december 30, 2010 edition of the bay area reporter

Page 1

BARtab

Escape the winter blahs

Adios, 2010!

New gay hotel and pristine beaches make Miami a great destination.

Best of the year in film, fine art, classical music and more.

Dive In! Old Bars, New Scenes.

see inside

see Arts

page 8

BAYAREAREPORTER

Vol. 40

. No. 52 . 30 December 2010

Serving the gay, lesbian, bisexual, and transgender communities since 1971

Gov. leaves tortured LGBT legacy 2011 ushers in P new laws

Rick Gerharter

O

page 11

page 12

Governor Arnold Schwarzenegger missed key opportunities to support major issues such as marriage equality.

2010’s events predict less in 2011 by Lisa Keen

Senators Joe Lieberman and Susan Collins were the force behind the Senate’s standalone bill to repeal DADT.

f past is prologue, 2011 should turn out to be a fairly decent one for the LGBT community. It’s not that everything turned out so rosy for the community in 2010, but the gains registered more powerfully than the losses. Here’s a look at the top five national news stories for the LGBT community in 2010 and why, in many cases, they could signal a better tomorrow:

I

Congress passes a bill to repeal DADT Anyone who was paying attention in 1993 knows what a devastating setback the community suffered with the codification of the military’s ban on gays into what is known as “Don’t Ask, Don’t Tell.” The community itself had asked the newly elected Democratic president, Bill Clinton, to end the military’s long-standing policy banning gays from service. But instead, Senator Sam Nunn (D-Georgia) orchestrated a parade of testimony and innuendo to suggest that the mere presence of gays would violate the “sexual privacy” of heterosexual service members. One female Naval petty officer testified that, “You are asking me to sleep and shower with homosexuals. You are asking me to expose my sexuality...” Not surprisingly, 56 percent of the public opposed allowing “homosexuals” to serve “openly” in the military in 1993. In December 2010, only 21 percent of Americans felt that way. And Democratic President Barack Obama, using a strategy of sticks and carrots that sometimes angered the LGBT community, helped drive through passage of a bill that will eventually lead to a dismantling of the ban. What does that say about 2011? Given the shaky economy, high unemployment, and intense partisan divide in Congress,

•••FIRST

OF

there is little likelihood the Obama administration will take on another piece of pro-LGBT civil rights legislation in 2011. The presidential election campaign of 2012 begins in earnest now and Obama must tend to a wide variety of constituencies, as well as Middle America in general. But he has shown – even before repeal of DADT – that his administration is willing to use its power to adopt more LGBT friendly regulations and policies that will advance the LGBT civil rights ball down the field. And that is likely to be where the action will be, for the Obama administration, in 2011.

Federal judge rules Prop 8 unconstitutional U.S. District Court Chief Judge Vaughn Walker ruled August 4 that California’s voter-approved constitutional amendment banning same-sex marriage violates the U.S. Constitution’s guarantee of equal protection and due process. The result came following a three-week trial in San Francisco during which famed conservative attorney Theodore Olson and famed liberal attorney David Boies mounted a comprehensive case

TWO

against Proposition 8, passed in 2008. They showed how the initiative harmed gay people as a minority and was driven by the fear and animus of those who sought its passage. The participation of Olson and Boies has made this the most high-profile legal challenge in LGBT history. And it seems almost certain to bring before the U.S. Supreme Court the question of whether the bans in California and in 44 other states (by law or decree) are permissible. The 9th U.S. Circuit Court of Appeals will weigh in on the dispute in 2011.

What does that say about 2011? The appeal before the three-judge panel of the 9th Circuit, on December 6, seemed to go well for opponents of Prop 8. Questions from the judges seemed to indicate they are seriously considering whether Yes on 8 proponents even have standing to bring their appeal. But regardless of how they rule – on standing and/or on constitutional issues – their decision(s) will almost certainly be appealed to the full 9th Circuit bench and then, eventually to the U.S. Supreme Court. The composition of the current Supreme Court, coupled with the activist tendencies recently demonstrated by its conservatives, makes an outcome there completely unpredictable. A ruling on the constitutional issues will probably not be in front of the high court until late 2011 at the earliest, and more likely 2012. But a win at the 9th Circuit level – even if later overturned by the Supreme Court – would go some distance to undermine the political argument that Walker was just an “activist judge.” It would also provide another boost of momentum for public opinion to continue its journey toward getting

SECTIONS•••

page 12

utgoing Governor Arnold Schwarzenegger signed several LGBT-related bills this year that are set to take effect January 1. Among the most significant to the LGBT community is legislation that should make it easier for students to seek mental health help. Out state Senator Mark Leno (DSan Francisco) authored Senate Bill 543, the Mental Health Services for At-Risk Youth Act. Among other provisions, the act will allow Mark Leno youth ages 12-17 to obtain counseling without parental consent if the attending professional believes the youth is mature enough to participate. “Especially in light of the tragic suicides in recent weeks, the counseling that will now be afforded young people without parental consent may save lives,” Leno said in October, referencing the news of several suicides by young men this year who were reportedly bullied by classmates because they were gay or perceived to be gay. A statement from bill sponsor Equality California on SB 543 included concern that current parental consent requirements may put LGBT youth at risk of abuse by coming out to their parents prematurely or without support. One of the bill’s co-sponsors was the Gay-Straight Alliance Network. “This bill is for me, for my friends, for every young person who called 911 at the last minute like I did,” Giuliana “G” PeBenito, 16, said in a statement from the organization. The governor also signed Assembly Bill 2055, the Unemployment Benefits Act. Currently, couples who are engaged to be married are eligible for unemployment benefits if one of them has to leave their job so they can move closer to their future spouse. The act extends the same rights to couples who plan on entering into a domestic partnership. It especially benefits same-sex couples, who are currently prohibited from legally marrying. Former Assemblyman Hector De La Torre (DSouth Gate) authored the legislation. Among legislation making headlines this year was AB 2199, which calls for the repeal of a section of the California Welfare and Institutions code that instructs the state Department of Mental Health to conduct research into the “causes and cures of homosexuality.” That code was originally written in the 1950s. Schwarzenegger signed the bill earlier this year. Assemblywoman Bonnie Lowenthal (D-Long Beach) authored the bill. Schwarzenegger also signed AB 2700, the Separation Equity Act. The bill, by As-

by Seth Hemmelgarn

erhaps the best way to summarize Governor Arnold Schwarzenegger’s LGBT rights legacy during his seven years in office is by borrowing a famous Dickens phrase. It was the best of times; it was the worst of times. The film star and Republican political newcomer coasted on a wave of voter discontent to win election in 2003 following the recall of Governor Gray Davis. At the time, he was largely an unknown entity when it came to gay issues. He has confounded his LGBT supporters and detractors ever since. He later appointed Susan Kennedy, an out lesbian Democrat, as his chief of staff, and numerous other LGBT people to high profile positions in his administration, the courts, and various state oversight panels. And he signed into law 42 bills backed by the statewide LGBT advocacy group Equality California, the most of any governor in the state’s history. His signatures on a series of bills aimed at strengthening anti-discrimination laws for LGBT residents introduced by former openly gay Assemblyman John Laird (D-Santa Cruz) paved the way for several pro-gay court victories in matters dealing with gay parents and access to health care services. Schwarzenegger also proved amenable to

Lydia Gonzales

by Matthew S. Bajko


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.
december 30, 2010 edition of the bay area reporter by Bay Area Reporter - Issuu