October 8, 2020 edition of the Bay Area Reporter

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LGBTQ accountants

Answers sought in trans death

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ARTS

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Tom Dolby

The

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

Vol. 50 • No. 41 • October 8-14, 2020

Thomas, Alito critical of ‘15 same-sex marriage ruling

Courtesy Governor’s Office

Governor Gavin Newsom, left, introduces retired Justice Martin Jenkins as his pick for the state Supreme Court

LGBTQ groups praise CA high court pick

by Lisa Keen

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by Matthew S. Bajko

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aving encouraged Governor Gavin Newsom to name an out person to fill a vacancy on the state’s highest court earlier this year, LGBTQ leaders reacted with exuberance Monday following the nomination of retired Justice Martin Jenkins, who is gay and lives in Oakland. Should the 66-year-old Jenkins be seated, all three West Coast states will have out justices on their state supreme courts. Jenkins will be the first openly LGBTQ person and the third Black man to serve on the California Supreme Court. Having served as Newsom’s judicial appointments secretary since 2019, he is expected to easily win confirmation by the Commission on Judicial Appointments. Before now Jenkins had not been publicly out, having come out of the closet late in life, something he addressed during a joint appearance with Newsom Monday. See page 5 >>

wo U.S. Supreme Court associate justices used the first day of the new term Monday to lambaste the 2015 decision that legalized same-sex marriage nationwide. Associate Justices Clarence Thomas and Samuel Alito used the October 5 opening day to make an unusual, unsolicited statement indicating they are still opposed to the Supreme Court’s 2015 decision in Obergefell v. Hodges, which struck down state bans on marriage for same-sex couples. Thomas and Alito made the declaration alongside the court’s announcement that it would not hear the appeal of a Kentucky county clerk, Kim Davis, who refused to issue marriage licenses to same-sex couples in defiance of Obergefell. Thomas and Alito’s statement complained that the Obergefell decision had forced Davis to choose between her religious beliefs and her job. They did not mention that Davis lost her appeal at the 6th U.S. Circuit Court of Appeals before a panel of three Republican appointees, including Judge John Bush, an appointee of President Donald Trump. “Davis may have been one of the first victims of this court’s cavalier treatment of religion in its Obergefell decision, but she will not be the last,” warned the statement penned by Thomas. “... Obergefell enables courts and governments to brand religious adherents who

State Senate Dist. 11: Scott Wiener SF Supervisors District 1: Connie Chan District 3: Aaron Peskin District 5: Dean Preston District 7: Myrna Melgar District 9: Hillary Ronen District 11: Ahsha Safaí

She got only two, even though the court currently has five conservative justices. Her appeal did not win the support of Chief Justice John Roberts Jr., who also dissented in the Obergefell decision. And it did not get the support of Trump’s two appointees – Neil Gorsuch and Brett Kavanaugh. What troubles LGBT legal activists, however, is that the Obergefell decision in 2015 was a close one: 5-4, with now-retired Justice Anthony Kennedy joining four liberal justices See page 8 >>

ENDORSEMENTS

Archives aim to preserve Southern queer history

C A L I F O R N I A

by Matthew S. Bajko

State Assembly (Bay Area) Dist. 15: Buffy Wicks Dist. 18: Rob Bonta Dist. 16: Rebecca Bauer-Kahan Dist. 25: Alex Lee Dist. 28: Evan Low State Senate (Other) District 5: Susan Talamantes Eggman District 9: Nancy Skinner District 17: John Laird

SF City College Board Shanell Williams Tom Temprano Aliya Chisti Alan Wong

Congress (Bay Area) Dist. 2: Jared Huffman Dist. 3: John Garamendi Dist. 5: Mike Thompson Dist. 10: Josh Harder Dist. 11: Mark DeSaulnier Dist. 12: Nancy Pelosi Dist. 13: Barbara Lee Dist. 14: Jackie Speier Dist. 15: Eric Swalwell Dist. 17: Ro Khanna Dist. 18: Anna Eshoo Dist. 19: Zoe Lofgren

BART Board District 9: Bevan Dufty District 7: Lateefah Simon

JUDGES Alameda County Superior Court Office 2: Mark Fickes

State Assembly (SF) Dist. 17: David Chiu Dist. 19: Phil Ting

Bay Area (Other) Oakland City Council, At-Large: Rebecca Kaplan District 3: Lynette McElhaney Alameda City Council: Jim Oddie

SF School Board Mark Sanchez Jenny Lam Michelle Parker Kevine Boggess

believe that marriage is between one man and one woman as bigots, making their religious liberty concerns that much easier to dismiss.” Thomas and Alito agreed that the case Davis brought before the Supreme Court did not “cleanly” present an issue through which the court could revisit Obergefell and address “a problem that only it can fix.” Until then, Obergefell will continue to have “ruinous consequences for religious liberty,” the statement read. Davis needed at least four justices to say yes in order for the high court to take her appeal.

B.A.R. GENER AL ELEC TION

President / Vice President: Joe Biden, Kamala Harris

Public domain

Supreme Court Justices Clarence Thomas, left, and Samuel Alito issued a statement decrying the court’s 2015 decision legalizing same-sex marriage.

Remember to vote by Nov. 3!

Fremont Mayor: Justin Sha San Ramon City Council, Dist. 3: Sameera Rajwade AC Transit, At-Large: Victoria Fierce AC Transit, Ward 1: Ben Fong Livermore City Council, Dist. 3: Brittni Kiick Morgan Hill City Council, Dist. C: Rene Spring Santa Clara City Council, Dist. 6: Anthony Becker South San Francisco City Council, Dist. 4: James Coleman Santa Clara County Board of Education Trustee, Area 4: Ketzal Gomez San Jose-Evergreen Community College Trustee, Area 7: Ali Sapirman Palo Alto Unified School Dist. Board of Education: Katie Causey Pinole County Council: Devin Murphy SAN FRANCISCO PROPS Yes on: A, B, C, D, E, F, G, H, I, J, K, L, RR CALIFORNIA PROPOSITIONS Yes on: 14, 15, 16, 17, 18, 19, 21, 25 No on: 20, 22, 23, 24

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hen Spectrum, the undergraduate LGBTQ student group at the University of Alabama in Tuscaloosa, launched in 1983 it became a resource not just for those on campus but for queer people living in that part of the South. Over time people from as far away as Mobile rang its office seeking support and referrals for services. If nobody picked up the phone, callers left messages on an answering machine. Such devices are largely relics today but somehow the one used by Spectrum survived with its original tape. A librarian and faculty member who had advised the group for years had stored it in her garage. “When I plugged it into the wall, it was so heartwarming and heartbreaking to listen to it. All these people were saying, “I am so glad you are here,’” recalled Joshua Burford, who earned undergraduate and master’s degrees from the university. Burford, 45, who is queer and grew up in Anniston, Alabama, first listened to the recorded messages in 2008 while assembling the Miller-Stephens GLBTQ UA Student Organization Collection housed at the University of Alabama Libraries Special Collections. About a decade prior he had met with the student group’s first faculty adviser, who agreed to turn over the archival material stored in his garage. “I built this tiny collection out of, I think, five boxes,” recalled Burford. “But man those five boxes set me on a completely different course in my life.” In 2013, he had taken a job as an assistant director for Sexual & Gender Diversity at UNCCharlotte in order to create the city’s first LGBTQ archive housed at the campus’ J. Murrey Atkins Library. Known as the King-HenryBrockington LGBTQ+ Archive, one of its

Courtesy Invisible Histories Project

A photo from the Miss Gay Alabama pageant for 1980, taken in 1979 at the Ram’s Head, a gay bar in Birmingham. In the image, from left, are Barbara Jean (Lady BJ), Mandy Lynn, and Bronzie De’Marco, who has been a drag performer in Alabama for more than 50 years. The man at right is unidentified. Photo: Courtesy Invisible Histories Project

oldest contents is a stash of photos from 1940 detailing a queer bar night in Charlotte held at the Barringer Hotel’s Hornet’s Nest Lounge. A lesbian who worked as a bookkeeper at the hotel started inviting her queer friends to the bar on Tuesday nights after realizing it was largely bereft of patrons on those evenings, recalled Burford. “So it became this underground guerrilla gay bar,” he said. Two years ago Burford moved to Birmingham, Alabama to work on launching the Invisible Histories Project with a fellow academic, Maigen Sullivan, in order to preserve queer Southern history, particularly in the states of Alabama, Mississippi, and Georgia. They had first met in the mid-2000s on the Tuscaloosa See page 5 >>


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