July 7, 2011 edition of the Bay Area Reporter

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LGBT refugees face hurdles

Leno bill heads to governor

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Barbara Eden in SF

The

www.ebar.com

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

DOJ comes out swinging against DOMA

Dispute pits LGBT seniors vs. low-income renters

by Lisa Keen

by Matthew S. Bajko

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nti-gay laws should be subjected to heightened review, the federal Department of Justice said in a brief filed last week in a California challenge to the Defense of Marriage Act. The DOJ on July 1 recommended a federal appeals court in California dismiss a motion promoted by the House of Jane Philomen Cleland Representatives to dismiss a challenge Karen Golinski to DOMA. The argument came in Golinski v. Office of Personnel Management, a case filed See page 16 >>

Friends, family mourn slain SF man by Seth Hemmelgarn

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ast Friday, friends and family of Freddy Canul-Arguello sat silently in a small, dark room at Mission Presbyterian Church. Canul-Arguello’s light blue casket, decorated with flowers, could be seen through the open doors leading to the sanctuary. The 23-year-old gay man had sometimes Freddy Canulattended the church. Arguello His burned body See page 14 >> was found in San

Vol. 41 • No. 27 • July 7-13, 2011

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Alex Benshimol, left, and Doug Gentry are shown on their wedding day last July in Connecticut.

fight has erupted over an infill development project near the northern boundary of the city’s Castro District that is pitting affordable housing for LGBT seniors against units for low-income renters. Community groups, city officials, and the project’s developers have been meeting for months to try to forge a deal that would fund Openhouse’s LGBT senior housing project, and still result in having 49 below-market-rate units among the 330 market-rate housing units built on site. The project in question, located at 55 Laguna, was home to the former UC Berkeley Extension campus and lies a block away from the LGBT Community Center. It is one of the last available See page 8 >>

Courtesy Doug Gentry

by Seth Hemmelgarn

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same-sex, binational California couple is set for a hearing before an immigration judge in San Francisco next week and is trying to stay together. Doug Gentry, 53, a U.S. citizen, and his husband, Alex Benshimol, 47, have been together for six years. They were married in Connecticut in July 2010. “We really don’t have a second plan,” Benshimol said. “We just want to stay together.” He added, “I don’t have anything in Venezuela. ... No job, no house, nothing.” He also said he would be in danger if he returned to his native country. “It’s a very difficult situation right now for gay people” there, Benshimol said. “We’ve built our lives here,” Gentry added. The men own a business, as well as a home. Plus, Gentry has two adult children in their 20s from a previous marriage. Gentry lives full time in Cathedral City, which is near Palm Springs. Benshimol has been spending more time in San Francisco because the couple is hoping to expand their business – Alex’s Pet Grooming – into the city, where they hope to eventually move.

Couple’s history Benshimol came to the United States in the late 1990s from Venezuela and

overstayed a tourist visa. The couple met five years into Benshimol’s 10-year visa, which expired in 2009. Gentry filed a marriage-based green card petition for Benshimol in July 2010, but it was denied because of the Defense of Marriage Act, according to www.stopthedeportations.blogspot.com, which describes the couple’s case. They submitted the petition again in June, citing federal developments related to same-sex binational couples, the site says. Because of DOMA, the United States does not legally recognize gay and lesbian couples and their children as families. But there have been some developments with DOMA. In February, U.S. Attorney General Eric Holder announced that the Department of Justice would no longer defend Section 3 of DOMA because it considers it unconstitutional. Section 3 states that the U.S. government will not, for federal purposes, recognize any samesex marriage. The DOJ had also indicated it would continue to enforce DOMA until or unless the courts determined the law was unconstitutional. But some attorneys in the immigration field have questioned whether the Holder announcement might apply to immigration courts. In May, Holder vacated a deportation ruling against a gay man, suggesting that his relationship with a New Jersey man

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Complaint filed over Pink Sat. incident by Seth Hemmelgarn

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gay San Francisco man has filed a complaint against police after he was beaten on Pink Saturday, June 25, by partygoers and then taken away in handcuffs by officers. Castro resident Sean Ray was not arrested. According to a certificate of release he provided, Ray was detained for a total of about 40 minutes. Courtesy Sean Ray Ray, 42, said he Sean Ray hadn’t attended the unofficial street party that night, but it appears he couldn’t avoid it. He had been at a barbeque during the day and stopped by his building on Market Street near Castro Street for a change of clothes before See page 16 >>


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