation, he admitted to having a romantic and sexual relationship with his lover, and wound up being charged with a crime himself. Crap like this is why queer folks don’t trust the cops, you guys.

Anyway! Turing wound up being convicted of gross indecency, and in lieu of prison time, he was sentenced to chemical castration. For one year, Turing received injections of oestrogen, a synthetic female hormone. As a result, he became impotent and developed gynaecomastia — a fancy doctor word that means he started growing breasts. Not surprisingly, Turing lost his security access and his job.

Also unsurprisingly, Turing was not a happy guy during this whole ordeal. He was so unhappy, in fact, that he committed suicide just two years later. In 1954, Turing was found dead in his apartment, a half-eaten apple lying beside him. It’s suspected that he laced the apple with cyanide in a dark reenactment of Snow White and the Seven Dwarfs. He was only 41.

In the years since his death, Turing’s legacy has been complicated. While his work lives on forever — providing the basis of all modern-day computer science — his name has been shrouded in shame-induced obscurity. His fame was revived in the early 2000s, when England batted around the idea of granting him a posthumous pardon for his “crimes,” something that didn’t officially happen until 2013.

So, when Elsevier published this book, celebrating Turing’s work and solidifying his place in history, it was a pretty big deal. They sent a message to the world that Alan Turing won’t be forgotten, despite his sexuality.

Before now, Turing was something of a tragic figure. He was a ridiculously great thinker, an indispensable historical figure, a scientific visionary with one tragic flaw. He liked other men. And in this heteronormative, patriarchal, Puritanical, fucked up world, that was reason enough to banish him from the history books. To banish him from life, really. His final years on this planet were tortured ones, and his gross mistreatment at the hands of the law ultimately led to his suicide.

Turing wasn’t alone. Countless queers have been persecuted over the course of history, and we continue to face social and legal adversity today. In the United States, homosexuality was a criminal offense until 2003. That’s insane.

So, here’s the bottom line. It’s awesome that Elsevier published this book, and it’s super fabulous that the company was honored for it. You heard it here first.

But Turing’s not the only gay man who suffered at the hands of the law. He’s not the only queer person whose legacy was forced into obscurity. And he’s not the only queer whose life was cut tragically short.

So, let’s remember Alan Turing. But let’s not forget about the rest of our community—especially those of us who aren’t white, male, able-bodied, middle-class, and cisgender. We’re suffering too.

Featured image courtesy of [Tim Ellis via Flickr]

Hannah R. Winsten
Hannah R. Winsten is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow. Contact Hannah at staff@LawStreetMedia.com.

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The First Time Lesbians Were Legal (on TV) https://legacy.lawstreetmedia.com/blogs/culture-blog/the-first-time-lesbians-were-legal-on-tv/ https://legacy.lawstreetmedia.com/blogs/culture-blog/the-first-time-lesbians-were-legal-on-tv/#comments Tue, 21 Jan 2014 18:18:25 +0000 http://lawstreetmedia.wpengine.com/?p=10831

Good afternoon folks! How many of you got a snow day today? Lucky bitches. Anyway! Guess what we’re commemorating this month? Martin Luther King Jr.’s birthday, yes—but something else. Something a bit less, serious. The premier of The L Word! Who here remembers that show? Please tell me some of you. Well, for those of […]

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Good afternoon folks! How many of you got a snow day today? Lucky bitches.

Anyway! Guess what we’re commemorating this month? Martin Luther King Jr.’s birthday, yes—but something else. Something a bit less, serious.

The premier of The L Word! Who here remembers that show? Please tell me some of you.

Well, for those of you who live under a rock, The L Word was a Showtime series that followed the lives and loves of a group of lesbian friends living in Los Angeles. It was the first TV show to feature more than one significant lesbian character, and to this day it’s the only show that ever depicted semi-realistic, super-hot lesbian sex.

Who were you 10 years ago? I was an angsty, almost-teenager who dated dumb boys while secretly crushing on older girls. I was goth, or punk, or something, and I was eschewing my dreams of being a writer to halfheartedly pursue my dreams of being a rock star.

It was a weird time.

But 10 years ago, I didn’t have Showtime. I had never heard of The L Word. Netflix was barely a thing. And had my parents walked in on me watching the queer, soft-core porn that is The L Word’s claim to fame, they probably would have sent me away to an all-girls Catholic boarding school. (Kind of a weird disciplinary solution for a Jewish, budding dyke — but that was their go-to threat, nonetheless.)

I didn’t meet the cast of The L Word for another few years, when my first serious girlfriend and I binge-watched most of the series while she was recovering from surgery. Despite the show’s obvious problems — it was depressingly white-washed, hopelessly femme, and wildly unrealistic — I was totally hooked. It was the first time I’d ever seen anything remotely similar to my life up on the screen. And it was hot.

So here we are, a decade later, and everything’s different. I’m a grown-ass woman, with a job and an apartment and a life that’s complicated as fuck. The L Word’s long gone, and it’s been semi-replaced with Orange is the New Black — which is way queerer and more diverse, if slightly less X-rated. Queer characters are gracing the small screen left and right, from Modern Family to The Fosters. Things are good.

But are they really? Because life imitates art. And things are still pretty rough out here.

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Poverty and homelessness are still a major problem for queer folks. We’re still met with devastating violence on the streets, and rejection from our families. We’re still faced with higher rates of unemployment, depression, and addiction. We’re still getting deported. We still don’t have health insurance.

Seriously. It’s rough out here.

And we’re not the only ones who feel it. Inequality is at an all-time high, leaving more people out in the cold than ever before. Things are difficult for most of us, regardless of sexuality. But for many, queerness makes it worse.

So, when I look back at The L Word and the world it premiered into 10 years ago, I like to think about how far we’ve come. It’s awesome that dykes on screen aren’t groundbreaking anymore. It’s fabulous that somewhere, someone, somehow, got the funding to represent us — even if it was a limited and problematic representation.

But it’s important to remember how far we have left to go. Just six months before The L Word hit Showtime, the Supreme Court issued a decision on the case Lawrence v. Texas, decriminalizing homosexuality in the United States.

That’s right.

Just six months before the gayest of gay girl shows premiered, queerness was criminal.

And today, a decade later, queers are still grossly underrepresented in the media, while we’re grossly over-represented in the prison population.

How much has really changed? It’s debatable, for sure.

So this month, head on over to Netflix and binge watch The L Word. Get hooked on the melodramatic awfulness and the inhumanly hot sex scenes.

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But also remember that queerness is more than a glammed out TV show. And we still have a long-ass way to go.

Hannah R. Winsten (@HannahRWinsten) is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow.

Featured image courtesy of [kyle rw via Flickr]

Hannah R. Winsten
Hannah R. Winsten is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow. Contact Hannah at staff@LawStreetMedia.com.

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Congress, Make it Stop: You Can Still Get Fired for Being Gay https://legacy.lawstreetmedia.com/blogs/culture-blog/congress-make-it-stop-you-can-still-get-fired-for-being-gay/ https://legacy.lawstreetmedia.com/blogs/culture-blog/congress-make-it-stop-you-can-still-get-fired-for-being-gay/#comments Tue, 05 Nov 2013 12:00:21 +0000 http://lawstreetmedia.wpengine.com/?p=7417

Happy November, folks! Has everyone ditched their spooky, jack-o-lantern-themed front door decorations for some good, old-fashioned hand turkeys? Yes? AWESOME. Feels good to start fresh, am I right? Post-Halloween, fall takes on a whole new aura. And the Senate seems to agree! They’re not swapping out their seasonal front door decorations (or are they?), but […]

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Happy November, folks! Has everyone ditched their spooky, jack-o-lantern-themed front door decorations for some good, old-fashioned hand turkeys? Yes? AWESOME.

Feels good to start fresh, am I right? Post-Halloween, fall takes on a whole new aura.

And the Senate seems to agree! They’re not swapping out their seasonal front door decorations (or are they?), but they are introducing a new piece of legislation! Yay!

Well, sort of, at least. The Senate’s about to vote on the Employment Non-Discrimination Act, affectionately termed ENDA by those of us who talk about this shit all day. It’s not actually a new piece of legislation, since it was first introduced in 1994, and passed in 1998, under President Clinton. But after this vote, it might have some important new provisions.

Specifically, this week’s vote is about adding protections that would benefit the LGBT community, so that all of us non-breeders don’t have to worry about getting unceremoniously fired. That would be good, right?

Absolutely! Except here’s the problem—this new and improved version of ENDA doesn’t have great prospects in the House. A bunch of Congress-people down there are planning to vote against it.

We’re looking at you, Boehner. You are just not a likeable guy these days, my man.

He’s publicly opposed the bill, sending one of his henchmen (I mean, spokespeople! Freudian slip, my bad), Michael Steel, to tell the press, “The speaker believes this legislation will increase frivolous litigation and cost American jobs, especially small business jobs.”

So, passing a bill that will prevent people from getting fired will magically make jobs disappear? Oh, Boehner, you silly goose. You’ve got it backwards! When people don’t get fired, they get to keep their jobs, meaning less unemployment and a better economy for everyone. But you knew that, right?

Right.

Right.

Also, frivolous litigation? So, when people sue their employers for wrongful termination, you would consider that to be frivolous? Interesting.

I think what Speaker Boehner is getting at here, is the idea that adding the LGBT community to ENDA is unnecessary. According to him, us queers don’t have a problem with employment discrimination, and if we do, there’s other legislation that can handle it for us.

By that line of reasoning, if we get more laws protecting our employment prospects, queers would pretty much be unfire-able. Every time one of us faces termination—no matter how warranted—we’ll threaten our employer with a discrimination lawsuit, and wind up either suing people left and right, or never being unemployed again.

Ah, if only life were that simple, Boehner. Here’s the reality for queers in the workforce.

MAP GAY FIRING

Thanks Upworthy!

In the 29 red states on this map, it’s completely legal to fire someone from their job because of their sexual orientation.

Literally. No exaggerations, no equivocations. For real.

In the 29 red states, if your boss does not approve of who you like to fuck in your spare time, he or she can fire your ass, no questions asked.

That is a major problem.

And it’s worse for trans or gender-non-conforming people. There are 33 states where it’s totally legal to fire someone based on their gender identity.

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Seriously. And, up to 43 percent of lesbian, gay, and bisexual people have experienced harassment or discrimination at work because of their sexual orientation. Ninety percent of trans folks have had these experiences.

Is it just me, or are those some extremely depressing numbers?

For starters, it sucks being harassed or discriminated against at work. And that’s putting it lightly. We all spend the majority of our lives at work—imagine spending that time getting treated like shit by your boss and/or coworkers, just because of who you are? That shit’s soul crushing.

And that’s if you’re lucky enough to have a job at all. At least in this bummer-town scenario, you’re earning a paycheck.

But what happens when the abuse gets to be so bad that you’re forced to quit? Or when your boss decides that having a fabulous, queermo, rainbow butterfly on his payroll isn’t acceptable, and fires your ass?

Then you’ve got no way to pay your rent. No wonder queers face higher rates of poverty and unemployment.

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So, Speaker Boehner, here’s the thing.

Adding sexual orientation and gender identity to ENDA, as two reasons that are NOT legal grounds for firing someone, is a good thing. At the end of the day, it translates to less unemployment, less poverty, and generally, less douche-iness.

So let’s get it done, Congress! Add us queers to your list of legally protected citizens who can’t be discriminated against in the workplace.

Then, maybe next week I won’t write a follow-up piece about how you’re all assholes.

Featured image courtesy of [Philippa Willitts via Flickr]

Hannah R. Winsten
Hannah R. Winsten is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow. Contact Hannah at staff@LawStreetMedia.com.

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